Convivial Lawyers

Hawke's Bay Tribune, Volume XVI, Issue 8, 21 December 1925, Page 5

Convivial Lawyers

Liquor at a Social INTERESTING LICENSING CASE. DECISION RESERVED. At the Napier Magistrate s Court to-day, before Mr. R. W. Dyer, S.M., Patrick Mahoney, license© of the Caledonian Hotel, pleaded not guilty io a lowing liquor purchased before closing time to be consumed on the premises alter closing time. Inspector Fraser appeared for the police and Mr. B. J. Dolan for the defendant. Inspector Fraser stated that the Law Debating Society held a dinner and: a social evening in tho Caledonian Hotel on November 21. The police paid . a visit to the premises at about 8 o’clock when they were informed that I>2 guests were present in the diningrooms and that 36 gallons of beer and six bottles of whisky had been purchased before closing hours. Several toasts were honoured in the usual wav* while the police were present. There was no provision-in the Act permitting liquor to be consumed after hoars by parties or societies who had permission to hire a room for social purposes. The licensee was only permitted to sell liquor to lodgers after closing hours. Sergeant Quayle stated that he visited the hotel and met the licenwe, who showed witness the permit, signed by the chairman of the Licensing Committee, for the Law Debating Society to hold their annual dinner, in the premises that night. Defendant admitted that a quantity of liquor had been placed in the dining-room before 6 o’clock. None of the defendant’s staff had entered the room after. 8 o’clock. Witness, on entering the room, noticed jugs of beer and bottles of whisky on the table. Witness remained in the room for about an hour, during which time several toasts were drunk in liquor. Witness later met the licensee and asked him if he knew that liquor was being consumed in the room and he replied that he had no knowledge of it, and that he had nothing to do with it. Witness told him to go in and see it for himself, but he refused. Witness added that there were no signs of drunkenness and everything was conducted in an orderly manner.. Mr. Dolan: Y’ou were there for about an hour?—Yes. And you were not asked to have a drink?—That is so. Besides the law-students there were several members of the Bar present?— Yes. x Witness named the members of the Bar present, who included all the leading barristers of the town. THE DEFENCE. Mr. Dolan submitted that re-unions of this sort had been held in Napier for many years past. Due application had been made to the Licensing Commottee, and granted, and the liquoi had been purchased before 6 o’clock. Ho contended that the room was as isolated from the licensed premises as if it had been in another building. T. H. R. Gifford, chairman of th» Law Debating Society, stated that n permit for the dinner was granted by the Licensing Committee which he handed to the licensee. All the conditions set out on the permit were duly observed. The liquor was .purchased two days previously and placed in the room before 6 o’clock. No liquor was brought into the room after that time To Inspector Fraser; Liquor was consumed after 8 o’clock. Mr. Dolan referred to section 164 oi the Licensing Act. which be contended gave exclusive control of the diningroom to the Society and for the time ceased to be part of tho licensed pre mises. The licensee could have been excluded if those who had hired it so desired. During that time the licensee was not responsible for whatever hap. pended and it was preposterous to think that he should be convicted for Inspector Fraser contended that the room so hired was still licensed premises and the licensee was to see that no breaches of the Act took place. Decision was reserved.