LICENSING CASE

New Zealand Times, Volume L, Issue 11435, 3 February 1923, Page 3

LICENSING CASE

INFORMATION DISAIISSED AIAGISTRATE HOLDS. NO . OF-,. . FENCE DISCLOSED. ALLEGED OPENING FOR SALE At yesterday's sitting of the Magistrate’s tCouirt, before Air F. K. Hunt, S.M., a licensing case of considerable interest to hotelkeepers was heard. Richard Dwyer, proprietor of the Empire Hotel, was charged with opening his premises after hours lor the sale of liquor and with exposing same for sale. Sub-,lnspector Cummings prosecuted, and Air AI. Alyers, K.C., appeared for the licensee*. . . John Gillespie, Harry Brewer and Arthur AVilson were charged with being on licensed premises after hours. “SHORTLY AFTER G P.M.” Sergeant Power, dn Ids evidence, said that shortly after 6 p.m. on December 9th he entered the Empire Hotel. The bar doors were ’locked-, but a porter let him info the main bar by another door. Air Dwver and several other men were in the bar. When they noticed Constable Johnston and witness enter the bar, Air Dwyer said, “Come on, gentlemen.” Witness questioned one man who gave a name and Air Dw’yer pulled out- his watch and placed it right under witness's face. He asked that a note should be made of the time, which by his watch was 5.58 p.m. The time oy witness’s watch whs 6.10 p.m. He then went on questioning the man, and asked him cyhai hp. was doing, there? He replied,,,“J,,.fail.ed. io. gP out,” 'Another .man Irefpsed fct) some time to give his name, but subsequently gave his name as Harry Brewer. On being asked bis business in the bar Air Dwyer came up and said that he was “doing business with him.” The third man gave his name as John Gillespie and the fourth ns John Jackson.

“Did you not at some stage, sergeant, put the man out of his own bar,” asked Afr Myers. “No. I just touched him on the shoulder and asked him to leave the room.” Constable Johnstone said there was no evidence as to liquor having been consumed after 6 o’clock. He admitted that the Empire Hotel .was one of the best conducted hotels in AVellington. THE PROPRIETOR’S EVIDENCE.

Richard Dwyer "said he was the proprietor of the hotel in question. The men had probably come into the hotel about six o’clock. The men did not ask for any liquor. They were all Borne distance away from the bar. Sub-Inspector: Why did you tell the sergeant that Brewer was in seeing you on business?—l never told the sergeant anything of the sort. A barman of the hotel gave evidence to the effect of previous witbar washing up the glasses when the police entered. He heard Air Timmings say to the men, “Six o’clock, gentlemen.” ' George Henry Clarkson, porter, said he admitted the police to the bar. He denied opening the door from the outside. He said it was impossible, as the door had an iron bar on the inside, and could only be opened from the inside. The men had not been served with drinks, and were on their way out when the police entered. MANAGER’S EVIDENCE. John Timmjngs said he was tlis manager of the hotel. He was in the bar at about 10 minutes to 6, and was there for the purpose of clearing the bar. The men came into the bar at about six. They were discussing the General Election. He told them emee or twice that it was time for them to be going. Air Myers, K.C., asked that the charges be dismissed. No liquor, he said, Ijad been sold. The magistrate said that what should be done in such cases was that' the bar should be cleared promptly. In this case no offence has teen disclosed, and the case would be dismissed. John .Gillespie, Harry Brewer and Arthur Wilson were each fined 40s and costs for being on the Empire Hotel premises after hours-. - -