LICENSING LAWS.

Taranaki Daily News, 23 February 1922, Page 8

LICENSING LAWS.

HOTELKEEPER’S APPEAL. SUPREME COURT ACTION. An appeal by Robert Fairweather, hotel licensee, of Waitara, against the decision of Mr. T. A. Bailfey, S.M., in a ease under the Licensing Act heard at New Plymouth in May of 1921, was argued before His Honor, Mr. Justice Chapman, in the Supreme Court. New Plymouth, yesterday. Fairweather was convicted by the Magistrate on a charge of selling 12 cases of whisky to F. Volker, a resident of a no-license area, without furnishing a statement as to quantity of liquor and the address of the person for whom it was intended. Mr. A. A. Bennett appeared for appellant and Mr. C. H. Weston for respondent. H. McCrorie, sergeant of police. The appellant’s case was that the Magistrate had misdirected himself as to the responsibility of the licensee and also that there was no evidence to show that Fairweather was aware that the liquor w r as going into a proclaimed area. Mr. "Weston contended that it v.is not necessary to prove that the defendant was aware of the destination of the liquor. It was also suggested that the court should consider the question of referring the case back to the Magistrate. In opposing the contention that the case could be referred back to the Magistrate Mr. Bennett said such a course would be only inviting the Magistrate to make a new ajudication and one that was contrary to the previous decision.

His Honor said he would take time to consider the question.