BREACHES OF LICENSING ACT

Taranaki Daily News, 1 February 1917, Page 6

BREACHES OF LICENSING ACT

FIELD DAY AT WAITARA, The ordinary sitting of the Waitara Magistrate's Court was held •yesterday afternoon, Mr. A. Crooke, S.M., presiding. It proved a busy afternoon, a large num'uer of cases being doalt with. Inclndcd among them were a number 'if breaches of tire Licensing Act. The Court was crowded with spectators. BEER OR flat" BEER? A PROHIBITION ORDER IN QUESTION. Wm. James Jones, of Waitara, was charged with procuring liquor at Waitara during the jurrency of a prohibition order. Senior-Sergeant Bowden prosecuted. Mr. F. E. Wilson appeared for defendant, and pleaded not guilty. Constable Lapouple stated that on January 21 he saw defendant at his stables put down a mug, and on examining it witness saw that it was onethird full, and contained beer. ■ Witness asked if that was beer that defendant was drinking, and defendant admitted that it was. ' To Mr. Wilson: He smelt the beer, but took no other action. He knew the smell of bop beer. There was not much difference between the smell of hop beer and beer, but he knew the difference. He did not see any bottle on that occasion, lie would swear that the liquor produced (which was taken out of a bottle of non-alcoholic ale, opened in the C'ourtl'was not similar in smell to that in the stable. To the Senior-Sergeant: He bad never seen a similar bottle in the town before. Defendant, in his evidence, stated that ho was drinking non-alcoholic ale when the nonstable appeared. He had bought the two bottles produced in Court in Waitara that day. To the Senior-Sergeant: He did not think the constable would come into Court and deliberately tell a lie. T!" did not explain to the constable r : the time that it was not beer, but a nonintoxicating drink. The Magistrate stated that to him the contents smelt like beer, and he thought that the constable had probahlv made a mistake. He should have goiio further, and kept the contents for analysis. Defendant must be given the benefit of the doubt, and the case would be dismissed. SUNDAY TRADING. THE RIGHTS OF A BOARDER. Charles George White, licensee of the Waitara Hotel, was charged that on Sunday, January 21, during the time the hotel was supposed to be closed, he did sell whisky. There was a second charge of exposing liquor for sale. Mr. J. 11. Quilliam appeared for defendant, who pleaded not guilty to the charge of "illegally" selling. SeniorSergeant Bowden appeared for the police. Constable Lapouple deposed that about 11.30' a.m. he entered the hotel, and saw in the commercial room a man name I . E. C. Smith, a lodger, and also a man named George King, who was not a lodger. "Alongside King was a glass of whisky. Kiiig said that he was Smith's guest, and Smith corroborated this. The licensee admitted having sold two drinks—a whisky and soda and a brandy and soda. Mr. Quilliam submitted that the case must be dismissed on the evidence of the constable. There was only the one point, as to whether King was a bonafide guest, and of/this there was no doubt. E. C. Smith deposed that on the previous Friday night he had returned from a holiday to the Mountain House. He met Mr. King, a personal friend, who wished to know particulars about the holiday. Witness, who suffered from 'sore feet, invited his friend into the commercial room, where he sat in an easy chair, whilst Mr. King sat on the table in front of a window, which was wide open v on to the main street. Later witness foibul the landlord, and ordered the two dHnks, which witness took from the passage. Witness and another boarder were accustomed to obtain drinks on Sunday. To the Senior-Sergeant: King told the constable tiiat he was witness' guest, but did not say that he was invited in to have a drink. The Magistrate held tjiat it was proved that* Smith had invited King into the hotel, not for tac express purpose of having a drink. If a man invited a friend to his house for any purpose, and treated him to a drink after he got there, it was no offence, but if he invited him for the purpose of having a drink it was an offence. The cases were accordingly dismissed A CHARGE SUCjCEEDa Albert E. Julian, licensee of the Masonic Hotel, was similarly charged on the same date. Senior-Sergeant Bowden prosecuted. Mr. J. Mr Quilliam (instructed by Mr. A H. Johnstone) appeared "for defendant, and admitted the facts, which were to the effect that while making up his books in the office adjoining the bar, a hoarder, accompanied by Jiwo friends, came in and ordered drinks, which they obtained. Defendant, who was new to hotelkeeping, thought that he was within his rights. He must admit that the men came in for the express purpose of obtaining drink. The bar-slide was alongside the office, the door of which closed 'with a Yale lock, which was shut, and caused some little delay in answering the constable's knock, though defendant was unaware that it was the constable. The Senior-Sergeant admitted that the facts as stated were correct. . Convicted, and fined £2 and costs 7s. A CASE DISMISSED. The case against George King for being illegally on licensed premises was withdrawn. This was in connection with the case against C. G. White. FINES INFLICTED. Walter George and William Kershaw, both of whom failed to appear, were charged with being illegally on the premises of the Masonic Hotel at Waitara on Sunday, January 21. * Constable Lapouple gave evidence, stating that both defendants intended to plead guilty, but as the freezing works were working short-handed, could not get away. (They .fere - convicted, and fined 10s each, with costs 7s. Herbert Longstaff, who did nob appear, was charged on the information of Constable Lapouple, with being on the i premises of the Waitara Hotel on No- l vember 21, during the *urrency of a- i prohibition .order. He i\«s convicted and •

J SLY GROG AT OKAU.

NEED FOR LICENSED HOUSES. James Smith, of Okau,,was charged that on November 22, at Okau, being m a no-license area, he did unlawfully keep for sale eight bottles of whisky, 3(i bottles of beer, and two bottles of . stout. He was further charged with ' selling whisky on. the Main North Road ■ at Uniti. Senior-Sergeant Bowden pro- '■ scented, and Mr. J. H. Quilliam (in- ; structed by Mr. A. 11. Johnstone) up- '■ peareel *or defendant, who pleaded i guilty to the first charge, the second, being withdrawn. Senior-Sergeant Bowden stated that as the result of complaints made, the police raided the premises under the War Regulations, and discovered the liquor ■mentioned. During two months defendant had obtained 2-fj gallons of beer and ' four of whisky. " Mr. Quilliam, in pleading for leniency, stated that defendant was a highly re- ; spectcd farmer at Uruti, who had been led into this trouble. The position in t the no-license area was that when a ? man obtained a case of liquor, his neich- '_ bours would borrow a. bottle, which would afterwards be returned, then later , perhaps cash would be exchanged for I the whisky, and finally it would lead to | sly grog-selling. Defendant was very sorry, and there was not the slightest chance that the offence would occur ,' again. i The Senior-Sergeant said that he had r been instructed to press for a heavy , penalty. The Magistrate said that it was diffi- . cult to know what to do in a case like , this. It- was a first offence, but so long , as the law there a substantial fine t must be indicted. Defendant would bo convicted, and fined £2O and costs 9s. . The Magistrate added that it- was a . great pity they did not have licensed houses in those districts, which would I be under proper supervision. Mr. Quilliam said that he was quite [ sure all those connected with the ad- , ministration of the law would agree.