THE LICENSING ACT.

Wairarapa Age, Volume XXXII, Issue 10499, 11 December 1911, Page 5

THE LICENSING ACT.

ALLEGED BREACHES.

In tHio S.M. Court at Musterton on Saturday morning, beifore Mir L. G. Iltedd, S.M., Bernard Douglas was. chargedi tlhat (1) between September lUtli and December 2nd lie kept liquor for sale within tilie No-liceaise area of Masiterton ; (2) that between Septennbea- lOtli and December 2nd, being the occupier of the Club Cafe, situate in- tine No-license district cif Mastentom, he did allow the- said premises to be used as a place of resort for the consumption of IdqiKjir. Mr C. A. PownaM appeared for accused', who pleaded not guilty. Sergeant Milter conducted the prosecution.

Samuel Brown, constable, stated that on Septem/ber 14th last, about 9.20 p.m.., he saw seven men go inito the Club Cafe, lie .-went iti/to the building, having a search warrant, in order to search for liquor. He went inito the bar, and saw eight men there. A party on four were residents of GMastteirton, and not living on the. p/remi'sies. Onie of the men was behind the bar counter,, with a flask of whiskey ami hii's hand, and was in the act'of pouring the liquor into three sanaCK glassesi on the counter. Thiisi mani said the whiskey belonged to him, and that he was shotting for hus friends. A little further along the counter was a party of four men from Gartertoix . They were drinking beer. One of the men had a bottle of beer, in his pocket, and there was also a* ibottfcle of beer an the counter which tlbd's> personi daiimed' as hi® ownt. He also stated that the party came to the Club Cafe to Subsequently • Mr Douglas came in, and stated, that he dad not know the men. were there, as) he had, been, asleep, in. another room;. Witness searched , the bar, and found no liquor. He then saw one mam .hand something to Mr Douglas, saying.at the same time, "Here'is a shilliinig, for the us© of the glasses-." Oro November 4th at 4.45 p.m., with Consftaibk Bumphy and Ferguson., witness wenrt into the bar of the Club Cafe. There were three men in the bar, eadli of whom had- »• glass an front of him uMdh smelt of whiskey. One of £he men appeared to have hadi too much "Kqnio-.,; viFjurther along the counter tiiiere were seven more mew. There' wis into appearance.'- of drink there, but the counter was- wfej»,.<aß,.if .they hlad hod .something to drink. Witness went .into a smalt room off the bar, where hie iSaiw three -empty .bottfeson a table, and' these smelt of whiskey. Air Douglas then came into the I'oom and admitted' that the glasses lilad contained 'whiskey, but stated thai he did not know who had used) them. On' November ~22nid Sergeant M- -er executed a search warrant,and found in a room n the Cafe a •■case of whiskey ltiuopemed. On- Saturday night, November 25th, at 10 o'clock, witness- went .into the Cafe witUi Sergeant Miifier. a.nd. saw An one room near the bar four mem. By Mr Pownall: Witness was aware that defendant had always kept a ■bar for-the sale of soft drinks. There was ,r.o cr.ncealmcmt. about the easier of whiv.kcy; defendant having pofnted it out to the police. Defendant had facilitated every search made by the poffios, show-in {? them through the. bra'ding and assisting them. 'Cbnr.tHbJlesi Bird, Ferguson.-' and Dumpihy, and Sergeant Miller, alteo gave, conrohorative evidence.

His 'Worship stated that there whs no: evidence of sole of lfquor, and he \\lould dismiiris the charge. JJarnard' Douglas 1 said that on occasions, wlitm peopfe, called flor sodia water, liquor was dirwik by those persons, witness- charging only for the soda, water. He did net encourage pea-sons to come there and drink, anul there was. no congregation of people there for dirinkilng purposes'. People; obtained drink elsewhere and camt ii.nito his house. He had repeatedly put out young felows who had entered/ tiro"'Cafe drunk and a good. ,deal< cf ammoyauce had been caused to Ihim by thes>e individuals. He could not stand on the footpath and contn'riuail'ly watch wliat pea-sons came into his eisltabliishment. He tlnicl not think he was breaking the law by aitJo,wing persons who paiircha'Sted> soda water at finis bar to put 'liquor into it a.Uid consume lit there. In .summing up, His Worship said that tlie (breach of the Act had been conimiitteo in ignorance. He fined accused 40s and costs.