LICENSING BENCH.

Auckland Star, Volume XXXII, Issue 132, 5 June 1901, Page 3

LICENSING BENCH.

AUCKLAND CITY.

The members of the City Licensing Bench sat until 6.30 o'clock yesterday, the time being- mainly occupied in hearing- evidence for and against thte proposal to remove the license of the Fitzroy Hotel, Wakefield-street, to Glenalvon House in Syinonds-street. Mr Hugh Campbell made the .application on behalf of Mr H. J. Little,.the present, licensee of the Fitzroy Hotel.

Mr T. Cotter appeared for a number of objectors, owners and occupiers of property near Glenalvon, and Mr 0. Nicholson objected on behalf of Mrs Burns, owner of the Caledonia Hotel.

Mr Campbell submitted- plans and pointed out that Glenalvon House was n6t far from the Fitzroy Hotel. Mr Campbell contended that the main principle underlying the Act was that hotels should have considerable accommodation for the public and travellers generally. It was not intended to cultivate a bar. trade at the house, as Glenalvon was a well known boarding house. They wished to be in, a position to supply liquor to their own numerous boarders. The situation of the two houses must'show that the removal would be an advantage. A memorial had been lodged against the transfer on the ground that the house was not required, and the quiet of the neighbourhood would be disturbed if a license was granted. Mr Campbell contended that the objections were not sound ones, as practically the neighbourhood was the same. He thought a transfer to Glenalvon House would rather guarantee that the neighbourhood would be quieter. No less than 42 of the objectors lived lower down Symonds-street than even the Wynyard Arms Hotel. Of the remaining 09 objectors no less than 45 were lodgers, so they were reduced to 24 actual householders who objected to the transfer. A memorial had also been lodged in support of the application, containing tlie names of 90 persons all living near Glenalvon House. Of the total, 41 were householders, eight lodgers, and seven both householders ajid occupants. He contended that the application was a very fair one.

Frederick George Pilcher, accountant to the firm of J. Mowbray, deposed that Glenalvon was frequented by the highest class of boarders. He understood the average number to be about 40.

My Mr Cotter: Mr John Mowbray,' witness' employer, was the managing director of the Great Northern Brewery, the firm interested in applying for this transfer. Witness could swear to the genuineness of the signatures h<> got to the memorial.

Sidney W. Somerfield, traveller for the Great Northern Brewery, deposed he obtained a portion of the signatures to the memorial in favour of ilie transfer, with the assistance of Mr Richer. By Mr Nicholson: A license to Glenalvon House would place a hotel between the Wynyard Arms and fhe Caledonia in Symonds-street. Daniel S. McLeod deposed he lived next (Jlenalvon. A license there would he an improvement, as Glenalvon would be a quiet hotel. By- Mr Cotter: Witness intended to remove in three or four months' time, having purchased a place at Ellerslie. Mr Cotter: You are a bookmaker? Yes; I don't deny th.at. Mr Cotter: I suppose you think the quiet of Queen-street ha,s also been improved by bookmakers beingthere? Witness: It would be a good job if they were all bookmakers in the street. (Laughter.) Mr Cotter: And I suppose it would be a. good job if they were all hotels in Symonds-street. Dr. T. H. Lewis deposed he signed a memorial in favour of a license for Glenalvon. fie thought it would be an advantage as compared with the Fitzroy Hotel, He did not think it would be a disturbance to the neighbourhood. Glenalvon was nearly always full of boarders. Mr Cotter: That being so, where is the necessity for a license? Witness; ] don't know. In answer to Mr Graves Aijckin, Dr. Lewis said he was satisfied if a license was granted to Mr and MYs Scherff the bourse would not be conducted so as to be a. nuisance to the neighbourhood. William Ledingham deposed he had property near (Tlenalvon House. He did not object to a license being granted that house. He thought a first-class hotel would improve the neighbourhood. Richard Henry Finch deposed he was in favour of the transfer of the license. The transfer would le relieving the neighbourhood where he lived of one hotel. (Laughter.)

By Mr Cotter: It would improve his neighbourhood by removing- this hotel somewhere else. At the same time he did not think those who had frequented the Fitzroy Hotel would go to Glenalvon.

Percy I). Scherff, son of Mr F. Scherff, of Glenalvon House, deposed their boarders were the best class of people. The intention was to have a first4class hotel, but not to have a bar on the street. «

<lohn Mowbray, managing director of Great Northern Brewei-y Company, deposed that both Glenalvon House am, Fitzroy Hotel belonged to the company. It was deemed advisable to have, a license for the house so as to run a first class hotel instead of a first class boarding-house as at present.

Mr Cotter, for the objectors, said he was surprised at this application, as. there seemed to be no alterations in the circumstances now from what they were a year ago, when Mr Campbell withdrew a similar application when similar objections were lodged. Persons who bought property, did not wish to reside next door to an hqtel, and no . evidence had been produced to show that* the transfer would be for the benefit of the general public. His clients owned property adjacent to Glenalvon, and for that reason objected to the license being transferred there. As the application stood; to convenience 40 boarders at Glenalvon, people there were to have an hotel placed alongside their property.

Mr Nicholson said as there was a well-conducted hotel at the corner of Ivarangahape Eoad, the license for Glenalvon was not required.

Mrs Mary Ann Pilkington deposed she owned and occupied premises in

Symonds-street, adjoining Glenalvon. She objected to the license being transferred, and therefore went round and got the signatures to the petition. She did not think the place would be so quiet for a residence if a license was granted to Glenalvon. By Mr Campbell: Witness did not get all the signatures. She did attest them, as she could trust the ladies who got the remainder of the signatures. (Laughter.) Mrs liichard HeUaby deposed she owned property adjoining Glenalvon, and had a strong objection to the transfer of the license to that house. Up to the present that place had been very nice and quiet for residential purposes, but if Glenalvon had a license she. would have to remove. She objected to the hotel for her family's sake, and she also considered it would depreciate the value of the property. Pastor Clark deposed his place adjoined Glenalvon. He saw no reason why Glenarvon should be licensed, as all round it was at present a residential neighbourhood. He considered property would be depreciated if Glenalvon was turned into an hotel. The Committee, after half an hour's retirement, returned into Court, and the chairman announced that the majority had decided not to grant the transfer. Mr Campbell quoted the Act to show that a reason for refusal must be given by the committee. After conferring again, the chairman announced that those members of the committee who voted against the transfer considered that the house was not required in the neighbourhood. The license of the Fitzroy Hotel was then renewed to 11. 3. Little. ELEVEN O'CLOCK LICENSES. Mr J. R. Keed applied for a permit for city public-houses to keep open for an extra hour at night during the Duke of York's visit, upon payment of an additional fee of £5. He said the reason of the application was not for profit for publicans, as it would mean an enormous sale to make a profit of £1 for the extra hour each day of the week to make up the £5 fee. The reason was that during the Duke's visit people would be out until late, and come in wanting liquor, to which they had right, but there was a danger of committing a breach of the law, unless they shut up the bar altogether. With so many strangers in town it would be very easy to make a mistake about a boarder. The application was made purely in the interest of the'travelling public. He understood the application would not be opposed by the police. Mr Cotter submitted that the application should be granted, as next week's festivities were a special occasion. If a number of persons were about the street till late at night nextweek, hotelkeepers would be in a very peculiar position in having to close the hotels at 10 o'clock at night. He considered the application a most reasonable one. Mr Campbell said it would be admitted that publicans had .bern trying to keep the law in respect to early closing, but next week it would be ! almost impossible to close hotels at jlO o'clock at uight. The concessions j asked for by the hotelkeepers, if j granted, would save the police a lot jof trouble, and be a convenience to i the public generally. Inspector Cullen said the trouble was that he feared if the committee took the fee of £5 for next week, it would mean giving the hotels the right to keep open till 11 o'clock until the Ist of July. Personally, he would prefer to see the hotels legally open till 11 o'clock at night next week, rather than compelled to close at I<J. He certainly would not oppose the extension for one week if that could be granted. Pastor J. Clark said he opposed the application on the'ground that it was ; contrary to the will of the people, as ! expressed when the present committee was elected. If it was possible to keep the law at 11 o'clock next week, if was equally possible to do so at 10 o'clock. It was unwise to grant an extra hour for the sale of liquor at a time of popular excitement, for the longer the hotels were open the longer people would drink. They viewed with gravest apprehension any attempt to deviate from the expressed will of the people in regard to ten o'clock closing. To grant the request would be to thrust an indignily upon the people of the city who had voted for 10 o'clock closing. Mrs Alex. Thorne, on behalf of the W.C.T.U:, protested against the granting of the application, as did also Mrs Dewar, Mr Dewar, and Mr Spedding. The committee, after conferring in private, decided not to grant the application for extension of the hour of closing until 11 o'clock.