UNUSUAL TERMS IN LEASE.

Auckland Star, Volume LX, Issue 61, 13 March 1929, Page 8

UNUSUAL TERMS IN LEASE.

RIGHT-OF-WAY THROUGH BILLIARD SALOON. COMMENT BY MAGISTRATE. (By Telegraph.—Own Correspondent.) WAIHI, this day. Unusual circumstances surrounded a charge made apainst a local business maJi of iK'ing found in a billiard saloon after hours. Defendant produced a lease which gave him a right-of-way to a lavatory and conveniences attached to the billiard saloon, and which necessitated his passing through the billiard room. Defendant's place of business is under the same roof as the billiard saloon. The manager of the billiard saloon was also charged with permitting a game to be played after hours. The principal wit no* for the prosecution was Constable Kiranier, who said lie was not admitted to the saloon at once when he knocked. He heard a sound as if a game of billiards was being played, but lie did not see it. Ho found full bottles of beer and some •'empties" in the lavatory. The defence was to the effect that the saloon was closed at the proper time, that the noise heard by the eonstable was caused by the gathering up of balls following a game of pool: that defendant, charged with being illegally on the premises, was there at the invitation of the saloon manager to have a drink; and that defendant claimed the right, under his lease, of access to the conveniences attached to the billiard saloon. In giving his decision. Mr. Platts, S.M., said both cases would be dismissed. The police should draw the attention of the local licensing authority (the Waihi Borough Council) to the extraordinary position of the billiard saloon, under which a breach of the law was connived at between the parties. Such a position ghould not be tolerated by the local authority.