Breaches of the Liquor Laws.

Manawatu Herald, 14 April 1894, Page 2

Breaches of the Liquor Laws.

Afc the Magistrates Court on Thursday, before Mr H. W. Brabant, S.M., the following important cases wore heard, which are of much interest to the trade. Thomas Galloway was charged by Constable Gillespie that —On 'or about the Ist day of March, at Carnarvon, did sell certain liquor, to wit, porter (five dozen bottles) to one James Tennant, without being duly licensed to sell the same. The constable said that the charge was laid under section 159 of the Licensing Act, 1881, which provides that " No person shall sell or expose for sale any liquor without being duly licensed to sell the same, at any place where he is not authorised by his license to sell." Accused pleaded " Guilty," saying he was employed by Kuhtze, & Co., brewers, to travel to sell beer and get orders for same— but as he ronnded his admissions too much, the S.M. decided to record a plea of " Not Guilty." James Tennant, flaxmiller of Oroua Downs deposed — That on or about the 6th of February I purchased 5 doz of small bottles of stout from accused at my flaxmill at Carnarvon ; he came into my mill and said he was going round and talcing orders aud selling beer for a Palmerston brewer. I gave him a cheque for amount, I put Thomas Galloway on it ; I had seen no one previous about this liquor or given any order for it. Accused in answer to a request to produce his license, said he was acting for the brewer. The constable said that this was his case. Joseph Kuhtza, called by accused, said the accused was employed to travel on commission ; had sold a few dozen for him ; on the second trip to the Bridge you delivered what was ordered on the first. By the constable: I sent accused to get orders ; I did not authorise accused to sell liquor at Carnarvon ; I authorised him to sell it wherever he could ; I started the accused out in an express with a . quantity of liquor ; he got so much for every dozen lie sold ; he appears to have acted contrary to uiy orders. Thomas Galloway deposed — I was a brewer's assistant ; in starting for Kuhtze I went as far as Carnarvon ; he told me to sell a dozen or so where I saw a chance ; I was anxious to do the best I could for my employer ; Kuhtze led me to believe that this was what he had been in the habit of doing for the last 12 years. By constable : Started out with 10 dozen ale that morning ; 5 doz was ordered ; none was ordered at Carnarvon ; sold nothing to the people but those from whom I took orders from ; delivered no liquor unless previously had taken orders, except to Tennanfc ; do not admit it was not right to sell liquor without taking a previous order. Accused was convicted of selling without a license, and fined 20j and costs, 18s. He was allowed till Wednesday to pay it in. Joseph Kuhtze was charged by Constable Gilliespie that — On or about the Ist day of March at Carnarvon did sell certain liquor to wit porter (one dozen bottles) to one John Yanko, at a place where he is not authorised by his license to sell the same. The Constable explained that the charge was laid under section 159 of the Licensing Act 1881, which further set forth that, " Any person selling or exposing for sale any liquor which he is not licensed to sell, or selling or exposing for sale any liquor at any place where he is not authorised by his licenae to sell the same," and that section 2 of the Beer Duty Act 1880 Amendment Act 1886 sets out, " A license issued to any brewer under the said Act shall entitle such brewer to sell in quantities of not less than two gallons beer brewed at his brewery without it being necessary for him to take out a wholesale or other license under any other Act or Ordinance ; but a license issued under the said Act shall only entitle the holder thereof to sell beer in casks of the prescribed sizes at his brewery or other place in which beer may be legally stored prior to the duty being -paid thereon or to sell beer at his .bottling, store, which store shall not be situated on his brewery premises, but which Bhall be situated within the licensing district in which his brewery is situate. Accused pleaded not guilty. Mr Hurley appeared for accused. The Constable called John Yanko, who deposed — First saw Kuhtze when he brought porter to my house at Carnarvon ; he was coming by my gate and his mate (I mean Golloway) and called to me, and Kuhtze, who was in an express, asked me how many dozen I would take of porter ; I said one dozen ; he said, one dozen is too little, so I said all right, I will buy two dozen ; I

took the porter into the house and paid 7s then -end 7s 6d to-day to Mr Kuhtze. By Mr Hurley — The porter had been ordered before, about three weeks ; I ordered one dozen. By Constable — I had ordered one dozen and purchased another dozen at the door. . n Constable Gillespie deposed — Carnarvon is situated in the Ofcaki Licensing District and not in that of Palmerston, where Mr Khutze's bottling stores were. The Constable stated that was his case. Mr Hurley said that Mr Kuhtze was under the impression the license he held permitted him to sell beer. It arose through ignorance of the law. He pointed out that the old Act set out that a brewer did not need a wholesale license. He asked for a light penalty. Joseph Kuhtze said— l am a brewer residing at Palmerston ; I had never heard I could not sell until I got a summons ; I have been a brewer 20 years ; I thought I could sell my beer all over New Zealand, Dunedin travellers came up here ; I never sold under two gallons. By Constable — I know I must get an order previous to selling ; I do not think Yanko would tell an untruth ; Yanko's order was booked as 2 dozen ; Mr Galloway kept the order book ; enters them as he geta them. (The order book was produced by Mr Galloway and showed only an order of 1 dozen entered.) T- P. Williams said — 1 have had six years experience in a hotel ; knew brewers travellers came round solicit, ing orders. By Constable - The brewers travellers do not bring the beer at the time ; it is frequently done in Wellington, that if Staples & Co or other brewers, supplied your order, they would come and take your empty bottles and supply direct from the cart to private houses ; it was John Staples' cart that went round. The S.M. said whatever may have been the oustom he had only to deal with the law as it stands. The Amendment Act 1866 made it clear that a brewer could sell beer at his brewery or in such a place where beer may be legally stored, &c, but in the licensing district in which ' his premises were situated. It does j not appear that an order was sent. Accused was convicted and fined ". £10, costs 18s, and witness expenses 10s. Joseph Kuhtze was -cliaxgM ilfl Constable Gillespia .- that — On. or about the Ist day, of March r at Carnarvon did have in "his possession or under his control" 'labels, approriate, and intended iqr^lhfrnmvi pose of labelling bottles ' cbntaimng liquor, such labels not containjne imprinted therein in plain w :aqdj legible characters the words "'Bb.ttljMU in New Zealand." ■ ■■•••• -^.n* The constable said the inforraitiiM' was laid under section 174bf-'t]her Licencing Act 1881 which ' feria^ta 1 * th it — Any person haylfiffifefr^his possession or under hir COD^W^fe| soiling or purchasing or coftJijrflilnffß to sell or purchase any labdij^ipraf propriate and intended foi*lth^^p!n> pose of labelling bottles Containing liquor such labels . not " Cflnraining imprinted thereon in plain and legible characters the wolds " Bottled j in New Zealand," and thein&ne of, the bottler using the said, JaMlAf shall be liable to a penalty of notless than £20 nor more ,ihft^ i6soSlfi~ and all such labels shalL't)b"^bT^ feited." -■ > .-.»i«i(w Mr Hurley appeared for^&obuseiN who pleaded not guilty. .•??.<«£ John Yanko was called and deposed — That he purchased Jiawor from Mr Kuhtze at CarDa^von ;^^ie bottles were labelled, and tb&3se produced is one that was on we bottles, they were all alike. ; Joseph Kuhtze admitted that it was his label and was upon bis bottles. .;. i: Joseph Kuhtze was called aid admitted the label as being hlfl.; Jba was not aware it wag neoeBB&gOJo have the words complained pjr;p| ; the labels were printed by WeHfi|jton printers ; also used -jta^'^t another label round the neck* $E the bottles, with " Palmerston Nb&Sj 11 these bottles were sent out witnopt this other label. : h By Constable— There is &>|b% on the label to show that the ;ftojjfc was bottled in New Zealand ; nej&r knew about it till I received <gunimons, though I have beeii i»*the trade 20 years ; I admit the- kbal ig» not in accordance with th£ )£&/*. i"l The Magistrate adjourned the oase to Wednesday next to: Palmerston when he will give his deoision,