The Stratford Evening Post WITH WHICH IS INCORPORATED THE EGMONT SETTLER. MONDAY, JUNE 9, 1913. THE LICENSING COMMITTEE.

Stratford Evening Post, Volume XXXVI, Issue 29, 9 June 1913, Page 4

The Stratford Evening Post WITH WHICH IS INCORPORATED THE EGMONT SETTLER. MONDAY, JUNE 9, 1913. THE LICENSING COMMITTEE.

The resolution that no conditional licenses ho granted for the current year, which it was proposed to put forward at Friday’s meeting of the Stratford Licensing Committee, came as a surprise to the public generally. It is probably just as well that the resolution has been shelved for three months and in this time, no doubt, a great deal will be heard on both sides as to the advisableness or otherwise of the suggested course. The Magistrate himself, while expressing no opinion, indicated pretty clearly from the bench that he was averse to the matter being dealt with hastily. As Magistrate, his duty is to direct the Committee on matters of law, and obviate if possible any act illegal or ultra vires being performed by the Committee. Needless to say, the resolution, if passed, will directly affect two institutions in this town, namely, the Stratford Racing Club and the A. and P. Association. A certain amount of the revenue of these bodies is derived from the sale of booth, privileges at their annual race meeting and show, and it is probable that steps will bo taken by these bodies with a view to properly representing their case to the Committee when the proposed resolution is again before that body. In the meantime, altogether

apart from any question of license or no-licensc, it is desirable to place before our readers, who are the electors of the Licensing Committee, and who are all interested to a considerable extent in the control of the licensing laws, a few observations with regard to the position. In the first place, where is the necessity for this resolution? What can be its object? According to the licensing law, as we understand it, a conditional license may be granted at any time, without notice nr auv formal application to the

Licensing Committee, by tlxo Chaiiman and any two members of the Committee. Now, the practice has been to obtain the signatures of two members of the Committee to the proposed conditional license, forward' this on to the Chairman, who concurs in the grant, and the license is issued. If any member refused to, sign the application the- party desiringthe license could merely apply to all members of the Committee untili he, had the requisite two signatures, ’this was a very simple course, and it did not matter even if there were a majority of the actual Committee against granting licenses. There arc five members of the Committee and the Magistrate. Three of these members could bo against conditional licenses, but the other two, with the consent of the Chairman, could grant a license. This is as the law has provided. h is distinctly not required that there should be a majority of the whole Committee in favour of a conditional license. Indeed, assuming for tin time being thatrthe resolution nov proposed is carried by, say, three vote; to two (the Magistrate not voting) the result would be that the two mem hers assumed to ho in favour of con ditional licenses would be deprived or possibly deprived, of a power give to them by law, which clearly say that any two members and the Magif trate can grant a license. It may b that the Magistrate, in face of tbi proposed resolution, although wo cl not think ho should, will consider tin ho is hound by a majority resolutio in the case of subsequent application Can this be the intention of the law Aigain, when speaking in the Court tl other day on this matter, Mr 11. Spem pointed out that the licensing hot was a judicial body, and was bom to hear evidence both for and again each application. If the present r solution is carried, this Coramitt will have tied its hands with rega to any application, however merito ous, which may be made in the coi ing year. Surely the law intend that each application should stand its own merits and he dealt with i cordingly. The Magistrate seem to suggest on Friday that there m bo a difference between dealing wi a conditional license and any otl license which exists for a year. E what difference can there be? Fa is a license, and each has to bode with judicially by the Committee. Su ]y there can bo no difference in 1 Committee saying,that they will i renew a publican’s license and say'i that, they will not grant a conditioi license.. In the case ofirenewal, p fjijbly the publican has, a better ri< to, his renewal, but.it does not al the.,fact that both have itO be decic judicially ; and granted, or refused, ,t|ioi|r,merits. Touching another' pe,ct qf thq, qnpstipj], the Cliairm; ,a.s we'understand,,the law,' Has bt a deliberative vote and a casting vo both of which, doubtless, he is expe eel to exercise if necessary ; and have no doubt that ,in many cas where Committees w r ere elected by rangement between the License s Nq-LjgeijEjo.. faction!?, it was alw« ■taken into raccount that the Mag •trate; ;with Ms, ,high judicial' ancl i .Massed mind, is there to see tl peither faction, if one faction has majority, on the Committee, asse unfairly its power,; The above obs vatiens are what would strike c viewing the whole position „ from commonsense point of view. Wo i not prepared to argue the legal p< tion, though reason appears to diet: against any such course as that p posed by certain members of the Cc mittce. Every member of a Comn tee may hold his own view in regi to conditional licenses, and the Leg lature has apparently taken this to account in giving the power tc minority to grant such licenses. De ing with the matter from the technic or legal, aspect, it appears to us tl nothing has arisen as a result of f granting of these licenses in Stratfe to- justify the revolutionary step n proposed. Readers will understa that according to law the Magistn and two members who grant a beer can impose such restrictions and a ditions as they think fit in granti such licenses. This is a very wi power indeed. Naturally, being legal matter, it is left in the ban of the Magistrate to impose these i strictions and conditions; and wo 1 lieve that Mr Kenrick is more th careful in the imposition and the c servance of the same. If the me: hers who desire to refuse these licens know of any abuse arising therefroi surely .that abuse can be mention and effectually met by proper restn tions or conditions which the Magi trato will know how to impose