BARMAN ACQUITTED

Evening Post, Volume CXXXV, Issue 18, 22 January 1943, Page 3

BARMAN ACQUITTED

At a sitting of the Magistrate's Court in Petone last year, Mr. W. C. Harley, S.M., dismissed as trivial a case against a barman of a hotel for taking liquor away from - the hotel between 6 and 6.30 p.m., the liquor having been purchased before 6 p.m. The police appealed against the decision, and the | case was referred back to the Magistrate's Court for rehearing on the ground that the regulation [Stipulated a minimum, penalty and therefore the case could not be dismissed as trivial. A retrial took place before Mr. W. C. Harley in Petone on Wednesday, when, for the defence, Mr. WV M. Dickson raised the following points:~(l That the offence took place within ten minutes after closing time and as latitude was given customers to constime their drinks after 6 p.m. a similar latitude should be given to ■ remove liquor; (2) that the incident happened on August 3 and not August 6 as shown on the summons: and (3) that the defendant was caught before he left the alleyway of the hotel, and "was still on licensed premises, and therefore the liquor had not been removed. Mr. Harley ruled that to allow the time suggested in the first plea would give too much latitude for offences of this nature. - On-the other two points, however,, he held that the defence had proved its case, and the information was dismissed.