A LICENSING CASE.

Pukekohe & Waiuku Times, Volume 9, Issue 585, 19 November 1920, Page 2

A LICENSING CASE.

LITTLE KNOWN POINT RAISED SUCCESSFULLY.

A little known point in licensing

law was raised, with success at Lyltelton, when the licenses* of the Enipire Hotel was charted with !■ a\'inp sold liquor during prohibited hours, and also with having exposed liquor fur sale dui inu such hours. The pul'ce evidence was to tilt- effect thai three men were I'uund in the commercial room of the hotel before 0 a.m. with liquor in front of them Two were hoarders and one was not. Counsel for the defendant said thai a judgment given on appeal by the hit? Mr. Justice Ricliinorrd in similar C.asr jn IS! >5 still sir.nd ys a eor!cct intcrpretaiion of the lav on the point. The jiulsraent said: "A sale nf liquor by ;i licei!~C'! iukofpC!' OP a Sunday t" a Indrrer for ' unr-uniptien by hinr-ell and others whom he has lliet 111 the vicinil • nf ;i b.ir inrl m '■'ited (o have .1 .Jnii); with him. the ledger '"ailing foi the dni'kb an:! paying- for them, i: a tale to the lodger! within'the me-ming ..r Section 156 ol'| tiie Licensing Act. 1881, ,mul lawful j under that Act. The men- exposure! of liquor in a bar so as to be liable' To other? whilst dunk is lawfully I sold to a lodger is being handed out | from the bar, does not constitute ex j pos-ure for sale to such others. or an j exposure for sale generally within the! meaning of Section lo.'i of the Act." I '.the Magistrate (Mr. S. E. McCarthy) ; accepted the decision quoted. V used i to be law, he said, that a lodger could ' only be supplied for his own consunip- j • ion. It was now intended to. cover j a sale to a lodger for the entertain- i ment of his guests. The fact that the War Regulations Act made shouting illegal did not nfFeet the point in the Licensing Act. The information was dismissed.