The Sydenham Licensing Cases.

Manawatu Herald, 28 May 1892, Page 2

The Sydenham Licensing Cases.

The Court of Appeal gave judgment in the oase of Jsitb and others Vi Tnylor tttKl othti'g, In thii eiui

the appellants worn fhe Sydenhara | Licensing Committee, and the redpqhclentfl Certain publicans in Hie Bvdenham Licensing Districts, pair Honours, id giving their decision, Were utianimous; arid decided that fc'.ie appeal of the Lic'eming Committee must be allowed without fiosto, while that of the publicans they dismissed; His Honour the Chief i Justicie held that if the committee decided that trie .licensed hoiiftes tf ertf hot necessary they could refuse to ; grant tne licenses": , He considered it only natural that the riiembers o| the committee should have expressed their views before the election. Mr Justice Williams, in the course cf his remarks, said that the fact of the majority of the ratepayers and resi* derits desiring that no licenses should be issued, was nob sufficient reason for the closing of any house. The people in the immediate neighbourhood of any One house might, desire it to remain open, and as they were the persons most interDsletl, they tdibuld be" first considered. So long as the committee acted as djudicial tribunal, and considered in the interests of the public that licenses should not be granted, they were acting within the law, "but if they refused the licenses merely to destroy the liquor traffic they were evading the Act. Mr Justice Conolly ngreed'with Mr Justice Denniston's interpretation of the Licensing Act. He pointed out that the committee had acted as a judicial tribunal, inasmuch that although they had promised to grant no licenses at all thay had, when the applications came before them, considered them, and granted three out of the i t<?nr£f;Sir Robert Stout and Mr -Caygill'/appeareti in the Case on behalf, of tne eomnlitfcee, and Messrs \H. V. Bel), J. B. Fisher, and 6. Harper for the publicans. Mr Bel), on the Court giving their decision, made application for leave to appeal to the Privy Council. — Preß6.