CONDITIONAL LICENSES

Dominion, Volume 12, Issue 197, 15 May 1919, Page 4

CONDITIONAL LICENSES

''AN IMPORTANT DECISION. Hy 'Telegraph—Press Association. Hastings, May 14. Mr. Dyer, S M., delivered his reserved judgment in the case Police v. Holhs. Defendant was charged under section 215 of tho Licensing Act that, being a prohibited person, he entered licensed premises, viz., the licensed booth on the racecourse. The defence was that tho booth was not within the meaning of "licensed premises" .in section 215. • A conditional license Was issued under .section 82, and no mention was made of any particular-premises, which is the caso in dealing .with publican's licenses. The ' Magistrate, in his judgment, held that' ■ a place where liquor is sold under conditional license was only lo be considered licensed, premises'in. so far as offences against rnibjic order, illicit sales and adulteration of liquor were concerned. In respect of prohibition orders owl t breaches of s.uon orders he did not think the places to which' conditional licenses referred could be deemed licensed premises. He thought therefore the defendant, did. not entet licensed premises. Tho informatioh was dismissed. In view of the Magistrate's decision a member of the Hawke'6 Bay Licensing Committee has filed a notice of motion that the committee shall refuse anymore conditional licenses if tho iudgnwut is upheld.