LICENSEE CHARGED

Waikato Times, Volume 124, Issue 20715, 27 January 1939, Page 10

LICENSEE CHARGED

AFTER HOURS ALLEGED

LIQUOR FOR YOUNG MEN MAGISTRATE RESERVES DECISION After hearing evidence throughout the afternoon session of the Magistrate's Court, Hamilton, yesterday, Mr J. Molding. S.M., reserved decision in the charges preferred against Henry Langiands, licensee of the Wliatawiiata Hotel, that on November 8, 1938, he sold liquor after hours, and also that he opened his premises after hours for the sale ol liquor. Langiands. who was represented by Mr N. S. Johnson, pleaded not guilty. The prosecution was conducted by Senior-Sergeant G. 11. Lambert. Raymond Ernest Yallis said he at- 1 tended a function at Matangi in the evening of November 8. Liquor refreshments became short and with some friends he went through to , Whatawhata, arriving at about 11.15' p.m. At Whatawhata Yallis endeavoured to obtain liquor at the j hotel. in response to knocking, a ' man in a gown answered the hack door. Yallis asked for a dozen large bottles of ale and half a dozen large bottles of stout. After leaving the hotel the car went over the bank and the liquor bottles were practically all broken. Two bottles which were unbroken were thrown away before the police came. Yallis said the driver of the car was perfectly sober. Broken Bottles in Car Cross-examined Yallis said there were no lights in the hotel when they arrived. Knocking at the front door brought no response and he went to the back door. The man who supplied the liquor was not Langiands. Jack Fry, factory hand, said he was with Yallis when the liquor was purchased from the Whatawhata Hotel. Fry now knew the man who supplied the liquor was not Langiands. Constable G. C. Donnelly said he searched for the liquor which had been thrown from the car. Two bottles were found in the scrub and broken bottles were in the car. Constable Donnelly said, under cross-examination, that Langiands had denied supplying liquor to the men. In previous inspections, the' witness bad never found anyone unlawfully on the hotel premises. Sergeant M. Farrell said he approached the defendant regarding the sale of liquor and he was answered that the licensee only had the keys and no one could have got beer. On a previous visit one Sunday the witness found that a man named Molloy had served liquor to a man.

Defendant’s Submissions

Mr Johnson drew the attention of the magistrate to the fact that the licensee was not informed of the allegations until a fortnight after. Counsel submitted the prosecution did not go far enough to warrant a conviction. The licensee was in this oase charged with supplying, liquor and not with allowing it to be served as was the usual case. There was no evidence that the person who supplied the liquor was an employee cn the premises.

The defendant said he had been a licensee for 16 years and this was his first appearance before the court. He denied supplying liquor after hours to any young men. A man named Molloy lived with witness and was acting as barman only during a period when Langiands was away. Since September Molloy had not served in the bar and had no authority to sell liquor. Molloy sold the beer to the young men on November 8 from a private supply he had In his room. Thomas Molloy said he lived with Langiands to whom he was related, but he was not employed at the hotel. Since September he had not been acting as barman at any time. Molloy said on November 8 he served some liquor to two young men. He did not consult Langiands but let the men have some of his private liquor which he had purchased himself to take to a party. He did not have beer in his room as a rule.