NIGHT CLUB CASE

New Zealand Herald, Volume 81, Issue 24877, 26 April 1944, Page 7

NIGHT CLUB CASE

CONVICTION UPHELD "ENTERTAINMENT" DEFINED The meaning of the word "entertainment" as used in the Municipal Corporations Act was argued before Mr. Justice Fair on Monday during the hearing of an appeal b.v Leonard Grondin, manager of the National Club in Swanson Street (Mr. Henry), against his conviction bv Mr. J. 11. Luxl'ord, S.M. Grondin was convicted and fined £5 and costs on a charge ot having conducted a public entertainment, namely, a dance, at the National Club on Sunday, December 1~. without the consent of the Auckland City Council, The appeal was on the ground that the magistrate's decision was erroneou> in law. Mr. V. H. M-eredith appeared lor the Crown to oppose it. In his case stated, the magistrate said that the National (Hub was a proprietary club which catered for servicemen, merchant seamen and their female friends. The charge for admission was 7s 6d, hud on the premises were lounges, a snack bar and a dance hall. When the police visited the place there were live couples dancing to mechanical music, which was provided at the request ot patrons, stated the magistrate. An orchestra was employed on week-nights. The police contended that this was a "public entertainment" within the meaning ol the Act. In the magistrate's opinion, where people were admitted to a restaurant or proprietary club 011 payment of a lee on a Sunday and dancing facilities were available, the law required that the consent of the controlling local authority be obtained. Mr. Hcnr.v said the club was what was commonly known as a night club. He submitted that the "entertainment'' referred to in the Act meant something in the nature of a public

performance and the context supported this. No public performance or exhibition of any kind was given there. Ihe dancing was only incidental to the other facilities of the club. All the management did was to turn on the gramophone on request. Mr. Meredith said the Act referred widely to "any entertainment of an\ kind." All the dictionaries made the word " entertainment " synonymous with ''amusement." At this club theie was no difference in the entrance t<v between week-days and biimhus. Mechanical music was supplied by a paid servant whenever required. His Honor said that if there had been an orchestra in the building as on other nights it would have appeared clear that an entertainment was being given. When a person provided all thoTfncilities for dancing, including an attendant: to manipulate the mechanical music as required, it seemed to him that he was giving an entertainment. It was open to the public and given without the consent of the council. In his view the conviction was correct and should be affirmed. The appeal was dismissed with £5 os costs. GAOL FOR" MOTORIST A charge of being intoxicated in charge of a motor-car on Saturday afternoon was admitted _by Eric John Joyce, stock-hand, married, aged 35 (Mr. Goldstine). before Mr. F. 11. l/evien, S.M., on Monday. Counsel submitted that it was a borderline case and asked the magistrate not. to cancel accused's driving licence a.s he had been granted a special petrol allowance to enable him to reach 11, is work at NVesMield in the early hours of the morning. Accused was sentenced to seven days imprisonnHMit with hard labour. He was disqualified from holding a driver s licence for one year.