Licensing.

Southern Cross, Volume 2, Issue 12, 23 June 1894, Page 5

Licensing.

A MOMENTOUS DECISION’.

' ; (By Spectatob.)

Half-past ten on Monday m orbing foundl me in the court room of the 'Stipeijdary Magistrate anxious to hear the decision of the licensing committee with;res,pect to the. fate pf the Prince of Wales, Union, Supreme Coritt;Stratheat*n, “Mitson’s” (Shack•el’s), Stag’s Head,; and Golden Fleece Hotels. The committee, after refusing to renew the licenses of these houses, and this without hearing evidence, had subsequently decided to accept testimony and then pronpunce judgment. There were a lot of interested spectators present, the space open to the public being crowded. The inner area, devoted to witnesses, lawyers, etc., was also welh-filled. Here, my attention was attracted to a big .man holding (a small specimen of the terrier persuasion-—so tiny that it could have been .stowed away in the pocket of an overcoat. Not far off sat a short, fat man with a jolly-looking, •expression, and I presently learned that he was connected with, the big man and the aforesaid terrier. It appeared that the small man had appropriated the dog, and tried to sell it in an hotel for sixpence. Presently the trio left for another part of the building, where the dog “ fancier was fined 10s, and soon after the committee emerged from the Magistrate’s room. His Wdrship (Mr Rawson, S. presided, with Messrs J. S. Baxter, J. Stead, and W. Ross on his right, the Rev. Mr Woollass and Mr J. W. Mitchell on his left, and Messrs T. Fleming, E. B. Jones, and J. H. Kissell at the clerk’s table below—this arrangement, being due : to the limited accommodation available. The committee had heard evidence respecting the hotels mentioned, but in the interval a meeting of the Southland A. and P. Society had been held in favour of the Prince of Wales Hotel and a gathering of farmers had also taken place to support that hotel and the Union.

Mr Wade opened by stating that deputations were present from the meetings mentioned, and were ready to submit the views of those whom they represented if the committee would be kind enough to hear them. The chairman: Can you show any authority why we should hear deputations ?

Mr Wade said that Ministers of the Crown and M.H.R.’s constantly received deputations, although there was no special provision for their do-

ing so. The chairman ; Is not this a judicial body P Mr Wade said he hoped so, although there appeax’ed to be a good deal of doubt about it.

The chairman did not think a judicial body could receive deputations, but the gentlemen referred to could give evidence on oath. ■ Mr Harvey said he had been about to suggest that course. A. Dunlop, sworn, deposed that he had been a member of the Southland A. and P. Society since its formation thirty years ago, and during all that time its meetings had been held in the Prince of Wales Hotel. It contained large rooms specially adapted for the purpose, and the closing of the hotel would be a great inconvenience to the members of the Association, which consisted of farmers and the leading business men of the place. The meetings were mostly held in the business part of the day, and a small annual charge was made for the accommodation, so there was no temptation to drink. His own personal opinion was that in point of public convenience the| Prince was more required than any other hotel in town. C. Basstian, sen., on behalf of the farmers’ meeting, gave evidence to

the same purport. At the meeting there were only two dissentients —Mr Buxton and another. (Mr Wade ;

But he is neither a farmer nor a town resident.) Even with the Prince of Walee open hotel accommodation was inadequate—the Southland Clnb, even

at this, the slack time qf the year, had to’ make up extra beds occasionally. A. Potter, licensee of the Prince, deposed that he had had 102 people at luncheon on Saturday last. Mr Rattray then called evidence re the Union Hotel, Messrs Dunlop and Basstian returning to the witness-box to state that the house was very useful to farmers, having, among other things, exceptionally good stabling accommodation. 1 Mr Dunlop added that it was also very convenient to people with friends in the Hospital — particularly people from the country. Dr Low, a former Resident Surgeon, also testified to this, and then Mr Rattray read a letter sent to the licensee by Mr D. McDermott, of Groper’s Bush, who, although he had taken no intoxicants for ten years, stated that the house was required, especially by settlers.

J. E. Gunn, dispenser at the Hospital, deposed that in the present .cramped state of the institution he had sometimes to send people to the hotel, so that they could stay there and receive treatment as out-door patients. Many of this class of patients were drawn from the country, and to these, and to the friends of patients, the hotel was a great convenience, seeing that they could be readily called in the event of any change for the worse in the condition of a sufferer in serious cases. A more obliging man than the licensee in reference to all matters connected Avitb the Hospital could not be got. The witness also referred to the monetary loss the institution would sustain through the absence of the hotel Hospital box. Mr Rattray presented a petition from farmers in favour of the hotel.

Mr Harvey, on behalf of Mrs Lang, put in a petition signed by forty persons in favour of the Golden Fleece Hotel. Ml' . $

Mr Hanan next had ah innings regarding the Strathearn Hotel. If it were closed there would be only one hotel to 1,800 people in that particular locality, and according to the Act the proportion should be one to every 700 people. 'He also pointed out that the nearest hotel was half -a - mile away, and that the people of South Invercargill had voted in favour of the hotel:

J. R. Richards, Mayor of South Invercargill, presented a petition in favour of the hotel, which was required. Gr. Brown and B. Reynolds testified to the same effect.

Evidence and petitions for the Supreme Court and Stag s Head Hotels were also placed before the Committee, the licensees being represented by Messrs Rattray and Brodrick respectively. During his address to the Court Mr Brodrick referred to a circular sent to his client and argued that it covered other grounds of objection to renewal than those open to the committee. The Chairman differed, and eventually told Mr Brodrick that he was rude. Mr Brodrick said he had not been guilty of rudeness, nor would he tolerate it from others.

Constable Mcllveney deposed that he had tried repeatedly to serve a notice of the meeting on W. Shackel, of Mitson’s Hotel, but without success, and he had finally left it with Mrs Shackel.

A wholesale license was granted to M. Instone.

Applications for extensions of licenses to 11 o’clock were made for the Crescent, Albion, Southland Club, Deschler’s, and Clarendon Hotels.

At this stage the committee adjourned to 3.30 p.m. The chairman shortly after announced their decision as follows : —With respect to declining to hear evidence in the first instance, not thinking it necessary to do so, doubt a mistake, afterwards rectified, was made, but I must personally take the blame upon myself and fully exonerate the committee. . . However complex the administration of the Acts may be there is one clear o-eneral principle running through the Statutes since 1873 —I have not troubled, to look further back--urn? found (besides in other sections) particularly in section 75 of the Act

of 1881 —being the same provision as in section 22 of the Act of 1873 which reads : —“ The Licensing'Committee shall exercise their discretion in granting or refusing any certificate for any description of license, and shall not be obliged to grant the same merely because the requirements of the law as to accommodation or personal fitness of the applicant are fulfilled, unless in their opinion there is a necessity for the publichouse or other establishment for the sale of intoxicating liquors for which application is made.” Discretionary power is also referred to in section 78 with respect to renewals. This discretion is further accentuated by “ The Alcoholic Liquors Sale Control Act, 189.3,”-in cases where a popular vote has decided that the number of licenses be reduced, and in this licensing district i t was so accentuated as to nearly amount to prohibition. Thus whatever private hardship may ensue, the committee feel it their duty, and within their power,, and think it desirable to carry into effect the popular intimation. The committee had ample time before the first licensing meeting to acquaint themselves with the position of the various houses in the several localities, and since the last adjournment have made personal inspections. They have listened to the evidence that has been adduced before them relating to the seven houses whose licenses have not as yet been renewed. The conclusion the committee have now arrived at is. alter the’ most careful consideration -of all the circumstances, that it is • ■ ■ ihle, with respect to the whole licensing district, and having regard to ihe convenience of the public, sad the particular requirements o. rhe several localities within

the district, that all the applications now before them should be refused, and the elected committee have almost unanimously voted accordingly. There are several applications for extensions to eleven o’clock, butjnothing except ten o’clock licenses are granted. As to lights they must all be put out at ten o’clock. Mr .Rattray said that the licenses expired on the 30th June, and as some of those affected might wish to obtain an interpretation of the new Act by the Supi'eme Court, the committee might authorise their chairman to accept service in the event of furtheraction being taken, or authorise a. solicitor to do so. Messrs Harvejr and Wade also referred to the matter, and the chairman said the committee would arrange it. Mr Wade; And before you separate, gentlemen, allow me to tell you this—it is war to the knife. (Laughter.) You have done, wilfully, wantonly, and deliberately, a gross injustice, and I will hold you responsible. The chairman : That will do. I won’t have the committee threatened. Mr Wade: I tell you, sir, it is war to the knife. Each one of you will feel it in your own private life. The committee then retired, some jeering being indulged in by a number of the spectators. So ended the first licensing meeting under the new Act. Its results were very tersely summed up by one of the unsuccessful applicants as the people streamed out — “ It’s no go !”