CONTROL OF THE LIQUOR TRADE.

Star (Christchurch), Issue 5655, 28 August 1896, Page 5 (Supplement)

CONTROL OF THE LIQUOR TRADE.

Mr Justice Denniaton has, in addition to making Ms own position quite clear, done a public service in commenting upon the remarks made on Saturday last by Mr Beetham, S.M., in dismissing an information laid against an hotelkeeper for Sunday selling. It seems that in Mr Justice Denniston's opinion the fact of liquor being supplied in an hotel bar during prohibited hours may be taken as presumptive proof of sale, if the magistrate is not satisfied as to the credibility of those swearing that it was a gift. We do not propose to discuss the point raised as to whether a magistrate in a court of inferior jurisdiction ought or ought not to consider the probabilities of his judgment being reversed on appeal. It is, we know, quite usual for that contingency to be taken into account, and even for magistrates to give as a reason for dismissing informations that they do not believe the higher court would convict on the evidence. Mr Beetham may have misunderstood Mr Justice Denniston, or he may not. Thes point, however, that we wish to .emphasise is, that when so much is left to the discretion of magistrates, a good case is made out for a clearer enactment on the subject of selling liquor during prohibited hours. The Commissioner of Police has for some years contended for an amendment of our law in this direction. ( In his recently published report, Colonel Hume says that what ia required on our Statute Book is Clause 25 of the Imperial Licensing Act, 1872, in Mo, and not, as at present, merely the last few lines of that clause.-. .This is the clause referred to by the Commissioner : — If during any period during which any premises are required to be closed any person is found in such premises, he shall, unless he satisfies the Court that he was an inmate, servant, or a lodger on such premises, or a hona fide traveller, or that otherwise his presence in such premises was not in contravention of this Act, with respect to the /closing of premises, be liable to a penalty aot exceeding forty shillings. Any constable may demand the name and - address of any person found on any premises during the period during which they are required to be closed, and if he has reasonable ground to suppose that the name or address given is false, may require evi.dence of the correctness of ' such name and address, and may, "if such, fail upon such demand to give his name or evidence, apprehend him without warrant, and carry him, as soon as practicable, before a Justice of the Peace. Any person required by a constable under this section to give the information above, or who gives false information, is liable to a penalty not exceeding five pounds. Every person who by falsely representing himself to be a traveller or a lodger, buys or obtains, or attempts to buy or obtain at any premises, any intoxicating liquors during' closing time, shall be liable to a penalty not exceeding five pounds. The above, it will be seen is very drastic in its operation against persona found on licensed premises during prohibited hours ; but it does not cover the whole ground of our present requirements. The mere fact of liquor being supplied in prohibited hours to a person who is not entitled by law to be served ought to be declared a contravention of the terms of the license certificate ; in other words,

the onus of proving that there was no sale should be thrown upon the hotelkeeper. Either our lavv should be altered in these directions, or we should abandon all pretence of restricting Sunday traffic in intoxicants.