Folkestone Chronicle
18-1-1902
At the Folkestone Police Court on Wednesday, a case of
considerable importance was heard before Messrs. W. Wightwick, C.J. Pursey, and
G.I. Swoffer. Mr. T. Stainer was also present, but did not adjudicate.
James Hills, of the Imperial Hotel, Black Bull Road, was
summoned for an offence under the Child Messenger Act: “That he did supply a
child under the age of 14 with a pint of beer, the vessel which contained the
same not being securely sealed according to the requirements of the Act”.
The Magistrates` Clerk (Mr. Bradley) having read the section
relating to the summons, defendant was asked to plead.
He replied: I do not know what you mean. What is the Act?
Mr. Bradley: As a publican you ought to know.
P.C. Thomas Sales said: At about 7.40 on the evening of the
5th inst. I was on duty in Black Bull Road, when I observed a child,
Bessie Stokes, carrying a bottle similar to the one now produced. She went into
the Imperial Hotel, and when she came out, from what she told me I examined the
bottle. I saw that there was a label over the cork; it was partially stuck and
fastened to the nose of the bottle. I took hold of the label and easily removed
it without damaging it. I then took the child back into the public house and
found defendant and his son behind the bar. I said to them “Have you just
served this child?”, and at the same time produced the bottle and label.
Defendant said “Yes, I served her with a pint of beer, and I stuck the seal on
it”. I replied “I have removed the label. You can see that it is not broken. The
child is under the age of 14”. I added “I shall make a report of this case. It
is a question whether this label is a seal”. Defendant replied “Stick it on
again”. I then left the premises with the child, saw her parents, and was
informed that the child was eight years of age. Shortly afterwards, defendant`s
son saw me, and from what he said I again saw the defendant, and said to him
“You quite understand what I am going to report you for, Mr. Hills?” He replied
“I know you are going to make a case, and you are going to make an example of
me”.
Eliza Stokes, wife of William Stokes, 6, Park Street,
deposed to the child and the policeman bringing home the beer, and said that
the child was eight years of age last November.
The Chief Constable said that was the case, and called the
attention of the Bench to the latter portion of Section Five of the Act, which
related to a sealed vessel, contending that to properly seal meant that the
seal could not be removed without being damaged or destroyed.
Defendant, who, by the way, is not a member of the Licensed
Victuallers` Association, although offered, refused legal assistance. He said
he was under the impression that everything was all right. He had acted in
accordance with the instructions of the Act to the best of his ability.
The Bench retired to deliberate, and upon their return into
Court five minutes later, the Chairman said: Mr. Hills, as a licensed
victualler you are supposed to know the law, and it your duty to see that you
comply with the Act. Sealed means secured, and there is no doubt in the minds
of the Bench that an offence has been committed. This being the first case, the
Bench will only fine you the nominal penalty of 5s. and 15s. costs. The licence
will not be endorsed. You might not have been aware of it, but there is no
doubt that the use of a label improperly secured is an offence under the Act of
Parliament.
The case caused considerable interest among licence holders
in the town, many of whom are evidently incensed against Mr. Hills, in that he
was not properly defended in the very first case tried concerning a matter of
so much importance to the trade, it being felt that a penalty which would have
carried reasonable ground for appeal should have been asked for.
Folkestone Express
18-1-1902
Wednesday, January 15th: Before W. Wightwick
Esq., Alderman Salter, G.I. Swoffer, and C.J. Pursey Esqs.
James Hills, of the Imperial Hotel, was summoned for
allowing his son to deliver to a child named Bessie Stokes, under the age of 14
years, a pint of beer in a vessel not properly sealed..
The defendant said he did not understand the Act.
The Magistrates` Clerk said being a publican, he ought to
know it.
P.C. Sales said about 7.40 on the evening of the 5th
inst. he was on duty in Black Bull Road, and saw a child named Bessie Stokes
carrying a bottle similar to the one produced. She went into the Imperial Hotel
and came out again. He saw she had a bottle containing liquor, and he examined
it, and saw there was a label on it (produced) stuck over the top of the cork,
and fastened or partially stuck on the nose of the bottle.
Mr. Wightwick: Over the cork and over the bottle too?
Witness said “Yes”. He took hold of the label, and easily
removed it without damaging it. He took the child back into the public house.
Defendant`s son was behind the bar. He said to him “Have you just served this
child?” At the same time he produced the bottle and label. Defendant`s son said
“Yes, I served her with a pint of beer and stuck the seal on”. Witness said “I
removed the label, which you see is not broken, and the child is under 14 years
of age”. He had the label in his hand. He told defendant he should report the
case, and question whether the label was a seal. He replied “Stick it on
again”. Witness left the premises with the child, saw her parents, and
ascertained that she was eight years of age. Shortly afterwards defendant`s son
saw him, and owing to what he said he again saw defendant, and said “You quite
understand what I`m going to report you for, Mr. Hills? For not sealing the
vessel”. He replied “I know, you are going to make a case and make an example
of me”. The bottle contained a pint of beer.
Eliza Stokes, wife of Wm. Stokes, of 6, Park Street, and
mother of the little girl, said on the 5th her daughter brought home
a pint of beer from the Imperial Hotel in a bottle. Her age was eight last
November.
The Superintendent of the police directed attention to the
section of the Act which said that the vessel should be sealed with some
substance without the destruction of which the plug, cork, or stopper could not
be withdrawn. In this case the label was removed and not destroyed.
Defendant: But the cork could not be.
Mr. Wightwick: Have you anything to say?
Defendant: Not in the least. Everything is right. I acted
according to the Act to the best of my ability. I did not wish to do anything
wrong. The firm sent me a letter. Perhaps you would like to see it? I acted up
to it.
The Magistrates retired, and on returning, Mr. Wightwick
said: As a licensed victualler you are supposed to know the law. You seem to
think, because you put a label on the top of the bottle like that you complied
with the Act. The Act says distinctly that the expression “seal” means secured
with some substance, without the destruction of which the cork, plug, or
stopper cannot be withdrawn. Of course this label was not even stuck, and could
be removed like that. The result is that you have committed an offence under
the Act of Parliament providing that it must be secured and sealed up properly.
It is well for all the licence holders to bear this in mind. This is the first
offence, and you are liable to be fined 40s., but we take into consideration
the fact that probably you may have mistaken the Act, and therefore we shall
give you a nominal penalty of 5s., and the costs are 15s. We shall not endorse
the licence, because no doubt you mistook your duties. We are sorry to be
obliged to fine you 5s. and 15s. costs.
Mr. Wightwick, continuing, said the Bench would like to ask
the Superintendent how it was the person who sent the child to the public house
was not also before them? That was an
offence under the Act.
The Superintendent said the matter of taking proceedings was
under his consideration.
Folkestone Herald
18-1-1902
Local News
Much interest was evinced in the first case under the new
Children`s Bill (Intoxicating Liquor Act), which was heard in Folkestone on
Wednesday. The case was a somewhat peculiar one, owing to the fact that the
barman of the house had placed a seal over the cork of the bottle, but that
this was alleged not to have been properly secured. It was, we believe, the
first prosecution of the kind in the country, and the Magistrates had a rather
knotty point to decide. A large number of people were present in court to hear
the evidence, which we give below. The charge was against James Hills, landlord
of the Imperial Hotel, Black Bull Road, and was described as a breach of the
Intoxicating Liquor (Sale to Children) Act.
The Chief Constable (Mr. Reeve) said defendant was summoned
for having allowed his son to serve a child with one pint of beer in a bottle
not properly sealed according to the Act.
Defendant, when asked whether he was Guilty or Not Guilty,
said: I don`t understand you. What is the Act?
Magistrates` Clerk (Mr. H.B. Bradley): You will know
presently.
Chairman: It will be Not Guilty.
P.C. Sales said at 7.40 on the evening of the 5th
inst., he saw a child named Bessie Stokes go into the Imperial Hotel. Shortly
afterwards she came out with a bottle, like the one produced, in her hand, and
from what she told him in reply to questions he examined the bottle, and saw
there was the label produced stuck over the cork and partly stuck to the sides
and nose of the bottle.
The Chairman: Was this stuck down over the cork and over the
bottle?
Witness: Yes, sir. I then took hold of the label and easily
removed it without damaging it in the least. I took the child back into the
house and found defendant and his son behind the bar. I said “Have you served
this child?”, at the same time producing the bottle and the label. I said “I
removed the label, and you see it is not broken. The child is under 14 years of
age”. I said to the defendant “I shall make a report of this case. It is a
question of whether the label is a seal”. He replied “Stick it on again”. I
then left the premises with the child, saw her parents, and ascertained that
she was eight years of age. Shortly afterwards the son saw me, and from what he
said I again saw defendant. I said to him “You quite understand what I am going
to report you for, Mr. Hill; for not sealing your vessel?” He replied “I know,
you`re going to make a case; you`re going to make an example of me”.
Eliza Stokes, wife of William Stokes, residing at 3, Park
Street, said she remembered the constable coming to her house on the evening of
January 5th with her child Bessie. The child had a bottle like the
one produced, in which was a pint of beer. Witness knew that her daughter
fetched it from the Imperial.
The Chief Constable said he would like to call the attention
of the Justices to Section 5 of the Act, which says “The expression seal means
secured by any substance without the destruction of which the stopper, plug or
cork cannot be withdrawn”.
The Chairman: Have you any witnesses to call?
Defendant: Not at all.
Chairman: Have you anything to say?
Defendant: No, I have nothing at all to say. Not in the
least. Everything is all right. I acted according to the Act to the best of my
ability. The firm sent me a letter, which perhaps you would like to see, and I
acted up to it.
The Magistrates retired, and returned into Court after about
ten minutes deliberation, when the Chairman said: As a licensed victualler, Mr.
Hills, you are supposed to know the law. You seem to think that because you put
a label on the top of the bottle without fastening it down it complies with the
Act, but the Act says distinctly that the expression sealed means secured by
any substance without the destruction of which the stopper, plug or cork cannot
be withdrawn. Of course this was not even stuck down. There is no doubt you
have committed an offence under the Act of Parliament, which says that a vessel
containing liquor must be secured and sealed. It is well that all licensed
victuallers should bear that in mind. This is your first offence, for which you
are liable to a fine of 40s. We have taken into consideration that you have
probably mistaken the Act, and shall only impose a nominal fine of 5s. and 15s.
costs. We shall not endorse the licence.
Then, addressing the Chief Constable, Mr. Wightwick said: We
should like to ask how it is that the person sending the child is not also
brought before us?
The Chief Constable: That is a matter which is under my
consideration as to whether we shall issue a summons or not.
Folkestone Programme
20-1-1902
Notes
One of the first convictions in the country under the Child
Messenger Act was heard at Folkestone. The case was one which aroused some
interest, especially amongst temperance advocates and the local licence
holders. The Act requires that no messenger under the age of fourteen years
shall be served with intoxicating liquors except in bottles or other utensils
“securely corked and sealed”.
In the case in point a child of eight was sent to the
defendant`s public house, was served with beer, and the defendant not only
corked the bottle, but placed over the stopper a gummed label, such as those
who purchase bottled beers and bottles of aerated waters are familiar with.
Just outside the public house a policeman met the child, and with apparent ease
he removed the label without damaging it. In the same way a letter for post may
be opened after being sealed, or a postage stamp may be removed immediately
after it is affixed to a letter or package. It is not believed generally that
the legislature ever intended that the security should be cut so fine as in
this case; any more than it is expected that the publican should detain the
messenger and the utensil until the label dried. The great Trade Organisation
took eminent counsel`s opinion on the subject, and the brewers gave directions
to their tenants accordingly. Hence the use of the label, which, according to
the Folkestone Bench of Magistrates, is not in compliance with the Act.
One would have thought that the local Trade Protection
Society would have taken some action in the case, if only to draw an
explanation from the Bench as to the meaning of the special section of the Act
to which the Chief Constable directed attention. Nor is it easy to see what
action can be taken by the parents. If the publican is compelled to cork and
seal the full bottle securely, it is too ridiculous to suggest that the parents
must send the empty bottle “securely corked and sealed”. The members of the
local Licensed Victuallers have, however, now decided not to serve any child
under the age of fourteen under any circumstances whatever. But the Society
hardly represents half the Trade in the district. It is a question whether
those landlords who are the mere servants of the brewers dare refuse serving
any child. All credit is due to the members of the Society for the steps they
have taken.
The Act falls far short of what was expected, inasmuch as it
does not prevent young children from going to public houses. In the Folkestone
case referred to, the messenger was but eight years of age and moreover a girl.
One of the strongest arguments in favour of a temperance measure was that children
under sixteen years of age should be prohibited from going to public houses.
But the Act which came into force on the first of this month does not protect
the child from the contaminating influences of such places if it succeeds in
making it difficult for the little one to sip from the bottle or utensil on the
way home. Advocates of temperance are thankful, however, for the very
incomplete Act they have got, and eagerly await the promised Government measure
of licensing reform to be brought into the House of Commons in this Session.
Southeastern Gazette
21-1-1902
Local News
At Folkestone on
Wednesday, James Hill, landlord of the Imperial Hotel, was, under Section 5 of
the Children`s Act, fined 5s. and 15s. costs for
serving a child with liquor in a bottle which was not properly secured. It was
stated that the child was seen to come out of the place with a bottle, on which
was a label, but this was not properly secured, a constable removing it without
injuring it.
Folkestone Chronicle
10-1-1903
Saturday, January 3rd: Before Lieut. Col.
Penfold, Colonel Westropp, and Messrs. G. Peden, T.J. Vaughan, and J. Stainer.
Stephen Brazier was summoned for being drunk on licensed
premises on the 26th of December.
Inspector Lilley said on the day in question he saw the
defendant in the Imperial Hotel, Foord Road. He was drunk, and was subsequently
ejected and taken to the police station, where he was detained until he became
sober. Defendant had a first given a false name and address.
Fined 2s. 6d. and 9s. costs.
Folkestone Express
10-1-1903
Saturday, January 3rd: Before Aldermen Penfold
and Vaughan, Lieut. Col. Westropp, G. Peden and J. Stainer Esqs.
Stephen brazier was summoned for being drunk on licensed
premises.
Inspt. Lilley said about 20 minutes past six on the 26th
of last month he heard a scuffle in the Imperial. On going inside he saw
defendant surrounded by six men, trying to put on his coat. Defendant was
afterwards ejected by the landlord and a barman, and then witness found he was
incapable of taking care of himself, therefore he took defendant to the police
station, where he was detained until sober.
Fined 2s. 6d. and 9s. costs.
Folkestone Herald
10-1-1903
Saturday, January 3rd: Before Alderman Penfold,
Lieut. Colonel Westropp, Alderman Vaughan, Councillor Peden, and Mr. Stainer.
Stephen Brazier was summoned for being drunk on licensed
premises. Prisoner pleaded Guilty.
Inspector Lilley stated that he went into the Imperial
hotel, Foord Road, and found defendant drunk, trying to get his coat on. When
outside he could hardly walk, so witness brought him to the station.
Defendant, who said he was very sorry, was fined 2s. 6d. and
9s. costs, in default 7 days` hard labour. The money was paid.
Folkestone Express
14-2-1903
Thursday, February 12th:
Before W. Wightwick Esq., Colonel Hamilton, Alderman Salter, W.G. Herbert, and
G.I. Swoffer Esqs.
James Hill, of the Imperial Hotel, Black Bull Road, was
summoned for selling drink to a drunken person on licensed premises.
The Town Clerk (Mr. A.F. Kidson) prosecuted, and Mr. J
Minter appeared for the defendant.
The Town Clerk stated that the summons was issued under
Section 13 of the Licensing Act of 1872, and opened the case in detail.
Mr. Wightwick asked if the case did not come under the new
Act.
Mr. Minter replied that it did not.
The Town Clerk thereupon called Henry Frederick Martin
Schutz, manager of the Leas Pavilion, who said Richard Gambrill was employed by
him as porter. He had been there seven months. On January 22nd, in
the evening about half past eight or a quarter to nine, he had occasion to send
him out. When he returned he came to the conclusion, by the way he answered
him, that he had had too much to drink, and he told him to go home. Under
ordinary circumstances he would have left work between ten and half past.
By Mr. Minter: During the seven months he had been in his
employ the man`s conduct had been very good indeed. He could not tell if during
the week previous he had been suffering from influenza. He knew he was an old
army man, but he had never heard that he had had a sunstroke in India. He
considered that on the evening in question he was not drunk, but under the
influence of drink. He might, however, have been suffering from the effects of
influenza. He seemed dazed. He had sent him to Mr. Pain`s in Sandgate Road with
a dozen lemonade bottles on an open tray, and he brought six back.
Mr. Minter: A pretty good performance for a drunken man,
isn`t it?
Charles Watson, living at 42, Fernbank Crescent, and staff
cook at the Leas Pavilion, said on January 22nd he went to the
Imperial Hotel about 10.40 at night. He saw Gambrill there, sitting on a seat
in the bar. He came out with him, and left him at the bottom of Walton Road. He
then seemed dazed, as if he had had two or three drinks.
By Mr. Minter: He saw Gambrill before he left the Leas
Pavilion on January 22nd. He had complained to him about a week
previous that he was suffering from influenza, and also of pains in the back
and head. In walking from the Imperial Hotel to Walton Road the man walked all
right. He was not drunk, but appeared to be under the influence of drink.
Amy Ruth Lane, living at 116, Garden Road, said on January
22nd she saw Gambrill at the Leas Pavilion at eight o`clock. She
noticed that he was very ill, which he had been for some time. He may have had
a drink, but had not had too much. She went to meet him when he left, and saw
him again in the Imperial Hotel. He was sitting down quietly and said he was
thinking. She asked him if he was coming home, and he got up and went out. She
went home with him and arrived home talking the same as usual. After he got
inside she locked the door.
At this point Mr. Minter objected. He did not think anything
which took place afterwards in his own house ought to be gone into here. He did
not think they ought to hear that on that particular charge.
The Chairman: Anything that took place in the house cannot
have anything to do with this case.
The Town Clerk was seen whispering to the Clerk to the
Justices, and Mr. Minter at once raised a vigorous protest. He said the Town
Clerk was whispering loud enough for a deaf man to hear. He was actually trying
to contradict his own witness, and he had never heard of such a thing in his
life.
The Town Clerk replied with equal warmth that he was simply
asking the Magistrates` Clerk if he could treat this witness as a hostile
witness, which he had a perfect right to do.
Mr. Minter retorted that he should have applied to the Bench
in the proper way, when he could have raised his objection.
The Chairman: I don`t think we will trouble Mr. Minter about
the matter. There is evidently no proof whatever that the man was drunk, and we
shall dismiss the case.
Folkestone Herald
14-2-1903
Thursday, February 12th: Before Mr. W. Wightwick,
Mr. W. Herbert, Alderman Salter, Lieut. Col. Hamilton, and Mr. G.I. Swoffer.
James Hill, landlord of the Imperial Hotel, was summoned for
selling beer to a drunken person.
Considerable interest was manifested in the case, the Court
being crowded. Defendant pleaded Not Guilty.
In opening the case for the prosecution, the Town Clerk (Mr.
A.F. Kidson) stated that the summons had been issued under Section 13 of the
Licensing Act of 1872, which provided “that any licensed person who sells any
intoxicating liquor to any drunken person shall be liable to a penalty not
exceeding for the first offence £10”. It was not necessary for him to prove
that the beer was actually sold to the man, neither was it necessary to prove
that the licensee himself must actually know what was taking place, as he was
responsible for the acts of his managers.
Mr. Kidson also reminded the Bench that the man in respect
to whom this prosecution had arisn fell down the steps at his home on the
evening of the alleged offence, and died from the injuries which he sustained.
An inquest was subsequently held on the body. Whatever the Magistrates`
decision was, added the Town Clerk, he felt sure they would come to the
conclusion that it was a proper case to be brought before them, and that the
police had not exceeded their duty in taking that step.
Henry Frederick Martin Schultz, manager of the Leas
Pavilion, was the first witness called. He stated that deceased, Richard
Gamble, had been in their employ as porter for about seven months. On Thursday,
the 22nd of January, about half past eight in the evening, he sent
him on an errand to Mr. Baines, jeweller, and from the answer he gave him on
his return he concluded that Gamble had had a “drop too much”. In consequence
of that, he told him to go home, but under ordinary circumstances he would not
have left work until between ten o`clock and half past.
Cross-examined by Mr. Minter, who appeared for the defence,
witness said that during the time Gamble had been in the service of the Leas
Pavilion his conduct had been very good indeed. He did not know that the man
was suffering from influenza, although the same evening he had heard someone
ask Gamble what was the matter with him. He had never heard that he had had a
sunstroke whilst in India, but knew that he was an old Army man.
Mr. Minter: Has one of the policemen been to you to ask for
information?
Witness: The Town Sergeant came and saw me about it.
Did Inspector Swift come to you? – Yes, he did.
When you told the Inspector he had had a drop too much, did
you not also tell him you did not consider the man was drunk? – I told him that
I did not think the man was drunk, but that he was under the influence of
drink.
Witness further stated that he sent Gamble with a tray
containing a dozen bottles of lemonade to Mr. Baines, whose residence was about
40 yards away across the road. He brought six bottles back again.
Mr. Minter: That is very good for a drunken man. (Laughter)
Charles Watson, a cook at the Leas Pavilion, said that on
the 22nd of January he went to the Imperial Hotel about 20 minutes
to 11 in the evening, and saw Gamble there. When they came out of the Imperial,
he left Gamble at the bottom of Walton Road. Whilst in the hotel, Gamble sat on
a seat in a sleepy attitude. He appeared to be dazed, and seemed as if he had
had two or three drinks. Half a glass of beer, he noticed, was on the counter
near him.
In reply to Mr. Minter, Watson said he saw Gamble at the
Leas Pavilion at nine o`clock. For about a week he had complained to him that
he was suffering from influenza, and had also complained of pains in his back
and head. During the time he was with him after leaving the hotel – a distance
of about 40 yards – Gamble walked alright. He (Gamble) was not perfectly sober,
he was under the influence of drink, but was not drunk. What he (witness)
observed might have been the effects of the pains in the man`s back and head.
Amy Ruth Lang, 116, Garden Road, who is also employed at the
Leas Pavilion, gave evidence to the effect that when she saw Gamble at eight
o`clock in the evening, he looked very ill. He might have had a drink, but he
had not had much.
At this stage, Mr. Minter interposed with the remark that he
hoped they were not all going to be told they were drunk when they had had a
glass of beer. If so, they would all be charged. (Laughter)
Continuing, witness observed that she saw Gamble later in
the evening at the Imperial, when he was sitting down quietly, and seemed to be
thinking. She asked him what was the matter with him, and he replied “Oh, I was
just thinking”. She went home with him, and he talked as usual.
The Town Clerk was proceeding to question witness relative
to what took place when witness and Gamble reached home, when Mr. Minter raised
an objection to anything which transpired in the house being introduced into
the case. The Bench upheld Mr. Minter`s objection, upon which the Town Clerk
intimated that his only object was to show the condition of the man when he
reached home.
This closed the case for the prosecution, and Mr. Minter was
about to address the Bench for the defence when he was told by the Chairman
that he need not trouble any further, as the Bench had come to the conclusion
that there was no proof whatever that the man was drunk. Therefore the case
would be dismissed.
Mr. Minter thereupon mentioned that defendant`s licence was
amongst those which were adjourned, and he had no doubt that it was adjourned
because of a prior conviction against him for not properly sealing a bottle. It
was the first case under the new Act in Folkestone, which place distinguished itself
by being the first to obtain a conviction of that kind, and it came off. As the
application for the licence was adjourned, and as some of the Magistrates were
on the Licensing Committee, he wanted to disabuse their minds of the slightest
pretence of that charge having been made.
The Chairman announced that the Bench were perfectly
satisfied with Mr. Minter`s explanation.
Folkestone Chronicle
7-3-1903
Adjourned Licensing Sessions.
On Wednesday morning the large hall at the Folkestone Town
hall was crowded to excess by temperance people, publicans, “trade”
sympathisers, and some hundreds of the neutral public, to witness the
anticipated legal combat over licensing matters in the borough. The Court
presented a very animated appearance. On the Bench were Mr. W. Wightwick,
Colonel Hamilton, Mr. W.G. Herbert, Mr. E.T. Ward, Mr. J. Pledge, Lieut. Col.
Westropp, and Mr. C.J. Pursey. Facing the Bench were a noble array of legal
luminaries, including Mr. Lewis Glyn K.C., and Mr. Percival Hughes, instructed
respectively by Mr. Martin Mowll and Mr. G. Haines, to represent the applicants
in the cases of opposed old licences; Mr. Thomas Matthew and Mr. Thorn Drury,
instructed by Mr. Minter, representing new applicants; and Mr. Montague
Bradley, solicitor, who held a watching brief for the Temperance Council. The
Chief Constable, Mr. Harry Reeve, was present conducting the opposition. These
gentlemen were flanked by the Press on one side, and on the other by either the
principals or representatives of the various breweries having interests in the
town, such as Messrs. Leney, Mackeson, Nalder and Colyer, Flint, G. Beer, etc.
The Chairman, in opening the Court, said that 23 full
licences stood adjourned since the previous Court. Since the adjournment,
enquiries had been made, and from those enquiries the Chief Constable was
instructed to persevere in the objection against nine houses, viz.: The
Providence, Mr. Arthur F. East; Marquis Of Lorne, Wm. R. Heritage; Granville,
Charles Partridge; Victoria, Alfred Skinner; Tramway, Fredk. Skinner; Hope,
Stephen J. Smith; Star, Ernest Tearall; Bricklayers Arms, Joseph A. Whiting;
and Blue Anchor, Walter Whiting. From a recent inspection of those houses,
however, the Bench had decided to withdraw the objections against the Victoria,
the Hope, and the Blue Anchor, and proceed with the remainder. Regarding the 17
houses which would that day have their licences renewed without opposition, the
Bench had decided to deal with them at the 1904 Sessions according to the then
ruling circumstances. The Bench desired to warn Mrs. Brett, of the Swan Hotel,
as to her husband`s conduct of the business. In the cases of the London And
Paris, the Imperial Hotel, the Mechanics Arms, and those houses against which
convictions were recorded, it was the desire of the Bench to warn the various
landlords that any further breach of the licensing laws would place their
licences seriously in jeopardy. With respect to the Imperial Tap (sic), the
Castle, and those houses which had been originally objected to for structural
alterations to be made, the Bench now renewed the licences on the condition
that the order made as to the various alterations should be carried out in 14
days. It was the wish of the Bench that the general warning should also apply
to the beerhouses under the Act of 1869.
Coming to the licences in the old portion of the town, the
Bench were of opinion that they were out of all proportion to the population,
and it was the purpose of the Bench to obtain information before the 1904
Sessions which would lead to their reduction. In the meantime, the Bench
invited the brewers and owners to co-operate with the Magistrates in arriving
at the mode of the reduction. Failing that, the Justices would take the matter
into their own hands, and, he hoped, arrive at conclusions on a fair and
equitable basis. (Hear, hear)
Mr. Lewis Glyn K.C. at once asked the Bench to withdraw
their opposition to all the opposed licences this year. With the whole of his
learned friends, he thought he was right in saying that in view of legislation
in the coming year it would be fairer to the Trade to wait until 1904 before
taking any drastic action. He would submit that because a neighbourhood
happened to be congested, it was hardly fair to take away one man`s living and
to hand it over to another, which such a proceeding practically meant.
The Chairman said the Bench would note Counsel`s
observations, but the applications must proceed in the usual way.
They
warned the holder of the licence of the Imperial Hotel, who was convicted on
the 15th of January, 1902, for selling beer to a child under 14
years of age, except in a sealed vessel, that any future breach of the
licensing laws would jeopardise his licence
Folkestone Herald
7-3-1903
Adjourned Licensing Sessions
The Adjourned Licensing Sessions for the Borough of
Folkestone were held in the Town hall on Wednesday. In view of the opposition
by the police to a number of the existing licences extraordinary interest was
evinced in the meeting, and when the proceedings commenced at eleven o`clock in
the morning there was a very large attendance, the “trade” being numerously
represented. Representatives of the Folkestone Temperance Council and religious
bodies in the town were also present, prominent amongst them being Mr. J. Lynn,
Mrs. Stuart, and the Rev. J.C. Carlile. Prior to the commencement of business
the Licensing Justices held a private meeting amongst themselves. When the
doors were thrown open to the public there was a tremendous rush for seats. The
Justices present were the following:- Mr. W. Wightwick, Mr. E.T. Ward, Mr. W.G.
Herbert, Lieut. Col. Hamilton, Mr. J. Pledge, Lieut. Col. Westropp, and Mr.
C.J. Pursey.
Before proceeding with the business, the Chairman announced
that at the Annual Licensing Meeting the Justices adjourned the renewal of 23
full licences and five on beer licences, and directed the Chief Constable to
give notice of objection to the owners of the licences of the following nine
houses:- Providence (Arthur F. East); Marquis Of Lorne (William R. Heritage);
Granville (Charles Partridge); Victoria (Alfred Skinner); Tramway (Frederick
Skinner); Hope (Stephen J. Smith); Star (Ernest Tearall); Bricklayers Arms
(Joseph A. Whiting); and Blue Anchor (Walter Whiting). Since the former
sessions the Justices had inspected all the houses objected to, and considered
the course which they ought to pursue with respect to the same, with the result
that they had directed the Chief Constable to withdraw the notices of objection
served by him with respect of the Victoria, Hope, and Blue Anchor, and to
persist in the opposition to the following:- Providence, Marquis Of Lorne,
Granville, Tramway, Star, and Bricklayers Arms. As regarded the remaining 15
full licences and five beer licences they would renew the same this year, and
deal with them next year according to the circumstances.
Folkestone Herald
12-9-1903
Thursday, September 10th: Before Aldermen T.J. Vaughan
and S. Penfold, and Lieut. Colonel Westropp.
Thomas Davis was charged with stealing a shilling from
Thomas Basset, a labourer.
Prosecutor stated that he had been in company with Davis
from about seven o`clock in the morning until about half past six in the
evening the previous day. At that time prisoner asked him to lend him twopence.
Witness took out a shilling from his purse, and prisoner, snatching it from
him, went into the Imperial and called for a glass of beer. He was refused,
because he had had enough to drink. When Davis came out of the public house
witness asked him several times for the shilling, but prisoner refused to
return it. He then gave prisoner into custody.
Inspector Swift proved the arrest of prisoner.
The Bench considered there was not sufficient evidence to
warrant a conviction, and the case was therefore dismissed.
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