GILBERTIAN

Dominion, Volume 7, Issue 2148, 14 May 1914, Page 6

GILBERTIAN

THE " BARS " IN INVEBCAECILL CUSTOMERS' iNEEDS. fflr Tfllegraph.-iPr«« Association.) invercargiii, May 13, An-interesting case came before Mr, T. Hutchison, 8.M., to-day, wlieit Victor Coleman was charged with haviu«. between March 7 and .May 2, when manager of the Club Hotel. inveresfgiU (a_ No-License area), allowed his premises to be used as a place of resort for the consumption of liquor. Inspector Norwood, in stating -the fscts, said that for some time past it bad become tlio custom for some private hotels to sot aside a bar apparently for the* purpose of providing api-atedwatero. Persons went, int-a these bars with liquor in their possession, and were given a glass and. aerated water, five bottle was usually handed to the barman, who drew the' 'cork and j)or,'\-rf out tho liquor. Pavntcnt was made by. the customer at the .rate of 3d, fnr a glass, and !)d. for aer.itetl water. This practice -had been extending to fidph an extent that it was difficult to perceive- .between it and that which' obtained ifi licensed districts, 'ilie opinion nftlic Crown Law officers had been sought on the matter, and it. was, as the result of that opinion, that tho present proceedings had been instituted. It was also the custom for drfuiken men to he seen coming out of these places. H was we, offence acainst .{he law to I bring (triiik into .' tho premises, and. 1 therefore, it was bawl to distinguish the difference between licensed' arid unlicensed districts if this custom were to be held legal. Mr, Inder, for the defence, did not call evidence, his defence boing based en questions of law. There has! been, lift said, ho suggestion of the illicit sale of liquor,- and before j conviction could be recorded the Court. would have to consider only o»e point. What was the primary object of these persons going to tho Chtb Hotel' "We say," saitl Mr. Imlor. "that their primary object vva,; to jrrt.the utensils with which to drink. If they already had liquor in { their possession, and, if thev were fear- J less enough to drink in the streets, : there was no law to prevent their doing i 80. Let the police inspector ask life officmls, -and, if lto. received ah honest answer, he would be teld that- doaens of empty bottles were to be found each day in the urinals .of tho town. Tke law, as it stood, acopi-ding. to the police interpretations, wasforcing people to drink in urinals, and out-of-the-way places. If the primary object of those people in going to ttie Club Hotel was to ifiet drmk, then Coleman would havo to be convicted. If it were not, tben tlio information should be dismissed. The Court was entitled to look at the preamble of the Aet. That showed that the Licensing Act was designed to β-ive people a greater control over the sftle of liquor. It was not an Act designed to prevent drinking, but to prevent the sale of drink, ami the whole ti-ond of the licensing legislation wa* in that direction. My. Cclehw.ii kept a first-class baa-nlinghmtfi-e, and a. first-class refreshment rtioiii, and before he could be.convicted, it must be proved that his primary object'in keeping the place wa,s that of keeping a s}y-grog slMp." ~ His Worship; ()I>, that's itot suggested _ Mr. lijder, contimiing, said that to licensing legislation had been intended hy the fanatics wlio qrged- ft as« meaiis of abo-Ksning Hcitior, atid ail the nmendnrents to. the Act had been made to that em]. Nobcdy \yas,gaMe, .howeyer,. to iiitrodace aii' -i Abt to , prevent drinkiiig. .'. . ■ ' His Worship asked if ho was loisig requested to say that, tlio informations dealt with the Club Hotel as a whole β-nsl not with the bar alone. Mr. Mncßonald (also appearing for defendant) said thnt the primary, object, in keeping the bnr *as for the sale of aerated waters. . / His Worship: Woald you not forget that the bar is kept for the primary object of providing glasses at a. charge ef M. for eacli tim« titoy are used? Sir. JSacDonakl: I'erhaps so, yonr Worship, and the price wouM bo held to inclvido a fire ana ether comforts for lialf ,i!i> hour or move. . Sis Worship intimated that he would reserve hidgmont.