LICENSING COMMITTEE.

Globe, Volume XXIV, Issue 2475, 14 March 1882, Page 3

LICENSING COMMITTEE.

CHRISTOHUROH EAST. The first meeting of the Licensing Committee for Christchnrch East was held to-day at noon in the Orange Hall, Worcester street. Present —Messrs R. J. 8. Harman, C. A. Pilchard, P. Cunningham, J. E. Parker, and E. Weatenra. Mr W. G. Walker, cUrk to the committee, announced that Mr Harman had been elected chairman, TRANSFER. Mr J. F. McKendrick applied for confirmation of a transfer of license from himself to Mr W. J. Warner in respect to the Commercial Hotel. Mr Warner explained that practically this was an application for a temporary transfer, and be would have to apply at the annual meeting for a license. It was derided to adjourn the case for a fortnight in order that the provision of the Act might be complied with, which required that notice of the application should be advertised. MIDNIGBT LICENSES. Applications from the following hotelkeepers for an extension of their licenses until twelve o'clock were withdrawn :—Benjamin Searle, Edward Hiorns,Eobert Wallace, Vencingo Berti, and W. J. Warner. Mr Biorns desired, in the interests of the public, to point out that great inconvenience would result from the decision of the committee not to grant an extension of hours until twelve o'clock. During the last ten years no fewer than from 8000 to 10,000 persons had been accommodated with beds in his house, and during the last three weeks 210 persons had stayed there. There would be a great influx of visitors to Christchnrch during the approaching Exhibition, in view of which he was making extensive additions to his house, and it would be very inconvenient to the public if the hotels were not allowed to remain open until mi: night. The Chairman said the committee wished t» avoid raising the question of the exact position of the present licenses. They felt that if they granted a twelve o'clock license they would open the whole question ef whether or not a house was compelled to close at ten o'clock, and they thought it best, as far as they were concerned, to recognise the present houses as being open until eleven o'clock, rather than perhaps to run into a greater evil by granting what would be undoubtedly a convenience in tome cases.

Mr Hirons remarked that an average of twelve persons came into his house between eleven and twelve o'clock every night. The Chairman said, no doubt, the application was a very proper one to make, but the committee were placed in that position that they must adhere to the decision they had already announced. WHOLESALE LICENSES. Mr Stringer applied on behalf of Messrs Robert Wilkin and Co. for a wholesale license. He underst >od the committee to rule that a wholesale license issued by the Costoms Department was valid, provided it did not interfere with other provisions of the Act. The Chairman said the committee did not wish to express any opinion on that po ; nt, but only to consider so much of the case as directly came before it. If they found there was nothing which contravened the provisions of_the Aot they would grant the license andleave"the other point raised to be decided when it came up. Mr Oliver, who was present on behalf of Messrs Wilkin and Co , in answer to the chairman, Btated that a member of the Arm held an auctioneer's license. Mr Stringer said that that fact did not effect the case, and that sub-section 3 of clause 28 did not apply to cason similar to that of Messrs Wilkin, where one of the firm was an auctioneer. The subsection said—"No license shall be granted, renewed, or transferred to any person carrying on business as an auctioneer, or being in partnership with anv one carrying on such business, or to any constable or bailiff, nor shall any license ha granted, renewed, or transferred in respect oE any house or premises of which any Buch person is owner, or wherein he i 3 directly or indirectly interested." That was evidently intended to apply to a publican's license, because a wholesale license was issued to an individual or firm, and not in respect of any " house or premises." If the Legislature had intended that no wholesale license Bhon'd be granted to such a firm as Messrs Wilkin, if any one of its members held an auctioneer's license, thfy would have said so explicitly. The fact was the clause was meant to apply to hotelkeepers, und was introduced in committee to meet a flag'ant case which occurred on the Peninsula. The learned gentleman quoted from Maxwell on Statutes in support of his view as to the construction of the clause, and submitted that there could be no doubt it was never intended to prevent a firm of merchants from holding a wholesale license, because one of their members happened to be an auctioneer.

The Chairman said the committee.had no evidence before it as to what was deeired to be remedied by the clause. No doubt the suggestion of Mr Stringer was a very feasible one, Dut how were they to get over the simple construction of the words, "No license (including a wholesale license) shall be granted, renewed, or transferred to any person carrying on business as an auctioneer, or being in partnership with any one carrying on such business." Nothing conld be plainer. Mr Stringer submitted that the latter portion of the seotion, in which the words " house or premises " were used, qualified the meaning of tho former part, and should be read in conjunction with them.

The Chairman thought the latter part piovided for a different case.

Mr Stringer said ha was reminded that the part of the clause referring to " any constable or bailiff" was taken from the Provincial Ordinance, and showed that the intention was to inclnde only t' at class of persons and retail publicans. The Chairman remarked that the marginal note, which he was aware conld not be read aB part of the Act, Baid, " Anctioneers, constables and bailiffs not to hold licenses." Thi3 would to some extent show the intention of the Legislature. The question was_ one of considerable importance, and the committee, disapproving of what they considered was the effect of the clause, would suggest that if Mr Stringer's clients were willing to pay the expenses, the committee would communicate with the Attorney-General, with a view to getting his opinion on the point. Mr Stringer agreed to this, and the case was adjourned for a fortnight. It was stated that the question was already under consideration in Wellington, having been referred there by the chairman of the Chamber of Commerce. ■WHOLESALE LICENSES GBANTED. Licenses wera granted to the following per-sons:-J. J Fletcher, W. X. Grinsted, E. C. Mouldey, A. McRaeJW. Hockley, Dalgety and Co., W. Chryßtall, and F. A. Bishop. SALEYAKDB. An application was made by Mr C Aymes for a conditional license in reepect to the Canterbury saleyards. It was docided that the amplication should come from the chairman of the Avon Road Board, in whose district the saleyards were situated, WANT OP ACCOMMODATION. The Chairman repeated the warning alresdy given in respect to houses not having a sufficiency of bedroom accommodation. Two of the worst cases were known to be in this district, and, no doubt, the persons concerned would know that they were alluded to. As had been before intimated, the whole matter would be carefully looked into at the annual meeting, and the committee would then feel at liberty to doal with houses which only encouraged a bar trade. There was also another matter of great importance to the publio—the character of the closets

in the houaea. The committee were determined to support the Board of Health in their action in this direction, and the provisions of the Act would be stringently enforced and the interests of the public protected. The committee then adjourned for a fortnight at the same hour and plane.