RIGHTS OF LICENSEE.

New Zealand Herald, Volume LXV, Issue 20076, 13 October 1928, Page 16

RIGHTS OF LICENSEE.

INVITATION TO FRIENDS. COURT DISMISSES CHARGES. With the object of having the rights of a hotclkcepcr defined, W. N. Grant, licenseo of the Queen's Ferry Hotel, pleaded not guilty, through his solicitor, to a chargo of aiding and abetting two men who were found on his premises after hours. The men wero R. Porter and A. X. Pearce, who denied charges of being found on tho hotel after hours. All tho facts in tho case were admitted by defendants. After playing billiards with Pearce and Porter at a city parlour on the night of October 4, Grant invited tho men to his place to havo a "nightcap." Tho invitation was accepted, and tho men wero treated to a drink from Grant's private decanter. Soon after midnight they left, and as they departed they walked into a policeman,, who wanted to know what business they 3iad at tho Queen's Ferry Hotel. This they refused to divulge, telling tlio officer it was not his affair. They also refused to supply him with their names, but when they were at tho Central Polico Station they told him all that had transpired Submissions for the prosecution by SubInspector McCarthy wero based on tho contention that as soon as the men crossed tho threshold of tho hotel they wero guilty of an offence, aided and abetted by tho licensee. They had been invited for a. drink, and this was to be consumed in a hotel after hours. For Grant, Mr. McVeagh said tho licensee had certainly invited the men to his hotel, which was in fact his homo, for a drink. But surely a licensee had the common right of any member of the community. Tho hotel was his home in which ho slept, and to it he invited his friends Even tho polico admitted the explanation given by Grant and tho men was a reasonable and true one. No doubt tho prosecution was novel, but it was one which should be decided in favour of the licensee.

Stating he believed it to bo a bona-fide case in wliieh tho licensoo had extended his hospitality in a manner similar to that of any other member of the community, Mr. F. K. Hunt, S.M., gave judgment for defendants. The police agreed that tlio men had been invited as personal guests of Grant, who, he was satisfied, acted as host. Tho informations were accordingly dismissed.