AN “EYE-OPENER.”

Otago Witness, Issue 3782, 7 September 1926, Page 35

AN “EYE-OPENER.”

SUPPLYING HOTEL GUESTS. CHRISTCHURCH, September 3. According to the decision of Mr Justice Adams, even the wife of the licensee of a hotel is not entitled to give liquor to her own guests after hours. “An eyeopener to all licensees ” was the term applied to the decision by counsel. The point arose as the result of the dismissal by a magistrate of a charge of sunplying liquor after hours laid against Eva Lilly Low, wife of the licensee of the Wellington Hotel, Christchurch. The charge against Mrs Low was that on December 9, 1925, being a person other than the licensee of the Wellington Hotel, she supplied liquor to John Elstob and Charles Strong, persons not then lawfully entitled to be supplied with liquor. After hearing the evidence, when the case came before him, Mr H. A. Young, S.M., dismissed the charge, being satisfied that the statements made by the defendant and the two men were true, and that they were her bona fide guests. The Crown was not satisfied witfi the decision, nolding that it was erroneous in point of law, and that no person other than tiie licensee wna entitled to supply liquor, even to guests, after hours. The case was considered by his Honor Mr Justice Adams, who upheld the appeal, and remitted it to the magistrate to enter a conviction. The case came before the magistrate Mr Young, to-day. Counsel sai dthat it was quite clear that the law on this point was obscure, as the licensee’s wife, Mrs Lo r, wa- surely entitled to supply liquor to her guests. Mr Justice Adams had decided otherwise, but if that were the la it disclosed a ridiculous position, and it was not clear to a layman. It was the first time that such a point of law had been laid before the court, and it was “an eye-opener” to all licensees that the law was as it had been laid down. He askec. the magistrate to regard this as a test case. The Magistrate said that defendant had had to pay all the expenses incurred by the Crown, and in view of the circumstances it would be sufficient to convict her and order her to pay court costa (7»).