NO JUSTIFICATION

Hokitika Guardian, 29 April 1921, Page 3

NO JUSTIFICATION

BRANDY FOR A SICK MAN

NO SALES AFTER HOURS.

CHRISTCHURCH, April 28

“Even if a man, is dying, a licensee is not justified in supplying liquor for him after hours,” said Mr S. E. McCarthy, SAL, giving judgment in a case yesterday. Doubt was expressed by the Magistrate concerning the existence of certain regulations referred to in the Licensing Act. William John Parry, licensee of the Belfast Hotel, was charged with having sold liquor after hours on April 6. Mr Tracy, who appeared for the defendant, said that his client had been approached for brandy for a man who was ill. He gave a flask of brandy on the understanding that the applicant had authorisation from the police. The man for whom the brandy was required was vomiting blood. Senior-Sergeant Kelly said that the publican should have known that the police had no authority to ordet him to give liquor after hours. No such authority was given. Evidence was given by Constable P. Moore, of Belfast, and others. “It is just as well to know in these , cases how you are going to get liquor for medicinal purposes,” said the Magistrate. “It is provided in the Licensing Act that its provisions shall not apply to an apothecary, chemist or druggist supplying liquor for medicinal purposes exclusively, and in accoidance with regulations made in that behalf. Now. 1 have never seen those regulations yet, atid I don’t know whether they have been made. Until such regulations are made, it will not be possible for any chemist, druggist or apothecary to supply liquor to anyone for medicinal purposes. The licensee was not justified, even if-the man was dying, in selling liquor for that purpose. He could give it away, but lie cannot sell it. except under the authority of these regulations, of the existence of which I am in doubt. It is an case. 1 have no doubt that defendant did not intend to break the law. But I have no doubt that there was a transaction, and that the liquor was sold. 1 do not look on the csffie as a very grave one, but licensees must understand that if they wish to say that any particular sale was for medicinal purposes they must bring themselves within the Act. I shall fine the defendant 10s.”

The Magistrate added that if a licensee were given freedom to sell liqtlol* anywhere for medicinal purposes cases hr “Sabbath influenza” would crop up with the utmost regularity;