LIQUOR ON SUNDAY

Evening Post, Issue 12, 14 July 1936, Page 18

LIQUOR ON SUNDAY

CASE OF HOTEL OWNER

MAGISTRATE'S RULING

(By Teloßrapli.—Press Association.)

PALMERSTON N., This Day

The point as to whether the owner of a hotel as distinct from the licensee had the privilege of being on the premises after hours and inviting a friend to participate in a drink was debated before Mr. J. L. Stout, S.M., in court yesterday. The Magistrate said he could not. Another interesting point decided by Mr.'Stout was whether a butcher who delivered meat to a hotel from a cool store on Sundays could be said to bo on the premises legally. Again the Magistrate answered in the negative.

Arising from a police visit to a hotel on a recent Sunday E. A. Fearnley was charged with selling liquor after hours. J. Hickey with supplying liquor after hours, and J. L. Bennett. T. Harris, and S. W. Jones with being found on licensed premises after hours.

For the defendants Mr. A. M. Ongley said the facts were not in dispute. Bennett was running the hotel through a manager, Fearnley, and had invited Harris to have a drink with him. Bennett owned the hotel and no money passed that morning. " He had been there for the purpose of taking stock.

The Magistrate pointed out that the licensing committee had had to get Bennett out of the hotel.

Mr. Ongley: But only as licensee.

The Magistrate: The idea was that he had to keep off the premises. If he wants to transact business there, he can do it during the hours the premises are open.

Counsel: But he had a right to be there for business purposes.

The Magistrate: But not in a bar drinking. From the evidence Bennett met Harris outside and invited him in for a drink. The licensing committee had to get rid of Bennett because he committed too many breaches. There was no animus against him but it was becoming a scandal. We had to get him out of the place.

Mr. Ongley said that Bennett tried to get someone to take over the licence and had to conduct the hotel himself.

The Magistrate: Then let him do it during the hours he is entitled to be on the premises, i

Counsel stated that as far as Jones was concerned he took meat there on Sundays from his cool store and it was the usual practice for him to get a glass of beer free.

The Magistrate asked what right he had to carry on business on Sunday.

Counsel said that was another question.

The Magistrate: It is not. If he delivers meat on Sunday he is illegally there. What he did was a breach of the Act. .

Counsel: It is not a contravention of the licensing Act but a breach of the award.

MUST BE ILLEGAL,

Mr. Stout: He can't be legally there if he does something the law of the country says he is not entitled to do, that is, carry on business on Simday.

J. L. Bennett gave evidence that the stock belonged to him and every Sunday there was a stocktaking; That was a recognised practice in hotels for Sundays. He had meals at the hotel but slept away. He invited Harris to have a drink of the liquor that belonged to him as owner of the stock. Jones always delivered meat every Sunday, keeping it from Saturday in a refrigerator, which the hotel did not possess.

The Magistrate said he could . not see how an owner disqualified as licensee was entitled to go on hotel premises when they were closed. Bennett and Harris would be fined £2 each and 10s costs. Hickey, the barman, had no right to supply liquor at Bennett's request. The licensee was the man in charge of the hotel and the. one who had to be considered. It was hard on the barman in the circumstances, but he would have to be fined £5 and 10s costs. Fearnley, the licensee, did not know what was going on and the charge against him would be dismissed. There was no reason why the butcher should not be fined as he had no right to be on the premises on Sunday. He would be fined £2 and costs 10s.