From the Dover Express and East Kent News, Friday 4 September, 1885. Price 1d.
OBJECTION TO A PUBLIC HOUSE FOR CLARENDON STREET
An application was made for a provisional license for a public-house
proposed to be built by the Dover Brewery Company, on a plot of land at
the top of Clarendon Street.
Mr. Worsfold Mowll appeared for the applicants and Mr. T. Lewis opposed.
Mr. Edwin Coleman proved that the statutory notice had been published,
producing a copy of the Dover Express in which it had appeared, and also
stated that the notice had been affixed to a piece of timber on the
sides and on the doors of Christ Church and Hougham Church on two
Sundays.
Mr. Lewis said he should have something to say about the notices.
Mr. Mowll: May I ask on whose behalf you appear?
Mr. Lewis: Technically I appear on behalf of Mr. George Solley of 30,
Clarendon Street, and I appear also for other parties.
Mr. Mowll objected that Mr. Solley had not such an interest in the
proposed license as to give him a locus standi in the matter.
The Mayor said it was the opinion of the Bench that the locus standi was
quite sufficient.
Mr. W. J. Wyles, builder, proved the plans, and said that the house
would let at about £35 a year.
Mr. Stimpson said he was a junior partner in the Dover Brewery Company
who applied for this provisional license.
Mr. Lewis: I suppose it is intended to be an ordinary brewer's house?
Witness: Yes.
Mr. Lewis: You do not propose keeping it yourself?
Witness: No.
By Mr. Mowll: We purchased this plot of ground when we took over
business from Kingsford and Co.
Mr. Lewis said it would perhaps save the time of the Court if he first
objected that Mr. Stimpson was not a proper person to have this license
granted to him. Mr. Lewis then proceeded to quote authorities and
statutes to show that the person who was going to keep the house was the
person who ought to apply fro the provisional license.
After some discussion the Magistrates over-ruled this objection.
Mr. Mowll then proceeded with his application, and called Mr. Horace
Freeman, clerk to Mr. E. W. Fry, architect, who put in a plan of the
Clarendon Estate with certain houses marked.
Mr. Mowll put in a memorial, which was not read, stating that it was
signed in favour of the license by either the owners or occupiers of the
marked houses. He then proceeded to inform the Bench that this
application for a licensed house at the top of Clarendon Street was in
accordance with the plan on which the estate was laid out. It was
proposed to have two licensed houses on the estate. The license for the
“Malvern” at the town end of the estate, the Magistrates granted a few
years ago; and now the estate was complete, it was proposed to erect
another public-house at the other end at the top of Clarendon Street.
The public-house would be, there and back, three-quarters of a mile from
the “Malvern,” 500 yards from the “Engineer” on the Folkestone Road, and
about half a mile from Mr. Brazier's at Maxton. (“Orange Tree”) he
wished the Magistrates to notice that the plan showed that they had not
got any signatures from the part of the estate next to the “Malvern;”
and he contended that Mr. Solly, who lived at 30, Clarendon Street, was
not at all interested in public-houses which it was proposed to place at
the other end of the street. He was also instructed by the Dover brewery
Company to say that if the Bench granted this license they would abandon
the license of the “William and Albert” public-house in Seven Star
Street, so that the number of houses would not be increased.
The Mayor asked if there were not two beer shops having off licenses on
the Clarendon Estate?
Mr. Mowll said there were two at Clarendon Place, but they were granted
when the Bench had no discretion as to off licenses.
Mr. Lewis said he did not propose to occupy the time of the Court at
great length. He represented, in addition to Mr. George Solley, other
persons residing in Clarendon Street, and a body of persons who were
interested in this matter. Having already dwelt on the technical point,
he would proceed to deal with the local circumstances. He would ask the
Bench to look at the plan and memorial and to remember the trouble that
had been taken to influence the people in the neighbourhood to sign; and
considering the influence that had been brought to hear, he thought that
he was entitled to draw the conclusion that every case where there was a
blank on the plan and a signature could not be got for the public-house,
the householder might be fairly reckoned as being against it. The
inhabitants of Clarendon Street went there when there was no
public-houses there, many of them in order to secure peace and quietness
which could not be had where such house existed; and as the restriction
with regard to the other houses was not that they were not to be used as
public-houses, they would naturally conclude that there was to be no
licensed house there. Look where this house was situate, at the extreme
end of the estate. If it were for the convenience of the street it would
have been placed in the middle. It was evidently put there with a view
of supplying a number of houses, which it was hoped would spring up on
the other said; but at present there were but two new houses on the
other side, therefore he would urge the Bench that the house was not
wanted. Then as to the character of this proposed house. It was to be a
brewers' house. They had already had an illustration of the working of
one of those houses before the court that morning, and he thought if
ever a license were granted it should be to the person who was actually
going to keep the house. He did not think it desirable to weary the
Bench with details, because they well understood all the circumstances,
but he asked with confidence that the license be not granted.
Mr. Mowll remarked that Mr. Lewis had produced no evidence.
Mr. Lewis said that all the facts that he had relied upon were before
the Court.
The Magistrates retired to consider the matter privately, and on
returning to Court the Mayor said: The Magistrates are of opinion at the
present time there is no need for another licensed house in the
neighbourhood, and the application will accordingly be refused.
The Court then adjourned until the 16th of September, when the sitting
will be held at Broadstairs.
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