THE LICENSING ACT.

Otago Witness, Issue 2823, 22 April 1908, Page 18

THE LICENSING ACT.

CHARGE OF SENDING A CHILD FOR BEER. Leah Myers, keeper of refreshment rooms m the Octagon, was charged on the 14th at the City Police Court, before Mr Widdowson, S.M., with sending a child under 13 years of age to a licensed house for beer. The prosecution was conducted by Sub-inspector Norwood. Mr Hanlon appeared for the defendant Sub-inspector Norwood said that on tho 10th of March last a boy named Clyde Preston, 11 years of age last June, went to Miss Myers's shop m the Octagon to buy a pie. She told him they would not be ready for a few minutes, and asked him to take a sugar bag with empty bottles to a 6tore m George street and ask for Miss' Myers's parcel. The storekeeper gave the boy a parcel containing half a dozen bottles of beer. Tlie defendant then cent him a second time with a note and 2s 9d. On the way young Preston met a boy named Marks, who opened the note and knocked the 2s 9d out of Preston's hand, and the money was lost. The boy told hie mother what had happened, and she remonstrated with defendant for sending her boy on such an errand, and defendant asked her not to "make a row ' about it. . Both boys were called as witnesses, and the boy Marks denied knocking the 2s 9d out of young Preston's hand, and contradicted other statements mado by the Sergeant O'Grady deposed that he went to the defendant's place on the 6th inst. with the boy Preston. She admitted sending the boy for half » dozen stout, but

said he only brought back four bottle* Two of these she said were for customers having meals, and she added that sho wanted some for herself, as she always took somo stout before going to bed. John Peterson, carrying on business at the corner of George and Bath streets, produced his bottle license. Mr Hanlon urged that the case must bo" dismissed, on the ground that Peterson's was not a licensed house within the meaning of the act. The object of the Legislature was intended to prevent chilrleni being sent to hotels where liquor was being consumed, not from going to premises kept by holders of bottlo licenses. Sub-inspector Norwod contended thafc licensed house and licensed premises were synonymous terms. His Worship, said the point had not been raised before, and he would reserve hie decision on the technical objection. Mr Hanlon then called the defendant, Leah Myers, who said she remembered the boy Preston coming to her place on March 10, when he got a penny pie.._J3he asked the boy to go a message for hor, and ho took some ale bottles to Petersons, andi brought back a parcel ordered previously. There was no alcoholic liquors m that parcel, only sauco, vinegar, and groceries. On the boy's return she wrote a note to Peterson ordering six pint bottles of stout, and enclosed 2s 9d m payment. The boy took the note, but lost it and the money. She nover sent the boy for the liquor, butjust to leave the note afc Peterson's. Mrs Preston came to witness afterwards, and said the boy Marks had knocked tho money out of young Preston's hands, an<l it was lost. Witness told Sergeant O'Grady that she had sent the boy with a. note to Peterson's for half a dozen of beer, but did not say the boy brought back four bottles of beer. To the sub^ inspector : She did not admit to Mrs Preaton that she had done wrong, or ask her not to say anything about it. She told the sergeant the boy brought four bottles, but not of beer. His Worship reserved his decision. George Rattley, employed by John Peterson, holder of a bottle license, was then charged with selling liquor to a child under 13 years of age. The evidence was for the most part the same as that given. m the previous case. Mr Callan appeared for defendant, who pleaded "Not The defendant George Rattley, called by Mr Callan, deposed that he had no recollection of the boy Preston obtaining a' parcel of beer from Peterson's shop. It was a rule m the shop not to sell beer to boys under 14 years of age. All boys were put to the test, and judgment was used as to whether or not they were supplied. No beer was kept on a shelf that had to be reached by a ladder, as describee! by the boy Preston. No stout on sala had a yellow label with the word "stout" m red letters, such a3 the boy described 1 . To Sub-inspector Norwood : Bottles of beer were usually sent out m an open basket, but it was possible a_parcel might have been made up. had often put up orders for Miss Myers. His Worship reserved his decision.