LICENSING LAW

New Zealand Herald, Volume LXXIII, Issue 22470, 14 July 1936, Page 11

LICENSING LAW

HOTEL OWNER FINED UNLAWFULLY ON PREMISES SUNDAY VISIT BY POLICE BUTCHER ALSO PROSECUTED [BV TELEGRAPH —PRESS ASSOCIATION] TALMERSTON NORTH, Monday The point whether the owner of a hotel as distinct from the licensee had the privilege of being on the premises after hours and inviting a friend to participate in a drink was debated before Mr. J. L Stout, S.M., in the Police Court to-day. The magistrate said he could not. Another interesting point decided by Mr. Stout was whether a butcher who delivered meat to the hotel from a cool store on Sundays could be said to be on the premises legally. The magistrate held that he could not. Arising out of a police visit to a hotel on a recent Sunday, E. A. Fearnley was charged with selling liquor after hours, J. Hickcy with supplying after hours, and J. L. Bennett, T. Harris and S. W. Jones with being found on licensed premises after hours. For the defendants, Mr. A. M. Ongley said the facts were not in dispute. Bennett was running the hotel through a manager, Fearnle.v, and had invited Harris to have a drink with him. Bennett owned the hotel and no money passed. That morning he had been there for the purpose of taking stock. Time to Transact Business The magistrate pointed out that the Licensing Committee had had to get Bennett out of the hotel. Mr. Onglev: But only as licensee. The Magistrate: The idea was that he had to keep off the premises. If he wants to transact business there he can do it during the hours the premises are open.

Counsel: But he had a right to be there for business purposes. The Magistrate: But not in the bar drinking. From the evidence, Bennett met Harris outside and invited him in for a drink. The Licensing Committee had to gee rid of Bennett because he comimttcd too many breaches. There was no animus against him, but it was becoming a scandal. Wo had to get him out of the place. Mr. Ongley: He tried to get someone to take over the licence and has to conduct the hotel himself. The Magistrate: Then let him do it during the hours he is entitled to be on the premises. Counsel stated that as far as Jones was concerned he took meat there on Sundays from his cool store and it was the usual practice for him to get a glass of beer free. Sunday Business Illegal

The Magistrate: What right had he to carry on business on Sunday? Counsel: That is another question. The Magistrate: It is not. If he delivers meat on Sunday he is illegally there. What he did was a breach of the Act. 1 Counsel: It is not a contravention of the Licensing Act, but a breach of thf award. The Magistrate: He cannot be legally there if he does something the law of the country says he is not entitled to do, that is, carry on business on Sunday. Bennett gave evidence that the stock belonged to him, and every Sunday there was a stocktaking. That was a recognised practice in hotels for Sundays. He had meals at the hotel, but slept away. He invited Harris to have a drink of liquor that belonged to witness as owner ojf the stock. Jones always delivered meat every Sunday, keeping it from Saturday in a refrigerator, which the hotel did not possess. The Magistrate's Decision The magistrate said he could not see how an owner disqualified as a licensee was entitled to go on hotel premises when they were closed. Bennett and Harris would be fined £2 each and costs. Hickey, the barman, had no right to supply at Bennett's request, said the magistrate. The licensee was the man in charge of the hotel and the one who had to be considered. It was hard on the barman in the circumstances, but he would have to be fined £5 and costs. Fearnley, tho licensee, did not know what was going 011 and the charge against him would be dismissed. There was no reason why the butcher should not bo fined, as lie had no right to be on tho premises on Sunday. He would be fined £2 and costs.