PIE CART IS HELD TO BE RESTAURANT

Chronicle (Levin), 4 July 1947, Page 5

PIE CART IS HELD TO BE RESTAURANT

— ♦ — — - PrPSa A tcnninfinrt

Phi 'Vp.lp.nranh .

CHRISTCHURCH, July 3. Whether or not a eoffee stall canitunder the deflliition of restaurant, was a question raised in the Magistrate 's Court today When the proprietor bf a coffee stall, Wilfred Raymond Anderson Wilson (Mr. J. K. Moloney), was eharged with allowing liquor to be consumod in a restaurant at a time When ticensed premises were required by law to be closed. • Senior Sergeant G. H. L. Holt, who prosecuted, .said that the ease was probably the flrst of its type in New Zealand. He contended that when a pie eart was made tefiiporarily immovable by jacks or legs, it becatne premises for the time being, Mr. IMoloney contended that "premises" implied'sotne definite place with metes and bounds. The word did not include a public street, A pie cart hano bounds. On one-side it had a canvas flap with an opening. ■ In the middle it was not conflned Space— it was not limited as persons could stand outside on the pavement alid( eat the goods sold. Mr. Raymond Ferner S.M. held that when a pie cart was set up the persons inside were in premises and he flned Wilson £2. He warned accused not to permit the offence to oceut again as the maximum flfie for a second conviction was £25,