BOOKMAKER’S LICENSING FEE.

New Zealand Illustrated Sporting & Dramatic Review, Volume XIV, Issue 844, 10 May 1906, Page 8

BOOKMAKER’S LICENSING FEE.

A case of much interest was recently fought out in the Melbourne law courts, and Mr. Justice a’Beckett gave his reserved decision in the action brought by John Golman, bookmaker, to restrain the Victoria Racing Club committee from enforcing a ■by-law under which bookmakers were charged £75 fee for betting in the saddling paddock. His Honor said the first point was whether the committee had power to prohibit a bookmaker from carrying on business on this ground, or whether, as contended by the plaintiff, any bookmaker who had lawfully gained access had the right to call the odds, collect a crowd, and transact business. He held that the club could, if it chose, altogether forbid the carrying on of this business. Racing could go on without it, and it might be a nuisance. The club had just the same right as it would have to prohibit the hawking of commodities on its enclosures. It had been contended for the plaintiff that, although it might be within the power of the committee to forbid the carrying on of business in such a way as to become a nuisance, it was not within its power to forbid it altogether. This view was opposed to authorities. The objection which seemed to him to have most weight was that the committee was left quite at large as to the amount of fee which it might charge. He thought the committee was best fitted to exercise discretion. Neither the Gover-nor-in-Council nor the Court had any means of determining what charge would be reasonable and what excessive. As a means of raising revenue, the excessive charge would defeat its object. Admittedly it was far in excess of what would be required to cover the cost of inquiry and registration, and was an addition to the revenue of the club. It was not illegal on that ground. The payment for the privilege of being allowed to carry on a profitable business on the course could not be called unreasonable. He thought that reserving power to the committee to fix the amount to charge a bookmaker did not invalidate the by-law.

His Honor over-ruled the other objections, and gave judgment for the defendants with costs.