LICENSING LAW

Dominion, Volume 14, Issue 10, 7 October 1920, Page 4

LICENSING LAW

RIGHT OP SALE TO LODGERS. By 'l'oleuranh-Presa Association Christchurch, October G. A little-known point in. licensing law was raised with success at Lyttelton today, when the licensee of the Empire Hotel was charged with', having sold liquor during prohibited hours, also with having exposed liquor for sale during 'such hours. The police evidence was to the effect that three men wore found in the commercial Tooni of the' hotel before 9 a.m. with liquor in front of them. Two of them were boarders, and one was not. Counsel'for the defondant said that a judgment.given on an appeal bv the hito Mr. Justico Richmond in a similar case in 1895 still stood ns tho correct interpretation of the law on tho point. The judgment said: "A sale oi liquor by a licensed innkeeper on a Sunday to a lodger for consumption by himself and others whom he has mot in tli6 vicinity of a bar and invited, to have a drink with him, the lodger calling foi tho drinks and paying for them, is a salo to. tho lodger within the meaning of section 156 of the Licensing Act, 1881, and i 6 lawful under that Act. Tho more exposure of liquor in a bar, so as to bo visible to others whilst drink lawfully 6old to a lodger is being handed out "from the bar, does not constitute exposure for sale to such others, or an exposure for ealo generally within tho moaning of section 155 of the Act." Tho Magistrate, Mr. S. E. M'Carthy, accepted the decision quoted. It used to bo tho law, ho said, that ii lodger could only be supplied for his own consumption. It was now extended to covei a sale to a lodger for tho entertainment of his guests. The fact that the. AVai Regulations Act made shouting illegal did not affect tho point in the Licensing Act. Tho information was dismissed.