THE RESPONSIBILITIES OF LICENSEES.

Wanganui Herald, Volume XXXVII, Issue 11045, 5 September 1903, Page 7

THE RESPONSIBILITIES OF LICENSEES.

o Judgment was given at the - olice Court this morning by Mr C. C. Kettle, S.M.,an the case in which A. R. Maltbv, licensee of the Albion Hotel, was charged with selling liquor on the 19th instant, to W. McElwain when he was already iv a state of intoxication. The Magistrate ernlaiued that the licensee had been charged on two ' informations — with permitting drunkenness on his licensed premises and with selling Honor to (W. McElwain) an intoxicated person, tho. circumstances in both cases being identical. The first information he had dismissed, becunse it had not been shown that tho licensee know that McElwain wap supplied with drink, nor did the evidence justify the inference that lie was wilfully ignorant or connived at what took plaec. With regard to the second information, it was not necessary that it should be proved that ho had a knowledge of what took place. Thu evidence as to McElwain a drunken cou-

iition was overwhelming, and he oucjlit not to have been serwd with liquor. His Worship said he assumed »that the licensee did not know what was going on in his bar; jut if hotolkcepcrs employed young and inexperienced people" to serve . behind their bars they must take the risk of getting into ;rouble. Licensees should be most careful aid employ people of mature years, and reliable. Xhe law provided that if liquor ivaß served to a person under the influence jf liquor, even though the licensee had instructed his employees n,ot to serve him, ;»nd they did so in defiance of hie instructions, the licensee was liable and the license must' be endorsed. Under the circumstances he would have to-cnter up-a conviction, ahd would inflict a fine of and costs 9s. • JMr Treadwcll, who appeared for defend-ants-asked the Magistrate to make the fine iSsls. The Magistrate said Mr Justice Williams had laid it down that it^was a wrong thing to increase penalties for the purpose of allowing appeals, and he intended to follow His Honor's ruling. Mr Trcadwell pointed out that his Worship had on different occasions increased fines to enable appeals.to be heard, and instanced the case of I*oole. . The Magistrate retorted that Mr Justic( Williams had expressed strong opinions or the subject, and he (the Magistrate) intended to follow the ruling. Mr Treadwcll said that his client woulc sutler a very great hardship, inasmuch ai the lca&e provided that the lease must laps< if au endorsement wei^e enteted up. Pos sibly another Judge might take a diffcrcn' view of, the matter to his Worship, and h< thought he should bo given an opportunity to appeal. The Magistrate said he could not alte; his decision.