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Harris Friedlich appeared at the City Police Court this morning to answer a charge of Belling liquor—to wit, beer—without bei«2 duly licensed. Mr E. H. Carew, R.MT, presided, Mr 8. Soloiwoa appeared for defendant, who pleaded not guilty, Sergeant-major Bcvin said thot tjhe isasa rested upon the reading of section 8? of the Licensing Act. Defeudant had held a bottle licence for gome time. James'peck fi&id that on the 27th July he visited defendants Btorw in the evening and bought sixpenoa worth of bee?, Jlp was sorved by defendant's son. A gin bottle was taken in by witness, which he left on the counter, and which defendant carried away, taking the bottle into another room. Defendant returned with the bottle half-full of beer. A wire had been twined r>.und the cork and the head of the boitip, ft wfi.s not carefully wired. Witness went ouWde, and while he was speaking to a bootmaker residiug next door Constable Keenan came up, and saying '.'J am a constable," took possession of the bottle and its contents. The bottle produced was shnilar'to or.a taken by Constable'Keenan. '

Constable Keenan said that on the even ing of July 27 ho mpt tho last witness at the door of FriccUich'a store, and took from him the bottle produced, which was now in the same condition as it then was. Mr Friedlich. jun., admitted that he had supplied Peck with the beer, but said that he had a bottle license. Mr S.rlomon said that the case must fail. Defendant had not done anything wrong ; he had only complied with the provisions of the Act. The section of the Act referred to justified iu (-very way defendant's action. Defendant had been conducting this business for ."ome years, and 'vas not evading the Act ia any iviiy. There really was no case to answer. ftlr Carew said that the intention of the Act was to prevent liquor being Bold in bulk. The section of the Act referred to was easily evaded, but he did not see that the Act had been evaded in this special instance. Section 33 read: "A bottle license shall authorise the licensee to sell and dispose of, on the premises therein specified, but not elsewhere, any liquors, in bottles corked and sealed, capsuled or wired, of sixep, of which six or twelve are usually reckoned to the gallon, and not to be drunk in or upon the premises for which the license is granted," etc. Defendant had sold the bottles of liquor corked, and with a wire put around the head of the bottle and round the cork. He thought that the present charge must fail, because defendant had complied with the provisions of the Act. The case would therefore be dismissed.

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Bibliographic details

ALLEGED BREACH OF THE LICENSING ACT., Issue 7992, 22 August 1889

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