LICENSING CASE

Dominion, Volume 23, Issue 6, 2 October 1929, Page 16

LICENSING CASE

LIQUOR AFTER HOURS

FULL COURT ASKED FOR RULING

Au appeal from a decision of Mr. T. E. Maunsell, S.M., dismissing two charges against the licensee of the Royal Hotel, Nelson, was heard by the Full Court yesterday. . On the Beneh were the Chief Justice (Hon. DI. Myers), Sir Alexander Herdman, Dlr. Justice Adams, Mi - . Justice MacGregor, and Dlr. Justice Ostler. Dlr. C. R. Fell (Nelson) appeared for appellant. Edward Frank Smith, police constable, of Nelson, and Dir. AV. Perry (Wellington), with him Mr. S. H. Dloynagh (Nelson) for respondent, Keith Hickson, licensee of the Royal Hotel, Nelson.

The facts leading, up to the appeal, as stated, were that in June three informations were laid against respondent by appellant, alleging that on April 27 resondent sold liquor after hours, exposed liquor for sale after hours, and opened the hotel premises for sale of liquor after hours. The informations were heard before Mr. T. E. Maunsell, S.M., at Nelson, and respondent, having pleaded guilty to the first information, was fined £2 and costs 10s. Evidence was then given by appellant, who stated that on April 27 he was forty yards away from the door of the Royal Hotel, when he saw a taxi draw up. The driver entered the hotel. The outside door was shut, but not locked. Appellant entered the hotel, and found the the light was on in the bar, the door to which was open. On entering the bar appellant found that liquor was exposed. Five men—ineluding respondent and two boarders —were there. When the informations were heard, the Magistrate held that opening for sale and exposing were part of the transaction of sale upon which respondent had been convicted. These two informations were accordingly dismissed. The ground on which the appeal was made was that the Magistrate made an erroneous decision of law when he dismissed the two informations. Dlr. Fell, addressing the Court, stated that there were no bad circumstances about the case, but it was the wish of the police to have a ruling so that they might know how to act in a bad ease where these convictions would weigh under the Licensing Act. After hearing legal argument, the Court reserved its decision.