THE LICENSING ACT

Evening Star, Issue 19381, 15 October 1926, Page 5

THE LICENSING ACT

AH APPLICATION REFUSED [P!br United Press Association.] CHRISTCHURCH, October 14. An application was lieard to-day by Mr Justice Adams to have a licensing case remitted to the Magistrate’s Court. The magistrate (Mr H. A. Young) had dismissed a charge against Patrick Polar gey, of the Empire Hotel, of selling liquor to persons not entitled to bo supplied. The application to-day was that the case should be remitted to the magistrate to hear a charge against I)e----largey of aiding and abetting. The application was in the nature of an .appeal against the magistrate’s decision. His Honor said it was alleged that the offence was committed on June 18 last. If the defendant was now charged tujier the information issued it would be too late. It would be improper to refer the case back to the magistrate •with a view to the charge being made under another section of the Licensing Act, and the power of the court to refer the matter back under section 296 should not be exercised in any case in which the effect would he to put a person charged in a worse position than he would have been but for the reference. The application would bo dismissed-