SALE OF LIQUOR.

Otago Witness, Issue 3912, 5 March 1929, Page 16

SALE OF LIQUOR.

DUNEDIN HOTELKEEPER CHARGED.

TIMARU, February 28. Arthur Albert Paape, proprietor of the Grand Hotel, Dunedin, was charged at the Magistrate s Court to-day before Mr C. R. Orr-M alker, S.M., on six charges of selling liquor elsewhere than in his hotel.

The first count read : That at Timaru, being the holder of a publican’s license for the premises of the Grand Hotel, Dunedin, he did sell liquor at a place not authorised by his license—namely, at a Timaru workshop, on December 21. Hr was further charged with having sold liquor at the Timaru railway station on December 20; at 183 Stafford’ street, Timaru, on December 21; at Craigie’s, Cain's terrace, on December 22; at 279 Stafford street, Timaru, on December 21; and at Brooker's car painting shop on December 24.

The defendant was represented by Mr T E. Finch, who contended that no offence had been committed. He pointed out that the last day of sale was October 17, not December 21, which was the date of delivery. Senior Sergeant Gibson submitted that the date of the sale was the date of the delivery of the liquor. If the case went against the police further action would be taken.

Only one witness was called. This man said he remembered a traveller named Smith calling on him, with .whom he placed an order. This had been delivered on December 21.

Mr Finch showed the order book, which stated that a sale had been made on October 23, not December 21. William John Clarke, carrier, said he delivered 44 cases of liquor for the defendant, four of which were refused. Mr Fineh said the information should be dismissed as, according to the Licensing Act, action had to be taken within three months of the alleged sale. The police had shown that the order was taken in Timaru. If that were not so, then the sale took place in Dunedin, when the liquor was packed up by the licensee of the Grand Hotel, which was not an offence. Otherwise, every order sent out to a dry district would be an offence.

Sergeant Gilligan, Dunedin, said he had warned the defendant about selling liquor away from his premises. The defendant, however, had ignored the warning.

The Magistrate reserved his decision ori the first charge, the others being adjourned till March 27.