MAGISTRATE'S COURT.

Lyttelton Times, Volume CXVII, Issue 18285, 22 December 1919, Page 4

MAGISTRATE'S COURT.

1 CHRISTOHUItOH. / air S. E. M’Cartliy presided at U\ ?Magistrate’s Court on Saturday. ! One first offender was fined ■' ,or , twenty-four hours’ impnsontnc.u Thomas Stevens was fined 10a, or ror.j eight hours' imprisonment, and A • Arthur Evans was fined 20s, or tor.veight hours’ imprisonment The Magistrate gave his reserved'no cision in the case in which Irank A Drowitt, licensee of the City Hotel, iva charged under the Licensing Act wit having failed to admit without up necessary delay a. constable, in tho e>re cution of his duty, demanding to cute suen licensed premises in pursuance o'section 227 of the Licensing Act, 1!)1~ Tho offence took place on Novomhe-. 16, at 9.8 p.m., on which evening Ser geant Walker and Constable Pn,ul. act mg under instructions, were visiting < number of hotels in Christchurch. Tin Magistrate stated that although tin barmaid was in tho bur for the purposi of selling liquor to boarders, and wu in charge, tlie licensee Intel to accep liability for his servant’s action. A licenseo could not escape liability be cause ho had given a servant instructions not to commit breaches of tin law. Tho barmaid had, . with fin others, general authority in tho hote at the tune, as tho licenseo was absent It might bo argued that because tli-r police officers gained admittance to the passage of the hotel that ’ satisfiec the section under which the action wa c brought. But tho police were delayed in their admission to tho private bar. and the right conferred by the section •sxtended to the whole of the licensed premises. Were it otherwise the ob feet of the section would be defeated. Defendant, therefore, would he convicted'and fined the sum of £5. and prdered to pay costs. In concluding the judgment the Magistrate said:- “ Although defendant has been sailing pretty close to the wind, I will not endorse his license. If his conduct has to be again reviewed I shall bear in mind the present conviction.”