01/07/1946

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs DOLORES BORG

N/A

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N/A

ART. 154 OF THE CODE OF POLICE LAWS - HOTEL - LODGING HOUSE - POLICE LICENCE - SUBLETTING OF FLATS

Our law does not give any definition of a hotel or lodging-house, for the keeping of which a Policelicence is required. In the case of subletting of furnished rooms or apartments, such a licence isnot required by the law, as the law does not put them on a par with hotels or lodging-houses. In the absence of such a legal definitin, there are two tests to distinguish between hotels or lodging-houses and furnished room or apartments, i.e. (1) in the case of a hotel or lodging-house, the key ofthe room or apartment is not kept by the occupant, but by the hotel-keeper; (2) in the case of a hotel or lodging-house, service is provided, personally or by his servants, by the hotel-keeper in theshape of meals or in the cleaning up of the rooms, while when it is merely a case of subletting of furnished rooms or apartment there is only under-letting, and no service is catered for beyond the mere use of the apartment or room.