CLOSING OF PUBLIC HOUSES ON SUNDAY.

Otago Witness, Issue 1324, 14 April 1877, Page 17

CLOSING OF PUBLIC HOUSES ON SUNDAY.

At the City Police Court on the sth inst. before L N. Watt, Esq., R.M., Thomas Hirst Dodson was chargsd, on the information of the Police, that he "did not keep his licensed house, known as the Empire Hotel, situate in High street, Dunedin, ou Sunday, the 25th day of March, instant, closed, but that on the day aforesaid, at the hour of ten o'clock at night, did keep open his said licensed house, the hour of ten o'clock at night on the beforementioned Sunday not being any time between the hours of six in the morning and ten at night on any working day." Mr F. Chapman, who appeared for the defendant, said that the summons disclosed no offence on the face of it, and if it was not intended- to carry the proof beyond that, no offence under the Act or Ordinance had been disclosed. Inspector Mallard explained that Mr Dodson had been selected from the whole of the'publicans to answer the charge, because his house was in the main thoroughfare. Certain facts would be put before His Worship, and he would b9 asked- to decide whether a breach of » section 2 of the Licensing Ordinance, 1875/ hai been committed ornot. He admitted that Mr Dodson had a 12 o'clock license, and tha whole thing would hinge on the interpretation of the* word "closed." The Police were , desirous of getting a decision on the point to guide them in their actions. The following is Section 2 of the " Licensing' Laws Amendment Ordinance, 1875*: —" From »and after the first day of October next, no person holding a publican's licence shall Bell or supply any alcoholic liquor, or suffer .the same to be drunk in or upon his house or premises, except between the hours of six in the morning and ten at night' on any working day,' unless' in cases where a night license is also' held, and at all other hours such house and premises shall be closed, unless the time for closing the same be extended, as provided by the twenty-seventh section of the Licensing Act, 1873, Amendment Act, 187 C" ' ' •■-: . James Anderson, Sergeant of Police, deposed • The defendant is licensee of the Empire Hote 1 . ■1 visited] his house on the eight of Sunday, the ,25th March, at 10 o'clock. J know* the approaches to the house, and "entered "it by the ■ side door abutting the street The bar door ' was, closed. . I went alone the passage, and sawa door open on the right hand 'side. This door exposed the -bar to view. I saw the, bar lighted, and the barman behind' the bar, and two men in the compartment' fronting the bar. They were drinking. • ' Mr Chapman pointed out that the defendant was not charged with allowing drink to be illegally sold. Witness (cross-examined) : The man drinking at the bar were travellers. It was exactly.' 10' by the University Clock, which is rather eiratic. ■ Re examined: I was accompanied by Constable Lynch, who has recently gone to Quarantine Island. Mr Chapman : I shall ask your Worship to dismiss this case, on the ground that no offence is disclosed. ' ■ ' His Worship : I shall be glad to hear you. Mr Chapman said the case was under section 2 of the Licensing Laws Amendment Ordinance, 1875- The 'Summons and the evidence only disclosed the fact that the defendant's house was open at the hour of 10 on Sunday night, and it did not show that the Ordinance had baen transgressed by keeping it open beyond the hour of 10. The term " closed "in the section was to be read in the light of the preceding words of the section. The doer through which the sergeant went had the words "Piivate Entrance" written upon it. The regular door through which people go from the street to the bar was not open. The mere fact of the door being open was not intended to be an offence. He relied in the first instance on the common meaning of the term "closed" as used in business' by ordinary business men. They heard of tLe Bank of New Zealand being closed at three o'clock. The meaning of that was that the Bank was closed for the transaction of the principal business for which it existed. The same interpretation should apply to the closing of public houses. They,might easily get into a bank after it had been closed to the ordinary business. - The proper construction to put on the word " closed," as applied to public-houses, was "not open for the supply of alcoholic liquors," or "not open for persons to go in and drink on the premises. 3'3 ' He submitted that common sense and reason should bear out that view. There were numerous cases decided . upon similar Acts in England, which strongly bore out the construction he asked His Worship to put upon section 2of the Ordinance. To physically close the public-houses absolutely would create a deal of inconvenience to travellers and others. Lodgers were not bound to be within the public-house before a certain hour, and the conditions of a publican's license recognise the fant of lodgers being within the house, because a license was not granted to a house that did not afford accommodation to lodgers. If the defendant were to refuse to accommodate lodgers, he would be liable to an action at oommon law. Again, the door shouli be open so that the Police could go in and look through the public house. Inspector Mallard now pointed out that a publican was liable to a penalty if he did not supply travellers without a valid excuse. The learned counsel cited a. late case— Brickden v Heighes, Law Reports* vol. 1, N.S. 1876, Q.8.,p. 330. Upon these; faces, he should submit that there was no case. His Wox-ship : I shall take time to consider;. Mr Chapman intimated that, if his Worship, decided there was a case to answer, he would} be prepared to bring evidence for the defence*