CABARET CLUB

New Zealand Herald, Volume LXXV, Issue 23181, 29 October 1938, Page 15

CABARET CLUB

LIQUOR IN RESTAURANT OWNER'S BREACH OF LAW UNAWARE OF LEGAL POSITION [BV TELEGRAPH—PRESS ASSOCIATION] DUNEDIN. Friday Tho proprietor of Cargill's Castle Cabaret, Ellis Thomas Marris, pleaded guilty in tlio Police Court this morning, before Mr. H. W. Bundle, S.M., to a charge of allowing liquor to be consumed in a restaurant. Senior-Sergeant Claasen said that on Sunday, September 18, Constable Manning visited the premises and saw a number of patrons sitting at small tables, on which there were several beer bottles. Some of the patrons showed signs of having had liquor. The defendant was interviewed and said that dancers had become members of his club and were therefore entitled to consume liquor on tho premises. Unfortunately ho had not sought legal advice on the matter and thought he was within tho law. The premises were well conducted. Mr. D. A. Solomon said that the dofendant had been carrying on as proprietor of Cargill's Castle for a number of years and until recently had not allowed liquor to bo consumed on the premises. Then a new cabaret was opened in the city, in which liquor was consumed openly, as the premises were not used as a restaurant, but only as a dance hall. The defendant's patrons came to him and told him that he would lose their custom unless he allowed the consumption of liquor on his premises. An interesting question arose, said counsel, concerning whether any offence had been committed if liquor was consumed on premises which were used as a dance hall and not as a restaurant. The defendant endeavoured to keep within the law and formed a club, which operated every Saturday night. Only those who were members of the club or were guests of members could attend. The annual subscription was a nominal one of 2s 6d. In the afternoon's the castle was used as a restaurant, so the mere formation of the club did not enable him to keep within the law. There was no suggestion of the sale of liquor on the premises, all the liquor being brought by patrons. The magistrate said that in some ways it was better that liquor should be drunk in that manner than in motor-cars. However, there was _ a definite prohibition against liquor being drunk in restaurants. The defendant would be fined £5 and costs, 10s.