The Licensing Law.

Horowhenua Chronicle, 28 January 1921, Page 3

The Licensing Law.

! CHARGES AGAINST LOCAL j T ÜBLICAN. j At the sitting of the Levin Magiaj traie’s Court to-day, before Mr J, L. | Hi wilt, S.M., Matthew J. Suhan, , litmus,.© of the Levin Hotel, was chargjod itii: (1) Unlawfully selling liquor | oa tin- night of December 2, 1920, and ■ (:.p lamping his premises open for the | Sid© of liquor during prohibited hours i on the same date. I Senior-Sergeant Fitzpatrick prosecu-t-d on behalf of the police, and Mr J. ; J. McGrath appeared: for defendant. ! ,v -o pleaded not guilty. | JL’foix proceeding with the case, Mr I McGrath made objection to the second j informaliwn, which had only been laid j Pixl morning. j S rgount Fitzpatrick said the two 1 charges were connected, and th© <vi- | denej to he taken would affect both. | His Worship said he would hear the ' V TviO itoo, [ WANTED A DRINK, j The .first witness was William Breare, j who said that on the night of DecemI Ik r 2 he was at the Levin Hotel, when C.WiHx'iL- Bagrie came in. There was no lighl. in the room. He went in be'cause he thought ther© might he a j chance of- getting a drink. 1 Mr McGrath; That’s a candid anI Scrg-nnr Fitzpatrick: Well, did you 1 g i a drink? j Wrings: Yes, a heir—a long beer. S rgvant Fitzpatrick: Who served yon ? Wi'i’cws: Getting, a barman. S rg'ant Fitzpatrick: Did you pay for it? VVh.wßs: No. rg ant Fi : zpa trick: Was any oayut made? Win ss; I didn’t see any; the room we:; in darkness. Wi imss, continuing, said he went pro In hotel with a man named ,Vi;Tn;!uen. who wanted some cigarj mis, Wi’mss asked for the drinks. I 1 ih-> harinan would not serve them, j and slid thrir coming into the hotel ■••"ild got him into trouble, as Suhan ••••>« ay. ay. Tin barman gave them a ’•■’dr -ml told them to “go for theii ! : IT r ' o'h.: You saw Mr Suhan at M piciurcs? Wii-ess: Yts. Mr McGrath: Would you have gone j to the hold after hours if you had j known Suhan was there? j Whirrs: No." i Mr McGrath: Did McConnon get th© mVro tes?

; i n : No. Alt McGrath: Gcttins refused you a A Ink -.1 JirsTV V. i ness; Yes. Mr McGrath: Dub you hung on? A'ini:->,: Yes, I was dry. A e M. Grath: Hid he not give you to got rid of you? s: Yes; to get rid of us. 'rAur McConuon stated that he Ti n t 0 the hotel to see if he could ■ ■ packet of cigarettes, o i': v ant Fitzpatrick: Hid you get :1: m? ’■Ainnss; No. 'in.’ S-'rgoant; Hid you get anything else? 'Aim ns: Yes, a beer. Getting refus'd io supply the cigarettes, hut raid lv ’ oiild give witness and Breare a drink if they would clear out, as ■h 'i; 1 b ing on the promised might get Idm into trouble.

This closed the prosecution, but Serg •ml Fitzpatrick pointed out that according ( 0 section 206 of the Licensing Act, it was nob necessary to see money pass or liquor consumed to constitute an offi nee. C ASF FOR THE DEFENDANT.

•John Gottina said he went to the L ■dii Hotel as acting barman and porter in November last. His hours from 9 a.m. till 6 p.m.

TFs Worship: He could not work in th- bar very well at any other time. .Witness, continuing, said on every

s"•■■:v■<■! nfo-ht he went on for two hours as porter to look after incoming tra- , . n-m. iio had no authority to go i.i i, , U bar after hours. There was ..u ecc.ts.ou whan witness had author!* iy ..a i vc> anyone after hours. He m memo-red the night McConnon and An; re came in. Hqi refused to soli At. JwU.ion a packet of cigarettes, but ga :l- them a drink to get rid of them. u . ;.m w in. re the bar key was kepi;, an i cent and gob it. He had no air.hori yto do so. Ho had never ii am on., boarder or otherwise, get a drink in the hotel after hours cxc pb froiu Mr or Mrs Suhan, To Sergeant Fitzpatrick: When boarders or travellers wanted refresh-

m n s alter hours during the absence <if the licensee, witness always told them to wait till Air Suhan returned.

Miuth’-w Suhan, the defendant, said that no employee, had authority to sell Ica r to -anyone in the hotel after hours. Boarders or travellers weio id,. ays .s Tvcd by Airs Suhan or witness. <ja the night of December 2 ■!m bar was locked up by witness before going out. He kept the key in

a (Rawer, and Getting had no authorily io use it. Geltins had been disiuß,;L(i as a result of his action.

To Derg, ant Fitzpatrick: Gettias would be acting within the scope of his o’.i.ies by serving liquor between 9 a.m. and 6 p.m. only. The keys of bedrooms and letter rack were in the office. ’ Getting had access to them. Tim bar kiy was kept in a drawer, and Ge.iins had no authority to use it. Wh acts had intended to take this key when. R_ went out, but forgot it. His Worship: You never had any intention to take the key with you to Urn pic! tires. Be honest about it. Yv'itucss' said the key was usually kept in the drawer when either he or Mrs Suhan were on ilhe promises, but when bodi wait out, he took the key. This closed the evidence, and Air McGrath asked, that both informations against defendant be dismissed, as the evidence disclosed that he gave no authority to the barman to servo liqitnr, and it was not the practice for employees to do so after hours.

If is Worship:-If he leaves the key, it looks as if the barman had eonws authority. Mr AlcGraih: At the worst the leaving of the key was an act of honest negligence.

His Worship said he would) give. defendant the benefit of the doubt. Where ho loft a man in charge, but without authority to enter the bar, the licensee should hare taken the bar key with

him. It was a case of negligence, hat there were some suspicions, seeing the key was left in the office. The informations would be dismissed. CHARGE AGAINST BARMAN.

John Gettina was then charged with; (1) Unlawfully supplying liquor in the Levin Hotel on the night of December 2, 1920, and (2) with unlawfully selling liquor on the same date. Mr J. McGrath appeared for defendant, who pleaded guilty to the first charge, and not guilty to th© second. Senior-Sergeant Fitzpatrick conducted the ease for the police. Constable Bagrie gave evidence that he visited the Levin Hotel on the evening of December ' 2 last. As h© went in at the front door he heard a scuffle in th© writing room on the left hand side. He entered and found) two men there, McConnon and Breare, On the table close to McConnon were two glasses half full of liquor. He asked tbe men what they were doing there, and they made no rtply. He then knocked on the office door, and the barman, Gettins, cam© out. He asked for the licensee, and Gettins said be was at the pictures. He invited Gettins to come to the room where the two men were, and asked if he would explain why they were there. Gettins replied “No.” Witness showed Gettins the two glasses, which were then empty, and) Gettins said he knew nothing about them. Gettins then asked McConnon if he had had a drink. He replied “No.” Witness turned to Breare and asked “Did von have a drink?” and h© replied: “It is no good denying it; you saw it.” Witness asked McConnon if he had any explanation for being on the premises, and he said he came in to get some cigarettes. To Sergeant Fitzpatrick: The writing room and office are quite close to on© another. Gettins at that time was relieving barman. He had the keys of the office, and had access to Tie bar. T« Mr_ McGrath; He was satisfied Gettins’ statement that the licensee was at the pictures was correct. It was not uncommon for guests at the liote Ito slay after closing hours. He did not dispute that someone should have charg, of the office and the keys when the licensee, was absent, Mr McGraih: Do you know if the drinks were paid for? Witness,; I didn’t trouble to ask.

Sergeant Fitzpatrick said as defendant pleaded guilty to the first charge, he would ask that the second charge be withdrawn. His'Worship said from the evidence heard in the previous case it seemed defendant had exceeded his authority. He had noted the good character given defendant by the police. A conviction would_.be recorded for supplying, and a fine of £5, with costs, inflicted, the second charge having been withdrawn by the police. ILLEGALLY ON PREMISES.

William Breare and Arthur McConnon were charged on the information of the police with being illegally found on the premises of the Levin Hotel on Hecember 2, during prohibited hours. Senior-Sergeant Fitzpatrick, T .ho prosecuted, said the information was laid under section 194 of the Licensing Act. On Hecember 2 Constable 1 Bagrie visited the Levin Hotel about 9 p.m. and found the defendants there.

Both pleaded guilty, and were convicted and) fined £1 each, with 7 / costs.