ONUS ON LICENSEES.

Dominion, Volume 6, Issue 1766, 3 June 1913, Page 6

ONUS ON LICENSEES.

DR. M'ARTHUR'S VIEW, THOROUGH CARE REQUIRED. Hotting in. hotels, and various other matters concerning the conduct of licensed premises, were discussed before tho Wellington Licensing Bench yesterday. Tho police reported in. respect of tho Duko of Edinburgh Hotel that men wero frequently found in the bar under tho inlluenco of liquor, that bookmakers frequented tho premises, and that tho licenses did not pay strict attention to his business. In tho case of the Wellington Hotel, also, it was reported that bookmakers frequented tho premises. Mr. M. Myers appeared for Mr. E. Dwyer (tho licensee of tho Duke of Edin. burgh Hotel) and Mr. J. J. M'Grath for Mr. L. C. Jansen (licensee of the Wellington Hotel). When the chairman of the Bench read tho report concerning the Duke of Edinbough Hotel, Mr. Myers remarked"l propose to submit that tho statements of tho police raise no ground of objection whatever." Dr. M'Arthur: Theseare not objections. Superintendent Ellison said that tho report of tho police was made with tho object of showing the Bench tho manner in which tho houses were conducted, and tho character of tho people who frequented them. The Act required the polico to report.

Mr. M'Grath said that it was true that a bookmaker had been recently convicted of betting in thoi Wellington Hotel. Ho would, however,", call Detective-Sergeant CasseJls to give evidence to the effect that, as far as he knew, tho lioonsoo, in no way permitted gambling 011 bis premises. Mr. M'Grath added that tho licensee of tho Wellington Hotel was "ono of the most eager men" in tho hotel business to comply with tho Act. Dr. M'Arthur said that the Bonch ■would liko licensees to understand that the position was that licensees must inado their best endeavours to keep their houses clear of those who indulged in lotting. It was llot merely a casual or haphazard caro of tho houses that'whs required; the attention must be earnest. Tho Bench did not want to interfere with men who conducted tlieir houses in an honest manner, and the Bench realised that some--times people who wero not wanted got on the premises without tho. knowledge of tho licensee. "Wo don't wish to be hard," added Dr. M'Arthur "but We wish licensees to know that they must be active in keeping their' houses clear of such characters." , Tho clerk: A conviction is a record against a house. The chairman: Mr. Holmes reminds me that a conviction is a record against a house. I presume that no one wants a record against him. The renewal for the Wellington Hotel was then granted. Subsequently the question of the renewal of a licenso for the Duko of Edinburgh Hotel was considered. t Mr. Myers repeated his submission that no valid objection to the renewal of tlio license had been made. Of the various valid grounds for objecting only one could possibly apply in this case judging ; by the police report, and that was one which read: "That the licenso is oonducted in an improper manner and drunkenness permitted therein." The police reported that the house was indifferently conducted: there was a big difference in 'indifferent conduct and "improper" conduct. Also, "under the influence of liquor . was a very different thing to "drunkenness. No'prosecution had been brought against the licensee. It was said that bookmakers frequented l tho premises, but a licensee had no right to. refuse a bookmaker admission . to his hotel simply becauso ho was a bookmaker. '• ■ Superintendent Ellison said that the report did not purport to be an objection. As,regards,jMr.I;MyersfS|,p,bservation1;MyersfS|,p,bservation that thero was no allegation of the permission of drunkenness 011 the premises lie would remark that sufficient caro was not taken of customers. It must bo" remembered that a man might'bo able to stand up to the bar all right, but would fro to pieces" when he got some little -distance outside. , , Dr. M'Arthur said that tho Bench desired to say that, while tlio superintendent had onlv carried out his duty on reporting on "the hotels, the report did not amount to an objection becauso tfie only objection could be on the ground of tho conduct of the house in an improper manner. A license might be indifferently conducted, but that did not amount to being "conducted, in an improper - manner From tho wording of the sub-section it was doubtful if "improper conduct' did not need to bp coupled with "drunkenness" to form' a valid- ground of objection. The Bench would grant the license, but thought, at the same time, that tho licensee should understand that he . was to be very careful indeed about the hftel. There might be, of course, a great many who went into the house and the licensee wduld be just as pleased if tlioy never entered tho premises at all.