QUESTION OF LAW

Southland Times, Issue 21660, 23 March 1932, Page 7

QUESTION OF LAW

APPEAL FAILS ENTERTAINMENT ON SUNDAY PERMISSION NOT OBTAINED (Per United Press Association.) Auckland, March 22. Questions of law governing the holding of Sunday evening “entertainments were argued before Mr Justice Reed in the Supreme Court. The case was an appeal by the Auckland branch of the Labour Barty against its conviction and fine by Mr W. R. McKean, S.M., for holding an entertainment on Sunday evening without having first obtained the permission of the City Council. A suggestion by his Honour that the case should be taken to the Court of Appeal was not accepted on the ground of expense. His Honour said he had formed a very definite view during the course of the proceedings. A section made it penal to hold a concert or entertainment of any kind open to the public on Sunday, Good Friday or Christmas Day. Il had been held by Mr Justice Herdman that the question whether admission was paid or not did not enter into the matter, so that the whole point to be decided was whether there was on this occasion an entertainment. It was true that the whole function could not properly be described as an entertainment, but it was perfectly clear that for half the time there was what was strictly within the meaning of the word “entertainment.” It was probably subsidiary to the principal object of the meeting, but it undoubtedly formed an attraction and he thought it was an integral part of the programme. It really was probably the greatest inducement to a large number of those present. It was clear appellant was responsible for holding an entertainment and the appeal would be dismissed with £8 7/- costs and disbursements.