AUCKLAND, NORTH LICENSING COMMITTEE.

New Zealand Herald, Volume XXVIII, Issue 8582, 2 June 1891, Page 6

AUCKLAND, NORTH LICENSING COMMITTEE.

SUNDAY TRADING.

ACTION OF THE COMMITTEE.

ELEVEN O'CLOCK LICENSES. The annual meeting of the Auckland North Licensing Committee was held yesterday at the R.M. Court Buildings. Mr. J.J. Holland, chairman of the committee, presided, and the other members were also present, as follows :—Messrs. A. .Porter, T. T. Masefield, C. Bailey, and J. J. Craig. Mr. J. B. Stoney was the licensing clerk. Inspector Broham and Sergeant-Major Pratt represented the Dolioe. • . , , , , ~ * Mr. Holland said that before the ordinary proceedings began he wished to announce that the committee had received complaints from the police that both in City North and City South Sunday tradinc; was carried on. They had decided to do itheir duty in this matter, and to support the police in every way in putting a stop to Sunday trading. The law must be obeyed by eveyone, and they did not see why the publicans, as well as others, should not abide by the law. The licensees of three of the largest hotels had been complained aguiust. Surely they were not obliged to resort to Sunday trading to make their hotels pay; if they were,the sooner those hotels were shut up the better. The hotels complained against would be mentioned as they went through the police report, aud a caution would be given. With regard to the extensiou of hours, no matter how the committee were willing to extend the time till eleven o'clock they found it could not be done. Inspector Broham stated that eleven o'clock was practically twelve o'clock, and if the licensed victuallers got the Act altered so that it should be compulsory that the hotels closed at eleven, the committee would be willing to consider applications of that kind. Mr. Broham had informed the committee that no one could be compelled to close his house at eleven o'clock, and that an eleven o'clock license meant keeping tho hotel opeu till twelve o'clock. As to the street lights of hotels, the committee had passed a resolution that they would support tho licensed victuallers in an appeal to the City Couucil to light the city in a propei manner. Mr. Baume said that the decision of the committee, as just made public by the chairman, had taken those publicans for whom he aupeared very much by surprise. They felt that.they hud not been allowed to place before the committee the. reasons for their applications, aud that the committee ought to have given due consideration to those reasons. . ... Mr. Holland replied that the committee met a deputation of licensed victuallers on Friday, aud all the reasons for the applications .were given, then, and the committee afterwards discussed the matters' fully. "Inspector Broham explained that the law allowed a license to be. granted till eleven o'clock, but made no provision for punishmeut if the house was not closed at eleven, and therefore it meant that the hotel would be kept open till twelve o'clock. Mr. Baume stated that the point, though it had been decided in the Resident Magistrate's Court, had never been settled by the Supreme Court. Mr. Campbell informed the Bench that he had received special instructions to make an application on behalf of one house for the extension of houi's till eleven o'clock.

Mr. A. E. Whitaker considered that the whole matter was in the hands of the committee. Let the licenses be given on the express understanding that the licensees were to close their houses at eleven o'clock, and that if they did not, the licenses would be cancelled.

The Chairman said that if the law were altered so that it should be. compulsory for the hotels to close at eleven o'clock, there would not, he believed, be a man on the committee who would' not be prepared to con- . sidor the application. The committee would have power to withdraw licenses, but they did not wish to exercise that power. An application was receiveafor the transfer of cue license of the Albion Hotel from Patrick Gleeson to Harry Meyer. Mr. Hollaud said that the police had not mentioned \t in their report, the committee were given to understand that there had been ii great deal of Sunday trading at this hotel. They warned the.present licensee that such a thing must not occur. The transfer was granted. An application for the transfer of the license of the Aurora Hotel from Joseph Robinson to SamuerTooman was received, ! Mr. Holland snid that this' was one of the hotels reported against for Sunday trading. It was not the present licensee, however, who was to blame, since he had been in the hotel only eight weeks, but the committee cautioned him uo£ to allow it. Mr. Campbell said that he understood that the present licensee had received great commendation from the police-authorities, who had stated that he was conducting the hotel exceedingly well, and that the class of persons frequenting it had entirely changed. The transfer was granted. The renewal of the license of the Pier Hotel to Harry Bennett, was applied for. The Chairman said that this was one of the first hotels reported against by the police-for Sunday trading. He trusted that Mr. Bennett would take warning on the subject.

'. Mr. Whitahei' pointed out that there . was at ; this hotel, beside the regular table, a special table d'hote every Sunday when sixty or sevonty people, dined j there ; and it was probable that the police, seeing those people going into the hotel, judged that they were going there for drink. The police had not gone to the hotel, and in the ■ absence of any prosecution.pr conviction, it was /unfair that anything should be said about' Sunday trading; ■' ■ : i The renewal was granted. ■"•■■■ " ■ x The next application considered was for the transfer 01 the license of the Governor Browne Hotel to Mrs. Mary Coyle. i Mr. Holland said that this ; hotel had also been reported on for Sunday trading, and he hoped that the caution the committee now gave would be sufficient. Otherwise, the license would be cancelled next year. ] Mr. Bautne,.; who supported the applica- '. tion, said he believed the reasons stated by Mr. Whitaker would also apply in this case. He assured the Bench that there would be 'no cause of complaint on the 'subject. " ; ■ The application was granted. . ': The renewal of the license of the Thistle Hotel to James'; Da vies was applied for. by Mr. Baume. : ..:'■■■■ - ; , The: Chairman said :■ the committee: were not very well pleased with tnis hotel. It was not so clean as it might be, and he was given to understand that it was frequented by not very desirable customers. He hoped that it would not continue. : '■•■■.; The renewal was granted. V Mr. Cotter appeared in support of an application for the renewal of the license of the Waitemata Hotel to_ John Endean. The Chairman said « that \ this was one of the hotels to which he had alluded when he Intel ; stated that he was surprised i to ;. find complaints against these houses for Sunday trading. He hoped that a caution to Mr. Endetui would be sufficient. ; , : He did not think it was necessary for him to resort to Sunday trading to make hie house pay. i ,

Mr. Cottor. replied that not only was it unnecessary for him to do that, but ho absolutely had not done so ; and he, furthermore, believed that it sliould be known by himself what the Bench meant by saying that the police had given this information. If it meant that a man was to be secretly tried by the police, secretly reported upon by them, and that the Bench were then to take the police report, and cancel the Hcciisu simply upon that report, he submitted that the committee would bo goinjj outside their jurisdiction. The accusation sliould be made in distinct terms, and a man given an opportunity to meet his accuser, and have the objections tairly considered. Air. Endean objected that the polico should simply make a general report, and that ho should be given no opportunity of answering it. He was quite prepared any moment that tho police had ;i single case to meet that case, and, if it were proved against him, to bear tho poualty; but, until that was done, a slur should not be cast upon tho house. Like another person who had been mentioned, Mr. ICndean kept a eafo. Large numboes of persona, who wore travellers, went into his hotel to have dinner, and, no doubt, the polico saw them going in. Mr. Cotter repeated that a license should not be takciu away on the report of the police, withoutgiving tho liconseo. an opportunity to answer the charges agaiii3t him. The Chairman said that the committee intended to have full proof of any charge before they acted, , ; ' < ■ Inspector Broham addressed the Bench in regard to this subject, and said that it was hardly likely that any publican would come and admit that lie had allowed Sunday tradinsr at his hotel.' Those charges had uot been made lightly by tho police; they had been well considered before they were made to the committee. Mr. Endean and a number of other publicans had been cautioned by the polico before the matter had been mentioned in tho police report. If, on tho other hand, iio action was taken until a conviction woa secured, action would nover be taken, beoiuiso there was no chanco of getting a conviction, especially m view of the duueuiues of tho law. ... ..i ~ i The Chairman said the committee cud not intend to wait until a conviction had been recorded, but ih any case broueht before them they would roquire full proof. Mr Broham pointed out that the police Rained nothing by bringing up those charges, and obtained a lot of public odium, whilst tho publican gained everything if tho case was dismissed. The 'renewal of tho hcouse was granted.

Mr. Baume appeared in support of /an application for the renewal of the license ottlie ahakspere Hotel to M rs. Johanna Lundon. The Chairman said that this was another of the hotels reported against for Sunday trading, and the committee would therefore also caution the licensee in this case. ; Mr. Baume read a paragraph from the Leader, a paper which, he remarked, was not altogether favourable to-.the liquor traffic. In this paragraph it was stated that the proprietor of the Shakspere, seeing two i drunken women making for the hotel, shut the doors against them, and would not allow them to go into the house. The opinion was added that if conduct of this kind was more general among hotelkeepers, it would tend to diminish crime and poverty. The license was renewed. _ ' An application was received for the renewal of -the license o£ the United Service Hotel to George B. Martin. Mr. Campbell, who supported the application, said he intended to ask that authority should be given to Mr. Martin to keep the hotel open till eleven o'clock at night. The Chairman said the committee had heard that this application would be made, but they did not see their way to grant the .extension of the hours. If this application was granted because this hotel was near the Opera House, there were hotels near to the City Hall, the Oddfellows! Hall, and other places of public amusement whose licenses would also have to be extended.

Mr. Campbell asked the committee noc to give their decision until they had heard his remarks on the subject. He then proceeded to point out the powers of the committee under section No. 37 of the Licensing Act, and said they-were enabled under that, section to graut the application if it was foe public convenience and benefit. It was the duty of the Bench to consider every case on its merits, aud not to be guided by any such rule as that the extension of the houre,would have to be -granted to all hotels if it were granted to one. It miisht be that there was only one house in the district whose circumstances were such as to make a' sufficiently strong case to entitle the Bench.to use the discretion given to_ it, and: grant the; extension of hours, but it was the worst argument that could be used to say that because the hours of one house were extended the hours of all should be extended in the same way. Mr. Campbell went on to say that the United Service Hotel was next to the Opera House, the principal place of public entertainment in the city of Auckland; that the hotel was largely occupied by persons who were members of companies arriving here from time to time for public entertainment; and that as • the Opera House was crowded from night to night with large numbers of persons not only from the vicinity of that building, but also from all parts of the suburbs, it would be for the public benefit and convenience if the hotel* remained open till eleven, instead of being closed at ten o'clock. He produced a memorial, containing over 200 signatures, supporting the extension of the hours.* George Baxter Martin, licensee of the United Service Hotel, deposed that that house was full of boarders at the present time. Most of those staying there now were members of the Jennie Lee theatrical company. The hotel was next door to the Opera House, and was largely frequented in the eveniug when the Opera House was open. During the present theatrical season the play at the Opera House finished a fewiniautes before eleven o'clock, and if he were allowed to keep his hotel open until eleven o'clock it would suit his puruose. To the chairman : The petition was taken round for siguaturee, but some came to the hotel and signed it. It took about a day and a-half to get the signatures to the memorial. Other signatures could have been got if they had beeu required. Hugh Mcllhone deposed that he had seen several of the signatures put to the petition produced. To the Chairman: They were all adultpersons who signed it. R. J. Glover also deposed that he saw the majority of the signatures written. To the Chairman : Mr. Mcllhone accompanied him with the petition. The signatures were not all got in Queeu-street. The Chairman said the committee would retire to consider their decision. ■ Mr. Baume reminded the committee that lie would also make an application for the extension of the hours of all the hotels whoso proprietors he had appeared for that day. Messrs. Whitaker and Cotter said they would in like manner prefer similar applications. After a brief retirement, the committee returned into Court, when Mr. Holland said that the committee had resolved to decline the application, but if they were sure that they could enforce an eleven o'clock license as they could a license for twelve o'clock, they were fully inclined to grant the extension of hours. In the-meantime, however, the license must remain for ten o'clock only until the luvr.was altered, so that an eleven o'clock license could'be'enforced^ Mr. Campbell pointed out that since addressing the.bench be had found that by the ninth section of the Amendment Act of 1882 there was express provision that the extension of the time for the sale of liquor may be grauted by any committee under the provisions of section 37.

Mr. Holland said that the committee had given their decision, and would decline to grant the extension until the law was altered. The renewal of the license was granted. Renewals were also granted as follows : — Nevada Hotel, to John Barrett; ; Gieeson's Hotel, S. W. Buck; Bricklayer's Aims, R. \V. Browne; Star Hotel, James Craig; British Hotel, John Gallagher ; Albert Hotel, Lindsay Cooke ; Victoria Hotel, B. F. Luks; City Hotel, John Carroll, the license of this hotel having been transferred from James Lanigan to John Carroll; Oxford Hotel, W. Mahoney ; Royal Mail Hotel, John Morrison; Alexander Hotel, JohnPearce; Prince Arthur Hotel, William Henry Pearce; Shamrock, James Reuwick ; Empire Hotel, P. W. Ryan j Hobson Hotel, A. J. Tapper. « Mr. Holland said the committee had inspected the whole of the three wards, and Had found the houses in far better, condition, with one or two exceptions, than ever before. Of course, the Commissioners had never intended to decline inspecting the hotels; but in the City South Ward, notwithstand-. ing that a temperance committee had been on the Bench, three or four of the publicans had said that that committee «had never inspected their hotels during, the three years they had been in. The present committee were very pleased with the condition in which they had found the hotels.