Counsel To Move For Order Granting Leave To Appeal In Ashburton Licensing Case.

Star (Christchurch), Issue 18926, 23 November 1929, Page 1

Counsel To Move For Order Granting Leave To Appeal In Ashburton Licensing Case.

INTERPRETATION OF LAW WILL AFFECT NUMBER OF NORTH AND SOUTH ISLAND HOTELS.

TVTOTICE of motion for leave to appeal to the Privy Council -L Nl against the decision of the Court of Appeal in the Ashburton licensing case has been lodged by Messrs Duncan, Cotterill and Co., solicitors for plaintiff, Joseph Scales, hotelkeeper, of Ashburton.

The case was heard in the Court of Appeal on October 7 and 8, when plaintiff applied for a writ of certiorari against 11. A. Young, S.M., and other members of the Mid-Canterbury Licensing Committee, removing plaintiff’s application for a grant of a publican’s license in respect of the Somerset Hotel from the committee and quashing its order refusing to hear the same, and alternatively for a writ of mandamus commanding the committee to hear such application. Messrs A. F. Wright, W. J. Sim and F. S. Wilding appeared for plaintiff

and Messrs F. C. Spratt (Wellington) and L. A. Charles (Ashburton) for defendants. The Court on that occasion considered that the Licensing Committee had no jurisdiction to grant a licence. The Court, while admitting the injustice of the case, pointed out that legislation had failed to provide for the particular set of circumstances which had arisen from the alteration of the electoral boundaries. The decision affects licenses in several South Island districts and some in the North Island.