HOTELKEEPER FINED.

Taranaki Daily News, 8 October 1921, Page 7

HOTELKEEPER FINED.

AFTER-HOUR TRADING. THE OKATO CASE. MEN IN HOTEL CONVICTED. Judgment was delivered by Mr. A. M. Mowlem, S.M., at the New Plymouth Magistrate's Coijrt yesterday in connection with the informations laid against the licensee of the Okato Hotel, .Joseph Mills, alleging after-hour trading, and on the charges against five men of being unlawfully on the premises. These <lefendants wore William I.awn, Malachi Lawn, Joseph Lawn, Rua Poutonia and Harold Roberts. The case arose out of a surprise visit paid by the police on the night of August 30, and the hearing took place last week, when judgment was reserved. The Judgment stated: The defence alleges that William Lawn, Joseph Lawn, and Malachi Lawri were really lodgers living or staying in the licensed premises at the time named, and that Rua Poutonia and Roberts were the bona fide guests of Joseph Lawn and of William Lawn respectively. The real question raised is, were Joseph Lawn, William Lawn, and Malachi Lawn really lodgers living or staying in the licensed premises known as (he Okato Hotel at the time of the visit by the police officers on the evening of August 30? THE FACTS REVIEWED. His Worship reviews the facts that the men had attended an auction sale at Okato. William Lawn lived about six miles distant from the hotel, and drove to t’he sale in mis spring cart. Joseph Lawn arrived at the sale in a manner unexplained, but he lived at his farm only three miles distant. Malachi Lawn lived at Leith Road, in close proximity to the hotel, and he arrived at the sale, having driven his own horse and trap. The sale presumably closed at 5 p.m., or shortly after that’ hour, and presuming that each of the three men had waited until the conclusion of the sale they could have left for their respective homes about 5.30, or shortly afterwards. At 9 p.m. the three men, together with the Maori Poutonia and Roberts, were found by the police in the bar of the hotel, the licensee being present, and each of the five men had already been supplied with one drink. According to the evidence of Senior Sergeant McCrorie, he asked each of the three Lawns whilst in the bar, and in the presence of the licensee, what excuse they had for being on licensed premises. He got no reply from anyone, not even from the licensee, except that a man named McLaughlin said he was employed by the licensee, and lived on the premises. The senior sergeant told the licensee that the men had no right on the premises, and informed 'him that he had better turn them out. The senior sergent then went to a sitting-room, where another five men had been left in charge of Constable Parkinson, and satisfied himself that these men were rightfully in the hotel. On coming out of the sitting-room the senior sergeant again met the men from the har in the passage, and he, asked the licensee, who was present, why the men had not left. William Lawn said that he was a boarder, and subsequently Joseph and Malachi La\vn made the same claim. - A LODGER. Enquiring into the grounds on z which the men rested their claims, judgment stated that it had been laid down in a recent case that to satisfy the Act it must be shown that the person claiming that protection was really a lodger living in the hotel at the time of sale, and the learned judge in that case proceeded: “If 1 engage a room in advance at an hotel I do not by that act alone become a lodger living or staying there. The engagement means that I will come to live or stay there from the time appointed. When I come there for .that purpose, or send my luggage there, or by conduct indicate that I have taken up my quarters there, then my status as a lodger may be said to begin, but in my opinion it does not begin earlier.” After reviewing the circumstances concerning the Lawns, His Worship concludes: “And I cannot find anything whatever in the conduct of any of then! which even indicates, let alone proves, that any one of them had taken up his residence in the hotel as a lodger. The burden of proving that any person is fl. lodger is upon the person alleging that fact. In my opinion that burden of proof has not been discharged. On the evidence I find myself unable to hold that any of these three men were lodgers at the time of the visit of the police. They will each be convicted. In view of this decision His Worship said it followed that neither Rua Poutonia nor Roberts were the guests of the Lawns, and they would also be convicted. THE LICENSEE’S EVIDENCE. As to the charges against the licensee himself (the judgment continues): It appears to me that he is most indifferent as to the liabilities imposed upon him under the Licensing Act. He says he did not know any of the Lawns were boarders until they asked him for a drink about 9 o’clock that night; that because one of the Lawns asked him for a drink he enquired from his wife if they were boarders, and was told they were. Then he took tnem in to the bar and served them with two rounds of liquor, and says he thought he was justified in doing so. He made no enquiry from the men themselves either as to whether the Lawns or any or either of them were boarders or as to whether Rua Poutonia or Roberts were the gueste of the Lawns. . . The evidence given by the licensee has no appealing power at all. I have no hesitation in accepting fhe evidence given in support of the charges by the officers of the police. The licensee must be convicted.

On the information for allowing liquor to be consumed at a time when the premises were required to be closed, defendant was fined £5 and costs of court, and for exposing liquor for sale a penalty of £2 and costs. The third information of keeping open for sale was dismissed. Under section 247 of the Linensing Act, Hiis Worship declared that no record of the convictions would be endorsed on the license. Each of the five men were convicted and fined £1 and costs. REXONA SOAP GIVES NATURAL BEAUTY TO SKIN and Hair—Rexona, the aristocrat of Soaps, makes your hair soft, silky, and luxuriant. Unequalled for toilet, nursery and bath. Try Rexona jsaajQ £as> jia>u-aAix. Obtainable everywhere*