WAIMATE MAGISTRATE’S COURT

Timaru Herald, Volume CLIII, Issue 22486, 22 January 1943, Page 3

WAIMATE MAGISTRATE’S COURT

AN UNUSUAL CASE Unusual features surrounded charges of liquor licensing offences heard before Mr H. Morgan, S.M., in the Waimate Magistrate’s Court. Mr Morgan commented that the situation was peculiar in that, while there had been a number of cases where the husband was the licensee and had committed the offence, the present case reversed the position. The first charge was against J Anicich, who was fined £l. costs 10 for being unlawfully on licensed premises. . ... Sergeant Gilligan said that with Constable Mackie, he visited the Waimate Hotel on Sunday, November 29, and found defendant there. Mr Boland said defendant was a butcher employed by Jones and Sons, and went into the hotel for the purpose of delivering meat which had been purchased the day before but had been kept in Cool storage. When delivering the meat, he met Mr Atyeo, the husband of the licensee, who had held the licence until he went into camp, when it was transferred to his wife. Atyeo asked the defendant to have a drink and they went into the bar to have it. Leslie Charles Atyeo, being a person other than the was charged with supplying liquor a/ter hours. Mr T. A. Wilson, who appeared for defendant, entered a plea of guilty. Sergeant Gilligan said defendant was the husband of the licensee. had held the licence until he went into camp, when the licence was transferred to his wife. Defendant had been discharged from the Army, but the licence had not yet reverted to him. On Sunday, November 29, the sergeant said, he visited the Waimate Hotel in company with Constable Mackie, and was admitted to the bar by defendant. He found defendant and Anicich with liquor in front of them, which was consumed. Defendant had been in charge of various hotels during the last few years and had never before had a conviction against him. Mr T. A. Wilson said Anicich went to the hotel to deliver meat, and defendant asked him to have a drink, and they went into the bar. Under the new regulations he supplied liquor when the premises were required to be closed, and there was no option but to plead guilty, for which the minimum penalty was £lO. He said that if they had to plead guilty to one of the two charges against Mrs Atyeo, the penalty would be a pretty hard one, as she was the nominal licensee only. The hotel was really in the charge of her husband. These were the unusual circumstances that Mrs Atyeo knew nothing about the offences. He suggested that the police withdraw the charges against Mrs Atyeo. having obtained a conviction against her husband.

The Magistrate said it was a peculiar situation. There had been a number of where the husband was the licensee and the wife had committed the offence. This case was reversed. The husband however, should have known better. The liability still attached to the licensee. It was quite apparent that the regulations had been passed to stop the sale of liquor after hours. Mr Wilson said that in this case it was a gift for the delivery of meat. Atyeo was fined £lO. Two charges were preferred against Freda Cecilia Atyeo, licensee of the Waimate Hotel, one of opening the premises, and a second of exposing liquor for sale after hours. Sergeant Gilligan said Mrs Atyeo was the licensee and it was evident that she knew all about the management of an hotel. Though her husband was home she was still the licensee and was responsible. He agreed to the withdrawal of the charge of opening the premises. A fine of £lO and costs 10/- was imposed. Other Cases G. T. Hennessy, who pleaded guilty to a charge of having no warrant of fitness, was fined 10/- and costs 10/-. Judgment by default was given for C. M. Asher who claimed from H. H Wilson the sum of 18/1. Costs 10/were allowed.