Liquor Sold On Unlicensed Premises (Press, 27 April 1978)

On 27 April 1978, Laurella Carolyn Stevenson, a 26-year-old housewife, and Gavin Edgar William Kinsman, a 49-year-old labourer, were each fined $100 after being found guilty of unlawfully using the Windsor Club for liquor consumption while being involved in its management. They were also convicted and discharged on charges of keeping liquor for sale without proper authorisation. Both defendants had initially pleaded not guilty to the charges. The case arose after Constable A. F. Newman entered the Windsor Club, located at 362 Barbadoes Street, at 1 a.m. on 10 December 1977, while in plain clothes. Upon arrival, Stevenson welcomed her and pointed her to the bar, offering assistance on the purchasing system in place. Stevenson explained that patrons could buy a blue card for $4 that entitled them to nine nips of spirits. During this conversation, other police officers arrived, and Sergeant R. S. Brickman later testified that he seized a significant amount of liquor from the premises, valued at $400. The club had allegedly been formed to cater to a specific group of people in an effort to keep them "off the streets." According to testimony from Sergeant K. T. Boyle, who had been monitoring the establishment since the previous November, there were frequent visitors between late morning and early morning hours, particularly on weekends. Stevenson claimed that no monetary exchanges occurred in relation to liquor purchases, as members signed a visitors’ book and used card segments to obtain drinks. During the trial, the defence counsel contended that the prosecution failed to prove that the defendants were not authorised to sell liquor or that the premises were unlicensed. However, Senior-Sergeant R. A. Cook argued that the burden of proof lay with the defendants, who needed to disprove the charges against them. Magistrate K. W. Frampton expressed his satisfaction that the club was indeed being operated for liquor consumption and that both Stevenson and Kinsman played a significant role in its management. He noted that if the defendants had been authorised to sell liquor and the Windsor Club had been licensed, Stevenson would have likely informed Sergeant Boyle of this during his visit. Ultimately, the Magistrate found both defendants guilty on all counts but took into account their personal circumstances and the fact that the club had since closed. They were each fined $100 and ordered to forfeit the confiscated liquor.

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