BREACHES OF THE LICENSING ACT.

Manawatu Herald, Volume XLIII, Issue 2369, 17 December 1921, Page 2

BREACHES OF THE LICENSING ACT.

LEFT UMBRELLA LEADS TO

CONVICTIONS,

At the local S. M. Court yesterday, before Mr J. L. Stout., S.M., Reinholt Palmer, licensee of the Family Hotel, was charged with providing Alexander Morgan with liquor after hours on the 7th of December, and Alexander Morgan was charged with being illegally on the licensed premises of the Family Hofei on the same date.

Palmer, for whom Mr A. M. Onglev appeared, pleaded not guilty.

Constable Owen, in evidence, said that on the evening of the 7th December, he and Constable O’Donoghue were on duty in Main Street. They walked down Main Street past the Family Hotel, as far as the junction of Union Street. On coming back they noticed a man standing on the vacant section behind the hotel, and on going over to him noticed a light shining through the bar window. Immediately after they saw it the light was extinguished, and they heard footsteps, evidently coming from the bar approach to the side door. The side door was in darkness. The door was opened, and Morgan came out. His right side coat pocket was bulging. On being questioned, he said that he had nothing in his possession. Just then the (licensee, who had evidently come oul of the front door, came round the side of the hotel, and approached them. He admitted at once that he had given Morgan a bottle of beer, and told him to produce it, which he did. The bottle had the cork drawn. Witness and Constable O’Donoghue then went inside, and found everything in order. There was a lighted candle on the table in the passage. In answer lo Mr Ongley, Constable Owen said that just as they were coming back a car passed the hotel, and the light from it showed up the man on the section. He could not say whether the blind in the bar window was up or down. They were able to see the light in Ihe Imr, anyhow. It; was not wet, but had been that morning. Morgan said that he had been in to get an umbrella he had left there. Palmer made no attempt to hide anything, but was quite straightforward.

Mr Ongley! “Is Mr Morgan a man that hangs about a lot at night?” Witness: “No! But he frequently loiters around the hotels on Sundays.' Morgan said that he did not have a ‘pal’ waiting for him.’’

Constable O’Donoghue, in-corro-borating Constable Owen’s evidence, said that if was about 8.55 o’clock on the evening in question when they saw Morgan come out of the hotel.

Mr Ongley, in outlining the defence, said that Morgan had taken an umbrella to work on the morning in question, as it was raining. On bis way home that evening hejcalled, in company with a friend, at the Family Hotel. It was not raining then. He placed his umbrella n- • gainst, some beer barrels in the bar. He left the hotel about six o’clock and forgot his umbrella. He returned at about 7.30. Mr Palmer was out. Later he met Mr Tyson, who accompanied him to the hotel. By this time Mr Palmer was then in, and he got his umbrella and was going out, when Palmer asked him

to have a drink. He refused, and Palmer then gave him a bottle of beer, and told him to go out the side door. This he did, and Palmer went out the front, put out the light, and then walked round the side, where lie saw the police and Morgan. He went straight up and told them what had happened. Constable Owen said that Morgan should have come out of the front door. Why did he want to go out the side, where it was dark, if everything was quite all right?

Mr Ongley said that he did not consider the matter a. serious offence. It was a. technical breach. The Magistrate said that the licensee could not convert a man illegally on licensed premises into a. guest.

Reinholl Palmer said that Morgan came into the bar about live o’clock in the company of some other man, and left about six. He did not nolice that he had an .umbrella, but noticed one against some barrels after he had gone. About 10 minutes to nine he met Morgan in the passage, and he told witness that l.e had come for his umbrella, and he allowed him to get it. He invited Morgan to have a drink, but he refused. He then gave him a bottle of beer. He told him to go out the side door, because he. thought he heard someone outside when he was in the bar. He put the candle on the table in the hall, and went out the front and put the light out. lie heard voices, and went round the side of the hotel, where he saw the police talking to Morgan. He immediately explained what had happened. He received no payment for the beer. Morgan was the only one there.

Constable Owen: Why did you send Morgan out by the side door?

Witness: Because I thought 1 heard someone while I was in the bar. Constable Owen: That would not have made any difference if Morgan had only been getting his umbrella. You know that men are frequently hanging round your premises after hours.

Witness said that he did not. Witness said he had not seen Morgan hanging round the hotel on Sundays.

The Magistrate: Did you know that he had a friend outside? Witness said that he did not.

The Magistrate: Then why did you draw the cork of the bottle? Witness said that if Morgan had come for a drink he would have brought his friend in too. The Magistrate: Perhaps the friend wouldn’t take the risk. Alexander Richard Morgan said he had left his umbrella in the bar room on the date in question. About 7.30 that night he called at the hotel, and the girl told him Mr Palmer was out. He subsequently met Tyson, and informed him that he had to get his umbrella from the hotel, and Tyson accompanied him, as they intended to go home together. Tyson remained outside while lie (witness) went in. He met Mr Palmer in 'the hall, and he opened the bar and told witness to go and get his umbrella, which he did. Mr Palmer then offered him a drink, but he- refused, but took the bottle of beer offered him. He went out by the side door, and met the police. Constable O’Donoghue put his hands round him and said that he had a bottle of beer. Constable Owen said that he (witness) was “loaded up.” He refused to produce the bottle. Mr Palmer then came round and informed Constable Owen that he had given witness a bottle of beer.

To Constable Owen: He could not have left the umbrella, there until the morning, as it was a borrowed one. He did not go out by the front door, as the side door was nearer. James .Tyson said that he met Morgan at the Post Office on tha night in question. He subsequently waited outside the hotel for Morgan. He saw the constables arrive, but did not attempt to give any warning. 1

To Constable Owen: He did not frequent hotels after hours. The Magistrate: Didn’t you go down for a drink?

Witness: No. I didn’t know there was a bottle attached to the matter.

The Magistrate: You were only living in hopes, then! The Magistrate said that he considered it rather strange that the licensee did not take charge of the umbrella when he saw it left there. It looked rather suspicious that Morgan met a friend, and that they both went down to the hotel together, and the police found Morgan coming out with an uncorked bottle in his possession, evidently to give his friend a drink. Morgan did not knock and ask for his umbrella, he just hung round until the licensee came down. Tt was rather a strange coincidence that the licensee should come down as Morgan came in. Morgan had no right to wander about licensed premises after hours. If he accepted the excuse about the umbrella he would have half of Foxton forgetting their umbrellas and returning for them after hours. Palmer certainly had been frank and straightforward about the matter, and this was his first offence. The liquor could not be deemed a gift, but was an evasion of the Act.

He had recently had to convict several people for hanging about the Family Hotel, and there must be some encouragement given to them to cause them to hang round. Under the circumstances Palmer, would be convicted and fined £l, with costs 7s, and Morgan £2, with 7s costs. He hoped that this would be a lesson to the licensee.

FURTHER BREACHES

Harold Hardy, William Gardener, Hurston Robinson, John McCaulay and Basil Walls were charged with being illegally on the licensed premises of Whyte’s Hotel on tth December.

Constable Owen said that at abovit nine o’clock on the night in question he noticed a car arrive in Foxton with four or five men in it, and advertising their presence in a boisterous manner. As far as he could see, the ear passed through Foxton. About 10.30 on the same night he saw the same car drive down Whyte Street, and thence into the back of Whyte’s Hotel. On going around, he met Hardy at the hack door, in company with another roan who was the worse for liquor. Hardy made the excuse that he was trying to get a bed for bis mate. Witness then went inside and saw the other accused. They made n/i excuse for being there. There were glasses on a tray, and the floor was wet with liquor. The wife of the licensee was present in the room. Hardy said lie was not in the room.

Constable Owen said that there was no reason for Hardy being on the premises at all. He had caused a great deni of trouble locally by bringing car loads of drunks to Foxton.

The Magistrate said that Hardy, if looking for a bed for his friend, should have drawn up at the front door. If one man only wanted a bed there was no reason for the others to be on the premises.

Accused were each convicted and fined £2, with 7s costs.