THE PROVINCES.

Globe, Volume II, Issue 138, 10 November 1874, Page 4

THE PROVINCES.

OTA GO. The Guardian gives the following report of the judgment of the Resident Magistrate in regard to the charges preferred against Job Wain, Louis Court, George Dodson, and John Sibbald, of having more than one bar in their licensed houses, contrary to the Licensing Ordinance, 1873. The following is his Worship's judgment:—" I have looked into this question, and have come to the conclusion that the prohibition in the Licensing Act, 1873, as to more than one bar being on the premises, only applies to ' public bars.' These are defined to mean and include 'any room, passage, or lobby in any licensed public house open immediately to any street, highway, or thoroughfare, wherein the public may enteraud purchase any spirituous or fermented liquors.' The plain meaning of this definition is that the room, passage, or lobby where the bar is placed must open to the public street without anything between it and the street. The word 'immediately' signifies literally without a middle, that is, without anything between or intervening. If, therefore, a bar is situated in a room, passage, or lobby which does Dot open immediately to the street, it is not a public bar in the terms of the Act. I find that in none of the cases brought before the Court is the second bar so placed as to be fairly within the Statute as a public bar. Wain's second bar is in a parlor opening into a side passage ; Lynn's second bar opens into a concert-room ; Bodson's opens into a side parlor ; and Court's is not on the ground floor at all. The only one about which there is any doubt is Sibbald's, at which there is a door opening immediately into High street ; but it is stated that this door has not been in use since the Act came in force, and on the day mentioned in the complaint the only access was from a lobby. lam therefore unable to convict in any of the cases, and the informations will be severally dismissed. It might be urged that there are good grounds for proceeding under the Act of 1874, which expressly prohibits any additional bar, whether public or not without the consent of the Licensing Court, and without the payment of the licensing fee ; but as the parties have not yet had an opportunity of making application for sanction to the Licensing Court, it is reasonable they should be permitted to maintain their position in statu quo ante until after the next meeting of the Licensing Court. [That is to say, while I will not convict any of those parties who for the last six or eight months have had bars in existence. I do not mean to say that a right or commission is conferred on any one to open a bar now. It is only those pa'ties who have had the second bar since 1863 to whom these observations apply .j In dismissing Sibbald's case along with the rest, I am not to be held as pronouncing any general opinion as to the lawfulness of any of the theatre bars. All the length this decision goes is that none of the bars are ' public bars' within the statute. I may add that the police have acted rightly in bringing the matter forward for the decision of the Court "

The Guardian snya :—Mr David R. Hay, tailor and clothier, Prir.ces street, Dunedin, who unfortunately had to stop payment I during the commercial ciisis in the year 1

1870, through his connection with another firm, paid the other day to his creditors the sum of £950, being the balance of 20s in the pound. 8 ich an example of commercial morality requires no comment: but it may serve possibly as an inducement to others similarly circumstanced to "go and do likewise."

The Daily Times of the 4th says:—"A meeting of the Harbor Board was held yesterday. The meeting showed more satisfactory results than any previous meeting of the Board ; and it was evident, from what transpired, that members of works and finance committees had been up and doing. The Harbor Department and the jetty and other dues are to be transferred to the Board on the Eth inst, and the Board is to have the benefit of the unexpended balance of the vote for dredging. Most satisfactory financial arrangements had been made. The Colonial Bank had met the Board in a most laudable and liberal spirit—agreeing, in taking the Board's account, to afford accommodation, which the finance committee considered sufficient. A loan of £50,000 is to be raised on thirty years' debentures. A committee was appointed to purchase the steamer Peninsula, for dredging purposes, with the consent of the Government. Members appeared to be greatly pleased with the satisfactory progress that had been made."

The Press Club was opened, says the Daily Times, at the Provincial Hotel on Saturday evening by an excellent supper, at which there were were about thirty members. The President (Mr Geo. Bell) occupied the chair. His Honor, Mr Justice Chapman, who was amongst the visitors, proposed the toast the '• Press Club," and delivered an interesting speech on the early days of the New Zealand Press.