TONIC OR BEVERAGE.

New Zealand Herald, Volume LXI, Issue 18891, 13 December 1924, Page 13

TONIC OR BEVERAGE.

POTENT "CHAMPAGNE CIDER"

SALE HELD TO BE ILLEGAL.

AUCKLAND CHEMIST FINED.

Tjie sale of a " liquor," known as " Key Brand, Champagne Cider," without being duly licensed, formed the basis of a prosecution brought by the police against. Alexander Ecclcs, chemist (Mr. R. McVeagh), at the Police Court yesterday befors Mr. J. W. Poynton, S.>L

Consrablo Davis said that he obtained two bottles of tho cider from defendant's shop in Queen Street, opposite Wyndham Street, on November 17. Ho'did not say that it was for medicinal purposes...

F. C. Rush'Munro said that he purchased two gallons of the cider from Eccles.

Sub-Inspector Rawle submitted .an analyst's report to the. effect that the cid-.r contained nearly 15.5 per cent, of pro.if spirit. He said that defendant obviously sold the cider as a beverage, and not as a tonic. Of tho 100 cases delivered to defendant about 30 had been sold.

Defendant stated in evidence that he stocked the cider primarily on account of' its tonic properties. Ho would not sell! it to an individual whose appearance sug-' gested that he was addicted to liquor. It' was a pleasant medicinal drink, and not a liquor which ho would supply to an obvious dipsomaniac.

Mr. McVeagh submitted that it would be unreasonable to expect chemists te question every customer. Defendant and other chemists used their discretion in selling the cider. It was a valuable tonic. Mr. Poynton: If the regulations were interpreted in this way tho chemists' shops might become wine bars. lb is a beverage, and although perhaps a good tonic, is none the less an intoxicating draught. Defendant was committed and ordered to pay costs. A similar charge against an employee was dismissed under section 92 of the Justices of the Peace Act..