LOTTERY HELD AT SUMNER

Press, Volume LXXXVII, Issue 26514, 31 August 1951, Page 6

LOTTERY HELD AT SUMNER

CLUB PRESIDENT FINED £lOO

LIQUOR SOLD WITHOUT LICENCE

Leonard Robert Cant, a Justice of the Peace, and president of the Sum-ner-Redciiffs sub-branch of the Christchurch Returned Services’ Association, was fined a total of £ 100 in the Magistrate’s Court yesterday for breaches of the Gaming Act and Licensing Act. Cant, who is a war pensioner, was charged with conducting in the R.S.A. Hall at Sumner on August 3 a lottery —a Calcutta sweepstake—on the Winter Cup race to be run at the Canterbury Jockey Club's meeting at Riccarton the next day, and with, on the same occasion, selling liquor without having a licence to do so. Cant, who was represented by Mr J. G. Leggat, pleaded guilty to both charges and Mr Hex. C. Abernethy, S.M., imposed fines of £5O on each.

It was stated during the hearing that Cant is a life member of the New Zealand Returned Services’ Association, and holder of the certificate of merit of the Christchurch Returned Services’ Association, and that his name has been placed on the special honours list of the New Zealand Returned Services’ Association.

Ralph Leslie Berry, a barman, who also pleaded guilty to a charge of selling liquor on the same occasion, without having a licence, was fined £lO Detective-Sergeant G. W. Alty said that at a meeting of the committee of the sub-branch in June it had been decided to conduct a sweepstake on the Winter Cup race. A total of 2035 numbered tickets in books of 11 had been printed and the books were sold for £5 or 10s a ticket, with a free ticket to the seller of 10 tickets. Each ticket entitled the holder to admission to the R.S.A. Hall on the night of August 3 and one chance of drawing a horse in the Calcutta sweepstake to be held that evening. The horses nominated in the Winter Cup were drawn by lot from marbles numbering one to 2035 and then the chances of each horse winning the race were auctioned at prides ranging from £l3O for the favourite to £1 for the rank outsider. A total of £1132 was realised at the auction. The holder of the ticket for each horse drawn in the sweepstake was entitled to half the amount paid at auction for the horse's chance in the race or he could buy the chance himself for half the price brought at auction, said Detective-Sergeant Alty.

Illegal Games Illegal under and over games were set up in the hall under the charge of committee members, continued Detec-tive-Sergeant Alty. Other committee men acted as doorkeepers and assisted in the conduct of the Calcutta sweepstakes.

A total of 105 gallons of draught beer, 216 bottles of beer, 26 bottles each of whisky and gin, 32 bottles of brandy, 30 bottles of sherry, one bottle of rum, two bottles of liqueur, and 24 bottles of stout were obtained from wine and spirit merchants and a bar manager and five barmen were engaged to sell liquor from a long bar set up at one side of the hall, said Detective-Sergeant Alty. Ale was sold at 6d a five or six ounce glass, and spirits at one shilling a measured nip. Cash registers and bowsers were borrowed for the occasion from the licensee of the Eastern Hotel.

“When the hall was visited by a party of police about 9.30 p.m. the hall was packed to capacity and people were still arriving by the dozen,” said Detective-Sergeant Alty. “It was estimated by some that there were more than 1000 present. The drawing of the horses was then in progress and almost completed. The bar was doing a brisk trade in the sale of intoxicating liquor “It was observed that amongst those present in the hall there were a number of convicted bookmakers and some well-known criminals,” said Detective-Sergeant Alty. The defendant was on the platform in the centre of the hall directing operations and he quite frankly admitted taking a leading part in the conduct of the sweepstake, which was in fact an illegal lottery, said Detec-tive-Sergeant Alty. He said he would accept full responsibility for the sweepstake and illegal sales of liquor. The breaches of the Gaming Act and the Licensing Act were regarded as flagrant ones. It might be considered that the attention of the public should be drawn to the fact that Calcutta sweepstakes constituted lotteries and that all persons concerned in a lottery, if only to the extent of selling tickets, were liable to a substantial fine or imprisonment. Persons buying tickets in such a lottery were liable to a fine not exceeding £lO. said Detective-Sergeant Alty. Premises whei;e lotteries were conducted constituted common gaming houses and every person found on such premises was liable to arrest and prosecution. In addition to the penalties provided by the Gaming Act and its amendments it might be considered worthy of mention that persons convicted of a breach of the Gaming Act were automatically debarred from attending race meetings, said Detective-Sergeant Alty. If such schemes persisted in the future action would no doubt have to be taken against others in addition to the principles. “An Indignity" “Your Worship will appreciate that to a defendant with a record as distinguished as this, his very presence in this Court is an indignity of the first order, and that may well present itself to the Court as an element of mitigation in punishment,” said Mr Leggat Counsel mentioned the distinctions that had been conferred on Cant in the Returned Services’ Association, and said that for 30 years he had been a respectable and hardworking resident of Sumner, with service in educational, sporting and charitable organisations. It had been in his capacity as president of the sub-branch that he had found himself in circumstances giving rise to this case, said Mr Leggat. During the last five years the sub-branch had given substantial funds to worthy objects ranging from £25 to £3OO. The committee had embarked on an extensive building and renovation programme, and because of increasing costs it had found itself committed to expenditure beyond what it had budgeted for. If the charitable work of the association was to be maintained there was a need to raise funds to carry it on. It was in this predicament that the decision to run the function was taken. Mr Leggat said, in respect of the particular offences, that there was no element of personal gain to the president or committeemen from the lottery or the sale of the liquor, and there was. he understood, in the police case no suggestion that this was a permanent bar. Asked by the Magistrate what profit had been made out of the proceedings. Mr Leggat said that no balance-sheet had been prepared yet, but the profit from the sale of tickets was about £3OO.

“I don’t think, by any stretch of the imagination, any of the parties involved could have thought they were not acting sharply against the law to sell liquor so brazenly—clearly a breach of the Licensing Act—and to indulge in a Calcutta sweepstake which was clearly contrary to the Gaming Act” said the Magistrate. He said he would yield to no one in admiration of the Returned Services’ Association, and what it had done and was doing, but as a Magistrate he had to uphold the law. If he were to view this offence leniently because there was a worthy object involved, sweepstakes would be springing up all over the country and people would be selling liquor in similar circumstances.

The Magistrate said he was quite sure that the defendant and others associated with him had nothing but a good object In view. Magistrate Interrupted

At this stage a person in the back of the Court interrunted the Magistrate: “Sir," he said. “I . . . . The Magistrate: You be quiet.

If the sub-branch had made a substantial profit and had broken the law then some of the urofit would have to go to pay fines, said the Magistrate.

"These Calcutta sweeps have been going on for yean,” said Ralph Leslie

Berry, a barman at the Eastern Hotel, who acted as bar-manager at the R.S.A. hall on the night of the sweepstake? He pleaded guilty to selling liquor without a licence. “I was at one a few doors from the Central Police Station in Hereford street which was four times as big as the one at Sumner.” said Berry. “One was also run at Riccarton by the R.S.A. But nothing was said about these. Naturally, therefore, when I was asked if I would act as barmanager I consented to do so because I would be doing a service to the Returned Services’ Association. “I would like to say that I am sorry Sumner should be penalised so heavily when others get off so scot free.” The Magistrate: I don’t know particulars of the other matters. I am only dealing with the matter before the Court.

“You knew you were acting against the law and we can’t have people selling liquor like that.” said the Magistrate before announcing the penalty.