ASHBURTON LICENSE

Hokitika Guardian, 14 March 1930, Page 5

ASHBURTON LICENSE

BEFORE COURT OF APPEAL.

TO GO'TO PRIVY COUNCIL

(By Telegraph—Per Press Association.)

AY ELLINGTON, March I I

A lurther stage of the well-known licensing case ol Scales v. Young and otiiers. came before the Court oi Appeal to-day. when Joseph Seales, ol Ashburton (hotel-keeper;, muted for leave to appeal to tiie Privy Council from the decision of the Court of Appeal delivered last session, whereby it refused to grant him a writ of cerfiora.ii and mandamus against Mid-Can-terbury Licensing Committee, which had held that it bail no jurisdiction to hear his application for a publican’s license in respect of .Somerset Hotel, -ishburton.

W J. Sim for applicant .submitted that leave to appeal should be granted on the grounds (!) that the proceedings involved the civil rights of £SU!) or upwards and (2) that tiie general question at issue is one which ny reason ol its great general or public importance ought to be submitted to the Privy Council. 1 Tim Chief Justice remarked that the Court was of the opinion that priina facie, it appeared that leave should be given, and accordingly called on Mr Spratt, counsel for the Licensing Committee, to show why leave should not be granted. Air Spratt submitted that there was nothing before 'the Court to show that the value of the interests involved was such as to give applicants the right of appeal on the first ground, and further that the case was not a proper one for the exercise of the discretion of the Court under the second ground relied on by applicant. Therefore, leave should he refused. Mr Spratt further submitted that if the Court decided that leave should he granted to applicant, it should be granted only on special terms a,s to costs in favour of the Licensing Committee. Cl.niditiona* leave to appeal was granted, with security at £SOO over three months.