OHINEMURI LICENSES.

Hauraki Plains Gazette, Volume XXXVII, Issue 4993, 28 June 1926, Page 2

OHINEMURI LICENSES.

WRITS OF RESTRAINT GRANTED. THE BENCH OBJECTED TO. At the first meeting of the Ohinemumri Licensing Committee, held on June 2, there were 15 applications for publicans’ licenses made by various individuals, including a widow', Ma : ry Blakie Montgomery, who applied for a license for an hotel at Waitoa. Au application tor a license for Karangahake was withdrawn and a,ll the other applications were adjourned till June 18. Chief interest centred round the. question of the preferences under the Licensing Amendment Act, 1910, in favour of owners df hotels which were licensed at the time no-license was carried in the district. The Licensing Committee ruled that a- numbet of the applicants were entitled to preference, and amongst these was included Mrs Montgomery, who had since acquired a site at Waitoa, ' though she retained ownership of the old premises at fKarangahake. The written decision of the committee stated that a majority held that the legal construction of the '.sub-sec-tion brought this applicant within the preferential applications. A majority, however, decided to refuse the application, notwithstanding they indicated their intention to grant licenses to' two persons who did not hold preference rights. The committee gave no reasons 'for refusing Mrs Montgomery her license, and her counsel (Mr H. -O. Cooney) entered an emphatic protest against the action of the committee and demanded to be supplied with reasons- He also asked for an adjournment, to which he claimed he was entitled, and he lodged an objection to three members of the committee adjudicating either on this or any other applications. The matter lias now taken a new turn, an application having been made by Messrs J. C. Dromgool and H. O. Cooney, who appeared as counsel before the committee, tor writs of prohibition and certiorari against the licensing committee on behalf of two Ohinemu'ri residents. It is alleged in the application that two members of the Licensing Bench were working on hotels belonging to other applicants for licenses, or their nominees, and by reason of that 'fact were interested in tho proceedings and thereby disqualified from sitting on the Bench. It is further alleged that a member of the Licensing Bench had definitely pledged himself, prior to the sitting of the committee, to vote against the Waitoa application, and that lie ha.d taken an active part in opposing the application prior to its coming before the committee. Stress is laid upon the fact that, although the Waitoa license was refused, the applications of at least two other persons whose claims were non-pte-ferential had been granted. Before the Committee, Mr Cooney

sajd: “I specifically ask for a statement complying with section 92 as to the real nature ot the objections taken by the committee. I ask the committee to note that I have applied under section 92 for an adjournment and for a definite, statement in writing of the grounds of the committee for the refusal. I reiterate tha,t I want it noted by the committee that I have not waived my rights to object to the personnel df the committee. ; that I object to two members of the committee—Messrs Marshall and Towers—on the subject matter of applications to this committee, the question of preference connecting all applicants to this committee. I also, object to Mr Walters, on the grounds that he took an active pa,rt in the preparation of a petition to this committee, and that he gave a definite election pledge against the granting of a license to Waitoa.”

In the Supreme. Court, Auckland, on Saturday morning, on the motion of Mr Dromgool, application was made to Mr Justice Stringer for a writ of prohibition and certiorari. Mr Cooney appeared as counsel. An order was ma.de prohibiting the Ohinemuri Licensing Committee, until further action by the Court, from granting licenses to the Paeroa Hotel, Patron ; the Kerepeehi Hotel, Kerepeehi; and the Golden Cross Hotel, Waihi. An order was also made for a rule nisi to bring up and quash the refusal df the. committee to grant a license to Mrs Montgomery for the Wajitoa Hotel. Leave was granted to serve the above writs upon the committee by telegram.

MEETING OF COMMITTEE.

THIS MORNING’S SITTING.

ADJOURNED UNTIL THURSDAY.

The adjourned meeting of the Ohinemuri Licensing Committee was continued at the Paeroa Courthouse this morning, Mr J. H. Salmon, S.M., presiding.

The chairman intimated that since the last adjournment a different aspect had been assumed, and certain proceedings had been taken to a higher court with regard to the applications for Kerepeehi, Paeroa, and Golden Cross hotels, and the committee had been prohibited by writ, from talking action. The applications would therefore be set aside for the time being. The chairman said that under the terms df the writ it would appear that the committee was unfitted to proceed with the remaining applica.tions.

Mr H. O. Cooney said that with respect to the other applications he ha,d made no allegations against the committee.

The chairman then remarked that it was agreed that the committee was free to proceed.

In vie.w of the steps taken by Mr Cooney Mr E. J. Clendon moved for an adjournment of one week with respect. to the three hotels named. He said it was understood that the three, applications would be taken at the Supreme Court, Auckland, on Friday next. If an adjournment could be granted until after that date the committee would have the Advantage of the evidence that would be adduced. In answer to the Bench Mr Cooney

said that he would concur to an adjournment so far as he was able, but he thought that the writ for prohibition of licenses to the hotels named also prohibited an adjournment. However, he was quite, willing to agree with Mr Clendon on the point.

An adjournment wa,s accordingly granted.

OTHER APPLICATIONS.

After the evidence of the Public Health and Police Departments’ officials had been tendered it was agreed that the remaining premises for which publicans’ licenses were sought were not absolutely completed, and therefore no licenses would be issued a.t that sitting.

Tlie meeting was adjourned until Thursday next, July 1, when such premises as were completed will receive licenses. On Thursday a further adjournment will be made until Monday, July 5. in order to give the remaining applicants an opportunity to complete their houses.