LOWER COURT.

Dominion, Volume 6, Issue 1659, 28 January 1913, Page 4

LOWER COURT.

(Before Dr. A. M'Arthur, 8.M.) UNREGISTERED GIRLS IN BARS. THE ENIGMA. HOW DEFINE A "PRIVATE BAR"? Four Wellington hotel licensees were proceeded against in the Magistrate's Court yesterday on charges of having employed unregistered barmaids. Tho licensees were John Thomas Levett, of the Adelph'i Hotel; Melville H. Robertson, Commercial Hotel; Margaret ' M'lntosh, Royal Tiger Hotel; and John C. Mason, Hotel.

Mr. H. H. Ostler prosecuted, and Mr, T. M. Wllford defended.

The case of J. T.'<Levott, of the Adelphi Hotel, was taken first. Tho charge was that Levett had employed in or about the bar (or private bar) of the hotel, at a time when the bar was open for the Bale of liquor, one Alberta Plum. Plum was not registered as a barmaid under the Licensing Amendment Act, 1910.

Mr. Ostler asked permission to amend the information, 6o that only one' offence : would be. alleged. He proposed to ; deal the. case as it related to private bars, and so' asked that two. words in the charge—"bar or"—should .be struck : out.- \ '

Mr. "Wilford raised a primary objecting. Ho asked the Court if there was power to amend an information if no offence was alleged in the first instance. If an alternative offence was alleged, he admitted, there, would be a right to amend. But here no offence was alleged, and he .could not, therefore,, bo put upon his defence. .

Mr. Wilford (continuing): A bar is a place which is open' to the public,' and opens immediately on to the street. If it (the Act) means "bar or private bar" it means private-public bar. . . . We havo an information ; laid against us'that we kept a bar or a private bar. What in tho world is. that? I am sure I don't know.' . N ;

The Magistrate; You mean- there canpot be. such a thing.

Mr. Wilford: No, there cannot. The Magistrate: You mean that I might go into a hotel, and they could say to me, "You can't get a: drink here. We don't want you. This is a 'private bar!" Mr. Wilford: Yes; but I do not think they would say that, to you, sir. Mr,'. Ostler submitted that, though Mr. Wilford's point was most ingenious, it was unsoiuid in law; the information alleged two alternative offences. ' •

Proceeding, Mr, Ostler said that "bar" meant "public bar" as distinguished from "private bar"- — Mr. Wilford (interrupting): Only if it opens immediately on to the street. ' . Mr. Ostler:. Quite;so. .... Tliev are Charged alternately with having employed an unregistered' barmaid in a\ public 'bar and, in a. private bar. The ; objection taken by .Mr. Wilford is one of tho most highly technioal I have ever heard in this Court. '

J The Magistrate: In a definition' of a '■'public bar," or "bftT,'>< :I"hold' that : these two terms are synonymous. They may call it a "public bar" or a "bar," and that means any room opening right straight but on to tho street. Now, when you qualify the word "bar" by another adjective, and make it a, "private bar," tho terms. aro" not • synonymous. . , . There.aro twoi offences alleged. . Mr. Wilford: Then you over-rule my objection?. ' . The Magistrate: Yes. Mr. Ostler then quoted from tho statute to the effect that no female (apart from those excepted) should bo permitted to serve,inor about a bar, or private bar, in any capacity. : ' Mr. Wilford: Yon will'notice tho words "in any capacity." She would not be allowed to scrub the floor.

The Magistrate: 1 have never heard of a barmaid sorubbing the floor, j . ; ■ Mr. Ostler: They are not being ■ prose-, cuted for scrubbing tho floor.-

Mr, Wilford: It would bo illegal. Mr. Ostler: We havo been spoilt in New Zealand by having everything interpreted for lis; n largo , part of the duty of thp Court has been done by the Legislature. I submit'that a private bar is a room or lobby, used in a hotel, for tho sale of liquor, jrfjich does not .open', immediately., on to the street. .

The Magistrate: That js to 6ay that it is a place where anvone who does not happen to be a-guest, or living at the hotel, may. go. • Mr; Ostler: Yes.

Mr. Ostler said that when tho Act of 1881 was passed no such tiling as a private |I>ar was known, and it was provided in that Act that, although a license only gavo' a -licensee pgwer ,tp have one bar, he could apply for as many more bars as ho liked.-For any extra bars he would have to pay additionally. In 1893 tho power of committees to grant more than one bar to licensees was taken away, and then the private bar was thought of. Some astute lawyer found that only the bars which opened immediately on to the street were bars within the meaning of the Act, hence the private bar. Mr. Ostler said that in the case! of the Itotel Cecil, in Wellington, practically three hotel businesses wero carried on with one license. -They must accept as the definition of a private bar a "room, passage, or lobby in apy licensed premises wheroin the publio may enter and purchas'e liquor." "If it in not apparent," continued Mr. Ostler, "I submit that it is the duty of tho Court to find tho meaning and give a definition. And I submit that when the history of private bors os considered, the meaning will be quite cleiir." Police-Sergeant ICelly . gave evidence to the effect that hp hn<l visited tlio' Adelphi Hotel, and in the private bar there saw Alberta Plum serving drinks. Plum had told him that, she ivas not registered, and Was not eligible for registration. Mr. Wilford: Can you tell the Court in jvhat_respect the bar in which the girl wasworking is nrivote? , Sergeant folly: It is not private. The .only pnblic bar in the house is marked "private." . . . It is called private, but the only difference is that the drinks are more expensive, i Mr. Wjlfiird: Therefore tho'part you "private" is "public," and the part you call "public" is under the Act "private," .

■ Sergeant Kelly: Yes. ' 1 ' • . At this stage the case was adjourned till 2.15 this afternoon. HIS PLACE OF REFUGE. Thomas Layin wag deemed by the police to be a rogue and a vagabond because he had been found by night on tho premises of' Frank Show, in Willis Street. Mr. H. F. O'Lcary appeared for Lavin, and explained that his client had been under tho influence of liquor, and had gono up the stairway to sleep, lest ho should get "run in" if he were found intoxicated on the street. Dishonesty could not bo imputed to him. Ho was willing to bo prohibited. Tlie Court dismissed the charge, and issued a prohibition order against Lavin. SLEEPING OUT. James Little pleaded not guilty to tho charge of his being an idle and disorderly person. Police constables gavo evidence tp the effect that Littlo had been sleeping'in stables, and in Newtown Park, arid had been obtaining food by bogging.' .Little was sentenced to one month's imprisonment. SHIP DESERTION. St. J. Ingerbretsen pleaded guilty to a charge of his having deserted tho steamer Wimbledon on November 1, 1012.

'Chief-Detective Broberg stated that after deserting tho defendant had joined the cable steamer Iris, nnd had then taken a job qix tliQ .Waihora, ou ivhjol^

vessel lie had been arrested on Sunday by Detective Andrews. Ingorbretscn was sentenced to fourteen days imprisonment. • ' • OTHER CASES. Michael M'Pherson and Thomas Kelly wore each fined J!1 for having broken tho peace'if Courtenay Place. • John Daymond was fined.il, with 7s. costs, for having been in the Clyde Quay •Hotel on November 28 when the.premises were required to be closed.