ANNUAL LICENSING MEETINGS.

Western Star, Issue 1569, 10 June 1891, Page 2

ANNUAL LICENSING MEETINGS.

- * NORTH RIVERTON. T'lio annual meeting was bold iu the Courthouso on Monday ut noon. Present—Messrs Mills (Chairman), Foray tb, Moore and Jar, Pattison. MiH AI’IM.ICA I’loN AN OMJ IIOUSB. Morgan Hayes applied for a publican’s license for tbo Shamrock Hotel. Mr Neavo appeared for applicant. Mr Anderson, on behalf of Ibn other applicants, asked that the hearing of Mr Hayes’ application, which was likely to occupy the court some time, be deferred until the other applications were disposed of. Mr Neavo objected to this course. It might prejudice his client it tbo other ap plications were granted before bis was disposed of. The Bench decided to take the applications in the order they were sot down for hearing on the sheet, and would therefore hear Mr Haves’ application first. Mr Neavo said no objections had been lodged against the applicant, consequently po objections could bo lodged now. if the

Bench themselves had any objections they had nut given his client notice of them, counsel therefore asked the Committee to grant the application. The police report stated that the old house was destroyed by lire, and the present house was an entirely new brick building and in every way suitable for a licensed house ; that there was furniture on the promises to furnish it, and that nothing was known against tho applicant.—Sergeant Rutledge supplemented the report by stating that he hid visited tho house that morning and had seen a quantity of furniture sufficient to furnish the various rooms, which would be placed in position if the license was granted. [n reply to tho Chairman, the Clerk of tho Bench said the house was not licensed at present. The license was granted at last annual meeting, and the certificate was signed but not taken up by the licensee. A mooting of tho old Committee was held last month at which a renewal of tho license was applied for. It was then refused, hut a recommendation was made by them to tho incoming committee, that under tho exceptional circumstances of the case they would favorably consider the application when it came before them.

The Chairman said tho Committee wore unanimously of opinion that they had no jurisdiction to consider tho application, in the face of tho local option vote recently taken which was against an increase of licenses. .Section 19 of tho Act clearly showed that they had no jurisdiction, and that the matter had been taken cut of their hands by tho vote of tho ratepayers. They could therefore grant no additional licenses unless they wished to act contrary to tho law, which they did not.

Mr Neavo said section G 3 mado it incumbent on tho Committee to give an applicant notice of any objection they might have to bis application. Up to 30th Juno 1899, the Shamrock Hotel v.aa a licensed house. Ac last annual msct : ng a license was granted to Mr Hannan, the licensee, and a certificate issued, hul as ho did not pay the necessary fee the license lapsed, and counsel maintained that his client was now in the same position as tho other applicants. He called A. M. Eyes, clerk to tho Licensing Bench, who produced tho book of tho licensing district, the records of which extended back to 1883. At tho la t annual mooting the Committee granted a corithoato for tho issue of a license for tho Shamrock Hotel.

Morgan Hayes, the applicant, deposed that he held a license for the Sham rook Hotel previous to October 1881. He also had a license for the Caledonian Hotel some years before on the same ground ou which the Shamrock was now built. Jho license had b„on in existence for upwards of 20 years continuously. Mr Heave then gave the interpretation ot a publican’s license under the Act, which he contended gave a licensee no power beyond the period for which his license extended. In support of this opinion lie cited the decision given in the case Sharpe v. Justices of Westmoreland, hoard in the House of Lords after it had passed through all the lower court-. Ho therefore submitted that the other applicants were in exactly the same position as his cliont as regards their right to have their applications granted. Counsel then gav< the interpretation placed by the Act upon the different classes ot publican’s licenses —now license, new application for old house, and renewal. The first, ho maintained, was the only class of license to which the local option vote applied. It was set forth in the Act that a new publican’s license was in respect of promises for which no license had been granted prior to the coming into operation of tin Art of 18S1, while a new app’dcat'on for an old house was for a house which had boon licensed before 1881- The Act showed that the local option vote bad no application to the latter olass of licenses, and the only difference between his client and the applicants for re-

newal was that the former had to appear in

person and seek his license while the latter did not require to appear unless sent for by the Bench. Counsel sai l that the only thing that might prejudice his client’s position on this point was. if his liconso had been removed, taken away or abolished, but ho did not think anyone could say either of those things bad takou place. Counsel continued ho argue in support of the application till 1.20 p.m. when an adjournment for an hour for lunch was granted. On resuming Mr Hess llohertson took his scat along with the other commissioners. For the benefit of the newly-arrived com-

mittemen Mr Neave recapitul.it d some of tbe

arguments adduced by him before lunch. Ho complained of the inattention given to his arguments by some ef tho members of the Committee, and of tho Chairman, having neglected to take notes of evidence called by him in support of the application. They had simply stared determinedly at him without rendering him any assistance whatever in discussing the application or pointing out where they differed from his interpretation of the Act.

Tho Chairman said tho Bench were quito unanimous that they had no jurisdiction regarding tho application. Mr Noave thought tbo Bench seemed determined not to listen to either evidence, law or argument in the case. Ho would have been much better pleased if tho Committee had engaged counsel to argue tho question with him. They were not it Bench skilled in a knowledge of the law, it was almost their duty, in the absence of that knowledge, to accept bis interpretation of the clauses quoted by him, or at any rate to follow him in pointing out the portions of tho Act hearing on the application, which they had not done. If they chose to make laws for themselves they must take tho consequences. They might think tnat because there wore six licensed houses already in tho district there should be no increase, but they had to adoption what was an increase, legally, mu numerically, under section 15, which should bo read with section 49. It was proper that tho Committee should show counsel whom thev thought ho was wrong in hi* interpretation of the Act, hut, not one of them had attempted to give any reason fur not accepting his reading of tho Act. Why saddle his client with tho expense of taking the application to a higher court, when it should bo granted by thorn in that court ? Tho Committee wore not elected by ratepayers simply to represent public house interests.

Mr Pattison said he objociod to Mr Xeavo’s remarks. Counsel was not there to dictate to tho Committee what they should do or what they should not do.

Mr Neavo replied that ho was not speaking individually or personally, but in a general pen so. His client’s hotel was as good a building as any in Riverton, and if they started reducing the number of houses, why commence with his in preference to some of the wooden houses. Besides, it was the only Irish Catholic house in the town. There were a considerable number of Irish residents in tbo town and district, and possibly they might he clannish, bill, ho asked, why should they bo deprived of having a house of their own whore a bill of faro could bo prepared by one who understood thrir requirements, [Mr Hayes : You are quite right there.] This itself was a matter that deserved every consideration !>y the Committee. | Mr Hudson ; Don’t bring religion into the mailer —Mr llayos ; Mr Neavo is righl. It was built for a Catholic house, and it usii bo a Catholic house.] If I ho Bench would only show him where their (rouble was iu granting the application hu would be sal dbtied. Mr i’uttison : it only scorns (o be your trouble. Mr Neavo: It is both my trouble and my o'iimt’s, I a:n sorry to say,’but 1 const 'or it is your duly to tell me if you Lave any difficulty in tho matter. Tim Chairman : I do not consider (hero is any difficulty. I have told you so before. Mr Noavj Then how do yon get over section 15, The Chairman : The Committee is not here to do anything illegal, and they do not intend to do it. Mr Anderson, on behalf of tho other applicants, hoped tho Bench would endeavour to shorten tho proceedings in Roaring this i application, which had now extended to an I unusual length, through the unnecessary !

timo taken by ooimsol in nffilrossing the Court.

Mi' Ncono denied thn rirrlit of a solicitor who was not engaged in the ciso to interfore with him in conducting it.

Mr Anderson ; You have no right in this Court nt nil. You arc only here on sufferance.

Mr Nenvo continued to condemn the Bench for not turning over and reading for themselves the clauses in the Act that he referred to, when Mr forsyth said the Bench were not going to sit there to be dictated to, as Co what thev should or should not do.

Mr Neuve said it was the duty of the Bench to lake notes of the evidence, and to listen to the arguments of counsel, ff they had any difficulty in comprehending the clauses of the Act ho had cited, ha would be only too happy to assist them in tho matter.

Tho Chairman; I have already told you that wo have no difficulty whosever, Mr Noavo: You cannot get away from the fact that this is not a now publican’s license, and that the local option vote does not affect it any wav. Why not he open to reason and save my client the expense of taking the case to a higher court; but as I sec that yon arc not open to reason, I now give notice that tho case will be removed to the Supreme Court

The Chairman said that tho Committee unanimously decided to refuse the application. In tho face of the local option poll that had recently been taken, which was against an increase in Iho number of licenses, they had no jurisdiction to grant tho application. So Liras regarded the applicant himself or his house they had no objection whatever. Mr Hayes was a respectable man, and his house was in every way suitable for a public house, but they were there to administer the law to tho host of their ability, and as the ratepayers were opposed to an increase of licenses they could not do otherwise than refuse the application. As far as regarded tho remarks of counsel as to his refusing to take notes of evidence ho was quite prepared to take tho responsibility on his own shoulders. As far as the rest wore concerned, they wore unanimous regarding tho decision given. While sympathising with Mr Hayes far tho loss that ho would sustain, they thought ho was entirely to blame himself for the position he was in, as being tbo bolder of a license for a number of years ha should have known better than nm the risk of losing his license, and should have been careful to soo that the necessary fees were paid. I’ossihly if the application had been made in proper time to tho old committee it would havo been granted. Mr Hayes said ho was very glad that the Committee had given a reason for refusing to grant his license, tie thought Mr Ncave’s lime had bean thrown away in talking law to tho Committee. He might as well have tidked to a lot of posts. Ho knew that the Chairman had .stale) some days previously that he would not grant tho application. ItKXEWAI.S, The police report boing favourable, and no objections having been lodged against any of the bouses, tbo following applications for renewals of publicans’ licenses (10 o’clock) were granted;—ld. McHeod, Great Western Hotel; S. Burgess, Oatriers’ Anns Hotel; I’. Hudson, Wallace County Hotel; Mrs Lambert, Commercial HoLd; W. Gunn, Railway Hotel; John Pattisou, Globe Hotel. Regarding Mr Hudson’s application, tho Committee intimated that they were of opinion tho applicant should ondeavoi to get married before next annual meeting. Mr Hudson signified assent to tho suggestion. Mr Anderson, on behalf of above applicants, asked that permission he given to extinguish lights in front of hotels at 10 p.m.—Granted. The Bench said that they had no objections against tho manner in which any of tho houses were conducted, and they signified their approval of tho way in which the police had carried out theii duHes. WvnT/U MCENSE. The application of John Petchell for a bottle license was granted.

: SOUTH RIVERTON. • Tbo ratepayers of South Riverton having , negluotocl to nominate a committee, the appointment of same devolved upon the Governor. Tbo Clerk of the Bench received a telegram on the 3rd June, intimating that lii-j Excellency bad been pleased to appoint the same gentlemen elected for North Riverton. and appointed Ulh Juno as the day for the lirst annual mooting and election of Chairman. Therefore at 3 p.m. yesterday, Messrs Wills, Forsyth, J. Patiison and B. Robertson were present. Mr Mills was elected Chairman. The only business before the Bench was the application of Fred J. Locko for renewal of publican’s license for the Aparitua Hotel. There being no objections to the applicant or the bouse, the license was granted. APART AIA. The annual meeting of above Committee was held yesterday at Thornbury when nil the members wore present, viz., Messrs Hamilton (Chairman), R. Baird, LI. Instonc, Robbie and J. Wohlers. publican's licb.vse. R. Foster was granted a renewal of publican’s license for Junction Hotel, Thornbury. RE I’ Jl K SIIH EN T MCE N SE. The same applicant was granted a renewal of license for refreshment rooms at Thornbu ry. A 000 M.MOPATIOK UC BNS K . Christina Callaghan was granted a renewal of accommodation license for Shamrock Hotel, Fairfax. The Bench intimated to applicant that if she wished to keep the hotel open as a licensed house, she would require to take out a publican’s license at the nest annual mooting. The Chairman complimented the applicants on the orderly manner in which their houses had been conducted during the past year, and also referred in Battering terms to the way in which the police had carried out their duties.