CHARGE AGAINST A PUBLICAN.

Lyttelton Times, Volume CV, Issue 12430, 20 February 1901, Page 3

CHARGE AGAINST A PUBLICAN.

ALLEGED BREACH OF THE LICENSING ACT. THE CASE DISMISSED. William Bnrnip, of the Criterion Hotel, was charged at the Magistrate’s Court yesterday morning, before Mr R. Beetjram, S.M., with selling liquor during prohibited hours. Mr Russell appeared for the defence. Sergeant Martin Rogers said that he, with another constable, went into the private bar, of-the Criteripn Hotel at half-past eleven o’clock on the night of Feb. 5, and found there the landlord, William Burnip, and two men named Tyrrel and Read. Got into the hotel when the landlord opened the front door to let two other men out. There were seven other men in the bar besides those whose names he had given., The two mentioned were not boarders. 'There were glasses of “ shandygaff ” on the counter that had been supplied to the two men. The landlord himself said they were not boarders. Constable Wade said when he and Sergeant Rogers went to the hotel on the night in question the front door was locked, but the landlord came to let out two men, and witness and the sergeant wont in, followed by the landlord. The door of the private bar was not locked, and there were nine men in the bar, a barmaid behind the bar putting bottles on the .shelf, and glasses of beer, “ shandygaff ” and whisky on the counter. Recognised two of the men— Tyrrel and Read—who were hot boarders. Tyrrel said the “shandygaff” was his, and the landlord said he had served the liquor, but would not say whether he had served it before eleven. The name of the barmaid he ascertained next day was Buckley. She left the bar almost immediately after the police come in. Joseph Tyrrel said he lived in Sydenham, and was in the Criterion Hotel at half-past eleven on the night of Feb. 5. He had been there from before eleven, and the ’ landlord asked those in the bar to leave as it was past eleven. Could not say how many men were in the bar, nor how many were boarders. Neither he nor his .friend Read were boarders. The liquor on the counter , that belonged tj> witness and Read had been supplied before eleven. Belonged to.a band, and- four of its members went into' the hotel after the theatre to settle up some band accounts. It was before eleven, find they had drinks round at once, and a second round after that, but still before eleven. It was this liquor that was on the counter when the police came in. His Worship found that the evidence was in favour of the liquor having been, supplied before eleven o’clock. He would dismiss the case. ■