ALLEGED BREACH OF LICENSING ACT.

Manawatu Herald, Volume XXXIX, Issue 1717, 26 May 1917, Page 2

ALLEGED BREACH OF LICENSING ACT.

CASE ADJOURNED FOB LEGALARGUMENT. At the Magistrate’s Court yesterday' morping, before Mr W. G, Kenrick, S.M., Hugh Beveridge, licensee of the Post Office Hotel, was charged that on April Ist, during the time when such licensed premises are directed by the Licensing Act to be closed, did expose liquor for sale in such premises.

Snb-lnspector McKinnon prose- ’ anted, and Mr 11. R. Cooper appeared for defendant, and entered a plea of not guilty. The Sub-Inspector said that, briefly, the case was as follows: — On Sunday, April Ist, the two con- 1 st a ides visited the premikes at about 11 a.m., and found three men { .standing at an open slide. The licensee was in the bar, and there were three empty mugs on the slide counter. The men were not boarders. The slide was open, and the contents of; the bar could be seen by anyone entering! He called the following evidence; —

Constable Hanlon said that on the day in question, at about 11.1/5 o’clock, he entered the hotel in company with Constable Woods. He saw three men standing in a room off the bar. The slide of the bar was open about IS inches, and Mr Beveridge was standing in the conin' of the bar. There wi>rc three mugs on the slide counter. The contents of (lie bar could he seen.

To Mr Cooper: The men were standing about six feel away from Ihe bar slide. Constable Woods entered (lie room first. He couldn’t say whether the door leadin'*' from the passage was open when they entered Hie hotel or whether Constable Woods opened it when lie went into ] the room. The contents of the bar could- he seen from the room, but not from .the passage.

Constable Woods stated that when he and the previous witness . entered the hotel h’e heard voices in the bar parlour. He found the door leading from the passage to the bar parlour open, and saw three men standing against the slide, with Ihree empty mugs in front: of them. The slide was open, and Mr Beveridge was standing in the middle of the bar wiping a glass. The contents of the bar could be distinctly seen from the open slide. "Witness said to the licensee: “What is the meaning of this?” hut he didn’t reply. One of the men gave the excuse that he Avas in the hotel for meals. To the Magistrate: The other two men had no right there. To Mr Cooper: The door leading from the passage to the room was open, and the three men could be seen from the passage. Mr Beveridge had been licensee of the hotel for about lavo years. This closed the case for the prosecution. Mr Cooper said he proposed to raise the point that had been decided by Mr Reid, SAL, of Wellington, m this month, in the ease against A. ' R. Durrani, licensee, of the Commercial Hotel, charged with allegedly exposing liquor for sale on a Sunday, in this case Mr Reid dismissed the charge on the ground "» that the slide in question opened into a room and not on to a passage. Mr Cooper said he did not know the circumstances of the ease, as he had not had time to go into il, hut considered the''point should he looked into. He asked that the ease he adjourned until Monday for legal argument, at Palmerston North, Avhere all the books were available. .Sub-Inspector McKinnon said he was quite agreeable. In answer to a question from the Bench, Air Cooper said lie did not propose to call any evidence. He said Mr Beveridge luid been in Poxton for two years,, and previous to that was hotelkeeping at NorseAVood for three years, and that this Avas the first charge against him. Suh-lnspeelor McKinnon admitted that Mr Beveridge came to Poxton from Norsewood with a very good record. The ease Avas adjourned as requested.