THE LICENSING ACT

Taranaki Daily News, Volume LIII, Issue 219, 24 December 1910, Page 2

THE LICENSING ACT

RIGHT TO REFUSE A LICENSE. By Telegraph?—Preee Association. Wellington, Friday. An important case concerning the powers of a magistrate under the Licensing Law was heard in the Supreme Court to-day. Fred J. Bright had been refused a certificate saying he was a fit and proper person to hold a license for the Otaki Hotel by Mr. Thomson, 5.M... on the ground that his wife did not intend to reside with him on the premises. Bright applied to the court to issue a mandamus against Mr. Thomson, compelling him to issue a certificate. The magistrate, in an affffadavit, said the hotel had previously been controlled by a single man, with bad results. It was admitted that Bright was a man of unimpeachable character, having sat for 27 years on the Wairarapa licensing bench. His wife and son reside on a' farm near Eketahuna, there being no breach between Bright and his wife. At the same time Crown counsel contended the discretion as to fitness to hold a license under the Act was entirely with the magistrate. Plaintiff maintained that the magistrate had exceeded his jurisdiction. Judgment will be delivered on I January 4.