Folkestone Express
30-9-1939
Local News
On Friday Herbert Jackson Bowen, 19 Broadmead Road,
Folkestone, was summoned at Folkestone Police Court that he, being the holder
of an Excise and Justices` Licence allowing him to sell intoxicating liquor,
sold a lesser quantity than a one pint bottle, namely one half pint bottle of
spirits, on August 3rd. Defendant`s sixteen year old daughter, Miss
Eva Bowen, was summoned for aiding and abetting her father.
Mr. J.N.B. Laine prosecuted on behalf of the Commissioners
of Customs and Excise. The position of a retailer of spirits, he said, in
holding an Excise and Justices` Licence was that he must not sell a quantity of
spirits less than one pint bottle. The defendant was the holder of a Justices`
and Excise licence. On the 3rd August, at about 12.45 p.m., an
Excise officer entered the defendant`s premises at 19, Broadmead Road and asked
for a small bottle of John Haig. The defendant`s daughter was behind the
counter and she enquired whether he wanted a 3/6 size, a quarter bottle, and
when he said “Yes”, sold it to him. The officer wrote to the defendant, Mr.
Bowen, asking for an explanation. The defendant called upon him the following
day and said he was sorry he had acted illegally. He also stated that he knew
he was not allowed to sell such a quantity, but occasionally supplied regular
customers, and no doubt his daughter was also anxious to oblige such customers.
The point of the Act was to protect on-licensees, publicans, who were
privileged to sell these small bottles.
Mr. A. Atkinson, who appeared for the
defendants and pleaded guilty on their behalf, said it was, as his friend had
said, a technical offence. They could buy five quarter bottles from such a
shop, but not one. It seemed that Mr. Bumble’s opinion of the law was sometimes
justified. Defendant’s shop was a small one and he had to leave it to go on his
rounds. When he did so, he left his daughter in charge and she was ignorant of
the licensing laws and was anxious to oblige.
The Magistrates’ Clerk (Mr. C. Rootes) said
they had better hear Miss Bowen in the witness box.
Miss Bowen said she was not told by her father
that she was not allowed to sell the quarter bottles.
The Chairman (Mr. L.G.A. Collins) said Bowen would
be fined £2 and the case against his daughter would be dismissed.
Folkestone Herald
30-9-1939
Local News
"Mr. Bumble's
opinion of the law is sometimes almost justified”, was the statement of a
defending solicitor at the Folkestone Police Court on Friday last week in a case
in which a Folkestone off-licensee and his daughter appeared for a breach of
the Licensing Act.
Herbert J. Bower, of
19, Broadmead Road, Folkestone, was summoned for selling a single quantity of
spirits less than that allowed him as the holder of an off-licence. Eva Agnes Bowen, his daughter, was summoned for aiding and
abetting the offence. Defendants, who were represented by Mr.. A. Atkinson,
pleaded Guilty.
Mr. J.N.B. Laine, prosecuting on behalf of the Commissioners of Customs
and Excise, said the position was that off-licensees were by law entitled to
sell no quantity of liquor by itself of less than a quart measure. There was an
exception in the case of licensees holding a Justices’ Licence, and they were
entitled to sell quantities of not less than one pint. The facts were that defendant’s
daughter was serving in the shop on August 3rd when a Preventive
Officer, Mr. Dalby, asked her for a small bottle of whisky. She asked him if he
would take a 3/6d. bottle and he said “Yes”. That day the officer wrote to the
defendant stating the occurrence and informing him of the offence, and
defendant called to see him the next day. Defendant
explained that he sometimes obliged regular customers with a quarter bottle of
whisky. He knew that he was not allowed to do
so by the law.
Addressing the
Magistrates, Mr. Atkinson said defendant had gone out and whilst he was away
from the shop his daughter, aged 16, had
supplied the bottle, thinking she was doing no harm. There had been no
intentional offence by either party.
Miss Bowen stated on oath
that she had never been told
that it was not permissible to sell quarter-bottles of whisky.
Defendant was fined £2, the summons against Miss Bowen being dismissed with
a caution.
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