PROHIBITION ORDERS

Dominion, Volume 10, Issue 3186, 10 September 1917, Page 7

PROHIBITION ORDERS

A telegram from New Plymouth as to the decision of the Supreme Court in an appeal heard there recently, published ill our columns, is likely to produce a misleading impression. It states that the effect of the decision is that a prohibited persqn. may be convicted of obtaining liquor not merely in the district or districts to which the order relates, but anywhere, in the Dominion. That iB correct. It was. decided long ago Sir. Justice Williams that short of obtaining liquor a person was liable to be convicted anywhere in Now Zealand if ho merely entered a licensed house. The message went on to say: "It is quite lawful for a licensed person in such districts to supply him, even if he knows of. the existence of the order." This, we are informed, is quite misleading. Such a licensed person is liable to a line for merely permitting the prohibited person to eiiter 01' be in his house,' and can be convicted without proof Of supplying: or of any intention to supply the man. This is made clear by the judgment in question. In point of form the conviction would be for allowing a prohibited person to be on the premises (tho licensed person can sell otherwise than on his premises), 'so that the conviction is easily, obtained, as a licensee, who, knowingly sells liquhr to a prohibited person, has necessarily committed the offence of allowing him to be on the premises, ami in this caso tho Magistrate cannot reduce the fine below £5.In the New Plymouth case; the licensee did not know that tho sole was to a prohibited person, but his barmaid knew it, and was-fined for selling to the man.

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