SALE OF LIQUOR ON SUNDAY

Taupo Times, Volume II, Issue 98, 4 December 1953, Page 9

SALE OF LIQUOR ON SUNDAY

LICENSEE CONVICTED In the Magistrate's Court, Taupo, on Friday November 27, before Mr W. A. Harlow, S.M., Mrs G. M. Fearnley, licensee of the Terraces Hotel, Taupo, was charged that on Sunday, October 11, 1953, she did at a time when the premises were required to be closed, sell liquor in such premises. Mrs Fearnley was also charged with opening the premises for the sale of liquors, and with exposing liquor for sale. She pleaded not guilty. Alfred Hughes, porter barman, and Victor Semple, porter barman, were charged, in connection with the same circumstances, with supplying liquor. Both pleaded guilty. Senior-Sergeant Allsop, of Rotorua, stated in evidence that on Sunday, October 11, he was a member of a police party consisting of Sub-Inspector Hayhurst, himself, Sergeant Byrne, Constables McLeod and Stewart. The party arrived at the Terraces Hotel at 4.15 p.m. and drove to the rear of the hotel. Two or three vehicles were parked at the back of the hotel. Mr Hayhurst and himself were in plain clothes, the others in uniform. He went to the public bar. The scene was that of normal Saturday afternoon licensed trading. There were a number of Maoris in the yard at rear of the hotel and the bar appeared to be full. There was noise from the bar and the windows were open. It was full of patrons, principally Maori men and a large percentage of Maori Women. There were about thirty - people. Liquor was on the counter and patrons were drinking liquor. Hughes and Semple were behind the bar. He asked whether it was the practice to operate after hour trading on Sunday and neither of them replied. Sergeant Byrne„ giving evidence, said that from the moment he left the car he could hear singing and loud voices from the bar. He saw a bar window was open and a partfilied glass of beer and a bottie on the windowsill. One man had a bottie of beer in his hand and said he had been there one and a half hours. There were seven or eight partly consumed bottles of beer on the bar floor. The appearance of the bar presented the aspect of normal busy trading hours. None of the names of the people in the bar were found in the hotel register for that day, In other words, there were no hotel guests in the bar. Mr Morrissey, for the defence, said that Hughes had been employed six months and Semple twelve months. On the day in question they were on duty cleaning out the ba$ and beer-pipes, as they did every Sunday. A party arrived and the men served them against their instructions and in dereliction of their duty, and Mrs Fearley should not be penalised for their actions. She was in Napier at the time. Alfred Hughes stated in evidence that he and Semple were rolling in two twenty-sevens of beer through the bar door when the party arrived. They asked for a beer and he weakened and said "Well, make it a quick one." He told Mr Hayhurst that he served the drinks against the licensee's instructions. Mrs Fearnley said in evidence that the barmen always cleaned the bar every Sunday. Mr Gatchy was in charge. On her return he was dismissed. In reply to the magistrate, Mrs Fearnley said she had not sacked the barmen because Mr Gatchy was left in charge. He had not been on the premises and she had dismissed him.