LIQUOR AT CONCERT.

Hauraki Plains Gazette, Volume XXXV, Issue 4658, 6 February 1924, Page 2

LIQUOR AT CONCERT.

BREACH OF THE ACT.

happenings jN no license area

An etho of the omekc concert helu in Nu.Ciuuer last at Kerepeeni by the iv.’iepeeni Lvausu ingei s' Ciub w nci'.iu at tne Magistrates (Joint al Thames yestei’uay, wnen the president and oCv.Cuhy of tne club were chained, beiore Mr J. G. Hewitt, S.M., with selling liquor to Alex McMillan and W. J. Hoiwell.

The Sergeant of Police .said that on November 9 it smoke concert was held al Kerepeehi by the Leadswingers’ club. The clubhad purchased 36 gallons of beer, quid admission to the social was by ticket at 5s each, rhe contention of the police was that this was a technical breach o£ the Act. Nr Clendon said.’ that neither G. A. Avey nor J. E. Smith, president and secretary, respectively, of the club, had sold liquor to .other than club members. Certain people were invited as guests, and no doubt had liquor. W. J. Hoiwell, labourer, of Paeroa, said that he was at the concert because he had been asked to be present to sing. He paid 5s for admission to one of the members of the club, and had had drinks. He was not a member of the club. Alex McMillan, labourer, of Kerepeehi, said that he was present at the smoke concert, but had found a ticket on the road, sp did not have to pay for admission. Had he not found this ticket he would have had to pay. He was not a member ,or a returned soldier, but he had drinks at the social. Neither Avey nor Smith had sold him liquor or a ticket for admission. Constable J. M. Devereaux, of Kerepeehi, stated that he had been interviewed by officials of the club. He had informed them that only members of the club could be present, and advised the club not to purchase too much beer. However, the function was closed early, as some of those present were becoming disorderly. Some liquor was left over. To Mr Clendon Constable Devereaux said that he was not in Kerepeehi on the night in question, so all he knew was what he had heard. He knew that other than members of the club would be invited. He could not say whether Avey or Smith had sold tickets or liquor. Mr Clendon said that if it was right for members of the club to pay for admission, surely it was right that friends should be charged. The sergeant of police quoted an authority in support of his case. Mr Clendon said that the case mentioned was not on a par. Tn that case the defendant had sold and served the liquor. In the present case both witnesses denied that they had purchased cither tickets or liquor from the men charged. The prosecution had not shown that defendants had sold either tickets o; - liquor to the witnesses. Constable Devereaux had not brought evidence to show that liquor had been bought, and could only give statements he had heard prior to and after the function. It was not shown that Smith or Avey had committed any offence, and he therefore submitted that the charge should be dismissed. After the luncheon adjournment Mr Clendon quoted further legal authorities. His Worship said that the evidence showed that the persons; who purchased tickets became guests of the club. This was a question of the open door in a no-license district. # If persons whp bought tickets became bonafide guests there was.an opening for abuse. Under the circumstances 1 he would have no option but to convict. The sergeant said that the police did not press for a heavy penalty, as the case was only brought as an advertisement. Each defendant was convicted and fined £1 and costs. BREACH OF PROHIBITION ORDER. A witness in the previous case, William James Hoiwell, was charged with procuring liquor during the currency of a prohibition order, and wFh failing to obstain from drinking intoxicating liquor at Kerepeehi. Hoiwell pleaded guilty, and was convicted and discharged on both informations. LIQUOR IN NO-LICENSE AREA. George White was charged with giving a verbal order to R. L. Harvey, licensee of the Warwick Arms Hotel, for liquor intended to be taken into the. Ohinemuri no-license district, to wit Kerepeehi, without informing Harvey of the destination. He was also charged with supplying Mit.i Hotene Paratene, with intoxicating liquor for consumption off licensed promises. R. L. Harvey, licensee of the Warwick Arms Hotel, stated that he had sold a jar of liquor to a man from Ngatea No notification had . been given him that it was to go to a nolicense district. Constable Devereaux said that a party of Ngatea men went by car to Kerepeehi and took the jar with themHe had noticed White pouring some of the beer into a cup.

The defendant was convicted and discharged on the first information, and for serving a Maori was 1 convicted and fined 40s. and costs.