Important Hotel Decision.

Thames Star, Volume XIV, Issue 4422, 7 March 1883, Page 3

Important Hotel Decision.

The Resident Magistrate gave his decision at the adjourned silting of the Assessment Court, at Wellington, yesterday morning, on the point raised by Mr E. Shaw on Saturday last in the case of the Tramway Hotel,—that only the intrinsic Talue of the business premises can be assessed. His Worship said: "It is admitted by the objector that if the license is to be taken into account in making the valuation, the present value of £120 is not excessive, acd it is admitted by the Borough that if the license is not to be considered— £80—the sum contended for by the objector is sufficient. It has been decided (Begina v. Bradford) that under English law and our own statutes, the license must be valued because it is annexed and appurtenanced to the property. But it is contended that under the Licensing Act of 1881 ft* license is granted to a person and not to a house, and that this is demonstrated by section 97, which allows a renewal of license from one house to another, and that therefore as the license is no longer appurtenanced to the property it should not be valued with it. I cannot take this view. Sections 38 and 98 forbid me to think that the license is not still appurtenanced to the house. It cannot be removed without the consent of the owner of the property, and the Borough valuation must be confirmed." Mr Shaw asked His Worship whether he had also considered the point of jurisdiction P Mr Hardcastle replied in the affirmative, .and mentioned that he had arrived at the opinion that the Court possessed the necemry jurisdiction.