LICENSING COURT.

Poverty Bay Herald, Volume VIII, Issue 1495, 7 December 1881, Page 2

LICENSING COURT.

(Before J. B. Poynter, G. L. Sundcrland, and R. Reynolds, Commissioners.

New License. — Heury Trimmer, applicant. Mr. Rubinaon for plaintiff, «tatod this was «n application for a new license for an old house. The otiioial report stated " that no doubt a hotel on the south aide of tlio river would be a convenience, but a.i t lt re were already two public houses un the opposite side the question arose whether the proposed convenience would counterbalance the evil effects ot having three hotel* in this locality, aa there could not poasibly be sufficient legitimate trade for them all." After discussing tho objections the application was granted — the fee to be £20 for the half-year now remaining. Nkw L.ICINUK. — John M. Smith for j Whatatutu Hotel The report stated l i That if this House were erected to convenience persons visiting the oil springs works it would fail in the object, as the house is distant four mile* from the works. As the premises were not on the line of road leading to any settlement, Sergt. Bullen respectfully objected to the granting of the license. Mi. Nolan, for applicant, said owing to the state of tho roads and rivers, the applicant had not been able to complete ! the house. The license could be granted subject to conditions. The license was granted, to take effect at the expiration of tho mouth, provided the police reported the houst was finished and furnished. Fee, £10 a year. Transfer. — Dew Drop Inn, J. M. Smith to David Dinan. Tiiia house, Sergeant Bullen reported to be wttll managed by the applicant, and in consequence no objections were offered by the police — Granted. Transfer. — Isle of Mull Hotel, J. Pickeregill to R. Featherstone. The report stated " thijf, if a proper table were kept, and also. if the wife of the late proprietor was not allowed to remain therein, no objection would be offered." Mr. Nolan, for applicant, stated that the drat objection would be remedied, and that Mrs. Pickersgill had already left, lie undertook to say that if Mr. Bullen went up he would get a good dinner. — Granted.

Complaints. —Tho following complaints were put in by the Sergeant of Police against Mr. T. J. Dickson.—'* On the 2Ut ult., about 10.30, the house was very disorderly. No attempt was made by any person to stop tho disorderly conduct until the police entered. The barman stated he was in charge, and the landlord could not be seen, though asked for." Mr. H. J. Fiuu appeared on behalf of Mr. Dickson. He said really he did not know why the police hud made a report which the Bench could n't entertain. The Bench had no authority to entertain a report. They only ooud receive applications for renewal of license at this sitting. There was only one charge made that th* licensee was absent when some disturbance took place in the house. He also spoke as to the general good conduct of the house.

The Bench considered as a similar report was previously entered the licensee should have been more careful. They would dismiss this with a oaution. The licensee was equally responsible for the conduct of the house whether ha was there or not.

Sea View Hotel. —Michael Mullooly— The report stated that a charge of larceny was preferred against the licensee, who was dismissed by the District Court on October 20th, but as the evidence disclosed that money taken in the first instance for safe keeping from a Native when drunk in his house, was subsequently by the license* appropriated to his own use without the consent of the owner, Sergeant Bullen thought that conduct so improper on the part of the publican that it should be brought to the notice of the Licensing Be.ich.

Mr. H. J. Finn, who appeared for Mr. Mullooly, said that the objection made was absolutely false, and without foundation, in f.vct it was a Btrong asse •ti<>n — but it was a true one. Mr. Finn then entered into the particulars of the late trial and stated that Mr. Mullooly had been discharged without a stain on his character. He received the money in payment of a debt. It was not right for the police to bring up such a report The question had been decided on by the jury, and h« would ask tan Bench to pass a strong condemnation of the report. It was unfair that the charge should be made without the whole of the facts being laid before them, and not put bofore them one-sidedly. H* would say that it was not Sergeant Bulleu's report. Sergeant Bullen said it was his report, and that counsel need not make any mifttake about that.

The Bench said they had fully discussed the question. They were of opinion that it did not come within their province to deal with a case that had been discharged by a jury. They decided not to entertain the objection.

Serjeant Bnllen said if he oonveyed a wrong impression by the report no one regiv tted it more than himself ; all he s»id was that Mr. Mnllooly had wronirfully obtained the £57 cheque. He did n<>t s%y it whs criminal all tie would a*k was — wan it ritfht on the part of a hotelkeeper to do such a thing ? Henry Cannon, Tolog* Bay Hotel. — The Police reported " this licensee when questioned by the police regarding a **olen cheque for £5 denied nil koo«> ledtfe of it, and subsequently when traced to hja possession, he could or would not giv* any satisfactory account of it, consequently the offender escaped justice. — Mr. Cannon asked if he hid no redresk, after he had been dragged down from Tologa Bay on a frivolous charge, which he waa prepared to state emanated from spleen on the part of the local oonstablo. The charge about the £5 cheque was false, aa he would prove if his accuser were put in the box. The hearing; of a complaint agaimt the landlord of the Rowland Hotel was adjourned for one month.