A LICENSING CASE

Gisborne Times, Volume VIII, Issue 537, 3 October 1902, Page 2

A LICENSING CASE

QUESTION OF CLUB CHARTERS.

By Telegraph—Press Association,

Dunedin, last night. In the Supreme Court, the ease was heard of I’iank v, Mclllvoney, an appeal from the decision of the Magistrate at Invercargill, who convicted the appellant of an offence against the Licensing Act. The question was whether an unchartered Ciub could supply members with liquor for monetary consideration. Defendant, who was steward of the Commercial Private Club, was found guilty of a sale. Mr Justice Williams, without calling on tho respondent, said he had no doubt the decision of the Magistrate was right. He apprehended that in tho Act of 1893 a charter was equivalent to a license, and that the sale in a Club without a license would be within the meaning of section 159 of the Act. There was nothing in the Act for granting charters to Clubs. Section 59, on the authorities of English cases, would not prohibit such sale. The distinction between tho English cases and the present one is that in England tho section corresponding to section 159 stands alone, and that there is no reference in the English Act to licensing Clubs. Our Act, on tho contrary, in addition to section 159, contains a provision for granting charters, which are equivalent to a license. Tho appeal was dismissed, with ten guineas costs,.