Rex v McLachlan [1915] ZATPD 7 (10 March 1915)

Liquor laws .-Intoxicating liquor.-Lease.-Unlicensed person."Interested in the business."-*Sec. 59 (2), Ord. 32 of 1902.

The word interest in sec. 59 (2) of Ord. 32 of 1902 means a pecuniary interest.J & Co. let certain premises to M, who obtained a bottle-store licence in respect thereof. In the lease between J & Co. and M it was stipulated that the bottle-store business should be carried on by M in an orderly manner in conformity
with the liquor laws of this Colony, and that M should do nothing to endanger the licence. M. furtlier gave security for .£500 in case the licence should be cancelled through his fault. On these £acts M was convicted of allowing J & Co., being unlicensed persons, to be interested in the business
of the licensed premises in contravention of sec. 59 (2) of Ord. 32 of 1902, Held, on appeal, that the conviction was bad inasmuch as J & Co. were not
pecuniarily interested in the business of the licensed premises.