THE DOMAIN LICENSE QUESTION.

Ashburton Guardian, Volume VII, Issue 2306, 19 December 1889, Page 2

THE DOMAIN LICENSE QUESTION.

[ There is' trouble ahead iv the matter of i the Domain licensing question caused by a series of small blunders which seem likely to lead to a good deal of ill feeling and misunderstanding. The position is this — Some time ago the Borough Council was, very properly we think, constituted the Domain Board, 1 and to its management and control was handed over the very valuable public recreation ground (some 150 acres orj thereabouts), lying between the railway line, or rather West street, and the' Hospital. The new trustees, to tha great j Satisfaction of everybody, forthwith set about improving the ground and render- ' ing it available for the public enjoyment, j by constructing swimming baths, laying off a racing track, providing a j water-supply for irrigating the cricket ground, etc., the various Athletic Clubs joining the Council m the work by helping to provide funds, and undertaking to use the Domain for future sports j gatherings. One of the Societies which j thus deoided to hold its annual events ! on the Domain was the Caledonian! Society, which has hitherto held them on grounds of its own, and has sold the ••privileges" usual at such affairs, including that of purveying liquors (dther than those used by teetotallers), 40 a means of helping to raise the revenue required to provide for priaes and other expenses. Then, seeing tbat the Domain was m future to be the scene- of all local out-door affairs, the question was raised as to whether it was not desirable at the outset to decide that the sale of intoxicating liquor should be altogether forbidden thereon, and a very numerously signed memorial was sent m to the Council praying that they would make the exclusion of such traffic one of the rules oi the Domain. This the Council, by a majority, declined to do, determining to keep the power m its own hands. Subsequently the Caledonian Society applied to the Council for permission to sell a publican's booth, among other privileges, and this was accorded by the Council (three Councillors dissenting) on the ground that as no intimation had been given to the Society, when they agreed to pay a subsidy for the use of the Domain, that they would not be allowed to sell a liquor booth, it would be a breach of faith to refuge the permission applied for. The Mayor was one of the majority who took this view, but stated that next year he would oppose any liquor being sold on the ground. We also happen to know that he was anxious to prevent it this year if possible, and offered to contribute to the funds of the Caledonian Society, on their foregoing the right to sell a publican's booth, the full amount which they expect to derive from the sale of the privilege. The action next taken was on the part of the Licensing Committee, a special meeting ot which was convened, at which four members were present (Mr Restell, the chairman, being the absent member), and at that meeting it was resolved, Mr Thomas being the only dissentient, that the Committee should grant no licenses for the Domain during its year of office. Mr Thomas who fills the dual capacity of Mayor of the Borough and a member of the Licensing Committee did-notrconsi(ler--ilm_-l--tjoiina" by that resolution, nor did Mr Eestell, and these two gentlemen on being applied to m that behalf signed the certificate for a license for the Caledonian bociety for the day of the sports, and upon that certificate of course a license waa duly issued. That we believe is an exact history of the case up to tho present. Tfitage members of the Committee who object to a license being granted are indignant at the other two members declining to be bound by their resolution, and the two members who have signed the certificate contend that they were m no way bound to respect the resolution, tho Mayor at anyrate holding that on the contrary he was bound under thej circumstances to grant the certificate as a matter of good faith to the Caledonian Society. The teetotallers for the most part, we believe, side with the majority of the Committee, and the reßt of the community for the most part with the minority. It is one of those cases m which there is sure to be a good deal of feeling displayed, and it is a pity that the trouble had not been avoided, As is generally the case when such misunderstandings arise there has been more than one blunder. The initial mistake was m the Council not foreseeing that the question must arise and deciding it befora entering into agreements with any of the Societies. Next we think that to hold a meeting m anticipation of any application for a license was an ill-advised course on the part of the Committee, and that to have entirely prevented some of the blamo now throwfi upon him, the Mayor would have done better had he staled at the meeting of the Licensing Committee that he would not hold himself bound by its resolution. Again, seeing that a sort of engagement had been already entered into between the Borough Council and the Caledonian Society, wo think the Licensing Committee would havo done well to recognise this and make an exception m this case, at the samo time giving notice that it would grant no ! future licenses. That would under all tho circumstances have been the best course. As to the question which has beon raised as to whether tho two members of tho Committee had the power to grant the certificate there is do doubt whatever ; they were quite within the powers conferred by the Act, no resolution of the majority having force as against ■^tutory provision. It is a pity that the trouble has occurred— * a B it might all have been avoided by a little foresight, but now tbat it has occurred we hope that both sides will give each other credit for having acted from good motives, however great may be the difference of opinion aB to what should or should not have been done.