LICENSING PROSECUTION.

New Zealand Herald, Volume LV, Issue 16914, 29 July 1918, Page 6

LICENSING PROSECUTION.

GOLFERS AT A HOTEL.

PRIVILEGES OF A PARTNER. Charges of breaking the licensing laws were made at Te Awamtf*' 1 on Friday against tho licensee of the Te Awamutu Hotel, 0. Anderson, and six golfers from Otorohanga, who were attending the opening of the Te Awa-mutu Golf Club. I The prosecution stated that on Sunday, May 12, Constable Doylo entered the bar of the hotel, where ha found tho golfing party being served with liquor by tho partner of the licensee, T. A. Main. Upon the party being questioned only one had claimed to bo a boarder in the house, and only one had comiidorod himself tho guest of the licensee. All the others had represented that they were down for the any. None of them at that time had booked as boarders, but had done so immediately after the visit of the police.' For the defence it was stated that the party had reached To Awamutu early in the day, the intention being to motor to their homes aftor tho day's golfing. Towards evening, however, rain began to fall, and they had decided to stay the night. On the arrival of the party at the hotel the two partners and the clerk had been away .motoring, so that it had not been possible to rocord their names in tho boarders' book. After tea they had informed tho licensee _of their intention to stay over night, but had not actually been booked up because 20 rooms had beon reserved previously for visiting golf players by the secretary of the local club. During the evening Mr. Main had invited them into 'the bar, and almost immediately afterwards the police had appeared "on the scene. The magistrate said he believed the party had quite intended to stay the night, but the members had not booked and could not, therefore, be regarded as boarders. It was also quite clear that they were the guests of trio partner, and that no sale of liquor had taken place. For this reason tho charge against the licenseo must fail. The point remaining to be decided was whether a part-owner* in a licensed house could enjoy the privilege of tho licensee in regard to the entertainment of guests, Tho fact that tho partner, and not the licensee, had invited the party into the bar might be a technical breach of the law, and, as the case is without precedent, decision in regard to tho golfers would be reserved-