Power of Police to Enter Hotels.

Te Aroha News, Volume III, Issue 148, 3 April 1886, Page 4

Power of Police to Enter Hotels.

Auckland, March 27. The ease of Johanna Sullivan, landlady of the Shamrock Hotei, who was charged with failing to admit Sergeant McMahon to her hotel while the officer was> in the execution of his duty on a recent Sunday, again came befcio the Police Court tori >-y. It will be remembered that when the case was heard last Saturday Mr Cottir, who appeared for the defence, raised tho point that the Sergeant had made no demand to enter in accordance with the Act. He relied on a former decision of His "Worship on tho point, and asked for the dismissal of the case. His Worship, however, reforred to a more recent decision by Mr Justice Williams, which had the effect of reversing this interpretation of the law. Under these circumstances, Mr Cotter asked for a remand in order that he might look up authorities on the point, and the case was adjourned for a week. When the ca^o was called this morning, Mr Cotter said His Worship would remember that the case was adjourned in order that ho might refer His Worship to authorities which bore on therecent decision of Mr Justice Williams. The Act provided that any person, being a licensee of an hotel, and refusing to admit a constable, should bo liable, &c. The first point which he raised, and which His Worship had previously decided in another case in his favour, was that the constable did not make a demand to entor. But in consequence of a decision since given by Mr Justices Williams, and which «as contrary to His Worship's ruling, that objection was disposed of. He regretted that they were not in possession of a copy of Judge Williams' decision, and all they had to rely upon wero the press telegrams on the subject. He believed that His Worship also had a telegram confirmingthe information that the ruling had been given. The firct point was that no express demand was made by the constable. Tho next point wns as to whether tho ovidence was not defective in not showing any reasonable ground which the constable had for entering. The evidence tended to show that the officers were simply making their customary round at the time of their visit to the hotel, and tliere was nothing deposed to that had led to the impression that there was anything .suspicious about tho hotel. The ivhole of tho evidence roferred to somothing the officers saw after their entrance, and vhich was unknown before they were admitted. Though ho could not quote any decision on the point, still he would show an authority, which was Patterson on tho Licensing Laws. This was only the teat writer's version, but was worthy of consideration. Tt referred to the similar section of the English Licensing Act, 1874, i. a., Section 16, which section was in the exact language of our own, though for some reason it would appear to have been divided by our legislature into two. The section held that it was necessary to give special roason to enter, and in -cases of dispute the police must give reason for believing that the statute was about to be violated. Again, in the second paragraph, a constable must give and allege some reasonable grounds for entering. M Cotter submitted on both these grounds that tho case should bo dismissed, but if the decision wero against him, he hoped that seeing this was tho first time that His Worship's decision on the point had been questioned, and also that the offence was a trivial one, that the case would be dismissed. His Worship referred to the fact that the section in our own Act was divided into two, while in the English Act it was but one. The pointj occurred to him whether there was not some difference in interpretation when the section was cut up with subsections. Mr Cotter : There are at all events strong grounds for believing that tho constables must demand to enter. His Worship : But we are upsot on that point. Mr Cotter proceeded to point out that our section was only a division of the English one.

His Worship : But the wording speaks of this section only, and not of any preceding section. Mr Cotter thought it very unfortunate that they had not before them the exact terms of Mr Justice Williams's decision. His Worship said it must be supposed that the Legislature, intending to introdxice the English law, divided it into two sections, and left out the reference to the preceding section. Sergeant Pratt remarked the police had always held that under thelB4th section they could enter at any time in order to "detect" breaches of the statute. Hia Worship said, as to the iirst point, that so far as he was able to gain information respecting Mr Justice Williams's decision, he was informed that it had been decided that all that was necessary for the constable to state was that he was a constable, and wanted to come in. It vrap presumed that tho constable must have reasonable grounds for domandiug to enter. He did not express an opinion on the subject without hesitation. With respect to the second objection, he did not see how he could reconcile Mr Cotter's contention with the words of the statute, which lead that the constable should enter, not only for the purpose of "preventing ;) but also of " de tecting " breaches of tho law. He thorefote decided the point against Mr Cotter. His Worship : Do you wish to call any evidence, Mr Cotter ? Mr Cotter then asked the Bench to exercise the power which it possessed of dismissing the case, or inflicting only a nominal nenalty. Ho said that until Mr Justice Williams's decision was given, hotel-keepers followed the precedent afforded in Lynch's ca°e, where His Worship decided in favour of the defendant Either dismissal of the caeo or a nominal penalty might suffice, so that it might go lorth to the publicans that the point was decided against them. Sergeant Pratt said he did not wish for a heavy penalty, but he respectfully suggested that a conviction should bo entered. Mr Cotter remarked that Mrs Sullivan would leave the house altogether next Thursday, so that there would be no further trouble w ith li6r. Seigeanfc Pratt, in reply, pointed out that the conviction had not been recorded on the license. His Worship inflicted a fine of Is and costs.