16 VLR 604BUTTONS v. JUSTICES OF MELBOURNE Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WEBB, and HODGES, JJ. 09 September 1890"Licensing Act 1890" (No. 1111), s. 148 — Wilful delay in admitting police officer to licensed premises — "Justices Act 1890" (No. 1105), s. 139 — Special case stated by Chairman of General Sessions, form of — Practice — Right to begin.
The defendant was charged with having delayed a police officer, who was authorised to demand entrance into the defendant’s licensed premises, for such a time as that it might be reasonably inferred that he intended to wilfully delay the admittance of the officer. It was proved that the officer had watched a number of persons entering the hotel premises on a Sunday, and upon going in he found the door leading to the bar locked, and was told that the defendant was upstairs; upon the defendant coming down, the police officer asked him to open the door leading to the bar, but the defendant said that if he did so he would be liable to a fine, but that the keys were upstairs, and he would get them, and the police officer might then, if he chose, open the door. The police officer did not accept this offer. The defendant gave evidence that he bon fide believed that he was not allowed to open the door on Sunday. The defendant was convicted of the charge, and he appealed. The Court of General Sessions found as a fact that the licensee bon fide believed that the law justified him in refusing to open the door, and that no wilful delay was intended, and quashed the conviction.