SALE OF LIQUOR

New Zealand Herald, Volume LXXI, Issue 21757, 23 March 1934, Page 10

SALE OF LIQUOR

AUCTIONEER CHARGED ALLEGED ACT OF EMPLOYEE DENIAL OF RESPONSIBILITY [BT TELEGRAPH —PRESS ASSOCIATION] WELLINGTON. Thursday A charge of selling liqlior without a licence was preferred in the Magistrate's Court to-day against Eric Johnston, auctioneer, who pleaded not guilty on the ground that he had no knowledge of the transaction and was not responsible for an act of his servant. •Sub-Inspector Martin said information came to the Licensed Victuallers' Association last year that the defendant was selling liquor from his premises, and, as a result, the association secretary and another man went to the auction rooms and had no difficulty in buying a bottle of whisky each from one of the stor'tmen. Under the Licensing Act the defendant was prohibited from selling less than five gallons of liquor at any one time. Evidence was given that £1 was paid for two bottles of whisky. The secretary of the association said his association was not concerned about the breach of the Act, but about breaking into its business. Mr. E. Page, S.M., said that in a charge under the Licensing Act a master was liable for the act of his servant, if the servant committed the act in the course of his employment. He thought the proper finding would be that the storeman committed the offence in the course of his employment. Defendant said he had sold large quantities of liquor during the past 25 years on behalf of the police, the official assignee, banks and other institutions. As far as he knew no liquor had ever been sold on the premises other than by himself. He had given instructions that none of his employees was to sell liquor. The liquor he had sold had all been in lots of five gallons or more. , ' The magistrate reserved decision.