HOTEL LICENSE

Hauraki Plains Gazette, Volume 52, Issue 3255, 21 April 1943, Page 5

HOTEL LICENSE

APPLICATION TO CANCEL FIRST CASE HEARD IN N.Z. HEARING IN PAEROA COURT An application by the police for the cancellation of the licence of the Criterion Hotel and of the licence of Mrs Mary Waugh, the first such case heard in New Zealand under the Licensing Act Emergency Regulations, 1942, was heard in the Paeroa Court on Tuesday, Mr S. L. Paterson, S.M., being on the bench. The grounds for the application were that the licensee had been convicted under the Licensing Act, 1908, on February 8, 1943, for supplying liquor after hours and that she had been convicted on March 8, 1943, under the Licensing Act Emergency Regulations 1942, of selling liquor after hours and on the same date was convicted under the Licensing Amendment Act, 1908, of supplying liquor to a native for consumption off licensed premises. A third ground was that she had on divers dates permitted persons to frequent the hotel premises unlawfully after hours. Inspector G. B. Edwards of Hamilton, represented the police while Mr E. B. Clendon, of Thames, appeared .for Mrs Waugh. Licensee For Nearly Two Years

Constable J. L. Brown said that Mrs Waugh had been the licensee of the Criterion Hotel for close on two years. During that time there had been a conviction in 1941 for a breach ■of regulations and from then on until early this year the hotel had been conducted in a fair manner as far as he could see. Since the beginning of this year she had been twice convicted for breaches of the regulations, once for supplying liquor to a Maori. He had paid close attention to the hotel after New Year due to a certain incident and saw considerable activity on two occasions on which the hotel was watched with men entering both

.by th*e front and back gates but on all occasions these men left by the back gate. These acts were suspicious and the watchers heard clinking of bottles. .Questioned by Mr Clendon, Constable Brown agreed that the first, offence was not of a serious - nature. Mr Clendon also asked Constable Brown if the Maori in the second case had not stated in court that Mrs Waugh was not the lady who supplied him with liquor but the Constable would not agree, stating to his knowledge no such statement had been made.

Necessary For Army

Mr Clendon then referred to a case ■of two young men fined for being on the premises since New Year, Constable Brown replying that these men had been refused liquor. The hotel was necessary for the Army men and the travelling public, contended .Mr Clendon but Constable Brown replied that there were three other hotels in the town. He admitted that the hotel was handy to the Army Office and therefore more convenient for the Army staff. Mr Clendon contended that the case should be dismissed because it had nbt been proved that the approval of the Commissioner of Police had been obtained for the case.

The magistrate replied that the case was on the Commissioner s approval and would not agree to a dismissal.

Mr Clendon continued, explaining that the licence was not now in the name of Mrs Waugh, haying been transferred to Mr B. B. Langley. As the licence was not now in Mrs Waugh’s name it could not now be cancelled, contended Mr Clendon.

Licence Changes Hands

Mr Clendon continued, con ending that the evidence was not sufficient : or the order cancelling the licence or for imposing a penalty of cancellation up to two years as provided in the regulations. As soon as Mrs Waugh was served wi.h the notice she wen. and saw the owners and agreed voluntarily to relinquish the lease, explained Mr Clendon, adding that Mrs Waugh would

be a substantial loser. Lieut.-Col. T. R. Dawe stated that he had been staying at. the hotel since 1939 and considered the hotel had been well run and he had not seen much after-hour drinking carried on. He had been perfectly satisfied with the conduct of the hotel. All the officers for the Army Office stayed at the Criterion Hotel and accommodation was already in short supply in iPaeroa. His office was short staffed because of the accommodation problem. To Inspector Edwards Lieut.-Col. Dawe admitted he was often out in the evening. He also admitted that he did not have every part of the hotel under his watch. .

If there had been a good deal of after-hours trading he would have known of it, said Lieut.-Col. Dawe. Army Take Over Hotel?

The Magistrate asked ..if the Army was so short of accommodation it had considered taking over the hotel, witness replying “no.” Capt. Wise said he was also a guest at the hotel and had seen no after-' hours trading. He was frequently in the hotel at night. The hotel had given him every satisfaction and he considered it essential for the use of the Army.

To Inspector Edwards he stated there were five officers and two staffsergeants staying at the hotel at present.

Testimonials were also handed in from Mr Edwin Edwards, the Mayor of Paeroa, Mr W. E. Westlake, manager of the Bank of New Zealand in Paeroa," a former guest at the hotel, Army Office, a regular guest, Mr E. J. Wilton, member of the Armed Forces' Appeal Board, a regular guest, Major G. B. Murray, Paeroa Army Office, a former guest, the manager of the Simons Proprietary Ltd., Paeroa, Mr Claude Handley and Lieut. C. B. MacDonald, all testifying that the hotel was well run. Details of Terms Wanted Details of previous convictions while in Napier and the difficulty encountered in securing a licence from the Thames Licensing Committee were given under cross-examination. The Magistrate asked for details of the lease, pointing out that he wished to know all the facts as it would affect his decision. It might be that the lease was such that it was impossible for the licensee to make a living without after-hours trading. This would affect his decision in considering the cancellation of the licence.

After an adjournment of half-an-hour details were supplied to the Magistrate in chambers. The Magistrate said that from evidence supplied it was quite evident the hotel was not paying and this would have to be taken into consideration in giving his decision. The Magistrate reserved his decision.