“AN EYE-OPENER”
AFTER HOURS TRADE POSITION OF LICENSEE’S WIFE JUDGE’S INTERESTING DECISION. 4 (Per United Press Association.) Christchurch, September 3. According to the decision of Mr Justice Adams, even the wife of the licensee of an hotel is not entitled to supply liquor to her own guests after hours. “An eye-opener to all licensees,” was the (erm applied to the decision by counsel. The point arose as the result of the dismissal by a Magistrate of a charge of supplying 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 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 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 two men were true, and that they were her bona fide guests. The Crown was not satisfied with the decision, holding that it was erroneous in point of law and that no person other than the licensee was entitled to supply liquor, even to guests, after hours.
The case was considered by His Honour, 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 said that it was quite clear that the law on this point was obscure, as the licensee’s wife Mrs Low, was surely entitled to supply liquor to her guests. Mr Justice Adams had decided otherwise. The law disclosed a ridiculous position, and it was not clear to laymen. 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 at it had been laid down. He asked 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 costs.
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Bibliographic details
Southland Times, Issue 19966, 4 September 1926, Page 7
Word Count
375“AN EYE-OPENER” Southland Times, Issue 19966, 4 September 1926, Page 7
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