Licensee Convicted On Three Charges, Fined On One

Northern Advocate, 15 January 1940, Page 7

Licensee Convicted On Three Charges, Fined On One

■ Taking into consideration the stated fact that a defendant, who wished to appear, despite having instructed a solicitor, had been delayed by motor trouble, the magistrate (Mr. Ferner) adjourned the hearing of the case at the Whangarei Court this morning until this afternoon. When the case was resumed this afternoon, however, the defendant did not appear in court.

He is Frank Kingsley Burrell, hotel licensee, charged with having exposed liquor for sale after hours, with having sold after hours, and with having kept open for the sale of liquor after hours. When the case was called this morning, Mr. E. A. Harrison said that although he had been instructed by Burrell to plead guilty to one charge, Burrell had rung the inspector of police and had informed him that he was coming to Whangarei and would like to be heard. He had again rung this morning and had stated he had been delayed by engine trouble at Wellsford. Mr. Harrison asked if the case could be stood down, the magistrate adjourning it until this afternoon. “Unusual Application.” When Mr. Harrison stated at the resumption that he would plead guilty to the keeping open for sale charge, Senior-Sergeant A. Henderson said he had been - instructed to apply for convictions on the three charges, and not, as was usual, to apply for the withdrawal of two charges after a plea of guilty had been entered to the other charge. The magistrate pointed out that the application was unusual and he would not ask for a plea respecting the other two charges until he had heard what Senior-Sergeant Henderson had to say.

“The circumstances are somewhat unusual,” said Senior-Sergeant Henderson.

“There has been considerable afterhours trading going on. “On December 18, four days before the date of these offences, Burrell had been convicted and fined £5 for selling after hours, an information relating to keeping open being withdrawn.

“My instructions are, unless Your Worship decides otherwise, to ask for a conviction in each charge.” He quoted an authority regarding convictions on all three charges.

With Sergeant A. Bfsset he had visited the Commercial Hotel and had seen three men standing by a small liquor bar, continued Senior-Sergeant Henderson.

One of the men had gone out by the back door and the police had found one man had a bottle of beer and the other man had four bottles of beer. They had admitted having been supplied by the porter, who had admitted having served them. “Several Others Came In” “While we were interviewing the porter, several other men came in and left hurriedly when they saw us,” he said. He had looked out of the back door and had seen 10 or 12 men crossing the yard. Burrell wore his dressing gown when interviewed, and said he had been taking a bath and had left his keys with the porter. Burrell had said he had instructed the porter not to sell except to boarders. In the backyard one man had been found in an intoxicated condition. In the lounge the police had found several tables littered With:bottles and glasses, some containing liquor, pnd the room was full of smoke. There was nobody in the lounge, but aparently the men whom he had

seen crossing the yard had been in the lounge. A door opening into Vine Street, which could only be opened from the insi'de, had been found unlocked. After the licensee had been convicted previously, he had been told net to give the keys to any other person. “What actuates you to ask for convictions on the three charges?” asked the magistrate. Senior-Sergeant Henderson: The bar was open, men were there and liquor was being served. Special Circumstances The magistrate: “I know that probably you could show sufficient evidence to warrant convictions, but what are the special circumstances? Senior-Sergeant Tfenderson: These offences coming so soon after the previous convictions, and the hotel being practically wide open for the sale of liquor. Those are my instructions. The magistrate: What have you to say, Mr Harrison? “We have pleaded guilty to keeping the premises open and the 'facts have been fairly stated,” said Mr Harrison. The magistrate: But what about the other two charges? An authority, binding on this Court, has been quoted and the police ask for convictions on the three charges. Mr Harrison: I thought the seniorsergeant might withdraw the other two charges at your suggestion. The magistrate: I have no authority to direct that they be withdrawn, or to dismiss them as trivial. Mr Harrison: The facts are not extraordinary, but under those circumstances I will have to plead guilty to all three charges. The offences had taken place on the evening of December 22, which was celebrated as Christmas Eve, continued Mr Harrison. After 6 o’clock Burr.ell. had instructed his porters to clear the bars and until he went upstairs no liquor had been sold. Burrell instructed his under-man-ager and his porter not to serve liquor except to bona fide guests, but the porter had served liquor. Owners’ Regret. On behalf of the owners of the hotel, said Mr Harrison, he wished to say that they regretted what had. occurred. and they had taken steps to remedy the position. The magistrate: It is within my personal knowledge that that has been done. Burrell will be convicted on all three charges. On the charge of having kept the premises open, Burrell was fined £lO, with 10/-*- costs, and on each of the other charges he was convicted and discharged.

Stanley Ruddell, hotel porter, charged with supplying liquor after hours, entered a plea of guilty through Mr Harrison, and was fined £2 and 10/- costs.