DANCE HALL

Auckland Star, Volume LXXIII, Issue 173, 24 July 1942, Page 6

DANCE HALL

VISITS BY POLICE

OCCUPIER BEFORE COURT

Recent visits by the police and also by a Methodist minister to the Rio Club, in Karangahape Road, were described in the Police Court this morning when James Morton McGill appeared on summons on six charges that, having control of a dance hall, he permitted liquor to be taken into the premises.

Mr. F. W. Schramm represented defendant, who pleaded not guilty to all counts.

Senior-Sergeant Harley prosecuted. Sergeant J. Southworth said he went to the Rio Club at 10.15 p.m. on June 26 in company with Sergeant W. S. Brown and found between 60 and 70 persons present. Some were drinking a near beer, but most were drinking ordinary beer. Apart from drinking and dancing there was no other form of amusement. No food was supplied. Behind a counter there were a number of lockers containing beer and also some near beer. One man produced a member's locker check and demanded four bottles of beer in the locker. "Well Conducted" "The defendant. McGill, arrived later and said he was the occupier, but would not admit that the premises were those of a dance hall." added Sergeant Southworth. "No exception could be taken to the conduct of anyone there, even if they could not be described as the first citizens of the city." The sergeant said 2/6 was charged for admission. Music was obtainable by patrons inserting a sixpenny piece in the slot of a mechanical instrument. Mr. Schramm: I think you will admit that no liquor was sold on the premises. Witness: There was no evidence of any liquor being sold on the premises. I am satisfied the liquor was brought bv clients who frequented the club. Sergeant Brown also gave evidence, while Constable E. F. Blanchard told of four visits he made to the club. He did not bring a partner and on one occasion he had a dance. The Rev. Albert Everill Orr, Methodist City Missioner, said he visited the club at 12.30 a.m. on June 2fi. He was dressed in the uniform of an army chaplain and was accompanied by three friends. Those present. included some foreign seafaring men and men belonging to different branches of the forces. He and his friends paid 2/6 for admission. He saw liquor being consumed. He stayed in the club for an hour and a half. Senior-Sergeant Harley: Did you see any indecency, misconduct, or anything in the nature of an altercation?— No. but the kind of behaviour was not what I have been used to. I could not say that anyone was singing out or making a noise. Submission Fails While admitting that liquor was brought in and consumed on the premises, Mr. Schramm submitted that the premises were not those of a dance hall within the meaning of the Statutes Amendment Act, 1939. No payment was made for admission to a dance, and no orchestra was provided. Counsel called a witness who said he went to the premises to listen to the music and watch people dancing, also another witness who serviced the musical device installed. Both stated that they had seen persons put coins in the machine just to hear the music.

The magistrate said he had no uount about the legal position in the case. He thought the dominant purpose was that of a dance hall or a drinking place, or the two together, a place of concourse where people could drink or dance.

This is one of the many cases where persons can, by some scheme or device, try to evade the law" added Mr. Luxford. "When people try to dodge the operation of the law by some clever device, they must pav the penalty." Defendant was fined the maximum sum of £20 on one of the charges and convicted and discharged on the others.

i ! If business continues it is the dut> of the police to visit it each and every night and prosecute if necessary. the magistrate said. "By means of fines the business can be clo dm n P and automaticaly

A small quantity of liquor found ? n the premises was ordered to be forfeited.

men, Ray Pearson and Richard Copping, each of whom Pieaded not guilty to a charge of having liquor in a dance hall, were each fined £3 and costs.