THE LICENSING ACT.

Otago Daily Times, Issue 10359, 14 May 1895, Page 3

THE LICENSING ACT.

A case of considerable importance, ta'&etelkeepers was heard before Major Keddelbon "Wednesday, the 17tH inst., at Palmerston (writes onr correspondent), when P. M. Collins, licenseesof the North-Western Hotel, was charged, on the information of Constable HUliaad, with a breach of the Licensing Act by permitting drunkenness on his licensed premises on the 19th March last, by allowing one Charles Ward, a person**ia.a^stato of intoxication,,to remain thereon. The police prosecuted, and Mr D. M. Fhrdlay appeared for the defendant, who pleaded not guilty. The evidence for the prosecution was to-the effect that Charles Ward was found oa the premises iv a state of intoxication, with a glass with come beer in it in his hand. Mr Findlay, for the defendant, contended that the words "permitting drunkenness to take place," contained in the 146 th section of "The Licensing Act 1881," meant permitting a man to become_ drunk on the premises. Drunkenness meant intoxication, sad permitting intoxication could only mean permitting' drinking which resulted in drunkenness. He cited authorities in support of this reading of the section, and sub. mitted that if this reading of the act were correct the prosecution must fail, as the information, in alleging that "the defendant permitted Ward while in a state of intoxication to remain on the premises," disclosed no offence. If it did, then a publican who allowed a man while drunk to remain on the premises a moment beforaputting him oufc would be liableto a penalty, which would be.absurd. Evidence was adduced for'the* defence-showing that Ward had been supplied with no liquor-on the day in question. His Worship upheld learned counsel's contention that this section of the act'would not bear the construction sought to be put upon it by the prosecution, and, after reviewing the evidence, dismissed the information.

Summery Mws renfcmteeJ tm^qges (hand 7%