LIQUOR SOLD IN CLUB ROOMS

Press, Volume LXXXVIII, Issue 26662, 22 February 1952, Page 5

LIQUOR SOLD IN CLUB ROOMS

SERIES OF CHARGES HEARD

THREE MEN CONVICTED ? Six charges df breaches of the J Licensing Act, brought against the 2nd 1 New Zealand Expeditionary Force As- £ sociation (Incorporated), of 2 Swanson 1 street, Auckland, in the Magistrate’s t Court yesterday were dismissed by Mr f Rex C. Abernethy, S.M. * Senior-Sergeant J. C. Fletcher prosecuted, and Mr P. H. T. Alpers appeared for the defendant association. | The charges to which the association < pleaded not guilty were two of keep- ’ ing liquor for sale when it did not have i a licence, two of exposing liquor for sale, and two of selling liquor when it did not have a licence. Alan Walter Harper, of 44 Ferry , road, Donald Ross McGregor, of 26A < Bo wen vale avenue, and Selwyn James ' Tregear, of 5 Locarno street, who were J represented by Mr A. K. Archer, pleaded guilty to a charge of selling liquor when they did not have a licence. Each was fined £7 10s. An order ) was made for the forfeiture of the < liquor seized. 1 Senior-Sergeant Fletcher, stating the case for the prosecution, said this was < quite a serious case in its way. The 1 association had been in club rooms at J 184 High street, and over a period had 1 been causing the police some concern. It was obvious that too much liquor i was being taken to the rooms, and too ] much was being consumed. Constables Moodie and McLachlan went to the ; rooms on the evening of January 4 and ' found a proper bar set up. Tregear sold them beer from a keg, and later 1 Harper, the president, sold them two bottles of beer. Brandy, gin, and beer were exposed for sale. About 9.35 p.m. on January 11 Sergeants Leith and Morrissey, with a number of constables, went to the rooms and found 25 men there. Some were sitting at tables and others were breasted up to the bar. “The kegs of beer in Court, together with the miscellaneous collection of ambrosia were seized. McGregor was selling beer behind the counter. We say liquor wps sold and the law was being flouted,” said SeniorSergeant Fletcher. Mr Archer said that the two constables who visited the rooms on January 4 were in plain clothes, and were wearing 2nd N.Z.E.F. badges. Tregear, who was in charge, knew them and supplied them with-beer. Harper came in and joined them. One of the constables told Harper he was a member of the club in Dunedin and wanted to join the Christchurch one. He asked if he could take some beer away, and Harper told him it was strictly against the rules, but finally allowed them to have two bottles. Method of Obtaining Evidence “This method of the police obtaining evidence was mentioned in a recent case, but here the police had other ways of obtaining evidence,” said Mr Archer. There was no reflection on the constables, for they were only acting on orders, but the higher police officers could have had the premises raided sooner than they did, for they knew drinking was going on. No benefit accrued to members. They sold the liquor to raise funds for worthy causes. McGregor was serving behind the bar on the night of January 11, and it was a lair catch. The Magistrate, commenting on the use of police as agents for procuring convictions, said there were types of cases where the police had to be used in a manner which went against the grain of everybody. The further the higher officials could keep constables away from such duties the better pleased everybody was. There were cases, however, where constables had to be used in that manner, but discretion was usually exercised by senior police officers. He issued a warning that if the offences were repeated the offenders would walk into heavy fines. It was regrettable that the branch of the association should be operating on those lines, for it brought discredit on the association. Charges Against Association Giving evidence on the charges against the 2nd N.Z.E.F. Association, Constable G. M. Moodie and Constable E. L. McLachlan said they went to the club rooms on the night of January 4. During the course of an hour they were in a school drinking and were freely supplied with beer at 6d a glass. There was a bar and a five-gallon keg of beer was on tap. Harper sold them two bottles of beer to take away. Constable McLachlan said he was not wearing a 2nd N.Z.E.F. badge. Sergeant R. F. Leith said he made inquiries into the association’s activities. He and Sergeant Morrissey, with a number of constables, went to the club room about 9.30 p.m. on January 11. There were about 25 men in the room. There were 36 dirty glasses. In the office there were three full kegs of beer. Brandy and gin were on tap behind the bar. The liquor was taken to the police station. Supporting evidence was given by Sergeant E. A. Morrissey and by several constables. The Defence Vivienne Lake, of Auckland, secretary of the 2nd N.Z.E.F. Association, gave evidence for the defence. She said that headquarters in Auckland controlled policy matters throughout New Zealand, but the administration of branches was in ,the hands of branch officers, under the supervision of headquarters. If she was advised by branches she knew what was going on, but was not concerned with the organisation of club rooms and the running of functions there. The Dominion executive did not know that the Christchurch branch had been trading in liquor, and nd complaints had been received. The parent association was the nominal tenant of the Christchurch branch rooms, though the rent had always been paid by the branch. The tenancy of the rooms had now been given up, and the Dominion executive had removed the branch committee. She was clearing up the branch’s affairs while she was in Christchurch, for the branch was dissolved. Mr Alpers submitted that there was no case against the association. There was no evidence that headquarters had any knowledge of the offences if they occurred. Nor could it be held that the parent body was vicariously liable. The Magistrate said he was not without some doubts on the matter, but the balance was in favour of the defendant. It had not been proved that the parent body knew what the branch

was doing or connived at it. The parent body had now disciplined the branch, which was the proper thing to ’ da if it was carrying on illicit trading. ( The informations against, the association would be dismissed. Found on Premises • On a charge of being found on premises at 184 High street when liquor was ' seized there by the police, the following were each fined £1: Selwyn James Tregear Jack Beecroft, John Henry ' Clifford, William John Dunn, Ronald '. James Nicholson George Paramore, ’ Mervyn Reginald Sellars, Lawrence ' John Ferris. Alan Patrick Pamel How- ■ ard lan Hugh Martin, Peter Michael ' McKeon, Reginald George Sutton, Ron- ' aid Bate, Rex Farrell Cook, Frederick ’ Bower Nicoll, Lance Alfred Pavlovich, 1 Basil Duncan, Stanley William Howie, Victor Owens, Norman Jack Tucker, ■ Douglas kershaw Walshaw, and Cecil * Francis. Charge Withdrawn A charge against William Eric McGavick, of 8 Curries road, of aiding and ’ abetting the 2nd N.Z.E.F. Association s in committing the offence of selling » liquor without a licence was with--1 drawn. r Mr W. F. Brown, who appeared for t McGavick and entered a plea of not , guilty, submitted that the police should J withdraw the charge. As the informa- □ tions against the association had been Z dismissed. McGavick could not have e aided and abetted an offence that was , not committed.