LODGERS' SUNDAY DRINKS.

New Zealand Herald, Volume LII, Issue 16097, 10 December 1915, Page 5

LODGERS' SUNDAY DRINKS.

♦ CHARGE AGAINST PUBLICAN. CASE DISMISSED BY COURT. A case under section 190 of the Licensing Act was brought by the police against P. J. Cooper (Mr. E. J. Prendergast), licensee of the Shakespeare Hotel, Albert Street, before Mr. F. V. Fraxer, S.M., at the Police Court yesterday. The offences jere alleged to have taken place on Sunday, October 51, and on Sunday, Novemif- 14,I 4, ° f the P resent year, the charges, which were precisely similar in respert to each Sunday, setting out that—(l) the defendant had kept the premises open during unlicensed hours; (2) he opened the premises for the sale of liquor; and (3) be exposed Lquor for sale. Sub-Inspector Mcllveney said the facts were somewhat different from those met kind 1D ,> * L general run of cases of the kind. Un th day of tse first information, Sergeant Lander and a constable had entered the hotel by the private entrance. They had proceeded along a devious passage until they came to . bar. the eni trance doors of which were partly open, i There were five men drinking at the bar Ihe barman, who had the kevs of the bar, was serving the men with drink, and I the bottle stood on the counter in front of them. The police believed the men were lodgers. The sergeant nad had no trouble in seeing the liquor exposed for sale, and there had been no trouble in getting to the bar. On the second occasion a constable had noticed a light in the private bar. He had called Sergeant Matthew and they had trone into the i hotel without meeting any opposition, and had got a full view of the inside of the , lighted bar. Three man were there drinkinc. If the magistrate negatived the suggestion of the police that the hotel was not actually open, then it was submitted i that hquor was being exposed for sale. j For the defence Mr. Prendergast said ] the entrance doors to the private bar i were closed— to—and could only ,be locked on the outride. The men were actually lodgers at the hotel. I The magistrate said the Court had to be satisfied that the surrounding circuroI stances were suspicious, that no "discreet person could have secured liquor. : Where the circumstances were bona fide, where the men drinking were lodgers, and were entitled to be supplied, "and .where there was no suggestion that any outside person could have secured liquor, then the licensee had committed no offence. In the present case the bars had been some distance from thp street, and the police had had to describe almost a complete circle to pet to the private bar. He was of opinion that the wremises were not kept open for the unlawful sale of liquor, and that the liauor was not being unlawfully exposed for sale. The licensing law was not nr.ea.nt to be harsh or oppressive, but was meant to ensure that its provisions were being honestly complied with. The charges were dismissed.