TAITA HOTEL RAIDED

Hutt News, Volume 1, Issue 5, 21 June 1928, Page 5

TAITA HOTEL RAIDED

LIQUOR ON SUNDAY

A plea that the defendants were all bona fide travellers, and were therefore not obliged to give any explanation of their presence in the hotel, was made by Mr J. J. MeGrath, on behalf of five men and three women who were charged in the Wellington Magistrate 's Court on Thursday with being illegally in the Taita Hotel during closing hours. The defendants pleaded not guilty.

Evidence was given, by Sergeant Payne and Constable Warren that they Tisited the hotel on the afternoon of Sunday, 3rd June, and found the? defendants in the sitting xoom. A tray with eight glasses containing liquor was found in the bar.

Mr MeGrath, before calling evidence, submitted that the previsions of section i 157 of the Licensing Act, 1881, in regard to the privileges of bona fide travellers could still be applied. There was no corresponding section in the present Act, but the late Mr Justice Cooper had held that even though section 157" of the 1881 Act had been Tepealed so far as the licensee's right to sell liquor to such persons was concerned, the section Tinder which, the defendants were charged made it not an offence for them to be found on licensed premises. Mr E. Page, S.M.: "-We have got to look at a definition which is now no longer law?" Mr McGrath: < < Yes. '' Mr Page: "It looks as if the Legislature overlooked that point." Mr McGhrath: "I hope your Worship, is not going to assume that. I suggest that -we are entitled to a dismissal of the information because on the evidence of the police themselves all these people were bona fide travellers. There is no obligation on them to give an explanation as to why they were there." Mr Page said he was not prepared at present to dismiss the charges, as he wanted to look into the -legal points raised. Evidence was called to show that all the defendants slept the previous night in Wellington and were thus bona fide travellers, having spent the night at 1 least three miles away from, the hotel. Several of the witnesses said that it was their custom to visit the hotel on a Sunday for tea. The licensee asked them to have a drink. That would explain the presence of the tray and glasses. The Magistrate reserved his decision. The defendants were Alexander Adcock, Mrs A. Adeock, Fanny Inniss, Leon Alebrt Libeau. Jack Pennall, Joseph Hillis, James Sproul, and Mrs J. Sproul.

Theo. B. Furniss, Patrick Mahoney, Francis MeLaughlin, Frank Guinon, George Presling, John G. Pilcher, and Joseph> Quinn, all of whom wese found illegally on the premises were each fined £2.

The licensee,. Ernest Thomas Home, pleaded guilty to a charge of selling liquox during closing hours and was fined £5.