BILLIARD LICENSES.

Patea Mail, Volume VIII, Issue 1034, 14 May 1883, Page 2

BILLIARD LICENSES.

The liability of publicans and others to pay a billiard license was tested at the Hawera Court on Wednesday. Summonses had been issued against Mr F I Jones and against Messrs Roskrnge and other publicans, under section 323 of the Municipal Corporations Act, from which it was contended that a billiard room was a place of public amusement. Mr Jones, in his defence, urged that if it had been the intention of the Municipal Corporations Act to include billiard rooms and to charge license fees for them, they would have been specially mentioned. All cases contemplated by the Act implied the rooms being open to the public, and he claimed the right to exclude whoever he chose. Before giving his decision, the Magistrate said he would hear the cases against the publicans. Mr Caplen, who appeared on their behalf, asserted that in the large tQWUS billiard room feesjwere

not enforced, and that cases similar to these had not been sustained. The Bench thought that looking at both the Acts and the by-laws, he was of opinion that there was nothing repugnant to the Act in the by-law in respect to Mr Jones’ case : the Gaming and Lotteries Act clearly spoke of billiard room as places of public amusement. In the first case, the decision would be against defendant, who would be fined 5s and costs, although liable to a heavier penilty, which however was not pressed for. He held that the other cases were somewhat different. Under the Licensing Act, it could scarcely be held that hotels were liable. The interpretation clause expressly included billiard rooms. After a careful consideration of the several clauses bearing on the subject in the several Acts cited, he had come to the conclusion that these licensed houses were not liable for such fees. The license fees levied on the hotel were heavy, £SO he believed, and should therefore be held to cover the right to keep a billiard table within the licensed premises. The informations against the publicans were therefore dismissed.