LICENSING ACT.

Gisborne Times, Volume XIX, Issue 1522, 2 August 1905, Page 3

LICENSING ACT.

At the Police Court yesterday morning a charge of permitting drunkenness on Jnly_2sth was preferred against F. Harris, lioensse of tho Albion hotel. Sergeant McKenzie conducted the prosecution, and (Hr Stock appeared for the defence. i Patrick Moran, laborer, stated he went to the Albion hotel on the 25th nil., between 10 and 11 a.m. Ho bad a pint of beer, and a medium beer shortly after! wards. That was ail he remembered having. He was sober when he went in. la roply to Mr Stock, witness stated that he had two glasses of whisky before going into the Albion hotel. He thought he appeared sober. He might have loft the Albion hotel and gone elsewhere. James Price, stockman, stated he saw the previous witness at 11.45 a.m. in the Albion hotsl]: he was jthen sober. At 1.15 ha saw him come into the Albion hotal dram the streeot. Moran came through 4ke folding doors into the bar, and asked £or a drink, but was refused by the barmaid, who said he was drunk.. Moran then fell down, and witness assisted others to carry himio the loDg room for his own protection. !" He only saw Moran supplied with a cup of beef tea. Jame 3 Malone gave eerroborativo evidence.

Constable Hancax and Detective Liviogfltrme.jgave evidence, which closed tho ease for the prosecution. Mr Stutjk said the evidence showed that Moran was .not drunk-when served at the Albion Hotel in the morning, but he was drunk when he returned at 1.30. There was no evidence to show that the man got drunk in tho Albion- Hotel. A technical breach of the Act had been .committed in Mr Harris’ absence'* by carrying tho man into the room, aod,’this would not have Jbeen a breach had'-not Birkett, a servant of the licensee, taken part in it, The 6reach was slight; and unless there was some active fault d.n thepari of Mr Harris, 4he license should not be endorsed. Moran only had two beers in the Albion) and this on the top of - two whiskies taken a couple of hours before would not make any ordinary man drunk. J. Dwyer, barmaid, gave evidence that Moran left the bar at 11.45 a.m., and was Ahen sober. When she returned at 130 3£oran was back in the bar, aod was then aquita intoxicated. She refused to serve him. F. Harris, defendant, stated ha was yjngaged with business which kapt him away from the hotel during the day. He did not remember Birkett telling him anything about a drunken man being on the premises till 8 in the evening. Evidence was also given by B. Law iience, the other barmaid, who scaled she .did not serve Moran with a drihk. .His Worship reserved judgment.