LODGERS' GUESTS

Gisborne Herald, Volume LXX, Issue 21051, 24 March 1943, Page 2

LODGERS' GUESTS

LIMITED PURPOSES GISBORNE LICENSEE FINED FOR EXPOSING “Lodgers may have guests for certain purposes, but they do not have the right to issue a general invitation.” stated Mr. E. L. Walton, S.M., in the Gisborne Magistrate’s Court to-day when Mrs: Marjorie Ruth Bray, licensee of the Gisborne Hotel, was fined the minimum penalty of £lO under the emergency regulations for exposing liquor during unauthorised hours. The magistrate added that it was lawful for a lodger to invite persons to the hotel for the purpose of trahsaction’ of business, arid while transacting that business it was also lawful for drinks to be served. 'Senior-Sergeant H. H. Russell stated that a' visit was paid tb the hotel at 8.50 p.m. bh March 5 by Sergeant A. C.' Davis and "Constable P. Scholium, who found a number of people in the lounge. A slide at the end of -the room ivas open, arid liquor was exposed to the view of the people in the lounge. Beer in Lounge Sergeant Davis, in evidence, said • that $Er. Bi-ay was at the slide, behind which ivas a small bar. Those in the room included some American •Marines, soldiers, Air Force men and some youths. In the lounge were four glasses which contained beer.- To see into the bar a person would have to go up to -the slide. The three •youths stated that they had not .hud any liquor. ! A mafih'e 'partied Curtis stated that three "of thp men there were his guests. Mr. E. T. Brosnahan, for the defendant: Are you satisfied that these men were there as guests of the marine, Curtis? ' ' ‘", The witness: I believe it is correct. / To further questions, the witness said the airmen -in the room were lodgers. Constable P. Sqholjum corroborated the evidence of the previous witness, and this'closed the’.case for the prosecution.

Mervyn Alfred Murray, assistant manager of the hotel while Mrs. Bray’s husband was in the forces, said that any serving done Was carried ’out by the witness. While attending to the bar he Was doing office -work-and porters’ duties as well, owing to staff shortage. He did not serve liquor to any person hut a lodger. The slide was always closed when drinks were riot being served and persons in the lounge requiring liquor had to ring for drinks. “Jeopardises License’’ At this point, the magistrate asked if the -licensee had been given permission to have the slide put in. .Mr. Brosnahan explained that Murray had put: the slide in unwittingly. The magistrate: It jeopardises his license. Mr. Brosnajian said that when Murray discovered his obligations he notified the police of what’he had -done. Mrs. Bray said that because of the shortage of staff she was required to do all types of work in the hotel.. Sho did not know of the presence of too three boys in-the lounge. She had looked in immediately tin her return, arid the boys must Imre- entered- immediately afterwards.: Owing to her many duties it was not always, .possible’ to keep a chock on who was On the hotel premises. -Mr. Brosnahan submitted that a lawful rise was being made of the •slide. :1 ' ‘ '•! The magistrate:-They were .supplying liquor through -an unlawful slide." Mr. Brosnahan said that. Mrs.’-Brav felt she was supplying liquor to a lodger and his lawful guests and had done the best she could under the circumstances. The magistrate said that no doubt she was, but that did not excuse a breach of the law. Mr. Brosnahan submitted that a lodger was p,erjnitted to invite a'friend to the hotel to discuss' cop-mum interests and in doing "so 1:6 have a drink. 'The Mamie’s main pbject was to have company in .a strange town and that otlieVs to beat interast--i-nk - stories "froth overseas. . J> - - ■ “This case illustrates the -difficulties the licensee has at present ; n keeping control of the hotel,” said the magistrate in entering a conviction, “and in yiew of the fact that the law says that •the ’ minifeuhv ‘peri’alty: .'is '£ 10 T 'think. In inflicfirig ‘that" aniquht, I hni giyTrig adequate punishment.” ' A Charge against Mervyn Alfred Murray of unlawfully "supplying liquor was dismissed.* Robert- -Smith, fdr- being unlawfully on tbe premises, \yas fined £J and costs I.os, 'this .charge. being brought -under the Licensing Act, Mr. A. J. Stock, for the defendant, stating tjiat the defendant had 'gone to see a .friend arid did hot "Order drinks: ■ Hdnry " Airey, I charged under the emergency regulations with-supplying liquor, was fined £ 2 and costs : 10s. " '•," v