SCOTTISH GATHERING.

Auckland Star, Volume LIX, Issue 98, 27 April 1929, Page 20

SCOTTISH GATHERING.

IN RESTAURANT LOUNGE

LIQUOR SUPPLY HELD LEGAL

(By Telegraiih.— Own Correspondent.)

DUNEDIN", Friday

On the evening of January .'lO the Scottish societies of Dunedin entertained Major and Lady McCrae. who were then touring the Dominion, at a social gathering in the Savoy restaurant. A small quantity of liquor was consumed, and as a result the proprietor of the restaurant, Phillip Barling, was recently charged with allowing liquor to be consumed in the restaurant.

Mr. H. W. Bundle, S.M., delivered his reserved judgment in the case, to-day. After reviewing the evidence, he said the question resolved itself into one. of fact —whether the Somerset lounge of the Savoy came within the definition of a restaurant, bearing in mind the extended meaning given to "premises" by the interpretation clauses of the Licensing Act, 1008.

It might well have been, said the magistrate, that members of the public were invited to attend by the society to which the lotuige was let, but it was not the general public which was invited. It was only those members of the public vvho had a wish, to meet and honour the guests of the evening. They were invited for that purpose, and if they went and paid the admission price they did so for that purpose, not for the purpose of eating and drinking.

After careful consideration the magistrate held that the Somerset lounge was Pot a restaurant, and the information V.as (Jismissed.

On a second count Barling and another person were charged with selling liquor to a constable without being licensed to do so. The magistrate held that as this liquor was supplied by a member of the Scottish Society at his own expense no sale had taken place, and this information was also dismissed.