From the Rochester and Chatham Journal and Mid-Kent Advertiser, Saturday, September 2, 1876.
The Chatham Skating Rink.
Mr. Montague Williams, of London, barrister (instructed by Mr.
Foster of London), said he had the honour to appear as counsel for
the proprietors of the Chatham Skating Rink, in whose behalf he
asked for a 6 days' licence. It was a somewhat exceptional
application and as "good wine needs no bush" he would make very few
observations, because he felt satisfied you should show the
bench at this was an application which needed to be granted. The
gentleman who applied for the licence were the lessees of the
rink. The ground on which the rink was built was leased by two
gentleman named Toulagln, who had been in the army, and
another gentleman named Burners, and they sort for a licence, not in
the name of any nominee, but for themselves. He understood
there was to be opposition, but he could not tell its nature or from
whom it emanated. He would be much obliged if the attorney
who appeared on the other side-
Mr. Hayward:- There are no attorneys now.
Mr. Williams:- Well, the gentleman in the other branch of the
profession. I don't mind whether I am called barrister or council. I
mean no affront.
Mr. Hayward did not think that for a moment.
Mr. Williams said he would like to know what enemy he had to meet.
Mr. Hayward stated that he opposed on behalf of Mr. Burford, who
keeps the "Gibraltar," and adjacent house.
Mr. Williams:- Now I understand. It is a publican's opposition and I
shall deal with it as such. All that was sought by the lessees - and
they were willing that the magistrate should tie them down in this -
was to sell to persons who paid their 1s. or whatever the price
might be for the purpose of entering the rink, in order that they
might not be driven through the turntable turnstile to be drenched
with liquor that possibly would not be as good for them as a liquor
that would be provided by gentleman who would have the means
of ordering direct from the wine merchant and testing for
themselves. It would be only a 6 days' licence and for the hours
during
which the rink was open. The rink was a very expensive undertaking -
they had to pay something like £500 simply for using the
Plimpton skates - and in point of fact the lessees had every
inducement to do that which as gentleman he was sure they would do,
keep the premises orderly and well-conducted. He might say that the
Rev. H. B. Stevens, who leased the land, actually supported
the application, because there was a provision in the lease
directing certain things in the event of a lease being obtained. He
did not
know whether the person who opposed was the one who, under a daily
Excise licence, had hitherto supplied refreshments on the
rink. But even under that state of things the bench had heard no
complaints made or suggested. The lessees of the rink were
anxious to keep the place respectable, and it would be madness on
their part to admit any but respectable people. He could not
understand what opposition there could be on the part of this
solitary publican he could not see how he would be injured in any
way. It could not effect the ordinary public house sale. It was not
a question of remaining in the tap room to drink hour after hour; it
was an exceptional supply, and simply to persons who, if they were
not o the rink, would just as soon think of entering the pot
houses alluded to as they would have walking from here to London for
a glass of whiskey and water (a laugh). It was ridiculous, and
how the publican, who appeared very much like a dog in the manger,
could feel aggrieved, he was at a loss to understand. He
might add that there was no power for the present lessees to
reassign the lease without the consent of the lesser. He handed in a
memorial, and said he understood there was a rink club of 150
members, most of whom had signed it.
By Mr. Prall:- I appear for them.
Mr. Williams:- Then I need say nothing about them. He concluded by
reminding there worships that if they granted his application it
could only be in the shape of a rule nisi, but he trusted he would
be able to get the confirming committee to make it a rule absolute.
Mr. Prall asked the courtesy of the bench in listening to a few
remarks he had to say on behalf of the members of the rink club.
Mr. Hayward said it was a little out of order to hear anybody in
support of applications, and it was opening a floodgate.
The Clerk said it was rather unusual.
Mr. Prall admitted it was with the bench.
Mr. Hulks said the bench would take it simply that Mr. Prall
appeared for the club.
Mr. Prall:- Very well, sir.
Mr. Hayward said the bench would have to consider, first, whether it
was desirable that the licence should be granted - whether it
was not only a place to employ muscular exertion and not to smoke a
pipe and drink a glass of brandy and water in afterwards; and
secondly, if the licence should be granted under ordinary
circumstances, whether the rent was so situated that there was or
was not
any particular objection to a licence being granted to it. Of course
the club was anxious, naturally, to do anything to get people to
the rink, and as at present establish persons went there simply to
rink; but if they were going to have a "pot house" licence they
should have people go there for a very different purpose, and the
probability was they would drive away those respectable persons
whom he was informed now attended the rink. He was very much
surprised that the proprietor, in their own interests should have
made this application. It had nothing to do with that similar
applications hade been granted to other places, but as other places
had
been mentioned he might tell the bench that at Maidstone a licence
had been refused. Some magistrates thought it desirable the
pot house should be united with the rink; others thought it should
be for the purpose of muscular exertion only. Of course Mr.
Stevens did not oppose the application, because he would not get so
much rent if the licence were not obtained. He was certainly
surprised the Rev. Stephen should have granted the lease,
considering the position of the place and how it had annoyed the
Rev.
Mr. Joseph.
Mr. Williams objected to anything being said about the Rev. Joseph
unless that gentleman was to be called as a witness.
Mr. Hayward said he would like very much for the Rev. Stevens to be
called (a laugh). But as Mr. Williams had stated that Mr.
Stevens approved of the rink he had surely a right to state that the
Rev. Joseph disapproved of it.
Mr. Williams said the lease spoke for itself with regard to the Rev.
Stevens.
Mr. Hulks thought the bench might take the lease as a fact, while
they had no such thing before them respecting the Rev Joseph.
Mr. Hayward continued:- It seems to him there could not be a more
improper place for a licence then a rink. Would the managers
be always on the premises to see that good order was observed,
because that was a most important thing? Then was there any
actual necessity for a license? He was opposing in behalf of the
"Gibraltar" which was the nearest to the entrance of the rink. They
were told that temporary refreshments had been applied by Mr.
Wisdom. Well there were private rooms in Mr. Wisdom's house in
which person's could get whatever they required to drink, and just
as unadulterated as if supplied as a wine merchant would supply
it. If it was said that that would drive people outside all
difficulty was obviated by giving them return tickets available for
a certain
time. But he implored the bench to pause before they turned the rink
into a place where there was nothing to prevent smoking and
drinking. He was astonished not so much that the holders of the
lease but that the members of the club should come there to ask
for a licence for such a place.
Mr. Williams intimated that if a licence were granted the lessees
were willing to abide by any terms they might be put under.
The Magistrates retired for a few minutes, and on their return into
court, Mr. Hulks said they had decided to grant the licence,
subject, of course, to confirmation, and subject also to its only
being used for rinkers. And that if the drink was not conducted
properly the lessees need not be surprised should the licence be
refused next year. |