High Court of Australia
OF AUSTRALIA. 321
(HIGH COURT OF AUSTRALIA ApreLiast ;
THE LICENSING COURT OF VICTORIA \ AND ANOTHER... _ J Resroxpents.
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
| Livensing—Renewal of Ticenco—Reduetion of number of licences—Licenee declared H., ©. oF A. fo czase—Compensation not determined until after local option vole taken— 1921, Resolution that number of licences continue carried—Jurisdiction of Licensing = —~ Gourt—Licensing Act 1915 (Vict) (No, 2683), sece. 295, 296, 298, 299% Metnounse, Licensing Act 1916 (Viet. (No. 2855), secs. 46, 51.* May 18, 23.
Pursuant to sec. 51 of the Licensing Act 1916 (Vict. the Licensing Court Knox 03,
had determined to reduce the number of licences in a particular Licensing and Rich. District, and ia carrying out that determination had, before the dey appointed for the taking of the first local option vote mentioned in that section, declared
Sec. 205 of the Licensing Act 1915 by seo. 45 of the Licensing Act 1916) (Viet) provides that a local option vote provides that When the Court deter- full be taken in every Licensing Dis- mines that any Hence shall cease such 'tit onthe day fixed forthe poll each licence shall at the expiration of the feneral eleotion for the Legislative period for which it was granted or Asembly: and, as amended by see. 51 Renewed cease and become absolutely Motte Licensing Act 1916 (Viet), that void and shall not be renewed." "Seo. thefirst local option vote should be 51 (2) of the Licensing et 1016 pro: fakenat thesecond generalclectionafter vides that "Until the day appointed Ist Jannazy 1017." Sec. 296 provides for the taking of the fit local option that 'the following resolutions. shall vote... the Licensing Court for fe submitted to the vote of the any Licensing District may determine
lon iecution A thatthe that reduction be made in the number umber of licences existing in the of victuallers' licences for that Distric fletoral district continue; resolution as if resolution B. «. had boon B, thatthe number of licences existing carried in that District and may deter. Jn the electoral district be reduced; mine the amount of 'compensation and resolution C; that no licences be payable; and for the purposes of this anted in the electoral district. Sec. Subsection the provisions ofthe Licen; 208 provides that "if resolution Ais sng Act with such modifications and sared the number of Licences of the substitutions as are necessary sball be Teapective descriptions shall not exceed read and. construed and given effect he number at the time of the taking accordingly." sf the vote"" Sec. 200 (3) (substituted
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