Lucas v Mooney [1909] HCA 58

OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

LUCAS . i ¥ : c ' : ' APPELLANT ; DEFENDANT, AND MOONEY 5 rs : él 8 . A RESPONDENT,

INFORMANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Licensing—Special permit to sell liquor after hours—Premises in the neighbour- hood of" railway station—Permit necessary for "the public convenience" — Licensing Act 1890 (Vict.), (No. 1111), sec. 7.

Sec. 7 of the Licensing Act 1890 (Vict.) provides that in respect of licensed premises "'in the neighbourhood of " (amongst other places) places at which coaches or trains arrive, or from which they depart, at an hour earlier than 6a.m, or later than 11.30 p.m., the licensee may sell liquor earlier than 6 a.m, or later than 11.30 p.m. on obtaining a epecial permit so to do from the Licensing Court, provided that the Court shall satisfy itself by evidence that such permit "is necessary for the public convenience."

Held, that the question whether licensed premises are in the neighbourhood of a railway station within the meaning of that section is a question of fact, which may be answered in the affirmative if they are conveniently available for use by persons desiring to use the railway station.

Held, therefore, that the Licensing Court might properly find that licensed premises in Coline Street, Melbourne, distant about 350 yards from the Flinders Street Railway Station, were in the neighbourhood of that railway station within the meaning of the section.

Held also, that the fact that a considerable 'number of persons who use railway trains after 11.30 p.m. make it a practice to use certain licensed premises for the purpose of having supper there after 11.30 p.m. and desire to have liquor with their suppers is evidence from which the Licensing Court may properly find in respect of those premises that a special permit is necessary for the public convenience within the meaning of the section,