SALE OF CIDER
CASE BEFORE MAGISTRATE'S COURT RESERVED JUDGMENT GIVEN A reserved decision was given by Mr E. D. Mosiey, S.M., in the Magistrate's Court yesterday in the case in which Bernard Thomas Turner was charged with selling liquor without a license. The case, which arose out of the sale of two bottles of cider to constables, was heard on February 7. Defendant was represented by Mr H. Edgar. Mr Moidcy said that the defendant through his counsel, while pleading guilty to the sale of two bottles, submitted that no license was required to sell cider, which was the produce of apples grown in New Zealand, in quantities of two gallons or more at any one time, provided is was to be consumed on the premises, and suggested that the offence of selling the two bottles was of such a minor character that the court might consider the question of dismissing the information under section 92 of the Justices of the Peace Act, 1927. Mr Mosiey said he agreed with counsel's contention that no license was required for the sale of cider of not less than two gallons at any one time, and not to be consumed on the premises where the cider was sold. Sale of such cider, which was liquor within the meaning of the act, and was not excepted from the provisions of the act in quantities of less than two gallons, was however, prohibited. "The defendant must, in my opinion, have known that he was breaking the law by selling in quantities of less than two gallons." said Mr Mosiey. "He will be convicted and fined £3 and costs. In my opinion section 229 of the Licensing Act does not apply as the defendant is entitled to sell cider in quantities of not less than two gallons, and must be deemed to be authorised to sell in such quantities. In my opinion, the cider seized by the police, and the vessels containing it, should be returned to the defendant." Defendant was also ordered to pay an analyst's fee, 21s.
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Press, Volume LXXI, Issue 21420, 12 March 1935, Page 6
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343SALE OF CIDER Press, Volume LXXI, Issue 21420, 12 March 1935, Page 6
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