NO-LICENSE AREAS.

Clutha Leader, Volume XLI, Issue 2, 14 July 1914, Page 6

NO-LICENSE AREAS.

AN IMPORTANT DECISION. . MAGISTRATE >S DECISION REVERSED. The decision of the magistrate who dismissed the information recently laid against the manager of the Club Hotel, Invercargill, for'keeping premises as a resort for the liquor, has been, reversed by his Honor Mr Justice Denniston, who holds that an offence has been created. The defendant had one of his rooms fitted up as a temperance bar and supplied glasses, soda water and such like beverages, charging 3d for use of the glass and 3d for the soda water, customers providing their own alcoholic beverages. His Honor said sub-section 1 of section 37 makes it illegal to keep or use any building, room or other premises in any no-license district as a place of resort for the consumption thereon of intoxicating liquors. A room in defendant's hotel is, with his knowledge and consent, habitually used by a number of persons as a place of resort for the consumption of , intoxicating liquor therein (or, in the language of the sec■tion, 'thereof'). Defendant supplies these persons with glasses, for the use of which a charge of 3d is made. They can also be supplied with soda water or other beverage (not intoxicating, of course) at 3d a bottle. It is not stated that it is compulsory to take and pay for such beverages. Tf that were the fact, I think it would have been stated. In my view of the matter, however, that point is not essential. It is obvious that but for the facilities thus afforded for the consumption of intoxicating liquor, these persons would not resort to this room and bar. If a person keeps or uses a room for the purpose or purposes for which he knows it is resorted to, it is immaterial —on the question of keeping or using—that he may also keep for sale non-intoxicating bever* ages. It is, of course, in his power to forbid and prevent a breach of the law by persons consuming intoxicating liquor in the room. The occupier and every person having or taking any part in the care, management or control of the same are severally liable to a fine not exceeding £2O for every day on which the premises are so used. Persons found on an}' premises so kept or used are liable to a line of not less than £O. I do not see how the conduct of defendant can, as found by the magistrate, be construed as only permitting the place to be used as a resort. To my mind he clearly keeps it for that purpose, although not for that purpose solely. The appeal will be allowed, and the case remitted to the magistrate. Complainant will be allowed £7 7s costs."