AUCTIONEERS AND THE LICENSING ACT.

Evening Star, Issue 3538, 25 June 1874, Page 3

AUCTIONEERS AND THE LICENSING ACT.

(From the West Coast Times, June 6.) ; At - the Resident Magistrate’s Court, on Friday, before G. G. Fitzgerald, B. M., Messrs Pollock and Bevan, auctioneers, were charged with having sold spirits, to wit, one quarter-cask of brandy, on the 23; d of May last, without having a wholesale wine and spirit license. The case was an un-u-ual one. Mr Button, on behalf of the defeudants, pleaded guilty to having sold the quantity of brandy on the date named, but contended that the sale was not a wilful infringement of the Act, as the regular custom of auctioneers selling spirituous liquors on behalf of the owners was recognised in everyday trading, andjwas likewise provided for in the 17th Section of “The Westland Public House Ordinance, 1867,” which reads as follows :—“ Any p-rson exercising the trade or calling of an auctioneer, may sell, as agent for the owners, any spirituous liquors, wine, ale, beer, or porter—anything in this Ordinance to the contrary notwithstanding; but any such auctioneer who shall sell or shall keep or expose for sale, anv such liquor on his own account, shail be liable to the penalties mentioned in section 2 of this Ordinance. ” In the present case, the defendants might bo said to be partly owners and partly agents. stock sold was portipn of a consignment which had been drawn against in the ordinary mercantile way. The consignment bad been offered by auction, part of it had been publicly sold, and the balance was open foi* sale at the reserve price; Commissioner James pointed out that the goods were not absolutely sold by auction; that Mr Hansen the purchaser went aid directly ordered the quarter-cask from the defendants. Mr Button was free to admit that it was not an absolute public sale, but only such an infringement of the Act, if infringement at all, as should cause the Bench to inflict the smallest penalty 'I he defendants were in possession of ail license at L 25, and he considered that it was never intended that auctioneers should be compelled to take a LlO wholesale license in addition. The Magistrate stated that there had been great doubt as to the proper construction of the Act on the point at issue. It had been held, though he would “o* S°‘ he len B t k of saying it was correct, thit the sale/must be while acting in the capacity of auctioneer and not as a wholesale vendor. The new Act was more stringent, but he hoped there would be some attention drawn to the matter during the next session of the Assembly, as at present there would appear to be some difficulty in deciding the point The charge-was admitted, and he would inflict a fine of 40s, and costs, 14s.