HOTEL PROPRIETOR SEEKS POSSESSION OF CITY TAXI OFFICE

Wanganui Chronicle, 29 April 1950, Page 6

HOTEL PROPRIETOR SEEKS POSSESSION OF CITY TAXI OFFICE

A claim for possession of the office building in Ridgway Street occupied by Yellow Cabs on the grounds that nocturnal noises there constituted a nuisance or annoyance under the Tenancy Act, came before Mr. S. S. Preston, S.M., in the Magistrate's Court, Wanganui, yesterday, and was part heard when the Court adjourned. Plaintiff is Thomas Hurley, licensee and owner of the Rutland Hotel, of which the office in question forms a part. Defendants are three members of Yellow Cabs, William Carr, William Halligan, and Charles Cave, but it was indicated that the decision of the Court would be binding on all members of the tax’ organisation. The hearing will be resumed on a date yet to be fixed.

Mr. J. S. Rumbold is appearing for Hurley, and Mr. C. F. Treadwell for Yellow Cabs. Hurley said in evidence that the office occupied by Yellow Cabs In Ridgways Street was let under a monthly tenancy. The hotel was almost ready for occupation and in about 10 days time would be opened to the public. Above the taxi office were bedrooms. Witness added that he had made several complaints about the conduct of the office and had tried to have the noise stopped. People staying in the hotel had complained that they had not slept all night. The complaints made had had no effect and it was seldom that he got a good night's rest, said witness. Mr. Rumbold: What particular type of noise do you complain about? Witness: It is hard to say. A fair amount of card playing goes on in a back room and if a man gets a good hand there is a lot of laughing and calling out. ALLEGATIONS OF NOISE. A window of the back room was always open and sound travelled. This noise had been heard fairly regularly up till a fortnight ago. He had also heard instructions being shouted to taxis when they were across the street, said witness. People waiting for taxis, particularly on Friday and Saturday nights, also made a noise. Hardly a person stayed in the hotel without complaining about the noise. His wife’s health had been impaired as a result of insufficient rest and overwork. Hotel work was hard and sufficient rest was essential. Four rooms for guests, as well as those of the staff, would be affected by this noise.

Cross-examined by Mr. Treadwell, witness agreed that Yellow Cabs was a big organisation, but he did not think all this noise was necessary. He did not know that an executive of five members was in charge and could only remember the name of one man to whom he had complained. Mr. Treadwell: How many times did you complain about the noise?

Witness: Dozens of times. Witness admitted that in November, 1949, six months after he took over the hotel, his solicitor wrote to Yellow Cabs and told them that the premises were required. His late solocitor had approached the taxi firm and up to that time he did not know that Cave was chairman of the executive of Yellow Cabs. He did not approach Cave, but left this to his solicitor. QUESTION BY COUNSEL. My. Treadwell: I put it to you that the real reason for giving notice and the complaints was that you wanted that part of the building for hotel use? Witness: No, it was because of the noise. Cave will say that he met you in the street and had a long discussion with you, and that all these matters were dealt with. Do you remember meeting him?—“No, I do not.” Would you deny it? —"No, I would not deny it." Cross-examined further, witness said that he may have remarked that he wanted the premises for the hotel staff. Mr. Treadwell: Where are the staff premises at present? Witness: We are the staff—the family. A woman formerly employed in the

hotel could not sleep in a room above Ridgway Street, witness added. After Mr. Treadwell had commented that at a certain hour each night the normal drivers went off duty, leaving only two men and an attendant, witness said he had looked through the window of the back room and seen "one of the best poker schools in Wanganui,” Re-examined - by Mr. Rumbold, witness said that after the notice to quit was served on November 17, 1949, there were numerous occasions when he could have complained, but the matter was then in the hands of his solicitor. Henry Alfred Edmonds, retired hotel keeper, said that between 1945 and March, 1949, he was licensee of the Rutland Hotel. During that period Yellow Cabs were his tenants. The staff had occupied the rooms anove Ridgway Street and complained about the noise. Witness did not pay a great deal of attention to these complaints and thought that they might have been exaggerated. The period referred to was before the fire which occurred at the end of 1946. RESIDENTIAL PORTION. After the fire witness and his family took up residence in the Ridgway Street portion of the hotel. He then realised that the staff had had grounds for complaint. The taxi men played cards fairly regularly in the room at the back and there was much thumping on the table. These games continued most of the night. Other noises which were disturbing were instructions being shouted from the office to drivers along the street, the changing of tyres in the street, the slamming of doors, and the "revving’’ of cars. At limes the customers were noisy and witness had sometimes heard them singing. Guests staying in the hotel had complained about the noise

and witness had told Cave and others about it. Mr. Rumbold: What sort of a response did you get? Witness: They quietened down for a while, but it did not last. Cross-examinfcd by Mr. Treadwell, witness said that he did not make any complaints before the fire. After that he complained on four occasions, the complaint being to a different driver leach time. Witness was told that they would see what, could be done to stop it. Witness admitted that his relationships with Yellow Cabs had always been the happiest, and that as an organisation it was efficiently run. Mr. Treadwell: What is the latest you have ever seen them playing cards? Witness: It was 12 o’clock when we went up to bed and they were there for some time after that. But. did you see them?—“No.” And there would be some nights when they did not play?—“That is so.” Agnes Clara Hurley, wife of the I licensee of the Rutland Hotel .said her nights were very disturbed as a result of the noise in the Yellow Cabs’ office and the starting and unnecessary I “revving” of car engines. Noise from j the back of the office echoed to the ; bedrooms above. Sometimes the card games were quietly conducted, but as I the play became exciting voices rose accordingly. Some nights were worse phan others, but at times the office i was reasonably quiet. | Cross-examined by Mr. Treadwell, witness said that she was not disturbed every night. At this stage the hearing was adjourned.