Folkestone Express 4-9-1880 |
The former Granville Inn (behind gas lamp) awaits demolition in this 1958 photograph. Credit Folkestone Library |
Licensees
Charles Howe 1880 1882
John McKay 1882 1887
Robert McKay 1887 1888
Henry Wood 1888 1888
Robert Leach 1888 1890
Walter Jefford 1890 1890
Henry Abbott 1890 1891
Carlo Maestrani 1891 1892
Carlo Maestrani 1891 1892
Walter Jefford 1892 1892 To
British Colours
Frederick Stickles 1892
1897
Stephen Wickenden 1897 1899
Thomas Oliver 1899 1902
Charles Partridge 1902 1903
Frederick Skinner 1903 1922
From Tramway Tavern
George Ralph 1922 1923
Arthur Perrin 1923 1928
Harry Kennard 1928 1932
Folkestone Express 6-8-1881
Saturday,
July 30th: Before The Mayor, J. Clark Esq., and Alderman Caister.
Charles Howe,
landlord of the Granville Inn, Dover Street, was summoned for opening his house
for the sale of liquor during prohibited hours on the previous Sunday, and
George Jacobs, William Roberston, James Bradshaw and John Childs, three
soldiers and a waiter, were charged with being on the premises during
prohibited hours.
Superintendent
Rutter said on the day named, at half past three in the afternoon, he visited
the Granville public house, Dover Street, kept by defendant, in company with
Sergeant Ovenden. He knocked at the front door four times. Defendant, he
believed, came to the door and asked who was there. He replied “Police”.
Defendant called to some person “It`s the police. Bring the key”. Finding the
door was not unlocked, he knocked again twice, but received no reply. Sergeant
Ovenden then knocked at the side door, and it was opened by defendant`s wife.
Witness went into the house, and on the table in the taproom on the left hand
side he noticed wet marks of pots on the table. He then went into the back room
and saw the defendant, Mr. Howe, at the dinner table. There was also Henry
Newman in the house. Defendant`s wife said “There is no-one in the house, Mr.
Rutter, for I would not even serve a pint of beer this morning”. Defendant said
he had been very bad with rheumatic fever and could not get about. Witness
asked defendant`s wife to accompany him over the house. She did so. They went
down to the kitchen, and found a door leading out at the left hand corner,
which defendant`s wife said was a spirit cellar, and added “You don`t want to
go in there, it`s dark”. He asked her to bring him a light, and the defendants
Childs and Jacobs then came out into the kitchen. Hearing a further scuffling
in the cellar he went in, and noticed some other people on the stairs.
Robertson and Bradshaw, with two other men, went into the room in which Mr.
Howe was. He called to them to wait, and took their names and addresses. Defendant`s
wife said in his presence “They have had no beer, Mr. Rutter, and we didn`t
know they were in the house. The side door must have been left open, and they
walked in without our knowing it”. He told defendant he should take proceedings
against him. He said he was very sorry, and hoped witness would make it as
light as he could.
Defendant
admitted that the men were in the house, but said they had nothing to drink,
and called a man named Newman to substantiate his statement.
The Bench
decided to convict the defendant, and ordered him to pay a fine of £5 and 9s.
costs, to be levied by distress, or in default one month`s imprisonment.
In the case
of the three soldiers, it transpired that a conviction against them would
involve the loss of a good conduct stripe and a penny a day for 175 days. The
charge against them was therefore withdrawn on payment of the costs, 8s. The
other defendant was fined 2s. 6d., without costs.
Folkestone Express 26-11-1881
Wednesday,
November 23rd: Before The Mayor, General Cannon, Colonel De
Crespigny, Aldermen Sherwood and Caister, J. Holden, J.B. Tolputt and J.
Fitness Esqs.
Mary Ann
Smith pleaded Guilty to being drunk and disorderly in Dover Street, and also to
breaking two panes of glass, value 3s., the property of Charles Howe.
Charles Howe,
landlord of the Granville, said the defendant was refused drink. She then
became very violent and committed the damage.
P.C. Reid
said he saw the defendant take off her shoe and break the windows. She used
very foul language.
The Bench
inflicted a fine of 5s. and 3s. 6d. costs for the first offence, and for the
second a fine of 5s., damage 3s., and costs 3s. 6d., or fourteen days`
imprisonment.
Folkestone Express 11-11-1882
Tuesday,
November 7th: Before The Mayor, General Armstrong, Capt. Crowe, and
M.J. Bell Esq.
Annie Young,
a hawker, was charged with stealing a gilt chain and locket, and various other
articles, the property of Elizabeth Gomez.
Prosecutrix
said she met the prisoner at the Lifeboat Inn, and as she could not obtain
lodgings, and appeared to be a respectable woman, she took her to her room at
the Granville Inn, Dover Street. She stayed a few days, and after she had left,
prosecutrix missed several things, among them being a gilt chain and locket, a
pocket knife, a pair of earrings, a pocket handkerchief, a piece of carpet, and
two lace falls. On Friday she saw the prisoner at a public house and asked her
if she had the things. She denied having taken them, and said she had not got
them. On the following day she went to a bedroom occupied by the prisoner, and
there found the piece of carpet, which she identified as her property. The
value of the whole of the things stolen would be 5s.
Prisoner was
remanded until Wednesday.
Wednesday,
November 8th: Before The Mayor, General Armstrong, Captain Crowe,
and M.J. Bell Esq.
The woman
Young was brought up on remand charged with stealing articles belonging to
Elizabeth Gomez. No further evidence was offered.
Mr. Minter
said the locket and chain could not be traced, and the only article found
belonging to prosecutrix was the piece of carpet, which was of very trifling
value.
It transpired
that there had been a disturbance between the prosecutrix and the prisoner, and
after the prosecutrix had been questioned on the point the Bench dismissed the
charge.
Folkestone News 2-8-1884
Friday, July 25th:
Before Colonel De Crespigny, J. Holden Esq., and Alderman Caister.
Mary Gower was charged with
being drunk and refusing to quit the Granville in Dover Street.
John McKay, the landlord,
said the defendant had lodged at the Granville for a week, and on the previous
day at about half past two she was very nearly drunk. He ordered her out of the
house, and she refused to go, defying him and the police. He had to send for a
constable to assist in getting her out, and they had almost to lift her bodily
in doing so.
P.C. Hogben corroborated.
In the course of a lengthy
statement in defence, the woman said her husband, who was working at Sandgate,
was in the habit of getting too much to drink and knocking her about, and under
these circumstances she did appear to some people to be in liquor herself. On
the day in question she had only shared two pints with her husband, and had
half a pint to herself, and she appealed to the Bench if it were possible for
her to have been drunk on that. Her husband on one occasion last week drank
eight pints of beer before he came up to their room to tea.
Fined 5s. and 5s. 6d.
costs.
Folkestone Chronicle 6-12-1884
Wednesday,
December 3rd: Before J. Bell Esq., and Ald. Hoad.
Charles
Hopkins, a young man, was charged with stealing an overcoat from outside Mr.
Logan`s shop, Tontine Street.
It appears
that Mr. Logan missed a coat and gave information to the police. A constable
went the next morning to the Granville Inn, Dover Street, where the prisoner
was lodging, and found him in his bedroom, and in possession of the stolen
coat.
In defence
prisoner said he met a man in High Street, who asked him if he would like to
earn a shilling, which he said he would. He then told him to pawn the coat for
14s., as they would give more to a stranger for it than they would him.
Prisoner went into the pawn shop and they would give him no more than 8s. on
it. He took it away, and on looking for the man he could not find him, so he
kept the coat in his possession.
On being
asked by the Bench if he would prefer to be summarily dealt with, prisoner said
he would.
The Chairman
stated that the Bench did not believe his story and were convinced that he
stole the coat. He would be sentenced to two months` imprisonment with hard
labour.
Folkestone Express 6-12-1884
Wednesday,
December 3rd: Before Alderman Hoad and M.J. Bell Esq.
Charles
Hopkins was charged with stealing a black overcoat, value 27s., the property of
Thomas Logan, clothier, of Tontine Street, on the 2nd December.
Prosecutor
said on Tuesday evening he missed a coat from outside his shop. It had been
hanging on a rail in front of the private door. It was there about four
o`clock. P.C. Lilley brought the coat to him the next morning.
P.C. Lilley
said from information received he went that morning to the Granville Inn, in
Dover Street. He found the prisoner in a bedroom there. The coat produced was
hanging on a nail inside the door. He asked prisoner if it was his, and he said
“Yes”. He asked him where he bought it. He replied “Pringle`s, Upper High
Street, Margate”. Witness told him it answered the description of one stolen
from Tontine Street, and that he must go with him. They went to Mr. Logan`s,
who identified the coat, and prisoner was then taken to the police station. On
being charged he made no reply.
Prisoner said
he did not steal the coat. He met a man, who asked him to go and pawn it. He
took it to a pawnbroker`s and asked 14s. on it, and they offered him 7s. When
he got outside with the coat, the man was gone.
The prisoner
was sentenced to two months` hard labour.
Folkestone Chronicle 12-3-1887
Monday, March
7th: Before Dr. Bateman, Ald. Caister, J. Fitness and J. Holden
Esqs.
James King
was charged with having stolen a bag containing four half sovereigns and
fourteen shillings in silver; also a silver watch, Albert, and trinket, the
property of W. Taylor.
William
Taylor, a fish hawker, of No. 4, Radnor Street, said he was at the Granville
public house, Dover Street, on the previous Thursday evening. He went into the
tap room and the prisoner was there in company with several others. He had a
bag in his possession containing £2 14s. He “stood treat” to the company and
took out the bag to pay. He afterwards put it into the inside pocket of his
jacket. He left about eleven o`clock. Prisoner was in the room part of the
time. He went home with a man named Johnson, and the next morning found that
his purse was missing. On going with Sergt. Pay to the Granville on Friday
morning, the landlord showed him the bag produced which contained his money.
John McKane
said he was manager of the Granville Inn. He saw Taylor in the tap room on the
evening in question. He could not say if he was in drink. Prisoner had been in
his service four weeks. He played the piano and was paid 1s. per night, and had
his lodgings free. Yesterday week was the last time he paid him, and last
Tuesday he borrowed sixpence.
Alice Stanley
said the prisoner went to her at the coffee house in Dover Road, and asked her
to go to Dover with him. Prisoner offered her a watch chain. They went to Dover
and stayed all night, the prisoner paying expenses.
Fredk.
Parsons, an assistant at Mr. Logan`s in Tontine Street, deposed to the prisoner
purchasing there a coat and waistcoat for 13s. When taking out the money to
pay, prisoner also displayed two half sovereigns in addition to the one
tendered, with three shillings in payment.
P.S. Pay said
that about half past four last Saturday afternoon he went to the Granville with
prosecutor and saw the prisoner. He put several questions and prisoner denied
having had a watch chain. Prisoner said the prosecutor must be mistaken in
charging him with stealing his property. He knew nothing about it. Prisoner
made no reply when charged at the police station by the Superintendent.
Upon the
usual formula being read over to the prisoner he pleaded Guilty and asked that
the case should then be disposed of.
The Bench
passed a sentence of three months hard labour.
Folkestone Express 12-3-1887
Monday, March
7th: Before Dr. Bateman, Alderman Caister, J. Fitness and J. Holden
Esqs.
James King
was charged with stealing a bag containing £2 14s. in money, a watch guard and
two trinkets, the property of William Taylor.
Prosecutor, a
fish hawker, living in Radnor Street, said on Thursday night he was at the
Granville Inn, Dover Street. Several men were there in front of the bar. He
went into the tap room. Prisoner was there. He treated prisoner and a man
called King. He had then four half sovereigns and 14s. in a bag, which he took
out of his pocket to pay with, and then put it back in his jacket pocket. He
stayed till about eleven o`clock, then left. Prisoner was in the room all the
time. A man named Johnson, a fish hawker, saw him home. On Friday morning when
he woke up he missed his money. On Saturday he went with Sergt. Pay to the
Granville about half past four in the afternoon and saw the landlord, who
showed him the bag produced. He saw prisoner at the Granville. Sergt. Pay asked
if he was at Dover on Friday. He said “Yes”. Pay then asked if he had a watch
and chain, and he said “No”. Witness gave prisoner into custody. He identified
the trinkets produced as his property.
John M`Kay,
landlord of the Granville Inn, said on Thursday evening Taylor went to his
house about eleven o`clock and went into the tap room with several lodgers,
John Jeffrey, Tom Jeffrey, Charles Wilson, the man King, and another called
King, but whose name was Major. Taylor sat down in the tap room. He was not
very drunk. He had something to drink. After they had all gone, witness went
into the tap room and found a small black bag. On Saturday morning Taylor went
to the house with Sergt. Pay and he gave him the bag. Prisoner had been in his
service four weeks, his occupation being to play the piano, for which he had
1s. a night, his lodgings and a pint of beer. He paid him 5s. on the 27th
February, and on the following Tuesday lent him 6d.
Alice
Stanley, a young woman living at Mempes` coffee-house, said she knew the
prisoner King. On Friday morning, about ten or half past, he asked her to go to
Dover with him. Before she left she said if she was going to Dover she would
get her watch out of pawn. She asked a young woman if she had a chain. Prisoner
said he had a chain he would give her, and gave her the chain produced. They
went to Dover and stayed at the Pier Inn, and returned to Folkestone on
Saturday. Prisoner paid expenses – she could not say how much.
Frederick
Parsons, assistant to Mr. Logan, clothier, of Tontine Street, said he
recognised the prisoner, who went to Mr. Logan`s shop on Friday morning and
purchased a coat and vest, for which he paid 18s., and tendered a half
sovereign and 8s. in silver. He laid all his money on the counter. He had two other
half sovereigns and some silver.
Sergt. Pay
said on Saturday afternoon he went to the Granville with prosecutor and saw
prisoner. He asked him if he went to Dover on Friday. He said “Yes”. He asked
him if he had a watch and chain at the Commercial Quay. He said “No”. He then
said “Taylor accuses you of stealing some money and a silver chain”. He replied
“You must be mistaken. I know nothing about any money or chain”. Taylor gave
him into custody. When charged at the station, he turned to prosecutor and
asked him if he was aware what he was doing. He was searched, but nothing
relating to the charge was found on him. The bag he received from Taylor, and
the chain from Stanley. The coat and vest produced he found in prisoner`s
bedroom.
Prisoner
pleaded Guilty and was sentenced to three months` hard labour.
Folkestone Chronicle 14-5-1887
Saturday, May
7th: Before The Mayor, J. Fitness, J. Holden and E.T. Ward Esqs.
Robert
Mackay, landlord of the Granville Inn, Dover Street, was charged with keeping
his house open for the sale of beer during prohibited hours.
Defendant`s
brother, who is manager of the house, appeared in answer to the summons. He was
represented by Mr. Minter, and Mr. Worsfold Mowll appeared to watch the case on
behalf of the owners.
Sergeant
Harman said at midnight on the 1st of May he was duty with police
constables Dunster and Bailey in Dover Street. He went to the Granville Inn,
tried the doors, and found they were fastened. He heard a number of people
talking in the taproom, and money rattling. He knew John Mackay`s voice, and
heard him in the bar. He also heard pots and glasses rattling in the bar, as
though he was serving. He was going to visit the house, but another charge
occupied his attention. At a quarter to one he returned to the house, and about
12.55 he heard a door leading into a passage open. He then saw a number of
people in the house. The door was pushed to in his face, but he stuck his feet
in so that it could not be shut. He told them who he was, and John Mackay said
“All right”, but he kept him five minutes or more before he let him go in. He
heard the men escaping through the house to the back, into a private yard at
the back of another house. He sent Dunster to prevent anyone from escaping. He
was afterwards let into the house, and found seven men in the taproom. Four
pint glasses were standing in the room – three on the table, and one on the
mantel. One was half full of beer, another a third full, and two others had had
beer in them. He knew the men by sight. He took their names and addresses. One
was named Wilson, a lodger in the house. The others were people residing in the
town. One man, named Wilson, drank the contents of one of the glasses and said
“I suppose we can have some more beer, sergeant, if we can get it?” Defendant
had conducted the business three years and nine months. He told the men they
would be summoned, and told Mackay he should report him. He replied “You see,
sergeant, my bar is closed. I hope you will look over it this time. If you
don`t, you will ruin me and my family”. He reported the matter to the
Superintendent.
By Mr.
Minter: He said no beer had been drawn. He did not say the men had broken in
after the house was closed. His wife said so. The house was cleared at eleven
by the police, but he was not present.
Police
constables Bailey and Dunstan corroborated. The latter said he visited the
house at ten minutes past eleven and told the defendant to clear his house,
which he did. He went away and returned with Sergeant Harman at midnight.
Cross-examined
by Mr. Minter: One or two of the men I saw there at ten minutes past eleven, I
saw at a quarter to one. He had to tell them twice to go.
Mr. Minter
said Mr. Mackay had tried in every way during the last five years to conduct
the house in a respectable way, and had done everything in his power to assist
the police. It was a house which the lower classes frequented, but no offences
against the licensing laws had been committed. He said the men got into the
house by forcing up a cellar flap and refused to go away, and while the
altercation between Mackay and the men was going on the police came. If no beer
was drawn the charge would fail.
He called
John Mackay, who said he managed the Granville public house for his brother,
Robert. On the 20th April the house was closed a few minutes after
eleven. He closed the bar at eleven, and requested the men to go. P.C. Dunstan
went in and cleared the house. After they were gone he was waiting for his
wages. He heard someone at the cellar flap, which was broken off. He went
outside, and when he opened the door the men rushed in. He told them he would
charge them with breaking into the house. They sat down in the taproom and
would not move. From the time he locked up he never opened the bar or drew any
beer. It was after twelve when the men broke in, he thought. He was quite sure
he never served the men with anything. When Sergt. Harman went in he told him
the men had broken in, and that no beer was drawn. One of the men in the bar
was a lodger.
Ann Mackay,
wife of the last witness, gave corroborative evidence.
William Finn,
a lodger in the house, said he went out with Mackay to help him put the flap
on. The men then went into the house, but no beer was drawn for them. They sat
in the taproom talking.
Robert Downie,
a plumber, living opposite to the Granville Arms, said the house was kept very
orderly.
By the Clerk:
He had not complained to the police that the house was a brothel. Three years
ago he complained of being assaulted by the police when he complained of a
nuisance outside his house. He had never complained to the police about the
house. It was only of the manner in which the police used him.
After a short
consultation the decision of the Bench was announced by Mr. Holden, who said
the defendant would be fined £5 and 15s. costs, or a month`s imprisonment, and
they further ordered the licence to be endorsed.
Mr. Mowll
made an earnest appeal to the Bench to reconsider their determination to
endorse the licence. He pointed out that for five years the house had been well
conducted, and that his clients had taken the utmost care to find a respectable
tenant who had, as they had heard, altered the character of the house, and
conducted it in a respectable manner.
Mr. Holden
replied that they had allowed Mr. Mowll to make his statement, and the answer
was that they had taken the whole of the matter into consideration, and they
had inflicted a moderate fine of £5. When they might have made it £10.
Six young
men, named George Harris, Robert Featherbee, Fagg, Carter, Weatherhead and
Wilson, were then charged with being found on the premises during prohibited
hours, and they were each fined 2s. 6d. and 8s. costs.
Folkestone Express 14-5-1887
Saturday, May
7th: Before The Mayor, J. Fitness, J. Holden, and E.T. Ward Esqs.
Robert
Mackay, landlord of the Granville Inn, Dover Street, was charged with keeping
his house open for the sale of beer during prohibited hours.
Defendant`s
brother, who is manager of the house, appeared in answer to the summons. He was
represented by Mr. Minter, and Mr. Worsfold Mowll appeared to watch the case on
behalf of the owners.
Sergeant
Harman said at midnight on the 1st of May he was on duty with police
constables Dunster and Bailey in Dover Street. He went to the Granville Inn,
tried the doors, and found they were fastened. He heard a number of people
talking in the taproom, and money rattling. He knew John Mackay`s voice, and
heard him in the bar. He also heard pots and glasses rattling in the bar, as
though he was serving. He was going to visit the house, but another charge
occupied his attention. At a quarter to one he returned to the house, and at
12.55 he heard a door leading into a passage open. He then saw a number of
people in the place. The door was pushed to in his face, but he stuck his toe
in so that it could not be shut. He told them who he was, and John Mackay said
“All right”, but he kept him five minutes or more before he let him go in. He
heard the men escaping through the house to the back, into a private yard at the
back of another house. He sent Dunster to prevent anyone from escaping. He was
afterwards let into the house, and found seven men in the taproom. Four pint
glasses were standing in the room – three on the table, and one on the mantel.
One was half full of beer, another a third full, and two others had had beer in
them. He knew the men by sight. He took their names and addresses. One was
named Wilson, a lodger in the house. The others were people residing in the
town. One man, named Willson, drank the contents of one of the glasses and said
“I suppose we can have some more beer, Sergeant, if we can get it?” Defendant
had conducted the business three years and nine months. He told the men they
would be summoned, and told Mackay he should report him. He replied “You see,
Sergeant, my bar is closed. I hope you will look over it this time. If you
don`y, you will ruin me and my family”. He reported the matter to the
Superintendent.
By Mr.
Minter: He said no beer had been drawn. He did not say the men had broken in
after the house was closed. His wife said so. The house was cleared at eleven
by the police, but he was not present.
Police
constables Bailey and Dunster corroborated. The latter said he visited the
house at ten minutes past eleven and told the defendant to clear his house,
which he did. He went away, and returned with Sergeant Harman at midnight.
Cross-examined
by Mr. Minter: One or two of the men I saw there at ten minutes past eleven I
saw at a quarter to one. He had to tell them twice to go.
Mr. Minter
said Mr. Mackay had tried in every way during the last five years to conduct
his house in a respectable way, and had done everything in his power to assist
the police. It was a house which the lower classes frequented, but no offences
against the licensing laws had been committed. He said the men got into the
house by forcing up a cellar flap, and refused to go away, and while the
altercation between Mackay and the men was going on the police came. If no beer
was drawn, the charge would fail.
He called
John Mackay, who said he managed the Granville public house for his brother,
Robert. On the 20th April the house was closed a few minutes past
eleven. He closed the bar at eleven, and requested the men in the house to go.
P.C. Dunster went in and cleared the house. After they were gone he was waiting
for his wages. He heard someone at the cellar flap, which was broken off. He
went outside, and when he opened the door the men rushed in. He told them he
would charge them with breaking into the house. They sat down in the taproom
and would not move. From the time he locked up he never opened the bar or drew
any beer. It was after twelve when the men broke in, he thought. He was quite
sure he never served the men with anything. When Sergt. Harman went in he told
him the men had broken in, and that no beer was drawn. One of the men in the
bar was a lodger.
By the Clerk:
The men were only sitting down and they refused to go. He went out to the front
of the house, but could not see a policeman.
Ann Mackay,
wife of the last witness, gave similar evidence.
William Finn,
a lodger in the house, said he went out with Mackay to help him put the flap
on. The men then went into the house, but no beer was drawn for them. They sat
in the taproom talking.
Robert
Downie, a plumber, living opposite to the Granville Arms, said the house was
kept very orderly.
By the Clerk:
He had not complained that the house was a brothel. Three years ago he
complained of being assaulted by the opolice, when he complained of a nuisance
outside his house. He had never complained to the police about the house. It
was only of the manner in which the police used him.
After a short
consultation the decision of the Bench was announced by Mr. Holden, who said
the defendant would be fined £5 and 15s. costs, or a month`s imprisonment, and
they further ordered the licence to be endorsed.
Mr. Mowll
made an earnest appeal to the Bench to reconsider their determination to
endorse the licence. He pointed out that for five years the house had been well
conducted, and that his clients had taken the utmost care to find a respectable
tenant, who had, as they had heard, altered the character of the house and
conducted it in a respectable manner.
Mr. Holden
replied that they had allowed Mr. Mowll to make his statement, and the answer
was that they had taken the whole of the matter into consideration, and they
had inflicted a moderate fine of £5 when they might have made it £10.
Six young men
named James Harris, Robert Featherbee, Fagg, Carter, Weatherhead and Wilson
were then charged with being found on the premises during prohibited hours, and
they were each fined 2s. 6d. and 8s. costs.
Folkestone Express 21-5-1887
Thursday, May
19th: Before H.W. Poole and W. Wightwick Esqs., and Surgeon General
Gilbourne.
William Finn,
a lad, was charged with stealing a silver watch, value 25s., the property of
George Finn, on the 5th May.
Emily Finn,
mother of the prisoner, living at 154, Dover Road, said she had a silver watch
left in her custody by her brother, who was now in America. She placed it in a
box in a bedroom. Prisoner had been in the habit of coming to and fro the
house, but did not live with her. She missed the watch on Tuesday evening.
John Mackay,
of the Granville Inn, said he received the watch from prisoner about a
fortnight ago as security for money he owed. He said he would pay the money on
Saturday.
Sergt. Pay
apprehended the prisoner in the race field at the back of Caesar`s Camp on
Wednesday. He said the watch was as much his as it was his father`s.
Prisoner`s
father said his son was a great trouble to him. He threatened on Saturday to
murder him and he was obliged to take the course he had done.
Prisoner was
sentenced to one month`s hard labour.
Folkestone Chronicle 16-6-1888
Saturday,
June 9th: Before The Mayor, Major H.W. Poole, F. Boykett and J.
Brooke Esqs.
Robert
Mackay, landlord of the Granville Inn, was summoned for refusing to admit the
police to his house, and with permitting drunkenness on his premises.
Mr. Worsfold
Mowll appeared for the defendant and Mr. Minter prosecuted.
Mr. Mowll
applied for a remand until Saturday next. Mr. Minter said he had no objection.
The case was therefore remanded until the 16th inst.
Henry Allen,
a blind man, was summoned for being found drunk on the above premises.
Supt. Taylor
said this was a portion of the last case and asked that it might also be
remanded until next Saturday, This was granted.
Folkestone Express 16-6-1888
Saturday,
June 9th: Before The Mayor, J. Brooke, F. Boykett and H.W. Poole Esqs.
A publican
named Mackay was charged with refusing to admit the police, and permitting
drunkenness. The summons was adjourned until the following Saturday.
Note:
Granville Inn
Monday, June
11th: Before The Mayor, Alderman Banks, H.W. Poole and J. Brooke
Esqs., and Surgeon General Gilbourne.
Stephen Gosby
was charged with being drunk and disorderly in Dover Street on Saturday night,
and with assaulting P.C. Charles Smith.
Supt. Taylor
said the constable was unable to attend as he was suffering from a fractured
rib.
Mr. Richard
Hills Barwick, grocer, of Dover Street, said he saw the prisoner struggling
with a policeman on Saturday evening, opposite his shop. They fell three times,
and on one occasion the policeman fell on his side on to the kerb. He went out
and helped the policeman put on the handcuffs. The prisoner offered no
resistance to the constable beyond trying to get away. He did not strike the
constable.
Prisoner was
remanded until Wednesday.
Folkestone Chronicle 23-6-1888
Saturday,
June 16th: Before F. Boykett Esq., Major Poole, Surgeon General
Gilbourne, W. Wightwick and J. Brooke Esqs.
Robert
Mackay, landlord of the Granville Inn, Dover Street, was summoned for
permitting drunkenness, and unlawfully refusing to admit the police to his premises
on the 3rd inst.
Mr. Minter
prosecuted, and Mr. Worsfold Mowll (of the firm of Mowll & Mowll, Dover and
Ashford) defended.
Defendant
pleaded Guilty and therefore it was not necessary to call the evidence.
Mr. Minter,
in acquainting the Bench with the facts, stated that the defendant had been a
great trouble to the police, and other convictions had been recorded against
him. On the night in question the police, having suspicions, went to the house
but the defendant refused to admit them. When, however, they did gain
admittance two men were found hidden on the roof and another lying on the sofa
in the back parlour, drunk.
Mr. Mowll
said he would leave the case to the merciful consideration of the Bench. They
all knew that such a house was no easy task to keep. He was sure the Bench
would take a lenient view of the case when they knew that the defendant had
been turned out of the house by the brewers, and consequently both he, his
wife, and ten children were thrown upon the streets or the Union. He (Mr.
Mowll) would also ask the Bench to transfer the licence.
The Chairman
remarked that the Bench thought it necessary to endorse the licence altogether.
Mr. Mowll
said he sincerely trusted they would not do so. The brewers turned the
defendant out of the house immediately they knew the summons had been issued.
They could not have done more.
After a short
consideration, the Chairman said the defendant would be fined £5 and 9s. costs
for permitting drunkenness on the premises, and £2 and 9s. costs for refusing
to admit the police. In default of paying the first amount he would be
imprisoned for a month, and the latter 14 days. The licence would not be
endorsed this time.
Henry Allen
was then summoned for being found drunk on the premises on the same day.
After hearing
the evidence, the Chairman said as there was a doubt in the case the prisoner
would be dismissed with a caution.
Henry Wood
was then granted permission to draw at the Granville Inn.
Stephen Gosby
was brought up on remand charged with being drunk and disorderly, and
assaulting P.C. Smith.
The
constable, who had been suffering from a fractured rib, now attended, and
stated that his attention was called to the Granville Inn, Dover Street, on the
previous Saturday night. When he got there he found about forty people standing
outside. The prisoner was standing inside the door, drunk and in a fighting
attitude. When witness got him outside he asked him to go away, and as he would
not do so, witness took him into custody. The prisoner became very violent, and
after witness had closed with him they fell three times, and once on the edge
of the kerb. With the assistance of Mr. Barwick and P.C. Stannage the prisoner
was taken into custody. When they arrived at the police station, witness
discovered that he was badly hurt in the ribs, and had been under the police
surgeon ever since.
Prisoner
stated that he asked the policeman to allow him to go back into the house for
his wife and children. He admitted being drunk at the time.
The Chairman:
And more disgrace to you for being drunk.
Prisoner,
continuing, hoped the Bench would deal leniently with him, as he had a wife and
two little children. It was solely for them that he wanted to go back into the
house.
The Chairman:
Still more disgrace to you.
For being
drunk and disorderly prisoner was fined 5s. and 5s. 6d. costs, and for
assaulting the constable, 20s. and 5s. 6d. costs, or 14 days`.
Prisoner was
removed below.
Folkestone Express 23-6-1888
Advertisement:
To Let:
The Granville
Public House, Dover Street, and the Lifeboat beerhouse, North Street,
Folkestone. Particulars of Mr. Loftus Banks, Hotel valuer, Folkestone.
Saturday,
June 16th: Before F. Boykett, W. Wightwick and J.W. Brooke Esqs.,
and Surgeon General Gilbourne.
Stephen Gosby
was brought up on remand, charged with being drunk and disorderly and resisting
the police on the 9th June.
P.C. Smith
said he was on duty in Dover Street on the 9th of June at about 7.30
in the evening. His attention was called to a fight at the Granville, and he
saw between 40 and 50 people outside. The prisoner was inside, drunk, his face
covered with blood, and he was standing in a fighting attitude. He pulled
prisoner out into the street and asked him to go away, but he refused and made
a great disturbance. He then took prisoner into custody. He resisted violently,
and they fell three times in the street. In the struggle the prisoner nearly
“wriggled” himself out of his clothes. He then put the handcuffs on with the
assistance of Mr. Barwick. Upon reaching the police station witness felt very
unwell. He was ordered off duty, and had remained so since. His ribs were
fractured.
The prisoner
admitted he was drunk, and he was very sorry. He had a wife and two children
waiting for him in Canterbury.
The Bench fined
prisoner 5s. and 5s. 6d. costs for being drunk and disorderly, or seven days`
hard labour; and for resisting the police, 20s. and 14s. 6d. costs, or fourteen
days` hard labour.
Robert
Mackay, landlord of the Granville Inn, Dover Street, was charged with
permitting drunkenness on his premises on the 3rd of June, and with
refusing to admit the police.
Mr. Minter
prosecuted, and Mr. Mowll defended.
The defendant
pleaded Guilty, and Mr. Minter stated that the police demanded admittance to
the house, and upon gaining admittance they found two men out on the roof, and
one man drunk downstairs.
Mr. Mowll
addressed the Bench on defendant`s behalf.
The Bench
inflicted a fine of £5 on defendant and 9s. costs for permitting drunkenness,
and £2 and costs for refusing to admit the police, or in default, one month and
fourteen days` respectively.
Henry Allen
was charged with being drunk at the Granville in on the 3rd inst.
Defendant
said he was not drunk, but asleep.
P.C. Lilley
said he visited the Granville at 2.25 a.m., and found the defendant lying on a
sofa in the back room, drunk. The defendant was a pipe maker, and lived in
Bridge Street.
P.C. Scott
said at 4.50 the same morning he saw the defendant going up Dover Road, and he
said to him “You`ve left your lodgings very early this morning”, and he replied
“I was too boozed last night. I`m tired and want to get home”.
The Bench
took a merciful view of the case and dismissed it.
Southeastern Gazette
25-6-1888
Local News
At the police court
on Saturday, Robert Mackay, landlord of the Granville Inn, Dover Street, was
charged with permitting drunkenness on his premises, and with refusing to admit
the police, on the 3rd inst.
Fined £5 and 9s.
costs for the first, and £2 and costs for the second offence, or, in default,
six weeks’.
Henry Allen was
charged with being drunk on the above-named premises, on the 3rd inst. The case
was dismissed.
Folkestone Express 15-12-1888
Wednesday,
December 12th: Before H.W. Poole and W. Wightwick Esqs.
Transfer of
License
The licence
of the Granville was transferred to Robert Leech
Folkestone Chronicle 21-9-1889
Wednesday,
September 17th: Before Aldermen Banks and Pledge, and Major Poole.
Robert Leach
was charged with selling beer on the beach, he not being authorised by his
licence to do so.
Thomas Smith,
“Punch and Judy showman”, said on Friday, the 6th, about half past
twelve, he was on the beach. His son, Thomas Smith was with him. He saw
defendant on the beach, and sent his boy to him. Leach handed the boy some beer
in the ginger beer bottle produced, for which he paid a penny.
Thomas Smith,
son of the last witness, said he went to defendant and asked for half a pint of
beer. He said “Who is it for?” and he replied “For my father”. He said “Who is
your father?” and he answered “He works up by the Bathing Establishment”. It
was taken from a stone jar in a little locker behind the camera obscura. He had
seen defendant serve beer to boatmen.
By Mr.
Minter, who appeared for the defendant: Saw defendant serve beer to boatmen,
but did not know their names.
William
Carden said he was part owner of the locker. Leach brought his dinner beer at
half past one in a glass bottle. He lodged with defendant, and had a pint of
beer usually with his dinner.
By Mr.
Minter: Also ordered the defendant to bring half a gallon of beer and was
responsible for payment when he returned home.
Mr. Minter
urged that the defendant had committed no offence. The evidence of Carden showed that he had
ordered the beer. It was simply a trap, and the defendant was caught in
committing an indiscreet act.
The Bench
considered the case proved. Defendant was liable to a fine of £50, but they
reduced the fine to £5, and 15s. costs, or a month`s hard labour.
Folkestone Express 21-9-1889
Wednesday,
September 18th: Before Aldermen Banks and Pledge, and H.W. Poole
Esq.
Robert Leach
was charged with selling beer on the beach, he not being authorised by his
licence to do so.
Thomas Smith,
“Punch and Judy man”, said on Friday, the 6th, about half past
twelve, he was on the beach. His son Thomas Smith was with him. He saw
defendant on the beach, and sent his boy to him. Leach handed him some beer in
the ginger beer bottle produced, for which he paid a penny.
By Mr. Minter:
I took the bottle to Mr. Fagg at the Baths.
Do you
combine some other occupation with your “Punch and Judy” – that of an amateur
detective? – No. I was not employed by anybody to do it, but I was told the
beer was ordered, and determined to find out whether it was. I am a
teetotaller, and was not thirsty.
Thomas Smith,
a boy, said he went to defendant and asked for half a pint of beer. He said
“Who is it for?” and he replied “For my father”. He said “Who is your father?”
and he replied “He works up by the Bathing Establishment”. It was taken from a
stone jar in a little locker behind the camera obscura. He had seen defendant
serve beer to boatmen.
By Mr.
Minter: I saw defendant serve beer to boatmen that day, but do not know their
names.
William Carden
said he was part owner of the locker. Leach brought his dinner beer at half
past one in a glass bottle. He lodged with defendant, and had a pint of beer
usually with his dinner.
By Mr.
Minter: He also ordered the defendant to bring half a gallon of beer, and was
responsible for payment when he returned home.
Mr. Minter
urged that the defendant had committed no offence. The evidence of Carden
showed that he had the order for the beer. It was simply a trap, and the
defendant was caught in committing an indiscreet act. With regard to the Punch
and Judy man, who said he was a teetotaller, he was either one of those rabid
teetotallers who would do anything to trap a person who sold beer, or merely a
creature of the police, or of Mr. Fagg, of the Bathing Establishment, and had
better by half have been attending to his business.
The Bench
considered the offence was proved beyond doubt. Defendant was liable to a
penalty of £50, but they reduced the fine to £5 and 15s. costs, or a month`s
hard labour.
Folkestone Express 3-5-1890
Wednesday,
April 30th: Before F. Boykett, J. Brooke, H.W. Poole and W.G.
Herbert Esqs.
Temporary
authority was granted to Mr. Jefford to sell intoxicating liquors at the Granville
Inn.
Folkestone Express 23-8-1890
Saturday,
August 16th: Before The Mayor, Capt. Carter, Aldermen Pledge and
Dunk, J. Fitness, J. Clark, and W.G. Herbert Esqs.
Stephen
Barton was charged with being drunk and disorderly in Harbour Street on the 10th
of August.
P.C. Dunster
said the defendant, with several others, was near the Alexandra Hotel, very
drunk. He asked defendant to go away, but he declined, and asked his companions
to go to the back of the Alexandra to get a drink. He used bad language and
refused to go away with his companions. He told witness he had been in public
houses many a night playing nap with the Superintendent and the Sergeants.
Defendant
replied that this was “a pack of lies”. He told Dunster he was drunk in the Granville,
and Dunster replied that he was a “----fop”. He denied that he was drunk; the
constable was more drunk than he was.
Sergeant
Butcher said he saw the defendant in Tontine Street at ten minutes to eleven,
being led home drunk by two young men. Defendant pushed one of the men against
him.
Defendant
conducted himself in a most unseemly manner, accused the police of misconduct
and card playing.
There were
two recent convictions against the defendant, and he was fined 10s. and 10s.
costs. The Bench refused to allow time for payment, and he was removed to the
cells.
Folkestone Express 15-11-1890
Saturday,
November 8th: Before The Mayor, J. Fitness, E.T. Ward and S. Penfold
Esqs.
Licence
Transfer
The licence
of the Granville Inn was transferred to Mr. H.J. Abbott.
Folkestone Chronicle 6-12-1890
Wednesday,
December 3rd: Before Dr. Bateman, J. Fitness and J. Clarke Esqs.
Henry Bennett
and George Noble, labourers, were charged with stealing a cellar flap from the Granville
Inn, Dover Street, value 13s., on the night of the 2nd of December.
P.C. Dunster
said he was on duty in Dover Street at half past eleven on Tuesday night when
he met the prisoners. They were carrying the cellar flap produced. Witness
asked them what they had got. Bennett said “A piece of the wreck off the
beach”. Noble said “That`s right, mate”. Witness examined the wood, and found
it to be a cellar flap, and charged them with stealing it. Bennett said “For
God`s sake, don`t do that. If you`ll only give us a chance we will take it back
from where we got it”. Witness asked him where that was. Bennett said “From the
Granville Inn, Dover Street”. They both said they took it for a lark. Noble was
sober. The other appeared to have been drinking.
Edward John
Abbott, landlord of the Granville Inn, said the cellar flap was his property.
It covered the entrance to his cellar. He last saw it in it`s proper place
about nine o`clock on the previous night. They came to the house after closing
time for half a gallon of beer in a bottle, and he refused to serve it. Witness
was called up by a policeman at half past twelve, when they found the flap was
gone.
Prisoners
said they did not take it with the intention of committing a theft. It was done
as a joke.
The Chairman
said the Bench believed the prisoners` story, and they would be discharged with
a caution.
Note:
More Bastions lists landlord as Henry Abbott.
Folkestone Express 13-12-1890
Wednesday,
December 10th: Before The Mayor, Col. De Crespigny, Surgeon General
Gilbourne, Alderman Banks and W.G. Herbert Esq.
Transfer
The licence
of the Granville Inn was transferred to Henry John Abbott
Folkestone Chronicle
26-9-1891
Adjourned Licensing Sessions
Wednesday, September 23rd: Before J. Clarke Esq.,
Major Poole, J. Holden, W. Wightwick, F. Boykett and J. Pledge Esqs.
The application of Mr. Carlo Maestrani for a licence for his
premises in Sandgate Road again came on for hearing.
Mr. Martin Mowll appeared on behalf of the applicant, whilst
Mr. Minter opposed for the Folkestone and District Licensed Victuallers`
Association, Mr. Rooke for the Temperance Association, and Mr. Hall for the
four Societies of Good Templars.
Mr. Mowll said the application had been made several times
before and the chief obstacle which presented itself was that it would increase
the number of licensed houses in the borough. There was a very proper feeling
throughout the country that the number of licences should be reduced. He
understood that the object of the Temperance Party was to prevent drinking for
the sake of drinking, so as to limit it to legitimate drinking at meal times.
Mr. Maestrani`s premises were just the premises he should have thought the Temperance
Party would have supported, because it would help, in a small way, the cause of
Temperance. He, however, came before the Bench that day on a different footing.
Mr. Maestrani had secured the licence of the Granville Arms, Dover Street,
which was a house which the police would be glad to see closed. It had been a
low class of house, and if the Bench granted the application Mr. Maestrani
would undertake to hand in the licence to the Magistrates at once and the house
would be closed. Therefore the number of licences would not be increased. There
were a very large proportion of the public who would have stimulants with their
meals to assist digestion. Of course, at the present time, Mr. Maestrani had no
power over the quality of the liquor he supplied, and it was a great detriment
to his business.
Carlo Maestrani was called, and stated that he was the owner
of the restaurant at 16, Sandgate Road. His dining saloon could accommodate 200
people. There was also a refreshment room and a ladies` room. The latter would
accommodate about fifty. He had spared no expense to make his premises
complete. Wines were often required at his premises, and he had to send out to
neighbouring places. Between eighty and one hundred people generally dined at
his premises in the middle of the day during the season, and, on an average,
200 daily. He also provided public dinners. It would ruin his business to turn
it into a beer-shop. He simply wanted to supply liquirs to people with their
food.
Mr. Wightwick: Do you intend to close the Granville Arms if
you get the licence?
Mr. Mowll: Yes, sir. I will give an undertaking that the
house shall be closed down before the other licence is handed down.
By Mr. Hall: Nearly all the 200 people would require drink.
Customers had to suffer by waiting. Did not intend to have a public bar, and
did not want people to come in for a pot of beer.
By Mr. Rooke: He had only to send across the road for
liquor. People had to wait about twenty minutes. Not always, but very often.
There were no customers present to say they suffered. He wanted to make his
business complete. He did not keep an account of the amount of drink he
supplied. It was hardly necessary when other people got the profits. (Laughter)
He would not keep a bar. If a man came in for a drink it would be placed on a
table. Ladies often came in for a glass of sherry and a biscuit. He could not
supply them and they walked out.
Mr. Hall contended that the licence was not required and
that there were no special circumstances to induce the Bench to grant it. If it
were granted there would be nothing to prevent a gang of navvies going in there
with pick-axe and shovel for drinks.
Mr. Rooke said the application was for a fully licensed
house, which was not required. No person had been called to say they suffered
any inconvenience, neither was there any evidence to show that he was
handicapped by any other restaurant keeper.
Mr. Minter said the objection on the part of the licensed
victuallers was that it was unfair to grant a new licence in the town. But, now
that Mr. Maestrani had undertaken to extinguish one licence, he was sure they
would not object, and he would, therefore, withdraw his opposition.
The Bench retired to consider their decision, and, after a
long absence returned, the Chairman remarking that the majority of the Bench
were of opinion that the licence was not required. Therefore the application
would be refused.
Folkestone Express 26-9-1891
Wednesday,
September 23rd: Before J. Clark, J. Holden, H.W. Poole, W. Wightwick, F.
Boykett and J. Pledge Esqs.
Adjourned
Licensing Day
Note: During
this sessions, in an application for a licence for the Central Cafe by Mr.
Carlo Maestrani, it was revealed that Mr. Maestrani had secured the licence of
the Granville Inn, Dover Street, and he was prepared to give an undertaking
that the licence of that house should be handed in and the house closed if his
application was successful.
Mr Minter
said that the opposition on behalf of the licensed victuallers was to point out
that unless a licence was extinguished it would be unfair to grant a new
licence. He was not going to say the licence was not required, because they all
knew it was, and it must be a benefit to the town when they came to consider
that the licence of the Granville was to be extinguished. Therefore the
opposition of the licensed victuallers was withdrawn.
The
magistrates then retired, and after a long absence, on their return, Mr. Clark
said “Mr. Maestrani, it is the opinion of the majority of the Magistrates
present that the licence is not required. Therefore the application is
refused”.
Note:
No record of Maestrani having held the licence appears in More Bastions.
Confusingly, in Maestrani`s own evidence to the Bench, it states “He had made
arrangements to acquire the licence of the Granville Inn if his application was
granted”, so perhaps he never DID have the licence.
Folkestone Chronicle 27-8-1892
Wednesday,
August 24th: Before Mr. J. Clark, Alderman Pledge, Councillor
Holden, and Messrs. J. Fitness, J. Boykett, H.W. Poole and W. Wightwick.
Annual
Licensing Session
Extract from
application for licence to Central Restaurant:
Mr. Worsfold
Mowll: This year, should the Magistrates think fit to grant the full licence,
Mr. Maestrani was willing to hand over the licence of the Granville public
house, which had already been granted and applied for that morning.
Mr. Carlo
Maestrani: “was willing to hand to the Bench the licence of the Granville Arms
should the Bench grant his application for a full licence”.
Note:
Again, Maestrani appears to have the licence of the Granville, but there is no
record of this according to More Bastions.
Folkestone Express 27-8-1892
Wednesday,
August 24th: Before J. Clark, Alderman Pledge, W. Wightwick, J.
Fitness, J. Holden, H.W. Poole, and F. Boykett Esqs.
Annual
Licensing Day
Extract from
Maestrani`s application
“In addition
this year Mr. Maestrani was willing to take up and hand over the licence of the
Granville public house, which had been renewed that morning, if their worships
saw fit in their discretion to grant them a full licence......... The Bench
would have to understand that they had had to make terms with the owner of the
licence of the Granville.”
Folkestone Express 17-9-1892
Wednesday,
September 14th: Before The Mayor, Alderman Banks, W. Wightwick, W.G.
Herbert, and J. Brooke Esqs.
The licence
of the Granville Inn was temporarily transferred to Mr. F.G. Stickalls.
Folkestone Chronicle 1-10-1892
Adjourned
Licensing Session
The Adjourned
Licensing Session for the Borough was held at the police Court on Wednesday
morning, on which occasion considerable interest was evinced in the proceedings
by reason of the fact that the renewal of the licenses of several well known
and old established houses in the town was opposed by the Superintendent of
Police, acting under the direction of the Licensing Committee of the Bench.
The
Magistrates present were Mr. J. Clarke, Alderman Pledge, Councillor Holden, and
Messrs. H.W. Poole and J. Wightwick.
Mr. Martyn
Mowll, of Dover, appeared to support the objections of the police, and Mr. J.
Minter and Mr. Hall, severally, appeared on behalf of the claimants.
At the
opening of the Court, the Chairman said, before the business commenced he
wished to make one announcement. It referred to something which had been done
in other towns, and which the Committee thought it best to do in Folkestone. It
was the opinion of the Committe that there were too many licensed houses in
Folkestone, and they therefore suggested that the owners of the houses should
talk the matter over amongst themselves, and agree as to which houses it would
be best to close. If nothing was done before the next Licensing Session, the
Committee would be obliged to suppress some of the licensed houses themselves.
But if the owners would talk the matter over amongst themselves and agree upon
the houses to be closed it would save a great difficulty.
The renewals
of the British Colours, Harbour Street, to J. Gifford (sic), and the Granville,
Dover Street, to Thomas Mitchell, were granted.
Note:
No mention of Mitchell at the Granville in More Bastions. This is probably
Stickells misheard.
Folkestone Express 1-10-1892
Wednesday,
September 28th: Before J. Clark, J. Holden, W. Wightwick, H.W.
Poole, and J. Pledge Esqs.
This was the
adjourned licensing day, and Mr. J. Clark said: Before the business commences I
want to make an announcement. It has been done in other places, and we consider
the same should be done here. It is the unanimous opinion of the licensing
committee that there are far too many licensed houses in Folkestone, and they
would suggest to the owners of houses that they should talk it over amongst
themselves and agree as to which houses it would be best to drop. If nothing is
done between now and next licensing day, the magistrates will be obliged to
suppress some of the houses in the town. So if the owners would talk it over
among themselves which houses it would be best to drop, it would save us great
difficulty.
The Granville
The licence
of this house was renewed to Mr. Stickells.
Folkestone Chronicle 16-9-1893
Local News
Not many
hours had elapsed since the Town Hall was occupied by a gay and brilliant
company who were enjoying the pleasures of the terpsichorean art, when a
gathering of a very different nature took place within it`s walls at eleven
o`clock on Wednesday morning. In the short space which had elapsed the Hall had
been denuded of all it`s tasty decorations and luxurious appointments, and had
put on it`s everyday appearance for the transaction of the business of the
Special Licensing Session, which had been appointed for the purpose of dealing
with the licenses to which notice of opposition had been given by the police.
At the end of
the Hall, backed by high red baize screens, raised seats had been arranged for
the accommodation of the Licensing Justices. Here at eleven o`clock the chair
was taken by Mr. J. Clark, ho was accompanied on the Bench by Alderman Pledge,
Messrs. Holden, Hoad, Fitness, Davey, Poole, and Herbert.
Immediately
in front of the Bench were tables for the accommodation of Counsel and other
members of the legal profession, while in close proximity were seats for
Borough Magistrates who were not members of the Licensing Committee, and for
the brewers and agents interested in the cases that were to occupy the
attention of the Bench. The body of the Hall was well filled with members of
the trade and the general public, whilst there was quite an array of members of
the police force who were present to give evidence.
Objection to
a Temperance Magistrate
Mr. Glyn,
barrister, who, with Mr. Bodkin, appeared in support of the opposed licenses,
made an objection at the outset against Mr. Holden occupying a seat on the
Bench. Mr. M. Bradley (solicitor, Dover), who appeared on behalf of the
Temperance Societies, rose to address the Bench on the point, but an objection
was taken on the ground that he had no locus standi. The Magistrates retired to
consider this matter, and on their return to the court they were not
accompanied by Mr. Holden, whose place on the Committee was taken by Mr,
Pursey.
Mr. Glyn`s
Opening
Mr. Glyn said
he had consulted with the Superintendent of Police, and had agreed to take
first the case of the Queen`s Head. He accordingly had to apply for the renewal
of the licence. The Queen`s Head was probably known by all the gentlemen on the
Bench as an excellent house. The licence had been held for a considerable
number of years, and the present tenant had had it since 1889. It was a
valuable property, worth some £1,500, and the tenant had paid no less than £305
valuation on entering the house. He need hardly tell the Bench that the licence
was granted a great many years ago by their predecessors, and it had been
renewed from time to time until the present. The Superintendent of Police was
now objecting on the ground that it was not required, and that it was kept
disorderly. With regard to the objection of the Superintendent to all these
licenses, he (Mr. Glyn) thought he would admit when he went into the box that
it was not an objection he was making on his own grounds, but an objection made
in pursuance of instructions received from some of the members of the Licensing
Committee. Of course a very nice question might arise as to whether under the
circumstances the requirements of the section had been complied with, and as to
the Superintendent acting, if he might say so, as agent for some of the justices
had no locus standi at all to oppose these licenses. The Superintendent of
Police, in his report, states that he raised these objections “in pursuance of
instructions received from the Magistrates”. Therefore, those gentlemen who
gave those instructions were really in this position: That having themselves
directed an enquiry they proposed to sit and adjudicate upon it. He knew there
was not a single member of that Bench who would desire to adjudicate upon any
case which he had pre-judged by directing that the case should be brought
before him for that particular purpose, and he only drew their attention to the
matter. He did not suppose it would be the least bit necessary to enquire into
it, because he felt perfectly sure, on the grounds he was going to put before
the Bench, that they would not refuse to renew any one of these licenses. But
he thought it right to put these facts before them, in order, when they
retired, that they might consider exactly what their position was.
There was
another thing, and it applied to all these applications. There was not a single
ratepayer in the whole of this borough who had been found to oppose the renewal
of any of the licenses. The first ground of objection was that the licenses
were not required. He repeated that no ratepayer could be found who was
prepared to come before the Bench and raise such a point. No notice had been
given by anybody except by the Superintendent, who had given it acting upon the
instructions of the Bench.
He understood
that even the Watch Committee, which body one generally thought would be
expected to get the ball rolling, had declined to have anything to do with the
matter, and had declined to sanction any legal advice for the purpose of
depriving his clients of what was undoubtedly their property. He ventured to
say, with some little experience of these matters, that there never was a case
where licenses were taken away on the ground that they were not required,
simply because some of the learned Magistrates thought the matter ought to be brought
before them, without any single member of the public raising any objection to
any of the licenses, and the Watch Committee not only keeping perfectly quiet,
but declining to enter into the contest.
He was
dealing with the case of the Queen`s Head, but his remarks would also apply to
the others, with the exception of the cases of three beer-houses, the licenses
of which were granted before the passing of the 1869 Act, and his client was,
therefore, absolutely entitled to a renewal. With regard to the other licenses,
they were granted a great many years ago. Although at that time the population
of the Borough was about half of what it is now the Magistrates thought they
were required then. They had been renewed from time to time since then, and
were the Magistrates really to say that licenses which were required for a
population of 12,000 were not necessary for a population of 25,000? He ventured
to say, if such an argument were raised by the other side, that it was an
absurdity. He should ask the Bench to consider first, and if they formed an
opinion on it it would save time, whether having regard to the fact that all
the licenses were granted a great many years ago when the population was
nothing what like it is now, and also that there had not been a single
conviction since the renewals last year. They were prepared to refuse the
renewal of any of the licenses. He asked them to decide upon that point,
because it decided the whole thing.
Some of the
objections were only raised on the ground that the licenses were not required;
others referred to the fact that there had been previous convictions, or that
the houses had been kept in a disorderly manner. With regard to any conviction
before the date of the last renewal he contended that the Bench had, by making
the renewal, condoned any previous offence. In not one single instance had
there been a conviction during the past year in respect of one of the houses
for which he asked for a renewal, and he ventured to put to the Bench what he
understood to be an elementary principle of British justice, that they would
not deprive the owner of his property simply because it was suggested that the
house had not been properly conducted, and where that owner had never had an
opportunity of appearing before the Bench in answer to any charge which had
been brought against his tenant. He challenged anybody to show that there was a
single case in any Bench where a license had been taken away after renewal
without there being a criminal charge made against that house, but only a
general charge to the Licensing Committee.
Mr. Bodkin,
who followed, reminded the Bench of their legal position with regard to the
renewal of licenses, and quoted the judgement of Lord Halsbury in the case of
Sharpe v Wakefield, in which he said in cases where a licence had already been
granted, unless some change during the year was proved, they started with the
fact that such topics as the requirements of the neighbourhood had already been
considered, and one would not expect that those topics would be likely to be
re-opened. Continuing, Mr. Bodkin said that was exactly the position they were
in that morning. There had been no change with respect to these houses except
that Folkestone had increased in population, and there had been an absence of any
legal proceedings against any of the persons keeping these houses. He ventured
to say it would be inopportune at the present time to take away licenses where
they found the change had been in favour of renewing them.
Mr. Minter
said he appeared for the tenants of the houses, and he endorsed everything that
had fallen from his two learned friends, who had been addressing them on behalf
of the owners. Mr. Glyn referred to the population having increased twofold
since the licenses were granted, and he (Mr. Minter) would point out that while
the population had increased no new licenses had been granted for the past
twelve years. Mr. Minter then referred to the fact that there was not a single
record on the licenses of any one of the tenants. Was there any argument he
could use stronger than that? As to the objection that the houses were not
required for the public accommodation, he was prepared to show, by distinct
evidence, that each tenant had been doing a thriving business for the last four
or five years, and that it did not decrease. How was it possible, in the face
of that, to say they were not required for the public accommodation?
Mr. Bradley
then claimed the right to address the Bench on behalf of the Temperance
Societies, but an objection was raised by his legal opponents that he had no
locus standi, as he had given no notice of his intention to appear, and this
contention was upheld by the Bench.
The Bench
then retired for a consultation with their Clerk on the points raised in the
opening, and on their return to the Court the Chairman said the Magistrates had
decided where there were allegations of disorderly conduct the cases must be
limited to during the year, and no cases prior to the licensing meeting last
year would be gone into. They thought it was right that the Superintendent
should state the cases that they might be gone into, and that the Bench might
know what the objections were.
The Granville
Arms
Mr. Glyn said
this was a fully-licensed house in Dover Street, and belonged to Messrs. Moxon.
There were
two licensed houses within 100 paces of it.
Mr. Taylor,
in answer to Mr. Glyn, said he objected to two of the houses in Dover Street.
Mr. Moxon
said the house was valued at £800. It had been kept in good repair on the faith
of having the licence renewed. The present tenant was a very good one.
The witness
was questioned by Mr. Taylor as to previous tenants being convicted of breaches
of the Licensing Laws and Mr. Moxon replied that when the police made an
objection to a tenant they gave him notice to leave.
Francis
Mempes, coffee house keeper, Dover Street, Frederick Edwards, commission agent,
and Robert Downey, plumber, Dover Street, gave evidence in support of the
renewal.
Downey said
he had no objection to the house.
Mr. Taylor: I
suppose you would not object to it being closed?
Downey: How
would you like to walk further for your drinks up to your neck in snow?
Mr. Glyn: You
must not question the Superintendent as to his drinks; it is very irregular.
(Laughter)
A Doctrine Of
Confiscation
This
concluded the list of objections, and Mr. Glyn addressed the Bench, saying the
result of the proceedings was that with regard to all the houses, except the
Tramway, there was no serious charge of any kind. As to the Tramway, he
challenged anybody to show that any Bench of Justices had ever refused to grant
licenses unless the landlords had had notices, or unless there had been a
summons and a conviction against the tenant since the last renewal. With regard
to the other houses the only question was whether they were wanted or not.
Superintendent Taylor, who, he must say, had conducted the cases most fairly
and most ably, had picked out certain houses, and he asked the Bench to deprive
the owners of their property and the tenants of their interest in respect of
those houses, while the other houses were to remain. How on earth were the
Bench to draw the line? There were seven houses in one street, and the
Superintendent objected to four, leaving the other three. In respect to one of
these there had been a conviction, and in respect of the others none. Why was
the owner of one particular house to keep his property, and the others to be
deprived of theirs? Mr. Glyn enforced some of his previous arguments, and said
if the Bench deprived his clients of their property on the grounds that had
been put forward they would be adopting a doctrine of confiscation, and setting
an example to other Benches in the county to do the same.
The Decision
The Bench
adjourned for an hour, and on their return to the Court the Chairman announced
that the Magistrates had come to the decision that all the licenses would be
granted with the exception of that of the Tramway Tavern.
Mr. Glyn
thanked the Bench for the careful attention they had given to the cases, and
asked whether, in the event of the owners of the Tramway Tavern wishing to
appeal, the Magistrates` Clerk would accept service.
Mr. Bradley:
Yes.
Folkestone Express 16-9-1893
Adjourned
Licensing Session
The special
sitting for the hearing of those applications for renewals to which the
Superintendent of Police had give notice of opposition was held on Wednesday.
The Magistrates present were Messrs. J. Clark, J. Hoad, W.H. Poole, W.G.
Herbert, J. Fitness, J.R. Davy, J. Holden, C.J. Pursey and J. Pledge.
Mr. Lewis Glyn
and Mr. Bodkin supported the applications on behalf of the owners, instructed
by Messrs. Mowll and Mowll, with whom were Mr. Minter, Mr. F. Hall, and Mr.
Mercer (Canterbury), and Mr. Montagu Bradley (Dover) opposed on behalf of the
Good Templars.
Before the
business commenced, Mr. Bradley handed to Mr. Holden a document, which he
carefully perused, and then handed to Mr. J. Clark, the Chairman.
Mr. Glyn, who
appeared for the applicants, speaking in a very low tone, made an application
to the Bench, the effect of which was understood to be that the Justices should
retire to consider the document. The Justices did retire, and on their return
Mr. Holden was not among them.
Mr. Glyn then
rose to address the Bench. He said he would first make formal application for
the renewal of the licence of the Queen`s Head. It was known to all the
gentlemen on the Bench as an excellent house, and the licence had been held for
a considerable number of years. The present tenant had held it since 1887; it`s
value was £1,500, and the present tenant had paid no less than £305 for
valuation for going into the house. The licence was granted a great many years
ago, and had been renewed from time to time. The Superintendent of Police now
opposed on the ground that it was no longer required and was kept in a
disorderly manner. First, with regard to the objections of the Superintendent,
he thought he would admit when he came into the box that it was not he who was
making the objections to all those licenses, but that they were made in
consequence of instructions received from some members of the Licensing
Committee. Of course in his view, and in their view, a very serious question
might arise, whether the Licensing Committee had any locus standi. His general
observations in that case would apply to all the cases. The Superintendent, in
raising those objections, was acting under instructions from the Licensing
Magistrates, so that they were really in this position, that they were sitting
to adjudicate in a case they themselves directed. He felt certain the Bench
would not refuse to renew one of those licenses, but he thought it right to put
the facts before them, in order that when they retired they might consider what
their position was. He also pointed out that there was not a single ratepayer
objecting to any of the renewals. The first ground of objection was that the
houses were not required. Before going further he referred to the very
important action of the Watch Committee, who were the parties one would expect
to put the law in action. But they declined to have anything to do with it, and
declined to sanction any legal advice to the Superintendent for the purpose of
depriving his clients of what undoubtedly was their property. He ventured to
think that in all his large experience in these matters that there never was a
case where a licence was taken away simply because it was not required, or
simply because some of the learned Magistrates thought it ought to be done and
instructed the Superintendent to raise objections. There were two or three of
the houses existing before 1869, and therefore his clients were entitled to a
renewal of their licenses, there having been no convictions against them during
the year. With regard to the other licenses, they were granted a great many years
ago, at a time when th population of this borough was about half what it is
now, and the Magistrates then thought they were required. They had been renewed
from time to time by that body, and were they willing to say now that they were
not required, and deprive the owners and tenants of their property and of their
licenses? There was not a single Bench in the county, which, up to the present
time, had deprived any one tenant of his licence and his property, simply
because a suggestion had been made that it was not required. There had been one
case in the county two years ago, but the party appealed to the Court of
Quarter Sessions, and that Court said the licence ought to be granted. It would
be very unfair to his clients, several of whom had spent large sums of money on
their property, to refuse a renewal of their licenses, especially having regard
to the fact that they were granted a great many years ago, and against which
there had not been a single conviction during the year. In order to save time,
he put two questions before the Magistrates:- first, were they prepared to
deprive the owners and tenants of their property, and secondly, the licenses
having all been renewed since any conviction had taken place, were they
prepared to deprive the owners of their property without their having an
opportunity and investigating the charges brought against them. It would save a
great deal of time if the Bench would consider those two points.
Mr Bodkin
followed with a few supplementary remarks. He referred to the case of “Sharpe v
Wakefield”, in which the decision had been given that a licence, whether by way
of renewal or whether it was an annual matter to be considered year by year,
and not renewed as of right. He quoted from the remarks of Lord Halsbury, who
seemed to consider that in dealing with renewals they ought not to deal with
them exactly in the same way as in new applications. He dwelt upon the fact
that last year all the licenses were renewed, and that though no new licenses
had been granted for many years, the borough had increased in population, and
there had been an entire absence of legal proceedings against any of the houses
in the past year.
Mr. Minter,
who appeared, he said, for the tenants, emphasised what had fallen from the
other two legal gentlemen, and said it would be unnecessary for him to make any
lengthy remarks. Mr. Glyn had referred to the population having increased
twofold since those licenses were granted. There was another very important
matter for consideration, and it was this. That although the population had
increased twofold since the whole of those licenses were granted, during the
last twelve years no new licenses had been granted. Mr. Glyn had also referred
to the hardship on the owners if they lost their property, having regard to the
fact that there had been no conviction against the tenants during the year, but
in addition to that he desired to call attention to what was the intention of
the legislature. The legislature had provided that in all cases where owners of
licensed houses were brought before the Bench and charged with any offence
against the licensing laws, the Magistrates had the power, if they deemed the
offence was of sufficient importance, to record that conviction on the licence.
They could do that on a second conviction, and on the third occasion the
legislature said that the licence should be gone altogether. He was happy to
say there was no record on any one of the licenses of the applicants,
notwithstanding that they might have been proceeded against and convicted
before the last annual licensing meeting. That showed they were of such trivial
account that the Magistrates considered, in the exercise of their judgement,
that it was not necessary to record it on the licence. Was there any stronger
argument to be used than that the Magistrates themselves, although they felt
bound to convict in certain cases, did not record the conviction on the
licence? He cordially agreed with the suggestion of Mr. Glyn that the
Magistrates should retire and consider the suggestion he had made, and he
thought they would come to the conclusion that all the licenses should be
renewed. There were cases where the houses could claim renewals as a right, and
in which he should be able to show the licenses existed before 1869. That course
would save a great deal of time.
Mr. Montagu
Bradley claimed to be heard on behalf of the Good Templars.
The Court
held that Mr. Bradley had no locus standi, as he had not given notice to the
applicants that he was going to oppose.
Mr. Bradley
thereupon withdrew.
The
Magistrates again retired, and on their return the Chairman said the
Magistrates had decided that where it was a question of disorderly conduct, it
was to be limited to during the year just ended, and not to go into questions
prior to the annual licensing day of last year. They thought it right that the
cases should be gone into, in order that they might know what the objections
were.
Mr. Glyn
enumerated the houses, and they were then gone into separately in the following
order:
The Granville
Arms
This house
belongs to Messrs. Moxon. The ground of objection was “not wanted”.
Sergeant
Swift said there were two other houses within 100 paces.
Superintendent
Taylor said there were four licensed houses in Dover Street, out of about 130.
He opposed two. There had been seven tenants at the Granville Arms since 1885.
Mr. Moxon
said the house had belonged to them for many years. It`s value was about £800.
It would naturally diminish the value if the licence were taken away.
Stickells, the tenant, was a highly respectable man. The house was in good
repair.
Supt. Taylor:
What did Mackay leave for?
M. Minter:
Because you had a complaint against him.
By
Superintendent Taylor: Leach left for a breach of the Licensing Act. When you
object to them we give them notice to leave.
Superintendent
Taylor said he admitted the house was better conducted than it was.
Francis
Mempes, keeper of a coffee house next door to the Granville, said he raised no
objection to the house. He was a total abstainer.
By Superintendent
Taylor: I should not suffer any inconvenience if the house were closed.
Robert
Downey, plumber, of 58, Dover Street, opposite to the Granville, said he had no
objection to it.
By
Superintendent Taylor: The house is well conducted. It has not always been so.
The Perseverance, the Cutter, and the Oddfellows are within 150 yards of my
house. It would affect me if the Granville were closed, because my customers go
there. It would affect you if you had to go out for beer in a snowstorm.
(Laughter)
Mr. Glyn: You
must not refer to the Superintendent`s drinks. (Laughter)
Frederick
Edwards, a commission agent, said he had lodged in the house for over twelve
months. It was a thoroughly respectable house.
Mr. Glyn then
addressed the Bench on the whole of the cases, and urged that no Bench had ever
refused a licence where there had been no complaint or conviction. He said the
Superintendent had conducted the cases ably and fairly, but he had picked out
several houses and asked the Bench to refuse licenses to them. How, he asked,
could they do so? It would be very nice for the owners of other houses, no
doubt. He emphasised his remarks that no Bench in the county had refused a
licence on the ground that it was not wanted. Nothing had occurred in the neighbourhood
to alter the position of things, yet Folkestone was asked, as it were, to set
an example to other boroughs in the county, and to confiscate his clients`
licenses, when there was no ground whatever for that confiscation. It was not a
small matter. It was not a question of £15. The lowest value was put at £800.
The ground of objection was merely that the licenses were not wanted, although
they had been in existence many years, and the owners had spent large sums of
money on the houses on the faith of the licenses which the justices`
predecessors had granted, and which they themselves had renewed. The population
had largely increased, and the Magistrates had refused to grant fresh licenses
because they thought there were sufficient. He ventured to submit that they
would not do what other Benches had refused to do, and deprive his clients of
their property. They looked to the Magistrates to protect their property and
their interests. If there had been any strong views in operation against the
licenses among the public, it would be different. But they had not expressed
any such views. There was the Watch Committee, the proper authority to raise
those points, who had declined to support the objection, which came from a
member of their body, who was not present, and who had not taken part in the
proceedings. He asked them, without any fear of the result, to say that under
all the circumstances they were not going to deprive his clients of their
licenses.
There was
some applause when Mr. Glyn finished his speech.
The Justices
then adjourned for an hour to consider all the cases.
On their
return Mr. J. Clark, the Chairman, said: The Magistrates have had this question
under consideration, and they have come to the decision that all the licenses
be granted, with the exception of the Tramway Tavern. (Applause)
Mr. Glyn said
he need hardly say they were much obliged to the Chairman and his brother
Magistrates for the care they had given the matter. With regard to the Tramway
Tavern, he asked if they would allow him, in the event of the owners deciding
to appeal, which it was probable they would do, to serve the notice on their
Clerk.
Mr. Bradley
said there was no objection to that.
Mr. Glyn said
his friends felt they ought to acknowledge the very fair manner in which
Superintendent Taylor had conducted those proceedings.
The business
then terminated.
Folkestone
Herald 16-9-1893
Editorial
The large audience who crowded into the Licensing
Justices` Court at the Town Hall on Wednesday last were evidently
representative of the interests of the liquor trade in this Borough. Every
stage of the proceeding was watched with the closest attention, and it was
impossible not to recognise the prevalent feeling that a mistake had been
committed in objecting wholesale to the renewal of licenses. Thirteen houses in
all were objected to, but as two of them, through a technical point of law,
were entitled to a renewal, there remained eleven as to which the Justices were
asked to exercise their discretionary powers. In the event, after a long
hearing, and a weighty exposition of law and equity, the decision of the
tribunal resulted in the granting of ten of these eleven licenses and the
provisional extinction of one, as to which, no doubt, there will be an appeal.
As this journal is not an organ of the trade, and as, on the other hand, it is
not inspired by the prohibitionists, we are in a position to review the
proceedings from an unprejudiced and dispassionate standpoint. At the outset,
therefore, we must express our disapproval of the manner in which the cases of
those thirteen houses have been brought up for judicial consideration. It was
rather unfortunate that a Magistrate who is so pronounced a Temperance advocate
as Mr. Holden should have taken a prominent part in having those houses
objected to. We say nothing of his official rights; we only deprecate the
manner in which he has exercised his discretion. We think it likely to do more
harm than good to the Temperance cause, inasmuch as it savours of partiality if
not persecution. We also think that Mr. Holden would have done well not to have
taken his seat on the Licensing Bench. It would be impossible to persuade any
licence holder that the trade could find an unbiased judge in the person of a
teetotal Magistrate. Conversely, it would be impossible to persuade a
Temperance advocate that a brewer or a wine merchant could be capable of
passing an unbiased judgement upon any question involving the interests of
those engaged in the liquor traffic. The presence of Mr. Holden on the Bench
was not allowed to pass without protest. Counsel for the owners handed in a
written document, the Justices retired to consider it in private, and as the
result of that consultation Mr. Holden did not resume the seat he had
originally taken. The legal and other arguments urged by the learned Counsel
for the owners and the tenants are fully set out in our report. We attach
special importance to one contention, which was urged with a degree of
earnestness that made a deep impression in Court, and will make a deeper
impression outside. All these houses, be it remembered, had had a renewal of
licence at the annual licensing meeting held last year. At that date the
discretionary power of the Court had been as firmly established in law as it is
at the present moment. At that date whatever laxity had taken place during the
previous year in respect of the conduct of any one of those thirteen houses had
been condoned by the renewal of the licence. At that date the congestion of
public houses in particular parts of the town was as notorious as it is now,
and nothing had happened in the interval to change in any material degree the
general circumstances which prevailed in 1892 when the licences were renewed.
In no single case out of the thirteen has there been a conviction recorded on
the licence since the licenses were renewed in 1892, and under these
circumstances it was argued by Counsel that to extinguish any one of these
licences would amount to an act of confiscation. There can be no pretence for
saying, therefore, that the objections raised this year to the renewal of the
licences originated in the laches of the tenants themselves. They had their
origin with either the Bench as a whole or a section of the Bench, and it was
at the instance of the whole body or of a section of the Justices that the
chief officer of police was instructed to report upon the question. So far as
the ordinary course of police supervision was concerned the houses, with one
solitary exception, appeared to have had a clear record, there being no
conviction for any infraction of the Licensing Acts. It therefore savoured of
persecution to arraign the whole of these thirteen houses and to press against
them the argument that they are not required by the population, although last
year the Justices, by renewal of the licenses, had decided that they were.
Under these circumstances it was rather unfair to throw upon the Superintendent
of Police the onerous and invidious duty of making the best case he could in
support of the objections. It is only right to say that the fair and
straightforward manner in which that officer discharged the duty elicited the
commendation of everybody in Court – Bench, advocates, and general audience.
Ultimately the Justices renewed all the licenses, with the exception of that of
the Tramway Tavern, and on this case their decision will be reviewed by an
appellate court. The impression which all these cases have created, and will
leave on the public mind, is that the Temperance party have precipitated a raid
upon the liquor shops, and that in doing so they have defeated their own
object. Persecution and confiscation are words abhorrent to Englishmen. The law
fences the publican round with restrictions and penalties in abundance, but in
teh present case the houses had not come overtly within the law. To shut up the
houses would therefore savour of confiscation, although in strict law the
licence is deemed to be terminable from year to year. In the result the victory
lies with the trade, and the ill-advised proceedings against a whole batch of
houses have created a degree of sympathy for the owners and tenants which was
given expression by the suppressed cheers that were heard on Wednesday at the
close of the investigations.
Licensing
It will be remembered that on the 23rd ult.
the Justices adjourned until the 13th inst. the hearing of
objections to the renewal of the following licensed houses – Granville, British
Colours, Folkestone Cutter, Tramway, Royal George, Oddfellows (Radnor Street),
Cinque Ports, Queen`s Head, Wonder, Ship, Harbour, Jubilee, Victoria – thirteen
in all. These cases were taken on Wednesday last at the Town Hall, the large
room having been transformed for the purpose into a courtroom. The Justices
were Messrs. Clarke, Hoad, Pledge, Holden, Fitness, Poole, Herbert, Davy,
Pursey, with the Justices` Clerk (Mr. Bradley, solicitor).
Mr. Glyn, and with him Mr. Bodkin, instructed by
Messrs. Mowll and Mowll, of Dover, appeared on gehalf of the owners of the
property affected; Mr. Minter, solicitor, appeared for the tenants; Mr.
Montague Bradley, solicitor, Dover, appeared on behalf of the Folkestone Good
Templars, Sons of Temperance, Rechabites, and the St. John`s Branch of the
Church Temperance Society. Mr. Superintendent Taylor, Chief Constable of the
borough, conducted the case for the police authorities without any legal
assistance.
Mr. Glyn, at the outset, said: I appear with my learned
friend, Mr. Bodkin, in support of all these licences except in the case of the
Royal George, for the owner of which my friend Mr. Minter appears. Before you
commence the proceedings I should like you to consider an objection which I
have here in writing, and which I do not desire to read. I would ask if you
would retire to consider it before proceeding with the business.
Mr. Montague Bradley: I appear on behalf of some
Temperance societies in Folkestone.
Mr. Glyn: I submit, sir, that this gentleman has no
locus standi.
The Justices now retired to a private room, and after
about ten minutes in consultation all the Justices except Mr. Holden returned
into Court. It was understood that the objection had reference to the
appearance of Mr. Holden as an adjudicating Magistrate, that gentleman being a
strong Temperance advocate.
Mr. Glyn then proceeded to say: Now, sir, it might be
convenient if you take the Queen`s Head first, and I have formally to apply for
the renewal of the licence of the Queen`s Head. That is a house which is well
known by everybody, and by all you gentlemen whom I have the honour of
addressing, as a most excellent house. The licence has been held for a very
considerable number of years, and the present tenant has had it since 1889. It
is worth £1,500, and the present tenant paid no less than £305 valuation when
he entered that house. I need hardly tell you that the licence was granted a
great many years ago by your predecessors and it has been renewed from time to
time until now, when the Superintendent of Police has objected on the grounds
that the house is not required and that it is kept in a disorderly manner. As
to the objection made by the Superintendent, for whom I in common with all
others have the highest possible respect, I think he will admit that the objection
in not made of his own motion but that it is made in pursuance of instructions
received from some members of the Licensing Committee. Of course the point has
occurred to my learned friend and myself, and it is a very nice one, whether
under those circumstances the requirements of the Section had been complied
with, and as to whether, the Superintendent having really been acting as
agent for the Justices, he had any locus
standi at all to oppose these licences. I must leave that to your body, guided
as you will be by your most able Clerk. He knows the Section better than I do.
He knows under what circumstances and objection can be raised, and that it must
be done in open Court and not introduced in the way these objections have been
raised. These observations apply to the whole of these renewals, and you will
find in this case, sir, indeed in all these cases, that the Superintendent of
Police in raising these objections has been raising them, as he says in his
report, in pursuance of instructions he received from the Magistrates;
therefore those gentlemen who formed that body and who give the Superintendent
these instructions are really in this position, if I may so put it to them with
humility, of people complaining, by having themselves directed an inquiry, upon
which inquiry they propose to sit, and, as I understand, to adjudicate. Now,
sir, I know from some long occasional experiences of this Bench that there is
not a single member of this Bench who desires to adjudicate upon any case which
he had prejudged by directing that the case should be brought before him for a
particular purpose, and I only draw your attention to these matters because I
am perfectly certain that on the grounds I am going to place before you this
Bench will not refuse to renew any of these licences. I think it right, after
very careful attention, to put those facts before you in order that when you
retire you will consider exactly what your position is. There is another thing
I ought to say which applies to all these applications. There is not a single
person, not a single ratepayer, in all this borough – and I don`t know exactly
what the numbers are, but they are very considerable – but there is not a
single ratepayer who has been found to object to the renewal of any of these
licences. Anyone would have a right to do it if he chose, and I feel certain
that the Justices will think that where none of the outside public care to
object, this Bench will not deprive the owners and tenants of their property
simply because they themselves think that the matter ought to be brought before
them, as I understand has happened in this case, for adjudication. Now, let us
see the first ground of objection in respect of all these licences. The first
ground in respect of each of these licences is that the licence is not needed,
and I desire to make a few observations on that. I repeat that no ratepayer can
be found here who is prepared to come before the Bench and raise this point. No
notice has been given by anybody except by my friend the Superintendent, who
has told us in his report that he has been acting upon the instructions of the
Bench. But, sir, there is another and very important matter. I understand that
in the Watch Committee, which one generally thought would be expected to get
the ball rolling, if it is to be rolled at all – if, as my friend suggests,
there is any public opinion upon it that these licences are not required – the
Watch Committee has actually been approached in this case, that is to say, by
some gentlemen connected with the Corporation. I don`t know whether it is any
of the gentlemen I have the honour of addressing, but they have declined to
have anything to do with it or to sanction any such device for the purpose of
depriving my clients of what is undoubtedly their property. Therefore I venture
to think, speaking with some little experience, that there never was a case in
which licences were taken away simply because some of the learned Magistrates
thought that the matter ought to be brought before them, and instructed the
Superintendent to do so. Now, sir, I am dealing with the Queen`s Head, but
among the licences are some beerhouses that existed before the passing of the
Act of 1869, and the owner is therefore entitled to renewal, for although
notice of objection has been given on the ground of disorderly conduct there
has been a renewal, and that renewal has condoned any misconduct there might
have been. Therefore these houses are absolutely entitled to renewal. Now, sir,
with regard to these licences that were granted a great many years ago. Of
course at that time, when the population of the borough was about half of what
it is now, the Magistrates then thought they were required. Those licences have
been renewed from time to time by your body, and are you really to say now that
although these, or some of these, licences were granted when the number of
inhabitants was 12,000, whereas it is now 25,000 – these licences were not
required or are not necessary for more than double the original population? I
venture to say that such an argument reduces the thing to absurdity. Of course
I know, with regard to these houses, that in this case the Magistrates are
clothed with authority, if they choose to deprive the owners and tenants of
their property, if they think the licences are not required. But you will allow
me to point this out to the Bench, that there is not a single Bench in this
County – I am glad to be able to say – who yet have deprived an owner or tenant
of his property simply because a suggestion has been thrown out. That is at any
rate the case as far as Kent is concerned. It was done at one Bench in this
County, but when it came on appeal at the Quarter Sessions they upset the
decision of the Magistrates who had refused the renewal of the licence on that
ground. This is the only instance I know, and I am sure that I am right, where
a Bench in this County had been found to deprive an owner of his property which
you are asked to do in this way, and a tenant of his livelihood. I venture to
express my views, and I am sure that all the Bench will coincide with me, that
it would be very unfair in such cases, when owners – whether brewers or private
individuals – have paid large sums of money in respect of licensed houses, when
those licences have been renewed from year to year, when the tenants have paid
large sums in respect of valuation, and some of them have been tenants for many
years and have gained a respectable livelihood in this business – it would be
very unfair to deprive the owners and tenants of their property without giving
them compensation of any kind for being turned adrift. That brings me again to
a consideration I must bring before you, that these licences were granted at a
time when the population of the borough was about half what it is now; but now
you are asked to say that the licences are not required when the population has
become twice as much as it was when the licences were originally granted.
Perhaps my friend Mr. Minter will coincide with me that if you should consider
this point in the first place and form an opinion on it, it would save a great
deal of time. It is now a question as to whether you are, under those
circumstances, prepared to refuse the renewal of any of these licences, having
regard to the fact that there has not been a single conviction since the last
renewal. Having regard to the fact that these licences were granted so long ago
and have been renewed from time to time, having regard to the fact that there
has been no conviction in the case of any one of them during the present year,
and that if any offence had been committed prior to the last renewal it was
condoned by that renewal – are you going to deprive the owners and tenants of
their property? Now, I only desire to say another word. Some of these
objections are made on the ground that the licences are not required; others
refer to the fact that here have been previous convictions or that the houses
have not been kept in an orderly way. Of course we shall hear what the
Superintendent says, and we know that he would be perfectly fair to all sides,
but I want to make a general observation about it, and it is this; whether or
not these houses have been disorderly. As to that I think you would say that
inasmuch as in any case where there has been a previous conviction and you had renewed
the licence, that renewal condoned any previous offence. It clearly is so, and
if there had been any offence committed since the renewal we should have to
consider what was the class of offence which had been committed. But that does
not apply in this case. In no single instance has there been a conviction in
respect to any of the houses which Mr. Minter and myself ask for the renewal of
the licence, and I am going to put to you what I understand to be an elementary
proposition of law, that you would not deprive an owner of his property because
it is suggested that a house has not been properly conducted where that owner
has never had an opportunity of appearing before the Bench or instructing some
counsel or solicitor to appear before the Bench in answer to any charge under
the Act of Parliament which had been brought against his tenant. If there had
been any charge in respect of any of these houses since your last renewal, the
tenant would have been brought here, he would be entitled to be heard by counsel,
and the question would be thrashed out before the Bench. That has not been done
in any single case since you last renewed the licences of these houses, and I
am perfectly certain that no Bench in this County, and no gentleman in
Folkestone, would deprive an owner of his property simply because it has been
suggested that since the last renewal a house has not been properly conducted,
although no charge has been made against the tenant, so that he might have a
right to put the the authorities to the proof of the charge. I am not aware of
such a case, and I challenge anybody to show that there has been any single
case before any Bench where a licence has been taken away after renewal
following a conviction when there has been no criminal charge against that
house, but only a general charge after the renewal. I submit that you are not
going to deprive the owners of their property when there has been no charge of
any kind investigated in this or any other court against the holders of those
licences, and if you would retire and consider this point and give an answer
upon it, it would save us a deal of time.
Mr. Bodkin followed on the same side dealing with the
legal questions involved in the application.
Mr. Minter then addressed the Court as follows: I appear
for the tenants of these houses. The learned Counsel have been addressing you
on behalf of the owners, and though I cordially agree with everything that has
been said by them, it will be necessary for me to make a few observations. Mr.
Glyn referred to the population having increased twofold since these licences
were granted, but there is another very important consideration, and that is
this – that although the population has increased twofold since the whole of
these licences were granted, within the last twelve years, I think I am right
in saying that no new licence has been granted. Not only were the licences now
under consideration granted when the population was half what it is now, but
there has been no increase in the number of licences since that period I have
named. The second point is with respect to the hardship which would fall upon
owners if a licence were refused on the ground of convictions against the
tenant. The learned Counsel has urged that it would be unjust to take into
consideration a conviction that took place prior to the last annual licensing
meeting, and you will feel the force of that argument. What is the intention of
the Legislature? The Legislature has provided that in all cases where the
tenants of licensed houses are convicted of a breach of the Licensing Laws the
Magistrates have power to record that conviction on the licence, and on a third
such conviction the Legislature says that the licence shall be forfeited
altogether. Appearing on behalf of the tenants, I am happy to say that there is
no such record on the licence of any one of the applicants, and notwithstanding
that a conviction may have taken place prior to the last annual licensing
meeting, the conviction was of such a trivial character that the Magistrates
did not consider it necessary to record it on the licence. Is there any
argument to be used that is stronger than that observation? You yourselves have
decided that although you were bound to convict in a certain case, it was not
of a character that required the endorsement of the licence, and after that
conviction you renewed the licence, and again on a subsequent occasion. One
other observation occurs to me, with regard to suggestions that have been put
before you by Mr. Glyn and Mr. Bodkin, and I entirely concur in what has been
said upon it. It is very pleasing to be before you, but I think it will be
pleasing to us and you will be as pleased yourselves if time can be saved, and
if you will only retire and take into consideration the points which Mr. Glyn
has suggested to you, I think you will come to the conclusion that the
applications should be granted, but I am excepting the one or two cases in
which I appear and in which I can claim as a right to have the licence renewed
as they existed before 1869, and therefore these special cases do not arise on
the notice served upon my clients. I am sure you will not take offence if I put
it in that way, but if we have to go through each one of these cases, and I
appear for nine or ten, the tenants are all here and will have to go into the
box and be examined, and their evidence will have to be considered in support
of the application I have to make. Now let me call attention for a moment to
the notice of objection. You may dismiss from your mind the previous conviction;
the suggestion is that the houses are not required for public accommodation. I
am prepared in each case with evidence to show that the public accommodation
does require it, and the test is the business that a house does. I am prepared
to show by indisputable evidence that the tenants has been doing a thriving
business for the last four or five years, that it has not decreased, and how is
it possible with that evidence before you to say that the licence is not
wanted? You may regret, possibly, that the number of houses is larger than you
like to see, but you would not refuse to entertain the application made today
unless you were satisfied that the houses were not wanted for the public
accommodation. I hope you will take the suggestion of Mr. Glyn and that you
will renew all the licences that are applied for, particularly as there is not
a single complaint against them.
Mr. Montague Bradley: I claim the right to address the
Bench.
Mr. Minter: I object.
Mr. Bodkin: My friend must prove his notice of objection.
Mr. M. Bradley: I should like Mr. Glyn to state the
Section under which he objects to my locus standi.
Mr. Glyn: I should like to know for whom my friend
appears – by whom he is instructed.
Mr. M. Bradley: I appear on behalf of Temperance
Societies of Folkestone – Good Templars and others.
Mr. Glyn: Now, sir, I submit beyond all doubt that the
practice is clear.
Mr. M. Bradley: I think, sir, that the question ought
to be argued. I should like to hear Mr. Glyn state his objection.
Mr. Minter: We have objected on the ground that you
have not given notice of objection.
Mr. Glyn: My friend should show his right – how he
proposes to establish his right.
Mr. M. Bradley referred to Section 42, subsection 2.
Eventually the Chairman said: Mr. Montague Bradley, the
Bench are of opinion that you have no locus standi.
Mr. M. Bradley: Very well, sir.
The Justices now retired to their room.
The Chairman on their return said: The Magistrates have
decided that where there is a case of disorderly conduct it is to be limited to
within the year, and that the Superintendent is not to go into any case
previous to the annual licensing day of last year. We think it right that
Superintendent should state these cases and that they should be gone into in
order that we may know what these objections are.
The cases not eliminated by this decision were then
proceeded with, seriatim, and are noticed below in the order in which they were
called.
The Bench proceeded to the next case, that of the
Granville Arms, which is situated in Dover Street, a fully licensed house,
belonging to Messrs. Ash and Co. The ground of objection was that it was not
required.
Sergeant Swift and Superintendent Taylor gave evidence,
and the latter said that of the four licenced houses in Dover Street he
objected to two, the Welcome and the Granville.
Mr. Moxon, called by Mr. Glyn, said the value of the
Granville Arms to his firm was £800. The present tenant, Stickles, was a very
respectable man. To the Superintendent he admitted that in 1887 a man named
Mackay, the tenant, was convicted of a breach of the licensing laws, and left
because of this. When the police objected they were obliged to get rid of the
tenant.
Superintendent Taylor conceded that the house was
better conducted than it was.
Francis Mempes, a coffee house keeper, whose premises
adjoin the Granville Arms, and Robert Downey, a neighbour, gave evidence of the
respectability of the house. Both admitted it would cause no inconvenience to
them personally if the house was closed, but the latter asked the Superintendent
whether in the snow he would care to go further for a drink than was necessary.
Mr. Glyn: You must not refer to the Superintendent`s
drinks. It is a very particular matter. (Laughter)
Superintendent Taylor: I suppose Mr. Glyn is jealous –
he has been round to all these houses. (Renewed laughter)
Fred. Edwards, a commission agent and lodger also spoke
as to the respectability of the house.
On the conclusion of the cases Mr. Glyn rose and said:
The result of these inquiries is, sir, that in respect to all the houses except
the Tramway Tavern there is no serious charge of any misconduct of any kind. It
is only in the case of the Tramway Tavern that a serious attack has been made,
and I have already addressed you as to the Tramway Tavern. If the brewers had
notice they might have had an opportunity of testing the case, whether the
house has been properly conducted or not, and I challenge anybody to allege
that any Bench of Justices in this County other than the Bench I have alluded
to have ever refused to grant the renewal of a licence unless the landlord had
had notice, or unless there has been a summons or conviction against the
tenant. I take that point, sir. It is a technical point, but I have not the
slightest doubt that it is conclusive against the points raised. Now, with
regard to the other houses, except the beerhouses which have a positive right
of renewal. The only other question is whether the remaining houses are wanted
or not. The Superintendent of Police has conducted his case most fairly and most
ably indeed, and he picks out certain houses and asks the Magistrates to
deprive the owners of their property and the tenants of their livelihood, and
he asks that other houses may remain. How on earth are you to draw the line? There are seven houses in one street, and how
can you deprive four of them of their licence, and grant the renewal of licence
to the other three? I must again put
before you that no Bench of Magistrates in this County have refused to renew a
licence – with the exception of the case which I put before you, and in that
case they were overruled – to any old licensed house on the ground on which you
are asked to refuse, viz., because it is suggested that the house is not
wanted. The County Magistrates, as well as the Magistrates in Boroughs, have
felt this, inasmuch as their predecessors in office have granted licences upon
the faith of which repairs have been done and expenditure has been incurred, it
would be unfair to take that property away unless – as the late Lord Chancellor
pointed out – something fresh had happened to alter the neighbourhood since the
time of the last renewal. It is not suggested here that anything has occurred
with respect to any one of these houses in order to satisfy you that they
should be taken away as not being required, and I venture to submit that this
Bench at any rate would not adopt a policy of confiscation, for I cannot call
it anything else, and, as it were, set an example to other Benches in the
County by confiscating my clients` property in any of these cases, having
regard to the fact that they are old licences, having regard to the fact that
the population has increased twofold, and having regard to the fact that
nothing fresh, in the words of the Lord Chancellor, has arisen to induce you to
deprive the owners of the licences that were renewed last year. I submit that
you, gentlemen, will not be a party to the confiscation of property. It is no
small matter that you have to consider. It is not a question of £10 or £15, for
the lowest in value of the houses before you today is £800, and the licences
have been granted by your predecessors and renewed by you. Your population has
largely increased since those licences were granted, and as my friend (Mr.
Minter) has pointed out, you have refused to grant any new licences, and under
these circumstances I venture to submit that you will not deprive my clients of
their property. My clients look to you to protect their property; they have no
other tribunal. If there had been any strong view in the Borough against these
licences the public would have expressed their views by giving notice of
opposition, but they have not done it, whereas the Watch Committee, the proper
body to raise these objections, have declined to touch it. Where does the
objection come from? It comes from a member of your body, who has not taken
part in these proceedings, but who has suggested that the Superintendent of
Police should give notice in respect of these houses and have these cases
brought before you. I thank you very much for the kind way in which you have
listened to my observations and those of my friends, and without fear of the
result I am confident that you are not going to deprive my clients of their
licences, to which, I submit, the law entitles them. (Suppressed applause in
the body of the court)
It being now 2.50, the Justices adjourned for an hour,
returning into court just before 4 o`clock.
The Chairman then said: The Magistrates have had this
question under consideration, and they have come to the decision that all the
licences be granted, with the exception of the Tramway Tavern. (Suppressed
applause)
Mr. Glyn now applied that, in the event of an appeal,
notice of appeal served on the Justices` Clerk should be accepted by the
Justices.
This was at once acceded to.
Mr. Glyn: My clients all feel, sir, what the
professional men around the table knew before, the fair way in which Mr.
Superintendent Taylor has conducted these proceedings.
Folkestone Visitors` List 20-9-1893
Licensing
That the lot
of the publican, like that of the policeman in the “Pirates of Penzance”, is
not over and above a happy one, must be conceded. There is no business to which
so many pains and penalties are attached, and to embark in which a man must be
prepared to go through so keen an enquiry into his antecedents as well as his
character at the time when he applies for his licence; and in which he has at
last, by the expenditure of much time and money, obtained permission to sell,
during certain periods out of the twenty four hours fixed for him by a
tender-hearted legislature desirous that he should not overwork himself, he is
so heavily handicapped by the restrictions which surround him. In fact, the
proverbial toad under the harrow would seem to lead almost a pleasant existence
in comparison with unfortunate Mr. Boniface. His natural enemy, the
teetotaller, is ever on the alert to worry him, and, if possible, to shut up
his shop for him, totally careless at to the ruin which may accrue to him and
his family.
In pursuance
of some of these tactics some of the members of the Folkestone Licensing
Committee a twelvemonth ago discovered all at once, after a lapse of some
fifteen years, that there are too many houses in the town. How some few weeks
back a prominent member of that Committee, and a steadfast advocate of the
Temperance movement, reverted to that decision, and announced that if the
brewers did not agree among themselves as to what houses should be closed, the
Committee would forthwith proceed to act upon their own judgement, is all a
matter of history. Between the time when this announcement was made and the
licensing day proper, the Superintendent of Police, who does not seem to have
held any pronounced opinions as to the number of houses, drew up, at the
request of the Committee, an elaborate report upon that point, showing that
there were in the town 130 houses; and in consequence of it he was directed to
give notice to the owners and occupiers of thirteen houses that they would be
objected to at the adjourned session.
On Wednesday,
the 13th, the Special Adjourned Session was held. The Magistrates
had wisely provided for the very great interest taken in the question by
holding the enquiry in the Town Hall, a great improvement on the stuffy little
apartment dignified by the name of a police court. As soon as the doors were
opened the body of the hall rapidly filled, the trade, of course, being present
in strong force, neighbouring towns also being represented. The teetotallers
also mustered pretty strongly, but it may here be stated that Mr. Montagu
Bradley, of Dover, who appeared for them, was objected to, and the Bench ruled
that he had no locus standi; or in other words the Magistrates could decide the
questions that would be submitted to them without the interference of any
outside body. So Mr. Bradley politely took his leave shortly after the
commencement of the proceedings. A somewhat singular feature in connection with
them was the large force of police in attendance in the Hall; probably the
authorities anticipated some exhibition of feeling, but none such took place,
except early in the morning a working man shouted out “How can you expect
justice from that lot? They gave me eighteen months for nothing”. He was
speedily ejected, and the business for the remainder of the day was conducted
in the most orderly manner. The Magistrates on the Bench were Messrs. Hoad,
Pledge, Pursey, Herbert, Davey, Clarke, Fitness, and Poole. Mr. Holden also
took his seat, but in deference to a written protest handed in by counsel for
the owners he retired. Mr. Glyn and Mr. Bodkin appeared for the owners,
instructed by Mr. Mowll, of Dover, Mr. F. Hall, Folkestone, and Mr. Mercer,
Canterbury; Mr. Minter, the solicitor for the Folkestone Licensed Victuallers`
Association, for the tenants.
Mr. Glyn
first opened the proceedings in a temperate and exhaustive speech, delivered
quite in the best Nisi Prius style, argumentative and without an attempt at
claptrap or sensational appeal. It was a capital forensic effort, and afforded
unmitigated pleasure to the Licensed Victuallers themselves, whilst we fancy,
from the somewhat lengthened faces of the opponents of the licenses, they must
have felt at it`s conclusion that the ground had been cut from under them.
There was just the faintest attempt at applause when the learned counsel sat
down, but this, the only manifestation of feeling throughout the day, was
speedily suppressed in the call for silence.
The
Superintendent of Police supported his own objections – or rather the
objections of the Committee – in person. Armed with a voluminous brief he made
the best of a weak case, but evidently it was not a labour of love to him.
Mr. Bodkin`s
work was chiefly confined to the examination of witnesses, and those who
attentively followed him could not have failed being struck with the fact that
not an unnecessary question was put to a single witness.
Mr. Glyn
based his arguments upon three general grounds, which he applied to all the
cases collectively. The first was that this opposition did not emanate from the
police. The Superintendent had no grounds for complaint, but was acting under
the direction of certain members of the Bench. How far that was approved of
generally was evidenced by the fact that the Watch Committee refused to grant
him legal assistance in opposing these licenses. The objection urged against
them was that they were not required. Now, up to the present time not a Bench
in the county of Kent had been found to deprive an owner of his property or a
tenant of his livelihood because someone chose to say a house was not
necessary. But what were the facts in the present case? Why, that all these
licenses were granted a dozen years ago, and if they were thought requisite
when the population was only half what it was at present, surely they could not
say they were not required now. Secondly, some of these houses had been
objected to as not having been properly conducted. To meet that assertion the
learned counsel adduced the fact that during the last twelvemonth not a single
conviction had been recorded against any one of the tenants. Any previous
conviction had been condoned by the renewal of the licence. That was common
sense. The Bench admitted that it was so by subsequently deciding not to
enquire into any laches that might have taken place previous to the last
licensing meeting in 1892.
Mr. Bodkin
followed briefly in the same vein, and Mr. Minter, on behalf of the occupiers,
addressed himself to the requirements of the town, arguing, as we have
ourselves pointed out in the List, that the very fact of their being supported
by the public was a prima facie argument in favour of the existence of these
houses.
The
Magistrates, at the conclusion of the learned gentlemen`s arguments, retired,
and after an absence of about a quarter of an hour, on their return announced
they would hear any complaints there were against any house since the last licensing
meeting. This involved the calling of a large number of witnesses – owners,
tenants, civil and military police, the examination of whom lasted well into
the afternoon.
The Victoria,
the Oddfellows, the Welcome, British Colours, and Granville were all objected
to on the ground that they were not wanted; and the Tramway for the additional
reason that disorderly conduct had taken place, this consisting of a civilian
and a soldier coming out and having a fight; the disturbance, however, was not
sufficient to warrant proceedings.
Mr. Glyn
having summed up his case, the Magistrates retired for an hour to consider
their decision, and on their return the Chairman briefly announced that all the
licenses would be renewed with the exception of the Tramway.
Mr. Glyn
intimated that in all probability the owners of the house would appeal against
the decision, and having thanked the Bench for the attention they had given the
cases, and Superintendent Taylor for the fair manner in which he had conducted
the opposition, the proceedings came to an end.
Folkestone
Chronicle 13-1-1894
Inquest
On Tuesday morning the body of a man, which has since
transpired to be that of a journeyman carpenter named George Henry Wyatt,
presumably belonging to Hammersmith, was found hanging in a house which is in
the course of erection at St. John`s Church Road. An inquest on the body was
held at the Town Hall by the Deputy Coroner (Mr. Haines) on Wednesday afternoon,
when the following evidence was given.
Frederick Stickings (sic), of the Granville, identified
the body as that of Wyatt. The deceased was a carpenter by trade and was about
50 years of age. He went to witness`s house for a bedroom about five or six
weeks ago. He stayed about a week in search of employment, and during that time
witness found him to be a very respectable, steady man. The deceased went to
Ashford to get work and came back to witness on Boxing Day. He said he was in
employment and stayed the night at witness`s house. Witness last saw him alive
on Saturday last. He told witness he had family troubles, but he never
complained about his health.
Jesse Godfrey, of 66, St. Michael`s Street, said he was
a bricklayer working for Mr. Farley in the construction of houses in St. John`s
Church Road. He went to the buildings on Tuesday morning after having been away
from them for several days, and he saw the body of the deceased hanging by a
rope from the joists of the first floor. He gave information to the police.
Frank Colin Manktelow, of 4, Claremont Street, a
parcels clerk at the Junction Station, said on the 3rd instant he
took in two baskets of tools from the deceased. He gave him a ticket for them
and on Tuesday he handed over the baskets to the Coroner`s Officer, who
produced the duplicate.
Edwin John Chadwick, Coroner`s Officer, who gave
evidence as to going to the house and cutting down the deceased, said there
were two bundles of laths standing up on end in a corner of the room close to
the man`s feet, and he had apparently got up on these in order to suspend
himself. Among the articles found on the deceased was a membership card of the
Carpenters and Joiners Union, Hammersmith Lodge, a travelling ticket of the
London Building Trade Federation, and a Savings Bank book taken out at Hounslow
in August, 1885. The book showed that the deceased had made recent withdrawals,
and that there was now only a balance of 2s. 3d. The cloakroom ticket for the
two baskets of tools referred to was also found on the body.
Dr. Barrett said death was due to suffocation by
hanging and added that the deceased had been dead at least 24 hours. The body
was frozen and it might have been hanging there for two or three days.
Superintendent Taylor handed in a telegram which he had
received from the Superintendent of Police at Hammersmith stating that George
Henry Wyatt left 11, Rothschild Road, Acton, in November last.
The jury returned a verdict of “Suicide while
temporarily insane”.
Southeastern Gazette
16-1-1894
Inquest
A horrible discovery was made in an empty house in St. John’s Church Road,
Folkestone, by a bricklayer named Jesse Godfrey on Tuesday. The house in
question is approaching completion of erection, and on entering a back room on
the ground floor Godfrey saw the dead body of a man named George Henry Wyatt
suspended by a scaffold rope from a joist of the room above.
At the inquest on Wednesday it was stated that deceased had formerly been
in the employ of an Ashford builder, and on Boxing Day he passed the night at
the Granville Inn, Folkestone, when he stated to the landlord that he had
family troubles. On January 3rd deceased left two baskets of tools in the cloak
room at the Junction Railway Station, and in one of these was discovered a
Savings Bank book taken out at Hounslow in 1885, while on deceased was found a
leather purse containing 1s. 7d. According to the medical evidence deceased was
very badly diseased.
The jury returned a verdict of “Suicide while temporarily insane.”
Folkestone
Chronicle 2-6-1894
Saturday, May 26th: Before The Mayor,
Aldermen Banks and Herbert, Messrs. Brooke and Pursey, and Surgeon General
Gilborne.
Frederick George Stickells, landlord of the Granville,
Dover Street, was summoned by Israel Brown for an assault on the 18th.
Mr. H Watts appeared for the defendant.
According to the evidence of the complainant, he and
his wife lodged at the house of the defendant, and on the morning in question
he was going to his room when the defendant seized him by the arm, wrenched it
round, and punched him in the ribs. He got away upstairs and was followed by
the defendant, who threatened to give him a good hiding and would have done so
but his (witness`s) wife got between them and kept him off. In reply to Mr.
Watts he denied defendant had previously told him to leave the house and that
he had replied, making use of bad language, that he would leave when he liked. Neither
did he challenge defendant to put him out and offer him out to fight. He was
positive defendant followed him upstairs.
A different complexion was, however, put upon this by a
Mrs. Richmond, a charwoman employed by the defendant, who denied that he struck
the complainant or twisted his arm. All he did was to put his hand on his
shoulder and tell him to leave the room. Defendant did not follow him upstairs,
but complainant made use of bad language and challenged him to strike him.
The Bench immediately dismissed the case, and
complainant had to pay 3s. costs.
Folkestone Chronicle
11-12-1897
Wednesday, December 8th: Before The Mayor,
Messrs. J. Fitness, and W.G. Herbert.
Mr. S. Wickenson was granted the transfer of the licence of
the Granville.
Folkestone Express
11-12-1897
Wednesday, December 8th: Before The Mayor, J.
Fitness, and W.G. Herbert Esqs.
The licence of the Granville Inn was transferred to Stephen
Wickenden.
The
following licence was transferred on Wednesday at the sitting of the Folkestone
Justices: Granville Inn to Mr. S.S. Wickenden
Folkestone Herald
11-12-1897
Local News
Folkestone Chronicle
18-12-1897
Inquest
An inquest was held at the Town Hall, Folkestone, on
Thursday, by Mr. J. Minter, Borough Coroner, on the death of Isaac Wade.
Edwin Frank Baker, 14, The Bayle, labourer, identified the
body. He said deceased came from Ramsgate, and was lodging at the Granville
Inn, Dover Street. He was employed as a labourer by Mr. Rigby on the works near
the Warren. On Tuesday evening witness was proceeding to his work with deceased
at about 7 o`clock. They passed through the tunnel, and were near the Abbot`s
Cliff signal box. They were walking on the line on the path by the side of the
up line. There was no other way of getting there so far as he knew. Witness
knew nothing as to the trains. Deceased had never been to work before there,
and witness borrowed a lamp from the watchman to see through the tunnel.
Deceased asked witness how they got through the tunnel, and he replied that
there was plenty of room to get out of the way of trains. Deceased remarked
that if a train came he should lie down. At the end of the tunnel he gave up
his lantern and could see well. He saw a train coming from Dover round a curve.
Witness told deceased an up train was coming, and he said “We lean on the bank,
don`t we?”, and witness replied “Yes”. Witness did so, and thought Wade did the
same. There were steep cuttings at the place. There was six feet between the
bank and the train. They faced the train. After it had passed, witness found
Wade lying on the ballast by the side of the line. Finding he did not answer,
witness struck a match and saw the blood coming from his head. He took his coat
off and laid deceased`s head upon it, and went to the workmen`s cottages and
called a platelayer named Reed. Two men came, and a trolley was fetched, and
deceased was brought to Folkestone Junction.
Dr. James Thornton Gilbert said there was a wound extending
from the right eyebrow over to the back of the head. The whole mass of flesh
was hanging over the side of the head. There were two or more fractures of the
skull. The left hand had been cut off and was hanging in ribbons. The wounds
were dressed, and deceased was conveyed to the Victoria Hospital, but he was
dying as he left the station.
Dr. Alfred Horne, locum tenens for the house surgeon at the
hospital, said deceased died at midnight. He was 27 years of age.
A verdict of Accidental Death was returned.
Folkestone Chronicle
17-9-1898
Saturday, September 10th: Before Messrs. J.
Holden, T.J. Vaughan, G. Spurgen, J. Pledge, and T. Salter.
Stephen Wiginton (sic) was charged with assaulting his wife,
Sarah Wiginton, on the 6th inst.
Mr. H.W. Watts appeared for the prosecution, and said the
Bench would perhaps think it advisable to remand the defendant in custody with
a view to the state of his mind being examined.
The prosecutrix said she lived at the Granville Inn, Dover
Street. On the previous Tuesday, about noon, the defendant came in with a sharp
carving knife and said “I could stab you to the heart with it”. He then put the
knife in his pocket. Witness took up the poker, and said she would hit him over
the head. She did not know whether he would stab her or not, for “he did say
such rummish things”. He knocked her down on the sofa, and she was insensible.
He hit her three times. Mrs. Downie then came in. Witness hit him over the head
with a stick. He had continually threatened her for a year, and she was in
bodily fear of him. He said he “would make pictures of her brains on the wall”.
The house and everything in it belonged to witness.
Mrs. Downie, 58, Dover Street, said she was called to the
Granville on the previous Tuesday, and the last witness said she had been
assaulted by her husband. She should think the defendant had been drinking.
They were both struggling with the poker. Defendant threatened to scatter his
wife`s brains on the wall. On Thursday night the complainant stopped at
witness`s house, being locked out at midnight.
Defendant said it was a case of a drunken woman. He alleged
his wife stabbed him. He used no knife; it was his wife who used it.
The Chairman said the Bench took a lenient view of the
matter, and defendant would be bound over to keep the peace for six months,
himself in one surety of £20, and another in the same sum. In default he would
go to prison for 14 days. He would also have to pay 12s. 6d. costs, or 14
days`.
Folkestone Up To Date
17-9-1898
Saturday, September 10th: Before J. Holden Esq.,
Aldermen Pledge, Salter, and Spurgen, and T.J. Vaughan Esq.
Stephen Wickenden was summoned for assaulting Sarah Ann
Wickenden, the landlady of the Granville Hotel, Dover Street.
Mr. Watts appeared for the complainant, and asked that the
defendant might be put under medical examination for the purpose of
ascertaining whether he was of sound mind.
The complainant said: I am the wife of the defendant, and
live at the Granville Inn, Dover Street. I had been taking the dinner up last
Tuesday, when the defendant came in with a sharp pointed knife, and said “I
could stab you to the heart”. I got hold of the poker and said “I will strike
you over the head with it” A man then ran over with Mrs. Downey. He struck me
three times. My ear bled, and I fell down insensible. I got hold of a stick as
soon as I had recovered sufficiently, and hit him over the head. He has often
assaulted me, and about a fortnight ago he said if it was not for the law he
would make pictures of my brains. The night before last I had to run out of the
house. I have reason to fear that his mind is affected. The Granville Hotel
really belongs to me. It has really been obtained with my money.
Ellen Downey said: I am the wife of Robert Downey, plumber,
Dover Street, and saw the complainant bleeding from the ear and very much
upset. I should think he had been drinking. I heard him threaten on one
occasion to spatter her brains on the awll. She came to my house on Thursday
night after she had left her house.
The defendant said his case was that the complainant was a
drunken woman. He wished to conduct the house in a respectable manner. She
struck him with a knife. He was too much a man to bring witnesses into Court.
The Chairman said the matter in dispute was a very serious
one, but the Court were disposed to take a lenient view of the case. The
defendant was ordered to find one surety in £10, and enter into his own
recognisances of £10, in default 14 days`, and another 14 days` for non-payment
of the costs.
Folkestone Herald
17-9-1898
Police Court Record
On Saturday – Mr. Holden presiding – Stephen Smith Wickenden
was summoned for assaulting his wife. He pleaded Not Guilty.
Mr. Watts, who appeared on behalf of complainant, alluded to
the facts of the case, the alleged offence having taken place on the 6th.
He thought it would be a question whether the Bench should not remand the
defendant in custody in order that the Medical Officer might examine as to his
state of mind. There were difficulties in the way of asking for a separation
order.
Sarah Ann Wickenden, defendant`s wife, deposed that she
lived at the Granville, Dover Street. On the day in question, just after 12,
the defendant came in with a sharp pointed knife. He said “I could stab you to
the heart”, and he put it in his pocket. Witness picked up the poker, and said
“I`ll hit you over the head with it”. Defendant hit her, and knocked her down
on the sofa. He hit her in the ear. Three blows were struck by defendant. He
knocked her senseless. She hit him after he struck her. He was always
assaulting her, and he had threatened her. He said that if it were not for the
law he would make pictures of her brains on the wall. She went in fear of her
husband. She thought his mind was affected. She had money of her own and took
the Inn. Everything there belonged to her. She thought defendant was under the
influence of drink. She did not see him drink.
Ellen Downey, married, a neighbour, deposed that she saw
Mrs. Wickenden, who was bleeding very much from the ear. She was upset. Her
husband was present. She said her husband had given her two blows, one on the
ear. Defendant was very greatly excited; she thought he had been drinking. The
wife and husband were each holding a poker. Witness heard Wickenden threaten to
splatter her brains on the wall. On Thursday night she was locked out at 12
o`clock.
The defendant said this was the case of a drunken wman. He
was proceeding, when the Clerk reminded him that he was charged with
assaulting.
Defendant said that he was cutting tobacco, and it was his
wife that used the knife.
The Chairman said this was a very serious matter, but the
Bench took a lenient view. They called on him to find two sureties, one himself
of £10, to be of good behaviour, or 14 days`. He also had to pay 12s. 6d.
costs, or 14 days`.
Folkestone Herald
29-7-1899
At the Folkestone Police Court on Wednesday last, William S.
Wickenden, landlord of the Granville Inn, was summoned for serving liquor on
licensed premises during prohibited hours on Sunday morning, the 16th
inst. Mr. John Minter appeared for the defendant. Defendant was ill, and was
represented by his wife.
Sergeant Osborne said on the morning in question, he kept
observation on the house, in company with P.C. Burniston, from 6.20 to 8.10. At
7.30 witness saw a man tap at the window. The door was locked, but Mrs.
Wickenden unbolted it. She then looked up and down the street, and the man then
followed her into the house. Other men entered after. Witness visited the house
with Burniston at 8.10. They went to the side door, which was open. Four men
were in the bar, and one in the tap-room. One man witness believed to be a
lodger. The others he knew to be living in other parts of the town. Glasses of
beer were standing on the counter, and one man drank from out of the glasses in
his presence. Witness said to Mrs. Wickenden “What are these men doing here?”
She replied “They are all lodgers”. Witness then told her that he should report
the case. Later in the morning witness saw defendant, and repeated this.
Wickenden said they were obliged to keep the side door open, but if witness saw
anything wrong he must do his duty.
By Mr. Minter: It was a public house and a lodging house.
P.C. Burniston gave corroborative evidence and read notes of
the times when the men entered the house. He also gave the names and addresses
of the men who were living in different parts of the town.
By Mr. Minter: Witness was not aware that the men were
lodgers.
Mr. Minter, in the course of an able defence, said, of
course in this case the defendant was responsible for the acts of his wife.
Unfortunately Wickenden was ill, and his wife represented him. He (Mr. Minter)
was in somewhat of a difficulty, for, after the evidence of the two constables,
he felt it his duty to advise Mrs. Wickenden not to go into the box. But she
persisted in her desire. As an advocate he should refuse to tender her as a
witness, and whatever she did would be on her own responsibility. He should
withdraw the plea of not guilty for one of guilty, and throw his client on the
mercy of the Court.
In spite of Mr. Minter`s repeated advice, Mrs. Wickenden
then entered the box and swore that she did not come downstairs on the morning
in question until 7.55. The men were all lodgers, with the exception of two,
who were travellers from Westenhanger.
By the Superintendent: All the men had slept in my house
with the exception of the two she had mentioned.
Mr. Herbert, in announcing the decision of the Bench, said:
The Bench think the case is fully proved. You will be fined £5 and 11s. costs,
and the Bench feel that you acted very unwisely in going into the witness box
after the advice given you by Mr. Minter.
Folkestone Up To Date
29-7-1899
Wednesday, July 26th: Before The Mayor, J. Banks,
J, Pledge, W.G. Herbert, and C.J. Prsey Esqs., and Lieut. Col. Hamilton.
William S. Wickenden, landlord of the Granville public
house, was summoned for a breach of the Licensing Act by serving drink during
prohibited hours on Sunday morning, the 16th inst.
Mr. J. Minter appeared for the defendant, who was
represented in Court by his wife.
Sergt. Osborne deposed that on the morning in question he
kept watch over the defendant`s house in Dover Street from 6.20 to 8.10, and
saw a number of men there during prohibited hours.
P.C. Burniston corroborated, and stated that he saw a number
of men in the house during prohibited hours. Amongst the men were Farley,
Philpott, Smith, Minter, and Gillingham.
Mr. Minter said he had recommended Mrs. Wickenden to plead
Guilty, and not enter the witness box.
Notwithstanding Mr. Minter`s remarks, the defendant`s wife
persisted in being heard. She said she never saw anyone in the house, only the
lodgers.
Chief Constable Reeve said he would have further inquiries
made, because h was informed the truth was otherwise than would appear from
Mrs. Wickenden`s testimony.
Mr. Herbert said the Bench felt very strongly she should not
have entered the witness box. The defendant was fined £5, but under the
circumstances they did not endorse the licence.
Folkestone Express
12-8-1899
Saturday, August 5th: Before J. Hoad, J. Pledge,
W. Medhurst, J. Stainer, T.J. Vaughan, J. Holden, and G. Spurgen Esqs.
John Farley, Patrick Gillingham, George Philpott, and Geo.
Minter were summoned for being on licensed premises during prohibited hours.
Farley did not appear, and a warrant was issued for his arrest.
Philpott was under the influence of drink, and was remanded
in custody till Monday. These were the men who were alleged to be on the
premises at the Granville Hotel on a Sunday morning, the landlord having been
convicted of serving them with drink. The landlady on that occasion said the
men were all lodgers. Gillingham lives at 52, Dover Street, Minter at 63a,
Marshall Street, and Philpott in the Lower Sandgate Road.
Sergt. Osborne gave evidence, and said he saw all the
defendants enter the house, and P.C. Burniston corroborated his evidence.
In reply to Gillingham, Burniston said he knew he slept at
52, Dover Street on Saturday night, and in reply to Minter he said he had
ascertained that he did not go home on Saturday night.
Minter went into the witness box, and said he slept at the
Granville Inn on Saturday night. He went out for a walk on Sunday morning and
returned at a quarter to eight. He had no beer.
Gillingham said he had paid for his lodgings, and he
considered he had a right to be there until he had had a wash and a brush up in
the morning.
The defendants were each fined 2s. 6d. and 10s. costs, or
seven days.
On the application of the Superintendent, permission was
given to bail out the man Philpott, to appear on Tuesday morning.
Tuesday, August 8th: Before The Mayor, Capt.
Carter, J. Pledge, J. Holden, T.J. Vaughan, G. Spurgen, and J. Stainer Esqs.
John Thomas Farley was charged on a warrant with being on
licensed premises, the Granville Inn, Dover Street, during prohibited hours,
and George Philpott, who was remanded on Saturday, was similarly charged.
Farley said he went about some luggage, and had nothing to
drink. Philpott denied that he was in the house.
P.C`s Burniston and Osborne said they saw him enter and
leave the house.
Philpott was fined 2s. 6d. and 11s. costs, and Farley 2s.
6d. and 12s. 6d. costs, or 14 days` hard labour in each case.
Folkestone Up To Date
12-8-1899
Saturday, August 5th: Before J. Hoad, J. Fitness,
J. Pledge, J. Holden, G. Spurgen, T.J. Vaughan, J. Stainer, and W. Medhurst Esqs.
John Farley, Patrick Gillingham, George Philpott and George
Minter were summoned for being on licensed premises, to wit, the Granville
Hotel, Dover Street, during prohibited hours. They pleaded Not Guilty.
Farley failed to put in an appearance, and the Chief
Constable applied for a warrant. Philpott, appearing in court drunk, was
remanded in custody until Tuesday, but was bailed out the same day.
P.C. Osborne said on Sunday morning, the 6th July
last, he watched the Granville public house between six and eight o`clock, and
saw the defendants there. He told them he should report them.
P.C. Burniston gave corroborative evidence.
George Minter then gave evidence for the defence, to the
effect that he was sleeping out the night previous to his being found at the
Granville public house. He was a lodger on the morning in question. When the
policemen came in he was not having any drink.
Gillingham made a statement that he also was a lodger, but
he did not go into the witness box. He added that he could prove that he was a
lodger, but could not call a number of working men witnesses because of the
expense.
The Bench considered the charge proved, and Minter and
Gillingham were fined 2s. 6d. and 10s. costs, in default seven days` hard
labour each.
Tuesday, August 8th: Before The Mayor, J. Pledge,
G. Spurgen, J. Holden, T.J. Vaughan, and J. Stainer Esqs., and Captain
Willoughby Carter.
George Philpott and John Thomas Farley were summoned for
being found on licensed premises, the Granville Hotel, during prohibited hours.
P.C. Osborne and P.C. Burniston gave evidence in support of
the charge, which has been before the Court in different forms on several
occasions.
Philpott was fined 2s. 6d. and 11s. costs, and Farley 2s.
6d. and 12s. costs, in default seven days` hard labour.
Folkestone Express
26-8-1899
Folkestone Licensing Sessions
Wednesday, August 23rd: Before Captain Carter, J.
Hoad, W.G. Herbert, J. Fitness, C.J. Pursey, and J. Pledge Esqs.
The Granville
Temporary authority to sell at this house was granted to
Thomas Augustus Olver.
Folkestone Up To Date
26-8-1899
Wednesday, August 23rd: Before Captain Willoughby
Carter, J. Hoad, J. Fitness, W.G. Herbert, J. Pledge, and C.J. Pursey Esqs.
Licensing Day
The Granville, Dover Street
The licence of this public house was transferred from Mr.
Wickenden to Thos. Augustus Olver.
The Chief Constable said there was a long list of
convictions against this house, and he only hoped that the new tenant, who bore
a good character and was a naval pensioner, would be able to conduct the place
properly.
Folkestone Express
16-9-1899
Wednesday, September 13th: Before W. Wightwick,
C.J. Pursey, W.G. Herbert, and J. Pledge Esqs., and Lieut. Col. Hamilton.
The licence of the Granville Inn was transferred to Thomas
Augustus Olver.
On
Wednesday the transfer of the Granville Inn, Dover Street, was granted to Mr.
Thomas Augustus Olver.
Folkestone Herald
16-9-1899
Folkestone Police Court
Folkestone Herald 23-9-1899
Folkestone Police Court
On Wednesday the renewal of the licence of the Granville,
Dover Street, was granted to Mr. Thomas Augustus Olver.
Folkestone Up To Date
23-9-1899
Wednesday, September 20th: Before Captain
Willoughby Carter, J. Hoad, J. Pledge, W. Wightwick, and C.J. Pursey Esqs., and
Lieut. Col. Hamilton.
Adjourned Licensing Day
The Granville
The transfer of the Granville, Dover Street, from Mr.
Wickenden to Mr. Olver was granted.
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