AUCTIONEERS AND THE LICENSING ACT.

Grey River Argus, Volume XV, Issue 1823, 9 June 1874, Page 3

AUCTIONEERS AND THE LICENSING ACT.

[west coast times june 6.] At the Resident Magistrate's Court on Friday, before G. G. FitzGerald, R.M., Messrs Pollock and Bevan, auctioneers, weie charged with having sold spirits, to wit, one quarter cask of brandy, on the 23rd May last, without having a wholesale wine and spirit license. The case was an unusual one, as was evinced by the Resident Magistrate in dealing with it. Mr Button, on behalf of the defendants, pleaded guilty to having sold the quantity of brandy on the date named, but contended that the sale was not a wilful infringement of the Act, as the regular custom of auctioneers selling spirituous liquors on behalf of the owners, was recognised in every day trading, and was likewise provided for in the 17th Section of "The Westland Public House, Ordinance, 1867," which reads as follows : — ' ' Any person exercising the trade or calling of an auctioneer, may sell, as agent for the owners, any spirituous liquors, wine, ale, beer, or porter— anything in this Ordinance to the contrary notwithstanding ; but any such auctioneer who shall sell or shall keep or expose for sale, any such liquor on his own account, shall be liable to the penalties mentioned in section 2 of this Ordinance." In the present case, the defendants might be said to be partly owners and partly, agents. The stock sold was portion of a consignment which had been, drawn against in iL the ordinary mercantile way. The consignment had been offered at auction, part of it had been publicly sold, and the balance was open for sale at the reserve price. Commissioner James pointed out. that the goods were not absolutely sold at auction ; that Mr Hansen the purchaser went and directly ordered the quarter-cask from the defendants. Mr Button was free to admit that it was not an absolute public sale, but only such an infringement of the Act, if infringement at all, as should cause the Bench to inflict the smallest penalty." The defendants were in possession of an auctioneers' license at L 25, and he considered that it was never intended that auctioneers should be compelled to take a LlO wholesale license in addition. The Magistrate stated that there had been groat doubt as to the proper construction of the Act on the peint at issue. It had been held, though he would not go the length of saying it was correct, that tho sale mnstbe *<£jle actiug in the capacity of auctioneer ana not as a wholesale vendor. The new Act was more stringent, bnt he hoped there would be some attention drawn to the matter during the next session of the Assembly, as at present there would appear to be some difficulty in deciding the point. The charge was admitted, and he should inflict a fine of 20s, and costs, 14s.