MAGISTRATE CRITICISES LAW ON GUESTS IN BARS

Press, Volume XCIX, Issue 29108, 21 January 1960, Page 15

MAGISTRATE CRITICISES LAW ON GUESTS IN BARS

In dismissing charges in the Magistrate’s Court at Greymouth yesterday morning against persons charged with being found on licensed premises after hours, Mr E. A. Lee, S.M., said he hoped that the Parliamentary committee now inquiring into New Zealand’s liquor laws would give attention to the question of guests in hotel bars.

The Magistrate said it was a problem that made the work of the police extremely difficult and in many cases he was perfectly satisfied it encouraged perjury. There were some significant features about the present prosecution as only five persons out of 11 were held to be there lawfully, said the Magistrate. “Where the licensee, or in this case his wife, accepted that some were present unlawfully, although claiming some to be there lawfully that is one aspect that should receive due consideration by the Court. If the licencee’s wife were acting dishonestly she could have claimed the whole lot as guests, rather than selecting a few. At the time she claimed them as guests and now came forward to the Court to confirm it. “Under those circumstances I

must give some weight to what she said to the constable and has since repeated,” said the Magistrate. ‘‘l see no reason why I should not accept that. In which case I find that the defendants were there legally as the guests of the licensee’s wife and dismiss the charges. Drunk in Charge

Holding that defendant was in charge of a motor truck and that he was unfit to drive at the time of his arrest, the Magistrate fined Willis Case, a married man of Paroa, £lO and costs on a charge of being intoxicated while in charge of a truck in Albert street, Greymouth, on the evening of Sunday last

“The defence has raised two questions: firstly that the doctor who examined Case found him half an hour after arrest to be fit to drive a vehicle, and secondly that defendant had not driven the truck,” said the Magistrate. After hearing the police evidence the Magistrate said he was satisfied that at the time of his arrest defendant was not fit to drive. Licensee Fined

R. J. Finlayson, licensee of the Duke of Edinburgh Hotel, Greymouth, was fined £7 10s and costs for selling liquor after hours. Similar charges against A. T. Panther, licensee of the Tramway Hotel, Teremakau, and F. McEnaney, licensee of the Richmond Hotel, Greymouth, were adjourned, the Magistrate stating that he desired to consider the question of Panther’s licence as he had had three previous convictions within a period of six months. Nine persons found on various licensed premises were each fined £3 and costs; two with previous convictions were fined £4 and costs.