Interesting Licensing Case. Power of Police to Enter Hotels on Sundays. Auckland, March 20.

Te Aroha News, Volume III, Issue 147, 27 March 1886, Page 5

Interesting Licensing Case. Power of Police to Enter Hotels on Sundays. Auckland, March 20.

A case of considerable interest to publicans was heaid at the Police Court to-day, before Mr H. G. Seth Smith, Resident Magistrate. J ohanna Sullivan wae charged with a breach of the Licensing Act by re fusing to admit Sergeant McMahon to her licensed house, the Shamrock Hotel, while ihe officer was in the execution of his duty. Mr Cotter appeared on behalf of the accusod, and pleaded not guilty. Sergeant Pratt prosecuted, and stated the circumstances of the case. John McMahon, Sergeant of Police, deposed that on the 7th of March last he visited the Shamrock Hotel about noon in company with Constable Donovan. They had previously visited other hotels, Mrs Sullivan's being the laat. Witnesa knocked at the Albert street general entrance. Atter some ;time, Mrs Sullivan came and opened one-half of the door. When she saw who was outside, she said, " Wait awhile," and closed the door abruptly. Both witness and the constable were in uniform When the door closed, witness resumed knocking After the lapse of a couple of minutes, a man who gave his name as Hamilton, and who said he was a six months' boarder, opened the door. He said ho was not told to do so by Mrs Sullivan, but opened ! tho door because ot the noise made by the knocking. They saw nothing of Mrs Sullivan. A man named Hugh Kirkwood, against whom a prohibitory order was in force, was inside. A pint of shandygaff was on the table, and Hamilton was evidently taking it with his dinner. Witness had visited the house on previous occasione, both on Sundays and after ordinary hours, and had found it necessary to caution Mrs Sullivan. There was ample time on the Sunday in question for any persons who might have been drinking in&ide to make their escape by the rear had they desired to do so. The Sergeant, in cross-examination, said he did not believe that Mrs Sullivan refused their assistance because she thought they came for a drink. He did not drink on Sundays. Constable Donovan was called, and corroborated the statement of Sergeant Me Mahon. They were kept outside about a couple of minutes after Mrs Sullivan closed the door. This was the evidence for the prosecution. Mr Cotter submitted that the case must bo dismissed on a ground thai; had already been held by His Worship to be fatal to the police The same facts had been proved in the former case to which he referred, i and which was against Lynch, of Parnell. He submitted that any constable demanding to enter a Hotel must do so in persuance of Section 1S5 of the Licensing Act, otherwise the case must fail. His Worship : Have you seen the ruling of Mr Justice Williams on the point ? Mr Cotter : No, your Worship. Mr Smith : Well, ho rules the reverse, and I am afraid I must abide by a decision from the Supreme Court on the point. Mr Cotter : Well, Your Worship, I have not seen tho ruling, and did not come prepared for it. I depended upon Your Worship's former ruling. The Bench : Well, I would have followed my other ruling had it not been for this decision. Mr Cotter quoted the provisions of the Adulteration of Food Act on the same subject, and held that the two acts were analogous He suggested that Sergeant Pratt should withdraw this prosecution, and allow it to go forth that such a decision had been given by Mr Justice Williams. If not, he thought His Worship might dismiss the case, or adjourn it to enable him to produce authorities. Sergeant Pratt pointed out that the Lynch case happened at night, when the licensee could not see who was outside. Mr Cotter : At half-past five in the ingThe Bench : Well, I will adjourn the case for a week, Mr Cotter, and you can then produce the authorities you speak of. Sergeant Pratt : vVell, Your Worship, in the meantime the police cannot enter the hotels. It seems absurd that a constable should have to stand outside and quote the Act before he can enter. The Bench : Well, 1 shall adjourn the case until next Saturday.