LODGERS OR NOT?

Nelson Evening Mail, Volume LXXI, 15 January 1937, Page 2

LODGERS OR NOT?

ON LICENSED PREMISES CASE AT MAGISTRATE’S COURT The story of four men who on 22nd December came from Kaikoura where they had been working on the railway, and halted their journey for the night at the Rising Sun Hotel close to midnight, soon after receiving a call by the police, was told in the Magistrate’s Court to-day before Mr T. E. Maunsell S.M., when William Kirkland Keir was charged that on 22nd December being the licensee of the Rising Sun Hotel he sold liquor in the premises after hours. Henry Paul Wilson, Henry Arthur Stilwell, Donald Dudley and Eric Edward Weir, were charged that not being inmates, servants or lodgers, non bona fide travellers, were found on the licensed premises of the Rising Sun Hotel at a time when such premises were directed to be closed. A plea of not guilty was entered in all cases, which were heard together. Defendants were represented by Mr J. R. Kerr. The licensee was present, but the other defendants did not appear, Mr Kerr explaining that they were at work near Kaikoura. Senior Sergeant C. Petersen who conducted the case for (he police, called Constable Russell who said that on the night of 22nd December he visited the hotel and saw four men at the side of the bar. The licensee was behind the bar and came out. Liquor was in glasses in front of the men. When questioned they said that they were going to stay the night but had not yet been allotted their rooms. Their luggage was still outside in the car. The men previously had passed witness in town, travelling in a westerly direction. They had come from Kaikoura they had told witness, having been working on the railway there. Public works had ceased on that day. The licensee admitted that he had supplied the liquor. The rooms were not allotted until witness was leaving. The car was out on the street, not drawn up to the hotel, where there was ample room.

Questioned by Mr Kerr, witness said that the men had been asked if they were boarders, and had replied “Yes,” but that they had not booked in. Constable Austin also gave evidence in corroboration. Mr Kerr said that it was a case where the licensee arid the men had acted in good faith and had given ri true explanation of the circumstances. They had gone to the hotel to remain the night, 'arid did so. They, had come 150 miles , and were tired anti thirsty. Their first act was to ask if they could be accommodated and their second to ask for a drink, which in the circumstances was understandable. Mr Kerr submitted that the men : had acquired the status of lodgers at the moment the proprietor had said that he could jpiit them up. They went to the hotel, asked for rooms, stayed there and did not go away till next day. Whether the police - had come or not the men would have stayed. '■ ‘ ' 1 . ’■ ' William Keir, licensee, said that the men came to his hotel when the place was in darkness, r roused 1 Hi'tri" and asked for accommodation, \yhich he said he could’ supply; and almost in the same breath they asked for a drink, Which he did siippty/ The Senior Sergeant said that the whole case hinged’ on whether defendants were bona fide lodgers or not. The rooms were not allotted to the men until the police had finished their inquiries and he submitted that if they were not convicted then anyone could claim to be a lodg • er. The Magistrate reserved his decision.