CHARGE AGAINST LICENSEE

Taranaki Daily News, 24 September 1930, Page 10

CHARGE AGAINST LICENSEE

“BOARDER’S” UNOCCUPIED ROOM. A FALSE REPRESENTATION. A charge against Aeneas Gallagher (Air. Houston) licensee of the Dominion Hotel, Kaponga, of selling liquor at a time when his premises were required to be closed was dismissed at the Eltham Police Court yesterday after the evidence had been heard by the Alagistatc, Ur. R. W. Tate. A further charge of opening his licensed premises for the sale of liquor at a time when such premises were required to be closed was withdrawn. Constable J. O’Donoghue stated that about 9 p.m. on August 22 he noticed a man named Gordon Edmonds emerge from the front door of the Dominion Hotel with a parcel under his arm. Asked what he was doing on licensed premises Edmonds replied that he was/a boarder and said that his room was number 15. He admitted that he had two bottles of beer, which he said he bought and paid ' for in the afternoon. He had called for them just then, obtaining them from the licensee, and was taking them down tv a friend's place. Witness asked if he was going to sleep iu / the hotel that niglit and Edmonds replied that he was. Witness proceeded to see the licensee and asked if Edmonds was a boarder. The licensee said ho was, and produced the register showing that he had booked up in room 15. Asked if ho had supplied Edmonds with two bottles of beer the licensee said he had, and that they had been bought at 4. o’clock in the afternoon, also that he booked up and naid 3s for a bed. Witness and the licensee inspected room 15, but this had not been occupied. The following morning at 7 o’clock he again inspected the room and found that it had remained unoccupied the previous night. To Sergeant Henry witness said that defendant said he supplied the liquor from the bar when Edmonds called for it. There was no luggage when they inspected the' room in the evening. Edmonds stayed- at his usual place of abode that evening. Mr. Houston: You found Mr. Gallagher quite frank about the circumstances? Witness: Yes. Mr. Houston: He has been an extremely satisfactory licensee? - - Witness: Yes, he is a splendid licensee and an excellent hotelkeeper. Mr. Houston: About a year ago a party called in after hours and were refused by the licensee? Witness: That is so. Mr. Houston: Can you say from your own knowledge that there are men of the type who come to country hotels and have no luggage with them? Witness:.. Yes, this man is of that type. Counsel produced the hotel register containing Edmonds’ name booked for room 15. Witness: Yes, that was produced at the time. Aeneas Gallagher said he had been licensee of the Dominion Hotel for two years and there had never been any suggestion of improper conduct on his part. Edmonds first came to his house some time ago from Ohura, where he had been engaged on the public works. He stayed a few days until he obtained work after which he went to board privately. On the afternoon of August 22 Edmonds came with a request for a room as he intended going away the fallowing morning and his week had run out at his private board. He was to depart by the Stratford bus, which started from the hotel. He paid witness 3s and his name was entered in the register. About 9 p.m. Edmonds knocked at the sittingroom door and asked for a parcel of beer he had purchased from the batman in the afternoon.. Leaving Edmonds in the commercial room, witness went to the bar where he found the two square riggers of beer wrapped up in a parcel. Later the constable asked witness if he had given Edmonds two bottles cf beer. He replied that he had,- and that he was a boarder. The constable said he was suspicious of Edmonds’ tides and was doubtful about his occupying the room. Together they inspected the room, but found no 'uggage. He did not take much notice of that, however, as often woodcutters would come in and stay without bringing any luggage. Next morning he taxed Edmonds with not having slept in the room. Edmonds said that he did, but witness felt satisfied that he did not. Sergeant Henry; When Edmonds booked the room did he go to it? Witness: I don’t think so. He merely booked up. When .1 left Edmonds in the commercial room I naturally thought he would be going to his room. Harold G. Josling, barman, stated that in the afternoon he parcelled up two square riggers of beer for Edmonds and was about to hand it across the counter, but Edmonds asked him to leave it under the counter and he would get it later, mentioning that he was going to stay at the hotel for the night. The magistrate said that the man obtained the liquor from the barmen wrapped up ready for delivery. That might have been a lawful sale. Edmonds had taken a room in order that he might be “on side,” and as far as the licensee was concerned he was a boarder. The impression he formed was that the licensee had “fallen in.” Mr. Houston submitted that it was not logical to think that a man would pay 3s for a room merely for the opportunity of taking away 3s worth of liquor after hours. The magistrate: For several reasons I think the defendant should have the benefit. Sergeant Henry: Air. Gallagher has been very frank and has been an excellent publican. I suggest that the setonl charge of opening the premises be withdrawn. The magistrate: The first charge is dismissed. Arising out of the foregoing ■•ircumstances Gordon Edmonds was lined £1 and costs £1 4s on a charge of being found on licensed premises during closed hours. For falsely representing himself as a lodger he was.fined £1 and costs 10s. A further charge was made agaui-t Edmonds that on August 21, the night prior to the foregoing offences, he was found on licensed premises. Constable O'Donoghue stated that at 9 p.m. he noticed the defendant enter tiie backyard of the Dominion Hotel ai-'l enter the hotel by the back door. Later lie found defendant in the hotel office by himself with the light on. Asked what he was doing on licensed premises after hours defendant made no reply loi some time, but eventually said- he had come io pay his account and produced a receipt for 10s on account. He denied that he had come to the hotel for liquor or that he bad come in by the back door. Witness, however, saw him leave the billiard room and come down 'the dark side of the street. ... Defendant forwarded a letter, in which

he pleaded not guilty and said he had never been on the hotel premises alter hours for the purpose of obtaining liquor. On this charge defendant was fined £1 and costs lUs.