NOT AN OFFENCE

Southland Times, Issue 20615, 13 October 1928, Page 7

NOT AN OFFENCE

LICENSEE SUPPLIES LIQUOR TO FRIENDS. DECISION OF MAGISTRATE. (Per United Press Association.) Auckland, October 12. Whether a licensee who invites friends to his hotel and entertains them after hours is guilty of an offence or not, was the question thrasher! out at the Magistrate’s Court this morning. A. N. Pearce and R. Porter, who did not appear, were charged with being found on licensed premises after hours and W. E. Grant, licensee of the Queen’s Ferry Hotel, pleaded not guilty to aiding and abetting. The facts of the case which were agreed on by both sides were that Pearce and Porter had been playing billiards opposite the hotel with Grant who had asked them across to “have a nightcap.” In his private sitting room and out of his own decanter Grant had given his guests a couple of drinks. They had been accosted by a constable when leaving a few minutes after midnight. The sub-inspector admitted that there was no suggestion of the two men paying for drinks. Mr Hunt, S.M.: Where is the offence then ? Mr McCarthy: They went to the hotel for the purpose of procuring liquor. Mr Hunt: If I convict it will mean that the licensee can never entertain his friends. Mr McVeagh, who described his client as having been 19 years in the hotel business without getting into trouble, cited authorities to prove there was no case to answer. Counsel considered it a fine distinction that a licensee who asked a friend to have a drink should be guilty of an offence though a licensee who had friends to see him and produced liquor in the course of the evening should be guiltless. “In this instance the licensee should be in the same position as any other householder,” concluded counsel. The Magistrate considered that a bona fide invitation had been given and accepted, so dismissed the information. He offered to state the case for appeal but the subinspector said that he did not think it would be necessary.