SUNDAY FOOTBALL.

Auckland Star, Volume LXIV, Issue 266, 10 November 1933, Page 3

SUNDAY FOOTBALL.

TWO HOTEL TEAMS.

GALLONS OF BEER ON JAP.

sequel in s»o:lice cottrt.

"The keg was tapped as soon as we arrived at the ground, we had a drink or two and then took the field," said one of the players in a football match played between teams representing the Royal George and Carlton Club Hotels, Newmarket, at Swanson on Sunday, August 27.

The presence on the football ground that day of 25 gallons of beer caused the police to inquire, with the result that several men appeared on summons in the Police Court this morning. George Carter, a carrier, was charged with taking liquor into a no-license district; Richard Fogarty with failing to supply particulars of liquor to be sent into a no-license district; Ernest C. Foote, licensee of the Carlton Club Hotel, with supplying liquor to a person not in posseesion of an authority to take liquor into a no-license district, and failing to supply particulars; A. J. Conway, barman at the same hotel, with sending liquor into a nolicense district; and H. N. Whisker, motor driver, with taking liquor into the Swanson district.

In all cases pleae of not guilty were entered. Mr. Barraclough appeared for Carter and Fogarty and Mr. L. J. Stevens for the other defendants.

Magistrate's Question. Detective-Sergeant O'Sullivan said the facts were that on Sunday, August 27, teams from the Royal George and Carlton Club Hotels, Newmarket, played a challenge football match at Swanson. Fogarty obtained a donation of 10 gallons of beer from New Zealand Breweries, Ltd., for the Royal George team. The beer was taken possession from the hotel by Fogarty on Saturday, and the same afternoon was deposited in a nearby tobacconist's shop. On the following day it was placed on a bus which carried the team and was taken to Swanson, where it was consumed." Mr. F. K. Hunt: What harm have they done by doing that? If I take a bottle of beer with me into a no-Kcenee district, am Ito be charged? Why can't they take beer out to a football match? (Laughter.) "But they had. a greater quantity than two gallons, and did not first notify the clerk of the Licensing Committee," eaid Mr. O'Sullivan. Mr. Hunt: But there were many men to drink the beer. Evidence was then given in support of the police statement. Charges Dismlssefl. Mr. Barraclough said a technical offence would have been committed if the beer had been purchased, but in this case it had been donated. The Act placed an obligation on a person taking liquor into a no-license area to get an order signed by the purchaser, but there was no purchaser for this beer. If beer had been bought and the person taking it into a no-license district knew where it was going, it would be an offence. Carter was merely the man who drove the footballers in a bus to the football ground, and he did not see the beer being placed on board. He did not knowit was;in his bus until arrival at the Swanson ground. Fogarty was not a member of tha party. Counsel submitted that the charges should be dismissed.

The charges againet both Fogarty and Carter were dismissed.

Mr. L. J. Stevens said the circumstances of the cases againet his clients were in no way different, except that Mr. Foote, the licensee, donated five gallons of beer, the team purchasing the other ten gallons taken. The liquor was taken to Conway's residence on the Saturday afternoon, and was not removed from licensed premises on the Sunday. Foote did not know where the match was to be played when he donated the beer. The extra 10 gallons was not bought from him, but from the brewery through him.

Evidence to this effect was given by Conway, who was a witnees for the prosecution.

The charges against Foote and Conway were also dismissed, but Whisker was_ convicted and discharged, the magistrate remarking that there was a difference in his case, as he knew that liquor was on his bus.