A LICENSING CASE.

Star (Christchurch), Issue 7154, 19 July 1901, Page 4

A LICENSING CASE.

[Peb Press Association.]

WELLINGTON, July 18.

The decision in the appeal against granting a new license to the hotel Commonwealth, New Plymouth, was given to-day. The Chief Justice expressed tie opinion that- what had taken place, that is to say, the dropping of a license at Bell Block, and the grant of a new license to tie same person at New Plymouth, amounted to an evasion of the Licensing Acts, but it was not met by express words of the statute, and the Court, therefore, was ; powerless to prevent it. His Honor was also of opinion, though not without considerable doubt, ■that *theW should be a vacant license at the time of the commencement of the hearing of am application for a new license, and that there could not be jurisdiction to hear unless there was at the time jurisdiction to grant. In his Honors view, the requirements of the statute in regard to accommodation must be complied with when notice of application for a license was given, and the evidence was quite plain that the requirements had not been complied with at that time in this case, ,and his Honor was therefore of opinion that the Magistrate, sitting as a committee, had acted without jurisdiction on this ground also, and the granting of the license ought to be quashed. ; The other members of the Court, namely Justices Williams, Denniston, Conolly and Edwards, were unanimously of opinion* that the dropping of one license and granting a new license to the same person in another part of the district is not a removal within the meaning of the Licensing Acts, that to v give jurisdiction to grant a new license it is sufficient that there should be a vacant license at the time when the new license is actually granted, and that as regards the accommodation prescribed by the Act it is sufficient that incomplete premises are in- existence at the time of notice, to which notice of application can be affixed in conformity with the Act, and that these premises are properly ftrnpleted and comply with' the requirements of the Act at the date of the license being actually granted. Their Honors, therefore, were of opinion, that the Magistrate sitting as a committee, had not exceeded bis jurisdiction, and the motion for certiorari and prohibition should be dismissed. Judgments was entered for tie defendants with costs £50 and disbursements. Plaintiff applied for and obtained leave- to appeal to the Privy Council.