Licensee Discharged Without Conviction

Press, Volume CII, Issue 30126, 9 May 1963, Page 7

Licensee Discharged Without Conviction

Saying that in varied conditions a meal could last from one to three hours and that the facts of each case must be examined individually, Mr E. S. J. Crutchley, S.M.. discharged Patrick Atwood Smith without conviction under section 42 of the Criminal Justice Act in the Magistrate's Court yesterday.

Smith, licensee of Tattersail’s Hotel, was charged with selling liquor after hours in the hotel's “wine-and-dine” on October 4 William Albert Whitehead, manager of the hotel, who was charged with aiding the supply of liquor after hours, ■was also discharged under section 42 When the case was first heard on April 5, John Owen Hamilton and James Anthony Newsome, employees at the hotel, were charged with supplying liquor after hours. They gave evidence for the prosecution and were granted certificates of indemnity. Similar certificates were granted to Paul Blackett and .Liscph Johnson. charged with being unlawfully on licensed premises. Others charged with being on licensed premises were Raelene Ferguson, Bacey Cecil Hill, Thomas McDonald, Andrew Charles McDougall, John Kerry Rudkin, Maree Louise Skinner. Alfred Robert James Spark, and Rex Williams.

All the defendants pleaded not guilty to aU charges, and were represented by Mr W. F. Brown. Sergeant B. D. Read prosecuted.

Defence Submissions The case was continued last Friday, when evidence for the defence was heard, and yesterday submissions were made by Mr Brown. The Magistrate dealt with Smith and Whitehead, found the charge against Blackett proved, and reserved his decision until this morning on the charges against the others of being unlawfully on licensed premises. In his submissions. Mr Brown dealt with each defendant individually. Blackett. he said, was the only one who presented at least an arguable case. He arrived at the “dine-and-wine” at 6.20 pm, and had his meal. Although he was drinking beer when the police arrived he had still not had his coffee, with which be intended to finish his meet. The other defendants had the liquor they had with their meals. Mr Brown eaid. He said the evidence given by Johnson had been confusing and unreliable. The Magistrate agreed. Mr Brown stud that Smith had started the “dine-and-wine” to cater for persons •who could not afford the cost of going to the more expensive restaurants.

The amendment of the Licensing Act in 1961 was intended to encourage more leisurely dining. The defendants. he submitted, had their dinner, had a few drinks, and watched television. “Past are the days when you rush into the hotel din-ing-room hoping you will not be late for dinner, feeling fairly uncomfortable if you

are not finished in time,” said Mr Brown. He said there was nothing sinister in Smith's conduct. He was an enterprising licensee, who had done a lot for the trade The Magistrate saad he agreed that Smith was running a very good service for persons who could not afford an expensive night out. “Not Well Chosen” The case was not well chosen by the police if they wished to make it a test case, as each defendant must be dealt'with on the particular facts surrounding him, Mr Brown said. Sergeant Read said there seemed no control in the hotel on how much a person could drink. “It is as though 10 o’clock closing had come if a person had a meal first. This was definitely not intended by the amendment to the act,” he said.

Dealing with the charge against Blackett, the Magistrate said he did not think the defendant could have a cup of coffee as a “life-saver” after his meal. Hq found the charge against Blackett proved, but said he would like a little more time to study the evidence against the other defendants charged with being unlawfully on licensed premises. He said the Court could not lay down any standard as to how long a meal should take, or what constituted a meal. Asking for the charge against Whitehead to be dealt with in the same manner as that against Smith, Mr Brown said that Whitehead was a young man, with no previous convictions, who was interested in a future in the trade.