LICENSING CASES.

Press, Volume LXII, Issue 12683, 22 December 1906, Page 2

LICENSING CASES.

Robert Day, licensee of the Prebbleton Hotel, was charged before Mr V. G. Day yesterday with selling liquor after tho closing hour on the night of the sth irist. Mr Strintj-or appeared for the prosecution, and Mr/Donnelly for defendant, who pleaded guilty. Mr Donnelly stated that in this case _ number of young men drove a motor ear after closing: hour to tho hotel, and asked for a drink. It was not alleged that the young men wero under the influence of liquor, nor did they stay at tho hotel for any length of time. He applied to tho Bench under the circumstances not to endorse the license: His Worship said if the licensee allowed the young men to induce him to supply them with liquor after closing hours ho was not fit to hold a license, i Mr Donnelly submitted that in this I case the license ought not to be endorsed. Tho Magistrate was allowed a discretion in such cas«. | His Worship said his view of th© I exercise of the discretion allowed the Magistrate in such cases was this: that when the breach of tho law in supplying liquor after hours was committed hy tho licensee himself—unless there were some extenuating circumstances t.he licenso should be endorsed; but where tlie act was committed by a servant without authority, then tho Magistrate should consider all the circumstances, and determine whether he should exercise hi;S discretion not to endorse the license. Where tho licensee committed the breach of tho Act with a full knowledge of tho penalty, then his lioenso should bo endorsed. Hia Worship said ho would endorse the license in this case, but would not inflict any penalty. Defendant, howover, must pay the costs. Patrick Costin, licensee of tho Junction Hotel, HaLsiveH, was charged with a breach of tho Licensing Act by selling liquor after hours. On the application of Mr Hoban, the case was adjourned till to-day.