LICENSEES’ GUESTS

New Zealand Times, Volume XXXVIII, Issue 8646, 3 February 1914, Page 8

LICENSEES’ GUESTS

alleged breaches of the LAW. Several cases of alleged breaches of the licensing law occupied the attention of Mr W. G. Riddell, S.M., yesterday, at the Magistrate’s Conrt. Patrick Griffon, licensee of the Pier Hotel, was charged with having, on January Bth, exposed liquor for sale at a time when the premises were directed to be closed. Jointly with the foregoing, Philip Byrne and Edward GrindJay were charged with being found in the Pier Hotel during prohibited hours. Inspector Hendrey prosecuted, and Mr McGrath appeared for the do fence.

Sergeant Lewin said that, in company with Constable Canning, he visited defendant’s’ hotel about 10.25 p.m. on January Bth, when he found the private bar lighted up. The license© and two men were standing near the bar. He knew one of them, Grindlay, and asked the other for his name, which was given as Philip Byrne. He asked them if they were boarders, and they replied that they were staying for the night. There was liquor on the bar, and Grindlay had a drink in, his presence. He did not see any money pass. Mr Griffen assured him that the men were his invited guestsTo Mr McGrath: The blinds were up and the bar was fully lighted. There was no delay in answer to his ring at the door. There was nothing to show that any trading was going on. Constable Canning said ho accompanied Sergeant Lewm to the Pier Hotel that night. As far as he knew, the house was a particularly well-con-ducted one; he would not suggest that liquor was being sold. In opening bis defence Mr McGrath said that a great injustice had been done to his client by being brought before the court. There was not a single word of evidence to show that liquor was sold. A licensee had the right at any time to ask a bona fide guest to have a drink. Counsel asked that the information be dismissed without further evidence.

His Worship said he was not prepared to do that; he would like to hear Mr Griffen.

In evidence, the defendant said that during the seven years he had been licensee of the hotel he had never had a complaint from the police about the conduct of his house. Mr Grindlay and his wife were personal friends of his, and were constant visitors. On the evening of January Bth Grindlay called in about 9, and stayed for some time. When Grindlay intimated that he was going home witness asked him to have a drink first. They went into the bar, and there found Byrne (who was a boarder) talking to the barman. Ho invited Byrne to have a drink also. Byrne had a room in town, but frequently stayed at his hotel. Philip Byrne said he lived in Ingestre street, but had his meals in town, most frequently •at the Pier Hotel. He often stayed at hotels. Edward Grindlay said he had for some years been an intimate friend of Mr Grilfen’s. He was often Mr Griffon’s guest on Sunday, and had visited him frequently when he was ill. His Worship said that after hearing the evidence he' was not prepared to enter a conviction. The case only went to show how careful a licensee should be. Each of the informations would bo dismissedANOTHER. CASE. DECISION RESERVED. Percy Rogers, the licensee of the Shamrock Hotel, was charged with having, on January 17th, opened the premises for the sale of liquor during the time at which they were directed to be closed. James J. Carson and George Charles Taylor were also charged, in connection with the foregoing, with being found in the Shamrock Hotel during prohibited hours. Mr T. Young represented the accused, all of whom entered a plea of not guilty. Following the same procedure os in the previous case, the three charges were dealt with together. Sergeant Lewin said that on January 17th, at 2.30 a.m., when in company with Constable Chapman, ho noticed a light in the sitting-room of the hotel. The room abutted on to the footpath in Hawkestone street. He listened at the window and overheard somebody playing cards—he assumed it was cribbage from the expressions used. He also heard the jingle of money on a table. Somebody said, “We won’t play any more to-night, ■ we’ll play another night.” Shortly after two men came out of the hotel. He accosted one, Carson, who offered him a bottle of beer, saying ‘‘ You fellows like beer.” After getting their names and addresses, he went into the hotel, and the licensee told him that he had given the two men, whom he said were friends of his, two bottles of beer. Mr Rogers also told him he had invited the men in to play cards. The room in which the men were playing was marked “ Proprietor’s Room.” He couldn’t say whether the two men were drinking on the premises. Constable Chapman gave corroborative evidence. Percy Rogers, the licensee, said that on the evening in question he closed the hotel at 10 p.m. About twenty minutes latex he went out, and on his way back ho met Carson and Taylor. He said to them, “ I’ve got the kettle on; come in and have a drink of cocoa, and wo’U play a game of cards.” They accepted his invitation. They didn’t play cribbage, but euchre, and they didn’t play for money. He oould not understand how the sergeant came to the conclusion that they were playing cribbage, as he hadn’t a board in the place. Cross-examined: Carson had three medium shandies. He did not appear to be drunk when he left the hotel. Patrick McNamara, cab-driver, said he was one of the four playing on that evening. They playedeuchre the whole time, not cribbage, and they did not play for money. They had some drinks, but no one paid for them. George Taylor said that they played euchre, but not crib. They had two or three drinks, and Mr Rogers gave him a bottle of drink when leaving. They did not enter the bar, nor was there any - money thrown on the table. He was well known to the licensee. James Carson, a driver, gave evidence similar to that of the previous witness. He said he could not play cribbage.

Mr Young said that a. hotelkeeper was entitled to invite guests to his house and entertain them after the closing hour, otherwise he would not have any amusement at all, because he had no time for relaxation during business hours. Decision was reserved.