REFUSED.

Press, Volume LXIII, Issue 19174, 3 December 1927, Page 9

REFUSED.

TRANSFER OF LICENSE. NEW ALBION HOTEL, At its meeting yesterday the Christchurch Licensing Committee, refused the amplication of tho transfer of the license or tho New Albion Hotel from A. McDuff to Mrs Myrtle M. Thompson. Recently a temporary license was granted on the assurance of the applicant that ono J. B. Park should not enter the premises and that he should have no financial interest in the hotel. Yesterday the police presented an unfavourable report, Superintendent Eales supporting it. Mr W. J. Hunter appeared for the applicant.

the members of the committee were as follows:—Mr H. A. Young, B.M. (chairman), Messrs H. H. Holland, W E. Simes, K. Matheson, and 11. H. Wauchop. M. Foley, Clerk of the Christohurch Licensing • Committee, gave evidence that when the temporary transfer was granted an assurano was given to tho committee that one. J. 13. Park, to whom a license had been refused, would not be allowed on the premises. It was also stated that Park had no financial interest in the hotel. When the assurance was .given a temporary license was granted. Sergant J. F. H. Macnamara gave evidence of having visited the hotel on October Bth at 10.20 p.m. with a constable. In the public bar he found Mrs Thompson, Park, and two lodgers. He called Mrs Thompson and Park into the office and asked Mrs Thompson if it was not a fact that when the temporary license was granted to her one condition was that Park should nQt frequent the hotel. She replied m the affirmative. Park said that he doubted the authority' of the Magistrate in imposing such a condition on him, as he was not a prohibited person and not a criminal. He said that he stayed at the hotel frequently. Witness asked Mrs Thompson what room Park occupied and Room 3 was pointed out as his room. It was entered in the register as a private room. Mr Hunter: Are you aware that Mrs Thompson and Park had just entered when you arrived —I don't know about that. When you went into the bar Mrs Thompson went away?— Yes, after we had been there a little while. Witness continued that Park had no glass in his hand. He was staying there that night. Constable G. Innes corroborated the evidence of the sergeant. Sergeant W. J. Kelly said that on November 22ud he saw Mrs Thompson at the hotel. Witness had a constable with him. Witness asked if Park hafl any monetary interest in the hotel and she replied that he had a small sum. Park had not stayed at the hotel at all. Room Nos 3 was occupied by a Mr Lambert, a boarder. Mrs Thompson admitted that Park called at 10.45 a.m. on November 19th and also on the afternoon of the 18th. She also admitted that she was aware of the condition and said that.it was not right to impose it as Park was not a criminal. , .... Mr Hunter: What was the condition of the house?— Very clean' and very well furnished. It has improved since she was there t —Yes, considerably. Apart from Park, all is quite satisfactory?— Yes. Constable P. T. Reed gave evidence of keeping a watch on a car outside the hotel. He saw Park enter the hotel from the car on two occasions, on September 2nd and November 18th; Mr Hunter said that Mrs Thompson had lived in hotels all her life. She had had the Dominion Hotel m Timaru and had conducted it very well. Later she had the Shades Hotel in Christ- - church. Her husband had bad health and consequently the management had fallen on her shoulders. She had had experience of large hotels and the Albion was only a small house. She had put all her property into the business. If the license was refused, and she had to sell out, her loss would be very great. The condition was an unfortunate one as the woman could not enforce it. Any man had a right to go into a public-house, if sober, and demand liquor or accommodation. Superintendent Eales: Yes, if a traveller. Mr Hunter: Not at all—any one. The condition imposed, however well meant, was one the woman could not enforce.

Mr Young: It was not a condition. It was an assurance. We have no power to impose a condition. Mr Hunter: Your Worship would nob like to put any man or woman in such a position that no friend might go on to their premises. Park and. Mrs Thompson had been to a concert and she suggested that he should go inside to look at some alterations. Park was not supplied with any liquor. The police having entered, the people there got badly frightened and Park said he was staying there. He had really never stayed there at night. Mrs M. M. Thompson and V. G. Ferguson gave evidence. O. A. Stringer, barrister and solicitor, said that Park had no interest in the hotel. Mrs Thompson had given him a loan without a security. The committee retired for a few minutes, and on returning the chairman announced the decisisn to refuse the application. The applicant, he said, was not approved by the committee as a licensee.