BEER FOR YOUTHS

Waikato Times, Volume 124, Issue 20785, 21 April 1939, Page 9

BEER FOR YOUTHS

DUTIES OF LICENSEES BARMAN’S POSITION EXPLAINED HAMILTON LICENSING BREACHES “Obligations of hotel licensees and barmen regarding serving persons apparently under the age of 21 years, require more than a perfunctory asking of the age of a person wanting a drink," said Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, in commenting on the Licensing Act when several cases came before him yesterday afternoon. “The crux of the matter in serving people who may or may not be 21,” added the Magistrate, “is the word ‘apparent’ which is included in the law. If a person is apparently over 21 years of age yet actually he is not, then it would be no offence but if a person was actually over 2 1 years of age yet was apparently under age it would be an offence to serve him with liquor on licensed premises. Therefore, it will be seen that it is not enough to ask a person his age and accept that.” Mr Paterson said an error of judgment on the part of a barman was sufficient to warrant a conviction. Strict Observance Urged “The Licensing Act is difficult to administer," he added. “A licensee is hedged around with restrictions and can avoid breaking Hie law only by strict observance ol' the Act. If a person seems to be of immaturity the i a barman is taking a risk in serving him. •ihe police brought nine charges in relation to alleged breaches of the Licensing Act yeslerdax. Convictions wet e entered on only two of them. Eric Roy Nelson, barman of the Hamilton Hotel, was convicted ami ordered to pay the costs of the prosecution for supplying liquor to a person apparently under the age of 21. Eric Thomas Gardiner, barman of the Commercial Hotel, was convicted and fined 10s and costs on a similar charge while Leslie Clarkin, barman of the Commercial Hotel, was exonerated on a similar charge which was dismissed on condition that defendant pay the costs of the prosecution. Licensees Exonerated Charges brought against licensees in Hamilton. Hubert Arnond Grayson, of the Hamilton Hotel, and Leslie Earls Haines, of the Commercial Hotel, for allowing intoxicating liquor to be sold to a person apparently under the age of 21 years of age, were both dismissed on condition that the defendants pay the costs of the respective prosecutions, the Magistrate holding that the licensees, in both cases, had given their barmen explicit instructions not to serve people apparently under 21 years of age. The other charges related to persons under 21' years of age securing liquor. Jonathan Hutchinson (19), a miner, of Pukemiro. was convicted and fined £i and costs for aiding and abetting in the sale of liquor to a person apparently under the age of 21. Hutchinson was served by the barman Nelson who did not ask his age as he considered the defendant appeared to be over 21. Nelson refused to serve a youth who was accompanying Hutchinson. Youth’s Lapses Three charges in relation to breaches of the Licensing Act led to convictions being entered against Keith McDonald Sparkes (19), a labourer, of Leamington, Cambridge. On a charge of falsely representing that he was 21 to obtain liquor on licensed premises and two charges ot' aiding and abetting in the supply of liquor by a barman to a person apparently under the age of 21. he was lined 10s and costs on each charge. Sparkes appeared in Court yesterday under arrest for failing to appear as a witness in the other liquor cases when summoned last week. Charged with that offence, he was convicted and discharged. Sparkes said one barman asked him his age and he replied that he was 21. lie told the licensee and Sergeant Farrell that he was 21. The licensee Haines said he had never been before the court to face a licensing charge. On Anniversary Day between 20 and 30 young men were refused drink. Eric Thomas Gardiner, a barman of the Commercial Hotel, said he asked Sparkes his age because he appeared a “border-line" case. Sparkes assured witness he was 21 so Gardiner believed him.

Leslie Thomas Clarkin. another barman of the Commercial Hotel, said he served drinks for Sparkes when the latter was out of the bar. When Sparkes returned to have the drink. Clarkin asked Gardiner if Sparkes was 21. Gardiner told Clarkin that Sparkes had said he was 21.