Magistrate’s Court Restaurant Owner Fined £l5 For Selling Liquor

Press, Volume XCVI, Issue 28399, 4 October 1957, Page 18

Magistrate’s Court Restaurant Owner Fined £l5 For Selling Liquor

“Warning” fines amounting to £25 were imposed on Edward John Griffith Bristed, owner of the Copper Cat restaurant, Dirk Albert Johan Bosch, the manager, and Hermanns Casper Hoogstrate, a waiter, by Mr Rex C. Abernethy. S.M., in the Magistrate’s Court yesterday.

Bristed was fined a total of £l5 for selling liquor without a licence, and unlawfully keeping liquor for sale. Bosch and Hoogstrate were each fined £5 for aiding and assisting Bristed.

The charges arose from a police raid on the restaurant on August 16. None of the defendants apneared, but counsel (Mr S. H. Wood) entered pleas of guilty. Inspector J. J. Halcrow, who prosecuted, said that a constable and a policewoman went to the restaurant on August 16 for a meal. The waiter, Hoogstrate, produced, on request, a bottle of wine, for which the constable paid 12s 6d. Later in the evening a party under Sergeant Schwass visited the restaurant and seized 14 bottles of wine. Hoogstrate, who was in charge, told the police that Bristed had instructed him to sell wine to customers, with certain restrictions. Bristed was interviewed later, and he took full responsibility. Between May 14 and August 5. the restaurant had bought £205 14s 2d worth of wine from a local wholesaler, Inspector Halcrow said. “I understand that this is the first charge of its kind in Christchurch for some time,” said Mr Wood. “The persons charged

were most frank and open with the police. There, were no spirits on the premises, and there is no suggestion that anything other than light table wines was sold “Liquor was served only with meals, and not to young persons or persons who had already had liquor,” Mr Wood said. “The quantity was limited to one bottle a customer.

“The restaurant is not regarded as the traditional sly-grogging establishment but as a simple restaurant where customers could obtain a bottle of wine with their meals. There were no disturbances, noise, or drunkenness. The police who had a meal must have found it a pleasant experience.” Mr Wood said. “It does not lie within the function of this Court to decide whether liquor with the evening meal in a restaurant is desirable or not,” said the Magistrate. “All the Court is concerned about is to see that the law, as it is written, whether it agrees with it or not, is enforced. If the law is to be altered it will be altered by the legislature and not by individual citizens who may disagree with it.” STOLE SEWING MACHINE Kenneth Hayward (Mr B. G. Dingwall) pleaded guilty to a charge of stealing a sewing machine, valued at £l2, the property of Margaret Vera Saunderson, on June 4. He was sentenced to six months’ imprisonment, to be concurrent with the sentence he is at present serving at Paparua prison. Inspector Halcrow said that Hayward had borrowed the machine and sold it to a secondhand dealer for £2. ON LICENSED PREMISES Fines of £3 were imposed on Geoffrey Morton Bodger, Ewart James Dawson, Allan James Musson and Richard Tempest McLaughlin on charges of being found on the licensed premises of the Dunsandel Hotel after hours on August 16. NO PERMIT FOR RIFLE On charges of obtaining and delivering a firearm without a permit, Timothy Neville Haverland Minchin was fined £2. UNLAWFULLY IN T.A.B. Remus Gordon Lilley failed to appear on a charge of being found on the premises of the T.A.B. office at New Brighton on September 6, being a person excluded under the Gaming Act. He was fined £5. DISCONNECTED SPEEDOMETER Ronald Albert Hall, aged 20, a spray painter, pleaded guilty to a charge of interfering with the operation of the speedometer of a rental car. Senior-Detective J. B. McLean said Jhat Hall and some friends had driven around the Port Hills, Sumner and Lyttelton in a rental car. When the mileage began to accumulate Hall had disconnected the speedometer cable and connected it again before returning the car. Hall had since paid the outstanding fees. Hall was fined £5. DEFERRED SENTENCE

A young woman, whose name was ordered not to be published, was convicted and ordered to come up for sentence in 12 months if called on, on a charge of stealing an overcoat on September 8. ADMITTED TO PROBATION John Rauhi Paku, aged 18, a labourer, was admitted to probation for two years and was ordered to make restitution of the sum of £l6 as directed by the Probation Officer when he appeared for sentence on four charges of false pretences. The Magistrate said Paku came of a good family. He must realise, however, that he had come to the parting of the ways and unless he pulled himself together he would be in serious trouble and possibly end up in Borstal. If he went back to his home he would be given a chance to settle down and become a good citizen.

PROBATION FOR THEFT Neville Spence Mattingly, aged 20. a workman (Mr L. G. Holder) appeared for sentence on three charges of theft at Invercargill in July. , , . Mr Holder said Mattingly had not got on well with his father and had run away from home because of frequent beatings by his father.

When he had run away from home, young Mattingly had joined bad company and at the age of 17 had been committed to Borstal where he remained for 21 months. When he first went in there he knew nothing, but when he came out he knew everything. He had been severely punished for the theft of a key valued at 3s 6d. The commission of the offences sprang from the accused’s background. He enjoyed life in the army and for the first time he had been able to mix with people of his own age. He was not a serious social problem and had a good chance of rehabilitation if given the chance to mix in with approved company. The Magistrate said the accused would be given a chance to start afresh and would be admitted to probation for a period of two years. He was ordered to make restitution of the sum of £l6 19s 6d as directed. THEFT OF PALINGS

Dennis Joseph Shaw, aged 45, a sawmiller, pleaded guilty to a charge of stealing 31 palings valued at £1 Ils 6d, the property of the Middleton Timber Company, Ltd. Senior-Detective J. B. McLean said a complaint had been received that a man had been seen taking timber from the company’s yard at Riccarton to a motor-car, the number of which had been taken. Shaw had admitted the offence of taking the timber, which he had intended using at his sister’s place. He told her he had paid for the timber. Accused was remanded to October 10 for a probation officer's report and sentence. REMANDED Allan Craymer Turnbull, aged 39, a workman 'Mr L. S. Holder* was remanded to October 17 when he appeared on a charge of false pretences in obtaining £lO from Alexander Alan McPherson. Bail was allowed in the sum of £5O and one surety of £lOO. Kevin Edward Alan Patrick Campbell, aged 22, was remanded

to October 10 on a charge of stealing a cheque, the property of Pamela Gwendoline Campbell, and a bicycle, the property of some person unknown. Nancy Hunia, aged 17, was remanded to October 10 for a probation officer’s report and sentence when she pleaded guilty to a charge of stealing a signet ring valued at £1 15s, the property of Elizabeth Stack on September 21.

Senior-Detective J. B. McLean said accused was a State ward transferred from Masterton. She had been placed in a Christchurch institution, but had been away after having taken the ring. She had then been sent to Burwood, where she was kept under restraint because she had attempted to run away. Accused had previous convictions. CIVIL CASES (Before Mr Raymond Ferner, S.M.) On judgment summonses the following orders were made: A. 1. Freeman to pay C. F. and M. Scott £9 18s 5d forthwith, in default 11 days’ imprisonment, the warrant to be suspended as long as he pays 10s a week; F. Stolfa to pay Briscoe and Company £3O Ils 4d forthwith, in default three days’ imprisonment, the warrant to be suspended for three days after service of the order.