LICENSING LAW.

Taranaki Daily News, 6 August 1920, Page 8

LICENSING LAW.

PROSECUTION. OF HOTELKEEPER. CASES DISMISSED. Charges of breaches of the licensing regulations in respect of the Red House Hotel, New Plymouth, were heard at the Magistrate's Court yesterday, Mr. T. A. B. Bailey, S.M., presiding. The licensee, E. Whittle, for whom Mr. R. H. Quilliam appeared, was charged with selling liquor at a time when the premises were required by to be closed, namely, Sunday, 25th July; also with exposing liquor for sale on the same date. George Fitzgerald, a barman, was called upon to answer a charge of serving liquor after hours to Edward McCoy, who was charged with being unlawfully on the premises. Sergeant McCrorie said that on Sunday, 25th June, at 10.30, he went into the hotel by the main entrance. Going down the passage he saw the barman, Fitzgerald, in the bar, and on the opposite side of the room he could see two men looking through a slide. On going round to the tap room he found one of the men, Duffy, was a boarder. McCoy also said he was a boarder, and in reply to further questions he said he occupied room 13. Eventually Duffy said McCoy was not a boarder, but he picked him up in the street to have a drink. McCoy had a glass of beer, and there was a glass which had contained rum. Duffy Baid that had h/fen his drink. Fitzgerald said he thought he was entitled to serve boarders. Witness met the licensee, Whittle, who said he had been stocktaking with the barman, and had just left the bar for a few minutes. He also said he had repeatedly instructed the barman not to serve anyone but boarders. To Mr. Quilliam; The entrance by which witness got into the bar was closed, and also the door of the taproom. Whittle bore a good reputation t as a licensee. Edward Whittle said he had held two licenses in 25 years, and had never been [questioned by a licensing committee, or l]jad he been before the Court. Witness saH he had made it a custom to take stock oil a Sunday every fortnight, and in this he was usually assisted by the cellarman (Fox). He produced the rough stock book for the year, also the holiday book, which was required .to be signed by every employee, •showing that Fitzgerald really had a holiday on the Sunday in question. He came down, however, to relieve Fox, in accordance with an arrangement between the two. The stocktaking proceeded, and witness left for a few minutes to note some stock in Mother part of the building, and ft was white he was away that Duffy and McCoy w&e served. To Serjeant McCrorie: The first time he saw' McCoy was in the passage with Fitzgerald and the police. Other evidence was also given by David Duffy and Edward McCoy. Duffy said McCoy met him by arrangement to "discuss matters regarding the funeral of witness' brother-in-law. His Worship said he had no hesitation in dismissing the information against the lieensee; he was satisfied that Fitzgerald had no authority to sell. With Tegard to the other cases it was lawful for a boarder to treat another man, although it was not clear that a boarder could bring in a man from the street. In ithis instance the defendant's explanation Would be accepted, though it woilld have been his own fault if the case nVI gone against, him, in view of the firs £ statement he made to the police.