ANNUAL LICENSING MEETING.

Evening Star, Issue 3483, 22 April 1874, Page 2

ANNUAL LICENSING MEETING.

Tuesday, April 21. KAIKORAI. Regarding the application of Lewis Hay Irving Marshall, of Kaikorai Valley, the Commissioner of Police explained that so many complaints had been made concerning this house that he had at length been compelled to send a constable there, so much were the people annoyed during Church hours. Moreover, the curriers and wool-scourers in the district had complained that their hands got so drunk that their business vas materially interfered with.— Application refused. _ _ GREEN ISLAND. The application of Jeremiah Joseph Eagerty, of Green Island, was granted. An application for a transference of the license x u I 1 ? 1180 recent] y occupied by Patrick Long, to Mr Hyndman, was adjourned.

, < MORNI'.'GTON. . The application of John Fogarty, of Mornmgton, for a publican’s license, was granted. lilr Bathgate; It is the headquarters of the Golf Club, and I suppose we ought to encourage all means of recreation. THE BOTTLE-LICENSE QUESTION. Mr B. 0. Haggitt said he wished to make a few remarks in addition to what ho had already advanced that morning. Mr W. White had held a license for some years in connection with premises in Manor place. The only question which could arise was whether the application was in time. It was certainly within the time specified in the Provincial Council Ordinance, and that, ho contended, was sufficient in the matter of a bottle license. The 12th section was capable of a construction other than that placed upon it by himself that morning. There were two periods when applications might be piVfc in. Applications might be lodged at the time fixed by Act for applications for publicans licenses, or for granting certificates of those licenses.

SODTH WAED. Certificates for publicans’ licenses ware granted to the following: James Baxter, Maitland street; Ed. Brown, Hope street; James Ward Cotton. Princes street; William Edward Couzens, Jetty street; Anne Diamond, Princes street; Patrick Fagan, Princes street; and to Edward Bethel Hammond, of Stafford street, a general, but not a night license, was granted. Publicans’ licenses were also granted to Thomas Hancock, William Henry Haydon, James Donaldson Hutton, and James Knox, all of Princes street. Edward Lyons, Stafford street.—Mr Bathgate : There is one thing in this case that I must refer to. The Court is prepared on this occasion to grant a certificate. It understands that prostitutes are in the habit of drinking at the bar of the house and singing; it also appears that there are two ban. One of these must be immediately shut up. If a report comes up that bad characters still frequent this house we will shut it up. —The applicant remarked that prostitutes must get drink somewhere.—Mr Bathgate : They may got drink, but we can shut up the houses that supply them.—The applicant: Others than me supply them.—Mr Bathgate : You have heard the caution I gave yon: so take care.—Application granted. Ephraim Machin, of Walker street.—Mr Haggitt app-ared on behalf of the applicant, and said that he intended to call evidence to remove an impression that existed upon one of their Warship’s minds.—Mr Bathgate said that one of the principles laid down was that no man who owned houses let to women ill fame should have a license granted to him.—Mr Haggitt said that Mr Machiu had never owned such a house for over a year. Finding from the peculiar neighborhood that ha could let bis houses to no one else, he had sold them. It was not his client a fault that the thoroughfare was called Machin’s right-of-way, and if might just as well have been called after one of their Wor ships. Mr Machin had lived for a number of years amongst the worst class of the community, and no charge had yet been brought against him. -■ Mr Bathgate said there was the point of neces*kat Mr Machin’s hotel had been licensed longer than the one opposite or any house in that neighborhood.—Ephraim Machin deposed that he had kept the house for seven years, and it had been licensed for ten years. He had not a house let to prostitutes He never heard the right-of-way called Machin s nght-of-way until two months ago. It used to be called Hoeper’s right-of-way. The women who lived in the neighborhood came to his house and drank, and then left, but he neither harbored nor encouraged them. He had not let his houses to prostitutes for many months. Two of jthom were empty now : though thej>- had furniture in them.—lnspector Mallard that he knew Mr Machin, who conducted his house well, considering the locality in which he lived. Mr Machin was once fined a nominal penalty for selling a pint of beer on Sunday. This was eighteen months ago. The women of the right'of-way no doubt helped to support the house. On the 12th of last month the three houses in the right-of-way and one in Walker street, were let to prostitutes. —Jas, Baxter deposed that during the two years and a-half that he was in the Police force tvt n fr er knew any charge to be made against Mr Machin, who was a respectable man.—Mr Bathgate said that the case would bo adjourned until the next day, in order that the Police might report upon it.

Wednesday, Apeil 22. Ou tho Court resuming, Mr Stout mentioned the case of the brewers, and pointed out that the Act of 1873 said nothing about _ brewers lodging applications. Under the Ordinance of 1865, brewers and apphcants for wholesale licenses had only to apply to the Resident Magistrate at any time not v to Licensing Act.' The Act of 1873, as he had before remarked, contained no reference to brewers’ licenses at ajl. He did not know whether the attention of the Court had been directed to that point or not.—Mr Bathgate: We will take the point into consideration. I may mention that the impression of the Court is in your favor; and it will be our duty to give the Act as favorable interpretation as wo can under the circumstances. I will dow proceed to give the decision of the Bench on the applications for wholesale licenses:— reference to the point raised concerning, the applications for wholesale licenses, namely, whether applications lodged after the first .uesday in March, but before the day of holding the Licensing Court, can be entertained, there is apparently some ambiguity.-' It is clear that the Legislature did not intend to place applications for wholesale licenses precisely in pan casu with those for publicans’ lioensos. It is expressly stated (sec 12) that “no certificate or householders shall be necessary in the case of wholesale licenses.” The wholesale license is a personal one (schedule B), not transferable, and not restricted to special premises like the publicans license (schedule 0). The direction to the Clerk of Court (sec. 20) to publish a list °i applicants in respect of premises ”is not applicable to the case of a wholesale license. p 8 Diemonal of residents against the granting or a license is limited to the case of a publican’s license (section 24 and schedule F). The only preliminary specified as necessary in the case of a wholesale license is, that it “ shall be lodged with the Clerk of Court.” The words regulating

the lodging of the applications (section 12) are as follow “ Applications for wholesale licenses shall be lodged with the Clerk of Court at the same time and in the same manner as hereinafter provided for the application for and granting of certificates for publicans’licenses.” Whatever may have been the intention of the Legislature, the natural reading of these words is that they are a specification of the time and manner of lodging the application only. In regard to the time, it has been urged that the ckusg permits the applications for wholesale certificates to be both at the time provided for the application for certificates for publicans licenses, and at the time foe granting such certificates ; and-that such a reading is the only one which affixes a moaning to every word in the clause. Keeping in view that by subsequent sections, as before referred to, the same procedure in applications for wholesale licenses, as m the case of publicans’ licenses, is not obligatory, and that no objection can bo made by .dult residents to the granting of a wholesale license, and that therefore there is no necessity tor the applications for such licenses being lodged prior to the time of granting, the reading of the clause in the 12th section suggested “ sot in conflict with the spirit of the Act, By tbb FrhvtdbM Orflti&hfce, m, a wfde Mtifde

mi in the case of wholesale licenses, ihe clause, however, as it stands is somewhat misty and obscure, and it looks as if two or three words are wanting to make the meaning of it plain and clear. Still, che Court must makefile best of it as it stands, and it is reasonable in the circumstances that the interpretation. most favorable to the applicants should be adopted, and that all applications for wholesale licenses, lodged up to the time of granting publicans’ certificates, should be considered, it is more than likely that the ambiguity iu section 12 will bo removed by legislation before the next annual Licensing Court, so that if the decision now come to on this point of form be in error, it will form no precedent. The Court will still, in each _of these cases, exercise its function of granting or refusing the application, a 'c n° n where satisfied that the business or the applicant shall be conducted in a respectable manner, and that the applicant is in every way trustworthy. The applicafa of C. Burke, J. Fargie R. M. Robertson Jas. Hutton, R. B. Martin, C. SL Reeves, P. C. Neill, R. Wilson, W. .'tavolv W Scouiar, 0. Nichols, J. A. Walcott, W. G Neill, G. Turnbull, L. Thonoman, O. R. Howden, J. M. Ritchie, F. Lewis, for wholesale licenses, were granted.

NIGHT LICENSES, Mr Bathgate: I may state that what took place yesterday in regard to the opening or shutting of houses at night goes for nothing. Ihe Act is entirely silent as to what hours a house shall be kept open. Any certificate will be in strict terms of the schedule of the Act. ■The question of hours came up inadvertently, in the reports of the police. We must be guided entirely by the Act, and the certificate will be returned in its terms.

SOUTH WAKD, Ephraim Machin. —On this case being called on >' A J r Haggitt called Mr H. Howorth, who said he had no objection to state that he bad nerer seen any impropriety in the applicant’s house. He lived in the upper part of Walker street, but had never seen anything in the shape of improper conduct on the premises. It would be better to have the people going to his house than for them to be crossing the street with cans for liquor. As a resident in the neighborhood, he thought it would be considered an advantage, rather than otherwise, to license the house, John Eva, who has resided three doors higher than the hotel for the last four months, said he had never heard the slightest complaint against the manner in which the house had been conducted. Although ho passed the house daily, he had never seen bad characters in the house but once. Considering the locality, tbe house was surprisingly well conducted.—After Mr Haggitt had been addressing the Bench at considerable length, Mr Bathgate remarked that the question at issue was whether the licensee owned houses in the immediate neighborhood of his hotel, which it was alleged, he let to prostitutes.--Mr Hagpitt explained that after Mr Machin let his houses to apparently respectable persons, his tenants sub-let them to bad characters: but when the latter’s tenancy expired he kept 9m P ty > aQ d was determined to do so, “ ho could get no other class of tenants. Iu * AT e noxt licansin S meeting it was proved that these houses wore let to prostitutes, then take the license away.—The police reported having inspected Mr Maohin’s houses last night. Inspector Mallard found two empty; and one

occupied by a prostitute named Ellen Burke, it haying been rented by one Power, with whom she bad cohubifcod. The furniture belonged to JMaorun. When the Inspector visited the pre™lj®® Mwch, one of the cottages was rented by Wilks, who cohabited with the notorious Mrs button, and ha sub-let to prostitutes.—Mr Bathgate : Do you, as a lawyer, mean to say that Machin cannot, if he chooses, impose conditions on his tenants.—Mr Haggitt: If you anticipate such a thing is likely to be done, xoumay let a house having ten apartments, and each apartment become a brothel. Such a thing may happen to any man. Mr Bathgate : Suppose he made a condition that his tenants should not sub-let to tenants, and the party taking the houses actually let them to prostitutes, would the law prevent that?—Mr Haggitt ii Undoubtedly.—Mr Bathgate: But the law discoutenances immorality,—Mr Haggitt: I don’t care whether the law discountenances immorality. There is nothing against it.—Mr Bathgate: The Court will not give a hurried decision, but will give the application their careful consideration.

Daniel Melican, Walker street.—The police reported that there were seven licensed houses m the same street, Mr Bathgate :It is indisputable that many of these houses do what is called a bar trade, and have really little or no accommodation for strangers visiting Dunedin, bo many public-houses doing a more bar trade must be prevented.—This case, together with the applications of R. W. Shepherd,' James Watson, and Patrick O’Brien, was postponed. Roberts, Princes street.—The police reported that the house was in bad repair, and did only a bar trade.—The applicant: The house is used by the cricketers.—Mr Bathgate : We must not encourage the cricketers to go to house.—The applicant admitted that ho did {not lodge on the premises. The Ordinance said if he slept there once in fourteen days it was enough.—Mr Bathgate replied that w ™ a PPhcant had been doing was illegal —The license was refused.

The following applications were granted : Moss Moss, Margaret MTlroy, T. A. Mackay, and J, Sibbald. W. P. Woodifield’s application was adjourned.

HIGH WARD. T. P. Allen, City Buffet, Princes street. Mr Bathgate; Is there any necessity for this house ?—Mr Weldon s Only for the class of persons frequenting it; I don’t think there is any real bar business done there.—Mr Bathgate :jls there any necessity for this bar trade?— Mr Weldon: Certainly not, so far as I can B&y, Mr Bathgate: The Court does not see apy necessity for this house, and is not inclined to arapt ttyis license. Ip is a mere bar trade. Although this house has been Well conducted during the five years Mr Allen has been in the business, it is with regret that the Court comes to the conclusion it does; but it would not be doing its duty to grant the license. License refused accordingly. James Campbell, Crown Hotel, Rattray street. “hgate : _ The Bench has considerable amenity in passing this license, seeing that the applicant was fined on July 20, for allowing gambling in his house. They grant it, with a caution, seeing that it has seventeen bedrooms, and it is well known that it has good accommodation for strangers. The Bench does not wish to deprive any properly-conducted hotel of its license unless on very strong grounds. It is well known that gambling has been carried on in hotels m Dunedin. There must be difficulties sometimes in bringing it home to parties; still, if landlords choose to allow suspicions to exist against them, those suspicions will eventually prove too strong and will not allow the Court to grant the license. License granted in this case with a caution.

Louis Court, Otago Hotel.—Mr Bathgate; ihe same remark apply to this case, and but that the house has seven bed-rooms, with good accommodation for strangers, the Court could not have granted this certificate. (To MrjCourt): It is understood that your house is resorted to for gambling purposes. I have reason to think that there has been more gambling recently than their ought to have been, and unless you prevent it, you stand no chance of getting a renewal of your certificate —Mr Court replied that there was less gambling in his house than in many houses in Dunedin, and that for some years ho had forbidden the use of dice in hia house.—Mr Bathgate: I have reason to thiuk that your house is frequented by young men who cannot afford, out of their salaries, to pay for tha liquors supplied. Only the other day one young man had to pay the penalty. You must not have any room let for gambling purposes. —Mr Court: I have none.-Mr Bathgate* Your license is granted, .but with a strong

Mi t h j e i C i street.—The police hjl P hlf! ed the applicant was of intemperate habits,; and the house in ill repair. The case See J ° U t0 aU ° W Mr Harria to aaU eri George Dodson Empire Hotel. Mr Bathgate, in granting the license, cautioned the apVhcant against gambling. P R SI Warding, Queen’s Theatre.- Mr S SPf J • I v e Cour t considers it has no power r nt^ S >* nse ’ the P lac « not haring the Mr prascribeci b r the Ordinance. ? infonm me that he repeatedly rethe unsatisfactory acoomMbdktfdn, Thh wab granted during hfe

absence in Australia, by the Justices of the Jreaoe who met at the time, they not knowing the real facts. _ It is of doubtful propriety to nave a . drinking bar so adjacent to a public theatre. I believe it is an offence to many people who visit the theatre—(Laughter). Witt regard to the accommodation of those who want a_ nobbier, there are several respectable houses m the immediate vicinity of the theatre, without the .need of contravening the law to allow this special accommodation. License refused.

George Moore.—Mr Bathgate, in stating that the application, which is for a license for the railway refreshment rooms at Dunedin, would be considered specially, referred to the fact that m Canterbury no intoxicating liquors were allowed to be sold at the railway refreshment rooms ; commenting on the inability of people to get any refreshment other than intoxicating liquors at the refreshment rooms here. Thomas Pavelitch, Maclaggan street,—Certificate granted, with two cautions: First, for the applicant to dispossess himself of a cottage in Machin’s right-of-way. let to prostitutes; second, to shut up one of his bars. Benjamin Perry, Alhambra Hotel, Maclaggan street.—Adjourned to enable the applicant to produce more satisfactory evidence that his interest in some cottages adjoining his house, and let to prostitutes, had ceased. John Scott, Oriental Hotel.—Mr Bathgate referred to the objection of the applicant being a . bachelor. —Scott: But I have been married since the inspection, (Loud laughter.)—Mr Bathgate: Now that objection is removed, I hope you and your wife will go in to encourage hotel trade proper, and loss bar business. Certificate granted. Licenses were granted to J. Aikman. P. Barker, F. Bayley, G. Bennett, J. M. Brown, £: Donaldson, A. T. Dunning, W. Fidler, G. Field, J. Fleming, H. Friedlioh, T. Hethenngton, G. Jacobs, P. Lyng, J. Patters'! 1 ’ « W * iu > H - J - Walter, 0. Woodley, H, Williamson.

. BE P I * ■wabd. All the applications in this Ward were granted, except John Forster’s Artillery Hotel. George street, which was adjourned.

LEITH WABD. i All the applications in this Ward were granted, except J. A. L. Richmond’s, which was under discussion when we woutto press. The adjourned cases will be taken on Wednesday next.

„ APPLICATIONS for PEREARINCB. Mr Stout applied for a rehearing of L. Marshall s application. He stated the applicant, W y ester day in person, was deaf; and he handed in a memorial signed by manufacturers and old residents in the district. The Bench resolved to allow the present application to be made at the termination of th<* business. Applications for rehearings of Eleanor Oollm# b and W. H. Arrow’s applications were unanimously refused.