GAMBLING ON LICENSED PREMISES

Evening Post, Volume XCV, Issue 70, 22 March 1918, Page 8

GAMBLING ON LICENSED PREMISES

A CONVICTION RECORDED.

MEANING OF "GAMBLING."

At the Magistrate's Court to-day, Mr. S. E. M'Carthy, S.M., delivered judgment on five charges brought, against Francis Joseph Oakes of permitting gambling on his licensed premises, the Duke of Edinburgh Hotel, in January and February last/ After, reviewing the evidence, his Worship said that although defendant had circularised his employees not to countenance, gambling on licensed premises, the inference he drew from all the facts and from defendant's demeanour in giving evidence was that the circular quoted was intended not for practical use but for production in Court. Notwithstanding the notice, Winter,- an employee, and a barmaid named Billy acted on the licensed premises as the agents of a bookmaker named Wales. W,inter himself also carried on the calling of a bookmaker on the premises. Defendant's evidence was that on no occasion when he visited the bars did he detect the least sign of betting. His Worship said he could . not .take that evidence seriously. .Defendant's supervision was either wilfully blind or woefully lax. The inference to. be drawn from all the evidence and circumstances was that Wales was habitually using the private bar for the purpose of; betting, with the full knowledge and consent of Winter and the barmaid. There was no direct proof that defendant ever had knowledge of any act of gambling, r ."There are," added his Worship, "three words between -which we must distinguish, namely, gaming, betting, and gambling. Gaming is the playing of any game for stakes; betting is risking stakes on the play of others, or on some, contingent event. About these there is no- dispute. There is a clear-cut distinction between betting and gaming. Gambling, in common parlance, is the risking of stakes on the result of a contingency, and includes both gaming and betting. The word gambling has, in the course of years, acquired a generic signification, and in the absence of any express decision to the contrary, its ordinary signification must be the meaning it receives from the Courts.. For what reason has .the Legislature adopted the term gambling' instead of gaining if it were, not to give the former its extended meaning? It was contended that it would be monstrous to construe betting on horse racing as gambling, as it might lead to >a licensed house being declared to be a common gaming house, and to an endorsement of the license. The 1 reply to this is that if a licensee chooses to so manage his business as to bring 1 on himself the terrors of the law, he must put up_ with the consequences. The informations each allege permitting or conniving. -The informations will be amended by striking out the word 'connive.' There will be. only a conviction in respect of the last:date, namely, 2nd February. 1 shall treat the evidence tendered in respect of each of the other informations as merely disclosing the state of defendant's mind towards the gambling_ activity in progress on" his licensed premises during the dates alleged. With regard to the fine, I have arrived at a decision contrary to that already given by another Magistrate. It is only therefore reasonable that the ' substantial question at issue should be treated as a test case. If defendant is satisfied with an appeal on point of law the fine will be one shilling. If he wishes an appeal on point of fact, the fine will be £5 Is. Defendant will be convicted and ordered to pay costs. There will be no endorsement."

Mr.' M. Myers, who appeared for defendant, gave notice of appeal, for which security was fixed.

A young man, William White, who foolishly elected to stand on the platform of a tramcar after being requested to move inside by the conductor, found that his action cost him five shillings and costs, tlie' penalty imposed by Mr. W. 6. Riddell, S.M., at the Magistrate's Court this morning. It he does not 'pay the fine White ivill be sent to gaol for twenty-four "hours.

The Minister for Internal Affairs, who had suggested that the committee should hold over the erection of the Martin Memorial at Palmerston North Hospital until after the war, has now acceded to the committee's request. A £ for £ subsidy is to be grantad, and the work will be commenced booh,