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From the Dover Express and East Kent Intelligencer, 6 September, 1872. Price 1d.
ANNUAL LICENSING MEETING
The annual meeting of the Dover Magistrates under the Licensing Act of
last season for the purpose of renewing ale-house and beer-house
licenses was held on Monday last in the Sessions House, the Mayor (R.
Dickeson, Esq.,) presiding, and the following Magistrates being also
present: S. M. Latham, Esq., J. G. Smith, Esq., S. Finnis, Esq., Dr.
Astley, T. E. Brook, Esq., and W. R. Mowll, Esq.
ALE HOUSE LICENSES
Mr. Stillwell said that before he read the list of these licenses he
would state an alteration it was intended to make in the course of
procedure. Instead of the licenses being brought to the applicants for
renewal, as heretofore, it had been arranged that the licensees, as
their names were called, should pass into the Grand Jury Room, where a
couple of his (Mr. Stillwell's) clerks would be in attendance, and would
hand them their respective licenses, after they had given the names of
the owners of their houses, it being necessary under the new Act that
the name of the owner of the house, as well as the name of the person
licensed, should be endorsed upon the license. The Magistrates wished
him to mention another matter, viz., that for the future it would not be
necessary for an applicant for renewal of license to attend personally.
It would be necessary, however, notwithstanding that provision, that
some one would be present to make the application, as otherwise the
license would not be renewed. He mentioned this to prevent any person
being put to the trouble of going to Broadstairs to get their license
renewed simply because they had misread the section of the Act of
Parliament.
It being found that the approaches to the Grand Jury Room were so
crowded that it would be very inconvenient for the proposed arrangements
to be carried out there, a table was provided in the outer hall, and as
the names of the applicants for renewal were called and responded to
they left the Court and received their licenses in the manner indicated.
There were no objections on the part of the Police to the renewal of any
of the licenses; and very little of public interest transpired in this
part of the proceedings. A six days' licence was granted to Mr. Lewis
Adams for his restaurant in Snargate Street.
The beer-house licenses were all renewed, without objection.
PERMISSION TO SELL SPIRITS OFF THE PREMISES
Licenses to sell spirits and liqueurs off the premises under the
provisions of the 69th section of the Act were granted to the following
applicants:- Mr. W. Pell, grocer, Snargate Street; Mr. George Page,
grocer, Bench Street, Mr. F. W. Mowll, wine and spirit merchant, Strond
Street; Mr. E. Thiselton, grocer, bench Street; Mr. W. Binfield, grocer,
Last Lane; Mr. G. C. Rubic, grocer, Biggin Street; Messrs. P. S. and S.
Court, wine and spirit merchants, Snargate Street; Messrs. J and W.
Lukey, wine and spirit merchants, Bench Street; Mr. E. Wooton, grocer,
14, Trinity Square, Margate; and Mr. E. Richardson, grocer, Biggin
Street.
REFRESHMENT HOUSE LICENSES
Mr. B. A. Igglesden, confectioner, of Market Square, applied to sell
wine on the premises.
Mr. W. Mowll appeared in support of the application, and Mr. Fox, on
behalf of Mr. C. Pain, of the “Fountain Hotel,” and other licensed
victuallers' carrying on business in the neighbourhood, opposed.
The necessary notices having been proved by Mr. E. Coleman.
Mr. Mowll said that it would not be requisite for him to take up the
time of the Bench for many minutes in support of the application. Mr.
Igglesden was well known to their worships. As they were aware, he
carried on business of a confectioner; and he asked for this license in
order that persons frequenting his shop might, if they felt so disposed,
take a glass of wine with their bun or tart.
Mr. Fox said he opposed the application on behalf of the persons he had
mentioned on the ground that such a license was not necessary for the
conduct of Mr. Igglesden's business. He had not a word to say against
the fitness of Mr. Igglesden to hold such a license; but he did not
think that because he sold pastry he should necessarily sell wine. If
his customers, after eating their pastry, desired anything to drink,
there were a number of houses within a very few yards of Mr. Igglesden's
shop – the “Fountain,” the “Antwerp,” the “Garrick's Head,” and others.
From the recent policy of the Legislature the Bench would gather that it
was desired to restrict instead of to increase licenses houses; and one
of the clauses of the last Act provided that after this year no house
below a certain value should receive a license. On these grounds he
urged their worships not to grant the application.
Mr. Mowll said he did not know whether he was entitled to reply; but he
would just ask the Bench if it was likely Mr. Igglesden's customers
would buy pastry in his shop, and then adjourn to the “Garrick's
Head.”
(Laughter.)
The Bench granted the application
Mr. Cullen Marsh made application for a refreshment license for the
Royal Baths. He reminded the Bench that one of the rooms facing the sea,
frequented by visitors as a reading room, had been also used as a
refreshment room, and wine sold, last season, under the direction of the
manager of the “Imperial Hotel.” The hotel was now closed; but visitors
still needed refreshment, and complained much of the inconvenience of
being unable to obtain it. His object, therefore, was to establish a
refreshment counter similar to that which existed last year, and which,
as he pointed out, was a source of great convenience to visitors.
Mr. Fox, in opposing the application, on behalf of Mr. Todd, a licensed
victualler, carrying on business in Townwall Street, and on behalf of
other licensed victuallers in the same neighbourhood, said that the
selling of wine under the license of the “Imperial” was an irregularity,
and could not be urged as a president. He disputed the necessity of a
wine license in this case on the same grounds he had urged in the last,
and not at all from any hostility to the applicant. He would also point
out that it had been against the policy of the Bench to grant any
licenses whatever to premises on the seafront, and he thought that if
they departed from this salutary rule great inconvenience might
ultimately perhaps be experienced.
The Magistrates granted the application.
POWERS OF JUSTICES UNDER THE NEW ACT
Mr. Boys said he had been requested by the Magistrates of Margate to ask
a question with respect to the power of justices under the new Licensing
Act as to the closing of public houses; and he had no doubt he should
obtain a satisfactory answer. He found that under the Act 21 days'
notice must be given of any alteration of the hours of closing. Mr.
Hammond, one of the Margate Magistrates had brought under the notice of
the Bench that, while the houses under the jurisdiction of the Margate
Magistrates were closed at 11, those in the liberties, under the
jurisdiction of the Dover Bench were not closed till half past. So that
in reality about forty or fifty houses in close proximity in the borough
of Margate did not close till half-past eleven. Mr. Hammond at the same
time pointed out that no notice had been given.
Mr. Stillwell said that he did not understand from the Act that any
notice was required in fixing the hours; but only for the alteration of
time after it had once been fixed. The Act gave the Magistrates power to
order the houses to be closed at the hours specified under the Act or at
other times within certain limits, and this part of the section was
silent as to notice. In the event of the hours now fixed being altered,
notice would of course have to be given; but in fixing the hours he did
not think notice necessary, and that, he believed, was the construction
put upon the section in most parts of the kingdom.
Mr. Boys said he had made the enquiry merely at the suggestion of the
Magistrates, and was much obliged by the reply.
Mr. Prall said the Magistrates at Rochester had thought it necessary to
give notice.
Mr. Stillwell repeated that, at most places in the kingdom, the
construction he had mentioned had been put upon the Act.
APPLICATION FOR EXTENSION OF TIME
Mr. Fox made a like application on behalf of the “Princess Maud,”
Hawkesbury Street; the “Brussels Inn,” Beach Street; and the “Terminus
Inn,” Beach Street. Mrs. Ainsley was called in respect to the last
application, and said she had been in the habit of keeping her house
open all night for the accommodation of travellers arriving by the
packets from Ostend to Calais. The house was also frequented by those
employed about the Admiralty Pier and the railway station. Mr. Fox also
applied on behalf of the landlord of the “Liberty,” Adrian Street, for
permission to open at 4, instead of at 5, as it had been the practice of
this house to supply workmen with coffee, and other refreshments early
in the morning.
An application was made by Mr. Claris, on behalf of Mr. Nutt, of the
“Apollonian Hall,” to keep open at all times except between the hours of
one and two a.m. balls were constantly given at the “Apollonian Hall,”
and it would be exceedingly inconvenient to those attending them if they
were prohibited from taking any refreshment after half-past eleven.
Mr. Benjamin Browning, proprietor of the “Clarence Music
Hall,” Snargate
Street, made application to keep open his house till 12 o'clock on week
days, at the same time stating that he did not open at all on Sundays.
Mr. Sims, landlord of the “Ship Inn,” Strond Street, applied for
permission to open at 4 a.m. on week days for the accommodation of
passengers.
Mr. Baker, of the “Duchess of Kent,” Market Square, applied for
permission to open at 4 o'clock a.m., for the accommodation of persons
attending the market and others.
Mr. Bushell, of the “Garrick's Head,” Market Square, made a similar
application on the like grounds.
Application was made by Mr. White, of the “Pier Inn,” Beach Street, and
by Mr. W. Prescott, of the “Folkestone Cutter,” Great Street, to keep
open at all hours except between one and two.
Mr. W. Drake, of the “Pavilion Inn,” Custom House Quay, made application
to open at 4 a.m. and remain open till 12 p.m.
Mr. Tams, Landlord of the “Engineer,” Folkestone Road, made an
application to remain open till 12, for the convenience of the
officials, connected with the Priory railway station.
Mrs. Paramour, of the “Alma Inn,” Folkestone Road, applied for her house
to remain open till eleven on Sundays, for the convenience of persons
arriving by the train shortly after 10 needing refreshment.
This comprised the applications under this division, but Mr. Fox said
that he was instructed by the Dover Licensed Victuallers' Association to
make a special application to the Bench, viz., that they would take into
their consideration the propriety of extending the hour of closing
generally on Sunday evenings until 11 o'clock. Much inconvenience had
been caused in Dover by the regulation in this respect, and he should be
prepared to show, if the Magistrates would give the necessary notice of
their intention to take his application into their consideration, that
much inconvenience was caused to persons arriving by train and others
from their inability to obtain refreshment after ten.
The Magistrates then retired, and after an absence of about three
quarters of an hour returned into Court, when the Mayor delivered the
following decision:-
We have most carefully considered the applications made to us today, not
only with respect to the new licenses, but also as to the alteration in
the hours of closing and opening various houses. I will first state the
decisions the Magistrates have come to with respect to the applications
for new licenses. Four have been made today – namely, Mr. Brazier, for
the Maxton Estate; Mr. Cessford for 18, Esplanade; Mr. Albert, for a
house in Snargate Street; and Mr. Joyce, for the transfer of the “Rose
and Shamrock,” to the “Burlington,” and the Magistrates have decided
upon refusing the whole of these licenses. With respect to the extension
of time for the hours of closing and opening public-houses, various
applications have been made, and I mat state that, although they vary
considerably in regard to the time asked, the Magistrates have come to
one decision upon the whole of them. I am now speaking with regard to
the closure at night, and the bench have resolved not to extend the
hours of closing in any single case. With reference to the hours for
opening in the morning, several applications have been made to alter the
present hours; for instance, Mr. Middleton has asked that his house may
be opened from 2 a.m., but the Magistrates have determined to fix the
hour at 4 o'clock a.m. The same applied to Mrs. Goodbun's case, who made
a similar application. Mr. Young's (of the “Princess Maud”) application
is granted. Mr. Bromley, of the “Liberty”” also asked to open at four,
and his application is granted for week days only. The application of
Mrs. Hussey of the “Brussels Inn,” is refused. The application of Mrs.
Ainsley, of the “Terminus Inn,” who asks to be always open except
between the hours of one and two in the morning, is also refused, but
she can open at four o'clock in the morning on week days only. The
application of Mr. Nutt, of the “Apollonian,” is refused. The
application of Mr. Browning of the “Clarence Saloon,” is refused. The
application of Mr. Sims, of the “Ship,” who asks to open at four in the
morning on week days only, id granted. Mr. Maker's application is
granted, as also is Mr. Bushell's, of the “Garrick's Head,” viz., to
open at four a.m. on week days only. Mr. White, of the “Pier Inn,” Beach
Street, made an application to close at one a.m. and open at three a.m.
His application is refused, but he may open at four a.m. He must,
however, close at the usual hour. The application of Mr. Prescott, of
the “Folkestone Cutter,” is refused, but permission will be granted to
him to open at four a.m. The application of the “Engineer,” on the
Folkestone Road to keep open till twelve p.m., is refused; as also is
the application of Mrs. Paramour, of the “Alma,” Folkestone Road, to
keep open till eleven on Sundays. I have, I think, stated all the cases,
and in conclusion will only state that the present special exemptions in
favour of travellers is still in existence under the new Act as it was
under the old one.
Mr. Claris said the refusal of Mr. Nutt's application would be very
inconvenient to him, as in the case of balls, it would be impossible to
carry them on as usual, if all opportunity of obtaining refreshment
after half-past eleven was prevented.
Mr. Stillwell said that, in each case, Mr. Nutt could make a special
application before any two justices, who would have the power to accede
to it.
Mr. Claris: And do you understand that such an application has to be
made every time a ball is held.
Mr. Stillwell thought that was the meaning of the Act.
Mr. Claris: If you understand the Act, it's more than I can. (A laugh.)
A Licensed Victualler, from the body of the Court, enquired whether the
provision of the Act were to be applied strictly to hotels as well as to
other licensed houses.
The Mayor: Certainly.
Mr. Fox, in respect to his application for a consideration of the hours
of closing on Sunday evenings, said that, on further consideration, his
clients had resolved to see how the Act worked for a twelvemonth before
asking the Bench to make any alteration.
The Magistrates thought this was a very wise decision.
The proceedings then terminated.
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