RIGHT OF ENTRY.

Hauraki Plains Gazette, Volume XXXVII, Issue 4956, 26 March 1926, Page 3

RIGHT OF ENTRY.

HINDERING A POLICEMIAN.

.' CASE- AGAINST -.LICENSEE FAILS; . Mr E. Page, S.M., delivered his re- ’ • served judgment, in the . Magistrate's Court at Wellington' on Tuesday in ? the case in which '.the police pi.’oceed- ' ed against A. H. Lees, the licensee of the Shamrock Hotel, on the ground that he hindered a policeman in the execution oil his duty. It i was alleged that beer '.thrown from a, bedroom Window of the Shamrock Hotei on’ December 6 laslt fell on the’ dress of a'-woman who wasi walking by on the footpath below.. £ A con-. , stable interviewed the proprietor of >' the hotel on the matter, but ‘when he wanted to visit one of the upstairs rooms, which’ the propriet or maintained was private, he was i lot allowed to do. so. .. . ■ i Mi- E. Page.said ,that the case raised the question df the righ t of a .'constable at all times and for all purposes to enter licensed pre anises. Section 226,0 f the Licensing /let gaveamy constable the right, at. all times to, enter licensed premises’ for the purpose of detecting any violations' of the Act, but it had clear that his purpose in going in was to detect or prevent any such violation. In the present 'case there was no suggestionthat the constable’s' entry had any connection With the provisions of ; th,e Licensing Act. His sole purpose, ’wan J;o make, some inquiry,.;®- to Jh e -throwing of the liquor, which circumstances, would at the most have constituted a breach of one ol' the provisions of the Police Offences .-Act or a breach of a city by-law. “1 do not think he had. a legal right- to demand admittance to any part of' th§ premises any more than he ivo uld ’ have been entitled to demand, .admittance to any part of a private houce,” said His Worship. “In my opinion, therefore, the licensee was within h is right in refusing the constable permission to enter a private bedroom, and his -action did not constitute a breach of the Act- I will therefore ha.ve .to dismiss the application.’”