THE LICENSING CASE AT OTAHUHU.

New Zealand Herald, Volume XXXVI, Issue 11200, 21 October 1899, Page 6 (Supplement)

THE LICENSING CASE AT OTAHUHU.

TO THE EDITOR. Sir,—Your report of the judgment given in this c.ise warrants me in asking you to give j me a little space in your widely-read journal ■ to make a few remarks thereon. Firs', it is ! admiltjd that a number of persons repeatedly , visited the hotel, but because there was no drunkenness and no disorder the Magistrate I concludes there was no drinking indulged in. Does the Licensing Act demand (hot to prove illegal i ale it must be accompanied by disorder? Then, again, sale of mywr was proved, but it was said to be " ginger ale," which, of course, to believe, would be an insult to the intelligence of a child ten years of age. But, even so, can public-houses be kept opon for 'he sale of " ginger ale" after hours? If this is the law, the oity publicans can have a fine old time in the future, by driving a " ginger ale" trade all night Ion?. Again, it was admitted that the bar remained lighted, and that the defendant could ; not satisfactorily account for that. But that : fact went for nothing. The coming and , going of various strangers, and a dimly- i lighted bar, and tho sale of ginger ale, only proved, according to the Magistrate, that the bar was open, physically open, nothing more. Well, according to this verdict, all the hotels in Auckland may remain physically open all night. Then the Magistrate ' proceeds to say that "I do not think it is necessary under an information for keeping open to prove that drink was sold," and yet, because unequivocal facts as to drunkenness and disorder were not forth- ' coming, lie dismissed the case. Under those . very peculiar decisions, which aro now quite i notorious, I wonder that the police attompt 1 «> administer the licensing law at all.' taking the whole of the report togethor it sounds like the special pleading of a police court attorney rather than the sound, practical common sense of a British magistrate. : relieving that the non-enforcement of any law is a menace to all law-abiding citizens anj to the commonwealth generally is my excuse for asking you to publish these few S ri _ am ' etc "' WILLIAM RIOHABDSDN. 420, Queon-street.