A LICENSING CASE.

Otago Witness, Issue 3886, 4 September 1928, Page 15

A LICENSING CASE.

DOCTOp SUPPLIED AFTER HOURS, „ T AUCKLAND, August 31. I have no hesitation in accepting the evidence of the licensee, and the charges against him will be dismissed. It is not very often I am able to say this,” said Mr W. R M'Kean, S.M., with a smile tn the Police Court this morning. Harry M. Rider, licensee of the Esplan. ade Hotel at Devonport, pleaded not guilty to charges and keeping his premises open after hours and selling liquor after hours. His porter, Ronald Gardiner, was also charged with supplying liquor after hours. Mr M'Veagh appeared for both the licensee and the porter, the latter pleading guilty. The evidence of the police was that one night recently Constable O’Carroll’s attention was attracted by a motor car which stood outside the hotel. No lights were showing on th e car. The constable saw a porter come out of the hotel, look up and down the street, and then enter the hotel again. A few minutes afterwards he returned to the car with a parcel. On being approached by. the constable he admitted that the parcel contained a bottle of whiskv. two bottles of ginger ale, and a syphon of soda water. He said that Mrs Nora Ramsay Smith, wife of Mr V. Ramsay Smith, had ordered the liquor that afternoon about 5.30. On being taken into the hotel, and m the presence of the licensee, who told him to tell the truth, the porter admitted that what he bad told the constable was not correct. Constable O’Connell admitted that the’ Esplanade Hotel was conducted in an excellent manner. In evidence, the licensee said that Gardiner, who had worked at the hospital prior to starting work in the hotel two months ago, knew that Dr Ramsay Smith was outside the hotel in his car. and v. as Under the impression that medical men were privileged to be supplied with liquor. That was why he had handed it to Mrs Ramsay Smith. Counsel’s contention that the charges against the licensee must fail was upheld bv the magistrate. Gardiner was fined 10s. while for being found on licensed premises after hours Mrs Nora Ramsay Smith wag fined £1 and costs.