TAUMARANUI LICENSING COMMITTEE.

Taranaki Daily News, Volume LII, Issue 109, 5 June 1909, Page 6

TAUMARANUI LICENSING COMMITTEE.

A BUSY MEETING. The lirst annual meeting of the Tauniurunui liicensing Committee wa«s held at the Waitara Courthouse yesterday. Present: Measrs Ji. S. Kitzherbert, S.M. (chairman), G. Pearce, H. H. Pigott, B. Well, G. V. Tate, and W. Birdling. HOTEL licenses.

James Hawkins, Urenui, applied for a renewal (Mr. Grey for applicant). No objections.—Granted. A. T. Lake. Club Hotel, Waitara (Mr. Townscnd for applicant). No objections.—Granted.

.Margaret Cnsaek, Masonic Hotel, Waitara. (Mr. Townsend for applicant). The police report was to the effect that the building required painting, and several rooms re-papering. Mr. Townsend thought the police report wa6 a bit exaggerated, though he admitted there were a few little matters' wanted seeing to. Inspector Gardiner, Sanitary Inspector, also put in a report. In addition to the re-papering of the bedrooms, he stated the lire escape wanted immediate attention, as the staircase at both ends was shaky and unsafe. The supports of the balcony also required attention, as with anything approaching a panic, en-' tailing the u*?e of this balcony, there might be an ugly accident. A outlet from the building should be provided at the foot of the ladder. The sanitary fittings, it was said, also needed attention, and his previous requisitions were still not complied with. The Bench held the application over until after the luncheon adjournment, and on resuming announced that the reewal would he granted, ahd that Messrs Pearce, Birdliug and Tate would, inspect the premises, and report as to what was required to be done, if anything, at the next quarterly meeting. Robert .Jones, accommodation house, Tokaanu. (Mr. Townsend for applicant).—Granted.

WHOLESALE LICENSES. Wholesale licenses were applied for as follow:E. I.ie (J. Jacob (Covett and Quilliam), Mokan. E. T. Goveiiloclt (Wilson and Crcy), Awakino. Thos. H. Kiely (Govett and Quilliam), Ohakune. J. I'. Leonard (Mr. Tustin), Seddon street, Raetihi. A. H. Wilkie (Mr. C. Jlackay). Rangataua. •T. Cody (Watt and Cohen), Ohakune. L. llovd (Mr. Townsend), Rangataua. A. 11. Wilkie (Mr. Mackay), Ohakune. T. Blair (Watt and Cohen), Rangatana. 11. M. Lund (Mr. Townsend), McLean s'treet, Waitara. RENEWALS. The Mokau and Awakino applications' were taken iirst, these 'being for renewal, of licenses issued some two months ago.

Mr. Sellers, of Ilawora, said lie appeared in support of the objectors to several applications, and lie asked the Committee to hold over their ( decision in these matters pending the objectors' memorial going in. The committee, under section 1)2 of the Licensng Act, was entitled to hear any objections. Jlr. Quilliam contended that as no notice had been given no abjection could now be introduced. Besides, the. Supreme Court had decided that objections which could be made against the issue of publicans' licenses were of 510 avail in the case of wholesale licenses'. And there was no memorial presented against these applications, which were for renewals. The chairman decided that Mr. Sellers could not be heard at this stage. Sergeant IPaddrell objected to the granting of the licenses on tile ground that they were not required in the neighborhood.

The licenses were granted by a majority vote of the Committee. SEW LICENSES. _ T. 11. Kielv, application for wiiolesale license at Ohakune. Mr. Quilliam appeared for the applicant. Mr. T. A. Harris', of Raetihi, said be was instructed by the Waimarino County Council to oppose the application 011 behalf of tile ratepayers. Mr. Quilliam contended that the Waimarino County Council had 110 standing. No one had any right to appear in objecting to the issue of a wholesale license by memorial as in the case of a publican's license. As proof of his argument that objections in these cases' were not contemplated by the Legislature, he stated that applications for wholesale licenses were required to be in seven days before the license could be granted, and memorials had to bo in seven days also; so that the objection and the application ,11111st be Jodgcd contemporaneously. There was' 110 provision lor publicly notifying the intention to apply, and without such orovision there could be 110 chance of objection. He pointed out also that wholesale licenses could be granted by the chairman and two members, without a meeting of the committee, so that a memorial in such a case would be ■imMr. Quilliam quoted from authorities to show that wiiolesale and publicans' licenses must be treated in two distinct classes, a wholesale license was granted to a person, and a. publican s license to premises. He concluded bv urging that the granting of a wholesale license was a ministerial and not a judicial act, and it would be the veriest, farce, if such were the case, to call and examine witnesses.

H was decided to hear all the argument at this fitfca'ge with reference to the standing of .Messrs Sellers and Karris as counsel for the memorialists, and as to the admissibility of the memorials themselves.

Mr. Ij. Cohen emphasised the point that the procedure proved that objection to wholesale licenses was never contemplated. Applications could be made by correspondence, and thus no objection would be possible, for the public would know nothing ot it. The .Supreme Court decision in the ease of Hogg and Melveuzie upheld tilt- contention that the granting of wholesale licenses was' not increasing license, in the district.

The chairman said that the Act had been amended since, and .probably in consequence of that decision. 'Mr. Maekay questioned Mr. Harris' authority to appear for the Waimarino County Council. He had no appointment under seal and the letter purporting to report his appointment to the Committee was not even signed the written'/ ll "" COlmty '' k,, ' k b '" in = W

The .Magistrate said tliat such an authoiity should have been signed by the county chairman. ' Replying to tJho objections rais'ed, Mr.

Sellers contended that trader section (>() those people signing an objection and giving due notice were entitled to appear and object to "any application'* for "'any license" for tin* sale of liquors under this Act. lie submitted aUo Unit the sections quoted by the gentlemen o n tin* other side tshould he read in his favor. Section SO read in respect of all objections, <md section 87 provided for further particulars in the easu of objec-

lions 'to publicans', New Zealand wine, and accommodation licences. The only application in which the previous particulars would suflice must, then, be for the wholesale license. He aUso contended that the Committee must take the place of business into account, and this had to be inserted in the certificate. A wholesale license was not a personal license, but a licence to sell from one place only. Mr. Harris, in answer to the objections to his appearing in the catses, said he was appointed by the County Council at a special meeting, and the clerk. was instructed to notify the Licensing j Committee. He had done so, but neg* I lected to sign his name in writing. If the Bench hold that signature to be insufficient, then he anus't bow to the in-: evita'ble. i Mr. Fi'tzhenbert, S.M., in giving his j decision 011 the points raised, said the question was a very important one, and he would like to'see it (settled as a precedent. He might be wrong in his reading of the law, and if counsel thought so they could obtain a Supreme Court ruling. lie was of opinion that clause 7!) applied to all licenses, and not merely to publicans' licenses, and clause Bti also applied, else why did the Legislature think it necessary to frame 87, which made it necessary to do certain other tilings in objections to publicans', accommodation and New Zealand wine license*'i Me would be quite satisfied with his reading of the law, but for the

provision for granting wholesale licenses at any time by the chairman and any two members. He would hold that a memorial could be lodged against the application for the issue of a wholesale license.

The committee then heard evidence concerning the application of T. H. lviely, of Ohakune. Sergeant Haddrell opposed the application on the ground that the license wag not required. Mr. Harris asked the Committee f.o decide whether or not he was qualified to appear on behalf of the Wainuirino County Council, The Bench pointed out that Mr. Harris had not Authority under the Counties' Act, and was not entitled to appear. '

Mr Quilliam said his learned friend would not need such authority when, later m the proeedings, he appeared in support ol an application for a license. Jlr. l'ltzlrei'bert: Oh, a solicitor is allowed to change his spots, you know. Sergeant Haddrell claimed ami was gi.inted the right to appear and to call evidence. He called 'Seigeant Jieattie, of Taihape, whose T "1, f" S t ?, k( -* 11 t0 "PPly all the applicants. He was well acquainted with the various districts' from which these applications emanated. In his "l"." lou 110 wholesale licenses were required there, and if any Here granted the\ would act detrimentally to the uro. grcss and peace of the people In cross-examination by Mr. Cohen, s.ud there was no reason why reS hj, CIS ' U the distri<!t Bhould not hj.ve the opportunities' to get liquor if they wanted it, provided they eonld ™i> quantities than two gallons. There was a class of men, hough, who couldn't leave liquor alone, ami t woud be as well to keep the temptation from them. For mill-hand* to get liquor in such quantities would he considered, be very detrimental and tausi the iniU-owner s considerable anx-

I ice It Cl ; for » wholesale »t Ohakune, on the Raetihi road gave evidence that latterly people had been getting t i le j r ]j (lllor o j, cn | Vj in c(m _ sequence of a decision in the Courts recently, and there was not the same diunkeimcss as formerly when everything was sly-grog selling. There w as ! "d f ™» reputable people for the establishment of a wholesale license lie had had twenty years'' holcl-keenin" experience was "whisky oi soid at fro » iiss

whv lice,, 1 „ i Ug the people wanted the license «as because of the excessive cold. Jli.s opinion might be Opposed to that of Lieutenant Shaeklcton. Mr. Qnilliiui): We're not applvinn- for licenses for the Antarctic rcioiis " To Sergeant Haddrell: He propos-d 0 carry ,business in a s iLS iv !v?h He himself was Alexander Hertiert Wilkie, of OhaAr'.!!.K," aS f «- nL ' xt "M'<?«nt. Mr. C. him Wanganui.. appeared for

in evidence Wilkie stated that he earned on lmsiness as a general commssion and .ndent The property in hk.h he proposed to carry on busi'"'ss wis next to Cody's proposed store, lo Sergeant Haddrell: The premises ant"! ° W " PI<MI l,y me of Jlis te »-

The S.M said the llench was not eonI with tin? premises. Jo Mr. Miickay: If he obtained the <"»*, his tenant understood that she was to Icavi'.

fn, r (Mr - Tustin > applied for a license to be issued in respect of Proves in Scddon street, Raetihi. lie e erk read numerously B igned unoiu Is, one from the ejectors and !wri nr ilaol '' ™ idont « in tl,c lllV tiict objecting to Hie granting 0 f the licenses m these districts. -Mr. Tustin ol.jeete'd that the memorial* weii! too general and vague. Tliev should object sVecitk-allv ( 0 one particular application, and should he in con- , Vi £ w 1 t,le -schedule. Mr Kellers submitted that the Licenelig Lonit was not bound closely by "lies of procedure. * "> ial[ h 0 C °"" nil % the memor-

The applicant was called. ll e stated l' u'rh" as i vor,v ''innkranese in iv. ciihi.and a properly conducted wholelicense would not increase drunken-

lo Mi. Sellers: He was applying for mI- "f° ' l,encflt of )lifi own il3 we,) , ns because it ■ s a necessity as a public cnvenience. ue aine an instance of cases in which -V ""-ilieally ordered for sickness had been charged at 25s' per bottlel One nl ho signatories to. the memorial in Kietiln was a, man who admitted that tne issue of a license would ruin his living as a sly-grog seller, T. A. Harris, solicitor, of Raetihi. said he knew fully »0 w cent, of the sign.toucg to the Raetihi memorial against he licenses, and they were rcprc'vnt.v il l m Masses. Hi s opinion wis that there was no necessity for a wholesale license there. It would tend to distort, the qmet of the unitv. and he of no .benefit, * i To Mr. Tustin: lie was a teetotaller, and Ins sympathies were s'tronglv with the no-license .party. || ( . although a member of the no-licciw party, lliat lie heard a demand for liquor 111 Raetihi. He would not admit •hat people "on the other side" were likely to hear more of it than he was. there was more liquor consumed in Ohakiine than Raetihi. He had heard that one of the signatories to the petition (name given) had been convicted of sly. grog selling. J The chairman: Are you the Mr Harris whose mime appears on this application for a wholesale license for a Mr. Danphm?

Witness: \eS; but the application is not being £onc on with. Mr. Fitzlierbcrt: Do vou think it is consistent?

Witness: Xow Unit the point lias 011 l ' aisl - ,J 1 your Worship, T wish to make an explanation. I put hi that apPlK'alion at Mr. Dauphin's request, but ,nm T would do it only on condition (hat he understood Unit I would do all in my power to block it. Mr Filzhoi-hcrt: Do you think that to your client? "I suppose vou lonic money'from hi nl . Witness (hurriedly): \o. T didn't.

Mi. I'itzherhert: AVell, s*|)eakii]o as a magistrate. looking at it from a professional point of view. I must sa v it's a curious procedure. T s it your idea of professional honesty? Witness; Yes, so long as I gnve l)im that explanation.

■Mr. Instill (tn the witness): Couldn't you have referred him to s'ome other party who was not opposed to. this application? 1

Witnes: Well, J ] {]U!W vou lia(1 voul . own applications to look after, ami my client said lie wanted me to do Uio work.

In answer to further mieslions, Mr. " Is sa ," l H, »t In' had heard a statement made ahonl his client which would have a/lected his chances as a-.v apnli<anl- before a liconsina committee. Mis' Ciilm. W "' S " W « i,ni,rh '» c """ty Conn-

Ml'. Tiistin: Then he's one of those ))', a " ll 'nrised you to appear here toua\ to speak asninfit licenses?— Yes And T understand that lie sipue.l this uionional. too, which y oll „] so signed?—

" «nr T' I re is n mM w,l ° '"^nicts' 0 P Ol llml a license, and he uins round and signs the prohibitionthe licenses aSai " St tlle »»»*%■■«' A. H. Wilkie (Miv .nfMka.y), Thomas

Blair (.Mr. Cohen), A. Marsh (Mr. Tustin), and L. Boyd (Mr. Townsend) applied for lieeiifi'efi at Kangataua. (Wilkie had already applied for Ohakune). Memorial* were presented against the licenses.

The police objection was taken in every inxlance.

11. M. Lund applii'i! for a wholesale license. Mr. To\v;i»end appeared for the applicant.

in evidence the applicant stated that he intended to open a warehouse in McLean street, Waitara.

Cross-examined by Sergeant Haddrell, he said he had no intention of running a trade In opposition to the hotels, aad it was the duty of the police, and not the holder of a wholesale license, to find out whose selling was responsible for drunkenness. He took these questions as a reflection upon his personal fitncbH to hold a license.

t Sergeant Haddrell said he was partiin apposing this application beI cause lie had heard a good deal about Sunday and after-hour drinking in Wai--1 tara.

, N The statement was greeted with derisive laughter from the bodv of the I Court.

. At 5.30 p.m. the Bench decided to adjourn, resuming at 0.30 p.m. to consider their decision.

■ . TOUR NEW LICENSES. Ipon resinning, it was announced that the committee had decided to want licenses to J. I'. Leonard, Raetihi" Joe Cody, Ohakune; Loftus' Bovd, Ran-m----taua; and H. M. Lund, Waitara