MORRINSVILLE LICENSE.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5159, 1 August 1927, Page 3

MORRINSVILLE LICENSE.

ATTEMPT TO QUASH DECISION. APPEAL TO SUPREME COURT. Opponents of the granting of a license by the Ohinemuri Licensing Committee, on a majority vote, to the premises recently erected in the vicinity of Morrinsville township, are to make an effort to quash the certificate, the immediate plaintiff being William Johnstone,, of Morrinsville, farmer, who is appealing to the Su- | prwne Court to reverse the decision and naming Mr F. W. Platts, S.M., chairman, the members of the committee, and the licensee, Thomas Anderson, as the defendants. The grounds on which it is asked that the license be quashed are that the committee had no jurisdiction to grant the said license, inasmuch as (a) it was not a license granted as provided in the Licensing Amendment Act, 1910, in respect of restoration of licenses, and (b) it was not a license granted as provided by section 144 of the Licensing Act, 1908, in respect of increase of licenses and (c) no publican’s license in the Ohinemuri Licensing District had been forfeited, or had not been' renewed, or had otherwise ceased to exist at the annual meeting of the said Ohinemuri Licensing Committee at which the said license was granted to the said Thomas Anderson, or at any such time that the said annual meeting was the first annual meeting aftei such such forfeiture, non-renewal, or cesser. SUPPORTING AFFIDAVIT. A supporting affidavit filed by Percy H. Wylde, registrar of electors of the Ohinemuri Licensing District and clerk to the Ohinemuri Licensing Committee, after detailing the circumstances leading up to the restoration of licenses and the early proceedings of the committee, says : “No application for a publican’s license for the premises situated in the Morrinsville riding of the Piako County was made at the commencement of the first annual licensing meeting, which was opened on June I, 1926.’ “An application for a license in the Morrinsville riding was made by Mary Blackley Montgomery tp an adjourned meeting of the said annual licensing meeting on August 9, 1926, but the said Licensing Committee held that it had no jurisdiction to deal with the said application as the application was defective, the provisions of section 84 (1) of the Licensing Act, 1908, not having been complied with. “By application dated April 29, 1927, Thomas Anderson, of Glen Eden, gave notice in the prescribed form that he desired to obtain and would at the licensing meeting of the Ohinemuri Licensing Committee on June 6, 1927, apply for a publican’s license for premises situated on the main Hamilton road, near Morrinsville, and known as the ‘Morrinsville Hotel. “No publican’s license within the •Ohinemuri Licensing District has been forfeited, or has not been renewed or has otherwise eeased to exist since the granting of licenses by committee at its first annual meeting. QUESTION OF AUTHORITY. “So far as I am aware no Order-in-Council granting authority t.o.the Licensing Committee to issue a publican’s license or licenses in the Morrinsville riding of the Piako County has been issued under section 144 of the Licensing Act 1908, nor have I received any notice of any having been prepared by the GovernorGeneral under section 144.” Copies of the notice of motion have been served on the members of the Licensing Committee and the licensee, Thomas Anderson. It is understood that one contention to be advanced in favour of .quashing the certificate will be that .the Licensing Committee had no power under the Act to go on granting licenses within the district after the lapse of 12 months from the date of the first meeting held for that purpose. As stated above, the first meeting was held on June 1, 1926, and the Morrinsville license was granted in June 30, 1927.