VICARIOUSLY LIABLE

Taranaki Central Press, Volume IV, Issue 460, 18 June 1937, Page 6

VICARIOUSLY LIABLE

LICENSEE CONVICTED Police Visit During His Absence Coincident with the absence of the licensee on a business /trip Ito the Waikato the police visited the Club Hotel, Stratford, on the night of Mtay 28 and discovered eight men in an vpdtairs Toom and evidence of liquor having been served l to some of them. In the Straitford police court- yesterday morning the Magistrate, Mr. W. H. Woodward, S;M., held that the licensee, James Pennington Baltes, was vicariously liable and he was convicted and discharged on charges qf selling liquor after hours and supplying liquor to J. Cookson, a person apparently under the age of 21 years. Charged of opening his premises and exposing liquor for sale were withdrawn by the police. Wm. James Bates, son of the licensee, was fined £4 (costs 10/-) for supplying liquor after hours, and on a charge of supplying liquor to Cookson, he was convicted ‘and ordered to pay costs, 10/-. His client was prepared to plead guilty to all the charges except to supplying liquor «to Cookson, said Mr S. Macalisiter. looked to be of mature age land counsel felt boundr to defend that charge.

Sergeant C. M. Annis said that at 850 p.m. on May 28, in company ■with Constable Beale, he visited the Club Hdtel. On going upstairs they found eight men in a room with the son of the licensee. Six had been provided with liquor. In a cupboard in the room all classes of liquor werp stocked. Ut. was open and the liquor could be plainly seen. On enquiring for the licensee, Wm. Bates said hi,s father was aw*ay and he way in charge. The sergeant asked Cookson his age and he said he wlas 19. “From the look of this.- ypung man I am afraid I must hold against you Mr. Macalister,” said Mr. Woodward, after asking Cookson to come forward.

Counsel then altered 'his plea, to one of guilty. His client, he said, was unfortunate in that among the men who came into the hotel one was under age. Cookson wore glasses and in the evening light he appeared to be of age. The licensee was absent and it was unfortunate that he had to be held responsible for his son’s actions. He asked that the circumstances be taken into account when fixing the penalty. The magistrate said (that in cases where there was a vicarious liability, where the licensee had a clean theet and where there was no evidence of connivance on the part of the licensee, he was in the habit of taking the view ithat although there was that liability a penalty was not wtarranited on the first occasion. He warned the licensee that if his son broke the law again he would be compelled to believe that it w»a& done with the knowledge and approval of the licensee.

In proceeding Ho -fix the penalty on the charges against Wm. Bates, Mr. Woodward said that eight men werp on the premises /considerably after closing time and the selling certainly had a wholesale appearance. Found on Premises. " C. R. Latham, Gordon Lindsay, D. L. Murray, and lan Rutledge, who pleaded builty by letter to being found on the premises were each fined £\2 (costs 10s). John Cookson, who pleaded guilty, wtas fined £1 (costs 12s). L. B. Davis, who pleaded guilty bi»t seated that he had gone to .the hdtel to see about supplying coal, was fined £1 (costs 10/-). After hearing the sworn statement of A. Rickleben the magistrate advised him to alter his plea to one of not guilty and dismissed (the charge. Rickleben said he Dad gone to the hcltiel to see about some papering work and had not had a {drink when the police arrived. A charge against T. T. Waite was also dismissed afiter defendant had explained that he had gone to the hotel Ito see a lodger. He did not have a drink.