PRIVATE BOTTLES.

Timaru Herald, Volume CI, Issue 15394, 10 July 1914, Page 8

PRIVATE BOTTLES.

• IN UNLICENSED HOTEL. DECLAPJ® ILLEGAL. (Per Press Association.) INVERCARGILL, July 9. In his judgment in the Gub Hotel case, Mr .Justico Denniston upholds 11)0 appeal from the Magistrate's decision in li s dismissal of an information charging respondent that, being manager of premises known as the Cinb 1-lotol at Invereargill, foe did keep such pi onuses as a place of resort for the consumption on intoxicating liquors. The information was laid under Section -37, subsection 3,.'0f the Licensing Amendment Act, 1910. After quoting the whole section his Honour goes on to say:— The facts are not in dispute. They an: thus stated by tho Magistrate:— (1) The defendant is landlord of ami iin.s control of premises known as the Club Hotel, Invercarcill, which is a no-license district tmder the Licensing Ac:s. (2) One of the rooms of the

•said club hotel is fitted up as a solalicd temperance bar, where nona'cohelic liquors art- obtainable. (3) This bar is used as a resort by many persons who bring with them alcchoftc liquor, which they consume there, and the liar was so used between March 7. 1914, and' May 2, 1914. and supplies customers with glasses and soda water and such -liko beverages, and charges th-em 3d: for tho use of the glass and 3.1 for each bottle of soda water or other beverage supplied. The Magistrate finds that this must mean, or at least includej tho room in which the bar is iittecl up (which is part of -defendant's premises) is a resort of i.iunbers of persons whose maiii'object, in many . instances at -all events, may bo said vHthout any breach of charity to be-{he consumption- .'of alcoholic liquor, which they bring with them. Further that the evidence shows that this use .of the bar is riot occasional but frequent. He finds oh these facts and . inferences vhat the ' defendant did. net "keep" this bar (that is this room) as a piaco for the consumption of intoxicating liquor. He says that if the section had made the permitting a place to be used as a resort for this crusnmption of intoxicants ail offence defendant must have been convicted. He refers to the distinction which tho Licensing Act draws between offences wbic-ih consist *in permitting certain th'ngs and that other class of offence which consists of doing certain things, and adds that there is no ground for confounding the one with the other. Ho concludes thus. "Hero ti'ne thing prohibited is keeping premises for a certain purpose. It is" I think, the purposes for which defendant keeps this bar and no: the purpose which other peopve may have in coming there*, which is tho essential point. Now it is not only suggested that defendant keeps this bar for purposes of the consumption of intoxicants' therr-. but such view is expressly repudiated by pi osecution." If the offence created had been the keeping or usin<£ wholly for tho purpose forbidden 1 should concur in this reasoning, but this is not the case. Subsection (1) iof Section 37 m.;!tes it illegal 'o keep or use any building, room, or other premises in any r.oI'ctfnao district as a. place of xesort for tho consumption thereon of intoxicating liouor. .A room in defendant's hotel is with his knowledge and consent habitually used by a number of persons as a place of resort for the

consumption of intoxicating liquor therein (or in the language ef the section ''thereof")' Defendant supplies these persons with glassies for the use of which a charge of threepence :s made. They can a.so be supplied with soda, water' or oilier beverage (nonintoxicating of course) at 3d per bottle. Tt is not stated that it is compulsory to take and pay for sutih beverages. If that were the fa-ct I think it would have been stated. In my view of the matter, however, that poftit is not, essential. Obviously, but for the facilities thus afforded for the consumption of intoxicating liquor, these persons would noi> resort to this room and bar. A person keeps or uses a room for the purpose or purposes for which lie knows it is resorted • to. 11 is immaterial, on tho question of keeping or using, that he may also keep for sale non-intoxicatina beverages. It is of course in his power to forbid nnd prevent a breach of the law by, persons consuming intoxicating liquor in the room. The occupier and every person having or taking any part in .the care, management, or control of the same, are severally liable to a fino not Exceeding twenty pounds for every day on which t'he premises are so used. , The persons found on any premises so kept or used are liable to a fine of not less than five pounds. I do not see how the conduct of the defendant can. as found iby the Magistrate, be construed as bniy "permitting" the place to be used as a resort. To my mind, he clearly keeps it for that purpose, although rot for that purpose solely. The appeal will be allowed, and the case remitted to the Magistrate. Comjlainan;. wili havo £7 7s"costs.