LICENSING COURTS.

Lyttelton Times, Volume LVIII, Issue 6715, 5 September 1882, Page 3

LICENSING COURTS.

CHRISTCHURCH SOUTH.

The quarterly -meeting- of the Licensing Commissioners for the District of Christohuroh South was held yesterday, at noon ; present—Mr B. Westonra (in the. ohair), Meisrs 0. A. Pritchard and John Anderson. EXTENSION OF HOUBS. Francis Arenas.—Mr Thomas applied for a twelve o’clock license for the Cara Franqsis, in Oashef street, And stated that the closing at ton o’clock was a great loss to Mr Arenas, and an inconvenience to many of the business employees in the neighbourhood,; especially on Saturday nights. He was also prevented from catering for public suppers, a business in which'he nied to be largely patronised. Mr Arenas was examined, and substantiated what Mr Thomas had taid.

T. BryAnt.—Mr Longhrey applied for a. twelve o’clock license for the Grosvenor Hotel, and represented that the concession would be a great convenience to railway passengers. . . .. John Fox.—Mr Loughrey made a similar application for the Prince of Wales. The patrons of this hotel were principally working men. : . ’ ■ John Godso.—Mr loughrey made a similar application for tbe Southern Hotel. Jesse Hall.—Mr Loughrey made a'similar application for the Eastern Hotel. Joseph Hadfield.—Mr Thomas made a similar application for the Laugh am Hotel. 0. Klingenslein.—Mr Stringer made a limilar application for Mr Elingehstein’s hotel in Cashel street. Henry Keane.—Mr Keane applied in person for an extension of license till midnight, for the Scotch Stores. He was now building additions at an expense of £2OOO, and proposed shortly to spend some £7OOO or £BOOO m erecting a fine building. Charles Knowsley applied personally for a midnight license for the Queen’s Hotel. - William Henry Orchard.—Mr. J. B. Fisher applied for an extension of hours in favour of Collins’ Hotel. ' Mr Orchard was examined and testified to the inconvenience he sustained by. being compelled to close at 10 o’clock. His lodgers frequented the homes of the twelve o’clock licensees, and treated their friends there. Richard Richardson' applied personalty for the extension in favour of the Empire Hotel. He presented a petition numerously signed in support of his application. . E. Bavenhill.—Mr Loughrey made a similar application for the Oaverihani Hotel. William Tombs.—Mr : Thomas made a similar application for Mr Tombs’ house at the corner of Barbadoes and St Asaph streets. , . , „ T. J, Aitken.—Mr Maude made a simUar applioation for the Railway Hotel. AU the neighbouring hotels were licensed _ till 12 o’clock, and it was a great hardship that the applicant should bo placed at such a disadvantage. , ... The Commissioners, after some deliberation, asked Superintendent Broham if he had ropliedthat hohad nothing outside the report he hod already Chairman said that with regard to tho applications of Messrs Arenas and Klmgenstein, at tho time the hoensei were granted to thoio gentlemen it was understood that they were to carry on the business of their houses as nearly as possible liehments were simply eating houses. , The applications would not bo decision might possibly be re-oonsidered at the next annual meeting of the Oovat. Another reason for tho refinal was that both the houses wore newly licensed, having previously held only a wine and beer license. The Oommiiswners would gront the extonsion asked for in fAvour of tho following flkn, Hadfield, Keane, Knowsley, Orchard, Richardson, and Aitken. , BBXOVAL. ' s. Schwartz.—Mr Loughrey aprfied for a removal of the wine license of Mr Sohwar;z, from promises ,in Cashel street to Colombo 'Street.'-' 1 ,' ■. ,“ The applioation was granted. TBANBFBE.

Miehaol M’Govorin.— Mr Joynt applied for

• transfer of the license of the Borongh Hotel to John Barrett. Si nndoritood that a petition against the transfer bad been lodged, and he would like to eee it,

Mr Joyce appeared to oppose the application.

Mr Joynt objected to the petition as addressed to a Committee that aid not exist—for the South-east of Christchurch. It also •iked that no lioensi should be given to the house, ' which already had been granted, Aiinming that the Commissioners would look at the petition, he Would submit that with few exceptions the signatories did not represent persons of any considerable influence. On the other hand he presented a memorial which might be considered a representative one. The persons signing it represented the intelligence of>Ohriitohuroh. Mr Joyce objected to the form of the petition. Mr Joynt submitted that Mr Joyce had not yet seen the petition. It was signed by his Worship the Major and 29 other Justices of the Peace, in foot every J.f in and around the city, except those who were members of the Committee, and Mr Ollivier. Between 20 and 80 of the principal merchants of the city also signed the petition. He might re-, mind the Bench that at the last meeting he was encouraged to renew the application at the present meeting. , Mr Joyce referred to section 7 of the Aet, which required a memorial to be in accordance with the fifth schedule, to show that his memorial was in proper form. The Chairman considered that the schedule referred to the granting, not the transfer of licenses.

Mr, Joyce suggested that the decision should he postponed till the next annual meeting. He called .... '■

John Barrett,who deposed: 1 have been licensee of*’the Borongh Hotel from 1865 to about two, years ago. I remember the disturbance on Boxing Day, two years ago. Some time .after that I was requested to transfer my lieense. Iget an extension' of the time, and transferred three or four months subsequently. The hotel is my property, and has always been my home while I bare been in Christohureh. Mr M'Qoverin resided there occasionally. It was in consequence of the disturbances that I was required to transfer my license. Mr Joyce addressed the Court, and again suggestion that a quarterly meeting should not deal with the question, but leave it to the annual meeting, when there would be a fall attendance. There would be no hardship to Mr Barrett by inch a course being pursued. He might say that he had only been instructed that morning. The Chairman reminded Mr Joyce that the Chairman of the annual meeting had himself suggested that the application should be made now.

'Mr Joynt thought there was nothing for him to reply to. He might say that Mr Joyce had informed his client on (Thursday last that he was going to oppose the application.

Hr Jo joe laid lie had been instructed by Hrs Mary Brady only that morning. Mr Jojnt submitted that Mary Brady appeared to hare been very aotire in the matter. Borne of the signature* bore a ins* S ‘cions look, as they were wonderfully similar, e might mention that Mr Barrett had been allowed to act temporarily. It wonld be a great hardship to keep Mr Barrett longer out of his property, upon which large sums of money were being expended, in consequence of what fell from the Chairman at the last meeting. One of the members of the Com* mittee had assured Mr Barrett that he might consider a promise had been virtually made to him. When the hotel was completed it wonld hare cost £IB,OOO, and Mr Barrett had continued his expenditure on the faith of that promise. Superintendent Broham had nothing to report as to the house since the last meeting of the Committee.

r J he Chairman announced that the applica*. tion wonld be granted. The Committee hoped that Mr Barrett would see that the house was well conducted in future. KAIAPOI. The quarterly meeting of the Eaiapoi Licensing Committee was held yesterday; present Messrs G. H. Blackwell, F. Bobins and B. Coup. As it was doubtful whether the remaining members of the Committee were aware of the date of the meeting, it was decided to adjourn till Friday next at noon. It was generally understood that several of the hotelkeepers were about to apply for midnight licenses, and the Commissioners present did not feel inclined to deal with the question without a full meeting. POET LETT. The quarterly meeting of this Committee was held at the Bo'ad Board Office, Head of the Bay, Lyttelton, yesterday; present Messrs John Gebbie, W. D. Gebbie, 8.8. Bradley, B. Fleming. . The Inspector’s report on the various hotels in the district was read. The license of the White OUffs Hotel; Governor’s Bay, which had been granted conditionally on a new building being erected, was considered. The licensee, Mr Milburn, stated that tenders had been called, for the erection of a new building and the Committee decided to adjourn the meeting until Oct 2, in order to ascertain whether any tender had been accepted. (Just after the meeting adjourned, a letter was received by the Chairman, stating that a tender for the building had been accepted). ASHBTJETON. The quarterly' meeting of the Ashburton (Borongh) Licensing Committee was held yesterday in the Courthouse, Mr H. T. Winter (Chairman) presiding, and with him on the Bench were - Messrs Alfred Saunders, John Grigg, B. Alcorn and I. Bulloek. BXTBKBIOK OP LIOBNBBS. Mr Branson, for Mr Thomas Quill, of the Commercial Hotel, applied for an extension of license to 18 o’clock, -urging that suoh an extension would be a great convenience to the pubUo, as many business men arrived by Gw 8 o’clock trains in Ashburton, and found that the closing of the hotels at 10 o (dock prevented them from getting done with their business that night, so that they could get away again by • the morning train. Hr Branson said he saw a strong deputation within the Court rails, who were present doubtless with the object of overawing the Bench into refusing the application, but he would oppose the putting in of any memorials or objections, because tat law provided for such being received only when an application was being made for a new lieense or for the renewal of an old one. Bench did not see its way to grant a 18 o clock license he would aooept one for 11 o clock, a* tne Bench exercised the power to give »«°“, » license, on the principle in law toat the authority to give the greater covered the authority to grant the less concession. He would oil Mr Quill to prove the necessity for the extension. , _ . . Mr Martin, the Clerk of Court, wai here about to hand up to the Bench cettam memorials to the Bench to “fuse all apphov tions for extension, when Mr Branson stopped him,* and said he would certain y object to their being put in. The memorials were from the Church of England Temperance Society, the Presbyterian Band of Temperanoe, the Wesleyan Temperance Society, the Primitive Methodist dooiety, and from the Good Templar Ledges, and in addition to_praymg for a refusal of all extensions, “bed that the time should be curtailed instead to 9 o clock. Thomas Quill gave eyidenoe to the effect that having to close his hotelat 10 o clock was inconvenient to the travelling public and the residents in Ashburton, who belonged^to Societies, who held their moetmg. m his h °The Sergeant of Police gave Mr Quill, a high character hi on hotelkeeper, and said the Commercial Hotel was as well conducted »s he knew any where. , • „ ■ In the course of some remarks made by Mr Branson while examining the Sergeant,'both Mr Saunders and. Mr Grigg smiled—apparently at. the answer giyen by Sergeant Felton to Mr Branson’s question, when asking if the extension would injurs Mr Quill. . Mr Branson said he did not come there to insult the Bench, and he hoped the Bench

would not iniult him. Ho hoped they had no animus against him, heoauie, if they had, he need plead no longer. J Mr Ctagg laid the remarks were wholly unMlled for, as no Iniult had been offered to Mr Brauion by the Bench. Mr Saunders wae alio astonished that Mr Brauion ihould make the remarks ho did. si he (Mr Saunders) as well ai all the rest, had a perfect right if they ohoie, while they tat op that Bench, to imQo or laugh ae pleased them, without consulting Mr Branson on the mxbjeot, and whether their laughter pleased mm or not# He considered that the remarki of eouniel were an insult to the Bench. Th* Oh airman said the Bench were unanimous in their decision to refuse the extension throughout the town. » 0 evidence had been adduced to ibow that any convenience worth the name would be given to the public by ■ the extension, while the memorials sent in •gainst the extension were sufficiently strong evidence that no extension was required. In regard to the reception of thoie memorials, he accepted Mr Branaon’i legal axiom in regard to the power of the Bench to grant an 11 o’clock license instead of a 12 o’clock; and if the greater power contained the lose in that matter it would also contain the leas in regard to accepting memorials, therefore they would be accepted. A similar application was made by Mr* Brauion on behalf of Mr I. L. K. Hill, of the Somerset Hotel, which was refused. In regard to the Somerset Hotel, the Sergeant mentioned that the lessee had been gnUty of supplying liquor during unauthorised hours and of keeping his bouse open after 10 o’clock. For those offences he had been fined in the Besident Magistrate’s Court £5, Mr Hill had also broken the conditions on which his license had been granted at the lost sitting of the Bench. On that occasion the Bench had decided that one of Mr Hill’s bars was a public bar, for which, if it was to be used, a fee of £lO would have to be paid. He promised to have the door leading to this bar closed, and on this understanding the license had been granted. He (the Sergeant) had told Mr Hill that simply locking the door would not do j it would require to be closed np altogether. It had hot been closed up, and the place wae still used as a bar, while the fee for it as a public bar had not been paid. He considered that Mr Hill’s action in this matter had been most impudent, after the promise made by his agent in that Court that the door would be shut up. Mr Branson said there was no defiance or insult _offered to the. Bench in this matter. Mr Bill had allowed the door to remain as it was at his advice. He considered that when the Bench had decided that the roem into which the door opened was a public bar, they were in error j therefore any order to close it was ultra vires of the Committed. If the Besident Magistrate, before whom a test cue regarding this door was pending, gave a decision against his client in this matter, he would appeal to the Supreme Court, so fully did ho believe that the Committee were wrong in their decision, and if the Committee persisted in ordering the closing of the door he would again advise his client to disobey that order.

Mr Grigg was of opinion that Mr Branson was threatening the Committee, but he (Mr Grigg) thought that what he had said in this ease was nonsense and sophistry, which he scarcely expected to hear. Mr Branson was stifl of opinion that the Bench held an animus against himself, else why speak of his arguments as nonsense and sophistry ? He did not expect the Bench to insult him in this way. The test case he hadpending was a land fide one. Mr Grigg said the bonafldu of a man who did not keep his word was not much. Mr Alcorn said the case of Mr TTill resolved itself into this. He applied for a license. The Bench decided that he had two public bars in his boose, and that the proper 'fee in .the circumstances wonld have to be paid. Mr HOI declined to pay the amount, hut promised to close the door which led to this bar from the pathway. On this understanding he had obtained his license. He had not closed the door as he pledged himself he wonld. With the ease pending they had nothing to do that day ; they bad only to do with the conditions on which the license was obtained, and which had not been complied with.

The Sergeant also complained of the bad state of the closets in rear of the hotel.

The Bench ordered new closets to be built, and further decided that unless the £lO additional for the extra bar were paid, Mr Hill’s license would be withdrawn.

Mr Crisp applied for extensions for the Ashburton Hotel and Mrs Butler’s, but the Chairman said the Bench had made up its mind to refuse all.TIMABU. The quarterly meeting of the Committee was held yesterday at noon ; present—Messrs E. G. Kerr (Chairman), W. 0. Beswick, E. G. Bterioker, J. C. M'Eerrow, and Dr M’lntyre, FOLIOS EBPOBT. The report of the chief officer of police on the licensed houses in the Borongh was satisfactory. There had only been one conviction for a breach of the Act during tbe past quarter. TBANSFEB. A transfer of the license of the Shamrock Hotel was granted from T. Flaherty to Bobert Dixon, who stated that he intended applying . for a temporary transfer to Mr W. Morgan, who had leased the hotel. APPLICATIONS. Ur A. J. Parsons, licensee of the Club Hotel, applied for permission to be exempted from keeping a light burning in front of his hotel. He said the publicans in the town bad to keep their street lamps burning up till 12 o’clock even on moonlight nights, and as the town was properly lighted with gas the lights were useless under any circumstances. He also wished to make application for permission to dose his house before 12 o’clock at night. Ten o’clock was too early to close, bat he, and nearly all the licensed victuallers in the town, were anxious to c’oie their houses at 11 o’clock. The Chairman said the Committee had carefully considered the applications and had decided to refuse the first— namely, to 'exempt hotelkeepers from keeping a fight burning in front of their hotels. With regard to the second application he might point out that licenses had been granted to 10 o’clock in the .first instance, and that on separate applications midnight licenses had been grants under part 1 of section 379 of the Licensing Act. This sub-section gave the Committee power to extend the time from 10 until 18 o’clock, if they were satisfied that such an extension would ha for the " benefit and convenience of the public. It was inst a question whether the words “until 18 o’clock” could not be construed to mean any time from 10 o’clock until 12 o’clock. The Committee were not going to nut any one sided conitruotion on the provision referred to, but as the Licensed Victuallers had asked permission to close before 12 o’clock, the Committee had to consider whether the granting of their application wonld be for the benefit or convenience of the public. The Committee considered 11 o’clock a fair' and reasonable hour for closing public houses, but they could not see their way to fixing that hour, es the law did hot permit of their doing so, consequently they granted licenses till 12 o’clock, although they did not believe that 12 o’clock licenses were desirable. In reply to the request of Mr Parsons, the Committee had decided to allow publicans to close their houses a* anytime between. 10 and 12 o’clock, and extinguish their street lamp when they closed their house. If the street lamp were extinguished before the house was closed, they would bo proceeded against for'not keeping, a light burning; and under no circumstances was the street lamp to ‘be extinguished before 10 o’clock. This decision might be considered to be not in strict compliance with the Act, but nevertheleii it would have the effect of allowing pablio-houses to be closed at a reasonable hour. ..The conditions be had just laid down would be communicated to the police, an'd they wonld be instructed to act U? Mr Pawns thanked the Committee for the decision they had arrived et; 5. as President of the Licensed Victuallers Association, he expressed bimse 8 1 satisfied«