An Important Licensing Point.

Feilding Star, Volume XVI, Issue 56, 31 August 1894, Page 2

An Important Licensing Point.

(Per Press Association.) Auckland. August 30. An important case under the Licensing Act camo up before Mr Justice Conolly in banco this morning, in an appeal case. Charles E. Brewer, hotelkeeper, was appellant, and Police Sergeant Stagpole the respondent. Mr Cooper appeared for tho appealant, and Mr T. A. Tole for the respondent. Tho appealant was licensee of the Branch HyteJ .at EJtham, and the appeal was against a decision of District Jadge Kefcfcle, wk© fined Brewer £5 15s for Sunday trading, I'he facts, briefly, are as follows : —Five persons were iv the hotel on Sunday, May 27th, three beiug lodgers and the other two residents of the town. The five went into the bar parlour and had a " shilling iv " and the winner "to shout." One of the lodgers won the " pool," and paid for the driuks, which were duly consumed by the whole five. On this evidence the Magistrate imposed a fine. Mr Cooper contended the drinks vyero sold to the lodger and not to the ai\hk-x members of the party. He bought the tiriuks, the pool having become his property, ami tj^o hotelkeepcr did not, as a matter of fact, t&if any drink to the other four. His Honoa upij,ej,d Mr Cooper's contention and allowed thii aVtpcaJ.. The sale of drinks, His Honor said, was a salo to the lodger alouc, and not to the two renideni.s, and it was not necessary to determine whether they were guests iv the technical sense ol the term.