From the Kent and Sussex Courier, 13 January, 1939.
LICENSEE FINES £5. WOMAN DRUNK ON PREMISES.
FIRST CASE FOR MANY YEARS IN TUNBRIDGE WELLS.
When a licensee who had held a license for only three and a half months
was summoned at Tunbridge Wells Police Court on Monday, it was stated
that it was the first time in many years that such proceedings had been
taken in the town.
Richard Bushell, licensee of the "Bristol Arms," Calverley-road, was
fined £5 for permitting drunkenness to take place on his premises on
December 15. He pleaded guilty.
The case was heard before Sir Robert Gower. M.P., and other magistrates.
Mr. J. G. Hillier, assistant solicitor to the Corporation, who
prosecuted, explained that as a result of certain information Inspector
Huggett went to the public-house, where he saw a woman drunk on the
premises. When he drew the licensee's attention to her he replied, "She
has been like it for half an hour in the same position. She had a
Guinness and two Australian wines, and my wife served her with one or
two Australian wines." Mr. Bushell added that she must have had
something to drink somewhere else before she came into his public house.
She came in about 7 o'clock and at 8.45 he noticed her condition, after
which she was not served again. Mr Bushell also explained that he had
been very busy, but after he noticed the woman's condition he refused to
serve her again.
HELD LICENSE THREE MONTHS.
Mr. F. S. Harries (Messrs. W. C. Cripps, Harries, Hall and Co.), who
pleaded guilty on defendant's behalf, admitted the facts stated by Mr.
Hillier, whom he welcomed to the Court for the first time. Mr. Harries
explained he was mainly instructed by the Tunbridge Wells Licensed
Victuallers' Association, of which society the defendant was a member.
The Association was very jealous of its members upholding the law, and
therefore viewed the case with some concern. It was very many years
since there had been a summons against a licensee in Tunbridge Wells.
Mr. Harries pointed out that the defendant was very busy on the evening
in question, unexpectedly so, and the barman, who was a very experienced
man in the trade, had been allowed to go out. The defendant first held a
license on August 29, 1938, and the incident occurred on December
15—some three and a half months. What he (Mr. Harries) desired to put
before the magistrates was not an excuse so much as it was an
explanation.
Mr. Harries went on to say that when Mr. Bushell realised that the woman
was drunk he allowed her to remain instead of turning her out, although
she was not served with any more drinks. There was, of course, no
suggestion that he supplied her with drink knowing her to be drunk but
his mistake was that he failed to turn her out as he should have done.
Mr. Harries went on to speak of Mr Bushells excellent character and said
that the Chief Constable was quite satisfied that he was a fit and
proper person to hold a license. Both bars were very busy at the time.
Mr Harries added, and Mr Bushell's action was no doubt partly due to
inexperience and partly due to the business. Mr Harries asked that the
proceedings would not be taken into consideration when the question of
the renewal of the license next came before them.
CONDUCTED HOUSE SATISFACTORILY.
The Chief Constable explained that the defendant had spent 19 years in
Africa before coming to Tunbridge Wells, and had conducted his house in
a very satisfactory manner. He put the cause of the alleged offence down
to inexperience.
In announcing the fine, the Chairman told Bushell that there was no
doubt that the concluding drinks which the woman had were obtained in
his house, and she got into a state of intoxication. It was the
defendants duty to see that she did not have so much drink. It was
therefore, his duty to clear her off the premises, and the Bench was
determined to see that the law was enforced. They appreciated the fact
that in the past licensed victuallers had carried out their duties
splendidly, and therefore the Bench regretted all the more that the
defendant was before them. They had, however, come to the conclusion
after hearing the representation of Mr. Harries, that it was quite clear
that it was due to inexperience. "We don’t want to penalise your future,
but we must fine you the sum of £5. With regard to your application for
the renewal of your license, we shall not take this into consideration
unless the Chief Constable raises any question."
|