SUPPLYING LIQUOR

Otago Daily Times, Issue 23951, 28 October 1939, Page 7

SUPPLYING LIQUOR

SOCIAL CLUB’S BREACH EXECUTIVE OFFICERS fInED FIRST' PROSECUpON>|N i jBITY “This is the first of ‘its kind ?in Dunedin, ahd itis most unusual, in the Dominion”-. said Senior Sergeant Claasen ,in the City Police Court yesterday, when’’ the executive officers of the Dunedin Working Men’s Social Club were charged with unlawfully supplying liquor !to members of the club, payment being made by.' means,vbf coupons of a ' value of threepence each. The persons charged were George Percy Turnbull (president Of the club), Charles Parnell (secretary), and Louis John Jardine, George Earnshaw Ledgerwood, William Alexander Bracegirdle, Robert McGregor Rose, Thomas Johnston Devlin, Charles Abbott, and Albert Henry Ledgerwood. Each was fined 10s, and costs (10s). Charges against six members of the club of procuring liquor on the premises were withdrawn by the police. Procedure Explained Explaining the case, Senior Sergeant Claasen said the club had its premises in Dowling street, and was registered under the Friendly' Societies’ Act. The club made application to the Minister of Internal Affairs for a charter, but this was declined. It was admitted that the club was properly constituted, but it did not have the right to traffic in liquor.

“On September 2, at about 4 p.m,, Sergeant Hogg and I, acting on inforniation .received, .visited the club,” the senior, sergeant cpntipued. “ The front door • was : open,-and upstairs we found a large social room; (with dart boards arid dtheiv '^meriities^’.-pn the next floor up At the ehd of the-firat'floor was a small room fitted up ais a-hgjf,,te'ith wooden shelves displaying,. liquor.f Seven mm were standing ; ip Trent- of the counter and each had a- glass df liquor, the secretary of the club, .Parnell, being behind the bar .and. as?; steward. On the counter was- a-imajj heap, of coupons, which are%usep-By .members for payment for .ameid'tieS;- such as billiards and drinks.'v ■ It-iwas the .practice of the liquor in small quantities |?&hd dispense it ’.(> members.^,; v , When the', men ■ m the bar were informed thaf theygwere trafficking in liquor, SeniorjSertgeant Claasen said, the secretary'- replied that it , was not being 501 d.;,, But supplied for coupons*- Which purchased by members in bulk. - He would not say that the club was deliberately slygrogging. but it had set out on a mistaken idea instead of using a locker system, or some other legal method. In the bar were four five-gallon kegs of beer, a bottle of brandy, two bottles i of whisky and bottles of beer and stout, as well as cordials. The president, and the secretary had given the .police-eyery assistance,' and had given g: detailed explanation,; pf the club’s activities. He Was .satisfied that the (executive, and' the : mdpibers had been ■acting ,under 'a;:inistaken.'. yiew of the law-t. ; ; •/ .V- V;. ~ Well-conducted Club “These men are not charged personally, .but as the executive officers of the club,” said- Mr A. J. H. -Jeavons, who appeared fqr the accused.“ There is no suggestion that the club is in the nature of a drinking den—it is a well- , conducted social club.” < .- - - „ He asked the court to take the view •that the defendants had mob set out with the idea of ■ committing flagrant breaches of the Licensing Act, note , 1 withstanding the fact that the club had been refused a charter.. They had acted under a mistaken thought that they were not violating the Act if they did not sell for profit, and the fact that a threepenny coupon purchased a glass of beer and a sixpenny coupon a glass of’spirits showed, he submitted, that the club was not trying to make a profit. The executive had some idea that they were exempted under a section of the Act, a Section which was a confusing one to laymen. The operations were carried out openly, and the executive officers genuinely believed that what they were,doing was legal. All the inembers of the executive were prepared to accept a share of the responsibility, and did not want the burden to fall on one man. “ There was apparently no drihking to excess,said the magistrate (Mr H. W. Bundle, S.M.) “and it is perhaps unfortunate that the cllib has not a charter.” He 'Would have been prepared to fine one man, but as it was the desire of the executive to share the penalty equally each would be fined 10s and costs (10s). The police agreed to a suggestion by Mr Jeavons that the charges against six of the members of procuring liquor t should be withdrawn,. the magistrate agreeing that the substantial charge was against the executive.