WHAT CONSTITUTES A PUBLIC BAR?

Auckland Star, Volume XVII, Issue 101, 3 May 1886, Page 2

WHAT CONSTITUTES A PUBLIC BAR?

MbH.Q.Smhß«b,7 Rm . ***" upon the Police Court b^ J* *•« this morning, in order "fOo^ te«t cases against J ohn R he W tl* j the Nevada Hotel, Alfred r o! Thistle Hotel, and Keuke V t Th of «W oftho Victoria Hotel fa. ~ °k >hw of the Li oenßing fw aj t^ beyond the number stated in •«£ rfw mii. of liquor witffitt^t Committee of m? without the payme^o?tfitf^Ui thereof provided." .^ieiX • It waa arranged to tak*> m. Barrett first. W* 8 thß fcWta^ Mr Thos. Cotter appeared t , ' and pleaded not guilty on beto' Sergeant Pratt, who' apnei»*i 4 ' cute said that Mr Cottoffigftl*,,,, would be admitted, so that t li,!,^ v necessary to prove them wm^ notK Mr Cotter said that the whnl was whether the place at wM,?^! L^««a was sold waa a bar withk, $ bJ*> Uq nQt the Act. UB ™Wniog^; Sergt. Pratt pnnMßiJed ta;. i, information in tmi a3flfc fi ntu the had been laid by tHu> a <»*» of having Hie Ce&3 whether the place, sKe& «* in question were bars as 1«h ji ""aoteU Licensing; Act of 1881 TheTefe? 1» j case now before the Court deiSf ia interpretation clause of the Art (S"^ as justifying his conduct in having*! ' puted bar, contending, M he dlrf T*1* was not a bar within the meW Act The prosecution also &^, the same section to preve the amh^ apoa said it was actually a bar in ,Z?'«»I tbeconditionslaiddown in Sffi*, ' Act. In the meantime, he asfc«rt «?' fondant to produce his HceDw «nH T **■ f erring to it His Worahip would*! vJ * endorsement of the Licensing CoZ,& ' era that they were of the saleoS*- ' the prosecution. "Pxaoa^ ■ Mr Cotter : Are you quite rieht iing Section 38 ? Wt * » Sergeant Pratt: Sectiona 37 and «a V with the matter at present. lXt¥ letter. The Sergeant then wentil> tt» that the defendant, B.^V ff « li«n!S foronlyonebar.andthatwaaapubff within the meaning o f thi, - terpretation clause. It »« ■?" ated in Qaeen-atreet, the Dublin enb?-' being off Queen-street, and that S 5*' it complied clearly with the conditiS $ down, being a single room of itatt Tr held that outside this bar no liquor nhwl be sold upon the premises. Iflh« Z dant sold liquor i^any other pKt hotel, he was selling TOhout » h1« The bar in respect of which the chanreW laid was situated in Dnrliam-etreet *$ the main entrance to it was from Darham street, and immediately opened iatew;'': bar in question bo that it clearly comp^ with the conditions laid down in sectioS and was a bar according to the int«tnA.' tation clause. The defendant hS considered it a bar, as U «S at the last licensing meeting to C a license for it. The application, hamm was refused.by theLiceneingCommisaioaet'' They would not grant it; Besides askiw His Worship to decide what he contfaetai to be a bar,, or whether he considered tk ■ place in question to be a bar, he would tequest him to say whether the defeaiant was at liberty to cell liquor ia tills patticu. lar place without a license. His Wonim -; had visited the place and Been what i really was, so that it was hardly necessary on his own part to say any more about ft, - What the defendant relied upon was that as in order to reach this bar j»a Have to pasa through a-passage, and it wis tietelore away from the street, |tbat fact mt " him outaide the section of the Act. Sectioa 37, sub-section 2, eaid that a licensing com- ' mittee might at any annual or quartet!; licensing meeting " authorise any licensed publican to open and use os Ms : licensed premises more than rone bar," The number of bara in such premises to appear on the face of tie license Sec. 38 said that "no publican's license shall be granted in respect of any house ia any borough unless each house shall hare's front or principal entrance, separate torn and in addition to the entrance to tie bai or to the place where liquors areeoldf'eo that the prosecution held that this wai the only public place on the premfcet when liquor could be soldi If liqaor were aoldia any other room of the hotel it was contrary to sec 164 of the Act, which clearly coafiued ' the gale to that particular bar which bad been licensed. Even although Hia Worship might not bold this to be a bar according is the interpretation clause, still he held that the defendant was not justified in'selling, liquor except at a public bar. Mr Cotter said that this case was a very important one for all persons holding' licenses under the Liconing Act of 1881, and carrying on the business authorised thereunder as a licensed publican.- Beforeiaf ' licensing act was passed, it would be tie free privilege of any subject to dispose qE spirituous liquors in the same manseru that in which any other subject would M entitled to dispose of any other goods ff merchandise. The Legislature, either for: revenue or other purposes, sawfittojwl ■; under certain regulations the sale of spat uous liquors, and these regulations were to be found in the Licensing Act, 1881. % Licensing Act of 1881 provided for any persons who should sell spirituous liquon without a license a certain penalty. la , , section 159 it was laid down that "no persons shall Bell or expose for rale any liquor without being duly licensed to«a the same, or at any place where.he is not , authorised by his license tosell the same. Now, here it was not alleged.that* defendant had not a license, but tteeffw of selling without a lloense was said to b«. thrown upon him by section 164 of the Act : which said that "after the^trfa publican's license, no bar ■ beyond, W number stated on the license ihall te opened or used in or upon the uanw premises except with, the WKnt.." the Licensing Committee of thei j» ■ trict, which consent shall be endo«4 on the Ucense." ThefAct went on W cay that if any. person shall «& or «_ Buch bars without consent^ *™™T>: and without payment of thefeo jf««g fore provided, he should be deemed .*»w» been guilty of selling witheut a h^. Section 30 of the Act said, " A >E#°^ licease shall authorise the licensee to «• and dispose of any liquor, in ."W-W**:. on the premises therein specified^ tewe* the hours of 7 in the mormngjWd^ night." That section completely -*m ished the argumento hotel-keepera couldonlyseU ataw,^, cause theVe was no dqnbtjbate^tW' right to sell liquor in any part of no P* m«es, in pursuance of tWto^gg, he held that where \P M>^Wgi^: : a stable or a cellar, he wasentffieaw^ by his license, and the constable* W right of demanding admieaion Jjj^, present proceedings were tokennotMß ... to test t^e question as put bJ&lßgfa -viz., the right of the **J«!fi*' any nart of his Dremises-but as »'""__;

he had the right to *^ "£ e $ - from the bottle or .-ftwj-* * m immediately to the V^^lJ^ so far as the police .™£jg%rV thi ß Act had'not been m.<«££•**considerable portion of Wffl^: that was the Act of MW-«»*Jg^ at the same definition on oorg^ the word "bar," except o°L^» in Act had the words 'iPggifi? ** : addition to " pnbhc either since licenses had been KfanteanD of these Acts, no objection Mfl" rf||ifl( ;:, by the police authorities *» »• J5 „ fe so long as the extra bars *} "Jo *? section said, open i*med»*eiy »£ street or public «J*™»sg& i ß ,co£ proceedings had been prous t npoß quence of the interpretaUon j» the effect of the hcense by «£ m sing committees of prifed within the city of Auc^^^ far, although they tW detinition, yet so far as■ »«J ld «« » had done so. His Wonhip W"^ notice . the back of the license a oew££ aoellW This Dotice was as ft>U«*j" £, eartW is issued conditionally, that w^ bar opening on — "^bEt dM*?' room, passage, or lobby j>*p or partitions, except « ,«*« an entrance or entranceM^^ pu bic into such bar, one entrance" „„»], from tho bar into the one entrance for the boeM*« vants from behind the bar WPJ^ tt ,1* of the hotel, and one side J^ ors .. Jg tfae passage for the sole « private or other bar w intoxicating "3 uor% fljees." S " in the within licensed F^iogj .«*« of course, the present P^fdiW *■ not brought to ttrtj^-..*^ lotherwise of such a Jjg&.e.qowj Worship, if reques^Sucenß»BA ■ the question as to w^**^ ff^l

1 have power, no • MTO»d tbe that should be dom> by a *°ht t» B*y/r to entitle himself to a So* iB order to c to te !< ; and « fa; 0 Jt DO.. it shall be lawful !f> ofß? D °i'Committee at any quar|i.LLi<!<lDßlDlo n tiDe to determine and I!* i^^^V IS~ tben CUrrent "j* > eDd *°J[to Enaction that the $1 i fl condm* b d in an improper £ >ed b°uf Jthß holder of such license is tbiX 'intoxicated, or that aDd. r Con which the license was S'<°r n &fuifiued ma r iefac" 2m* *"?° Now, M " were, for one , ] Emitted that the Licensing Com*. contended they V"> 3dtblCigbtitbesaid on their «Ath^fthev could issue a license on VA^^.hof the licensee should not 5 H tiOn t St he should not sell whisky ii"^1 Moot sell rum, that ho should %esl«> ald [flU he should not sell any mtffan aversion Or, to put it _» *"? : iLnsed house should have a *thß^motth a n6feetby3 feet 5f fKI feet, or that no bar should <***% counter, except a counter '>" Jr inches in width ; or no bar iif& *aa . or any other article Jj^ntun a e irS BU Ob m itted that they j fDniit nre- , power> • Where section >« o Boper Pate was, no doubt, in ;f iatendW l" fj i g that a condition irectl°nt to the effect that before a three weeks, the licenses Provide an extra sitting-r001"' °r jmu P r"" , nrnvida some other articles that he should in- «*"*!? rize of hiß bed-rooms, or somef* 889 t rtft kind. But that they should W«Entitled to lay down a condition the.due exercise by hotelf* n( hia calling in accordance Del** Act and what he considered *V M« own purpose was, he submitted, £'for. bl According to clause 4of the **I [public bar or bar means andinW " £ room, passage, or lobby in any * L nremises open immediately to any fc . hihway, public-house, or public ■"* kfare wherein the public may enter *fS£ liquors," Now, the sergeant Pfu«S the argument that the words -mrMcliately" rather referred to the "C 321 to "the bar. But he sub'2tb»tthß words "open immediately *.j niir refer to the bar, and it waa cvi- . (hat tbe intention of the Legislature _Lded upon that well-known lease of P«SI value that all places opening •^Stolv upon a public street, whereby rtffitioM ueed inside the place ■w be perceived by passers by, were 'I valuable for the purposes of trade than Slpawg". or lobby in the interior f to rw««> the hotel-keeper was not ,-M under his license, to show his to tbe public and enable the public Tit them immediately from a public sund there purchase any article, except uy should first pass through some division, ,«^age, or lobby Should there be «than one place where ths publican s m were publicly displayed and sold, Tan extra fee was demanded by the 7? He submitted that this was the true Linjof the interpretation given to the !d "bar" in the Act, and that it was Zdr intended by the Legislature that if had a license, that license entitled to sell liquor upon the whole of his ased premises, and that it was only iienrd to the word " bar" that he -nldiiot have that permission without an a fee for any more that one room which Md immediately upon any public street otboronghfare without the consent of the ktame authorities. Now, in this parBtilarcasei His Worship had inspected to premises, and what he submitted was ja that in no sense could this room which inspected, come within the gnition of a public place or bar, for ffij Worship would see that opening on the nojjtlierewasa passage or lobby extend; Mjome fourteen feet in length and six bt six inches wide, which had to be passed before the bar could be reached, and (Ttnthen, there were awing doors to be ml which opened into the room where lis liquor was sold. Now by the nrd "bar" it would be »eon that I tin defendant sold liquor in that passage ilobby to the public, then undoubtedly be Bald be committing an offence under the

Jet But bo long as the room, paasage, or bbby where the liquor was sold did not pi immediately on to the Btreet « public thoroughfare, then there tamittee had no right to interfere under IMS section. By the interpretation also liunof the word " bar " by the Licensing Committee tiny seem to put upon it a ttiition of this kind : " That so far as the alt of liquor is concerned in a particular room they would have no objection

, v ii, bat that if a row of bottles tsre shown upon the shelves, and As liquor was immediately taken, the procsdbg wonld be illegal. Shortly 6tatod : jspposiDg there were liquor in bulk contained in that room, and the liquor were retailed from that bulk to the customer iinotdiately, then, according to tho Comsdttee, there wag an offence under the act. Hey would have no objection, however, if tijrastomer remained in the room, gave ai< order, and allowed the waiter ro proceed uik Queen-street bar, obtain the liquor squired, and bring it back to him through las paasatje. That would not be a breach s'ita Act, bat the breach would consist in j-siact of the barman or barmaid taking !;»b from a Bhelf in the room the bottle, nA supplying the customer immediately tafit That seemed to be the whote obption raised by the Licensing Committee iShregard to what are called private bars, !«», ho snbmitted that there was nothing linteyer in the Act justifying any such nutation, The whole moaning given to the tord"bar"or "pnblicbar " was that conoid in the definition used in the subWim of Clause 4 of the Act. If His "whip should bold that the room in ™eh thsliqaor was supplied, in this case, «Wed immediately upon a public street Bt thoronghfare, then the defendant was Wonbtedly liable und6r section 164 ; but "«he submitted, His Worship must hold Wit was a room which did not immedijWytpen into a jraplic street or thoroaghwj then no offence had been committed. Wrtunattiy he had no authority produce in the matter. He was inJJJJW • that ■ the same point arose at "Wchurch in 1877, before M\ Justice «Hton: that the aatne objection was *™> and that, after hearing argument, * Justice Johnston held that the room, % lobby, or passage in which liquor ■» supplied must open immediately f* a public thoroughfare, otherwise "•Mace was committed by the person ™ supplied the liquor. He had been «* to find the case in the Law Wt, bnt peculiarly enough, the de™™»t in the case referred to was also M^Mtned Barrett. iimlJ j *gher here that he retim vf *he case in question, aa at the rj^.ww acting for the Licensed Vie"""m in common. jT^rwent on to aubmit that the ?% of the interpretation clause of the bl. j ear no other meaning than that "l^F* npon it, and that the words feS^tely open" had been put in """tonally an d advisably to show T»« publican could have as sZ "oms aB he liked, wherein, j3 to bedrooms, he might sell jjW..and that so long as he did not sell Saed'M Ore than one room which opened (JJp*1? n Pon a public place, he comu^ai breach of the Act, even though tofL 8O?lthout the consent of the Licens ir Dmi ttee' without an extra bar. B «TOnt Pratt having briefly replied, "onmjp said it seemed to him that he «W•« f m?J° no other conclusion than iLz^toition of a "bar "was to be SuiiliJ ,wit *lin the ordinary meaning of i»i«? 8 tbe Act > which provided that it v, KrT an? loan> Passage or lobby in 'P0«» f Premiaes open immediately ™»«treet or public thoroughfare, and bo ito,, n ?. w °™s following after room, pas**Zi iJ y> refer«d to, and qualified %*nT- °nleßß the rOom' PassaSe or *fcj, « m the licensed premises, and jW™'Mediately upon a street or highSut'eb, f euoh the Publio might enter "bar" v Parohase liquor. It was not a "Ma'maf- °wi this room in respect of which kST hac* been raised did not open to the street, but there was a H& IJ 80?>e length intervening. He did "Wmiwi • ore> that he could come to any ft b« •> fTJ h&n ***** this room wae not Went t ,oult y was raised by tbe en*hithC i c Sensing Committee, tint "ffL • d not understand. It said 01 inwl?« vat<> or other bar for tho sale ""ff^f6 liqaorß Bhall be used in VlntTh ..nsed Premises." What a ""«• Hei?!? aB he was not quite »Bi. oa ? ot know what a private bar Ntake^ T B'were public bars. He S" than VL° t VQ <» mean other public Sime hi ?l mentioned in the license. IH cene thought the prosecution must Pratt, His WortCjll*Mnter« • deoiaion meant that on f^w in O ptem}Bß« there should be only 11100 with the Aofc- He l""»'tt»to ai this decision woi'ld .^.•mm agaißßt Leech and Luke.