LIQUOR IN NO-LICENSE DISTRICTS

Dominion, Volume 7, Issue 2198, 10 July 1914, Page 9

LIQUOR IN NO-LICENSE DISTRICTS

. « r A "SOFT-DRINK" BAR. (Bγ Telegraph — Piesa Association I i 1 Inveroargill,' July 9. ' In his judgment in the Club Hotel case, Mi. Justice Denniston upholds the appeal from the Magistrate's decision. His, Honour said, "ilns is an appeal from the Stipendiarj Magistrate on his dismissal of the information charging respondent that, being manager of the premises known as the Club Hotel, at luvercargill, ho did keep such premises as a place, of resoit foi the consumption uf intoxicating liquors. Tho information was laid under Section 37, Subsec- ■ tion 3, oi tho Licensing Amendment Act, 1910. After quoting the whole section of the Act, His Honoui goes on to'say: The facts are not in dispute: They are thus stated by the Magistrate: (1) The defendant is landlord of, and nns control-of,'premises knowiK as the , Club Hotel Invercafgill,' whichHs a' No-Licenso district under the Licensing Acts; (2j one' or the rooms of tho said Club- Hotel is fitted up as a so-called temperance bar, where no alcoholic li-quors-are obtainable; , '(3) this bar is used as a resort bv many persons, who bring with them alcoholic liquoi, which they, consume there, and tho bar was bo used between March 7, 1914 ? jnd May 3, 1914; (4) defendant supplies customers with glasses and soda water, and Biich like beverages, and charges them 3d for the use of the glass, and 3d. for Each bottle of soda water or other bev»raKe\supp]ied. "The Magistrate finds that this must mean, or at least include, that tho room m which the bar is fitted up (which ia part of defendant's premises} is a roi sort of a number of persons whose main fiMect, in many instances, at all events, may be said, without any breach of charity, to be tho consumption of alcoholic liquor which they bring with them. Furthei, that tho evidence shows that ifhis use of the bar is not occasional, 'but frequent. He finds on theso facts and inferences that the defendant did Dot "keep" this bar—that is, this Toom — as a place for the cons jmption of intoxicating liquor. 'Ho says thai the • section had mado the permitting of a place to be used as a resort for tho consumpnon of intoxicants an offence, defondant must ha\e Deen convicted He refers to the distinction which tho Licensing Act draws between offences which consist in permitting rortain things, and that other class of offence which consists of doing certain things, and add 3 that thero is no ground for confounding the onoy with 'the other, and"he_ concludes thus*; "Here tho thing prohibited is keeping premises for a certain purpose Ifr is, I think, the purpose for which the' defendant keeps , this bar. and not the purpose which othor people may have in raming thero, which is the essential point

"Now, it'is not only, suggested that the defendant keeps this tar for the purpose of tho consumption of intoxicants there, but such view, is expresslv repudiated by the prosecution." If the offence created had been the keeping or tho using wholly for tho purpose forbidden, I should concur in this reasoning, but this is not the case. Subsection (1), of Section 37, makes it illegal to keep or use any building, room, or other premises in ' any NoLicense district as, a place of resort for the consumption thereon of intoxicating liquor. A room in defendant's hotel is, with his knowledge and consent, habitually used by a number of persons as a ■ place of resort for the consumption of intoxicating liquor therein (or, in language of the section thereof). Defendant supplies these persons with glasses, for tho uso of which a chargo of threepence is made. They can also bo supplied with soda water or other beverage (not intoxicating, of course) at 3d. per bottle. It is not stated that it is compulsory to take and pay frtr such beverages. If that wcro a fact, I think it would have been stated. In nn view of the matter, however, that point is not essential.

: :"It is. obvious that but for; tbo:facili;ties Vthus: afforded^fqrv'the : - consumption; of intoxicating : :persoris would'not resort to ; this-'rdoih-' and'bar. .'A; person'.keeps.or. rooraifor;.: a purpose or purposes for which he knows! it is resorted to. ; :It,is irhmatcrial, : on ; the question.of keepings or'-using, that ■he may also keep for sale non-intoxicat-i Ing beverages. It is) of course, in his. power to forbid and prevent a breach, of the law by persons consuming intoxieat-. lEKliquorin thoroorai; ;V;; /. . : ■..•'•';. : "The occupier, and every person having or taken anypart Ah thc-'casa, maniagement, or control of the same, ; are severally linble to a fine not exceeding £20 for every day on which the premises are-so used. Persons found on any,'premises so kept! '.-or used are liable to a fine of not. less than £5. I dri,ndtseo how the conduct of the defendant can; as found'by! the Magis-' bate, bo construed as only permitting ;t'h(j place to bo-used.fts a resort. To. :,mv mind'he clearly keeps it for that purpose, although not for tTTat purposo solely. : The appeal will be allowed,' and the'ease remitted to the Magistrate. Complainant will have £7 7s. ;COSts. . ';■■' '-. .-■ ■;■ '-' - •■;.-."•■;■•■'■- ■• '" '■''■■>•■ '. '■-