Cambria County Brewers' Licenses

Citations

• 78 Pa. Super. 40
• 1921 Pa. Super. LEXIS 335

Syllabus

<p>Liquor laws — Licenses—Brewers—Refusal of licenses — Reason for refusal — Question on appeal.</p> <p>If the court of quarter sessions, refusing licenses for all brewers in tbe county, makes a final order to tbe effect tbat “After full bearing and upon due consideration, tbe application is refused,” it would be presumed, upon appeal, tbat a bearing was bad, and tbat tbe court bad performed its duty. Where, however, tbe court below sets forth its reasons for refusal of licenses, it becomes tbe duty of tbe appellate court to examine into tbe reason given, and to set aside the action of the court as an abuse of discretion, if the reason set forth is not a legal reason.</p> <p>Liquor laws — Licenses—Brewers—Scope of examination — Necessity — Fitness of -applicant — Act of June 9,1891, P. L. £57.</p> <p>The only question, under the Act of June 9, 1891, P. L. 251, for the consideration of the court in granting, or refusing, an application for a brewer’s license, is whether the applicant is, or is not, a fit person to whom the license should be granted. The question as to necessity does not apply to a brewer or distiller. Where the court has refused licenses to brewers, without passing upon their fitness, the order of the court must be reversed.</p> <p>Liquor laws — Licenses—Hearing—Refusal to submit to examination — Rules of couH.</p> <p>The court of quarter sessions cannot discharge its statutory duty to those who apply for licenses as brewers without a hearing. If it appeared, from the record upon appeal, that an applicant had refused to appear and be examined in the court below, an appeal, by such applicant, from the order refusing a license, would be dismissed. No rule of court could divest the court of its statutory authority to 'examine the applicant.</p>