SLY GROG RACKET

Auckland Star, Volume LXXIV, Issue 54, 5 March 1943, Page 4

SLY GROG RACKET

ANOMALY IN LAW

MAGISTRATE'S COMMENT

That an anomaly in the licensing law in New Zealand was being exploited to the benefit of the "slygrog racket" was the comment of Mr. J. H. Luxford, S.M., in the Police Court this morning. He emphasised his determination to inflict severe penalties in any cases of sly-grogging proved before him.

In each of three cases presented this morning he imposed a sentence of one month's imprisonment. In a fourth case, where a woman pleaded guilty to a charge of selling liquor in a nolicense district, he inflicted a fine of £40 and reproved the police for not bringing the case under a different section of the law, which would have permitted a penalty other than a fine.

Sly-grogging, declared Mr. Luxford in ' this case,' was no less an offence when it was conducted in a no-license district than when it was conducted elsewhere. N.Z. Wine Position The anomaly in the licensing law, referred to by Mr. Luxford, had bearing on a case heard to-day. In his summing up in this case the magistrate said he had drawn' attention previously to the extraordinary position that the maker of New Zealand'wine had to have a license, an J could not sell without a license, yet a person could get New Zealand wine and sell it in two gallon lots with no restriction whatever. There could not be any hardship on the legitimate dealer if he had to obtain a license. This loophole in the Licensing Act was being exploited in the present sly grog racket. Wine Shop Case Principal interest in this morning's list was in the case in which William Henry Robins (Mr. Terry) pleaded not guilty to a charge of selling liquor without a license. Robins is the proprietor and occupier of a wine shop at 496, Queen Street, and the case .concerned an occurrence on January 28, when a policewoman, in company with the police matron, purchased from an assistant there one bottle of New Zealand-made port wine. Robins was not present at the time, and the girl, Gladys Marion Evans, in a statement, declared that she had definite instructions not to sell the wine in less than two-gallon quantities.

Police evidence dealt with the purchase of the wine, an interview afterwards with Gladys Evans, and a search of the premises. In addition to 66 quarts of port, 12 bottles of muscatel sherry, and six bottles of unlabelled wine, several cases of gin and whisky were found on the premises—in all, 33 bottles of whisky and 36 bottles of gin. In a" cabinet in the shop, two dozen caps off whisky bottles were found.

This case differed from the ordinary case of selling liquor without a license, declared Mr. Terry, in that Robins was charged because an employee had disobeyed his instructions, and sold less than two gallons of wine. Robins had been carrying on a perfectly legitimate business, selling New Zealand wine in two gallon lots as he was 'permitted to do by law. If the police had wished to take a case they should have made an effort to involve Robins personally in such a sale. Robins gave evidence on similar lines, declaring emphatically he had never sold one bottle of liquor in his life, and that he had informed his assistants that they were not to sell wine in less than two gallon lots. Friends Owners of Spirits Questioned at length concerning the spirits found on the premises Robins named two American naval petty officers as the owners of it. They were friends of his and had asked .his permission to leave it there. It had been in the shop only since the night previous to the police visit. He had been in business since December, bought his wine locally and bottled and labelled it himself. Since December He had sold 2000 gallons.

He denied any knowledge as to where the whisky and gin came from. He knew tney were labelled as having come from Gisborne. He denied ail association with a business in 16a Customs Street, or that he had had any association with the shifting of some liquor from there to an address in Fort Street. He admitted that he had had an interest with a man named Dally in a shop at 6, Wakefield Street. Dally had taken the place over from him.

"Where is the owner now," asked Sub-Inspector Joyce.

"I'd say he's in gaol," said Robins. Witness denied that a man named Thompson had advanced him the money to set up in business. His business with him concerned a loan. Thompson had put in £400 worth of wine which witness had sold.

Witness said that he was "flying in the Air Force" ( in June. He was not interested in the whisky or gin, and di.d not intend to lay claim to it on behalf of the two Americans. Interview With Americans A solicitor, H. L. M. Buisson, gave details of an interview with the Americans in which he had advised them to go to the police and claim their property. Questioned, he said that he had heard that the police had interviewed the two naval men in the presence of their commander, and that they had disclaimed ownership of three cases, but claimed one. They had told him they had purchased the liquor at a "sly grog" in Hobson Street.

"I've no doubt at all about this," declared Mr. Luxford. "It is quite clear that this is not a genuine wholesale wine business. Defendant must be convicted of selling' liquor without a license."

After making reference to the anomaly in the licensing act Mr. Luxford said that he "could only deal with the present case as a serious one. He imposed a sentence of one month's imprisonment with hard labour on Robins, and ordered the liquor to be confiscated.

Gladys Marion Evans, who was similarly charged, was convicted and fined £5 and costs. % Other Cases Charles Henry Alfred Parker (Mr. Hall Skelton) pleaded guilty to the sale of eight bottles of beer to a constable on January 18. Mr. Skelton submitted that Parker was acting as the servant of a .man named Ryan, who had already been dealt with.

A month's imprisonment with hard labour was imposed.

William A. Miller (Mr. Henry) was sentenced to one month's imprisonment ion a similar charge. He had sold 12 bottles of beer for 30/ at 38, Pitt Street. Eighteen bottles of beer and 66 bottles of wine had been seized.

Riseland Kathleen Mclsack, charged with selling liquor in the no-license district of Grey Lynn, where her husband kept a soft drink shop, pleaded guilty. She was fined £40 and costs.