LICENSING LAWS.

Gisborne Times, Volume XXIV, Issue 1939, 22 November 1906, Page 3

LICENSING LAWS.

ALLEGED BREACHES,

Yesterday when tho case against William Murphy, charged with being found on licensed premises without lawful excuse, was called on, Mr Barton, S.M., gave the following judgment ' “ The defendant is charged for that he, on the fourth day of November, 1906,'was found on licensed premises, to wit, tho Waerenga-a-hika hotel, at a time when such premises were required by the Licensing Acts to be closed. It is admitted that the defendant was on the promises, but it is contended that he was there as a private guest of the licensee. i( The evidence of Constable Doyle, on behalf of the prosecution, is that ho went to the commercial room of tho Waerenga-a-hika hotel, on tho day in question, and

there saw defendant with two other men, named Fordyce and Long, standing in the recess leading to the bar, and that the bar slide was open, and the licensee was behind the bar, ami that the defendant had a glass of beer in his hand. Tho constable said to tho licensee, ‘ Arc you keeping an open house on Sunday now,” and ho replied, 1 Yes, these men arc friends of mine, [ an d they have just arrived from Gisborno, and they are having a drink before lunch ’ Defendant then asked tho constable to have a drink, which he refused. The constable states that the defendant was under the influence of liquor, and the defendant admits having had three or four 1 Masses before leaving Gisborne that mom-

mg. “ The doionce it tint the defendant was an invited geest oi tho liesnsor, and that be bad a standing invitation from tho licensee to go to his houso whenever ho liked. Ho states that be was driving out io K rska wi h a friend on tho 4-. h ids!., and that ns ho was passing theintolltn lioonsee called him in and Btkrd him to lO'msnnd S”B his garden; that shortly i a per this two men named Fordyee and Long cams from Gisborne, and that the I licensee invited them r.ll to stay to dinner, ! and angge-ted that bboy have r.n oppet’ser b-fo'o d naer, and took them iota tho 1 comma:cial room, where they wero found I by o.Datable Doyir. Tho invitation by iho defendant to tho oorstablo to have a | drink was inconsistent with the position of an invited guest, wbio'n po-ition I very I much doubt. Ii such a defence as that set I up is to bo allowed, then in fu'.uro every I person found on licensed premises, under I similar oircum3taco3?, after closing bou.s, I will bo private gussts of tho l eoDseo, and I tho very object of tho section of tho Act ) j under wbioh these proceedings aro brought l wfll be defeated. A lioonseo has a perfect

right to entertain his privato fdnnds during dosing hour?, but in my opinion I o should do ho in his own private apartmouts. OorJaiu parts of Ifomsod protnlsis arn sot apart for tho use of tho lionnaco and his family, and that iu whoro ho should onie'ti'in hia privato friend). 11 1 am of opinion, aftov considering all tho oiroumstanecs of thlaoann, that the defondant was noi a bona Gdn guest of tho lioensm’, and that his prosenoe on such p.omuoa was a brenoh of tho provisions of the Licensing Aots with respect to tho o'osing of licensed prem'sos. a Defendant will thereforo bo oonviolod and Quod In the sum of £l, with ojsts of Court 7f, in default four days’ imprisonment ”

S milar obarg.’s against Freak Fordyao and Albert Ling were adjourned till Friday, at 11 o’clock. George l’aitoroon Pcioitlny was. thou charged with that ho did expoio liquor for sale cn Sunday, 4th November, Mr Stook uppe .red for defoud-int, and ploadcd not guilty. Tno defendants in tho provious cases being witnesses in this oase did nr t answer to their namm when called, Mr Stack informing his Worship that this was partly bis fau’t aed partly tin fault that tho Court had boon dosed in the morning.

His Worship said ho oouid hardly blumo ihmxi undor the circumstance?.

Mr Slock intimated to tho Ronoh that though ho fell suro tho Bench would cmviot in this as in tho other oases, he wantod all the evidence takon, as ho intoudod to not? an appeal. His Wo ship said it did noi necessarily follow that became bo oonvioted iu ono oaso, his vordioi would bo tha suiuj in the others. He would adjourn tho oaso till Friday, to be hoard wiih tho rest.