LICENSING CASES.

Taranaki Daily News, 5 March 1920, Page 2

LICENSING CASES.

| . —* :CAN HOTELKEEPERS' ENTERTAIN FRIENDS? NEW PLYMOUTH CASES In the New Plymouth Magistrate's Court yesterday, before Mr. T. A. B. Bailey, S.M-, Win. George Emeny; licensee of the Royal Hotel, was charged with exposing liquor after hours—to wit, 10 p.m. on Saturday, February 7. In connection with this case V7m. Fitzgerald, Fred. Foi>, and Ebenezer Wpoldridge were charged with being unlawfully on licensed premises at a time when the premises were required by law to be closed. Sub-Inspector Hutton represented the police, and defendants, alj, of whom pleaded not guilty, were represented by Mr. A. A. Bennett. It was agreed to hear all the informations together. Senior-Sergeant McCrorie deposed that on the date in question he Went in company with Constable Parkinson to the Royal Hotel at 10 o'clock at nigh!t. He, heard someone talking in the bar, but both- doors into the bar were locked and he got no response to his knocks. He went.outside to the yard, and as he was coming back Enemy came out of the bar. .Witness told him he wanted, to" get into the bar and was taken a- roundabout, way into the room. While in there ho, saw a man looking round the door of the tap-room and on looking in; he found three men there and was told they were boarders. The men themselves said they were invited there by .Mr. Emeny, Emeny then said he had invited the men in. They were discussing the Egmont races and said they were waiting for a message from Havvera. The bar was lit up and all the liquor exposed. -The tap room in which the men were was in darkness. NO EVIDENCE OF DRINKING. To Mr. Bennett: He knocked loudly at both doors to the bar. When ho got in ho found no evidence of drinking having taken place- All the slides and ddors to the bar were shut, excepting one leading to the private sitting room. Emeny invited witness to remain and hear the message about the races to test | whether what lie said was right. Re-examined by Sub-Inspector Hutton, Witness said that, from the tap room the whole of the contents of the bar could he seenThe.Magistrate remarked that if the licensee of a hotel took men into his bar which was lighted up it seemed to Mm that liquor would be exposed for sale, to Which Mr. Bennett said he would submit authorities to show that no offence had been committed. Constable Parkinson gave corroborative evidence. Wm. George Emeny, licensee of the Royal Hotel, said Wooldridge had arranged to stay in his house that night i and Fitzgerald had come down with his ' wife earlier in the evening and left her there, saying he would come back later. Between 9 and 9.30 witness was at his front door talking to Mr. Wooldridge, and Fitzgerald came back and Fox was with him. He invited them all in, taking them right round through the back yard and into the private sitting room. In there Mrs. Emeny and Mrs. Fitzgerald and Mr. Hawken ware sitting, and Mr. O'Donnell, trainer for Mr. Stead, was speaking at the telephone. As he thought it was some private conversation that was coming over the 'phone from Hawcra he took the three men right through the bar into the tap room. While in there ho heard someI one knock at the door, but he took no notice of knocks unless the police declared themselves. If they had done that on this occasion witness would have opened the door immediately. He was surprised to find the police officers in the passage as he came out to shut his front door. He took them into the bar through the sitting room, the same way that he had come out.

SUPPER AND DRINKS. To Sub-tnspeotot Button: There was no other convenient room to which he could have taken the men at the time. When he said they were boarders he referred to them as his guests. Wooldridge hod hooked a room and stayed in the house that night. The whole party had supper and drinks in his private sitting room after the police left. Evidence was given by each of the men concerned. Wooldridge deposed to booking a room in the afternoon and staying at the hotel that night, as he had to leave by motor very early the nest morning. Fox and Fitzgerald each deposed to being invited into the place by Mr, Eraeny, and said no drink had been served or asked for prior to the visit. of the police. The Magistrate said there seemed something peculiar in the construction

• of the house, which made it impossible • ' to get to the proprietor's private sit- ' ting room without either going through the bar or the back yard, and he ex-' pressed a desire to inspect the place ) Decision was therefore reserved. BREAKWATER HOTEL CASESPour men named John F. Eva, John Herbert Kain, Allan Campbell, and James A. Hawden, were charged with being found on licensed premises at a time when the premises were required by law to be closed —namely the Breakwater Hotel,, on|j3unday, February B.v deposed' to visiting the liotel on the date named, in ' company wittfConstable Small, at about ' 4.35 p.m. police entered, the pite- , 1 mises Ave men rushed out. Thtty' : were ,; all jockeys who were < hotels, and made no excuse ..for, bei.ng i on the premises. They said the/"w&t 1 into the hotjeito get'a, drink, but had ! not been served.-- ■ - •'• ; Constable Small corroborated the evid- ) ence of the Senior-Sergeant. , i Each aceused was fined £2 witii-'cosis ! '7a. i