ALLEGED BREACHES OF THE LICENSING ACT.

Star (Christchurch), Issue 4765, 4 October 1893, Page 3

ALLEGED BREACHES OF THE LICENSING ACT.

♦ Decision Reserved. At the Christchurch Resident Magistrate's Court this morning, before Mr R. Beetham, R.M., and Mr E. Curry, J.P., Philip Mohr, licensee or" the Provincial Hotel, Cashel street, was charged with selling liquor to Margaret Syder on Sept. 16 during the time his licensed house should be closed, the said Margaret Ryder notf being a bond fide traveller. He was also charged with Belling one shilling's worth of whiskey to Margaret Smyth on Sept. 16, during the time his licensed house should be closed. . The charges were laid under Section 155 of the Licensing Act, 1881. Inspector Broham prosecuted, and Mr Eippenberger appeared for the defendant, who denied both charges. On being asked to produce the license, Mr Eippenberger raised the point as to whether he was bound to produce it or not. He did not know of any section in the Licensing Act which compelled the licensee of a hotel to produce his licence. Mr Beetham held that under Section 122 of the Act the publican wa9 bound to produce hiß license when asked to do so in Court. Mr Eippenberger : It has been ruled in other Courts, your Worship, that there is no power to compel a publican to produce his license. Mr Beetham: It does not matter how other Courts rule. Are you, or are you not, going to produce the license, Mr Eippenberger ? The license waa then produced, and Inspector Broham called Sergeant Wilson, who deposed that he went to the Provincial Hotel in company with Constable Christie about a quarter past twelve on Saturday morning, Sept. 16. Saw two women knock at the door and enter the hotel. Witness and Constable Christie stood about a chain and a half from the' hotel, and waited till the women came out. One of the women, Margaret Ryder, had a bottle containing beer, and the other, Margaret Smyth, had a small bottle containing liquor. Witness and the constable then entered the hotel, and found two men in the parlour bar, which appeared to be closed. Constable Christie opened the bar door, and witness saw defendant standing behind the bar, which was in darknesß. Told defendant that two women had just come out of the hotel with liquor in their possession. Defendant said the women had not been served with liquor in his presence and stated that the two men were boarders. To Mr Eippenberger: The women did not say that they had bought the liquor at nine o'clock in the evening. They told witness that defendant served them with the liquor. Margaret Ryder deposed that she bought one shilling's worth of whiskey and sixpenny worth of beer at the Provincial Hotel about nine o'clock on Friday evening Sept. 15. She did not take the liquor away, but aßked a young man who was in the bar to keep it till she returned later in the evening. She returned for the liquor some time after eleven o'clookt Margaret Smyth deposed that she went to the Provincial Hotel between twelve and one o'clock on Saturday morning, Sept. 16. Ryder asked for some beer and whiskey, but witness did not buy any. For the defence, Edward Arthur Gates deposed that he was a lodger at the Provincial Hotel. On Friday evening, Sept. 15, he served a woman named Ryder with liquor. Thia waß about nine o'clock in the evening. Ryder did not take the liquor away, but eaid she would call for it later in the evening. She returned after eleven o'clook and witness gave her the liquor. s Mr Eippenberger said defendant was charged with selling drink within prohibited hours. The evidenoe disclosed Bhowed that defendant did not sell any liquor within prohibited hours. Mr Beetham Baid ho would reserve hiß decision.