HOTEL OFFENCE

Waikato Times, Volume 125, Issue 20951, 2 November 1939, Page 8

HOTEL OFFENCE

YOUTHS UNDER AGE CONVICTED BY COURT LICENSEE & BARMEN CHARGED “The requirements of the Licensing Act are very stringent. It has been said by a Supreme Court judge that only with the very greatest circumspection can a licensee avoid committting a breach,” commented Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, to-day. during a case involving breaches of the Act. “The standard set by the law is very high and it is, therefore, very easy for slips to be made, especially during rush hours. That is not accepted by the law as an excuse, but it can be taken into account in mitigation of an offence.” Cyril Lonsdale Nicholls, licensee of the Frankton Hotel, was convicted and ordered to pay costs on a charge of supplying liquor to two youths, to which he pleaded not guilty. Two barmen at the hotel, Tasman William Dufty and Wellington Harold, were each convicted on similar offences and fined £1 and costs. They pleaded not guilty. The two youths concerned in the case, Charles William Burr, and Ernest Harold Welch, were charged with aiding the barmen in the commission of the offence and both were fined £2 10s and costs. Mr J. F. Strang appeared for the licensee and the barmen and Mr N. D’Arcy Smith appeared for the two youths. Senior-sergeant G. H. Lambert prosecuted. In the Hotel Burr said in evidence that on Saturday afternoon, September 20, he and Welch went into the Frankton Hotel to ascertain a football score and there met two men whom neither knew by name. Burr asked the men to have a drink and he “shouted” for a round of four. Each of the two men bought drinks later and the “school” finished up with a “shout” from Welch. Both Burr and Welch had consumed four drinks. Burr then went to the bottle department and purchased four large bottles of beer. He took them to a car and was approached by Sergeant Fryer and Constable Crisp, of Frankton, in doing so. The police officers took the two youths back into the bar to identify the barmen. Burr had bought the beer for a dance that night. In cross-examination Sergeant H. Fryer said the licensee exercised excellent control over the hotel, which was not an easy one to manage. That mgnt the bar supervisor was ill and not on duty. Duity said he did not remember having seen either of the youths in the bar. The place was very crowded at the time. Harold denied having served Burr in the bottle department. The magistrate commented that it was obvious the youths had purchased the beer in the hotel.