LIQUOR ANALYSIS

Auckland Star, Volume LXXVI, Issue 118, 21 May 1945, Page 6

LIQUOR ANALYSIS

LENGTHY EVIDENCE

OFFICIAL'S SUBMISSIONS

Almost the whole of this morning's sitting of the Royal Commission on Licensing was taken up with the hearing of the evidence-in-chief of Kenneth Massy Griffin, Government analyst at Auckland, and the commission adjourned until this afternoon before the cross-examina-j tion had been concluded. Witness stated that as Government analyst, he carried out the analyses and chemical work required by Government Departments in the Auckland province, except Gisborne. The Departments principally concerned were the Health, Police and Customs Departments. "The submissions I am making are the result of my own experiences in mj r official dutj r , and are not to be taken as the official views of my Department," said witness. Mr. Griffin suggested that the Licensing Act be amended to clarify the position regarding both a "sale" for the purpose of analysis, and the size of a sample permitted to be purchased for analysis. He explained the difficulties to be con-

tended with under the Act as it stood. He said that licensees should be required to destroy the labels on emptying liquor bottles. "The illicit spirit trade in Auckland flourished by using spirit bottles with original labels intact, and high premiums were paid for such bottles. The refilling of beer bottles is an extreme case and occurred some years ago, but microscopic examination in a recent complaint regarding draught beer purchased in Auckland left little doubt that some person had collected the dregs and washings of beer and sold them as draught beer." Improper Use Of Labels Witness stated his opinion that labels imported to replace those damaged on imported spirits should be held by Customs locker and used only under Customs supervision. Consideration should be given, he submitted, to the general question of printing, use and custody of labels used for spirits in case any shortage of spirits in the future should lead to recurrence of the conditions in Auckland in 1942-44, when whisky and gin labels were stolen from spirit merchants, and all variety of labels were illegally printed. It was suggested that the wholesale licensee should notify the local authority inspector whenever it was intended to bottle liquor at any place other than a licensed place of business. i In January, 1944, the U.S. Surgeon Service Command submitted a sample of gin which had obviously been bottled in a dirty bottle, witness stated. The label read, "Bottled in bond under the supervision of H.M. Customs," but it was discovered that the Customs officers supervised the operation for revenue purposes only, and had no power over the sanitary side, since the gin was bottled after importation.

( The same lack of power of Customs officers occurred in the manufacture of hop beer under Customs license. Witness also suggested that the section of the Finance Act dealing with hop beer licenses be strengthened to allow for the withholding or cancellation of the license on sanitary grounds. " The beneficial properties of beer were derived mainly from the malt, and everything should be done to encourage the use of malt, witness continued. "Although the vitamin content of beer has been much exaggerated, beer does represent a source of riboflavin to persons who would not obtain riboflavin in milk, the best liquid source, and the malt is the source of riboflavin in beer. "While there is general agreement that the proof spirit of beer should be held to the present 6-7 per cent, I would point out that the restrictions on the original gravity, rather than on the proof spirit content, arg against the use of malt to produce a good source of riboflavin." One of the most serious sources of trouble in the sale of liquor was the washing and preparation of bottles, and in recent years a number of cases of dirty bottles had come to the notice of witness. He stated that the proviso in the regulations left many loopholes. The inspection of brown bottles was very difficult, and the number of bottles getting through unwashed indicated the need for some strict inspection by local authorities. To Mr.. C- D. Willis, counsel assisting the Commission, witness stated that 2/6 was the top figure paid for an empty bottle with a label which was not disfigured. Regarding the alleged sale of dregs as draught beer, witness stated that this occurred in March, J 1944, when a purchase of a gallon "of beer was made from the Waverley Hotel, the beer being put in the purchaser's own container. The purchaser complained to the Department of Health and the liquor was brought to witness for analysis. It contained foreign matter and was diluted, witness stated. In regard to thefts of whisky and gin labels, witness said the chief of these were from one particular firm of wholesale wine and spirit merchants. An employee of the firm during the period of his-employment apparently took as many labels and bottle tops as he could get. No conviction was obtained. Inspectors' Problems Under cross-examination by Mr. R. Hardie Boys, representing the New Zealand Alliance, witness said that most of the difficulties in controlling the sale of liquor developed as a result of the presence of Allied troops in the city and coincided with the shortage of. spirits. Prior to that there had not been great difficulties.

\ Witness said that two amendI ments to the law were necessary, he believed. One was that inspectors should be able to purchase a smaller quantity of liquor for analysis than the general public,-who were unable to purchase less than two gallons. He also proposed that the taking of samples by an inspector under the Licensing Act for analysis be deemed a sale for consumption as a food, as it was under the. Sale of Food and Drugs Act. The Licensing Act did not. treat such a sale as being for consumption and a Court case had taken place in 1927 which showed that • the Act impeded the inspectors in this respect. The magistrate had given judgment that the sale in question did not amount to a sale within the meaning of the Licensing Act, because there had been compulsion on one side, and a sale implied willingness on both sides. He had therefore upheld the contention that where a person accepted payment for samples obtained under the Licensing Act by an inspector under the Licensing Act the transaction could not be regarded as a sale. Mr. Boys: That decision has blocked you from forcing a vendor to sell a sample of liquor to you, unless you are able to buy it without his knowledge that you want it for analysis?— Yes.