UNUSUAL CASE

Manawatu Standard, Volume LVI, Issue 200, 14 July 1936, Page 2

UNUSUAL CASE

UNDER LICENSING ACT. OWNER OF HOTEL FINED. Unusual features were associated with a ease heard l>,y Mr J. L. iStout, S.M., in the Magistrates Court yesterday, when Ernest Albert Fcaruley, licensee of the Carlton Hotel, was charged with selling liquor after hours on July 5, and a barman, John Hickey, with supplying liquor after hours. J. L. Bennett, T. Harris (Okaia.wa) and S. W. Jones were charged with being found on the licensed premises after hours at the same time. Mr A. M. Ongiey appeared lor the defendants, and entered pleas of not guilty. Constable J. Matt gave evidence that, at 11.55 a.m. on Sunday, July 5, with Senior-Sergeant Moriarty, he called at the hotel, and found defendants in the bar. Jones said he had gone to the hotel to butcher meat and had later had a drink. Harris said he had been invited there by Bennett, who said he lived at No. 1 Lombard Street. Witness saw no money on tho counter. Bennett was the owner of the premises, and Harris was a visitor from Taranaki.

Senior-Sergeant Moriarty gave corroborative evidence, saying he had visited the hotel in consequence of a complaint received. Jones had a glass of beer in front of him. Bennett said lie had asked Harris in, hut was informed that lie had no authority to do so, as he was no longer licensee. The barman admitted serving them all. The licensee arrived later, s&ying lie had not known tho men were in the bar. “The facts in this case are not in dispute, hut the circumstances ar somewhat unusual,” coinmenetcd Mr Ongiey. He stated that Fcaruley’s lease had expired in June, but lie had continued to conduct the hotel in the capacity of manager for Mr Bennett, who, counsel contended, had found it necessary to go there oil Sundays, to check the stock, etc., which lie owned.

The Magistrate said that the owner had boon warned by the Licensing Bench to keep off the premises. Mr Ongiey said that most of the hotels in Auckland were under managers, and a similar practice was followed there.

The Magistrate commented that Bennett’s license had not been renewed because of after-hour trading. it was illegal for him to meet a friend outside and invite him into the hotel lor a drink.

Counsel said Bennett had gone there for the purpose of taking stock. The Magistrate said Bennett had been committing too many breaches ot tlio Act. If he was allowed to enter the premises at any time the position would be no better than iormerly. Counsel said Bennett went thero to conduct his business, as lio had been in the habit of doing each Sunday. The Magistrate said that did not entitle him to be on tho premises after hours. Counsel said that, although not tho licensee, Bennett should be treated as the owner.

The Magistrate pointed out that Bennett was doing something else when the police called. Concerning the case of Jones, stated counsel, he had gone there to deliver meat. The Magistrate: What right had | lie to carry on business on a Sunday? Counsel said that was another question than the issue before the Court. The Magistrate said it was not. Not having the right to carry on business on Sundays, this defendant was illegally on the premises. He had no right to be th*re Mr Ongiey said there was no sale of liquor, because it was not paid lor, although admittedly supplied. There was nothing to implicate the licensee.

J. L. Bennett gave evidence that lie was formerly tne licensee ot the Carlton Hotel, of which he owned the freehold, Air Fearnley’s lease had expired in J une last, and everything belonged to defendant, who took stock every Sunday morning, in accordance with the recognised practice. He and his family had their meals at the hotel, but did not sleep there. Defendant was taking stock when he was informed that Harris was looking lor him. Defendant invited him to have a drink as his guest. The hotel having no refrigerator, Air Jones brought tho meat on. Sundays by arrangement. Giving his decision, the Magistrate said that the licensee was in an awkward position, and the barman was unfortunate, as he was probably acting under Bennett’s orders. However, the law had to be observed. An ownei disqualified from holding a license because of his conduct was not entitled to go on the premises when he liked. The Magistrate said he could see a likelihood of trouble if this sort of thing went on. At the last meeting of the Licensing Committee it had been found that a hole had been knocked in the hotel wall, giving defendant a private entrance to which he had no right. Tlie Magistrate dismissed the c-harge against Fcaruley, the licensee, but fined Hickey Lo, with IDs costs. Bennett, Harris and Jones were each fined £2, with 10s costs.