A Licensing Point.

Manawatu Herald, 7 May 1903, Page 2

A Licensing Point.

Judgment was delivered on Monday at Palmerston by Mr A. Greenfield, S.Mij in the oases recently brought by the Folios against W, Mfsfe licenses of the Railway Refreihmsii RoofiS, Palmersten, ef having sold liquor during prohibited hours, i 4.f on Good Friday. Sergt. Gordon represented the Police, and Mr Innes appeared for the defendant. This lease of defendant's premises, and the license to sell liquor, said Mr Greenfield, were granted under the authority Of Section 37 of “ The Government Railways Act, 1900,” subject to certain restrictions which gave the Minister of Public Works power to prescribe the hours of opening and elesing railway refreshment rooms for th« 4 sale of liquor. The lease provided that except on Sundays, the rooms should be open t# th® public daily during certain times before and after the arrival »*d departure of trains, and the lessee shall, if he obtain a license* Sell spirituous liquors eubjeet in all respects to the laws, by-laws and regulations for the time being affecting the sale of spirituous liquors at railway refreshment rooms, and that, subject to the conditions of the license the bylaws relating thereto and also tho provisions of the lease, the lessee shall, while acting under his Hew*®, observe and be amenable to all the provision! of the licensing act for the time being in force. The bylaws provided that except on Sundays the lessee shall keep the refreshment room* open to the publie dally thirty minute* before the arrival and departure of every train during the day and fifteen minutes after such arrival or departure and elos*d from fifteen minutes after the arrival or departure of the last train in the evening until the prescribed time for opening on the following day. General reference Was made by Mr Greenfield to the by-laws and regulations affecting the question, and continuing, he said it would be seen that the license was granted under the “Government Railways Act, 1900 j” and that there was no provision in the Act, but merely authorised the issue of licenses for the sale of liquors and the making of by-laws for regulating the same, and he was of opinion that a license could aot be made amenable to the penal sections of the Licensing Act by by-laws made under the “ Government Railways Act.’’ or by lease or license granted under the Act, although he might possibly be liable to penalties under the bylaws for breaches of som# of the provisions of the Licensing Act. The by-laws fixed the times the rooms should be open and closed, via,, daily (except Sundays.) It was admitted in these ease that the liquor was supplied within the time allowed by tbo;by*law» had it

not been supplied on Good Friday. Mr Oryenfield therefore decided that as the license and by-laws required the licensee to keep the refreshment rooms open at stated times daily, except Sundays, the licensee had' not committed any breach of the Licensing Act by supplying the liquor. Both informations were accordingly dismiss®^.