A Drinking Resort

Taranaki Daily News, Volume LVII, Issue 42, 10 July 1914, Page 5

A Drinking Resort

I IN NO-LIOENSE 3NVERCARCILL, MAGISTRATE'S DECISION REVERSED. By Telegraph.-j?res 9 Association. t„ *i • /" veM a r gi», -Usi Night. oas Mr l"*!?*** in th<! Hole a™™f t wt S? upholds th. BoZZit Magißtrate ' s ***» diary Magistrate on his dismissal of ar Mat, being the manager of premise* Sn°To d ?d t ] ° 01n \ Hotel at J »~ ! of re mt fn,lF SUCh PremiSCS aS a PIM« or esoit for the consumption of intov! eating i q „ 0 rs. me in P fo ° a ° t 0 f hud under section 37, sub-section 3 o the Licensing Amendment Act, 1910 After quoting the whojc section of tl.o Act Jus Honor goes oh to say: "The facts are not in dispute. They Ire thus eta ed by, the Magistrate: (1) The defendant is the landlord of and h as t !, c nl r i ? f , *? c premdßcs known the Uub Hotel, Invcrcargill, which is a nolicense district under ilie Licensing Acts W«f i - E rooma of the said Club Hotel is fitted up as a so-called ternperanee bar where no alcoholic liquors are obtainable. (3) This bar is used as a resort by many persons, who brine with them alcoholic liquor, which tliev consume there, and the bar was so used M°f W n « March 7 ' 19W < a, "l 'May, WW W Defendant supplies customers with (lasses and soda water and such-like beverages, charges them 3d for the use of the glass and 3d for each bottle of soda water or other beverage supplied The room in which the bar is fitted up (which is part of defendant's premises) is the resort oi numbers of persons whose main object, m many instances, at all events may be said without any breach of charity to be the consumption of alcoholic q ,™ r Wllk ' h tt *y brim ? wit" them. 'Further, the evidence shows that this use of the bar is not occasional, but frequent. He finds on these facts and inferences that the defendant did not keep'- this bar, that is, this room, is a place for the consumption of intoxicating liquor. He says that if the section had made the 'permitting' a place to be used as a resort for the consumption of intoxicants an offence, the defendant must have been convicted. He refers to the distinction which the Licensing Act draws between the offences which consist in 'permittin»' certain things and that other class of Jffence winch consists of 'doing' certain things, and adds that there is no ground tor confounding one with the other. He concludes thus: 'Here the thing prohibited is "keeping' premises for a certain purposes. It is, I think, the purpose tor which the defendant keeps this bav, ind not the purpose which other people may have in coming there, which, is the essential point. Now, it is not only uiggestcd that defendant keeps this bar for the purpose of consumption of intoxicants there, but sueh view is expressedly repudiated by the prosecution.' ' "If the offence, created," says his Honor, "had been keeping or using wholly for a purpose forbidden, I should concur in his reasoning. But this is ™t the ease. Subsection (1) of section 57 makes it illegal to keep or use any building, room, or other premises in any M>-liccnse district as a place of resort for the consumption therein of intoxicating liquor. A room in defendant's hotel is, with his knowledge and consent, habitually used by a numbev of persons as a place of resort for the consumption of intoxicating liquor therein. Defendant supplies these persons with glasse*, for the use of which threepence is made. They can also be supplied with soda water or other beverage (not intoxicating, of course) at 3d a bottle, It is not stated <that it is compulsory to not resort to this room and bar. A that were a fact, I think it would have been stated. In my. view of the matter, however, that point is not essential. It is obvious that but for the facilities thus afforded for the consumption of intoxicating liquor, these persons would not resort to this room and bar. .-, person keeps or uses a room for a purpose or purposes for which he knows it is resorted to. It is immaterial on the question of keeping or using that he may also keep for sale non-intoxicating beverages. It is, of course, in his power to forbid and prevent the breach of the law by persons consuming intoxicating liquor in the room. "The occupier and every person having or ta'ken any part in the use, msiiagement or control of the same are severally liable to a fine not exceeding £2O for every day on which the premises are so used. Persons found on any premises so kept or used are liable to a fine of not less than £5. Ido not aao how the conduct of the defendant can, as found by the Magistrate, be construed as only permitting the place to 'be used as a resort. To my mind, he clearly keeps it for that purpose. Mthough not for that purpose solely. '!":e appeal will be allowed, and the on " 'vmitted to the Magistrate. The : ,niplainiint will have £7 7s costs."