NOT A COMMON OFFENCE

Wairarapa Times-Age, 25 August 1938, Page 9

NOT A COMMON OFFENCE

« DRINKING IN RESTAURANT. CASE IN CARTERTON COURT. (“Times-Age” Special). “This is the first case of its kind in the district for over three years, so that the offence is not a common one,” remarked Mr H. P. Lawry, S.M., in the Magistrate’s Court yesterday when convicting'and fining Frank Hampton Housiaux £3 and 10s costs for allowing liquor to be consumed in his restaurant at a time when licensed premises were required to be closed. Senior-Sergeant G. A. Doggett stated that when Constable Watson visited the restaurant about 1.30 a.m. he found several men"' there and also evidence of drinking. Defendant had been warned previously and knew what to expect.

Mr C. C. Marsack, who appeared for defendant, said Housiaux did not know the men had liquor with them when he let them in. It was not until he had cooked the meals that he saw bottles of beer. It had not been a deliberate attempt to flout the law. Mr Lawry convicted and fined defendant as stated above. “A QUIET SPOT.” The five Masterton men concerned in the previous case, Douglas Grimwood, Charles Daniel Kingston, William Barton, Hector Volheim and Innis Ewen were charged with drinking liquor in the restaurant when licenced premises were required to be closed. Kingston, Barton, Volheim and Ewen pleaded guilty and were convicted and fined £1 and 10s costs, while Mr Lawry said he would give Grimwood, who pleaded not guilty, the benefit of the doubt. Constable Watson stated in evidence that about 1.30 aim. he heard voices from the restaurant, the door of which was closed. The proprietor opened the door and when he went in he found the five defendants at a table in the dining room. There a full and a half empty bottle of beer on the table and two empty bottles on the floor. “The defendants admitted,” added the witness, “that they had come for a feed and a quiet spot. Before I entered the restaurant I heard the clink of glasses on a bottle and heard someone say ‘Good health.’ ” In evidence, Grimwood denied having a drink in the restaurant. He did not know who brought the beer in. The two empty bottles were there when they went in. Senior-Sergeant Doggett: “You did not hear the proprietor say to the constable ‘Just a few friends of mine from Masterton having a quiet spot?’ ” Witness: “No.” Mr Lawry then gave his decision as stated above.