LICENSING LAW.

Otago Witness, Issue 3327, 19 December 1917, Page 22

LICENSING LAW.

TWO UNSUCCESSFUL PROSECUTIONS. WANGANUI, December 14. J. G. Swan, licensee of Chevanne's Hotel, was charged with keeping a barmaid employed after 8 o'clock, also with unlawfully exposing liquor for sale. Mr L. Cohen said the defence was that the barmaid was employed for the sole purpose of supplying bona fide diners, lodgers, and their guests, also tha't the only exposure was the opened door to the bar. As the waiter passed in and out, therefore such an exposure was not unlawful. Mr Hewitt, S.M., said that the whole point was that the law now provided for 6 o'clock closing, and was the same in principle as that which governed 10 o'clock closing, with the variation that more excuse might bo found for a person visiting an hotel after 6 than after 10. If the licensee acted in 'that way again and created suspicion the onus rested on him to explain his action. His best course was to so regulate his actions that they would not lead to suspicion. It was purely a question of administration. As in the case of Home Country hotels, what excuse would such hotelkeepers have in keeping a barmaid after 8 p.m.? In the case of an hotel with boarders the hotelkeeper was entitled to see that they were served and keep a barmaid in the bar for lawful services. In this- case the licensee had observed the law, and the case would be dismissed. Another case was that of a well-known commercial traveller, charged with being unlawfully on licensed premises. The- evidence showed that defendant had for some years a sample room on the premises, the only access to which was through the main entrance to the hotel. All his correspondence was addressed to the hotel, and had been for some years. On Sunday evening he went to the hotel to get letters from the letter-rack. Having secured them, he immediately proceeded to leave the premises, when he was accosted by the police. Ho told them his purpose in being there, and without further notice was proceeded against. The magistrate said the position was clear l that anyone found on licensed premises after hours, " unless ho satisfies the court that he was there for a lawful purpose," was liable to a penalty. The magistrate agreed with Mr Cohen that the proper thing was for the police to make due inquiry before subjecting a. reputable citizen to court proceedings, but he could not say that the police had no right to bring such a case before the court. He was satisfied in the present caso that defendant was not on the premises for any unlawful purpose. The case was dismissed.