S. M. Is Critical Of Maori Warden In Licensing Case

Taupo Times, Volume VI, Issue 287, 8 August 1957, Page 1

S. M. Is Critical Of Maori Warden In Licensing Case

BOTH Mr W. A. Harlow, S.M. and counsel defending a barman, Richard Thornton, and Phil Ashley Klatt, former licensee of the Terraces Hotel, who were charged at Taupo Police Oourt with breaches of the Licensing Act, commented upon the action of a Maori warden who instead of ordering six Maori youths under age from the bar, called the police.

Klatt had pleaded guilty to supplying liquor to a person under 21. Thornton also had pleaded guilty to a similar eharge eoncerning that date, and also to supplying liquor after hours on July 19. Mr G. Crossley, of Palmerston North, represented both. Sergeant. Waters said that at 3.40 p.rn. on July 6, he and Constable W. D. Mills visited the Terraces Hotel and saw among others Brian Hapeta in the bar. He had bouglit three bottles of beer from Thornton in the hotel bar earlier in the day. Thornton admitted the sale. DIDN T LOOK 21 "Hapeta didn't look anything like 21, and when confronted Thornton said he never could tell with Maoris," the ju'osecutor contimied: "Klatt was present when Hapeta was taken before Thornton, and Klatt said he didn't think Hapeta looked 21. "v Mr Walton : Has he any jirevious convictions? Mr "Waters : Yes, sir ; two for selllng liquor after hours, but nothing about selling to minors. Mr Crossley said Klatt was concerned about tlie matter. Tliat day there were about 50 people in the bar. A Maori warden spoke to the barman and said be tliought there were eome people under 21 in the bar. "The barman said: Toint them out to me, and I will put them out now'," Mr Crossley said, "but the Maori warden said : 'No, leave them to me, and I will deal with them.' Shortly aftervvards he came hack with the police. "In all the cireumstances, I suggest that a different course might have been taken, and in view of the interests of the licenee, I would ask you to deal with tlie matter as leniently as you cari. WARDEN'S DITV "If the warden had been straightforward, and pointed out to the barmen the different ones he thought wrere under 21 and shouldn't have been there, they would have been put out, and the barman would have known what to do with them in the future." Mr Harlow: It does strike me like that, too. I shouid have thought that the prime duty of auy responsible citizen, more particularly oue cliarged with welfare, shouid have said to the barman: 'This ma n is under 21; put hlm out.' Mr Waters : There were six in fact under 21. Hapeta was the only oue who obviously looked under 21. The Maori warden was in a position to know. Mr M alton : He shouid have considered it his duty to put them out immediately in the circumstances. The offence of supplying liquor to minors is always regarded as a serlous one, and nearly always calls for endorseinent of the licence. He eonyicted Klatt and flned him £8 and costs £1. Thornton was convicted and fined £6 and costs £1. "MUST HAVE KNOWN" For buying beer and selling it to Brian Kahia Hapeta, Jolin Karaitiana Raineka was flned £5 and costs £1. Hapeta was flned £1 10s and costs £1. The following, all under 21, who bouglit beer at the hotel, were flned £1 10s and costs £1 : John Burton Campbell, Mervyn Cordine, Lawrence (Sonny) Pltlroi, J oseph (Tata) Itameka, Tohe

Rameka, Maui Ilurae, who was also ordered to pay costs totalling £1 for heing found in the public bar of tlie hotel. Mr Walton said to John Rameka : If it were not for you, the licensee and iiis barman might not have been in trotible — if you hadn't supplied. liquor to that youth. You must. have known his age. Later, Rohert Garth Goghill, John David Wellington, and Henry Pate, all pleaded guilty to being found without lawfful excuse at tlie Terraces Hotel at 8.45 p.m. on July 19, and were each flned £3 and costs £1. Thornton, the barman, was fined £3 and costs £1 for being a person other than the licensee, supplying liquor to persons not entitled to it. "HONEST MISTAKE" Mr Waters said he and Constable Mills visited the hotel. Lights were on, and a ear with its engine running was standing near the bar entrance. Three men got out, knoeked on the door, and returned, five miuutes later. Tliey had four bottles of beer. Thornton adinitted that he supplied the beer, the prosecutor said. Mr Crossley, for Thornton, said it had been Thornton's day off ; he had been absent all day. Thornton and his wife went over to tlie bar to get drinks for themselves. There were 80 people at the hotel that day. "He asked the three men, he says, if they wero staying there. This wasn't a vieious breach of the law, but an honest mistake," he concluded. i .t. .t. .t. ,t. t .♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ • • • V • • .