LICENSING LAWS.

Evening Post, Volume LXXIX, Issue 77, 2 April 1910, Page 9

LICENSING LAWS.

A LICENSEE PROSECUTED. ALLEGED SUNDAY TRADING. Following on the entry by the police into tlm Commercial Hotel on Sunday night, the 13th March last, George Pinnock, the licensee, was prosecuted in the Magistrate's Court yesterday afternoon, before Mr. W. R. Haselden, S.M., on the following charges :—(1): — (1) Opening his premises for the sale of liquor on the 13th March; (2) exposing liquor for sale on the 13th March ; ana (3) selling liquor to Daniel Anderson, who wast not a lodger, on the 13th March. Sub-In-spector Norwood prosecuted, and Mr. Herdman appeared for defendant, who pleaded nut guilty. Evidence wat. given for the prosecution by Sergeant Kelly, who said that he entered the hotel on the Sunday night in question, and found about a dozen men in a room adjoining the bar. There were glasses on the table. On peeing the approach of the police, they ru»hed into the passage, and the manager of the hotel. Van Delden, said to witness : "It's all right; they're all boarders." One of the men, who tiied to get out of the room, was under the influence of liquor. In submitting their names, some of the men gave information which did not correspond with entries in the accommodation book. Some of them had no luggage, and others gave fictitious names and addresses. Fully half-an-hour elapsed between the time witness entered the hotel and the time he examfned the hotel book. The Magistrate : Was there any indication that the book had been recently written in? Witness : Not exactly, but I came to the conclusion that the book had been faked. Constable Falconbridgt, who accompanied the previous witness on the visit to the hotel, also gave evidence. • Daniel Anderson said he went into th« hotel and purchased a drink, which he had half consumed when the police entered. James Walmsley also admitted that he entered the hotel for the purpose of having a drink, but the police intervened before he had time to order it. THE DEFENCE. In defence, Mr. Herdman submitted that if he could show that those who were supplied with liquor were lodgers in the hotel, he was entitled to a dinmissal of the informations. He said that the manager of the hotel bad taken every reasonable precaution to ascertain that the men found in the room were lodger?. It was further urged tbat a floating population was continually drifting in and out of the establishment. Edward Van Delden admitted that h« was in the bar when the police arrived. He was getting tome lemonade and biscuits for a boarder. \Vitness said he never supplied anyone with liquor without first ascertaining if they wtre boarders. George Pir.nock, who was licensee of tho hotel on the 13th March, stated that he had given strict instructions to the manager not to serv« drink lifter hours unless he honestly believed them to be for persons staying in the house. Mabel Hurst, bookkeeper in the office of tho hotel, gave evidence to the effect that the manager enquired from her several times during, the evening as to whether certain persons were boarder?. Tho Magistrate reserved his decision till next Wednesday. NOT GENUINE BOARDERS. Aris-tng out of the previous prosecution Terence M'Mahon and Herbert Pope were charged with having been illegally on licensed premises. Mr. O'Leary appeared for both accused, who pleaded not guilty. After hearing the evidence, similar to that in the former case, the Magistrate said that he believed the two men had enteied the hotel for the purposes of drink and that they were not genuine boarders. Each was fined £2, with costs 7s, in default seven days' imprisonment. Two other pro.-ecutions on the same lines were adjourned till next Wednesday on the application of Mr. Herdman.