LICEENSING ACT

Hokitika Guardian, 26 September 1933, Page 3

LICEENSING ACT

BOOKED AS LODGERS. MAGISTRATE UNSATISFIED. AUCKLAND, September 22. “This 'seems to be just a new device for evading the provisions -of the Licensing Act,” said Mr \y. 7R. McKean S.Af, ,• in the Police.-Court when four men who were 'charged with being unlawfully on licensed premises after .hours, and , whose homes were in "the district, brought evidence ,to show that th.ey had “hooked in” ,as lodgers, and had slept at the hotel after a police raid. In connection with the same incident Charles Edward Adams, former; licensee,, of Aha /Empires Hotel, . was' charged with keeping open the premises! for the s'le of liquor after .. hours, ex-; posing, liquor for .sale after hours and: selling liquor after hours...'Adams was; represqnted by., Mr, Henry -and fhe ; other four defendants by Mr A ekius. Pleas of .not . guilty to -all the charges were entered. ...Detect ive-Sergoaqt O’Sjnlli yan -sHd that, about 9.20 p.ni. op July 21 Sergeant Qeraghty land ■ two constables visited the Empire Hotel -find found four, men in the,, bar. There were glasses -of ale in front of -them. They stated they-had been entered .in books!

as lodgers, but all lived within fifteen minutes’ walk of the hotel and none had luggage or night attire. Two liter left for .the home .of one 1 of them, where Dicy were interviewed by the .police. 1 They stated they had" gone to get. pyjamas. They were in''“their' wbVk'ng clothes when seen in the 'bar. It would appear th it it .was a practice to "book in” as lodgers merely to ,evade the T,keensing Act. He understood', however, that they had subsequently slept in the -hotel. Mr -Aekins claimed that as defendants hid been entered in the books as lodgers and had slept at the hotel, they fulfilled the definition of lodgers tinder the Act. AH the. men were single and there was surely nothing illegal in spending a might at an hotel if they j so desired. I

Four men gve evidence of having paid 5s for bed and breakfast, and advanced reasons for having decided to spend the night in the hotel. “I mm icomplote'y dis.s'tisfied , with this evidence,” .said Die Magistrate in. fining each defendant £2 with costs “I have no power to -inflict a higher penalty, but- if people- come ho"e and tell untruths they <rn expect the mayi . mum penalty in..every case. They, de. . serve no consideration. 7 7 ' 7 Mr Henry, for r Ada ms ; said the fact? in the case were admitted, .but. hc, r.lainmd that' Aj l'-ms / honestly belie v e’d the other men had come as bona fidp lodgers. ’"■l cannot “bdlieve r ‘Adams’ rea'Hythought- the other ~D f ord.onts were e-o----ino-' to spend the night as bom • fide-' guests.” sa’d the 'Magistrate jn • imp r, s.ing a fine of £5 \vi h costs" on the' fy’st r-herge. The other' cKavges' were withdrawn. „. ..