The Licensing Act

Levin Daily Chronicle, 24 February 1917, Page 2

The Licensing Act

OASES HEAII'D AT LBViN OOU'IIT. Three cases arising out of alleged breaches of "The Licensing Act ; 1808."were heard at Levin S.M. Court last Thursday, by Mr W. G. Genriclt, S.M. The respective defendants were Herbert John Merritt, John Smith ami Matliey J. Sulian.

Tlie cases against Smith and Merrit were taken first. Constable Bagrie deposed that the defendants were found in the Levin Hotel at 8.45 p.m. on Sunday, 4th February. Smith went into witness box first and said that lie got most of his meals at the Levin Hotel and looked upon it as his home. On the night in question he went to the hotel to ask what luggage there would be for his eoacli in the morning, but he did not ask for a drink nor did he have any. Merrit gave evidence that he visited the hotel to try to get a shilling's worth of brandy for hie wife who was ill. He also denied having any drink on the prem-

ises. Mr Kenrick, S.M. held that owing to Smith having 110 home, and beiftg in the habit of taking meals at the hotel, he was to all intents and purposes a bo artier at tlis hotel, although lie had 110 right to obtain liquor during hours when the bar was closed. In dismissing this information, the magistrate advised defendant to keep clear of the hotel bar whenever it was closed. In Merrit's case the magistrate 6aid he was clear -that a technical breach had been committed, as defendant had not gone there is pursuance of a doctor's order. Defendant would be convicted, but no fine nor costs would be inflicted. <

SI. J. Sulian, licensee of Levin Hotel, was caused with having exposed liiquor for 6ale during flouts when, the premises were supposed to be closed. Constable 'Bagrie -deposed that the bar was open on the night of Sunday, 4tli February; the slide leading froi.. the office to the bar being raised, md both Smith and Merrit being in the office. There was a boarder being supplied with a bottle of beer. The defence raised by' Mr McGrath, solicitor for defendant, relied on the case of White v. N : estor, which laid down that the mere fact of liquor being exposed at the time of a bona fide eale taking place was not an offence under the Act. The magistrate upheld the contention and dismissed the information.