WHAT IS A RESTAURANT?

Dominion, Volume 13, Issue 263, 31 July 1920, Page 8

WHAT IS A RESTAURANT?

INTERESTING LEGAL POINT. A legal point of interest was involved in the case brought by the police against David E. Dustin of allowing liquor to be consumed in. Dustin's Eall, Cuba Street, on July !>, when an insurance office held a social evening. The case was heard by Mr. J. S. Evans, S.M., in the Magistrate's Court yesterday. InBpector M'llveney conducted the prosecution. and Mr. M. Myers appeared for the defendant. The action' wa9 brought under section 11 of the Act, and the question involved was whether or not the hall was part of the restaurant. It was explained by the inspector that the hall could be entered direct from the street, and there was an entrance from inside the building. On the date in question tho hall was let to a party for a social gathering, aiid 60me sixty people were present after the dosing hour of licensed premises, and the party had refreshments, and there was- a keg of beer. The liquor was purchased by the party holdI Jmr the gathering, Dustin's supplying the food. The inspector contended that tho hall or room upstairs where the gather. 1 ing took place was part of the restaur(int., Ho urged that it was part of the premises—for there was an entrance to it from within. He urged, also, that the upstairs room was a restaurant under the circumstances. For the defence, Mr.( Myers point™ out that the ball was lot for meetings and social gatherings only, and was not used as a restaurant in any way. Even during the pressure of the visit of the Prince of Wales the upstairs room was not used as a restaurant. If supposing n function was held in the Town Hall, and Dustin's. Ltd., supplied tho food and someone eke supplied the refreshments, it could not be held that th» Town Hall was therefore a restaurant. Dustin's Hall was used exclusively for the purposes already indicated, and when the hall was let, itlie tenant was in possession, and could not be turned out. A restaurant was a place where food was sold to the general public, and in this hall food was not served to the public. The action was an amicable one. Stated Mr. Myers, which had been taken in order that a ruling of the Court could be obtained. There, were other firms in tho same position ns Dustin's and, furthermore, every' person who attended such gatherings was liable to prosecution if tlie contention of tM police were held to be correct. His Worship resorved judgment.