DANCING ON SUNDAY

Otago Daily Times, Issue 23885, 12 August 1939, Page 17

DANCING ON SUNDAY

A LICENSED CABARET THE PROPRIETOR PROSECUTED (Special to Daily Times) WELLINGTON, Aug. 11. The question whether dancing could be continued after midnight on Saturday in a licensed cabaret hired for a private party was argued before Mr J. H. Luxford, S.M., in the Magistrate’s Court in Wellington to-day, when Frederick William Carr, proprietor of the Majestic Cabaret in Willis street, was charged with using a dance hall on Sunday. Decision was reserved. Mr S. G. Stephenson, who appeared for the defendant, questioned the validity of the by-law under which the charge was laid. It was admitted that the cabaret was licensed as a public building and that on Sunday, July 25, it was open till 2 o’clock in the morning without the previous consent of the Wellington City Council. Section 313 of the Municipal Corporations Act, 1933, said counsel, provided that no form of entertainment of any kind which was open to the public could be held or given on a Sunday without the consent of the City Council. On the night in question the cabaret was hired by the 33 Club and was not open to the public. Mr R. Cooper, who appeared on behalf of the City Council, said that, thought the defendant had let the hall, the premises had been used for the purpose for which they were licensed. Sub-inspector D. J. O’Neill prosecuted, and the police evidence showed that at 1.30 a.m. Sergeant F. G. P. Bonnington and Constable C. W. Naylor noticed people coming out of the Boulcott street entrance of the Majestic Cabaret. The Willis street door was closed, and when

they entered the cabaret through the other door the police found 200 or 300 couples dancing. The police were first attracted by intoxicated and semi-intoxicated persons leaving the cabaret. The defendant, In evidence, said the cabaret was taken under private booking and he had advertised that it would not be open to the public that night. Admittance was by invitation only, and the 33 Club handled the funds. The front doors were closed before, midnight, and persons leaving the cabaret after that hour were not allowed to return. “Sergeant Bonnington told me to stop the music and send people home,” said witness, “and I replied l that I was keeping open till 2 o’clock under arrangement. About 400 people attended the cabaret." In reply to the magistrate, witness said he provided the music and supper, but people attending brought their own liquor.