LICENSING PROSECUTION.

New Zealand Herald, Volume LX, Issue 18547, 3 November 1923, Page 9

LICENSING PROSECUTION.

'■.; *J—. . ♦• ■ I ALLEGED LIQUOR V EXPOSURE. DISMISSAL OF A ; CASE. A plea of not guilty was entered by A. E. Neville (Mr. R. McVeagh) in the Police Court yesterday before Mr. F. K. Hunt, S.M., when chvged with having exposed liquor for sale after.hours.. < _ The facts of the case, as outlined by Senior-Sergeant Rawle, were that a sergeant and a constable saw a man under the influence of liquor enter ; the Alexandra Hotel' after hours. , They followed him upstairs and there saw the defendar who was licensee of the hotel, speak > the man and apparently order him of. the premises. After questioning the man the sergeaat went" to the upstairs bar, the door of which was quite open. Here were two men from the Veronica, who said they were boarders, drinking at the counter, with the bar door open and the licensee in attendance* The senior-sergeant said he relied on the ruling of Mr.. Justice Hosking, in which it was -held that exposing liquor meant to nut it forward for sale without visible exhibition. ;■ ».-v; ~',,, ;. %$ Counsel for the defence held that there was no exposure for sale. He contended that to expose meant to expose liquor im sale to a person who was not entitled to bUY He quoted Mr. Justice Richmond ? judgment in a case similar, to the present onef when a magistrate's conviction was quashed. The licensee was entitled to Seep the door of the boarders bar open, .and counsel would have advised him to that effect. , •■. , . , , The magis-i»ate said, that if he had any doubt in his mind he would reserve his decision, but he did not have that doubt. The case was dismissed.. ■ ; < '