AFTER HOURS

Bay of Plenty Beacon, Volume 6, Issue 13, 9 October 1942, Page 5

AFTER HOURS

INCIDENT AT MATATA

ON LICENSED PREMISES

Mathew and Thomas Savage Mr G. Otley) both pleaded not guilty to being found on licensted premises at Matata on August 22 without legal right thereto at the Whakatane Court sitting last Tuesday. • Constable Thomassen in evidence , stated that at 9.10 p.m. lie with Constable Thom visited the licensed pre-: mises known as the "Horseshoe Inn" and found the two defendants Avith another man named Elliot in the j bar parlour, the liar open, and a light going. As soon as the police appeared, the light in the bar was switched off. No liquor had been served but it was obvious that it was just about to lie. The- defence was that the two accused went with Elliott to secure a room for him and after this was done had been invited to have a drink. The magistrate observed that it did not take three men to book a room and ventured the opinion that it was obviously the intention of all three to get a drink. Botli were lined 20s; and costs amounting to 275. LICENSEE FINED NOT ENTITLED TO SUPPLY LIQUOR In connection with the above case, the licensee Herbert Lindsay Anderson (Mr Otley) was also charged with opening his premises after hours lor the sale of liquor. Mr Otley said that although the evidence pointed to liquor about to be served, by the defendant, thte had not actually been (lone and therelore lie submitted there was no actual proof of offence. The magistrate held that there was a case to answer as neither had .had any right to be on the premises.! Mir Otley then said he would confine his defence to the point that Elliott was legally entitled to invite his friends to have a drink. Elliott had merely done what lie was entitled to do as a guest by asking in the two Savages to the lounge for the purpose of having a drink. Commenting on this aspect the Magistrate said that while the law did permit of a guest inviting in his friends for refreshments after hoursl, it did' not permit of Elliott supplying liquor without restriction. A boarder could certainly invite a person in to discuss business over a glass, but that was not the position, here, where two men had apparently been neededl to support one man to book a room. A fme of £10 and costs 10s. was imposed.