THE LICENSING ACT.

Otago Witness, Issue 2240, 4 February 1897, Page 9

THE LICENSING ACT.

At the City Police Court on Thursday, before Mr E. H. Caraw, S.M., an interesting licensing case was heard. Margaret Laverty, licensee of the Gladstone Hote'!, Maclaggan street, was charged with em■olojifg a barmaid in the bar during piohibited hours. Mr Sim appeared for the defendant, who pleaded not guilty. He stated that he wanted to ■ raise a preliminary point before the evidence wa« proceeded with. His Worship would see that the information was laid uuder section 126 of the act. Section 126 read thuß :— " No female other than the licensee or the wife or daughter of the licensee, as the case may be, shall be employed in the bar of any licensed house for more thau 10 hours in each day of 24 hours, aud no female, except as aforesaid, shall, with or without her consent, be employed in the bar of any licenaed house after the hour of 11 post meridian." The section then went on to fix the penalty at a sum not exceeding £20. According to that section it was absolutely illegal to employ the barmaid after 11 o'clock p.m, It was clearc l ear that this prohibition could only extend to *he day in which this hour of 11 o'clock occurred. 'JLhe informntion set forth the hour as 1 50 in the morning. He submitted that that could not be au offence, as if the seclion prohibited the employment of a barmaid at 1.15 o'clock on the following morning, it would likewise be an offence for her to be employed at half-past G the following morning, or iv fact any time the next morning. To talk about 2 o'clock on Sunday morning being after 11 o'clock on Saturday night was absurd, and the prohibition i therefore came to an end at 12 o'clock. i Sergeant O'Neill submitted that if Mr Sim's J contention were correct there was only one hour • in the 24— namely, between 11 and 12 o'clock at . night that a barmaid was forbidden to be in the , ■ Mr Macdonald interjected a remark to the effect that a case had been heard in the Magist rates Court at Wellington when the point was Theluncheon adjournment was then taken. • Hi 3 Worship said he had not yet considered the noint. He thought it was one of importance. He . inquired of Sergeant O'Neill as to the contention Sergeant O'Neill said that "night" in" law meant as extending until 6 o'clock in the morning as in cases of burglary. . Mr Sim suggested that the case might be adjourned until next court day to giTe his WorBhiP an opportunity of considering the point. This was agreed to, .the ease being adjourned till Thursday next.