AFTER HOURS

Evening Post, Volume CXII, Issue 131, 30 November 1926, Page 9

AFTER HOURS

SMOKE CONCERT ON LICENSED

PREMISES

PEOPEIETOE CONVICTED.

(By Telegraph.—Press Association.)

GEEYMOUTH, 29th November.

On 19th October a reunion smoke concert was held in the Post Office Hotel in connection with the Greymouth main school jubilee celebrations. Tho licensee of the hotel (J. W. Wingham) was charged a fortnight ago with allowing liquor to be consumed on the premises after 6 p.m., although it had been purchased before that hour.

The police contended that a permit issued under the Licensing Act p_rovided merely for the use of a room, and did not allow the consumption of liquor.

Mr. W. Meldrum, S.M., reserved his decision, which he gave to-day. He said that tho defence contended that during the time the room was hired it was outside the licensee's control, and for the time being ceased to be part of the licensed premises. Section 164, however, gave the hire of a room only. The exclusive control over admission to such room was independent of or unconnected with the proprietor. The right of the licensee was:not restricted beyond depriving him of the right to interfere with tho admissions to the function. His rights otherwise and his liabilities under the Act in respect of the licensed premises were not affected at all. Section 164 did not relieve him of any liability under section 190. If, therefore, he knew of or connived at the consumption of liquor on the premises after hours by persons not law fully entitled to be supplied with it, he was guilty of an offence under section 190. The licensee, though aware of the consumption going on, believed it to be lawful. He would be convicted and ordered to pay 7s costs.