Not Necessary To Analyse Ale

Northern Advocate, 2 August 1949, Page 5

Not Necessary To Analyse Ale

WELLINGTON, Tue. (F.A.)—Holding that two unopened bottles of liquid bearing the brand of a well-known make of pale ale must be considered to contain ale, Mr J. S. Hanna, SM., entered a conviction in a reserved judgment given in the Magistrate’s Court today in respect to prosecution against a student for having liquor in his possession at the university capping ball in May last. Defendant was John Edwin Horner, and the case for the police, which was heard on July 1, was conducted by Sub-Inspector McKie. The magistrate imposed a fine of £2.

The defence was that the bottles, which the police stated had been seized from defendant at the ball, had not been proved to contain intoxicating liquor Counsel for defendant had submitted that the definition “intoxicating liquor” as given in the Licensing Act required that all alleged liquor had been analysed before it could definitely be held to be intoxicating liquor. / The definition “intoxicating liquor” as given in the act was “any spirits, wine, ale, beer, porter, cider, sherry, or other fermented, distilled or spirituous liquor which, on analysis, is found to contain- more than three parts per centum of proof spirit.” "OTHER” KINDS ONLY Counsel had submitted that the analysis provision applied to all liquids mentioned in the definition. He said that certain magistrates had upheld this submission. Mr Hanna, in his judgment, said a decision by Mr J. H. Luxford, S.M., in Auckland, was to the opposite effect—namely, that the necessity to analyse the contents of the bottles applied only to the liquids referred to by the words “or other fermented, distilled or spirituous liquor.” Spirits, wine, ale, beer, porter, cider and sherry did not have to be analysed to prove that they were intoxicating liquors. Mr Hanna added that the liquid found in defendant’s possession at the ball had been labelled ale, and it was only consistent with common knowledge and common sense to assume that, the bottle did indeed contain ale.