CHARGE AGAINST A PUBLICAN.

Auckland Star, Volume XXXVIII, Issue 151, 26 June 1907, Page 7

CHARGE AGAINST A PUBLICAN.

» CASE DlSi__SS__D. At the Police Court, yesterday, before Mr. C. C. Kettle, S_M., Daniel Ryan was charged that on May 11, being the licensee of the Shamrock Hotel, he permitted drunkenness on the premises. Mr. W. Fallon prosecuted on behalf of the Crown solicitor, and Dr. Bamford appeared for the defence. Sergeant Hanson, whose evidence was partly reported in our last issue, said that another man named Shields was present. Witness pointed out Reid's condition to the licensee. Reid went out on to the street, but had to be arrested soon after. Cross-examined, witness said he did not see the licensee when he first went in. When Ryan came out he did not say that he was just coming to see who the group were.

Constable Quinn also gave evidence. Dr. Bamford said it was admitted that Reid was drunk, and Mr. Fallon decided not to call any further evidence bearing on the point.

His Worship asked what the evidence was that the licensee knew that these people were in the house. In every hotel drunken men came in and sat down in secluded spots, where they could not be noticed w-hile the servants of the place were busy.

Evidence was called for the defence to the effect that Reid and the"woman came into the hotel, evidently by the private entrance. One of the women asked for three or four drinks, but was refused by the barmaid, and she then left the private bar. The licensee was working in the other bar. and was ignorant of the presence of the party. His attention was finally directed to them by a boarder, and as rhe licensee went into the passage he met the poli<e coming in. His Worship said it must be conclusively proved either that the licensee knew that drunken persons were on his premises, and allowed them to remain an unreasonable time before turning them out. or that he was so grossly careless in the conduct of his business, or was so wilfully blind as to what was going on that the Court could impute knowledge on his part. The evidence, however, established the fact that the drunken persons had only been three or four minutes at the outride in the passage, remote from where the licensee was serving in the front bar. and that as soon as his attention was attracted, he promptly proceeded to order them off, and just as he was about to do so. the police came in. The information would be dismissed.