APPEAL FAILS.

Press, Volume LXII, Issue 18635, 9 March 1926, Page 5

APPEAL FAILS.

DRINK AFTER HOURS. CONVICTION OF LICENSEE. Yesterday, in the Supreme Court, an appeal from a Magistrate's decision was heard before his Honour Mr Justice Sim, and dismissed. John Joseph Dore, licensee of tho Royal George Hotel, was fined £lO and 7s costs by Mr H. A. Young, S.M., for a breach of the Licensing Act, being found guilty on a charge of selling liquor after hours to aj Christehurch carrier, George Egan. The appeal against-the Magistrate's decision was made- on the following :—That the •■ Magistrate was wrong in: (1) Finding that there had been a sale of litjupr to Egau after hums; (2) that Egtui was on the premises contrary to tho provisions of tho Licensing Act; (3) that Dore was not entitled to supply liquor as a gift to ;S(l>, that fcieetiojii.SOG was apph- . cable to the circumstances. It was contended also that if the Magistrate, ffiib right in finding that Section 20G did apply, he was wrong in finding that Dure had not discharged the onus cast upou hun by the section. Mr F. D. Sargent appeared for the i appellant, Dore, and Mr A. T. Donnelly represented the respondent, Richard H. Waterson. • | What Policemen Saw. j Two police officers, said Mr Donnelly, found two men in the bar of the j Roval George Hotel at 6.30 p.m, oii January 14th. Tlieie were glasses of liquor "near them. One man, John Harper, said that he occupied Room 8, but later ,it transpired that he stayed at another hotel. Dore 6tated that Harper was waiting to accompauv him to the theatre, and the other man, Egan, had done some ca'rrviiv work for him. He had gone into' the bar to be paid. The barman entered and placed los on the counter, saying that it was change. There was some hesitation in accepting tlm money. A suggestion was made that it was payment for carrying work. Later Dore said that the liquor supplied to Egan was a gift. Apparently the Magistrate accepted Harpers explanation, hut convicted Dore for selling liquor to. Egan. Police evidence was Unit fcgan drank some beer while a constable was in the bar. The barman brought in 15s and this was on th-3 counter for some time before Egan took it. Licensee's Story. Dore said that Harper had come up from iurercargill and had put up at another hotel; but on January 14th he discovered that Dore had tho Royal George Hotel. Witness and Harper were personal friends, and that afternoon Harper had accepted witness's invitation to stay with him. Harper had stayed there as a friend ever since. • That afternoon Egan had done a cartage job for witness, and at about G p.m.. when the bar was very busy. Egan said that'- witness owed his firm 15s. Witness advised Egan to return later, and when he arrived, about ten minutes-before the advent of the police, witness gave him a drink. He asked him towait until he had counted tho money' in the tills mid could pay him. His Honour said that it was not disputed that liquor was supplied to Egan after 6 p.m. Had there been no suspicious circumstances in connexion with the matter, he might ha.ve been justified in accepting the account given by the licensee, but the account was not satisfactory. The appeal would be dismissed.