Folkestone Daily News
15-2-1905
Wednesday, February 15th: Before Mr. E. Ward, Mr.
W. Carpenter, and Lieut. Col. Fynmore.
John Luck, landlord of the Welcome Inn, was charged with
permitting drunkenness on the premises.
Sergeant Osborne deposed that in company with P.C. Sharp he
visited the house and found a man named French very drunk. He was in the sight
of the landlord, and a man was offering him beer from a glass. On seeing me he
said a policeman was looking at him. Witness called the attention of the
defendant, who replied that he had not seen him or served him with anything. He
wanted him to leave. French was too drunk to stand, so he took him into
custody. He had been keeping observation on the house for a quarter of an hour.
There was nothing to prevent the landlord seeing him. French could not have
entered without witness seeing him. After taking French to the station, witness
returned at 11 p.m. and saw a drunken prostitute leaving, and two soldiers also
drunk. He had seen the prostitute there at 10.35. He told defendant two men
were drunk, and he referred to French, saying that he never saw him. He (the
Sergeant) went out and saw the soldiers, who were too drunk to walk, so the
Military Police took them into custody.
The Bench fined defendant £5 and 15s. costs.
Folkestone Chronicle
18-2-1905
Wednesday, February 15th: Before Mr. E.T. Ward,
Lieut. Col. Fynmore and Mr. W.C. Carpenter.
John Luck, landlord of the Welcome Inn, Dover Street, was
summoned on Wednesday morning for permitting drunkenness on licensed premises.
Mr. G.W. Haines, for the defence, tendered a plea of Not Guilty.
Police Sergt. Osborne said: At 10.35 on the night of the 8th
inst., in company with P.C. Sharp, I visited the Welcome Inn, Dover Street. I
went into the bar, and found a man named Charles France sitting on a seat very
drunk in full view of the landlord. A man was standing in front of France
offering him drink from a pint glass, apparently containing beer. France
attempted to get up, but the other man pushed him back, and said “Sit down, you
---- fool; there is a policeman looking at you”. I called the attention of the
landlord to the man`s drunken condition, and he replied “I have not seen the
man before; I have not served him. I want him to leave”. I then found France
was too drunk to stand, and with the assistance of P.C. Sharp took him into
custody and brought him to the police station, where he was charged with being
drunk and incapable on licensed premises.
By Chief Constable Reeve: Before visiting the house I had
been keeping observation for fifteen minutes, and it would not have been
possible for France to have entered without my seeing him. Defendant was
serving in the bar, and there was nothing to obstruct his view of the man
France. After taking France into custody I returned to the house just before
eleven. I saw a well-known prostitute named “Spratter” come out. She was drunk
and fell over the steps.
Mr. Haines objected to the introduction of evidence not
specific to the charge.
The Chairman held that the evidence was admissible, as the
charge was that of permitting drunkenness.
Witness (continuing): This woman was in the bar at 10.35. I
then went into the front bar and saw three soldiers, two of whom were drunk;
one was drinking from a pint glass. The landlord followed me out, and I said
“There are two men drunk in here”, and he made no reply. I told him that I
should report him for permitting drunkenness. Subsequently I saw the drunken
soldiers outside. One was leaning against a wall, and a lance corporal of the
Military Police took him into custody for drunkenness.
Further corroborative evidence was given, and the witnesses
cross-examined at great length by Mr. Haines, who also made a powerful appeal
to the Bench. However, the case was held to conclusively proved, and defendant
was fined £5 and 15s. 6d. costs.
Folkestone Express
18-2-1905
Wednesday, February 15th: Before E.T. Ward Esq.,
Lieut. Colonel Fynmore, and W.C. Carpenter Esq.
John Luck, landlord of the Welcome Inn, Dover Street, was
summoned for permitting drunkenness on his licensed premises on February 8th.
Mr. Haines, who appeared on behalf of the defendant, pleaded Not Guilty.
P.S. Osborne said on February 8th, at 10.15 p.m.,
in company with P.C. Sharpe, he visited the Welcome Inn. On going into the bar
at the back of the house he found a man named Charles France sitting on a seat
in full view of the landlord, who was serving in the bar at the time. A man
stood in front of France offering him a glass of beer. France attempted to get
up, but the other man pushed him down, and told him there was a policeman
looking at him. Witness called the attention of the defendant to the man`s
drunken condition, and he replied “I have not seen the man before. I have not
served him with anything”. Witness then found French was too drunk to stand, so
with the assistance of P.C. Sharpe he brought him to the police station and
charged him with being drunk and incapable on licensed premises. Before
visiting the house he had been keeping observation on the house for a quarter
of an hour, and it was not possible for a man to enter without witness being
able to see him go in. In the centre bar he saw two women and two men sitting.
After locking France up they returned to the house just as the clock was
striking eleven. He saw a well-known prostitute coming out of the house. She
was drunk, and stumbled as she came out. She was one of the women he had
previously seen in the house. In the front bar he saw three soldiers, two of
whom were drunk. As he opened the door he saw one drinking what appeared to be
beer. The landlord followed him into the bar, and witness said to him “There
are two men drunk in here”. He made no answer, and witness told him he should
report him for permitting drunkenness on his premises. The soldiers left the
house during his conversation with the landlord. On finishing his conversation
he went into Dover Street and saw one of the soldiers leaning against the wall,
drunk. He appeared as though he could not get home. Lance Corporal Preston, of
the Military Police, took him into custody for drunkenness. The man gave his
name as Michael O`Donnell.
Cross-examined, witness said he did not know when he was
keeping observation that France was inside.
P.C. Sharpe corroborated the last witness`s evidence.
Lance Corporal Preston, of the Military Foot Police, said on
February 8th he was in Dover Street a few minutes after eleven when
he saw a soldier who was drunk and unable to take care of himself. Witness took
him into custody. His name was Michael O`Donnell, of the South Lancashire
Regiment.
P.C. Eason said he was on duty in the police cells on
February 8th, when he received France from P.S. Osborne and P.C.
Sharpe at 10.45 p.m. He was drunk, and later a soldier named O`Donnell was
brought in. He was drunk and incapable.
Defendant went into the box, and said he had been in the
house since November 1st. That was the first licence he had held. On
the evening of February 8th he was very busy. He did not see France
come in the house. He did not serve him, and he could swear that the man had
nothing to drink. He did not think the man had been in the bar above five
minutes. In the one bar, where women were allowed, there were notices up saying
that no females were allowed in the house above ten minutes. With regard to the
soldiers, they came in a few minutes to eleven. Witness refused to serve them,
and when the police sergeant came in one of the soldiers picked up a glass
containing beer, which had been left on the counter by another customer. With
regard to the woman, she had not been served.
In cross-examination by the Chief Constable, defendant said
he wished he had never seen Folkestone. It was a difficult house to manage and
had got a bad name.
Mr. Haines submitted that the defendant took reasonable
precautions, and he was not aware of the man being drunk. With regard to the
woman, there was no evidence that she was drunk, only that she tripped over the
step. She had not been served by the defendant for half an hour at least. With
reference to the three soldiers, the defendant said he did not serve them. He
contended that the defendant had tried to keep the house in good order.
The Chairman said no doubt it was a very difficult house to
manage. To the Magistrates` mind the evidence was quite clear, and the defendant
would be fined £5 and 15s. 6d. costs.
Folkestone Herald
18-2-1905
Monday, February 13th: Before Mr. E.T. Ward,
Councillor R.J. Fynmore, and Mr. W.C. Carpenter.
John Luck, licensee of the Welcome Inn, Dover Street, was
summoned for permitting drunkenness on his licensed premises on the 8th
inst. Mr. G.W. Haines appeared for the defence.
P.S. Osborne deposed that at 10.35 on the night of the 8th
inst., in company with P.C. Sharpe, he visited the Welcome Inn, Dover Street.
In going into the bar at the back of the house he found a man named Charles
France sitting on a seat very drunk, in full view of the landlord, who was
serving behind the bar at the time. A man was standing in front of France, and
was offering him some beer. France attempted to get up, but the other man, on
seeing him (witness), pushed him back on the seat and said “Sit down, you fool;
there`s a policeman looking at you”. He called the attention of the landlord to
the man`s condition, and defendant replied “I have not seen the man before. I
have not served him with anything”. He then found that France was too drunk to
stand, and with the assistance of P.C. Sharpe took him into custody.
In reply to the Chief Constable, witness said before he
visited the house he kept it under observation for a quarter of an hour. It was
quite impossible for France to have entered the house during that time.
Defendant himself was serving in the bar at the time, and there was nothing to
obstruct his view of France. Having removed France to the cells, he returned to
the house with P.C. Sharpe just as the clock was striking eleven. He saw coming
out a well-known prostitute.
Mr. Haines objected to this as having nothing to do with the
present case, but the Magistrates disallowed the objection.
Witness, further examined by the Chief Constable, said the
woman was drunk and stumbled over the steps as she went out. He had not the
slightest doubt as to her condition. He went into the front bar, where he found
three soldiers, two of whom were drunk. One was drinking what appeared to be
some beer from a glass. As he opened the door the man reeled back against the
counter. The landlord followed him (witness) into the bar. He (the sergeant)
said “Why! Two men drunk in here?” The landlord made no reply. He told him he
would report him for permitting drunkenness on his premises. He replied “That
man (referring to France), I never saw him, never served him, and he could not
have been there many minutes”. The soldiers left the house during the
conversation with the landlord. He went out into Dover Street, and there saw
one of the three soldiers leaning up against the wall of the house, drunk. He
appeared to be unable to get home. It was the man who he saw drinking out of
the glass. Lance Corporal Preston, of the Military Foot Police, at that moment
arrived and took the soldier into custody for being drunk.
Cross-examined by Mr. Haines: While he was waiting outside
he did not know that France was in the house, or that there was a man drunk in
there at all. There was a notice in one of the compartments to the effect that
women were not allowed.
P.C. Sharpe corroborated.
Lance Corporal F. Preston, of the Military Foot Police,
stated that on the 8th inst., a few minutes after eleven o`clock, he
was in Dover Street, where he saw a soldier leaning against the wall. Seeing he
was drunk, and unable to take care of himself, he took him into custody.
P.C. Reason said he was on duty at the police cells on the
night in question, when the man France was brought in by Sergt. Osborne and
P.C. Sharpe. He was drunk and incapable of taking care of himself. He
afterwards received the prisoner brought in by the last witness, Corporal
Preston. The soldier was drunk, and gave the name of Michael O`Donnell.
Defendant, on oath, said he had kept the house since the 1st
of November. It was the first licence he had had. From where he was standing on
the night in question he would not be able to see anyone coming in from the
front door to the seat on which France sat, before the person got to the seat.
He was very busy at the time, but was sure that if France had been sitting
there for quarter of an hour he would have seen him. He could not have been
there for longer than five minutes. He did not serve France, nor did the man
have any drink in his house. He was sitting very quietly on a seat. He
remembered that the three soldiers entered the bar about closing time, and he
refused to serve them. He then went round to order them out, but when he got to
the passageway he met Sergt. Osborne, who told him he should charge him with
permitting drunkenness. The sergeant then referred to one of the three
soldiers, and said “You have a drunken man here”. At that time the man was
taking up some drink that was left on the counter. He was the only person
serving in the bar at the time. He did not admit that the man was drunk. The
house had a bad reputation when he took it, and he almost wished now that he
had never seen Folkestone.
Mr. Haines, addressing the Bench, pointed out that the house
in question was in a very crowded neighbourhood, and very strict supervision
was necessary. Formerly it used to be necessary for the police to show that the
landlord was aware of the drunkenness, but under the Act of 1902 the onus was
thrown upon the defendant, who had to show that he had taken reasonable and
proper precautions to prevent it, and that it was not within his knowledge. He
ventured to say that the defendant had endeavoured to conduct the house in good
order. If they thought otherwise, however, he hoped they would temper justice
with mercy.
The Chairman said the Bench had no doubt about the house not
being an easy one to control, but they had also no doubt that the evidence
clearly showed that there had been drunkenness.
Defendant was fined £5 and 14s. costs, in default, one
month`s imprisonment.
Folkestone Daily News
17-3-1905
Friday, March 17th: Before The Mayor, and Ald.
Vaughan.
A soldier was charged with being drunk and incapable in the
Welcome Tavern.
P.C. Prebble heard the scuffle and went in.
Mr. Andrews (Deputy Magistrates` Clerk) advised the Bench
that they could not convict under the circumstances. If the policeman had
brought the man into the street he could have been convicted, but while he was
in a private place no conviction could lie.
The case was dismissed.
Folkestone Express
25-3-1905
Friday, May 17th: Before The Mayor and Alderman
Vaughan.
Charles Healey, a private in the South Lancashire Regiment,
was charged with being drunk and disorderly in Dover Street the previous
evening. He pleaded Not Guilty.
P.C. Prebble said about 10.40 p.m. the previous evening he
was on duty in Dover Street outside the Welcome Inn, when he heard a noise
inside the house. On going inside, he found prisoner drunk and fighting with
another soldier. Witness had to eject him from the house, and subsequently had
to take him into custody, as he persisted in going back to the house.
Prisoner said it was the other man who was drunk.
John Luck, landlord of the Welcome Inn, said prisoner did
not seem drunk, but was very excited.
Prisoner was discharged with a caution.
Folkestone Daily News
30-8-1905
Wednesday, August 30th: Before Ald. Herbert,
Messrs. Carpenter, Salter, Fynmore, Vaughan, Westropp, and Hamilton.
Mr. Haines made an application on behalf of Mr. Luck for the
transfer of the licence of the Welcome Inn. Mr. Haines said his client was
making this application on account of the condition of his wife, who was in a
bad state of health.
Mr. Lick was then sworn and said he took the house last
September, but was ignorant of public house business. His wife had recently
become very strange, and he had sent her to Walthamstow with her friends. She
did not drink, although her appearance might suggest that she did. It was for
the purpose of being with her and going into a different business that he was
making this application. He had called in a doctor to see her while she was in
Folkestone, but she refused to see him.
Mr. Andrews (Deputy Magistrates` Clerk) pointed out that a
person could not apply for a transfer unless he had held the licence for twelve
months, but the Magistrates could, under certain circumstances, grant the
transfer if sufficient grounds were shown.
Mr. Haines said he thought good grounds had been shown why
the application should be granted.
After brief consultation the Chairman said the application
would be adjourned for a fortnight in order that Mr. Luck might produce a medical
certificate of his wife`s health.
Folkestone Chronicle
2-9-1905
Wednesday, August 30th: Before Alderman W.G.
Herbert, Lieut. Cols. Fynmore, Westropp, and Hamilton, Aldermen Salter and
Vaughan. Alderman Vaughan did not adjudicate.
Mr. G.W. Haines made an application for the temporary
transfer of the Welcome from the licensee, Mr. Luck, to Mr. Edward Henry
Tunstall, of London.
The usual notices, &c., having been admitted, Mr. Haines
said there was one point upon which he would like to address the Bench. It was
the clause in the Licensing Act which laid down that two transfers should not
be granted under a period of 12 months, unless, as the proviso put it, the
tenant could show good cause for such transfer. In this case he hoped to show
good cause. Mr. Luck`s wife`s mind had to a certain extent become affected, and
the tenant, as it were, losing his wife`s hand, wished to leave the trade.
This, he thought, was good cause why the stipulation should be waived.
The Chairman: Is the register here?
The Clerk produced the register, and pointed out that Mr.
Luck obtained his transfer on the 7th December last year. The
previous tenant, Mr. Jarvis, had obtained a transfer in April, also of last
year. For some reason the clause appeared to have been waived on that occasion.
On the 27th May, 1903, the licence of the Welcome was granted to
Charles Brown.
It was also stated that the previous tenant was convicted
for permitting prostitutes to frequent the house, and the present tenant, on
the 15th February this year, convicted for permitting drunkenness.
Mr. Haines pointed out to the Bench that when Mr. Luck was
convicted he was quite new to the trade, but that since then he would invite
the Chief Constable to say that the house had been well conducted.
The Clerk read the second sub-section of section 16 of the
Act, which stipulated that two transfers should not be granted in one year, and
also read the proviso, “except good cause be shown” etc.
The Chairman: Mr. Luck had better be sworn.
Mr. Luck (sworn) said: My wife is in London. She has been
backward and forward now for some time on account of her ill health. She is
suffering from rheumatic gout and general debility, but the most serious matter
is she is going out of her mind. Sometimes one would think, by her manner, that
she was a woman given to drink, but she does not drink. She condemns everyone
as bad and wicked. She never used bad language, and always objected to it. Now
nothing I could say would equal the bad words from her mouth. Her mother went
out of her mind, and died in an imbecile home. I know that I made a mistake in
bringing her to a public house.
The Chairman: Is your wife under restraint?
Witness: No; she is with her friends.
The Chairman: Have you any medical testimony?
Witness: No.
The Chairman: Have you had a doctor?
Witness: I called in a doctor, but she would not answer him,
and he put on his hat and went out saying “What is the good of talking to a
woman like that?”
The Chairman: Who was the doctor?
Witness: I do not know his name. He was visiting a patient
opposite, and I called him in.
The Chairman (after a short consultation with his
colleagues): The Bench are of opinion that at present Mr. Luck has not made out
a sufficient case for the granting of the transfer. The case will be adjourned
one week to enable him to obtain medical evidence.
Local News
Before The Mayor, Lieut. Col. Westropp, and Mr. W.C.
Carpenter, at the police court on Friday morning, a rough looking individual,
apparently about 60 years of age, was placed in the dock to answer a serious
charge. The prisoner, John Smith, was charged with entering a dwelling house on
Thursday night, with intent to commit a felony.
Mrs. Jessie Hall, the wife of William Jas. Hall, a
fisherman, residing at 26, Dover Street, said: Last night I locked up the house
about midnight. I left one door at the side, opening into the yard, unlocked.
The yard is a private yard, leading by another door into Dover Street. The
window looking into the same yard was open about three inches. The other
windows were all fastened. The yard door was only on the latch, not fastened. I
went to bed as soon as I had locked up. My husband was at sea. In the bedroom
with me were my five children. The oldest will be nine in October. When I went
to bed the children were all asleep. I had a small tin lamp alight on the table
close to my bed. About 20 minutes after I had gone to bed, I was dozing with
the baby on my arm. I heard a slight noise, which I thought at the time was the
cats, but when I opened my eyes I saw a man standing over me. There is a screen
at the top of the bed, and the man (the prisoner) was looking round the screen
at me. I saw the man`s face distinctly. That is the man, the prisoner in the
dock. I put my hands together and said “My good man, you have made a mistake”,
and with that he jumped out of the window into the yard. Both sashes were down,
and the man got through the top portion of the window. I screamed, and ran to
the side door of the room, opened it, and saw the prisoner getting over the
Welcome wall, the adjoining premises. I called for assistance, and running to
the front door called “Police”. P.C. Allen then came to the house. Shortly
after P.C. Allen brought the prisoner to my house, and I identified him
directly. In getting back into the yard prisoner smashed one of the panes of
glass in the windows. By the way in which he stepped on my pram, I should say
that he did not have any boots on.
P.C. Thomas Allen deposed: This morning at 12.45 I was on
duty in Dover Street when I heard a cry of “Police! Police!”, and went in the
direction of No. 26, Dover Street, a dwelling house occupied by W.J. Hall. I
there saw the last witness, who was out in the street in front of her house.
She was in her night attire, and made a communication to me, and in consequence
I searched the yard of No. 26. I noticed that the window opening on the ground floor
was open from the top sash, and that one pane of glass was broken. Finding
no-one in the yard I got a ladder and placed it against a wall, about 11 ft.
high, abutting the Welcome Inn. In the yard of the Welcome, I found prisoner in
the corner. I said to him “What are you doing in this yard?” He replied “I`ve
only got over here to have a sleep”. I then noticed that he was not wearing
boots. I said to him “Where are your boots?” He said “I`ve got them under my
head for a pillow”. I said “Stand up” and he did so, and I looked for his boots
and could not find them under him. I then took him to No. 26, Dover Street,
having called up the landlord of the Welcome, who let me through the side door,
which was locked and bolted. At 26, Dover Street the last witness identified
him as the man she saw in her room. I took prisoner to the police station, and
returned to No. 26, Dover Street, when I made a thorough search of the yard and
found a pair of boots under the open broken window in the yard. I returned to
the police station, showed prisoner the boots, and he said “They are mine; they
are no good”. I then charged him with entering the house with intent to commit
a felony. Prisoner made no reply. I searched him and found two candles, a
knife, a key, and a spoon.
The Mayor: No lucifers upon him?
Witness: No, sir.
The Chief Constable asked the Bench to commit prisoner to
take his trial at the next Quarter Sessions under the 54th section
of the Larceny Act.
The Clerk: What is your reason? Do you not wish to proceed under
the Vagrancy Act?
The Chief Constable: Dear me, no. I have reason to believe
this is not his first exploit.
The Mayor (to prisoner): Have you anything to say, or any
statement to make?
Prisoner: No.
The Mayor: You will be committed to take your trial at the
next Quarter Sessions.
Mr. Haines, who was going on his vacation, asked for a
fortnight, which was immediately granted.
Folkestone Express
2-9-1905
Wednesday, August 30th: Before W.G. Herbert Esq.,
Aldermen Vaughan and Salter, Lieut. Cols. Fynmore, Westropp, and Hamilton, and
W.C. Carpenter Esq.
Mr. G.W. Haines appeared on behalf of Mr. Luck, the licensee
of the Welcome Inn, for a temporary transfer from him to Edward Henry Turner,
of Tufnell Park, London. A point that might be raised against the transfer was
in reference to the regulations with regard to transfer. It stated in those
regulations that twelve months should elapse before an application for the
transfer of the licence could be granted after the licence was granted, except
where there was good cause for the transfer. Since Mr. Luck took the house in
December last, his wife had developed a thing which had been in the family. Her
mind to a certain extent was giving way, and at present she was away in London
suffering from rheumatic gout. She could not come back because the doctor
advised her not to do so, and therefore Mr. Luck would like to give up the
house so that he could go and look after her. He had made enquiries after a
tenant, and one had come forward and was willing to take over the premises. He
hoped the Magistrates would say that they had good cause for waiving that
particular stipulation mentioned.
The Clerk produced the register, and said the previous
holder of the licence was a Mr. Jarvis, who obtained the licence in April,
1904. In that instance the stipulation must have been waived. There was also a
transfer of the licence on May 22nd, 1903, so that there had been
three occupiers of the house since that time. The present tenant was convicted
on February 15th for permitting drunkenness, and fined £5 and costs.
Mr. Luck gave evidence on oath, and said his wife was at
present at Walthamstow. She had gone there on account of ill health, suffering
from rheumatic gout and general debility. The most serious part was that her
mind was giving way. Her mother went out of her mind also. He knew he had made
a mistake in going in for a public house. He had no medical testimony to bring
before them, but on account of her actions he could do nothing with her. He did
not know the doctor`s name.
The Chairman said that Mr. Luck had not made out a
sufficiently strong case to warrant them granting the temporary transfer. They
would, however, adjourn the case for a fortnight in order to produce medical
testimony with regard to his wife`s health.
Folkestone Herald
2-9-1905
Wednesday, August 30th: Before Aldermen W.G.
Herbert, W. Salter, and T.J. Vaughan, Councillor R.J. Fynmore, Lieut. Colonels
Hamilton and Westropp, and Mr. W.C. Carpenter.
Mr. G.W. Haines made an application on behalf of Mr. Luck,
of the Welcome Inn, Dover Street, for the transfer of the licence of the
Welcome Inn to Henry Wm. Tunstone. He explained that last December the
applicant took over the house. Since that his wife had developed a certain
illness, which resulted in her being forbidden to stay in Folkestone. Under
those circumstances Mr. Luck would like to give up the house. The speaker asked
the Bench to waive a stipulation that they invariably enforced, viz., that no
transfer should be effected in respect to any one house until the tenant had
been in occupation twelve months.
The applicant, on oath, bore out Mr. Haines`s statements.
The Bench adjourned the case for a fortnight, in order that
medical testimony could be adduced.
Folkestone Daily News
13-9-1905
Wednesday, September 13th: Before The Mayor,
Messrs. Westropp, Carpenter, Herbert, Hamilton, and Swoffer.
Mr. Haines applied for the transfer of the Welcome Inn.
The case had been adjourned for a fortnight in order that a
medical certificate might be produced of the landlord`s wife.
The Bench, after consulting, refused to grant the transfer.
Folkestone Chronicle
16-9-1905
Local News
At the police court on Wednesday morning Mr. G. Haines
renewed his application with reference to the transfer of the licence of the
Welcome Inn, Dover Street, from the present tenant, Mr. Luck, to Mr. Edward
Henry Tunstall, of London. When the application was originally made, Mr. Luck
gave as his reason for wishing to transfer the licence that the business had
caused his wife to lose her mental balance, but as he did not produce medical
testimony the case was adjourned for that purpose. At the original hearing it
was also stated that a previous tenant had been convicted for permitting
prostitution, and the present tenant for permitting drunkenness. There was also
the difficulty that the Act of 1902 provides that there should not be more than
one transfer in one year, unless good cause were shown. Against this Mr. Luck
relied upon the good cause as the illness of his wife.
On Wednesday morning Mr. Haines produced the medical certificate,
but the Bench, looking at all the facts, refused to grant the temporary
transfer.
Mr. Luck (who was apparently much surprised) said: But may I
address the Bench? This is a matter of life and death.
The Clerk: The decision of the Bench has been given.
Folkestone Express
16-9-1905
Wednesday, September 13th: Before The Mayor,
Lieut. Col. Westropp, Lieut. Col. Hamilton, W.G. Herbert, G.I. Swoffer, and
W.C. Carpenter Esqs.
A fortnight ago Mr. Haines applied on behalf of Mr. Luck,
the licensee of the Welcome Inn, for a transfer of the licence. He asked the
Magistrates to suspend one of their regulations, that no application should be
considered until after the licence had been transferred twelve months, because
of the illness of Mr. Luck`s wife. The application was adjourned, and he now
produced a doctor`s certificate giving the condition of Mrs. Luck, which he
asked the Bench to say was sufficient to warrant the licence being transferred.
The Chief Constable, when asked by the Magistrates for his
opinion, said having regard to what took place at the last licensing meeting,
he thought the Magistrates should consider the application carefully.
Mr. Herbert said the Bench were unanimously of opinion that
they could not accede to the application.
Folkestone Chronicle
14-10-1905
Quarter Sessions
Monday, October 9th: Before J.C. Lewis Coward
Esq.
John Smith, 64, described as a tailor, was indicted for
feloniously and burglariously breaking and entering the dwelling house of
William James Hall with intent to commit a felony therein, about the hour of
half past 12, on the night of Sept. 1st. Prisoner at once pleaded
Guilty.
Mr. Weigall, for the Crown, briefly described the events
which led up to the charge. On the night in question, Mr. Hall was at sea and
his wife retired to rest. Before retiring the lady, as was her custom, left the
back door shut, but unbolted. Shortly after midnight she awoke, and saw
prisoner standing by her bedside. Mrs. Hall raised an alarm, and prisoner
jumped out of the window. P.C. Allen came to the scene, and in a few minutes
found accused crouched in an adjoining yard, having dropped over a 12 ft. wall.
The accused was bootless, and subsequently the boots were found under Mr.
Hall`s window. Mr. Weigall concluded by mentioning that the Chief Constable had
some information to give.
The Recorder: Is he indicted for a previous conviction?
Mr. Weigall said he understood not.
The Recorder: Why?
Mr. Wiegall (having consulted the instructing solicitor, Mr.
J. Minter), said that the accused admitted the previous convictions, and as the
witness had to be brought from a long distance, the course had been taken to
save expense to the borough.
The Recorder: It is a very curious proceeding. Who gave such
instructions? Still, let us hear what you have to say, Chief Constable.
Chief Constable Reeve produced and read a copy of a register
obtained from the Habitual Criminals` Office, Scotland Yard. From this it
appeared that prisoner`s “previouses” were:- 12th March, 1897:-
Three months hard labour at Marlborough Street; 20th September,
1898:- Six months for burglary at the North London Sessions; 5th
April, 1899:- Three months at Bow Street as a suspected person; 25th
March, 1901:- Two months at Marlborough Street; 22nd December,
1901:- Three months` hard labour for
larceny at Carlisle; 9th September, 1902:- Fifteen months for
robbery with violence at the Central Criminal Court; 27th June,
1904:- Six months for attempted burglary at Brighton Quarter Sessions.
The Recorder: A bad record, Smith. What have you to say?
Prisoner: It is all through being out of employment.
The Recorder asked the Chief Constable if he had any details
of the robbery with violence, and upon receiving a negative reply said he would
like to hear the prisoner`s version.
Prisoner: It was not violence. The gentleman knew it was
not. In getting his watch I pushed him. (Laughter) I did not mean to hurt him.
It was in getting the watch off the chain. (Laughter)
The Recorder: What has his conduct been while awaiting
trial?
A warder: His conduct in prison has been very good, sir.
The Recorder: Well, John Smith, many Courts would take a
very serious view of this case. You will have to be very careful in the future.
I am going to give you one more chance. Thee months` hard labour.
Prisoner (gratefully): Thank you, sir, thank you.
Folkestone Chronicle
9-12-1905
Wednesday, December 6th: Before Mr. E.T. Ward,
Alderman Herbert, Lieut. Col. Hamilton, Maj. Leggatt, and Mr. Linton.
Mr. R.M. Mercer made an application for the transfer of the
licence of the Welcome Inn, Dover Street, from Mr. J. Luck to Mr. John Foreman.
Mr. Mercer referred briefly to a previous unsuccessful application made on the
30th of August, when the Bench decided that Mr. Luck had not shown
sufficient cause to vary the regulations, i.e. forbidding five (sic) changes of
tenant in one year, Mr. Luck only having been in possession a few months. The
advocate now suggested that the circumstances he was about to put before the
Bench were such as would warrant the granting of the application. The present
tenant`s name was Luck, a word not borne out in his fortune. His wife was
seriously ill, and the doctor advised that she must not live in Folkestone, or
engage in the business conducted by her husband. Two medical certificates were
put in. Both showed that it was impossible for her to continue in the business,
as she was in a neurotic condition. When the last application was made, Mr.
Luck had not been in possession one year, but now he had been in possession
over that period. There was a further regulation that two changes should not be
made in three years. With regard to that, the Bench were not bound by those
regulations, but could dispense with them if the circumstances were sufficient
to warrant their setting aside. It would be inflicting a great hardship to make
Mr. Luck go on, both on public and private grounds. If the Bench insisted, it
would mean his having to keep his wife in London and obtain assistance in
Folkestone, and compel him to shut up his house, or go into the Bankruptcy
Court. He could in a measure set the regulations at defiance by closing the
house and sending the key to the brewery, when the licence would have to be
deal with under the old Ale Houses Act.
The Chief Constable offered no objection to the transfer.
Mr. Loftus Banks having proved the service of the usual
notices upon the police and overseers, the Chairman said the Bench would
suspend, under the circumstances, the regulations, and grant the application,
but in doing so it would not tie their hands at a future period.
At
the special sessions for the transfer of ale-house licences the following
transfer was made: The Welcome Inn, from Mr. J. Luck to Mr. J. Forman
Folkestone Express
9-12-1905
Wednesday, December 9th: Before E.T. Ward Esq.,
Lieut. Col. Hamilton, Major Leggatt, W.G. Herbert and J. Linton Esqs.
Folkestone Herald
9-12-1905
Wednesday, December 6th: Before Mr. E.T. Ward,
Alderman W.G. Herbert, Lieut. Colonel Hamilton, Major Leggatt, and Mr. T. Ames.
Mr. R.M. Mercer, on behalf of Mr. John Luck, applied for a
transfer of the licence of the Welcome Inn, Dover Street, to Mr. John Foreman.
He stated that Mr. Luck`s wife was seriously ill, and it was quite impossible
for her to live in Folkestone. She was at present residing in London under
medical attendance. When an application was made before, they had not been in
the house a year, and the Magistrates declined. Now they had been in the house
over a year.
The application was granted, but the Chairman remarked that
although they would let the transfer go through, it would not tie their hands
on any future occasion.
Folkestone
Daily News 3-2-1906
Saturday, February 3rd: Before Messrs. W.G.
Herbert, G.I. Swoffer, R.J. Linton, C.J. Pursey, J. Stainer, Lieut. Colonel
Hamilton, and Major Leggett.
Nellie Maud Williams appeared in answer to a summons
charging her with refusing to quit the Welcome Inn.
John Foreman, the landlord, said defendant came into
the bar on Thursday before nine o`clock and requested to be served. As she was
an undesirable customer, she was refused. She went out.
The charge was dismissed.
Throughout the case, defendant behaved with her usual
levity, and thanked the Bench most heartily as she left the Court on discharge.
Folkestone
Daily News 7-2-1906
Annual Licensing Sessions
Wednesday, February 7th: Before Messrs.
Ward, Hamilton, Pursey, Ames, Herbert, Fynmore, and Leggett.
The Chief Constable presented his report (for details
see Folkestone Chronicle)
Mr. Ward called attention to the increase of 12 cases
of drunkenness, and asked the licensed victuallers to assist the police in
carrying out their duties.
The Welcome public house was objected to on the ground
of misconduct. The Hope, the Channel, the Providence, the Tramway and the Blue
Anchor were objected to on the ground that they were nor required. All the
other licences were granted.
Folkestone Chronicle
10-2-1906
Annual Licensing Sessions
Wednesday, February 7th: Before Mr. E.T. Ward,
Alderman W.G. Herbert, Col. Fynmore, Lt. Col. Hamilton, Mr. C.J. Pursey, Mr. C.
Carpenter, Mr. C. Ames, and Mr. Linton.
On the Court being opened the Chief Constable read his
annual report, which was as follows:-
“Gentlemen, I have the honour to report that there are at
present within your jurisdiction 136 premises licensed for the sale of
intoxicating liquors, viz.:- Full licences 85, Beer “on” 9, Beer “off” 6, Beer
and Spirit Dealers 16, Grocers 12, Chemists 5, Confectioners 3.
This gives an average, according to the Census of 1901, of
one licence to every 225 persons, or one “on” licence to every 326 persons.
Three of the “off” licences (two held by spirit dealers and
one by a chemist) will not be renewed, as the premises are no longer used for
the sale of drink, thus reducing the number of licensed premises to 133, or one
to every 230 persons.
At the Adjourned Licensing Meeting, held in March last, the
renewal of six licences was referred to the Compensation Committee for East
Kent on the ground of redundancy, with the result that four of the licences
were refused and two renewed,
The licences which were refuse were:- the Victoria Inn,
South Street; Star Inn, Radnor Street; Duke of Edinburgh, Tontine Street; and
Cinque Port Arms, Seagate Street. Compensation was paid in each case and the
houses closed.
Since the last Annual Licensing Meeting 24 of the licences
have been transferred, viz:- Full Licences 17, Beer “on” 2, Off licences 5.
During the year 13 occasional licences have been granted by
the justices for the sale of intoxicating liquor on premises not ordinarily
licensed for such sale, and 25 extensions of the ordinary time of closing have
been granted to licence holders when balls, dinners, etc., were being held on
their premises.
During the year ended 31st December last 183
persons (135 males and 48 females) were proceeded against for drunkenness; 164
were convicted and 19 discharged. This is an increase of 12 persons proceeded
against, and eight convicted, as compared with the previous year.
Only one licence holder has been convicted during the year,
viz., the licensee of the Welcome Inn, Dover Street, who was fined £5 and costs
for permitting drunkenness on his licensed premises. He has since transferred
the licence and left the house.
Eleven clubs where intoxicating liquors are sold are
registered in accordance with the Act of 1902.
There are 16 places licensed for music and dancing, and
three for public billiard playing.
With very few exceptions, the licensed houses have been
conducted in a satisfactory manner during the year. The only licence to which I
offer objection on the ground of misconduct is that of the Welcome Inn, Dover
Street, and I would ask that the consideration of the renewal of this licence
be deferred until the Adjourned Licensing Meeting.
I would respectfully suggest that the Committee again avail
themselves of the powers given by the Licensing Act, 1904, and refer the
renewal of some of the licences in the congested area to the Compensation
Committee for consideration, on the ground that there are within the area more
licensed houses than are necessary for the requirements of the neighbourhood.
I beg to submit a plan on which I have marked out the
congested area, also the public houses within the area.
Within this area there is a population approximately of
4,600, with 42 “on” licensed houses, giving a proportion of one licensed house
to every 109 persons.
There are also situate within the area six premises licensed
for sale off the premises, one confectioner with a licence to sell wine on the
premises, and four registered clubs, with a total membership of 898”.
The Chairman said with regard to the report just read by
Chief Constable Reeve the Bench were pleased to hear that the houses had been
so well conducted, but he must point out that over the preceding year there had
been 12 more cases of drunkenness. The Bench earnestly asked the licence
holders to do their utmost to stop excessive drinking on their licensed
premises. It was a curious circumstance that although there were many
convictions there was no information where the drink was obtained.
The whole of the licences, with the exception of six, were
then renewed. The six licences objected to were the Welcome, Dover Street, in
which case the Chief Constable was instructed to serve notice of opposition on
the ground of misconduct. In the five other instances the Chief Constable was
instructed to serve notices of objection on the grounds that the licences were
not required, the houses opposed being the Channel, High Street; Hope,
Fenchurch Street; Blue Anchor, Beach Street; and Tramway, Radnor Street.
Folkestone Express
10-2-1906
Annual Licensing Sessions
Wednesday, February 7th: Before E.T. Ward Esq.,
Major Leggett, Lieut. Col. Fynmore, Lieut. Col. Hamilton, W.G. Herbert, C.J.
Pursey, W.C. Carpenter, and R.J. Linton Esqs.
The Chief Constable presented his annual report. (See
Folkestone Chronicle for details)
The Chairman said they were pleased to see that the whole of
the licensed houses had been well conducted. There had only been one conviction
during the year. He wanted to point out that that year there was an increase of
twelve cases of drunkenness in the borough. They earnestly asked the licence
holders to help the police as much as possible to prevent drunkenness. It was
always a curious thing where those people got their drink, and they must ask
the licence holders to try and do their utmost to stop drunkenness on their
premises.
All the licences were granted with the exception of six. The
Chief Constable was instructed to serve notices upon the tenants and owners of
the following public houses on the ground that they were not necessary; The
Channel Inn, High Street; the Hope, Fenchurch Street; the Providence, Beach
Street; Blue Anchor, Beach Street; and the Tramway, Radnor Street. He was also
instructed to serve notices with regard to the Welcome Inn on the ground of
misconduct.
The adjourned licensing sessions, when the six licences will
be considered, were fixed for March 5th.
Saturday, February 3rd: Before W.G. Herbert Esq.,
Lieut. Col. Hamilton, Major Leggett, J. Stainer, C.J. Pursey, G.I. Swoffer and
R.J. Linton Esqs.
Nellie Maud Williams was summoned for refusing to quit the
licensed premises of the Welcome Inn on the previous Thursday.
John Foreman, the licence holder of the inn, said on
Thursday morning defendant asked for a drink, but he refused to serve her as
she was an undesirable customer. He asked her to leave several times but she
refused, until witness went towards her, when she backed out the door. When she
got outside she used such language as he had never heard from the biggest
blackguard. She eventually went away, returning ten minutes later. She was
going to enter again, but defendant kept out when she saw him.
Defendant said she never went into the witness`s house. He
said to her “You are a candidate for the Black List. Instead of having two
weeks in Canterbury, you ought to have two months”. That made her mad. She was
sober at the time, and to show she was going on all right, the Chief Constable
told her on Tuesday that he was pleased to see she was reforming. (Laughter)
The Chairman said the case against the defendant would be
dismissed.
Defendant: Thank you. Good morning, sir.
Folkestone Herald
10-2-1906
Annual Licensing Sessions
The annual licensing sessions were held on Wednesday
morning. The Police Court was crowded with those interested in the trade and
the general public. The Magistrates present were Mr. E.T. Ward, Lieut. Colonel
Hamilton, Mr. C.J. Pursey, Alderman W.G. Herbert, and Mr. R.J. Linton.
The Chief Constable presented his report. (For details see
Folkestone Chronicle)
It was intimated that at the adjourned licensing sessions
the licences of the Blue Anchor, the Providence, the Welcome, the Tramway, the
Channel, and the Hope would be opposed, on the ground that they were in excess
of the requirements of the neighbourhood. The licence holders of those houses
received this information as they stepped forward to ask for their renewals.
Saturday, February 3rd: Before Alderman W.G.
Herbert, Lieut. Colonel Hamilton, Major G.E. Leggett, Messrs. C.J. Pursey, J.
Stainer, G.I. Swoffer, and R.J. Linton.
Nellie Maud Williams was summoned for refusing to quit
licensed premises.
John Foreman stated that he was the landlord of the Welcome
Inn, Dover Street. Before 9 o`clock on Thursday morning, the defendant entered
his house and asked for a drink. His experience was that defendant was an
undesirable customer, and he had been told to be careful of her. She had never
been served in his house but once, and then she obtained drink under false
pretences. The defendant had been drinking, and he asked her to leave. On his
coming towards her she backed out very reluctantly. In the street she used the
vilest language he had ever heard anyone use. She went away and came back soon
afterwards, using the most disgraceful language, and saying that as she had got
a drink further up she did not see why he did not give her one.
Defendant (addressing witness): It`s a cross-summons, and
you appear on Wednesday. (Laughter)
She further stated that witness had jeered her, and said she
ought to have two months instead of two weeks.
The Chairman stated that the case would be dismissed, and
defendant, saying “Good morning”, left the Court.
Southeastern Gazette
13-2-1906
Local News
The annual
Licensing Sessions for the Borough of Folkestone were held on Wednesday, before
E.T. Ward Esq., in the chair.
The Chief
Constable reported that there were 136 premises licensed for the sale of
intoxicating liquors, viz., full licenses 85, beer “on” 9, beer “off” 6, beer
and spirit dealers 16, grocers 12, chemists 5, and confectioners' 3. This gave
an average, according to the census of 1901, of one license to every 225
persons, or one “on” license to every 326 persons. Three of the “off” licenses
(two held by spirit dealers and one by a chemist), would not be renewed, as the
premises were no longer used for the sale of drink, thus reducing the number of
licensed premises to 133, or one to every 230 persons. During the year ended
31st December, 183 persons (135 males and 48 females) were proceeded against
for drunkenness; 164 were, convicted and 19 discharged. This was an increase of
12 persons proceeded against, and 8, convicted as compared with the preceding
year. Only one license holder had been convicted during the year. All the
licenses were granted with the exception of six. The Chief Constable was instructed
to serve notices upon the tenants and owners of the following houses on the
ground that they were not necessary: The Channel Inn, High Street; the Hope,
Fenchurch Street; the Providence, Beach Street; Blue Anchor Beach Street; and
the Tramway, Radnor Street. He was also instructed to serve notice with regard
to the Welcome Inn, on the ground of misconduct.
Folkestone
Daily News 5-3-1906
Adjourned Licensing Sessions
Monday, March 5th: Before Messrs. E.T. Ward,
W.G. Herbert, C.J. Pursey, R.J. Linton, T. Ames, Lieut. Col. Fynmore, and
Lieut. Col. Hamilton.
Mr. John Foreman applied for the licence of the Welcome
Inn, Dover Street.
Mr. Mercer appeared on behalf of the owners and
licensee, and concisely opened the case, asking that the licence, if opposed,
be on the ground of redundancy, and not on that of misconduct.
Mr. Rook appeared in opposition to the licence. He
could not assent to Mr. Mercer`s application.
His application was refused.
Mr. Rook said on December 4th, Mr. Luck, the
previous tenant, applied for a transfer, and was refused owing to the fact that
he had not held the licence for one year. When he had completed the twelvemonth
the transfer was granted, but it was pointed out that that would not prejudice
opposition to the licence, so he went into the house with his eyes open. During
16½ years the licence had been transferred 16 times. In the last three or four
years there had been three convictions, and during the past two years, two
convictions – one for drunkenness, and one for harbouring prostitutes. He
contended that the house had been badly conducted, and that the present tenant,
until the last month, had not improved it, it being frequented by persons of
the lowest character.
Inspector Lilley proved serving the notices. The house
was formerly known as The Folkestone Cutter. The house had been a general
resort for prostitutes, with exceptions of short periods. In 1892 a conviction
was obtained for keeping the house open during prohibited hours on Sunday. He
had cautioned several different landlords. He kept observation on the house in
1905 from 27th March to 2nd April, principally during the
last hour. The chief customers were soldiers and prostitutes, there being very
few civilians. On the 27th March, from 10.45 till closing time, he
saw three prostitutes leave with men, two of whom were drunk. On the following
day, from 10.35 he saw a prostitute go in, and ....
Mr. Mercer objected to the evidence on the common
ground of fairness. They were dealing with over a year ago, and the present
tenant had no means of checking the evidence. If evidence of that character was
permitted, then the publicans were at the mercy of the police.
The Bench said they should admit the evidence.
Inspector Lilley, continuing, said the late tenant was
warned and told no doubt he would be summoned, and he had been cautioned in
February. On the 28th, at 10.45, two more prostitutes went in and
came out later with two soldiers, at 10.55. Music and dancing was going on. On
the 29th, at 10.35, a woman came out and went away with a soldier.
At 10.50 two prostitutes came out and went away with several soldiers. At
closing time two prostitutes left, who went away with soldiers, also one
married woman and another woman. There were 20 or 30 soldiers came out, some
under the influence of drink. On the 31st, at 10.40, a woman went in
with a soldier, and at 10.50 a prostitute went away with a soldier. At 10.55
another woman went away with a soldier. At 10.45 some Hussars came out drunk.
On the 1st April, at 10.25, a prostitute came out and went in again
at 10.30. At 10.35 two prostitutes came out and returned in a few minutes. At
10.50 a prostitute came out with a soldier, and came back at 10.55. At closing
time four prostitutes and two other women left, all going away with soldiers.
Four of the women must have been in the house all the time witness had it under
observation.
Cross-examined: He had known the house 22 years. He
made the entries in his notebook each night. He recollected the house being
prosecuted once as the resort of prostitutes. He had reported the house to his
chief verbally. In April, 1905, it was reported in writing, the first time in
21 years. There was no prosecution in consequence. He acted on his own
initiative in observing the house. He did not arrest any of the drunken
soldiers as they were capable of taking care of themselves.
Mr. Mercer protested against the Inspector refusing the
names of constables who, he said, knew the house as harbouring prostitutes.
The Bench thought the names should be given, and he
mentioned Inspector Swift and the two sergeants present – Osborne and Lawrence.
They had had conversations on the subject, and they were told to observe, and,
if necessary, to report. They did not do so in writing. Three or four constable
had also reported verbally.
Re-examined: He made a special report at the time based
on his notes.
Mr. Mercer brought to the notice of the Bench that a
lot of constables were present, and they were not asked to withdraw.
P.S. Lawrence said he had known the Welcome 18 years.
There was very little day trade. In the evening it was the habitual resort of
prostitutes and men of the lowest type, and soldiers. He produced a copy of the
conviction on 25th May, 1904, for harbouring prostitutes. He had
cautioned the previous tenant on the 6th and 7th
December, 1905. In January, 1906, he went to the house and found several
constables trying to disperse a crowd. Witness entered and saw Foreman. He said
“At 20 past ten seven or eight soldiers came in. Neither of them had any drink,
but went straight into the back room and said to a civilian “This is the bloke
we are looking for”.” A free fight ensued. There was a prostitute in the bar,
and the attention of the landlord was called to her, and he said he did not
want her in his house, and he asked her to leave, but she would not. He was told
he knew his remedy.
Cross-examined: The landlord could not help the
disturbance.
P.S. Osborne said he had known the Welcome 10 years.
During the last few years it had been rather rowdy, with soldiers, prostitutes,
and those who used the common lodging houses. On February 8th, 1905,
at 10.35 he visited the house and saw a man there drunk, and he was arrested.
He saw two prostitutes in the house. He visited the house again at 11 o`clock
and saw a prostitute so drunk that she fell out of the house. Some soldiers
were there, some of them drunk. One was arrested by the Military Police. He
produced the conviction on February 5th. On 27th January
witness saw Foreman turn out a prostitute. On the 29th he spoke to
him as to a prostitute in the bar, and he said he thought she was a respectable
woman. On January 13th, 1905, he arrested a prostitute in the house.
Cross-examined: He agreed with Inspector Lilley`s
description of the house to a great extent. He had reported the house several
times to the late Superintendent. He had reported it three or four times during
the past seven years. During Foreman`s time the house had been very noisy.
P.C. Simpson said he had known the house 13 years. He
agreed with the previous witnesses as to the character of the trade done there.
On Christmas Day, 1904 (a Sunday) witness visited the Welcome at 7.30 in the
evening. The room was full of girls and soldiers, and some girls were sitting
on the soldiers` knees. They were all singing. The customers in the bar were
all of a low class. In January, 1905 he kept observation and saw soldiers and
prostitutes enter and leave the house. They did not enter together. On 27th
January, 1905 he saw similar scenes. On the same date, 1906, he saw well known
prostitutes enter and leave the house. He referred to the disturbance with the
soldiers referred to by Sergeant Lawrence.
Cross-examined: He had never reported the house in
writing, but had done so verbally.
P.C. Prebble said he was attracted by a noise on the 16th
March, 1905. He found a number of women and soldiers there, all the worse for
drink, the soldiers were fighting, and one was lying on the floor bleeding. One
soldier was ejected, and afterwards was arrested.
Cross-examined: The landlord might have been to blame
to some extent, but he was not prosecuted, or reported.
P.C. Sharp stated he had known the house 14 years. He
agreed with previous evidence as to the character of the house, and
corroborated the evidence as to prostitutes habitually using the house, adding
some of a similar character as to his own observations on specific occasions.
Cross-examined: He reported the result of his
observations in writing to the Chief Constable. No prosecution followed.
P.C. Butler said he observed the house in March and
April, 1905, and saw prostitutes leave on the evening of each day between the
27th March and the 2nd April (omitting the 30th
March and 1st April). He had seen men leave under the influence of
drink. In December he saw prostitutes leave, and cautioned the landlord. He
said he had been in business 21 years, and did not wnat to be taught his
business.
Cross-examined: He did not compare his knowledge of
licensing law to Mr. Mercer`s. He knew police offences under it. He thought ten
minutes a reasonable time to obtain refreshments, but had seen prostitutes stay
half an hour.
P.C. Bourne described the Welcome as being the resort
of prostitutes and men who associated with them. When cautioned, Foreman
replied that “his house was no worse than others”.
Thomas Henry Penn, 55, Penfold Road, pensioned
staff-sergeant from the Army, said during the winter of last year he was
employed as caretaker of the Albany Club, Tontine Street, and very often passed
the Welcome on his way home. He saw the majority of the customers were soldiers
and women of loose character. In February, 1905, about 10.45 one evening, he
saw a man carried out and laid on the pavement. To all appearance he was
senseless. He saw the landlord come out with a “long arm” and put out the
lights. That would be about 10 to 11.
George Miller, 38, Dover Street, bootmaker, had known
the Welcome ever since he could remember. Of late years it had borne a bad
character. It was not used by the residents of Dover Street, but by loose women
and disorderly men. Forty years ago it was a most respectable house.
Mr. Mercer protested against a question of Mr. Rook`s,
and it was dismissed.
Thomas S. Franks, grocer, of 5, Dover Street, said he
had lived there six years, and the only trade the house did was with soldiers
and prostitutes, and had had cause to complain of their conduct. He had seen
well-known prostitutes leave the Welcome, and had seen them at the back of his
premises with men. The respectable inhabitants of Dover Street did not use the
house.
William Thomas Drury, bootmaker, Dover Street had known
the house many years. It was a rough, rowdy house, with noise, bawling,
shouting, and drunkenness.
Cross-examined: He had seen a scandalous amount of
drunkenness for the last 20 years near the Welcome, but not since Christmas.
Harold McCrow, bootmaker, said he had a shop nearly
opposite. The trade done at the Welcome in the evening was practically all
soldiers and prostitutes.
That closed the case for the opposition.
Richard Moxon (managing director of Ash and Company),
said he had been connected with the firm for 38 years, but had never received
any complaint of the conduct of the house.
John Foreman, the licence holder, stated that he had
been in occupation since December, 1905. It was a difficult house. He had
prosecuted a woman for disorderly conduct, but did not obtain a conviction. On
that occasion he did not receive any help from the police.
Mr. Herbert interposed and said Mr. Mercer was putting
an entirely different complexion on the case to what took place in Court on the
day mentioned. The woman was charged with refusing to quit, and as she had left
at the request of the landlord, the case was dismissed.
Mr. Mercer apologised, saying he took the report from
the Folkestone Herald. He had no wish to put an unfair complexion on the case.
Witness said he had plenty of experience in various
houses in London and Bristol. He believed he could get a living if he was left
alone.
Cross-examined: He believed he could get a living if he
was not persecuted by the police. During the first week he was in Folkestone
P.C. Butcher never left his door. The house was not a difficult one. (Witness
had previously said it was) He took the house direct from Messrs. Ash, and paid
£243 to go in.
The Chairman: We granted the licence under special
conditions, and said that it would not tie our hands.
Mr. Mercer said he thought it was a hard case. He said
he was again quoting from the Folkestone Herald, and perhaps it was wrong
again. It stated that the licence would be opposed on the grounds of necessity.
The Chairman: Then the Folkestone Herald is wrong
again.
Mr. Mercer: I shall not take the Folkestone Herald
again.
In the course of a most powerful speech Mr. Mercer
asked that the case might go to Quarter Sessions for compensation in the usual
way. He thought the owners had been hardly used in not having been warned as to
the conduct of the house by the police. The tenant had been hardly used. Houses
of all classes must be provided, and he admitted the house was a rough one, and
used by undesirable characters,, and was a nuisance to the neighbourhood. If
the case went to the Compensation Authority he would not fight it, and the
police would gain their end.
The Magistrates then retired, and on their return said
the Bench were unanimous in deciding to refuse the licence on the ground of bad
conduct.
Notice of appeal was given.
Folkestone Chronicle
10-3-1906
Adjourned Licensing Meeting.
The Adjourned Annual General Licensing Sessions were held at
the Town Hall on Monday, when the Chief Constable opposed the renewal of five
licences on the ground of redundancy, and one on the ground of misconduct. The
evidence was of the usual technical order, where a whole host of police
witnesses testified to an extraordinary state of things which had apparently
gone on for years. The sitting lasted from 11 a.m. until 4.30 p.m., and was
only relieved by one little light episode when Mr. Mercer on two occasions
quoted the Folkestone Herald as bearing upon a case heard at the Court, and on
each occasion the Chairman saying that the report was wrong, whereupon Mr.
Mercer intimated that he should give up taking the Herald.
The Bench sitting on Monday morning were Mr. E.T. Ward,
Alderman W.G. Herbert, Lt. Col. Fynmore, Lt. Col. Hamilton, Mr. C.J. Pursey,
Mr. W. Linton, and Major Leggett.
Welcome Inn
The first case of opposition heard had reference to the
Welcome Inn.
The Chief Constable objected to the renewal of this licence
on the grounds of misconduct.
Mr. Herbert Rook supported the objection, while the tenant
and owners were represented by Mr. Mercer, the County Coroner.
Mr. Rook, in opening the case, said the present tenant was a
man named John Foreman, to whom the licence had been transferred in December of
last year. In October the late tenant, Mr. Luck, had applied to transfer the
licence to Foreman, but at that time there was a difficulty, as the licence had
been previously transferred within a period of 12 months. What, said Mr. Rook,
was the character of this house? In 16½
years there had been 15 transfers of the licence; in the last three or four
years there had been three convictions; in the last two years two convictions,
one for harbouring prostitutes, and one for drunkenness. The house, he would
prove, had been the habitual resort of persons of ill fame and of the lowest
character.
At this stage Mr. Mercer pointed out that for six licences
held over, five it was proposed to refer to Quarter Sessions on the grounds of
redundancy, while his client had to face a charge of misconduct. The tenant had
expended a considerable sum of money to go into the house, and it would be a
great hardship if only this one house were refused without a chance of
compensation. If the Bench would refer the licence to Quarter Sessions under
the Compensation Act on the ground of redundancy, he would advise his clients
not to further contest the application to close the house as a licensed
premises.
The Chairman intimated that the Bench preferred to go on
with the case on the grounds advanced by the Chief Constable.
Mr. Rook, having foreshadowed the evidence he intended to
produce, called Inspector Lilley, who said:
I served the notice of objection on Mr. Foreman. I have known those premises
for the past 22 years well. They were formerly known as the Cutter. The general
character of the house during the whole time, with the exception of a very
short period, has been the habitual resort of prostitutes. There have been one
or two good landlords in. In 1892 I was in Court when a landlord of the house
was fined £5 and costs for keeping the house open on Sunday. I have cautioned
several different landlords as to the conduct of the house. Last year, from the
27th March to the 3rd April I kept observation of the
house, especially during the late hours. A very great majority of the customers
were soldiers and prostitutes; a very few civilian cusromers. At that time I
made notes (produced). On the 27th March, 1905, I kept observation
from 10.45 until closing time, and saw three prostitutes leave with men, two of
the men being drunk. On the 28th I watched from 10.25. At 10.35 I
saw a prostitute go in. At ....
At this point Mr. Mercer interrupted, and strongly objected
to this class of evidence, dealing with a period of over a year ago. No warning
had been given, and no-one could check police evidence. It was practically
doing away with the liberty of the subject; and if such evidence was admitted,
everyone would be at the liberty of the police.
The Chairman said the Bench must admit the evidence.
Inspector Lilley, continuing, said that on this particular
case warning was given to the tenant; further than that, he had warned the
tenant. (Continuing): On this particular night I saw two prostitutes come out
with soldiers; they had been there, but I do not know how long. They came out
at 10.35. On this evening there was music and dancing, the dancing accompanied
by a band. Again on the 29th I watched from 10.25; at 10.35 I saw a
woman come out with a soldier. At 10.50 three women, two well-known
prostitutes, a married woman and another woman. The two first women went away
with soldiers. Five or six of those who left the house were under the influence
of drink, and stumbled down the street. On the 31st I watched from
10.25. At 10.40 a woman went in with a soldier. At 10.50 a prostitute came out
and went away with a man; at 10.55 another woman came out and went away with a
soldier. At 10.45, ten minutes previous, three Hussars came out; one was drunk,
and bolted up the street. On the 1st of April, at 10.16, I kept
observation. At 10.25 a prostitute came out, and returned to the house at
10.30. At 10.35 two prostitutes came out and returned again in about three
minutes. At 10.50 a prostitute came out with a soldier, and returned again at
10.55. At closing time four prostitutes and two other women left, all of them
going away with soldiers. The prostitutes must have been in the house before I
commenced to keep observation. Between 20 and 30 soldiers left the house while
I was keeping observation.
By Mr. Mercer: The notes were made at the time I was keeping
observation. The last note of observation in this year is made on the 23rd
Feb.; the remainder of the book is absolutely blank, except another entry at
the end of the book in reference to a larceny committed on January 10th,
a reference to the Leas Hotel. The house during the last 22 years had been the
habitual resort of prostitutes, except under two or three landlords. The house
in 22 years had only been prosecuted once for prostitution. He had given a
verbal report to his superior officer, but the first written report was made in
April of last year.
Mr. Mercer: Have you reported the house a dozen times in 22
years?
Witness: No.
Mr. Mercer: Ten times?
Witness: No.
Mr. Mercer: How many times in this 22 years?
Witness: About four I should think.
In further cross-examination, witness said he watched the
house as part of his duty, and not by the special instructions of the Chief
Constable. Of the drunken people who had left the house he did not arrest any
because they were not disorderly, and were capable of taking care of
themselves. Information concerning this house would reach the police station in
many other ways through other police officers. Among those who had
conversations concerning the house he could mention Inspector Swift and two
police sergeants. He could not say that either of these had reported to their
superior officer. He, upon hearing these conversations, might have instructed
the officers to keep observation on the house. In addition to the Inspector and
sergeant, three or four of the private constables had reported the house to
him.
Re-examined by Mr. Rook: It would depend upon circumstances
who the sergeants reported to; if at night, and the witness was on duty, the
report would be made to him; otherwise, to the Chief Constable.
Sergt. Frank Lawrence said he had known the Welcome Inn
about 18 years. There was very little day trade. The character of the evening
trade is the habitual resort of prostitutes, and men of the lowest types, who
live in the common lodging houses, and soldiers. On the 25th May,
1904, I was present in Court when the then landlord was convicted for
harbouring prostitutes. On the night of the 13th May, 1904, I saw a
number of prostitutes leave the house. On the 5th and 6th
of December, 1905, I cautioned the last tenant. I mean December, 1904. That was
not Luck, but Jarvis. On the 27th of January this year, from what I
heard, I went to the Welcome Inn. I found P.C.s Simpson, Chaney, and Boorn
endeavouring to disperse a crowd in front of the house. I entered the house,
and there saw the present applicant. I went with him to a room at the back of
the bar. He said “About 20 minutes past 10 seven or eight soldiers came to the
house; neither called for any drink, but walked straight into the back room,
where seven or eight customers were seated. One of the soldiers said to a
civilian “This is the bloke we are looking for” and went for him, and
immediately about six couples were fighting”. Hen I entered the house, one
woman, a prostitute, was in front of the bar. I spoke to the landlord about
her, and he said he “did not want her to come here”, and I said “You know your
remedy if she refuses to leave”.
Cross-examined by Mr. Mercer: He could not see how Foreman was to blame for
the soldiers fighting in the room, if the statement was true, and he had no
reason to doubt that it was.
Sergt. Osborne said: I have known the Welcome Inn the last
19 years. During the last 19 years the trade has been rather rowdy, the
customers being soldiers, prostitutes, and those who visit common lodging
houses. On the 8th of February last year, with P.C. Sharp, I visited
the house. In the bar I found a man named France. The man was drunk and
incapable; I arrested him. At the time two prostitutes were in the bar. The
same night I visited the house again, and saw one of the prostitutes coming
out. She was drunk; in fact, she fell out. There were three soldiers in the
front bar; two of them were drunk, and one was arrested by a corporal of the
Military Police. I now produce the conviction of John Luck, on the 15th
of February, 1905. On the 27th of January this year I was proceeding
up Dover Street. I saw the present applicant turning out a prostitute. He said
she use such bad language he could not stand it, and had turned her out. On the
29th of January I cautioned him in respect to a prostitute, and he
said he thought she was a respectable woman. At a later date I arrested a
prostitute in the house who had broken away from a constable by whom she had
been arrested.
Cross-examined by Mr. Mercer: In a great measure he agreed
with the description of the house given by Inspector Lilley. Practically the
house had been the resort of prostitutes on and off for the past 19 years.
During the last seven years he had reported the house, he should think, about
four or five times. During Foreman`s time the house had been very noisy.
P.C. Simpson said: I have known the house during the last 13
years. There has been during my observation practically no day trade, and at
night time a very rough trade. The house had been used by low characters and
prostitutes, and disturbances had been frequent. On Christmas Day, 1904, with
P.C. Sharp, I visited the house, and at 7.30 p.m. I found on the ground floor a
room full of soldiers and girls. Some of the girls were sitting on soldiers`
knees, and one girl was playing “Blue Bell” on the piano. (Laughter) On the
other side of the house there were several costermongers and rag and bone
pickers humming to a tune played by an automatic machine. On the 19th
of January I saw a prostitute leave the house with three soldiers. Shortly
after two other prostitutes left with soldiers and civilians. On the 20th
of January, 1905, I saw two prostitutes in the front bar. Shortly after these
two left with another one and three soldiers. On the 27th of January
this year I was in Dover Street, keeping observation on the Welcome Inn.
Between 6.30 and 8.30 I saw three prostitutes enter and leave, Jane Fraser,
Minnie Smith, and Martha Williams. On the 17th of January, about
10.15 p.m., I was attracted to the Welcome Inn by a police whistle. I saw six
soldiers of the Royal Scots come out. One had his face bleeding. I called the
landlord`s attention to it, and he said the men had entered and made a row with
some of his customers.
By Mr. Mercer: He had known the house about 13 years; had
never reported the house in writing, but several times verbally. If six
soldiers went into a house and fell upon six customers, witness would say that
the landlord had done no harm.
P.C. William Prebble said: On the 11th of March,
1905, I was at the Welcome Inn. I entered the house, and found several soldiers
and women in the back of the house. Four of the soldiers were fighting, one was
bleeding very much from the back of the head, all were the worse for drink. One
soldier was ejected, and on his refusing to go away I arrested him, and he was
convicted.
By Mr. Mercer: The landlord was not summoned for misconduct.
He did not report the landlord, but reported the soldier. If he had thought the
landlord had committed an offence under the licensing laws, he would have
reported him.
P.C. Sharp said: I have known the Welcome Inn for about 14
years. The house has been the habitual resort of prostitutes, soldiers, and
rough characters. On the 31st of March, and 1st, 2nd,
and 3rd of April last year, I kept observation on the house. On the
31st March at 10.05 I saw two prostitutes leave the house, and at
10.10 returned again. At 10.35 twp prostitutes left; they had entered during
the time I had been watching. At 10.50 Spearpoint again left the house,
accompanied by a soldier. At 10.55 the soldier and Spearpoint returned. At
10.53 another prostitute left in company with a soldier. I had not seen that
prostitute enter, and had been there since 9 p.m. On Sunday, the 23rd
of April, I kept observation from 8.30 until closing time. At 8.40 two
prostitutes and two soldiers came out. I had not seen them enter. At nine
o`clock the same two returned to the house. At 9.05 a prostitute and a woman
left in company with three soldiers, and all went up High Street. On the 3rd
of April I kept observation from 8 p.m. until 11 p.m. At 8.50 two prostitutes
and two soldiers entered. At 9.20 two prostitutes left (not the same two) and
returned at 9.30. At 9.48 one of them left, and returned at 9.50. At 10.25 two
prostitutes left, followed by two men. One of the prostitutes and one man went
to a passage at the back of Saffrons Place, and a few minutes later returned to
the Welcome.
By Mr. Mercer: After keeping observation for four days
witness reported this evidence to his Chief Constable in writing. No action was
taken; he could not say why. A prostitute was entitled to get refreshment. A
publican would not be doing wrong in supplying a prostitute, but he would be
doing wrong if he harboured a prostitute.
P.C. R.J. Butler said: I kept observation of the house in
March and April of last year from the 22nd of March to the 2nd
of April, from 10 p.m. On the evening of each of these days I saw prostitutes
leave the house. I also saw soldiers and civilians leave the house. On the 27th
I saw two civilians leave under the influence of drink. On the 12th
of December in the same year I saw two prostitutes leave the house. On the 12th
I saw five prostitutes leave the house at five minutes to 11. I then called the
present landlord and cautioned him, by giving him the women`s names. He replied
“he knew them; he had been in the business 21 years, and did not want telling”.
By Mr. Mercer: He knew that “harbouring” in the Licensing
Law was a very serious offence. Ten minutes to 15 would be quite enough for
obtaining refreshment. In March, 1905, witness submitted a report to the Chief
Constable, but no proceedings were taken. When the two men came out on the 27th
of March they were under the influence of drink, but not drunk; that was why he
did not report them.
P.C. Robert J. Boorn said: The character of the Welcome from
my observation has been the resort of prostitutes and a low class of character.
In December, 1904, on the 5th, I visited the house at 10.25, and
went into the public bar with Sergt. Lawrence. There were two prostitutes
there, Herring and Allchin. The landlord said he knew Herring was a prostitute,
but thought the other woman was the wife of a man in the bar. On the 6th
of October, 1904, I kept observation on the house, and saw the same two women
enter the house at 10.10 with two soldiers (cavalry), and left at 10.30 with
two infantrymen. At 10.40 the women returned again alone. At 10.50 the woman
and a man who went in at 10.40 came out. At 11 o`clock the first two came out
with two other women, soldiers and civilians. On the 7th the house
was quiet. On the 28th February, 1905, I saw the woman Herring with
another prostitute, Williams, in the house. Williams left the house, but
returned again. At closing time, Herring, Williams, and Sweeney (another
prostitute) all left the house; I did not see Sweeney enter the house. On the 1st
of arch I again kept observation, and saw a woman named Norris enter the house,
and come out with Sweeney and another woman. At 10.40 I went with Inspector
Lilley and cautioned the landlord that if the prostitutes were allowed to
remain he would be reported for a summons, and he replied “his house was no
worse than others, as he had seen other houses full of them”.
By Mr. Mercer: There was always to be found a rough place in
every town, where one did not expect to find a high class house.
It was now 1.30, and the Court adjourned until 2.15.
On the resumption of the hearing, four civilian witnesses
were called, and by a peculiar coincidence three who lived in Dover Street were
all of one trade – bootmakers.
Mr. Rook called Thomas henry Penn, who said he was a
pensioned army staff-sergeant. From his observation the majority of customers
frequenting the Welcome Inn were loose characters. In February, 1905, he saw a
man carried out of the Welcome by four other men and deposited on the pavement.
The man, to all appearances, was senseless. On that occasion the light in front
of the house was put out a quarter of an hour before time.
By Mr. Mercer: Witness did not make any special point about
the light being put out.
George Henry Miller said he had known the Welcome as long as
he could remember; first as the Cutter. The character of the house was very
low, mostly used by unfortunate women. Witness lived at 30, Dover Street. Forty
years ago the house was a very respectable one.
By Mr. Mercer: Now unfortunate women and soldiers frequent
the house.
Mr. Mercer: Have you everheard of any prosecutions of this
house?
Witness: I have wondered there have not been years ago.
Thomas Stokes Franks, a grocer, said: I have known the
street and house practically all my life. I have lived in Dover Street for six
years. The character of the customers is bad. The trade is with soldiers and
prostitutes. I have had cause to complain of the conduct of the customers. I
have seen well known prostitutes enter and leave the Welcome, and I have seen
the same well known prostitutes and men at the back of my house. I could not
say that I had seen acts of indecency. I do not know of one of the respectable
inhabitants of Dover Street who use this house.
By Mr. Mercer: I am personally interested in property in
Dover Street.
William Thomas Drury, a bootmaker, said: I have known the
Welcome Inn, and the Cutter before it, for some years. I should think it ought
to be termed a very rough, rowdy place.
By Mr. Mercer: He had seen a scandalous amount of
drunkenness this 20 years past, but not so much since Christmas.
Harold Macrow said: I live at 49, Dover Street, and have a
shop nearly opposite the Welcome Inn. I am a bootmaker. From what I have seen
of the Welcome Inn, the trade done is practically with prostitutes and
soldiers. I have heard and seen scenes of disorder at the house. My experience
of the house extends over about 12 years.
This closed the case for the prosecution.
Mr. Mercer at once put one of the managing directors of
Messrs. Ash in the box for the defence.
Richard Moxton, a member of the firm of Messrs. Ash and Co.,
said he had been connected with the firm for 35 years, and during that time no
complaint had been made to him from the police.
By Mr. Rook: Witness said he did not suggest that it was the
duty of the police to make a complaint to the firm.
John Foreman said: The licence was transferred to me on
December 7th. During the time I have been in the house I have
exercised care to the best of my ability. I brought a woman here lately for
abuse, but on that occasion I received no assistance from the police.
Mr. Herbert: You are putting an entirely false impression;
the police did not arrive until the woman had left the house.
By Mr. Mercer: None of the civilian witnesses had written to
him or warned him. He contended he could have done all right in the house if he
had been left alone.
Mr. Rook: You say you would have done all right if left
alone. What do you mean by that?
Witness: By being persecuted by the police, especially P.C.
Butler, No. 6, who remained on my doorstep from the first week when I entered
the house. I am not supposed to ask any woman her occupation when she enters my
house, and they do not wear a brass breastplate with their occupation on it. I
have had considerable experience in the licensing business, but have never held
a house under Messrs. Ash before. When taking this house Messrs. Banks and Son
acted for me and the brewers. I paid £214 valuation to take over the house.
Mr. Rook: You applied for the transfer in October, and did
not get it until December. What were you doing in the meantime?
Witness: Am I bound to answer such a question?
The Chairman, after consulting his colleagues, said witness
need not answer such a question.
Mr. Mercer protested against Mr. Rook having put the question.
He had never heard an advocate wish to extract such information in such a case.
Mr. Mercer then at considerable length addressed the Bench
again, asking the Justices to re-consider their decision, and to report the
house to the compensation authority only. The case was a somewhat peculiar one,
and he ventured to say one which inflicted great hardship on the owners and the
tenant. The case was hard, inasmuch as, if the Bench decided to take away the
licence, the tenant would have to leave the house without compensation. Messrs.
Ash had since the passing of the Compensation Act, paid a very considerable
amount into the fund, and yet they, too, would lose their house without
compensation. In appealing to the Magistrates, he asked them to bear in mind that
the general public did not contribute to the compensation fund, but the “Trade”
themselves. The specific hardships which his clients would suffer were that,
covering a period of 14 years, the police had only proved three convictions,
and yet the charge was that the house was the habitual resort of prostitutes.
He quite agreed, and could not confuse the evidence, that the house was a rough
one, but they must all agree that there must be such class of houses. The
gentlemen would not like to have to associate with this class at their hotels,
etc. On the tenant, to lose the licence would be a gross hardship. He had paid
£214 to take over the house in December, and now, if reference to teh
Compensation Court were refused, it simply meant that he could take his goods
into the street, and not get as many shillings for them. If thehouse was so bad
in 1905, as the police said it was, how was it that the licence did not go
then, and not wait until 1906 before taking it away? He (Mr. Mercer) had to
admit the whole of the facts, yet he would ask the Bench to consider the
specific hardships upon both owners and tenant. It was only two years ago that
the Marquis of Lorne (Messrs. Ash`s property) came before the Bench. That was
before the clause of the Act was in operation, therefore, to lose their second
house without compensation would be “blow upon blow”.
The Magistrates retired, and after an absence of seven
minutes returned into Court, when the Chairman announced that the Magitrates
were unanimous in refusing the renewal of the licence upon the grounds of
misconduct.
Mr. Mercer: My instructions are to appeal; will the Bench
fix the recognisances?
The Chairman: The recognisances will be the landlord in
£100, and two sureties in £50 each.
We understand the Welcome appeal was duly entered on
Wednesday morning.
Folkestone Express
10-3-1906
Adjourned Licensing Sessions
The adjourned licensing sessions were held on Monday, when
the six licences which were adjourned from the Brewster Sessions were
considered. On the Bench were E.T. Ward Esq., Lieut. Col. Fynmore, Lieut. Col.
Hamilton, W.G. Herbert, C.J. Pursey, and R.J. Linton Esqs.
The Welcome
The licence of the Welcome Inn was first considered. John
Foreman is the licence holder, and the objection against the licence was that
there had been a conviction against the house.
Mr. Mercer appeared on behalf of Messrs. Ash and Co., the
brewers. On the case being called, he said before going on with the case, he
would like to mention that when it was put back, there was a verbal objection
against the house that it was not required. He had, however, been served with a
notice that it had not been well conducted. He asked that the objection should
be taken on the ground that it was not required. Under the present objection
the licence could be confiscated.
Mr. J.H. Rook, who appeared on behalf of the police in
opposition to the licence being granted, objected to it being other than on
account of ill-conduct.
The Magistrates stated they could not accede to Mr. Mercer`s
application.
The register was handed in by the Magistrates` Clerk.
Inspector Lilley said he had known the house twenty two
years. It was formerly known as the Cutter. During the whole time, with the
exception of a short period, the house had been the habitual resort of
prostitutes. In 1892 he was present in Court when a conviction was made against
the landlord for keeping the house open on Sunday during prohibited hours. He
had cautioned several different landlords about the conduct of the house. From
March 27th to April 3rd last year he kept observation on
the house, and he saw that the customers were composed chiefly of soldiers and
prostitutes. He made notes at the time, which he produced. On March 27th,
from 10.45 p.m. to closing time he saw three prostitutes leave with men. On the
28th at 10.35 p.m. he saw a prostitute go in.
At this point Mr. Mercer objected to the evidence because
the present licence holder was not in the house then. On the ground of common
fairness he asked them that the evidence be not heard.
The Chairman said they would admit the evidence.
Inspector Lilley, continuing, said on March 28th
at 10.55 p.m. two prostitutes came out with soldiers. They had been in all the
time he kept observations, as he did not see them enter. Music and dancing was
going on. On the following day he watched from 10.35 p.m. to 10.55. He saw
women, two of them well-known prostitutes, leave the house at 10.50. At closing
time two known prostitutes left the house with soldiers. Two other women also
left the house. They were all sober. Between ten and twenty soldiers came out,
and several were under the influence of drink. There was also music and dancing
on that occasion. On March 31st he kept observations from 10.35 p.m.
At 10.40 a woman went in with a soldier, and at 10.50 a prostitute came out
with a soldier. At 10.55 another woman came out with a soldier. At 10.45 three
Hussars came out, and one of them was drunk. On April 1st he kept
observation from 10.16 p.m. At 10.25 a prostitute came out, and went in again
at 10.30. At 10.35 two prostitutes came out and returned in three minutes. At
10.50 a prostitute came out with a soldier, and returned at 10.55. She had
previously come out of the house at 10.25. At 10.53 a prostitute came out and
went away with a soldier. At closing time four prostitutes and two other women
left, all of them going away with soldiers. He had not seen the prostitutes
enter, so could not say what time they entered. From 20 to 30 soldiers also
left.
Cross-examined, witness said he made the notes about the
house during the time he was in the street. The first prosecution against the
house he remembered was 1892. He had known the house prosecuted for being the
resort of prostitutes only once during the twenty two years. The first time he
had reported the house for being the resort of prostitutes was last April. He
had reported it verbally four or five times during that time. There was no prosecution
in respect of his report. He did not keep observations on the house in
consequence of instruction from his chief, but did it in the performance of his
duty. On April 3rd he warned Luck that he would be summoned, but
that was not done. He could not say the reason of that. Inspector Swift knew of
the character of the house, and had had conversations with him on the matter.
Two sergeants had also verbally reported it to him. He told them to keep
observations, and if anything happened to report it. They had reported verbally
with regard to the conduct of the house. Three or four constables had spoken to
him on the matter. There had been two convictions, one for drunkenness, and
another for allowing the house to be the resort of prostitutes.
P.S. Laurence said he had known the house about eighteen
years. There was very little day trade, while the character of the evening
trade was that it was the resort of prostitutes and men of the lowest type, who
lived in the common lodging houses, and of soldiers. He was in Court on May 25th,
1904, when a conviction was made against the landlord for harbouring
prostitutes. On December 5th and 6th, 1904, he cautioned
Jarvis, the then tenant. On January 27th, 1906, at 10.35 p.m., he
found P.C.s Simpson, Cheyney and Boorn endeavouring to disperse a crowd in
front of the house. He entered the house and saw the applicant, with whom he
went to the back of the bar. He also said about twenty past ten seven or eight
soldiers entered the house and walked straight through to the back room, where
several of the regular customers were seated. One of the soldiers said to one
of the civilians “This is the bloke we are looking for”. Immediately there were
six couples fighting in the room. He saw a well-known prostitute in the house
and he called the landlord`s attention to her. He said he had ordered her to
leave but she refused. The floor of the back room was flooded with liquor, and
there was evidence of a disturbance having taken place.
Cross-examined, witness said he could not see how the
landlord was to blame for the disturbance.
P.S. Osborne said he had known the Welcome for nineteen
years. During the last few years the trade had been rowdy, with prostitutes,
soldiers, and generally those using common lodging houses. On February 8th
of last year, at 10.35 p.m., he entered the house with P.C. Sharpe, and found a
man named France in the bar drunk and incapable. Witness arrested him. He also
found two prostitutes there. At eleven o`clock the same night he went to the
house again, and saw a prostitute named Spranklin come out. She was drunk and
fell down. He found three soldiers in the bar, and they were drunk. One was
afterwards arrested by the military police. He produced the conviction against
Luck, the landlord, made on February 15th. On January 27th,
1906, he was going down the street at 9.30 p.m., when he saw the applicant
turning a prostitute out of the house. On January 29th he called the
landlord`s attention to a prostitute in the house, and the landlord said he
thought she was a respectable woman. On January 13th, 1905, he
arrested a prostitute in the house. There were also three other prostitutes in
the house at the time.
Cross-examined, he said he agreed in a great measure with
Inspector Lilley`s description of the house. He spoke to the late
Superintendent several times about the conduct of the house. During the last
seven years he had verbally reported the house several times. During Foreman`s
tenancy the house had been very noisy.
P.C. Simpson said he had known the Welcome Inn for thirteen
years. Disturbances had been frequent at the house. On Christmas Day, 1904,
P.C. Sharpe and himself went to the house at 7.30, and on the ground floor a
room was full of soldiers and girls. Some of the girls were sitting on the
soldiers` knees. One girl was playing the piano. In the public bar there were
several costermongers, flower sellers, and two prostitutes. In January, 1905,
he kept observation on the house on the 19th and 20th. He
saw on the 19th a prostitute leave with three soldiers, and shortly
saw two other prostitutes enter and leave with men. On January 25th
last year, at 9.15 p.m., he saw two prostitutes in the front bar, and shortly
after they left in company with soldiers. On January 27th that year
he kept observation, and between 6.30 p.m. and 8.30 he saw three prostitutes
enter the house and remain there a quarter of an hour. Later he saw six
soldiers of the Royal Scots come out, and one of them had a bleeding face, and
the landlord told witness that they had picked a quarrel with some civilians.
He saw a prostitute sitting in the house, and when he drew the landlord`s
attention to her, he replied that the woman`s time was up, and he was just
about to tell her to go.
P.C. W. Prebble said on March 6th, 1905, he went
to the Welcome Inn, and he found several soldiers and women there. Four of them
were fighting. All were the worse for drink, and witness sent for a military
picquet. He ejected one, and as he would not go away, witness took him into
custody for being drunk and disorderly.
Cross-examined, he said he did not report the landlord.
P.C. Sharpe said he had known the Inn for fourteen years. It
had been the resort of prostitutes, soldiers, and rough characters. From March
31st to April 3rd last year he kept observations on the
house. On March 31st he saw two prostitutes leave at 10.05 p.m. He
had not seen them enter as he had been there from 9.15. On April 1st
he kept observation from nine o`clock until eleven o`clock. At 9.30 a
prostitute entered the house, and left at 9.45. At 10.10 she returned again and
left later. On each occasion she left with a man. At 10.35 two prostitutes
left. They had not entered during the time he had been watching. At 10.53 a
prostitute left with a soldier. He had not seen her enter. On April 2nd,
a Sunday, he kept observation from 8.30 p.m. At 8.40 he saw two prostitutes
come out with two soldiers. At 9 o`clock they returned to the house in company
with the two soldiers. At 9.05 a prostitute and a woman left with three
soldiers. On April 3rd he kept observation from 8 p.m. At 8.50 two
prostitutes and two soldiers entered. At 9.20 two prostitutes left, and
returned at 9.30. At 9.45 one left, and returned at 9.50. At 10.25 two
prostitutes left followed by two men. After a short conversation one left with
one of the men and went to a passage at the rear of the house. They returned to
the Welcome at 10.48.
Cross-examined, witness said he reported in writing what he
saw, but no action was taken. He could not say why.
P.C. Butler gave evidence of the house being the resort of
prostitutes, and also of civilians and soldiers leaving it under the influence
of drink.
Similar evidence was given by P.C. Boorn.
The Court then adjourned.
Mr. Thomas Henry Penn, 54, Penfold Road, a pensioner
staff-sergeant in the Army, said during the winter of last year he had been
employed at the Albany Club, in Tontine Street, as caretaker, and he used to go
home at night by the route of Dover Street very often. The customers appeared
to be soldiers and women of loose character. He remembered on a Saturday night
in February of last year seeing a man being carried out of the Welcome Inn and
placed opposite. The landlord followed the men out, and turned out the light
and then closed the door.
Mr. George Miller, bootmaker, 38, Dover Street, said he had
known the house ever since he could remember. The character of the house during
the last twenty years was pretty low. The class of customers were mostly
unfortunate women.
Cross-examined, he said he had wondered very much to hear of
no prosecutions against the house.
Thomas Stokes Franks, a grocer and provision merchant, of
51, Dover Street, said he had liced there six years, and the character fo the
customers was bad. The only trade as far as he could see was with prostitutes and
soldiers in general. He had had cause to complain of the conduct of the
customers. He had seen well-known prostitutes enter and leave the Welcome. He
had also seen them leave with men at the back of his house.
William Thomas Drury, a bootmaker, residing in Dover Street,
also gave his experience of the house, and said it was a very rough and rowdy
place as regarded men and women shouting, drunkenness, and bawling. He went on
and minded his own business when he heard a noise.
Cross-examined, he said the amount of drunkenness had been
scandalous on and off during the last twenty years.
Harold McCrow, also a bootmaker, residing at 49, Dover
Street, said the trade done at the house was practically with prostitutes and
soldiers. He had heard disorder in the house, and also seen scenes of disorder
outside.
Mr. R. Moxon, a member of the firm of Messrs. Ash and
Company, said he had been acting as manager for 35 years. No information had
been received during that time that the house was conducted in any other manner
than it ought to have been.
Cross-examined, witness said he did not suggest it was the
duty of the police to send him such intimation. The present tenant had not been
a tenant of the Company before.
The tenant, Foreman, said he came before the Court on
December 7th. He was told at the time that it was a difficult house,
and would require care to manage it. During the time he had been there he had
exercised care to the best of his ability. He had brought a woman before the
Magistrates for abusing him. He was unsuccessful in obtaining a conviction. He
had no assistance from the police in that case. Althogh the house had been
watched night and day, yet on that occasion when the woman was disorderly there
was no policeman there.
Mr. Herbert said the witness was putting a different
complexion on the affair to which he referred. When the landlord brought the
woman before the Magistrates he charged her with refusing to quit licensed
premises before the police came on the scene, and that the woman left the bar
when she was requested.
Mr. Mercer told the justices that he obtained his
information from what he considered would be the best authority he could get –
the Folkestone Herald.
Mr. Foreman, continuing, said he ejected the woman, and when
the constable arrived he told him to summon her. He did so. None of those
gentlemen who had given evidence had made a complaint to him. In fact they were
perfect strangers to him. He had not been summoned for any offence since he had
been in the house. He paid £203 on entering, apart from the stock on valuation.
When he was away his wife looked after the house. She had had twenty one years`
experience. His experience had been gained in various houses in Bristol and
London, some houses being of a superior class, while others were very rough. It
appeared to him that he got at the present time the same class of customers as
every other licensed house in Folkestone. Comparing his house with the houses
he had had elsewhere, he did not find it was more difficult to manage than the
others. He thought he could manage his present house if he was only left alone.
Cross-examined, he meant by being left alone, if he had not
been persecuted by the police. They had not prosecuted him up to the present.
The way they had persecuted him was: P.C. Butler never left his door the first
week he was there. P.C. Butler had called his attention to two or three women
who came out of his house one day. He told the constable he was a stranger in
Folkestone, and then asked him how he could expect him to know the occupation
of those women, for they did not carry their characters on their breast. He
kept his eyes open for respectability. He did not think it was a very difficult
house to manage if he was left alone, but it was only through the persecution
of the police that it was difficult to manage. He had never previously held a
licence under Messrs. Ash and Co. He paid £243 to go into the house.
The Chairman: You went into this house with your eyes open?
The Applicant: Yes, sir.
Mr. Mercer, in addressing the justices, said the case was a
somewhat peculiar one, as he ventured to say it was rather a hard one. The
Magistrates at the general sessions, having come to the conclusion that there
was a redundancy of licences, notified their desire that certain houses should
be closed. He again ventured to refer to the Folkestone Herald, which might be
wrong. According to the report it was intimated that at the adjourned sessions
the six houses, including the Welcome, would be opposed on the ground that they
were in excess of the requirements of the neighbourhood.
The Chairman: The Folkestone Herald is wrong.
Mr. Mercer: I shall not take in the Folkestone Herald again.
(Laughter)
Continuing, Mr. Mercer asked the Magistrates to refer the
licence to the Quarter Sessions on the ground that it was not required. If the
Bench decided not to allow it then it would deprive the owners and the licence
holder of any compensation from the fund to which they had been contributing.
He appealed to the Magistrates to reconsider the matter from that point of
view. The brewers had been forced to stick to the previous tenant owing to the
rule that the licence could not be transferred within a year. Men, who resided
near the house, had said the whole place was a beastly nuisance. He agreed it
was not a house to be kept. If the Magistrates reported the house to the
Compensation Authority, then he would give an undertaking that he would not
object and fight it when it came up.
The justices retired, and on their return into Court the
Chairman announced that they had decided to refuse the licence on the ground of
misconduct.
Mr. Mercer said he was instructed to appeal, and he asked
the Magistrates to fix the amount of recognisances.
The Chairman said the recognisances would be the landlord in
£100 and two sureties of £50 each.
Folkestone Herald
10-3-1906
Adjourned Licensing Sessions
Monday, March 5th: Before Mr. E.T. Ward, Alderman
W.G. Herbert, Mr. R.J. Linton, Mr. C.J. Pursey, and Mr. T. Ames.
The Welcome Inn
The case of the Welcome Inn (landlord Mr. John Foreman) was taken
first.
Mr. Mercer, who appeared for the brewers (Messrs. Ash and
Co.), said when the Magistrates put the case back at the former Licensing
Sessions it was done on the ground of its not being required, but since that
date he had been served with a notice stating the ground, not that the house
was not required, but that it had not been conducted properly. He asked that
the Bench would deal with the case not on the ground of which they had written
notice, but on the ground on which they had had verbal notice.
Mr. J. Herbert Rook, who appeared in support of the
withdrawal of the licence, objected to this application.
The Chairman: The Bench cannot consent to that.
Mr. Rook briefly addressed the Bench setting forth the main
features of the evidence of the following witnesses.
Inspector Lilley, examined by Mr. Rook, said the house was
formerly known by the name of the Cutter. It had been, since 1892, the habitual
resort of prostitutes. In 1892 he was in Court when the conviction on the
register was recorded. It was for keeping the house open beyond the specified
hours on a Sunday night. He had several times cautioned the defendant, and
during a period of last year kept watch on the house. A freat majority of the
customers were soldiers and prostitutes. He made notes at the time, and these
he now produced. On the 27th March he saw, from 10.45 p.m. till
closing time three prostitutes with men leave the house. Two of the latter were
drunk. On the 28th of the same month he watched from 10.35 p.m. and
saw a prostitute go in.
Mr. Mercer objected to this on the grounds of unfairness. It
was impossible for the tenant to check the evidence in any way.
Mr. Rook said it was perfectly clear from a case which he
quoted that such evidence was admissible.
The Bench decided to admit the evidence.
Inspector Lilley (continuing) said previous warning was
given to the late tenant of his conduct of the house. On the 28th
two more prostitutes went out with soldiers. He started keeping observation at
10.35 p.m. There was dancing, with an automatic piano, going on in the house.
At 10.35 p.m. on the next day a woman came out with a soldier. At 10.55 p.m.
two well-known prostitutes came out with several soldiers. At closing time two
more women left the house with soldiers. Several of the soldiers were under the
influence of drink. There was the same noise of dancing and music and shouting
in the house as on the previous day. On the 31st he watched from
10.25 p.m. At 10.40 a woman went in with a soldier, and at 10.50 a prostitute
came out and went away with a man, and a similar thing occurred at 10.55. At
10.45 three Hussars came out, one being drunk. On the 3rd April he
kept observation from 10.10 p.m. At 10.25 a prostitute came out, and went in
again at 10.30. At 10.35 two prostitutes came out and returned in three
minutes. At 10.50 a prostitute came out with a soldier, and returned at 10.55.
She was the one who came out at 10.25 and returned at 10.30. At 10.53 a
prostitute came out and went away with a soldier. Four of the women must have
been in the house the whole of the time he had kept watch.
Cross-examined by Mr. Mercer, witness said he made the notes
in the street at the time of the occurrences. The last entry was on the 23rd
February this year, and the remainder of the book was blank. The last entry had
reference to a larceny. He had known the house for twenty two years, and during
that time it had, with few exceptions, been the habitual resort of prostitutes.
There had only been one prosecution on these grounds. He last reported it in
writing last April. He had reported the house four or five times during the
twenty one years. He did not arrest the drunken persons referred to because
they were able to take care of themselves. They were not disorderly. When he
went to the landlord in April, he (the landlord) was not summoned. Information
concerning the house reached the police station in several ways. Inspector
Swift and he had had conversation respecting the house, and also two of the
sergeants had reported on it. Beyond the two sergeants, three or four other
members of the force had reported the house, either verbally or in writing, as
being the habitual resort of prostitutes. There had been three convictions.
Re-examined by Mr. Rook, witness said he made a special
report at the time, founded on the notes in the notebook.
Sergt. Lawrence, examined by Mr. Rook, said he had known the
Welcome Inn about eighteen years. There was very little day trade, and in the
evening it was the habitual resort of prostitutes and men of the lowest type.
He was present in Court in May, 1904, when the then landlord was convicted. On
the night of 5th and 6th December last year (1905), he
cautioned the landlord (Mr. Jarvis). At 10.45 p.m. on the 27th
January, 1906, from what he heard, he went to the Welcome Inn, where he found
three policemen endeavouring to disperse the crowd in front of the house. He
entered the house, and the landlord made a statement as to what had occurred,
to the effect that about twenty past ten seven or eight soldiers came to the
house, and, without calling for drinks, walked straight through to the back
room. One of the soldiers said “This is the bloke we were looking for” and made
for him, and immediately about six couples were fighting in the room. There was
one prostitute in the house with a glass containing liquor. He called the
landlord`s attention to her, and he said he had asked her to go out, but she
had refused. He (witness) said “You know your remedy if she refuses to leave”.
The floor of the back room was flowing with liquor.
Sergt. Osborne, examined by Mr. Rook, said he had known the
Welcome Inn for 19 years. For the last few years the character of its trade had
been rather rowdy. On the 8th February last year he visited the
house at 10.35 p.m. P.C. Sharpe was with him. He found in the bar a man drunk
and incapable. He arrested him and took him to the police station. He found
also two prostitutes there. He went to the house again at 11 o`clock, and saw
one of the women coming out, and she was drunk; in fact she fell out. He found
three soldiers in the front bar; two were drunk, and one was subsequently
arrested by the Military Police. He produced a conviction, dated February 15th,
relating to the premises in question. On the 29th January, 1906, he
spoke to the previous applicant outside the house, and cautioned him in regard
to a prostitute standing by. On the 13th January, 1905, he arrested
a prostitute in the front bar of the house. There were three other prostitutes
there at the time.
Cross-examined by Mr. Mercer: He agreed in part with the
description of the house given by Inspector Lilley. He had spoken to the late
tenant several times about the house. During Mr. Foreman`s tenancy of the house
it had been very noisy.
P.C. Simpson, examined by Mr. Rook, said he had known the
house for thirteen years. The night trade was very rough. Disturbances had been
frequent. On Christmas Day, 1904 (Sunday), he went with P.C. Sharpe and found
the ground floor in front full of soldiers and girls, the girls sitting on the
soldiers` knees, one girl playing the piano, and all singing “Bluebell”. In the
front bar at the same time there were several flower sellers, costermongers,
etc. In January, 1905, he kept observation on the house on the 19th
and 20th. On the 19th he saw prostitutes leave with
soldiers. They did not enter with the men they left with. On the 25th
January, 1905, at 9.05 p.m. he saw two prostitutes in teh front bar; they left
with soldiers. On the 27th January, 1906, he was in Dover Street
keeping observation on the Welcome Inn. He saw three prostitutes enter and
leave. They remained for about fifteen minutes. At the top of Dover Street, on
the 27th, he heard a police whistle blown, and spoke to the
landlord, who told him there had been a general fight.
Cross-examined by Mr. Mercer, witness said he had reported
several times casually. The case he had referred to on the 27th was
identical with that referred to by Sergeant Lawrence.
P.C. Prebble, examined by Mr. Rook, said that on an evening
of March, 1905, a noise attracted him to the Welcome Inn. He found several
soldiers there and some women. One was bleeding very much from the head; all
were the worse for drink. He ejected one of the men who refused to leave, and
subsequently arrested him.
Cross-examined by Mr. Mercer, witness said he did not report
the landlord for this case. If he thought the landlord had committed an offence
under the intoxicating liquor laws he would have summoned him.
P.C. Sharpe, examined by Mr. Rook, said he had known the
Welcome Inn for fourteen years. He deposed to keeping observation on the house
and seeing women of bad repute leave there.
Cross-examined by Mr. Mercer, witness admitted that
prostitutes were entitled to go to a house. There was no particular time limit
in regard to their stopping. Ten minutes would be a reasonable time, but an
hour would be unreasonable.
P.C. Butler, examined by Mr. Rook, deposed that he was
keeping observation over the Welcome Inn in March and April last year. He saw
prostitutes leave the house.
Cross-examined by Mr. Mercer, witness said he would say from
ten to fifteen minutes was a reasonable time for prostitutes to be in a house.
P.C. Bourne, examined by Mr. Rook, said he had known the
house for six years. The night trade of the house had been low in character
during that time. He spoke to having seen prostitutes enter and re-enter the
house in February and March, 1905.
Thomas Henry Penn, of 55, Penfold Road, said he was a
pensioned staff-sergeant from the Army. During the winter of last year he was employed
at the Albany Club as caretaker, and whilst so employed went home by the Dover
Street route. In doing so he would pass the Welcome Inn. With regard to the
general character of the customers, they were soldiers and women of a loose
character. On one Saturday in February, 1905, he was returning to his house
about 10.45 p.m. when he saw a man carried out of the house in question by four
men and placed on the opposite footway apparently senseless. Witness went about
ten yards, and on turning round saw the landlord come out with a lamp
extinguisher and put out the lights. He went in immediately and closed the
door. It was then ten minutes to eleven.
George Miller, a bootmaker, of 38, Dover Street, stated that
he had known the house for the last twenty years, and he considered it to be of
a very low class, whilst the customers, for the most part, were unfortunate
women. He lived about four houses away, and he had never seen any respectable
people in the vicinity go in or come out. Forty years ago the Welcome Inn was a
respectable house.
Cross-examined: In the days of Mr. Court, forty years ago,
it was a good house. He had never heard of any prosecution, though he wondered
there never had been.
Thomas Stokes Paine, a grocer and provision dealer, said he
had lived in the vicinity for six years, and during that time the character of
the house was bad. He had had cause to complain of the character of the
customers, and had seen prostitutes there with men, and alone. They came up a
passage which abutted upon his premises now and again to have a fight. He did
not know of one respectable inhabitant of Dover Street who used the house.
William Thomas Drury, a bootmaker, said that he had known
the house for years. He thought it might very well be termed a very rough,
rowdy house. By that he meant there was plenty of noise, drunkenness, and
brawling. He could see the house from his place, but as soon as he heard the
noise he went indoors and minded his own business.
Cross-examined: He had seen a scandalous amount of drunkenness
in the last twenty years, but he had not seen much of late.
Harold McCrow, also a bootmaker, living at 49, Dover Street,
stated that he had a shop opposite the Welcome Inn. The character of the trade
done at the house was as described by the previous witnesses. He had heard
scenes of disorder outside the premises, and had seen them inside.
Evidence in support of the licence was then taken.
Richard Moxom, manager of the firm of Ash and Co., declared
that during the thirty eight years of his management he had received no news of
the conduct of the house. The present applicant (Mr. Foreman) had not been in
the house very long.
John Foreman, the tenant of the house, stated that he had
been in occupation since November. He was warned when he took the house that it
was a difficult one to control. He had conducted it to the best of his ability.
He had proceeded against one woman for disorderly conduct, but he had been
unable to obtain a conviction.
Mr. Herbert complained that Mr. Mercer was putting a wrong
complexion on the case.
Witness, further examined, said that he did not find the
house any more difficult to control than others, and he would manage if he was
let alone.
Cross-examined by Mr. Rook: When he said that he would
manage all right if he was left alone, he meant if the police had let him
alone.
Mr. Rook: If they have persecuted, they have not prosecuted
you, have they?
Witness: When I was there the first week, No. 6 (Mr. Butler)
did not leave my door. (Laughter)
Witness (continuing) added that in October he was
negotiating directly for the house, and agreed to take it. He paid £243 to go
into the place.
Mr. Mercer asked the Bench to reconsider this case. The fund
from which the compensation was to be drawn was not provided by the Magistrates
or the general public. It was a fund provided by the trade itself, and as had
been said by a well-known Englishman occupying a high position, the Magistrates
could afford to be generous. In that case the Magistrates could decide, if they
believed the evidence, not to adopt the power they had of saying “No, this
house is of such a character as to deprive you of the licence and we grant you
no compensation”. He asked them to say that, upon certain conditions, they
would report the licence to Quarter Sessions with other cases that they might
have. It was a case of peculiar hardship, both to the brewers and the tenants.
He asked the Bench, assuming the trade was bad and rough, that they would allow
the case to go to Quarter Sessions, on a condition on which he would not have
to oppose it. He agreed that he could not listen to the evidence that the Bench
had heard and say it was a desirable house. He agreed that it was not a house
to be kept, but he wanted, if it was referred to the Committee, to have the
right to the full compensation that the property was worth. Only two years
previously the Marquis of Lorne was extinguished without compensation, and the
owners in that case were the same as in this.
The Bench having considered the matter in private, the
Chairman announced that the Magistrates were unanimous in refusing to grant the
licence on the ground that the house had been an ill-conducted one.
Mr. Mercer said he had been instructed to appeal, and asked
the Magistrates to fix the amounts of the recognisances.
The amount was fixed, the landlord in £100, and two sureties
of £50 each.
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