A DECISION REVERSED.

Stratford Evening Post, Volume XXXVII, Issue 74, 27 November 1913, Page 3

A DECISION REVERSED.

. , r : 'p ■ , , ;„ v > • • ..A rPVBt!pANVS f ;li i I k AE!I,ITY. , '_'.' ! 'AsSpOIAWON-i ■ ■'-.♦.: j" ! i - ;. ;Auc3dapd, November 2«y. In' the ; 'SuP r -*iue' Court -Mil Justice Jqqpeij gayeJiis decision in; the jappeai ty Wiiliani,"•Agpew, licensee,,;:';i'fiamos. The appeal was against the decision of "ctie Stipendiary Magistrate,,who found dim guilty on a charge of permitting ir.unkeimesa on. ' licensed preinisen, ijoidiHg that the licensee niu»t oxorcisy force, if necessary, to remove a- person under the influence ,of liquor. His Honor, jlield. that 1 he ' mustiiiiave «vir dence that.,thjet licensee consented'to the mart's presence,t.-He squotdd a>wellIppwa Scottish ca»e. His Honor! said : ''But surely this' nßtfm'eaii that' when, a man i| iound in a condition "of driuikenness ! ovts licensed premises, measures are to taken which may result in a * breach* of'the ; t>eacs owiwg 1 to violence in ejecting him: It is the duty/of the licensee to get him out Without a breach of the peace, or dieturbance. In the present case the licensee, after having Tailed to get the man to leave the premises without force, called in the police.'''lie held that the apellant took reasonable means to remove the man.' Ho,allowed the appeal and reversed the'Magistrate's decision.