HOTEL LICENSEES PROSECUTED

Press, Volume XCI, Issue 27669, 27 May 1955, Page 14

HOTEL LICENSEES PROSECUTED

TRADING ON DAY OF COMMITTEE POLL MAGISTRATE RESERVES DECISION Nine licensees of hotels in Christchurch were charged in the Magistrate’s Court yesterday with selling liquor between noon and 7 p.m. on March 8, this being the day of an election poll for a licensing committee. Sub-Inspector J. C. Fletcher prosecuted, and Mr R. A. Young appeared for all the defendants.

Mr Raymond Ferner, S.M., reserved his decision after hearing legal submissions by Mr Young. The defendants were Bernard Wallace Lawrence, Club Hotel: Leonard James Hill, New City Hotel; Leslie William Jamieson, His Lordships Hotel; Denis John Cremin, Royal George Hotel; John Fraser, Warners Hotel; John Green, New Albion Hotel; George Forbes Smith, Gladstone Hotel; James Reginald Bonner, Storeys Hotel; and Thomas Asp''’’. Eastern Hotel. Sub-Inspector Fiet "her said that the Licensed Victuallers’ Association had told licensees to close their premises on the afternoon of the licensing poll. The defendants opened their premises and were now charged under the Licensing Act.

The Magistrate: Was there a poll on State Control or prohibition? Sub-Inspector Fletcher: No. There

Mr Young: I submit it definitely was not a poll. The Magistrate said he agreed with that, but he did not see how counsel could get rid of sub-section 2 of Section 26 of the Statutes Amendment Act, 1946.

Mr Young said this referred to “an election” and an election was defined as an election of members of Parliament.

It was admitted that the licensed premises of each defendant were open on the afternoon of March 8, the day of the election of the Christchurch Licensing Committee, but it was submitted that they were open in compliance with the law, said Mr Young. The Licensing Act, in the relevant sections, dealt with a “licensing poll” which was required to be held at the same time as an election for members of Parliament. There was nothing in that part of the Act which even sug-. gested that licensed premises should be closed on part of the day when a ballot was held to elect a licensing committee.

Sub-section 2 of Section 26 of the Statutes Amendment Act, 1946, stated: “It shall not be lawful to sell intoxicating liquors in any licensed premises between the hours pf 12 noon and 7 o’clock in the evening on the polling day at any election.” The word “election” referred to an election of a member of Parliament. It had never beep suggested that hotels should close when Transport Board and Drainage Board members were elected.

As so often occurred with legislation in New Zealand, amendments were made to statutes in such a way as to create considerable confusion. Nowhere was this r-ore apparent than in the Licensing ' and its amendments. It was this ir- "siderate drafting and the following administrative misapprehension that appeared to have been responsible for the laying of the informations against the defendants, said Mr Young. It seemed that never in the history of New Zealand had it been necessary for hotels to be closed when a licensing committee election took place. Those hotels that had closed had done so on advice following a misconception of the law and any losses suffered were a misfortune.

Mr Young submitted that all the informations should be dismissed. The .Magistrate said there were principles involved and he would take time to consider his decision.