CLOSING OF PUBLIC-HOUSES ON SUNDAY.

Otago Witness, Issue 1325, 21 April 1877, Page 10

CLOSING OF PUBLIC-HOUSES ON SUNDAY.

At the City Police Court on Tuesday last, before L N, Watt, Esq., R.M., Thomas Hirst Dodson was charged, on the information of the Police, that lie "did no'c keep his licensed honse, known as the Empire Hotel, situate in High street; Dunedin, on Sunday, the 25th da; of March instant, closed, but- that on the clay 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 before mentioned Sunday not being any time between the hours of six in the morning and ten at night on any workingday." His Worship ruled that there was a case in answer. Air F. Chapman : There is no further evidence to offer in this case, your Worship. His Worship then delivered 'judgment as follows : — I bave given some very considerable attention to this case, because although the f<cts lie us it were in a nutshell, it is one of considerable importance to an extensire interest and the pablic generally. On lookIng at aection 3 of tbe Imperial Act. 37 and 3S Viet , cap. 49, to which I «<is referred by Mr Chapman, the couevel for the defendant, I find the words used tbe r e to be — " All premises in which intoxicating liquor* *re told by retail shall be closed as follows," etc. There is no penalty under the Act for the simple infringemeut of thin section, that is. if the h -use * hili be only (U» borrow the word of the learned counsel) " pbyMca'ly "* open ; end we mast turn to section 9 for » definition of the word " closed," in which we find ibafr the words •• opens " and " keep 3 open " are defined. Tno words of tection 9 are as follow « :— " Any pmon who. daring the hours at which premises f"r the Bile of intoxicating liquors arc directed to be closed by or in pursuance of this Aci. Nells or exposes for sale in such ircmi-es at>y intoxicating liquors, or opens or keeps open fiudi j prcmiaes for the s ile of intoxicating Hqnors. or allows »ny intoxicating liquors, although purchased before the hcurs of closing, to be consumed on such premises, •hall for the flr»t offence be liable »o a penalty not exceeding £10." &c. I propose to interpret the word " closed," used in the local Ordinaucc of 1575, by tho light of this 9th section of the Imperial yiet. Then, »ny licensee who allows &ny of the acts or thin?a which by this section are ma ie penal in Eatrland does not, T thinV, keep his house '• closed " within the meaning of the local Ordinance. A technical objection might hyrebeeniaUea that there ia no actuil evidence of " intoxicating liquors " being exposed, but only of certain boitles, &c, in the bar ; but, as th-s is only a ts>t case, and is to bo taken te a «uperior Court, I have thought it b?st to assume that intoxicating liquors were in some at l*a*t of the bottles exposed. I shall fine the defendant la and cobu. Inspector Mallard : It v/as proved that there were persons there drinking, though we did not charge the defendant with that. Mr Chapman : The evidence simiily showed that those who wejre drinking were travellers,

His Worship : I toojc down the evidence very carefully. Mr Chapman : I have to ask your Worship to state a case for trial at the Supreme Court in accordance with the provisions of section 4 of the Appeals from Justices Act, 1807. Hh Worship : I shall be vei/ glad to do so.