MAGISTRATE’S COURT Change Found In Law On Hotel Lodgers And Guests

Press, Volume CIV, Issue 30862, 22 September 1965, Page 12

MAGISTRATE’S COURT Change Found In Law On Hotel Lodgers And Guests

It is now legal in certain conditions for a person to go to a hotel at the invitation of a lodger for the sole purpose of having a drink after hours. This ruling was given in a reserved decision in the Magisstrate’s Court yesterday by Mr K. H. J. Headifen, S.M. He found that the law had been altered under the Sale of Liquor Act, 1962, which came into force in June, 1963. Previously it was illegal for a person to go to a hotel after hours for the sole purpose of having a drink, even as the guest of a lodger and even if the lodger paid for the drinks. It was legal for a lodger to buy drinks for a guest who came to the hotel on a business matter or to pay a social visit.

The. Magistrate dismissed charges against Raymond Edwin Chappell, aged 38, Andrew Baxter, aged 26. and Brian Dudley Simpson, aged 20, of entering the New Railway Hotel after hours to consume liquor on April 22, 1964. He also dismissed a charge against Brian Lindsay Aceglave, aged 21, of aiding and abetting the other three defendants to enter the hotel after hours to consume liquor. All defendants pleaded not guilty when the charges were heard on August 9. They were represented by Mr R. G. Blunt. Sergeant P. J. Alty prosecuted. The Magistrate said that the evidence established that the four defendants, who were employees of a bottling company, were present at a farewell function to another employee at the premises of the firm on April 22, 1964. The function commenced at 6.15 p.m. after work had been completed. There was liquor at the gathering. About 7.15 p.m. the function was adjourned to the residence of Chappell, the senior employee present. The unconsumed liquor was taken, and Chappell was going to supply some himself.

Aceglave wanted to change his clothes at the New Railway Hotel, where he was a permanent boarder. He invited Chappell, Baxter, and Simpson to have a drink at the hotel before he changed his clothes. Aceglave bought a round of drinks, and Simpson, who was under 21. had a soft drink. A sergeant found the four in the bar. Aceglave had ordered and paid for the drinks from a barman who knew Aceglave was a boarder. The defendants told the police that they had been invited to the hotel by Aceglave to have a drink. None of them told the police at the time about the changing of the clothes or that they were going on to Chappell’s house. After the police left, all, with the exception of Simpson, who was sent home because he was under 21, went to Chappell’s house after Aceglave had changed his clothes, the Magistrate said. The defence raised was that al) were the bona-fide guests of Aceglave, said the Magistrate. Under the previous Acts it was clear that if a person entered licensed premises during prohibited hours to obtain a drink, even at the invitation of and as the guest of a lodger, he committed an offence.

“Under the Sale of Liquor Act, 1962, he also commits an offence if he enters for a similar purpose, but section 250 ( 3) clearly provides that this provision does not apply if he is a bona-fide guest of any lodger while he is in the company of a lodger and is supplied with liquor without charge and by way of hospitality, or to the consumption of such liquor so supplied. “That does not end the matter, because the words ‘bonafide’ guest remain to be considered. I . . . conclude that the defendants were in fact bona-fide guests of the defendant Aceglave . . - That being the case, J find no offence has been committed by any defendant under the Sale of Liquor Act, and all informations will be dismissed. “I understand that in the case of Simpson the prosecution concedes that the evidence does not support a conviction.” the Magistrate said.

TRAFFIC CHARGES On charges brought by the City Council traffic department fines were imposed as follows: — Exceeded 30 miles an hour: Maurice William Burrows, £5 (failed to produce driver’s licence, £2); Peter Francis Casserly, £5; Donald Cameron Clark, £4: Lyndon Henri Ritchie, £5: John Dalton, £5: Ronald Alexander Flowers, £6; David Alexander Garland, £4; Kenneth Stuart Grant, £4; Thomas George Griffiths, £7: Gavin Patrick Heaney, £8: Robert Daniel Hema, £4; Lyndsay Neil Hocking, £7: Ronald James Kirkland, £5; Thomas Lawrence McCarten, £5; Lawrence McKinley, £6: Kevin William Piper. £7 (failed to produce driver’s licence, £3);- Paul Francis Rushton, £7; Michael Thomas Ryan, £8: Dexter Sinclair, £5; John Christopher Roydon Andrews, £5: Murray David Thompson, £5; Percy Edward Walton, £4: Mervyn Gordon Wilson, £5; lan Howard Witheil, £5; Iride Anna-Maria Zanini, £6; George Schulze, £3: Jack Douglas Bennett, £6. Failed to give way to right: Francis Karen Dodunskr, £4: Adrian Lawrence Sullivan, £8 (ordered to attend three traffic lectures). Failed to give way when turning right at lights: John Marcus Roper, £3 (ordered to attend three traffic lectures). Made prohibited right turn: Leslie Benjamin France, £5. Failed to stop at compulsory stop. David Elliott Bain, £8; Thomas lan McGlinchy, £6.

Careless use: William Charles Lindsay, £B. Unlicensed motor-vehicle: Leonard Frank Broad, £3 (unlicensed to drive, £2); D. L. Kennedy, Ltd., £2: Franciscus Knoppert, £2; William George lapsley, £3 (unlicensed trailer, £3); Albert Francis Moyle, £3; Caryl Marlene Parker, £2; John Popplewell, £1; Errol Douglas George Scott, £3.

No warrant of fitness: Lewis Kenneth Brown, £3 (no driver’s licence, £1); Allan Alexander Collingwood, £4: John Alexander Finch, £3; Ronald King, £3: Dorice May Meikle, £3 (no driver’s licence, £5): Rutherford Miln, £3; Noel Michael James Morgan, £4 (failed to produce driver’s licence, £4); Edward John Walker, £3. No driver’s licence: Wilhelmina Adriana Cath, £2: Arthur David Hall. £2. No heavy-traffic licence: Stuart Willetts, £5 (no heavy driver’s licence, £3), Failed to supply information: Terence Rea, £6; Frank Walmsley, £6. No silencer fitted: Perry St. John Hindmarsh, £5. Carried passenger on motorcycle other than astride: Frederick Geoffrey Furkert, £3 (ordered to attend three traffic lectures).

Carried passenger with L plates: Martin Frederic Winder, £2. Insufficient lights: Geoffrey Norman Columbus, £8 (ordered to attend three traffic lectures).

No front light on cycle Marie Ellis Baken, £l. No rear red light on cycle Catherine Reedy, £l.

Cycled on footpath: David Thompson, £3. Parking offences: John Joseph Darby, £1 10s: lan George Gilmour, £3; John Grant, £3: John Harris, £2; Murray Frederick Hartman, £10: John Frances Payne Hibbert, £3 on each of two charges; Peter Ernest Keen, £5: John William Northam, £2 and £3 on two charges: James Lewis Olds, £2: Griffith Baird Page, £3: Noel Henry Scott, £3: John Clare Mitchell, £3; Richard Sunderland Sheriff Meredith, costs only.

(Before Mr H. J. Evans. S.M.) TRAFFIC CHARGES

On charges brought by the City Council traffic department fines were imposed as follows: —

Careless driving: Ethel Rich, £8: Louise Stockdale, £7; James Maguire, £9: Richard Brian Tennant, £6 and licence suspended for one month. Failed to give way at pedestrian crossing: John Francis Dowgray, £6; Joseph Aussie Crawford, £7. 'Failed to stop for school patrol: Edith Doreen Jarman, £5. Failed to comply with traffic lights: Douglas Gordon Taylor, £7. Double parked: Joseph Black, costs only. Exceeded heavy traffic licence: Reef ton Boatmans Coal Supply, Ltd., £4. Carried pillion passenger other than astride: Jeremy Donald Akinson, £l.los. Exceeded 30 miles an hour: Eileen Doris Reeves, £7: Kevin Eric Robinson, £7; Donald Edwin Climie, £6; Cyril Joseph Fifield, £3 (failed to give way when turning, £5). Unlicensed vehicle: loane Manu, £4: William Paul Ross, £2 10s (no driver’s licence. £2 10s).

Failed to give way at giveway sign: Betty Almenia Baker, £5.

No warrant of fitness: Bruce Ronald Collins, £3 10s. No light on cycle: Noel Victor Mawhinney, £1 10s (no brake on cycle, £1 10s).

Obscure windscreen: Peter John Robinson, £2. Failed to give way to right: John George Clarke. £l2 (ordered to attend three traffic lectures). CIVIL CASES (Before Mr E. A. Lee, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: Alan Scobie, railway employee, Antigua street, to pay Florence Kathleen Wilson £3B 8s 2d. in default 40 days’ imprisonment, warrant suspended while £1 a week is paid; G. J. Parker, manager, Condall avenue, to pay Gold Band Services, Ltd., £5 14s Id (six days); G. Clark, company employee, Tonga street, to pay Palmer House, Ltd., £9 15s (11 days or £1 a week); C. Wamstall, married woman, Clyde road, t 0 pay Bunt’s Florists £3 14s 6d (four days or 10s a week); G. Smith, labourer. Pages road, to pay Bunt’s Florists £4 13s (four days); Ivan C. Martin, pig farmer, Teddington R.D., to pay J. W. Howard £55 19s 6d (58 days or £1 a week): T. C. Darling, drainlayer, Langdons road, to pay Quill Morris, Ltd., £7 2s (eight days); P. D. Fox, labourer, Chatham street, to pay Paynter and Hamilton, Ltd., £4 6s lid (five days); M. Malcolm, labourer, Bower avenue, to pay Musgrove Brothers, Ltd., £6 15s (seven days).

N. Henry, married woman, Aidershot street, to pay Mason, Struthers and Company, Ltd., £8 19s 6d (10 days or £1 a week); Edward Bayard. labourer, Wilton crescent, to pay Maddens and Richards, Ltd., £3 6s 6d (four days); J. L. Roberts, enameller, Williams street, to pay Wormaid Brothers (New Zealand), Ltd., £1 10s (two days); David G. Sherif, driver. Wairakei road, to pay Shirley Shoe Store £9 9s lOd (10 days or £1 a week); Ronald Stewart, cleaner, Riselaw street, to pay Downings, Ltd., £4 Is (four days); R. Stewart, Riselaw street, to pay Vacuum Blue Lad der Cleaning Company, Ltd., £2l 14s Id (23 days or £1 a week); lan G. J. Rutledge, company representative, Brabourne street, to pay the Heathcote County Council £3B 3s lid (40 days or £1 a week); S. J. Gillman, labourer, Merrington crescent, to pay McFarlane and Baxter £3 19s (four days): N. A. Andreassend, painter, O’Brien’s road, to pay Calder Mackay Company, Ltd., £8 5s (nine days or £1 a week).

B. Siatago, labourer, Rahera street, to pay Household Drapery, Ltd., £lB 16s (19 days or £1 a week): J. E. Hazelwood, labourer, Pine road, Stewarts Gully, to pay Stacey and Hawker, Ltd., £l2 Is 6d (13 days or £1 a week): K. Hunt, watersider. Bower avenue, to pay J. G. Frederic £5 (six days or £1 a week); M. Strange, married woman, Robson avenue, to pay H. F. Rothschild £2l (22 days or £3 a week); C. A. Ownsworth, worker, Dunedin street, to pay R. Mac Lure £2 15s (three days).

B P. Siataga, labourer, Rahera street, to pay Boon and Company, Ltd., £3 10s (four days); J. H. Mcllraith, labourer, Beswick street, Kaiapoi, to pay Mason, Struthers and Company, Ltd., £2O 12s (22 days or £1 a week); A. C. D. Jeffrey, storeman, care of Jeffrey Brothers, Sylvia street, to pay A.M.P. Fire and General Insurance Company, Ltd., £25 5s Id (27 days or £1 a week); L. D. Kerr, labourer, Linwood avenue, to pay New Zealand Newspapers, Ltd., £25 Ils 2d (27 days or £1 a week); T. R. Bennett, worker, Armagh street, to pay Norwich Union Life Insurance Society, Ltd.. £57 4s 6d (60 days or £2 a week); H. Wakefield, labourer, Hoani street, to pay Osbornes Four Square Shop £l2 19s 6d (14 days or £1 a week); .T. L. Bartlett, workman. Gayhurst road, to pay D. A. McCaskey £lOl (three months or £2 a week); Hugh Grant Anderson, labourer, care of Bradley Bros., Ltd., to pay Michael Cosgriff £46 (48 days or £2 a week).