WHISKY AND SODA.

Auckland Star, Volume XLV, Issue 163, 10 July 1914, Page 4

WHISKY AND SODA.

THE nrVERCARGILL CASE. MAGISTRATE'S DECISION OVERRULED. (By Telegraph.—Press Association.) I>TVERC'ARGILL, Thursday. In liis juclpment in the Club Hotel ease. Mr. Justice Dermiston upholds the appeal from the Magistrate's decision. The case wae an appeal from the Stipendiary Magistrate on his dismissal o! an information charging the respondent that being nranager of the Club Hotel at Invercarpill he did keep such prcmisjos as a place of resort for the consumption of intoxica-ting liquors. In the coiuwe of hi-=i decision, his Honor said:— -A room in the defendant's hotel ij, with his knowledge and consent, habitually uned by a number of pereons as a place of resort for the consumption oi intoxicating liquor therein. The defendant T-npplies these persons with glasses, i for the HBO of which 3d is paid. The? can al.»o be supplied with soda water, or other non-intoxicating beverage?, at 3d a bottle. It is not stated that it a compulsory to take and pay for such beverajres. If that were a fact, I think it would have been stated. In my view of the matter, however, that point is not pftscntial. It is obvious that but tor the facilities thus accorded for the consumption of intoxicating liquor, these perfor.s would not resort to this room ot bar. It is immaterial on the question of keeping or using that he may also keep for sale non-intoxicating beverages. It i-, of course, in his power to forbid and prevent a broach of the law by person* consuming intoxicating liquor in the room. The occupier, and every person having or taking any part in the care, management, or control of same, are severally liable to a:fine not exceeding £20 for every day on .which the premise? are used. Perstrae found on any premises so kept or used are I liable to a fine of not less than £5. I do not see how the conduct of the defendant can. as found by the Magistrate, be construed as oniy permitting the place to be used ac a reeort. To my mind, he clearly keeps it for that par-po.-e. although not for that purpose solely. The appeal will be allowed, and the case remitted io the Magistrate." The complainant was allowed £7 1/ cost-.