A SPORTSMEN'S DINNER.

Press, Volume LXI, Issue 18419, 27 June 1925, Page 14

A SPORTSMEN'S DINNER.

TECHNICAL BREACH OF LICENSING ACT. (PBBSS ASSOCIATIOK TBLCQIUM.) AUCKLAND, June 26. An "itepi" which did not appear on the menu of the Auckland sportsmen's dinner at the Hotel Cargeu on the evening of June 4th was "served" in tho Police Court this morning, when the licensee of the hotel appeared to answer charges of selling liquor after hours, and also allowing liquor to be consumed on tho premises. Mr G. P. Finlay appeared for the defendant, Robert Cnesney, who pleaded guilty to both charges. Sub-Inspector Rawle said that the prosecution was the result of a dinner held under the auspices of tho Auckland Sportsmen's Association at the Hotel Cargen on the night of June 4th last, between the hours of 7 p.m. and midnight, each guest being admitted by ticket costing £2 2s. On June 3rd an application was made to the Licensing Committee under Section 164 of the Licensing Act, 1908, to have tho din-ing-room set apart for the function, but this was not granted. It would be proved that the dinner was held, that 67 guests participated, that whisky was being consumed at 8.40 p.m., and that a cheque signsd by W. Ryan, with the amount not filled in, was handed to the who, following it being ascertained what portion of liquor sent into the dining-room for dinner had been consumed, stated that he would fill in the amount of the cheque. This had. not been done up to the evening of June oth. "This case is in itself a small tragedy," said Mr Finlay in addressing the Magistrate, Mr Poynton. "The police were advised of what would be done, and the opinions of two prominent counsel, were obtained. I regret I was not one of them. (Laughter.) An attempt has been made to create a test case by an organised body representative of the licensed victuallers and the' clubs interested all over New Zealand, but owing to a littlo slip this cannot bo taken as a tesj case. Hitherto the practice has been to get' from the Licensing Committee the exclusive use of a room. By means of this expedient, manv august bodies, including the Law Society itself, have entertained eminent judges, real and to bo, and prominent magistrates, of this city. The chairman of the Licensing Committee found that when the application was made in this case there was no authority to grant such a liberty, and consequently if these dinners are- to be held in clubs and hotels, eomo real authority will have to be sought, enabling thtservice to be rendered. There were some of the most illustrious people ol the town at this dinner, your Worship, and I will ask you to treat the penalty as one commensurate with a penalty in a test caso," concluded Mr Finlay. Mr Poynton: This is altogether different from the usual licensing case, as the opinions of two eminent counsel were obtained and acted upon. It is not an ordinary case where the Licensing Act has been deliberately broken. On one information the defendant will be convicted and ordered to pay costs, and the other will bo dismissed under Section 92 of the Justices of the Peace Act.