LIQUOR CASE DISMISSED.

New Zealand Herald, Volume LXVI, Issue 20303, 10 July 1929, Page 14

LIQUOR CASE DISMISSED.

APPEAL BY THE POLICE.

UNAUTHORISED SALE ALLEGED

[BY TELEGRAPH. —J'RESS ASSOCIATION 1 WELLINGTON. Tuesday.

The Full Court, consisting of the Chie Justice, Hon. M Myers, and Justices Ilerdman, Adams and Smith, was onRaged to-day hearing an appeal by Charles Peterson, police officer," Dunedin, from a decision by Mr C. R. Orr Walker, S.M., dismissing an information laid by him against Arthur Albert I'aapo, licensee of tho Grand Hotel, Dunedin, on January 31, 1920, charging Paapo that being the holder of a publican's licence for the Grand Hotel, Dunedin, ho did sell liquor at a place not authorised by the licence. It was alleged by the polico that defendant employed a commercial traveller named Smith to travel round obtaining orders for liquor. Smith called on 0110 Hreen at Timaru and obtained from him un order for certain liquor on terms of delivery on receipt of cash. The liquor was forwarded by carriers to Breen. The magistrate held that the ovidenco was insufficient to establish a complete sale away from the hotel and dismissed the charge. Mr. A. E. Currie appeared for informant arid Mr. W. Perry for defendant. Mi*. Currie said the appeal was taken on the ground that in spito of the acceptance of the contract, which in law took place at the hotel, there was a salo within the popular meaning of the word, at Tiniaru, constituted by the actual delivorv and payment thoro, and it was this salo which amounted to a breach of the Licensing Act. The word "salo" in tho Licensing Act must be interpreted in the popular senso of the word. Mr. Perry submitted that if the essential »olements of a salo took placo on licensed premises, even though the goods were delivered off them, then no offonco had been committed. He contended that all the essential elements in this case took place at tho hotel. Further, that thoro was actual appropriation when the liquor was selected and cased, and that then tho property in tho goods passed to tho buyer. Decision was reserved.