THE LICENSING BENCH.

Evening Star, Issue 3680, 8 December 1874, Page 3

THE LICENSING BENCH.

The adjourned sitting of the Licensing Bench was held this afternoon, the Commissioners present being Messrs Bathgate (chairman), Strode, Fulton, and Mason. THE N OUT LICENSE QUESTION, On the Court opening. Mr Bathgate said that the subject of night licenses had received the very careful consideration of the Court; there was a difference of opinion amongst its ipembers on the subject, but the majority of the Court were of opinion that it had uo power to grant, such licenses. He was of a contrary opinion, thinking, as night licenses were specified in the Provincial Ordinance and as the general Act authorised the Court to issue all licenses mentioned in the t’rovincial Ordinance, the Court had power to grant night licenses. But he was only a unit one against his ‘three colleagues —and he was obliged to bow to their decision in iha matter. But they were also of opinion th.it there was a remedy ; they did not ieove the applicants without a remedy. The 32nd section of the Act provided that licensed houses should be open from 6 a.m. till 10

p.m. only, except in cases where a general ' ight license was he’d, >.nd went on to ■-ay, “and duri-ig all other hours such h~iise ami premises shall be closed, unless the time f-. r closing the same be extended by the Resident Va.ixtrnte i* herein provided.” The Bench were of opinion that this part of the section gave the Resident Magistrate power to extend the hours, and the Court were agreed upon the interpretation of the words “publicans’ licenses’ - and “general licenses” in the Act ami Ordinance respectively meant the same thing. The holders of publicans’ licenses at present only paid a fee of L2O, applicable to a general license, so that they had only power to remain open until ten o’clock at night. If any person thought it worth while to keep open after ten the police or any other person wishing to have the law determined could proceed in the regular way bv information : then the facts would come before the Resident Magistrate and be adjudicated upon iu ordinary f'>rm : eithe- side would then have the right of appeal, so that the law might be ultimately determined by the Supreme Court. At pr - sen", by a majority, the Court were of opinion that they could not entertain applications for night licenses. Mr Haggitt pointed out the hardship of the decision, as it left the way open to an onslaught ou the publicans, who, having for years been accustomed to night licenses, had been selling after ten o’clock. He suggested one application should be withdrawn : that person should keep open after ten o’clock, and be proceeded against by the police as a test case ; in the meantime all the other applicants should be adjourned until the Court would be iu possess ou of the opinion of the •Superintendent. Mr Harris, who appeared for ten applicants, concurred in Mr Haggitt’s suggestion, with which The Bench agreed, Mr Bathgate remarking that they were unanimously of opinion a certain class of house should be kept open till 12 p. m. for the accommodation of the public. , NEW LICENSES. das. A. L. Richmond applied for a license for the Scotia Hotel Dundas and I eith streets. Mr Haggitt {with him Mr E, Cook) urged strongly that the license should be granted ; prodmed a memorial signed by 1-50 persons in the neighborhood in the applicant’s favor ; and read a letter from the Rev. R.. L {Stanford who stated that “ he had seen reason to change his opinion on the subject The closing of the Scotia Hotel had not been productive of that advantage to the neighborhood he anticipated ; but merely the means of inducing unlicensed parties to sell strong drink. Whether the necessity for a hotel there existed he was not prepared to say, but it- would be more advantageous to the neighborhood to have a licensed house under police supervision, and kept by a person of the applicant’s good character, than a number of sly grog shops--for which reasons he withdrew his opposition ” Mr Kirby, master of All Saints’ School, by Mr Blair, 0. E,, by Mr Hay, and Mr Reeves also wrote all in favor of the license being granted. The. Bench agreed to grant the license. There was some attempt to applaud the decision, but it was suppressed. Nicholas Maloney (for whom Mr Barton and Mr Turton appeared), and Thomas Htffernan, Mr B. 0. Haggitt supporting, applied for ho ises situated at Kensington. A person named Wilson submitted a memorial by persons who objected to licenses of all kinds being granted, but it was not only pointed out that no notice had been given of it, but that some of the signatures actually appended were affixed to those in favor of both licenses being granted. The Bench decided to grant one license, and considering Maloney’s house gave the best accommodation and was in the best position gr anted him a license. Hcffcrnan’s application was refused. L J. Marshall’s (Kaikorai) was adjourned till January 11, when, if the house is put m proper condition, the lie nse will be granted. _ BOTTLE LICENSE. Henry Steinmetz’s application was granted. MUSIC HALL LICENSE Rr. E Lyons’s app iuation for the Corinthian Hall, Stafford street, the Bench decided they had no power to entertain the application, which Mr ilarrife supported.