Mr. Creery opposed for the same parties as in the previous
application.
The Bench intimated to Mr. Minter that unless he could make
out a far stronger case than Mr. Bodkin had they should not grant the
application.
Mr. Minter replied that he believed he could. The position
was different, as it was nearer the houses in course of erection, the land was
freehold, and the building was far more “taking”. Messrs. George Beer and Co.,
of Canterbury, who proposed to erect the hotel, were prepared to surrender the
licence of the Tramway Tavern, which they absolutely held, while Messrs.
Mackeson did not yet possess that of the Castle; indeed Messrs. Beer held it at
present.
The Bench here stopped Mr. Minter, and said they failed to
see any difference in the two cases. The application was refuse.
Mr. Minter remarked that when he applied for a licence for
the Metropole Hotel it was refused, but it was granted the next year. Mr.
Herbert said that was granted on totally different grounds, as it was
manifestly for the public benefit.
Folkestone Express
28-8-1897
Licensing Sessions
The Brewster Sessions were held on Wednesday, the Justices
on the Bench being Captain Carter, Alderman Pledge, and J. Fitness, W.G.
Herbert and C.J. Pursey Esqs.
There was no opposition to any of the existing licences, and
they were all renewed.
Applications for new licences
Mr. Archibald Bodkin, instructed by Mr. G.W. Haines, applied
on behalf of Mr. Henry Mackeson for a provisional licence for an hotel proposed
to be erected at the corner of Broadmead Road and Cheriton Road. He said Mr.
Henry Mackeson was a member of the well known firm of Mackeson and Co.,
brewers, of Hythe, and he had acquired a right in the site. There were three
questions for the Magistrates` consideration – one, whether the applicant was a
proper person to receive a licence; the second, whether the premises proposed
to be built were of a character to afford accommodation which the Bench could
approve of for licensed premises; and, thirdly, whether there was a reasonable
necessity for the granting of the licence which the applicant asked for. He
thought the first point could be dismissed in a word; the second, as to whether
the premises were of a character that a licence should be given to them, was a
point on which he should ask the permission of the Bench to say a word. He
referred to Section 22 of the Licensing Act of 1874, which dealt with the
point, and then went on to say that the frontage of the building to Cheriton
Road would be 90 feet, and the return frontage to Broadmead Lane about 70 feet.
It was proposed to keep the front of the house facing the main road for hotel
purposes solely. There would be no bar of any sort or kind in the main road.
But at the side, in the return frontage, there would be what was always a
necessity in a house like that, to be used for the purposes mentioned, a small
but sufficient bar for the use of that class of customers who did not wish to
make a prolonged stay. The accommodation on the ground floor would include a
smoking room, billiard room, reading room, and coffee room, all for the use of
the public, and apart from and in addition to the bar facing Broadmead Lane.
The rest of the ground floor would be taken up with kitchen, offices, lavatory,
&c., and there would also be stabling for five horses, and coach house
immediately adjoining. On the first floor, in addition to a bath room and
lavatory, there would be ten bedrooms, and on the second floor, five more. From
the plans put in the Bench would see the kind of house Mr. Mackeson proposed to
erect. Then as to the third point – as to the reasonable necessities of the
neighbourhood. Before he dealt with that, he would remind the Bench that Lord
Radnor had granted the land subject to certain conditions, one of which was that
he should erect a house of not less value than £2,500, but it would be very
much nearer £3,000. The road on the east side (Broadmead Lane) was to be
widened, and it would become an important thoroughfare. The site was within
some 60 or 70 yards of Shorncliffe Station. Of course it would be said by Mr.
Minter, who opposed him in that case, that there were refreshment rooms, but
the Bench would bear in mind that they were not always open.
Mr. Minter: I am not opposing you. (Laughter)
Mr. John Creery, who was sitting by the side of Mr. Minter,
said he was opposing on behalf of some of the owners and occupiers in the
locality, and also on behalf of Mr. Quested, of the Shorncliffe Arms.
Mr. Bodkin said it was all the same. (Laughter) But, as he
said, the refreshment rooms were not always open, and they were entirely for
travellers, and afforded no accommodation such as would be afforded by a
comfortable well-arranged hotel, such as that for which that application was
made. In the immediate neighbourhood there were one or two places he should
mention to the Court. There was the football field, and the golf links, and he
contended that the house would be an accommodation to the frequenters of these
places. It was proposed to shift the football field exactly opposite that
house. There were no licensed houses near it. The Shorncliffe Arms was the
nearest, and that was 480 yards, and it was a public house pure and simple, but
no doubt it was a well conducted house. Then there was the White Lion, which
was 1,000 yards away, and on the main road. In the other direction the nearest
public house was the Bouverie Arms, 1,800 yards away, and just in the town
itself. Then, Mr. Mackeson felt that the hotel accommodation of Folkestone was
to a great extent confined to one particular part of the Borough. The nearest
hotel to that proposed house was the Hotel Metropole, 1,600 yards away, and of
course that was for the very best class of visitors to Folkestone, and did not
in any way appeal to the class of visitors thay proposed to attract. There was
a certain amount of building going on in the immediate neighbourhood. The
houses were not yet erected, but it would take at least a year to pull down the
existing buildings and erect that hotel for which he was asking for a provisional
grant. Further, he said that Mr. Mackeson had made arrangements to secure the
licence of a fully licensed house in the borough, which it was his intention to
surrender and extinguish if that provisional licence was granted.
(Mr. Bodkin wrote down the name of the house and said there
was no necessity to disclose it. But in the course of the proceedings it leaked
out that it was the Castle at Sandgate, which is within the borough of
Folkestone.)
Mr. G.W. Haines proved the service of the notices.
Mr. Henry Mackeson, of St. Olave`s, Trinity Crescent,
Folkestone, gave evidence in support of the counsel`s opening statement. His
concluding remark was that the Shorncliffe Arms was a well conducted house, but
it was not big enough.
Mr. Creery: You are an honest gentleman. (Laughter)
Mr. Bodkin: Don`t answer that. (Laughter)
Mr. Creery: He is not asked to answer.
Mr. Bodkin: You asked him if he was an honest gentleman.
Mr. Creery: No. I said he was. (Laughter) You acknowledge
the Shorncliffe Arms is well conducted, but you don`t think it quite big
enough. Why not? – There are no bedrooms.
Is there a demand for bedrooms in that part of
Folkestone? This kind of low class
trade? – I believe there would be if a proper place was erected.
Would they go to stop there? – Yes.
Country residents? – Yes.
What kind of low class trade? Soldiers? – No.
Not laundry girls? - There is no laundry about there.
Have you an agreement with Lord Radnor? – Yes. (It was put
in).
This building is chiefly of wood, isn`t it? – No. No wood at
all.
No beams? – There may be beams, but it is a brick building.
It seems to me there is a lot of wood about it. Are you
married, and a father? – No. (Laughter)
If you were a father, would you send your children to a
school diagonally opposite to a public house? – That case has not occurred.
But would you? – I don`t think I should.
Have you satisfied yourself that there is a reasonable
demand for this kind of building? – Yes, or I should not spend the money if I
did not.
Do you know how many houses there are within a radius of 800
yards? – No.
Say, 600 yards? – No. I cannot tell you.
Have you not satisfied yourself that there is a want? – I am
satisfied with the demands of the people coming from the station.
Why do you think there is a demand for this class of hotel
near the Shorncliffe Station? – Because the traffic is increasing.
You don`t think there is a demand created by the traffic
along the road? – There is the raod traffic, which might bring some demand. If
people saw a nice building they might be induced to strop there.
Is it to the bedrooms you look to get a profit from? –
Partly. We don`t disguise the fact that we look partly to the sale of liquor.
Isn`t it to the bar principally? – Not in this case. There
are 15 bedrooms.
Supposing the Magistrates grant you a licence, as soon as
the licence is granted the value is increased £1,000, isn`t it? – From that you
must deduct the cost of the other licence.
But the other licence does not belong to you? – It will be
ours at the time.
But it does not belong to you at present? – I did not say it
did. As soon as this one is granted we would hand over the other.
But you haven`t got it to hand over? – We shall have it.
Should you be surprised if I told you that directly the
Magistrates grant this licence this site will be worth £1,000 more than at
present? – I don`t doubt it would be worth something more.
Would you be surprised if I could get it for you? – Yes.
I think I could, and be very glad to.
Mr. Bodkin: Then don`t oppose any more. (Laughter)
Now, with regard to the Golf Club. I happen to belong to one
or two golf clubs, and the whisky and soda is generally provided on the club
premises, isn`t it? – No. Not at Folkestone. But I don`t make much point of the
Golf Club.
There is no demand so far as golfers are concerned for a
place like this. Are you applying for a licence at the Elham Petty Sessions, in
the Parish of Cheriton?
Mr. Minter: You are not bound to answer that question.
Mr. Bodkin: This is unforeseen help.
Mr. Creery: You are not appearing for the applicant. As a
fact he is applying for another licence that will affect this.
Witness said he was not personally applying for a licence at
Cheriton.
Mr. Wilkes, the architect, was examined briefly as to the
plans, and cross-examined as to whether the bar could not be enlarged.
Mr. William Horace Norman put in the agreement between Mr.
Mackeson and Lord Radnor.
Mr. Bodkin: Is Broadmead Lane to be a much more important
thoroughfare than it is now? – Yes. It is intended to widen the road, and
connect it with another road to be made under the hill, and carried round to
for a connection with Canterbury Road.
And is the Football Ground to be removed? – Yes. It has
always been thought that the sports should be concentrated in a field opposite
the cemetery.
So that all kinds of sports should be centralised? – Yes.
And the Castle? (Laughter) Does that agreement take effect
from the 29th September? – Yes
On or after that date the property is absolutely Mr.
Mackeson`s to do as he pleases with? – He is to be the owner and tenant with
power to surrender the licence.
Mr. Creery: Have the owners and occupiers strongly objected
to this “pub”? – I don`t think they know of it.
You know there are soldiers and laundry girls about there? –
We should expect Mr. Mackeson to charge such prices as would prohibit laundry
girls and soldiers.
Oh, this is getting interesting. What price would be charged
for a pint of beer? – Certainly not less than 4d.
Can`t a soldier pay 4d.? And laundry girls? Is that
prohibitive? – Not necessarily.
Is it a prohibitive charge? – No. Certainly not.
Mr. Creery then urged that there was not a tittle of
evidence adduced to show there was reasonable ground existing for granting the
licence. It would also seriously damage the houses in Beechborough Villas, and
as to the members of the Golf Club, not one of them would think of going into
the house for whisky and water. Further, there were not thirty houses within
600 yards, and Colonel Moore Lane and other residents strongly objected to it.
He called Mr. Vanderpant, the owner of Nos. 2 and 3, Beechborough Villas, who
said in his opinion the proposed house would seriously depreciate the value of
his property.
Captain Carter, having consulted with the other Magistrates,
said they would not trouble Mr. Creery further. They had made up their minds,
and they considered, having paid every attention to the evidence, that there
was no reasonable ground for granting the application at present, whatever
there might be in the future. The Bench were unanimous in saying the
application must be refused.
Another like application
Mr. Bodkin, who was engaged to oppose the next application,
suggested that Mr. Minter, who appeared for the applicant, should withdraw the
application. The proposed house was within fifty yards of the first, and if he
might express an opinion, it would only be a waste of time to go on.
Mr. Minter: My friend has made his application, and he has
most earnestly told you the necessity of giving notice for his public house and
for you to decide in his favour. We have given ours. Our position is totally
different, and I hope to convince you we are entitled to it. It is a kind of
dog in the manger policy with them. We can`t get ours, and you shan`t get
yours.
Mr. Creery said he was opposing for Mr. Quested.
(The Court then adjourned for luncheon.)
Mr. Minter applied on behalf of Arthur William Goldsack for
a transfer of the licence o the Tramway Tavern to premises about to be erected
for Messrs. Beer and Co. on the Moorhall Estate. Mr. Archibald Bodkin,
instructed by Mr. Haines, opposed on behalf of Lord Radnor and some of the
adjoining owners of property, and Mr. Creery on behalf of the licence holders
of the Station Hotel.
Captain Carter, at the outset, said they hoped Mr. Minter
would be able to give a stronger case than was given in the other case,
otherwise he was afraid they would not be in his favour. They were quite ready
to hear him.
Mr. Minter said that was a matter of opinion. He hoped to be
able to do so, but he felt that he was somewhat prejudiced by the remark of his
friend, Mr. Bodkin, that as he had failed, the second application should be
withdrawn. But it would to a very great extent save time if Mr. Bodkin would
permit him to adopt every word of his argument by which he tried to induce them
to grant his application.
Mr. Bodkin: If the cases are different, how could my
observations fit in?
Mr. Minter went on to explain that it was proposed to get
rid of a licence which had been renewed that morning in the eastern part of the
town, and remove it to the Cheriton end, where there was a rapidly growing
neighbourhood. He put in plans, which he said had been prepared, so that as
time progressed they could enlarge the premises, and that it would be an ornament
to the neighbourhood. Further, there was a stipulation that no licence should
be granted to any other house on the estate. He ventured to hope that the Bench
would alter their opinion in that case, and say that a licence was required.
Captain Carter said it was a case, so far as the Bench could
understand, in which the evidence would be similar in all respects to the
former case, and if that was so it would be scarcely necessary for Mr. Minter
to call any evidence.
Mr. Minter said of course he should not force the evidence
if that was their opinion.
Captain Carter: Then I should like to say a population
hardly exists in the neighbourhood you speak of, and is hardly likely to exist.
Mr. Minter: How many houses are there to be built upon the
estate?
Mr. Swoffer (in the rear of the Court): 250
Captain Carter said in his opinion there was no necessity
for a licence.
Mr. Fitness: And if you call all the evidence you have
suggested it would not alter our opinion.
Mr. Minter: Then it is useless for me to tender it. I
remember I applied to you for the Hotel Metropole and you refused it. But I
came again another year and you gave it to me. Perhaps if I come again next
year you will grant me this one.
Mr. Herbert said the licence of the Hotel Metropole was
granted on totally different grounds. In that case it was a question of general
utility for the whole town. Your application today is utterly different. It is
for a licence for a certain plot of land on which a building will eventually be
put up.
Captain Carter: In this case we are not quite unanimous.
There has been one exception.
Folkestone Herald
28-8-1897
Licensing Sessions
The Annual Licensing Sessions for the Borough of Folkestone
were held at the Town Hall on Wednesday last, the sitting justices being
Captain Willoughby Carter (Chairman) and Messrs. Pledge, Fitness, Herbert and
Pursey.
The old licences were renewed without opposition.
The following applications were considered by the Bench:
Mr. Bodkin made an application on behalf of Mr. Henry
Mackeson for a provisional licence authorising the erection of a new hotel on
the corner of Broadmead Lane and Cheriton Road. The applicant, said the learned
counsel, is a member of the well known firm of brewers in this neighbourhood,
and had acquired a long and substantial interest on the particular site of land
on which it was proposed that this hotel should be built. He thought that in
this class of case there were three questions before the Bench to consider –
firstly, whether the applicant was a fit and proper person to receive a
licence; secondly, whether the premises which it was proposed should be built
were of a character and afforded the accommodation which the Bench would
approve of for licensing purposes; and thirdly, whether, having regard to the
condition of the neighbourhood, or the circumstances of the case, there was a
fair and reasonable necessity for the granting of the licence which the
applicant was asking for. Dealing with the matter on those three questions, the
first, he thought, might be dismissed in a word. Of course Mr. Mackeson, at any
rate by name, would be known to each member of the Bench. Secondly, this was a
matter on which he would ask the Bench to let him say a word. Here the speaker
drew the attention of the Bench to Section 22 of the Licensing Act, 1874, which
dealt with what was called provisional grants. The section under which the
proceedings were taken specifically gave to the justices a right to say whether
or not the plans were proper and sufficient for the purposes for which the
houses were to be used. The plan now before them showed that the house had a
frontage to the main Cheriton Road of some 90 feet, and a return frontage to
Broadmead Lane of about 70 feet, and it was proposed in the front of the house
facing the main road to keep the front of the house as and for the hotel part
of the business solely. There would be no bar of any sort or kind facing the
main Cheriton Road, but at the side, in the return frontage, there was what was
always necessary in a house to be used for the purposes he would mention in a
moment, a small bar for the customer who did not wish to make a prolonged stay.
On the ground floor the statutory accommodation, essential to be provided since
1872, had been provided and more than provided for. There were two public rooms
irrespective of the part of the house which were apportioned to the landlord
and his private needs. On the ground floor plan there was shown a smoking room,
a billiard room, a reading room, and coffee room, all for the use of the
public, and all apart from and in addition to the bar which he had already
mentioned, facing Broadmead Lane. The raised ground floor had kitchen, offices,
and lavatory accommodation, and on a little way was a stable for five horses
and a coach-house immediately adjoining, so that the ground floor would appear
to be well appointed and well arranged for the purposes. In addition to ten
bedrooms on the second floor were five more bedrooms for the use of the
landlord and servants. (Plans were here produced for the inspection of the Court.)
The bar accommodation was subsidiary to the main purpose of the hotel, that of
providing hotel accommodation. As to the third point, the reasonable
necessities of the neighbourhood, he would remind the Bench of what that
neighbourhood was. Perhaps he might be allowed to say that the freeholder of
the site on which this hotel was proposed to be built was Lord Radnor, and Lord
Radnor had agreed to grant a lease to Mr. Mackeson of this site on condition
that he should erect these premises at a cost of not less than £2,500, but when
completed with fittings probably it would be very much nearer £3,000. For that
sum a well-appointed, substantial house could be put up on this plot of land.
Lord Radnor, who had a considerable interest in the Borough of Folkestone, had
thoroughly understood that this house was to be used for the purpose of
licensed business if a licence could be obtained, and in order to safeguard as
far as he possibly could – and there was no-one who would look more keenly at
that matter than his lordship – he had put Mr. Mackeson under stringent
conditions that the particular plans should be in no way departed from, and the
house should be conducted mainly as an hotel, and that the entrance to the bar
should not be in the high road, where it might be said people would be
attracted to it, but should be at the side of the premises in Broadmead Lane,
which was a road in contemplation not only to be widened, but in the course of
time would unquestionably be built upon, and become a very important thoroughfare,
being within 50 or 60 yards of the Shorncliffe Station. At the Shorncliffe
Station, it might be said by Mr. Minter, who was opposing him on this case,
that there were refreshment rooms, but he thought the Bench would thoroughly
understand the reason for which the refreshment rooms were allowed at
Shorncliffe Station. (Mr. Minter said that he was not opposing, and Mr. Creery,
of Ashford, intimated that he was opposing on behalf of neighbouring owners and
occupiers and the Shorncliffe Inn.) Mr. Bodkin commented on this, which he
called a curious combination, and suggested that the Shorncliffe Inn should be
put first, and the owners and occupiers last. The refreshment rooms were only
for the actual convenience of the people travelling by the railway, and only
open when the railway was open. There was no hotel accommodation to be gained.
It was for the purpose of providing decent, comfortable hotel accommodation in
the neighbourhood of what is and what will be an important station. The
application was made, and the plans showed a really substantial ground for the
application. In the immediate neighbourhood of this proposed house there were
one or two matters that he should mention to the Court. First of all there was
the football field, which was a little further. (A tracing of the Ordnance
sheet was here put in.) This house would be practically just outside the exit
of the Shorncliffe Railway Station, and the house (which he could not help
hearing a Magistrate mention), the Shorncliffe Inn, was distant by road some
460 yards. The Shorncliffe Inn was a public house pure and simple, and had no
proper bedroom accommodation to give to travellers. It was a wayside inn,
perfectly respectable and well conducted. The White Lion, which was also shown
by the plan, was over one thousand yards away by the same main road, and in the
other direction the nearest public house was the Bouverie Arms, about 1,800
yards away, which was just in the town. Between the Bouverie Arms and the White
Lion there was a distance of some 2,800 yards. This proposed house would afford
accommodation half way between these two points. The Shorncliffe Inn was upon
the other side, and was not of a character to afford the accommodation proposed
at this hotel, and also was a place which perhaps would not be very desirable
for any person to go if they wanted quiet refreshment, because it did not cater
for that class of trade. Owing to the line of omnibuses the main road had
become a more important route, and was also a main road to Shorncliffe Camp
from Folkestone. With regard to the reason for the granting of this licence, it
was thought and believed to be a very good reason that the hotel accommodation
of Folkestone was, to a great extent, confined to this particular part of the
Borough and the front, because although he had mentioned the Bouverie Arms and
the White Lion as being the two nearest public houses or licensed houses, there
was the Metropole on the front, which was only some 1,600 yards away, but that
was, of course, a hotel for the very best class of visitors to Folkestone, and
did not cater for what they hoped to attract, the more commercial or less
well-to-do part, who would go to such a place near to this important railway
station and be able to come into Folkestone by means of this line of omnibuses,
and would equally well be able to get down to the sea front. It was that
particular class of trade, not the very best class of trade but a middle class
trade, it was hoped to attract here, and to provide proper accommodation for,
in addition to the trade of that kind going from the station, and attracted to
that place by the nearness of the station. There was near this plot of ground
the football ground, at which were matches in the season once or twice a week.
A number of persons came there, and this would be a very great assistance to
those actually taking part in the match, there being plenty of room to provide
a proper dressing-place. Further, on the opposite side of Broadmead Lane only,
there was a large ground not at that moment being used, but he was in a
position to call the agent of Lord Radnor as to negotiations having been going
on to acquire that ground as a cricket, football, and sports field. Then this
house would be the nearest house to it, and a licensed house of the proper kind
was a very great convenience indeed to persons coming to a field of this sort
to watch open air sports. In addition to that there was the golf links, and he
believed, although he could not personally say so, proper accommodation of a
hotel character would be a very great convenience to golfers coming from other
parts of Folkestone. There was a certain amount – although he quite agreed at
that moment not a very large amount – of building going on in the immediate
neighbourhood, and it might be said should not they wait till the neighbourhood
had actually begun. This building was in fact going on, and what was asked for
was a provisional grant, and it would take at least a year or not more to pull
down the old building and erect in its place this hotel of which plans were
produced. They might hope there would be a very large increase of building
operations in the neighbourhood. A further question that might be raised by his
friend was that the Bench were asked to increase the number of licences, but there
was an answer, and a twofold one. This borough was not in a ring fence by any
means. The neighbourhood was probably among the very foremost of the developing
towns in the way it was worked, and there were outlying districts in the
borough, just as here was in the centre of the borough a great probability of
building. Building operations were going on, and the neighbourhood,
particularly in this part, was developing rapidly. The second one was this, Mr.
Mackeson had made arrangements to secure, and had in fact secured, the licence
of a fully licensed public house within this borough, which it was his
intention if this was confirmed, to extinguish forever. The application was now
technically one for the removal of the licence, which would practically be called
a provisional removal, but an application for a new licence on condition that
the old licence should be given up, and when Mr. Mackeson passed his word that
this would be surrendered, the Bench would consider that would be as good as
the actual extinguishing of the licence in question. (The learned counsel wrote
out the name of the house proposed to be surrendered on a piece of paper, for
the information of the Court and Mr. Creery.) Although in Sandgate, it was
within the borough and a fully licensed house. Sometimes rubbish was offered by
way of surrender, bait to catch an unwary bench of magistrates, but in respect
of this house the occupier had been there some 15 years, and a thoroughly
respectable, well-conducted house it had been during that time, and doing a
substantial trade, and not rubbish merely for getting a licence exchanged for
what was really nothing at all. The only other houses within the mile distance
were the Shorncliffe Inn, Bouverie Arms, Eagle Tavern, West Cliff Hotel,
Metropole Hotel, White Lion, the Unity, and the Star, at Newington.
Mr. Henry Mackeson, living at St. Olave`s, Trinity Crescent,
and a member of the firm of Mackeson and Co., Hythe, gave evidence
substantially bearing out his counsel`s statement. His agreement was that the
cost of the house should not be less than £2,300, and he expected more would be
expended. Negotiations had been carried on since March, 1896. He was under
condition to carry on business mainly as an hotel, not to have any bar in the
main road at all, and not to make alterations in the plans. He proposed to
carry on the premises as people who could not afford the more expensive hotels
would go there as buses passed. He thought there was a demand for a good
middle-class hotel, and believed the football field was to be moved on the
other side of the road. He would be in a position to give up the house proposed
to be surrendered when this house was erected.
Cross-examined by Mr. Creery: Witness acknowledged the
Shorncliffe Inn to be a well-conducted house, but thought the number of
bedrooms was not big enough. He believed a kind of middle class would stop
there. (The agreement for the lease with Lord Radnor was produced.) There was
no wood at all in the building. Asked if he would like to send his child to a
school opposite a public house, the witness said that the case did not occur,
as he had not a child. He did not think he would if he had one. He would not
spend the money if he was not satisfied there was an opening.He did not know
the number of houses within a radius of 300 or 600 yards. He was satisfied with
the demand from the station, because the railway traffic of Shorncliffe station
was increasing. He could not say they looked to the bar for all the profits.
Supposing the Magistrates granted the licence, the removal of the other licence
would have to be taken off the value of the property. The house he proposed to
surrender he would acquire on the 29th September, the next month. He
would be surprised to hear it would be worth a thousand pounds more if the
Magistrates granted the licence.
Mr. Creery asked: Would he be surprised to hear he could get
that for him?
Mr. Bodkin: Well, do not oppose any more. (Laughter)
Witness continued that the refreshment rooms at the station
were open all day. There were no refreshments at the Golf Club. He would not
say there was any demand so far as the golfers were concerned at present.
Witness was asked if he was applying next month for an on
licence at Cheriton, and Mr. Minter rose and advised the witness to decline to
answer that question.
Re-examined: The agreement for the taking of the other house
already mentioned was handed in. He believed building operations would extend
themselves very much. Land, to the best of his knowledge, was already let.
Mr. Ernest Wilks, architect, Folkestone and Hythe, gave
evidence that he prepared the plans of the proposed house, having in view the
erection of a good, substantial, well-appointed hotel. The length of the
counter in the bar would be about 16 feet. It was the only counter. There were
15 bedrooms above. He prepared a large scale tracing from the Ordnance showing
the distances, which were approximately correct.
Cross-examined: The bar could be extended only by throwing
in a room.
Mr. Bodkin said that the agreements were against any
alteration, without the consent of the landlord or the Bench. The Bench had it
absolutely in their hands.
Mr. Wm. Horace Norman, of Messrs. Brown, Norman and Co.,
agents for Lord Radnor, also gave evidence. There were negotiations pending some
time before it was finally settled, in the course of which the character of the
proposed house was considered. He was in the strictest covenant not to alter
it. Broadmead Lane was to become a much more important thoroughfare, and a road
was to go behind the hills to connect the road with Canterbury Road. The field
on the opposite corner was to be used for cricket, football, and other sports.
The house proposed to be surrendered belonged to Lord Radnor, and the agreement
entered into, produced, took effect as from September 29th. He was
under no obligation to keep it as a licensed house after that date.
Cross-examined: This house would take the overflow. He
thought the residents would want to put the overflow in this house. He would
suppose they would charge prices to prevent soldiers and laundry girls coming
to the pub. Not less than fourpence for a pint of beer. Fourpence was not a
prohibitive charge.
This was the case for the applicant.
Mr. Creery thought he would put the residents and private
owners first and the tenant of the Shorncliffe Arms second. He submitted there
was not one tittle of evidence to show reasonable necessity for the house. The
White Lion was near, and could easily be enlarged if not big enough, and the
Bouverie Arms at Folkestone, and the most thirsty man could go one mile without
stopping to refresh himself. The applicant himself did not know the number of
houses in the district, and simply said it was the railway traffic, which he
submitted to the Bench could be quite well catered for by the tenant of the
Shorncliffe Arms. He submitted there was no evidence to satisfy them. With
regard to the first two points of his learned friend, he talked about peaceful
and quiet refreshment. He thought if any had this it would be the Shorncliffe
Arms. The kind of middle class. It was this kind of class that was most
objectionable and would most seriously damage his clients. One of his clients
was a school opposite for the sons of gentlemen. He was sure not one of their
worships would send a child to a school opposite a public house. He understood
the Folkestone Golf Club was a very select one, and he did not think they would
come here for their whisky and water. Lord Radnor could revoke his agreement.
The White Lion was about 1,100 yards from the site of this house, and
application was to be made on behalf of Messrs. Beer and Co. for one that side
of the White Lion. He did not think within 300 yards there were 30 houses. His
client`s houses were Beechborough Villas. The refreshment rooms at the station
were always open on both sides.
He called Mr. Francis Young Vanderpant, owner of 2 and 3,
Beechborough Villas. He had let one as a school to Mr. and Miss Gilmore for £60
for three years. The other was £40. He had no knowledge of the public house when
purchasing, or he would not have purchased. He did not think there was a
demand, and he knew the whole neighbourhood. The Beechborough Villas were all
private houses. Officers occupied some of them. He thought it would seriously
affect him.
The Chairman here said they would not trouble him, the Bench
had made up their minds. They considered after having paid every attention to
the evidence that there was no reasonable ground for their undertaking to
authorise the erection of a house or to authorise any licence whatever. The
population at present did not at all justify their giving a licence at present,
whatever it might be in the future. (Applause) They were convinced there were
sufficient public houses in the neighbourhood. The opinion of the Bench was
unanimous in this case.
The Court decided to adjourn half an hour, and Mr. Bodkin,
who was opposing in the next case, an application by Mr. Goldsack for a licence
for a site within a short distance from the last, suggested that Mr. Minter,
who appeared for Mr. Goldsack, should withdraw after the decision of the Bench
in the first case.
Mr. Minter said his friend had made his application, but the
position in the present case was a totally different one, and he hoped to
convince the Bench they were entitled to have it granted. It was a sort of
dog-in-the-manger policy with the others.
After the adjournment the application was proceeded with,
Mr. Bodkin on behalf of Lord Radnor and some of the adjoining owners of
property, and Mr. Creery on behalf of the same people as in the last case.
Mr. Minter said he appeared on behalf of Mr. Alfred William
Goldsack, of 2, Clifton Cottage, Cheriton Street, Cheriton, former platelayer,
for a removal of the licence from the Tramway Tavern to premises, which, he
said, were about to be erected on an estate within a couple of hundred yards of
a site on which it was proposed to erect a house. A provisional licence for
this was refused. Considerable prejudice had been created by the observation
Mr. Bodkin made suggesting to him publicly that he should withdraw his
application because he had been refused. Having mentioned that, the Bench would
not allow it to prejudice their minds. This, he thought, was in a somewhat
different position.
The Chairman said he hoped he would be able to give them a
very much stronger case than in the last, otherwise they would not be able to
agree in his favour.
Mr. Minter said that in his opinion he could present a much
stronger reason why they should grant this application than his friend, Mr. Bodkin.
He hoped it would, and he hoped they would be able to agree with what he had
suggested. He was bound to say this, and it would to a very great extent save
time if Mr. Bodkin would allow him to adopt every word of his arguments which
he had offered the Bench in support of his application. His was practically the
same except it was 200 yards from Cheriton and land belonging to the Morehall
Estate. If the Bench intimated that the neighbourhood did not require an hotel,
his application must go, but he hoped they would alter their view on that
subject. With reference to one hotel being built there, they had given their
notices, in which they had given their reasons openly, of why they were going
to ask for the licence, that they gave up one in reference to the Tramway
Tavern. Evidently his friend`s role was to decry the Tramway Tavern, to which
the Bench had granted a licence that day, and it aws an existing licence in the
hands of Messrs. George Beer, who asked them to transfer the Tramway Tavern
licence to this site, where they proposed to erect a good hotel. After seeing
their designs, which he produced, he thought the Bench would come to the
conclusion it would be worthy of consideration, an ornament to the
neighbourhood, and of necessity an improvement. It was so designed that it
might be enlarged, not for the purposes of a bar trade, but hotel trade. He
proposed to give evidence as to the number of houses which were now going to be
built there immediately, and would be going on concurrently with the hotel, if
the Bench gave permission. There was a large population there now, and when the
Bench considered how anxious they were to get rid of the houses in the lower
end of the town, where they thought there were too many, here was a bona fide
offer, which could be carried out and the Bench could remove a licence from the
bottom end of the town, which they thought was essential, if it could be done
with justice and equity to the owners of the licences. The ownership was in the
hands of George Beer and Co. in both cases. But he did not think this was the
proper light to look at it. This town was a growing neighbourhood, extending
rapidly on the Cheriton Road towards this part, and according to Mr. Norman the
whole of the plots next to Shorncliffe Station were being covered. The owners
of property would have been anxious to begin building. Two houses were up, and
there were plenty of contracts for the others. It would be an advantage and
convenience to everybody, and it would encourage the growth of the neighbourhood.
It was urged that stringent covenants had been entered into, and he did not put
that forward, because he knew that they were bound to carry it out according to
the plans the Bench sanctioned, but they had got out covenants that there
should not be another public house on the Morehall Estate, but where the sole
right was given to Messrs. George Beer and Co., and the owners had entered into
a covenant, practically, it meant there could not be, and there would not be
another house in that neighbourhood. He could call witnesses, and he submitted
that an exception be made in this case if there was to be any preference. They
were the first in the field, but it was a kind of dog-in-the-manger principle
in the other application. It was like a game at chess with the brewers.
Immediately a brewer took a plot of ground the others came.
The Chairman said he thought that the case was, as far as
they could understand, so similar in all respects to the evidence given in the
other case, there was scarcely necessity to call a witness.
Mr. Minter said that, of course, he would not force the
evidence upon them.
The Chairman said that they would like to see the population
absolutely existing in the neighbourhood, not as likely to exist.
Mr. Fitness said the Bench seemed to be unanimous. He
thought if he proved all that he had said it would not alter the decision.
Mr. Minter asked what was the use of continuing. He applied
for the Metropole and they gave it him the second time.
Mr. Herbert said that was a question of general utility
afforded. This was for a certain plot of ground on which a building would be
put up.
Mr. Bodkin said that the Bench had not heard what the
opposition had to say.
Application refused.
Sandgate
Weekly News 28-8-1897
Local News
The annual borough Brewster Sessions took place at
Folkestone on Wednesday. One application was of rather exceptional interest. It
was one by Messrs. Mackeson, of Hythe, for a licence for a hotel which they proposed
erecting on the Morehall estate, close to the Shorncliffe Station and the
Folkestone football ground.
Mr. Bodkin, barrister-at-law, appeared on behalf of the
applicants, and produced evidence showing that under an agreement with Lord
Radnor the hotel, providing a licence was granted, would be a first class one,
and would cost £3,000 to erect, his Lordship only consenting to a good-class
hotel being built.
Messrs. Mackeson also offered to allow the licence of a
house at Sandgate (the Castle Inn), which would shortly come into their
possession, to lapse, if the Bench granted the application.
Mr. J. Creery, of Ashford, opposed on behalf of
adjoining freeholders and the proprietor of the Shorncliffe Inn.
The Bench, without hearing the whole of the opposition,
declined to grant the application.
Folkestone Programme
30-8-1897
Notes
The Folkestone Licensing Sessions on Wednesday were not so
interesting as Brewster Sessions generally are. The whole of the existing
licences were renewed, an evidence that the houses had been well conducted
during the past twelve months. Following the example of the Hotel Metropole,
where a band plays during table d`hote and at other intervals, applications
were made for music licences and for dancing in the event of balls being given.
These were, of course, granted. The applications for full licences were
rejected, some of them with much regret by the Magistrates. The Magistrates,
both at Folkestone and elsewhere, are somewhat loth to grant additional
licences. If they did so the liability of a community in the event of
compensation having to be paid at any time would of course be greater, and
since a certain section of the people have suggested compensation as a means
for getting rid of licensed houses, this point weighs heavily with the
licensing justices.
One or two applications were made for new hotel licences.
Mr. Bodkin, barrister, instructed by Mr. W.G. Haines, solicitor, of Folkestone
applied for such licence on behalf of Messrs. Mackeson, of Hythe. This hotel,
it was shown, was intended to be built near the Shorncliffe Railway Station, at
a cost of £3,000. Lord Radnor, as Lord of the Manor, stipulated that the class
of house to be built there should be an hotel, costing in its erection about
this sum, and Mr. Bodkin stated that it would be such a house as could be used
by the middle-class tradesmen, who might come to Folkestone. There was much in
favour of such an hotel, for it would be near an “important” railway station,
and the `bus traffic between Folkestone and Cheriton was very great. In
addition to the usual smoking, billiard, reading and coffee rooms, there were
to be 15 bedrooms, and a small bar, over which the thirsty traveller could be
supplied with a glass of ale or other refreshment.
This bar was not to be approached from the main road. The
hotel entrance would face the main road, and the bar would be approached from
Broadmead Lane. Then Mr. Norman, agent for Lord Radnor, stated that the
football ground was close to this site; but now a field for sports of all kinds
was to be given up for the purposes of games. Both during the winter and summer
months there were games here, and usually very large numbers of people. Then
again, the applicant was to give up the licence of another house if this one
was granted.
But Mr. Creery, solicitor, of Ashford, had something to say
on this application. He was opposing on behalf of freeholders, and also on
behalf of the Shorncliffe Inn, “which has supplied the wants the new hotel
would supply” for twenty or thirty years past. This gentleman had to be
satisfied that the notices of the application were alright, and this done, he
spoke of the hotel and the “15 bedrooms” which would be reduced considerably by
the time the landlord, and his family, and his servants, were provided with
bedroom accommodation. Then, though the bar was a small one, as shown on the
plans, it was easy of enlargement, and he was afraid that this palatial looking
“hotel” would come to be nothing more or less than an ordinary public house and
a resort for soldiers and laundry girls. There were other houses not so very
far away, including the Shorncliffe Inn, in the interests of which he was
opposing, and the refreshment rooms at Shorncliffe Station were open all day
long. Mr. Creery was going to call witnesses in support of his arguments, but
the Bench did not think this necessary, as they had decided in their own minds
not to grant the licence.
Mr. Minter then mad an application for a licence for a
“convenient” hotel to be built by another firm of brewers, a hundred or two
yards from the site on which Messrs. Mackeson proposed to build. He endeavoured
to show that a good hotel was really necessary. Mr. Bodkin opposed this
application, and used practically the same arguments against it as Mr. Creery
did with regard to his own application. The Bench declined to grant the licence
applied for in this case either.
Captain Willoughby Carter occupied the Chair, and the other
Justices present were:- Alderman James Pledge, W.G. Herbert, C.J. Pursey, and
J. Fitness. The business of the Court occupied the attention of the Magistrates
for nearly five hours, but the applications to which we refer were the most
important.
Southeastern Gazette
31-8-1897
Local News
The Borough
Brewster Sessions took place on Wednesday, when various applications of minor
importance were dealt with. One application was of rather exceptional interest.
It was one by Messrs. Mackeson, of Hythe, for a licence for an hotel which they
proposed erecting on the Moorhall Estate, close to the Shorncliffe Station and
the Folkestone Football Ground. Mr. Bodkin, barrister-at-law, appeared on
behalf of the applicants, and produced evidence showing that under agreement
with Lord Radnor the hotel, providing a licence was granted, would be a first-class
one, and would cost £3,000 to erect, his lordship only consenting to a
good-class hotel being built. Messrs. Mackeson also offered to allow the
licence of a house at Sandgate, which would shortly come into their possession,
to lapse if the Bench granted the application. Mr. J. Creery, of Ashford,
opposed on behalf of adjoining freeholders and the proprietor of the
Shorncliffe Inn. The Bench, without hearing the whole of the opposition,
declined to grant the application.
Folkestone Express
25-9-1897
Hythe Brewster Sessions
The Licensing Justices were Captain Baldwin, Commander
Mansell R.N., and A.S. Jones Esq.
Superintendent Waghorn reported that the licensed houses in
the district had been generally well conducted. There had been 34 convictions
for drunkenness in the year.
Mr. R. Lonergan applied for a provisional licence for a
house to be built on the Oaks Estate, Cheriton. Mr. F. Hall supported the
application, and Mr. Mowll and the Rev. R.E. Johnson opposed. The application
was refused.
Sandgate
Weekly News 25-9-1897
Local News
The annual Brewster Sessions for the Elham Division was
held at Hythe on Thursday. Superintendent Waghorn`s report stated that the
houses in the district had been generally well conducted. There had been 34
convictions for drunkenness during the year.
All the licences were renewed.
Three applications for new licences, viz.: Mr. Quested,
of the Imperial Inn, Cheriton, for a full instead of an off licence; Mr. John
Bartter for an on-licence for Albion House, Cheriton; and Mr. R. Lonergan for a
provisional licence for a house to be built on the Oaks Estate, Cheriton, were
all refused.
Folkestone Herald
24-9-1898
Hythe Licensing Sessions
The Adjourned Licensing Meeting for the Elham Division of
Kent was held at Hythe on Thursday before Captains Baldwin (Chairman), Mansell,
and Smythie.
Messrs. Mackeson Brothers, Brewers, Hythe, applied for a
full licence for the Imperial Inn, at Cheriton, which they intended to rebuild.
The owners of the White Lion, the opposition public house, contested the
application. Mr. Lonergan wanted a licence for an hotel which he proposed to
erect at Cheriton. The White Lion proprietors opposed this application, as also
did the trustees of the Unity Inn, Cheriton. Both these cases were heard
together.
Mr. Minter, solicitor, Folkestone, appeared for Messrs.
Mackeson; Mr. Martyn Mowll (Mowll and Mowll, Dover), for Messrs. George Beer
and Co., brewers; Mr. Frederic Hall, Folkestone, for Mr. Lonergan; and Mr.
Barron, New Romney, for the Unity Inn trustees.
It was urged against Messrs. Mackeson`s application that as
only six houses had been built in the vicinity of the Imperial there was no
need for another full licence.
The Bench granted the application.
In the latter case, Mr. Lonergan said that out of an estate
of 300 houses which were in the course of erection, 24 were already built, and
a public house was a necessity. Opposing counsel denied that 24 houses were
erected, reducing the number to six.
This application was refused.
Folkestone Herald
30-9-1899
Cheriton Urban District Council
Tuesday, September 26th
Councillor Harriss said that there were applications for new
licences to be made in the district. One was by Mr. Lonergan, but they would
not want him to withdraw because it was a matter that concerned all of them. He
suggested that it should go forth that the Council were willing to support what
they thought would be of most advantage to the Parish – the application of Mr.
Lonergan for a licence.
Councillor Lonergan said that he had some intimation that it
might come on that day, and he brought the plan. There was urgency if it was to
be done at all.
Councillor Greenstreet said that it should be understood
that in the event of a licence being granted the opinion of the Council should
be directed to the question of which would be the better site. They were not
backing up Mr. Lonergan as a member of the Council. If they were going to have
any public house, by all means let them have that in the best situation, never
mind whether it was Mr. Lonergan, or who it was.
Councillor Dunster also considered that they were not
dealing with Mr. Lonergan or anyone else personally.
The Chairman said that they had heard what Mr. Harriss said.
Would anyone second his resolution?
Councillor Harriss thought that it was a very important
matter. If they were going to improve Cheriton they should do their utmost to
have the improvement in the right part.
The resolution was seconded. It was to the effect that the
Council are of opinion that if the Licensing Justices are prepared to grant
fresh licenses, preference should be given to the site at the junction of
Queen`s Road with Church Road.
Carried.
Folkestone Express
7-10-1899
Local News
At the adjourned licensing session held at Seabrook on Friday,
Mr. Charles Robert Quested applied for a provisional licence for a public house
to be erected on a site abutting to Church Road. Mr. Minter supported the
application, and Mr. Mowll opposed on behalf of the White Lion Inn. There was
also an application by Mr. Robert Lanergan for a provisional licence for a
public house proposed to be erected at the junction of Queen`s Road and Church
Road. The latter, it will be remembered, was supported by a resolution of the
District Council. After a good deal of evidence, and some very long arguments,
the Bench granted the application of Mr. Quested, but declined to grant that of
Mr. Lonergan.
Note: I believe Quested`s application will become Victoria (2)
Folkestone Up To Date
7-10-1899
Local News
The decision of the Cheriton Urban District Council at its
last meeting to favour the application of Mr. Lonergan, one of their own
members, with reference to his application to the Cheriton Licensing Bench for
a licence, met with a rather rough rebuff from Mr. John Minter, of Folkestone,
on the occasion of his appearing to represent local interests.
The case for Mr. Lonergan was that it would be more to the
advantage of the district as a whole that a licence should be granted to a
house at the junction of the Queen`s and Church Roads, but it is always a
difficult thing for a local body to interfere in questions of transfer from one
public house to another. There is no doubt, however, that the members who voted
in favour of bringing influence to bear on the Magistrates intended to act in
the way best calculated to further develop the district.
Summary of Cheriton News
The little difficulty as to who was to have the licence
which it was expected would be ussued in place of the licence of the Unity
public house, which is coming down, was disposed of in favour Mr. Quested, the
application on behalf of Mr. Lonergan, the well-known Clerk to the Board of
Guardians, for a licence for a place at the corner of the Queen`s and Church
Roads being refused.
Licensing
The Adjourned General Annual Licensing Meeting was held on
Friday last at the County Police Station, Seabrook, before Messrs. Brockman,
Day (Mayor of Hythe), Wightwick, A.S. Jones, Capt. Smythies, Capt. Baldwin, and
Dr. Lovegrove. The chief business of interest was the application by Mr.
Charles Robert Quested for a provisional licence for premises to be constructed
abutting to Church Road, and a like application by Mr. Robert Lanergan for
premises to be built on the junction of Queen`s Road and Church Road.
Mr. J. Minter appeared for Mr. Quested; Mr. F. Hall for Mr.
Lonergan; and Mr. Mowll for the owners and occupiers of the White Lion,
Cheriton.
Mr. Minter, in the course of his remarks on behalf of Mr.
Quested`s application, referred in caustic terms to a resolution with regard to
the licensing recently passed by the Urban District Council of Cheriton. He
said that he had noticed that the Cheriton Council had been taking some extraordinary
proceedings at their meetings, and he understood that Mr. James, the Clerk, was
here to oppose the application.
Mr. James: I put in the resolution of the Council. I am not
here to oppose.
Mr. Minter said that Mr. James was going to put in an extraordinary
resolution.
Mr. Wilks said that a copy of the resolution and a letter of
Mr. James had been sent to him.
Mr. Minter said it was a most improper and scandalous
proceeding, such as in the course of 50 years` experience he had never heard of
before, but he was not at all surprised at it, when he read the nature of the
resolution which they had presumed to pass, and which they had had no power to
do. It was totally illegal, and it had been passed really in the interests of
one of the members of that Council, and he had never seen such a scandalous
proceeding. The resolution was, to a certain extent, a work of art. It showed
that they must have been studying the Transvaal matters a good deal, and they
had come to the conclusion that they were an independent and sovereign state.
(Laughter) They issued their ultimatum to a Bench of Magistrates – (Laughter)
to tell them not to grant the application of Mr. Quested, but they were to
grant the application of one of their own body, Mr. Lonergan, who was a member
of the Council, and present at the meeting. Where were they to stop if a body
like the Urban Council of Cheriton would so act in the interests of one of
their own members (Mr. Lonergan) as to pass a resolution to suggest to the
Magistrates that they should grant the licence to him? Certainly the Cheriton
Council had immortalised themselves. (Laughter) They would go down to posterity
– (Laughter) as one of the most extraordinary bodies of men that were ever
created. (Loud laughter) He was afraid that it did not show that they were
worthy of being entrusted with the powers which the Local Government Board had
given them. (Laughter) Mr. James did not hesitate to attend, notwithstanding
that he must know that it was a most illegal act on their part to have passed
this resolution. (Laughter) With regard to the Unity Inn, Mr. Minter said it
was known that that house had been sold to the War Office, and the Camp was
going to be extended. He alluded to the marvellous extension of Cheriton, and
the extensive building operations going on. He understood that Mr. Mowll, on
behalf of Messrs. Beer, the landlords of the White Lion, was there to oppose.
It was simply a trade and selfish opposition. The White Lion had been rebuilt
to the benefit of Messrs. Beer, but at the same time that did not get away from
the fact that they were out of an easy distance of the people who were living
near the site of the house to be erected, and for which he was applying for the
provisional grant.
Mr. Wilks, architect, gave evidence as to the plans and the
number of houses in the neighbourhood. He stated that building operations were
going on very fast indeed; also that in his opinion the site was a suitable and
proper one for the erection of a house. The estimate of cost was £2,000.
Mr. Percy Greenstreet (an Overseer) stated that he resided
at Cheriton and was a member of the Council. (Laughter)
Mr. Minter: I hope you won`t be offended by what I just
said. (Laughter)
Mr. Greenstreet (continuing) said that the population of
Cheriton was well over 3,000. Houses were increasing very rapidly on the south
side of the railway. The rateable value had increased very much indeed within
the last three years. He believed that the rateable value had almost doubled
recently. At the present moment he believed that it was well over £15,000.
Building operations were still going on, and there seemed to be no limit to
them.
Mr. George Conley stated, with regard to the number of
houses near Mr. Quested`s site, that he had been round to count them. On the south
side, including 55 for Horn Street, there were 123. There were buildings going
on close to the site. He considered it a very admirable site, and thought that
a second licence was required.
Mr. F.W. Solley also considered that this was a proper site.
He thought that another fully licensed house was required.
The Rev. R.E. Johnston: Do you hold any official position in
the parish?
Witness: Not at all.
Mr. Minter: You are not one of the immortalised Council, I
expect? (Laughter)
Mr. Quested (the applicant) gave formal evidence.
Mr. Mowll here said that he had a couple of witnesses.
Mr. W.J. Jennings gave evidence as to a plan, which showed
every house erected or in the course of erection. He stated that the old White
Lion had been demolished and a large building had been erected instead. Nearly
all the houses were within a convenient distance of either the Unity or the
White Lion. The White Lion was enlarged for the better accommodation of the
public.
Mr. G.D. Wood, managing director of the Cheriton Omnibus
Company, stated that in his opinion it was the worst thing that could happen to
have a public house outside the stable gates. He had great difficulty now. He
did not think it was required. He would rather not have one.
By Mr. Minter: All stablemen were in the habit of drinking
when they got the opportunity. He did not mean to say that his men were worse
than others.
Mr. F. Hall then addressed the Court on behalf of Mr.
Lonergan. He observed that the applicant in this case was the owner of the Oaks
Estate, which he purchased from Mr. Minter. Feeling that some time, sooner or
later, a licence would be granted, he, being the owner of so much land, had
made this application, not in the ordinary sense as a brewer or brewer`s
tenant, but as the owner of the property. This house would not be in any sense
a tied house. As to the opposition, he said that the White Lion was a veritable
Klondyke – (laughter) – and he had no doubt far and away the best house that
Messrs. Beer had. He could not understand the nature of Mr. Johnston`s
cooperation, that he should be present to assist the brewers in protecting
their interests and creating a gigantic monopoly. The Bench must come to the
conclusion, as they had twelve months before, that the existing licensing accommodation
was not adequate for the population. He would put in a memorial signed by 122
people in Cheriton, including the Chairman of the Urban District Council and
members of it. His friend Mr. Minter had alluded to the Council in not very
complimentary terms. He did not hold a brief to defend them, but the Council
did not attempt to dictate to the Bench. They simply passed a resolution that
the Council were of opinion that if the justices considered it expedient to
grant a fresh licence, preference should be given to the site at the junction
of Queen`s Road and Church Road. He was surprised somewhat to hear his friend
anathematising them. Perhaps he had been wrapt up in the doings of Tommy
Atkins, and his martial spirit was excited. (Laughter) He suggested that there
had been no dictation.
Superintendent Hollands stated that he was directed by the
Chief Constable to oppose the application.
Mr. Wilks produced plans and gave evidence as to the
accommodation of the house.
Mr. Lonergan, the applicant, in the course of his statement,
said that he bought 13 acres, and was developing it for building. The houses
let before they are finished. He made his application on purpose to have
control of the house near him. He was speaking as the owner of the houses. He was
not going to make anything out of it.
By Mr. Minter: He had no intention of keeping the house
himself. If he had a veru good offer he would not sell it. He would not do so
at any price; it would spoil his property. The class was not that of people who
would drink beer and want controlling.
Mr. Minter: You are a member of the celebrated Cheriton
Council? (Loud laughter)
Mr. Lonergan, continuing, said that there was nothing on the
agenda about the resolution. He was present. He did not produce his plans until
the motion was brought forward.
Mr. Minter: It came as a surprise to you. (Laughter)
Mr. Lonergan said it did. They had power to pass such a
resolution.
Mr. Shead was the next witness. He mentioned that he
obtained signatures for the memorial.
Mr. Minter: You were employed to do it?
Witness: No, sir.
Was it out of love for Mr. Lonergan? – I suppose it was.
(Laughter)
Who asked you? – Not Mr. Lonergan.
Who did? – That has nothing to do with you, sir. (Laughter)
Who asked you to get this memorial signed? – One of Mr.
Lonergan`s men.
Mr. Cust deposed that, in his opinion, there was necessity
for a fresh licence, and Mr. Lonergan`s site was the best, being more central.
Mr. Mowll and Mr. Bannon addressed the Bench subsequently.
The latter contended that no-one had the authority to state that the Unity
would be taken down and destroyed by the War Department. The Rev. R.E. Johnston
and the Rev. F.D. Hodgson also opposed the application.
The Chairman, after a short interval, announced that the
Bench granted Mr. Quested`s application, as they considered the Unity would be
done away with by the War Office. The other application would be refused.
Folkestone Express
21-10-1899
East Kent Quarter Sessions
Mr. C.F. Gill, Q.C., and Mr. G.F. Hohler, applied for the
confirmation of a licence granted by the Justices of the Elham Division to
Charles Robert Quested in respect of premises at Cheriton. This was unopposed
and confirmed.
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