TEMPERANCE BARS.

Press, Volume L, Issue 15016, 10 July 1914, Page 8

TEMPERANCE BARS.

INVERCARGILL LICENSING CASE. APPEAL ALLOWED. (FKESS ASSOCIATION' TELKGRAK.) INVERCARGILL. July 9In.the judgment in the Club Hotel case,' Mr. Justice Deunisten upholds the s appeal from the Magistrate's decision. i His Honour said: —•'"'This is an appeal > from a Stipendiary Magistrate on his - dismissal of ah information charging - respondent that being manager of pre. . niises'known as the Club Hotel at Invercargill, ho did keep such premises I as a place of resort for the consuinp- ■ tion of intojucat:ng liquors. The information was laid under Section 37, subi section 3 of the Licensing Amendment , Act, 1910." Alter quoting tho whole section of the Act, his Honour goes on to say: —"Tho i'r.cts are not in dispute. They are thus stated by the Magistrate: —(1) The deI fondant is Jandlord of. and has control jof tho promises known as the Club I Hotel, invercargill, which is a No- { license district under the Licensing Acts:' (2) one of the rooms of tho said C lub Hotel is fitted up as a so-called temperance' bar, where no alcoholic tiquors are obtainable; (.J) this bar is used as a resort by many persons who bung with them alcoholic liquor whi-'h. *icy consume thero, and the l>ar was so used between March 7th, 1914, and May 2nd, ii)l4; (-1) defendant customers with glasses and soda-water suxl suchliljp beverages, charges thorn 3d for tho «so of iho glass, and 3d for each bottle of soda-water or other beyin?ge supplied. Tho Magistrate finds that this must mean, or at least include, that the room in which the bar is fitted up (which is part of defendant's ].iemiscs).'& the resort of numbers of persons whose main object, in many instances, at all events,, may be said, without any breach of charity, to bo the consumption of.alcoholic liquor, which they bring with them ; further, that the evidence shows that this use of tho bails not occasional, but frequent. ■ Ho finds on these fact's and inferences that rho defendant did not 'keep 1 this bar, that is this room, as a place for the consumption of intoxicating liquors. Ho says that if the Act had made the permitting a, place to boused as a resort for. tho consumption of - intoxicants an offence, tho defendant must have been convicted.: He refers to:tho distinction -.vhich the Licensing Act draws botween offences- which consist in permitting ceitain .things, arid that other class of offence which, consists in doing certain '. things, nnd. adds, .that there is no ground for confounding the one with the' other. He concludes thus:-—'Horo ; tho: thing prohibited is keeping prem- ' ises ' for . a certain purpose. It is, 1 think,.the purposofor whick defendant keeps-this bar,, and not the purpose which other.pebple' may have in coming there*which is tho 'essential point. Now it"is Jibt' only not suggested that r.ho keeps this, bar for the purpose of/ tho consumption of : intoxicants there, but ? siich. a view -is expressly repudiated by the prosecution.' If the offence; had been keeping or using the ; room wholly for;the, purpose forbidden, ' I should 'Concur'in'this Reasoning, but ' this ''s not the case. Sub-section 1 of ' taction 1 3? makes it. illegal to keep or ! tiseany building, room, of other pre- ] nlises' iri; any No-license district as a place; of consumption thereon of;ihtoxic;ati&g liquor. A room in the", defendant's^hotel is, - with nis < knowledge and consent, habitually used ' by; a," number of- persons; as a place of ] lesbrt' fprthe consumption of intoxicat- < therein.; Defendant supplies i these-persAis*;with,.glasses, for the uso < of--which, a, charge of threepence is 1 made: They -can \ also; be supplied with ' sbda-rwatef or other' beverage (not intoxicating,,of ,at 3d a bottld; I:/'is .hdt;,stated -that it' is compulsory s to-takerany such.beverages, if * that -were the', fact"l think it would have been' stated.' Inxmy'view of the is not essential. .•;; It '_s obvious 'that but for the facUitiesthuiß^afforded.for the cdnsump- - tibnof intoxicating licfubr these persons j would not:res6rt to,this, room and bar. ' A_; person;; keeps or uses a room for • the, purpose.or-pAir^oses' for which ho i knewsjit'isre&drted to. It is imma- \ terial 4 to' the.; question' of J keeping or \ using that *he.may -also keep for sale I nopimtoxicating-: beverages. It is, of J 'cpnrse. : 'in his'power-to.,forbid and pre- c vehijsL^breach'; of the.'-law'''-by:persons r corisuming; intoxicating-- liquor m the s W'j?- .'To* occupier; and every person c Aaving takenrfauyCpart in.-*the care, -j management; '-, or control of: the same, t are severally liable to a fine not ex- i ceediiig. twenty, .pounds .for every day t on which the premises are so used. Per- i sons found;on'any;premises so kept or v used are liable'to a.fine7of not less tharf five pounds: I' do hot see how the con- s ductof the can,' as found by t tho'Magistrate^'be.construed as only t as such t aTesort' To'niyJrhihd he*clearly keeps f it for-that 1 purpose, -although not-for a - - y ;"Theapj>eaT:wilibe allowe:!, arid the ' case will 'be remitted to the Magis- n trato; will have £7 7s c costs."- ,■"'■■', •■; r -V"-.."• .-,'".;•.. 7-:^.'• c