FAMOUS LICENCE CASE

Sun (Auckland), Volume III, Issue 921, 14 March 1930, Page 11

FAMOUS LICENCE CASE

SCALES V. YOUNG REOPENS appeal to privy council Press Association WELLINGTON, Today. A further stage of the well-known icensing case of Scalesj versus Young and others came before the Court of Appeal today, when Joseph Scales, of Ashburton, an hotelkeeper, moved for leave to appeal to the Privy Council from the decision of the Cdurt of Appeal, delivered last session, in which A refused to grant him writs of certiorari and mandamus against the MidCanterbury Licensing Committee for a publican's licence in respect of the Somerset Hotel at Ashburton. J ', Sim ' for applicant, sub,thal leave to appeal should be °? th , e grounds that the pro_etdings involved civil rights to the value of £SOO or upward, and that the wMca al i qUestion at issue was one JTr i?K.i by , reason of Its great general “f.,? u P lic importance ought to be subml“ea to 'he Privy Council. chief Justice remarked that the court was of opinion that, prima facie, it appeared that leave should be given, and accordingly called on Mr. Spratt, oursel for the Licensing Committee. .°. W ' vhy leave should not be te<l Slr ' s Pratt submitted that , era as nothing before the court to » now that the value of the interests inihi' - L ,Vas such as to give applicant a PP e al on the first ground, na further that the case -was not a Proper one for the exercise of the of the court on the second ground relied on hv the applicant, inerefore. leave should be refused. Mr. ‘-Pr.itt further submitted that if the € ‘ ci(Jecl to grant leave to the PPUcant it should be granted onlv on terms as to costs in favour of The Licensing Committee. Conditional leave to appeal was with security at £SOO within tore© months.

Larly last year Joseph Scales, hotelKeeper of Ashburton, applied to the Licensing Committee ot a licence for the Somerset Hotel. “7 1S application was made on the grounds that he had been the holder ? c a licence when the county of Ashwent "dry” 20 years ago, and fjaa been automatically deprived of i acce Pt an ce of prohibition. At f Jast elections Ashburton had denied to give up local prohibition. His application was refused by the com-*n-tte© on the ground that his claim ♦ ,ls , n °t valid. The case was taken lo the Court of Appeal, where Scales fought writs of certiorari and mario&mus to compell the granting of the jeence, hut after a long legal battle n© writs Were refused. The case has ecome a "test case” for the interpreTation of the licensing laws.