MAGISTRATE’S COURT Seven Liquor Charges Against Restaurant

Press, Volume CVI, Issue 31206, 2 November 1966, Page 10

MAGISTRATE’S COURT Seven Liquor Charges Against Restaurant

Three of seven licensing charges against Restaurant Malando (1965), Ltd., were dismissed by Mr G. A. Nichols, S.M., in the Magistrate’s Court yesterday. The defence case is still to be heard on the other four charges. The company was charged with failing to remove bottles and other containers in which liquor was supplied from the dining-room after midnight; allowing the consumption of liquor at 12.30 a.m.; supplying liquor to persons not partaking of a meal (two charges); unlawfully keeping open premises for the sale of liquor: exposing liquor for sale after hours; and supplying liquor to persons when not authorised to supply if. Mr R. McClelland appeared for the company, and pleas of not guilty to each charge were entered. Constable Alan Robert Reilly said that, with Coft*’ stable Elizabeth Helen Rattray, he first went to the restaurant on instructions on Friday, September 2. They were shown to a table and ordered a meal and a bottle of wine. The wine arrived first and both drank a glass before the meal came. After finishing the meal and getting the bill, he ordered another pint bottle of wine. This was supplied, and the price was added to the bill.

Constable Reilly, cross-ex-amined, said he told the waiter that they had finished their meal before the second bottle of wine was brought. They again went to the restaurant about 11 p.m. on Saturday, September 10, declined a meal, and said they would just like a quiet drink, said Constable Reilly. They drank a bottle of wine, and at 11.50 p.m. ordered and received another bottle. Constable Reilly said he asked the waiter what time they stopped serving customers, and was told: “When everybody has left, and that won’t be for quite a while.”

At 12.40 a.m. they left the restaurant and took with them a bottle containing a small quantity of wine. The waiter obtained a cork for this bottle.

After midnight bottles were still on the tables and on shelves. At no stage was there food on their table, the witness said. Mr McClelland asked Constable Reilly whether he was being charged with any offence. He replied, “No.” Constable Reilly denied that he looked at a menu at any time. He said he looked at a wine list. He also denied that a waiter came across at least twice and asked if they were ready for a meal.

“Part of your job was to mislead them into breaking the law if you could, and as part of this deception, you allowed him to get a menu,” Mr McClelland said.

Constable Reilly: I did intend to tell him before not to get a menu, but I had no chance. In a statement read to the Court, the manager of the Malando, Frederik Johann Visser, said that on September 10 he was unable to supervise the waiters later in the evening, as he was attending to members of the Israeli Philharmonic Orchestra. He was concerned about a newspaper article a few days before in which one of the orchestra’s members had made some critical remarks about New Zealand.

“Had I been free, I would have noticed all of this,” he said.

Visser said that patrons often took empty bottles from the restaurant as souvenirs. Occasionally some were partly full, and since they had been paid for patrons wanted to take them away—it was the usual practice. Mr McClelland said that an application for an extension of hours for the restaurant was before the Licensing Control Commission and that its approval was delayed because of the illness of the head of the commission.

Sergeant M. Brown, who read Visser’s statement, said that the police knew the application was before the commission. Mr McClelland submitted that the constables took advantage of an exceptional evening when members of the Israeli Philharmonic Orchestra were at the restaurant, and they went in plain clothes.

The Magistrate decided to dismiss the charge of

supplying liquor without a meal, on September 2, saying that, although technically it might have been correct, in the circumstances he would drop it He also dismissed the charge of unlawfully keeping open premises for the sale of liquor, and that of exposing liquor for sale after hours. The hearing will continue today. fined no Seaton Stuart James Benny was fined £lO and disqualified for three months on a charge of driving without reasonable consideration. CHARGES DISMISSED ' A charge against Margaret Elmsley, a shop assistant, of careless driving bn April 30 was dismissed. She pleaded not guilty, and was represented by Mr J. R. Woodward. A charge against Kevin George Hames, a salesman, of failing to give way when turning right was dismissed after a prosecution witness, who had been subpoenaed, did not arrive at court. The defendant pleaded jiot guilty, and was represented by Mr R. G. Blunt. (Before Mr K. H. J. Headifen, S.M.) FINED £lO Clive Elliott Unton, aged 10, an apprentice electrician (Mr K. J. McMenamin) pleaded guilty to a charge of exceeding 30 miles an hour after it had been reduced from a charge of driving at a speed which might have been dangerous in Simeon street on July 14. Linton was convicted and fined £lO. Traffic Officer Taeke Launder said that he had checked Linton’s speed at 48 miles an hour by microwave. FINED £5 Garry Raymond Johannis, aged 33, a mechanic <Mr P. G. Hill) was convicted and fined £5 on a charge of carelessly using a motor vehicle in Colombo street on June 28. Johannis pleaded not guilty. FINED £4 Robert Logan King, aged 18. an apprentice carpenter (Mr H. J. B. Quigley) was convicted and fined £4 on a charge of carelessly using a motor vehicle in Hoon Hay road on June 11. King pleaded not guilty. CHARGE DISMISSED A charge against Ronald Hunter Battersby of operating a motor cycle In Cathedral square on August 11 without a silencer was dismissed. (Before Mr H. J. Evans, S.M.) OTHER TRAFFIC PROSECUTIONS In other prosecutions brought by the Christchurch City Council traffic department, convictions were entered and penalties imposed as follows, with Court costs of £1 10s on each charge:— Careless use of a motor vevehicle: Brian Douglas Quinn, £6; Margaret Bailey, £5; James Nicol, £6; Charles James Sheehan, costs only; Johannes Dyk. hoff, £7, disqualified for one month; Hilton Mako, £7, disqualified for three months from today; Wilfred John Dallow, £3 (failed to supply name and address, £5); Gilbert Brian Hardaker, £8 10s; lan Trevor Proctor, £4 10s.

Speed might have been dangerous: Anthony Maurice Butler, £2O, disqualified for 12 months; Stuart Gary Akers, £l5, disqualified for one year; David Russell Williams, £25, disqualified for 15 months; Ngahi Jack Barber, £l5, disqualified for one year; Richard Darrel Edkins, £2O, disqualified for one year; Peter Anthony Hartshorne, £l5, disqualified for one year; Richard John Hudson, £8 10s, disqualified for one year. Exceeded 30 miles an hour: Bryan Scott McHerron, £8; Anthony Richard Nixon, £l2 10s, disqualified for one month; Kimberley John Barr, £5 (no safety helmet, £2); Gavin Garrod Bradshaw, £6; Larry George Blackler, £5 10s; Peter Allan Driscoll, £4; Norman Stuart Barlass, £7; Peter David Roy Drummond, £4; Lindsay Russell Hamilton, £5 10s; John Henry Moore, £5 10s; William Arthur Sellers, £7; Lila Te Huhia, £5 10s.

Failed to give way when turning: Russell Guise Rigby, £3; Cecil Thomas McAloon, £3 10s; John William Bates, £lO HO)*** 1 t 0 supply formation,

, F * iled . to give way to the Arthur Nelson Gerrand, £8; . Brian Albert Powell, £6; Robert Kevin Proctor, £8 10s: Dorothy Kathleen Black. £4: Eric Alan Voyce, £5. Failed to give zway to pedesCharleS Syd - Failed to give way at a gives'??. ? lgn: Thon >as Adam Richardson, £7.

Failed to stop at a stop sign: Russell Charles Henderson, £7. Failed to comply with traffic lights: William Douglas Shennan, £8 10s. Parking offences: Peter Jamieson Beaven, £6; George Edward King, £1; Marlyn Robert England, £1; Robert Sydney Buckley, £3; Merton Stuart Buillvant, £3; James Warren Gillard, £1; William Lovatt Glendenning, £3; William Hurlie, £1 (failed to supply information, £5); Gray Desmond Jamieson, £l.

Unlicensed motor - vehicle: Leonard Alfred Ford, £lO (no warrant of fitness, £3); John Kerry Christensen, £4; Murray Richard McAvey, £6; Rupert William Watson, £3 10s.

Exceeding heavy traffic licence: John Brightling, Ltd., £6 (exceeded rear axle weight, £6); Middleton Timber Company, £6.

Failed to carry heavy traffic licence: Hugh Malcolm MacDonald,, 14; McKay Contracting, Ltd., £5. - No heavy traffic licence: Linford Charles Kerr, t 4. No rear red light on a goods service vehicle: Peterus Paulus Blokker, £4; Cedric Wright Armstrong, £3 10s; Colin Maitland Stocker, £2 10s; Giles Francis Hayes, £5; Johannes Theodarus Le Brun, £4; Bruce Fergusson Milner, £4; Barry William Prisk, £4.

No headlight on power-cycle: Rodney Neil Harris, £3 (no rear red light, £1). No warrant of fitness: David Graeme Booth, £1; Maurice Marshall James, £2 10s: Colin William Woodward, £1 10s. No driver’s licence: Bryn Vincent Evans, £1 (no warrant of fitness, £1). Insufficient lights: Jack Reeve Ratima, £6. No safety chain attached to trailer: Joseph Christian Storer. £2. Cycling no hands: Anthony Maurice Blacklock, £l. (Before Mr E. S. J. Crutchley. S.M.) DROVE UNDER INFLUENCE Allan Johnston, aged 33. a driver’s assistant, was remanded on ball to November 7 for sentence after he had been convicted on a charge of driving under the influence of drink or drugs in High street on August 28. He pleaded not guilty and was represented by Mr J. G. Leggat. TRAFFIC CASES In other traffic prosecutions brought by the Christchurch City Council traffic department convictions were entered and penalties imposed as follows, with Court costs of £1 10s on each charge:— No warrant of fitness: David Albert Mclntyre, £3; George Edward Tinkler, £0; John David Parr, two charges, £2, £2; Rince Van Wieren, £2 (no safety chain, £5). No safety chain: Horace Stanley Papps, £5. Exceeded 30 miles an hour: Noellne Dawson Whiting, £6. No driver’s licence: John David Graham, £2. Failed to display L plates: Graeme James Duncan, £1 (carried pillion passenger, £1). Parking offences: Noel Te Hau Wakefield, two charges, £l, £1; Jan Murray. £1; Graham Irving Thomas, £1; Brian Annett Newell, £3. Failed to give way: Kevin James Smallridge, £lO, disqualified for six months from November 8. Exceeded heavy traffic licence: Rhinds Transport Lyttelton, Ltd., £5 (exceeded axle limit, £3). Failed to notify a change of ownership: William Perham. £2 10s. Failed to carry a heavy traffic licence: Ron Taggart, Ltd., two charges, £5, £5. (Before Mr E. A. Lee, S.M.) FINED £lO Bernard Joseph Jackson, a salesman, was fined £lO on a charge of failing to give way when turning to the right on August 23. He pleaded not guilty and was represented by Mr L. M. O’Reilly. CIVIL CASES (Before Mr K. H. J. Headifen, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: F. A. Bush, chambermaid, Neill street, Hornby, to pay Burnwell Coal and Wood Supply £4 7s Od, in default six days’ imprisonment, warrant suspended while £1 a week is paid; S. J. H. Aston, worker, Liverton crescent, to pay the Christchurch City Council £8 15s (II days or £1 a week); Joseph V. Fitzgibbon, workman, Hounslow street, to pay B. Norcliffe £79 5s 5d (30 days or 10s a week).

John Henry Ensor, farmer, Town belt, Lincoln, to pay Commissioner of Inland Revenue £lB 12s Id (21 days or 10s a week); K. C. King, worker, Vancouver crescent, to pay Reese Bros., Ltd., £B4 12s lOd (88 days or £1 a week); E. Langley, settler, Cranford street, to pay Sedley Wells, Ltd., £8 10s 6d (10 days or 10s a week), B. P. O’Connor, workman, Avalon street, to pay Autocrafts (1903), Ltd., £l2 12s fid <l5 days or £1 a week); G. B. McAllister, workman, Forfar street, to pay Autocrafts (1903), Ltd., £36 12s 6d (40 days or £1 a week); W. R. Miller, steward, Mathers road, to pay Christchurch Electrical, Ltd., £6 15s (eight days or 10s a week). M. Cotton, housewife, Watts road, to pay the Christchurch City Council £8 Ils 5d (10 days or £1 a week); F. McClure, labourer, Broughton street, to pay Burnwell Coal and Wood Supply, £5 16s 3d (seven days or £1 a week); Charles Len Dunstan, labourer, Willryan avenue, to pay Andrews Lees (N.Z.), Ltd., £76 4s 3d (80 days or £1 a week).

J. Gowans, labourer, Ahuriri, to pay the Christchurch Press Company, Ltd., £8 16s lid <lO days or £1 a week); G. E. Radburnd, foreman, Stavely street, to pay Guthreys Freightways Ltd., £7 3s 2d (nine days or £1 a week); E. Estriech, rubber worker, Norrie street, to pay McKay Metal Products, Ltd., £6 8s 6d. (seven days or £1 a week). B. D. Lawrence, builder, Tenby place, to pay P. Montfort, £6 12s lOd (eight days or £1 a week); F. Hurla, workman, -Churchill street, to pay R. C. Idlens, Ltd., £l9 3s (21 days or £2 a week): G. F. Holder, workman, Pitcairn crescent, to pay the New Zealand Farmers’ Co-operative Association of Canterbury, Ltd., £127 17s 5d (three months or £2 a week).

Eugene N. Carpinter, clerk, Solvent place, to pay I. Crockett, £l5 8s td (18 days or 10s a week); Thomas Albert Waller, rubber worker, Clifton terrace, to pay Elaine Moody, Ltd., £37 (40 days or £1 a week); Stan King, restaurant proprietor, Riccarton road, to pay Barry Joseph Stammers, £4B 8s «d (44 days or 10s a week). B. McGuire, care of Rapid Dispatch Carriers, to pay the Christchurch City Council £l6 18s 8d (18 days or £1 a week); Walter Craven, painter, Armagh street, to pay T. H. Barnes, £B4 (88 days or £1 a week); F. Ching, married woman. Greenhaven drive, to pay Messrs E. S. and E. L. Osborne, £3l ts lOd (35 days or £1 a week). J. G. Dickson, steward, Lambeth crescent, to pay D.1.C., Ltd., £lB 9s lid (21 days or 10s a week); T. J. Murray, workman, Mattingley street, to pay Quality Tailors and Menswear, Ltd., £lB 10s 6d (21 days or £3 a week); N. S. Martin, housewife, Halber gstreet, to pay Cllveray Services, £23 16s 6d (26 days or 5s a week). D. C. Shieffelbeln, workman, Salisbury street, to pay Robert Francis Ltd., £l7 17s (20 days or £2 a week); H. M. Wanstall,

workman. Clyde road, to pay Mayfair TV and Home Appliances, Ltd., £24 Us (38 days or £1 a week); K. Blair, display artist, Toorak avenue, to pay Butler Graham Advertising Ltd., £2O 3s Od (33 days or £1 a week). M. W. Nudds, married woman, Cashel street, to pay J. O’Neiill, £35 15s (30 days or 10s a week); D. Glozier. dealer, Geraldine street, to pay Industrial Machinery. Ltd., £276 10s 6d (three months or £1 a week).