BARMAN'S SALE

Evening Post, Volume CXXIV, Issue 50, 27 August 1937, Page 15

BARMAN'S SALE

LICENSEE'S ABSENCE

TAITA HOTEL CASE

j The responsibility of the licensee of ■ a hotel for his barman's actions was discussed in the Lower Hutt Court ■ j'esterday, when the licensee of the ' Taita Hotel, Norman Stephenson, was \ charged with exposing liquor for sale, keeping licensed premises open for ■ the sale of liquor, and selling liquor after hours. The barman, Martin , Marcus Friectlander, was charged with exposing liquor for sale and supplying liquor after hours. Mr. H. P. Lawry, 5.M.,. was on the Bench. Sergeant J. W. McHolm prosecuted, and Mr, J, J. McGrath entered pleas of not guilty on behalf of both defendants, , Constable K.Griffith said that at 2.30 p.m, on Sunday, July 25, he visited the Taito Hotel in company with Sergeant McHolm and Constable L, Gordon. He entered by the front door, Bnd in the bar found two men and a porter, in addition to the barman, who was behind the bar. There were two 2s pieces on the counter and the barman was filling two glasses with whisky, The barman said he was in charge and he had no explanation. "You have seen all there is to see," the barman had added. In reply to Mr. McGrath, the witness said the licensee had left the premises and was on his way to Pahiatua. Mr. McGrath said it looked as if the barman had made a sale and he would withdraw his original plea on the barman's behalf and substitute one of guilty of supplying after hours. There was not the least doubt, he said, that the licensee was away at the time, and when he was away he did not leave Friedlander in charge of the liquor. The barman did not nyet} have the authority to serve the ten or twelve boarders. Friedlander had the key of the bar so that he could have access to the stores, cigarettes, and change. He had: entered the bar; to getcigaretter for; the porter and when the two men Carried in with the porter he foolishly served them. Stephenson "had a temporary licence, and although he had been in the hotel only three months he already had a conviction against, him when he foolishly volunteered to "shout1' a drink after hourgj and the person concerned said he would pay.' He- would come . before Mr. Stout, 5.M.,, at Otaki. next week whon applying'for =a -permanent transter of th»; licence, and it would not go well with him if "he; had two. convictions against him in three months. There was no evidence, that the barman had any responsibility delegated to him-by the licensee. , "' Sergeant McHolrri: The barman is a full-time one. .'.'.. ■ In evidence, Friedlander stated that he was fprinerly a licensee of hotels. The licensee Jha'd left for Pahiatua and : witness had, no authority to. supply "anyone with liquor. He .had entered the bar to get cigarettes for the porter. He admitted that he ; had: done? wrong on "this occasion. i '■':'-. '■'.-'" .' ; • ' ■ In reply to Sergeant McHolm,' witness ■ admitted that ., ,he,iook 'money from boarders. He 'told' the' Magistrate that he had supplied guests* with liquor at night. In.reply to Mr. McGrath, ..witness stated that guests could also pay waitresses when tiv>. licensee was not about: '■' * ■ ■; ; ' ; ' : ■ '•' ' ■ ■ " ' ' Stephenson said that at the time of the offence he was on his way to Pahiatua ; and the barman had no .to sell liquor during, ,his absence. ■"..;.' ■•:-<• ; . ■ After legal argument with Mr. McGrath .on .the responsibility .of a licensee for a barman's actions, the Magistrate said he would reserve his decision on the charges against the licensee, but he would deliver it before tho ; Otaki licensing meeting. Friedlander w6uld bo fined £2 and costs t of supplying liquor after hours. The other charge against him was withdrawn. - :