McGee and Wolfenden

In *McGee and Wolfenden*, the Supreme Court of Victoria considered the application of section 91 of the *Licensing Act 1906* (Vic). The dispute concerned whether the appellants, McGee and Wolfenden, were found on licensed premises during prohibited hours for the sale of liquor, contrary to the provisions of the Act.

The central legal issue before the Court was the interpretation of "prohibited hours" and the circumstances under which a person could be considered to be unlawfully on licensed premises. Specifically, the Court had to determine if the appellants' presence on the premises, even if not for the purpose of purchasing liquor, constituted a breach of the Act.

The Court reasoned that section 91 of the *Licensing Act 1906* prohibited the sale of liquor to the public during certain hours and also prohibited persons from being found on licensed premises during those times, unless they fell within specific exceptions. The appellants' argument that they were not seeking to purchase liquor was found to be irrelevant to the prohibition against being present on the premises during prohibited hours. The Court applied the principle that the plain wording of the statute should be given effect, and that the prohibition extended to mere presence on the premises during the restricted period.

The Court upheld the convictions of the appellants, finding that they were indeed found on licensed premises during prohibited hours, and no exceptions applied to their situation.