LIQUOR IN HIRED ROOM

Dominion, Volume 20, Issue 56, 30 November 1926, Page 10

LIQUOR IN HIRED ROOM

HOTEL LICENSEE’S RESPONSIBILITY

By telegraph.—Press Association. Greymouth, November 29. On October 19 a reunion smoke concert was held in the Post Office Hotel in connection with the Greymouth Main School jubilee celebrations. The licensee of the hotel (J. W. Wingham) was charged a fortnight ago with allowing liquor to be consumed on the premises after 6 p.m., although it had been purchased before that hour. The police contended that a permit issued under the Licensing Act provided merely for the use of a room, and did not allow the consumption of liquor.* Mr. W. Meldrum, S.M., reserved his decision, which he gave to-day. He said that the defence contended that during the time the room- was hired it was outside the licensee’s control, and for the time being ceased to be part of the licensed premises. Section 164, however, gave the hire of a room only. The exclusive control over admission to such room was independent of or unconnected with the proprietor. The right of the licensee was not restricted beyond depriving him of the right to interfere with the admissions to the function. His rights otherwise and his liabilities under the Act in respect of the licensed premises were not affected at all. Section 164 did not relieve him of any liability under section 190. If, therefore, he knew or connived at the consumption of liquor on the premises after hours by persons not lawfully entitled to be supplied with it, he was guilty of an offence under section 190. The licensee, though aware of the consumption going on, believed it to be lawful. He would be convicted and ordered to pay 7s. costs.