THE LICENSING ACT.

Lyttelton Times, Volume CXV, Issue 16550, 14 May 1914, Page 10

THE LICENSING ACT.

SERVING AN INTOXICATED PERSON.

LICENSEE AND BARMAN FINED. At; the Lyttelton Magistrate's Court yesterday before Mr H. W. Bishop, •S.M., George Olive Shields, licensee of the Albion Hotel, was charged with having, on April 17, through the act of one Henry Martin, sold liquor to Annio Knott, a person already intoxicated. Sbicld was further charged with having permitted drunkenness on the premises. Henry Martin, the barman at the hotel, was also charged with having sold liquor to an intoxicated person. Mr W. Hoban, on behalf of the defendants, entered a plea of not guilty. Senior-Sergeant Ryan said that on the day in question Mrs Knott and her husband entered tho Albion Hotel about 1.30 p.m., and the woman, after having a drink with her husband, refused to go home. At 3.30 p.m. Knott returned to tho hotel to seek his wife and found her in the place drunk. Subsequently she left the hotel and was so drunk that she fell down on tho road. Knott then went to th.. police station and a few minute" infore 4 p.m. . the woman was arrested for drunkenness. Shields had admitted to witness that he saw tho woman in the hotel. . Annie Knott said she had recollections of April 17, having met her husband in Norwich Quay and obtained some money from him. They then went into the hotel and her husband had a shandy and witness a porter-gaff. Later she purchased a shilling's worth of brandy and a friend wanted a couple of drinks. These were all she. had. ~..T0 Mr Hoban: She was sober when she went into the hotel and had drinks in the side-room. Her husband gave her two sovereigns and 3s (sd, and next morning at the police station she was informed that she had it all with the exception of five shillings. She was not ordered out. by the barman ; Her long sojourn in the hotel was due i.o her making a bargain over some fowls. William Knott also gave evidence. To Mr Hoban: The barman had s;'id to her that she had better get out.

Mr Bishop: It was the duty of the barman to send her out. Robert Lambert said he ,va?i a barman at the Albion Hotel, and recollected May 1". when he took charge of tho bar at 3.15 p.m. Ho saw .Mrs Knott at the slide in the side-room. She asked for a drink, but witn?ss said he thought she had had enough. Ab, nt seven or eight minutes later she w*nt out. Witness had ordered her out when Mr Knott spoke to him. To Mr Hoban: He did not supply her with liquor. Shields came along and asked what tho woman was doing there, and witness said that he had just pushed her out. . To Senior-Sergeant Ryan : Martin was in the bar prior to 3.15 p.m. Sergeant Clarkson said that about 3.50 p.m. on April 17 Knott came to the police station and spoke about his wife lying drunk in the street. Witness found her helpless and arrested her. Later he returned to the hotel and saw Lambert, who said that tho woman was on tho premises about eight minutes previously. For tho defence, Mr Hoban called George Alwe Shield*, the licensee, who said that he was talking to a traveller when he saw Mrs Knott coming along tho passage. The woman was then slightly intoxicated. Mrs Knott then offered him a shilling to gat some brandy, but witness told her he could not supply her as she had had enough. Immediately he went to the barman and asked why she had got in that state. The barman said ho had not noticed her. Before 3 p.m. witness was relieving the, barmaid .in another .'oom. It was Tiot his usual custom to inspect tho side-rooms during the day, as he. had had no cause for complaint, but would do so in future.

Mr Bishop: Ycu will make it your duty to look through tho rooms after this; if not, you won't bo long in the house.

Henry Martin, the barman, said he remembered sorring Mrs Knott with ono shilling's worth of brandy. Amy Coombs s;iid she was in the hotel, and saw Mrs Knott get a shilling's worth of brandy. Mrs; Knott had two drinks, witness " shouting " on both occasions.

Mr Bishop said that in his opinion he was asked as in many other cases to believe utter impossibilities. There was no doubt of the fact that the woman had got " beastly drunk," and in the interests of the public the barman should be competent. Defendant would be fined £5 and easts for serving the liquor to the woman, and a similar fine would be imposed on the barman. The charge of permitting drunkenness would be dismissed. He would not endorse the license. Mr Hoban said that the whole of the penaltv would fall on the licensee, and he asked for a lighter fine. The fine of £5 against Shields was then reduced to £l, the other penalty remaining untouched.

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