Charges Dismissed Against Licensee

Press, Volume CII, Issue 30125, 8 May 1963, Page 16

Charges Dismissed Against Licensee

(New Zealand Press Association) INVERCARGILL, May 7. Licensing regulations under which Bryan Philip Evans, licensee of the Las Vegas Restaurant, Invercargill, was prosecuted were ruled to be invalid by Mr J. K. Paterson, S.M., in a reserved decision given today. Mr Patterson dismissed three charges against Evans.

Evans faced the charges in the Magistrate's Court at Invercargill on August 3 and 5 last year. The charges were Drought under the Licensing Regulations, 1949, and under section 190 of the Licensing Act, 1908. He faced two charges of failing to remove all liquor bottles from the restaurant dining room by midnight, and one cnarge of allowing liquor to be consumed in the dining room outside the times during which liquor may lawfully be consumed in licensed restaurants. The charges resulted from police visits to the restaurant in the early hours of the mornings of August 11 and 26 last year. The Magistrate said that he took into consideration a decision on the . same matter by Mr J. A. Wicks, S.M., of Wellington, with whom Mr Patterson concurs in his judgment. The defence (Mr C. C. Fraser) relied on two main representations, said the judgment. It said that only one of these needed to be considered, since “I have arrived at the conclusion that the firs' defence is well founded in respect of both regulations for the reasons set out in the judgment of Mr J. A. Wicks, SM.” No Basis in Act The defence contended that section 190 of the Licensing Act, 1908. had no application to the licensed restaurant and that regulations 25R and 25S of the Licensing Regulations. 1949, amendment No. 4, were ultra vires, that is, they were invalid, since they had no basis in the 1908 «et ut.der which they were made. The regulations were ultra vires because, in respect of regulation 255. that regulation purported to apply to section 190 of the Licensing Act. 1908, with some modifications, so as to create a new offence. Regulations 25R (1) and (2) were ultra vires as

(creating new offences entirely under the regulation, the statutory power for which did not exist. "... It is not possible on the present state of the law to point to any statutory authority prescribing the time when a licensed restaurant is required by law to be closed,” the Magistrate said. He added: “It may be that there are other remedies available in respect of the F resent established facts, but express no opinion on that aspect of the problem. The present informations, being under invalid regulations, are consequently dismissed,"