1 Beach Street
Folkestone
Originally a coffee house titled the "Commercial Coffee House," but managed to gain a license in August 1869,
although appears to have been a beer hose as early as 1855.
In 1893 the name changed to the "Wellington."
Any further information or indeed photographs would be appreciated.
Please email me at the address below.
This page is still to be updated.
Folkestone Chronicle 25 October 1884.
Advertisement.
Notice of Auction Sale of Valuable Freehold Dining and Refreshment
Rooms.
Messrs. Harrison and Son have been favoured with instructions to sell be
auction at the "Rose Hotel," Folkestone, on Monday October 27th, 1884, at
Three o'clock in the afternoon, all that valuable Freehold Corner House
and Shop, Situate and Being No. 1, Beach Street, Folkestone.
Facing seven of the principal thoroughfares in Folkestone.
An Ale and Beer license is granted to the premises, and has been used
for the last 20 years by the present proprietor as Dining and
Refreshment Rooms.
The premises comprise on the Ground Floor: Double Fronted Shop, Dining
Room, Sitting Room and Kitchen.
1st Floor: Three Sitting Rooms, Small Bedroom.
2nd Floor: Four Bedrooms and W.C.
3rd Floor: Four Bedrooms.
In the occupation of the owner, and arrangements can be made for early
possession.
The Auctioneers beg to draw special attention to the fact that the
premises, facing seven of the principal thoroughfares in Folkestone, are
well situated for any kind of business.
Particulars and Conditions of Sale may be obtained at the offices of the
Auctioneers, 17, Guildhall Street, Folkestone, and of Mr. J. Minter,
Vendor's Solicitor, Folkestone.
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Folkestone Chronicle 1 November 1884.
On Thursday Messrs. Harrison and Son submitted to auction a freehold
house and corner shop with yard and premises, known as No. 1, Beach
Street, and which was sold for the large sum of £1,400.
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Folkestone News 31 Januuary 1885.
Wednesday, January 28th: Before The Mayor, Aldermen Caister and Hoad,
Mr. Bateman and Mr. Boykett.
Mr. Wilson applied for and obtained a transfer to himself in respect of
the Commercial Coffee House, Beach Street. Granted.
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Folkestone Chronicle 12 January 1889.
Local News.
At the police court on Saturday, John Heron, who did not appear, was
charged with assaulting Mr. Wilson, landlord of the British Queen
(sic),
Beach Street.
The prosecutor stated that the prisoner came into the bar for some
drink. He was drunk, and witness would not serve him. In consequence of
that the defendant struck him a heavy blow in the face.
Supt. Taylor said the defendant was convicted three times last year for
drunkenness and obscene language.
Alderman Banks said he considered Heron had treated the court with
contempt by not being present to answer the charge, and he would be
fined 10s. and 9s. costs, or 14 days' hard labour.
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Folkestone Chronicle 20 September 1890.
Monday, September 15th: Before Captain Crowe, Alderman Banks, W. G.
Herbert, J. Brooke, and H. W. Poole Esqs.
Thomas Taylor was charged with stealing a shirt, value 2s. 6d., the
property of Richard William Kennett, landlord of the "British Colours".
Prosecutor said on Saturday afternoon he found the prisoner in the
kitchen eating bread and butter. He had no right in the kitchen. He was
ordered out, and shortly after he left prosecutor missed a shirt which
had been hung in front of the fire to air. Prisoner returned about six
o'clock, and was then wearing the shirt. Prosecutor desired him to take
it off and return it to the man it belonged to. He refused and was very
abusive. Prisoner was drunk when he went in the second time, but not the
first time.
Sentenced to 21 days' hard labour.
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Folkestone Express 20 September 1890.
Monday, September 15th: Before Captain Crowe, Alderman Banks, W. G.
Herbert, J. Brooke, and H. W. Poole Esqs.
Thomas Taylor, a stranger, was charged with stealing a shirt, value 2s.
6d., the property of Richard William Kennett.
Prosecutor is the landlord of the "British Colours." On Saturday afternoon
he found the prisoner in the kitchen eating bread and butter. He had no
right in the kitchen. He was ordered out, and shortly after he had left
prosecutor missed a shirt which had been hung in front of the fire to
air. Prisoner returned about six o'clock, and was then wearing the
shirt. Prosecutor desired him to take it off and return it to the man it
belonged to. He refused and was very abusive. Prisoner was drunk when he
went in the second time, but not the first time.
P.C. Dawson said the prisoner was given into his custody. He charged him
with stealing the shirt which he was wearing.
Prisoner was sentenced to twenty one days' hard labour.
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Folkestone News 20 September 1890.
Monday, September 15th: Before Capt. Crowe, Alderman Banks, H. W. Poole,
J. Brooke, and W. G. Herbert Esqs.
Thomas Taylor was charged with stealing a shirt, value 2s. 6d., the
property of Richard William Kennett.
Prosecutor said that the prisoner came into the "British Colours" on
Saturday morning and called for a pint of beer, but only put down a
penny, and was served with half a pint. About three the same afternoon
he found the prisoner in the kitchen, where he had no right to be, and
he was ordered out, prosecutor telling him that he did not want such
characters in his house. Shortly after, a shirt which had been placed in
front of the fire to air, was missed. Prisoner returned about six o'clock wearing the shirt, and he told him to take it off and give it to
the man it belonged to. Taylor refused, and was very abusive, and he was
consequently given into custody. Prisoner was drunk when he came in the
evening, but not in the afternoon.
P.C. Dawson proved taking the prisoner into custody and finding that he
was wearing the shirt produced.
Prisoner said he was very sorry such a thing had happened. It would not
have occurred if he had not been drunk.
Twenty one days' hard labour.
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Folkestone Chronicle 18 October 1890.
Local News.
As a labouring man was passing the "British Colours" public house on
Saturday morning, a dog, which appeared to be asleep, flew at him,
catching hold of his trousers. The man turned round sharply, and in
doing so slipped and fell against the window, smashing two squares.
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Folkestone Chronicle 4 April 1891.
Saturday, March 28th: Before The Mayor, Major Penfold, E. T. Ward, J.
Sherwood, J. Pledge, J. Holden and J. Fitness Esqs.
John Smith, and old offender, was summoned for being drunk and
disorderly in High Street on the 25th of March, and pleaded Not Guilty.
P.S. Butcher said he met the defendant in High Street about half past
ten on the night in question. He had blood on his face and said to
witness “I want to give George Ratcliff into custody for kicking me in
the mouth”. Seeing he was drunk, witness advised him to go home quietly
and summons him on Monday. He then went down to the "British Colours,"
where a large crowd of people had assembled, and waited outside, saying
he meant to have satisfaction when Ratcliff came out. Some women
eventually got him away. He caused a large crowd to collect.
Rose Cooper, a hawker, said she got the defendant to go away from the
"British Colours."
Defendant said he was in the "British Colours" and Ratcliff commenced to
quarrel with him and wanted to fight, but he would not because he did
not want to get into trouble. He was always annoying him.
The Mayor said the case would be dismissed. Defendant should have taken
out a summons, and he would advise him to keep out of the public houses.
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Folkestone Express 4 April 1891.
Saturday, March 28th: Before The Mayor, Aldermen Sherwood and Pledge, S.
Penfold, J. Fitness, J. Holden, and E. T. Ward Esqs.
John Smith was charged with being drunk and disorderly in High Street on
March 14th.
Sergeant Butcher said he met the defendant in High Street. He had blood
on his face, and said he wanted to give George Ratcliffe in custody for
kicking him in the face. He saw defendant was drunk, and advised him to
go home and summon Ratcliffe on Monday. He refused to go away, and
caused a crowd to collect while he was waiting “to have satisfaction”
from Ratcliffe, who was in the "British Colours."
Defendant called Rose Cooper, a hawker, living in Bridge Street with the
defendant, who said the defendant was not disorderly or the worse for
drink. He was talking to Sergt. Butcher, who said he should go home or
he should “take him up top”.
The Bench dismissed the defendant with a caution as to his future
conduct.
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Holbein's Visitors' List 22 April 1891.
Saturday, April 18th: Before The Mayor, Aldermen Dunk, Sherwood and
Pledge, J. Fitness, J. Holden and J. Clark Esqs.
Rose Hogben pleaded Guilty to breaking a window at the "British Colours"
on the previous evening.
The landlord of the "Colours" said that about 10.30 the prisoner came to
his house and asked for half a pint of beer. He refused to serve her and
asked her to leave. She refused and he put her out. She then took a
stone from the road and threw it through the window. He estimated the
damage at 3s. 6d.
Rose evinced a desire to “nag” the prosecutor, but was brought to with a
round turn.
Fined 1s; damage 3s. 6d.; costs 4s. 6d.
Not being able to find the “needy” she was removed to the dungeon.
(I am informed by Barbara Beveridge that
later on in 1910 she visited the "Railway Bell" in Dover Road within
hours of returning from an inebriate home where she had been sentenced
to 3 years. Her family tried to meet her off the train in order to help
her go on the straight and narrow but were too late! Her name then was
Rhoda Hogben.)
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Folkestone Chronicle 25 April 1891.
Saturday, April 18th: Before The Mayor, J. Sherwood, J. Pledge, J. Dunk,
J. Clarke, J. Holden and J. Fitness Esqs.
Rose Hogben was placed in the dock, charged with wilfully breaking a
square of glass at the "British Colours" on the previous night.
Richard Kennett was called, and stated that the prisoner went to his
house about half past ten on Friday night. She asked for half a pint of
beer and he refused to serve her. She appeared to be sober, but he did
not care to serve that class of women. He had to turn her out of the
house. He asked her to go several times, but she would not. After she
got outside she picked up a stone and threw it through the window.
Superintendent Taylor said the defendant was a widow and a woman of
questionable character. Her husband died in the Workhouse, where she at
present had a large family. One of the Magistrates on the Bench
(referring to Mr. Holden, as Chairman of the Elham Board of Guardians)
could probably tell them more about the woman.
She was fined 1s., 3s. 6d. damages, and 4s. 6d. costs. In default of
payment she was sent to prison for seven days' hard labour.
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Folkestone Express 25 April 1891.
Saturday, April 18th: Before The Mayor, Aldermen Dunk and Pledge, J.
Clark, J. Fitness and J. Holden Esqs.
Rose Hogben was charged with wilfully breaking a square of glass, value
3s. 6d., at the "British Colours," Bridge Street
(sic).
Richard Kennett said the defendant went to his house and asked for half
a pint of beer. He at first refused to serve her as he did not like
women of her class in his house, but afterwards he served her with the
beer. She was creating a disturbance, and he requested her to leave.
When she got outside she threw a stone through a window in the bar.
The defendant said the reason for her throwing the stone was that the
prosecutor encouraged other women, but was continually abusing her. It
transpired that the defendant is a widow, who has a family of children
in the workhouse.
She was fined 1s., and 3s. 6d. damage, and 4s. 6d. costs, or seven
days'.
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Sandgate Visitors' List 9 October 1891.
Local News.
Three privates of the Provisional Battalion, named Richard Thorpe,
Thomas Moore, and George Jackson, stationed at Shorncliffe, were charged
at the Folkestone Police Court on Monday with stealing £4 from the
person of Charles Port, a gardener, residing at Cheriton, on the
previous Friday. Prosecutor went into the "British Colours" beerhouse in
the afternoon, and there saw the three prisoners with two women. He got
into conversation with them, and treated them, paying for the liquor
with money which he took from his purse. He left the house about seven,
in company with one of the women, and they went up the Tram Road to the
Folly Fields. The prisoners followed them, and got hold of him, and
knocked him down, and Moore knelt on him and took the purse from his
pocket. He followed them, but they swore at him and threatened to do for
him. He gave information to the police, and afterwards identified the
prisoners at the Camp. The prisoners, who were also identified by other
people who were in the house, were committed for trial at the Quarter
Sessions.
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Folkestone Chronicle 10 October 1891.
Local News.
At the Folkestone Borough Police Court on Monday, before Captain Carter
and E. T. Ward Esq., three privates of the Liverpool Regiment, belonging
to the Provisional Battalion at Shorncliffe Camp, named Thorpe, Moore,
and Jackson, were charged with stealing a purse and the monies of
Charles Port, amounting to £4 on the 2nd inst.
Charles Port, gardener, residing at Cheriton, said:- On Friday I went to
the "British Colours" beerhouse about three o'clock in the afternoon. The
three prisoners were in the house. I conversed with them and stood
treat, but I don't know how much I paid for. I took my purse from my
trousers pocket. We were all together in the taproom. I left about seven
o'clock, and the prisoners remained in the house. There were some women
in the bar. One of them was named Back. A woman went with me from the
house to the Tram Road and on Folly Fields. I don't think I was drunk.
When in the fields the prisoners caught hold of me and threw me down,
and, I believe, Moore knelt on me and took the money from my left hand
trousers pocket. They then went away towards the Convalescent Home. I
followed them; they swore at me and threatened me, and I then went away.
I gave information to the police, and on Saturday morning met Sergeant
Lilley at Shorncliffe Camp. I recognised Jackson and the other prisoners
I saw in the afternoon paraded in the Guardroom. My purse contained
three half sovereigns, one sovereign, two 5s. pieces, a 4s. piece, and
other silver.
Henry Betts, painter, Alexandra Mews, said: I saw the prosecutor at the
"British Colours" on Thursday, but not the next day. I saw the prisoners
Thorpe and Moore there between six and seven o'clock. There were two
women there. I know them. One is called Dunn, and the other I have heard
called Phoebe. Port treated the man to a quart of ale, and he showed
some money, and remarked on the difference between a 5s. and 4s. piece.
They all went out together.
Eliza Kennett, landlady of the "British Colours," said the prisoners were
in the house on Friday till seven o'clock. Charles Port was there during
the time, and the women named Back and Dunn were present. I saw Jackson
there, and the witness Petts was there on Friday, as well as Thursday.
He is a daily visitor.
Richard Kennett, landlord of the "British Colours" said he got home on
Friday about six o'clock, and saw prisoners in the bar, and two females.
They were talking to Port. Mrs. Dunn went with him when he left the
house. The soldiers left a few minutes afterwards.
Annie Dunn, wife of Stephen Dunn, boatman, 37, Mill Bay, said: I went to
the beerhouse with Phoebe Back in the evening. I saw prosecutor there. I
did not know him before. He treated three soldiers as well as us. He
opened his purse. I saw he had a lot of money, and told him to be
careful of it. I went up Dover Street with Port to the Folly Fields. I
can't tell you for certain which way I went. I had had a glass or two,
and it affects my head. I saw three soldiers behind us, and I went away
at once, frightened, and went straight home by the Tram Road.
Police Sergeant Lilley said he went on Saturday to Seabrook and met the
prisoners Thorpe and Moore and arrested them. He found on Thorpe 18s.
and a purse. On Moore he found 21s. He took them to the Provisional
Battalion guardroom at Shorncliffe, where prosecutor identified the
prisoners. He brought them to Folkestone, and on searching Jackson found
6d. on him.
In answer to the charge, Thorpe and Moore said they wished to call the
other woman who was in the house. Moore said the money he had was the
property of their kit.
Phoebe Back was called, and said she was a charwoman, living at 37, Mill
Bay.
In answer to Thorpe, she said she was drinking with him.
In answer to Moore, she said that he might have paid for some beer. The
prosecutor did not hand his purse to the other female. He dropped a 4s.
piece and she picked it up. She did not beckon Moore to come with her;
she went home.
Committed for trial at the Quarter Sessions, which will take place on
Monday next.
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Folkestone Express 10 October 1891.
Monday, October 5th: Before Captain Carter and E. T. Ward Esq.
Robert Thorpe, Thomas Moore, and George Jackson, privates in the
Provisional Battalion at Shorncliffe, were charged with stealing £4 from
the person of Charles Port on the 2nd October.
Charles Port, a gardener, residing at Cheriton, said on Saturday
afternoon he went to the "British Colours" beerhouse. The three privates
were in the house. He got into conversation with them and treated them,
but did not know to how much. He paid for the beer with the money he had
in his purse, which he took from his trousers pocket. He left the house
about seven, the prisoners still being in the house, and there were some
women in the house when he left, and one of them went out with him and
they went up the Tram Road to Folly Fields together. Whilst in Folly
Fields the prisoners came up and caught hold of him and threw him down,
and Moore knelt on him and took his purse from his left hand trousers
pocket. After taking the purse they went in the direction of the Tram
Road and across to the East Cliff. He followed them to near the
Convalescent Home, when the prisoners swore at him and threatened him.
He afterwards gave information to the police, and on Saturday he went
with Sergeant Lilley to the Camp, and there he identified the prisoner
Jackson, and in the afternoon he identified the other two, who were
paraded with others in the guardroom. The prisoner produced three half
sovereigns, one sovereign, two 5s. pieces, one 4s. piece, and other
silver.
Henry Betts, a painter, living at Alexandra Mews, said he saw the
prosecutor for the first time in his life on Thursday last at the
"British Colours." He recognised Thorpe and Moore as having been in the
house between six and seven, and there were two women in the taproom,
one being named Gunn, but did not know the name of the other woman.
Whilst in the house Port treated the soldiers to a quart of ale.
Eliza Kennett, wife of the landlord of the "British Colours," Beach
Street, recognised the prisoners as having been in the house on Friday,
and staying until about seven o'clock. During the time they were there
Charles Port went to the house, and whilst he was there the two women
named Dunn and Back came in.
Richard Woodland Kennett, landlord of the "British Colours," said he
returned home on Friday afternoon, when he saw Betts, Port, the three
prisoners, and two females, who were talking to Port, who left the house
about a quarter to seven with Mrs. Dunn The prisoners left the house a
few minutes after.
Annie Dunn, wife of Stephen Dunn, a boatman, of 37, Mill Bay, said she
was in the "British Colours" on Friday evening with Phoebe Back. She went
into the bar and saw prosecutor there with Betts. He treated her and
Back, and the three soldiers. He opened his purse and she saw he had a
lot of money, and told him to be careful of it. She left the house with
Port and went up Dover Street with him to the Folly Fields, but she did
not know which way they went, as she had had a glass or two. After they
got into the Folly Fields she heard someone behind, and on looking round
saw three soldiers. She did not see them do anything to Port as she went
straight home as she was afraid of getting into a bother.
P.S. Lilley said on Saturday he went near to the "Seabrook Hotel," where
he met the two prisoners, Thorpe and Moore. He arrested them, and told
them they would be charged in connection with another man with
assaulting and robbing a man named Charles Port. Moore said “All right, we'll come with you”. Two military police came up, and with their
assistance he took them to the Seabrook Police Station and searched
them. He found on Thorpe 18s., and on Moore 21s. He afterwards took them
to the guardroom of the Provisional Battalion, where they were stripped
of their greatcoats and red serge jackets, and dressed in blur serge and
placed with Jackson and several others. The prosecutor at once
identified Thorpe and Jackson, and, after some hesitation, identified
Moore. He the brought the three prisoners to Folkestone and searched
Jackson, and found 6d. on him.
Moore said the money found upon him and Thorpe was the property of their
kit, which was sold.
Phoebe Back, a charwoman, of 37, Mill Bay, was called by the prisoners
and said she was not dinking with Thorpe, neither did he pay for any
beer. She did not see the prosecutor hand his purse to the other female.
The Bench committed the prisoners for trial at the Quarter Sessions.
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Folkestone Visitors' List 14 October 1891.
Quarter Sessions.
The Quarter Sessions on Monday occupied seven hours – an unusual time
for Folkestone.
Robert Thorpe, Thomas Moore, and George Jackson, three private soldiers
belonging to the Provisional Battalion stationed at Shorncliffe, pleaded
Not Guilty to stealing from the person of Charles Port a purse
containing £3 4s. on the 2nd of October.
The evidence adduced stated that the parties were drinking together at
the "British Colours" beerhouse, that the prosecutor went from there at
seven o'clock in the evening to the Folly Fields with a woman, and that
the prisoners followed them, threw the prosecutor down on the ground,
and took the purse out of his pocket.
Port could only identify the prisoner Moore as one of the soldiers in
the Folly Fields.
The jury found Moore Guilty, and acquitted Thorpe and Jackson for want
of sufficient evidence.
The learned Recorder, addressing the latter, said they had had a very
narrow escape.
Moore, who received a very bad character, was sentenced to nine months'
imprisonment, the Recorder telling him that if he ever came before him
again he would receive a long term of imprisonment.
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Sandgate Visitors' List 16 October 1891.
Quarter Sessions.
Monday: Before J. C. Lewis Coward Esq.
Robert Thorpe, Thomas Moore, and George Jackson, privates in the
Provisional Battalion, stationed at Shorncliffe, were brought up to
answer the charge of stealing a purse containing £4 from the person of
Charles Port, residing at Cheriton. The prisoners, who were only
committed for trial on the 5th inst., followed prosecutor from the
"British Colours" public house, Beach Street, Folkestone, to the Folly
Fields, where they knocked him down and took the purse from him. The
prisoner Moore was found Guilty, but there was not sufficient evidence
to convict the other two. An officer of the Provisional Battalion gave
Moore an extremely bad character. In June last he was tried by District
Court Martial for receiving goods knowing them to have been stolen, and
he had been convicted of assaulting a constable. There was also a long
list of military crimes.
Prisoner was sentenced to nine months' hard labour, the Recorder telling
him that unless he checked his evil course he would find himself
undergoing a long term of imprisonment.
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Folkestone Chronicle 17 October 1891.
Quarter Sessions.
Monday, 12th October: Before J. C. Lewis Coward Esq.
True bills were returned against Robert Sharpe, 21, Thomas Moore, 21,
and George Jackson, 20, soldiers, belonging to the Provisional Battalion
at Shorncliffe Camp, who were charged with stealing a purse containing
£3 4s. from the person of Charles Port on the 2nd of October.
The evidence was given fully in our columns last week, and it will be
remembered that the prosecutor went to the "British Colours" about three o'clock on the afternoon of the 2nd inst., and saw the three prisoners
in the bar. He had a conversation with them, and left about seven
o'clock in company with a woman named Dunn. Whilst crossing the Folly
Fields the prosecutor was attacked from behind by some soldiers, who
wore greatcoats similar to the men who were at the "British Colours."
Moore knelt on him and took the purse out of his left hand pocket. That
was the only man Port could identify. The prisoners Thorpe and Jackson
were arrested at Seabrook by Sergeant Lilley the next day. He told them
they would be charged in connection with another man with assaulting and
robbing Charles Port. Moore replied “All right, we'll go with you”. They
were taken to the Seabrook station and searched. He found 18s. on
Thorpe, and 21s. on Moore.
Evidence was given by Henry Betts, Eliza Kennett and Richard W. Kennett,
who saw the prisoners in the "British Colours," and also the woman Dunn,
who left with the prisoner. The latter, however, stated that she ran
away immediately Port was attacked, and, being short sighted, could not
recognise the prisoners.
Sergeant Jackson, of the Provisional Battalion, stated that the prisoner
Moore was absent without leave on the day in question, and had made away
with a portion of his kit.
Mr. Hume Williams prosecuted, and Mr. T. Matthew watched the case on
behalf of the prisoners, and the jury, after a short deliberation,
returned a verdict of Not Guilty against Thorpe and Jackson, and Guilty
against Moore.
Captain Campbell stated that the prisoner Moore had been in his company
of the Provisional Battalion about one year, and had borne a very bad
character. He had been convicted for receiving stolen goods, the
property of a comrade, and for assaulting a constable.
The prisoners Jackson and Thorpe were then discharged, and Moore was
sentenced to nine months' hard labour.
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Folkestone Express 17 October 1891.
Quarter Sessions.
Monday, October 11th: Before John Charles Lewis Coward Esq.
Robert Thorpe, 21, Thomas Moore, 21, and George Jackson, 20, soldiers in
the Provisional Battalion, were charged with stealing a purse containing
£3 4s., from the person of Charles Port on the 2nd October.
Mr. Hume Williams prosecuted, and Mr. Matthews was asked by the Recorder
to watch the case on behalf of the prisoners.
The case was fully reported in our columns last week.
The prosecutor went to the "British Colours" in Beach Street, where he met
the prisoners. He unwisely showed the contents of his purse. He paid for
some beer for them, and left the house with a female. They went to the
Folly Fields. Prisoners followed them, one of them knocked Port down,
one knelt on him, and another stole his purse from his pocket, and then
made off. Port subsequently went to the Camp and identified the
prisoners.
P.S. Lilley said on Saturday he went near the "Seabrook Hotel," where he
met the two prisoners, Thorpe and Moore. He arrested them and told them
they would be charged in connection with another man with assaulting and
robbing a man named Charles Port. Moore said “All right, we'll go with
you”. He took them to the Seabrook police station and searched them. He
found on Thorpes 18s., and on Moore 21s. He afterwards took them to the
guardroom of the Provisional Battalion, where they were stripped of
their greatcoats and red serge jackets, and dressed in blue serge, and
placed with Jackson and several others. The prosecutor at once
identified Thorpe and Jackson, and after some hesitation, Moore. He then
brought the three prisoners to Folkestone and searched Jackson, and
found 6d. on him.
After a few minutes deliberation, the jury returned a verdict of Guilty
against Moore, but said there was not sufficient evidence to convict
Thorpe and Jackson.
Captain Campbell said that since Moore had been in the regiment he had
borne an extremely bad character. On the 11th June, 1891, he was tried
by the District Court Martial for receiving goods knowing them to have
been stolen. He had also been convicted for assaulting a constable.
Witness here handed the Recorder a list of prisoner's offences.
The Recorder, addressing the prisoner, said that there was a long record
of crime against him, and unless he checked his evil course he would
find himself undergoing a long term of imprisonment. The sentence that
he would pass upon him would be that he be imprisoned with hard labour
for nine calendar months.
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Folkestone Herald 17 October 1891.
Quarter Sessions.
Monday, October 12th:
Robert Thorpe, 21, Thomas Moore, 21, and George Jackson, 20, soldiers in
the Provisional Battalion, were charged with stealing a purse containing
£3 4s. from the person of Charles Port on the 2nd of October.
A verdict of Guilty was returned against prisoner Moore, who was
sentenced to nine months' imprisonment with hard labour.
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Folkestone Chronicle 5 December 1891.
Wednesday, December 2nd: Before J. Holden and J. Fitness Esqs.
Two men, named Lacey and Keates, were charged with assaulting William
Moore, and stealing £12 from his person on the previous night.
William Moore, a discharged soldier from the 1st Dragoons, said he left
the Regiment last October. A fortnight ago he drew £29 at Dover as
deferred pay. He lived in Bridge Street, Dover, and on Tuesday afternoon
he went to Folkestone. At one o'clock he went to the "British Colours,"
where he found the two prisoners and another man, not present. He
treated the men with some drink. Witness went out during the afternoon.
He returned to the "British Colours" at eight o'clock and left with the
prisoners at eleven. Keates asked him to go to his stable to look at a
horse he was going to exchange. He went to the stable in Mill Bay with
them. He did not want to go, but he was dragged there by Keates and the
man not in custody. When they got him into the stable they threw him
down and stole £10 from his belt, and about £2 from his pockets. There
was a candle burning in the stable, but it was put out after he got
there. He tried to resist the prisoners, but it was useless, as there
were three to one. Witness had had a drop of drink. After they had
committed the robbery they went away, and witness gave information to
the police. He went back to the stable with P.S. Swift and found Lacey
there.
Police Sergeant Swift said he was on duty in High Street on Tuesday
night, and, in consequence of what the prosecutor told him, he went to
the stable in Mill Bay. He found Lacey sleeping there. Prosecutor said
he was one of the men who robbed him, and witness told him he would be
charged with robbing and assaulting Moore. He replied “Me? You have made
a mistake”. When charged at the police station he replied “Who else is
going to be charged with me?” At quarter past eight that morning he was
near the "British Colours" with the prosecutor and saw Keates leave.
Prosecutor said “That's the man who took me down to the stables”. Keates,
seeing witness going towards him, ran off. Witness pursued him and
caught him at No. 8, Mill Bay. He took him to the police station, where
he said to the prosecutor “You know who you were with”. Witness searched
both prisoners. He found 1s. 2½d. on Lacey, and 2s. 4d. on Keates.
The case was remanded.
|
Folkestone Chronicle 13 August 1892.
Wednesday, 10th August: Before Mr. J. Fitness and Alderman Pledge.
R. W. Kennett, landlord of the "British Colours" public house, Harbour
Street, was charged with allowing his house to be the resort of
prostitutes on the 31st July.
P.S. Lilley deposed to watching the house on the 26th, 27th, 29th, 30th
and 31st July, and on each occasion he saw several prostitutes enter the
house and stay there a considerable time. He saw women named Rye, Gower,
Sandford, Rogers, and Reed enter the house and leave with soldiers
several times. At 9.55 on Sunday the 31st ult., he entered the house
accompanied by Swift. He then found Sandford, Rye and Gower drinking in
front of the bar. Swift asked Kennett if he knew they were prostitutes,
and he replied “No, not particularly”.
Sergeant Swift corroborated the above statement.
In defence Kennett said there was no immorality going on in the house to
his knowledge! Soldiers came in and drank what they ordered, and left in
the ordinary course.
Mrs. Kennett gave evidence showing that the women named did not remain
in the house an inordinate length of time on any one occasion.
In reply to the Bench, Superintendent Taylor said the general character
of the house was bad. It was a frequent resort of women of that class,
and disturbances were continually occurring there. The house was the
cause of much trouble to both the civil and military police. Last
October a case at the house resulted in three men being sent for trial,
and on that occasion he told Kennett to exercise more care in the
future.
The Bench were quite satisfied that the defendant knew the character of
the women. Therefore they would impose such a fine as would teach him
that he could not do that sort of thing in Folkestone with impunity. The
fine would be £5, and 11s. costs. The licence would also be endorsed.
|
Folkestone Express 13 August 1892.
Wednesday, August 10th: Before J. Fitness and Alderman Pledge.
Richard William Kennett, landlord of the "British Colours," was charged
with harbouring prostitutes on the 31st July. He pleaded Not Guilty.
Sergeant Lilley said on Monday, the 25th July, at 10.45, he watched the
defendant's house, and at 11.0, two prostitutes, named Rye and Rogers,
left and went up Dover Street with three soldiers. On Tuesday the 26th
he watched the house from ten minutes past ten, and at 25 minutes to
eleven Rye went in, and at a quarter to eleven a woman named Read, a
flower hawker, came out with two artillerymen, drunk. At five minutes to
eleven Rogers came out and went away with a soldier. At eleven Rye and
Brown came out with two soldiers, having been in the house since ten
minutes past ten. On Wednesday he watched from 10.15, and at five
minutes past eleven Rye and Rogers came out and went away with two
soldiers. On Friday the 29th he watched from 10.15, and at eleven
o'clock Rogers came out and went away with a soldier, followed shortly
by Rye alone. On Saturday he watched from ten o'clock, and at 10.15 two
prostitutes, named Gower and Sandford, came out and went away with two
soldiers. At 10.20 Brown came out with five soldiers, and went in again
twice before 10.40. On Sunday the 31st he watched from 9.15 p.m., and at
9.20 Rye came out with three soliers; at 9.35 Gower and Sandford went in
with two soldiers, and at 9.45 Rye went in again with two soldiers. At
9.55, in company with Sergeant Swift, he visited the house, and found
there Sandford, Rye and Gower in front of the bar, drinking, the bar
being full of soldiers. The women were pointed out to the landlord by
Sergeant Swift, and he was asked if he knew them. He said “No, not
particularly”. They were known to him as prostitutes, more or less.
Sergeant Swift gave evidence of a similar character.
Defendant said the women came in and had something to drink, and went
out. He desired to conduct the house respectably. There were no improper
proceedings allowed in the house.
Eliza Kennett, defendant's wife, said she was in the bar on Sunday night
when the women came in with two corporals. They were served and were
peaceable and orderly. One woman was a perfect stranger to her. They had
a quarter of “Shandygaff” and had not drank it all when the police
entered. Rye was not served at all.
Defendant said all he could say was that the women went in and out the
same as they did in all other houses in the town.
Superintendent Taylor said the general character of the house was bad.
There were continual disturbances, and the house was a trouble both to
the civil and military police. There had been a prosecution at the
Quarter Sessions arising out of an occurrence there. At that time he
cautioned the defendant.
The Bench fined the defendant £5 and 11s. costs, as a caution to him and
others that they could not do that kind of thing with impunity. They
also ordered the licence to be endorsed.
|
Folkestone Chronicle 20 August 1892.
Wednesday, August 17th: Before Major H. W. Poole and Mr. J. Holden.
Mr. Walter Jeffrey (sic Jefford) made application for the transfer of the
licence of the "British Colours" to himself from Mr. Kennett.
Mr. Hall appeared for the applicant, and the transfer was granted.
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Folkestone Express 20 August 1892.
Wednesday, August 17th: Before H. W. Poole and J. Holden Esqs.
The licence of the "British Colours" was temporarily transferred to Walter
Jeffrey. (sic Jefford) Mr. F. Hall appeared for the applicant.
|
Folkestone Chronicle 17 September 1892.
Wednesday, September 14th: Before The Mayor, Alderman Banks, and Messrs.
Brooke, Wightwick, and Herbert.
Mr. Haines made an application for the transfer of the licence of the
"British Colours" public house to his client, Mr. Walter Gifford.
(sic Jefford) He
stated that Gifford had had temporary permit to draw for the last month,
and he now asked that the licence might be transferred to him.
The licence was granted.
Mr. Wightwick: I hope you will conduct this house better than the former
tenant did.
Applicant: I will try, sir.
|
Folkestone Express 17 September 1892.
Wednesday, September 14th: Before The Mayor, Alderman Banks, W.
Wightwick, W. G. Herbert, and J. Brooke Esqs.
Mr. Haines applied for a temporary transfer of the licence of the
British Colours to Mr. Walter Giffors. (sic
Jefford) Granted, and Mr. Wightwick
expressed a hope that the house would be conducted better than it was by
the last tenant.
|
Folkestone Herald 17 September 1892.
Police Court Jottings.
The "British Colours" – the public house of that name – has got itself
into rather disrepute of late years, engaging the attention of the
police more than has been considered by the Authorities to be
justifiable. The licence, however, was on Wednesday last transferred
from the former tenant to Mr. Gifford, whom the Magistrates – the Mayor,
Messrs. Clarke, Herbert, Wightwick and Banks – expressed the hope would
endeavour to improve the general tone of it's conduct.
|
Folkestone Chronicle 1 October 1892.
Adjourned Licensing Session.
The Adjourned Licensing Session for the Borough was held at the police
Court on Wednesday morning, on which occasion considerable interest was
evinced in the proceedings by reason of the fact that the renewal of the
licenses of several well known and old established houses in the town
was opposed by the Superintendent of Police, acting under the direction
of the Licensing Committee of the Bench.
The Magistrates present were Mr. J. Clarke, Alderman Pledge, Councillor
Holden, and Messrs. H. W. Poole and J. Wightwick.
Mr. Martyn Mowll, of Dover, appeared to support the objections of the
police, and Mr. J. Minter and Mr. Hall, severally, appeared on behalf of
the claimants.
At the opening of the Court, the Chairman said, before the business
commenced he wished to make one announcement. It referred to something
which had been done in other towns, and which the Committee thought it
best to do in Folkestone. It was the opinion of the Committee that there
were too many licensed houses in Folkestone, and they therefore
suggested that the owners of the houses should talk the matter over
amongst themselves, and agree as to which houses it would be best to
close. If nothing was done before the next Licensing Session, the
Committee would be obliged to suppress some of the licensed houses
themselves. But if the owners would talk the matter over amongst
themselves and agree upon the houses to be closed it would save a great
difficulty.
The renewals of the British Colours, Harbour Street, to J. Gifford
(sic Jefford), and the Granville, Dover Street, to Thomas Mitchell, were
granted.
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Folkestone Express 1 October 1892.
Wednesday, September 28th: Before J. Clark, J. Holden, W. Wightwick, H. W.
Poole, and J. Pledge Esqs.
This was the adjourned licensing day, and Mr. J. Clark said: Before the
business commences I want to make an announcement. It has been done in
other places, and we consider the same should be done here. It is the
unanimous opinion of the licensing committee that there are far too many
licensed houses in Folkestone, and they would suggest to the owners of
houses that they should talk it over amongst themselves and agree as to
which houses it would be best to drop. If nothing is done between now
and next licensing day, the magistrates will be obliged to suppress some
of the houses in the town. So if the owners would talk it over among
themselves which houses it would be best to drop, it would save us great
difficulty.
The "British Colours."
The licence of this house was renewed to Mr. Walter Jefford, he being a
new tenant, and the Superintendent saying the house was well conducted.
|
Folkestone Express 4 March 1893.
Wednesday, March 1st: Before H.W. Poole, W.J. Herbert and W. Wightwick
Esqs.
The licence of the "British Colours" was transferred to Charles Gatley.
|
Folkestone Chronicle 16 September 1893.
Local News.
Not many hours had elapsed since the Town Hall was occupied by a gay and
brilliant company who were enjoying the pleasures of the terpsichorean
art, when a gathering of a very different nature took place within it's
walls at eleven o'clock on Wednesday morning. In the short space which
had elapsed the Hall had been denuded of all it's tasty decorations and
luxurious appointments, and had put on it's everyday appearance for the
transaction of the business of the Special Licensing Session, which had
been appointed for the purpose of dealing with the licenses to which
notice of opposition had been given by the police.
At the end of the Hall, backed by high red baize screens, raised seats
had been arranged for the accommodation of the Licensing Justices. Here
at eleven o'clock the chair was taken by Mr. J. Clark, ho was
accompanied on the Bench by Alderman Pledge, Messrs. Holden, Hoad,
Fitness, Davey, Poole, and Herbert.
Immediately in front of the Bench were tables for the accommodation of
Counsel and other members of the legal profession, while in close
proximity were seats for Borough Magistrates who were not members of the
Licensing Committee, and for the brewers and agents interested in the
cases that were to occupy the attention of the Bench. The body of the
Hall was well filled with members of the trade and the general public,
whilst there was quite an array of members of the police force who were
present to give evidence.
Objection to a Temperance Magistrate.
Mr. Glyn, barrister, who, with Mr. Bodkin, appeared in support of the
opposed licenses, made an objection at the outset against Mr. Holden
occupying a seat on the Bench. Mr. M. Bradley (solicitor, Dover), who
appeared on behalf of the Temperance Societies, rose to address the
Bench on the point, but an objection was taken on the ground that he had
no locus standi. The Magistrates retired to consider this matter, and on
their return to the court they were not accompanied by Mr. Holden, whose
place on the Committee was taken by Mr, Pursey.
Mr. Glyn's Opening.
Mr. Glyn said he had consulted with the Superintendent of Police, and
had agreed to take first the case of the "Queen's Head." He accordingly
had to apply for the renewal of the licence. The "Queen's Head" was
probably known by all the gentlemen on the Bench as an excellent house.
The licence had been held for a considerable number of years, and the
present tenant had had it since 1889. It was a valuable property, worth
some £1,500, and the tenant had paid no less than £305 valuation on
entering the house. He need hardly tell the Bench that the licence was
granted a great many years ago by their predecessors, and it had been
renewed from time to time until the present. The Superintendent of
Police was now objecting on the ground that it was not required, and
that it was kept disorderly. With regard to the objection of the
Superintendent to all these licenses, he (Mr. Glyn) thought he would
admit when he went into the box that it was not an objection he was
making on his own grounds, but an objection made in pursuance of
instructions received from some of the members of the Licensing
Committee. Of course a very nice question might arise as to whether
under the circumstances the requirements of the section had been
complied with, and as to the Superintendent acting, if he might say so,
as agent for some of the justices had no locus standi at all to oppose
these licenses. The Superintendent of Police, in his report, states that
he raised these objections “in pursuance of instructions received from
the Magistrates”. Therefore, those gentlemen who gave those instructions
were really in this position: That having themselves directed an enquiry
they proposed to sit and adjudicate upon it. He knew there was not a
single member of that Bench who would desire to adjudicate upon any case
which he had pre-judged by directing that the case should be brought
before him for that particular purpose, and he only drew their attention
to the matter. He did not suppose it would be the least bit necessary to
enquire into it, because he felt perfectly sure, on the grounds he was
going to put before the Bench, that they would not refuse to renew any
one of these licenses. But he thought it right to put these facts before
them, in order, when they retired, that they might consider exactly what
their position was.
There was another thing, and it applied to all these applications. There
was not a single ratepayer in the whole of this borough who had been
found to oppose the renewal of any of the licenses. The first ground of
objection was that the licenses were not required. He repeated that no
ratepayer could be found who was prepared to come before the Bench and
raise such a point. No notice had been given by anybody except by the
Superintendent, who had given it acting upon the instructions of the
Bench.
He understood that even the Watch Committee, which body one generally
thought would be expected to get the ball rolling, had declined to have
anything to do with the matter, and had declined to sanction any legal
advice for the purpose of depriving his clients of what was undoubtedly
their property. He ventured to say, with some little experience of these
matters, that there never was a case where licenses were taken away on
the ground that they were not required, simply because some of the
learned Magistrates thought the matter ought to be brought before them,
without any single member of the public raising any objection to any of
the licenses, and the Watch Committee not only keeping perfectly quiet,
but declining to enter into the contest.
He was dealing with the case of the "Queen's Head," but his remarks would
also apply to the others, with the exception of the cases of three
beer-houses, the licenses of which were granted before the passing of
the 1869 Act, and his client was, therefore, absolutely entitled to a
renewal. With regard to the other licenses, they were granted a great
many years ago. Although at that time the population of the Borough was
about half of what it is now the Magistrates thought they were required
then. They had been renewed from time to time since then, and were the
Magistrates really to say that licenses which were required for a
population of 12,000 were not necessary for a population of 25,000? He
ventured to say, if such an argument were raised by the other side, that
it was an absurdity. He should ask the Bench to consider first, and if
they formed an opinion on it it would save time, whether having regard
to the fact that all the licenses were granted a great many years ago
when the population was nothing what like it is now, and also that there
had not been a single conviction since the renewals last year. They were
prepared to refuse the renewal of any of the licenses. He asked them to
decide upon that point, because it decided the whole thing.
Some of the objections were only raised on the ground that the licenses
were not required; others referred to the fact that there had been
previous convictions, or that the houses had been kept in a disorderly
manner. With regard to any conviction before the date of the last
renewal he contended that the Bench had, by making the renewal, condoned
any previous offence. In not one single instance had there been a
conviction during the past year in respect of one of the houses for
which he asked for a renewal, and he ventured to put to the Bench what
he understood to be an elementary principle of British justice, that
they would not deprive the owner of his property simply because it was
suggested that the house had not been properly conducted, and where that
owner had never had an opportunity of appearing before the Bench in
answer to any charge which had been brought against his tenant. He
challenged anybody to show that there was a single case in any Bench
where a license had been taken away after renewal without there being a
criminal charge made against that house, but only a general charge to
the Licensing Committee.
Mr. Bodkin, who followed, reminded the Bench of their legal position
with regard to the renewal of licenses, and quoted the judgement of Lord
Halsbury in the case of Sharpe v Wakefield, in which he said in cases
where a licence had already been granted, unless some change during the
year was proved, they started with the fact that such topics as the
requirements of the neighbourhood had already been considered, and one
would not expect that those topics would be likely to be re-opened.
Continuing, Mr. Bodkin said that was exactly the position they were in
that morning. There had been no change with respect to these houses
except that Folkestone had increased in population, and there had been
an absence of any legal proceedings against any of the persons keeping
these houses. He ventured to say it would be inopportune at the present
time to take away licenses where they found the change had been in
favour of renewing them.
Mr. Minter said he appeared for the tenants of the houses, and he
endorsed everything that had fallen from his two learned friends, who
had been addressing them on behalf of the owners. Mr. Glyn referred to
the population having increased twofold since the licenses were granted,
and he (Mr. Minter) would point out that while the population had
increased no new licenses had been granted for the past twelve years.
Mr. Minter then referred to the fact that there was not a single record
on the licenses of any one of the tenants. Was there any argument he
could use stronger than that? As to the objection that the houses were
not required for the public accommodation, he was prepared to show, by
distinct evidence, that each tenant had been doing a thriving business
for the last four or five years, and that it did not decrease. How was
it possible, in the face of that, to say they were not required for the
public accommodation?
Mr. Bradley then claimed the right to address the Bench on behalf of the
Temperance Societies, but an objection was raised by his legal opponents
that he had no locus standi, as he had given no notice of his intention
to appear, and this contention was upheld by the Bench.
The Bench then retired for a consultation with their Clerk on the points
raised in the opening, and on their return to the Court the Chairman
said the Magistrates had decided where there were allegations of
disorderly conduct the cases must be limited to during the year, and no
cases prior to the licensing meeting last year would be gone into. They
thought it was right that the Superintendent should state the cases that
they might be gone into, and that the Bench might know what the
objections were.
Beer Houses.
With regard to the "British Colours," "Cinque Ports" and the
"Wonder"
beer-houses, Mr. Glyn said they existed before 1869, and no objection
could be made unless it was suggested that there had been impropriety.
Evidence as to the dates of the existence of the licenses was given by
Mr. F. Nops, Supervisor of the Inland Revenue, and the matter was not
gone further into.
A Doctrine Of Confiscation.
This concluded the list of objections, and Mr. Glyn addressed the Bench,
saying the result of the proceedings was that with regard to all the
houses, except the "Tramway," there was no serious charge of any kind. As
to the "Tramway," he challenged anybody to show that any Bench of Justices
had ever refused to grant licenses unless the landlords had had notices,
or unless there had been a summons and a conviction against the tenant
since the last renewal. With regard to the other houses the only
question was whether they were wanted or not. Superintendent Taylor,
who, he must say, had conducted the cases most fairly and most ably, had
picked out certain houses, and he asked the Bench to deprive the owners
of their property and the tenants of their interest in respect of those
houses, while the other houses were to remain. How on earth were the
Bench to draw the line? There were seven houses in one street, and the
Superintendent objected to four, leaving the other three. In respect to
one of these there had been a conviction, and in respect of the others
none. Why was the owner of one particular house to keep his property,
and the others to be deprived of theirs? Mr. Glyn enforced some of his
previous arguments, and said if the Bench deprived his clients of their
property on the grounds that had been put forward they would be adopting
a doctrine of confiscation, and setting an example to other Benches in
the county to do the same.
The Decision.
The Bench adjourned for an hour, and on their return to the Court the
Chairman announced that the Magistrates had come to the decision that
all the licenses would be granted with the exception of that of the
"Tramway Tavern."
Mr. Glyn thanked the Bench for the careful attention they had given to
the cases, and asked whether, in the event of the owners of the "Tramway
Tavern" wishing to appeal, the Magistrates' Clerk would accept service.
Mr. Bradley: Yes.
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Folkestone Express 16 September 1893.
Adjourned Licensing Session.
The special sitting for the hearing of those applications for renewals
to which the Superintendent of Police had give notice of opposition was
held on Wednesday. The Magistrates present were Messrs. J. Clark, J.
Hoad, W. H. Poole, W. G. Herbert, J. Fitness, J. R. Davy, J. Holden, C. J.
Pursey and J. Pledge.
Mr. Lewis Glyn and Mr. Bodkin supported the applications on behalf of
the owners, instructed by Messrs. Mowll and Mowll, with whom were Mr.
Minter, Mr. F. Hall, and Mr. Mercer (Canterbury), and Mr. Montagu
Bradley (Dover) opposed on behalf of the Good Templars.
Before the business commenced, Mr. Bradley handed to Mr. Holden a
document, which he carefully perused, and then handed to Mr. J. Clark,
the Chairman.
Mr. Glyn, who appeared for the applicants, speaking in a very low tone,
made an application to the Bench, the effect of which was understood to
be that the Justices should retire to consider the document. The
Justices did retire, and on their return Mr. Holden was not among them.
Mr. Glyn then rose to address the Bench. He said he would first make
formal application for the renewal of the licence of the "Queen's Head."
It was known to all the gentlemen on the Bench as an excellent house,
and the licence had been held for a considerable number of years. The
present tenant had held it since 1887; it's value was £1,500, and the
present tenant had paid no less than £305 for valuation for going into
the house. The licence was granted a great many years ago, and had been
renewed from time to time. The Superintendent of Police now opposed on
the ground that it was no longer required and was kept in a disorderly
manner. First, with regard to the objections of the Superintendent, he
thought he would admit when he came into the box that it was not he who
was making the objections to all those licenses, but that they were made
in consequence of instructions received from some members of the
Licensing Committee. Of course in his view, and in their view, a very
serious question might arise, whether the Licensing Committee had any
locus standi. His general observations in that case would apply to all
the cases. The Superintendent, in raising those objections, was acting
under instructions from the Licensing Magistrates, so that they were
really in this position, that they were sitting to adjudicate in a case
they themselves directed. He felt certain the Bench would not refuse to
renew one of those licenses, but he thought it right to put the facts
before them, in order that when they retired they might consider what
their position was. He also pointed out that there was not a single
ratepayer objecting to any of the renewals. The first ground of
objection was that the houses were not required. Before going further he
referred to the very important action of the Watch Committee, who were
the parties one would expect to put the law in action. But they declined
to have anything to do with it, and declined to sanction any legal
advice to the Superintendent for the purpose of depriving his clients of
what undoubtedly was their property. He ventured to think that in all
his large experience in these matters that there never was a case where
a licence was taken away simply because it was not required, or simply
because some of the learned Magistrates thought it ought to be done and
instructed the Superintendent to raise objections. There were two or
three of the houses existing before 1869, and therefore his clients were
entitled to a renewal of their licenses, there having been no
convictions against them during the year. With regard to the other
licenses, they were granted a great many years ago, at a time when the
population of this borough was about half what it is now, and the
Magistrates then thought they were required. They had been renewed from
time to time by that body, and were they willing to say now that they
were not required, and deprive the owners and tenants of their property
and of their licenses? There was not a single Bench in the county,
which, up to the present time, had deprived any one tenant of his
licence and his property, simply because a suggestion had been made that
it was not required. There had been one case in the county two years
ago, but the party appealed to the Court of Quarter Sessions, and that
Court said the licence ought to be granted. It would be very unfair to
his clients, several of whom had spent large sums of money on their
property, to refuse a renewal of their licenses, especially having
regard to the fact that they were granted a great many years ago, and
against which there had not been a single conviction during the year. In
order to save time, he put two questions before the Magistrates:- first,
were they prepared to deprive the owners and tenants of their property,
and secondly, the licenses having all been renewed since any conviction
had taken place, were they prepared to deprive the owners of their
property without their having an opportunity and investigating the
charges brought against them. It would save a great deal of time if the
Bench would consider those two points.
Mr Bodkin followed with a few supplementary remarks. He referred to the
case of “Sharpe v Wakefield”, in which the decision had been given that
a licence, whether by way of renewal or whether it was an annual matter
to be considered year by year, and not renewed as of right. He quoted
from the remarks of Lord Halsbury, who seemed to consider that in
dealing with renewals they ought not to deal with them exactly in the
same way as in new applications. He dwelt upon the fact that last year
all the licenses were renewed, and that though no new licenses had been
granted for many years, the borough had increased in population, and
there had been an entire absence of legal proceedings against any of the
houses in the past year.
Mr. Minter, who appeared, he said, for the tenants, emphasised what had
fallen from the other two legal gentlemen, and said it would be
unnecessary for him to make any lengthy remarks. Mr. Glyn had referred
to the population having increased twofold since those licenses were
granted. There was another very important matter for consideration, and
it was this. That although the population had increased twofold since
the whole of those licenses were granted, during the last twelve years
no new licenses had been granted. Mr. Glyn had also referred to the
hardship on the owners if they lost their property, having regard to the
fact that there had been no conviction against the tenants during the
year, but in addition to that he desired to call attention to what was
the intention of the legislature. The legislature had provided that in
all cases where owners of licensed houses were brought before the Bench
and charged with any offence against the licensing laws, the Magistrates
had the power, if they deemed the offence was of sufficient importance,
to record that conviction on the licence. They could do that on a second
conviction, and on the third occasion the legislature said that the
licence should be gone altogether. He was happy to say there was no
record on any one of the licenses of the applicants, notwithstanding
that they might have been proceeded against and convicted before the
last annual licensing meeting. That showed they were of such trivial
account that the Magistrates considered, in the exercise of their
judgement, that it was not necessary to record it on the licence. Was
there any stronger argument to be used than that the Magistrates
themselves, although they felt bound to convict in certain cases, did
not record the conviction on the licence? He cordially agreed with the
suggestion of Mr. Glyn that the Magistrates should retire and consider
the suggestion he had made, and he thought they would come to the
conclusion that all the licenses should be renewed. There were cases
where the houses could claim renewals as a right, and in which he should
be able to show the licenses existed before 1869. That course would save
a great deal of time.
Mr. Montagu Bradley claimed to be heard on behalf of the Good Templars.
The Court held that Mr. Bradley had no locus standi, as he had not given
notice to the applicants that he was going to oppose.
Mr. Bradley thereupon withdrew.
The Magistrates again retired, and on their return the Chairman said the
Magistrates had decided that where it was a question of disorderly
conduct, it was to be limited to during the year just ended, and not to
go into questions prior to the annual licensing day of last year. They
thought it right that the cases should be gone into, in order that they
might know what the objections were.
Mr. Glyn enumerated the houses, and they were then gone into separately
in the following order:
The "British Colours."
Mr. Glyn said this was a house which had existed before 1869. There was
nothing against it.
Francis Nops, Supervisor of Inland Revenue, said the "British Colours,"
the "Cinque Ports," and the
"Wonder" were all licensed before 1869.
Superintendent Taylor said he proposed to give evidence as to disorderly
conduct at the "British Colours."
It was ruled that it could not be given.
Mr. Glyn then addressed the Bench on the whole of the cases, and urged
that no Bench had ever refused a licence where there had been no
complaint or conviction. He said the Superintendent had conducted the
cases ably and fairly, but he had picked out several houses and asked
the Bench to refuse licenses to them. How, he asked, could they do so?
It would be very nice for the owners of other houses, no doubt. He
emphasised his remarks that no Bench in the county had refused a licence
on the ground that it was not wanted. Nothing had occurred in the
neighbourhood to alter the position of things, yet Folkestone was asked,
as it were, to set an example to other boroughs in the county, and to
confiscate his clients' licenses, when there was no ground whatever for
that confiscation. It was not a small matter. It was not a question of
£15. The lowest value was put at £800. The ground of objection was
merely that the licenses were not wanted, although they had been in
existence many years, and the owners had spent large sums of money on
the houses on the faith of the licenses which the justices' predecessors
had granted, and which they themselves had renewed. The population had
largely increased, and the Magistrates had refused to grant fresh
licenses because they thought there were sufficient. He ventured to
submit that they would not do what other Benches had refused to do, and
deprive his clients of their property. They looked to the Magistrates to
protect their property and their interests. If there had been any strong
views in operation against the licenses among the public, it would be
different. But they had not expressed any such views. There was the
Watch Committee, the proper authority to raise those points, who had
declined to support the objection, which came from a member of their
body, who was not present, and who had not taken part in the
proceedings. He asked them, without any fear of the result, to say that
under all the circumstances they were not going to deprive his clients
of their licenses.
There was some applause when Mr. Glyn finished his speech.
The Justices then adjourned for an hour to consider all the cases.
On their return Mr. J. Clark, the Chairman, said: The Magistrates have
had this question under consideration, and they have come to the
decision that all the licenses be granted, with the exception of the
"Tramway Tavern." (Applause).
Mr. Glyn said he need hardly say they were much obliged to the Chairman
and his brother Magistrates for the care they had given the matter. With
regard to the "Tramway Tavern," he asked if they would allow him, in the
event of the owners deciding to appeal, which it was probable they would
do, to serve the notice on their Clerk.
Mr. Bradley said there was no objection to that.
Mr. Glyn said his friends felt they ought to acknowledge the very fair
manner in which Superintendent Taylor had conducted those proceedings.
The business then terminated.
|
Folkestone Herald 16 September 1893.
Editorial.
The large audience who crowded into the Licensing Justices' Court at the
Town Hall on Wednesday last were evidently representative of the
interests of the liquor trade in this Borough. Every stage of the
proceeding was watched with the closest attention, and it was impossible
not to recognise the prevalent feeling that a mistake had been committed
in objecting wholesale to the renewal of licenses. Thirteen houses in
all were objected to, but as two of them, through a technical point of
law, were entitled to a renewal, there remained eleven as to which the
Justices were asked to exercise their discretionary powers. In the
event, after a long hearing, and a weighty exposition of law and equity,
the decision of the tribunal resulted in the granting of ten of these
eleven licenses and the provisional extinction of one, as to which, no
doubt, there will be an appeal. As this journal is not an organ of the
trade, and as, on the other hand, it is not inspired by the
prohibitionists, we are in a position to review the proceedings from an
unprejudiced and dispassionate standpoint. At the outset, therefore, we
must express our disapproval of the manner in which the cases of those
thirteen houses have been brought up for judicial consideration. It was
rather unfortunate that a Magistrate who is so pronounced a Temperance
advocate as Mr. Holden should have taken a prominent part in having
those houses objected to. We say nothing of his official rights; we only
deprecate the manner in which he has exercised his discretion. We think
it likely to do more harm than good to the Temperance cause, inasmuch as
it savours of partiality if not persecution. We also think that Mr.
Holden would have done well not to have taken his seat on the Licensing
Bench. It would be impossible to persuade any licence holder that the
trade could find an unbiased judge in the person of a teetotal
Magistrate. Conversely, it would be impossible to persuade a Temperance
advocate that a brewer or a wine merchant could be capable of passing an
unbiased judgement upon any question involving the interests of those
engaged in the liquor traffic. The presence of Mr. Holden on the Bench
was not allowed to pass without protest. Counsel for the owners handed
in a written document, the Justices retired to consider it in private,
and as the result of that consultation Mr. Holden did not resume the
seat he had originally taken. The legal and other arguments urged by the
learned Counsel for the owners and the tenants are fully set out in our
report. We attach special importance to one contention, which was urged
with a degree of earnestness that made a deep impression in Court, and
will make a deeper impression outside. All these houses, be it
remembered, had had a renewal of licence at the annual licensing meeting
held last year. At that date the discretionary power of the Court had
been as firmly established in law as it is at the present moment. At
that date whatever laxity had taken place during the previous year in
respect of the conduct of any one of those thirteen houses had been
condoned by the renewal of the licence. At that date the congestion of
public houses in particular parts of the town was as notorious as it is
now, and nothing had happened in the interval to change in any material
degree the general circumstances which prevailed in 1892 when the
licences were renewed. In no single case out of the thirteen has there
been a conviction recorded on the licence since the licenses were
renewed in 1892, and under these circumstances it was argued by Counsel
that to extinguish any one of these licences would amount to an act of
confiscation. There can be no pretence for saying, therefore, that the
objections raised this year to the renewal of the licences originated in
the laches of the tenants themselves. They had their origin with either
the Bench as a whole or a section of the Bench, and it was at the
instance of the whole body or of a section of the Justices that the
chief officer of police was instructed to report upon the question. So
far as the ordinary course of police supervision was concerned the
houses, with one solitary exception, appeared to have had a clear
record, there being no conviction for any infraction of the Licensing
Acts. It therefore savoured of persecution to arraign the whole of these
thirteen houses and to press against them the argument that they are not
required by the population, although last year the Justices, by renewal
of the licenses, had decided that they were. Under these circumstances
it was rather unfair to throw upon the Superintendent of Police the
onerous and invidious duty of making the best case he could in support
of the objections. It is only right to say that the fair and
straightforward manner in which that officer discharged the duty
elicited the commendation of everybody in Court – Bench, advocates, and
general audience. Ultimately the Justices renewed all the licenses, with
the exception of that of the "Tramway Tavern," and on this case their
decision will be reviewed by an appellate court. The impression which
all these cases have created, and will leave on the public mind, is that
the Temperance party have precipitated a raid upon the liquor shops, and
that in doing so they have defeated their own object. Persecution and
confiscation are words abhorrent to Englishmen. The law fences the
publican round with restrictions and penalties in abundance, but in teh
present case the houses had not come overtly within the law. To shut up
the houses would therefore savour of confiscation, although in strict
law the licence is deemed to be terminable from year to year. In the
result the victory lies with the trade, and the ill-advised proceedings
against a whole batch of houses have created a degree of sympathy for
the owners and tenants which was given expression by the suppressed
cheers that were heard on Wednesday at the close of the investigations.
Licensing.
It will be remembered that on the 23rd ult. the Justices adjourned until
the 13th inst. the hearing of objections to the renewal of the following
licensed houses – "Granville," "British Colours," "Folkestone Cutter," "Tramway,"
"Royal George," "Oddfellows" (Radnor Street), "Cinque Ports," "Queen's
Head," "Wonder," "Ship," "Harbour," "Jubilee," "Victoria" – thirteen in all. These
cases were taken on Wednesday last at the Town Hall, the large room
having been transformed for the purpose into a courtroom. The Justices
were Messrs. Clarke, Hoad, Pledge, Holden, Fitness, Poole, Herbert,
Davy, Pursey, with the Justices' Clerk (Mr. Bradley, solicitor).
Mr. Glyn, and with him Mr. Bodkin, instructed by Messrs. Mowll and Mowll,
of Dover, appeared on behalf of the owners of the property affected; Mr.
Minter, solicitor, appeared for the tenants; Mr. Montague Bradley,
solicitor, Dover, appeared on behalf of the Folkestone Good Templars,
Sons of Temperance, Rechabites, and the St. John's Branch of the Church
Temperance Society. Mr. Superintendent Taylor, Chief Constable of the
borough, conducted the case for the police authorities without any legal
assistance.
Mr. Glyn, at the outset, said: I appear with my learned friend, Mr.
Bodkin, in support of all these licences except in the case of the "Royal
George," for the owner of which my friend Mr. Minter appears. Before you
commence the proceedings I should like you to consider an objection
which I have here in writing, and which I do not desire to read. I would
ask if you would retire to consider it before proceeding with the
business.
Mr. Montague Bradley:- I appear on behalf of some Temperance societies in
Folkestone.
Mr. Glyn:- I submit, sir, that this gentleman has no locus standi.
The Justices now retired to a private room, and after about ten minutes
in consultation all the Justices except Mr. Holden returned into Court.
It was understood that the objection had reference to the appearance of
Mr. Holden as an adjudicating Magistrate, that gentleman being a strong
Temperance advocate.
Mr. Glyn then proceeded to say:- Now, sir, it might be convenient if you
take the Queen's Head first, and I have formally to apply for the
renewal of the licence of the "Queen's Head." That is a house which is
well known by everybody, and by all you gentlemen whom I have the honour
of addressing, as a most excellent house. The licence has been held for
a very considerable number of years, and the present tenant has had it
since 1889. It is worth £1,500, and the present tenant paid no less than
£305 valuation when he entered that house. I need hardly tell you that
the licence was granted a great many years ago by your predecessors and
it has been renewed from time to time until now, when the Superintendent
of Police has objected on the grounds that the house is not required and
that it is kept in a disorderly manner. As to the objection made by the
Superintendent, for whom I in common with all others have the highest
possible respect, I think he will admit that the objection in not made
of his own motion but that it is made in pursuance of instructions
received from some members of the Licensing Committee. Of course the
point has occurred to my learned friend and myself, and it is a very
nice one, whether under those circumstances the requirements of the
Section had been complied with, and as to whether, the Superintendent
having really been acting as agent for the Justices, he had any locus standi at all to oppose these licences. I must leave that to your body,
guided as you will be by your most able Clerk. He knows the Section
better than I do. He knows under what circumstances and objection can be
raised, and that it must be done in open Court and not introduced in the
way these objections have been raised. These observations apply to the
whole of these renewals, and you will find in this case, sir, indeed in
all these cases, that the Superintendent of Police in raising these
objections has been raising them, as he says in his report, in pursuance
of instructions he received from the Magistrates; therefore those
gentlemen who formed that body and who give the Superintendent these
instructions are really in this position, if I may so put it to them
with humility, of people complaining, by having themselves directed an
inquiry, upon which inquiry they propose to sit, and, as I understand,
to adjudicate. Now, sir, I know from some long occasional experiences of
this Bench that there is not a single member of this Bench who desires
to adjudicate upon any case which he had prejudged by directing that the
case should be brought before him for a particular purpose, and I only
draw your attention to these matters because I am perfectly certain that
on the grounds I am going to place before you this Bench will not refuse
to renew any of these licences. I think it right, after very careful
attention, to put those facts before you in order that when you retire
you will consider exactly what your position is. There is another thing
I ought to say which applies to all these applications. There is not a
single person, not a single ratepayer, in all this borough – and I don't
know exactly what the numbers are, but they are very considerable – but
there is not a single ratepayer who has been found to object to the
renewal of any of these licences. Anyone would have a right to do it if
he chose, and I feel certain that the Justices will think that where
none of the outside public care to object, this Bench will not deprive
the owners and tenants of their property simply because they themselves
think that the matter ought to be brought before them, as I understand
has happened in this case, for adjudication. Now, let us see the first
ground of objection in respect of all these licences. The first ground
in respect of each of these licences is that the licence is not needed,
and I desire to make a few observations on that. I repeat that no
ratepayer can be found here who is prepared to come before the Bench and
raise this point. No notice has been given by anybody except by my
friend the Superintendent, who has told us in his report that he has
been acting upon the instructions of the Bench. But, sir, there is
another and very important matter. I understand that in the Watch
Committee, which one generally thought would be expected to get the ball
rolling, if it is to be rolled at all – if, as my friend suggests, there
is any public opinion upon it that these licences are not required – the
Watch Committee has actually been approached in this case, that is to
say, by some gentlemen connected with the Corporation. I don't know
whether it is any of the gentlemen I have the honour of addressing, but
they have declined to have anything to do with it or to sanction any
such device for the purpose of depriving my clients of what is
undoubtedly their property. Therefore I venture to think, speaking with
some little experience, that there never was a case in which licences
were taken away simply because some of the learned Magistrates thought
that the matter ought to be brought before them, and instructed the
Superintendent to do so. Now, sir, I am dealing with the Queen's Head,
but among the licences are some beerhouses that existed before the
passing of the Act of 1869, and the owner is therefore entitled to
renewal, for although notice of objection has been given on the ground
of disorderly conduct there has been a renewal, and that renewal has
condoned any misconduct there might have been. Therefore these houses
are absolutely entitled to renewal. Now, sir, with regard to these
licences that were granted a great many years ago. Of course at that
time, when the population of the borough was about half of what it is
now, the Magistrates then thought they were required. Those licences
have been renewed from time to time by your body, and are you really to
say now that although these, or some of these, licences were granted
when the number of inhabitants was 12,000, whereas it is now 25,000 –
these licences were not required or are not necessary for more than
double the original population? I venture to say that such an argument
reduces the thing to absurdity. Of course I know, with regard to these
houses, that in this case the Magistrates are clothed with authority, if
they choose to deprive the owners and tenants of their property, if they
think the licences are not required. But you will allow me to point this
out to the Bench, that there is not a single Bench in this County – I am
glad to be able to say – who yet have deprived an owner or tenant of his
property simply because a suggestion has been thrown out. That is at any
rate the case as far as Kent is concerned. It was done at one Bench in
this County, but when it came on appeal at the Quarter Sessions they
upset the decision of the Magistrates who had refused the renewal of the
licence on that ground. This is the only instance I know, and I am sure
that I am right, where a Bench in this County had been found to deprive
an owner of his property which you are asked to do in this way, and a
tenant of his livelihood. I venture to express my views, and I am sure
that all the Bench will coincide with me, that it would be very unfair
in such cases, when owners – whether brewers or private individuals –
have paid large sums of money in respect of licensed houses, when those
licences have been renewed from year to year, when the tenants have paid
large sums in respect of valuation, and some of them have been tenants
for many years and have gained a respectable livelihood in this business
– it would be very unfair to deprive the owners and tenants of their
property without giving them compensation of any kind for being turned
adrift. That brings me again to a consideration I must bring before you,
that these licences were granted at a time when the population of the
borough was about half what it is now; but now you are asked to say that
the licences are not required when the population has become twice as
much as it was when the licences were originally granted. Perhaps my
friend Mr. Minter will coincide with me that if you should consider this
point in the first place and form an opinion on it, it would save a
great deal of time. It is now a question as to whether you are, under
those circumstances, prepared to refuse the renewal of any of these
licences, having regard to the fact that there has not been a single
conviction since the last renewal. Having regard to the fact that these
licences were granted so long ago and have been renewed from time to
time, having regard to the fact that there has been no conviction in the
case of any one of them during the present year, and that if any offence
had been committed prior to the last renewal it was condoned by that
renewal – are you going to deprive the owners and tenants of their
property? Now, I only desire to say another word. Some of these
objections are made on the ground that the licences are not required;
others refer to the fact that here have been previous convictions or
that the houses have not been kept in an orderly way. Of course we shall
hear what the Superintendent says, and we know that he would be
perfectly fair to all sides, but I want to make a general observation
about it, and it is this; whether or not these houses have been
disorderly. As to that I think you would say that inasmuch as in any
case where there has been a previous conviction and you had renewed the
licence, that renewal condoned any previous offence. It clearly is so,
and if there had been any offence committed since the renewal we should
have to consider what was the class of offence which had been committed.
But that does not apply in this case. In no single instance has there
been a conviction in respect to any of the houses which Mr. Minter and
myself ask for the renewal of the licence, and I am going to put to you
what I understand to be an elementary proposition of law, that you would
not deprive an owner of his property because it is suggested that a
house has not been properly conducted where that owner has never had an
opportunity of appearing before the Bench or instructing some counsel or
solicitor to appear before the Bench in answer to any charge under the
Act of Parliament which had been brought against his tenant. If there
had been any charge in respect of any of these houses since your last
renewal, the tenant would have been brought here, he would be entitled
to be heard by counsel, and the question would be thrashed out before
the Bench. That has not been done in any single case since you last
renewed the licences of these houses, and I am perfectly certain that no
Bench in this County, and no gentleman in Folkestone, would deprive an
owner of his property simply because it has been suggested that since
the last renewal a house has not been properly conducted, although no
charge has been made against the tenant, so that he might have a right
to put the the authorities to the proof of the charge. I am not aware of
such a case, and I challenge anybody to show that there has been any
single case before any Bench where a licence has been taken away after
renewal following a conviction when there has been no criminal charge
against that house, but only a general charge after the renewal. I
submit that you are not going to deprive the owners of their property
when there has been no charge of any kind investigated in this or any
other court against the holders of those licences, and if you would
retire and consider this point and give an answer upon it, it would save
us a deal of time.
Mr. Bodkin followed on the same side dealing with the legal questions
involved in the application.
Mr. Minter then addressed the Court as follows:- I appear for the tenants
of these houses. The learned Counsel have been addressing you on behalf
of the owners, and though I cordially agree with everything that has
been said by them, it will be necessary for me to make a few
observations. Mr. Glyn referred to the population having increased
twofold since these licences were granted, but there is another very
important consideration, and that is this – that although the population
has increased twofold since the whole of these licences were granted,
within the last twelve years, I think I am right in saying that no new
licence has been granted. Not only were the licences now under
consideration granted when the population was half what it is now, but
there has been no increase in the number of licences since that period I
have named. The second point is with respect to the hardship which would
fall upon owners if a licence were refused on the ground of convictions
against the tenant. The learned Counsel has urged that it would be
unjust to take into consideration a conviction that took place prior to
the last annual licensing meeting, and you will feel the force of that
argument. What is the intention of the Legislature? The Legislature has
provided that in all cases where the tenants of licensed houses are
convicted of a breach of the Licensing Laws the Magistrates have power
to record that conviction on the licence, and on a third such conviction
the Legislature says that the licence shall be forfeited altogether.
Appearing on behalf of the tenants, I am happy to say that there is no
such record on the licence of any one of the applicants, and
notwithstanding that a conviction may have taken place prior to the last
annual licensing meeting, the conviction was of such a trivial character
that the Magistrates did not consider it necessary to record it on the
licence. Is there any argument to be used that is stronger than that
observation? You yourselves have decided that although you were bound to
convict in a certain case, it was not of a character that required the
endorsement of the licence, and after that conviction you renewed the
licence, and again on a subsequent occasion. One other observation
occurs to me, with regard to suggestions that have been put before you
by Mr. Glyn and Mr. Bodkin, and I entirely concur in what has been said
upon it. It is very pleasing to be before you, but I think it will be
pleasing to us and you will be as pleased yourselves if time can be
saved, and if you will only retire and take into consideration the
points which Mr. Glyn has suggested to you, I think you will come to the
conclusion that the applications should be granted, but I am excepting
the one or two cases in which I appear and in which I can claim as a
right to have the licence renewed as they existed before 1869, and
therefore these special cases do not arise on the notice served upon my
clients. I am sure you will not take offence if I put it in that way,
but if we have to go through each one of these cases, and I appear for
nine or ten, the tenants are all here and will have to go into the box
and be examined, and their evidence will have to be considered in
support of the application I have to make. Now let me call attention for
a moment to the notice of objection. You may dismiss from your mind the
previous conviction; the suggestion is that the houses are not required
for public accommodation. I am prepared in each case with evidence to
show that the public accommodation does require it, and the test is the
business that a house does. I am prepared to show by indisputable
evidence that the tenants has been doing a thriving business for the
last four or five years, that it has not decreased, and how is it
possible with that evidence before you to say that the licence is not
wanted? You may regret, possibly, that the number of houses is larger
than you like to see, but you would not refuse to entertain the
application made today unless you were satisfied that the houses were
not wanted for the public accommodation. I hope you will take the
suggestion of Mr. Glyn and that you will renew all the licences that are
applied for, particularly as there is not a single complaint against
them.
Mr. Montague Bradley:- I claim the right to address the Bench.
Mr. Minter:- I object.
Mr. Bodkin:- My friend must prove his notice of objection.
Mr. M. Bradley:- I should like Mr. Glyn to state the Section under which
he objects to my locus standi.
Mr. Glyn:- I should like to know for whom my friend appears – by whom he
is instructed.
Mr. M. Bradley:- I appear on behalf of Temperance Societies of Folkestone
– Good Templars and others.
Mr. Glyn:- Now, sir, I submit beyond all doubt that the practice is
clear.
Mr. M. Bradley:- I think, sir, that the question ought to be argued. I
should like to hear Mr. Glyn state his objection.
Mr. Minter:- We have objected on the ground that you have not given
notice of objection.
Mr. Glyn:- My friend should show his right – how he proposes to establish
his right.
Mr. M. Bradley referred to Section 42, subsection 2.
Eventually the Chairman said:- Mr. Montague Bradley, the Bench are of
opinion that you have no locus standi.
Mr. M. Bradley:- Very well, sir.
The Justices now retired to their room.
The Chairman on their return said:- The Magistrates have decided that
where there is a case of disorderly conduct it is to be limited to
within the year, and that the Superintendent is not to go into any case
previous to the annual licensing day of last year. We think it right
that Superintendent should state these cases and that they should be
gone into in order that we may know what these objections are.
The cases not eliminated by this decision were then proceeded with,
seriatim, and are noticed below in the order in which they were called.
The "British Colours," "Cinque Ports" and "Wonder."
Mr. Glyn said this was a beerhouse which existed before 1869, and
therefore no objection could be taken to it, unless the Superintendent
suggested that there had been any impropriety in the house.
Mr. Francis Knops, Superintendent of Inland Revenue proved that the
licences of the "British Colours," "Cinque Ports," and "Wonder" existed before
1869.
On the conclusion of the cases Mr. Glyn rose and said:- The result of
these inquiries is, sir, that in respect to all the houses except the
"Tramway Tavern" there is no serious charge of any misconduct of any kind.
It is only in the case of the "Tramway Tavern" that a serious attack has
been made, and I have already addressed you as to the "Tramway Tavern." If
the brewers had notice they might have had an opportunity of testing the
case, whether the house has been properly conducted or not, and I
challenge anybody to allege that any Bench of Justices in this County
other than the Bench I have alluded to have ever refused to grant the
renewal of a licence unless the landlord had had notice, or unless there
has been a summons or conviction against the tenant. I take that point,
sir. It is a technical point, but I have not the slightest doubt that it
is conclusive against the points raised. Now, with regard to the other
houses, except the beerhouses which have a positive right of renewal.
The only other question is whether the remaining houses are wanted or
not. The Superintendent of Police has conducted his case most fairly and
most ably indeed, and he picks out certain houses and asks the
Magistrates to deprive the owners of their property and the tenants of
their livelihood, and he asks that other houses may remain. How on earth
are you to draw the line? There are seven houses in one street, and how
can you deprive four of them of their licence, and grant the renewal of
licence to the other three? I must again put before you that no Bench of
Magistrates in this County have refused to renew a licence – with the
exception of the case which I put before you, and in that case they were
overruled – to any old licensed house on the ground on which you are
asked to refuse, viz., because it is suggested that the house is not
wanted. The County Magistrates, as well as the Magistrates in Boroughs,
have felt this, inasmuch as their predecessors in office have granted
licences upon the faith of which repairs have been done and expenditure
has been incurred, it would be unfair to take that property away unless
– as the late Lord Chancellor pointed out – something fresh had happened
to alter the neighbourhood since the time of the last renewal. It is not
suggested here that anything has occurred with respect to any one of
these houses in order to satisfy you that they should be taken away as
not being required, and I venture to submit that this Bench at any rate
would not adopt a policy of confiscation, for I cannot call it anything
else, and, as it were, set an example to other Benches in the County by
confiscating my clients' property in any of these cases, having regard
to the fact that they are old licences, having regard to the fact that
the population has increased twofold, and having regard to the fact that
nothing fresh, in the words of the Lord Chancellor, has arisen to induce
you to deprive the owners of the licences that were renewed last year. I
submit that you, gentlemen, will not be a party to the confiscation of
property. It is no small matter that you have to consider. It is not a
question of £10 or £15, for the lowest in value of the houses before you
today is £800, and the licences have been granted by your predecessors
and renewed by you. Your population has largely increased since those
licences were granted, and as my friend (Mr. Minter) has pointed out,
you have refused to grant any new licences, and under these
circumstances I venture to submit that you will not deprive my clients
of their property. My clients look to you to protect their property;
they have no other tribunal. If there had been any strong view in the
Borough against these licences the public would have expressed their
views by giving notice of opposition, but they have not done it, whereas
the Watch Committee, the proper body to raise these objections, have
declined to touch it. Where does the objection come from? It comes from
a member of your body, who has not taken part in these proceedings, but
who has suggested that the Superintendent of Police should give notice
in respect of these houses and have these cases brought before you. I
thank you very much for the kind way in which you have listened to my
observations and those of my friends, and without fear of the result I
am confident that you are not going to deprive my clients of their
licences, to which, I submit, the law entitles them. (Suppressed
applause in the body of the court).
It being now 2.50, the Justices adjourned for an hour, returning into
court just before 4 o'clock.
The Chairman then said: The Magistrates have had this question under
consideration, and they have come to the decision that all the licences
be granted, with the exception of the "Tramway Tavern." (Suppressed
applause).
Mr. Glyn now applied that, in the event of an appeal, notice of appeal
served on the Justices' Clerk should be accepted by the Justices.
This was at once acceded to.
Mr. Glyn:- My clients all feel, sir, what the professional men around the
table knew before, the fair way in which Mr. Superintendent Taylor has
conducted these proceedings.
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Folkestone Visitors' List 20 September 1893.
Licensing.
That the lot of the publican, like that of the policeman in the “Pirates
of Penzance”, is not over and above a happy one, must be conceded. There
is no business to which so many pains and penalties are attached, and to
embark in which a man must be prepared to go through so keen an enquiry
into his antecedents as well as his character at the time when he
applies for his licence; and in which he has at last, by the expenditure
of much time and money, obtained permission to sell, during certain
periods out of the twenty four hours fixed for him by a tender-hearted
legislature desirous that he should not overwork himself, he is so
heavily handicapped by the restrictions which surround him. In fact, the
proverbial toad under the harrow would seem to lead almost a pleasant
existence in comparison with unfortunate Mr. Boniface. His natural
enemy, the teetotaller, is ever on the alert to worry him, and, if
possible, to shut up his shop for him, totally careless at to the ruin
which may accrue to him and his family.
In pursuance of some of these tactics some of the members of the
Folkestone Licensing Committee a twelvemonth ago discovered all at once,
after a lapse of some fifteen years, that there are too many houses in
the town. How some few weeks back a prominent member of that Committee,
and a steadfast advocate of the Temperance movement, reverted to that
decision, and announced that if the brewers did not agree among
themselves as to what houses should be closed, the Committee would
forthwith proceed to act upon their own judgement, is all a matter of
history. Between the time when this announcement was made and the
licensing day proper, the Superintendent of Police, who does not seem to
have held any pronounced opinions as to the number of houses, drew up,
at the request of the Committee, an elaborate report upon that point,
showing that there were in the town 130 houses; and in consequence of it
he was directed to give notice to the owners and occupiers of thirteen
houses that they would be objected to at the adjourned session.
On Wednesday, the 13th, the Special Adjourned Session was held. The
Magistrates had wisely provided for the very great interest taken in the
question by holding the enquiry in the Town Hall, a great improvement on
the stuffy little apartment dignified by the name of a police court. As
soon as the doors were opened the body of the hall rapidly filled, the
trade, of course, being present in strong force, neighbouring towns also
being represented. The teetotallers also mustered pretty strongly, but
it may here be stated that Mr. Montagu Bradley, of Dover, who appeared
for them, was objected to, and the Bench ruled that he had no locus
standi; or in other words the Magistrates could decide the questions
that would be submitted to them without the interference of any outside
body. So Mr. Bradley politely took his leave shortly after the
commencement of the proceedings. A somewhat singular feature in
connection with them was the large force of police in attendance in the
Hall; probably the authorities anticipated some exhibition of feeling,
but none such took place, except early in the morning a working man
shouted out “How can you expect justice from that lot? They gave me
eighteen months for nothing”. He was speedily ejected, and the business
for the remainder of the day was conducted in the most orderly manner.
The Magistrates on the Bench were Messrs. Hoad, Pledge, Pursey, Herbert,
Davey, Clarke, Fitness, and Poole. Mr. Holden also took his seat, but in
deference to a written protest handed in by counsel for the owners he
retired. Mr. Glyn and Mr. Bodkin appeared for the owners, instructed by
Mr. Mowll, of Dover, Mr. F. Hall, Folkestone, and Mr. Mercer,
Canterbury; Mr. Minter, the solicitor for the Folkestone Licensed
Victuallers' Association, for the tenants.
Mr. Glyn first opened the proceedings in a temperate and exhaustive
speech, delivered quite in the best Nisi Prius style, argumentative and
without an attempt at claptrap or sensational appeal. It was a capital
forensic effort, and afforded unmitigated pleasure to the Licensed
Victuallers themselves, whilst we fancy, from the somewhat lengthened
faces of the opponents of the licenses, they must have felt at it's
conclusion that the ground had been cut from under them. There was just
the faintest attempt at applause when the learned counsel sat down, but
this, the only manifestation of feeling throughout the day, was speedily
suppressed in the call for silence.
The Superintendent of Police supported his own objections – or rather
the objections of the Committee – in person. Armed with a voluminous
brief he made the best of a weak case, but evidently it was not a labour
of love to him.
Mr. Bodkin's work was chiefly confined to the examination of witnesses,
and those who attentively followed him could not have failed being
struck with the fact that not an unnecessary question was put to a
single witness.
Mr. Glyn based his arguments upon three general grounds, which he
applied to all the cases collectively. The first was that this
opposition did not emanate from the police. The Superintendent had no
grounds for complaint, but was acting under the direction of certain
members of the Bench. How far that was approved of generally was
evidenced by the fact that the Watch Committee refused to grant him
legal assistance in opposing these licenses. The objection urged against
them was that they were not required. Now, up to the present time not a
Bench in the county of Kent had been found to deprive an owner of his
property or a tenant of his livelihood because someone chose to say a
house was not necessary. But what were the facts in the present case?
Why, that all these licenses were granted a dozen years ago, and if they
were thought requisite when the population was only half what it was at
present, surely they could not say they were not required now. Secondly,
some of these houses had been objected to as not having been properly
conducted. To meet that assertion the learned counsel adduced the fact
that during the last twelvemonth not a single conviction had been
recorded against any one of the tenants. Any previous conviction had
been condoned by the renewal of the licence. That was common sense. The
Bench admitted that it was so by subsequently deciding not to enquire
into any laches that might have taken place previous to the last
licensing meeting in 1892.
Mr. Bodkin followed briefly in the same vein, and Mr. Minter, on behalf
of the occupiers, addressed himself to the requirements of the town,
arguing, as we have ourselves pointed out in the List, that the very
fact of their being supported by the public was a prima facie argument
in favour of the existence of these houses.
The Magistrates, at the conclusion of the learned gentlemen's arguments,
retired, and after an absence of about a quarter of an hour, on their
return announced they would hear any complaints there were against any
house since the last licensing meeting. This involved the calling of a
large number of witnesses – owners, tenants, civil and military police,
the examination of whom lasted well into the afternoon.
The "Victoria," the "Oddfellows," the "Welcome," "British Colours," and
"Granville" were all objected to on the ground that they were not wanted;
and the "Tramway" for the additional reason that disorderly conduct had
taken place, this consisting of a civilian and a soldier coming out and
having a fight; the disturbance, however, was not sufficient to warrant
proceedings.
Mr. Glyn having summed up his case, the Magistrates retired for an hour
to consider their decision, and on their return the Chairman briefly
announced that all the licenses would be renewed with the exception of
the "Tramway."
Mr. Glyn intimated that in all probability the owners of the house would
appeal against the decision, and having thanked the Bench for the
attention they had given the cases, and Superintendent Taylor for the
fair manner in which he had conducted the opposition, the proceedings
came to an end.
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Folkestone Express 26 December 1908.
Inquest.
On Tuesday afternoon Mr. Thomas Willson, of Folkestone, was returning
from the races at Westenhanger, when he collapsed and died on the
platform at the station. The body was removed to Folkestone the same
night, and an inquest was held at the Town Hall on Wednesday afternoon,
Mr. G. W. Haines (Borough Coroner) conducting the inquiry.
John Willson, residing at Sidney Villa, Denmark Street, a labourer, said
he identified the body as that of his father, Thomas Willson, who lived
at the same address as witness. He was a retired publican, and was about
seventy years of age. Deceased had not enjoyed very good health lately,
and had complained of shortness of breath. Witness last saw deceased at
11.30 on Tuesday morning. He was then going to the races at Westenhanger.
He had attended race meetings on previous occasions. Deceased, who went
alone, appeared to be in his usual state of health. Witness did not see
any more of deceased until he heard of his death.
Dr. Thornton Gilbert, honorary medical officer to the Folkestone Racing
Club, said on Tuesday, as he got into the train at Westenhanger, he was
told a medical man was wanted. He got out of the down side, and saw
deceased laying on the floor dead. He had known deceased for a good many
years. He had made a post mortem examination The heart was very much
enlarged, and in his opinion death was due to fatty degeneration of the
heart. Failure of the heart might have been brought on by excessive
exercise. The story was that deceased had hurried to the station. There
were no marks of a fall or injury.
James Albert Port, of 77, High Street, Cheriton, a jobbing gardener,
said he was a member of the St. John Ambulance Brigade. He was on duty
at the racecourse, under the direction of Dr. Gilbert. On Tuesday, about
3.35, he left the racecourse, and was proceeding to the old station,
when he passed deceased. Witness was accompanied by Alfred Downs, who
was also a member of the Ambulance Brigade. Deceased, who was alone, was
staggering, and they told him to “buck up” or he would miss the train.
They did not think he was ill. He replied “All right. I shall catch the
train”. They went on about half a dozen paces, when they heard something
fall, and turning round saw deceased on the ground. They helped him up
and assisted him towards the station. When they got to the steps to go
on to the bridge, deceased said “Stop a minute, till I get my breath”.
On the bridge he stopped again. They went across the road to go down the
steps and when they got to the bottom of the steps deceased collapsed.
They assisted him to the platform. Subsequently witness felt deceased's
hands and they were clammy and his breathing ceased. Witness then sent
for a doctor. Deceased's speech was clear.
Sergt. Martin, K.C.C., said shortly after four o'clock on Tuesday
afternoon he was on duty, accompanied by Supt. Hollands, outside
Westenhanger Station, when they were informed that a man had died on the
down platform. Witness proceeded there and saw the body of deceased, who
was quite dead. They were told that Dr. Gilbert had seen him and had
pronounced life extinct, and they also ascertained that deceased was a
resident of Folkestone. Witness, with assistance, took deceased to a
brake van, and in the meantime his relatives were communicated with,
Superintendent Hollands stating that if they chose to remove the body
that night and take it home he should not raise any objection. If it
remained there until the morning it would be reported to the County
Coroner. The body was removed to Folkestone Mortuary on Tuesday night.
Deceased had in his possession a purse containing £2 17s. 4d.
The Coroner asked the sergeant whether it was part of his instructions
when a body was found to give the relatives the option of removing it
out of the Coroner's jurisdiction before the next morning, and after the
morning if the body had not been taken away, to communicate with the
Coroner?
Sergt. Martin said those were not his instructions.
The Coroner:- As a matter of fact, it is not for you to say whether the
body shall be removed out of the Coroner's jurisdiction. It is for the
Coroner.
The Coroner asked whether the County Coroner was communicated with
before the removal of the body to Folkestone.
The sergeant said he should not think he was.
The Coroner said he should have to make some further inquiries about the
matter. It seemed to him that the body was out of the jurisdiction of
the borough of Folkestone, and yet Folkestone was put to the expense of
holding an inquiry. Supt. Hollands gave the relatives the option of
removing the body out of the County Coroner's jurisdiction, but if it
was left till the morning then he should communicate with the County
Coroner. Immediately the body was dead it was under the County Coroner's
jurisdiction.
The Coroner produced a telegram sent by Superintendent Hollands to the
relatives, and after reading it, he said it bore out what the sergeant
had said. The telegram said that the body could be removed that
(Tuesday) night by the relatives, but if deferred until the morning he
must communicate with the Coroner.
The jury returned a verdict of “Death from natural causes”.
|
Folkestone Daily News 23 December 1908.
Inquest.
An inquest was held on the body of Thomas Wilson, who expired suddenly
at Westenhanger on Tuesday, was held on Wednesday afternoon by the
Borough Coroner.
John Wilson, son of the deceased, identified the body as that of his
father, aged 70, who lived at Sydney Villa, Denmark Street. He was a
retired publican. Deceased was all right when he left home on Tuesday
morning, but had lately complained of shortness of breath. He left home
alone at 11.30 in the morning to go to the Folkestone races at
Westenhanger.
Dr. Thornton Gilbert deposed that he was at Westenhanger on Tuesday
afternoon. When he arrived at the station he was called to the down side
of the station, where he saw the body of Thomas Wilson lying dead.
Witness had known him for many years. He had examined the body of
deceased and found the heart was fatty, the stomach contained undigested
food, the liver was enlarged, and the kidneys enclosed in fat. In his
opinion death was due to degeneration of the heart, which might have
been hastened by hurrying.
James Albert Port, a gardener, and a member of the St, John Ambulance
Corps, said he was on duty at the racecourse, under the direction of Dr.
Gilbert. At 3.35 he passed the deceased, who was staggering on his way
to Westenhanger Station. Witness told him to “Buck up” or he would lose
the train. In witness's opinion he had had a glass too much. Witness
went forward about half a dozen paces, when he heard a fall, and found
deceased had fallen in the road. Witness helped to pick him up. Deceased
did not say anything until they got to the steps to go over the bridge,
when he asked to rest in order to get his breath. They stopped, and then
went on again, but on reaching the platform deceased fell down. Witness
tried artificial respiration, and then sent for a doctor.
In reply to the Coroner, witness said it was possible that the state of
deceased's heart may have led him to think that he (deceased) had been
drinking.
Sergeant Martin, of the Kent County Constabulary, said shortly after
four p.m. on Tuesday he was informed that a man had died on the
platform. Witness went to the down platform and found the deceased quite
dead. Witness assisted to remove him and put him into a brake van for
the purpose of conveying the body to Folkestone. In the meantime
deceased's relatives were communicated with and told that they could
remove it, but that if it remained till the morning the matter would
have to be reported to the County Coroner. The body was eventually
removed to the Folkestone mortuary the same evening. A purse found on
the deceased contained £2 17s. 4d.
The Coroner said he could not understand why the option had been given
to the relatives to take the body away.
Sergeant Martin said he acted under the instructions of Superintendent
Hollands.
The Coroner said Superintendent Hollands had no authority to sanction
the removal of any body until such removal had been sanctioned by the
Coroner, and he (Mr. Haines) would have to make a note of it.
The jury returned a verdict in accordance with the medical evidence.
|
Folkestone Herald 26 December 1908.
Inquest.
An inquest was held at the Town Hall, Folkestone, on Wednesday afternoon
regarding the death of Thos. Willson, a retired Folkestone publican, who
expired suddenly on Westenhanger Station on Tuesday afternoon. John Willson, of Sidney Villa, Denmark Street, a labourer, identified
the body as that of his father, Thomas Willson, of the same address. The
deceased was a retired publican, and was 70 years of age. Deceased had
complained recently of shortness of breath He got about well. About
11.30 a.m. on Tuesday deceased said he was going to the races at
Westenhanger. He was accustomed to go occasionally to the races, and he
went alone. Apparently he was in his usual state of health. Dr. J. W. Thornton Gilbert, Hon. Medical Officer to the Folkestone Racing
Club, deposed that on Tuesday last a railway official at Westenhanger
Station told him that he was wanted. He alighted from the train, and on
the platform he saw the body of Thomas Willson, He was dead. Witness had
known the deceased for many years. That (Wednesday) morning he made a
post mortem examination. He attributed death to syncope due to fatty
degeneration of the heart, which might have been brought on by any
excessive exercise. There were no marks of injury or violence. James Albert Port, of 77, High Street, Cheriton, a jobbing gardener,
stated that he was a member of the St. John's Ambulance Brigade. He was
on duty at the racecourse, under the direction of Dr. Gilbert. About
3.35 p.m. he left the racecourse, and on his way to the old station, in
company with Pte. A. Downs, of the same Brigade, he saw deceased, who
was staggering. They told him to “buck up”, or he would miss the train.
Witness thought that the deceased had had a glass too much. He replied
“All right, I shall catch the train”. Witness went forward half a dozen
paces, and then he heard a fall. On turning round he saw the deceased on
the ground. They helped him up and assisted him to the station. When
they got to the steps to go to the bridge, deceased said “Stop a minute
till I get my breath”. They did so. On the bridge the same thing
happened. Deceased then asked witness to get his ticket clipped. At the
bottom of the steps the deceased collapsed. Noticing that his hands were
clammy, and as he did not breathe, witness started artificial
respiration, which he maintained till the doctor arrived. Taking all the
circumstances into consideration, he thought perhaps the man was not
altogether the worse for drink. P. Sergt. Martin, K.C.C., stationed at Westenhanger, proved receiving
information of the death. He went on to the down platform and learned
that Dr, Gilbert had pronounced life extinct. He also ascertained that
deceased was a resident of Folkestone, so wit assistance the body was
placed in a brake van. The relations were informed that if they chose to
move the body to Folkestone he would raise no objection, but if they
allowed to remain till the morning the matter would be reported to the
County Coroner. The body was removed to the Folkestone Mortuary the same
night. In a purse found on the body was £2 17s. 4d. The Coroner: You are a sergeant, and have had some experience. Do you
give people, in such cases, the option of taking the body away before
the morning if they like? Witness:- That is hardly a fair question. The Coroner:- That is for me to decide. Witness:- Well, I was acting under instructions. In reply to further questions, witness said it was not the usual thing
to do. The Coroner said that he would have to make some further enquiries with
regard to the removal of the body. It seemed that the deceased had died
outside the borough, and yet they were holding an inquest which it was
the duty of the County Coroner to hold. The jury returned a verdict of “Death from natural causes”. |
LICENSEE LIST
POWELL James 1869-85
(Also of "Brewery Tap.")
WILSON Thomas 1885-90
KENNETT Richard 1890-92
JEFFORD Walter 1892-93
GATLEY Charles Mar/1893+
From More Bastions of the Bar by Easdown and Rooney
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