WINE-SELLING CASE.

Auckland Star, Volume LXIV, Issue 31, 7 February 1933, Page 11

WINE-SELLING CASE.

TWO WHANG AREI MEN FINED.

LICENSE NOT CANCELLED.

(By Telegraph.—Own Correspondent.) t WHANGAREI, Monday. The wine-selling case in the Whangarei Police Court was finished to-day, when Mir. G. N. Morris, S.M., convicted and fined both Paul and Mate Kokich. The charge against Paul Kokich -wa3 that, being the holder of a wine-maker's license, on November 11, 1932, at Whangarei, he sold wine in quantities of less than two gallons to one person at one time. Mate Kokich was charged with aiding and abetting in the commission of the offence. In giving judgment, Mr. Morris said the general position seemed to be that, with, licensed premises, provided there was no dispute as to agency, the licensee must be responsible for the acts_ of his servants, and that held even if the licensee were absent at the . time of the action,. There was still seme doubt in his mind, but he-felt it his duty to convict, as he considered the section made a wine-maker responsible for the conduct of his premises, and if he employed an agent he was liable for any default on the part of the agent. "In this case," he added, "the police speak very highly of Paul Kokich, and he has been the holder of a license for many years. I will convict him and order him to pay costs, 10/." _ In regard to Mate Kokich, Mr. Morris said: •"I recognise that the constable exerted a _ good deal of pressure on Kokich, and he did not succumb to selling the wine for some time. There was a lengthy argument 'before he sold it. I will take that into consideration, but I must fix a substantial penalty. Kokich is charged with aiding and abetting. I will fine him £10 and coste." Mr. Morris said that the police had made no objection to a renewal of Paul Kokich's license, but he felt that, if there was any more trouble, there was a possibility of his license being cancelled.