PATEA LICENSING COMMITTEE.

Hawera & Normanby Star, Volume LXV, Issue LXV, 17 June 1913, Page 5

PATEA LICENSING COMMITTEE.

ADJOURNED MEETING. ■ The adjourned meeting of the Patca Lic-ensiii" Committee was held at noon on Monday. There were present: Messrs VV. (*. ive.mck (chairman;, E, A. Paeev,E. Dixon, J. Davidson, and H. Graves'. RENEWAL. William Moore made an application for the renewal or a publican's license with respect to the Commercial Hotel, Norman by. } I This application had been adjourned to enable the licessee or the owners to erect additional water tanks in order to comply with the requirements of the resolution oi the Committee. Mr B. McCarthy appeared in support oi L-he application, and said the requirements ot^ the Committee had been complied witn. Constable Hadler deposed that five additional (XMJ-galLon tanks had been erected, giving an increased supply of 3000 q** lIOIIS. The application was granted. A CONTESTED APPLICATION. Vivian Vitcent Fizelle applied for the renewal of a publican's license with respect to tne Central Hotel, I'atea. The application had been adjourned trom the annual meeting owing to a poJice objection to a shed, and to enable the Committee to look more fully mto a report it had received on the' conduct of the hoted, as affecting the license, and to I enable the licensee to reply to the statements in the report.

o £ De? aM? eared for the licensee, Mr (*. Carrie (Waaganui) for the owner Sergeant. Griffith represented the police , Constable Armour stated that the shed had been removed.

_ Mr O Dea, referring to the major objection, said he had three objections as to the jurisdiction of the Committee hearing it. His first objection was that the objection had not'been given to the licensee at the nistaiit It was made to the Licensing Committee; the second objection was that the objection was not on the motion of the Committee; it was really an objection by the police. The third objection was that the nature ofthe objection was not stated in open' Court for the benefit of the licensee. Sergeant Griffith saia that notice was given to the licensee as soon as it was possible.

The Chairman ruled counsel's objections out. He said the Committee did not wish to make the nature of the objection to the licensee public at the. annual meeting until the licensee and the Committee had had an opportunity of going into it. The licensee was supplied with the nature of the objection as soon as it was possible to supply him with the information. He thought the Committee had done fill that was reasonable. Sergeant Griffith called Mrs Fizelle, who stated that she was the wife of tht* licensee. ' Mr ODea objected to the witness giving any further evidence as against her husband. The Chairman upheld the objection, and the witness wag allowed to stand Gown. Constable Armour was next called. Mr ODea objected to' the constable giving evidence as to what Mrs Fizelle had said to him. - The Chairman ruled the evidence could-only _be kjvon as to what had occurred Wjigh the licensee was present, i The constable stated that Mrs Fizelle had come to him about some trouble and she wanted him to get a woman out of the house. The Chairman: Referring to any particular woman? Witness: Tp the cook.. Witness said Fizelle was present and remarked that things were not as bad as his wife made .them out to be. He would see that the.cook, went away .that day. [Mrs li'zelle then asked witness to go 'and see: the COQ k iyj r jpi ze \\ c j^ not | The, Sergeant: Can I-get any uifqrmaV tion as to what Mrs Edwards said ' " " Mr ODea: Certainly not. The Chairman: No/ ! Ada Ann Edwards deposed that she was a widow and a cook at the Central Hotel, Patea. There was some trouble on the morning of June 1 oil account of Mr Fizelle being in her room. Thought this was about one o'clock. She was asleep, and woke up finding him in her room, and Mrs Fizelle sang out. When she awoke she saw Mi* Fizelle standing at the foot of the bed. She could not recollect what was said when Mrs Fizelle came into the room. The Chairman: What was> Fizelle doing?— Well, I could not say. He had said I had left my light burning. Was he dressed ? —He was dressed when I saw him, with the. exception of his coat. Was he sober on that occasion ?—Well, I could not say. I did not speak to him, and really I do not recollect much of what took place. ' ■ 'The Chairman: When did he give the explanation to yon?—lt was after- I went out to speak to Mrs"Fizelle. ... The Chairman: What was paidl.-be-tween you and 'Mrs: Fizelle. Wa^ilr Fizelle present ?—Yes/ I do not -recollect what was said, for everybody seefhed/to be excited. ' ' ' V

Witness was also questioned relative to a man, named Alford, wh6 had visited her room. She admitted that on one occasion he was there for two hours—from shortly after lOtiUiafter 12 o'clock. She had been engaged to him. Witness left the;hotel because Mys Fizelle told her. to go, and she ass Timed she was told to go because of all 1 that had happened. • ...., ;

. John Alford.i'- billiard-marker," 'employed at, the Cejita"al -Hotel ,>: exam ined by. tlie sergeant^ said that, Mrs/, Fizelle had come to- himoil-'the';ii-ight in, qjresT ■tibii,. tliat her husbanc]L had been : iri the cook's room}' Witness'%ae, ■en<saged .to ~Mi"s ■Edwards; '\ ■~'.' ;' • The Sergeant: Did you go and: see the cook for an explanation ?—Not that night. You had been there previously that night yourself?— Yes. . Did Fizelle know you were in- the habit of visiting the room?—I don't think so.

When you left was there a light burning?— Yes. Do you know if Mrs Fizelle ever charged him with impropriety before? —On one occasion something occurred.

With the same lady ? —No ; she was not in the place then. Mr ODea: When you went to Mrs Edwards' room her little girl was always present ?—Always. Was she in - the room that night ? — No.

Did you know that?— No. The Chairman: Surely he would know.

Witness: I did not know until I got there.

This was the evidence for the

police. Mr ODea submitted that there was no case to answer, and that it was unnecessary for him to call evidence. The licensee was charged (1) that he is a man of bad fame and character. There was no evidence t?*at he was. (2) That he has permitted immorality to be carried out. There was no evidence to prove this.

The Chairman replied that there was & case1 to answer.

Mr ODea called Messrs H. Priestly (Patea). E*. Barton (Hawera), R. W. Hamerton, C. A. Larcomb, and Ferguson (Patea), who all deposed that the licensee.was a man of good character, and' the house bad been' admirably conducted by hi'iM.

•Tne licensee said he had been ia the hotel for about sixteen months." lie remembered the night of June-1 Mr ODea: Why didn't you go to , bed when the hotel closed ? —JBecaiiee ! I was with some friends who were i boarders. About one o'clock he left | the boys and went to the cellar to put some stuff away. He had all bis clothes on except the coat. Was that your usual practice?— Yes. "With regard to the cook's room were you in her room?— Yes. What made- you go in?— There was a light in the room, and I heard the woman groaning. He added that He'had 119 sooner got 111 the room than Mrs IMzelle came to the window. He met her afterwards.

Wore you in the room for any improper purpose?— Certainly not. " Did you think you had'any right to be there f~ Yes, because I thought she was ill.

Had you been there "before?— No. _ Were you aware that Alford went into the cook's room? —I had never known him to be there before. The Sergeant: You would have been wise had you got Mrs Fizelle to go in Why didn't you do that?—l had not given it a thought. It would have saved a lot of trouble. —-No doubt.

TBie Chairman: Where was she? Was she with you when you were with the boarders?—No; she was in bed. The Sergeant: When Mrs Fizelle appeared way didn't you explain the matter to her!- —She was too excited; she refused to listen to reason. Did the cook leave? —Yes. •

Mrs Fizelle stated in evidence that she went to bed at 11.30 o'clock on the night in question, and later, missing her husband, went to look for him. She thought she heard, footsteps near tfce cook's room, and going to the window saw her husband near tne foot of the bed.

Mr ODea: Did you tell. a different story to the police?—l-don't''know; I fancy I did. .

What state were you In?—I was very excited.. I think I .blamed my husband wrongly. \ That is your straightforward,.hoivest conviction?— Yes. .'■ "v

Replying to the sergeant, the wit-,-ness- said she wanted to- send the cook away because she (witness) was jealqus. "I am now satisfied that I was in the wrong," she added. The Chairman asked if there were any convictions against the licensee. Constable Armor (officer in' charge at Ifatea) : No. He added that at the last quarterly, meeting he had made a complaint, ajhpt after-hour trading, and *'r Fizelle had been warned by the Licensing, XEommittee. The Chairman: How has the hotel be.en : conducted since that report?—lt has been very much better conducted: it has been pretty well.conducted.The committee retired to consider the position. Upon resuming, after 20 minutes'' deliberation, the Chairman said that a majority of the committee had decided to renew the license. It was well to speak plainly. It had been a pretty close go; but as there had been no conviction the committee decided to grant the license. The wife of the licensee must have thought something was. wrong, or'else she would not have got up after being asleep "to KQ and see where her liufihaad was. If the cook had boon ill the husband should have called his wife, as it was her place.to sgg that her servants were looked after and were properly conducting themselves. The committee hoped that. the licensee would take warning from the present proceedings,