LICENSING MEETINGS.

Timaru Herald, Volume LII, Issue 5163, 9 June 1891, Page 3

LICENSING MEETINGS.

f «. 1 TIMARU. " The first meeting of the newly olected licon--1 sing committeo, ond tho sitting for the 1 annual renewal of licenses, was held at the ! Courthouse at noon yesterday, all ths members ' being preaent, viz., Measra E. G. Kerr, W. ' Bush, W. M. Sims, li. G. Stericker, and J. T. [ Warren. Mr Kerr took the chair, and announced ' that on the motion of Mr Sterickor, seconded ! Mr Sime, he had been unanimously re-elected J chairman. All the licensees (13) were present, and Mr J. W. White was preaent to represent the Licensed Victuallers Association. ' Licenses were renewed to tho following without remark, the report of the Inspector, 1 Sergt-Mnjor Mason, on the hooso m eaoh caße being, " Well furnished, clean, orderly, no ob- . jections" : — O. Green, Queen'a Hotol; J. Meikle, Grosvenor; T. G'Driscoll, Hibernian ; P. O'Meeghan, Old Bank j M. Sullivan, Melville ; D. Mahoney, Shamrock ; J. Egan, l?oynl ; W. Houston, Commercial. Respecting the other fivo observations were made. Cr,ABENDON nOTED. The firat on tho list, was the Clarondon Hotel, Wm. Mooro applicant. Tho Inspector objectod to a renewal on tho ground that a new building was required. No attempt hud been made to carry out. tho instructiona of the Licensing Committee tc erecting new building. Mr White, forthe applicant, admitted that at the last, annual meeting the committee decided thut anew house must be built, but the circumstances had alterod very much sinco then. There had been so much agitation about licensing mutters generally that some delay had taken pluce. Mr Mooro, m compliance with the committee's suggestion, had plans and specifications prepared, and everything waß got m hand m readiness for building, when a very unsettled state nf things set, m. Thero was agitation and talk of suoh a nature that it waa not known whether, m the event of a building being ereoted, the license would not be taken away, independently of tho character of tho building. Mr Moore waa therefore adviaed by his friends — business mon — that iv view of that state of things it would be unwise to go on with the building. Otherwise he had taken every atep, and waa now prepared to go on, but wished to be allowed a little time, as the present waa a bad time of the year to begin building. It would only be fair to Mr Moore to allow this, and ho would suggest a delay of three months, till warm weather returned. The unsettled state of things even yet existed, for there wore rumours, and even more than rumours, of au intention to upset the election of some membors of the present committee if possible. The Chairman : That would not affect the question. Mr White : But if tho majority of the committee were removed and their places taken by others holding very extreme views on licensing matters, the fact that a man had spent a large sum of money m putting up a new building would not protect him from losing hia liconse. Ho mentioned this to explain why Mr Moore had not paid attention to tho wishes of tho committee expressed twelve months ago, and ao a ground for urging that the fact of Mr Moore's not having put up a new building should not tell against him. The Chairman : Wo eaid that if wo were re-elected we would see that resolution carried out. Of courso another committee would not be bound b? it. Have you any proposal to mako ? Wo do not take any exception to his not having built. In fact I, m concurrence with other members of the committee, j adviaed him not to go on with it, pending tho result of ths election. Wo should not like to ace a person spending thousands of pounds, which another committeo coming m might havo robbed him of. No doubt that ie what would have been done. Mr White repeated that the presont was a very bad timo for building, and suggested a delay of threo months beforo commencing, when the building would bo completed beforo the next annual meeting. It would be a large building, costing £3000 or bo, and would lako somo time to erect. Mr Duval was preaent with the plans, if the committeo wished to Bee them again The Chairman : Ia it a fact that Mr Mooro haa already accopted a tender undor oortain plans? Mr Whito : Yea. He has accepted a tendor, and the building would now bo m hand but for the agitation I have spoken of. After a consultation, the chairman stated the committo would allow Mr Moore one month m which to recommence building, but no more. Mr White pressed for three months, but the chairman eoid no, the committee thought one month sufficient. But if Mr Moore liked to re-consider the matter of rebuilding, they would adjourn tho uppliciti n for fourteen days, — tho month to da'e from the present, not. from the adjourned dato. Mr White would accept the adjournment. In caae Mr Mooro docided to build, would there bo any objection to his having his license removed to next door during the erection of a new hou6e ? The Chairman : Thero is provision m the Act. for that. If tho committee insist on a man's pulling down hia house they must not throw obstacles m tho way of carrying on his business. SHIP HOTEL. Tho In. pocter's note on tho application of Stephen Parmonter waß : " Building m good condition ; woll furnished. I found tho windows of thia licensed house vory dirty." And under the head of " manner m which thc houso has been conducted" — "Finod £10 and costs on May 16th for permitting drunkonncßß m hia licensed houae ; the decision has been appealed against on varioua grounds." Mr Muaon Baid he had sinoo inspeoted the house and found tho windows had been eloaned. Tho Chairman said thore was no endorsement of the conviction on tho license. Mr White, for applicant, said thoro was no order for endorsement made by the .Tuatioos. Tho Chairman : In auch caees thero is to ho endorsement without an ordor by the Bonch. Mr Whito said ho did not know that anything neod be said to the committee with regard to tho charge againat Mr Parmentbr, for until the mutter oame before tho Court of Appeal and waa doeided ono way or other, it was as if nothing had occurred. The Chairman : Hns nny stops boen takon for appeal ? You oro not simply eaying tbat m order to take the effect of the conviotion off? Mr Whito assured tho committee that tho appeal waa bona Jlde, application mado and fees paid ; and he fully anticipated to bo suocosaful. The Chairman eaid tho committee had talkod the matter over t.homsolvos, and although there wob no oonviclion recorded againat tho house, they muat Bay tbat, from tho roporta of tho procoodinga beforo the Resident Magistrate, there had no doubt boen somo laxity on tho part of the licoDß.o, if it did not amount to a breach of tho law. (Addressing the licensee, he eaid) : Tho oommittoo would draw your attention to tho fact thut you ought to be muoh moro caroful about tho conduot of your houoo, and if you go away, to give strict orders to your seryijnta not to supply drunken mon. The oommittoo do uot eonsidor the matter aorioua enough to removo tho iioonuo from tho house, or from you, but at tho same timo would oaution you to bo much more oareful m tho conduct of your bouao m thut 1 roapectThe Inspector raised tho quostion of extra bara. At proeent tho lieon'soe only pnid for ono bar, while ho soomod really to havo two or threo. Somo of the homes had aotually , threo bara tjiough technically only one, and

a others only oue m reality though technically three. I, The Chairman said his reading of the Act ; was that Ihey oould have a bar m every room i- m thn house, co long aa they did not open im--1 mediately uprn the street. It had been ruiod by one of the judges that that was the t meaning of the Ac!, und he wa. distinctly of ii th"-t opinion. If any oue iv tho community ;, thought the law was not so, he could tost it ; by laying nn information. If those who . talked so much about it would test the mattor 3 they would do better than by mere talking. 1 But the matter had been clearly decided by a judge on an appeal. Some further discussion took place on tho bars of the Ship, anc. later on, on tho bara of the Criterion, and the committeo decided to go round and visit thorn all with the Inspector, and givo their opinion at an adjourned sitting 14 days hence. club hotel. This hotel, Theo. H. Ritchey, licensee, . wbb favourably reported on generally, j but a Bpecial report waa made aa foli lows : — " I bog to bring under the i notioo of tho committee that aince the last annual meeting a large portion of tho above licensed house, as then granted a license, has been diverted from tho use of the public and converted into a privato club, ovor which the licensee exercises but a nominal control, and from whiob the general publio are rigorously excluded. Section 128 of the Licensing Act makes provision for private Booietieß using rooms m a hotel under oonditiona therein stated ; but I know of no instance whero a portion of a hotel has been permanently set apurt for suoh a purpose, especially under hire or , lease, as m the case m this instance. In fair, ness, I may state that the licensee, with the view of providing m some measure for the loss of the accommodation to the public above referred to, has provided lodging for himself and family m a house on the opposite side of the street from his hotel, but notwithstanding this, tho ÜBofulnesa of his licensed house is muoh impaired by the permanent setting apart of tho principal portion of it for club purposes. I have no cause of complaint against the Club Hotel so far aa its conduct and orderlineas are concerned, sinco the club referred to has been m existence, but it is needless to say the police caunot exorcise the Bame supervision ovor part of an hotel set apart exclusively for use of a private society, aa they would over tho portion usod by the goneral public." Called upon for an explanation of the inspector's report, Mr Ritchey said he had really nothing to say. The facts slated m tho report were true. He let certain rooniß m the hotel. Nominally they wero under his oontrol, but the club roally controlled them. Mr Knubley (Bolicitor) .aid he appeared on hehalf of the South Canterbury Club, the lejeeea of the rooms. Tho licensee undoubtedly had control of the rooms ; he could not bring lub friends inlo them but ho had to keep the rooma m ordor, provide attendance, and waa bound to control tho rooms. It waa not correct, that the polico could not supervise that part of the hc-UEe ; they could supervise them for they frere part of the licensed promises and aB much under the control of the police as any other portion. If a person took a private room for a woek the public could not go m, but the landlord exercised control over tho room, and if the polico thought it necessary thoy could enter it as well aa the public bar or any other part of tho houae. Theso club rooms were m precisely the same position as a room taken by an individual. The chairman : Havo you read section 128. (This section provides for leave bring given by two members of tho licensing committee for the temporary exclusive uae of rooma m licensed houses by societies, etc) Tho licensing committee bave never been applied to, and have nover given permiaeion under that clause. ilr Knubley doubted much whether it was necessary. It was not necessary to give notice of taking a private room, Mr Mason : If a person takes a private room the landlord cau al any time tell him to vacate it. The Chairman : And such person would bo a traveller having no place of residence m town. He could not hold that a private room could bo set apart for a resident. Mr Knubley did not profess to Bay anything else but that these rooma wero on precisely the same footing as the rest of the hotel. Tho Chairman : The section never contomplnted a permanent setting apart of any portion of tlio hotol. It says, " on every occaBion," leavo ia to bo obtained. Clearly it was meant only for tomyorory urrungements, mootings of societies, diunora, and ao forth It waa nover meant to apply to a permanent division of tho premises. The inspector : You cannot call it part of the premises. The Chairman : It iB pirt of ths premises licensed, but tho landlord himself has cut it off. Mr Ritchey wiehed to state that the club wbb an incubus to him ; he waa loßing money by it daily. The Chairman : Well, wo cannot relieve you of it 5 we have nothing to do with it. Mr Ritchey : If I am acting illegally I would rather be punished m any manner the committee might decide, thou keep on the thing against tho law. The Chairman : Do you wish for time to consider your position, and to try to make arrangements with the club P Mr Kilehoy i lam afraid it is no use. I have tried to make arrangements aince I got the polico report, but failed. The inspector snid that he lad nothing to do with the relations of Mr Ritchey and the club, oue way or other. He simply acted as inspootor for tha commiteeo, and waa not thero to assist Mr Ritchey to get rid of any bargain. But ho strongly objected to ony portion of the houee being cut off from tho public. A landlord should be virtually v coDstablo m his own house, and [m this case ho could not bo. Mr Knubley : It is a queer thing that this question haa never been raised before. Thoro aro several auoh c_isoa m Now Zealand. In Oamaru and Invercargill thore aro eimilar clubs. Tho Chairman : But two or throo wrongß do not mako a right. Wo havo to apply tho law as wo find il to caseß brought before üb. -, Mr Knubley thought it a peculiar viow for the law to take, the club rooma boing m . exactly tho same position aa a lodger's bed- : room. J Tho Chairman said thero wns provision m the Aot for licensing oluba. Ab the committeo read tho law tho wholo of tho licenaed premises muat bo for the uae of the publio, ' ond after eorao further discussion ho snid tho ' oommittoo wore dearly of opinion that the ' permanent sevoranco of a portion of the hotol premiaeß was contrary to law, and there wob : evidence of the lobb to tho publio of a portion of those promises. Did Mr Ritchey apply for , a licenßO for tho remaining portion of the hotol or for a licenao for tho whole building? Mr Ritchoy : For tho wholo of tho promisoa. ' Tho Chairman : Then the committeo cannot , grant it. Thoro ia only one way out of it, if thoy wish to retain that portion thoy can completely sever it by building up all doorways of communication, lho club could then apply to tho Colonial Secretary for thoir own liconae, and Mr Ritchoy upply for a liconso for the remainder of the premises. Under the preaent conditions they could not grant tho license, holding the severance to bo an infringement of the law. In order to assist the applicant thoy would adjourn the application for 14 dayß, to allow him to consider hie position. OBITEBION HOTEL. On lho application of l>. MoGuinnoas for a ronowal, a discussion (as übovo mentioned) took placo with rogard to tho number of bara Tho licenao waa granted a3 for ono bsr and tho quoation of extra bare held ovor for a fortnight. TIMAEU HOTEL. The only adverao romark by tho lnnpeetor was that tho houae possesses no bathroom. Tho lioenaeo, P. Reilly, agrocd to provide one and the renewal was granted. . GENEBAJD. Tho chairman cold tbo liconooa would ua heretofore be for 11 o'clock j outor lights might be put out when the houses woro closed and nood not bo lit on Sundays. Tho inspector quoted some statistice of the numbor of opprononßiona for drunkenness m Timaru during tho past fow yoars, which ho oonsidorod woro n reply to thoßO who assorted that Timaru had boen growing worso m thiß ronpoct. Tho figures showed a largo decroaao oaoh year till lust yeai;, when an inoroaße

■ could be accounted for by a special reasen, thu Btriko. Tho Chairman .aid the figures wero all right co far as they go ; but might be explained m another way, that there wab aa much drunkenness but the men were not i arrested ; or that there had been leee drutikenneea becauao the floating population had been going away. Then, addressing iho licenaees, he aaid : I wish to epoak to you on two subjects. Tho committee, although thoy aro aaid by an extreme section of tho community to bo a publicans' committee, I can toll you that they are nothing of tho kind. There is not one gentloman on tbe committee who would have consented to be nominated if he had been expected to support the publican whether ho conducted his hoUBe properly or not. We intend to administer the Act as we find it. It iB not a prohibitory Act, but au Act to licence houses, an Act to regulate the liquor traffic, not to prohibit it ; and we are hero to administer the law, and administer it fairly. We havo no complaints before us, but aome members of the committee have been told that there is a good deal of Sunday trading iv Timaru. I know nothing about it myself. But I would aak the police to exorciso a good deal more supervision and try to put a stop to it ; and if any licensee is found supplying liquor to people on Sundays this oommiatoe will consider it a very serious offence ogainßt the Kcenße when they come up for renewal. The licensees m their own interests should show the publio that they are prepared to conduct their houßea properly under the law. They should try if possible to prevent any breach of the Act. If the whole of the licensees ahould agree to cloae up their houses enlirely on Sundays— agree to Berve no one with liquor — tho committee would not consider it an offence against their licence if they were convicted nnd fined for refusing to supply a bona fide traveller. I would impress upon you to try and carry out tbe law. It would be a good thing if you entered into a bond with each other to close your houses entirely on Sundajs, and make it penal upon arrj licensee who made any infringement of that boud. That is only a suggestion. It ia not for me to tell you how to conduct your business, but only to caution you to bo conduct your business as to be a benefit lo yourselves and tho community generally. It is also stated that gambling iB carried on after hours. Tho police will bo instructed to put the law m forco, and the committee will look upon permitting gambling an a serious offenco against the liconse. That ia all I have to cay on behalf of the committeo. The committeo then adjourned till the 22nd inst. (By T_.__rgr_.i > h.) WANGANUI, June 8. There are eighteen applicants for renewals at tho licencing committee's mooting tomorrow. NAPIER, June 8. Tho Hastings Licensing Committeo refused the license to a new hotel though tho local option poll was m favour of an inoreaßO of licenses. INVERCARGILL, June 8. At tho annual licensing meeting all licenses applied for wero granted, but m tho case of tho Farmers Arms notico was given thnt it will be cloßed m twelve months. The Rev. Mr Ferguson nppeared to oppose tho license.