A LICENSING CASE

Hokitika Guardian, 27 September 1922, Page 4

A LICENSING CASE

AN IMPORTANT DECISION

At the Magistrate's Court Ross, on Saturday, before Mr Meldrum, S.M., Henry .MeMuHnn, licensee of the Empire Hotel, Ross, was charged by the Police with two offences under the Licensing Act. The two charges were as follows:—(1) That he did sell liquor on a Sunday to several members of the Ivokatalii Football Chib, while oil their return journey from a football match played at Hari Hnri on the previous day (2) with opening his licensed premises for the sale of liquor on tho same date. Tho charges were heard together. Inspector Mathieson, who appeared for the Police, claimed under a decision of the late .Mr Justice Denniston, that a licensee could not make a gift of liquor in his licensed premises during prohibited hours, if he had any ulterior motive in making the gift, ami thus evade his liability for prosecution —that, therefore, if thu defendant made a gift of liquor on the day in question, with a view to encouraging patronage to his hotel by travelling footballers, he would he guilty of an offence, ns such a gift would not he liona title Hi l woultl in such case also tie guilty in those circumstances of the second offence, namely, opening his preiniso; for the purpose of making such gift. He asked permission tocall evidence with a view of proving that a system of making gilts of liquor was being indulged in. solely with a view of evading the Act. Constable Kennedy and the licensee both gave evidence, and the facts were not in dispute. It was shown that the team, on arrival at Ross from Ilari Hari, stopped at the hotel and had dinner. The licensee was helping in the kitchen until after dinner was over. He ■then came to the front and, meeting five- members of tho team congratulated them on their win, and as an old member and vice-president

of tho Kokatahi team, invited than to have a drink. He himself opened ’ the bar, and shouted for the five! lnembws, passing the glasses through! the slide from the liar to the billiard j room. Constable Kennedy arrived im- j mediately thoroaftcir, and the licensee 1 gave the same excuse immediately upon being asked by thu constable. Air Murdoch, for the defence, quoted a later decision by Alt' Justice Williams, who dissented from flu- law its laid down by Mr Justice Dennistoii. lie also objected to any evidence of system, as, on previous occasions the constable must either have accepted the statements of the licensee as truthful or had been guilty of a breach of duty in not entering a prosecution. Air A Murdoch contended it was now dear law that each case must he determined on its own merits, and it was for the .Magistrate, as sole judge, to decide whether any gift of liquor by a licensee was a bona fide gift or not; and that such decision was final. AH the circumstances must he taken into consideration, and in this case it was shown that the team had dinner in the hotel, that the licensee was an old member of the Club, and that not more than one hour had -elapsed from the team’s arrival in Ross till they made their final departure on their journey home. Those circumstances showed the gift was bona fide. The Magistrate reviewed the whole

nf tlio authorities and ruled that evidence of system was nut relevant, and as the lieensee Intel been consistent in his ( xplaimlb n la the constable on the day in question, and in the witness h,>\, the ciiviiii slam e.s showed the j ilt was a I cma fide gift of liquor and was not in any way a transaction in the nature of a sale. The Magistrate also expressed the opinion that he would consider himself hound by the ruling of the la,to Mr Justice Williams which had been quoted by the defence, lie; accordingly dismissed both iliiormatioiis.