ACTS OF BARMAN

Evening Post, Volume CXII, Issue 45, 21 August 1931, Page 9

ACTS OF BARMAN

LICENSEE- S, LIABILITY

' The question of; a. licensee 'a liability for-the acts of her barnian was argued before Mr. 'E. Pagej S'&.; £*to-day, when CisL/ Mira Brough, the licensee of the New Zealahder Hotel, was Charged with selling liquor after hpjirs. { ..'.';' Sub-Inspector Ldpdeli said 4hat some time ;b»t,frames Fearon/Mrs. Brough's brother, had been found-guilty of selling liquor after, hours: and, had , bepi. fined "£lO. Although he .had.pleaded riot guilty, the ._ Court had ..found that he had supplied a bottle of beer to two youths, but a charge of , supplying liquor to young persons had been, dismissed,- the- Magistrate deciding that the appearance of the youths was- not such as to make them evidently under age. The question now beforel the Court concerned Mrs. Brough'a • liability in the matter. Tearon had' been: seen repeatedly, by. the, police at, what appeared to, be part, of the organised, duties of the house, that oil stationing ja man at the door and in the passage attending to the licensee's interests, and the police alleged that/it was in > the course of that, duty, that Feardn had acted.' . ■■.'.''"'"• '.''.:•': \ ■''.;■'•

Sergeant Paine,'in evidence', said that it was the usual custom for a man' to be stationed.a,t...the;.front 'door of the hotel, but for the past three months it had not been so noticeable. V I r; Mr. W.1 Perry, who appeared for'the defendant, submitted that: the prosecution had not discharged iss t onus of proving that Fearon had ; had any authority from the licensee to sell liquor.

.;'After the Magistrate' li'adyheld that there was a prima facie.case to answer, Mrs. Brough gave evidence, saying that for the last;two years^ Fearonjhad had a position in the public bar during the day. ' After he had his dinner at night she did not.know what he did. He had no' authority to serve liquor in the private bar. ..'..■, '■..}. •"•'";.■.

Fearon also denied that he .had any authority to serve liquor at night. Mr. Pago said he would like time to consider the authorities quoted;'and he reserved his decision. ..;