The Licensed Victuallers

New Zealand Illustrated Sporting & Dramatic Review, Volume VIII, Issue 412, 16 June 1898, Page 16

The Licensed Victuallers

The Sporting Review and Licensed VicvTTAr.T.ERs’ Gazette has been appointed the Official Obgan of the Trade. It offers special facilities for advertising •• transfers,” and other official announcements embracing as it does the extensive circulation of an already popular New Zealand and Australian sporting journal. The annual subscription to the Sporting Review and Licensed Victuallers’ Gazette will be 12s 6d, payable strictly in advance.

THr. LAW IS A “HASS.”

We are almost weary 7 of references to the anomalies and absurdities contained in “ the ‘ ‘ Alcoholic Liquors Sales Control Act,” but we are not without hope that we shall eventually succeed in being in a large degree instrumental in effecting reforms in the present obnoxious measure, calculated to bring it into conformity with some degree of justice to a trade which very largely contributes to the consolidated revenues of the country, and which “ spreads” itself to provide comfort and convenience for the public, especially that section of the community who —for busi- » ness or pleasure —travel about the country. And we may eventually obtain the same recompense as the poor widow obtained from the unjust judge, who acceded to her request lest, by her “ continual importunity,” she should weary him. Nearly every issue of the daily papers contain reports of great injustice which has been inflicted on the unprotected hotelkeeper, either under the provisions of the tyranical law itself, or, what is perhaps worse, in consequence of the blunders which have been made in the administration thereof. At the same time there is some excuse, even for trained lawyers who are B. M’s., because we take it to be utterly impossible to correctly interpret what the strict legal rendering of some of the complicated clauses are, and if the administrative decisions were based on the intentions of the Legislature when the law was passed, the blunders would in all probability be greater and more injurious than those arrived at on the alleged legal interpretation, and would possibly be more injurious to the unfortunate tradesman affected thereby. In saying this we have no desire to reflect on the Government who passed the wretched confiscatory measure. At the same time there is no disguising the fact that the Government submitted to the dictation of Sir Robert Stout and Messrs Isitt and Co., practically allowing the Cabinet to be dominated and coerced by a party who are as much the natural enemies of the Government as the stoats and weazels are to the rabbits. And the Government must have known that the intentions of the company indicated was to provide the means for confiscation and robbery of vested interest without the remotest provision for State compensation, redress, or appeal. Beyond doubt this was the intention of those who forced the measure on the Government, and they are the men whose votes and influence pushed it through the legislature. Taking this view of the question there is something to be thankful for, when we realise that the decisions are nearly always based on the supposed legal interpretations rather than ‘ ‘ on the intentions” of those who are responsible for the existence of this “ hass” of a law. In its administrative sense two illustrations of. the law has been presented to us during the past week, one case refers to the deadlock which has taken place at Wakatipu (Otago) between the chairman and the elected section of the Licensing Committee. The report states that the committee had before them an application

for conditional licence for some sports. In this question there is a great principle involved, as to whether the chairman can veto the unanimous decision of the people’s elected administrative officers. If this can be done, as attempted at Wakatipu, what is the use of electing cmomitteemen at all ? Why not leave the whole proceeding to be conducted by

a chairman whose appointment to that office is made by Statute ? We feel sure the law does not contemplate such an arbitary and. un-British proceeding. And if the law allows it, we say the law is a “ hass ” It will be remembered that at the recent cold water convention, held at Palmerston North, a resolution was passed in favor of “ not granting” conditional licenses for race meetings, cattle shows, and the like ; and that the liquor law should be amended accordingly. . If the action of the chairman at Wakatipu is correct, then the work of the “ pump party,” as indicated, is one of supererogation, as it is only necessary for them to appeal to the ex officio chairman, and get him on the side of local prohibition, to have their narrow, selfish, views given practical effect to. If the deadlock at Wakatipu ends in the chairman carrying “ the fort,” then it will be the duty of the Legislature to take such steps as will in future prevent a repetition of such abortive administration. Then, during the past week, there was another case dealt with by appeal in the Supreme Court at Christchurch, which has been properly described as involving an interesting point of law. The report of the proceedings which has reached us reads as fol- - lows:— . .J_—■ — f

At the Supreme Court last Friday an interesting case under the Licensing Act was heard in the form of an appeal from the decision of Mr Beetham, S.M., convicting an hotelkeeper named Miller of illegally selling beer on Sunday. The beer had been sold to a bona fide traveller, not for his own consumption, but intended for a resident. The police entered at the time, but the resident did not drink the beer. It was submitted on behalf of appellant that as the beer had not been drunk, an < ffence had not been consummated, and had not, in fact, been committed. His Honor held that this view of the law was erroneous, and that the intention of the Legislature, which was that a traveller should not be at liberty to purchase liquor in prohibited hours for anot her person, had not been complied with. The appeal was dismissed.

If the decision of Mr Beetham, S.M., supported as it is by the finding of the higher court in the appeal, is correct, then it appears to us that no person can purchase liquor on a Sunday for the purpose of taking it to a friend’s house, where he is a visitor, but must gulp it down in the hotel bar, or do without it altogether. Again we say, if this interpretation of the enactment is strictly or even approximately correct, the law is a “ hass.” Some high legal opinions have been obtained on another phase of Sunday trading, viz., its application to those persons who go out boating or picnicing. It has been ruled—as exemplified by a case down the coast —that a party of boatmen who pulled ashore opposite an hotel on a Sunday, ordered and were duly supplied with alcoholic liquors as bona fide travellers, but in consequence of their having purchased liquor to take away with them in their boat, it was alleged to be a violation of the Act, and was a punishable offence on the part of the hotelkeeper. If this is correct the information is-undoubtedly conveyed that the boatmen could have obtained sufficient liquor to get respectively or collectively as drunk as Chloe by imbibing on the licensed premises, but could not take away “ sufficient to keep them sober” if purchased for use on their boat. , Every day the absurdities and anomalies of the Liquor Act are, becoming more and more apparent, and surely no one will dispute the accuracy of our reiterated statement that the law is a “ hass.”

A HAWKE’S BAY INDUSTRY.

Robjohns & Sons’ Brewery. At the invitation of the head of the firm of Messrs Robjohns and Sons our representative paid a visit to the above brewery and bottling cellars, which were founded some 20 years ago. During this time many additions have been made, and improvement has followed on improvement, until the establishment is classed by experts as -one of the most complete, and is considered the model brewery in the colony. The buildings

stand upon two acres of ground, and comprise brewery, cellars, malt houses, cooperage, cleansing rooms, and bottling stores. Some time 'ago the firm decided to delve still further into the bowels of the earth, feeling certain that more suitable water for brewing purposes than that already in use could be found ata lower strata. After repeated trials which would have disheartened many, perseverance was rewarded and a first-class underground reservoir tapped at a depth of over 400 ft. The quality of the water obtained Lias justified the exertions used, and proved the correctness of the theory formed. This will enable the firm to add still further to the laurels to those obtained at the last Agricultural and Pustoral Society’s show in October, when they were awarded four first prize for their ales and stout. Ihe well is situated about 250 yards from the building, the water being conducted through galvanised iron pipes. That required for brewing is pumped into a cold liquor square at the top of the building, while the overflow is used in cooling down the cellar. From the cold liquor square the water finds its way through a couple of large filters into the hot liquor square. The first visit was paid to THE MALT-HOUSE. This building has four floors, each one of which covers a space of 80ft by 25ft. The first three are made of concrete, with a surface as smooth as glass, the upper floor being occupied with airtight bins for the storage of malt In this department the process of turning barley into malt is carried on, and to the unitiated a short deec.iption of the method may not be uninstructive. The barley is hoisted up from the delivery carts to the top floor. From there it is turned into two “ steeps ” or vats of a capacity of 20 sacks each. As the grain descends down the shoots into the steeps it passes over two of Boby’s patent screens, the wheels of which are kept going by the action of the barley falling on wooden battens constructed after the style of paddle -wheels on a minature scale. This machine eradicates every particle of dust, and prepares the grain for steeping. After going through this process the barley descends on to the growing floors below, where it is turned and tended, being moved gradually but surely from one end of the floor to the other. When the grain has exhausted its growth, it is then placed in baskets with large wooden shovels and hoisted to the kilns, where it is subjected to varying temperatures according to the article required. The kiln in use is one of Herman’s patent double kilns, and is, we are informed, the only one of its kind in the colony. The lower floor is constructed of perforated tiles, while the upper floor is composed ef steel rods bound together to prevent the grain from passing through. One of the advantages gained by this kiln is that the fires require no attention throughout the night. At 5 p.m. sufficient coke fuel is put on to last until 9 a.m. next day, therebv doing away with long weary night watches. When the barley has received the required drying it is stored in the large bins mentioned previously on the upper story. At this point it loses its first name, and the next heard of it is as malt in THE CbUSHI>G BOOM attached to the brewery. Here it is run through heavy rollers on the bottom floor, and then hoisted by an endless belt with cups attached into a wooden bin at the top of the brewery, ready when wanted to descend in a gentle shower into the mashing tun, mixing with the filtered water at a fixed temperature. After the required time the extract is drawn off the cop per boiler, capable of holding 20u0 gallons. The liquid is boiled by fire or steam or both as required, when the hops are turned in. At the top of the boilt-r is a patent umbrella-shaped fountain to prevent the liquid from overflowing, and our representative was informed that housewives would find a similar fountain a great boon if using one on washing day, as it acts as a splendid circulator. In due time we find the liquid running into the hopback, and from here it is pumped up to the copper lined cooler by a double-action pump, running over a refrigerator supplied by water cooled with one of Messrs J. and E. Hall’s freezing machines. It is then run into the fermenting tuns and the yeast added, fermentation then beginning. The tuns are both fitted with attemperaters to regulate ger m ent ation, and get the required standard of heat. Tne liquid is next taken through piping into

the cellars where it goes through the various stages of rippening into a palatable beverage. The cellars are walled off and floored with concrete, and capable of holding over 100 hogsheads, fully that number being on the racks at the date of our visit. Adjoining these is a storage cellar capable of holding close upon 1000 hogsheads closely stacked. CLEANSING DEPARTMENT. The arrangements for the cleansing of the casts is most perfect. Hot water and steam is supplied from a 20 h.p. boiler by Galloway and Sons. This boiler is utilised in supplying steam for washing, driving the machinery, which con prises a 12 h.p. Tangye’s steam engine, also a Tennett’s engine and pump combined. Hall’s freezing machine, crushing mill, hot liquor pumps and malt roaster. Youths and men are Jiept busy throughout the day in the cleansing department and the extent of the work can be gauged when the firm estimates that the number of casks on and off the premises belonging to the industry total 1000 in round numbers. BOTTLING DEPAUTMENT. Besides brewing the malting beers, the firm does ari extensive trade with our teetotal friends in the lighter classes of hop alee and h >rehound beers, for which department of their establishmeiit they have secured more than local reputation. The bottling department is a distinct branch entirely cut off from the b.ewery grounds. There hundreds of dozens of bottles are arranged on substantial shelving, all bearing labels denoting the difference in the contents.

This branch of the business finds them very busy during the winter months, as the beer can be

brewed with a greater certainty of retaining its ; keeping qualities and matures much better than a summer brewed ale or stout, corresponding as it does with the celebrated “October” of the Old Country. Throughout the premises the utmost cleanh- H ness is apparent, the copper, woodwork, and all-,., appliances reflecting several horse-power of elbowgrease. - - Messrs Robjohns & Sons own about 20 hotels in the district, and are also interested in a lot of others. Persons requiring hotels will do well to communicate with them. ’ TRADE TOPICS. Cj ■ . Mr S. Charlton, who lately took over the Criterion Hotel, Napier, is well-known to the travelling public. He has been successfully proprietor of the Railway Hotel, Hasting-s, and the Te Aute Hotel. He intends to carry on the CriS j terion as a first-class hotel for visitors ana tourists to the Hawke’s Bay district. Commercial men and families will find all home comforts with every attention at moderate charges. . For the nse of business men making a visit to Napier, there are some very fine wellsample rooms. At the sitting of the Highgate Licensing < Justices in May, a solicitor applied on behalf of Mr Leonard Bird for permission to , enlarge and improve the Cooper’s Arms, High. Street, High-, gate. —Mr John Glover, chairman of the Bench, said that every inhabitant of Highgate was aware of the fact that there were already too many public houses in Highgate. The application would be refused. The Bench would not allow any enlargment to be made, though they would not object to anything in the nature of repairs being done. ■ ® A deadlock has occurred on the Wakatipu Licensing Bench, owing to the refusal of the chairman, Mr McArthy, S.M., to grant a oon : ditional license for a sports meeting. The committee protest against one man vetoing the action of five elected members of committee, and threaten to refuse to sit unless the chairman gives way. Representations on the subject have been made to the Colonial Secretary. There is a charming amount of originality about the A lliance News, even as to its grammar. On the 22nd inst. it had an article, “ Who should Not Use Alcohol,” which runs “ No One should Use Alcohol.—(1) Who have any family history of drunkenness, &c. (2) Who have used alcohol,. &c. (3) Who are nervous, &c. ? (4) Who suffer from injuries, &c. (7) Who are solitary o r lonely, &c.,” and so on. The “one” who ‘ ‘ are ’ ’ solitary is very original, but we never knew one to be of plural number before. Talk about drunkards seeing double.

Mrs Winifred Kiley, the licensee of the-. Governor Browne Hotel, Hobson Street, was charged during last week with selling liquor on Sunday, April 10th The police evidence was to the effect that they visited the hotel in plain clothes, and saw two men drinking beer. The police took the names and addressees of the men which turned out to be false. Mr Campbell, in opening the case for the defence, said that > charges of this kind should be brought immediately to give the defendant a fair chance of maintaining his position. There were, at ihe time of the alleged offence, abont 30 boarders in the house. He did not dispute the sale of the liquor. It might, or might not be true, he had no evidence to disprove it, after so long a time. The men went there for the express purpose of deceiving the landlord, Kiley had taken such precautions as he could. The publican was entitled to believe that no man would represent himself as a traveller unless it were the caso, considering that there was such a severe penalty attached to the misrepresentation. If Kiley had given these men permission to enter, it was under the impression that they were travellers. John Kiley, first witness for the defence, deposed to allowing Stewart and Martin to enter on Sunday afternoon. They stated that they were bona fide travellers, that they had come, four miles. His sister was not more than seven minutes in the i'■ bar. There were at least 30 boarders at the time in the hotel. Eliza Kiley, daughter of the licensee, said she was only a few minutes in the bar, and she did not sell any other liquor that day Mr Brabant said it was not necessary to call further evidence for the defence, the fair conclusion to be drawn from the evidence was that the person (Mr Kiley), who had been left in charge, did hold, and reasonably, that the two men, who had represented themselves as travellers, were such. The information would be dismissed, and proceedings taken against the two men.

Norway has made a number of experiments in the regulation of the liquor traffic, and one of the most recent and most interesting of these ventures has been in the form of total prohibition. - The results of this practical trial of their favorite cure for the evils of intemperance ought to be very instructive to teetotalers and other advocates of drastic legislation in this colony. The test began in 1894, when all towns in which a Samlag was established were empowered to take a vote on the question whether it should not be abolished and the retail sale of spirits discontinued. The Samlag, it may be explained, is the name given to the company to which a municipality may give a monoply of spirit selling, under what is commonly known as the Gothenbnrg system. As might have been antici- . pated during the first year when the new power of prohibition was put in force, the abolitionists carried all before them. Bot in succeeding years the movement lost its original vigour. Out of twenty-two polls taken in 1896, sixteen resulted in the suppression of the Samlags ; in 1897, put of •fifteen polls, only five were for suppression, while in the eleven towns which have voted this year only four have been for prohibition. Meanwhile arrests for drunkenness have increased in ■ all the towns where prohibition reigns, the sale of beer and wine has gone up by leaps and bounds, and illicit distilleries have been largely revived.