The Powers of Licensing Committees.

Ashburton Guardian, Volume X, Issue 2373, 6 May 1891, Page 2

The Powers of Licensing Committees.

(Oamaru "Mail.") We are m a position to state that high legal authority nas given the: opinion that the Licensing Committee is not possessed of the power to close the whole of the hotels m Oamaru. This opinion is, we believe, based upon the ground that, as a license can only be withheld because a house is badly conducted or that it is not required, it will be impossible to show a sufficient reason for refusing all licenses, lie holds that the fact that a majority of ratepayers have pronounced against th c issuing of any licenses is, not sufficient evidence that there is no necessity for a licensed house m the town; for upon that pojpt the minority, whose opinions must receive respect, have an indisputable right to be heard. But outside of all consideration of the wishes of the residents of'the town, * there is another class whose rights the law compel the Committee to respect. This is the travelling public, whose comfort, convenience, and accommodation theLioensing Actspecially recognises. The legal authority to whom we have referred, and who is, we may add, himself a teetotaller, not only does not dispute the right of the Licensing Committee to refuse licenses, but up° holds that power to a very great extent; all he says being that that power cannot be exercised m such a manner as to virtually altogether seb aside the Licensing Act, which permits »the existence of public houses, and that while they may close a number of the houses on tha ground that theyarenotrequired, they cannot close the whole, because such a course would be destructive of the rights of a large body of people; and, were the Committee to refuse all licenses, an application to the Supreme Court for a writ of mandamus directing them to issue licenses wqujd be successful. The opinion, which \?e have given above is borne out by a recent judgment of the Judicial Lords of the House of Lords on an appeal from a decision of the Court of Appeal. It is unecessary that we should discuss this question at present, because the time for discussion has not yet arrived, and we have referred to the matter now merely for the purpose of directing attention to wha") may be expected to happen when the Committee proceed to give effect to their pledge to refuse all licenses. .