WHAT IS A RESTAURANT?

Dominion, Volume 13, Issue 268, 6 August 1920, Page 7

WHAT IS A RESTAURANT?

MAGISTERIAL DECISION. Resoryed judgment was delivered yesterday morning by Mr. J. S. Evans, S.M., in the Court, in the action bfought by the police against D. Dustin for allowing liquor to be consumed in Dustin's Hall. Cuba Street, when a social function was held tliero by a Government Department. Tho information was laid under sub-section 1 of section 11 of the Sale of Liquor Restriction Act, 1917. It was contended for tho proseoution that tho hall was part of Dustin's restaurant, and the prosecution rolied on the definition of "licensed premises" in section i of the Licensing Act. After reviowing the legal aspect of the mat'.er, tho Magistrate said: "The definition of 'premises' in tho Licensing Act applies mutatis mutandis to a restaurant, out the mere fact that ft room is in tho saino. premises does not necessarily make it part of tho restaurant, fin (order to malco any room in a building part of a restaurant it must 'belong or appertain' to tho restaurant as part of or as an adjunct to the place where food or refreshments ara provided and sold to the goneral public.' His Worship hold '.hat on tho facts the hall was not part of the restaurant. It was never open to tho general publio for meals. It was Boparate< ly let to tho persons who nsod it, and who had the Bole right to occupy it for the tiino. Tho Magistrtirto decided that no offence under section U had beon committed, and dismissed the information. At the hearing Sir. M, Myers appeared for the defendant.