A QUESTION OF LIABILITY.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVII, Issue 965, 3 September 1908, Page 20

A QUESTION OF LIABILITY.

Last Friday a case of considerable interest to hotelkeepers came before Mr R. W. Dyer, S.M., in the Police Court, when Charles Molloy, licensee of the Bricklayers’ Arms Hotel, was charged with .permitting drunkenness on his premises on August 2. Mr Selwyn Mays appeared for the prosecution, while Mr T. Cotter defended. The case resolved, itself into» one of law, as to how far a licensee is liable in permitting a lodger in a state of intoxication to remain in a public room on his licensed premises. The facts of the case, which were admitted by both parties, were as follows:—On Saturday, August 1, a resident of Wellsford came to the defendant’s hotel, and engaged a bed until the following Wednesday. He slept there on the Saturday night, and on Sunday morning had two small glasses of ale before breakfast. About 10 o’clock he left the hotel perfectly sober, but meeting some friends, who were possesed of a bottle of whisky, near the sawmills at Freeman’s Bay, he proceeded to quench his thirst, returning to the hotel under the influence of liquor about one o’clock. He had his lunch, no drink being supplied him, and afterwards went into the sitting-room. About 2.30 Sergeant Hanson found the man there. The sergeant spoke to Molloy, who explained the position to him. The

visitch- was making no disturbance. 'M'r D/erl The question is, Is Molloy guilty, of permitting drunkenness? Roth sides quoted the two leading New Zealand cases bearing on the subject, via., Faber v. Dyer .'(Wanganui), before Mr . Justice Edwards; and Mcßobie v. Rowden (Otago), before Mr Justice Williams. Mr Mays also cited the latest case under the English Licensing Act", that of Thompson v. McKenzie, the prosecution .having taken action in view of this judgment. His Worship reserved his decision, intimating his intention of putting it in writing.