From the Canterbury Journal and Farmers’ Gazette, Saturday, 21 February, 1903.

ST. AUGUSTINE’S ADJOURNED LICENSING SESSIONS.

HERNE BAY.—LICENCE RENEWED FOR ROSE INN.

Mr. Booth Hearn said with regard to the objection to the renewal of the licence of the "Rose Inn," Herne Bay, the police objections were personal rather than to the house. If another tenant were provided the police would withdraw their objection.

Mr. Walter Hills, of Margate, who appeared for the tenant, Walter Tyrrell, said he should like to know the grounds on which Mr. Hearn made that statement. The tenant, Tyrrell, was regarded as a highly respectable man, and they had a right to know the grounds on which that statement was made.

Mr. Hearn said the police considered the present tenant of the house an undesirable person. There had been two summonses against Tyrrell during the last year but both were dismissed. The police sergeant stationed at Herne Bay could give evidence generally as to the way the house was conducted.

Mr. Hills said on two occasions the tenant of the house had been summoned but on both occasions the cases were dismissed. A man was deemed to be innocent until he was proved to be guilty. The police had no right to come there after the man had been acquitted on two occasions and say he was not a fit and proper person to hold the licence.

Sergeant Baker, stationed at Herne Bay, stated that on December 29th last he saw P.O. Harris who was on duty in uniform. He saw him go to the side entrance of the house in Charles Street and look through the glass door. Subsequently witness saw the landlord and another man leave the house. The man with the licensee was carrying a beer can. They went up to the constable who was standing near the house. The can was handed to the constable, who drank the contents. It was apparently a pint can. They then left the constable. Witness went up to the constable and told him what he had seen. The constable said that was right—he did have a pint of beer. Witness reported the matter to the Chief Constable. The landlord of the house had been summoned on two occasions, but both cases were dismissed on the ground that there was not sufficient evidence to convict.

In cross-examination by Mr. Hills witness said Mr. Tyrrell had kept the house for fourteen years. Witness had reported P.C. Harris for a similar offence before. When witness spoke to Harris afterwards he said the beer had been given him by someone. Both the men left the house together at seven minutes past eleven o'clock.

Mr. Hills said there was a large meeting at the “Rose Inn” on the night of December 29th and a number of gentlemen were made members of a club. The meeting was over at about 10 o'clock. A number of them remained until a few minutes afterwards, one of these being a man named Foley, who took a deep interest in the Society. He was a gentleman in the habit of going to the house every evening and he very frequently took home in a can a pint of beer. On the occasion in question a few minutes before eleven o’clock he asked Mr. Tyrrell to get his beer ready. Mr. Tyrrell got the beer ready and then went to the door with Mr. Foley. They remained for a few minutes at the door talking. Mr. Tyrrell went inside and looked the house up and it was not until Mr. Tyrrell had gone inside and locked the house up that Foley asked the constable if he would have a drink. Foley was wrong no doubt, and made a mistake. The constable had a drink, and Foley said “Now you have commenced it you had better finish it.” Foley told the constable that when he had finished he could leave the can on the door sill, and “Walter would find it in the morning.” If there had been any grounds for complaint Sergeant Baker should have gone to Tyrrell at once and asked for an explanation. The Sergeant made a report to Superintendent Jacobs who no doubt reported the matter to the Chief Constable at Maidstone. No proceedings were taken on that report, however, for that very serious charge. Mr. Tyrrell was a highly respectable man, and had been tenant of the house for fourteen years. During that time no objection had been made as to the way he conducted the house. Mr. Tyrrell was being treated by the police as if he were a convicted thief, and his life was being made so miserable that he did not think he should be able to remain in the house.

Walter Tyrrell stated that he had held the licence for sixteen years. He held it for fourteen years without receiving any complaint. It was only during the last fourteen months that he had received any complaints. Referring to the occasion when beer was given to P.C. Harris witness said he never left his house. Sergeant Baker watched his house every night. It was like a persecution.

Mr. Hills put in a memorial signed by members of the Urban District Council, doctors, and others to Mr. Tyrrell’s character.

George Foley said he gave the beer to P.C. Harris after Mr. Tyrrell had closed his house. Mr. Tyrrell did not know any thing about it.

The Chairman said the Bench had carefully considered the case, and the licence would be renewed.