LIQUOR FOR BOARDERS.

New Zealand Herald, Volume LXVI, Issue 20363, 18 September 1929, Page 12

LIQUOR FOR BOARDERS.

CONSUMPTION OFF PREMISES.

SUPPLY TO BE REASONABLE

JUDGMENT BY MAGISTRATE. [BY TELEQBAFH. —OWN CORRESPONDENT. ] THAMES, Tuesday. That a hotel licensee has the right to supply "rennonable" but not "unlimited" quantities of liquor to bonti-fido boarders for consumption off the premises, was n point determined by Mr. F. W. Platts, S.M., in the Police Court to-day. On Sunday, July 7, the Thames police arrested two men who were found drunk in a motor-car beside a five-gallon keg of beer, together with a quantify of bottled beer and whisky. As a further result, R. A. Alhvood, licensee of the Shorthand Hotel, was charged with Sunday trading at tho last sitting of the Thames Polico Court, Mr. Platts reserving his decision. The point at issue involved the right of a hotel licensee to supply bona-fido boarders with liquor for consumption off tho premises. Sergeant Powell, for tho police, contended that the acceptance of liquor after luncheon on tho Sunday and after the inen had paid their board bill, constituted an illegal sale. Had the liquor been purchased prior to settling for the board tbc sale would have been perfectly in order. In giving his decision to-day, the magistrate ruled that the liquor was not appropriated to a contract for its salo on tho Saturday, and that the salo was made and tho liquor was paid for and supplied 011 Sunday morning, when tho two men wero leaving, and when, having slept at the hotel on Saturday night, they also paid for their board, and £0 terminated the relationship of inkeeper and guest between themselves and the defendant.

It was also evident that the keg of beer was intended for flaxinill hands at Torehape.

''As for the contention that as section 191 of the Licensing Act authorises :i licensee to supply liquor to a boarder at any time, any sale to tho two men during closing hours by the defendant would not bo an offence, tlie answer is that a licensee lias a right under this section to supply reasonable, but not unlimited, quantities of liquor to a boarder. Hero the amount supplied was quite unreasonable. "These men were so liberally supplied with drink on the Sunday morning that they were intoxicated when thqy left the hotel, and they took away in their car a load of liquor, part of which was for other men in another district. There is no authority in the Licensing Act for that."

In endorsing Allwood's licence the magistrate imposed a fine of £7 10s and costs. Security for appeal was fixed at £25, on' tho application of Mr. C. J. Garland.