LIQUOR IN AUCTION MART

Taranaki Daily News, 23 March 1934, Page 7

LIQUOR IN AUCTION MART

ALLEGED ILLEGAL SELLING CHARGE AGAINST AUCTIONEER. LICENSED VICTUALLERS’ PLAINT. COURT RESERVES ITS DECISION. By Telegraph—Press Association. Wellington, Last Night. A charge of selling liquor without a license was preferred to-day against Eric Johnston, auctioneer. He pleaded not guilty bn the ground that he had no knowledge of the transaction and Was not responsible for an act of his. servant. Sub-Inspector Martin said that information came to the Licensed Victuallers’ Association last year that. Johnston was gelling liquor from his premises, and as a result the association secretary and another man went to the auction rooms and had no difficulty in buying a bottle of whisky each from one of the storemen. Under the Licensing Act Johnston tvas prohibited from selling less than five gallons of liquor at any one time. Evidence was given that £1 was paid fOr two bottles of whisky. The secretary of the Licensed Victuallers* Association, Beasley, said the association was not concerned about the breach of the' Act but ■ about the breaking into the association’s business. . The magistrate, Mr. E. Page, said that in his opinion in a charge under the Licensing Act a master was liable for an act of his servant if the servant committed the act in the course, of his employment. He thought a proper finding would be that the. storeman committed the offence in the course of his employment ■ . , Johnston said he had sold large quantities of liquor during the past 25 years on behalf of the police, the official assignee, banks and other institutions. As fat as he knew no liquor had ever been sold on the premises other than by himself. He had given instructions that none of his employees was to sell liquor. 'Hie liquor he had sold had-all-been-in lots of five gallons or more. The magistrate reserved his decision.