Not Even Licensees Wife

Hawke's Bay Tribune, Volume XVI, Issue 221, 4 September 1926, Page 5

Not Even Licensees Wife

MAY SERVE QUESTS AFTER HOURS. SUPREME COURT DECISION. ... Christchurch, September 3. According to the decision of Mr Justice Adams, even the wife ot the licensee of an hotel is not entitled to give liquor to her own guests after hours. "An eye-opener to all licensees,” was the term applied to the decision by counsel. The point arose as the result of the dismissal By the Magistrate of a charge ol supplying liquor after hours laid against Eve Lilly Low, wile ot the licensee of the Wellington Hotel, Christchurch. 'The charge against Mrs Low was that on December 9, 1925, being a person other than the licensee of the Wellington Hotel, she supplied liquor to John Elstob and Charles Strong, persons not then lawfully entitled to be supplied with liquor. Alter hearing evidence when the case came before him, Mr H. A. Young, S.M., dismissed the charge, being satisfied that the statements made by the defendant and the two men were true and that they were her bona tide guests. The Crown was not satisfied with the decision, holding that it was erroneous in point of law, and that no person other than the licensee was entitled to supply liqiuor, even to guests, after hours. The case was considered by His Honour Mr Justice Adams, who upheld the appeal and remitted it to the Magistrate to enter a conviction.

The case came before the Magistrate, Mr Young, to-day. Counsel said that it was quite clear that the law on this point was obscure, as the licensee’s wife, Mrs Low, was surely entitled to supply liquor to her guests. Mr Justice Adams had decided otherwise, but if that were the Jaw it disclosed a ridiculous position, and it was not clear to the layman. It was the first time that such a point of law had been laid before the court, and it was "an eye-opener" to all licensees that the law was as it had been laid down. He asked the Magistrate to regard this as a test case. The Magistrate said that the defendant had had to pay all the expenses incurred by the Crown, and in view of_ the circumstances it would lie sufficient to convict her and order her to pay court costs, 7/-.