Thanks And Acknowledgements

My thanks go to Kent Libraries and Archives - Folkestone Library and also to the archive of the Folkestone Herald. For articles from the Folkestone Observer, my thanks go to the Kent Messenger Group. Southeastern Gazette articles are from UKPress Online, and Kentish Gazette articles are from the British Newspaper Archive. See links below.

Paul Skelton`s great site for research on pubs in Kent is also linked

Other sites which may be of interest are the Folkestone and District Local History Society, the Kent History Forum, Christine Warren`s fascinating site, Folkestone Then And Now, and Step Short, where I originally found the photo of the bomb-damaged former Langton`s Brewery, links also below.


Welcome

Welcome to Even More Tales From The Tap Room.

Core dates and information on licensees tenure are taken from Martin Easdown and Eamonn Rooney`s two fine books on the pubs of Folkestone, Tales From The Tap Room and More Tales From The Tap Room - unfortunately now out of print. Dates for the tenure of licensees are taken from the very limited editions called Bastions Of The Bar and More Bastions Of The Bar, which were given free to very early purchasers of the books.

Easiest navigation of the site is by clicking on the PAGE of the pub you are looking for and following the links to the different sub-pages. Using the LABELS is, I`m afraid, not at all user-friendly.

Contrast Note

Whilst the above-mentioned books and supplements represent an enormous amount of research over many years, it is almost inevitable that further research will throw up some differences to the published works. Where these have been found, I have noted them. This is not intended to detract in any way from previous research, but merely to indicate that (possible) new information is available.

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Saturday 27 July 2013

Folkestone Cutter 1890s



Folkestone Chronicle 8-8-1891

Monday, August 3rd: Before J. Clark, S. Penfold, J. Dunk and J. Fitness Esqs.

Alfred Smith was charged with stealing one shilling from the till at the Cutter Inn on the morning of the 3rd inst., the property of George Burgess, the landlord.

Fanny Burgess said she was the wife of the landlord of the Cutter Inn. About ten minutes to eight that morning she went to the till in the bar. She saw a shilling and some coppers in it, and took a penny out and closed the till. She left the bar for two or three minutes and when she returned she saw the prisoner there. He was reaching over the counter. The till was open, and he had his hand upon it. He asked for a glass of ale, and when she accused him of going to the till, he replied “That`s nothing to do with it”. She examined the till. There was a shilling missing, and she sent for her husband.

George Burgess, the landlord of the Cutter, said he put a shilling in the till shortly after seven o`clock that morning. There were no other silver coins in it. He was called into the bar about a quarter to eight that morning by his wife. Prisoner was there and witness`s wife said he had stolen a shilling from the till. Prisoner denied it and said “You may search me if you like. You won`t find a shilling on me”. Witness sent for the police. There was a trough filled with sawdust in front of the counter. The floor had been swept and fresh sawdust put down just before the prisoner entered the bar. He afterwards found the shilling covered up in the sawdust. He showed it to the prisoner and he said he knew nothing about it.

Prisoner, who was a stranger, said he belonged to Bury St. Edmund`s in Suffolk, and had been picking fruit in Kent. There was a soldier in the bar all the time.

P.C. Smith said he found 8½d. in bronze on the prisoner.

He was sentenced to 21 days` hard labour.

Folkestone Express 8-8-1891

Monday, August 3rd: Before J. Clark, J. Dunk, J. Fitness and S. Penfold Esqs.

Alfred Smith was charged with stealing a shilling from the till of the Cutter Inn, Dover Street, the property of George Burgess.

Fanny Burgess, wife of the landlord, said that morning about ten minutes to eight she went to the till in the bar. She saw there was a shilling and some coppers in it. She took out a penny and closed the till. She left the bar for about three minutes, and when she returned saw the prisoner there. He was reaching over the counter and had his hand on the till, which was open. He said he wanted a glass of ale. She accused him of going to the till, and he said “That has nothing to do with it”. She examined the till and missed the shilling, and then sent for her husband.

George Burgess, landlord of the Cutter, said he put a shilling into the till shortly after seven that morning. There was no other silver coin in it. About a quarter to eight his wife called him. Prisoner was in front of the bar, and his wife said “This man has stolen a shilling from the till”. Prisoner denied it and said “You may search me if you like. You won`t find a shilling on me”. He sent for the police. There was a trough filled with sawdust in front of the counter. The floor had been swept, and fresh sawdust put down just before the prisoner came in, and in the sawdust he found the shilling, covered up. He showed it to the prisoner, who said he didn`t know anything about it.

Prisoner said there was a soldier in the bar all the time.

P.C. Smith said the prisoner had 8½ d. in bronze upon him. A soldier entered the bar behind him.

Prisoner was a stranger, and said he belonged to Bury St. Edmund`s, in Suffolk. He had been picking fruit in Kent. He was sentenced to 21 days` hard labour.

Folkestone Chronicle 11-6-1892

Local News

At the Police Court on Tuesday before Councillor J. Holden, J. Pledge, J. Dunk, and Mr. J. Fitness, a man named Thomas Smith was charged with breaking 2 glass tumblers, the property of George Burgess, landlord of the Folkestone Cutter.

The prosecutor stated that the man was in his house on Monday evening. He missed two glasses, and believing defendant to have them followed him down the street and saw him take the glasses out of his pocket and throw them against the wall of the Pavilion Shades. He asked the prisoner what he did it for, and he was very abusive. He was not sober, but he spent no money in prosecutor`s house. The value of the glasses was 4d.

Prisoner said he did not know he had the glasses in his pocket He had been drinking all day. When he felt the glasses, he pulled them out and threw them on the pavement.

Prosecutor said the defendant went into the house with 10 or 12 militiamen.

Prisoner was fined 2s. 6d., damage 4d., and 4s. 6d. costs, or seven days.

Folkestone Express 11-6-1892

Tuesday, June 7th: Before J. Holden, J. Pledge, J. Dunk and J. Fitness Esqs.

Thomas Smith was charged with breaking two glass tumblers, the property of George Burgess, landlord of the Folkestone Cutter.

Prosecutor said the man was in his house on Monday evening. He missed two glasses and followed the defendant down the street, and saw him take the glasses out of his pocket and throw them against the wall of the Pavilion Shades. He asked prisoner what he did it for, and he was very abusive. He was not sober, but he spent no money in prosecutor`s house. The value of the glasses was 4d.

Prisoner said he did not know he had the glasses in his pocket. He had been drinking all day. When he felt the glasses, he pulled them out and threw them on the pavement.

Prosecutor said the defendant went into the house with 10 or 12 militiamen.

Prisoner was fined 2s. 6d., damage 4d., and 4s. 6d. costs, or seven days`.

Folkestone Chronicle 16-7-1892

Saturday, July 9th: Before Mr. Fitness, Alderman Pledge, Mr. Holden, Mr. George Spurgen, and Mr. E.T. Ward.

George Burgess, landlord of the Folkestone Cutter, was summoned for keeping his premises open for the sale of intoxicating liquors during prohibited hours on Sunday, the 26th of June.

Mr. Minter appeared for the brewers – Messrs. Ash & Co., of Canterbury.

Sergeant Lilley said on Sunday morning, the 26th ult., he watched the Folkestone Cutter in company with Sergeant Swift from half past five till quarter to seven. During that time 35 persons went in. At quarter to seven he saw four persons enter, and he and Swift then went into the house. One man had a pint glass, three parts full of beer, drinking. Three pint glasses were standing on the counter. They had recently contained beer. He asked the landlord what business the men had there, and he replied “You can see what they are doing”.

Defendant pleaded Guilty to the charge and said he was very sorry it had happened. Trade had been very slack lately, and he was tempted. He had long been a publican in the town, and no complaints had been made against him before.

Mr. Minter pointed out that all he had to look to on behalf of his clients was that the licence should not be endorsed, and he thought the defendant`s own statement that he had been a publican in the town for 30 years and had never had any complaint against him was a justification for the brewers having him as a tenant. He asked them not to endorse the licence, as it would punish the landlord for the action of the tenant. If the Bench desired it, his clients would undertake to find a fresh tenant.

Superintendent Taylor said the house had been a very rough one, and a difficult one to manage. He should like to call attention to the great difficulty the police had in watching the house. People were posted in various parts of the street and enquired where the police were, even within the hearing of the officers who were watching.

The Bench inflicted a penalty of £5 and 9s. costs, Mr. Holden remarking that the defendant was not only injuring himself, but the landlord`s property. As it was the first offence the licence would not be endorsed.

Folkestone Express 16-7-1892

Saturday, July 9th: Before J. Fitness, J. Holden, J. Pledge, E. Ward, and G. Spurgen Esqs.

George Burgess, of the Folkestone Cutter, was charged with having his house open for the sale of intoxicating liquor during prohibited hours on Sunday, the 26th June.

Sergeant Lilley said he watched the house on Sunday morning from 5.30 to 6.45, and saw 35 persons in all enter the house. Defendant was constantly on the look out, and had people in the streets on the look out. He and another constable went into the house and found four men there. Three pint glasses which had contained beer were on the counter, and there was fresh beer spilt on the table in the taproom. He asked the landlord what the men were doing there, and he replied “You can see what they are doing”.

Mr. Minter appeared for the owner.

Defendant said he was very sorry. Trade had been very slack of late, and he gave way to temptation. He had been a licensed victualler for 30 years, and it was the first time he had been in trouble. He hoped the Bench would be lenient with him.

Mr. Minter, who appeared for Messrs. Ash, the owners of the house, said all he had to look to was the endorsement of the licence, and to point out to the Bench that what the defendant himself said, that he had been a licensed victualler for 30 years, and never had a single complaint against him, justified Messrs. Ash in letting the house to him, believing he would conduct it properly. If the Bench desired, they would get another tenant for the house.

The Bench thought it an aggravated case, and inflicted a fine of £5 and 9s. costs, but did not endorse the licence.

Folkestone Herald 16-7-1892

Police Court Jottings

The erring publican is hardly “at rest” just at present. Of late we have had several cases in which these recalcitrant members of “the trade” have had to pay somewhat dearly for their lapses.

On this occasion two of them were requested to hand over a £5 note each, with, of course, the accompanying costs, for having sold liquor during prohibited hours on Sunday, the 26th of June. They were George Burgess, landlord of the Folkestone Cutter, and Geo. Holliday, landlord of the Wheatsheaf.

In the first case Sergts. Lilley and Swift proved they saw about 40 persons go into the house between half past five and a quarter to seven. On going into the house they found four men there drinking. And in the second, the same officers stated that they saw eight persons enter the house, and on going in they found them all drinking.

Mr. Minter, who represented the owners of the houses, Messrs. Ash and Co. in the one case, and Messrs. Mackeson, of Hythe in the other, did the best he could, but the result was as we have previously stated.

Sandgate Visitors` List 16-7-1892

Local News

George Burgess, landlord of the Cutter public house, was charged at the Folkestone Police Court on Saturday with having his house open for the sale of intoxicating liquors during prohibited hours on Sunday, 26th June. The case was proved by Police Sergt. Lilley. Defendant was fined £5 and 9s. costs, but the licence was not endorsed.
 
Folkestone Chronicle 23-7-1892

Wednesday, July 20th: Before Major H.W. Poole and Mr. W. Wightwick.

Thomas Baker, Alfred Marks, Patrick Cox, and Henry Dorrell were also summoned for being on licensed premises during prohibited hours on the 26th of June, and pleaded Guilty.

Sergeant Lilley said he watched the Folkestone Cutter in company with Sergeant Swift on the 26th ult., and at a quarter to seven saw the four defendants enter the house. He followed them in almost immediately, and found Marks in the act of drinking beer. There were three pint glasses on the counter containing beer. He asked the landlord what the defendants were doing there, and he replied “You can see what they are doing”.

The Bench imposed a fine of 2s. 6d. and 9s. costs.

Folkestone Herald 23-7-1892

Police Court Jottings

On Wednesday Messrs. Poole and Wightwick had their attention engaged with some very ordinary cases, that of thirsty souls charged with having been found on licensed premises during prohibited hours, presumably, of course, for the purpose of purchasing beer. They all pleaded Guilty.

Geo. Brewer and Harry Richards were found at the Wheatsheaf on the 26th of June (Sunday), at six in the morning, by Sergeants Lilley and Swift, and were fined, Richards 2s. 6d. and 9s. costs, and Brewer 2s. 6d. and 10s. costs, the extra shilling in the way of costs was because he did not put in an appearance, and the constable had to prove the service of the summons, for doing which, however, he does not get the shilling.

Thomas Baker, Albert Parker, Patrick Cox, and Harry Durrell, for being found under similar circumstances at the Cutter, were similarly fined.

Folkestone Chronicle 27-8-1892

Wednesday, August 24th: Before Mr. J. Clark, Alderman Pledge, Councillor Holden, and Messrs. J. Fitness, J. Boykett, H.W. Poole and W. Wightwick.

Annual Licensing Session

Folkestone Clergymen on Licensing

Mr. A.H. Gardner said he had been instructed by the Church of England Temperance Society, not in any spirit of antagonism towards the Bench, but in order that they might know the Society`s views upon the subject, to put before them a resolution, passed the other day at the Vestry of the Parish Church, the Rev. M. Woodward presiding. The resolution was to the effect that the clergymen representing the various churches in the town, respectfully asked the Bench not to grant any new licenses, except to private hotels and restaurants, such to be used for bona fide customers, and not for bars, etc. He also added that he was particularly urged to ask the Bench not to grant any additional licenses to grocers, as such licenses were fraught with very mischievous consequences, inasmuch as they held out great temptations to women. Mr. Gardner stated that the clergymen further added that the meeting also desired the Bench to consider the propriety of refusing the renewal of the licenses of those persons who had been convicted during the past year, and, in conclusion, they pointed out the great preponderance of public houses east of Alexandra Gardens over those west of the Gardens.

The Bench then proceeded with the renewal of the licenses.

Adjournments

The Superintendent of Police having reported that convictions for offences against the Licensing Act had been obtained against the following in the course of the past year, the Bench decided to refer their applications for renewals to the Adjourned Session, Wednesday, September 28th: Chidwell Brice, Alexandra Hotel; Burgess, Folkestone Cutter; A. Mutton, Warren Inn; Laslett, Wonder Tavern; Weatherhead, Cinque Ports Arms; and Halliday, Wheatsheaf Inn.

Folkestone Express 27-8-1892

Wednesday, August 24th: Before J. Clark, Alderman Pledge, W. Wightwick, J. Fitness, J. Holden, H.W. Poole, and F. Boykett Esqs.

Annual Licensing Day

Mr. A.H. Gardner said he had been instructed by the Church of England Temperance Society, presided over by the Vicar of Folkestone, to appear before the justices. He did not do so in any spirit of dictation to the Bench, but that they might see the views of the Society upon the subject, and he would put in a resolution passed the other day at a meeting held in the vestry, asking the justices not to grant any new licenses, except to private hotels or restaurants. It also particularly urged that grocer`s licenses were peculiarly fraught with mischief as giving great facilities to women. They also thought that the number of licenses, of which there were 82, should be reduced, especially where there had been convictions for violation of the law. They did not specially single out any particular houses, but they thought when there had been recent convictions, they might refuse the renewal of licenses to such houses. Further they especially called attention to the preponderance in the number of houses at the lower end of the town – there were 79 east of Alexandra Gardens, while there were only three on the west. Mr. Gardner also referred to the fact that the magistrates last year refused to renew in English counties 117 licenses, and in boroughs as many as 101.

Adjourned Applications

The applications in respect of the Folkestone Cutter, the Alexandra, the Wheatsheaf, the Warren, the Wonder, and the Cinque Ports Arms, where there had been convictions for breaches of the law, were ordered to stand over until the adjourned licensing day, Wednesday the 28th of September.

Folkestone Chronicle 1-10-1892

Adjourned Licensing Session

The Adjourned Licensing Session for the Borough was held at the police Court on Wednesday morning, on which occasion considerable interest was evinced in the proceedings by reason of the fact that the renewal of the licenses of several well known and old established houses in the town was opposed by the Superintendent of Police, acting under the direction of the Licensing Committee of the Bench.

The Magistrates present were Mr. J. Clarke, Alderman Pledge, Councillor Holden, and Messrs. H.W. Poole and J. Wightwick.

Mr. Martyn Mowll, of Dover, appeared to support the objections of the police, and Mr. J. Minter and Mr. Hall, severally, appeared on behalf of the claimants.

At the opening of the Court, the Chairman said, before the business commenced he wished to make one announcement. It referred to something which had been done in other towns, and which the Committee thought it best to do in Folkestone. It was the opinion of the Committe that there were too many licensed houses in Folkestone, and they therefore suggested that the owners of the houses should talk the matter over amongst themselves, and agree as to which houses it would be best to close. If nothing was done before the next Licensing Session, the Committee would be obliged to suppress some of the licensed houses themselves. But if the owners would talk the matter over amongst themselves and agree upon the houses to be closed it would save a great difficulty.

The Folkestone Cutter

Mr. Gatley (sic) applied for the renewal of the licence of this house.

The usual grounds of objection were taken by Mr. Mowll. In this case there were 14 houses within a distance of 100 paces.

Mr. Wightwick: Are there any churches near?

Mr. Mowll: No doubt. There generally is in the neighbourhood of  public house. They generally go together.

The renewal was granted, the applicant in this case being a new tenant.

Folkestone Herald 1-10-1892

Police Court Jottings

Considerable interest was manifested on Wednesday in the proceedings at the adjourned Licensing Meeting for the Borough as the Licensing Committee had instructed the police to serve notices of six objections. Mr. Mowll, of Dover, appeared to support the police in their opposition by instruction of the Watch Committee.

The Chairman, Mr. J. Clark, at the outset said it had been suggested that the same plan adopted elsewhere should be pursued there. It was the unanimous opinion of the Licensing Committee that there were too many licensed houses in Folkestone and they would suggest that the owners of licensed houses should talk it over among themselves and agree, before the next annual meeting, which houses should be dropped out. The Licensing Committee felt compelled to suppress some of the houses in the town, and if the owners would carry out that suggestion it would do away with a great difficulty and relieve the Magistrates of an invidious task.

The licenses of the Wheatsheaf (Geo. Holliday), the Folkestone Cutter (Joseph Gatley, a new tenant), and the Wonder Tavern (Geo. Laslett), were renewed.

Folkestone Chronicle 22-10-1892

County Court

Tuesday, 18th October: Before Judge Lucius Selfe

Souter, Mackenzie & Co. (Mineral Water Manufacturers, Folkestone) v George Burgess: The plaintiff in this case sought to recover from the defendant the sum of £1 5s., balance of an account in respect to goods supplied to the defendant.

His Honour made a minute examination of the multitudinous accounts produced by the two parties, with the result that he found defendant was indebted to the firm for 19s. 6d., instead of the amount claimed, and he gave judgement accordingly. Payment to be made in a month.

Folkestone Express 22-10-1892

County Court

Tuesday, October 18th:

Souter & Co. v George Burgess: This was a claim for mineral waters supplied to the defendant, formerly an inn keeper. Mr. Watts for plaintiffs. His Honour investigated the items, and as there were discrepancies in the items paid and those credited, he gave judgement for 19s. 6d., payment in a month.

Folkestone Express 4-3-1893

Wednesday, March 1st: Before H.W. Poole, W.J. Herbert and W. Wightwick Esqs.

The licence of the Folkestone Cutter was transferred to Francis Bailey.

Folkestone Chronicle 16-9-1893

Local News

Not many hours had elapsed since the Town Hall was occupied by a gay and brilliant company who were enjoying the pleasures of the terpsichorean art, when a gathering of a very different nature took place within it`s walls at eleven o`clock on Wednesday morning. In the short space which had elapsed the Hall had been denuded of all it`s tasty decorations and luxurious appointments, and had put on it`s everyday appearance for the transaction of the business of the Special Licensing Session, which had been appointed for the purpose of dealing with the licenses to which notice of opposition had been given by the police.

At the end of the Hall, backed by high red baize screens, raised seats had been arranged for the accommodation of the Licensing Justices. Here at eleven o`clock the chair was taken by Mr. J. Clark, ho was accompanied on the Bench by Alderman Pledge, Messrs. Holden, Hoad, Fitness, Davey, Poole, and Herbert.

Immediately in front of the Bench were tables for the accommodation of Counsel and other members of the legal profession, while in close proximity were seats for Borough Magistrates who were not members of the Licensing Committee, and for the brewers and agents interested in the cases that were to occupy the attention of the Bench. The body of the Hall was well filled with members of the trade and the general public, whilst there was quite an array of members of the police force who were present to give evidence.

Objection to a Temperance Magistrate

Mr. Glyn, barrister, who, with Mr. Bodkin, appeared in support of the opposed licenses, made an objection at the outset against Mr. Holden occupying a seat on the Bench. Mr. M. Bradley (solicitor, Dover), who appeared on behalf of the Temperance Societies, rose to address the Bench on the point, but an objection was taken on the ground that he had no locus standi. The Magistrates retired to consider this matter, and on their return to the court they were not accompanied by Mr. Holden, whose place on the Committee was taken by Mr, Pursey.

Mr. Glyn`s Opening

Mr. Glyn said he had consulted with the Superintendent of Police, and had agreed to take first the case of the Queen`s Head. He accordingly had to apply for the renewal of the licence. The Queen`s Head was probably known by all the gentlemen on the Bench as an excellent house. The licence had been held for a considerable number of years, and the present tenant had had it since 1889. It was a valuable property, worth some £1,500, and the tenant had paid no less than £305 valuation on entering the house. He need hardly tell the Bench that the licence was granted a great many years ago by their predecessors, and it had been renewed from time to time until the present. The Superintendent of Police was now objecting on the ground that it was not required, and that it was kept disorderly. With regard to the objection of the Superintendent to all these licenses, he (Mr. Glyn) thought he would admit when he went into the box that it was not an objection he was making on his own grounds, but an objection made in pursuance of instructions received from some of the members of the Licensing Committee. Of course a very nice question might arise as to whether under the circumstances the requirements of the section had been complied with, and as to the Superintendent acting, if he might say so, as agent for some of the justices had no locus standi at all to oppose these licenses. The Superintendent of Police, in his report, states that he raised these objections “in pursuance of instructions received from the Magistrates”. Therefore, those gentlemen who gave those instructions were really in this position: That having themselves directed an enquiry they proposed to sit and adjudicate upon it. He knew there was not a single member of that Bench who would desire to adjudicate upon any case which he had pre-judged by directing that the case should be brought before him for that particular purpose, and he only drew their attention to the matter. He did not suppose it would be the least bit necessary to enquire into it, because he felt perfectly sure, on the grounds he was going to put before the Bench, that they would not refuse to renew any one of these licenses. But he thought it right to put these facts before them, in order, when they retired, that they might consider exactly what their position was.

There was another thing, and it applied to all these applications. There was not a single ratepayer in the whole of this borough who had been found to oppose the renewal of any of the licenses. The first ground of objection was that the licenses were not required. He repeated that no ratepayer could be found who was prepared to come before the Bench and raise such a point. No notice had been given by anybody except by the Superintendent, who had given it acting upon the instructions of the Bench.

He understood that even the Watch Committee, which body one generally thought would be expected to get the ball rolling, had declined to have anything to do with the matter, and had declined to sanction any legal advice for the purpose of depriving his clients of what was undoubtedly their property. He ventured to say, with some little experience of these matters, that there never was a case where licenses were taken away on the ground that they were not required, simply because some of the learned Magistrates thought the matter ought to be brought before them, without any single member of the public raising any objection to any of the licenses, and the Watch Committee not only keeping perfectly quiet, but declining to enter into the contest.

He was dealing with the case of the Queen`s Head, but his remarks would also apply to the others, with the exception of the cases of three beer-houses, the licenses of which were granted before the passing of the 1869 Act, and his client was, therefore, absolutely entitled to a renewal. With regard to the other licenses, they were granted a great many years ago. Although at that time the population of the Borough was about half of what it is now the Magistrates thought they were required then. They had been renewed from time to time since then, and were the Magistrates really to say that licenses which were required for a population of 12,000 were not necessary for a population of 25,000? He ventured to say, if such an argument were raised by the other side, that it was an absurdity. He should ask the Bench to consider first, and if they formed an opinion on it it would save time, whether having regard to the fact that all the licenses were granted a great many years ago when the population was nothing what like it is now, and also that there had not been a single conviction since the renewals last year. They were prepared to refuse the renewal of any of the licenses. He asked them to decide upon that point, because it decided the whole thing.

Some of the objections were only raised on the ground that the licenses were not required; others referred to the fact that there had been previous convictions, or that the houses had been kept in a disorderly manner. With regard to any conviction before the date of the last renewal he contended that the Bench had, by making the renewal, condoned any previous offence. In not one single instance had there been a conviction during the past year in respect of one of the houses for which he asked for a renewal, and he ventured to put to the Bench what he understood to be an elementary principle of British justice, that they would not deprive the owner of his property simply because it was suggested that the house had not been properly conducted, and where that owner had never had an opportunity of appearing before the Bench in answer to any charge which had been brought against his tenant. He challenged anybody to show that there was a single case in any Bench where a license had been taken away after renewal without there being a criminal charge made against that house, but only a general charge to the Licensing Committee.

Mr. Bodkin, who followed, reminded the Bench of their legal position with regard to the renewal of licenses, and quoted the judgement of Lord Halsbury in the case of Sharpe v Wakefield, in which he said in cases where a licence had already been granted, unless some change during the year was proved, they started with the fact that such topics as the requirements of the neighbourhood had already been considered, and one would not expect that those topics would be likely to be re-opened. Continuing, Mr. Bodkin said that was exactly the position they were in that morning. There had been no change with respect to these houses except that Folkestone had increased in population, and there had been an absence of any legal proceedings against any of the persons keeping these houses. He ventured to say it would be inopportune at the present time to take away licenses where they found the change had been in favour of renewing them.

Mr. Minter said he appeared for the tenants of the houses, and he endorsed everything that had fallen from his two learned friends, who had been addressing them on behalf of the owners. Mr. Glyn referred to the population having increased twofold since the licenses were granted, and he (Mr. Minter) would point out that while the population had increased no new licenses had been granted for the past twelve years. Mr. Minter then referred to the fact that there was not a single record on the licenses of any one of the tenants. Was there any argument he could use stronger than that? As to the objection that the houses were not required for the public accommodation, he was prepared to show, by distinct evidence, that each tenant had been doing a thriving business for the last four or five years, and that it did not decrease. How was it possible, in the face of that, to say they were not required for the public accommodation?

Mr. Bradley then claimed the right to address the Bench on behalf of the Temperance Societies, but an objection was raised by his legal opponents that he had no locus standi, as he had given no notice of his intention to appear, and this contention was upheld by the Bench.

The Bench then retired for a consultation with their Clerk on the points raised in the opening, and on their return to the Court the Chairman said the Magistrates had decided where there were allegations of disorderly conduct the cases must be limited to during the year, and no cases prior to the licensing meeting last year would be gone into. They thought it was right that the Superintendent should state the cases that they might be gone into, and that the Bench might know what the objections were.

Folkestone Cutter

Mr. Glyn said this was a very old fully-licensed house, belonging to Messrs. Moxon, brewers. The present tenant was James Ward. It was suggested that the house was not required. A fair business was being done.

Note: No record of a James Ward at the house according to More Bastions.

It was stated that there were eight licensed houses within 100 paces of this one.

Mr. Taylor said there were 130 houses in Dover Street, four being licensed. This house had had four tenants since 1891.

Mr. Glyn: It has never been held yet that that is a ground for refusing a person`s licence.

Mr. R. Moxon said the house was valued at £1.000. The present tenant was a very respectable one, and there had been no complaint during the past twelve months.

By Mr. Taylor: He knew there had been four changes since 1891.

Mr. Taylor: Do you know what the reason of it is?

Witness: Some of the tenants were evidently not conducting the house to the satisfaction of the police. The present tenant is a very good man, and is increasing the trade.

A Doctrine Of Confiscation

This concluded the list of objections, and Mr. Glyn addressed the Bench, saying the result of the proceedings was that with regard to all the houses, except the Tramway, there was no serious charge of any kind. As to the Tramway, he challenged anybody to show that any Bench of Justices had ever refused to grant licenses unless the landlords had had notices, or unless there had been a summons and a conviction against the tenant since the last renewal. With regard to the other houses the only question was whether they were wanted or not. Superintendent Taylor, who, he must say, had conducted the cases most fairly and most ably, had picked out certain houses, and he asked the Bench to deprive the owners of their property and the tenants of their interest in respect of those houses, while the other houses were to remain. How on earth were the Bench to draw the line? There were seven houses in one street, and the Superintendent objected to four, leaving the other three. In respect to one of these there had been a conviction, and in respect of the others none. Why was the owner of one particular house to keep his property, and the others to be deprived of theirs? Mr. Glyn enforced some of his previous arguments, and said if the Bench deprived his clients of their property on the grounds that had been put forward they would be adopting a doctrine of confiscation, and setting an example to other Benches in the county to do the same.

The Decision

The Bench adjourned for an hour, and on their return to the Court the Chairman announced that the Magistrates had come to the decision that all the licenses would be granted with the exception of that of the Tramway Tavern.

Mr. Glyn thanked the Bench for the careful attention they had given to the cases, and asked whether, in the event of the owners of the Tramway Tavern wishing to appeal, the Magistrates` Clerk would accept service.

Mr. Bradley: Yes.

Folkestone Express 16-9-1893

Adjourned Licensing Session

The special sitting for the hearing of those applications for renewals to which the Superintendent of Police had give notice of opposition was held on Wednesday. The Magistrates present were Messrs. J. Clark, J. Hoad, W.H. Poole, W.G. Herbert, J. Fitness, J.R. Davy, J. Holden, C.J. Pursey and J. Pledge.

Mr. Lewis Glyn and Mr. Bodkin supported the applications on behalf of the owners, instructed by Messrs. Mowll and Mowll, with whom were Mr. Minter, Mr. F. Hall, and Mr. Mercer (Canterbury), and Mr. Montagu Bradley (Dover) opposed on behalf of the Good Templars.

Before the business commenced, Mr. Bradley handed to Mr. Holden a document, which he carefully perused, and then handed to Mr. J. Clark, the Chairman.

Mr. Glyn, who appeared for the applicants, speaking in a very low tone, made an application to the Bench, the effect of which was understood to be that the Justices should retire to consider the document. The Justices did retire, and on their return Mr. Holden was not among them.

Mr. Glyn then rose to address the Bench. He said he would first make formal application for the renewal of the licence of the Queen`s Head. It was known to all the gentlemen on the Bench as an excellent house, and the licence had been held for a considerable number of years. The present tenant had held it since 1887; it`s value was £1,500, and the present tenant had paid no less than £305 for valuation for going into the house. The licence was granted a great many years ago, and had been renewed from time to time. The Superintendent of Police now opposed on the ground that it was no longer required and was kept in a disorderly manner. First, with regard to the objections of the Superintendent, he thought he would admit when he came into the box that it was not he who was making the objections to all those licenses, but that they were made in consequence of instructions received from some members of the Licensing Committee. Of course in his view, and in their view, a very serious question might arise, whether the Licensing Committee had any locus standi. His general observations in that case would apply to all the cases. The Superintendent, in raising those objections, was acting under instructions from the Licensing Magistrates, so that they were really in this position, that they were sitting to adjudicate in a case they themselves directed. He felt certain the Bench would not refuse to renew one of those licenses, but he thought it right to put the facts before them, in order that when they retired they might consider what their position was. He also pointed out that there was not a single ratepayer objecting to any of the renewals. The first ground of objection was that the houses were not required. Before going further he referred to the very important action of the Watch Committee, who were the parties one would expect to put the law in action. But they declined to have anything to do with it, and declined to sanction any legal advice to the Superintendent for the purpose of depriving his clients of what undoubtedly was their property. He ventured to think that in all his large experience in these matters that there never was a case where a licence was taken away simply because it was not required, or simply because some of the learned Magistrates thought it ought to be done and instructed the Superintendent to raise objections. There were two or three of the houses existing before 1869, and therefore his clients were entitled to a renewal of their licenses, there having been no convictions against them during the year. With regard to the other licenses, they were granted a great many years ago, at a time when th population of this borough was about half what it is now, and the Magistrates then thought they were required. They had been renewed from time to time by that body, and were they willing to say now that they were not required, and deprive the owners and tenants of their property and of their licenses? There was not a single Bench in the county, which, up to the present time, had deprived any one tenant of his licence and his property, simply because a suggestion had been made that it was not required. There had been one case in the county two years ago, but the party appealed to the Court of Quarter Sessions, and that Court said the licence ought to be granted. It would be very unfair to his clients, several of whom had spent large sums of money on their property, to refuse a renewal of their licenses, especially having regard to the fact that they were granted a great many years ago, and against which there had not been a single conviction during the year. In order to save time, he put two questions before the Magistrates:- first, were they prepared to deprive the owners and tenants of their property, and secondly, the licenses having all been renewed since any conviction had taken place, were they prepared to deprive the owners of their property without their having an opportunity and investigating the charges brought against them. It would save a great deal of time if the Bench would consider those two points.

Mr Bodkin followed with a few supplementary remarks. He referred to the case of “Sharpe v Wakefield”, in which the decision had been given that a licence, whether by way of renewal or whether it was an annual matter to be considered year by year, and not renewed as of right. He quoted from the remarks of Lord Halsbury, who seemed to consider that in dealing with renewals they ought not to deal with them exactly in the same way as in new applications. He dwelt upon the fact that last year all the licenses were renewed, and that though no new licenses had been granted for many years, the borough had increased in population, and there had been an entire absence of legal proceedings against any of the houses in the past year.

Mr. Minter, who appeared, he said, for the tenants, emphasised what had fallen from the other two legal gentlemen, and said it would be unnecessary for him to make any lengthy remarks. Mr. Glyn had referred to the population having increased twofold since those licenses were granted. There was another very important matter for consideration, and it was this. That although the population had increased twofold since the whole of those licenses were granted, during the last twelve years no new licenses had been granted. Mr. Glyn had also referred to the hardship on the owners if they lost their property, having regard to the fact that there had been no conviction against the tenants during the year, but in addition to that he desired to call attention to what was the intention of the legislature. The legislature had provided that in all cases where owners of licensed houses were brought before the Bench and charged with any offence against the licensing laws, the Magistrates had the power, if they deemed the offence was of sufficient importance, to record that conviction on the licence. They could do that on a second conviction, and on the third occasion the legislature said that the licence should be gone altogether. He was happy to say there was no record on any one of the licenses of the applicants, notwithstanding that they might have been proceeded against and convicted before the last annual licensing meeting. That showed they were of such trivial account that the Magistrates considered, in the exercise of their judgement, that it was not necessary to record it on the licence. Was there any stronger argument to be used than that the Magistrates themselves, although they felt bound to convict in certain cases, did not record the conviction on the licence? He cordially agreed with the suggestion of Mr. Glyn that the Magistrates should retire and consider the suggestion he had made, and he thought they would come to the conclusion that all the licenses should be renewed. There were cases where the houses could claim renewals as a right, and in which he should be able to show the licenses existed before 1869. That course would save a great deal of time.

Mr. Montagu Bradley claimed to be heard on behalf of the Good Templars.

The Court held that Mr. Bradley had no locus standi, as he had not given notice to the applicants that he was going to oppose.

Mr. Bradley thereupon withdrew.

The Magistrates again retired, and on their return the Chairman said the Magistrates had decided that where it was a question of disorderly conduct, it was to be limited to during the year just ended, and not to go into questions prior to the annual licensing day of last year. They thought it right that the cases should be gone into, in order that they might know what the objections were.

Mr. Glyn enumerated the houses, and they were then gone into separately in the following order:

The Welcome, Dover Street

This house, otherwise “The Cutter” belongs to Messrs Moxon, brewers. Mr. Glyn said it was a very old house, and doing a fair business.

Sergeant Swift said there were eight licensed houses within 100 paces.

Superintendent Taylor said there were about 150 houses in Dover Street, and four licensed houses. There had been four tenants since 1891.

Mr. Glyn: It has never been held that that is a ground for refusing a licence. I should like to see the case.

Richard Moxon, of the firm Ash and Co., said the house had belonged to the firm many years – it might be 150. (Laughter) It`s value was close on £1,000. It had a very respectable tenant against whom there were no complaints.

By Superintendent Taylor: there have been four tenants.

Mr. Minter: Oh, Burgess was convicted, and they got him out. They wanted a respectable tenant.

Mr. Glyn then addressed the Bench on the whole of the cases, and urged that no Bench had ever refused a licence where there had been no complaint or conviction. He said the Superintendent had conducted the cases ably and fairly, but he had picked out several houses and asked the Bench to refuse licenses to them. How, he asked, could they do so? It would be very nice for the owners of other houses, no doubt. He emphasised his remarks that no Bench in the county had refused a licence on the ground that it was not wanted. Nothing had occurred in the neighbourhood to alter the position of things, yet Folkestone was asked, as it were, to set an example to other boroughs in the county, and to confiscate his clients` licenses, when there was no ground whatever for that confiscation. It was not a small matter. It was not a question of £15. The lowest value was put at £800. The ground of objection was merely that the licenses were not wanted, although they had been in existence many years, and the owners had spent large sums of money on the houses on the faith of the licenses which the justices` predecessors had granted, and which they themselves had renewed. The population had largely increased, and the Magistrates had refused to grant fresh licenses because they thought there were sufficient. He ventured to submit that they would not do what other Benches had refused to do, and deprive his clients of their property. They looked to the Magistrates to protect their property and their interests. If there had been any strong views in operation against the licenses among the public, it would be different. But they had not expressed any such views. There was the Watch Committee, the proper authority to raise those points, who had declined to support the objection, which came from a member of their body, who was not present, and who had not taken part in the proceedings. He asked them, without any fear of the result, to say that under all the circumstances they were not going to deprive his clients of their licenses.

There was some applause when Mr. Glyn finished his speech.

The Justices then adjourned for an hour to consider all the cases.

On their return Mr. J. Clark, the Chairman, said: The Magistrates have had this question under consideration, and they have come to the decision that all the licenses be granted, with the exception of the Tramway Tavern. (Applause)

Mr. Glyn said he need hardly say they were much obliged to the Chairman and his brother Magistrates for the care they had given the matter. With regard to the Tramway Tavern, he asked if they would allow him, in the event of the owners deciding to appeal, which it was probable they would do, to serve the notice on their Clerk.

Mr. Bradley said there was no objection to that.

Mr. Glyn said his friends felt they ought to acknowledge the very fair manner in which Superintendent Taylor had conducted those proceedings.

The business then terminated.

Folkestone Herald 16-9-1893

Editorial

The large audience who crowded into the Licensing Justices` Court at the Town Hall on Wednesday last were evidently representative of the interests of the liquor trade in this Borough. Every stage of the proceeding was watched with the closest attention, and it was impossible not to recognise the prevalent feeling that a mistake had been committed in objecting wholesale to the renewal of licenses. Thirteen houses in all were objected to, but as two of them, through a technical point of law, were entitled to a renewal, there remained eleven as to which the Justices were asked to exercise their discretionary powers. In the event, after a long hearing, and a weighty exposition of law and equity, the decision of the tribunal resulted in the granting of ten of these eleven licenses and the provisional extinction of one, as to which, no doubt, there will be an appeal. As this journal is not an organ of the trade, and as, on the other hand, it is not inspired by the prohibitionists, we are in a position to review the proceedings from an unprejudiced and dispassionate standpoint. At the outset, therefore, we must express our disapproval of the manner in which the cases of those thirteen houses have been brought up for judicial consideration. It was rather unfortunate that a Magistrate who is so pronounced a Temperance advocate as Mr. Holden should have taken a prominent part in having those houses objected to. We say nothing of his official rights; we only deprecate the manner in which he has exercised his discretion. We think it likely to do more harm than good to the Temperance cause, inasmuch as it savours of partiality if not persecution. We also think that Mr. Holden would have done well not to have taken his seat on the Licensing Bench. It would be impossible to persuade any licence holder that the trade could find an unbiased judge in the person of a teetotal Magistrate. Conversely, it would be impossible to persuade a Temperance advocate that a brewer or a wine merchant could be capable of passing an unbiased judgement upon any question involving the interests of those engaged in the liquor traffic. The presence of Mr. Holden on the Bench was not allowed to pass without protest. Counsel for the owners handed in a written document, the Justices retired to consider it in private, and as the result of that consultation Mr. Holden did not resume the seat he had originally taken. The legal and other arguments urged by the learned Counsel for the owners and the tenants are fully set out in our report. We attach special importance to one contention, which was urged with a degree of earnestness that made a deep impression in Court, and will make a deeper impression outside. All these houses, be it remembered, had had a renewal of licence at the annual licensing meeting held last year. At that date the discretionary power of the Court had been as firmly established in law as it is at the present moment. At that date whatever laxity had taken place during the previous year in respect of the conduct of any one of those thirteen houses had been condoned by the renewal of the licence. At that date the congestion of public houses in particular parts of the town was as notorious as it is now, and nothing had happened in the interval to change in any material degree the general circumstances which prevailed in 1892 when the licences were renewed. In no single case out of the thirteen has there been a conviction recorded on the licence since the licenses were renewed in 1892, and under these circumstances it was argued by Counsel that to extinguish any one of these licences would amount to an act of confiscation. There can be no pretence for saying, therefore, that the objections raised this year to the renewal of the licences originated in the laches of the tenants themselves. They had their origin with either the Bench as a whole or a section of the Bench, and it was at the instance of the whole body or of a section of the Justices that the chief officer of police was instructed to report upon the question. So far as the ordinary course of police supervision was concerned the houses, with one solitary exception, appeared to have had a clear record, there being no conviction for any infraction of the Licensing Acts. It therefore savoured of persecution to arraign the whole of these thirteen houses and to press against them the argument that they are not required by the population, although last year the Justices, by renewal of the licenses, had decided that they were. Under these circumstances it was rather unfair to throw upon the Superintendent of Police the onerous and invidious duty of making the best case he could in support of the objections. It is only right to say that the fair and straightforward manner in which that officer discharged the duty elicited the commendation of everybody in Court – Bench, advocates, and general audience. Ultimately the Justices renewed all the licenses, with the exception of that of the Tramway Tavern, and on this case their decision will be reviewed by an appellate court. The impression which all these cases have created, and will leave on the public mind, is that the Temperance party have precipitated a raid upon the liquor shops, and that in doing so they have defeated their own object. Persecution and confiscation are words abhorrent to Englishmen. The law fences the publican round with restrictions and penalties in abundance, but in teh present case the houses had not come overtly within the law. To shut up the houses would therefore savour of confiscation, although in strict law the licence is deemed to be terminable from year to year. In the result the victory lies with the trade, and the ill-advised proceedings against a whole batch of houses have created a degree of sympathy for the owners and tenants which was given expression by the suppressed cheers that were heard on Wednesday at the close of the investigations.

Licensing

It will be remembered that on the 23rd ult. the Justices adjourned until the 13th inst. the hearing of objections to the renewal of the following licensed houses – Granville, British Colours, Folkestone Cutter, Tramway, Royal George, Oddfellows (Radnor Street), Cinque Ports, Queen`s Head, Wonder, Ship, Harbour, Jubilee, Victoria – thirteen in all. These cases were taken on Wednesday last at the Town Hall, the large room having been transformed for the purpose into a courtroom. The Justices were Messrs. Clarke, Hoad, Pledge, Holden, Fitness, Poole, Herbert, Davy, Pursey, with the Justices` Clerk (Mr. Bradley, solicitor).

Mr. Glyn, and with him Mr. Bodkin, instructed by Messrs. Mowll and Mowll, of Dover, appeared on gehalf of the owners of the property affected; Mr. Minter, solicitor, appeared for the tenants; Mr. Montague Bradley, solicitor, Dover, appeared on behalf of the Folkestone Good Templars, Sons of Temperance, Rechabites, and the St. John`s Branch of the Church Temperance Society. Mr. Superintendent Taylor, Chief Constable of the borough, conducted the case for the police authorities without any legal assistance.

Mr. Glyn, at the outset, said: I appear with my learned friend, Mr. Bodkin, in support of all these licences except in the case of the Royal George, for the owner of which my friend Mr. Minter appears. Before you commence the proceedings I should like you to consider an objection which I have here in writing, and which I do not desire to read. I would ask if you would retire to consider it before proceeding with the business.

Mr. Montague Bradley: I appear on behalf of some Temperance societies in Folkestone.

Mr. Glyn: I submit, sir, that this gentleman has no locus standi.

The Justices now retired to a private room, and after about ten minutes in consultation all the Justices except Mr. Holden returned into Court. It was understood that the objection had reference to the appearance of Mr. Holden as an adjudicating Magistrate, that gentleman being a strong Temperance advocate.

Mr. Glyn then proceeded to say: Now, sir, it might be convenient if you take the Queen`s Head first, and I have formally to apply for the renewal of the licence of the Queen`s Head. That is a house which is well known by everybody, and by all you gentlemen whom I have the honour of addressing, as a most excellent house. The licence has been held for a very considerable number of years, and the present tenant has had it since 1889. It is worth £1,500, and the present tenant paid no less than £305 valuation when he entered that house. I need hardly tell you that the licence was granted a great many years ago by your predecessors and it has been renewed from time to time until now, when the Superintendent of Police has objected on the grounds that the house is not required and that it is kept in a disorderly manner. As to the objection made by the Superintendent, for whom I in common with all others have the highest possible respect, I think he will admit that the objection in not made of his own motion but that it is made in pursuance of instructions received from some members of the Licensing Committee. Of course the point has occurred to my learned friend and myself, and it is a very nice one, whether under those circumstances the requirements of the Section had been complied with, and as to whether, the Superintendent having really been acting as agent  for the Justices, he had any locus standi at all to oppose these licences. I must leave that to your body, guided as you will be by your most able Clerk. He knows the Section better than I do. He knows under what circumstances and objection can be raised, and that it must be done in open Court and not introduced in the way these objections have been raised. These observations apply to the whole of these renewals, and you will find in this case, sir, indeed in all these cases, that the Superintendent of Police in raising these objections has been raising them, as he says in his report, in pursuance of instructions he received from the Magistrates; therefore those gentlemen who formed that body and who give the Superintendent these instructions are really in this position, if I may so put it to them with humility, of people complaining, by having themselves directed an inquiry, upon which inquiry they propose to sit, and, as I understand, to adjudicate. Now, sir, I know from some long occasional experiences of this Bench that there is not a single member of this Bench who desires to adjudicate upon any case which he had prejudged by directing that the case should be brought before him for a particular purpose, and I only draw your attention to these matters because I am perfectly certain that on the grounds I am going to place before you this Bench will not refuse to renew any of these licences. I think it right, after very careful attention, to put those facts before you in order that when you retire you will consider exactly what your position is. There is another thing I ought to say which applies to all these applications. There is not a single person, not a single ratepayer, in all this borough – and I don`t know exactly what the numbers are, but they are very considerable – but there is not a single ratepayer who has been found to object to the renewal of any of these licences. Anyone would have a right to do it if he chose, and I feel certain that the Justices will think that where none of the outside public care to object, this Bench will not deprive the owners and tenants of their property simply because they themselves think that the matter ought to be brought before them, as I understand has happened in this case, for adjudication. Now, let us see the first ground of objection in respect of all these licences. The first ground in respect of each of these licences is that the licence is not needed, and I desire to make a few observations on that. I repeat that no ratepayer can be found here who is prepared to come before the Bench and raise this point. No notice has been given by anybody except by my friend the Superintendent, who has told us in his report that he has been acting upon the instructions of the Bench. But, sir, there is another and very important matter. I understand that in the Watch Committee, which one generally thought would be expected to get the ball rolling, if it is to be rolled at all – if, as my friend suggests, there is any public opinion upon it that these licences are not required – the Watch Committee has actually been approached in this case, that is to say, by some gentlemen connected with the Corporation. I don`t know whether it is any of the gentlemen I have the honour of addressing, but they have declined to have anything to do with it or to sanction any such device for the purpose of depriving my clients of what is undoubtedly their property. Therefore I venture to think, speaking with some little experience, that there never was a case in which licences were taken away simply because some of the learned Magistrates thought that the matter ought to be brought before them, and instructed the Superintendent to do so. Now, sir, I am dealing with the Queen`s Head, but among the licences are some beerhouses that existed before the passing of the Act of 1869, and the owner is therefore entitled to renewal, for although notice of objection has been given on the ground of disorderly conduct there has been a renewal, and that renewal has condoned any misconduct there might have been. Therefore these houses are absolutely entitled to renewal. Now, sir, with regard to these licences that were granted a great many years ago. Of course at that time, when the population of the borough was about half of what it is now, the Magistrates then thought they were required. Those licences have been renewed from time to time by your body, and are you really to say now that although these, or some of these, licences were granted when the number of inhabitants was 12,000, whereas it is now 25,000 – these licences were not required or are not necessary for more than double the original population? I venture to say that such an argument reduces the thing to absurdity. Of course I know, with regard to these houses, that in this case the Magistrates are clothed with authority, if they choose to deprive the owners and tenants of their property, if they think the licences are not required. But you will allow me to point this out to the Bench, that there is not a single Bench in this County – I am glad to be able to say – who yet have deprived an owner or tenant of his property simply because a suggestion has been thrown out. That is at any rate the case as far as Kent is concerned. It was done at one Bench in this County, but when it came on appeal at the Quarter Sessions they upset the decision of the Magistrates who had refused the renewal of the licence on that ground. This is the only instance I know, and I am sure that I am right, where a Bench in this County had been found to deprive an owner of his property which you are asked to do in this way, and a tenant of his livelihood. I venture to express my views, and I am sure that all the Bench will coincide with me, that it would be very unfair in such cases, when owners – whether brewers or private individuals – have paid large sums of money in respect of licensed houses, when those licences have been renewed from year to year, when the tenants have paid large sums in respect of valuation, and some of them have been tenants for many years and have gained a respectable livelihood in this business – it would be very unfair to deprive the owners and tenants of their property without giving them compensation of any kind for being turned adrift. That brings me again to a consideration I must bring before you, that these licences were granted at a time when the population of the borough was about half what it is now; but now you are asked to say that the licences are not required when the population has become twice as much as it was when the licences were originally granted. Perhaps my friend Mr. Minter will coincide with me that if you should consider this point in the first place and form an opinion on it, it would save a great deal of time. It is now a question as to whether you are, under those circumstances, prepared to refuse the renewal of any of these licences, having regard to the fact that there has not been a single conviction since the last renewal. Having regard to the fact that these licences were granted so long ago and have been renewed from time to time, having regard to the fact that there has been no conviction in the case of any one of them during the present year, and that if any offence had been committed prior to the last renewal it was condoned by that renewal – are you going to deprive the owners and tenants of their property? Now, I only desire to say another word. Some of these objections are made on the ground that the licences are not required; others refer to the fact that here have been previous convictions or that the houses have not been kept in an orderly way. Of course we shall hear what the Superintendent says, and we know that he would be perfectly fair to all sides, but I want to make a general observation about it, and it is this; whether or not these houses have been disorderly. As to that I think you would say that inasmuch as in any case where there has been a previous conviction and you had renewed the licence, that renewal condoned any previous offence. It clearly is so, and if there had been any offence committed since the renewal we should have to consider what was the class of offence which had been committed. But that does not apply in this case. In no single instance has there been a conviction in respect to any of the houses which Mr. Minter and myself ask for the renewal of the licence, and I am going to put to you what I understand to be an elementary proposition of law, that you would not deprive an owner of his property because it is suggested that a house has not been properly conducted where that owner has never had an opportunity of appearing before the Bench or instructing some counsel or solicitor to appear before the Bench in answer to any charge under the Act of Parliament which had been brought against his tenant. If there had been any charge in respect of any of these houses since your last renewal, the tenant would have been brought here, he would be entitled to be heard by counsel, and the question would be thrashed out before the Bench. That has not been done in any single case since you last renewed the licences of these houses, and I am perfectly certain that no Bench in this County, and no gentleman in Folkestone, would deprive an owner of his property simply because it has been suggested that since the last renewal a house has not been properly conducted, although no charge has been made against the tenant, so that he might have a right to put the the authorities to the proof of the charge. I am not aware of such a case, and I challenge anybody to show that there has been any single case before any Bench where a licence has been taken away after renewal following a conviction when there has been no criminal charge against that house, but only a general charge after the renewal. I submit that you are not going to deprive the owners of their property when there has been no charge of any kind investigated in this or any other court against the holders of those licences, and if you would retire and consider this point and give an answer upon it, it would save us a deal of time.

Mr. Bodkin followed on the same side dealing with the legal questions involved in the application.

Mr. Minter then addressed the Court as follows: I appear for the tenants of these houses. The learned Counsel have been addressing you on behalf of the owners, and though I cordially agree with everything that has been said by them, it will be necessary for me to make a few observations. Mr. Glyn referred to the population having increased twofold since these licences were granted, but there is another very important consideration, and that is this – that although the population has increased twofold since the whole of these licences were granted, within the last twelve years, I think I am right in saying that no new licence has been granted. Not only were the licences now under consideration granted when the population was half what it is now, but there has been no increase in the number of licences since that period I have named. The second point is with respect to the hardship which would fall upon owners if a licence were refused on the ground of convictions against the tenant. The learned Counsel has urged that it would be unjust to take into consideration a conviction that took place prior to the last annual licensing meeting, and you will feel the force of that argument. What is the intention of the Legislature? The Legislature has provided that in all cases where the tenants of licensed houses are convicted of a breach of the Licensing Laws the Magistrates have power to record that conviction on the licence, and on a third such conviction the Legislature says that the licence shall be forfeited altogether. Appearing on behalf of the tenants, I am happy to say that there is no such record on the licence of any one of the applicants, and notwithstanding that a conviction may have taken place prior to the last annual licensing meeting, the conviction was of such a trivial character that the Magistrates did not consider it necessary to record it on the licence. Is there any argument to be used that is stronger than that observation? You yourselves have decided that although you were bound to convict in a certain case, it was not of a character that required the endorsement of the licence, and after that conviction you renewed the licence, and again on a subsequent occasion. One other observation occurs to me, with regard to suggestions that have been put before you by Mr. Glyn and Mr. Bodkin, and I entirely concur in what has been said upon it. It is very pleasing to be before you, but I think it will be pleasing to us and you will be as pleased yourselves if time can be saved, and if you will only retire and take into consideration the points which Mr. Glyn has suggested to you, I think you will come to the conclusion that the applications should be granted, but I am excepting the one or two cases in which I appear and in which I can claim as a right to have the licence renewed as they existed before 1869, and therefore these special cases do not arise on the notice served upon my clients. I am sure you will not take offence if I put it in that way, but if we have to go through each one of these cases, and I appear for nine or ten, the tenants are all here and will have to go into the box and be examined, and their evidence will have to be considered in support of the application I have to make. Now let me call attention for a moment to the notice of objection. You may dismiss from your mind the previous conviction; the suggestion is that the houses are not required for public accommodation. I am prepared in each case with evidence to show that the public accommodation does require it, and the test is the business that a house does. I am prepared to show by indisputable evidence that the tenants has been doing a thriving business for the last four or five years, that it has not decreased, and how is it possible with that evidence before you to say that the licence is not wanted? You may regret, possibly, that the number of houses is larger than you like to see, but you would not refuse to entertain the application made today unless you were satisfied that the houses were not wanted for the public accommodation. I hope you will take the suggestion of Mr. Glyn and that you will renew all the licences that are applied for, particularly as there is not a single complaint against them.

Mr. Montague Bradley: I claim the right to address the Bench.

Mr. Minter: I object.

Mr. Bodkin: My friend must prove his notice of objection.

Mr. M. Bradley: I should like Mr. Glyn to state the Section under which he objects to my locus standi.

Mr. Glyn: I should like to know for whom my friend appears – by whom he is instructed.

Mr. M. Bradley: I appear on behalf of Temperance Societies of Folkestone – Good Templars and others.

Mr. Glyn: Now, sir, I submit beyond all doubt that the practice is clear.

Mr. M. Bradley: I think, sir, that the question ought to be argued. I should like to hear Mr. Glyn state his objection.

Mr. Minter: We have objected on the ground that you have not given notice of objection.

Mr. Glyn: My friend should show his right – how he proposes to establish his right.

Mr. M. Bradley referred to Section 42, subsection 2.

Eventually the Chairman said: Mr. Montague Bradley, the Bench are of opinion that you have no locus standi.

Mr. M. Bradley: Very well, sir.

The Justices now retired to their room.

The Chairman on their return said: The Magistrates have decided that where there is a case of disorderly conduct it is to be limited to within the year, and that the Superintendent is not to go into any case previous to the annual licensing day of last year. We think it right that Superintendent should state these cases and that they should be gone into in order that we may know what these objections are.

The cases not eliminated by this decision were then proceeded with, seriatim, and are noticed below in the order in which they were called.

The Welcome, or Folkestone Cutter

The ground of objection to this house was the same as in the last case.

Sergeant Swift found eight other licensed houses in a radius of 100 paces, and of 130 houses approximately in Dover Street, four of them were licensed, said the Superintendent, but Counsel said this could not be held as evidence that the house was not required.

Mr. Richard Moxon, of the firm of Ash and Co., brewers, said his firm purchased the house many years ago, and it`s value was £1,000. He admitted that since 1891 there had been four tenants, and he supposed they had been got rid of because they had been complained of. The present tenant was a very respectable man, and there was no complaint against him.

On the conclusion of the cases Mr. Glyn rose and said: The result of these inquiries is, sir, that in respect to all the houses except the Tramway Tavern there is no serious charge of any misconduct of any kind. It is only in the case of the Tramway Tavern that a serious attack has been made, and I have already addressed you as to the Tramway Tavern. If the brewers had notice they might have had an opportunity of testing the case, whether the house has been properly conducted or not, and I challenge anybody to allege that any Bench of Justices in this County other than the Bench I have alluded to have ever refused to grant the renewal of a licence unless the landlord had had notice, or unless there has been a summons or conviction against the tenant. I take that point, sir. It is a technical point, but I have not the slightest doubt that it is conclusive against the points raised. Now, with regard to the other houses, except the beerhouses which have a positive right of renewal. The only other question is whether the remaining houses are wanted or not. The Superintendent of Police has conducted his case most fairly and most ably indeed, and he picks out certain houses and asks the Magistrates to deprive the owners of their property and the tenants of their livelihood, and he asks that other houses may remain. How on earth are you to draw the line?  There are seven houses in one street, and how can you deprive four of them of their licence, and grant the renewal of licence to the other three?  I must again put before you that no Bench of Magistrates in this County have refused to renew a licence – with the exception of the case which I put before you, and in that case they were overruled – to any old licensed house on the ground on which you are asked to refuse, viz., because it is suggested that the house is not wanted. The County Magistrates, as well as the Magistrates in Boroughs, have felt this, inasmuch as their predecessors in office have granted licences upon the faith of which repairs have been done and expenditure has been incurred, it would be unfair to take that property away unless – as the late Lord Chancellor pointed out – something fresh had happened to alter the neighbourhood since the time of the last renewal. It is not suggested here that anything has occurred with respect to any one of these houses in order to satisfy you that they should be taken away as not being required, and I venture to submit that this Bench at any rate would not adopt a policy of confiscation, for I cannot call it anything else, and, as it were, set an example to other Benches in the County by confiscating my clients` property in any of these cases, having regard to the fact that they are old licences, having regard to the fact that the population has increased twofold, and having regard to the fact that nothing fresh, in the words of the Lord Chancellor, has arisen to induce you to deprive the owners of the licences that were renewed last year. I submit that you, gentlemen, will not be a party to the confiscation of property. It is no small matter that you have to consider. It is not a question of £10 or £15, for the lowest in value of the houses before you today is £800, and the licences have been granted by your predecessors and renewed by you. Your population has largely increased since those licences were granted, and as my friend (Mr. Minter) has pointed out, you have refused to grant any new licences, and under these circumstances I venture to submit that you will not deprive my clients of their property. My clients look to you to protect their property; they have no other tribunal. If there had been any strong view in the Borough against these licences the public would have expressed their views by giving notice of opposition, but they have not done it, whereas the Watch Committee, the proper body to raise these objections, have declined to touch it. Where does the objection come from? It comes from a member of your body, who has not taken part in these proceedings, but who has suggested that the Superintendent of Police should give notice in respect of these houses and have these cases brought before you. I thank you very much for the kind way in which you have listened to my observations and those of my friends, and without fear of the result I am confident that you are not going to deprive my clients of their licences, to which, I submit, the law entitles them. (Suppressed applause in the body of the court)

It being now 2.50, the Justices adjourned for an hour, returning into court just before 4 o`clock.

The Chairman then said: The Magistrates have had this question under consideration, and they have come to the decision that all the licences be granted, with the exception of the Tramway Tavern. (Suppressed applause)

Mr. Glyn now applied that, in the event of an appeal, notice of appeal served on the Justices` Clerk should be accepted by the Justices.

This was at once acceded to.

Mr. Glyn: My clients all feel, sir, what the professional men around the table knew before, the fair way in which Mr. Superintendent Taylor has conducted these proceedings.

 

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