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Local Paper, Saturday, November 26, 1881. Magistrates: The
Mayer (J.S. Benton, Esq); W.P. Hayman, Esq; Alderman J. G. Naylar;
J. L. Edwards, R. Stedman, J. H. Ball, G. Booth, and N. E. Toomer,
Esqrs.
Peculiar Application Under the Licencing Act. – Mr. McLellan
(Wood and McLellan) applied in behalf of Messrs. Leney, owners of
the "Windmill" public-house, Cossack-street, Delce, for their Worships
to grant a temporary authority to Mr. Joseph Butler to carry on that
house. Mr. McLellan stated that the person licences, William Henry
Mitchell, absconded on Monday, leaving behind him the Excise notice
for the payment of the annual duty on the following day. As Mitchell
did not come back, Mr. Gifkins, the owners’ manager, had himself
paid the duty. The Clerk (Mr. J. T. Prall) thought the Magistrates
would hardly care to sign an authority upon the mere evidence of a
man being away three or four days. Mr. Gifkins said Mitchell owed
the owners a lot of money, so that he was not likely to “turn up”
again. Mr. McLellan added that there was an agreement between the
owners and the tenant by which the former were empowered to take
possession upon the tenant doing anything to endanger the licence.
Mitchell had rendered himself liable under this agreement by leaving
the licence duty unpaid. The Clerk said the agreement might be a
very nice thing for the owners, but the Magistrates could only act
within their statutory powers. Mr. Gifkins was then sworn sand
said that on Tuesday, hearing that Mitchell was gone, he visited the
house and saw Mrs. Mitchell, who gave him the licence duty notice
and said her husband had told her to do so. The Clerk said there
was nothing in this to show that Mitchell would not come back. Mr. Gifkins said Mitchell had sold the best of the furniture in the
house, which did not look as if he meant returning. He told his wife
that he should “give up his pension and go into the army again.” He
had another heavy liability beside that to the firm, in connection
with a club held at the house. After considerable argument the
proposed new tenant said he believe Mitchell could be found without
much trouble, whereupon the bench at once advised Mr. Gifkins to
find the man and get him to sign a transfer of the license. Mr. Gifkins said he would endeavour to do this. |
