AUCTIONEERS AND THE LICENSING ACT.

Tuapeka Times, Volume VII, Issue 369, 1 July 1874, Page 3

AUCTIONEERS AND THE LICENSING ACT.

(From the West Coast Times, June 6. ) At the Resident Magistrate's Court, on. Friday, before G. G. Fitzgerald, R. M., Messrs Pollock and Bevan, auctioneers, were charged with having sold spirits, to wit, one quarter-cask of brandy, on the 23rd of May last, without having a wholesale wine and spirit license. The case was an unusual one. Mr Button, on behalf of the defendants, pleaded guilty to having sold th^ quantity of brandy on the date named, but contended that the sale was not a wilful infringement of the Act, as the regular custom of auctioneers selling spirituous liquors on behalf of the owners was recognised in everyday trading, andjwas likewise provided for m the 17th Section of "The- Westland Public dou*e Ordinance, I8b"7," which reads as follows :—": — " Any p-rson exercising the trade or calling of an auctioneer, may sell, as agent for the owners, any spirituous liquors, wine, ale, beer, or porter — anything in this Ordinance to the contrary notwithstanding ; but any such auctioneer who shall sell or shall keep or expose for sale, any such liquor on his own account, shall be liable to the penalties mentioned in section 2 of this Ordinance." In the present case, the defendants might be Said to be partly owners and partly agents. The stock sold was portion of a consignment which had been drawn against in the ordinary mercantile way. The consignment had been offered by auction, part of it had been publicly sold, and the balance was open for sale at the reserve price. Commissioner James pointed out that the goods were not absolutely sold by auction ; that Mr Hansen the purchaser went and direu^ly ordered the quarter-cask from the defendants. M> Button was free to admit that it was not an absolute public sale, but only such an infringement of- the Act, if infringement at all, asj should- cause the Bench to inflict the smallest penalty. '' he defendants were in possession of an auctioneer's ' license at L 25, and he considered' that it was never intended that auctioneers should be compelled to take a LlO wholesale license in addition. The Magistrate stated that there had been great doubt as to the proper construction of the Acton tbe pomt at issue. It had been held, though he would not go the length of saying it was correct, that the sale must be while acting in the capacity of auctioneer and not as a wholesale vendor. The new Act was more strinr gent, but he hoped there would be some attention drawn to the matter during the next session of the Assembly, a3 at present there would appear to be some difficulty in deciding the peint ' The charge was admitted, andhe would inflict a fine of 40s, and costs, 14s.