Folkestone
Chronicle 26-9-1891
Saturday, September 19th: Before F. Boykett
Esq., Major Poole, and W.G. Herbert Esq.
Frank Stockton, landlord of the Agnes Inn, was summoned
for allowing liquor to be consumed on the premises by William Finch on the 12th
inst., he not being licensed to sell beer for consumption on the premises.
P.S. Lilley said he watched the Agnes Inn on Saturday
morning in company with Sergeant Swift. At 10.50 he saw four men enter the
house. They remained about two minutes and then they all came out. One went
away, and one brought out some liquor in a pot. All three of them drank it on
the footway. They were about two feet from the door. The man took the pot back
and they went away. At 11.25 he saw a man enter and come out with a pint pot.
He stood on the footpath, leaning against the wall, and drank the contents. He
afterwards took the pot back. At 11.50 he saw a carter named Kennett draw up at
the door.
Mr. Hall, who appeared for defendant, objected to such
evidence. It had nothing to do with the charge.
Mr. Bradley: I suppose he is leading up to Finch.
Mr. Hall: Well, I must object to it.
Mr. Bradley: He is entitled to state what he saw.
Witness, continuing, said he went into the house with
Swift and called for two bottles of ginger beer. He was served by Mrs.
Stockton, and whilst they were drinking it a man named Finch came in and called
for half a pint of porter with a bottle of ginger beer mixed, and half pint of
beer in another pot. It was drawn by Mrs. Stockton. Finch nodded to her and
said “That`s to me”. She replied “All right”. Finch took them outside and he
and another man drank them on the pavement, close to the door. Kennett brought
his pot back and put it down on the counter. Witness took it up and said to
Mrs. Stockton “This man has had a pint of beer in this?” She replied “No, half
a pint”. Witness told her they were two police officers, that they had been
watching the house, and that they should report her for allowing drink to be
consumed on the premises. She said “No. They have all had it outside”.
By Mr. Hall: We watched the house from a lodge about
fifty yards from Wiltie Lane. The other men might have drunk ginger beer. Finch
did not close the door when he went out. It was a double door and one was open.
They stood close outside. There was a window to the door. Defendant`s wife was
about five feet in height, and he would hardly think she could see anyone on
the pavement. There was a private road at the side of the house, and there was
a considerable amount of building going on close by. There was no blind to the
window.
Mr. Hall: But the door was shut, wasn`t it?
Witness: I could see through the window.
P.S. Swift corroborated the evidence of the last witness,
and in answer to Mr. Hall, said there was a small red blind on the window of
the door – about eight inches deep. He should think Mrs. Stockton could see
over that.
William Finch, a bricklayer`s labourer, said he was
working on some buildings opposite the Agnes Inn. He was in the habit of
getting beer and ginger beer from the Agnes. He fetched it in his own pot. He
fetched some on the 12th inst. There were two men present who said
they were police officers. Witness went out and shut the door after him. He
would swear that. He and Handford went to the gate, which was lettered “Private
Road”, and drank the liquor. He was positive about that. It took him about a
minute and a half to drink it. It did not take a working man long to drink a
pint of beer when he was dry. (Laughter) The policemen were false-speaking men.
They couldn`t have seen them drinking because they were ten feet away from the
door. They must have seen through a brick wall if they did. It was drunk on the
private road which the owner could lock when he liked.
Harry Handford, a carter, said he was employed on some
new buildings near the Agnes Inn. He often had beer from the Agnes. It was
generally taken across to the buildings. Witness drank the beer near the gate
on the private road. There was a barrier across the road, and it had a lock and
key to it. It would not have been possible for anyone to see them drink the
beer from the bar.
George Belgrave said he was a brewer, and owner of the
house. The road in question had nothing whatever to do with the Agnes Inn. Mr.
John Norrington claimed it as his private property, and objected to his tenants
using it.
Mrs. Annie Stockton said the workmen frequently sent
across for beer, and when she served Finch she did not know where he was going
to take it. The road was a private one, and she had seen the barrier put
across.
According to the Act no person is allowed to consume
liquor on the premises or on the public highway adjoining, or near the premises
with the knowledge and permission of the landlord.
Mr. Boykett said the Bench preferred to believe the
evidence of the policemen, and fined defendant £2 10s. and 14s. costs, and
ordered the licence to be endorsed at once.
Mr. Hall said he hoped the Bench would reconsider the
matter of the licence. It would be very hard on Mr. Belgrave.
Mr. Boykett said there would be no change of decision.
At the Police Court on Wednesday Mr. Hall gave notice
of appeal, which will be heard at the next Quarter Sessions.
Folkestone
Express 26-9-1891
Saturday, September 19th: Before The Mayor,
H.W. Poole, F. Boykett and W.G. Herbert Esqs.
Alfred Stockton was summoned for selling liquor to
William Finch to be drank on the highway outside his premises, he not being
licensed to sell beer for consumption on the premises.
Sergeant Lilley said on Saturday the 12th he
watched the Agnes Inn, Broadmead Road. At 10.50 he saw four men in the house,
who remained two minutes. They all came out, and one went away. One man took
something out in a pot and the three that remained stood on the footway and
drank from it. They were only a foot or two from the doorway. The man took the
pot back and left it. At 11.25 he saw another man enter, come out with a pint
pot, stand on the footway, leaning against the house, and drank from it, returning
with the pot to the house. At 11.50 he saw a carter named Kennett draw up.
Mr. Hall objected to any evidence, except as it related
to Finch.
Witness said Kennett came out with a pint pot. He and
Sergeant Swift then entered the house, called for two bottles of ginger beer,
and drank them. While they were there, William Finch came in and had a pint of
beer and half a pint of porter and a bottle of ginger beer mixed. It was drawn
by Mrs. Stockton in two pint pots. Finch nodded and said “That`s to me”. She
replied “All right”. Finch took them outside and drank them with another man
outside the door. Kennett brought his pot back and set it down on the counter.
Witness took it up and said to Mrs Stockton “This man has had a pint of beer in
this jug”. She said “No, half a pint”. He told her they were two police
officers who had been watching the house for some time, and she had been
allowing drink to be consumed on the premises. She replied “No, they have all
had it outside”.
By Mr. Hall: I was in a lodge 50 yards from the houses
in Wiltie Lane. Finch did not close the door when he left.
Sergeant Swift corroborated Lilley`s statement.
In reply to Mr. Hall, both the sergeants said Mrs.
Stockton could see the men drinking, as the door was half open.
Mr. Hall contended that there was no offence on the
part of the defendant, and called William Finch, a bricklayer`s labourer, who
said he was working on some new houses alongside the Agnes Inn. He was in the
habit of fetching beer from the Agnes in his own pot. On Saturday he fetched a
pint of beer and porter. Two men were in there. He took the beer away and drank
it on private premises. He shut the door when he left. He drank the beer about
ten feet from the premises, where there is a gate marked “Private Road”. He was
about a minute and a half drinking it. It did not take a working man long to
drink a pint of beer when he was dry. (Laughter) It was impossible for the
police sergeants to see him drink the beer unless they could see through a
brick wall. When he took the jugs back, the constables asked his name, and he
told them. It was from eight to ten feet from the high road, and they leaned on
a gate and drank the beer. One pot was his own, and the other the landlord`s.
Henry Handford, a carter, said he was employed at the
new buildings near the Agnes Inn, and from time to time had beer there. Most of
the beer was brought across to the building. On Saturday he saw Finch bring out
some beer across the road to the wall, into a private road where there was a
bar. No-one in the inn could have seen them drinking the beer.
Mr. George Belgrave, brewer, owner of the Agnes Inn,
said the road was private property, belonging to Mr. John Norrington, who had
objected to his tenant using the road.
Mrs. Stockton, wife of defendant, said she did not see
Kennett drink the beer with which she served him. If he had stood on the
pavement in front of the open door she would have seen him.
Mr. Boykett, as Chairman, said the Bench received the
evidence of the two police sergeants as positive, and they therefore came to
the conclusion to fine the defendant in the mitigated penalty of 50s. and 14s.
costs. They also endorsed the licence.
Mr. Hall appealed to the Bench to alter the latter part
of the decision, but they declined.
Wednesday, September 23rd: Before J. Clark, J. Holden,
H.W. Poole, W. Wightwick, F. Boykett and J. Pledge Esqs.
Adjourned Licensing Day
The Conviction of Stockton
Notice of appeal against the conviction in the case of
the Agnes Inn having been given, Mr. Belgrave entered into recognisances to pay
the costs.
Southeastern Gazette
29-9-1891
Local News
On Saturday a
peculiar case under the Licensing Act was heard before the Folkestone
magistrates, when Mr. Stockton, the landlord of the Agnes Inn, was summoned for
allowing beer to be consumed on the premises, the defendant only holding an
off-licence.
The house was
watched by two police officers, who stated that a man named Finch purchased a
pint of beer, took it outside the
premises and drank it on the
pavement. The clause under which the proceedings were instituted states that no
liquor shall be drunk on the premises or on the public highway near or
adjoining.
Finch and three
other witnesses were called, and stated
that that the liquor was drunk on a private road adjoining the house.
The Chairman (Mr.
Boykett) said the Bench were disposed to believe the evidence of the two
policemen in preference to that of the defendant’s witnesses, and imposed a
fine of 50s. and 14s. costs, at the same time ordering the licence to be
endorsed. There had been no previous conviction against the defendant, or in
respect of the house, and the judgment created considerable surprise.
Folkestone
Visitors` List 14-10-1891
Quarter Sessions
The Quarter Sessions on Monday occupied seven hours –
an unusual time for Folkestone.
An appeal was heard by the Recorder against the
judgement of the Borough Magistrates in the conviction of Mr. Stockton,
landlord of the Agnes beerhouse, which has an off licence, for allowing beer to
be drunk on the premises. Mr. Hume William was for the appellant, and Mr. Glyn
supported the conviction, which rested upon the evidence of Police Sergeants
Lilley and Swift.
For the appeal there was considerable evidence adduced,
which was in direct conflict with the facts sworn to by the police. The
speeches of the learned Counsel occupied some time, and the Recorder reserved
judgement until this (Wednesday) morning at ten o`clock.
Mr. Hume Williams said that he would be unable to be
present, but in a certain contingency he asked that a case might be stated, so
that the appellant might take it to a higher Court.
Sandgate
Visitors` List 16-10-1891
Quarter Sessions
Monday: Before J.C. Lewis Coward Esq.
An appeal against the conviction recorded against him
for allowing beer to be consumed on the high road outside his premises was made
by Alfred Stockton, holder of the licence of the Agnes Inn. The grounds on
which the appeal was based was that the beer was drunk on a private road, and
not on the pavement outside the house. A lot of contradictory evidence was
given, and the Recorder reserved his judgement till Wednesday, when he gave
judgement, upholding the decision of the justices.
Folkestone
Chronicle 17-10-1891
Local News
At the Folkestone Quarter Sessions on Monday, before
the learned Recorder (J.C. Lewis Coward Esq.), the appeal against the decision
of the Borough Justices in the case of the Agnes Inn came on for hearing. Mr.
Hume Williams appeared on behalf of the appellant, and Mr. L. Glyn represented
the respondent justices, who, on the 19th of September, fined the
appellant fifty shillings and ordered the licence to be endorsed.
The case was briefly opened by Mr. Williams, and Mr.
Glyn remarked that Alfred Stockton held an off licence in respect of the Agnes
Inn – that was to say, a licence to sell beer not to be drunk on the premises.
The charge against him was that he had, contrary to the Act of Parliament, sold liquor to a person named Finch, who
drunk the contents of the pot immediately outside of the premises and on the
highway. The old section of the Act did not stop people from drinking outside,
but it was thought necessary to alter it, and it now stated that if any person drank
it on the premises, or on the highway adjoining or near the highway, with the
privity and consent of the landlord, he would be subject to the penalty. It was
necessary for him to prove the sale and that it was consumed either on the
premises, or near the premises adjoining, and also with the privilege of the
holder of the licence, or the manager, which, in this case, was the holder`s
wife. If the justices believed the evidence of the policemen they were bound to
convict the defendant, and he should contend that Mrs. Stockton wilfully closed
her eyes to the fact that the liquor was being drunk on the highway.
Police Sergeant Lilley was then called and stated that
he watched the Agnes Inn on the 12th of September, in company with
Sergeant Swift, in plain clothes.
Mr. Williams said he presumed the officer was going to
give evidence as to four other people who entered the house. He contended that
it could not be given as evidence against Finch. There was a specific, plain
charge of unlawfully selling beer to Finch, knowing that he was going to
consume it on the premises.
Mr. Glyn contended that it ought to be given as
evidence.
The Recorder said he was anxious not to exclude
evidence which showed privity and consent on the part of the publican. He was,
therefore, of opinion that it should be allowed.
Sergeant Lilley then went on to state that at 10.50 he
saw four men enter the house, remain about ten minutes, and then brought some
liquor out in a pot and drank it on the footway close to the door. At 11.25 he
saw another man enter and come out with a pot. He stood against the wall of the
house, close to the doorway, and drank it. He then took the pot back. Witness
afterwards saw a carter named Kennett enter. He came out with a pint pot, and
drank a portion of it on the footway close to the door. Before he had finished
witness and Swift entered the house. Mrs. Stockton was behind the counter. She
could have seen him if she liked. The door was about two feet from the counter.
Witness called for two bottles of ginger beer. Whilst they were drinking it
Finch came in. He called for a pint of beer and porter, and half a pint of
porter and a bottle of ginger beer mixed. It was drawn and served by Mrs.
Stockton in two pint pots. Finch took them out on the footway, and he and
another man drank them. Mrs. Stockton could see what they were doing. Kennett
then came in and set the pot down on the counter. Witness said to Mrs. Stockton
“We are police officers. You have been allowing beer to be consumed on the
premises”. She said “No; outside”. It was not true that they consumed it round
by the private road.
By Mr. Williams: They were watching from a lodge about
sixty yards from the house. It belonged to Mr. Simpson, but he did not tell Mr.
Simpson`s daughter that there had been a robbery at the harbour and he wanted
to keep his eye on someone from the lodge. Kennett stood partly in the doorway
when he drank the beer. Finch and the other man drank at the right hand corner
of the door. Finch was employed on some buildings opposite. There was a small
red blind about eight or nine inches deep above the woodwork of the door. The
woodwork was three feet deep. Mrs. Stockton stood behind the bar. It was a
general shop.
Police Sergeant Swift was called and said he
corroborated the evidence of Lilley.
By Mr. Williams: Kennett was leaning against the half
door, which was closed.
That was the respondent`s case.
William Finch was then called and stated that on the 12th
of September he was working on some houses that were being built opposite the
Agnes Inn. Twelve o`clock was his dinner hour, and he was in the habit of
sending over to the Agnes Inn for beer. He fetched the beer in pots of his own.
On the day in question he went to get a pint of beer and porter and half a pint
of porter and ginger beer mixed. A friend named Hanford waited outside in the
private road, leaning against the gate, which parted the private road. He
joined Hanford there. He did not drink any of it until he got to Hanford. They
were about eight or ten feet from the public highway.
By Mr. Glyn: It was more convenient for him to drink it
in the private road. He shut the door of the Agnes Inn when he came out and
opened it when he went back.
Henry Hanford said he was a carter, employed on the
same buildings as Finch. Finch went into the Agnes Inn and purchased some beer.
He waited in the private road whilst he fetched it and they drank it together.
It was false to say Finch drank it on the pavement.
By Mr. Glyn: Did not know it was an offence to drink it
on the pavement.
Mr. Neil Murray said he was a civil engineer. He was
the owner of the houses being constructed opposite the Agnes Inn. Finch was in
his employment as a labourer. He remembered being on the buildings on the
Saturday in question and had a conversation with Finch when he came back from
the Agnes Inn. He saw Finch go into the house and noticed Hanford standing just
inside of the private road. He saw Finch come out of the Agnes Inn. He was not
sure that he had anything in his hand. He went up by the side of the private
road and he saw them drinking something. Finch did not stop on the pavement. He
walked straight to the private road. If he had stopped and drunk anything on
the pavement he must have seen him. Witness was on the scaffolding of the
building and had a clear view.
By Mr. Glyn: He was not called before the justices. He
knew that Stockton would be charged because his man had been summoned. He knew
what the charge would be, but he did not care to interfere with matters that
did not concern him. He certainly did not care to interfere with such things
until he was asked. He remembered the day quite distinctly, because when Finch
came back from the Agnes Inn he said he had had a row with the constables. At
quarter to one on the same day he went over to the Agnes Inn and also had a
conversation with Mrs. Stockton. The other day Mrs. Stockton spoke to him about
the matter. He told her what he knew, and she communicated it to her solicitor.
Mrs. Stockton, the wife of Frank Stockton, said she
remembered the policemen going to her house on the 12th of
September. She did not see the men drink the beer on the pavement and did not
know where they were going to drink it. She did not see Kennett drink it
against the door. She would have seen him if he did. She thought Finch was
going to take it over to the building. It was not drunk outside of the door.
By Mr. Glyn: She did not know it made any difference
whether it was drunk on the public highway or in the private road so long as it
was taken out of the house.
By Mr. Williams: They did not do it by my leave.
This was the case and the Recorder said he should
withhold judgement until Wednesday.
Mr. Williams said if the case went against him he
should ask the Recorder to state a case.
The case was resumed on Wednesday, when the Recorder
delivered judgement at great length. Having repeated the evidence of the
witness Lilley, he remarked that he had considered the facts very carefully,
and although it came before him as an appeal it was a re-hearing of the case. He
attached much importance to the evidence of the police sergeants. He was unable
to credit the evidence of Finch. He was asked why he went into the private road
and he said the reason was that he was afraid of being run over. Such a
statement discredited the evidence he gave. The same observation applied to
Hanford. He said the beer was taken to the private road in order to be drunk
off the premises, and subsequently said because the gate was open. As regarded
Mr. Neil Murray it was evidence of a cogent and important character. He was a
civil engineer and the owner of the houses then being constructed. He said that
he saw the man Finch drinking in the private road and that he had a
conversation with Mrs. Stockton at the Agnes Inn. He was aware, on the 12th
of September, of the nature of the charge, and yet he considered the interests
of justice were best served by him staying away. He disbelieved the evidence of
Mr. Murray and believed the police sergeants. He (the Recorder) was unable to
yield to the argument of counsel with reference to Mrs. Stockton not knowing of
it. She said herself, in cross-examination, that she knew that people had been
in the habit of drinking beer on the pavement outside, but she did not know it
was an offence. She thereby admitted that she knew people were in the habit of
drinking beer on the pavement, but her ignorance of the law was no excuse. In
the face of evidence of that kind it was impossible for him to come to any
other conclusion but that Mrs. Stockton was aware that drinking was going on
outside the premises. He, therefore, affirmed the conviction. The justices were
quite right, and he dismissed the appeal, with costs.
Mr. F. Hall, who instructed Mr. Williams, asked the
Recorder to state a special case on two grounds, viz., “That legally there was
no evidence to show that such liquor was consumed by the said William Finch on
the highway with the privity and consent of Stockton. The second point would be
as to the reception of evidence. That evidence of other cases ought not to have
been admitted of other persons than William Finch.”
Mr. Minter, on behalf of Mr. Glyn, asked the Recorder
not to state a case. The only ground upon which they could have asked was upon
a point of law, but no point of law arose. The question as to the privity and
consent of Mrs. Stockton was a question of fact. The other ground, viz., the
acceptance of facts of other cases, that would be a point of law, and upon that
the Recorder would be able to state a case, but upon the finding of the Court it
was not wanted.
Mr. Hall said he was rather surprised that objection
should have been taken, because his counsel distinctly asked for a case to be
stated if it went against him. With regard to privity and consent, he contended
that it was a point of law.
The Recorder said he would state a special case.
Folkestone
Express 17-10-1891
Quarter Sessions
Monday, October 11th: Before John Charles
Lewis Coward Esq.
Alfred Stockton, holder of the off licence of the Agnes
Inn, appealed against the conviction recorded against him for allowing beer to
be consumed on the high road outside his premises, when he was fined 50s., and
the licence was ordered to be endorsed.
Mr. Hume Williams, instructed by Mr. F. Hall, appeared
for the appellant, and Mr. Glyn, instructed by Mr. Minter, for the respondent.
The hearing of the case, which was practically a repetition of what took place
before the Magistrates, with the addition of legal technicalities and
arguments, occupied the entire afternoon.
Mr. Glyn opened the case at some length, briefly
recapitulating the facts, and remarking that he could not conceive, if the
justices believed the evidence before them, what possible objection could be
raised. The constables were watching the house, and they might infer they had some
reason for it, or they would not have done it.
Mr. Hume Williams objected to that part of the evidence
relating to what the constables saw prior to entering the house, and was not
strictly confined to Finch`s case being admitted, but the Recorder held that it
was rightly admitted.
Mr. Glyn contended further that unless the landlord`s
wife wilfully shut her eyes, she must have been cognisant of what was going on,
and the evidence of the constables was that she could have seen Finch and his
companion drinking in the highway as near as he could possibly be to the house.
When the constables entered the house and said “You have been selling this man
a pint of beer to be drank inside”, she replied “No, outside”, showing that she
knew where it had been drank. It might be said that at the time she did not
know that she was committing an offence, but then she was bound to know the
law, and whether she knew it or not she was bound to obey it. The appellant`s
witnesses said the liquor was not drunk in the highway, but in a private road.
If that was so, he quite admitted there was no offence under the Act. The
question for the Court was which was to be believed – the evidence of the
constables or that of the appellant`s wife and the man Finch.
Sergeant Lilley repeated his evidence, which was that
he and Sergeant Swift were watching the Agnes Inn on the 12th
September, and saw several people stop, go in, come out with jugs, and drink
something. They then went in and had some ginger beer, and while they were
there Finch went in, called for a pint of beer and porter, half a pint of beer
and a bottle of ginger beer mixed, which they stood outside on the pavement and
drank.
Sergeant Swift corroborated this evidence, and both
said positively that the men did not go round the corner.
Mr. Williams put in a plan showing the position of the
Agnes Inn, and cross-examined the sergeants upon it. He then called William
Finch, who swore that he took the liquor on to the private road, whereto
Hanford was standing, and there they drank the beer, and Henry Hanford
corroborated his evidence.
A new witness was also called, in the person of Mr.
Neal Murray, of 43, Bradstone Avenue, owner of two houses being constructed in
Broadmead Road, who said Finch was in his employ as a bricklayer. He was in his
premises on the 12th September when Finch returned from the Agnes
Inn. He had gone over to Hanford, who was standing in the private road. He saw
Finch come out of the inn and go up the private road, and stood there with
Hanford drinking something. When he left the inn he did not stop and drink on
the pavement, but walked straight to the private road.
Mrs. Stockton, in the course of her cross-examination,
said she was not aware that it was an offence to allow beer to be drank
outside.
Mr. Hume William then addressed the Recorder, first on
the point whether the liquor was drunk on a private road or on the public
highway, and secondly whether ther was privity on the part of the appellant or
his wife. He asked whether the unsupported testimony of the police sergeants
was to be taken in preference to that of Mr. Murray, and the two men who were
dinking together, and whose testimony was very clear that the liquor was not
drank on a public highway. Then, as to the question of privity on the pat of the
applellant, assuming the Recorder was against him on the first point, it was
expressly laid down that the drinking must be with the privity and consent of
the person who held the licence. He cited the case of “Cross and Watts”, which
was the only conviction reported, and in which it was shown that the holder of
the licence placed a form outside for the accommodation of people, and served
them with liquor through the window.
The Recorder remarked that Mrs. Stockton admitted that
she did not know that she was committing an offence, and that she had known
beer to be drank outside.
Mr. Williams contended that she was not responsible.
None of the witnesses said that the landlady knew what was done with the beer.
Mr. Glyn replied on the whole case, and dealt with the
evidence of Mr. Murray by assuming that he had mistaken the date, and that what
he saw might have occurred on some other day.
The Recorder said he would deliver judgement at ten
o`clock on Wednesday.
Mr. Williams said, supposing the judgement to be
against him, he should ask His Honour to state a case on the points he had
raised.
The Recorder delivered judgement on Wednesday morning.
After stating the case, he recapitulated the evidence of Sergeant Lilley, as
corroborated by Sergeant Swift. Although, he said, it was suggested that there
was a conflict as to where the men were, yet he did not find that there was any
discrepancy, and it was confirmed by the evidence of Mrs. Stockton. He was
unable to credit the evidence of Finch, or that of Hanford. With regard to Mr.
Neal Murray, who swore that he saw the men go into the private road, he said
that on the same day he had a conversation with Stockton in reference to the
charge that was going to be made, and he was perfectly well aware of the nature
of that charge. Mr. Stockton was represented by a solicitor, and it was
incredible to him to suppose that if the evidence was truthful, that he would
not have been called before the justices, because there was a little bit of
paper that would have fetched him, whether he wished to come or no. The
evidence of Mrs. Stockton was strongly corroborative of Sergeant Lilley. Mrs.
Stockton said she did not know that it was an offence for beer to be drank on
the pavement, and she admitted that she was aware that people were in the habit
of drinking beer outside, but he need hardly say that ignorance of the law
could not excuse Mrs. Stockton. He commented on the case of “Bath and White”,
which had been quoted, and said that was very different, and Lords Linley and
Lopes said there was no evidence that the landlady connived, or the conviction
might have been upheld. In his judgement the facts showed that the appellant
did connive at the drinking on the highway, therefore he should affirm the
conviction by the justices, and disallowed the appeal with costs. With regard
to a special case, if application was made to him in London he would settle a
case.
Mr. Hall said he was not quite certain whether the
application should not be made to His Honour there. It was extremely likely his
client would apply for a case. It would be in no way in disparagement of His
Honour`s decision, but there were only two cases decided, and he should imagine
there was hardly any section of the statute that there was so little case law
upon, and therefore they might wish to appeal. Therefore he thought he had
better make application then on two points, first that there was no evidence to
show that the liquor was consumed by Finch on the highway with the privity and
consent of Stockton, and, second, as to the reception of evidence – that
evidence ought not to have been admitted of the sale on that day to other
persons than Finch.
The Recorder said special cases were often applied for
and the Court put to considerable inconvenience, and then the cases were never
proceeded with. On the last occasion when a case was applied for, it was never
set down. He did not know what became of it.
Mr. Minter said it was withdrawn.
Mr. Hall said subject to the opinion of counsel, he
intended to proceed with the case.
Mr. Minter appealed to His Honour not to grant a case.
It was entirely in his province. The only ground on which the appellant could
ask for a case was on a point of law, and no point of law arose. His Honour had
decided that he was satisfied from the evidence of the police constables that
the drinking took place on the highway with the privity and knowledge of Mrs.
Stockton, who was looking on. As to the evidence of other drinking, which it
was said ought not to have been accepted, that would undoubtedly be a point of
law upon which he would be justified in stating a case, but as it turned out
that evidence was a surplusage, because as a fact it was not wanted.
After further argument, His Honour said he would grant
a case – he supposed Mr. Hall was not in a violent hurry.
Mr. Bradley said six months were allowed.
Folkestone
Herald 17-10-1891
Quarter Sessions
Monday, October 12th:
An important case occupied the whole of the afternoon.
Alfred Stockton, landlord of the Agnes Inn, and holder of an off licence, was
convicted by the Magistrates, and fined 50s. for allowing beer to be drunk in
the high road outside his house. From this decision he appealed.
The Recorder delivered judgement on Wednesday against
the appellant, upholding the decision of the Justices.
Folkestone
Visitors` List 16-8-1893
En Passant
The Licensing Justices have announced through Mr.
Holden – and we suppose he was not speaking without his book on Wednesday –
that they intend to adhere to the threat they held out at the last annual
licensing meeting of reducing the number of houses, and with that determination
in view the Superintendent of Police has been requested to see the brewers and
ask them to come to some arrangements among themselves to carry this into
effect without the need of Magisterial interference.
That Folkestone, when it`s population is considered,
has quite as many houses as are necessary goes without saying, but what we
would ask is whether the peculiar surroundings of the place do not call for a
larger number than would suffice for an inland town of the same magnitude. We
cannot shut our eyes to the fact that we have the Camp close upon our borders,
and that with the shipping that comes to the harbour a large number of aliens
are imported who remain with us for longer or shorter periods.
We presume that it is intended if possible, and the
Magistrates will bear in mind that their decision can be appealed from, to
close some of what are known as low houses. If this is done what will be the
result? Why, that a state of things we now happily can keep in our alleys and
back streets will find it`s way into our chief thoroughfares, and complaints
will be doubly as rife as they are now as to ears and sensibilities being
shocked by vulgar language and rough behaviour.
We also hope the Magistrates will bear in mind that by
closing a man`s place of business they are virtually throwing him and his
family upon the parish. These small publicans do not make fortunes. They rub
along content to make a modest living, and if they are turned into the street
they are, as a rule, absolutely worthless for any other occupation.
That these measures at all promote the cause of
temperance has long ago been exploded. The working of the Liquor Laws in Wales,
Scotland, and America have proved beyond all possibility of doubt that
restriction does not mean a diminution in consumption. If men want a glass of
beer they will have it. Supposing, again, that Vegetarianism came to the front,
and it was proposed to shut up a number of butchers` shops, what would our
rulers say to that? And yet vegetarians tell us that the consumption of meat is
responsible for more crime and misery than alcohol itself.
Yet one more point. We ask the Magistrates to avoid if
they can the ill-feeling that this interference with what the people rightly or
wrongly call their liberties must entail. We have seen the attitude the trade
papers are taking up. Magistrates might think they can afford to snap their
fingers at them; but they cannot. When mud is freely thrown a certain portion
is bound to stick, and it will not add to the dignity of our rulers in their
office.
There are three applications coming forward at the next
licensing meeting which we venture to think the Magistrates will not hesitate
to grant. Messrs. Wampach and Carlo Maestrani apply for licenses to sell wines,
spirits, ales, &c., upon their premises. This does not mean the creation of
a new house, but simply granting to the visitors the convenience of being able
to be served with a glass of liquid refreshment without being subjected to the
bother and the loss of time necessitated by the present state of things, which
requires the visitor first to pay for what he wants and then to wait until it
has been fetched from a neighbouring hotel. When we look at that palatial
building, the Wampach Hotel, we should think the required permission would at
once be granted, seeing that it is really for the benefit of visitors, for whom
it behoves us to make everything as comfortable and convenient as possible. As
things at present stand Mr. Wampach would be unable to provide anyone with a
drop of brandy, however badly it may be needed, without first sending for it.
Surely this state of affairs is simply ridiculous, and only needs to be pointed
out to be remedied.
The third application is by Mr. Edward Bayliss, of the Agnes
Inn, 15, Broadmead Road, for an indoor licence. Here again we venture to think
the Magistrates will turn a friendly ear. Mr. Bailey is a very respectable man,
his house is situate a long distance from any other, and there is no doubt that
in that rapidly growing district the public, and it is they who have to be
considered, not private leanings, demand it. If it is granted, we venture to
say that before long a first class hotel will rise up in the place of the
present inn which shall be an ornament to that part of the town.
Folkestone
Chronicle 26-8-1893
Licensing Sessions
The Folkestone Licensing Sessions was held on
Wednesday, the Magistrates present being Mr. J. Clarke and Messrs. Boykett,
Fitness, Pledge, Holden, Hoad, Wightwick, and Poole.
The Opposed Licenses
Immediately on the court being opened, Mr. E. Worsfold
Mowll said before the business commenced he would like to mention that in the
cases of the 13 licenses which had been objected to by the Superintendent of
Police, he was associated with Mr. Minter and Mr. Mercer, of Canterbury, in
supporting the renewals on behalf of the tenants and owners of the houses. It
had been utterly impossible within seven days to prepare the facts which it
would be necessary to place before the Bench before they came to a decision in
the matter, and his application was that the Bench would fix a special day for
the hearing of these cases – say the 15th of September. No doubt it
would take the Bench the whole of the day, and possibly they would have to
adjourn until the following day as well, because although the same principle
might be involved, the facts connected with each licensed house would have to
be gone thoroughly into before the Magistrates. He saw Mr. Bradley late on
Saturday night, and he said that under the circumstances and looking at the
mass of facts and figures it would be necessary to put before the Bench, he did
not think there would be any objection to the adjournment.
The Chairman said the Bench would accede to the
request, and a special sitting would be held on the 13th September
at 11 o`clock.
The Superintendent`s Report
Superintendent Taylor then read his report as follows:
In accordance with your instructions I have the honour to report that the
number of licenses granted at the general annual licensing meeting, 1892, was
130, these consisting of 82 full ale-house licenses, 12 beer-house on and six
off, the remainder being wine licenses to refreshment houses, strong beer and
spirit licenses and grocers` licenses. The bulk of the public house and beer
house licenses are granted in respect of premises situate in an area bounded by
South Street, High Street, Dover Road, and the sea front. No full licence has
been granted for many years, the last beer-house licence being granted in 1886,
to premises situate in Westbourne Gardens. Acting upon the intimation given at
the last annual licensing meeting in 1892, and renewed at the special sessions
held on the 9th instant, I have given notice of objection to the
renewal of the licenses of the Queen`s Head, Royal George, Victoria, Jubilee,
British Colours, Granville, Harbour, Tramway, Cinque Ports, Folkestone Cutter,
Ship, Wonder and Oddfellows. With the exception of the Harbour, Jubilee,
Victoria and Ship I have at former licensing meetings opposed the renewal of
the licenses of these houses. The general grounds of the objection to the
renewal of these licenses are that none of these houses are required for the
accommodation of the public within the boundary referred to, and evidence will
be given as to the number of licensed houses within a short distance of those
objected to. The second ground is that the houses have for some time been
conducted in an unsatisfactory manner, but this does not apply to the Jubilee,
Victoria, Ship or Harbour. With reference to the necessity of these houses it
will be found in Harbour Street there are four ale-houses and beer-houses, in
Beach Street seven, in Radnor Street eight, Dover Street five, South Street
two, and Seagate Street three.
The Chairman: Mr. Superintendent, I am requested to
give you the thanks of the Committee for this report. You have only been acting
under the direction of the Licensing Committee, and we all feel obliged to you
for the trouble you have taken.
Mr. Boykett: Very much obliged.
Application Adjourned
At the request of Mr. Mowll the application for a new
licence by Mr. Bailey, of the Agnes Inn, was allowed to stand over until the
adjourned session on the 27th September, the other legal gentlemen appearing
therein concurring with the arrangement.
Folkestone
Express 26-8-1893
Annual Licensing Meeting
Wednesday, August 23rd: Before: J. Clark,
W.H. Poole, J. Holden, F. Boykett, J. Fitness, W. Wightwick, J. Pledge, and J.
Hoad Esqs.
The solicitors present representing the owners and
tenants were Mr. W. Mowll, Mr. J. Minter, Mr. F. Hall and Mr. Mercer, and Mr.
Clarke-Hall (barrister) and Mr. Montague Bradley for the opponents.
Mr. Mowll, at the opening of the Court, said: Might I
mention before the business commences that there are 13 licenses that have been
objected to by the Superintendent of Police. I am associated with my friend Mr.
Minter, and my friend Mr. Mercer, of Canterbury in supporting the applications
for renewals on behalf of the owners of these 13 houses. I have an application
to make to you. It has been impossible in the short space of seven days to
prepare facts and call witnesses with regard to those houses which have been
objected to, and upon which I shall claim your judgement. And my application is
that you will be kind enough to adjourn these 13 cases until Wednesday the 13th
September – to fix a special day in fact. No doubt it will take the Bench the
whole of the day, and perhaps an adjournment day as well, to hear the cases. Because,
although the same principle may be involved, the facts connected with these
licensed houses may be different, and I shall have to give evidence with regard
to each house. I have spoken to my friend Mr. Bradley, and asked him whether,
under the circumstances, he saw any objection, and he said “No”. I may at once
state that the houses objected to are the Jubilee, Radnor Street; the Harbour
Inn, Harbour Street; the Tramway Tavern, Radnor Street; the Granville, Dover
Street; the Queen`s Head, Beach Street; the Royal George, Beach Street; the
Victoria, South Street; the Cinque Ports, Seagate Street; the Wonder, Beach
Street, the British Colours, Beach Street; the Ship, Radnor Street; the
Oddfellows, Radnor Street; and the Folkestone Cutter, Dover Street. There are
13 of them that are objected to. Although, as I have said, no doubt the same
principle is involved in all of them, yet the Bench can easily understand the
facts and statements connected with every case are different, and it is
necessary that they should be carefully and properly put before the Bench
before they give their decision.
The Chairman: Will the 13th be the
adjournment?
Mr. Bradley: No, a special day. The adjourned meeting
will be on the 27th September. Will you accede to Mr. Mowll`s application?
Mr. Wightwick: Will you make it after the 18th?
Mr. Mowll: I am in the Bench`s hands entirely as to the
day. The 13th would be the most convenient day.
Mr. Boykett: The 13th is on Wednesday.
Mr. Bradley: This day three weeks.
The Chairman: The Bench will grant your application,
Mr. Mowll.
The Superintendent`s Report
The Superintendent of Police read his report as
follows:-
“Borough of Folkestone Police, 23rd August,
1893.
Gentlemen, In accordance with your instructions I have
the honour to report that the number of licenses granted at the general annual
licensing meeting, 1892, was 130. These consist of 82 full ale-house licenses,
12 beer-house on and six off, the remainder being wine licenses to refreshment
houses, strong beer and spirit licenses and grocers` licenses. The bulk of the
public house and beer house licenses are granted in respect of premises situate
in an area bounded by South Street, High Street, Dover Road, and the sea front.
No full licence has been granted for many years, the last beer-house licence
being granted in 1886, to premises situate in Westbourne Gardens. Acting upon
the intimation given at the last annual licensing meeting in 1892, and renewed
at the special sessions held on the 9th instant, I have given notice
of objection to the renewal of the licenses of the Queen`s Head, Royal George,
Victoria, Jubilee, British Colours, Granville, Harbour, Tramway, Cinque Ports,
Folkestone Cutter, Ship, Wonder and Oddfellows. With the exception of the
Harbour, Jubilee, Victoria and Ship I have at former licensing meetings opposed
the renewal of the licenses of these houses. The general grounds of the
objection to the renewal of these licenses are that none of these houses are
required for the accommodation of the public within the boundary referred to,
and evidence will be given as to the number of licensed houses within a short
distance of those objected to. The second ground is that the houses have for
some time been conducted in an unsatisfactory manner, but this does not apply
to the Jubilee, Victoria, Ship or Harbour. With reference to the necessity of
these houses it will be found in Harbour Street there are four ale-houses and
beer-houses, in Beach Street seven, in Radnor Street eight, Dover Street five,
in South Street two, and in Seagate Street three.
I have the honour to be, Gentlemen,
Your obedient servant,
John Taylor, Supt.
To The Licensing Committee”.
The Chairman: Superintendent, I am requested to give
you the thanks of the Magistrates for that report. You have only been acting on
the directions of the Licensing Committee, and we all feel obliged to you for
the trouble you have taken and the report you have presented.
Mr. Boykett: Very much obliged.
Mr. Mowll: The Bench will not object to me having a
copy of the report. I don`t know whether the shorthand writers took it – the
Superintendent read it very rapidly.
Mr. Bradley: There is no objection to that at all.
The unopposed licenses were then granted.
New Application
Mr. Hall: I appear in support of Mr. Bailey. I may
mention that I was prepared to go into the merits of the case, but it would be
rather absurd of the Bench were to grant Mr. Mowll`s application for
adjournment and proceed with this case. I submit that there is a further ground
for granting the application. Mr. Bailey is at the present moment the holder of
a beer licence. I am not in a position today to do what I should like to have
done – to put in the plans showing exactly what is proposed to be done, and the
alteration proposed to be made, which will involve an expenditure of from £750
to £1,000. The adjournment will enable me to show your worships what we are
going to do and to put in plans in support of the application.
Mr. Wightwick expressed a hope that the adjourned
meeting would be held in the large room.
Folkestone
Herald 26-8-1893
Police Court Notes
On Wednesday morning the annual licensing meeting of
this borough was held in the Town Hall, the Bench being presided over by Mr. J.
Clark. The other Justices were – Mr. J. Holden, Mr. James Pledge, Mr. H.W.
Poole, Mr. W. Wightwick, Mr. J. Hoad, Mr. J. Fitness, and Mr. F. Boykett.
The Bench were supported by their legal adviser, Mr.
Henry B. Bradley, solicitor. It had been anticipated that the proceedings would
have been invested with a high degree of public interest and importance,
inasmuch as it had got rumoured abroad that the renewal of a whole batch of
licenses had been officially objected to. Owing, however, to an application
reported below, the question was postponed until the 13th September,
and thus the meeting was divested of the principal elements of interest that
had been looked forward to by the resident community.
There was a strong muster of solicitors. The interests
of owners and tenants were in the hands of Mr. Worsfold Mowll (Dover), Mr.
Minter, Mr. Hall, and Mr. Mercer (Canterbury). The Temperance organizations
were represented by Mr. Clarke-Hall (barrister), and Mr. Montague Bradley (of Dover).
The Black List
The following is a list, in alphabetical order, of the
thirteen houses that have been objected to, the names of the tenants being
given also:- (1) British Colours, 1, Beach Street, ---- Gatley; (2) Cinque
Ports, 2, Seagate Street, R. Weatherhead; (3) Folkestone Cutter, 24, Dover
Street, ---- Warman; (4) Granville, 63, Dover Street, F.G. Stickles; (5)
Harbour Inn, South Street, S. Barker; (6) Jubilee Inn, 24, Radnor Street, J.L.
Adams; (7) Oddfellows, The Stade, G. Whiddett; (8) Queen`s Head, 11, Beach
Street, W. Tame; (9) Royal George, 18, Beach Street, A.J. Tritton; (10) Ship
Inn, 38, Radnor Street, G. Warman; (11) Tramway Tavern, 4, Radnor Street, J.
Bayliss; (12) Victoria Inn, 26, South Street, J. Watson; (13) Wonder Tavern,
13, Beach Street, G. Laslett.
Mr. Worsfold Mowll, addressing the Justices, said: My
application this morning, sir, is that the Bench would be kind enough to
adjourn these thirteen cases until Wednesday, the 13th of September.
No doubt it will take the Bench a whole day, and possibly an adjournment as
well, to hear these thirteen cases, for although the same principle will be
involved, the facts concerning each licensed house will have to be gone into. I
saw my friend Mr. Bradley on Saturday night, and I asked him whether under the
circumstances he would object to an adjournment, and he said that looking at
the facts he would offer no objection. There are thirteen houses that have been
objected to, and although no doubt the same principle is involved in dealing with
them, yet, as the Bench can easily understand, the facts and statements
connected with each case are different, and it is necessary that they should be
very carefully prepared and put before the Magistrates for their decision.
The Chairman (after a short conference on the bench):
Mr. Mowll, the Bench will accede to your request.
Superintendent`s Report
Mr. Superintendent Taylor read his report, which was in
the following terms: Gentlemen, In accordance with your instructions I have the
honour to report that the number of licenses granted at the general annual
licensing meeting, 1892, was 130, these consisting of 82 full ale-house
licenses, 12 beer-house on and six off, the remainder being wine licenses to
refreshment houses, strong beer and spirit licenses and grocers` licenses. The
bulk of the public house and beer house licenses are granted in respect of
premises situate in an area bounded by South Street, High Street, Dover Road,
and the sea front. No full licence has been granted for many years, the last
beer-house licence being granted in 1886, to premises situate in Westbourne
Gardens. Acting upon the intimation given at the last annual licensing meeting
in 1892, and renewed at the special sessions held on the 9th
instant, I have given notice of objection to the renewal of the licenses of the
Queen`s Head, Royal George, Victoria, Jubilee, British Colours, Granville,
Harbour, Tramway, Cinque Ports, Folkestone Cutter, Ship, Wonder and Oddfellows.
With the exception of the Harbour, Jubilee, Victoria and Ship I have at former
licensing meetings opposed the renewal of the licenses of these houses. The
general grounds of the objection to the renewal of these licenses are that none
of these houses are required for the accommodation of the public within the
boundary referred to, and evidence will be given as to the number of licensed
houses within a short distance of those objected to. The second ground is that
the houses have for some time been conducted in an unsatisfactory manner, but
this does not apply to the Jubilee, Victoria, Ship or Harbour. With reference
to the necessity of these houses it will be found in Harbour Street there are
four ale-houses and beer-houses, in Beach Street seven, in Radnor Street eight,
Dover Street five, South Street two, and Seagate Street three.
The Chairman: Mr. Superintendent, I am requested to
convey to you the thanks of the Committee for your report, and we all feel
obliged to you for the trouble you have taken.
Mr. Boykett: Very much obliged.
Mr. Mowll applied that he be furnished with a copy of
the report, and the application was at once acceded to.
The remaining licenses were then renewed.
New Applications
Mr. Mowll asked that the Bench should adjourn the
consideration of a full licence to Mr. Maestrani, Mr. Wampach, and Mr. Bailey,
and the other solicitors offering no objection, the Bench fixed September 13th
for the hearing.
Folkestone
Visitors` List 30-8-1893
Police Court Notes
It was thought on Wednesday last that we were going to
have a grand field day, but everything went off in a little puff of smoke, the
contest between the landlords and their opponents being by mutual agreement
deferred until September 15th. This was done on the application of
Mr. Worsfold Mowll, who appeared for the publicans whose licenses had been
objected to, and who put it to the Bench whether it was possible in seven days
to get up all the particulars necessary to meet the objections to 17 houses
(sic). The Magistrates present were Messrs. J. Clark (Chairman), J. Holden, F.
Boykett, J. Fitness, Alderman Pledge, W. Wightwick, E.W. Poole, and J. Hoad.
Mr. Superintendent Taylor submitted the following
report, which will no doubt be read with interest: In accordance with your
instructions I have the honour to report that the number of licenses granted at
the general annual licensing meeting, 1892, was 130, these consisting of 82 full
ale-house licenses, 12 beer-house on and six off, the remainder being wine
licenses to refreshment houses, strong beer and spirit licenses and grocers`
licenses. The bulk of the public house and beer house licenses are granted in
respect of premises situate in an area bounded by South Street, High Street,
Dover Road, and the sea front. (this locality mentioned by the Superintendent
is in the immediate vicinity of the harbour, and the quarters of a considerable
fishing population) No full licence has
been granted for many years, the last beer-house licence being granted in 1886,
to premises situate in Westbourne Gardens. Acting upon the intimation given at
the last annual licensing meeting in 1892, and renewed at the special sessions
held on the 9th instant, I have given notice of objection to the
renewal of the licenses of the Queen`s Head, Royal George, Victoria, Jubilee,
British Colours, Granville, Harbour, Tramway, Cinque Ports, Folkestone Cutter,
Ship, Wonder and Oddfellows. With the exception of the Harbour, Jubilee,
Victoria and Ship I have at former licensing meetings opposed the renewal of
the licenses of these houses. The general grounds of the objection to the
renewal of these licenses are that none of these houses are required for the
accommodation of the public within the boundary referred to, and evidence will
be given as to the number of licensed houses within a short distance of those
objected to. The second ground is that the houses have for some time been
conducted in an unsatisfactory manner, but this does not apply to the Jubilee,
Victoria, Ship or Harbour. With reference to the necessity of these houses it
will be found in Harbour Street there are four ale-houses and beer-houses, in
Beach Street seven, in Radnor Street eight, Dover Street five, South Street
two, and Seagate Street three.
The Chairman explained that the Superintendent had only
acted upon the instructions of the Licensing Committee, and the Magistrates all
felt very much obliged to him for the trouble he had taken.
Mr. Holden, J.P.: Very much obliged.
The only applications before the Bench were by Mr.
Carlo Maestrani for a full refreshment house licence; Mr. C.E. Wampach for a
similar licence for a private hotel; and Mr. Edward Bailey for a full
beer-house licence to the Agnes Inn, now an off-licensed house. The hearing of
these applications was deferred till the 27th prox.
Folkestone
Chronicle 30-9-1893
Adjourned Licensing Sessions
The adjourned licensing sessions were held on Wednesday
before Mr. J. Clarke, Alderman Pledge, Major Poole, Mr. F. Boykett and Mr. J.
Fitness.
The Agnes Inn
Mr. F. Hall applied for a full licence for the Agnes
Inn, on the grounds that within the last year or two a large number of houses
have been erected in the immediate neighbourhood. Mr. M. Bradley, Mr. Blaxland,
and Mr. Hall (barrister) opposed, urging that there was no necessity.
The Bench retired shortly before four, and after an
absence of twenty minute returned, the Chairman stating that they had decided
to refuse the application.
Folkestone
Express 30-9-1893
Adjourned Licensing Session
Wednesday, September 27th: before J. Clark,
J. Fitness, J. Pledge, F. Boykett, and H.W. Poole Esqs.
The application for a full licence for the Agnes Inn
was heard, the applicant being Edward Bailey, for whom Mr. F. Hall appeared. It
was an application for a full licence, and in the alternative for a beer
licence.
Applicant said he held a licence to sell beer off. He
paid £30 a year, and the owner was Mr. Belgrave. The nearest house to it was
the Eagle, 150 yards away, and the next the Prince of Wales, 100 yards further
off. The Shakespeare was 500 yards off, and the Castle 250 yards further. In
the other direction there was no house till Cheriton was reached. He had held
the house for 22 months, and his trade had increased 20 times. He had frequent
applications for beer and spirits, especially travellers on Sundays. He put in
a memorial in favour of his application. The premises consisted of a small bar
at present. If the licence was granted the premises would be considerably
enlarged. A new estate of 100 houses had recently been built upon, and other
property had recently been built in the neighbourhood.
Mr. Bradley said the rent was said to be only £30 a
year, and that was not a sufficient qualification, and the premises were not
structurally qualified for a licence.
Mr. Bromley explained the plans which he had prepared
for the enlargement of the house. He said about £800 would be expended. House
property had considerably increased in the neighbourhood, a good class of
houses having been erected.
Mr. W.C. Hall opposed on behalf of the Vicar and
churchwardens of the parish.
Mr. M. Bradley also opposed on the ground of the
unfitness of the premises.
The Magistrates then retired to consider the application.
When they returned the Chairman said “All I have to say is that the Bench have
refused the application”.
Folkestone
Herald 30-9-1893
Licensing
On Wednesday last at the Town Hall, the licensing
Justices for the Borough of Folkestone held a court, by special appointment,
for hearing the applications for new licences. The adjudicating Magistrates
were: Mr. J. Clarke, Mr. H.W. Poole, Mr. F. Boykett, Mr. J. Fitness, and Mr. J.
Pledge, with the Justices` Clerk, Mr. Bradley.
Agnes Inn, Broadmead Road
Mr. Hall, solicitor, appeared in support of a full
licence to this house, and the application was opposed bt Mr. Clarke Hall and
Mr. Montague Bradley.
After an interval devoted to private consultation the
Justices returned into court.
The Chairman: All I have to say is that the Bench have
refused the application.
Sandgate
Weekly News 30-9-1893
Local News
An important licensing meeting was held at Folkestone
on Wednesday, when an application was made for a new licence for the Agnes Inn,
Broadmead Road.
The application was strongly opposed, and the
Magistrates refused to grant it.
Folkestone
Up To Date 5-10-1893
Hall Of Justice
Before Justices Clarke, Fitness, Pledge, Boykett, and
Poole, who sat as the Licensing Committee.
There were four applications: Mr. Maestrani, of
Sandgate Road, Mr. Bailey, the Agnes Inn, Mr. Wampach, Castle Hill Avenue, and
a public company for the proposed grand hotel on the Polo Field.
There was a very large array of counsel, solicitors,
hotel keepers, and others present. For some extraordinary reason, although the
Twon Hall was unoccupied, the cases were heard in the badly ventilated
Magistrates` Room, and all sorts and conditions of men were packed in like
herrings in a barrel. Whoever is responsible for this ought to offer some
explanation to the public.
There was a great deal of legal argument and evidence.
Mr. Poland, Mr. Minter, Mr. Hall, and others argued for
and against with very great clearness, but the Bench did not seem to pay so
much attention as the public, for they seemed to have made up their minds that
no more licenses should be granted in Folkestone, and in less than twenty
minutes during which they retired, they were able to condense, consider and
digest all the wisdom that had been demonstrated before them.
The Chairman briefly addressed the court on their
return with “All I have to say is that the Bench have refused all the
applications for licenses”.
Folkestone
Visitors` List 8-8-1894
Kaleidoscope
At the Brewster Sessions on August 29th, Mr.
Edward Bailey, proprietor of what is usually known as the Agnes Inn, will make
an application for a full licence. The inn, which at present has an off
licence, is situated in one of the most growing districts of Folkestone, and at
some distance from the town and from any other licensed house. Mr. Bailey is
well known and much respected by all classes in the neighbourhood, and his
application is strongly supported.
We have recently been informed that the Licensing Magistrates
are not guided in their decisions by public opinion, and that the act quite
independently. We fear that is in a great measure true, but it is a state of
things which the public will not allow to exist much longer. These gentlemen
are supposed to be chosen for their special fitness for the pose, and the law,
rightly, refuses to allow anyone directly or indirectly connected with the
liquor trade to sit as a Licensing Magistrate, but, unfortunately, it cannot
insure that those who are chosen are not guided in their decisions by personal
prejudices and predilections. Instead of rejoicing at the fact that the
Magistrates represent no-one but themselves, we see in this state of things a
distinct danger to the interests of the community, and a strong argument in
favour of some form of local opinion.
Folkestone
Chronicle 31-8-1894
Notes And Notions
Mr. Superintendent Taylor`s report of the working of
the licensing laws in Folkestone, presented at the Brewster Sessions on
Wednesday was eminently satisfactory. In so far as it testified to the absence
of any increase in cases attendant upon the abuse of stimulants. As Mr. Taylor
very properly pointed out, such a state of affairs is equal to a positive
decrease in these unfortunate cases when the increase in the twon`s population
is taken into consideration. True friends of Temperance must rejoice at the
steady decline of intoxication which is generally noticeable. Everything tends
to prove that alcoholic excess – terrible evil as it undoubtedly is – does not
grow greater, but rather diminishes with time. At the same time total
abstinence is probably not more general. The golden mean of Temperance is being
more and more realised. There are different reasons alleged for this
ameliorated condition of things. We, of course, have our own. Without
dogmatising, we argue that the spread of national education, the possession of
the franchise, and the permeation of practical religious truth and teaching are
responsible for the spirit of self respect and equality which keeps the masses
more and more as the years roll on from the evils of undue indulgence in
intoxicating liquors.
We do not hesitate to express our sense of warm
sympathy with the promoters of the Memorial presented before the Bench opposing
the granting of the licences for which application was made. At the risk of
incurring displeasure, we deliberately place this feeling on record. As was
said in these columns three weeks ago, the principle is worth something in the
consideration of these licensing questions. It was the evident duty of those
who signed the memorial, holding the opinions which they do upon the role in
intoxicants, not to let the Bench remain in ignorance upon their views on the
business to be brought forward. It was a duty imposed upon them both as local
ratepayers and as Temperance reformers. And the cheap sneer directed against
these signatories by the Queen`s Counsel, who supported the application, would
have been much better left unsaid. The presiding Magistrate does not, it is to
be hoped for the credit of his colleagues, possess a monopoly of the politeness
of the Bench. The memorialists, if they really meant at all to be effective,
should have secured a representation of counsel.
Licensing
The annual Brewster Sessions were held at the Town Hall
on Wednesday, when the following members of the Licensing Committee were
present: Captain Crowe, Alderman Pledge,
Councillor Herbert, Captain Carter, Mr. Wightwick, and Mr. Fitness. The only
member absent was Mr. E.T. Ward. Great public interest was manifested in the
proceedings, and the Court was unpleasantly overcrowded.
Superintendent Taylor`s Report
The business commenced with the reading of the report
of the Superintendent of Police, which was as follows:-
To the Chairman and Gentlemen of the Licensing
Committee.
Gentlemen, I have the honour to report that the number
of licences issued in the Borough is 133, of which 82 are “full”; 13 beerhouses
“on” and four beerhouses “off”; nine spirit dealers; seven wine “off”; seven
wine “on”; and nine grocers`.
In November last one publican was fined for a breach of
the Licensing Laws and the licence endorsed. Another tenant shortly afterwards
took the premises and as this and the other licensed houses in the Borough have
been conducted generally in a fairly satisfactory manner the police do not
oppose the renewal of any of the existing licences.
I have the honour to bem Gentlemen, your obedient
servant,
29th August, 1894, John Taylor, Supt.
The Chairman asked if there had been any increase in
drunkenness during the past year.
Superintendent Taylor replied that the number of cases
of drunkenness had not altered more than three or four for the last four or
five years, and when they took into consideration the increase in the
population it would be seen that there was really a decrease.
A Memorial
The Rev. Foster Jeffrey asked to be allowed to present
a memorial against the granting of the licences which were applied for.
The Chairman said he did not think the Bench wanted to
receive any memorial.
Mr. Jeffrey said he asked for the courtesy of the Bench
in this matter. A copy of the memorial had been forwarded to the members of the
Licensing Committee.
The Chairman said if it had been forwarded to all the
members that was all that was necessary. He agreed with a great deal that was
said in the memorial, but they had a great deal of business to attend to.
Mr. Jeffrey pointed out that the memorial was signed by
persons who represented the Christian communities and the Temperance bodies,
and went on to remark that he thought they already had a great deal too many
licensed houses in the town.
The Chairman: We are as thoroughly alive to the evils
of intemperance. We cannot allow you to make a speech.
Mr. Jeffrey said they also had a strong feeling that
the police had a great claim on the support of the Bench and the Watch
Committee. He then went on to read the memorial list.
The Chairman said they had all received a copy of it
and there was no occasion to read it.
(The memorial, which was extremely lengthy, was
printed, and of a purely general character).
The Agnes Inn
Mr. Edward Bailey, the landlord of the house, which at
present possesses an off licence only, applied for a full licence.
Mr. Hume Williams appeared on behalf of the applicant,
and stated that the house, which was situated in Broadmead Road, was in the
centre of what he termed “a new colony” which had sprung up within the last few
years. A fully licensed house was badly required in that neighbourhood, and he
put in a memorial signed by most of the residents in the immediate district.
The applicant was called as a witness and stated that
if the licence were granted, Mr. Geo. Belgrave, the brewer, who supplied the
house, had undertaken to make extensive alterations in the premises, at a cost
of £700.
Frederick Fulham, clerk to Mr. Bromley, architect, gave
evidence as to the plans for the proposed alterations, and Mr. Ninington was
also called, stating that a full licensed house was greatly needed in the
neighbourhood.
The Bench retired to consider their decision. They were
only absent fifteen minutes, and upon resuming their seats the Chairman said
they were of opinion that there was already a sufficient number of public
houses within a reasonable radius to meet the requirements of the
neighbourhood, and consequently did not think it necessary to grant any further
licence.
Folkestone
Express 1-9-1894
Licensing Sessions
The annual licensing was held on Wednesday. The Magistrates
present were Captain Crowe, Captain Willoughby Carter, W. Wightwick, W.G. Herbert,
J. Fitness, and J. Pledge Esqs. Mr. Ward was not present.
The Superintendent reported that in November last one
publican was convicted for breach of the licensing laws, but as another tenant
had been found, and the other public houses in the borough had been well
conducted, he did not oppose the renewal of any of the licences.
Captain Crowe: In your opinion drunkenness has not
increased in proportion to the population?
Superintendent Taylor: The figures have only varied
three or four for some years. Allowing for the increase in population, the
figures show a decrease of drunkenness.
Mr. Fitness: Taking into consideration the increase of
population.
Superintendent Taylor: The figures remain calm at
stationary as regards drunkenness.
The whole of the existing licences were then renewed.
The Rev. R.F. Jeffrey was sitting in the Court, and
Captain Crowe asked: What does Mr. Foster Jeffrey want? I don`t think we desire
to receive any memorial. I suppose it is the Temperance question which you wish
to bring forward, is it not? Our views are pretty much the same.
Mr. Jeffrey: Mr. Chairman and gentlemen of the
Committee, I ask the courtesy of being allowed to present a memorial, a copy of
which I understand has already been furnished to each member of the licensing
Bench.
Captain Crowe: Then you need only present it. A copy
has been received by all the Magistrates. There is a good deal in it of which I
personally approve, but at the same time we have a good deal of business to do,
and I think that the memorial having been received, there is nothing more to
say.
Mr. Jeffrey: I am in the hands of the Bench. It is
usual in such cases to extend such an act of courtesy to a gentleman wishing to
present a memorial publicly, and I now desire to do so. There are only three
sentences I desire to say in presenting the memorial, the number of names upon
which are few, but I think they will be found to be largely representative of
Temperance organisations. Secondly, the memorialist feel there are by far too
many licensed houses.
The Chairman: You are making a speech. Confine yourself
to presenting the memorial. We are in possession of the facts, and we are fully
alive to the evils of intemperance, but we have a great deal to do today.
Mr. Jeffrey: I have no intention of making a speech.
He went on to say that the police and those who
administered the law had a very difficult duty to perform, and they had a
strong claim on the support of the community, and also the active support of
the Watch Committee and of the Bench. There were one or two trifling
alterations in the petition.
Capt. Crowe: Is it necessary to read it? It has already
been presented to the Bench – we have each had a copy of it. It is perfectly
useless taking up our time and the time of the public in reading it.
Mr. Jeffrey: I understood I had your permission.
Capt. Crowe: I have allowed you to go so far. I think
you have said enough. We are quite as much alive as you are to the evils of
intemperance or as any of the signatories to that memorial. Personally I agree
with a great deal that is in it, but we have other things to do.
Mr. Jeffrey: Do I understand ...........
Capt. Crowe: There is no occasion to read it.
Mr. Jeffrey: I still urge my claim on the courtesy of
the Bench to be allowed thus publicly to present our memorial.
Captain crowe: You have presented it to the Bench. We
have all received copies.
Mr. Jeffrey thanked the Bench and sat down, but
remained an interested spectator.
The Agnes Inn
Mr. Hume-Williams, instructed by Mr. F. Hall, appeared
in support of an application by Mr. William Bailey for a licence for the Agnes
Inn, in Broadmead Road, which the owner, Mr. Belgrave, proposed to rebuild at a
cost of about £700. Plans of the proposed new building were put in, and also a
memorial from 60 or 70 residents in the locality, in which it was set forth
that within the last few years about 140 new houses, with a population of about
800 persons, had been added, while no fresh licence had been granted. The
memorialists also testified to the excellent character of Mr. Bailey, the
applicant.
Mr. Bailey gave evidence as to the increased outdoor
trade, and Mr. Pulham, assistant to Mr. Bromely, put in plans of the building,
which would be erected if the licence were granted. Mr. Norrington, owner of
property near the Agnes Inn gave evidence as to the necessity of a licensed
house in the neighbourhood.
The Magistrates retired to consider it.
Captain Crowe said the Bench were of opinion that there
was a sufficient number of public houses within a small radius of the house,
consequently they did not think it necessary for the accommodation of the
inhabitants to grant another licence.
Folkestone
Herald 1-9-1894
Editorial Extract:
There is one other application to which we ought to
refer, that in connection with the Agnes Inn, at the corner of Wiltie Road,
leading to Radnor Park Station from the Darlington Arch in Guildhall Street.
The application for a full licence was based chiefly
upon the great development of building operations on the adjacent estate of the
Kent and Sussex Building Society. The erection of about a hundred and fifty new
houses, and the subsequent introduction of a population of eight hundred
people, were relied upon as the chief grounds for granting a full licence to
the Agnes Inn, which has at present an off beer licence.
The Licensing Committee failed, however, to see the
necessity of granting the application, but probably another year it will be
renewed under circumstances of greater urgency.
Local News
The Annual Licensing Meeting for the Borough of
Folkestone was held on Wednesday last at the Town Hall, the sitting Justices
being Captain Crowe, Mr. J. Fitness, Mr. W. Wightwick, Mr. J. Pledge, Captain
Carter, and Mr. W.H. Herbert. Mr. J. Ward was the only absent member of the
Committee. The Committee sat at ten o`clock so as to get through the signing of
the licences that were renewed in the absence of opposition. At eleven o`clock
the Court was thrown open to the public, and the other business was proceeded
with.
The Superintendent`s Report
Mr. Superintendent Taylor read his report, which was as
follows: Gentlemen, I have the honour to report that the number of licences
issued in the Borough is 133, of which 82 are full, 13 beer houses on, four
beer houses off, 9 spirit dealers, 7 wine off, 7 wine on, and 9 grocers`. In November
last one publican was fined for a breach of the Licensing Law, and the licence
was endorsed. Another tenant shortly after took over the premises, and as this
and the other licensed houses in the Borough have been conducted generally in a
fairly satisfactory manner, the police do not oppose the renewal of any of the
existing licences. I have the honour to be, Gentlemen, your obedient servant.
John Taylor, Superintendent.
The Chairman asked whether, in the opinion of the
Superintendent, there had been a decrease or increase of drunkenness.
Mr. Superintendent Taylor replied that the charges of
drunkenness had remained about the same figure for the past three or five
years, notwithstanding that there had been an increase of the population during
that period. As far as drunkenness was concerned, the figures seemed to be
almost stationary.
The holders of renewed licences were now called up in
succession, each taking his or her licence on depositing the usual fees. This
process occupied a considerable time.
A Temperance Manifesto
The Rev. R. Foster Jeffrey, Baptist Minister, then rose
to address the Committee, whereupon the Chairman remarked: I don`t suppose that
we require to receive any memorial. I suppose it is a Temperance question that
you wish to bring forward.
Rev. R.F. Jeffrey: Mr. Chairman and Gentlemen of the
Bench, I ask the courtesy of being allowed to present a memorial, a copy of
which, as I understand, has been already forwarded to the members of the
Licensing Bench.
The Chairman: You mean a printed one?
Rev. R.F. Jeffrey: Yes; on behalf of a number of clergy
and ministers.
The Chairman: A memorial has been received by all the
Magistrates, including the members of the Licensing Committee. There is a good
deal in it, I may tell you personally, taht I approve of, but at the same time
I think that the memorial having been received by us, there is nothing more to
be said.
Rev. R.F. Jeffrey: I am, of course, in the hands of the
Bench. It is usual on such occasions, I submit, to extend permission to
gentlemen wishing to present a memorial publicly.
The Chairman: That can be done in a minute.
Rev. R.F. Jeffrey: Certainly, and there are only three
suggestions I desire to offer in presenting it. The first is that the number of
names, though few, will be found to be largely representative of the Christian
communities and Temperance organisations of the town and district. The second
is that your memorialists feel that in expressing the opinion that we have by
far too many licensed houses in the Borough they are expressing what is the
prevalent opinion of the members of the community ..........
The Chairman: You are making a speech. Please confine
yourself to the presenting of the memorial. We are as much alive to the evils
of intemperance as you can be.
Rev. R.F. Jeffrey: I had no intention of making a
speech. If I may be permitted another observation, we have likewise a strong
feeling that the police, in their administration of their very difficult duties
in matters connected with the licensing laws, have a strong claim upon the
support of the community, and also the active support of the Watch Committee,
and also of your Bench. The following is the memorial, and I may say that there
are one or two verbal alterations that do not interfere with the sense ........
The Chairman: You need not read it. It has been
presented to the Bench. We have each got a copy of it, and it is perfectly
useless taking up our time and that of the public reading it.
Rev. R.F. Jeffrey: I understood, sir, that I had your consent
to presenting it.
The Chairman: I allowed you to go so far, and you have
presented it. We thoroughly understand it, and we are quite as alive to the
evils of intemperance as you can be, or any of the other signatories, and I
personally agree with a great deal of it. Will you now allow us to go on with
our business?
Rev. R.F. Jeffrey: Certainly, sir; but I claim, by the
courtesy of the Bench, to be allowed to present the memorial.
The Chairman: You have presented it to the Bench. We
have all received copies.
For the information of the public we here append the
text of the memorial, which was a document emanating from the Folkestone and
District Federation of Temperance Societies. It was as follows:
To the Worshipful the Magistrates of Folkestone Licensing
Division, in Annual Brewster Sessions assembled, August, 1894. May it please
your Worshipful Bench, the memorial of the undersigned ratepayers of the
Borough of Folkestone respectfully sheweth;
That, encourages by your Worships` courteous and sympathetic
reception of all appeals which have for their object the welfare of the
inhabitants of the town, we beg to call your attention to the continued
excessive licensing of this town and district, and the consequent abuses
connected with the traffic in strong drink in our midst, and earnestly beg your
Worships to use the great powers vested in you to lessen the temptation to
excessive drinking by refusing to renew superfluous licences, and ordering that
the Licensing Laws shall be more thoroughly enforced than they are.
We beg respectfully to remind your Worships that the
Act of Edward VI, which formed the basis of our licensing system, was passed to
enable Justices “to remove, discharge, and put away the common selling of ale
and beer in common tippling houses” where the Magistrates “should think meet
and convenient, forasmuch as intolerable hurts and troubles to the Commonwealth
of this Realm doth daily grow and increase through such abuses and disorders as
are had and used in common ale houses and other houses called tippling houses”.
The present machinery of the law is so simply framed
that by a decision of your Worships the remedy, which all parties agree will
prove effectual, can be readily applied by the “putting away” of the common
sale of intoxicants, or very largely diminishing the facilities for obtaining
them.
Your Worships have probably observed from the public
press that the Middlesex Magistrates, having recently become alarmed at the
increase of drunkenness in their County, appealed to the Home Sectretary asking
him to impress upon the Commissioner of Police the desirability of keeping a
strict watch upon publicans.
The Home Secretary, in reply, promised increased
watchfulness on the part of the police, at the same time pointing out that the
Magistrates were, to no inconsiderable extent, responsible for the state of
things of which they complained, because they “have not infrequently felt
compelled to dismiss charges against publicans on technical grounds or side
issues”, and that in dealing with drunkenness “the Justices had abstained from
using to the full power possessed by them for the punishment of offenders.
The Home Secretary intimated to their Worshipful Bench
that arrangements have now been made by which the Commissioner of Police will
in future in any case, where he considers it advisable, direct the prosecution
of a publican for “permitting” drunkenness, to be conducted by the solicitors
of the Police Force.
There is a general consensus of opinion that the number
of drink shops is very largely in excess of any legitimate requirements of the
population, and constitutes in itself a very considerable stimulant to the
evils which your Worships, no less than ourseves, deplore.
In the course of a recent discussion of this point in
the House of Lords, the Lord Chancellor expressed his firm conviction, derived
from extensive experience in the Law Courts, that there were too many public
houses, and that the reduction of the number would reduce drunkenness. Further,
His Lordship said “He did not think it would be any interference with personal
liberty or individual rights if a considerable step were taken in the direction
of reduction. But to his mind it was absolutely essential that if anything of
the kind were to be done that it should be done in accordance with the wishes
and desires of the people in a particular locality.
Mr. Chamberlain has also said in the House of Commons,
with respect to Drink Licences “I am perfectly certain that any community that
might be entrusted with the control of this traffic would, as a matter of
course, reduce the number by one half”.
It is satisfactory to note that the Parliamentary
statistics go to show that Magistrates all over the country are becoming more
an more alive to the necessity of refusing the renewal of old licences, and it
is a very rare thing to find a new one granted. The number of licences refused
a renewal as not being required during the last year, according to the
Parliamentary Return, was 333 against 244 for the former year.
It will be interesting to your Worships to know that
during 1892, the latest statistics we have, over 14,000 licence holders were
convicted for offences against the Licensing Act of 1872.
We know there are powerful interests opposed to the
course which we believe to be the right one for your Worships to adopt. We
recognise the grave responsibility which rests upon you, but The Times says:
“These profits in which liquor sellers now claim a vested interest are
realised, to a vast extent, at the cost of popular degradation, vice, and
misery; and the question is whether the Legislature of a country is not
justified in placing, with due consideration, the welfare of the people above
the gains of a trade”.
Lord Wolesley has recently said: “There are yet some
great battles to be fought, some great enemies to be encountered by the United
Kingdom, but the most pressing enemy at present is drink. It kills more than
all our newest weapons of warfare, and not only destroys the body, but the mind
and soul also.
It is to be regretted that there has been no
appreciable diminution of the grave evils resulting from the excessive number
of Public Houses within your Worships` jurisdiction, as shown by the large
number of cases brought before the Bench, most of which are directly traceable
to drink.
With the greatest respect we beg to submit that the
licensing business of this town has in the past been administered too largely
in the interests of the trade, and without due regard to the requirements and
well-being of the inhabitants.
In all cases where your Worships have convicted persons
for drunkenness, punishment has fallen upon the poor dipsomaniacs, whom the law
is framed to protect, recognising as it does that they are quite irresponsible
when they become the victims of the disease of an inordinate love for strong
drink, while the persons who sold them the drink, and practically made them
drunk, so far have gone entirely free, though they were certainly the persons
who ought to have been punished.
It is not necessary to remind your Worships that while
the law fixes the merely nominal fine of not exceeding 10s. for the first, and
not exceeding 20s. for the second offence for “being” drunk, the penalty for
“permitting” drunkenness is not exceeding £10 for the first, and not exceeding £20
for the second offence, with the conviction recorded on the licence in every
case unless the convicting Bench shall direct otherwise.
We would earnestly represent to your Worships that the
time has fully come when the law should not be administered in this one-sided
fashion. The fining and imprisoning drunkards is of absolutely no avail in
curing them of their vicious habits; whereas if the Trade understood that
“permitting” drunkenness would certainly be visited by the rigours of the law,
the end that we, and your Worships alike, have in view, viz., the reducing to a
minimum the abuse of strong drink, would immediately result.
Will your Worships not therefore order the police to
use their best endeavours to bring before you, not only the drunkards, but all
such licence holders who “permit” drunkenness by selling the drink to the men
until they are drunk?
We think the police might well be reminded that it is
no defence for licensed persons, or their servants, or both, to say they did
not know that a person was drunk when they served him. It has been held that if
the person really was drunk the responsibility for discovering the fact rests
with the licence holder.
Again, as your Worships are probably aware, it was long
ago decided that “permitting” drunkenness does not necessarily involve finding
a person drunk on licensed premises. Where the only evidence is that a person
has been drinking in a licensed house, and three quarters of an hour later is
found drunk a hundred yards distant, there is evidence upon which your Worships
may convict the keeper of the licensed house.
In view of these two points we think there should be no
difficulty in discovering where the abuses complained of take place, and in
bringing the offenders to justice.
Finally, your Memorialists wish your Worships to feel
that in the discharge of your delicate and difficult duties in the matter of
Licence Law administration, and in your endeavours to act righteously in view
of the claims and the welfare of the whole community, you have the sympathy and
support of all good citizens.
The Agnes Inn
Mr. Hume Williams (instructed by Mr. Hall), supported
the application of Mr. Edward Bailey, landlord of the Agnes Inn (Beer off),
north of the Darlington Arch, for a full licence. On behalf of the brewers who
own the house it was stated that if the application were granted they would
expend £700 in making the house adequate for it`s extended purposes. Plans of
the proposed enlargement, prepared by Mr. Bromley, were submitted, and were
spoken to by Mr. Fulham, one of his clerks, Mr. Bromley being abroad on his
holidays. Stress was laid upon the new colony which has sprung up in the
immediate vicinity of the Agnes Inn, on the estate of the Kent and Sussex
Building Society, one of whose rules is that a public house is not to be
erected on the property.
After a full inquiry the Bench refused the application
for two reasons, (1) that there is a sufficient number of public houses within
a short radius; and, (2) that, in the opinion of the Bench, the granting of a
further licence was not necessary for the accommodation of the inhabitants.
Southeastern Gazette
4-9-1894
Licensing Sessions
Wednesday: Before Captain
Crowe, Captain Carter, J. Fitness, J. Pledge, W.J. Wightwick, and W.G. Herbert,
Esqs.
The Police
Superintendent’s report was a very satisfactory one. The number of licences in
existence in the borough is 133, of which 82 are full, and there are 13
beer-houses (on licences), 14 beer-houses (off), 9 spirit dealers, 7 wine (on),
7 wine (off), and 9 grocers.
All the existing
licences were renewed in the usual formal manner.
Mr. Hume Williams
made an application on behalf of Mr. Belgrave, owner of the Agnes Inn, for an
on-licence, and stated that an entirely new colony of about 800 people had
sprung up in the vicinity. If the application was granted Mr. Belgrave would undertake
to spend £700 on improvements.
A memorial in
favour of the application was presented, and Mr. E. Bailey, occupier of the
house, was called, and testified to the need of an on-licence. Mr. J.
Norrington, a house owner in the neighbourhood, also gave similar evidence.
The Bench, after
private consultation, refused the application,
they being of opinion that there were sufficient public houses in the vicinity
of Agnes Inn.
Folkestone
Chronicle 21-12-1894
Local News
Last Saturday at the Borough Police Court, before
Messrs. Banks, Herbert and Pledge, the licence of the Agnes Inn, Broadmead
Road, was temporarily transferred to T.W. Player, tea dealer, Rendezvous
Street.
At the Town Hall on Wednesday, before Messrs. Banks, Gilborne and Wightwick, transfer of licence was granted to the following – T.W. Player to the Agnes Inn
Note: This transfer is at variance with dates
in More Bastions.
Folkestone
Express 22-12-1894
Saturday, December 14th: Before Aldermen
Banks and Sherwood, and W.G. Herbert Esq.
Transfer of Licence
The licence of the Agnes Inn was temporarily
transferred to Mr. T.W. Player.
Note: This transfer is at variance with dates
in More Bastions.
Folkestone
Chronicle 18-1-1895
Local News
At the Town Hall on Wednesday, before Messrs. Banks, Gilborne and Wightwick, transfer of licence was granted to the following – T.W. Player to the Agnes Inn
Folkestone
Chronicle 29-8-1896
Annual Licensing Sessions
The Sessions were held on Wednesday, the Magistrates
sitting being Messrs. W. Wightwick, J. Pledge, and W.G. Herbert.
The whole of the old licences were renewed.
The Agnes Inn
Mr. F. Hall applied on behalf of Mr. Theodore Wm.
Player for a full licence for this house – as our readers are aware, repeated
applications have been refused.
Mr. Hall went over all the old ground, and claimed that
the licence was really needed in that neighbourhood.
Mr. Player handed in a memorial signed by about 80
persons residing in the neighbourhood.
There was no opposition.
Mr. Bromley gave evidence in support of the
application, but it was refused.
The Chairman stated that the Bench failed to see any
necessity for the licence.
Folkestone Express
29-8-1896
Annual Licensing Day
The annual licensing meeting was held on Wednesday. The
Magistrates present were W. Wightwick, James Pledge, and W.G. Herbert Esqs. The
old licences were all renewed. A very large number of the publicans did not
attend to receive their certificates.
The Agnes Inn
Mr. Theodore Wm. Player applied again for a full licence for
this house. Mr. F. Hall appeared for the applicant, and produced a plan
prepared by Mr. Bromley showing the alterations proposed to be made in the
building. He said that application had been made by previous tenants, which
were not successful. Still he hoped to be able to convince the Bench that there
was a want for such a house in that district, as there had been a large
development of the North Ward. In 1881, the number of burgesses numbered 515,
and in 1896 they were 1,213. He described at length the locus in quo. He estimated that within the last few years there had
been 250 houses erected there, which would give a population of 1,500, and no
new licence had been granted. The nearest house was the Eagle Inn, at
Darlington, and the Prince Of Wales, the latter only a beerhouse. In the other
direction were the Red Cow and the Imperial, and on the north and west there
was no public house at all within a distance of two miles. For many years the
Magistrates had granted no new licences, but in the West Ward, within the last
year or two, they had granted them to the Wampach and others. His application
was entirely unopposed, and it was supported by a number of inhabitants living
in the neighbourhood. The present rateable value was £40, and the present owners,
The Army And Navy Brewery Company, were quite alive to the necessity of
improving the building, and it was proposed to expend £600 or £700 on the
building.
The Magistrates carefully examined the plans.
Applicant submitted a memorial signed by seventy or eighty
people in the neighbourhood, in which there were about 250 new houses. The
nearest place was the Eagle, a small public house. He knew that the owners were
prepared to spend a considerable sum of money in improving the place.
Superintendent Taylor said he should like to see the plans.
At present the place was not fit for a public house, and he had another
objection, on the ground that there was a side entrance into a private road.
Mr. A. Bromley, architect, gave technical evidence as to the
plans, and said that the door opening into the private road could be closed.
Mr. Hall said he would undertake to have the plans amended
in that respect, and he asked the Bench to grant the licence provisionally
until the alterations were carried out.
The Bench said they could see no necessity for another house
in that neighbourhood, considering the public houses they had already got, and
they could not think of granting a provisional licence. They therefore refused
both a spirit licence and also the beer licence.
Folkestone Herald
29-8-1896
Annual Licensing Sessions
Before Mr. Wightwick, Mr. Herbert, and Alderman Pledge.
The business of the Annual Licensing Meeting was transacted
on Wednesday morning before the above-named Justices, but the proceedings were
devoid of general interest.
Mr. Superintendent Taylor made no complaint as to the manner
in which the licensed houses in the Borough had been conducted during the year,
and the Court renewed all the licences, accordingly, without comment.
Application was made again for a full licence in respect of
the Agnes Inn, on behalf of the Army and Navy Co-Operative Brewery Company, Mr.
Hall appearing in support of the landlord, Mr. Player. It will be remembered
that a similar application has been frequently made, but on the present
occasion it was again refused.
Sandgate
Weekly News 29-8-1896
Local News
The Folkestone Annual Licensing Meeting was held on
Wednesday. The old licences were all renewed. An application for a full licence
for the Agnes Inn was refused.
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