HOTEL BOTTLE STORE.

Otago Daily Times, Issue 19902, 23 September 1926, Page 6

HOTEL BOTTLE STORE.

DEFINED AS A BAR. A MAGISTERIAL DECISION. (Peh United Pbess Association.) CHRIST OH UKC 1.1, September 22. In a reserved decision given to-day, Mr H. P. Lawry, S.M., ruled that an hotel bottle store is a bar within the meaning

of the Licensing Act. and a female, other than a registered barmaid, may not, therefore, bo employed in a bottle store. Iho decision arose from the prosecution of George lies, of the Provincial Hotel, in which Mr J. H. Upbam represented the

defendant. . ~ 'lho Magistrate said that in this case tho defendant was charged with employing a female in or about tho bar of his licensed premises at a time when the bar was open for tho sale of liquor. By consent the information was amended to “private bar for the word “bar." The facts, which were proved or admitted, were that a woman, on tho date in question, was employed by defendant to sell liquor in sealed bottles

in a bottle store. The bottle store was titled up in some respects as an ordinary bar, as it had a counter and shelves, and on the shelves were sealed bottles of liquor for sale, but it differed from the usual bar, in that there were no beer engines, taps, glasses or sinks. Only bottled liquor was sold for consumption off the premises. The person employed to sell therein was not one of those excluded by section 36. By tho provision of sub-section 3 of tho Ltcen-

sing Amendment Act, 1910. ns amended by section 2 of the Barmaids’ Registration Act, 1912, if a store wore either n public or private bar an offence had hoen committed. The defendant admitted that the store was such that, if liquor were sold there for consumption on the premises, tho store would bo what was known as a private bar, but ho contended that, as liquor was sold for consumption off tho or muses only it was not a private bar. and consoquentlv tho restrictions of section ob did not apply. . . , ~ . , . In entering a conviction, tho Magistrate said that ho could find nothing which excluded from a “bar - ’ places where a purchaso was made only of liquor for consumption off tho premises. In the case in question the store was a room containing a counter or a bar. behind which liquor for sale was kept. Tho store was therefore n “bar.” and it must, therefore, bo either a private or a public bar. Ihe distinction between those depended only upon whether or not it opened immediately on to the street. The fine was fixed at £5 la in order to allow an appeal to bo made.