SUNDAY CONCERTS

Dominion, Volume 26, Issue 182, 29 April 1933, Page 5

SUNDAY CONCERTS

Cabaret and Restaurant Charged EVIDENCE IN TEST CASE A. test case to decide the legality of Sunday night concerts at cabarets and restaurants was heard before .Mr. E. Page, S.M., in the Police Court yesteiday, ’when Douglas Erie I’ankhurst, Claude David Hassell, and Maurice Macey, joint proprietors of the Mayfair Cabaret, and John 11. Barnett, ofbcia receiver for the Ritz, Ltd., were ehargei with keeping open on Sunday for the purpose of transacting business. Su )- Inspector Martin prosecuted, and Mr. M. O. Barnett appeared for the defend-ilUSub-lnspector Martin said that the charges were laid tinder the Sundaytrading section of the Police Offences Act- His contention was that the Mayfair aud the Ritz, both of which had been running a series ol Sunday night concerts, bad been opening for a double purpose, and that as refreshment rooms they were not entitled to open on Sundays for the purpose of holding concerts. City Authorities’ Powers. Under section 309 of the Municipal Corporations Act. he said. i>ower was given to the city authorities to allow Sunday concerts under certain conditions. No conditions appeared to have been imposed by the council in these cases, except that the programme bad been approved. Counsel for defendants submitted that permits bad beet) granted to bolt) defendants by the City Council, which bad also approved of every item on the programmes. Therefore, be contended, the entire performances were under municipal control. He intended to put in as evidence defendants’ licenses as eating houses, the permits granted by the City Council, and newspaper advertisements, which, he added, had never referred to any charge being made for the concert portion. Mr. Barnett was of opinion that they were concert-sup-pers and not supper-concerts. This innovation at the establishment, he concluded. was introduced for the purpose of enticing custom. Systems of Payment. The sub-inspector said that at. the Mayfair one paid 2/- on entering and received a ticket. This ticket, was collected later in the evening when the waitresses served supper. This would be done during an intermission in the concert programme. The system at the Ritz was similar, with the exception that the charge on Sunday nights was 1/0. Defendant stated that the charge was made at the door on Sunday nights because it was found to be an easier method of handling the cash taken. This method was adopted on holiday nights also. According to defendant, I’ankhurst, it was the policy of his establishment always to take the money at the door. The magistrate said he would take time to consider the case. Three Months’ Gaol Nine charges of theft, described by Detective-Sergeant Revell as ‘‘particularly mean thefts,” were admitted by John Ritchie, aged 22. He was sentenced to three months’ imprisonment on the first of the charges, aud was convicted and ordered to come up for sentence within three years if called upon on the others. Eight of the charges were for thefts of jewellery and other goods, valued at £29/10/-, from Harriet Elizabeth Gordon, and the other was for theft of a watch valued at £2/5/-, the property of Raymond Y r . Butler. Mr. Revell said that for some months accused and his wife rented a room at Mrs. Gordon’s house. During that period accused stole a number of articles from the house and sold them in the city. He took the watch from Mr. Butler’s house. When interviewed by the police, he said that lie had spent the money on pakapoo. Accused, Mr. Revell added, had previously been placed on probation for twelve mouths for theft. Sunday Trading Cases

On charges of selling goods on Sunday, Ernest George Offer was lined £1 and costs, and Lance Terreni. Gweneth Flanagan and Rachael Judge, 10/each, and costs. Alice Bissell and Helena Groundsell were each convicted and ordered to pay costs 10/-. Rachael Judge was also convicted and discharged for supplying cigarettes io a youth under the age of fifteen.

Desertion front Ship Arrested at. Otira on a charge of deserting from the motor-ship Astoria, at Dunedin, Richard George Tomlinson, aged 25. was convicted and an order was made for his deportation. On a charge of using insulting language in Taranaki Street. Alexander Carr was convicted and ordered to pay costs, £l/1/-. His fifth offence of drunkenness cost John Joseph Poland, labourer, aged 08. £2. in default 11 days' imprisonment. Onslow H. Benge was convicted and discharged for delivering possession of a firearm without a permit, and Thomas ,T. Chapman was similarly dealt with for procuring possession of a firearm without a permit. Failing to Register Guisoppe di Mattlua was fined 10/-, and costs, for failing to register in compliance with tile terms of the Unemployment Act. On a similar charge, Antonio Aprca was convicted and discharged. For striking Herbert Inkster in Cuba Street, Francis D. Orr was convicted and discharged. The use of indecent language in Glenbervie Terrace resulted In Jenette Dowson being convicted and ordered to come up for sentence within twelve months, if called upon. A fine of £2 and-costs was imposed on Frartk o'P.rien. barman-porter at the Panama Doted, who was charged with wilfully obsl riieling Sergeant Black and Constable M'ilson in the lawful execution of their duty.