LICENSING CASE

New Zealand Times, Volume XLIV, Issue 10280, 15 May 1919, Page 7

LICENSING CASE

WHAT ARE LICENSED PREMISES?

RACECOURSE BOOTH NOT INCLUDED

Press Association.

HASTINGS, May 14.. Mr Dyer, S.M., deivered his reserved judgment in the case Police v. Hollis. Defendant was charged under section 210 of'tlieLicensing, Act that, being a. prohibited person, he entered licensed premises—viz., the licensed bootli on tho racecourse. The defence was that the booth was not within the meaning of ‘.‘licensed premises” in section 215. A conditional license was issued under'’section 82, and ho mention wat made of any particular premises, which is tho case in dealing with publicans’ licenses. . Tho magistrate, in his judgment, held .that, a place where liquor is, sold* under conditional license was only ■■ to- -bo considered -licensed premises dm-w- far - as- offences agajnst public ardor,-'' illicit sales, and . adulteration, -of-liquor ■*were ■ concerned. In respect of prohibition ■ orders • and breaches of such'orders,. he did not think the daces to which conditional licenses referred could be deemed licensed premises. He .tjio.ught, therefore, , the defendant did ij.pt _ enter licensed premises. Tho information was dismissed.- .....

■ In view of the magistrate’s decision, a. member of the Hawke’s Bay Licensing- Committee has -filed a notice of motion that the committee shall refuse any^ - more - conditional licenses if tho judgment is upheld. ‘