PROSECUTION OF NEWTOWN HOTELKEEPERS.

Taranaki Daily News, Volume XXXXV, Issue 197, 5 September 1903, Page 2

PROSECUTION OF NEWTOWN HOTELKEEPERS.

ARGUMENTS OF COUNSEL. PEB PRBSS ASSOCIATION. Wellington, September 4. All (he howlkeepers in the Newtown district were again before the S.M. (Dr McArthur) this moroing, each being charged on two informations—(l) tvith selling liquor withou; being liceused to do so, and (2) with exposing liquor for sale without being lioensed. Mr Be'l appeared for the prosecution, and Mr Skerrett for the defence. Ocuosel announoed that all paints as to preliminiry proceedings in the Supreme Court and Court of Appeal as to the issue of the licenses were admitted, and each defendant admitted having sold liquor, The only authority under whioh defendants claimed to sail liquor was that the epolications for renewal of the licenses had not been disposed of by the Committee. Counsel for tho police said the committee disposed of the applications by refusing tho renewals oa the ground that it had no jurisdiction. If the principle suggested by the defence was really founded upon au'hori'.y it would mean that a licensee who was convicted three times oould continue to sell, Id Knglatid, by a special provision, the commissioner of inland revenue had power to permit licenses to be carried on pending an appeal, but no similar provision existed here. The p:o*?cution asked the magistrate to s«y that these publicans were selling liquor without a license and that it mußt be stopped. A hdhvy penalty was not asked for on this r ocasion, but it must be understood that if the offence was continued the full penalty would be pressed for. Couosel for defendants claimed that the licenses had bean extended by virtue of section 23 of the Licensing Act in which he specially emphasised the words " finally disp;sad of." 3'ho expression " adj turned " was not used. It did not speak of an adjournment of the application, and it did not extend i license during the period of an ad journment. If the application was ultimately granted by direction of the Privy Council the renewal would date from the period of expiry by effluxion of time of the original application to the Committee. The course the defence asked the Magistrate to adept was tho very course adopted in the appeal proceedings. The public ins were appealing in one oase to the Privy Council, and in other cases they twd lodged an appeal to tee Appeal Court, It had been agreed that wh«n , 'he decision of tha Privy OjulcU was *iven it uhould decide the fate of th« four cases in tho Court of Appaal. Dr. MoArthur said tie give judgment on Monday.