LICENSEE CONVICTED
, DRUNKENNESS ON HOTEL j PREMISES'.' ; • leim/h to appeal granted. A' Reserved judgment was given in the Magistrate’s Court yesterday by Mr D. G. A., Cooper, S.M., in the case in 'which Marshall John Donnelly, licensee of the Ci,ty Hotel, was charged with (1) permitting drunkenness on licensed promises; j (2) selling liquor to a person already in a state of intoxication. .There was also an information against . James Mdher, barman employed by Mr Donnelly,! for supplying liquor to a .person,' already, in a state of intoxication. At the hearing the throe informations were ; taken together. Inspector Hendrey prosecuted. Mr J. ;«T, ■ McGra.th appeared for the defond•ant Donnelly and Mr V. B. Willis for .defendant Maher.
’ His Worship found that on the facts given at fho hearing, viz., that a man named Wotherall. a person already in a. state of intoxication, was supplied by Maher with liquor on the licensed ’premises, he must convict Maher. ;“As to. the" charges against the licensee of permitting drunkenness and ,of selling liquor to an intoxicated person,” His'Worship said, “I have.carefully perdsed the authorities cited by the Inspector of Police and counsel for the defence. I am of opinion that such authorities clearly establish that where the accredited agent of the licensee permits a| person in a state of intoxication to remain on licensed premises for an appreciable time, the licensee, is responsible for the acts of his agent. . . . I • must therefore convict the licensee of the charges brought against him.” !■ A fine of £3 and court costs 9s was imposed upon the barman, whilst the licensee was-fined £2 and court costs 7s on .the first charge, and £1 and court costs 7s on the second, ‘ His • Worship remarked that the barman was the cause of all the trouble Mr Donnhlly was in no way to. blame, but bo must bo held legally responsible. Ip these circumstances he had imposed very light penalties. , Leave to appeal was granted in the licensee’s case, security being fixed at .£!<»-
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Bibliographic details
New Zealand Times, Volume XL, Issue 9044, 15 May 1915, Page 8
Word Count
333LICENSEE CONVICTED New Zealand Times, Volume XL, Issue 9044, 15 May 1915, Page 8
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