EMPLOYMENT OF UNLICENSED BARMAID.

Oamaru Mail, Volume XVIII, Issue 12120, 23 December 1913, Page 5

EMPLOYMENT OF UNLICENSED BARMAID.

a test; case. - (Per Press Association.) Napier, December 22. All interesting judgment was delivered at the court this morning by Mr S. E: M'Carthy. S.M., in the case in which tlio rmlice took action against Edward M'Ginty, licensee Of the Pro-' virteial Hotel, for employing an unlicensed barmaid. At- tlie hearing, the facte that the'young woman was unlicensed and that she was -employed were admitted, and the question for the magistrate to determine was: "Is the place open for the sale of liquor a bar within the meaning of section 4 of the Licensing Act? ' " - Ilis Worship visited the hotel and found there were two places for the sale of liquor, one abutting on Clive Square and partly on Emerson street-. In the latter case there was a door on to the street, but this was always kept lecked, and the entrance to the bar could only be made from the inside bv means of a passage or two doors. His Worship said that, keeping in view the structure ■of tli c . place? its proximity to two streets, and the structure of a recess between it and the highwav. he had no difficulty in deciding that the place, used by defendant for the sale of liquor was a; bar within the moaning of the Act, and it having been open for the'sale of liquor at a time when defendant lwd employed in his private bar am unregistered barmaid, a conviction must ensue. This caise was, however, a. test one, he said, and one that- reasonably called' for interpretation. 'The- defendant- would be convicted and lined one shilling. There would, of course, be no order as to costs or 3ii endorsement.