THE LICENSING ACT.

New Zealand Mail, Issue 1200, 1 March 1895, Page 17

THE LICENSING ACT.

Two appeal cases under the Licensing Act were argued before Mr Justice Richmond in Banco on February 20. The appellant in both cases was Albert White, licensee of the Universal Hotel, Eketahuna, who was convicted by Mr T. Hutchison, S.M., on November 36th last (1) of having sold liquor on Sunday, 21st ; October, and (2) of having on the same date exposed liquor for sale. > Mr Edwards appeared for the appellant, and Mr Gully for the Crown. On the first charge the appellant was fined £l, and on the second <£s. On the hearing of the case it was admitted that the appellant sold drink to one Sweeney|who had slept on the premises during the preceding night. It was admitted that Sweeney "shouted" for three others who came in. O'Meara, one of these, in his evidence, said he was not a lodger, but shouted for drinks, but could not' remember having paid for any. The Magistrate, in stating the case for appeal, said the matter was reduced to the legality of the sale of drink to Sweeney's order. Sweeney was a lodger, and he met one or more of fche other men outside, according to some of the witnesses, and in the passage according to Mrs White. The Magistrate said that ther« was a general understanding among hotelkeepers in the district that if a lodger calls for drinks it is no offence to supply them. He did not think that section 155 of the Licensing Act covered every case of this kind, and therefore defendant must bo convicted. On the second charge, that of exposing liquor for sale/the case for the prosecution was that the bar of the hotel was placed at the corner of the building, and was enclosed by two passages having their exits at the front and side of the building. Into each of the passages there was a doorway from tho bar, tho lower half of which was occupied by a half door with a ledge on top, and the upper by a slide through which liquors might be served from the bar to persons in the passage. On the Sunday morning the entrance doors of both passages were open, and Mrs White was supplying drink to Sweeney and the others, when two men entered, asked for drink, and, as asserted, were refused. It was contended for the prosecution that the slide was fully up, and the liquors in the bar exposed, whilst the witnesses for the defence stated that the slide was only partially raised, and that it was impossible to see the liquor in the bar. The Magistrate determined this point by a personal inspection of the premises, and said he was satisfied that it was not possible for anyone standing in the passage to see the liquor on tho shelves with the slide partially up, but the barrel of beer on the counter was visible. The drink served to Sweeney was consumed in view of the two who were refused liquor. The Magistrate's conclusions were that there was an exposure of liquor within the meaning of the Act. *

His Honor, in giving judgment in the case in vfrh'ich the 'appellant had been convicted of selling liquor, held that Sweeneywas entertaiiiing these" men and not acting as their agent. -He agreed with Mir Edwards that the sale to 1 the three men treated did not come Within Section 155 of the Act. A sale to a lodger for consumption by himself and his friends was held to be lawful. It Was with regret he had Cottle" to 1 the con'clu'sicm to quash the conviction, because he thoxtght the practice of lodgers treating tbieir'.friends during prohibited hours was a bad one and should be put down, and he felt sure that it had ile'Ve'r been intended that a lodger could call n Dick, Tom and Harry out of the streets and treat them. He hoped the Legislature would make an alteration in the law, so as to do away with this. In the other case His Honor said that if the sale to Sweeney was lawful the opening of the bar to supply him could not be considered an tralawf ul exposure of liqor. The two men Who entered the hotel might have seen the liqxior in the bar, but it was not exposed to them for sale, as they were refused it. He would quash the conviction in this case also. No costs were allowed.