ASHBURTON LICENSES

Hokitika Guardian, 8 October 1929, Page 3

ASHBURTON LICENSES

RESTORATION SUIT'S. CASE BEFORE APPEAL COURT. (By Telegraph—Per Dress Association.) WELLINGTON. October 9.

The Appeal Court this afternoon began the hearing ojf an application by Joseph Scales, hotelkeeper, of Ashburton, for a Writ of Certiorari against. IT, A. Young, S.M., and other members of the Mid-Canterbury Licensing Committee, removing the plaintiff’s application for a license for the Somerset Hotel, Ashburton, from the Committee, and quashing its order refusing to hear the same; also, alternatively, for a writ otf mandamus commanding the Committee to hear such application.

The case arises out o'f the abolition of Ashburton Electoral District, which disappeared last year, and was attached to two adjacent electorates. Ashburton town became part of the MidCanterbury electorate. This is a licensing area. The Licensing Committee functioned for the first time fn June of this year. Applications from '.the holders of licenses in the old Ellesmere district were granted. The present owners of four buildings in Ashburton, who lost their licenses when it wenl dry in 1903, have applied.

Their counsel contended that the Committee had the power to grant them, provided that application was made at the first annual meeting of the Licensing Committee, but the tetter held thatfc it had no jurisdiction. Four actions were accordingly brought, and the present one will be treated as a test case.

Messrs Wright, Sim and F. S. Wilding appeared for the plaintiffs, and Messrs Spratt and Charles for the defendaifts.

Mr Wright, opening the case for the plaintiffs, said that the questions that the Court had to decide were: —

(1) Was the Mid-Canterbury District a district in which licenses might be granted F

(9) If so, could they he given to premises in that part which was formerly under no license?