“OUT OF ALL PROPORTION”

Hawera Star, Volume LIV, 14 June 1935, Page 8

“OUT OF ALL PROPORTION”

Magistrate Comments on Danger of a Fixed Minimum Fine LICENSING ACT BREACH LIQUOR DRUNK IN CAFE (By Telegraph—Press Association.) WELL!NCITON, To-day. “The penalty is out of all proportion to the offence in this ease. This .s one of the dangers of tlio legislature m fixing a minimum penalty,” said Mr Luxford, S.M., in imposing a fine of £2O on George Kathistideo, jiroprietor of the Blue Bird Cafe, for permitting liquor to be drunk in the cafe at a time licensed premises were required to be closed. In entering a plea of guilty for the defendant, counsel pointed out that defendant was a Greek, who, according to the custom's of his country, always drank wine with his breakfast at about 8 a.m. On the Sunday in question he and a friend. Green, were having breakfast together in the restaurant, which was closed to the public, and defendant had committed the offence by giving Green a drink of his wine. Defendant had not offended against the spirit of the Act.

Mr Luxford said that defendant had a previous conviction for the same offence and he was hound hv law to he fined a minimum of £2O. He allowed a month to pay the fine, so that in the meantime counsel could apply to the Minister of Justice for a remission of part of the penalty. Green pleaded guilty and was ordered to pay costs, 10s, for having consumed liquor on the premises after hours.