DRINK IN DANCE HALL

Timaru Herald, Volume CXLV, Issue 21188, 8 November 1938, Page 8

DRINK IN DANCE HALL

Test Case in Dunedin Decision Reserved By Telegraph—Press Association DUNEDIN, November 7. A case of considerable interest to dance hall proprietors in the city, and to those who attend dances, was heard in the City Police Court this morning, before Mr H. W. Bundle, S.M., when Frederick Page, a member of Dick Colvin’s dance band, was charged with allowing intoxicating liquor to be taken to the Peter Pan Cabaret, and to be consumed there by patrons. Opening the police case, SeniorSergeant Classen said that he understood that counsel for the defence would attack the validity of the bylaw and he submitted legal argument to support its validity. The facts were that the defendant Page was a member of a dance band. Page was ostensibly the manager of the Cabaret, and shared with the band any profits from weekly dances.

On September 24, said the SeniorSergeant, Constable Kelly visited the Cabaret and paid 7/6 for a ticket for his partner and himself. There were cubicles around the sides of the hall, and on the tables the constable noticed gin, sherry, whisky and beer. The liquor was brought to the hall and the management supplied glasses. When interviewed, defendant made no attempt to deny what the management was doing. He freely admitted that 1 ..trons took drink to the hall, and that he did not have the written permission of the Dunedin City Corporation for the liquor to be consumed on the premises. Helen Myrtle Page, wife of the defendant, said that she had interviewed the Inspector of Police before the Cabaret was opened. She had explained everything to him, and had asked if liquor could be consumed on the premises. He said it would be permissible, but if they sold so much as a threepenny ice cream they would come under the Restaurant Act, and would be liable for prosecution. There was nothing to hinder patrons from taking liquor to the dance and consuming it there, if the dance were properly controlled. She had also interviweed the Chief Traffic Inspector and the Labour Department. Reserving his decision, Mr Bundle said that the question of validity of the by-law had been raised, and he would take time to consider the matter. He intimated that if his view was that the by-law was ultra vires,or unreasonable, it would be the proper thing for the City Council to be given an opportunity of upholding its by-law.