LICENSING CASE.

Wairarapa Daily Times, Volume LXVI, Issue 11977, 14 May 1914, Page 6

LICENSING CASE.

POINT OF LAW BAISED.

MAGISTRATE RESERVES JUDG-

MENT,

[By Telegraph—Press Association.] INVERCARGILL, Wednesday. An interesting enso came before Air T. Hutchison, S.M., to-day, when A r ictor Coleman was charged, with having, between March 7th and May 2nd, us manager of the Club Hotel, Invereargill, being a No-license area, allow ed such premises to be used as a place of resort for the consumption, of liquor. Inspector Norwood, in stating the facts, said that for some time past it liad "become the custom for some private hotels to set aside a bar, apparently for the purpose or. providing aerated water. The bottle was usually .handed to the barman, who drew the cork and poured out the liquor. 1 ayment was made by the customer at the rate of 3d for the glass and 3d for the aerated water. This practice had been extending to such an extent that it was difficult to perceive between it and that which obtained in license districts. The opinion of the Crown Law officers had been sought on the matter, and it was as the result of that opinion that the present proceedings had been instituted. It was also the custom for drunken men to be seen coming out of theso places. It was no offence against the law to bring drink into the premises. Therefore, it was hard to distinguish the difference between licensed and unlicensed districts, if the custom were to be held

le<ml. Mr Inder, for the defence, did not call evidence as the defence was based on the law. There had been no suggestion of the illicit sale of liquor. Before a conviction could be recorded,, the Court would have to consider only one point: What was the primary object ot these persons in going to the Club Hotel "Their primary object, said Mr Inder, "was to get the utensils with which to drink, if they already Lad liquor in their possession; and it they were fearless enough to drink in the' streets, there was no law to prevent their so doing. Let the Police Inspector ask his oilicial, and if he received an honest answer, he ,woulu be told that dozens of empty bottles were to be found each day in the urinals of the town- The law as it stood, according to the police interpretation, was forcing people to drink_ in urinals and out-of-way places. If the primary object of those people in going "to the Club Hotel was to get drink, then Colemau would have to be convicted. If it were not, then the information should be dismissed. Under the Acts interpretation Act, the Court was entitled to look at the preamble of the Act. That showed that the Licensing Act was designed to give people greater control over the sale ot liquor, "it was not an Act designed to prevent, drinking, but to prevent the sale of drink. The whole trend of the licensing legislation was in that direction. Mr CoJeman kept v first-class boarding-houEe and a first-class refresament room. Before ho could bo convicted, it must bo proved that Ins primary object in keeping the m™ was that of keeping a sly-grog shop. 2;,s Worship: Oh, that's not suggeste<l kr Inder, continuing, said that the licensing legislation had been introduced by fanatics, who urged that it was a means of abolishing liquor. All the amendments to the Act had been made to that end. Nobody was game however, to introduce an Act to prevent drinkin". All that had been done Was to legislate so sus to prevent the sale of it in certain districts. His Worship asked If he was being requested to say that the informations dealt with the Club Hotel as :i whole, and not with the bar alone. He supposed the word "premises" could be made to refer to the bar, apart altogether from the other portions of tho 1 (remises. Mr McDonald (also appearing tor the defendant") said the primary object in keeping the bar was for the sali , of aerated waters. Hir Worship: Would you not forget that the bar is kept for the primary object of providing glasses at a charge of'i-id for each time they were used , .' Mr McDonald: Perhaps so, your Worship, and the price would be held to include a fire and other comforts for lull sin "hour or mo:>:. Hir Worship intimated that he would reserve his judgment.