LIQUOR IN INVERCARGILL.

Lyttelton Times, Volume CXV, Issue 16550, 14 May 1914, Page 10

LIQUOR IN INVERCARGILL.

CHARGE AGAINST PRIVATE HOTELKEEPER.

CUSTOMERS AND THEIR BOTTLES.

THREEPENCE FOR GLASSES. [Per Press Association.] INVERCARGILL, May 13

An interesting case came before Mr T. Hutchison, S.M., to-day, when Victor Coieman was charged with having, between March 7 and May 2, as manager of the Club Hotel, Invercargill, being a no-license area, allowed such premises to be used as a place of resort for the consumption of liquor. Inspector Norwood, in stating tho facts, said that for some time past it had become the custom for some private hotels to set aside a bar apparently for the purpose of providing aerated waters. Persons wont into these bars with liquor in their possession and were given a glass and aerated water. The bottle was usually handed to the barman, who drew tho cork and poured out the liquor. Payment was made by the customer at the rate of 3d for the glass and 3d for the aerated water. This practice had been spreading to such an extent that it was difficult to perceive the difference between it and the practice which obtained in licensed districts. The opinion of the Crown Law officers had been sought on the matter, and it was as the result of that opinion that the present proceedings had been instituted. Drunken men were seen coming out of these places. It was no offence against the law to bring drink into the premises, therefore it was hard to distinguish tho difference between licensed and unlicensed districts if this custom were to be held legal. Mr Inder, for tho defence, did not call evidence, as the defence was based on law points. There had been, he said, no suggestion of the illicit sale of liquor. Before a conviction could be recorded the Court would have to consider only ono point, what was the primary object of these persons in going to the Club Hotel? "We say," said Mr Inder, "their primary object was to get the utensils with which to drink. If they already had liquor in their possession and if they were fearless enough to drink in the streets, there was no law to prevent their so doing." The law as it stood, according to the police interpretation, was forcing people to drink in out-of-the-way places. If the primary object of those people in going to the Club Hotel was to get'drink, then Coleman would have to bo convicted. If it wero not, then the information should bo dismissed. Under the Acts Interpretation Act, the Court was entitled to look at the preamble of the Act. That showed that the Licensing Act was designated to give people greater control over the sale of liquor. It was not an Act designed to prevent drinking, but to prevent the sale of drink. The whole trend of the licensing legislation was in that direction. Mr Coleman kept a first-class boardinghouse and a first-class refreshmentroom. Before ho could be convicted it must be proved that his primary object in keeping the place was that of keeping a sly-grog shop.

His Worship: Oh, that's not suggested. _ Mr Inder, continuing, said that the licensing legislation had been intended by the fanatics who urged it as a means of abolishing liquor. All the amendments to the Act had been made to that end. Nobody was game, however, to introduce an Act to prevent drinking. All that had been done was to legislate so as. to prevent tho sale of drink in certain districts.

His Worship asked if ho was being requested to say that tho informations dealt with tho Club Hotel as a whole and not with the bar alone. Suppose the word " premises" could be made to refer to the bar apart altogether from the other portions of the premises ?

Mr Macdonakl (also appearing for the defendant) said the primary object of keeping the bar was the sale of aerated waters.

His Worship : Do you not forget that the bar is kept for the primary object of providing glasses at a chargeof 3d for each time they are used? Mr Macdohald: Perhaps so. your Worship, and the price would be held to include a fire and other comforts for half an hour or more.

His Worship stated that he would reservo judgment.

Laugh, and the world laughs with' you, Sneera, and your friends all groan, For this good old earth has need of