A LICENSING CASE

Hokitika Guardian, 12 October 1920, Page 3

A LICENSING CASE

COMMITTEE’S ORDER QUASHED. AUCKLAND, Oct. 6. The Bay of Islands Licensing Committee’s recent order refusing the renewal of a license to the Duke of Marlborough Hotel at Russell was quashed by Mr Justice Salmond at the Supreme Court to-day, on the ground that certain members of the -committee had placed themselves in. such a position that they could reasonably be thought to be affected by bias. His Honour in giving judgment said that plaintiffs, the licensee and owners of the hotel, alleged that the real reason for defendants’ refusal to renew tli© license was that the premises were out of date and that a new hotel was out ;of date and ja new hotel was required. He was of opinion, however, that that allegation had not been proved', 'and that -the question .of disrepair of the premises was the true reason for the committee’s decision. In regard to tlie question of Lias, his Honor said that certain members of the committee had expressed the opinion that the time had come when a new hotel at Russell was required. The decision of the committee might have been perfectly just and honest, and yet lie invalidated iby circumstances sufficient to show an antecedent likelihood of partiality. The members concerned seemed to have gone far beyond the mere expression of -an opinion, because they publicly declared that- they would not renew the license unless the premises were rebuilt They thus pledged themselves, not to refuse the license but to refuse it for an irrelevant reason. By so doing they wrongly placed themselves in such a position that they could -be reasonably thought to he affected by -bins. He was satisfied, on the other hand, that they had really determined the matter without bias hut in view of the facts the order must be quashed. Tli e application for renewal of the license would therefore, stand as if it had not yet been heard, and a date for hearing would 1 -•? fixed.