SUNDAY TRADING.

Taranaki Daily News, Volume LIV, Issue 101, 19 October 1911, Page 4

SUNDAY TRADING.

A HOTELKEEPER FIXED. In the Magistrate's Court yesterday morning, before Mr. A. Crooke, S.M., Stanislas John Whiteford, licensee of the i'reakwater Hotel, Moturoa, was changed with selling liquor at a time when his premises were required by the Licensing Act to be closed, viz., on Sunday, October 8, and also With having kept his promises open for the sale of liquor on the date in question. Defendant pleaded guilty to the first charge. Senior-Ser-geant Dart, who prosecuted, then obtained leave to withdraw the second information. Mr. Grey, who appeared for defendant, said that the charge was laid under section 100 of the Licensing Act, HKIB, which provided a maximum line of ,ClO. In this, as in all other similar onVnees, the Magistrate had the power of endorsing the license. But he asked His Worship to extend his clemency to defendant, on this occasion. It was Whiteford s first olfence. His Worship: I never endorse on lh<v first offence, unless it is a very glaring case. Mr. Grey also stated that defendant was a young man of good character, and a good publican. The breach of the law on this occasion was due rather to complaisance or weakness than to a desire for gain. It was not likely that to sell a sixpenny drink a man would knowingly imperil- property worth probr ably a couple of thousand pounds. Whiteford fully appreciated the position he was now in, and certainly there would be no repetition of this offence or any other offence against the Licensing Act.

Sergeant Dart said he visited the hotel about noon on October 8. In a room at the back of the house, with a, slice opening on to the bar, he found three persons, named Skipper, Bellringer and Harknett. Two of' thorn had beer and lemoniUle, and they sin ted that this had not been sold to them, but given to them. But as they were only ordinary customers, and not personal friends of the licensee, he did not think this statement would stand, There was undoubted evidence of a sale to tho third -man, and the licensee admitted the sale. Sergeant Dart pointed out that the offence was committed by the licensee himself, and not by a servant without his knowledge. But he was glad to endorse what counsel had said about defendant's character and bis previous conduct of the hotel. He would have asked his Worship, if Mr. Grey had not done so, not to endorse the liiense. Credit was also due to defendant for having pleaded guilty. This was quite, an uncommon plea in licensing cases, where pleas of "not,guilty" often led to very unfortunate discrepancies in the statements made. In this case such objectionable features had been eliminated by the defendant's plea. In reply to His Worship, Sergeant Dart said that defendant had had the hotel for only about seven months, and it was his first license.

His Worship said that, taking into consideration what the Sergeant had said, the fact that defendant had been a publican for only seven months, and the plea of guilty, he would inflict a fine of £3 and costs (7s). William Harknett and Eric Norman Bellringor both pleaded guilty to having been on the premises when the latter should have been closed. Sergeant Dart said the maximum penalty for this offence was not high, and he thought persons who induced publicans to break the law should be. dealt with as severely as possible. Tn reply to His Worship, the Sergeant said that neither defendant had previously been convicted of this particular kind of offence. Each was fined IDs and costs (7s). The case against Edward Skipper was not heard, as defendant had kept out of sight and had not been served with the summons yet. The summons was therefore enlarged.