UNLAWFUL SALE OF LIQUOR.

Timaru Herald, Volume CXXV, Issue 18540, 10 April 1930, Page 10

UNLAWFUL SALE OF LIQUOR.

LIABILITY OP LICENSEE. By Telegraph—Press association. AUCKLAND, April 8. Arguing that he could not be held responsible for an early morning sale of liquor made without his authority by a general hand, Albert Edward Neville, licensee of the Alexandra Hotel, appealed in the Supreme Court this morning before Mr Justice Ostler against a conviction for selling liquor when his licensed premises were required to be closed. The conviction was recorded by Mr Hunt, S.M., on March 7th last, and a fine of £5/1/and costs was Imposed on Neville for an offence allegedly committed on January 2lst. Neville gave as a ground for his appeal that he did not sell the liquor, and that it was supplied by Charles Chenery, a general hand, without authority. He further contended that Chenery was not a person for whose acts or defaults he could be held responsible under the Licensing Act. The licensee did not deny the sale, but said that Chenery had no authority to serve the stranger Chenery, however, served in the bar at lunch times and between four and six o’clock in the evenings.

His Honour said the case was largely one of law, as the facts were admitted. In evidence, Chenery said his duties consisted of cleaning out the bar polishing, dusting and doing general work about the hotel. He assisted in the bar during lunch hours, and at rush periods in the evening. Judgment was reserved.