NOT CANCELLED

Hauraki Plains Gazette, Volume 52, Issue 3267, 24 May 1943, Page 5

NOT CANCELLED

PAEROA HOTEL LICENSE APPLICATION DISMISSED DECISION OF THE MAGISTRATE A case of considerable interest to hotel licensees and owners and the first to be dealt with under the recent licensing regulations was the subject of a reserved decision given by Mr S. L. Paterson, S.M., & Hamilton on FridayThe case was one in which the police made application under the Licensing Emergency Regulations, 1942 (No. 2), for the cancellation of the publican’s license held by Mary Waugh (Mr Clendon) in respect of the-. Criterion Hotel, Paeroa, on the grounds that the licensee supplied liquor after hours, and that she allowed unauthorised persons to frequent the premises when they were required to be closed. Licensee and Owners Mr Paterson said that convictions for a series of breaches of the Licensing Act had been entered against the licensee. The evidence showed that Mrs Waugh had held the license for nearly two years. She was convicted of after-hour trading in December, 1941. In 1942 the conduct of the hotel was good as far as the police could see. The licensee leased the premises from Dominion Breweries,. Limited, about May, 1941. A balance-sheet for 10 months showed that the licensee made a substantial loss of more than she paid for goodwill. Her investment was about £2900. Upon receiving notice of the application to cancel the license, the licensee went to the owners, who agreed to take over the license from her on terms which would result in a substantial loss to her. The nominal owners were Dominion Breweries Limited, but it appeared that they were lessees themselves from the Errington Estate. A temporary transfer of the license was granted on April 19 last, the day before the hearing, to a manager appointed by Dominion Breweries, Limited. Testimonials as to the licensee’s conduct of the' hotel were submitted. Question of Public Interest Dealing with the question of public interest and policy, Mr Paterson expresesd the opinion that he would not be justified in cancelling the license unless it was established beyond reasonable doubt that to permit the licensee to hold the license would be prejudicial to the public safety, the defence of New Zealand, the maintenance of public order, the efficient prosecution of the war, and the maintenance of supplies and services essentia? to the life of the community. There appeared to him nothing abnormal in the breaches of the Licensing Act and regulations whicn warranted the exercise of the extraordinary powers contained in the regulations. The magistrate said it was clear that the rental reserved by the lease of £2O a week was exorbitant, and this was a direct inducement to the lessee to try and make up her losses by illegal means, and the lessors, Dominion Breweries, Limited, could hardly have failed to know from the rates of permissible profit on . the turnover that the rent was exorbitant.

The application for the cancellation of the license was dismissed on the grounds that there was no connection proved between the grounds alleged and any state of emergency araising out of the world war, that as the grounds proved constituted offences for which adequate provisions were contained in the Statute dealing with them, by fine, endorsement of license and . cancellation of license, there was no reason why public interest should be invoked.