LICENSING CASES.

Auckland Star, Volume LXIV, Issue 242, 13 October 1933, Page 8

LICENSING CASES.

TWO HOTELS INVOLVED.

BARMAN WHO OBSTRUCTED.

Two licensing prosecutions were brought by the police before Mr. Wyvern Wilson, S.M., in the Police Court this morning.

Frank Brown, licensee of the Rising Sun Hotel, for whom Mr. T. Holmden appeared, was charged with failing to admit a constable while in the execution of his duty. Leslie Baildon, barman, was charged with obstructing a constable and supplying liquor to persons not entitled to be supplied.

Both pleaded not guilty. Constable Rushton said that at 7.10 p.m. on September 4 he saw the door of the hotel open. He heard the barman, who opened the door, call out, "Look out, the police." He then heard two men run back into the hotel and go upstairs. The barman refused to admit him, and witness was .obliged to put his foot between the door to prevent it closing. ! He found two men in an upstairs room. There was a glass of beer alongside one of the men. Witness later saw the licensee, who said that he was not aware the two men were in the hotel, and that he had given the barman instructions not to let anyone in the hotel after hours without permission. Sergeant Campagnolo also gave evidence, adding that Brown's hotel was always well conducted. The licensee had told him that he had dismissed the barman for not carrying out his instructions. Baildon gave evidence, and said that he did not wilfully obstruct the constable; in fact, he did not know he was a constable at the time. Baildon was lined £2 on each of the charges. '"I think the barman entirely to blame and that the licensee was not in any ■way at fault, although he has a responsibility," said Mr. Wilson, in ordering the licensee to pay costs on the one charge against him. Charges of selling liquor after hours, keeping open and exposing liquor for sale were brought against F. Garland, licensee of the Central Hotel.

Mr. Woods appeared for defendant, who admitted the three charges. Detective-Sergeant O'Sullivan said the police visited the hotel at 10.25 p.m. on September 1, and found 13 men upstairs in the house bar. The licensee said that he did not know that the men were not boarderE. The hotel was well conducted and the licensee had never been in trouble previously. He had a good reputation with the police. Mr. Woods submitted that it was a difficult matter in such a large hotel for the barman to ascertain who were boarders and who were not. The three charges all arose out of the one set of circumstances.

On the first charge defendant was fined £5, and on each of the other two charges £1 and costs.

The barman concerned, J. W. Davidson, on a charge of supplying liquor to persons not entitled to be supplied, was fined £1 and costs.