IS A RACECOURSE A PUBLIC PLACE ?

Dominion, Volume 2, Issue 486, 20 April 1909, Page 6

IS A RACECOURSE A PUBLIC PLACE ?

AN INTERESTING CASE. tBT tslmbifh.—snciAi. conaisrohDßdr.l Napier, April 19. 1$ a raoeco'jrse a public place?- A distinctly interesting decision on this point of law < was delivered at the Magistrate's Court here tins morning, -when :^ohii T .Bibby, the proprietor of a buck-jumping sliow t was charged with using threatening* behaviour on, the Napier Park racecourse, whereby a. breach of > the -peaco was occasioned; ■ After evidence had been heard. Mr. 8.-J. Dolan, who .appeared for defendant,' raised the objection that tho-police had failed 'to prove that the Napier Park racecourse was a'public place: within .ihe meaning of/the Act. Ho saidHhat the information was laid under-Scctio'n 28 of-.the Polico Offences Act, where it was laid down that a Tacecourse i was'a 'public 'place' "where ■ tho public were admitted free or on-payment of gate money.' He submitted this > referred to .the whole- of tho public, and pointed out . that a moneyed man may nold a private racecourse where the public were not admitted, and this could not be considered > a public ,place. ■ Proceeding, I.Mr. Dolan.said, that .bis point was that under. !Section'B<kofi tho V,Gaming.} Act ; racing. clubs' hadr.the right to. regulate admission to their 'courses,; and certain persons • could be refused •permission;' -The'-whole of the public could not then- hare access; '-'free or on payment of gate money," and'he held that unless it oould be proved by- an official of the , club >that' the whole' of'the public had access either freo or J on payment of gate money to tho Napier Park racecourse it could not be neld to be a public place. Ho held that unless this was done ihis 'Worship was not justified in taking judicial notice of the case, and ho (counsel) ■ was entitled to a dismissal. ■ His Worship (Mr. S. E. M'Carthy, S.M.) said although it had been proved that - a breaoh of the peace had occurred the police had to prove that 'the' racecourse on which ■ the' .offence' took : place was a racecourse /oh which the public had access, either free or on • payment of gate money. Tho way to provewfa' by/some official to, show that racing was being carried oix on a reserve where these conditions ■ applied, which would negative tho possibility .of;, the question being raised that ■the'-racecourse had 'not been 'open to the publio at all. This had not been done, and tho case must bo dismissed. • :