COLLAPSE OF HOTEL CASES.

Dominion, Volume 7, Issue 1931, 13 December 1913, Page 6

COLLAPSE OF HOTEL CASES.

I THE MAYOR'S CLOSURE. TWO INFORMATIONS FAIL. Hotel conduct during the period of closure in strike time formed the subject of reserved judgment delivered by tiio City Magistrate (ilr. W. G. lliddell, S.M.) yesterday. The cases were those of Margaret M'lntosh, licensee of the Royal Tiger Hotel and L. C. Jansen, licensee of tho Wellington Hotel. Three charges had been preferred against Mrs.. M'lntosh. ■■ These were: —{1} Keeping her licensed premises open for the'sale of liquor on November 22, on which d;iy hotels had been ordered to be closed by two Justices of tho Peace; (2) selling liquor; (3) exposing liquor for sale. .There was also a charge of selling liquor against a bar-, maid employed ill the hotel. The other licensee, L, C. JahsCMi, was charged with having exposed liquor for sale,' and with having kept tho hotel open for.the sale of .liquor.

■ At the' hearing last Monday Mr. T. M. Wilford appeared for Mrs. M'lntosh, and Mr. M. Myers for L, C. Jansen. In- giving judgment in the case of Mrs. M'lntosh, His Worship said that there was not sufficient evidence that thi; notification to close had been served. Moreover, notico served hy the two Justices bf the Peace, under Section 28u of tho Licensing Act, was not sufficient and not in order. This notico had been served merely on their own opinion, and not on any evidence taken. They had' merely stated that it was "probable that n riot or a tumult would take place." As it happened, no riot did take place. The main ground"of tho defence had been that tho doors of the hotel were looked when the sergeant sought admission and it was evident that, although a man was in ,iho bar, the hotel had not been kept open for the sale of liquor. It- was essentia! for the prosecution to prove: (1.) That tho justices ordered the house to he closed during a riot or tumult, and that tho order had been served on the licensee; (2) what were the hours or days when tho premises were ordered to be*closed? It was necessary to know this so that it might be seen whether there had I been any excess of jurisdiction. "I am satisfied," said His Worship,

"that an application of tlio law kid down in the cass Poole v. licaly (4, E.L.1!.., 250) and Richards v. Shcchan (5, N.Z.L.R., 487) to the facts in this case show that no offence has been committed by defendants. In the latter case it was held that a conviction i'or keeping licensed promises open (hiring prohibited hours could not bo sustained where tlu> evidence showed that the doors of the premises were kept closed, although a number of persons were in tho promises drinking In defendant's case ("that of the Royal Tiger] tlio evidence shows that the doors wore closed and locked when the- sergeant knocked. I_ think it is also clear that under Section 285 of tlio Licensing Act only one oll'siice is created although if that offence is proved, then other penalties provided by Section 190 may be added. The information will be dismissed. His Worship went on to state that the second case [that of tlio Wellington Hotel] was a little different, but tlio same principle would apply, This information would also bo dismissed.

CITY'S COAL. THE .ALLOCATION OP SUPPLIES. ' Yesterday tho Coal Committee of Lie Jiniployers', Farmers', and Citizens' JJoleiice Committee reported that the waolo of tho oversea coal arranged for had been allocated, and supplies have now been secured that will bs sufficient to meet all requirements of industries aius puoli!: utilities lor somo considerable time to'come. It was therefore deemed b.v tho committee to enter into no more commitments for tho present, notwithstanding that largo cargoes were under oll'er to-day. The City Council, it is understood, has just secured a considerable addition to its already Jargo stock of coal in hand and in sight.

; BACK TO WORIL ißy Tcltirrapli.—Prees Association.) Nefscn, December 12. lwolvo members of the old Watersiders' Union, .including the president, iomed tho new Arbitration Union this morning. ROBERT SEMI'LE. , REMANDED AT AUCKLAND. ■ '(By Tcloirrap)!.—Prccn Association.! Auckland, December !2. Kobert- Scrapie was charged at the Police Court to-day that on October 80, at Auckland, ho spoke seditious words, «uid rtlso will ally inoitwl divers persons to assault the special constables and ordinary police. He was remanded till Wednesday, bail 'standing as from Wellington. Ask for Uie branch- of pnritv and misilil,Vi . CABAFONTfe Tllßftß bTAtt BI'ANDV Builds blood and creates energy—Advt. ' , Woods' Great Peppc-rmlnt Cure. ..For Couehs and' Colds n#ver fails* Is. C 4.*