WHAT IS A PUBLIC BAR?

New Zealand Herald, Volume XLVI, Issue 14093, 22 June 1909, Page 6

WHAT IS A PUBLIC BAR?

AN INTERESTING POINT. An interesting point of law was submitted to Mr. C. C. Kettle, S.M., yesterday, as to whether a certain bar in the Thistle Hotel was a public or a private bar. The licensee (Robert Noton) was charged on two count* with permitting more than one bar to be used for the sale of liquor and permitting more than one to be opened for the sale of liquor. The facts leading up to the prosecutions were that when Sub-Inspector Hendrey was paying liie official visit to the hotels in order to report to the Licensing Committee, he found what he considered were two public bars in the Thistle, whereas the license only permitted one. He pointed this out to the licensee, who, while contending that one of the bars was a private one, had the entrance altered at the sub-inspector's suggestion. The police brought the action as a test case. The facts were admitted, and the question put to the magistrate was whether the bar was public or private under the Act. The bar in question was approached through a 6ft passage at the end of which were folding doors. When one of £iese doors was open, as happened when the sub-inspector made his visit, the bar was visible from the street. Mr. Noton contended that the bar-was not " immediately opening to the street,", which were the words in which the Act defined a public bar. The Magistrate said he considered the case of little importance in view of the fact that the licensee had had the entrance altered, and he adjourned the hearing to allow Sub-Inspector Hendrey to inspect the alterations made. Having done so, the sub-inspector expressed himself as dissatisfied with the alterations, and the case was, further adjourned to allow the magistrate to inspect them. Mr. Kettle expressed the opinion that in the first place the bar had been public. ,