COURT OF APPEAL

Dominion, Volume 8, Issue 2425, 1 April 1915, Page 3

COURT OF APPEAL

WESTLAND LICENSING CASE. When the Court of Appeal sittings were resumed yesterday morning, the bench was occupied by their Honours the Chief Justice (Sir Kobert Stout), Air. Justice Edwards, Mr. Justice Cooper, and Mr. Justice Chapman. The Court was occupied in the morning with the hearing of an appeal from the decision of His Honour Mr. Justice Hoskmg in the matter of tho Licensing Act, 19U8, and in tho matter of an objection h,v Charles Wagstalf to an application by Ann O'Donnell to the U'estland Licensing Committee for an accommodation license. It appeared that on May IS, 1914, Mrs. Ann O'Dounell, widow, of Blackwater, gave notice t» apply for an accommodation license lor premises situate at Waiuta, and known as the Empire Hotel. At the meeting of the Licensing Committee on Juno 10 ,1914, the application was called on, and, being objected to by Charles Wagstalf and the inspector of Polios at Greymouth, was ordered to stand over until the other business was disposed of. The other business included an application by Thomas Harris for renewal of liis existing accommodation license in respect ol premises at Humphrey's Gully. Mr. M. Hannan, counsel for Mr 6. O'Donnell, objected to this renewal on the CTound that the premises in question had been deferted for fourteen days. Mr. Hannan requested this license to be forfeited so as to clear the way for the granting of a license to Mrs. O'Donnell. The committee declined to grant the request, and Harris was granted renewal of such license. When Sirs. O'Donnell's application was again called on, tlio objections were repeated, and Mr. Hannan applied for ana obtained an adjournment ° •for tlie application to July (i, 1914. A - further stage ill tho proceedings was reached on June L' 4, 1914, in con- | sequence of the fee for tlio renewal of Harris's liconse not heing paid, thy certificate authorising the renewal hecamo void Then on July 6 tho Licensing Committee met and granted Mrs. O'Donnell's license, tlie annual foe being fixed at £il), but no other conditions or terms being imposed. Following on tiliSj Charles Wagstalf, a resident of Waiuta, moved in tho Supreme Court for an order that Mrs. O'Donnell's application should be removed into the Supreme Court for hearing, and that the license issued on Mrs. O'Donnell's application should be quashed and that Wagstalf should bo awarded costs. The main grouuds for Wagstaff's motion were that the premises, for which tlie license was granted, had not reasonable accommodation, that the license was not wanted in the neighbourhood, and that tlio Licensing Committee liad no jurisdiction to grant tho application because there was no vacancy in -tho number of licenses at the date of tlio hearing of tho application. After reading the affidavits in support of Wagstaff's s case, and (heading ■ the argument of counsel on either side, His Honour Sir. Justice Hosking dismissed the motion, with costs ten guineas, and disbursements, to be paid by Charles Wagstalf to Mrs. O'Donnoll. Against I this Wagstalf appealed on the ground j that it was erroneous in point of law. \ Mr. C. P. Skerrett, K.C., with liim i Mr. G. H. Fell, appeared for tho ap- j pellant (Wagstalf), while Mr. M. Han- j nan, of Greymouth, with him Mr. F. D. j Sargent, of Greymouth, appeared for 1 the respondent (Mrs. O'Donnell). ! Decision was reserved. . ]