Bennett v Cooper [1948] HCA 29

a ati )

HIGH COURT [1948.

[HIGH COURT OF AUSTRALIA.]

BENNETT AND ANOTHER .. : i . APPELLANTS, DEFENDANTS, AND COOPER : a 3 5 ' i ? . Responpent. CoMPLAINANT,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H. C. or A. Liquor—Supply on premises of unregistered club— Club" —Fraternal order divided 1948. into lodges—Premises belonging to order—Use by lodge for meeting—* Supply"

Ww —Licensing Act 1911-1946 (No. 32 of 1911—No. 43 of 1946) (W.A.), s. 208 (1). Prem, ; ae i P 2 iN Section 203 (1) of the Licensing Act 1911-1946 (W.A.) provides :—" If alas any liquor is supplied or sold on the premises of an unregistered club, the MeLBourye, person supplying or selling such liquor, and every person authorising the Oct. 18. supply or sale of such liquor, commits an offence against this Act." Latham C., A fraternal order having for its objects the relief of necessitous brethren Dixon and A . 34 "; wane a", and social purposes was organized in lodges which met separately. 'The order

owned a building in Perth where the administrative body met and the affairs of the order were centrally administered. Certain minor lodges used the premises for their meetings and not otherwise. At a meeting of a minor lodge in the building two members of the minor lodge filled jugs of beer from a quantity which had been procured by the treasurer of the order, placed the jugs on the table and replenished them. The liquor was paid for from the funds of the minor lodge. The members did not pay separate sums for the liquor they consumed. Neither the order nor the minor lodge was registered as a club under the Licensing Act 1911-1946 (W.A.). The members of the minor lodge who filled the jugs were charged with having supplied liquor on the premises of an unregistered club contrary to the provisions of the Licensing Act 1911-1946 (W.A.), s. 203 (1).