DUNEDIN LICENSEE CHARGED.

Timaru Herald, Volume CXXV, Issue 18202, 1 March 1929, Page 13

DUNEDIN LICENSEE CHARGED.

BALE OF “ CHRISTMAS HAMPERS.” I)ATE OF SALE DISPUTED. A licensing case of considerable interest and importance was heard before Air C. It. Orr-Walker, SAL, n't the Timaru Magistrate's Court yesterday. The defendant was Arthur Albert Paape, who was charged that, being the licensee of the Grand Hotel, Dunedin, lie did sell liquor in a place not authorised by his license. The offences were alleged to have been committed on December 21, 1928. Mr L. E. Finch, who appeared tor defendant, entered u formal plea of not guilty. Senior-Sergeant T. Gibson said he understood that Air Finch was defend ing on a technical point, namely, that the sales were outside the date within which information could be laid, namely throe months.

Mr Fiiuii said that on his facts no offence had been committed. He would admit the sales, but the latest of these had taken place on October 26. All were made by means of orders between October 17 and October 20. His contention mas that December 21 was the date on which the goods were delivered, the date on which they were sold. SenioriSergcant Gibson said it had previously been held that the date o-t delivery was the date of the sale. If tho case went against the police, they would not let it rest at that. It had been hold in the Supreme Court that admissions of sales could not be accepted. and that evidence would have to bo heard. It was then decided to hear the evidence on one charge only. The manager of a local firm said that ho knew a man named W. A. Smith, who called on him in November with some samples of wine. Ho ordered ten bottles of wine, one bottle of whisky, and ono bottle of brandy. The order was endorsed A.A. Paape. Witness signed for the goods on December 21, on which day they arrived from Dunedin. Mr Finch produced the original order, which was signed by witness on October 23 William .T. Clarke, carrier, stated that he had delivered a quantity of liquor to people in Timaru from A. A. Paape, Dunedin. In all ho received 44 cases, most of which were delivered. Four cases were refused.

Sergeant W. P. Gilligan. of Dunedin, said that ho knew the defendant, who was licensee of the Grand Hotel in Dunedin. Witness called on defendant. on November 15, 1028, concerning the sal© of liquor to various parties in Timaru. Defendant made a statement in which he admitted having authorised a man named Smith to solicit orders for Christmas hampers, but he warned him not to take orders in a no-license district. Witness saw defendant Inter, and again warned him to discontinue the practice. Air Finch submitted that the information shouid be dismissed for the snlo which took place on October 23 constituted an offence for which a prosecution must he brought within three months. He would submit that the sa’e bad taken place on the day the order was signed. The dates of delivery and payment were quite immaterial. He had all the orders in bis possession, and the latest was taken on October 26. Herbert Francis Payton, accountant, of Dunedin, said that he did a ..large portion of defendant’s work. When tho orders were received from Timaru the goods were cased, up, and left in the cellar until delivered. Senior-Sergeant Gibson said that he would accept the decision in tho first cn*rv aR applying to the others.

The Magistrate said that he would take time to consider, the matter, ns tho case was an important one. The other cases would bo adjourned.