LICENSING CASE.

Auckland Star, Volume XXXIII, Issue 116, 17 May 1902, Page 5

LICENSING CASE.

At the Police Court this morning His Worship, Mr W. H. Brabant, gave his decision in the case against F. G. Kayn.es, licensee of the Ponsonby Club Hotel, who was charged with supplying liquor to Eleanor Benjamin, a person already in a state of intoxication^ and with allowing drunkenness on his licensed premises. The Hon. J. A. Tole appeared for the prosecution and Mr HugK Campbell for the defence. His Worship said the defence was a denial that Mrs Benjamin was.in a state of intoxication at all. However, after considering both sides he considered the evidence for the prosecution more trustworthy than that for the defence. It was not a case of a young constable endeavouring- to secure a conviction, and it could hardly be supposed that the constable would have interfered with a strange woman unless she was in a state of intoxication. He must conclude that she was at least intoxicated, although- perhaps to only a small degree. He did not think there was sufficient evidence to support the charge of permitting drunkenness, and the information on that charge would be dismissed, but the defendant would be convicted on the first charge. Mr then asked that Hia Worship would impose a fine of over £5 in order that he might have the right of appeal.. Mr Tole opposed tne application and said that His Worship had carefully and exhaustively tried the evidence. ' Mr Campbell said that the fine was tut a small matter in comparison with the penalty imposed by the endorsement 6f the license. If a fine of over £5 were imposed defendant could have the ease re-tried before the Supreme Court, and he submitted that it would be an injustice to the defendant not to allow tie right of appeal. Mr Tole, in reply, said that were it a question, of law he would have no objection, but that in a question of fact His Worship's well considered opinion was as good aa that of a judge of the Supreme Court. It was a wrong- practice to-refer such cases to the Supreme Court. His Worship said he would take time to consider that question, as he was not aware it had been done before in that Court.

Mr Campbell pointed out that Mr Hutchison had allowed an appeal. s

In that case, His Worship said, he would consult with Mr Hutchison before giving his decision as to whether he> could impose a fine allowing the right of appeal.

On the application of Mr Campbell, His Worship said he. would, not record the conviction on the license until his decision with regard to the amount of the fine.