DEFECT IN LAW

Auckland Star, Volume LXXIV, Issue 37, 13 February 1943, Page 6

DEFECT IN LAW

THE LICENSING ACT

POSITION OP WINE SHOPS

In convicting two men, one for selling liquor without a license, and the other for being privy to the sale, Mr. J. H. Luxford, S.M., in the Police Court yesterday afternoon commented on what he called a grave defect in the Licensing Act concerning wine shops. Laurence Gorden Sanders, an electrician, denied selling liquor without a license, while Richard Albert Dalley, charged that, being the occupier of premises where liquor was unlawfully' sold, he was privy to the sale of liquor. Dalley also pleaded not guilty. Senior Sergeant Harley prosecuted arid Mr. F. W. Schramm represented both defendants. After hearing the evidence of both defendants the magistrate said he had no doubts in convicting them. "This case shows a grave defect in the Licensing Act," he said. "It was not so when the bill was enacted, but' at the present time it has become a f very grave effect. Such shops as these are exempted from the prohibitions of the Licensing Act if they sell New Zealand wines in amounts of not less than two gallons at a time. The opening left by this defect in the law should be closed for at least the duration of the war. It would only be right to put all sellers of liquor on the same 1 footing. It is logical, too, that if the makers of New Zealand wines have -to be licensed, the sellers should also be under license." Sanders was fined £5, but Dalley, who had some previous convictions, was sentenced to one month's imprisonment.