Sunday Trading.
His Honor Mr Justice Edwards delivered judgment on Wednesday morning in the Wanganui appeal case Police v. Batt. The facts of the case are that the appellant, a publican at Wanganui, was convicted at Wanganui for supplying liquor on a Sunday to a prohibited person named Quin. The appellant had known Quin for years, and knew he was a prohibited person, but merely gave him the beer as a friend, without payment. The Magistrate, however, held that Quin went to the hotel to get liquor if he could, and that the appellant gave it to him because he was a customer, and he did not wish to send him away disappointed. Quin bad been drinking in the same house the previous night, and reached home under the influence of drink. The question raised was whether the appellant was guilty of a breach of the Licensing Act. Hi; Honor held that though under sonia circumstances a publican might lawfully allow liquor to be consumed on his premises during prohibited hours, it did not follow that the only condition attached to this was that there should have been no sale upon the faots. His Honor was satisfied that Quin was not a friend of the appellant. He Was a customer, and supplying him gratuitously would indirectly benefit the licensee. If gifts of liquor by licensees to their customers could be supported under such circumstances, the provisions of the statute could not be enforced. He was of opinion that there had been a breach of the statute, and confirmed the conviction, dismissing the appeal with £10 10s costs and witnesses' allowances. His Honor added that at the request of counsel concerned he had consulted the other Judges, who all concurred in the judgment, as far as it applied to this case, and others in which the facts were similar. — N.Z. Times.
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Manawatu Herald, 17 July 1897, Page 2
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310Sunday Trading. Manawatu Herald, 17 July 1897, Page 2
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