INVERCARGILL LIQUOR TEST CASE.

Poverty Bay Herald, Volume XLI, Issue 13428, 10 July 1914, Page 1

INVERCARGILL LIQUOR TEST CASE.

(Per Press Association.) - . INERCARGILL, this day. %\i his judgment m the Club hotel >rl case, Mr Justice Denniston upholds, the .appeal from the Magistrate's decision. His Honor said : ,^'hisfiisr-sß^^a.ppeal ■/from the Stipendiary Magistrate on his . ; dlstnissal of^vaaj > iufc||^|Son^B^|^hj|i respondent 'tiiat, " being the manager' ot pre^nises .known ..as . the, . Ql.uil> hotel, In'vercargilj, he" did.^"kwp''- such premises ; a«!^i place of .resort lor '-the'' consumption : '.of -v intoxicating: liquors. The., infonha- ' tion Avas jla'.d ..unde.r. section 3*"*, *sub-' section '25, of the .Licensing Amendment Act', 1910. '''' '- '• . "'* . ' . " •'■'•' ■ After; quoting the AAiiole question of" the Act, his: iibiior .goes on- to say: •The tacts. are not. in dispute. They are thus stated by the Magistrate -.. (1) The "oVfehdant' is t'he : landlord of and has f control' of ..premises known as the Club hotel, liiA-ercargillj Avhich is a. - ho-liceiwe ,' district^, under the "Licensing Act. (2) .One. of tile -looms of the said Club hotel isv fitted' up as a. so-called temperance 'bar,, where no alcoholic liqinors'aie obtainable. ...(3) This bar is. used as a resort by,. many t persons .who bring with them 1 alcoholic "liquors, which they consume- there,; and: the" bar Was so used ! betAveeiv sMarch 7j 1914, and May 2, '-.'. 11914. (4) v Hefendant supplier customers ,Aj-fth ; gUissW.'and.iSc^aAvater, ,anp\ such line,, of beverages, and charges them 3cl ,for ' the use of the glares, and 3a for each bottle of soda-water or other bevei'age isupplied. .'■',,-■ ,«• • -.'. „;. - The Magistrate finds that this, must mean, or* at ieast include the rixmi in' which the bar is ' fitted up • (which is pari, of .- defendant's ;i premises). :.; It is the resor^ of 'numbers of persons whose tn^in object, iii many insi&nces, at all events, may be said,' without any breach of 'charity, r to •be jbhe cbhsunip tion of. alcolhblic liquor which' -they • bring with them, .....further,, the evidence shows, tliat this' use of' the ( bar is nob occasional,, but'; 4r;e'querib.'; 'He' finds on these -facts Ahd%rferences > that' the defendant, d,id ;., not .v^ke»p7^his--rfchat is, this v . room— -gs >a . place!, ior , the nousumptioijafc' inibxieating ; liquor! I^c : says that if" th ci .section? had. ; tfiade the permitting /of a, place ..to be' use'd ..'«•» a resort for the consumption of inboxiM us, an- offence, V defendant inus/b .have, be.-.n, 'convicted. Hfe nefers to "the .distinct" jh Avhich the Licensing Act draws bet\v?en 'offences which consist internetting .'cm;? tain 'things and that other". diiss. of offence wp4ch. consists of,' doing, cernm things, and adds that "thereis ho £i; -.im'd foiCconfouh'dirig one wfhh* the othSr . Hi concludes thus :'■'.'. Here^ taie -thidg. p-----hibited is keeping premises for cerrain purposes. lb . is, I . thirik^ the ; purn .^e , for -which' defehdarit;\ keeps ' this onr, attd\not' the: purpose' which people ;may have m MJoming there, which. : . is iC :ie ess.eTitial point,. , Now, it is lu-t yn'y •auggested that defendant -keep's, this bar. : foO'the purposes of the cohsum r'yi of intoxicants there, but such vieAV is ex"pre^ly. repudiated by the prosecution. If 'ttye- offence created* had been lumping ;or "using AvhoUy., for the pu »'->'?*-\ *<*-■■ : bidden, I'is'hotad cbhcur; -in this ireasonr'ing£ but this " is nxfr the case. Subsce tiortr-1 of sectvort 37 makes it ■ illegal ■ t« keep- or use? any building, room,- «w' ■ f« » er premises m: any. no4i.cense district as a place of resort .for .the , consumption thereon 'of intoxicating' liquor. A ropm m defendaht's~"hotel is, Avith iii.< knoAv ledge arid 'consent, habitually ««d by a number of persdus as a- Place of resort for; -"the consumption, .of intoxicating liquftr therein (or, fn language- o I tic section, "thereof.") Defendant swpoVe*: tbeseXpersons Avith glasses,' for to use of- which a elmrge of threep-vveyss made.'Tliey can. also be supplied with ■soda-water or other beA'erages (not :u toxicatihg, " of ' course) : at. 3d a botle it is not stated that" it is compr.lsory to take and pay* for such -b-vo-V^es. If that Avere a fact, I think it woli.d liave been Abated; In my view o r -in*. matter, however,' -'that point is not essential ,It is obvious that. but. for i>.-. facilities hu« « afiorded for he consmnption of ; iritoxicating . liquor,', these persons would not resort to this room, and bar. A keeps or us-s a ro.nm fo- therpuirppse or purposes-- for .whuh he knoAVs it- is resorted bo. .It /s im material" on Ihe question of 'teflpmß <>r using that '• he may also keep ; . for: sale non-intoxicatihg beve^uns. ii ' i.5. of course, m ..his power t<- f-?rb:i ant •prevent a breach of tlie law by nei-v-n* consuming intoxicating liquor m the room. The occupier and levery person having or taking anypg-rt-in the/management, or contTol of same are fi«verally luible to; a fine not e^ceedrng £20 for every day on 'which the premises are so ueed: Personß^found'OA any premises so kept or used are Jiable s to a fine of not less than £5.', I tdb not see how the conduct of the defendant can, as found by^ the *Mai?istrate be constinied a, only. permitting- the plea to. be used as a resort. To, my idea, he cleariy keeps it for I that purpose, although not for that ' purpose 1 solely. The - appeal will be alloAved, and the case remitted | fu> the Magistrate; Complainant. A>all have £7 7s costs. ...^