NEW ZEALANDER HOTEL

Dominion, Volume 10, Issue 3169, 21 August 1917, Page 6

NEW ZEALANDER HOTEL

APPLICATION FOE TRANSFER OF LICENSE DISMISSED. A sitting of the Licensing Bench -was held yesterday morning to deliver its decision in connection with the New Zealaudcr Hotel, Manners Street, on an cpplication made by the owners for tho transfer of the license of the hotel from Frank Herbert Phillips to Bridget CeciHaSullivan, one of the owners of the freehold, upon the grounds that the lease had been determined because of nonpayment of rent, and also for various breaches of the covenants of the lease in connection with tho conduct of the hotel. ■ Tho breaches were denied, and counsel for Phillips contended tliat the Licensing Bench liad-'no authority to determine whether the lease had come to and end, and that their jurisdiction was confined to tbo transfer of the license after the lens* was determined. On the Licensing Bench were Mr. W. G. Uiddell. S.M. (chairman), and Messrs. J Smith. W. G. Helycr, G. .T. Pethericlc, and G. Tiller. Mr.vA. \V. 'Jiair apperred for the owners of. the freehold, and Mr. T. Young for Phillips. Mr. Riddell, in giving the decision of Ihe Licensing Committee, said iliat tlio application for the transfer was made on the ground that the notice to quit given on July 2 had determined the lease, which had about four years to run. Section 125 of the Licensing Act, IMS, roads as follows:—"The chairman nnd any two members of the Licensing CommiUeo may, by order., authorise any person they think entitled to tho benefit of any license (other than a packet license, a wholesale license, or a conditional license) to carry on ;he business in' tho licensed premises for the remainder of tho term for which tho license was granted in tho same manner as if suc'h license had been formally transferred to such person, in any of Uie following cases, that is to say:—(a) Whenever tho licensee deserts the licensed premises, or refused or neglects to transfer the license when justly required so to do; or (b) if, dnrinb tho currency of the license, the licensee ceases to occupy tho premises in respect whereof the license is held, or his tenancy of such premises is determined by effhixion of time, r.r by notice to quit, or by any other means whatsoever other than tae bankruptcy of the licensee, and bo refuses or neglects to transfer the license, as aforesaid." Continuing, Mr. Riddell said tho main point to be considered was that challenging tho jurisdiction of the Bench. Tt w.v-i quite clear to tho committee that it had power to proceed in cases where tho premises had been deserted, or the lease determined by efflnxion of time. They were maltcra in which formal evidence- only was necessary. The question involved in. the presont application was more complicated. "Jt seems to me," observed Mr. Riddell, "that thcro is some considerable doubt as to tho powers of the committee; they havo f-nrrih'c powers to deal with licences, hut ihp.'n powers do not go so far as to the cancellation of a lease." J

Mr. Blair: Wo do not ask the rommillee to cancel the lease. We claim lo have already done that. Jfr. Tounr;: The Bench is asked to say ihnt the lease has been properly cancelled. 7\Fr. JRiddell: It is practically tho same. The committee must be satisfied that, tho lease is 'it a,n end before, it can exercise its powers under Section 125 of the Licensing Act. The application will ho dismissed without prejudice.