SALES OF LIQUOR

Wanganui Chronicle, Volume 79, Issue 123, 26 May 1936, Page 9

SALES OF LIQUOR

OFFENCES ON WANGANUI RIVER. UOMI’ANj AM) STEWARD FJNED. Fines were imposed by Mr. J. H. Salmon, S.M., in Uie Wanganui Ilngisttale's Court yesterday as lhe result of pleas of guilty entered by two defendants in respect to the sale of liquor at a landing oil the Wanganui Ri\cr. lhe defendants were the Wanganui Riser be r vices Lid. and Ngipcne Rapina, a steward in its employ. lU4 iha was lined £1! and ordered lo pay costs and lhe company £.lO, plus cOats. A similar charge was preferred against both defendants, that on April 16, being the owner of tlre vessel Waiora, and tire holder of a packet licence in respect to such vessel did without being duly licensed' 10 do so. sell liquor to Herbert 1 dley and Pete Paul Oißoyle at Te Aamu, I hey not being passengers on lhe vessel. Both pleaded guilty. benior-bergeant L. R. Capp, who appeared for the police, stated that two constables were at Wade’s Landing, in the upper reaches of the river and in the morning crossed the river and walked down to Te Namu y and there saw the river boat tied up at the landing, with another smaller vessel alongside. The -crew at the time were engaged in shifting cargo. The constables went oti board the Waiora, which is subject to a packet licence. They asked for the steward and Rapiha came along. They purchased some stores and then asked lor a bottle of whisky, and one was sold to them for His. They also bought two bottles of beer for 2s each. A. few minutes later one of the constables also purchased two more bottles of beer and they then walked away. Defendant Rapiha was interviewed later by Sergeant Harrison and admitted that he was in the employ, of the company and had charge of the liquor and admilted making the sale. He added that his instructions were that he was not to supply liquor t<> any persun at a landing. There had been a good deal of illicit trading going on m the upper reaches of the river, added the seniorsergeant. The two constables had been there for eight or nine days and they had noticed persons going away under the influence of liquor. Mr. J. M. Hussey (who appeared for both defendants); 1 object to a general statement like that. Iu pleading guilty we were not agreeing to a general statement. “The liquor belonged to the company and we contend that the company is vicariously responsible for the acts ot its servants,” said the senior-sergeant, continuing. “This case is almost the same as that of a licensee, only the company’s responsibility is greater than that of a licensee. It must see that conditions and terms of the licence are strictly complied with.” “I resent the implication that the company is engaged in illicit trading,” said Mr. Hussey. “If the constables saw men at the landing going away under the influence of liquor, Why didn’t they arrest them! 1 object to a general statement about illicit trading up-river and regard it as a bit of mud slinging. The constables bough., some small stores and indued .VI'’ 1 '’ steward to sell them some whisky. The stuff was being transferred from one boat to the other and was on deck ot the time. There is a vicarious Jiabil itv on the company, but strict insttuctions are given to the men not to supply liquor to anybody but passengers. I suggest that it is a case for a nominal penalty.” “1 have had cases before of this nature,” said the magistrate, “and it has been pointed out in this Court that this company is in a favoured position. Tha packet licence it holds enables it to trade in a no-licence area, and under the terms of that licence it is bound to sell only to passengers, and then only between ports of call. It is obvious that there is a very limited demand for liquor on these vessels, or there should be. Strict care should be taken to see that stewards obey instructions and if they disobey then those stewards should be discharged.