Supplyng Liquor to Native Women.

Levin Daily Chronicle, 20 April 1918, Page 3

Supplyng Liquor to Native Women.

A CONVICTION RECORDED

Mr Kenrick, P.M., gave judgment on Thursday in the case Police v. M. J. Suhan, licensee ot the Levin Hotel, heard at the local court on -Tanutry 17. Defendant was charged with supplying liquor to two native women. The evidence showed that the two women were found sitting in the writing room of the hotel and the barman was talking to them. One had a glass of beer or shandy beside her on the table and the other was drinking and had paitl\ consumed Tier litvuor when the constable entered. Tn answer to the hitter's question the barman said he supplied the liquor. Ihp licensee was in his factory about a, chain from the hotel, but situated on licensed premises. The Magistrate said that he had no dmibt from the evidence that t'he liquor was either beer or shandv awl was satisfied the women were native women, these being questions raised by the defence. The question was whether the licensee was liable for the act lof the barman. The Magistrate nuoted the cases of Harvev v. "Whitehead, and Sivver v. Taylor, and said : " On the evidence before me I am satisfied the barman was acting within the scope of his authoritey, but was acting contrary to instructions in selling liquor to native women. T further think that when the licensee is away at his soda-water factory a chain from his hotel, even if it is situated on land deemed to be licensed nremises, it can harulv be held that he had immediate control of the hotel and bar, and therefore he must- be deemed to have delegated his control to the barman. The case of Siyyei v. Taylor, however, has laid it. down clearly that if liquor is supplied by the licensee himself or by a servant acting within the general scope of his employment the licensee is guilty of an offence. In the present case the barman wa> proved, in my opinion, of acting within the general scope of his authority, and therefore the nppsce must be held liable, notwitlistanding that the barman had been instructed not to sell to native women." The _ circumstances did not indicate it to ,y* n ease for a heavy fine and a penalty of £1 and costs was inflicted in one case, and the otliT was dismissed as it formed pari of the first case. At the hearing Constable Eagrie conducted the case for the nolice and Mr McG-rath, of "Wellinarton, appeared for the licensee.