LICENSING CASE

New Zealand Times, Volume XLIV, Issue 10280, 15 May 1919, Page 5

LICENSING CASE

WHAT ARE LICENSED PREMISES?

- - RACECOURSE “BOOTH NOT INCLUDED 7

Prj&ss Association.

HASTINGS, May 14. Mr Dyer, S.M., deivered his reserved judgment in the case Police v. Hollis. Defendant was charged under section ■215 6f 'the' Licensing Act that, being a prohibited person, he entered licensed premises—viz., the licensed booth 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 no mention was made of liny particular premises, which is the 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 in so far as offences against public Order, illicit sales, and adulteration of liquor were concerned,. In respect of -prohibition orders and 1 -breaches of -such orders, he did not think tho places to which conditional licenses referred could-be deemed, licensed premises. He thought,, therefore, tho defendant did not enter licensed premises. The information was dismissed. t la 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 fiore conditional licenses if the judgment is uphold.