THE COMMONWEALTH HOTEL LICENSE.

Taranaki Daily News, Volume XXIII, Issue 151, 20 July 1901, Page 2

THE COMMONWEALTH HOTEL LICENSE.

APPEAL 00U8T. OPINIONS OF THE JUDGED The Chief Justice, after reviewing tho facts, stated that with regard to the point whether this method of transplanting a li ensi ftom one p%rt of district to ano hor was a removal witlru tho metnirg of the Act, it sv;-a, in his opinion, an evasion of what 1 the intended; but, as ha I ! recantly I een laid down, the Court was to interfere when there wa-i i,ot a violation of the express words of of tin Statute. A 1 cense, to be granted, must be grant ible at the time Iwhen it came be r ore the Committee. ' He uphe'd on two points the motion to qn -ih firstly, that the committee, bii iga Court of inferior jurisdiction, c mid not give itsilf jmisdicuon of adjourning the app'iea ion, and had no power tj hear an applra'ioo which it could not finally da il wi h at thi hearin.»; secmdly, that the Committee had no power to grantali eto premiss t'mt did not fulfil the statute y requirements when th * noticj of applicition was given and a; the hearing, | Mr Jus i<M Williams upheld tihe ac:ion of tho cimmitt.ee and d against the m ition. Oa thi 16th Miy, when the notice of application vai given, the sirur; ure, though incom p'e'e, ansvverad to the defcription of a •' house," and the c >mpleted house was iot a different ht u'-e. He was of opinion, therefore, thit the committee hod j'iri»d : ction, as when the certificate for the license was granted, the r< qoire-me-jts of section 38 had been c 'implied wi' h. Mi' Just re Dennis'on agreed thnt lw mot'.in ho-ild lwdismis-el, with o-t", It hid been admitted ihatas h r+p ndeut had rec live 1 hia certificate, there was nothing to prohibit. A po'nt had been mado for the appelant that at tho time of the appli ;<tion the 'i.ense must h-.ve been legiily grft'.tab «. His Honour caw n .thing in the Act to justify this cmt ntion. The leison for oalling for objections was suie'y not to prevent licensts being gr.inted, but to see that fry cgi'.j not grant d under objectionable c <nd tions. And there wai nothing : n the Act which s>id that app'iotiom f.-r new licenses should ba de'ermined before any other busine s was t, kli rr determined. In lis opinion i.hr - was ro in egularity in the prj-o-'tdings of the in connection with the grin'ing of the csri.ifica'e in question. Corraiuly there was none wh eh would takeaway the jurisdic'ion t<i g «it it when it was granted. H's Honour was bound to conclude, oa gr 'unds of public convenience, that thi< house should ba licensed, and 'he committee (which ws comp;'g->d in the Migis'rate) adopted the procedure which made it p sible f.T h : m to gr.inb the licerse. Mr. Justice Conolly wps of opinion thitthe motion should be dismiss. ITe aw nothing wrong in the prq eediogs of the cemvni tee, and a cow lice sa wes creat.d, not a removal. There h>d b en an irregularity in the . proceedings of the committee, but not J a fatal ece. He held with the j committee that the requirements of the Act had baen complied with bffore th* license wp<- granted. Mr. Justice Edwards agreed with the dismissing of the motion, and with the! granting of .£SO roi's to tke defendant. j The case turned upon the qu siion' whether the droppiog of an old licensi j and the granting of a new one could be | h-'ld to be are nova'. It was held that l such could not bo s iid t'l be a removal. His Honour S'.wio reas~>n why the Li"or s ; ng Cemm tfc e should no 1 ; postpire the-det rminatioo of 'ha applica- j tion for a new liens* until the applications jor r<jn wal ha 1 been disp seJ, uf, If, when the ' pp'iotio'.s for renawal had baemiisposed of, it appeared 'hat tho new licence could lawfully be grained, and if tie Licfnsing Crm-mit'-ee was honestly of opinion tha l ; it was to the public benefit that such naw license shoull be granted, then His Ho our saw no re son why the committee should not is'ue a certificate. The motion to prohibit or qn sh failod on a decision of a m>j rity of the Cour-, and the defendants were gran'ed as fo3ts £SO and disburaemen's. Leive to to the Privy Council was giant d on the application of Dr, F.udlay. Post,