LICENSING LAWS.

Taranaki Daily News, 13 June 1919, Page 3

LICENSING LAWS.

ALLEGED BREACHES IN IfEW PLYMOUTH. In the Magistrate's Court yesterday, before Mr. J. W. Poynton, £j.M., proceedings were taken by the police against William George Emeny, licensee of the Royal Hotel, New Plymouth, for having his bar open, exposing liquor for sale, at a time during which the premises were required by law to be closed—namely between the hours of 12 noon and 0 p.m. on April 10, being the day on which the special licensing poll was taken. In connection, Mr. P, B. Fitzheroert and Mr. George. H. Knight were charged with being found on licensed premises during hours when they were required to be closed.

Sub-Inspector Hutton conducted the prosecution and Mr. A. H. Johnstone represented the defendants, all of whom pleaded not guilty. Sub-Inspector Hutton gave evidence to the effect that, in consequence of a report made to him, he went, in company with Constable Nolan, to the Royal Hotel a little after four o'clock in the afternoon of the day in question. They entered by a door on Brougham Street. He_ tried the door of the "snuggery," which was locked. He had looked into the bar and everything appeared clear. Almost at the same moment he heard the clink of glasses Or of coin, and, on going into the back passage, he found Fitzherbert and Knight in a recess. Be also saw that the slide opening into the bar was up and Mr. Emeny was inside, leaning on the slide shelf, and the liquors in the bar were exposed. He 1 asked Fitzherbert what he was doing there, and he replied that he had come to see Mr. Emeny on business. He heard Knight say something, and thought also the word business was mentioned. There was a splash of liquor on the slide shelf, which witness smelt and tasted, and satisfied himself that it was beer. He asked Emeny why he had got the bar open, and was told he had some business to do with Mr. Fitzherbert. When told that his premises should be closed, Emeny replied that he would do his business when he liked On looking into the bar, witness could Bee all the liquors, and on the counter there was a long glass of beer, freshly drawn, with about half an inch of froth on it. Questioned as to that, Emeny made no reply, and the sub-inspector said it looked as though there had been trading, and ordered witness to close his premises. Mrs. Emeny then came into the bar and emptied the glass of beer into the sink, and witness drew Emeny's attention to that. Emeny then opened the door and pulled Fitzherbert into the parlor and went inside. A diagram showing the relative positions was put in. In reply to Mr. Johnstone, Sub-In-(spector Hutton said the only way into the parlor, except for an outside entrance, was through the bar. People in that parlor had been the subject of matters brought before the court previously. Constable Nolan said he was on street duty on the afternoon in question. He saw & man walking up and down the street in front of the Royal Hotel in Brougham Street, and he disappeared 1 inside several times. When witness" (went to the station at about four o'clock he reported what he had seen , to the ; sub-inspector, and, with him, went to the hotel and saw what had been related by the previous witness. Mr. Johnstone raised the point that ! the sections of the Act under which the informations were laid did not prohibit from keeping open, but only from sellj ing, and in consequence, therefore, there had been no offence. The facts were that , the premises had been closed at noon on [ the day in question and the licensee had been away from the place for a good part iof the afternoon. When he returned he went into the parlor, Fitzherbert, who •had been assisting the licensed victuallers in connection with the poll, had gone ■to the hotel to see Mr. Emeny in regard to getting people to . the polling booths. While he was there Knight came in to ask for some change. He was a carrier and had some men working for him, one of whom he wished to pay off, and, as he had not the right money, he went to the hotel to get change. That would account for the sound heard by the subinspector, as Mr. Emeny gave Knight some change. The whole business occupied only a few minutes. The police asked for no explanation as to why Fitzherbert and Knight were there or they could have been given it at the time.

Sub-Inspector Hutton stated, in regard to the point raised by Mr. Johnstone, that there could be no point in the Act •f, while forbidding sale, it allowed premlses to remain open, and submitted that the forbidding of sale also necessitated the closing of the premises. William George Emeny said that on the afternoon of April 10 he was away from the hotel with the keys of the bar m his pocket. He returned about 4 p.m. and went into the small parlor to his wife. White there he heard a -knock w, L 011 °P eDil 'f? 'Vlie saw Mr. Fitzherbert. Knight also came in at the same moment, an?.-' after some conversation, he gave Ktfght changl for Hie inspector p.'ppearcd on the scene and accused wit/ness of having his liquor exposed for a ] ei an( j demanded ttiat the place bey immediately closed. Witness said lie ,*vas doing business with Mr. Fitzherbert!. When the inspector insisted on tfR. dosing of the place he took Mr. Fytzherbert into his parlor and closed the a] a ce. t w > « I>!!ctor nuttcm: He denied at ™s.f Emeny had come into the har and emptied a glass of beer into the sink while the inspector was there. Ho denied hearing the inspector remark anything rabout Mrs. Emeny emptying glasseijS. He did not place a guard to watch; the approach to his house on the afternoon in question. He had no knowledge, that anyone was watching tne places for him. Psltric-k B. Fitzherbert, solicitor, said he went to the Royal Hotel on the afternoojh of April 10 several times." The only persons he saw in the street were Mr W<x}ldrid£e and a lady he knew by sight. His last visit was some time after four o'clock. He went to the slide arid knocked 4nd Mr. Emeny replied: "Oh, go to blazes, I'm not going to give any drinks." In lact, I think he used much stronger language than that," said witness. When Mr. ftmeny heard who was at the slide he opened it. Just then Knight came in aiid asked for some change, and at the pame moment the inspector and conf! appeared in the passage, Hearing rsation, Mrs. Emeny came into the ind was wiping some glasses, apparalso listening to what was going Witness detailed the tasting of the beer by the police, but said it was rk in the bar that he doubted very much if a glass on the counter could have been seen. Witness never spoke to the police, but stood back, and rather enjoyed the fun. When they were leav-. | ing the inspector said something to the i&g that they sauld hear store

it, and that witnesses' excuses would be ieard in another place. To the sub-inspector: He was quite tsure it was not possible to have seen what was in the bar without taking "a very strong look." He denied that the police put any questions to him whatever. Constable Nolan, recalled, said the only thing he heard between the subinspector and Fitzherbert was that the former told Fitzherbert his excuses would be heard in another place. George H. Knight gave evidence in accordance with counsel's statement as to his being on the premises. In reply to the sub-inspector, he denied having had any drink in the hotel. He heard no conversation between the subinspector and Fitzherbert, and the only question put to him was as to his name, which he gave when asked. He was not asked to explain 'his presence on the premises. The magistrate reserved his decision.