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High court hearing report

Source: Cardiff Times 22/01/1898       Date: 1898
Copyright:       Type: Newspaper

INTERESTING LICENSING CASE. In the High Court of Justice (before Justices Day and Lawrance, sitting as a Divisional Court) the appeal by way of a special case stated by the Court of Quarter Sessions for the county of Cardigan, of James Davies, Maesglas Inn, Dihewid, near Aberayron, against the refusal of the respondents to grant to him a licence, under 9 Geo. IV., c. 61, s. 14, to sell intoxicating liquors at Maesglas Inn came on for hearing. Mr S. T. Evans, M.P. (in- structed by Mr D. P. James, solicitor, Aberayron) argued the case on behalf of the appellant. In November, 1896, Mary Evans, the tenant of the inn, died, and as no relative appeared to intermeddle in the deceased's estate the landlord took possession of the licensed premises as having become unoccupied, and let the same to the appellant under a written agreement as a new tenant. At a special Transfer Sessions under the Licensing Acts for the Division of Aberayron and Lower Ilar (consisting of the respondents J. M. Griffiths, J. M. Howell, H. T. Evans, and W. Timothy), held in February, 1897, the appellant applied for a grant of a licence for the Maesglas Inn, and his application was refused. The appellant appealed against the refusal to the next Court of Quarter Sessions for the countv of Cardigan, Mr J. W. Willis Bund, the chairman of the court, presiding. The appellant's case having been heard, the learned Chairman intimated that upon his construction of Sec. 14 the appellant had no locus standi to apply for the said licence, as upon the death of the former tenant (Mary Evans) he should either have taken out letters of administration to the deceased tenant's estate or have acquired his title to the premises from her personal representatives. It was contended on behalf of the appellant that he was within the terms of the section as a new tenant of the licensed premises, and that no representation of the deceased tenant's estate was necessary. The Ãlearned Chairman at the Court, however, decided against the appellant, and, upon the application of the appellant's solicitor, stated this case for the opinion of the High Court. After hearing counsel, their Lordships allowed the appeal and remitted the case to the next Court of Quarter Sessions for the county of Cardigan to be dealt with on the merits.
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Maesglas , Maesglas, Dihewyd (p)