59 Radnor Street
Folkestone
Above photo, circa 1910. |
Above Google image December 2022. Showing what is left of Radnor Street. |
Originally called the "Fishing
Boat" or "Fisher Boat," or indeed "Fishing Smack."
The licence from this was surrendered in 1935 and transferred to the "East
Cliff Pavilion."
Folkestone Chronicle 19 December 1857.
Wednesday December 16th:- Before R. W. Boarer esq., and G. Kennicott esq.
Special Sessions for transferring licences.
The licence of the Packet Boat was transferred from Richard Boorn, to
John Boorn.
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Southeastern Gazette 22 December 1857.
Wednesday: Before R.W. Boarer and G. Kennicott Esqs.
The licence of the Packet Boat was transferred from Richard Boorn to
John Boorn.
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Kentish Gazette 22 December 1857
At the special sessions for transferring licences on Wednesday, the
license of the "Packet Boat" was transferred from
Richard Boorn to John Boorn.
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Southeastern Gazette 1 March 1859.
Wednesday: Before the Mayor, W. Major and J. Tolputt, Esqs.
Jacob Morrick, a German, and servant to Capt. Clark, of 100 Regt., at
Shorncliffe, was charged with stealing £5 12s. 6d. from his master’s
desk in one of the huts.
Prisoner was taken in the Packet Boat Inn, Radnor Street, by P.C.
Ovenden, and the whole of the money was found on him.
Three months’ hard labour.
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From the Folkestone Chronicle 23 March, 1861.
COUNTY COURT INSOLVENT
Richard Boorn, an insolvent, appeared to pass his first examination,
supported by Mr. Bedford. He was opposed by Mr. John Minter, on behalf
of Mr. George Conley, for a debt of £16 11s. 9d. Insolvent was examined
by Mr. Minter, who failed to elicit that he had any effects. Debts £225.
He passed his first examination.
Note: Boorn had been landlord of the "Packet
Boat," Radnor Street 1851-57. Strangely, it seems that he carries on
with the "Alma," Cheriton Road (1855-64) and returns to the "Packet
Boat" (1861-69) despite this insolvency! Jan Pedersen.
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Folkestone Observer 23 March 1861.
County Court.
Insolvent Case.
Friday March 22nd:- Before C. Harwood Esq.
Richard Boorn came up for his first examination. Mr. Bedford appeared in
support, and Mr. Minter for Mr. George Conley, who was entered for £16
11s. 9d. Insolvent had keot an inn in Radnor Street, but his uncle dying
and leaving him a legacy of £1,500, he had paid £991 19s. 8d. to old
creditors, and bought the schooner Mary for £500, afterwards selling her
for £110. The present total amount of debts was £255 17s. 0 1/2d; no
assets. He had been for the last four years out of business. The
insolvent passed.
Note: Boorn had been landlord of the Packet Boat, Radnor Street. Also
listed at Alma, Cheriton Road.
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From the Folkestone Chronicle 27 April, 1861.
COUNTY COURT INSOLVENT
Richard Boorn. This insolvent came up for his final examination. Mr.
Minter withdrew his opposition upon His Honour allowing the insolvent to
amend his schedule, by inserting a reversionary interest he was entitled
to; which having been done, he passed.
Note: Boorn had interests in both the
"Packet Boat," Radnor Street, and the "Alma,"
Cheriton Road. Jan Pedersen.
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Folkestone Chronicle 27 April 1861.
County Court.
Wednesday April 24th:- Before Charles Harwood Esq., Judge.
Richard Boorn. This insolvent came up for his final examination. Mr.
Minter withdrew his opposition upon His Honour allowing the insolvent to
amend his schedule, by inserting a reversionary interest he was entitled
to; which having been done, he passed.
Note: Boorn had interests in both the Packet Boat, Radnor Street, and
the Alma, Cheriton Road.
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From the Folkestone Chronicle 12 November, 1864. Transcribed by Jan Pedersen.
NEW LUGGER CELEBRATIONS
On Thursday evening Mr. John Boorn of the "Packet Boat Inn" invited a
few friends to a quiet little supper to celebrate the launch of a new
lugger he has just finished, and the first he has finished since he
entered into the business of a boat builder. The vessel was launched in
the afternoon of the same day, and was named the Blair Athol. It is to
be hoped that she will be as successful in her trips as her namesake,
the celebrated racehorse. The lugger is a very nice one and from her
lines appears to combine speed with strength.
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Folkestone Observer 22 July 1865.
Tuesday July 18th: Before Captain Kennicott R.N.
George Mercer, charged with being drunk and riotous in Beach Street,
pleaded Guilty.
To a second charge of assaulting P.C. Swain, he pleaded Not Guilty.
P,C, Swain was on duty last evening in the lower part of the town about
half past nine o'clock, when his attention was drawn to a number of
people making a disturbance at the farther end of Radnor Street. He went
there, and found the prisoner and another man fighting. Prisoner had all
his clothes off, except his trousers. His shirt was off. He was drunk.
Witness took the prisoner into custody. On the way to the Station he
tried to escape. Witness kept his hold, and brought him to the station.
Witness could not see the other man. It was dark and he was hustled away
by the people.
Prisoner said he went into the Royal George last evening to have some
beer, and a man wanted to fight him. He left there, and went along to
the Packet Boat, where the man followed him and wanted him again to
fight, but he refused. The man then wanted him to fight for a sovereign.
He (prisoner) came out to go away, but the man came to him and began to
fight, when, of course, he was almost compelled to fight. He did not
resist the police, but in coming up the street his foot slipped, and he
fell down.
The bench fined him 1s. for each of the two offences, with costs, 10s.
in all, or imprisonment for seven days.
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Folkestone Chronicle 29 July 1865.
County Court.
Friday July 28th:- Before C. Harwood.
Alfred Rayment v John Boorn – Claim for £20 10s for liquor supplied to
defendant, a publican in Radnor Street. Mr. Minter appeared for
defendant and stated that his client had a perfect answer to the claim.
The case was adjourned to prove delivery and sale of goods by
plaintiff's partner.
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Folkestone Chronicle 26 August 1865.
County Court.
Friday August 25th:- Before C. Harwood Esq.
Spurrier & Rayment v J. Boorn – This was an action which had been
adjourned from the last court, to recover a sum of £20 14s for goods
sold.
Mr. Minter appeared for the defendant, and said the defendant would
admit having received all the goods charged in plaintiff's bill, but
defendant said he had paid for some of them, and to save time he asked
Mr. Hellensberg to point out what portion of the bill defendant had
paid.
Mr. Hellensberg said he could not do so.
Mr. Minter asked this witness whether defendant was not charged in this
bill for some bottles which he had returned.
Mr. Hellensberg said not to his knowledge.
His Honour gave judgement for the plaintiff for the amount claimed, to
be paid forthwith, with costs.
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Folkestone Chronicle 14 October 1865.
County Court.
Friday October 13th:- Before C. Harwood Esq.
John Boorn v Alfred Rayment – This was a claim for £4 6s 6d for spirits.
Mr. J. Minter appeared for the plaintiff.
The defendant at first said that he did not dispute the claim, but
pleaded that it was constructed under a partnership, and said that the
plaintiff owed him a good deal larger sum of money than he had sued him
for.
Plaintiff, having said he was landlord of the Packet Boat public house,
and was in partnership with defendant as a builder and owner of fishing
boats, but never with respect to the public house. He sold the goods
charged in the account to the defendant, and delivered some of them
himself, and sent the others. He did not claim the money before, because
he owed defendant money, but after defendant sued him at the last court
he made out the bill.
Defendant said the partnership between them commenced in January, 1864.
Never took any money for the sale of spirits. Plaintiff kept the house
and he kept the books. Had advanced money to plaintiff and others on
account of the house. Defendant was examined at length by His Honour as
to the partnership, and defendant said it could be proved by an entry in
the books.
The cash book, day book, and ledger were put in and examined by His
Honour for evidence of the partnership, and two entries for sums entered
in the defendant's name for spirits and beer, to the amount of £109,
were found.
Defendant, cross-examined by Mr. Minter, said he agreed with the
plaintiff as to the partnership about January 1864. He was to have half
of the profits arising out of the public house business. Before the
partnership agreement was made, the plaintiff was greatly embarrassed,
and he offered to find the money to pay off the old debts, on condition
that the whole concern – the boat building, fishery, and public house –
should be thrown into one partnership. He kept the books, but there had
never been any division of profits.
The case came to an end in a rather singular manner. Mr. Minter pressed
the defendant closely in cross-examination, and Mr. Harrison, the deputy
registrar of the court, appealed to His Honour to protect the defendant,
who had no legal adviser, and said that defendant had been advised by
him in the course he had taken, and he was sorry that his position
compelled him to remain silent in a case which he could explain in a few
words.
Plaintiff's attorney said that Mr. Harrison, holding the position he
did, had no right to try to influence His Honour in his decision, and
withdrew the case.
After this His Honour asked a question, when Mr. Minter contended that
as the case, having been withdrawn, was out of court, the plaintiff was
not bound to answer.
His Honour then struck the case out, and Mr. Minter, upon this, took a
non-suit, stating that it was his intention to carry the case into
another court.
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Folkestone Observer 21 October 1865.
County Court.
Friday October 13th:- Before C. Harwood Esq.
John Boorn v Alfred Rayment.
This was a claim for £4 4s 6d for spirits. Mr. Minter appeared for
plaintiff.
Defendant, in answer to His Honour, admitted to having had the things,
but stated that plaintiff owed him a great deal more - £154 odd,
borrowed money – and he wanted to claim a set off. His Honour told him
he should have entered a cross-action, upon which he immediately
disputed his liability.
Mr. Minter remarked that last court the defendant entered an action
against the present plaintiff, and he (defendant), it appeared, now
claimed the benefit of a partnership.
Plaintiff was then sworn, and said: I am landlord of the Packet Boat
Inn. The defendant was in partnership with me as a boatbuilder and as a
fishing boat proprietor, but he never had anything to do with the Packet
Boat Inn. The goods, with the exception of one gallon of whisky and one
bottle of brandy which were delivered at the Camp by defendant's orders,
were deliverd at his house, some of them by me, and some by my servant.
Defendant offered to keep my books for me as he said I was a bad
book-keeper. He took them home with him for that purpose, and put his
name opposite the goods entered which he had received. I did not sue him
before as I owed him money, but last court day he sued me without
previously sending in a bill, and I then sent in my account.
Defendant admitted that he had had the things, but pleaded a partnership
in the Inn trade, and produced the day book, which he stated was a
general partnership account. He (defendant) had made out bills, but they
had never had any bill-heads; he thought the bills were made out as a
company. He had advanced money to plaintiff himself and also to others
on account of the house, but had never had any settlement of account.
The public house was carried on in plaintiff's own name.
His Honour, on turning to the cover of the day book, remarked that it
was endorsed as a partnership concern, and asked whose writing it was.
Mr Minter said that of the defendant, who had always kept the books, and
tried to wriggle himself into a partnership, but they repudiated it.
His Honour mentioned two entries for spirits and beer he saw in the
book, amounting to £109, had on account of the house, and which appeared
to have been paid by the defendant. He asked if it was so?
Defendant said it was; he had paid several bills, and had also given
plaintiff cheques to pay the rent of the public house.
His Honour then asked the defendant if he would deliberately swear that
he was a partner with plaintiff in the Packet Boat Inn?
Defendant answered in the affirmative, and stated they were in
partnership about a year and a half.
Mr. Harrison, the Deputy Registrar, remarked that he could explain the
whole of the case in a few words, but unfortunately from the position
which he held his mouth was sealed.
His Honour said the books appeared to intimate a partnership. At all
events it was clear that defendant had advanced money to the brewers and
others to the tune of £109.
Mr. Minter then cross-examined the defendant, who said he entered into
partnership with plaintiff about January, 1864. He could not say the
day, neither could he tax his memory with regard to what was said, but
he could remember he was to have half the profits. Plaintiff was in
difficulties, and he offered to assist him in paying his debts, for
which purpose he advanced £300. Witness paid all debts that were applied
for, and it was then agreed that it should be a general partnership
concern. He was and he was not at that present time in partnership with
plaintiff, for he had given him notice to dissolve partnership. He could
not say that he said one word in that notice about the Packet Boat Inn,
and he could not say he was a partner as the thing stood. He gave
plaintiff no personal notice.
Mr. Harrison here asked His Honour to protect the defendant, who was
without a legal advisor, when Mr. Minter said “If you don't know what
decency is, Mr. Harrison, I must teach you. It is very improper for a
Registrar to attempt to influence the decision of the court”.
His Honour remarked that Mr. Minter was very rude to him, as he was
speaking to Mr. Harrison.
Mr. Minter begged His Honour's pardon; he did not intend to be rude to
him personally.
His Honour again said it was rude, and he should be inclined to dismiss
the case if it was repeated.
Mr. Minter then said he should withdraw the case from the court at once,
and ordered his client out of court.
His Honour told plaintiff to stay, and was about to put a question to
him when Mr. Minter said plaintiff was not bound to answer as the case
was out of court. He had the power to withdraw the case, and he did so,
with the intention of taking it to another court.
The case was then struck out.
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Folkestone Chronicle 28 October 1865.
Notice. In Chancery.
Between Alfred Rayment, Plaintiff, and John Whittingham Boorn, Defendant.
I, the undersigned, Alfred Rayment, hereby give notice that an
injunction was on the 25th day of October inst. awarded by the High
Court of Chancery, to restrain the defendant, John Whittingham Boorn, of
the Packet Boat Inn, Radnor Street, Folkestone, his servants and agents,
from further interfering or intermeddling with any of the joint or
common partnership property of myself and the said John Whittingham
Boorn, without my concurrence. And I further give notice that the said
John Whittingham Boorn has no authority or power to sell, deal with, or
dispose of such property, or to receive any monies now due, or which may
hereafter become due in respect of the said partnership property, but
that all such monies may be paid to Mr. George Brickman, of the Sandgate
Road, Folkestone, Auctioneer, who is directed to receive such monies,
and to hold the same for all parties interested, and not to part with
such monies unless under the order of the Court of Chancery.
And I give further notice that the partnership property consists of the
Fishing Boats – Harold, No. 55; Alexandra, No. 64; Sea Gull, No. 52;
Packet Boat or Margaret Ann, No. 63; Industry, No. 61; Blair Athol, No.
65; Castor, No. 31; Mary Jane, No. 13; Spratter, Grace, No. 43;
Elizabeth, No. 10. Hall's Punt, and a Pleasure Skiff, and the Nets, Gear
and Tackling belonging thereto. The debts due. A Horse and Cart used in
conveying fish. The Public House in Radnor Street, known as the Packet
Boat, and the Goodwill and Licences, and Stock in Trade, and the
household furniture and effects therein. A Refreshment Booth. Two
Freehold Houses in the rear of the Packet Boat Inn, and the rents
thereof. The Piece of Land opposite the Packet Boat, and all the
Workshops, Fittings, Timber, Tools, and Materials thereon, and certain
Timber and other Materials on ground near Dover Street.
And lastly, I again give notice that on the 12th day of July, 1865, the
partnership which up to that time subsisted between myself and the said
John Whittingham Boorn was dissolved.
Dated this 27th day of October, 1865,
Alfred Rayment.
We confirm this notice,
Brockman and Harrison, Solicitors, Folkestone.
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Folkestone Observer 5 October 1866.
Coroner's Inquest.
An inquest was held at the Packet Boat inn on Saturday, by John Minter
Esq., coroner, on the body of George Thomas Vye, who had hung himself in
the Lord Warden steamboat, lying on the slip under repair. The jury,
having inspected the body and place at which it was found, returned to
the inn and heard the following evidence.
William L. Earnshaw, superintendent of the Company's workshops,
identified the body as that of George Thomas Vye, who was a shipwright
apprentice in the employ of the South Eastern Railway Company. He had
been in their employment about three years and a half. Saw him yesterday
about ten minutes past one in witness's office in the shop. He was there
to receive his weekly pay. Mr. Lyall paid him the money, 7s 6d, and
witness took his signature. He then left. He had come to work again in
the afternoon at two o'clock. If he had wanted a holiday he should have
asked witness. He did not ask. About five minutes past two, saw two of
the men running from the yard, and enquiring the cause, witness was told
that George had hung himself in the forecastle of the Lord Warden. Went
there immediately. Thomas Grayland had taken him down from where he was
hanging and was passing him on deck. When they got up there Richard
Cullen gave witness the paper produced.
“To whoever finds me – I have hung myself. It is my mother's doing. All
I have to say is may the Lord pardon me my wicked doing, and take me in
Heaven to him this day”.
Had never observed anything the matter with him before. He was a good
buy, like the generality of boys. Had occasion to speak to him
sometimes, but he never resented it.
Silvester Eastes, surgeon, said yesterday afternoon, at half past two
o'clock, a man named Jenkins came to his surgery and told him a lad had
hung himself at the Company's workshops. He immediately drove down, and
on one of the benches in the Company's shop saw the body of deceased.
Some of the men were chafing the limbs. They had loosened the ligature.
On examining the body he found it presented the usual appearance of
death caused by hanging – face pale, pupil of eye much dilated. There
was a mark round the neck where the handkerchief had been tied. The body
was warm, the limbs getting very cool. The action of the hear and lungs
had entirely ceased, and deceased was dead. He opened the external
jugular vein; there were a few drops of blood only escaped.
Thomas Grayland, a shipwright in the employ of the South Eastern railway
Company, said that on Friday, a little after two, he was on board the
Lord Warden steamship at work. Had occasion to go down to the forecastle
to see about some bolts and the timber they were putting in, and saw the
body hanging to the beam. Called Mr. Poole to his assistance. Deceased
was hanging to a hammock hook. The necktie produced was tied round his
neck and round the hammock hook. It was the necktie he usually wore. His
feet were hanging clear of the beams about two inches. The flooring in
the forecastle was taken up. Lifted deceased up and unhooked the
handkerchief. On laying him down on the locker, some water ran out of
his mouth. On unhooking the upper part of the necktie it became slack
around deceased's neck, and the necktie was not therefore removed. Took
the body into the workshop and the men commenced rubbing him. Found the
paper produced by Mr. Earnshaw on a temporary locker about four feet
from the body, with a wooden wedge to keep it in it's place. Deceased's
slop, waistcoat, and cap were laid on a beam close to his feet. Had
known him since a lad. Had never seen anything strange in his conduct.
He was a very good boy. The soda bottle produced now was near his
clothes.
Frederick Gower, riveter, in the employ of the South eastern Railway
Company, went to the Company's workshops on Friday afternoon at half
past one. Went down into the cabin of the Lord Warden to his work. About
twenty minutes to two deceased came down and commenced moving a piece of
board. He caught sight of witness, and then took a ginger beer bottle
from the bench. Thought deceased was moving the boarding for the purpose
of going down below, and when he saw witness he took the bottle as an
excuse and went on deck. Did not speak to him. Known deceased two or
three months, but had seen nothing strange in his conduct.
John Vye, publican, said deceased was his son. Saw him yesterday. He
came home at one and had his dinner. Witness was lying down in the tap
room. Deceased came in and sat down on witness's usual seat, and witness
said to him – “George” – (the witness was here overcome by his emotion
and obliged to pause for some time). The evening before, deceased told
his mother he was going to the races. She told him she thought he had
better be looking after his business. His mother got up first, and as
witness had hurt his back the day before he continued longer than usual
in bed and called deceased to him and told him he should not go to the
races. After dinner witness said to him “George, I have a word or two to
say to you. You are now a lad 18 years of age, and not very forward in
your business. It would be much better for you to attend to your work
than want to go to all these little spurts that there are. You should
not lose half an hour in your business until you get well accomplished
in your trade, and then you can do as you please”. He made no reply. His
mother then said “George, we have more trouble with you than with all
the rest, and if you don't alter it we shall acquaint your grandfather
with your goings on”. He got up directly afterwards, and took up his
slop from the table and went out of the door saying “It will be some
time before you see me again”. Witness and his wife thought no more of
it than they had thought of other occasions. If he were playing with
other children he would say just the same, but nothing had ever come of
it. Deceased would be eighteen the 18th of next month. If the paper
produced was in his handwriting it was very badly done.
The Coroner then told the jury that that was all the evidence necessary
to be produced. It was for them to say whether deceased killed himself
knowing what he was doing or whether deceased killed himself in a fit of
temporary insanity not knowing what he was doing. He was eighteen years
of age and the law says he was of the age of discretion. The witnesses
all said that they had never seen anything strange in his conduct. It
would seem from the evidence of the father that it was in consequence of
what his mother had said to him that he committed the act. It would be
for the jury to draw their own conclusions. Those of them who had seen
the place that the body was found would know that there must have been
some contrivance to accomplish the act, and the paper produced, Mr.
Earnshaw said, was in deceased's handwriting. It was for the jury to
take all the circumstances into consideration and to give their verdict,
in which twelve of them must be agreed.
Mr. W. Pope, a juryman, said the paper had clearly been written by the
deceased with a carpenter's pencil on a bench as he passed through the
Company's shop on his way to the Lord Warden. He thought the verdict
should be that he killed himself. He did not see how, having regard to
the oath that had been taken, any other verdict could be given.
The Coroner said Mr. Pope must give the other jurors credit for being
guided by as correct judgement as himself. The law said twelve jurors
must agree, and as twelve of the jury agreed to a verdict of temporary
insanity he must accept that verdict.
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Folkestone Chronicle 6 October 1866.
Coroner's Inquest.
An inquest was held at the Packet Boat Inn, Folkestone, on Saturday
morning, before J. Minter Esq. and a respectable jury, on the body of
George Thomas Vye, aged 18, the son of a publican in the town, who was
found hanging in the forecastle of the Lord Warden, one of the
steamships belonging to the South Eastern Railway Company. The following
evidence was adduced:-
William Lawrence Earnshaw said: I am superintendent of the workshops for
the South Eastern Railway Company at Folkestone. I identify the body as
being that of Thomas Vye, who was a shipwright apprentice in the employ
of the South Eastern Railway Company. He had been in the service about
three and a half years. I saw the deceased about ten minutes past one on
Friday, the 28th ult., in the office at my workshops. He came to receive
his pay. Mr. Lyall paid him 7s 6d, his wages, and I took his signature.
If he had wanted a holiday, he ought to have asked. He did not ask.
About five minutes past two o'clock the same afternoon I saw two men
running from the yard. I enquired the cause, and they said George had
hung himself in the forecastle of the Lord Warden. I then proceeded
there, and Thomas Grayling had just taken deceased down, and on passing
him on deck Richard Cullen gave me the paper produced. I have never seen
anything strange in deceased's conduct. A surgeon was sent for
immediately. The paper produced is, I believe, in deceased's
handwriting.
Silvester Eastes said: I am a surgeon, practicing at Folkestone.
Yesterday afternoon, at half past two o'clock, a man named Jenkins came
to my surgery, and told me that a lad had hung himself at the Company's
shop. I saw the body of deceased. Some of the men were chafing the
limbs. They had loosened the ligature. On examining the body I found it
presented the usual appearance of death caused by hanging – face pale,
pupil of eye much dilated. There was a mark round the neck where the
handkerchief had been tied. The body was warm, the limbs getting very
cool. The action of the heart and lungs had entirely ceased. I opened
the external jugular vein; there were a few drops of blood only escaped.
Thomas Grayling said: I am a shipwright in the employ of the South
Eastern Railway Company. On Friday, the 28th ultimo, a little before two
o'clock, I went on board the Lord Warden steamship to work. I went down
the forecastle to see about some bolts and saw the deceased hanging to
the beam. I called Robert Poole to my assistance. The handkerchief now
produced was tied round the deceased's neck and hung on to a hammock
hook. The flooring was taken up and his feet were hanging about two
inches clear of the beam. We lifted him up and the handkerchief came
slack round the deceased's neck as soon as we unhooked him. We then took
the body up into the workshop and the men commenced rubbing him. I found
the piece of paper now produced on the locker with a wooden wedge to
keep it in it's place. (Written in pencil on the paper was: “To whoever
finds me. I have hung myself. It is my mother's doings. All I have to
say is, may the Lord pardon me my wicked doings, and take me in Heaven
with him this day”.) His waistcoat, slop, and cap were laid close to his
feet on a beam. I have never seen anything strange in deceased's
conduct.
Frederick Gower said: I am a riveter in the employ of the South Eastern
Railway Company. On Wednesday I went to the Company's workshops at half
past one o'clock. Went into the after-cabin to my work. Whilst there,
about ten minutes after I had gone down, the deceased came down and
commenced moving a piece of board, and caught sight of me, and then took
a ginger beer bottle as an excuse. He seemed to me as if he intended
getting under the flooring. Deceased then went on deck. I have not known
the deceased more than three months. I have not seen anything strange in
his conduct.
John Vye said: I am a publican. The deceased is my son. He came home to
dinner on Friday about one o'clock, and had his dinner. I was in the tap
room and deceased came in. The evening before deceased told his mother
he was going to the races. She told him he had better be looking after
his business, and in the morning I called him to my bedside and told him
he should not go to the races. When in the tap room yesterday I said
“George, I've a word or two to say to you”. I said “You're a lad now
eighteen years of age, and not being forward in your business it would
be much better for you to attend to your work than to want to go and see
these little sports that are”. I said “You should not lose half an hour
in your business until you get well accomplished in your trade”. I then
said “You can do as you please”. His mother said “George, we have more
trouble with you than all the rest, and if you don't alter, I shall
acquaint your grandfather”. He took his slop and jacket off the table,
and said as he went out “It will be some time before I come in again”.
Deceased was seventeen years and eleven months old.
The Coroner summed up and told the jury it was for them to decide
whether it was a case of felo de se, or temporary insanity. After a
consultation the jury returned a verdict that deceased hung himself
while in a state of temporary insanity.
Mr. Pope, one of the jury, said he did not agree with the verdict, as in
his opinion it was a case of felo de se. He asked the Coroner to read
over the oath which the jury had taken at the commencement of the
inquiry.
The Coroner told Mr. Pope he must give the eleven jurymen credit for
honesty and record their verdict as they had given it.
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Folkestone Observer 12 October 1866.
Court of Bankruptcy, London.
5th October 1866 before Mr. Registrar Murray.
Re. J.W. Boorn.
The bankrupt, John Wittingham Boorn, is described as of the Packet Boat
Inn, Radnor Street, Folkestone, Kent, innkeeper, and for some time in
partnership with Alfred Rayment, in Folkestone aforesaid, as boat
owners, boat builders, shipwrights, and general dealers, at Folkestone
aforesaid. His numerous unsecured creditors reside at Ashford,
Canterbury, Dover, and Folkestone, in this county. This was a first
sitting for the proof of debts and choice of trade assignees.
Mr. John Clark (Nicholls & Clark), 9, Cooks Court, Lincolns Inn, filed
the bankrupt's petition on the 18th of last month, and obtained for him
protection from arrest.
The total amount of the bankrupt's indebtedness is £1,517 12s, of which
£857 12s is due to unsecured creditors.
The creditors holding security are thus described viz.: Mr. George Beer,
Canterbury, Kent, brewer, £180, “holds title deeds of a piece of land in
Radnor Street, Folkestone, Kent, of the estimated value of £200”.
Mr. John Minter, Grace Hill, Folkestone, solicitor, “holds secured
mortgage upon the above land; also a mortgage on the lease of the Packet
Boat Inn, Folkestone, which property will not realise more than
sufficient to pay these creditors”.
Mr. James Pledge, auctioneer, £150, “holds bill of sale on all my
household furniture and effects, to secure this amount, which he has
seized and taken possession. Estimated value about £180”.
At this sitting no creditors attended to prove, and accept the office of
trade assignee, and the court fixed the day of 30th day of November
next, at 12 o'clock, for the bankrupt to appear before Mr. Commissioner
Goulburn, for the purpose of passing his examination and applying for
his order of discharge.
Renewed protection from arrest having been granted the bankrupt until
the next sitting (which is also for the proof of debts), the proceedings
terminated.
|
Folkestone Chronicle 13 October 1866.
Court Of Bankruptcy, London, Oct. 5th.
(Before Mr. Registrar Murray).
Re. J.W. Boorn.
The bankrupt, John Wittingham Boorn, is described as of the Packet Boat
Inn, Radnor Street, Folkestone, Innkeeper, and for some time in
partnership with Alfred Rayment, in Folkestone aforesaid, as Boat
Owners, Boat Builders, Shipwrights, and General Dealers, at Folkestone
aforesaid. His numerous unsecured creditors reside at Ashford,
Canterbury, Dover and Folkestone, in this County. This was a first
sitting for the proof of debts and choice of trade assignees.
Mr. John Clark (Nicholls and Clark), 9, Cook's Court, Lincoln's Inn,
filed the bankrupt's petition on the 18th of last month, and obtained
for him protection from arrest.
The total amount of the bankrupt's indebtedness is £1517 12s., of which
£857 12s. is due to unsecured creditors.
The creditors holding security are thus described, viz: Mr. George Beer,
Canterbury, Kent, Brewer, £180 “holds title deeds to a piece of land in
Radnor Street, Folkestone, Kent, of the estimated value of £200”, Mr.
John Minter, Grace Hill, Folkestone, Solicitor, “holds second mortgage
on the above land. Also a mortgage on the lease of the Packet Boat Inn,
Folkestone, which property will not realise more than sufficient to pay
those creditors”, Mr. James Pledge, Leas, Folkestone, Auctioneer, £150,
“holds bill of sale on all my household furniture and effects, to secure
this amount under which he has seized and taken possession – estimated
value about £180”.
At this sitting no creditor attended to prove or accept the office of
trade assignee, and the court fixed the 30th of November next, at twelve
o'clock, for the bankrupt to appear before Mr. Commissioner Goulburn,
for the purpose of passing his examination, and applying for his order
of discharge.
Renewed protection from arrest having been granted the bankrupt until
the next sitting (which is also for the proof of debts) the proceedings
terminated.
|
Folkestone Chronicle 10 November 1866.
Tuesday November 6th:- Before the Mayor, R.W. Boarer and J. Tolputt
Esqs.
John Whittingham Boorn was charged with having on the 5th September,
1865, obtained the sum of £60 from James Pledge, with intent to defraud
him of the same.
Mr. Fox appeared for the prosecution, Mr. Towne for the defence.
James Pledge, auctioneer and estate agent, deposed that in September,
1865, defendant applied to him to advance some money on a bill of sale
of his goods, at the Packet Boat Inn, and for that purpose witness made
an inventory of them. Defendant stated that the bar fittings cost him
£60. Witness asked if a partition belonged to him. Defendant replied
“No, I think not. I think that belongs to the freehold. The mahogany
shelving and plate rack belong to me, but I am not so sure about the
partition”. On the strength of that witness advanced £60 as a first
instalment, and did not discover that the fittings did not belong to
defendant till Mr. Beer, the landlord, distrained for rent about a month
ago.
Samuel Pilcher, clerk to Mr. Minter, deposed to seeing defendant execute
the bill of sale produced, on the 10th September, 1863.
Thomas Thurston, clerk and valuer to Mr. George Beer, of Canterbury,
deposed to making an inventory and valuation of the house, trade
fittings, fixtures, and stoves in September, 1863, and afterwards paying
defendant for them by cheque.
In answer to Mr. Towne: It was understood at the time that Boorn might
re-purchase the same for £40.
By Mr. Fox: The defendant has never paid the £40.
George Beer, brewer, of Canterbury, deposed that he purchased the trade
fittings and fixtures of defendant in September, 1863, and he had not
sold or parted with them since.
For the defence, John Minter, solicitor, who drew up the bill of sale,
and George Brickman, auctioneer, who sold the goods were called, but the
bench decided that a prima facie case had not been made out and
dismissed the charge.
|
Folkestone Observer 10 November 1866.
Monday November 5th:- Before the Mayor, R.W. Boarer and James Tolputt
Esqs.
Charge of obtaining money under false pretences.
John William Boorn was charged with obtaining the sum of £60 of Mr.
James Pledge on false pretences.
Mr. Fox, Dover, appeared for the prosecutor, Mr. Towne, Margate for the
defendant.
Mr. Fox opened the case by remarking that he appeared on the part of Mr.
James Pledge to presecute the defendant on the charge under section 68
of the Larceny Act for having obtained under false pretences, on the 5th
of September last year, the sum of £50, with attempt to defraud. The
short facts of the case are these: It would appear from his instructions
that the defendant, requiring an advance of money, went to the
prosecutor and made a representation to him that the fittings of the bar
of a public house, which was then tenanted by defendant, were his
property, and on the faith of the representation Mr. Pledge consented to
advance him this sum of money. An inventory was taken by Mr. Pledge in
the presence of defendant, and which, he contended, was sufficient
evidence of the representation that the fittings in the bar were his
property.
James Pledge, auctioneer, residing in Folkestone, said: In the year 1865
I knew the defendant. He was then living at the Packet Boat Inn, Radnor
Street, in Folkestone. On September 5th, 1865 defendant made an
application to me for an advance of money on a bill of sale. I consented
to advance it. I went down to the defendant's house to make an inventory
and saw the defendant there. When I went into the house Mr. Boorn was
standing in the bar, and in order to induce me to advance the money, Mr.
Boorn said to me “Mr. Pledge, this bar alone cost me £60 to fit up”. I
was then in the bar of the defendant's house. The defendant then stood
at the bar and called the things over to me as I wrote them down in my
book. I produce the book in which I made the entries at that time, and
there are the entries I then made, commencing “John William Boorn,
6-pull beer engine” and the other items down in the book. I took the
whole of the bar first, till we came to the partition, when I said
“Boorn, does that partition belong to you?”. He said “No, I think not. I
think that belongs to the freehold”. He said then “The mahogany shelving
and the glass rack belong to me, but I am not so certain about the
partition”. I completed the inventory. I will not say that it was on the
same day that I paid the money, but that transaction was all within a
day or two. The first instalment was £60. I was induced to make that
advance of £60 on the bill of sale on the bar fittings of the public
house on the fact that they were the property of the defendant. I first
ascertained that the bar fittings were not the property of the defendant
about a month ago, when the landlord put in a distress for rent. A bill
of sale was given to me after I had advanced the £60. (The bill of sale
was here put in).
Cross examined by Mr. Towne: I know nothing about Mr. Boorn being in
partnership with Mr. Rayment. I know nothing about it. I saw an
advertisement some time ago that the partnership between Mr. Boorn and
Mr. Rayment was dissolved. I knew nothing about it at the time of this
transaction. In September 1865 Mr. Boorn was a publican. He had a
herring shop besides, I believe. He was a general dealer. I knew that at
the time. That business was carried on within two or three doors of his
public house. I knew nothing of his fishing business. I knew nothing at
that time about his being connected in fishing boats, general dealing
&c., with Mr. Rayment. I did not go to Mr. Boorn. I knew about the
intended sale of Mr. Boorn's effects in the partnership affair. Mr.
Boorn told me he was going to sell out by-and-by, and then I should be
paid my money. I only advanced my money on those terms. I did not go to
Mr. Boorn to solicit the sale by auction. Mr. Boorn did not offer to
give me security on all his partnership property. Mr. Minter prepared
the bill of sale. I gave Mr. Minter instructions to prepare it. I did
not tell Mr. Minter that Mr. Boorn had offered to give over to me his
interest in the partnership property. I had no security, only what is
contained in that bill of sale. I might not have had other security if I
had liked. I would not have had security on the boats and fishing
business. It was never offered to me. I know that Mr. Boorn's
partnership property has been sold since I had the bill of sale. It did
not concern me at all, and I made no note of it. I don't know what the
value of Mr. Boorn's property was since I had this bill of sale. I know
nothing about it. Well, I won't know, then, if you like; have it your
own way. There is other money advanced besides this £60. So far as I can
remember I have described all that took place on the occasion of this
money being advanced. The first occasion on which I learnt that the bar
fittings were not Mr. Boorn's property was about a month ago. I gave
instructions to my plumber the same day the sale was to remove the beer
engine, and in the evening a man was in possession again. I said “Who
has put him in?”. He said “The landlord”. And so he came away again.
Since then I have been in no communication with Mr. Boorn for the
arrangement of this debt. I have had no conversation with Mr. Boorn
since I made this discovery; I was too disgusted with him. I know Mr.
Goddard, a barber. I have not said that if Mr. Goddard would be
guarantee in this matter I would say nothing about it. When the
execution was put in I said if Mr. Goddard would pay out the man, and if
he had not any money, I would take his acceptance, so that Mr. Boorn
might carry his house on, and the things might not be disturbed. That
was about six weeks ago. I had no opportunity to change my mind; his
friends would not come forward. Mr. Goddard would not pay the rent, nor
give his acceptance. For the things that were left, Mr. Boorn's friends
offered me a sovereign, as an insult. I have also a tent, which I had
some difficulties in tracing, and at last only got it by threatening to
have the parties up. I would take £10 for it, and that is a long way off
£50. I would sell it to you for £10, if you like to buy it.
Samuel Pilcher said: I am clerk to Mr. Minter, and was so in September,
1865. I was present when the deed (bill of sale) was executed, on the
day it bears date, the 16th September. I saw John William Boorn sign,
seal, and deliver the deed. The signature is in his handwriting. The
signature of the attestation “Samuel Pilcher” is in my handwriting. The
signature to the receipt on the back for £150 is also in the defendant's
handwriting and attested by me.
Cross-examined – I have known the defendant some considerable time. I
don't remember the value of the herring business and the boat effects. I
believe Boorn was in partnership with Rayment, and the stock was sold
some little time back, since the bill of sale. To my recollection I have
not heard what the stock produced. I don't know whether it was a
valuable stock. Mr. Brickman sold it. He is in court, I believe. I know
nothing about the stock at the time of the bill of sale being given; I
only attested the bill of sale.
Re-examined – I was not present at the sale.
___ Thurston said: I am clerk and valuer to Mr. George Beer, at
Canterbury. In the year 1863 I received directions to value the fittings
in defendant's house from him to Mr. Beer. The valuation was made on the
17th of September, 1863. I produce my valuation book, which comprises an
inventory of the things that were the subject of the valuation. The
house and trade fittings and fixtures; the bar fittings, the stove
fittings, and, in fact, I believe all the fittings in the house. I
supplied Mr. Pledge with a copy of them. (Mr. Pledge: About a month
ago.) The defendant was afterwards paid for those fittings by me with a
cheque I received from Mr. Beer. The sign of the house was The Packet
Boat Inn.
Cross examined:- The house is open now, and is being carried on by Boorn. He has been carrying on the house from the time I speak of down
to the present time.
George Beer said: I am a brewer, carrying on business at Canterbury. In
September, 1863, I purchased by valuation the trade fittings of the
defendant, in a public house in Folkestone, known as “The Packet Boat”.
I have not since that purchase sold, or parted with, any of those
fittings or fixtures. From September 1863 to the present time they have
been my property.
Cross-examined – What I have had to do with these fittings was done
through my clerk, Mr. Thurston. I have personally had nothing to do with
these fittings.
Thurston re-called – At the time I made the arrangement that I spoke of
about these fixtures it was distinctly understood that Boor might have
them back at any time by payment of the £40.
Re-examined – The defendant never paid the £40 12s 6d that was advanced.
This was the case for the prosecution.
Mr. Towne then said it had fallen upon him to give an answer to the
charge brought against Mr. Boorn. He really believed that the charge
brought would answer itself. It seemed to him that it was a very great
pity that Mr. Pledge had not had more control over himself than to
endeavour to bring forward such a charge as he had. He must say that as
they travelled through the world they lived and learnt, and saw a great
deal of human nature. He thought that it would appear to the bench that
it was a very extraordinary proceeding, taking Mr. Pledge's statement,
for he says that since he found out what he has found out he has
endeavoured to get his money another way. If some Mr. Goddard had
stepped forward to give some bill by which the distress could have been
paid out he was quite at liberty to let this go on, and they would never
have heard that charge. Now he said it was most disgraceful of Mr.
Pledge. Having found out this charge a month ago and tried to get his
money by other means, he came into this court and tried to get an
indictment for false pretences. He did not think Mr. Pledge came with
very clean hands, or very modest countenance, to the bench. After that
he thought it was quite open to Mr. Boorn, through him (Mr. Towne), to
point out the effect of the proceeding. Mr. Pledge's object had been to
get a friend to come forward and pay the money at the last moment, and
if the case should go further, he would hope to get his money before it
came to trial. He (Mr. Towne) did not think the bench would assist him.
It was a very shallow case, and he would never get the ship into port.
Mr. Pledge gave his evidence, and he (Mr. Towne) had not heard any false
pretence in the case, none at all. He must make one observation. The
bench saw, when he was endeavouring to elicit a little bit of candid
information from Mr. Pledge, Mr. Pledge would not wait for his question
– “Oh, no, I know nothing about that”. As the law stood at present, Mr.
Pledge had the means of sharping his own statement. The time might come
probably when Mr. Boorn's mouth would be opened. Mr. Boorn would give a
very different statement. He (Mr. Towne) asked Mr. Pledge if he had gone
to Mr. Boorn; Oh, no, he would not condescend to go to Mr. Boorn; Mr.
Boorn came to him. Mr. Boorn could not contradict that, but he (Mr.
Towne) knew as a fact that a greater untruth was never uttered. Then
they had heard Mr. Pledge say that at the time he lent the money he knew
nothing about the partnership, but at last he was obliged to admit that
there was a partner, Mr. Rayment. That was very uncandid. He was afraid
that as far as Mr. Pledge's evidence was concerned it placed him in a
difficulty as to answering that part of the case about his not knowing
Mr. Boorn had a partner. He understood from Mr. Pledge's own evidence
that Mr. Minter was the solicitor who had this business in hand. He saw
Mr. Minter before him, and he could not help asking Mr. Minter what he
knew about the bill of sale, and so far as he (Mr. Towne) was informed
he would have a very different tale. But whether Mr. Boorn went to Mr.
Pledge, or Mr. Pledge to him, he described exactly the situation he was
in, and informed Mr. Pledge that if he would let him have a sum of money
there was a very good sale coming on and he should have it, and with the
expectation of having that sale, and with that expectation alone, Mr.
Pledge agreed to let him have some money to help him out of his
difficulties, to pay his rent. The sale would include the partnership
property, and Mr. Pledge was to have the sale of the property. That was,
Mr. Pledge was informed distinctly that he had a right to half the
partnership property, and that he was willing to give a security upon
the partnership property, and upon the house, and that he went away with
the full understanding that he might pick and choose whatever security
he liked, but under Mr. Minter's advice he would have nothing to do with
the partnership property; and he might have had security to £300 if he
had chosen to take it, but he chose to take it in the form before them.
If he (Mr. Towne) satisfied the bench that he might have security of
£300, that was an answer to Mr. Pledge that Mr. Boorn did not intend to
defraud, which was the very essence of the complaint. Did Mr. Boorn
intend to defraud Pledge at the time that he had the £60 he spoke of? He
could not have intended to defraud if he had the £300 – and he might
have had the £300 security if he liked. He must call Mr. Minter to prove
that, however reluctant Mr. Minter might be to give evidence. Then there
could have been no intention to defraud. Mr. Pledge lent his money upon
the bill of sale, having his eye to his own business, having an eye to
the sale that was coming off. He (Mr. Towne) might have taken a shorter
way with the case by saying it was a case that the law would not take.
Mr. Fox could not succeed. Mr. Pledge said he lent the money upon the
bill of sale, then what does the bill of sale say? It says Mr. Boorn
assigns over all the estate of him, the said John Boorn therein. Of
course he assigns over all the estate and interest therein. And then Mr.
Boorn goes on to covenant that he has a good title. Well then, if Mr.
Boorn has not a good title, Pledge must bring his action upon the bill
of sale. There is a case where a person sold to the prosecutor his
reversionary interest, and the prosecutor took an assignment of it; and
it appeared that he had previously had some money of another; and being
indicted for obtaining money on false pretences, the judge held that he
could not be properly convicted. The judge went on to say that if a man
sells the house and has had a title to it, he always says he has a good
title to it; and if it turns out that he has no house at all, is he to
be indicted for obtaining money on false pretences? Well, in this case
Mr. Pledge has bought some bar fittings, and he also takes covenant that
if Mr. Boorn has no right to sell then he has to take his action upon
it. Then what evidence is there at all that Mr. Boorn had no right to
sell these things, which, as Mr. Pledge puts it, is the head and front
of the offence? From the evidence it is quite the contrary. It is shown
that these fittings were the property of Mr. Boorn, taht he had had them
for several years, and they were his property. How is it shown that they
were not his property? To transfer these goods it requires a document
such as the bill of sale. They are in fact Mr. Pledge's property. There
was no delivery. After Mr. Beer had given his money for the goods it
required a document such as the bill of sale. Mr. Boorn had no doubt an
honest right to tell Mr. Pledge that the bar fittings were his. As the
sale was imminent, of course Mr. Boorn would naturally deal with all the
property about the house, and consider them as his own, and when Mr.
Pledge should be called on to take this large sale then Mr. Boorn would
have a settlement with Mr. Beer and nobody would have had a word of
complaint whatever. In point of law – and he had referred to a case
which shows it – upon an indictment a charge of false pretence will not
lie; and in point of fact the property never has been assigned to Mr.
Beer at all; and in point of truth Mr. Pledge never lent his money on
the pretences he says. He should call evidence to show that Mr. Pledge
need never have had security on the fittings of the Packet Boat, but
that he might have had £300 worth of property as his security.
John Minter said: I prepared the bill of sale. Before preparing it I saw
Mr. Pledge. I know Mr. Boorn. I knew that Mr. Boorn had other property
besides what is mentioned in the schedule, partnership property. Mr.
Pledge called upon me and said that Boorn had made application to him
for advance of money on a bill of sale, and had offered as a security
the whole of the fishing boats, boat builder's shop, and the effects of
the Packet Boat. He said he was willing to make the advance provided
that the anticipated sale of all the effects could be guaranteed to him.
I told him that I could not guarantee the sale, inasmuch as Mr. Rayment
would have quite as much right to appoint the auctioneer as Mr. Boorn,
and I told him that he had better take his security upon the effects in
the Packet Boat, because Rayment and Boor were disputing about the
partnership accounts. He subsequently called upon me, and said he was
satisfied with the Packet Boat effects, and instructed me to prepare the
bill of sale, which I did. Undoubtedly I might have had an assignment of
Boorn's share in the partnership effects if I had liked. Mr. Pledge
distinctly told me that his object in advancing the money was to have
the sale. Mr. Pledge informed me at my office since the landlord claimed
the fixtures. Boorn and Pledge met at my office for the purpose of
seeing how Pledge's claim could be paid. Some very angry words took
place between them. Pledge asserted that Boorn had told him that the
fixtures belonged to him and Boorn as stoutly denied that he had said
so. Pledge then stated that he was willing to wait a month or so for the
payment of the amount of his bill of sale, abd would pay out the
distress for rent which was then in, provided that Boorn could obtain a
guarantee from his brother-in-law Mr. Goddard for the payment of the
then-accruing quarter's rent, and the license fees which were then also
becoming due for the house, so as to keep it open, and if Boorn failed
to produce the money in the course of a month or so Mr. Pledge was then
to realise upon his security by valuation, Boorn agreeing to give up
possession. They then left, and both parties were to see me the next
morning, Boorn to say whether he could get the guarantee, and Pledge to
come to close the business. I saw Mr. Pledge the next morning and told
him Mr. Goddard was willing to give the required guarantee, the he said
he had altered his mind and would let the sale go on under the distress
for rent. After the sale was over, Pledge called on me and said that the
large booth which was included in his bill of sale had not been sold,
and was not on the premises. He wished me to ascertain from Boorn where
it was, and to say that he requested to have it delivered to him. I saw
Boorn, and he said it had been let to somebody at Cheriton for the
races. He would get it back, and Pledge should have it. A day or two
afterwards Mr. Pledge told me that he had got it.
Cross-examined by Mr. Fox – Some of these conversations took place in
September, and some at a later period. I think that the sale took place
on the 3rd of October, or the 4th; whichever it was I saw Mr. Pledge in
the morning at half past nine and the sale took place in the afternoon.
The conversation did not take place before the sale.
Re-examined – The bills came out in the morning at nine o'clock, and the
sale took place in the afternoon, and the things were squandered and
sacrificed. They had been held over under the distress for rent beyond
the five days, while Mr. Pledge and Mr. Boorn were negotiating as to
what was to be done with the property.
George Brickman said – I am an auctioneer. I sold the partnership
effects of Rayment and Boorn about six weeks ago. The boat property
realised about £450. I am not subpoenaed here today, and therefore I am
not come prepared. The bar fittings I believe had belonged to the
landlord last year. The sale of the furniture was under distress for
rent. We held over. There was a bill out one day, and the goods were
sold the next. They were sold at a very fair price for an auction sale.
Every means were used to give publicity and the sale was very fair.
Cross-examined – After the sale, on the same day, I left this notice
(produced by Mr. Fox) that the furniture, bar fittings &c., were the
property of Mr. Beer. I always understood that. I put in an execution a
year ago and had a notice that the fixtures were the property of the
landlord. I left this notice in the house after the sale. I did not sell
these things. I left it on behalf of my employer, who was Mr. Beer. I
had several conversations with Mr. Pledge. I am not aware that I had any
conversation with him about the fixtures. I have always understood that
the fixtures belonged to the landlord, and so have all parties.
Re-examined – It is more than twelve months since that I have known that
the fixtures belonged to the landlord. Mr. Pledge paid out the execution
twelve months ago. I have no doubt the fixtures came up in conversation
then. It must have been brought to his attention then, as Mr. Beer
claimed those fixtures. I knew it.
Mr. Fox – By permission of the bench I may ask you whether you ever
yourself stated to Mr. Pledge, before the sale of the 4th of October,
whether the bar fittings and fixtures belonged to Mr. Beer or anyone
else?
Mr. Brickman: I knew it must, and before I took a bill of sale I should
have enquired who the fittings belonged to.
Mr. Towne – I have no more witnesses. This is the answer I have to give
this case.
After a brief pause the court was cleared, and the magistrates remained
in consultation more than half an hour.
On the re-opening of the court the Mayor said – The bench came to the
conclusion that a prima facie has not been proved to their satisfaction.
Therefore the case is dismissed.
*** We are desired by the prosecutor in this case to state that though
the amount in question before the court was only £60, advances had been
made to the defendant, under the bill of sale, amounting in all to £120
10s.
|
Folkestone Observer 8 December 1866.
Court Of Bankruptcy, London.
Friday 30th November before Mr. Sergeant Goulburn, D.C.L., Commisioner.
Re. J. W. Boorn.
This was an examination sitting and application for order of discharge
under the bankruptcy of John Whittingham Boorn, described as “of the
Packet Boat Inn, Radnor Street, Folkestone, in the county of Kent,
innkeeper, and formerly in partnership with Alfred Rayment, of
Folkestone, aforesaid, as boat owners, boat builders, shipwrights, and
general dealers, at Folkestone, aforesaid”.
Mr. W.E. Sykes, solicitor, 46, Moorgate Street, represented the official
assignee.
The bankrupt's separate “statement of accounts” was thus summed up, viz.
–
Dr £ s d
To creditors unsecured 302 10 0
To ditto holding security 400 0 0
Total 702 10 0
Cr
By property in the hands of creditors 225 0 0
Deficiency 477 10 0
Total 702 10 0
The partnership accounts disclose the following results, viz. –
Dr
To creditors unsecured 735 10 0
Cr
By deficiency 735 10 0
The bankrupt stated his expenditure to have been £120 per annum for the
two years prior to his bankruptcy. His unsecured creditors chiefly
reside at Folkestone and Canterbury, and the creditors holding security
are thus described, viz. –
Mr. George Beer, Canterbury, Kent, brewer, “holds title deeds and a
piece of land in Radnor Street, Folkestone, Kent, of the estimated value
of £200”.
Mr. John Minter, Grace Hill, Folkestone, £150 “holds second mortgage on
land mortgaged to Mr. G. Beer, also a mortgage on the lease of the
Packet Boat Inn, Radnor Street, which will realise more than sufficient
to pay these creditors”.
Mr. Sykes said that in this case he should require further accounts, as
the bankrupt had made over all his property to a Mr. Pledge and his
brother.
Mr. R. Griffiths, who supported the bankrupt, stated that there had been
a quarrel between the partners, and the bankrupt's partner had filed a
bill in chancery against him, but he (Mr. Griffiths) was afraid he could
not resist successfully the application of Mr. Sykes.
The court then ordered the bankrupt to file a cash, goods, and
deficiency account for eight months prior to the date of the
adjudication, and adjourned the sitting until the 18th of January next,
at two o'clock, with renewed protection from arrest to the bankrupt.
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Folkestone Observer 2 February 1867.
Court Of Bankruptcy, London.
Monday 28th January: Before Mr. Commissioner Goulburn.
Re. J. W. Boorn.
This was an adjourned examination sitting and application for order of
discharge, under the bankruptcy of John Whittingham Boorn, described as
“of the Packet Boat Inn, Radnor Street, Folkestone, in the county of
Kent, innkeeper, and for some time in partnership with Alfred Rayment,
of Folkestone aforesaid, as boat owners, boat builders, shipwrights and
general dealers, at Folkestone aforesaid”.
Mr. W.W. Aldridge, solicitor, Moorgate Street, represented the official
assignee.
The bankrupt petitioned the court on the 18th of September last and
obtained protection from arrest. He attributes his failure to the
following causes, viz: Insufficiency of my profits to meet my expenses
caused by my partner Alfred Rayment having filed a bill in the High
Court of Chancery against me. On the 18th of November the bankrupt
applied to pass his examination upon accounts showing debts £785 10s.,
and deficiency £785 10s. He was then ordered to file a cash and goods
account for 12 months previous to his bankruptcy, and a deficiency
account, and the sitting was adjourned for that purpose, and to enable
Mr. Aldridge to make enquiries into a bill of sale executed by the
bankrupt shortly before petitioning the court.
Upon the case now being called on, the bankrupt did not appear,
whereupon the court ordered an adjournment sine die and of course left
him without further protection.
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Southeastern Gazette 5 February 1867.
Local News.
Court of Bankruptcy, London. Monday: Before Mr. Commissioner Goulburn.
Re. J.W. Boorn: This was an adjourned examination sitting and
application for order of discharge, under the bankruptcy of John
Whittingham Boorn, described as “of the Packet Boat Inn, Radnor Street,
Folkestone, in the county of Kent, innkeeper, and for some time in
partnership with Alfred Rayment, of Folkestone aforesaid, boat owners,
boat builders, shipwrights, and general dealers, of Folkestone
aforesaid”.
Mr. W.W. Aldridge, solicitor, Moorgate Street, represented the official
assignee.
On the 30th of November the bankrupt applied to pass his examination
upon accounts showing debts of £735 10s., and deficiency of £735 10s. He
was then ordered to file a cash and goods account for 12 months previous
to his bankruptcy, and a deficiency account, and the sitting was
adjourned for that purpose, and to enable Mr. Aldridge to make enquiries
into a bill of sale executed by the bankrupt shortly before petitioning
the Court. Upon the case now being called on, the bankrupt did not
appear, whereupon the Court ordered an adjournment sine die, and of
course left him without further protection.
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Folkestone Chronicle 16 March 1867.
Court Of Bankruptcy, London. March 8th.
Before Mr. Commissioner Goulburn.
Re. J.W. Boorn.
The Packet Boat Inn, Folkestone. This was an adjourned examination
sitting and application for order of discharge under the bankruptcy of
John Whittingham Boorn, described as of the Packet Boat Inn, Radnor
Street, Folkestone, innkeeper, and for some time in partnership with
Alfred Rayment, of Folkestone, aforesaid, as boat owners, boat builders,
shipwrights, and general dealers, at Folkestone.
Mr. W.W. Aldridge, solicitor, 46, Moorgate Street, represented the
official assignee, and Mr. R. Griffiths appeared as counsel for the
bankrupt, whose creditors reside at Ashford, Folkestone, Dover and
Maidstone in this county.
The bankrupt had been ordered to file a cash account from the 13th of
September, 1865, to the date of his bankruptcy in September, 1866, and
was adjourned until the 18th of January last for that purpose. On the
latter day he did not attend the court, and, no-one appearing on his
behalf, the sitting was adjourned sine die, and he now came up at his
own expense.
The cash account for twelve months shows a total of receipts and
payments (including £108 2s. for housekeeping expenses) of £457 9s., and
after hearing the respective advocates, the learned commissioners passed
the bankrupt's examination upon the following statements of accounts,
viz.
Partnership Statement Of Accounts
£ s d
Dr. - To creditors unsecured 735 10 0
Cr. - By Deficiency 735 10 0
Private Statement Of Accounts
Dr. – To creditors unsecured 302 10 0
To ditto holding security 400 0 0
Total 702 10 0
Cr. – By property in the hands of creditors 225 0 0
By Deficiency 477 10 0
Total 702 10 0
The bankrupt stated his expenditure to have been £120 per annum for the
past two years.
The creditors holding security are as follow, viz.
Mr. George Beer, Canterbury, Brewer, £180, holds security valued at £200.
Mr. John Minter, Folkestone, Solicitor, holds lease of the Packet Boat
Inn, of no value.
Mr. James Pledge, Leas, Folkestone, Auctioneer, holds bill of sale on
bankrupt's furniture for securing £120, - value of security, £25.
The bankrupt, having sworn to the truth of his accounts, was granted an
unconditional order of discharge, and the sitting terminated.
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Folkestone Chronicle 30 March 1867.
Editorial.
The Fatal Accident At The Harbour.
On reading the evidence given at the Inquest, our readers will doubtless
wonder at two circumstances at least, that appear on the face of it. It
is usual in cases of accident for the jury to go and view the place
where it happened, and when singular facts are elicited, to enquire if
the persons connected with the accident were sober. Neither of these
usual requirements were even suggested. If the jury had gone to view the
place where the deceased fell, they would probably have suggested that
some barrier should be placed across the top of the steps to secure
other persons from a similar accident.
Then again, when they learned that the first witness had actually walked
over the side of the boat into the water on the opposite side to that of
the pier, and then that the deceased, who well knew the place, had
fallen down instead of going up from the landing (although, as the
coroner suggested, she may have been so flurried by the other accident,
that she did not know which way she went), the jury ought decidedly to
have enquired whether the whole party had been drinking or not. If they
had not, there was certainly something remarkable about it. Here are two
women on board the Prince Ernest – against the harbour regulations –
ostensibly for the purpose of scrubbing out the cabin. At seve o'clock,
or a little before, when it is not quite dark, one of the women falls
overboard; the other goes ashore without waiting to see if her friend is
safe or not, and falling, is killed; while her friend, although hearing
the boy call out “Here's mother killed” makes the best of her way home.
As for the husband of the unfortunate woman, Baker, great must be his
regret that his disobedience to orders was the cause of the death of his
wife, as, doubtless but for that, he would have seen her safe to the
pier. At the same time, however, great praise must be given him for his
gallant conduct in jumping into the water to rescue Mrs. Grant.
We should hope after this that more care will be exercised by the
officials whose duty it is to see that the company's regulations are not
infringed.
Coroner's Inquest.
An inquest on the body of the unfortunate woman, Ann Baker, was held at
the Packet Boat Inn, Radnor Street, on Thursday last, before John Minter
Esq., borough coroner.
Capt. Mortleman attended to watch the case on behalf of the South
Eastern railway Company.
The Jury having been to view the body, the first witness called was:
Sarah Grant, wife of Henry Grant, fisherman, Radnor Street, who deposed
that at about seven o'clock on Wednesday evening she was with the
deceased on board the Prince Ernest, then lying alongside the middle
berth in the harbour. They had been to scrub the steward's cabin out:
the vessel was afloat. The husband of deceased was on board, and after
the cabin had been scrubbed out, witness went on deck, leaving deceased
and her husband below. As she was going along the deck she fell
overboard through the gangway, which was open. She was got out of the
water on to the deck again, and heard the deceased on the landing,
making a noise, as though hurt. She did not see deceased, but went home.
William Baker, husband of the deceased, seaman on board the South
Eastern Railway Company's steamer Prince Ernest said he and the steward
were on board on the evening of Wednesday. He was in charge of the ship.
He sent for his wife to bring his tea, and when she came with it, she
offered to scrub out the steward's cabin. His boy, aged fourteen, was
scrubbing the deck. Mrs. Grant went on deck first, after the cabin was
scrubbed out, and when he came up he heard something splashing in the
water, and Mrs. Grant calling “Baker”. He jumped off the sponson into
the harbour, and caught hold of her. Another man named Fleet pulled
alongside in a boat, and the got her on to the landing. Witness was
leading her up the steps, and heard his son call out “Here's mother
killed”, and told Mrs. Grant to go home, as she could do no good. He
went down the landing, and saw his wife lying at the bottom of the
second flight of stairs, not in the water. She was hardly alive. She was
taken home on a chair.
James Brown, steward of the Prince Ernest, was on board the steamer on
Wednesday evening, and saw the women cleaning his cabin. After Mrs.
Grant fell overboard, on the port side, he held her up with a boat hook,
until Baker rescued her. Mrs. Baker was at this time on the foredeck,
waiting to go on shore, which was communicated with by means of a plank
of 16 in. wide. He saw her safe off the plank on to the landing, and
left her, for which she thanked him. About a minute after, as he was
going down to the cabin, he heard the boy call out “My mother's killed
herself”. He ran ashore and found deceased at the foot of the ladder,
doubled up. The distance she fell was about nine feet: the steps were
not slippery. She must have made a mistake, turned the wrong way, and
fallen down instead of going up on to the pier.
W. Bateman Esq., surgeon, was called about nine o'clock on Wednesday
evening to see deceased, whom he found lying on a sofa, with a great
deal of blood about her. She was dead, but no-one seemed to be aware of
it, as he was called to see her “on account of her having hurt her
head”. On examination he found no external wound, but a great deal of
bleeding from the left ear and a fracture on the left part of the
parietal bone, extending from the vertex down to the ear, and he had no
doubt that there was an extensive fracture at the base of the skull,
from the quantity of blood exuded from the ear. Death was therefore
doubtless cause by fracture of the skull, and would be almost immediate.
Captain Mortleman stated that if Baker had not disobeyed his orders the
accident could not have happened, as no woman is allowed aboard at
night, and nor person belonging to the crew, or any other, is allowed
there without first hailing the ship; and the man in charge has then to
bring a light to show the way. Baker was well aware of this and ought to
have carried out his instructions.
The coroner summed up, remarking that it was a great pity the
regulations of the company had not been carried out, and suggested it
was caused by Mrs. Grant falling overboard, that having agitated Mrs.
Baker so that she did not know which way she turned.
The jury returned a verdict of Accidental Death.
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Folkestone Observer 30 March 1867.
Inquest.
An inquest was held at the Packet Boat Inn on Thursday, before J. Minter
Esq., on the body of Ann Baker, who met with her death under the
circumstances detailed in the following evidence.
Sarah Grant deposed: I am the wife of Henry Grant, a fisherman. I went
last night with the deceased on board the Prince Ernest steamer to scrub
out the cabin. After we had finished scrubbing I went on board for the
purpose of going on shore and I went to what I thought was the gangway,
and fell overboard into the harbour. William Baker, the husband of the
deceased, jumped overboard into the water and caught hold of me, and he
and some other person got me into the landing. Whilst going up the steps
I heard Baker's son call out that his mother was dead. Baker sent me
home.
William Baker deposed: I am a seaman on board the boat The Prince
Ernest, and deceased was my wife. Yesterday evening she came on board
with Mrs. Grant. I was about scrubbing out the cabin. My wife and Mrs.
Grant offered to do it. They scrubbed out the cabin and after asking
whether there was any other scrubbing to be done, Mrs. Grant said
Goodnight, and went up the companion to go on deck. I followed, and my
wife was following me. Directly I got on deck I heard a splash, and Mrs.
Grant calling out “Baker”. The cries came from the water, and I jumped
overboard and caught hold of Mrs. Grant. Some other man then brought a
punt and I got in and helped Mrs. Grant in, and then onto the landing.
Whilst going up the landing, I heard my boy call out “Oh! Here's mother
killed”. I told Mrs. Grant to go home, and went down the steps, and at
the bottom I found my wife lying dead.
James Brown deposed: I am steward on board the Prince Ernest. Last
evening I saw Mrs. Grant come on deck and disappear suddenly. I got a
boat hook and, finding her in the water, I hooked hold of her clothes.
Baker at the same time jumped overboard and caught hold of her. A man
named Fleet pulled a punt to the spot, and she was got onto the landing.
I then turned and saw deceased, who was going on shore. I said “Let me
hold you across this plank”, and I did so and left her safely on the
landing. She thanked me and said goodnight. I then went to my cabin, but
I immediately heard Baker's boy call out “Mr. Brown, my mother has
killed herself”. I immediately went on to the landing and saw deceased
lying at the bottom of the steps, doubled up. I believe she was quite
dead. I believe the deceased mistook her way and turned to the right
instead of the left: if she had turned to the left she would have gone
upstairs, but turning to the left she fell downstairs, a distance of 10
or 11 feet.
William Bateman deposed: I am a surgeon practicing at Folkestone. I was
sent for last evening to see a woman who had cut her head. I went to
thje deceased's residence. I found her lying in the lower room on a
sofa, with a great deal of blood about her. Upon looking at her head, I
found that deceased was dead, and I have no doubt that death was
instantaneous. There was no external wound, but a great deal of bleeding
from the left ear. There was a fracture at the posterior part of the
left parietal bone, extending from the vertix down to the ear. I have no
doubt there was an extensive fracture at the base of the skull.
The Coroner enquired if Baker's son was in attendance, and upon being
sent for he stated that he saw Mr. Brown help his mother on shore, that
he did not see his mother fall, but heard her fall, and then called out.
Capt. Mortleman said that he attended on behalf of the South Eastern
Company, and wished to explain that if the Company's orders had been
obeyed the unfortunate accident would not have occurred. The orders were
that no women were to be allowed on board after dark, and that no-one
should be allowed to come on board without first hailing the ship, and
then a light would be shown to enable a person to come on board in
safety, and a light would also be shown on leaving. Baker was perfectly
aware of the orders, and he had not ought to have had his wife on board.
The Coroner summed up and the jury immediately returned a verdict of
Accidental Death.
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Southeastern Gazette 2 April 1867.
Inquest.
On Wednesday evening a fatal accident happened on the south side of the
S.E.R. Company’s Harbour. It appears that a seaman, named William Baker,
was left in charge of the Prince Ernest, cargo boat, and the steward,
Mr. Brown, was also on board. Baker’s wife and a woman named Sarah Grant
had be«n scrubbing out the steward’s cabin, and on leaving a go ashore
Mrs. Grant walked off the boat into the water, and while Mr. Brown and
Baker were getting her out Mrs. Baker went ashore and fell down one of
the flights of steps on the bottom landing, where she was picked up
dead.
An inquest was held at the Packet Boat Inn, Radnor Street, on Thursday,
before J. Minter, Esq., when Capt. Mortleman attended on behalf of the
Company. The medical evidence showed that deceased died from from
fracture of the skull, and a verdict of “Accidental death” was returned.
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Folkestone Observer 11 July 1868.
Wednesday, July 8th: Before Captain Kennicott and James Tolputt Esq.
This being a Special Sessions for granting Alehouse Licenses, &c., the
following business was transacted.
The license of the Packet Boat Inn was transferred from Mr. J. Boorn to
Mr. J. Fagg.
Note: More Bastions lists Richard Boorn at this time, and has no mention
of Fagg.
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Folkestone Express 11 July 1868.
Wednesday, July 8th: Before Captain Kennicott and Alderman Tolputt.
A special sessions for the transferring of licenses was held in the Town
Hall on Wednesday.
The following business was conducted:
John Fagg, of the Packet Boat, for transfer of license from John Boorn –
Granted.
Note: Fagg is not listed in More Bastions, and it also lists Richard
Boorn as being there in 1868.
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Maidstone Telegraph 6 February 1869
BANKRUPTS.
To surrender in the County.
BOORN, John Whittenden, Seagate-street, Folkestone, Kent,
wheelwright, February 17th, 1869.
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Folkestone Chronicle 27 February 1869.
Wednesday, February 23rd: Before Captain Kennicott R.N. and S. Eastes
Esq.
License of the following house was transferred at a special sessions:
The Packet Boat to Robert Smith.
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Folkestone Observer 27 February 1869.
Tuesday, February 23rd: Before Captain Kennicott R.N. and S. Eastes Esq.
Robert Smith applied for a transfer of the license to sell excisable
liquors at the Packet Boat Inn, Radnor Street. Granted.
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Folkestone Express 27 February 1869.
Wednesday, February 24th: Before Captain Kennicott R.N. and S. Eastes
Esq.
Transfer of License.
Packet Boat Inn – Robert Smith applied for transfer of license in this
house. Granted.
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Southeastern Gazette 1 March 1869.
Transfer of Licence.—The following licence was applied for on Wednesday
and granted:—R. Smith, for the Packet Boat Inn.
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Southeastern Gazette 29 March 1869.
County Court.
This Court was held on Monday, at the Town Hall, before W. C. Scott,
Esq., Judge.
J. W. Boorn, a bankrupt, came up for his last examination, Mr. Minter
supported the application.
Mr. Banks opposed; but his account had not been properly proved before
the official assignee.
Mr. Minter said the court levied a distress on the goods of the
bankrupt, and they realised £267, and after paying the rent and the
broker there remained a balance of £27, which he would pay into court.
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Folkestone Chronicle 24 April 1869.
County Court.
Equity.
Monday, April 19th: Before W.C. Scott Esq.
Geo. Beer v John Minter and George John Graham: This was a suit in which
Mr. Walter Furley (Callaway and Furley), of Canterbury, appeared on
behalf of Mr. Beer. He said that Mr. Graham was the official assignee of
John Boorn, who was bankrupt in 1866, and who had just previously
executed a mortgage to Mr. Minter on a piece of freehold land in Radnor
Street. There was no dispute as to the value of the land – about £150 –
and Mr. Graham had written to say that he claimed no interest in the
property.
A decretal order referring the matter to the registrar of the court was
made, and this concluded the business of the court.
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Folkestone Chronicle 13 May 1871.
Auction Advertisement extract.
To be sold by Auction by Mr. Geo. Brickman, at the King's Arms Inn,
Folkestone, on Thursday, May 25th, 1871, at seven o'clock in the evening
precisely:
Lot 2: All that Freehold cottage or tenement, with the appurtenances
thereto belonging, situate in East Street, Folkestone, and having a
frontage to the street of 21 feet 8 inches (more or less), in the
occupation of George Fagg, as a weekly tenant, at the rent of 2s. 6d.,
the landlord paying all rates and outgoings.
The basement floor of this cottage is now used as part of the Tap Room
of the Packet Boat Inn.
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Folkestone Express 29 May 1875.
Local News.
We have to record a lamentable accident at sea, resulting in the loss of
the lives of two young fishermen, and of the boat in which they were
sailing. It appears that on Thursday, William John Smith, son of Mr.
William Smith, of the Steam Packet Inn (sic), Radnor Street, a fine
young man of seventeen, was engaged in fishing for shellfish in his
father's boat, accompanied by his cousin, John Bullen, of Deal, a
somewhat younger lad. The lads were about three quarters of a mile from
Dymchurch about 3 p.m., when some persons on the shore saw the little
craft capsize under a sudden squall, and disappear. Three or four boats
put off as quickly as possible from Dymchurch, but could find no trace
either of the young fishermen or of their craft.
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Folkestone Express 5 June 1875.
Inquest.
Last week we noticed the fatal accident which befell two young lads, the
son and nephew of Mr. William Smith of the Steam Packet Inn (sic), who
were drowned by the capsizing of a fishing boat off Dymchurch. The body
of William Smith was recovered on the following day by Thomas Pegler, a
fisherman living in East Street, in this town, who in hauling a whelk
pot drew up the body, which had a cork fastened to the waist.
An inquest was held on the body at the Steam Packet Inn on Saturday
evening before Mr. J. Minter, Coroner for the Borough, when the facts of
the accident were stated by Thomas Winderberg, labourer, of Dymchurch.
Deceased's father identified the body, and Pegler proved picking it up.
The jury returned a verdict of Found Drowned.
The body of George Bullen, the other victim of this fatality, was picked
up on Romney Sands on Thursday.
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Folkestone Express 30 October 1875.
Inquest.
About 3.30 a.m. on Saturday morning last the people dwelling in the
neighbourhood of Radnor Street were awakened from their slumber by
hearing loud cries for help. It afterwards turned out that a man named
Alfred Harper, who was lodging at the Oddfellows Arms, was taken with a
fit of delirium tremens, and after striking and threatening to kill a
friend who was sitting up with him, jumped out of a window about twelve
feet from the ground, and ran and threw himself over the quay close to
the border of the South Eastern Railway Company's workshop, into the
harbour. The man, who was a good swimmer, appears to have lost all
power, and was drowned.
The inquest was held at the Packet Boat, Radnor Street, the same evening
at six o'clock, before the Coroner, J. Minter Esq. and a jury.
The first witness called was John Malin, who described himself as a
labourer, living with the deceased at the Oddfellows Arms: I have known
the deceased, whose name is Alfred Harper, about six years. I identify
the body as that of Alfred Harper. He is about forty years of age, and
by trade a tin and wire worker, late of 1, Portland Court, King Street,
Ramsgate. He has been in Folkestone about fourteen days, and lodged at
the Oddfellows Arms, where he continued to reside until this morning.
The deceased has not tasted a drop of intoxicating liquor since last
Monday (the 18th), but previous to that he had been drinking very
heavily. He has not been out of bed since last Monday night (the 18th)
except to have it made by me.
I was sitting up with deceased last night (Friday 22nd). I sleep in the
same room and in an adjoining bed to the deceased. After I had been in
bed a short time I asked the deceased (who was very restless) if I
should light a candle, and he replied “Yes, Jack, light a candle and
come and sit by me”. I did as he requested me, and about half an hour
after he jumped out of bed and began grasping at something he imagined
he saw on the wall, and said “I have got 'em. They have tried to kill me
ever so many times”. I at last persuaded him to go to bed again. He was
not in his senses. About 3.30 a.m. he got up and said “You still watch
me”, and struck me in the face with his fist. After that he asked me to
go out of the room. There was no-one else with him. After I left the
room I stood and held the door, and then I suppose he jumped out of the
window into Radnor Street. The room was on the first floor about twelve
feet from the ground. I left the house after I had been holding the door
about three minutes to go and seek assistance. I think he must have
jumped out of the window while I was going downstairs.
Robert Smith, landlord of the Packet Boat, said: About half past three
on Saturday morning I heard someone calling for help. I jumped out of
bed and looked out of the window and saw a man lying face down and stark
naked under my window. While I was dressing I saw him get up and run and
then jump over the quay into the harbour. The tide was not quite high at
the time. I finished dressing as quickly as possible and ran to the quay
and saw the deceased floating head down in the water near the landing
steps. I ran down and got him part of the way out of the water and
called for assistance. My wife called my lodgers and all four came. We
then got him to the top of the steps and rolled him. We afterwards
brought him into the room and rolled him for one hour but without any
success. There was about seven feet of water when he jumped in.
J. Malin, re-called, said: Soon after deceased struck me he pulled off
his shirt and said “It is no use spoiling good things”, and told me to
keep it in remembrance of him. I then said “You are worth twenty dead
men yet”. Deceased had said he thought he was dying.
Dr. Mercer, a surgeon practicing at Folkestone, said: Last Thursday I
was sent for to see the deceased. He was suffering from a slight attack
of Elrysepsias in the face. I could see by the symptoms he had been
drinking. I prescribed for him and sent some medicine.
On Saturday morning about three or four o'clock I was called and told
the man at the Oddfellows was suffering from delirium. I gave them an
ascetic for him.
About five I was again called and saw the deceased. I recognised him as
the man I had been attending. He was suffering from delirium tremens,
and in my opinion his death was caused by drowning. I examined the body
and found bruises on the skull, face, and chest, but there was no
fracture of the skull.
After a short consultation the jury gave a verdict of “drowned while in
a state of temporary insanity”.
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Southeastern Gazette 1 November 1875.
Local News.
Early on the morning of the 23rd ult., a man named Harper, of Ramsgate,
in a fit of delirium tremens, jumped from a window of the Oddfellows’
Arms, Radnor Street, a distance of 12ft., and afterwards ran on to the
quay, and threw himself into the harbour, and was drowned.
An inquest on the body was held in the evening, at the Packet-Boat Inn,
Radnor Street, when the jury returned a verdict of “Temporary insanity.”
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Folkestone Express 18 December 1875.
Local News.
On Tuesday afternoon a man named William Whitnall, a smith, living in
Queen Street, attempted to commit suicide by jumping from the East Pier
into the harbour. He was observed by a boy, who gave the alarm, and the
unfortunate man was rescued by two fishermen named Richard Taylor and
William Milton. He was taken to the house of Mr. Robert Smith, Packet
Boat Inn, Radnor Street. Though quite insensible, he rallied through the
energetic efforts of Mr. and Mrs. Smith and was able to be removed home.
Though much better, he is still in a very feeble state. We understand
that the unfortunate man, who has been in a lunatic asylum, has for some
time past been in a desponding state.
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Folkestone Chronicle 30 September 1876.
Wednesday, September 27th: Before Ald. Caister, Col. De Crespigny, J.
Tolputt and J. Clark Esqs.
John Gurr, a young man, was charged with feloniously removing a cash box
containing £61 0s. 8d., a solitaire, and coins &c.
Mary Smith, wife of Robert Smith, landlord of the Packet Boat, Radnor
Street, stated that the prisoner had lodged in her house about eighteen
months. On Monday evening she left her cash box in her bedroom; she last
saw it about six o'clock. She had £40 in gold in the box, and one in
silver; added to that there was £24 in the box prior to that; of these
the sum of £5 or £6 was in silver; she locked the box but not the
bedroom door. Prisoner came home about seven o'clock. When he came in he
went straight upstairs to his bedroom, and in doing so he had to pass
her room. He remained about a quarter of an hour. She looked out and saw
him go down, but she did not notice whether he had anything with him. He
came in about half past nine o'clock; he went out again, and came in
about half past eleven o'clock. She saw him then; he went up into his
bedroom, but came down again and asked her to give him a bottle of
ginger beer. When she went to bed she did not notice her cash box, but
she missed it at seven o'clock on the following morning. The prisoner
was in, and she went up to his bedroom door and asked him whether he
happened to be there. He replied “Yes”, but she did not speak to him on
the subject of the cash box until her suspicions were aroused. Just
before eight o'clock she said “Have you taken my cash box?”. He replied
“No”. She then told him that she knew he had got the money, because she
heard that he had been showing it. She asked him to give it up to her,
but he said he had not got it, so she came away and sent for the police.
P.S. Reynolds deposed to going to the Packet Boat and taxing prisoner
with the theft, who, in reply, handed him the stolen property.
The prisoner was committed for trial.
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Southeastern Gazette 30 September 1876.
Local News.
At the Petty Sessions, on Wednesday, John Gurr, a labourer, was charged
with stealing a cash box on Monday evening, containing about £65 in
gold, some rings, and other valuables, from the Packet Boat Inn, Radnor
Street, kept, by Mr. Robert Smith, where prisoner lodged.
It appears that the box was not missed till early on Tuesday morning,
and Mr. Smith, having heard that prisoner had exhibited an unusual
amount of, money on the previous evening at once suspected him of the
theft. When given into custody he handed over the money which he had
secreted about his person. He was committed for trial.
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Folkestone Chronicle 4 November 1876.
Quarter Sessions.
Monday, October 30th: Before J.J. Lonsdale Esq.
There was only one prisoner for trial, Matthew Gurr, bricklayer, who was
charged with stealing the sum of £61 16s. 8d., a cash box, two rings,
two solitaires, and three coins, the property of Robert Smith.
Prisoner pleaded Guilty.
The prisoner asked for mercy, pleading that bad company and intoxicating
liquors had brought him to this sad position.
The Recorder sentenced the prisoner to 12 months' imprisonment with hard
labour.
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Southeastern Gazette 4 November 1876.
Quarter Sessions.
The autumn session was held on Monday, before the Recorder, J. J.
Lonsdale, Esq.
The only case for trial was that of John Gurr, for stealing a cash box
containing gold and other property of the value of £60, from his
lodgings, the Packet Boat Inn, Radnor Street, kept by Mr. Robert Smith.
Prisoner pleaded guilty.
The Recorder said he had committed an offence which subjected him to
fourteen years’ penal servitude, but, as he appeared to have previously
borne a good character, he should only sentence him to twelve months’
hard labour.
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Folkestone Chronicle 7 July 1877.
Inquest.
An inquest was held on Thursday evening at the Packet Boat, Radnor
Street, on the body of Patrick Hickey, who met with his death from
falling down steps leading from East Street to the back entrance of the
Packet Boat Inn. Dr. Mercer stated that he was called to see the
deceased, and found him insensible. The cause of the death arose from a
fall, producing concussion of the brain. Isabella Wilson deposed that
the deceased came out of his house in East Street and went to the top of
the steps leading into the Packet Boat yard. She saw him miss the first
of the steps and then fall over. She had seen him in the afternoon, and
then thought he had been drinking. Corroborative evidence having been
given by another witness, the jury returned a verdict of Accidental
Death.
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Folkestone Express 7 July 1877.
Inquest.
On Thursday evening an inquest was held by the Coroner (J. Minter Esq.)
at the Packet Boat public house, Radnor Street, on the body of Patrick
Hickey, who came to his death by falling down the steps leading from
East Street to Radnor Street.
Mr. Richard Mercer, a surgeon practicing in Folkestone, identified the
body as that of Patrick Hickey, who was a pensioner and bath-chairman.
On the previous evening about seven o'clock witness was called to the
Packet Boat, where he found the deceased sitting in a chair in the
parlour supported by Robert Smith, the landlord, and perfectly
insensible. On examining the deceased's head he found a scalp wound
about two inches in length and extending into the bone on the back
towards the upper part. There was also a bruise on the left side of his
forehead. The landlord told him that deceased had fallen from the back
to the top of the steps leading from East Street into the yard of the
Packet Boat. He was “a little fresh” at the time. Witness had the
deceased removed to his house in East Street, where he lingered in a
state of insensibility till eleven o'clock when he died. The cause of
death was concussion of the brain and a fusion of blood on the brain,
the effects of a fall.
Isabella Wilson, the wife of James Wilson, a labourer living in East
Street, Folkestone, deposed that on the previous evening, between six
and seven o'clock, she saw the deceased come out of his house in East
Street and go to the top of the steps leading into the Packet Boat yard.
He was proceeding to go down the steps when he missed the first step and
fell. She saw someone go to his assistance, and as she was afraid, she
left the spot and did not see any more of deceased. She saw the deceased
in the afternoon and she then thought he had been drinking.
Hannah Harris, the wife of a fisherman living in East Street, nearly
opposite the steps leading to the Packet Boat Inn, stated that she was
standing at the door of her house about half past six o'clock on the
previous evening, when she saw deceased come out of his house and walk
towards the steps. He seemed to stagger a little, but she could not say
whether it was from drink or from his being tired. She knew that he had
had a long walk to Hythe. Just as she was going into her house she heard
the deceased fall, and she ran to the steps and went down. She found him
lying at the bottom on his back and she lifted him up. He was bleeding
very much from the back of the head and was quite insensible. With the
assistance of two of Mrs. Smith's lodgers he was carried into the tap
room of the Packet Boat, and a doctor was at once sent for.
The jury returned a verdict of “Accidental Death”.
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Holbein's Visitors' List 18 March 1891.
Wednesday, March 11th: Before W. Wightwick Esq., Surgeon General
Gilbourne, and W.G. Herbert Esq.
Henry Smith, of the Packet Boat Inn, was fined 5s. and 9s. costs for
having his dog unmuzzled in the Tram Road on the 6th March.
P.C. Nash proved the case.
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Folkestone Chronicle 13 August 1892.
Saturday, August 6th: Before Messrs. J. Clark, J. Fitness, J. Holden,
W.G. Boykett, and Alderman Pledge.
Mrs. Ada Jane Smith, of the Packet Inn, was charged with knowingly
having in her possession 2¼ lbs. of goods, the same being uncustomed
goods. The defendant pleaded Not Guilty.
Mr. Rolt, chief officer of Customs at Folkestone, stated that from
information he received he caused the house of the defendant to be
searched, and in a chest of drawers in one of the bedrooms the officers
found 2¼ lbs. of cigars, upon which duty had not been paid.
Charles S. Jones, a Customs officer, said he went to the Packet Boat Inn
with a writ granted by the Court of Exchequer and searched the house. He
found seven boxes of cigars, each containing 25, in a chest of drawers
in a bedroom. The weight was 2¼ lb.
Mr. Bradley asked what there was to distinguish uncustomed goods from
customed goods.
Witness replied they were foreign cigars, and the onus of proof lay with
the defendant. He spoke to defendant, who first said she did not know
anything about them, and then that it was her son's room. Her son was a
second engineer on board one of the steamers.
The single value duty was said to be £1 13s. 9d.
Defendant said she knew nothing about the cigars. The officers had been
everywhere over the house, and those cigars were found in her son's
room. Her son had his own room, and he had the cigars, she supposed, for
his own use. He told her he had been putting them by for a long time, to
get dry.
Mr. Bradley said she could give evidence if she pleased. She was then
sworn and repeated her statement on oath. She added that the servant
attended to the bedroom.
The Bench asked how many cigars an engineer could bring over.
Mr. Rolt said he would be allowed a small quantity for use on board
ship, but by the Customs Act he was prohibited from removing a single
cigar from the ship without paying duty.
Mr. Bradley said the point for the Magistrates to decide was whether the
defendant knowingly allowed the cigars to be there.
The Bench said the charge was not made out to their satisfaction, and
they therefore dismissed it.
Mr. Bradley: Was Mrs. Smith taken into custody? – Yes.
Mr. Bradley: What was the reason of that? It was a rather harsh thing to
do. Here is a respectable woman, living in the town, taken into custody
on this trumpery charge. Why was she not allowed to remain, and be
summoned? It seems to me a most harsh proceeding.
Mr. Rolt: We knew nothing of her.
Mr. Boykett: Very harsh.
Supt. Taylor said she was only in custody ten minutes.
Mr. Bradley: The indignity was the same. Why, for Heaven's sake, was she
arrested on the trumpery charge? Here is a respectable inhabitant of the
town, and well known, taken into custody. She was not going to run away.
The Chairman: It was very harsh.
Supt. Taylor: What is to be done with the cigars?
Mr. Rolt: We keep those on behalf of the Crown.
Mr. Fitness: Have the Bench no power over it?
Mr. Rolt: No, sir.
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Folkestone Express 13 August 1892.
Saturday, August 6th: Before J. Fitness, J. Pledge, J. Clark, J. Holden
and F. Boykett Esqs.
Mary Ann Smith was charged with having knowingly in her house 2¼ lbs. of
cigars, the same being uncustomed goods.
Mr. Rolt, Customs Officer, said he caused Mrs. Smith's house to be
searched, and in a chest of drawers they found 2¼ lbs. of cigars which
had not paid duty.
Charles S. Jones said he went to the Packet Boat Inn with a writ granted
by the Court of Exchequer, and searched the house, and found seven boxes
of cigars in a chest of drawers in a bedroom. The weight was 2¼ lbs.
Mr. Bradley asked what there was to distinguish the cigars.
Witness said they were foreign cigars, and the onus of proof laid with
the defendant. He spoke to defendant, who first said she did not know
anything about them, and then that it was her son's room. The son is a
second engineer on board one of the steamers.
The single value and duty was said to be £1 13s. 9d.
Defendant said she knew nothing about the cigars. The officers had been
everywhere over the house, and those cigars were found in her son's
room. Her son had his own room, and he had the cigars, she supposed, for
his own use. He told her he had been keeping them a long time to get
dry.
Mr. Bradley said she could give evidence if she pleased. She was then
sworn and repeated her statement on oath. She added that the servant
attended to the bedroom.
Mr. Bradley asked how many cigars an engineer could bring over.
The officer said he would be allowed a small quantity for use on board
ship, but by the Customs Act he was prohibited from removing a single
cigar without paying duty.
Mr. Bradley said the point for the Magistrates to decide was whether the
defendant knowingly allowed the cigars to be there.
The Bench said the charge was not made out to their satisfaction, and
dismissed it.
Mr. Bradley asked: Was Mrs. Smith taken into custody? – Yes.
What was the reason of that? It was a rather harsh thing to do. Here is
a respectable woman, living in the town, taken into custody on this
trumpery charge. Why was she not allowed to remain and be summoned? It
seems to me a most harsh proceeding.
Mr. Boykett: Very harsh.
Supt. Taylor said she was only in custody ten minutes.
Mr. Bradley: The indignity was the same. Why, for Heaven's sake, was she
arrested on the trumpery charge? Here is a respectable inhabitant of the
town,, and well known, taken into custody. She was not going to run
away.
The Chairman: It was very harsh.
Supt. Taylor: What is to be done with the cigars?
Mr. Rolt: We keep those on behalf of the Crown.
Mr. Holden: Have the Bench no power over it?
Mr. Bradley: No, sir.
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Folkestone Chronicle 20 August 1892.
Saturday, August 13th: Before Aldermen Sherwood, Dunk, and Pledge,
Councillor Holden and Mr. J. Fitness.
Henry Smith, an engineer of one of the Channel steamers, was charged
with being concerned in harbouring and concealing uncustomed goods,
viz., 2 lb. 4 oz. of cigars on the 5th inst. The defendant pleaded
Guilty.
Mr. Minter appeared on behalf of the prosecutors, the Honourable Board
of Customs, and he called Mr. C.L. Jones, who deposed to finding the
cigars in a chest of drawers in defendant's bedroom at the Packet Boat
Inn as reported in our last issue. He also stated that the single value
and duty of the cigars was £1 13s. 9d.
Mr. Minter said he contended that the penalty as prescribed by the law
was that the single value and duty should be trebled, but the
Magistrates' Clerk held that it was only the value that should be
trebled, and not the duty.
Mr. Andrews pointed out that that was immaterial in this case as the
Bench had the power of fining a defendant the single value and duty ony
in cases where the value was under £20.
Mr. Jones said the value of the cigars was 10s. per lb., and the duty
5s. per lb.
The defendant said he kept the cigars for his own use. He thought he was
justified in doing what he had done.
The Bench fined the defendant £1 13s. 9d., the value of the cigars, and
11s. 6d. costs.
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Folkestone Express 20 August 1892.
Saturday, August 13th: Before Aldermen Sherwood, Dunk and Pledge, J.
Holden and J. Fitness Esqs.
Henry Smith was summoned for being concerned in harbouring uncustomed
goods – 2 lb. 4 oz. of foreign cigars. The defendant is the son of Mrs.
Smith, who was on the previous Saturday charged with a similar offence
and dismissed.
Mr. Minter appeared for the Customs authorities. He said at the outset
that attention had been called to the remarks that were made at the
hearing of the charge against Mrs. Smith by the Clerk to the
Magistrates, when the officers were out of Court searching for a witness
in another case which was coming before the Bench. The consequence was
they had no opportunity of answering the remark, but he was quite sure
the Bench would allow him to make an explanation. He read the report of
the proceedings which appeared in this journal, and then said he must
take exception to the observations made by the Clerk to the Magistrates
that it was a trumpery charge. It was a very serious charge if it had
been proved, but the Bench did not feel that it was proved, and the
Customs at once submitted to their judgement. At the same time it was a
very serious charge, and not a trumpery one. The Customs had two ways of
dealing with it, either by bringing the parties at once before the
Magistrates, or by issuing a summons. He thought it almost went without
saying that the Customs, in the discharge of their duties, never wished
to act in a harsh manner, and under the exceptional circumstances which
he was going to tell them, they would see there was no pretence for
saying there was any hardship, and that what was done was to accommodate
the lady herself. He rather wondered she did not state what actually
took place. When the officers found those cigars, to which a young
fellow, a son of Mrs. Smith, had pleaded guilty to having in his bedroom
in his mother's house, it was the imperative duty of the Customs
officers to charge someone with the offence with which they, in the
first instance, charged Mrs. Smith – that of harbouring those cigars on
her premises. They would have been guilty of neglect of duty if they had
not directed proceedings to have the matter enquired into. The lady was
in a very hysterical condition when the things were found. He did not
wish to trouble the Bench with her observations. It was for her to show
she did not know they were there. The officer explained to her what must
be done. If he had been her own son he could not have acted in a kinder
manner. He explained to her what he should have to do. He did what Mr.
Bradley said he should have done. He told her he would have to issue a
summons against her and she would have to appear before the Magistrates.
Her reply was “Can't you get rid of this matter without that? Can't you
have it settled at once?” The officer as kindly as possible said the
only way in which she could have it settled was by technically
submitting to an arrest, by going to the police station, and signing a
police bond to appear on the morrow. She said she would rather do that
than wait for a summons. The lady walked up to the police station
herself – not in custody – technically in custody if they liked, and
waited till the officer and the Superintendent of Police came up. She
signed the bail bond and walked home, and was much obliged to the
officers for having done what they could in order that the charge might
be disposed of next day. Then, when it came on the next morning, somehow
or other, it got into the mind of Mr. Bradley, that she had been there
and then arrested and dragged up through the streets. The officers would
have been perfectly justified in doing it. They intended to summon her
in the ordinary way. He thought after that explanation they would say
nobody had been guilty of harsh or unfeeling conduct. The officers, on
the other hand, did everything they could for the lady in order to
facilitate the hearing.
Alderman Sherwood: Then there is an end of it.
Alderman Pledge: Just consider for a moment. This lady, in giving
evidence, said she had no idea they were there. They were in her son's
bedroom, and she knew nothing about them.
Mr. Minter: And you believed her and dismissed the case. We don't
complain. E say that the officers searching and seizing these contraband
goods, it was their duty to summon everybody in the house in order that
the Magistrates should have judicial knowledge of it.
The Magistrates then proceeded to discuss the matter.
Mr. Minter said he was instructed not to press harshly, but there was
the Act, under which the Bench must adjudicate, and which decided what
the defendant must pay. As he had said before, the game was not worth
the candle.
Mr. Rolt, the Customs officer, said the single value and duty was £1
13s. 9d.
Mr. Minter said there was some difference between himself and the
Magistrates' Clerk as to what fines were payable. He contended that the
single value and duty should be trebled. Their Clerk did not agree with
him; he said the value should be trebled, and single duty.
The Magistrates' Clerk said the question would hardly arise in that
case. It was the first offence, and they would hardly press for a heavy
penalty.
Mr. Minter said he was not pressing, but there was the penalty under the
Act.
The Magistrates' Clerk read the Section, from which it appeared that the
Magistrates had discretion, where the amount of value was under £20, to
inflict not less than single value and duty.
Defendant said he had the cigars entirely for his own use, and he
thought he was doing no harm.
Mr. Minter asked for costs, and for his own costs for appearing.
The Magistrates' Clerk said it appeared that his object in appearing was
mainly to make an explanation.
The Bench imposed a penalty of £1 13s. 9d. single value and duty, and
11s. 6d. costs.
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Folkestone Herald 20 August 1892.
Police Court Jottings.
In some of our London contemporaries there recently appeared a
sensational paragraph headed “Harsh Doings In Folkestone”. It related to
the case of a Mrs. Smith, who was charged before the Bench with being in
possession of, or, in legal phraseology, “harbouring” contraband
tobacco, in the shape of 2 lbs. 4 oz. of foreign cigars that had not
paid the requisite tribute to the Customs.
The case against her was dismissed, it being shown that she was an
innocent party, inasmuch as the cigars were the property of her son, who
had left them in his bedroom unknown to her.
During the hearing of the case the Magistrates' Clerk, whose indignation
seemed to have been somewhat strongly aroused, took occasion to advert
in forcible terms upon the harsh usage to which the defendant was put
in, having been, as was alleged, taken into custody, and marched a
prisoner to the police station, instead of being summoned in the usual
way. Hence the uncomplimentary heading to the report of the case in the
London papers.
After all, though, it seems to have been a case of “much ado about
nothing”, for when Henry Smith, the son, was, at the following court,
charged before Aldermen Sherwood, Dunk, and Pledge, and Messrs. Fitness
and Holden with the offence, the doyen of the legal profession who
attend our courts, Mr. Minter, who represented the Customs, put a very
different complexion upon the matter.
Mrs. Smith was not taken into custody in the ordinary sense of the term,
although perhaps strictly speaking she was; that is, she surrendered
herself to expedite matters. When the Custom House officer made the
discovery of the unduty-paid goods, Mrs. Smith, as perhaps was only
natural, became slightly hysterical, and wanted to have the affair
settled at once, and to avoid the delay of waiting for a summons. The
officer, who, said Mr. Minter, could not have treated her more kindly if
he had been her son, pointed out to her that the only way in which that
could be done was by his taking her into custody, and her going to the
police station to sign a bond that she would appear on the following
morning. To this she was only too glad to consent, and Mrs. Smith walked
up, in her own company only, to the station, there entered into the
required surety, and returned home. The Magistrates Clerk also alluded
to the case as a “trumpery” one. This Mr. Minter protested against, as
if it had been proved it would have been a very serious one.
Henry Smith pleaded Guilty, and the Bench imposed a fine of £1 13s. 9d.,
the single value and duty, and 11s. 6d. costs.
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Folkestone Express 9 September 1899.
Wednesday, September 6th: Before Capt. W. Carter, J. Hoad, G. Spurgen,
J. Holden, J. Pledge, W. Wightwick, and T.J. Vaughan Esqs.
An application was made on behalf of Albert Newman for authority to sell
at the Packet Boat Inn. Granted.
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Folkestone Herald 16 September 1899.
Folkestone Police Court.
On Wednesday Mr. Albert Thomas Newman had his authority renewed for the
Packet Boat.
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Folkestone Herald 28 October 1899.
Folkestone Police Court.
On Wednesday the Packet Boat was transferred from Mary Smith to Albert
Thomas Newman.
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Folkestone Chronicle 12 May 1900.
Monday, May 7th: Before Alderman Banks, Messrs. Wightwick and Fitness,
and Col. Hamilton.
Thomas George Harvey, a disreputable and rough-looking tramp, was
charged with being drunk, disorderly, and assaulting the police on the
previous evening.
P.C. Sharp was called to eject the prisoner from the Packet Boat public
house in Radnor Street. After he had been ejected he went along to East
Street and created a disturbance. He was ejected from the public house
at the request of the landlord because he was quarrelling with the
people in the bar. When requested to go away he became insolent and said
he would go when he was ready. He then put himself in a threatening
attitude, and squared up to the constable as if to fight. When taken
into custody he kicked the constable on the right leg. He was afterwards
handcuffed, and with the assistance of other constable, brought to the
station.
The prisoner: Were you not watching me like a cat does a mouse, earlier
in the day, when I was in the eating house?
The constable: No, I had not seen you before.
Will you show the Magistrates the leg you say I kicked?
The constable bared the leg, which showed sufficient evidence of a
ferocious kick.
Albert Thomas Newman, landlord of the Packet Boat, gave evidence of the
prisoner's annoyance, and P.C. Earle corroborated as to his language and
the assault.
Prisoner, in a whining tone, said if the Bench would inflict a fine he
would take the pledge. Their kindness that morning would make a reformed
man of him.
The Chairman said that prisoner's conduct on a Sunday night was
disgraceful. For being drunk he would be fined 5s. and 4s. 6d. costs, or
seven days', and for the assault he would go to Canterbury for 14 days
without the option.
Prisoner now became abusive again and was removed to the cells, politely
intimating to the Magistrates that he would not forget them.
Mr. Reginald Pope produced plans of proposed alterations at the Wonder
public house.
The Chief Constable said he did not propose to oppose the alterations,
which were necessary from a sanitary point of view.
The Bench concurred.
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Folkestone Express 12 May 1900.
Monday, May 7th: Before J. Banks, J. Fitness, and W. Wightwick Esqs.,
and Lieut. Col. Hamilton.
Thomas George Harvey was charged with being drunk and disorderly and
with assaulting the police. He pleaded Guilty to the former, but to the
latter he pleaded Not Guilty.
P.C. Sharp said about 7.50 on Sunday evening he was called to eject the
prisoner from the Packet Boat public house. He did so, and prisoner went
on to The Stade and shouted out most obscene language. Prisoner
answered, when told to go away, “I shall go when I am ready”, and added
“I will tear your ---- face to pieces”, and put himself in a fighting
attitude. He was taken into custody, when he kicked witness on he right
leg, and became most violent, and it was necessary to handcuff him, and
with the assistance of two other constables he was taken to the police
station.
Henry T. Newman, the landlord of the Packet Boat public house, stated
that prisoner went into his house about 7.45 p.m. and used most filthy
and disgusting language. He was ordered to leave, and began to swear at
the customers. A constable was sent for, and a constable came and
ejected him.
In answer to Alderman Banks, witness said he served the prisoner no
beer.
P.C. Earl corroborated the first witness's evidence.
Supt. Reeve asked the Bench to take into consideration the fact that he
was using most obscene language on a Sunday night.
The prisoner said if they let him off he would become a teetotaller.
The Bench fined the prisoner 5s. and 4s. 6d. costs, with the alternative
of seven days' hard labour for being drunk and disorderly, and for
assaulting the police constable he was sentenced to fourteen days'
without the option of a fine.
Prisoner said when leaving the Court, “Thank you, I shan't forget it
either”.
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Folkestone Herald 12 May 1900.
Folkestone Police Court.
On Monday, Thomas George Harvey was charged with being drunk and
disorderly on Sunday night, and with assaulting a constable on The
Stade. The defendant admitted having beer, but pleaded not guilty to the
assault.
P.C. Sharpe deposed that he was called to eject the defendant from the
Packet Boat public house, where he caused a disturbance. He shouted and
used obscene language. Defendant, when asked to go away, said “I shall
go when I'm ready”. He also remarked “I will cut your face to pieces”.
Then he squared at the constable in a fighting attitude, and kicked him
on the right leg. With the help of P.C. Varrier and P.C. Earl he was
taken to the police station.
By the defendant: He was not watching him as a cat watches a mouse.
Mr. A.T. Newman, landlord of the Packet Boat, said that the defendant
came to his place about 7.45, using filthy language. Defendant was
ordered out, but said he would go when he thought fit. He offered to
fight. He was the worse for drink. He sent for the police. Outside he
heard the defendant using filthy language to the constable. He did not
serve the defendant any drink.
P.C. Earl corroborated that the defendant used filthy language and was
very violent.
The Chief Constable said that this was disgraceful conduct in the street
on Sunday, and the man continued his violent behaviour in the cell up to
midnight.
The defendant complained of being shoved about like a piece of dirt. He
had a job at Seabrook, and if the Bench let him off this time he would
be a teetotaller. He could go to work that afternoon.
The Bench fined him 5s. and 4s. 6d. costs, or seven days' hard labour.
As he left the Court the defendant expressed his deep obligation to the
Bench, and promised that he would not forget it either.
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Folkestone Express 3 January 1903.
Wednesday, December 31st: Before The Mayor, Aldermen Vaughan, Penfold
and Spurgen, Lieut. Colonel Westropp, and J. Stainer Esqs.
Thomas Davis and John Banks Pegden were charged with stealing two
rabbits.
Percy Potten, a carter, said his stables were in Dover Road, near the
railway bridge. In the stables he kept seven rabbits. On Sunday, about
6.30, he fed them, and locked the place up. On Monday he returned about
5.15 a.m. and found two of the hutches open. He gave information to the
police, and on the previous evening he went with his employer to the
Packet Boat public house, where he saw prisoners. The prisoner Davis had
previously been in the lodge. The rabbits were valued at £1.
Detective Burniston said about eight p.m. the previous evening he was
with P.C. Bourne in Fenchurch Street, when they saw prisoner carrying a
basket containing two rabbits, partly covered with a piece of paper.
Witness followed prisoner into Radnor Street, and saw them go into the
Packet Boat public house. Witness and P.C. Bourne followed. Witness said
to Davis “Are they your rabbits?” He replied “Yes”. Witness asked where
he got them, and he said “I bought them off a man last Sunday night in
Dover Road”. Witness said he was not satisfied with the statement, and
they would be detained. Pegden said “I lodge with Davis. I do not know
where he got the rabbits. I helped him carry them down tonight”. The
rabbits were identified by their owner. Witness charged the prisoners,
and Pegden said “I know nothing about them”.
The Superintendent said if the Bench were satisfied that a prima facie
case had been made out he would ask them to commit prisoners for trial
at the Quarter Sessions.
The Bench, however, dealt with the case summarily, and sentenced Davis
to two months' hard labour.
As there was not sufficient evidence against Pegden, he was discharged
with a caution.
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Folkestone Herald 7 March 1903.
Adjourned Licensing Sessions.
The Adjourned Licensing Sessions for the Borough of Folkestone were held
in the Town hall on Wednesday. In view of the opposition by the police
to a number of the existing licences extraordinary interest was evinced
in the meeting, and when the proceedings commenced at eleven o'clock in
the morning there was a very large attendance, the “trade” being
numerously represented. Representatives of the Folkestone Temperance
Council and religious bodies in the town were also present, prominent
amongst them being Mr. J. Lynn, Mrs. Stuart, and the Rev. J.C. Carlile.
Prior to the commencement of business the Licensing Justices held a
private meeting amongst themselves. When the doors were thrown open to
the public there was a tremendous rush for seats. The Justices present
were the following:- Mr. W. Wightwick, Mr. E.T. Ward, Mr. W.G. Herbert,
Lieut. Col. Hamilton, Mr. J. Pledge, Lieut. Col. Westropp, and Mr. C.J.
Pursey.
Before proceeding with the business, the Chairman announced that at the
Annual Licensing Meeting the Justices adjourned the renewal of 23 full
licences and five on beer licences, and directed the Chief Constable to
give notice of objection to the owners of the licences of the following
nine houses:- Providence (Arthur F. East); Marquis Of Lorne (William R.
Heritage); Granville (Charles Partridge); Victoria (Alfred Skinner);
Tramway (Frederick Skinner); Hope (Stephen J. Smith); Star (Ernest
Tearall); Bricklayers Arms (Joseph A. Whiting); and Blue Anchor (Walter
Whiting). Since the former sessions the Justices had inspected all the
houses objected to, and considered the course which they ought to pursue
with respect to the same, with the result that they had directed the
Chief Constable to withdraw the notices of objection served by him with
respect of the Victoria, Hope, and Blue Anchor, and to persist in the
opposition to the following:- Providence, Marquis Of Lorne, Granville,
Tramway, Star, and Bricklayers Arms. As regarded the remaining 15 full
licences and five beer licences they would renew the same this year, and
deal with them next year according to the circumstances.
With respect to the Packet Boat, the Brewery Tap, and the Castle they
ordered the back entrances of the licensed premises to be closed within
14 days from this date.
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Folkestone Chronicle 10 September 1904.
Local News.
On Tuesday evening a very large company assembled at the Packet Boat for
the purpose of giving a hearty send-off to Host and Hostess Mr. and Mrs.
Albert Thomas Newman, who are relinquishing their Folkestone house to
take over the Walmer Castle at Dover. During the evening a handsomely
illuminated address was presented to Mr. and Mrs. Newman. The address
bore the signatures of over 100 residents, including the names of many
prominent townsmen.
On Wednesday evening Mr. Newman's successor, Captain Thomas Daniel
Goldsmith, had a grand opening night, and was surrounded (being a
well-known and respected old Folkestonian) by a host of friends from all
parts of the town.
Wednesday, September 7th: Before Alderman Vaughan, Lieut. Colonel
Fynmore, Messrs. J. Stainer and W.C. Carpenter.
The licence of the Packet Boat was transferred from Mr. Albert Thomas
Newman to Mr. Thomas Daniel Goldsmith.
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Folkestone Herald 10 September 1904.
Local News.
There was a large gathering at the Packet Boat on Tuesday evening, when
Mr. and Mrs. Albert Newman, the host and hostess, were presented with an
illuminated address on their departure from Folkestone to the Walmer
Castle Hotel, Dover. The address was signed by over a hundred of Mr. and
Mrs. Newman's friends, who wished them every success in their new sphere
of labour. Mr. Newman suitably responded.
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Folkestone Express 15 April 1905.
Wednesday, April 12th: Before Lieut. Col. Fynmore, and W.C. Carpenter
Esq.
The Bench approved of plans for alterations at the Packet Boat Inn.
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Folkestone Herald 15 April 1905.
Wednesday, April 11th: Before Mr. W.C. Carpenter and Councillor R.J.
Fynmore.
Mr. J.D. Goldsmith applied for approval of a change of plans in the
Packet Boat.
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Folkestone Daily News 16 October 1905.
Monday, October 16th: Before Messrs. W.G. Herbert and J. Stainer.
Sarah Duke was charged with wilfully breaking a square of glass at the
Packet Boat Inn on Saturday night.
Thomas David Goldsmith, the landlord of the Packet Boat Inn, Radnor
Street, said that at a quarter past eleven on Saturday night, after the
house was closed and the door locked, the prisoner came and demanded
admittance, alleging that a man named Harry Webb was lodging there. She
had evidently mistaken the Packet Boat for the Star, as a man of that
name was lodging there. She said if she was not admitted she would smash
the window. Witness took little notice of what she said, and she went
away, but returned and broke a pane of glass in the door with her shoe.
The damage caused was estimated at £2 15s. 0d. Witness gave her into
custody.
Prisoner had no questions to ask, and said it was all a mistake.
The Bench ordered prisoner to pay the damage, £2 15s. 0d., a fine of
10s. and 4s. 6d. costs, or one month's hard labour. She had no money,
and was conveyed to the cells.
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Folkestone Chronicle 21 October 1905.
Local News.
Sarah Dicks, a good looking little woman with a fiery temper, was
charged and pleaded Guilty to wilfully breaking a plate glass window at
the Packet Boat Inn, Radnor Street, valued at £2 15s.
Thomas Daniel Goldsmith, the landlord of the Packet Boat, said that
after his house was closed on Saturday night the woman came to his door,
and enquired for a man named Frederick Wells. Witness told her that no
such man had been to the house. The woman replied that if she was not
let into the house she would smash the window. Prisoner went away, but
in a few minutes returned, and broke the window with her shoe. Prisoner
had evidently taken the Packet Boat for the Star, as the man, Frederick
Wells, was lodging there.
Accused, who had nothing to say, was ordered to pay the damage, £2 15s.,
and fined 10s. and 4s. 6d. costs, or one month.
Mr. Goldsmith let the prisoner down very lightly. He did not tell the
Magistrates that accused bit him through the hand, marks of the bite
being plainly visible.
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Folkestone Express 21 October 1905.
Monday, October 16th: Before W.G. Herbert and J. Stainer Esqs.
Sarah Dicks, a young woman, was charged with wilfully breaking a square
of glass in the door of the Packet Boat Inn, Radnor Street, on Saturday
night. Prisoner pleaded Guilty.
Thomas Daniel Goldsmith, licensee of the Packet Boat Inn, said on
Saturday night, about a quarter past eleven, the prisoner knocked at the
door of the bar and enquired for a man named Harry Webb. Witness told
her he did not know such a man and she had better go away. She replied
if he did not let her into the house she would smash the windows. About
two minutes later he saw her come towards the door and smash one of the
plate glass panels with her boot. Witness detained her until the arrival
of a constable, when he gave her into custody. Prisoner had evidently
mistaken his place for the Star Inn. He estimated the damage at £2 15s.
Prisoner had nothing to say, and she was ordered to pay the amount of
the damage (£2 15s.), and 10s. fine, including costs. In default of
payment she went to prison for one month's hard labour.
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Folkestone Daily News 1 November 1905.
Wednesday, November 1st: Before Alderman Spurgen, Alderman Vaughan,
Councillor Carpenter, and Lieut. Col. Fynmore.
James Robert Featherbe, who appeared with a somewhat damaged face, was
charged with being drunk and disorderly and assaulting the police. He
pleaded Guilty to the first charge, and Not Guilty to the second.
P.C. Minter stated that he was called to the Packet Boat Inn on the
previous evening about 20 minutes past 8 by the landlord to eject the
prisoner from the premises. He was drunk, and refused to leave when
requested, both by the landlord and witness. The assistance of P.C.
Smith was obtained, and he was taken into custody. He used very obscene
language in the presence of a number of women. When taken into custody
he became very violent, and kicked P.C. Smith and knocked off witness's
helmet.
In reply to the prisoner, witness denied that he kicked him first.
P.C. Smith said he was called to the Packet Boat Inn, and found the
previous witness in the act of ejecting the prisoner. He assisted to get
him into the street, when he became very violent, making use of filthy
language in the hearing of a number of children. He was so violent that
it was necessary to handcuff him and remove his boots. Before doing so
he kicked witness on the knee and shin, which were bruised and painful.
Witness showed an abrasion on his shin to the Bench.
Continuing his evidence, P.C. Minter stated that the prisoner was
violent all the way to the station.
Witness denied that the prisoner was kicked.
Prisoner said “When these gentlemen kicked me I thought it was very near
time to kick out at them. They knelt on my head”.
Frederick Featherbe, brother of the prisoner, said the police knelt on
his brother's chest, and acted brutally in “all manners of ways”; in
fact he didn't think they were men at all. Witness offered to assist the
constables, but they said they did not want any of his help. It was
cruel to see the way they served his brother. He concluded his evidence
by remarking “It's a good job I didn't have a drop of drink, or there
might have been worse to go”.
The Bench fined prisoner 5s. with 4s. 6d. costs, or 7 days' hard labour
for being drunk and disorderly, and 10s. with 5s. 6d. costs, or 14 days'
hard labour, for the assault on the police.
Frederick Featherbe, nephew of the previous prisoner, was charged with
attempting to rescue him from lawful custody. He pleaded Not Guilty.
P.C. Minter repeated his evidence in the previous case, and said as they
were proceeding up High Street, followed by a crowd, prisoner rushed up
and seized Robert Featherbe by the scarf, saying “Let 'em have it, Bob,
put it up 'em”. Prisoner took his uncle's scarf away, saying “Now they
won't be able to choke you with it”. He was quite sober. He was
arrested, taken to the police station, and charged.
P.C. Smith corroborated. He said they were followed up High Street by a
howling mob, whi incited the prisoner they had in custody to violence.
The present prisoner was one of the ringleaders, and got hold of the man
in custody, thereby attempting to rescue him. He was therefore arrested.
John Alfred Cook, 37, Fenchurch Street, stated that he saw Robert
Featherbe, who was his uncle, drop his scarf. Prisoner told him to go
quiet, or they would only make it the worse for him. It was not the
prisoner who attempted to rescue.
William Weatherhead, 5, St. Michael's Square, said there was so many
people following the police that he thought they did not know who it was
rushed forward.
The Chairman said the Bench considered it a serious offence. The police
ought to be protected, and it was the duty of the prisoner to assist,
not to obstruct. He would be fined 10s., 6s. 6d. costs, or fourteen
days' hard labour.
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Folkestone Express 4 November 1905.
Wednesday, November 1st: Before Aldermen Spurgen and Vaughan, Lieut.
Col. Fynmore, and W.C. Carpenter Esq.
James Robert Featherbe, a fisherman, was charged with being drunk and
disorderly and assaulting the police the previous night, on The Stade.
Prisoner pleaded Guilty to being drunk and disorderly, but not to the
assault.
P.C. Minter said the previous night at twenty minutes past eight he was
called to the Packet Boat Inn. He there saw the prisoner drunk, who
refused to go out when requested by the landlord and himself. Witness
therefore had to use force to eject him. When he got outside, prisoner
used very bad language, which was not fit for anyone to hear. Witness
then took him into custody, but he became so violent that he had to
obtain the assistance of P.C. Smith. Prisoner kicked that officer, and
also knocked witness's helmet off into the road. All the way to the
police station there was a howling mob round them trying to agitate the
prisoner and also urging others to go for them.
Prisoner alleged that the officers kicked him, but that witness denied.
P.C. Smith said he saw the prisoner being ejected out of the public
house by the last witness, and he also assisted him to take Featherbe to
the police station. Prisoner became very violent, and kicked witness on
the shin, which was bruised and very painful. They found it necessary to
handcuff the prisoner, and remove his boots in order to get him to the
police station.
Prisoner said when the constables kicked him, he thought it was pretty
near time he kicked them.
The Chairman: If you had gone quietly, there would have been no kicking
at all.
Frederick Featherbe said the constables turned the prisoner all manners
of ways. They were not men at all to treat him the way they did. Witness
asked the officers if he could lend them a hand, but they replied that
they did not want any of his help. It was cruel to see how they served
him. It was a good job he had not had a “drop” or else he would have
been on top of them.
Prisoner was fined 5s. and 4s. 6d. costs for being drunk and disorderly,
or seven days' hard labour, and for the assault, 10s. and 5s. 6d. costs,
or 14 days' hard labour.
A nephew of the prisoner, Frederick Featherbe, was then placed in the
dock on a charge of resisting the police while in the execution of their
duty the previous night. Prisoner said he was Not Guilty.
P.C. Minter said when they were half way up the High Street with the
last prisoner, Featherbe came up and got hold of the prisoner by the
back and eventually tore the scarf from round his throat. He shouted to
the man in custody “Poke it up them, Bob. Stick to it. I will help you”.
When further assistance came, P.C. Smith arrested the prisoner, who was
sober.
P.C. Smith corroborated.
Prisoner called two witnesses, named John Alfred Cooke and William
Weller, both of whom stated that the prisoner only picked his uncle's
scarf up, and he did not catch hold of him in any way.
The Chairman said the prisoner was charged with a very serious offence,
and he should have assisted them instead of resisting the police. He
would be fined 10s. and 6s. 6d. costs, or 14 days' hard labour.
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Folkestone Herald 26 January 1907.
Felix.
In the days that are past, when entertainments and “socials” were few
and far between – at least as far as Folkestone was concerned –
occasional “sing-songs” (now dignified by the term smoking concerts)
were often given in Radnor Street, North Street, and other fishing
quarters of the town. These entertainments generally took place on
Saturday nights, and more often than not at some licensed house, every
brick of which, if it would speak, could tell tales of “Smuggler Bill”
or his colleague “Hellfire Jack”. There were no other places for the
audiences (mostly fishermen and sailors) to meet – no “pleasant half
hours” or such-like functions to while away a cold winter's night.
Things have altered now – and perhaps for the better. The “sin-songs”
and “free and easys” are rapidly becoming extinct institutions – the
very sort I allude to are gone never to return. The chief actors, for
the most part, have left this mortal scene.
Let us picture the scene. Take the large room of the Packet Boat in
Radnor Street. It is Saturday night. The fisherman's week's work is
done. His face, after a good “siver” (catch) is beaming with
satisfaction; his complexion resembling almost the colour of the tan
frock he is wearing. The sea air has written health in large letters
over his countenance. And thus these hardy man sit around the festive
board, puffing, perchance, a “churchwarden”, and enjoying, it may be, a
glass of grog, or a pint of “nut brown”, or ginger ale. The chairman,
armed with a wooden mallet, bangs this emblem of authority on the table,
and calls on one of the company to sing. After the ceremony known as
“wetting the whistle” has been duly carried out, our hero probably gives
a rendering of some such ditty as “Wapping old Stairs”, “The Jolly Young
Waterman”, “Black Eyed Susan”, or “The Winding Sheet”. In regard to the
choruses I might adopt the well-known words:
“'Twas a Sat'day night.
The moon was shining bright
The winds had been a'blowing all the day
We were sitting in a ring
And Lor' how we did sing
I reckon they a'heerd us down the bay”.
Yes, the choruses were truly of the roof-lifting order. And didn't these
lusty sons of the sea enjoy it all? In almost a couple of hours the
low-pitched room would be filled with the incense (tobacco smoke), and
it was a case of carving one's way to obtain egress from the scene of
mirth and harmony.
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Folkestone Express 7 December 1907.
Wednesday, December 4th: Before E.T. Ward Esq., Lieut. Col. Fynmore,
W.C. Carpenter, W.G. Herbert, R.J. Linton, and G. Boyd Esqs.
An application was made for a slight alteration in respect of the Packet
Boat Inn was adjourned until the annual licensing sessions.
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Folkestone Herald 7 December 1907.
Wednesday, December 4th: Before Mr. E.T. Ward, Lieut. Col. Fynmore,
Councillors W.C. Carpenter and G. Boyd, Messrs. W.G. Herbert and R.J.
Linton.
Mr. T. Goldsmith applied for sanction to alterations at the Packet Boat
Inn. The question was deferred until the next Licensing Sessions.
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Folkestone Daily News 5 February 1908.
Annual Licensing Sessions.
The Annual Licensing Sessions were held on Wednesday. The Magistrates
present were Messrs. Ward, Herbert, Stainer, Linton, and Leggett.
Mr. James Kent applied for a full licence for the Morehall Hotel, and
also for a beer off licence for the Morehall Hotel.
The Chief Constable read his annual report, which the Chairman said was
very gratifying and satisfactory.
The following licences were under consideration: Railway Inn,
Bricklayers Arms, Eagle Tavern, Railway Hotel, Coolinge Lane, and Packet
Boat.
The licences of the Railway Inn, Bricklayers Arms, Eagle Tavern, Packet
Boat, and Railway Hotel, Coolinge Lane, were adjourned till March 2nd.
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Folkestone Express 8 February 1908.
Annual Licensing Meeting.
Superintendent's Report.
Wednesday, February 5th: Before E.T. Ward, W.G. Herbert, W.C. Carpenter,
and R.J. Linton Esqs., and Lieut. Col. Hamilton.
This report was read by Mr. Harry Reeve, as follows: Gentlemen, I have
the honour to report that there are at present within your jurisdiction
129 premises licensed for the sale by retail of intoxicating liquors,
viz.; Full licences, 78; beer “on”, 9; beer “off”, 6; beer and spirit
dealers, 15; grocers &c., 11; chemists, 7; confectioners, 3; total 129.
This gives an average, according to the census of 1901, of one licence
to every 237 persons, or one “on” licence to every 352 persons. At the
last annual meeting, one “off” licence for the sale of wines and spirits
was not renewed as the business had been discontinued by the licence
holder. One new licence for the sale of cider and sweets was granted,
and three new licences for the sale of wines were granted to chemists.
At the adjourned annual licensing meeting, held in March, five “on”
licences (four full and one beer) were referred to the Compensation
Committee on the ground of redundancy. One full licence was renewed at
the preliminary meeting of the Committee, and at the principal meeting
three of the licences were refused and one renewed. The licences which
were refused were the Queen's Head, Beach Street, Channel Inn, High
Street, and the Perseverance beerhouse, Dover Street. Compensation was
paid in the cases of the Queen's Head and Channel Inn, and the premises
were closed on the 28th of December last. In the case of the
Perseverance Inn, the amount of compensation has not yet been settled; a
provisional renewal of the licence will, therefore, be required until
the amount of compensation has been determined. There are two houses
licensed by the Inland Revenue authorities for the sale of beer in
quantities not less than 4½ gallons, also to sell wines and spirits in
single bottles. These licences can be granted by the Inland Revenue
authorities without a Magistrates' certificate, but only for premises
used exclusively for the sale of intoxicating liquors. Since the last
annual licensing meeting 13 of the licences have been transferred; one
licence was transferred twice. Eleven occasion licences were granted for
the sale of intoxicating liquors on premises not ordinarily licensed for
such sale, and 31 extensions of the usual time of closing have been
granted to licence holders when balls, dinners, etc., were being held on
their premises. During the year ended 31st December last, 125 persons
(110 males and 15 females) were proceeded against for drunkenness; 113
were convicted and 12 discharged. This is a decrease of six persons
proceeded against, as compared with 1906, and a decrease of 58 persons
when compared with 1905. Three licence holders have been proceeded
against for permitting drunkenness on their licensed premises; only one
conviction was recorded by the Magistrates, but this was afterwards
quashed on appeal by the Recorder at Quarter Sessions. One licence
holder, who was convicted just previous to the last annual licensing
meeting for an offence under Section 16 of the Licensing Act, 1872,
appealed to Quarter Sessions, but the conviction was affirmed at the
Borough Sessions held on the 5th April last. I beg to suggest that the
consideration of the renewal of this licence, the Railway Hotel,
Coolinge Lane, be deferred till the adjourned meeting. I have no
objection to offer to the renewal of any of the other licences on the
ground of misconduct, the houses generally being conducted in a
satisfactory manner. The order made by the Bench at the last annual
licensing meeting, that all automatic gaming machines were to be removed
from licensed houses, was at once complied with by the licensees. Eleven
clubs, where intoxicating liquor is sold, are registered in accordance
with the Act of 1902. There are 16 places licensed for music and
dancing, and two for public billiard playing. I would respectfully
suggest that the Committee again refer the renewal of some of the
licences in the congested area to the Compensation Committee to be dealt
with under the provisions of the 1904 Act. I have received notices of
four applications to be made at these Sessions for new licences, viz.;
one full licence and three beer “off””.
The consideration of granting licences to the following licensed houses
was referred to the adjourned licensing sessions; Railway Inn, Beach
Street; Bricklayers Arms, Fenchurch Street, and Eagle Tavern, High
Street, which are to be opposed. The licences of the Railway Hotel,
Coolinge Lane, and the Packet Boat, Radnor Street, were adjourned.
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Folkestone Herald 8 February 1908.
Annual Licensing Sessions.
Wednesday, February 5th: Before Mr. E.T. Ward, Lieut. Col. Hamilton,
Councillor G. Boyd, Councillor W.C. Carpenter, Messrs. J. Stainer, W.G.
Herbert, and R.J. Linton.
The Chief Constable (Mr. Harry Reeve) read his report. (For which see
Folkestone Express).
The Chairman said that it was a very satisfactory report. The Bench were
glad that there was a decrease in drunkenness in the borough, and also
that as a rule all the houses in the borough were well conducted.
The various licensees then came forward for their renewals.
The granting of the licences of the Railway Hotel, Coolinge Lane (Mr.
George Barker), and of the Packet Boat Inn, Radnor Street (Mr. Tom
Goldsmith) was also deferred to the adjourned sessions, but in these two
cases no notice of opposition was given. In the case of the Packet Boat
Inn, the adjournment was to enable the Committee of Justices to consider
certain suggested alterations.
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Folkestone Daily News 2 March 1908.
Adjourned Licensing Sessions.
Packet Boat Inn.
Monday, March 2nd: Before Messrs. Ward, Carpenter, Herbert, Leggett,
Fynmore, Linton, Boyd, and Stainer.
Mr. Mowll said he supported the application of this licence. It was
proposed to alter the premises by taking in a cottage, and prevent any
communication whatever with East Street.
The Chairman said the only objection they had was that a skylight ought
to be placed in the roof.
Mr. Mowll said the windows would be fixed, but if the Bench insisted on
the skylight his clients would see that one was put in.
The Chairman, however, said if the windows were fixed and a certain door
blocked, he thought that would meet all the requirements.
The plans were then passed.
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From the Folkestone Express 7 March 1908.
Adjourned Licensing Sessions.
At the annual sessions the
granting of five licences was
adjourned; The "Railway Tavern," the "Eagle Tavern" and the "Bricklayers Arms"
on the ground of
redundancy, the "Railway Hotel," Coolinge, because a conviction had been
recorded against it, and the "Packet Boat," so that plans for alterations could be submitted to the Justices. |
Folkestone Express 7 March 1908.
Adjourned Licensing Sessions.
The adjourned Licensing Sessions for the Borough took place on Monday,
when the licensing Justices on the Bench were E.T. Ward Esq., Lieut.
Cols. Fynmore and Hamilton, and J. Stainer, W.G. Herbert, W.C.
Carpenter, R.J. Linton and G. Boyd. At the annual sessions the granting
of five licences was adjourned; The Railway Tavern, the Eagle Tavern and
the Bricklayers Arms on the ground of redundancy, the Railway Hotel,
Coolinge, because a conviction had been recorded against it, and the
Packet Boat, so that plans for alterations could be submitted to the
Justices.
The Packet Boat.
At the annual licensing meeting the licence of the Packet Boat, Radnor
Street, held by Mr. Goldsmith, was referred to the adjourned sessions on
account of plans being prepared for structural alterations. Mr. Martin
Mowll, on behalf of the owner, said he appeared to ask the Justices to
approve of plans for certain alterations to improve the premises. He
believed there was one question in respect to that house, and that was
the doorway leading into the yard of an old cottage, the entrance being
from the street at the back. The doorway seemed to have been in
existence a good many years. His clients undertook to have it blocked
up, so that no communication could take place between the occupier of
the cottage and the public house.
The Chairman said the Justices did not agree to the plans because they
did not like the two windows in East Street. Mr. Herbert and himself had
been down there, and the tenant told them he would be satisfied with
skylights.
Mr. Mowll said the windows could be fixed so that they would never be
opened. The Chief Constable had told him that he would have no objection
to that.
The Chairman, after consulting with the other Magistrates, said they
would agree to the plans providing the two things referred to were done.
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Folkestone Herald 7 March 1908.
Adjourned Licensing Sessions.
Monday, March 2nd: Before Mr. E.T. Ward, Councillor W.C. Carpenter,
Councillor G. Boyd, Col. Fynmore, Col. Hamilton, Messrs, W.G. Herbert,
and J. Stainer.
The adjourned Licensing Sessions for the Borough of Folkestone were held
at the Town Hall on Monday morning, when the licences of three houses,
the Railway Inn, Beach Street (Beer and Co.), the Eagle, High Street
(Style and Winch), and the Bricklayers Arms, Fenchurch Street (Ash and
Co.), were referred to the Compensation Authority for East Kent.
The Packet Boat.
Mr. Martin Mowll, on behalf of the owners and licensee of the Packet
Boat Inn, submitted plans for alterations to that house. There was, he
said, a question as to a doorway which communicated with an adjoining
cottage, but if the plans were approved that doorway would be blocked in
such a way that communication would be impossible.
The Bench took exception to certain windows facing onto East Street, but
Mr. Mowll expressed the readiness of the landlord to make the windows
impossible to open, and to make them purely of glazed glass. On the
understanding that these suggestions should be carried out, the licence
was renewed.
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Folkestone Daily News 24 August 1909.
Tuesday, August 17th: Before Messrs. Herbert, Penfold, Spurgen, Vaughan,
Fynmore, and Stainer.
Henry Johnson, on remand, was charged last week, was charged with
stealing three dozen and a half teddy bears, the property of Louis
Freeman.
At the last hearing the accused was remanded in order that further
enquiries might be made. The Chief Constable now said he had a further
charge to prefer against him, and also further evidence in relation to
the first charge.
Richard May said he bought a teddy bear off the prisoner for 2d.
The second charge was now taken, viz., that of stealing two pairs of
tennis shoes.
William Henry Hammerton deposed that he was a gardener, of 1,
Shorncliffe Terrace. He had charge fo the tennis courts on the Plain.
There were two pairs of tennis shoes in the pavilion. On the 13th inst.
they were secure, but on the 16th they were missing. The door had been
forced, the lock laid inside on the floor, and two pairs of tennis shoes
were missing. Later he went to the police station and was shown the
tennis shoes (produced).
William Featherbee said he lived at 12, Warren Road, and was a ship's
carpenter. On the 16th inst. at 8.30 a.m. he was in the Packet Boat Inn
when the prisoner came in with the two pairs of tennis shoes, which he
offered for sale. He asked 2s. 6d. for a pair of them. Witness asked him
if they were his property, and prisoner replied “Everything is fair and
above board”. Witness bought one pair for 2s. 6d., and the next day
witness handed them to the police.
Emily Minter deposed that on the 16th the prisoner came into the Lord
Nelson public house, and had with him a pair of shoes, which he asked
witness to buy. She declined, as they were too large for her. Later she
bought them for 2s. 6d.
P.C. Watson said that at 5 o'clock on the 16th inst. he went to Radnor
Street, where he saw the prisoner being detained by Louis Freeman, who
said he wished to give the prisoner into custody for stealing three and
a half dozen teddy bears. Witness took him into custody, whereupon he
became very violent. Prisoner had in his possession ten teddy bear toys.
On being charged, prisoner replied “All right”. On the 16th last witness
received information of two pairs of shoes being stolen from the lawn
tennis pavilion on the Plain. At 8.30 a.m. on the 17th inst. he went to
the Lord Nelson, Radnor Street, and saw the last witness, who handed him
a pair of shoes. Later in the day he was in High Street when William
Featherbee handed him the other pair of shoes. This morning witness
charged him with stealing the two pairs of tennis shoes, valued at £1,
and he replied “All right”.
Prisoner pleaded Guilty, and said 12 months ago he had an accident to
his head, and as soon as he took anything to drink he did not know what
he was doing. He knew he had been a fool to steal such paltry things,
and said it was through drink.
The Chief Constable said there was a long list of convictions against
the prisoner in different parts of the country.
He was sentenced to six months' hard labour.
The witnesses Featherbee and Minter were severely reprimanded by the
Chairman for buying the stolen shoes.
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Folkestone Express 28 August 1909.
Tuesday, August 24th: Before Messrs. W.G. Herbert and J. Stainer.
Harry Johnson was charged on remand with stealing 3½ dozen mechanical
toys, the property of Jules Freeman.
The Chief Constable intimated that he had an additional witness to call
to complete the case. A further charge would be preferred against
Johnson.
The evidence given at the previous hearing of the case was read over.
Richard John May, a fisherman, of 34, Radnor Street, said on August 16th
he was in the private bar of the Ship Inn, at half past two, when the
prisoner came in. Johnson had a teddy bear top with him. It was in a
box. The prisoner asked him if he would buy it for twopence, and witness
bought it for that amount. As soon as he got it he tried it, but found
it was broken. Later in the day he took the top to the police station
and handed it to P.S. Sharpe.
The prisoner was then charged with stealing two pairs of tennis shoes.
William Henry Hammerton, a gardener, of 1, Shorncliffe Terrace, said he
had charge of the tennis courts and pavilion of Bayham House School, on
the Plain. In the pavilion, which was locked, there were two pairs of
tennis shoes. On Friday evening, the 13th, the pavilion was secure, and
on August 16th, in consequence of what he was told, he went to the
pavilion. The door was swinging home, and the lock, which had been
forced, was lying inside on the floor. Two pairs of tennis shoes were
missing, and he gave information to the police. A day or two afterwards
he went to the police station, where he was shown the two pairs of
tennis shoes produced, which he identified as those left in the
pavilion, and the property of Miss Irene de Tiere, of Avondale,
Shorncliffe Road.
William Featherbe, a ship's carpenter, of 12, Warren Road, said on
August 16th he was in the Packet Boat Inn, Radnor Street, at about half
past eight, when the prisoner came in. Johnson had the two pairs of
shoes with him and offered them for sale. He asked 2s. 6d. for one pair,
and witness asked him if they were his property. He said that everything
was fair and above board, and witness gave him 2s. 6d. for one pair. The
next day he handed the shoes to the police.
Emily Minter, the wife of Albert Minter, the landlord of the Lord
Nelson, Radnor Street, said on August 16th the prisoner came into the
bar, and had the pair of shoes produced with him. He asked her if she
would buy them, but she said she would not, as they were too large for
her. She asked him if they were his property, and he said they were. She
eventually bought them for 2s. 6d. The next day she gave the shoes to
P.C. Watson.
P.C. Watson said at five o'clock on August 16th, from information
received, he went to Radnor Street, where he saw the prisoner being
detained by the witness Freeman, who said “I wish to give this man into
custody for stealing three and a half dozen teddy near toys from the
cellar at the rear of 13, Dover Street”. Witness took him into custody,
when he became very violent. He had ten teddy bear toys in his
possession. He was afterwards charged with stealing the three and a half
dozen toys, and he replied “All right”. Shortly afterwards witness
returned to Radnor Street, where he was handed four more of the toys by
different people. On the same day he received information about the two
pairs of shoes having been stolen. He made enquiries, and at 8.30 a.m.
on the 17th he went to the Lord Nelson, where he saw Mrs. Minter, who
handed him the shoes produced. Later in the day Featherbe handed him the
other pair of shoes. That morning witness charged prisoner with stealing
the shoes, valued at £1.
Prisoner pleaded Guilty to both charges, and attributed his thefts to
drink. If they would give him a chance he would sign the pledge.
The Chief Constable said the prisoner had been convicted in different
parts of the country. There were eight convictions altogether against
him, ranging from twenty one days to twelve months.
The Magistrates sentenced the prisoner to three months' hard labour in
each case, the sentences to run consecutively.
Mrs. Minter and the witness Featherbe were admonished by the Chairman
for purchasing the goods, and were told that they ought to be ashamed of
encouraging thefts by purchasing the articles.
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Folkestone Herald 28 August 1909.
Tuesday, August 24th: Before Mr. W.G. Herbert and Mr. J. Stainer.
Henry Johnson was charged, on remand, with stealing 3½ dozen mechanical
toys.
The Chief Constable explained that the prisoner was before the court a
week ago that day, and was remanded until that morning in order that
further inquiries might be made.
After the evidence of the previous hearing had been read, Richard John
May said that he was a fisherman, living at 34, Radnor Street. On the
16th inst., at 2.30 p.m., he was in the public bar of the Ship Inn.
Whilst he was there the prisoner came in. He had the teddy bear
(produced) with him. It was in the box. He asked witness to buy it for
2d. Witness bought it for 2d. He took it out of the box when the
prisoner left, and found it was broken. Later witness took it to the
police station.
Prisoner was then charged with stealing two pairs of tennis shoes.
Wm. Hy. Hammerton said that he was a gardener, and lived at 1,
Shorncliffe Terrace. He had charge of the tennis courts at Bayham House
School, situated on the Plain. In the pavilion were two pairs of tennis
shoes. The pavilion was locked. On Friday, the 13th inst., in the
evening, he saw that the pavilion was secure. On Monday, the 16th, in
consequence of what he was told, he went to the pavilion and found the
door swinging open. The lock had been forced and lay on the floor
inside, and witness found that two pairs of tennis shoes were missing.
He gave information to the police. Later in the week he went to the
police station and was shown the tennis shoes (produced). He identified
them as the property of Mdlle. Irene de Tere, of Avondale, Shorncliffe
Road.
Wm. Featherbe, living at 12, Warren Road, said that he was a ship's
carpenter. On Monday, the 16th inst., at 8.30 a.m.. he was in the Packet
Boat Inn. Whilst he was there the prisoner came in. He had the two pairs
of tennis shoes (produced) with him. He offered them for sale, and asked
2s. 6d. for one pair. Witness inquired if they were his property, and he
said that everything was fair and above board. Witness bought one pair
for 2s. 6d. The next day he took them to the police station.
Mrs. Emily Minter said that she was the wife of the landlord of the Lord
Nelson public house. On Monday, the 16th inst., the prisoner came into
the bar. He had a pair of tennis shoes with him. He asked witness to buy
them. She refused because they were too long. On being asked whether
they were his property, he said they belonged to his wife. Witness gave
2s. 6d. for them. He left the bar very shortly after. The next day she
gave them to P.C. Watson.
P.C. Watson said that at 5 p.m. on the 16th inst., from information
received, he went to Radnor Street, where he saw the prisoner detained
by the witness Freeman, who said that he wished to give him into custody
for stealing 3½ dozen teddy bear toys from the cellar at the rear of 13,
Dover Street. Witness then took him into custody, and he became very
violent. He had in his possession ten teddy bear toys (produced). He was
afterwards charged by witness Freeman with stealing them. He replied
“All right”. Shortly afterwards witness returned to Radnor Street, where
he was handed four more of the toys by different people. On the 16th
inst., he received information about two pairs of tennis shoes having
been stolen from the lawn tennis pavilion situated on the Plain. At 8.30
a.m. on the 17th inst. he went to the Lord Nelson public house, where he
saw the witness Emily Minter, who handed him the shoes (produced). Later
in the day he was in High Street, where the witness Featherbe handed him
the other pair of shoes.
Prisoner pleaded Guilty to both charges, and said that he owed the
thefts to drink. He asked for a chance, saying that he would sign the
pledge.
The Chief Constable said that prisoner was a stranger to Folkestone, but
had many previous convictions against him.
Prisoner was sentenced to three months' hard labour for each offence,
the sentences to run consecutively, and the Chairman severely censured
those who had received the goods.
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Folkestone Express 8 October 1910.
Wednesday, October 5th: Before W.G. Herbert, G.I. Swoffer, J. Stainer,
R.J. Linton and G. Boyd Esqs., and Lieut. Col. Fynmore.
The licence of the Packet Boat Inn, Radnor Street, was transferred from
Mr. Goldsmith to Mr. Deverson.
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Folkestone Herald 8 October 1910.
Wednesday, October 5th: Before Mr. W.G. Herbert, Alderman T.J. Vaughan,
Lieut. Col. Fynmore, Messrs. G.I. Swoffer, R.J. Linton, and G. Boyd.
The licence of the Packet Boat Inn, Radnor Street, was temporarily
transferred from Mr. Goldsmith to Mr. Deverson.
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Folkestone Daily News 30 November 1910.
Wednesday, November 30th: Before Messrs. Herbert, Stainer, Leggett,
Fynmore, and Linton.
The licence of the Packet Boat was transferred from Mr. T. Goldsmith to
Mr. Deneson (sic).
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Folkestone Express 3 December 1910.
Wednesday, November 30th: Before Mr. W.G. Herbert, Lieut. Colonel
Fynmore, Major Leggett, and J. Stainer and R.J. Linton Esqs.
The following licence was transferred: Packet Boat, Radnor Street, from
Mr. T. Goldsmith to Mr. Deverson.
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Folkestone Herald 3 December 1910.
Wednesday, November 30th: Before Mr. W.G. Herbert, Major Leggett, Lieut.
Col. Fynmore, and Messrs. R.J. Linton and J. Stainer.
The licence of the Packet Boat, Radnor Street, was transferred from
Thomas Goldsmith to Mr. M. Deverson.
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Folkestone Express 19 August 1911.
Tuesday, August 15th: Before The Mayor, Lieut. Col. Hamilton, and W.G.
Herbert, J. Stainer, G.I. Swoffer, and G. Boyd Esqs.
Frederick Hawkins and Martha Pharaoh were charged with using obscene
language the previous evening in Radnor Street. They pleaded Guilty.
P.C. Watson said at 9.45 p.m., in consequence of complaints he received,
he went to Radnor Street. There he saw the prisoners outside the Packet
Boat Inn in a fighting attitude. They were making use of disgusting
language and caused a crowd to assemble. He then took them into custody,
with the assistance of P.C. Fox.
Hawkins said they had had an extra drop of drink, and they commenced to
argue over nothing. They were going to leave the town if the Magistrates
gave them a chance. They promised it should not occur again. That was
the first time they had been in trouble of that kind.
The Chief Constable said the prisoners were two “visitors” staying at
the Radnor lodging house.
The Mayor said Hawkins would be fined 5s. and 4s. 6d. costs, or seven
days' in default. They understood that Pharaoh had a little girl aged
three years, and on that account she would be discharged.
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Folkestone Herald 19 August 1911.
Tuesday, August 15th: Before The Mayor and Messrs. W.G. Herbert, J.
Stainer, G.I. Swoffer and G. Boyd.
Frederick Hawkins and Martha Pharoah were charged with using obscene
language, and both pleaded Guilty.
P.C. Watson stated that at about 9.45 the previous evening, in Radnor
Street, he saw the two prisoners outside the Packet Boat Inn in a
fighting attitude. They were both using filthy language. A crowd had
assembled, consisting chiefly of women and children. As neither would
desist, witness, with the assistance of P.C. Fox, brought them to the
police station.
Hawkins said he was sorry. He and the other prisoner had had a little
too much to drink, and had started quarrelling.
The Chief Constable said nothing was know about prisoners. They were two
visitors staying at the Radnor lodging house.
The Chairman said that Hawkins would be fined 5s. and 4s. 6d. costs, or
7 days', but as he understood the prisoner Pharoah had a child three
years old at home, the case against her would be dismissed this time.
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Folkestone Daily News 10 October 1911.
Tuesday, October 10th: Before Justices Herbert, Stainer, Linton and
Boyd.
Maurice Francis Deverson was summoned for selling beer at the Packet
Boat on the 4th Oct at 11.25, to wit, prohibited hours.
Inspector Lawrence deposed to seeing men enter the house at 11.23 on the
night in question. The lights were full on and he saw defendant serve
three fishermen with a pint of beer for which one paid 1s. and received
the change. Witness saw through the window. He the tried the door, which
was locked. He knocked and the landlord opened the door and he told him
that what he was doing was wrong. Defendant replied that it was not so,
and that he was allowed to serve fishermen who came in from the sea. The
men gave their names and said they belonged to a Brighton boat that was
lying in the harbour. Defendant told the men not to be frightened as the
prosecution had not got a leg to stand on. The inspector knew all about
it. The house had always been permitted to serve fishermen who came in
from sea. The men said they had just returned from sea. The three men
had not been summoned.
P.C. Kettle corroborated the evidence given by Inspector Lawrence.
Mr. Rutley Mowll defended, and argued that there was no offence as the
men were fishermen and in law bona fide travellers.
Mr. Deverson, the landlord, deposed that many fishermen used the house,
and the men were Brighton fishermen who have always used the house. He
gave them the facilities of washing, shaving, and having letters
addressed. The men came in from sea on the night in question. He knew
they had been at sea since the previous morning.
William Taylor, of the “Bonnie Kate” of Brighton, deposed he lived at
Brighton, and was on the mackerel season, coming into Folkestone to sell
the fish. They left the Varne at 9.30 p.m. on Tuesday night and arrived
at Folkestone on Wednesday morning at 1.30 a.m. He sent their fish on
shore in a ferry boat to sell, and also to get some grub. They returned
at 9 a.m. He went out again on Wednesday night, shot and hauled their
nets. It was a fine wind and they got back to Folkestone at 11 p.m. They
made fast to the jetty and went to the Packet Boat and had a drink. They
had not been on shore since the Tuesday morning.
The case was dismissed.
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Folkestone Express 14 October 1911.
Local News.
A case of interest to publicans came before the Magistrates at the
Folkestone Police Court on Tuesday morning when Maurice Francis
Deverson, landlord of the Packet Boat Inn, Radnor Street, was summoned
for selling beer during prohibited hours. The Magistrates were W.G.
Herbert, J. Stainer, R.J. Linton, and G. Boyd Esqs.
Mr. Rutley Mowll, solicitor, appeared for defendant, and pleaded Not
Guilty.
At the request of the Magistrates, the witnesses on both sides left the
court.
Inspector Lawrence said at twenty three minutes past eleven on Wednesday
night, the 4th October, he was in Radnor Street in company with P.C.
Kettle, when he saw two men enter the front door of the Packet Boat Inn,
which was kept by the defendant. Witness and Kettle at once went to the
house, and they saw that the lights were full on in the front bar. On
looking through the window, witness saw defendant behind the bar, while
three fishermen were standing in the bar. Defendant served each of the
men with a pint, evidently of beer. One of the men, who afterwards gave
the name of William Taylor, laid a coin on the counter, and defendant
took it and handed back Taylor some change. Witness then tried the front
door, and found it was locked. Defendant opened it, and witness and
Kettle walked in. Witness pointed to the three men and the three glasses
on the counter, which he observed contained beer, and asked what was the
meaning of it. Defendant said the men had just come in from sea. Witness
replied “You know they have no right here”. Defendant said witness had
made a mistake. They were allowed to come in after they had been to sea.
Witness went to the men and asked them their names, which they gave as
follows:- William Tayloy, 25, Claremont Road, Brighton; Charles Barnard,
26, George Street, Brighton; and John Taylor, 33, Grosvenor Street,
Brighton. They said they were fishermen on the Bonny Kate, 60SM, a
Brighton boat. While taking their names the defendant said “Don't be
afraid; they have not got a leg to stand on. The super knows all about
it”. Witness told defendant that he should report him for keeping his
house open for the sale of intoxicating liquors during prohibited hours.
Defendant said he knew what witness was going to do directly he came
into the bar. The fishermen had always been allowed to come in there
when they had come back from sea. The sea was no-man's land. Witness
told the three men that they would be reported for being found on
licensed premises during prohibited hours. William Taylor, in
defendant's presence, said they had been to sea since ten o'clock the
previous morning and had always come there when they used the harbour.
Witness said they had been trading in the harbour for some time now.
Taylor replied “Yes, two or three weeks”. The men then drank up their
beer and left. Kettle and witness followed them and they then went into
the Fish Market.
Mr. Mowll: When you went into the house on Wednesday evening had you any
reason to doubt that the three fishermen had then just returned from
sea? – I believe they had.
By the Clerk: He saw two men enter by the front door of the house. When
he got to the window he saw three men.
P.C. Kettle corroborated. He added that the boat had been at Folkestone
a fortnight previous to the night of the 4th.
Mr. Mowll then addressed the Magistrates. He said the Magistrates had
already got the evidence of the prosecution to show that those three men
were Brighton fishermen, who had, in fact, as the Inspector himself
believed, just returned from sea. And those three men said at the time,
and there had been no evidence to contradict it, that they went to sea
at ten o'clock on the Tuesday morning, and did not return until eleven
o'clock on Wednesday evening. On returning from sea, they went straight
to the Packet Boat, a public house which they always used when they were
in Folkestone. On those facts there was quite sufficient evidence before
them to justify them in dismissing the case, and they could pretty well
see from the evidence of the prosecution what was the line of the
defence. It was that those men were what the law called bona-fide
travellers. The mere fact of their being at sea would not make them bona
fide travellers, because they might have been at sea within three miles
of the Packet Boat Inn. That they were travellers in fact, there could
not be the slightest doubt. They went out on the Tuesday morning to the
Varne, and they did not return until eleven o'clock on the Wednesday
night. And if the facts were as he was going to submit them to the
Magistrates, he thought they would have very little doubt in coming to
the conclusion that those men were bona fide travellers.
Defendant then went into the witness box. He said he was the licensee of
the Packet Boat Inn, Radnor Street. A good many fishermen used the
house. When he went into the house twelve months ago the two men, Taylor
and Williams, were in there, and he knew them as Brighton fishermen. He
had not seen anything of them since until the present mackerel season.
About ten o'clock on the Tuesday morning he saw the Bonny Kate go out to
sea, and he knew the crew were going out to the Varne. He did not see
anything of the three men until Wednesday evening after eleven o'clock.
He closed his house at eleven o'clock. When the men came to the door he
asked them whether they had just come back from sea, and they said
“Yes”. They wore their oilskins. He believed they had just returned from
the Varne, and he served them with beer. He would not have done so if he
had not believed they were bona fide travellers.
By the Chief Constable: The men had their meals on the boat. They said
they had been to sea since ten o'clock the previous morning, and he
believed it.
William Taylor, 25, Claremont Road, Brighton, said he was the skipper of
the fishing lugger Bonny Kate. On Tuesday, 3rd October, he left
Folkestone harbour at ten o'clock in the morning and went to the Varne
lightship to catch mackerel. He and the crew left the Varne at 9.30 in
the evening. The wind was W.N.W. – a contrary wind – and they got off
Folkestone at 1.30 on Wednesday morning. They then anchored in the
roads, about a mile or a mile and a half from shore. They put the fish
into a ferry punt and sent them ashore. The men and two boys left at a
quarter to seven and they brought back some food. They then went towards
the Varne again, and left about a quarter to ten in the evening. The
wind was more favourable and they got back to Folkestone at eleven
o'clock. They came into the harbour, made fast to a jetty, and then went
into the Packet Boat for a drink. From the time witness went out to sea
on Tuesday morning until he went into the public house after eleven
o'clock on Wednesday evening he had not been ashore.
The Chairman: I suppose the remaining witnesses will only prove exactly
the same as this man.
Mr. Mowll: On the same lines.
No further evidence was given, and the Chairman said the Magistrates
were unanimously of the opinion that those men were not in the strict
sense of the term bona fide travellers. At the same time, they were
satisfied that the defendant used his best endeavours to find out
whether they were or not, and that he fully believed they were. The
police were perfectly justified in bringing the case, which would be
dismissed.
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Folkestone Herald 14 October 1911.
Tuesday, October 10th: Before Messrs. W.G. Herbert, J. Stainer, R.J.
Linton, and G. Boyd.
Maurice Francis Deverson, the licensee of the Packet Boat Inn, Radnor
Street, was summoned for selling intoxicating liquor during prohibited
hours. Mr. Rutley Mowll appeared for the defendant.
Inspector Lawrence stated that at twenty three minutes past eleven the
previous Wednesday night, the 14th instant, he was in Radnor Street in
company with P.C. Kettle, when he saw two men enter the front door of
the Packet Boat Inn, Radnor Street. Witness at once went to the house,
and saw that the lights were full on in the front bar. On looking
through the window he saw the defendant behind the counter, and that
three fishermen were standing in the bar. Defendant served each of the
men with a pint of what apparently was beer, and one of the men, who
afterwards gave the name of William Taylor, put a coind on the counter,
which defendant took. Witness then tried the front door, and found that
it was locked. Defendant opened the door, and witness walked into the
bar with P.C. Kettle. He asked the defendant for an explanation, and he
replied that the men had just come in from sea. Witness said that they
had no right there, and defendant replied “You have made a mistake. They
are allowed to come in after they have been to sea”. Witness asked the
men their names, and they gave them as follows: William Taylor, 25,
Claremont Road, Brighton; Charles Bernard, 26, George Street, Brighton;
John Taylor, 33, Grosvenor Street, Brighton, fishermen on the Bonnie
Kate, 60 S.M. S.M. meant that the boat was registered at Shoreham.
Whilst witness was taking their names, defendant said to him “Do not be
afraid; they have not got a leg to stand on. The Super knows all about
it”. Witness then told the defendant that he would report him, and he
replied “I knew what you were going to do directly you came in at the
door. They had always been allowed to come here when they came back from
sea. The sea is no-man's-land”. Witness told the three men that they
would be reported, and Wm. Taylor replied “We have been at sea since ten
o'clock yesterday morning, and I have always come here when we use this
harbour”. Witness said “You have been trading in this harbour for some
time now”, and the defendant replied “Yes, for three weeks”. They then
left.
Cross-examined by Mr. Mowll: The three fishermen had not been summoned.
Witness believed that the men had just returned from sea when he saw
them in the inn.
P.C. Kettle corroborated.
Addressing the Magistrates for the defence, Mr. Mowll said that they had
already got evidence for the prosecution that these three men were
fishermen, and the Inspector himself told them that he believed the men
had just returned from sea, and there was no evidence to prove that they
did not start out at ten o'clock on Tuesday morning, and did not return
until eleven o'clock on Wednesday. On returning they went straight to
the Packet Boat Inn. On those facts there was not sufficient evidence
before them in dismissing the case, but they could pretty well see from
the evidence of the prosecution what was going to be the line of the
defence. It was this: that the men were what the law called bona fide
travellers. The mere fact of their being at sea would not make them bona
fide travellers, because they might have been at sea within three miles
of the Packet Boat Inn, and if they had been lodging the previous night
within three miles, that in itself would not justify them in holding
that they were within the meaning of the law bona fide travellers. That
they were travellers in fact there could not be the slightest doubt. On
Tuesday morning they went to the Varne, and did not, in fact, come
ashore until eleven o'clock on the Wednesday, and if the facts were as
he was going to submit them to the Bench, he thought they would have
very little doubt in coming to the conclusion that they were bona fide
travellers. Of course, the important time was, not Wednesday, but
Tuesday. The important point in the eye of the law was as to where the
men were on Tuesday evening. On Tuesday morning they went to the Varne,
and got back off Folkestone between one and two on Wednesday morning.
Therefore on Tuesday evening those men were at the Varne, and if they
were satisfied that that was so, the mere fact that they came off
Folkestone some time after midnight would not affect the Magistrates'
judgement that they were bona fide travellers. But he wanted also to put
the case before them on a broad principle. These men were at sea for a
matter of 36 hours, and if they were not to be considered bona fide
travellers, who was? Broadly speaking, these men were travellers.
Maurice Deverson (the defendant) stated that he was the licensee of the
Packet Boat Inn. He knew that the men were Brighton fishermen. They came
about a fortnight ago, when the mackerel season commenced. When they
were in Folkestone they always made a practice of using witness's house.
On Tuesday morning he saw the Bonnie Kate go out at about ten o'clock,
and he knew that they were going to the Varne. He did not see anything
of them from the Tuesday to the Wednesday, shortly after 11 p.m. He was
going upstairs, when one of the men came and knocked at the door.
Witness asked him whether he had just come back from sea, and he replied
in the affirmative. They were all dressed in their oilskins and
sou'westers. He believed that they had just returned from the Varne. He
would not have served them had he not believed that they were bona fide
travellers.
Questioned by the Chief Constable, witness said the men had their meals
on board the vessel.
William Taylor said that he lived at 25, Claremont Road, Brighton, and
was skipper of the Bonnie Kate. On Tuesday, the 3rd instant, he left
Folkestone in the vessel at 10 a.m., and went to the Varne. They
remained there till 9.30 p.m. The wind was contrary at N.N.W. They made
for Folkestone, and anchored in the roads at about 1.30 on Wednesday
morning. Later in the morning they put one of the crew in the ferry punt
with their catch, and sent him ashore to get food. Later they again left
for the Varne, and let in their nets there about four. About a quarter
to ten on Wednesday night they again left the Varne for Folkestone
harbour, and arrived in the harbour at about eleven. They made fast to
the jetty, and went direct to the Packet Boat Inn. From the time they
went out at ten o'clock on the Tuesday morning until they went into the
public house after eleven on Wednesday evening witness and his mates had
not been ashore once.
The Chairman asked whether the evidence of the rest of the witnesses for
the defence would be the same.
Mr. Mowll: On the same lines.
The Chairman said that the Bench were unanimously of opinion that these
men were not, in the strict term of the law, bona fide travellers, but
they fully believed that the defendant used his best endeavours to find
out whether they were or not, and also felt that the police were fully
justified in bringing the case before them. The summons would be
dismissed.
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Folkestone Express 23 December 1911.
Tuesday, December 19th: Before Alderman Vaughan and R.G. Wood Esq.
The licence of the Packet Boat Inn was temporarily transferred from Mr.
Deverson to Mr. A. Goodall.
Note: Date is at variance with More Bastions.
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Folkestone Herald 23 December 1911.
Tuesday, December 19th: Before Alderman Jenner and Councillor R.G. Wood.
A temporary transfer of the Packet Boat Inn, Radnor Street, from Mr.
Deverson to Mr. Goodall was authorised.
Note: Date is at variance with More Bastions.
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Folkestone Express 20 January 1912.
Local News.
The Transfer Sessions were held at the Police Court on Wednesday
morning, when the licence of the Rendezvous Hotel again came before the
Bench. The Magistrates were E.T. Ward Esq., Lieut. Col. Fynmore, Major
Leggett, Alderman Jenner, and W.G. Herbert Esq.
The licence of the Packet Boat was transferred from Mr. Deverson to Mr.
Goodall. Temporary authority was granted on December 19th.
Note: Date is at variance with More Bastions.
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Folkestone Herald 20 January 1912.
Wednesday, January 17th: Before Mr. E.T. Ward, Lieut. Col. R.J. Fynmore,
Major Leggett, Alderman C. Jenner, and Mr. W.G. Herbert.
The transfer of the Packet Boat Inn from Mr. Deverson to Mr. Goodall,
for which temporary authority had been granted on December 19th, was
granted.
The Chief Constable intimated that it was quite satisfactory.
Note: Date is at variance with More Bastions.
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Folkestone Express 16 March 1912.
Friday, March 8th: Before Alderman Vaughan and Lieut. Col. Fynmore.
Ellen Smart, a licensed pedlar, was charged with being drunk in Radnor
Street the previous evening. She admitted the offence.
P.C. Waters said at 9.40 the previous evening he was in Radnor Street,
where he saw the prisoner, who was drunk, ejected from the Packet Boat
public house. She became very excited, and commenced shouting at the top
of her voice. He advised her to go away, but she refused to do so. As
she did not do as requested, and continued to make herself a nuisance,
he took her into custody.
Prisoner said she was very sorry, but she had not been used to take
strong drink.
The Chief Constable (Mr. Reeve) said the prisoner was a stranger to
them.
Prisoner's husband said they had only been in the town two days.
The Magistrates discharged the woman on promising to leave the town.
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Folkestone Daily News 13 June 1912.
Monday, June 10th: Before Messrs. Herbert, Stainer, Boyd, Swoffer,
Harrison, Young and Stace.
Francis John Maidment was charged with stealing a new sunblind, the
property of someone unknown. He was first charged with being drunk and
disorderly, but this charge was afterwards dismissed.
Charles Petley deposed to being in the Packet Boat on Saturday evening
last, and saw prisoner there. The sunblind produced was close to his
feet. Defendant said he wanted 2/6 for it. Witness asked him if he had
stolen it, and defendant replied “No”. Witness then bought it for 2/6
and took it down to the boat. He threw it open and saw that it was new
cloth, which at once aroused his suspicions.
Inspector Lawrence said that at 10 p.m. on Saturday he was in Harbour
Street, when the last witness came to him, and accompanied by P.C.
Butcher they went to a boat (DR No. 8) in the harbour, where he was
shown the sunblind produced. They then went to Radnor Street, where they
saw the defendant, who was helplessly drunk. Witness brought him to the
police station and charged him with being drunk and incapable, and also
charged him with stealing the sunblind from some person at present
unknown. Defendant replied that he had no recollection about it at all.
A sailmaker valued the blind at from 44s. to 50s.
Prisoner was remanded until Tuesday week.
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Folkestone Express 15 June 1912.
Monday, June 10th: Before W.G. Herbert, J. Stainer, G.I. Swoffer, G.
Boyd, W. Harrison, W.C. Young, and A. Stace Esqs.
Francis John Maidment was charged with being drunk and incapable on
Saturday night.
The Chief Constable (Mr. Reeve) said the prisoner was arrested on
Saturday night on a charge of being drunk and incapable, but as a result
of enquiries subsequently maden he was charged with stealing a new
canvas sunblind, the property of some person unknown. He, therefore,
should like to withdraw the charge of drunkenness and proceed with the
charge against the prisoner of stealing the sunblind.
The Magistrates gave permission for the charge of drunkenness to be
withdrawn, and the charge of stealing to be preferred against Maidment.
Charles Petley, a labourer, living on board a boat in the harbour, said
on Saturday night, about nine o'clock, he was in the Packet Boat public
house, when he saw the prisoner. The sunblind (produced) was close to
his feet, and he asked witness if he would give him half a crown for it.
He said to prisoner “Have you stole it?”, and prisoner replied “No”. He
asked him if he was sure about it, and he said “Yes”. He eventually gave
him 2s. 6d. for it, and he took the bundle down on board the boat to see
what it was. He found it was a new cloth. That made him suspicious, and
he came on shore again and saw Inspector Lawrence, who came and looked
at the canvas. He later accompanied the Inspector to Radnor Street,
where they saw the prisoner sitting on the pavement. The police
eventually took possession of the canvas.
Inspector Lawrence said at ten o'clock on Saturday night he was in
Harbour Street, when the last witness went to him, and from what he said
P.C. Butcher and he accompanied Petley to the boat where he lived.
Petley showed him the canvas produced, and he found it was a sunblind.
He accompanied him (witness) into Radnor Street, where he pointed out
the prisoner sitting on the pavement. He found Maidment was helplessly
drunk, so he brought him to the police station. P.C. Butcher took
possession of the blind and brought it to the police station. After
making enquiries on Sunday morning he showed prisoner the sunblind, and
said to him “This blind was sold by you to a man named Petley for 2s.
6d. in the Packet Boat yesterday, and I shall now charge you with
stealing it from some person or persons unknown”. He then cautioned him,
and he replied “I have no recollection about it at all”. The sunblind
was valued at from 45s. to 50s.
The Chief Constable said that was as far as he could take the case that
day, and he asked for a remand so that further enquiries could be made.
The prisoner was remanded until next Tuesday.
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Folkestone Herald 15 June 1912.
Monday, June 10th: Before Mr. W.G. Herbert, Mr. J. Stainer, Mr. G.I.
Swoffer, Mr. G. Boyd, Councillor W.J. Harrison, Councillor A. Stace, and
Councillor W.C. Young.
Francis John Maidment was charged with being drunk and incapable.
The Chief Constable said the prisoner was arrested on Saturday night on
a charge of being drunk and incapable in Radnor Street, but as a result
of various inquiries which had been made, accused was now charged with
stealing a new canvas sunblind, the property of some person or persons
unknown, and with the permission of the Bench he would like to withdraw
the charge of drunkenness.
Charles George Petling, a labourer in the employ of the Corporation,
said that he was in the Packet Boat Inn on Saturday night at about 9.
Prisoner was also there, and the cloth produced was lying near his feet.
He offered it to witness for sale, saying that he wanted 2s. 6d. for it.
Witness said “Have you stolen it?” Prisoner replied “No”, and witness
eventually gave him 2s. 6d. for it. He took it out and down the street,
and opened it to see what it was. When he found out that it was a new
cloth his suspicions were aroused, and he went and told Inspector
Lawrence, who came and looked at the canvas.
Insp. Lawrence said when the accused was charged he replied that he had
no recollection about it at all. The blind had been valued at between
45s. and 50s.
The Chief Constable asked for a remand, and prisoner was thereupon
remanded until next Tuesday.
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Folkestone Express 22 June 1912.
Tuesday, June 18th: Before W.G. Herbert Esq., Lieut. Col. Hamilton, J.
Stainer, G.I. Swoffer, R.J. Linton, G. Boyd, A. Stace and W.C. Young
Esqs.
Francis John Maidment was brought up on remand charged with stealing a
sunblind.
The Chief Constable said a week ago the prisoner was before the
Magistrates charged with stealing a sunblind, the property of some
person unknown. They had since ascertained that it belonged to Messrs.
Upton. There was one additional witness to be called, and after his
evidence he should ask them, if they were satisfied that a prima facie
case was made out, to commit him for trial at the next Quarter Sessions.
Charles Rowe, of 37, Warwick Road, said he was in the employ of Messrs.
Upton Bros., in Sandgate Road. The sunblind produced was the property of
his employers, it having been specially made. On Friday, June 7th, he
removed the blind, together with another one, at about 11 a.m. from off
a case in a lodge in the backyard, and placed them on a dinner wagon.
Both blinds were new, only having been used six times. The value of the
blind was 45s. He missed the blind on Monday, the 10th, at nine o'clock.
He made enquiries and reported the loss to the manager. Afterwards a
constable came to the shop, and he (witness) later went to the police
station and identified it. The yard opened into Alexandra Gardens, and
the doors were opened at half past eight in the morning and remained so
until eight o'clock in the evening.
Prisoner said he knew nothing about it.
The Magistrates thereupon committed him for trial at the Quarter
Sessions, bail being offered him in £10 and one surety of £10.
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Folkestone Herald 22 June 1912.
Local News.
At the Borough Police Court on Tuesday, Francis John Maidment was
committed for trial on a charge of stealing a sunblind, the property of
Mr. Upton, of Sandgate Road.
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Folkestone Daily News 13 July 1912.
Quarter Sessions.
Saturday, July 13th: Before J.C. Lewis Coward Esq.
Francis John Maidment, 69, labourer, who was committed for trial on the
8th of June for feloniously stealing one canvas sunblind, value £2 5s.
0d., the property of Phillip Charles Upton, Frederick Sidney Upton, and
Rowland Clark Upton, pleaded Not Guilty.
Mr. Weigall prosecuted for the Crown, and briefly addressed the jury
upon the two charges against the prisoner – that of stealing the
sunblind, and secondly of its being in his possession and well-knowing
it to have been stolen.
Charles Rowe identified the blind as the property of Messrs. Upton Bros.
A man named Petley proved purchasing the blind from prisoner for 2s. 6d.
He (Petley) understood it was a roll of old canvas, but on discovering
it to be a new and valuable blind at once gave information to the
police.
Inspector Lawrence corroborated, and proved the arrest of the prisoner.
Prisoner when charged said he had no recollections about it at all. He
was drunk when arrested.
Prisoner did not ask the witness any questions, and said he did not
steal the canvas. He knew nothing about it.
The jury returned a verdict of Guilty of stealing the blind.
A previous conviction was proved by P.C. Clay, of the Metropolitan
Police, who said he was present at the West Kent Sessions on April 8th,
1904, when prisoner was sentenced in the name of John Davis. There were
seven previous convictions for stealing, dating back to 1888. He had
served 3 years penal servitude at Maidstone.
Chief Constable Reeve proved an additional conviction – 3 months hard
labour at Aldershot for failing to report himself while a convict on
licence.
Prisoner said for six years he had been trying to get an honest living,
and when he got the three months he had lost his papers and went to the
police station himself.
The Recorder sentenced the prisoner to hard labour for twelve calendar
months.
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Folkestone Express 20 July 1912.
Quarter Sessions.
Saturday, July 13th: Before J.C. Lewis Coward Esq.
Francis John Maidment, 69, a labourer, was charged with stealing a
canvas sunblind, of the value of £2 5s., the property of Messrs. Upton
Bros., Sandgate Road, on June 8th. He was also charged with receiving
it, well-knowing it to have been stolen. Prisoner pleaded Not Guilty.
Mr. Weigall prosecuted on behalf of the Crown.
Charles Rowe, 31, Foord Road, said he was employed by the prosecutors as
porter. On the 7th June he moved the sunblind produced from one side of
the shed at the rear of the premises to the other, putting it on a
dinner wagon. On the 10th he missed it, and he was later shown it at the
police station. It had been used six times.
Charles Tyrell Petley, a labourer, said he lived on a boat in the
harbour. On June 8th he was in the Packet Boat public house, when the
prisoner came in with what he thought was a piece of canvas. He bought
it from him for 2s. 6d., but when he got on board he found it was a
sunblind. He therefore brought it ashore, handed it over to the police,
and gave information to them. Later he pointed out the prisoner to
Inspector Lawrence.
Inspector Lawrence said Petley pointed out the prisoner to him in Radnor
Street. He helped the prisoner to his feet, as he was sitting on the
pavement, and he found he was helplessly drunk. He took him to the
police station, where he charged him with being drunk and incapable. On
the following morning he charged prisoner with stealing the sunblind,
and he replied “I have no recollection about it at all”.
The jury returned a verdict of Guilty.
P.C. Clay, of the Metropolitan Police, stated that he was present at the
West Kent Sessions at Maidstone, on April 8th, 1904, when the prisoner
was sentenced to three years' penal servitude for stealing a garden hose
and other articles, in the name of John Davis. There were seven other
previous convictions against him at that time, including 18 monts' hard
labour at Surrey Sessions for housebreaking. All the convictions were
for theft.
The Chief Constable said on November 29th, 1906, the prisoner was
sentenced to three months' at Aldershot for failing to report himself as
a convict on licence.
Prisoner said he had been trying to get an honest living during the last
six years, selling matches, laces, oranges, or anything. When he got the
sentence for failing to report himself he told the police he had lost
his papers and he gave himself up.
The Recorder said he had been considering whether he should send him to
penal servitude. His first inclination was to do so. It seemed to him it
was no use them allowing such a wastrel to wander about seeking what he
could get hold of. His fellow justices seemed to have a more lenient
view of the matter. Having regard to the fact that he had not been in
trouble for six years, and that he was 69 years of age, he did not
propose to send him to penal servitude. The sentence he passed upon him
was that he be imprisoned for twelve calendar months with hard labour.
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Folkestone Herald 20 July 1912.
Quarter Sessions.
Saturday, July 13th: Before J.C. Lewis Coward Esq.
Francis John Maidment, 69, labourer, was indicted for stealing one
canvas sunblind, value £2 5s., the goods and chattels of Philip Charles
Upton, Fredk. Sidney Upton, and Rowland Clark Upton, on June 8th. Mr.
Weigall prosecuted, and briefly explained the case.
Charles Rowe stated that he lived at 37, Foord Road, and was employed by
Messrs. Upton Bros., Sandgate Road, as a porter. He identified the
canvas sunblind produced as belonging to his employers. On the 6th June
he removed it at 11 a.m. to the dinner wagon in the lodge in Alexandra
Road, at the rear of their premises. On Monday, 10th June, he missed the
blind at 9 a.m., and communicated with the police. It was valued at 45s.
There were two big gates opening into the yard, which were open all day
till 8 o'clock at night.
Chas. Petley, labourer, stated that he lived on a boat in the Folkestone
Harbour. On Sunday, 8th June, he saw prisoner in the Packet Boat Inn, in
Radnor Street. He had a piece of canvas (produced), and asked if witness
would buy it. He asked him where he got it from, and accused replied
that it was made a present to him. Witness bought it for 2s. 6d. and
took it down to his boat. On stretching it out he saw what it was, and
went back to the Packet Boat, and then to the police station. Inspector
Lawrence went with him to the bottom of High Street, and they proceeded
to the boat. Prisoner had just gone out from the Packet Boat. He was
found lying across the footpath, and witness pointed him out to the
police. Witness had suspicions of him.
Inspector Lawrence deposed that on Saturday, 8th June, he was in Harbour
Street, when Petley came to him. From what he said, witness accompanied
him to his boat, and saw the sunblind produced. Next he accompanied
Petley to Radnor Street, and, after giving the blind into the possession
of P.C. Butcher to bring to the police station, he saw the prisoner
lying on the pavement drunk. He helped accused to his feet and brought
him to the police station, charging him with being drunk and incapable.
Enquiries were afterwards made, and prisoner was later charged with
stealing the sunblind. Accused said “I have no recollection about it at
all”.
Prisoner said he had nothing to say. He knew nothing at all about it. He
left it to the Recorder to decide. He worked hard selling matches. He
sold laces. He did whatever he could to get an honest living. He did not
steal the blind at all.
The jury found the prisoner Guilty, and he admitted a previous
conviction for felony on the 7th April, 1904, in the name of John Davis.
P.C. Thos. Clay, of the Marylebone Police, stated that the accused was
sentenced at the West Kent Quarter Sessions on 8th April, 1904, to three
years' penal servitude. There were several other convictions, dating
back to 1888, for stealing clothing, stealing from the person,
housebreaking, stealing a bag, etc., stealing a skirt, etc.
In answer to the Recorder, witness stated that he did not know anything
good of the accused. He went about the country selling rags and bones,
and getting hold of whatever he could.
The Chief Constable said there was another conviction recorded against
the accused. In 1906 he was sentenced to three months' at Aldershot for
failing to report himself as a convict on licence. Since then nothing
had been recorded against him.
The Recorder: Why was he not proceeded against as an habitual criminal?
Mr. Wardley said they could not prove a life of dishonesty for the last
two years.
Prisoner stated that he had been trying to get an honest living selling
matches and other things for the last six years.
The Recorder said the only thing he had been considering was whether he
should send prisoner to penal servitude. His first inclination was to do
so. It seemed to him to be no good letting a wastrel go about seeking to
get hold of what he could. However, his brother Justices seemed to think
that a little more lenient view might be taken. He did not know that it
would be the better thing, but, having regard to the fact that he had
not been in trouble for four years, and to the fact that he was 69 years
of age, he did not propose to send him to penal servitude, although if
accused came there again he would go to it. The sentence would be twelve
months' imprisonment with hard labour.
An order was made for the 2s. 6d. to be refunded to the witness Petley.
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Folkestone Express 24 July 1915.
Local News.
Amy Partridge Marsh, of Tulse Hill, London, who was charged at the
Police Court before Mr. J. Stainer and other Magistrates on Saturday
morning with attempting to commit suicide, said strange things to Mr.
Harry Edward Stokes, who took her from the sea, into which she had cast
herself.
Mr. Stokes, who is a plumber in the employ of the South Eastern and
Chatham, was at work in the Company's shops when two lads came and said
that a woman had thrown herself into the water. He went to the door and
saw someone in the sea. Then he made his way to the rocks, a matter of
100 yards away, and, on getting nearer to the woman (the accused), she
struggled to get on to the dry rocks. Taking her by the arm he asked
what she was doing, and she said she was trying to commit suicide, and
that she had killed her father. Mr. Stikes said “Don't talk like that,
Madam”, and began to take her towards the Company's shops. On the way
she remarked “I have left my father on his death-bed”. Subsequently he
took her to the Packet Boat Inn, and, as she asked for a policeman to be
sent for, he went to the police station and gave information of the
occurrence.
To the Packet Boat Inn then came Inspector Lawrence, who found the
accused sitting before a fire in the kitchen. He cautioned her, and she
said “I am not fit to live. I left my father, who is dying, in London. I
had nourishment in the house to give him, and I have not done so”. At
the police station she said “This is all through neglecting my father”.
The Bench bound the woman over, and handed her over to the care of her
friends. They highly commended Mr. Stokes for his action in the matter.
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Folkestone Express 7 September 1918.
Local News.
At the Police Court on Tuesday the licence of the Packet Boat, Radnor
Street, was temporarily transferred from Mr. Goodhall to Mr. F. Kennett,
a dairyman, of Coolinge Lane.
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Folkestone Herald 7 September 1918.
Local News.
The temporary transfer of the licence of the Packet Boat Inn, Radnor
Street, from Mr. Goodall to Mr. F. Keeler (sic), Coolinge Lane, was
granted by the Folkestone Justices on Monday.
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Folkestone Herald 28 September 1918.
Local News.
At the Folkestone Police Court on Wednesday (Mr. E.T. Ward in the chair)
the licence of the Packet Boat Inn, Radnor Street, was transferred to
Mr. Frederick Kennett, of the Metropole Dairy.
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Folkestone Express 5 February 1921.
Local News.
On Tuesday morning at the Police Court the following temporary transfer
was granted: the Packet Boat, Radnor Street, to Mr. J.W. Twigg,
Ramsgate.
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Folkestone Herald 12 February 1921.
Annual Licensing Sessions.
Wednesday, February 9th: Before The Mayor, Sir Stephen Penfold, Mr. G.I.
Swoffer, Councillor G. Boyd, Colonel G.P. Owen, Councillor A. Stace,
Alderman A.E. Pepper, the Rev. H. Epworth Thompson, Mr. J.H. Blamey,
Councillor W.H. Boughton, Councillor W. Hollands, Miss A.M. Hunt, and
Councillor Miss E.I. Weston.
The report of the Chief Constable (Mr. H. Reeve) was read. (See
Folkestone Express for details).
The Mayor said it was a great source of satisfaction to the Bench that
the Chief Constable had been able to make a report so favourable,
especially the last paragraph, where it was stated that all licensed
houses had been conducted in a satisfactory manner. It was also a great
source of satisfaction to the Bench that charges of drunkenness were
less in 1920 than in the preceding year. Forty six persons were
proceeded against in 1919, and thirty seven in 1920, showing a decrease
of nine. That was satisfactory. They had reason to believe, from the
report, that all licensed houses had been well conducted. The licensees
had a difficult task, because there were so many Acts of Parliament and
Orders to which they had to adhere and carry out. Speaking personally,
he would prefer to see the Continental cafe system, as it would be much
easier to carry out than the public house system. He did not know why it
could not be tried in this country, and he hoped somebody would try to
introduce it some day. On the Continent they saw any amount of people
having a pleasant time, having wine or coffee or whatever they wanted,
and going home afterwards none the worse for it. Anyhow they had got
their own system in this country, and they had got to take it as they
found it. He hoped the licensees would exercise the same vigilance this
year as they had exercised in the past, and that drunkenness would show
a decrease. The Licensing Committee had had the report before them, and
with the exception of the Alexandra Hotel and the Prince Albert Hotel,
the whole of the licences would be renewed. The Alexandra Hotel had
passed into fresh hands since the conviction, and the licence would be
renewed that morning. The Prince Albert Hotel licence would be referred
back to the adjourned meeting next month.
The licence of the Alexandra Hotel, Bridge Street (sic) was permanently
transferred to Mr. C.H. Tapsell, whilst the Packet Boat Inn, Radnor
Street, was transferred to Mr. J. Twigg.
The date of the Adjourned Licensing Sessions was fixed for Wednesday,
March 9th.
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Folkestone Herald 11 December 1926.
Local News.
At the Folkestone Police Court yesterday, the licence of the East Cliff
Tavern was transferred to Mr. Twigg, now licensee of the Packet Boat
Inn, Radnor Street.
Note: Date is at variance with More Bastions in both cases.
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Folkestone Express 18 December 1926.
Local News.
At the Police Court on Friday the licence of the East Cliff Tavern was
transferred to Mr. Twigg, licensee of the Packet Boat in Radnor Street,
of which he has held the licence for six years.
The Clerk said steps were being taken immediately to find a tenant of
the Packet Boat.
Note: Date is at variance with More Bastions in both cases.
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Folkestone Express 8 January 1927.
Wednesday, January 5th: Before Mr .G. I. Swoffer and other magistrates,
the following licence was transferred: East Cliff Tavern, from Mr.
Martin Grey Price to Mr. John W. Twigg.
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Folkestone Herald 8 January 1927.
Wednesday, January 5th: Before Mr. G.I. Swoffer, Mr. W.R. Boughton, and
Colonel P. Broome-Giles.
The Magistrates granted the application for the full transfer of the
licence of the East Cliff Tavern from Martin Grey Price to John W.
Twigg.
After the application had been granted the outgoing licence holder said
that he simply refused to have it done.
The Chairman: It is no good your objecting. The transfer is granted. The
Magistrates cannot help themselves. I am sure they would like you to
understand what the position is. You signed the notice for a transfer.
Mr. Twigg got a protection order and you were present. You must fight it
out with the brewers. The Magistrates cannot help you. They can do
nothing at all.
Mr. Price: It was done so quick on me. I have a word to say, though. It
was a dirty bit of business.
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Folkestone Herald 29 January 1927.
Local News.
At the Folkestone Petty Sessions on Tuesday, before The Mayor in the
chair, a protection certificate was granted to Mr. E.W. Allen, late of
Dover, in respect of the Packet Boat public house.
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Folkestone Express 2 July 1927.
Local News.
Tuesday, June 28th: Before Alderman C. E. Mumford, Miss A. M. Hunt and
Dr. W. W. Nuttall.
George Slenderman Weatherhead was summoned for having, on the 10th June,
stolen two notes of the Bank of England, of the value of £5 each, the
property of Frederick John Wilkinson.
Frederick John Wilkinson, The Avenue, Littlestone-on-Sea, fruiterer and
greengrocer, said on the 10th June he came to Folkestone for produce, to
the early morning market, arriving about 6.30 to 7 a.m. At the time he
had two Bank of England £5 notes, three £1 Treasury notes, and a cheque
for £5. He had the money in an envelope. About ten minutes after he
arrived at the market he took the envelope from his breast pocket, when
he was standing near Mr. Bean's lorry, to take a £1 note to give to the
defendant to pay for some peas. Defendant was on the spot, and had
previously helped him to load his lorry. He returned the envelope to his
pocket. Weatherhead returned him the change of 8s. He completed his
business, jumped on Mr. Bean's lorry to pay him for his purchases, and
again withdrew the envelope from his pocket and took the contents, and
found only two £1 Treasury notes and the cheque. The two £5 notes were
not there. He told Mr. Bean he had lost the notes, and Weatherhead was
in the immediate vicinity of the lorry, about ten or twelve yards away.
When he found he had lost the notes he told Bean he had lost them, and
it would be audible to anyone standing round. They both made a search,
but could not find them. He said nothing to defendant about his loss. On
returning home he found he had not left the notes there, and he gave
information to the police.
Defendant: Why didn’t he tell me that he had lost the notes?
Mr. Wilkinson: Because I was not sure that I had lost them then.
Defendant: I wouldn’t rob any man.
William John McEwitt, barman at the Jubilee public house, said defendant
went into the bar, and tendered him a £5 note for drinks. He called for
a round of drinks for customers in the bar, which came to 1s. 10d.
Defendant offered him a £5 note, and he asked him if it was his.
Defendant said “Mine? Of course it is”. He asked defendant if he had
been in crossword puzzles. “Crossword puzzles? If you don't think it is
a good 'un, take it to the boss”, which he did. He handed the £5 note to
his employer, who gave him the change.
Mr. W.C.T. Tingey, landlord of the Jubilee public house, said that on
the 10th June defendant gave him a £5 note to change. Ultimately he gave
his barman the change for the note. Later the same day he saw defendant
in the bar, in the evening, and he received case from defendant several
times. Defendant tendered him a second £5 note about 10.25 p.m.
Defendant had been standing drinks to other people. The drinks amounted
to 1s. 6d. when defendant gave him the second note. He did not give
defendant the change that night, and he told him to call the following
day. He did so, and he paid him the money. The first note he changed
with Mr. Skinner, and the second he paid away to the Licensed
Victuallers' Mineral Water Co. He had known defendant for three years,
and he knew he had been an old sailor. He did not know what defendant
was now. He was not surprised at defendant being in possession of two
notes. He did not ask defendant for an explanation as to where he got
the notes.
P.C. Williams said he received information about the loss of the two £5
notes, and made certain inquiries, and as a result of his inquiries he
interviewed defendant on the 22nd June on the East Cliff. He told him he
was a police officer, and that he was making inquiries regarding two £5
Bank of England notes which had been lost, and had ascertained that he
had changed two such notes. He told defendant he should report the
matter, and that it was possible proceedings might be taken against him.
He cautioned him, and he said “I don't wish to say anything”. On the
25th, at 6.30 p.m., he served the defendant with a copy of the summons,
and he told defendant he was charged with stealing the notes by finding
them. He asked defendant if he understood it, and he replied “Yes”. He
then cautioned defendant, and he replied “Finding is not stealing; I
found the notes”
Ernest William Ellen, landlord of the Packet Boat, said defendant went
to his bar on the 10th June about 12.30. He called for three pints of
beer, and tendered a £5 note in payment. He told defendant he was sorry
he had no change, as he had not been to the bank, and defendant said “It
is quite in order; my sister sent it to me." He had a reason for saying
he could not change it, but he could have changed it. He knew defendant
was a casual worker in the Fish Market. He still declined to change it,
and he left owing for the beer. Defendant said he would be back later,
and four days later he called and paid for the beer.
Defendant: I am guilty of finding but not of stealing. I wouldn’t rob a
man of a penny. I have got nothing to say.
The Clerk: You mean you picked them up and spent them?
Defendant: Yes, just the same as I have said it.
The Clerk: The law says it is stealing.
Defendant: I cannot make that out.
Inspector Pittock said defendant was a local man. He had no regular
employment, and did odd jobs in the market. There were twelve
convictions against him, chiefly for drunkenness, the last one in 1914.
Defendant: If you like to give me a chance I will turn over a fresh
leaf, and won’t come up any more.
The Chairman said the magistrates had very carefully considered the
case, and they might have sent defendant for six months. On account of
his evident attempt to go straight in recent years, he was an old
sailor, who served in the Royal Navy, and because they thought he was
trying to act better as a citizen, they were only going to send him to
prison for one month. They hoped it would be a lesson to him. They found
defendant was undoubtedly guilty by finding, but finding things was
stealing them, just as much the same as if they robbed in the ordinary
way of stealing. It was no excuse for defendant or anyone else that
because they found something they might presume it was theirs. Their
duty was to take it to the Police Station or the nearest authority they
could hand it over to. With regard to the evidence to which they had
listened they had first the evidence of the barman. Now the barman at
the Jubilee seemed to have risen to the full height of his
responsibilities as a servant, and when the note was offered to him he
very properly refused to take it, in view of the fact he knew from whom
he was taking it. With regard to the real licensee of the place, the
licensee, strange to say, did not rise to the full height of his
responsibilities. There was the second time in his own house that a £5
note was changed. The barman seemed to have acted with great discretion,
and the Magistrates regretted the fact that the man who held the licence
did not act in the same way,
and the more so because it was the second time during the day that that
change of a £5 note was made. The Magistrates wished to say they granted
licences to men to hold the responsibilities and the licensee was in a
responsible position towards the public and the police, and the
magistrates expected every help and judgment to be used in dealing with
a case such as this. The Magistrates were very pleased to think that Mr.
Ellen, at any rate, recognised the responsible position in which he was
placed. They were glad to express the opinion that he acted very
properly in this matter, and they hoped the police and Magistrates would
have every help from those who held licences, and held the position they
did.
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Folkestone Herald 2 July 1927.
Local News.
George Slenderman Weatherhead was sentenced to one month's imprisonment
at the Folkestone Police Court on Tuesday, on a charge of stealing by
finding two £5 Bank of England notes.
Fredk. John Wilkinson, of Littlestone-on-Sea, a fruiterer and
greengrocer, said that on Friday, June 10th, he came to Folkestone for
produce at the early morning market. He arrived about seven o'clock. He
had two £5 Bank of England notes, three £1 Treasury notes, and a £5
cheque. He carried the money in an envelope. He had occasion to take the
envelope out about ten minutes after he arrived at the market. At the
time he took the envelope from his pocket he was standing by Mr. Bean's
lorry. He gave a £1 note to defendant to pay for some peas. Defendant
usually helped him to load his lorry. He handed the £1 note to defendant
and returned the envelope to his pocket. Weatherhead returned 8s.
change. He completed his business with Mr. Bean and jumped on Mr. Bean's
lorry to pay for his purchases. He again withdrew the envelope from his
pocket; he took the contents out and found that they only consisted of
the two Treasury notes and the £5 cheque. The two Bank of England notes
were not there. He immediately commented upon having lost them to Mr.
Bean. Weatherhead was employed in his work in the immediate vicinity at
the time. Mr. Bean's lorry was ten or twelve yards from his own lorry
and defendant was going between the two lorries. He told Mr. Bean that
he had lost the two notes; His remarks would be audible to anyone
standing around. They both made a search but could not find the notes.
He said nothing directly to Weatherhead about his loss. On returning
home he found that he had not left the notes there and then he gave
information to the police.
Defendant: Why didn't he tell me he had lost the notes?
Witness: You will see by my evidence that I was not sure I had lost
them.
Defendant: I would not rob any man.
William John McEwitt stated that he was employed as a barman at the
Jubilee public house. On Friday, June 10th, prisoner came in and called
for a round of drinks, which came to 1s. 10d. Defendant offered him a £5
note, and he asked him if it was his. Defendant said “Mine? Of course it
is”. He asked defendant if he had been in for crossword puzzles, and he
said “Crossword puzzles be ----; if you don't think it's a good one take
it to the boss”. He handed the note to his employer, who gave him the
change.
William George Tingey, the landlord of the Jubilee Inn, said that on
Friday, June 10th, the last witness brought him a £5 Bank of England
note for him to change. Ultimately he gave him the change for the note.
He saw defendant in the evening in the bar; Weatherhead was there up to
closing time. Defendant tendered him a second £5 Bank of England note
for drinks.
The Clerk: Had he been standing drinks to other people or not?
Witness: Yes.
Mr. Tingey added that the drinks amounted to 1s. 6d. He told defendant
to come for the change the following day. Defendant came the following
day and he gave him the change. The first note he received he changed
with Mr. Skinner. The second note he paid away to the Licensed
Victuallers' Mineral Water Company. Witness further stated that he was
not surprised at defendant tendering the notes.
The Magistrates' Clerk (Mr. J. Andrew): Did you ask him any questions as
to where he had obtained the notes from?
Witness: No, sir.
P.C. Williams said that he received information of the loss of two Bank
of England notes and interviewed defendant at 8.30 on June 22nd on the
East Cliff. He told defendant that he was a police officer and had been
making enquiries regarding two £5 Bank of England notes which had been
lost, and had ascertained that he had changed two such notes. He told
Weatherhead that he would report the matter and that it was possible
that proceedings might be taken against him. He cautioned prisoner, who
replied “I don't wish to say anything”. On June 25th he served defendant
with a summons. He told prisoner that he was charged with stealing the
notes by finding them. Defendant said that he understood it. He then
cautioned Weatherhead, who replied “Finding is not stealing. I did not
steal the notes”.
Ernest William Ellen, landlord of the Packet Boat, said on June 10th, at
about 12.30, defendant ordered three pints of beer and tendered a £5
note. He said “I am sorry; I have no change until I have been to the
bank”. He had a reason for saying that; he could have changed the note.
He knew defendant to be a casual worker at the Fish Market. Defendant
said “It is quite all right; my sister sent it to me”. He still declined
to change the note and defendant left owing for the beer. Four days
later defendant called and paid him for the beer.
Defendant pleaded “Guilty by finding, but not by stealing”. He added
that he had nothing to say.
The Magistrates' Clerk: You mean you picked them up and spent them?
Defendant: Yes.
The Magistrates' Clerk: The law says that is stealing.
Defendant: I cannot make it out.
Inspector Pittock stated that defendant was a local man, and at present
he had no fixed abode. There were ten previous convictions, chiefly fort
drunkenness, the last one being in 1914. Defendant was bound over in
1911 for six months for false pretences.
Defendant: If you will give me a chance I will turn over a fresh leaf
and will not come up any more.
The Chairman of the Bench (Alderman C. Ed. Mumford) said on account of
defendant's evident attempt to go straight in recent years, and because
he was an old sailor who had served in the Royal Navy, and because they
believed that he was trying to act better as a citizen, they were only
going to send him for one month's imprisonment; they might have sent him
for a much longer period. They hoped that that would be a lesson to
defendant. People who found things and kept them were stealing just the
same as if they robbed in what was called the ordinary way of stealing.
With regard to the evidence to which they had listened, the barman of
the Jubilee seemed to rise to the full height of his responsibility as a
servant of his employer. When a note was offered to him the barman very
properly refused to take it and to give change, in view of the fact that
he knew from whom he was taking it. The lessee, strange to say, did not
rise to the full height of his responsibility, and it was the second
time in his own house that day that a £5 note was changed.
Calling Mr. Tingey before the Magistrates, the Chairman said: “Your
barman seems to have acted with great discretion and the Magistrates
regret that you, who hold a licence, did not act in the same way, and
more so because it was the second time during the day that change was
made of a £5 note. The Magistrates wish to say this: We grant licences
to men to hold responsible positions; the lessee of a public house or
hotel is in a very responsible position towards the Bench, and towards
the public and the police, and the Magistrates expect that help and
judgement shall be used in dealing with such cases as this”.
Alderman Mumford then addressed Mr. Ellen. The Magistrates, he said,
were very pleased to think that he, at any rate, recognised the
responsible position in which he was placed. They were glad to express
the opinion that he acted very properly in the matter. They hoped that
in the future the police and the Magistrates would have every help from
those who held licences.
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Folkestone Express 3 September 1927.
Tuesday, August 30th: Before Col. Owen and other Magistrates.
L. Cpl. Robert Penman, of the South Staffordshire Regiment was summoned
for assaulting Leonard Cecil Laws, and he pleaded not guilty.
Leonard Cecil Laws, a barman at the Victoria Pier, said that on Sunday
evening, a fortnight ago, he went to the public bar of the Packet Boat
Inn with some other men. They were all sober. He entered the taproom,
and remained there until eight minutes to ten, when “Time” was called,
and he went out. He did not see defendant there. There was no
disturbance in the house while he was there. He was walking out of the
door, and as he brought his face into full view of the street he was
hit. He did not know where it came from, or who hit him. He only felt
one blow. The blow knocked him down, and he became unconscious. He could
not say he saw the defendant there. He was taken to the hospital,
attended by the House surgeon, and then taken home. Since then he had
been attending daily. His jaw was broken as a result of the blow.
Cross-examined by defendant: He did not hear the “King” played; he was
outside. There were some soldiers there in civilian clothes. He was
sober. He never had a drink in the house. He did not see the defendant
at all.
Alexander John Dodd, lnvicta Road, butcher, said that on the 11th August
he entered the Packet Boat Inn in company with three other men. They
were all together in a room at the back, where there was music. He saw
the defendant there. He heard no conversation, but there was some
singing. He heard the landlord call “Time”, and he walked out. When he
got out a civilian rushed at him and struck him three times. Two
soldiers parted them. The defendant struck him in the mouth, and his pal
stopped them and said “Keep out of this”. While he was speaking to his
pal he saw the defendant rush at Laws. The next he saw was Laws lying on
the ground. He was unconscious. There was no-one near Laws at the time
he fell. Defendant never said anything, but walked away, and then
returned.
Cross-examined by defendant: He did not hear the “King” played. There
were three soldiers together, and defendant was in civilian clothes.
By the Clerk: Defendant apologised to him for striking him., and that
was before Laws came out. He did not know what caused all the trouble.
Ernest Ellen, the landlord of the Packet Boat, said that at ten minutes
to ten the “King” was played. He saw Laws and the previous witness in
the back room, and they were there at ten minutes to ten. Nothing took
place inside. Laws wanted his friend to play, and said there was plenty
of time. He said to Laws “Who's the governor here, you or me?” Laws said
he did not know who the governor was, and he (witness) replied “What am
I, then?” He thought it was too late to play the piano. He saw defendant
there in civilian clothes.
George Featherbe, Invicta Road, a driver's mate, said he was in the
Packet Boat with Laws and Dodd. He was at the oher side of the room, and
when “Time” was called he went outside, and Laws was then lying on the
step. He did not see the Corporal.
The Clerk: You don't know much about it, do you? (Laughter)
Defendant, giving evidence on oath, said he was in the Packet Boat about
9.45 p.m. on the Sunday, and he and he had a drink. After the sing-song
the pianist played “God Save the King”. They all stood up, but Laws was
bending down, and he asked him if he would mind getting up. Laws made
use of two vile expressions. When they went out Laws rushed down the
steps, and went for him with his fists up. Laws missed him, and he hit
Laws twice. He then walked away. Laws was lying down with a crowd round
him. He asked his friend to see him, and he said he was all right. He
came out before Laws. Laws wanted to fight him inside, and said “What's
the matter with you?” He had a few words with Laws, and waited outside
to have a few words with him. The other man came down, and two soldiers
hit him. He did not hit the other man, but stopped them.
Laws said that he came out with his two hands in his pockets, and that
was the way he dropped.
Cpl. Hauswell, the South Staffordshire Regiment, said that at the close
of the sing-song, everyone stood up for the “King”, except Laws. He
asked him if he would stand up, and he made use of disparaging remarks.
Someone said “Get outside”. They went outside, and when Laws came out he
went straight across to meet defendant, who hit him.
Laws said he had his hands in his overcoat pockets.
Cpl. Price, South Staffordshire Regiment, said defendant stepped aside
when Laws flew towards him, and defendant hit him twice, a left and a
right.
Laws said he had never seen defendant before in his life.
L. Cpl. James Marshall, of the South Staffordshire Regiment, said
defendant hit Laws in self defence.
The Chairman said the Magistrates had carefully considered the case, and
they had decided to dismiss it.
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Folkestone Herald 3 September 1927.
Tuesday, August 30th: Before Colonel G.P. Owen and other Magistrates.
Corporal Robert Penman, of the South Staffordshire Regt., Shorncliffe,
was summoned by Leonard Cecil Laws for assault on August 14th.
Defendant first pleaded Guilty, but shortly afterwards entered a plea of
Not Guilty.
Complainant, who appeared in the witness box with a bandaged jaw, said
that on Sunday, August 14th, he went into the Packet Boat Inn with
several others. He entered a back room and remained there until eight
minutes to ten, and when “time” was called he went out. There was no
disturbance in the room while he was there, and he left the house alone,
his friends coming behind him. As he got to the door and brought his
face into the view of the street, he was struck on the left side of the
jaw. He did not know where the blow came from, nor who hit him. He was
knocked down and rendered unconscious. He could not say that he had seen
defendant there. He was taken to the hospital, and since then had
received attention for a broken jaw, which was the result of the blow.
Cross-examined: He was not drunk and he did not have a drink in the
house.
Alexander John Dodd said he entered the Packet Boat Inn at about twenty
minutes to ten, accompanied by Laws, and men named Featherbee and Hart.
They were in a room at the back of the “pub” and he saw defendant there.
He had no conversation but there was “a trifle singing”. He walked out
alone when the landlord called “time” and left Laws in the room. When he
walked out of the house a civilian rushed at him and struck him three
times. After that, two soldiers closed round them and separated them.
Witness was on the pavement. Defendant struck him in the mouth and then
after he had struck him, his (defendant's) pal stopped them and told
witness to keep out of it. While witness was speaking, defendant made a
rush and the next thing he saw was Laws lying on the ground. Laws had
been stepping out of the doorway. He was unconscious. Defendant did not
say anything and walked away, but returned. He was in civilian clothes
and when he struck witness he came to him and apologised. Defendant was
sober.
Ernest Ellen, landlord of the Packet Boat, said he saw Laws in the house
and the others. They were in the back room. Nothing took place inside.
He believed that the National Anthem was being played. Laws had a friend
who wanted to play the piano, but witness thought that it was too late.
Defendant was there in civilian dress.
George Featherbee said he went into the Packet Boat Inn with Laws, Dodd,
and Hart. When “time” was called he went out and when he was getting off
the step he saw Laws lying at the bottom of it. He did not see
defendant.
Defendant said he went to the Packet Boat between 9.30 and 10 o'clock.
He had a drink, and after a sing-song the pianist played “God Save The
King”. They stood up, but Laws was bending down, so defendant said “Look
here, old chap. Stand up”. Laws replied “---- the King”. Defendant went
outside, and Laws “came” for him. He came to hit defendant but missed,
and defendant hit him twice. Defendant then walked away. He saw Laws on
the ground with a crowd round him. Defendant got a friend to see Laws
and was told that he was quite all right. Defendant went out of the
Packet Boat as Laws wanted to fight him inside.
Corpl. R. Hauswell said that at the close of the sing-song the pianist
played “The King”. Everyone stood up, except complainant. Penman asked
him if he would stand up, but he made a “disparaging” reply. Someone
then said “Get outside”. Witness went out, and complainant went across
to meet Penman, who hit him.
Corpl. James Price said that at about two minutes to ten the National
Anthem was played and everyone stood up except complainant. Defendant
turned round and said “Stand up, old chap, they are playing “The King””.
Complainant made a very bad remark about the King and also one that
concerned defendant. Someone said “If they want to “argue the toss”, let
them get outside”. Complainant went down the steps and made some remark,
and “flew” towards defendant. Defendant stepped on one side and knocked
complainant down. He hit him twice.
L/Corpl. James Marshall also gave evidence.
The Bench decided to dismiss the case.
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Folkestone Express 14 January 1928.
Tuesday, January 10th: Before Mr. G.I. Swoffer, Alderman C.E. Mumford,
Col. P. Broome-Giles, and Dr. W.W. Nuttall.
Pte. David Black and Pte. Charles Jameson Webb, of the Argyll and
Sutherland Highlanders, Shorncliffe, were summoned for wilfully damaging
a window at the Packet Boat Inn, and both pleaded Not Guilty.
Ernest William Ellen, licensee of the Packet Boat Inn, Radnor Street,
said that between 9.30 and 9.40 p.m. on the 31st December, the
defendants went into the bar. They called for two drinks, and he noticed
they were the worse for drink. He refused to supply them, and asked them
to leave the premises. He took hold of one of them by the arm, and
escorted him to the door, as he refused to leave. He went, as he
thought, along Radnor Street to Tontine Street, and he (witness)
immediately went to the bar and took the other one out. He closed the
door, and heard a crash. He turned round and saw a soldier near the
window, and he saw Black hurrying along Radnor Street. Both soldiers
were in uniform. It was impossible for him to go after them, as his bar
was filled with customers. He reported the matter to the police after he
had closed. He had an estimate for repairing the damage from Messrs.
Dunk, and the amount was £5. He proceeded with Det. Constable Budgen to
Shorncliffe Camp, and men were paraded, and he identified Black as the
man who broke the window. He also identified Webb as the man who was
with Black in his house. He had no doubt that defendants were the men
who were in his house.
By the Clerk: He could not see Black's face, but he could identify him
by his clothes.
Det. Constable Budgen said in consequence of inquiries made, he
proceeded to Shorncliffe at 11 a.m. on January 2nd, and fifty six rank
and file were paraded by the Officer Commanding for the purpose of an
identification parade. Mr. Ellen went down the ranks, and without
hesitation picked out the two defendants. They were called from the
ranks, and he interviewed both of them, and told them he would charge
them with wilfully damaging the window. They made no reply.
Mr. Ellen (Re-called) said that from the time Black went out, the
breaking of the window followed almost immediately – less than half a
minute after. Webb had been gone some few minutes. There were other
soldiers of the same regiment in his house. He could not say whether any
other soldiers had left at the same time – they might have done.
Black said that on the 31st December he was out of the Packet Boat at
9.20 p.m., and Webb left him there about nine o'clock. When he went out
he went to the Harbour and caught a bus at 9.30. He met Lce. Cpl. Ford
of the South Staffordshire Regiment, and he was in the Victoria Hotel at
Cheriton at 9.45. He left the Camp with Webb, and was in his company
that night. He saw Webb at 10.30 when he went to barracks. He did not
know anything about the window. He was not the worse for drink, and he
remembered the landlord asking him to leave. He told the landlord he did
not want any drink, but wanted to see his mates in the back room. He
first heard a window had been broken two days later. He did not say
anything to the Detective Constable, because he thought it would be best
to reserve his evidence for the Court.
Webb said he went into Folkestone with Black, and they entered the
Packet Boat together. It must have been shortly after nine o'clock when
he left. They were refused drink. They had had drink, but they were
nothing like being the worse for it. He left the Packet Boat when he was
asked to go, and caught a bus at the Harbour. He last saw Black when he
went out of the Packet Boat, and he was then talking to the landlord. He
got to barracks about 9.40. He knew nothing about breaking the window.
When he was charged he did not think there was any need to speak about
it.
Lce. Cpl. Ford, South Staffordshire Regiment, Shorncliffe, said that on
the 31st December, at 9.30 p.m., he went to the Harbour to catch a bus,
and met Black and took him to the Camp. When they got to the Victoria
Hotel he asked Black to have a drink, and they went and had a drink. It
was 9.45 by the clock in the bar. He had left his wife's house in North
Street at 9.25. He did not know Black. He looked as if he had had a
drink, but he was quite respectable, and was not kicking up a row.
A Corporal of the Argyll and Sutherland Highlanders said he was orderly
sergeant during the week, and on the 31st December called the roll at
9.30. Webb and Black were entitled to be out on permanent pass. He was
going to the guard room about 9.40, and met Pte. Webb. He was then sober
and properly dressed, and Webb told him to take his name off the late
pass roll. Private Black reported at 10.20.
The Magistrates retired, and said the case against Webb would be
dismissed. They had very grave doubts about Black, but he was going to
have the benefit of the doubt, and he would be dismissed. The landlord
of the Packet Boat had done quite right in bringing these men forward.
Licence holders deserved every protection from the police and public.
They had a very hard duty to perform in their houses, and they
complimented the landlord for not serving the men.
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Folkestone Herald 14 January 1928.
Local News.
Two members of the Argyll and Sutherland Highlanders Regt., stationed at
Shorncliffe, Privates Charles Jameson Webb and David Black, were
summoned at the Folkestone Police Court on Tuesday for alleged wilful
damage by smashing a window at the Packet Boat Inn, Folkestone.
The case against Webb was dismissed, but in the case of Black the
Chairman of the Bench said “We have very grave doubts about you. You
will be dismissed, but the landlord of the Packet Boat has done quite
right in bringing the case forward”. Licensees had a very hard duty to
perform in their houses, he said, and the Bench complimented them in
bringing such cases as these before the Court. In this case the evidence
against the men was not quite clear, and they must be dismissed.
Ernest William Allen, licensee of the Packet Boat Inn, said between 9.30
and 9.40 p.m. on December 31st the men entered the public bar of his
premises and called for drinks. From the position in which witness was
standing behind the bar he could see that they were the worse for drink
and he thereupon refused to serve them. He asked them to leave the
premises. He took the nearer one (Webb) by the arm, led him to the door
and outside into Radnor Street. After putting the other man out, witness
was closing the door, when he suddenly heard a crash. Turning round, he
saw a soldier's cane at the window, which was cracked. Witness
immediately went out and saw a soldier, whome he thought was Black,
hurrying away. Witness estimated the cost of the replacement at £3.
By the Clerk: He could not see the defendant's face when he looked out.
He could identify him by his clothes.
Detective Constable Butcher said at Shorncliffe Camp, at 11 a.m. on
January 2nd, fifty men were paraded for identification. The last witness
picked out the two prisoners without any hesitation.
Re-called by the Clerk, the witness Allen said there were other soldiers
of the same regiment in the house that night, but none in the front bar;
they were in the back room.
Black, in the witness box, said Webb left the Packet Boat at 9 p.m., and
witness left later. He saw a friend, Lance Corporal Ford of the
Staffordshire Regt., and they caught a bus at the Harbour. He was with
Lance Corporal Ford at 9.45 p.m. When witness next saw Webb it was at
the barracks at 10.20. He was not drunk and did not know anything about
the window being broken until he was called up on parade.
Private Webb said he went into the Packet Boat with his friend on the
night in question, and left the place shortly after 9. He knew nothing
about the breaking of the window.
Lance Corporal Harry Ford, of the South Staffs. Regt., said he met Black
at the Harbour on the night in question, and they caught a bus and were
in Cheriton at 9.45. Black might have had a drink, but he was quite
respectable and was not kicking up a row at all.
A guard room orderly at the Camp said he met Private Webb there at 9.40.
He was sober and properly dressed in uniform. Private Black reported at
10.20.
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Folkestone Express 1 April 1933.
Local News.
At the Folkestone Police Court on Tuesday the Magistrates granted a
protection order to sell at the Packet Boat, Radnor Street, to Mr. J.
Sirrett, ex Sergeant Major in the Royal Marine Artillery, Mr. Ellen
being the outgoing tenant.
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Folkestone Express 7 October 1933.
Council Meeting Extract.
The Folkestone Town Council on Wednesday approved of the Health
Committee's recommendations concerning the scheme for dealing with the
whole of Radnor Street as a slum clearance, and further progress will
therefore be possible in connection with the rebuilding of the area. The
scheme include the compulsory purchase of four licensed houses, lodging
houses, a restaurant, stores, temporary buildings for amusement, and
workshops.
The Health Committee's recommendations dealing with the matter were as
follows: (extract)
Resolved: That Compulsory Purchase Orders be made for the purchase by
the Council; that there shall be included in the above-mentioned
Compulsory Purchase Orders the under-mentioned properties and such other
properties which are surrounded by or adjoin the clearance area,
including: Radnor Street, No. 59, public house (Packet Boat Inn); No.
24, public house (Jubilee Inn); No. 30, public house (Oddfellows Arms);
No. 38, public house (Ship Inn)
Councillor Dallas Brett said with regard to the four public houses those
were matters presenting somewhat of a difficulty. It was a difficulty
which had not been got over at the present moment, because it had not
been tackled, but he was informed at the Ministry in other schemes
throughout the country, where public houses had existed and had to be
got rid of, private arrangement with the brewers had been made, which
had been more satisfactory than would have been thought possible He
proposed to ask his Committee to give instructions to himself and the
Town Clerk to see what arrangements could be made. Whatever they did,
they had got to realise that the whole area had to be cleared, and that
they included in their plans two very valuable sites for public house
property, to take the place of one or two or more of the houses which
were in existence in Radnor Street at the present time. It was a matter
of negotiations.
Councillor Barfoot said he believed that the scheme would be materially
reduced if the stores and two public houses on the Fish Market were left
as they were, and if the houses which it was proposed to build on that
site were built on what was now the amusement park.
The resolution confirming the adoption of the recommendations was almost
unanimously carried.
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Folkestone Express 26 January 1935.
Editorial.
The Folkestone Council are making material progress with the scheme for
the clearance of the slums in Radnor Street, and this will undoubtedly
be pleasing to the majority of Folkestone people. Practically all
opposition to the scheme in the Council Chamber has vanished, and it is
clear that the members are determined that without any delay now the
operations will be pushed forward to a successful conclusion. Yesterday
the General Purposes Committee considered the Health Committee minutes
in connection with the further development of the scheme, and the
members were almost unanimous concerning the Committee's decisions.
These were mainly concerned with the licensed houses in teh area. These
might have provided a very knotty problem, for they were left out of the
proposed scheme by the Health Minister's order. Unless something had
been done in this direction three of the houses would have remained as
they were, and would have undoubtedly proved an eyesore set amidst a
modern and what will be a model housing estate. The Town Clerk (Mr. C.F.
Nicholson) was instructed to negotiate with the owners of the Jubilee
Inn, the Oddfellows Arms and the Ship Inn, and he is certainly to be
complimented upon the able manner in which he carried out those
negotiations, and which will certainly contribute towards the ultimate
success of the scheme. The present three houses will, if the proposals
go through as it is hoped, be demolished and will be re-built within the
layout of the whole scheme. This will necessitate an exchange of land,
and the owners will receive an added piece of land. Another licensed
house in the area will disappear, but that will be a matter of purchase.
The re-erection of modern licensed houses will certainly add to the
effectiveness of the clearance of the whole of the area. The purchase of
three houses in Radnor Street not included in the order will also give
added scope for dealing with the whole of the area in a manner which
will resound to the credit of Folkestone. In order that the re-housing
of people from the area and other areas can be efficaciously carried
out, the Committee yesterday also agreed to the erection of 32
additional houses on the Hill Road Housing Estate. Everyone who has
consideration for those people who have had to live in houses not worthy
of being called houses will assuredly agree with this extension of the
Corporation estate. It looks like being full steam ahead now with regard
to the Radnor Street slum clearance, and those who have regard for the
fair name of Folkestone will be exceedingly pleased.
Council Meeting Extract.
Yesterday (Thursday) the General Purposes Committee of the Folkestone
Town Council had before them the recommendations of the Health Committee
regarding the Radnor Street slum clearance scheme, and by their approval
considerable progress will be made in the proposals for the demolition
of the property. The recommendations include the demolition of three of
the licensed houses on the sit and their removal on to different sites,
and the removal of one house altogether.
The Health Committee's recommendations were as follows:- Radnor Street
Area: (a) Licensed Houses: The Town Clerk reported that, as instructed
by the Committee, he had been in negotiation with the owners of the
licensed houses excluded from the provisions of the Folkestone (Radnor
Street No. 1) Housing Confirmation Order, 1934. The result of the
negotiations is as follows: Jubilee Inn: The owners of this house are
prepared to erect a new house on the site provisionally allocated for
this purpose in the lay-out plan approved by the Council, subject to the
cleared site being conveyed to them in exchange for the site of the
existing Jubilee Inn. Oddfellows Arms: The owners of this house are also
prepared to erect a new house on the site provisionally allocated for
this purpose in the lay-out plan approved by the Council. This proposal
will also involve an exchange of lands, and is subject to the
Corporation agreeing to compensate the tenant for his trade fixtures and
fittings, such compensation to be fixed by a valuer to be agreed upon.
Ship Inn: No definite decision has yet been received from the owners of
this house, but it is likely that they will also agree to demolish and
re-build this house on a site in the vicinity of the present house. The
arrangement will also involve an exchange of lands. The whole of the
above mentioned arrangements are, of course, subject to the approval of
the Licensing Justices.
Resolved that the committee approve in principle of the above mentioned
arrangements.
Councillor Lillie said that meeting was brought forward a week in order
that the negotiations which the Town clerk had had in connection with
the licensed houses could be considered. If the licence holders had to
transfer their licence from the present house to the house it was
proposed to build no time should be lost in considering the
recommendations in order that the owners could be informed so that they
could appear before the Justices at the Brewster Sessions and make
application for their transfer. He would like the Committee to express
their approval of those negotiations, and also to make any remarks they
wished in regard to any items on those proceedings. He moved that the
minutes be approved. Alderman Mrs. Gore seconded.
Councillor Barfoot: Do you not think as the public houses are to be
pulled down an attempt should be made to reduce the number there? There
certainly does not appear to be any need for three in teh area. Cannot
an application be made to the licensing authorities to have the number
reduced?
Councillor Mrs. Thiselton: How many houses have to be sacrificed if the
Ship Inn is to be given a plot?
The Town Clerk: If it remains as it is it will take the site of two
houses.
Councillor Hart asked the Town Clerk whether the Ministry of Health did
not state that the licensed houses should not be reduced.
The Town Clerk: They did not say that. The Ministry excluded the
licensed houses under the Compulsory Purchase Order, which prevented you
from acquiring the properties. The point raised by Councillor Barfoot is
quite a different matter. I understand representations were made
comparatively recently to have one removed.
Alderman Stainer: That was about a year ago.
The Town Clerk: And the licensing Justices decided not to refuse the
licence.
Councillor Barfoot: The circumstances have altered.
The Mayor: In what respect?
The Town clerk: There is one house going. We are acquiring one of the
four there at present.
Councillor Johnson: Have we any information about trade done by these
houses – the barrelage?
Councillor Gadd: On a point of order. Is this not a question of slum
clearance and not redundancy of licence? Have we any authority for
dealing with redundancy this morning?
The Mayor: We have not. It will have to be brought up by an outside
authority. At the present time it is not before us.
Councillor Mrs. Thiselton said they offered doubling the plot of land
for the re-building of the public houses. Land constituted wealth, so
they were offering something in the shape of wealth to the owners of the
licensed houses. They were having to buy those new houses, and they had
a number of deficiencies which were caused through having to give up
that land.
The Town Clerk: It is not so.
Councillor Mrs. Thiselton said when they were in Committee the Town
clerk asked the Borough Engineer why he could not squash the houses up a
little more, and the Borough Engineer said it was impossible. It was
then discussed that they should buy the three additional houses.
The Mayor: That was more from the point of view of giving a better
approach to the houses.
Councillor Thiselton: I deny that.
The Town Clerk said he wished to explain that the Minister merely said
that they were not to spend £20,000 to buy public houses.
Councillor Mrs. Thiselton said it was no use discussing that; the public
houses were there. She was referring to the first meeting after the
Ministry's decision was published.
The Town Clerk said the Minister's order excluded the public houses in
order that the expense of acquiring them might be avoided. As, at any
rate, two of them interfered with the lay-out it became incumbent upon
them to arrange for their removal on some terms. The owners had agreed
to remove them all to other sites on the terms of exchanging land. They,
therefore, got the houses removed from their present sites as they
desired, at no cost other than that the sites on which they were going
were slightly larger than the sites on which the present houses stood.
“I have”, he said “seen the Ministry of Health of those proposals. They
think the proposals before you are extremely satisfactory”. They had got
the removal of the three licensed places from their present lay-out at a
very small cost indeed.
Councillor Davis said in four or five years' time the question of
redundancy might come up again. Would it not then cost more than it
would today to reduce the number? That was what he thought Councillor
Barfoot was driving at.
The Town clerk: Why should it be suggested in five years that you would
want to buy a new house?
Councillor Davis: It would not cost so much now.
The Town Clerk said the question of redundancy had nothing to do with
the Council. If there was a wish to reduce them in five or six years'
time there was the question of redundancy to consider, and that would
have to be decided by the Compensation Authority.
The Mayor: This question does not come within the scope of this Council.
Councillor Barfoot: Was it not understood that on the site of Nos. 5, 7,
and 9 a public house would be built on that corner?
Several members: No.
Councillor Kent said if that scheme was carried out they would have
three modern public houses with adequate accommodation, which they did
not possess now. The arrangements were, he considered, splendid.
The Mayor said he was present at the meeting of the Health Committee,
and he thought they were all indebted to the Town Clerk for the very
able manner in which he had carried out very delicate negotiations. He
thought the Council had done exceedingly well, and he considered the
best thing they could do was to agree to those recommendations
unanimously.
The resolution approving the minutes was carried, only Mrs. Thiselton
voting against it.
|
Folkestone Express 9 February 1935.
Editorial.
The Town Council are to purchase the Packet Boat Inn in connection with
the Radnor Street scheme, and therefore the Corporation will become the
possessors of a licence. How they are to dispose of that licence will
prove a very knotty problem for them to solve. A discussion on the
question at Wednesday's Council meeting clearly indicated that there was
a good deal of feeling over the matter, and when it comes before the
General Purposes Committee on Tuesday it is not improbable that there
will be a lively debate on the subject. Mr. Nicholson, the Town Clerk,
certainly did not deserve the rebuke concerning the action he had taken
in the matter so far by one prominent member of the Council, and it is
hoped that no heat will be evinced by any of the members when they meet
on Tuesday to decide what looks like being a very difficult matter. It
is hardly possible to imagine that the East Cliff Pavilion will be
suitable for a fully licensed establishment, and it mus be borne in mind
that the Licensing Justices would only grant a restricted licence to the
Leas Cliff Hall.
Council Meeting Extract.
The monthly meeting of the Town Council was held on Wednesday.
The Radnor Street Scheme.
Councillor Mrs. Thiselton said she would like to know if Nos. 5, 7, and
9, Radnor Street had been offered for the re-building of the Ship Inn.
Councillor Lillie said Councillor Mrs. Thiselton had learned there was a
wish by the owners of one of the licensed houses in the area to build a
new public house on the site of the three houses. The offer was still
open and they could negotiate with the Council. He thought he could hold
out no hope that they were likely to do so.
East Cliff Pavilion; Intoxicating Liquor Licence: The Town Clerk read an
extract from the proceedings of the Catering Sub-Committee of the 21st
January, 1935, recommending the removal of the intoxicating liquor
licence from the Packet Boat Inn, Radnor Street, to the East Cliff
Pavilion.
Resolved that the recommendation of the Catering Sub-Committee be not
approved.
Land at The Stade; Catering: (a) Proceedings of Sub-Committee; Read the
following provisions of the Catering Sub-Committee: East Cliff Pavilion
Intoxicating Liquor Licence: The Town clerk reported for the information
of the Sub-Committee that the licensed house known as the Packet Boat
Inn, 59, Radnor Street, is included in the Folkestone (Radnor Street No.
1) Housing Confirmation Order, 1934. The Corporation will acquire this
licensed house, including the intoxicating liquor licence. The
Sub-Committee considered the question of the removal of such licence to
the East Cliff Pavilion.
Resolved that this Sub-Committee recommend that at the appropriate time
the necessary application should be made for the removal of the licence
from the Packet Boat Inn to the East Cliff Pavilion.
Alderman Hollands said he wished to move that the Committee's
recommendation with regard to the purchase of the Packet Boat Inn be not
approved, but that it be referred to the General Purposes Committee for
further consideration. There was no doubt that it would be a contentious
matter. Councillor Bridgland seconded.
Councillor Saunders: This is a question of the transfer of a licence
which the Corporation would purchase through its slum clearance scheme
and would become the property of the Corporation. The suggestion was
that it should be transferred to the East Cliff Pavilion. The Town Clerk
introduced this matter to the Parks Committee. It was part of the Town
Clerk's duty to enter into negotiations for the purchase of the licence.
I want to say right away now that I oppose the transfer of the licence
to our pavilion, and I want to stop it. The matter was brought before
the Parks Committee. The Sub-Committee voted in favour of it, and when
it came before the Committee it was defeated by a majority. I suggest
there is no public demand for a full seven days' licence, and I suggest
there is no necessity for it. It would be detrimental to the
neighbourhood. It could not be said that it is in the interests of the
golf course, because it is a success. Some of my golf friends will not
agree with me. I suggest that the pavilion is better off without a
licence, and I hope the Council will give a decisive vote this morning.
The licence was put into the Leas Cliff Hall purely for the use of the
patrons of that hall. It was safeguarded by the Licensing Justices
putting a condition in the licence. I do not think it is any business of
the Corporation to enter into the business of a licensed victualler on
the East Cliff. I think the trade is able to supply all the public needs
in that vicinity. We have to use our discretion in this matter. I
deplore the action of the Town Clerk in bringing this to the Parks
Committee at all.
The Mayor: I object to that statement.
Councillor Saunders: I have a right to say what I think. I think it was
his duty to enter into negotiations for the purchase of the licensed
premises, but it is no part of the own Clerk's duty to initiate any
process. (Several members: He has not done that.) As far as I am
concerned, though I am the Chairman of the Committee who hold a licence
for the Corporation, I am distinctly against any furtherance of the
activities of the Corporation in that manner. I was against the Leas
Cliff Hall licence. The Council will do a grave wrong if they do not
support the majority of the Committee.
Councillor Kent: In a case like this where we have to pay a large sum of
money for a licence, and then have to surrender the licence, surely it
is the duty of the Town Clerk to bring it before the appropriate
Committee to see whether it was the wish of the Council to retain that
licence by taking it to a building erected by the Council. The Town
Clerk has acted properly in the minds of many of the members.
The Mayor: He would have been neglecting his duty if he had not done so.
It was his bounden duty to bring that matter forward, and he has done
so.
Councillor Saunders: I respectfully suggest it is a matter of opinion. I
have a right to put my opinion to the public.
The Town clerk: I should have had no authority to go and surrender that
asset of yours without consulting you, and asking what you should have
done with it, either using it or surrendering it in the hope that you
may get compensation. You are not bound to get compensation for it.
There is an asset, and it is not for an official to say what should be
done about it without consulting the authority.
Alderman Stainer: Has the Council ever approved of the East Cliff
Pavilion being used for the sale of intoxicating drink? (Cries of
“Yes”.)
Alderman Franks said he was going to support Alderman Hollands'
amendment. He did so because when a local authority was going to discuss
the question of a licence, did they not think the more light they had on
the question the more information the public got so that they could
frame up for and against? Let them have the full limelight on it. He did
not see why an opportunity should be turned down without the public
knowing anything about the chance or whether a licence should be granted
or not.
Councillor Hart said he was supporting Alderman Hollands' amendment.
When they arrived at the decision in regard to Radnor Street the Town
Clerk very rightly told them there was one house to go, and it remained
for the Council whether they wanted the licence moved to another place
or not. How did Councillor Saunders know the need did not exist? He (the
speaker) was in favour of that, and he would be affected by it if there
was a licence, for he had customers within a stone's throw of the East
Cliff Pavilion. He could assure Councillor Saunders that people did want
that place. He saw that some multiple firm had engaged the Pavilion for
a staff gathering, and a licence would be used on that occasion under
the management of Councillor Saunders.
Councillor Saunders: I object to that.
Councillor Hart: Who has applied for the licence?
Councillor Saunders: I wish to make a personal explanation, for a
reflection has been made upon me by Councillor Hart. I am the Chairman
of the Entertainments Committee, not the holder of the licence. The
Parks Superintendent rang me up one day last week and said they had an
application for an occasional licence for the Pavilion, and would the
Entertainments Manager apply for it? I said “Yes”, but I considered it,
and afterwards I rang him up, and said that I considered he should get
that occasional licence. The Parks Superintendent said “Very well”, and
rang up the Chairman of the Committee, who did not agree with that point
of view. I rang up Councillor Kent, whose point of view was that the
licence was the property of the Corporation, and that it was the duty of
the Entertainments Manager, rightly or wrongly, to apply for it. I took
the view that it was usually the duty of the Entertainments Manager to
apply for licences, and that probably it might be part of his job.
The Mayor: There is no personal reflection upon you.
Councillor Kent said he had no objection to the amendment. He felt the
licence was too valuable to surrender. He quite agreed something must be
done quickly, because the application would have to be made to move the
licence from one building to another at the annual licensing sessions or
the adjourned licensing sessions.
The General Purposes Committee would
have to be called together quickly.
The amendment was carried by 26 votes to five.
|
Folkestone Herald 9 February 1935.
Editorial.
A proposal to transfer the licence of the Packet Boat Inn, Radnor
Street, to the East Cliff Pavilion was considered by the Folkestone Town
Council at its meeting last Wednesday, and it was then decided to call a
special meeting of the General Purposes Committee (which consists of the
whole of the Council) to consider the matter. We hope that there will be
a unanimous decision at this meeting of the General Purposes Committee
not to allow a licence at the East Cliff Pavilion. The Packet Boat Inn
is included in the clearance area of the Radnor Street scheme, and the
Corporation, in accordance with the terms of the scheme, will acquire
this licence. An intoxicating liquor licence today is a very valuable
thing, and the Town Clerk would have been remiss in his duties had he
not called attention to the fact that this licence would become the
property of the Corporation. The proposal, however, to transfer the
licence to the East Cliff Pavilion is, in our opinion, wholly
unwarrantable. The East Cliff Pavilion is primarily a place at which
refreshments, including teas, can be obtained. It was built for the
convenience of residents and visitors in the East Cliff area, and we
nave little doubt that the majority of members who voted in favour of
the construction of this Pavilion never intended that it should be
licensed. In our opinion it is entirely unnecessary for a licence to be
obtained for this building. The area in which it is situated is largely
residential, and during at least nine months of the year the number of
visitors in that district is very small indeed. The provision of a
licence could not therefore be said to meet the requirements of visitors
during these winter months. In the summer months large numbers of
visitors of course visit the East Cliff, but surely it is not suggested
that they would become so thirsty that the convenience of a licence at
this Pavilion would be necessary. After all, visitors do not necessarily
come to the town to drink intoxicating liquor, and we believe that the
provision of a licensed bar at this Pavilion would defeat the whole
object of providing refreshments of a light nature for those who desire
them. The plain question which arises is whether, in the event of the
Packet Boat licence not having become the property of the Corporation,
an application would have been made to the Licensing Magistrates for a
new licence for the East Cliff Pavilion, and if so was there a
likelihood of such application being successful? The accident of the
purchase of the licence of the Packet Boat Inn does not in our opinion
justify the Council in licensing the East Cliff Pavilion, even if the
Licensing Magistrates were prepared to accede to such an application. We
suggest that no hardship of any kind will be suffered either by the
residents or visitors if the East Cliff Pavilion remains as it is at
present, providing light refreshments, teas and such like for those who
desire them.
|
Folkestone Express 16 February 1935.
Annual Licensing Sessions.
The annual Licensing Sessions was held on Wednesday at the Folkestone
Town Hall, when the Chief Constable (Mr. A.S. Beesley) reported that
there had only been 15 convictions for drunkenness, the number being the
same as the previous year. One licence, that of the Mechanics Arms, was
referred to the adjourned licensing sessions, all the others being
renewed. The licensing hours were extended for the whole of the summer
time period by half an hour, from 10 p.m. to 10.30 p.m. on weekdays.
Mr. R.G. Wood presided, and a number of Magistrates were on the Bench.
Radnor Street Licensed Houses.
Several of the clergy and ministers and representatives of various
religions and temperance bodies were present in Court, evidently with a
view to watching the proceedings concerning the licensed houses in the
Radnor Street area. Mr. C.F. Nicholson, the Town Clerk, was also
present.
The Chairman asked the Town Clerk if he had anything to say.
Mr. Nicholson said he really did not quite understand the position with
regard to the licences in the Radnor Street area. Did they want him to
explain what the Corporation's proposals would be?
The Clerk (Mr. C. Rootes): These licences will be renewed today?
Mr. Nicholson: Certainly.
The Clerk: Nothing comes in force until next year?
Mr. Nicholson: The Corporation do not own any of the licences for the
moment. I did not anticipate I should have to explain anything today.
The Chairman: We are asked to renew four licences in the area. We have
no official information. It is a question whether they should be renewed
or referred to the adjourned sessions. We know something by newspapers.
We can defer the renewal and in the meantime think over what action we
shall take.
Mr. Nicholson: The owners of these houses are not represented this
morning. Is it proper for me to say anything about it?
The Chairman: Why are you here?
Mr. Nicholson: I did not ask to be here.
The Rev. Dr. Carlile: Is this an application now being made for the
renewal of the four licences? If so, have the applications been made in
order?
The Clerk, to Mr. Nicholson: Is there anything you have to officially
mention? In the ordinary course there is an application for the renewal
of all the licences, which does not affect what you are doing in the
Radnor Street area.
Mr. Nicholson: I am not making any application this morning.
The Chairman: We would like to have some information of what is likely
to happen.
Mr. Nicholson said as they were probably aware the Corporation had
submitted to the Ministry of Health a compulsory purchase order. There
were four licensed houses in the area. The Ministry declined to allow
the Corporation to purchase three of the houses and they were struck out
of the order. The remaining house, the Packet Boat, would be acquired by
the Corporation as a going concern. It so happened that the Jubilee, the
Ship, and the Oddfellows Arms, where they now stood, interfered with the
proposed lay-out of the new houses, and on instructions he entered into
negotiations with the owners. Two of them, the Jubilee and the
Oddfellows Arms, agreed to re-erect, subject to the approval of the
Magistrates, on alternative sites that would enable the Corporation's
lay-out scheme to be proceeded with. With regard to the Ship Inn, he had
not yet received the decision of the owners as to whether they were
prepared to pull down and re-erect a new house. The terms of the
arrangements with the Jubilee and the Oddfellows were subject to
applications which would be made to them in due course. There was to be
an exchange of land in connection with them. There was to be no cost to
the Corporation other than paying the tenant for the trade fixtures.
With regard to the Ship Inn, he had not obtained information whether
they were prepared to pull down. That house did not interfere with the
scheme so much as the other two. It would be much better for the scheme
if that house was pulled down and re-erected, but the Corporation could
not insist upon it. The other owners had done all they could to assist
in their scheme. The Packet Boat would be definitely acquired. Notice to
treat had been served and a claim had been sent in. The Ministry
confirmed the order which included that house.
Mr. E.H. Philcox, who stated he represented a number of residents in
that area, said he would like to raise a question on the renewal of the
houses.
The Clerk: I cannot see you have any locus standi.
Mr. Philcox asked if the matter for the removals would come up at the
adjourned sessions. If so, he would be there to object. It seemed to him
they would be able that day to only provisionally renew the licences for
the time being, or mention that they would be referred on the ground of
redundancy.
Dr. Carlile said a very considerable number of residents were interested
in those four licences. If there was any consideration of the question
of the renewal of the licences they definitely asked that their views
might be considered in reference to redundancy.
The Chairman enquired what the police view was.
The Chief Constable said at the Magistrates' primary meeting he received
instructions to go into the question of redundancy and ascertain whether
it would be possible to differentiate between the houses. He did so and
he found some considerable difficulty in saying because it was an
established fact that there were not too many licensed houses for the
summer trade in the area. All the houses did extremely well. Whether
they were structurally adapted or not was open to enquiry. The houses
less structurally fitted were doing a better trade. More customers were
in those pokey houses than in the better houses. There was, he supposed,
a psychological reason for it. He had had a system of paying monthly
visits and it gave him a line on the trade. He had selected a certain
number of houses and they had put them into three groups.
The Chief Constable then described the groups and gave details of the
numbers of customers in them at certain times. The first group consisted
of the Mechanics Arms, the Honest Lawyer, and the Harvey Hotel. The
second group included the Harbour Hotel, the True Briton, the London and
Paris Hotel, and the Princess Royal. The third group were the Alexandra
Hotel, Royal George, South Foreland, the Wonder, the Pavilion Shades,
the Chequers, the Wellington, the Royal Oak, and the Lifeboat.
The Magistrates retired to consider the matter and on their return the
Chairman said they had decided to renew all the licences with the
exception of the Mechanics Arms, which they renewed until the adjourned
licensing sessions when it would be considered with regard to
redundancy.
Dr. Carlile: Then no objection can be taken here and now, or in any
other place, to the four licences involved in the scheme?
The Clerk: There will be applications for removals later and anyone can
be heard at the time those applications are made. That is the position.
The Chairman: It will be better for the objections to be raised when the
transfer comes along.
Dr. Carlile: It puts us at a very serious disadvantage. There will only
be a question of renewal then.
The Chairman: It is a question of renewing them for one year now.
Dr. Carlile: It will be a question of the removal of licences that have
already been granted.
The Chairman: That is the position.
Editorial.
The members of the Town Council on Tuesday had a big debate on the
question of the proposal to transfer the licence of the Packet Boat Inn,
which is to be purchased under the Compulsory Purchase Order in
connection with the Radnor Street slum clearance area, to the East Cliff
Pavilion. The discussion was conducted in a particularly calm and
well-reasoned manner, and one feature of it was the manner in which the
proceedings were handled by Alderman Franks, who was voted to the chair
in the regretted absence of the Mayor through illness, and the Deputy
Mayor. Alderman Franks certainly showed his great capability to occupy
the position, and his able conduct of the business undoubtedly convinced
every member present that he should in the near future undertake the
highest honours which a town can bestow on one of its citizens. The
Committee decided that the Council should be recommended to make
application for the transference of the licence to the East Cliff
Pavilion, and so paved the way for what will be unquestionably a stern
fight over the matter before it is ultimately decided. It was made quite
clear by those who supported the proposal that there is no thought of
turning the Pavilion into what is regarded generally as a public house,
and this fact should allay the qualms of quite a number of people
concerning the matter. It was stated by one of the chief supporters of
the proposal that he would endeavour to see that there should be a
condition imposed that no drinks should be served for consumption off
the premises, and other speakers hinted that there would be no bars in
the usual acceptation of the term. One of the objects of the erection of
the Pavilion was to supply refreshments to meet the needs of the many
thousands of people who flock to what is becoming one of Folkestone's
principal attractive spots, and if the licence is to be mainly for the
purpose of supplying alcoholic drink to people using the building for
obtaining refreshments, then doubtless some of the opposition, which
would have been launched against what is regarded as a public house
licence only, will evaporate. One argument used was that if the licence
was not transferred to the Pavilion it might not be long before another
application is made for a real public house to be built in the district
by a brewer's firm offering to transfer a licence from another portion
of the town to that area. This has been done frequently up and down the
country. Some of those who objected to the proposal did so on the ground
that a municipal authority should not become licence holders, but
Folkestone would not be the first local authority to become possessed of
such a licence. Some seaside resorts which are often quoted as examples
for Folkestone to follow in some directions hold licences in similar
circumstances as proposed by the Committee's resolution. I suppose there
will be petitions and counter-petitions, and whoever has the ultimate
task of deciding the question will have a difficult task placed on their
shoulders. It will be remembered that when the Leas Cliff Hall obtained
the licence the decision was not upon the local Magistrates, but
Justices from the Elham Division sat at Folkestone Court, and agreed to
the transfer of the Rose Hotel licence to Folkestone's attractive hall.
I suppose a similar procedure would have to be adopted in this instance
if the resolution passed on Tuesday meets with the approval of the
Council, as it seems likely, provided there is not a swing of the
pendulum so far as the opinion of the members is concerned.
Council Meeting.
The General Purposes Committee of the Folkestone Town Council on Tuesday
discussed the question of whether application should be made for the
transfer of the licence of the Packet Boat Inn, which is to be purchased
under the Radnor Street slum clearance area scheme, to the East Cliff
Pavilion. The Sub-Committee of the Parks Committee recommended that that
course should be adopted, but the Parks Committee recommended that the
Council should not approve of the application being made. At the Council
meeting last week it was decided that the matter should be referred to
the General Purposes Committee for consideration.
The Mayor was unable to be present owing to illness on Tuesday when the
General Purposes Committee met, and the Deputy Mayor was also absent.
Alderman T.S. Franks was elected to the chair in the absence of the
Mayor and Deputy Mayor.
The Chairman said the Town Clerk informed him that he had received
several letters addressed to him on the subject, and the Committee would
probably like the letters read before discussing the matter.
The Town Clerk then read the letters, the first being from Dr. H.
Dodgson, Sea View, Dover Street. It stated “I notice by the Folkestone
Herald that a special meeting of the General Purposes Committee of the
Town Council is to be held on February 12th for the express purpose of
discussing the question of transferring the licence from the Packet Boat
Inn, Radnor Street, to the East Cliff Pavilion. I wish to register my
emphatic protest against any such action being taken. My reasons for
doing so are: (1) In my opinion it is absolutely unnecessary. (2) I am
very much afraid it will lead to all kinds of immorality, as the
excessive use of alcohol almost invariably does. (3) The neighbourhood
of the East Cliff has in recent years developed considerably, and is now
a credit to the Borough. I consider it should be the desire of the
Council to keep it free from any influence that could possibly injure
our young people. (4) A licence at the East Cliff Pavilion would
deteriorate the value of all property in the vicinity. (5) As a
ratepayer, I strongly object to virtually becoming a shareholder in the
liquor traffic activities of the Borough Council. I shall be obliged to
you if you will bring this letter to the notice of your Committee
tomorrow”.
The Folkestone Branch of the National British Women's Total Abstinence
League wrote “The members of the above-mentioned Union understand that
the General purposes Committee are meeting tomorrow to consider
specially the question of granting a licence for the sale of
intoxicating liquors at the East Cliff Pavilion. In view of the fact
that the Pavilion is one of the places in the town where our young men
and women will congregate in large numbers, we deplore the possibility
that such a licence may be granted, and in their interests urge upon the
Committee the undesirability of such a course”.
A letter on behalf of the Folkestone Girl Crusaders, the Boys' Brigade,
and the Gordon Club was as follows “Will you kindly place this letter
before the General Purposes Committee at their meeting tomorrow
(Tuesday) to discuss the granting of a licence to the East Cliff
Pavilion. Being deeply interested in the moral welfare of young men and
women, we strongly desire the authorities to consider carefully the
temptations with which our young people will be faced if a licence is
granted to the East Cliff Pavilion. These temptations, almost invariably
present wherever intoxicating drinks are sold, will be made still more
difficult in view of the situation of the hall rendering it difficult
for efficient supervision, and also owing to its being on the borders of
the Warren; lonely, unprotected country. We wish to register our protest
against the granting of this licence as it may easily make this part of
the town undesirable, if not dangerous, to the moral welfare of our
young people. As our work brings us into contact with many young people,
we do know in the majority of cases that drink has been the first step
towards moral ruin”.
Miss A. Wilson, of Lennard Lodge, Lennard Road, wrote “May I voice a
protest against the proposal to allow intoxicating drinks to be sold at
the East Cliff Pavilion to the deterioration of the property owners and
the usual discomfort of residents – which generally does take place when
closing time comes along – disturbing the rest of so many invalids and
visitors who live in what should be a rapidly rising residential area.
Also it will encourage the most noisy type of trippers to spoil the East
Leas, which during the summer months is so appreciated by an ever
increasing number of people. Truly hoping it will never come to pass”.
Dr. T.W. Crawford sent the following letter from Lennard Lodge. “As a
ratepayer living near the East Cliff, I beg to protest against the
proposal of transferring a licence to the East Cliff Pavilion. I venture
to assert that the great majority of citizens living over here would, if
consulted, not consider it advisable to have licensed premises in this
residential area. We do not consider it advisable to have intoxicants
sold near to our sports ground and golf course, which is frequented by
so many of our young people. We consider that our town has enough
licensed premises already, and strongly protest against any more being
established in residential districts of our town”.
A letter from the Gordon Club was as follows “As representatives of this
club whose aim is to help the unprivileged youth of this town to attain
the highest development of manhood in body, mind and spirit, we are
greatly concerned at the proposal to transfer a licence to the new
pavilion on East Cliff. We feel that facilities to obtain intoxicating
liquor there cannot but be detrimental to the young people of both sexes
who use the East Cliff golf course and the municipal tennis courts, and
others who congregate in the neighbourhood. Moreover, the position of
the building, in a public park on the outskirts of town, renders proper
police supervision difficult, thus it will not be easy to check any
tendency to misconduct of any sort which may arise. We earnestly hope
that the Council will register a decision more in accord with the aims
of this and similar bodies who are striving for the moral uplift of the
town”.
Mr. Arthur T. Cook, of Carshalton, Surrey, wrote “I see by your local
paper that the question of a licence for the new pavilion on the East
Cliff has arisen, and as an old and very frequent visitor to your
health-giving resort I trust you will not take exception to my writing
to you on the subject, as in my own humble opinion the east end of the
town is becoming the most popular owing to the fact that you now have a
very nice stretch of sand and safe and delightful bathing, but I must
admit that there is not a licensed house in the vicinity of the East
Cliff (with the exception of the Royal Pavilion Hotel) where one feels
disposed to take a lady, and I consider that a licence at the new
pavilion is the very thing that is needed. If I may be so bold, might I
also suggest that another boon for the East Enders would be a band
performance on the East Cliff, say two or three evenings a week? I think
you will agree with me that the popular taste has to be catered for, and
as proof of this assertion, might I point to the great success of your
Popular Wednesday evenings at the Leas Cliff Hall, and on my next visit
I hope to see similar gatherings in the new Pavilion. I trust you will
not consider these suggestions out of place from one who is not a
ratepayer, but only as from one who wishes to see your town cater for
the public and so bring more prosperity. Might I sign myself as a
well-wisher?”
A letter from the Folkestone Equitable Golf Club was as follows: “I
would be pleased if you would kindly cause the following to be placed
before the General Purposes Committee at their next meeting, which, I
understand, is being held on Tuesday, the 12th inst. At a meeting of the
above club I was instructed to communicate with the appropriate
Committee regarding the proposed transfer of the licence of the Packet
Boat Inn to the East Cliff Pavilion. The following is not purely the
opinion of our members as a Golf Club, but as ratepayers, of whom our
members are about 90 percent. It is felt that having regard to: (a) The
tens of thousands of people visiting during the year; (b) the
residential growth of the East Cliff; (c) the fact of the Town Council
sinking some thousands of pounds in the erection of the East Cliff
Pavilion; (d) that the East Cliff definitely warrants this licence. The
Town Council having acquired this licence, which, we assume, has cost
the town no small amount, have now an opportunity of opening up, without
any cost, another source of revenue by transferring this licence to the
East Cliff Pavilion. It would appear to be deplorable to throw away such
a valuable asset, and we are of the opinion that there will be, and is,
a public demand for this licence, and having regard to the revenue point
of view a real necessity for it. We do not think that the granting of
this licence will be in any way detrimental to the neighbourhood, for
many of our residents are members of this particular part of the town,
and their opinion is at least worth some consideration. It is therefore
hoped that the General Purposes Committee, when discussing the question
of this licence, will have due regard to the opinion of a few ratepayers
who would not relish the knowledge that such an asset and source of
income had been cast aside. Yours faithfully, W. Smith, Hon. Secretary”.
Mr. J. Tucker, of Purley, wrote “I have read with interest in the
Folkestone Express and Hythe Advertiser the debate which took place in
Council regarding the licensing of the East Cliff Pavilion. May I, as a
frequent visitor over a number of years, and an ardent admirer of
Folkestone, be permitted to express the hope that the licence will be
applied to the East Cliff Pavilion, which is unquestionably a very fine
hall. I think it is only a matter of time before it is found that the
attractions of Folkestone have moved eastwards on account of the bathing
facilities at that end, and in view of the structural alterations about
to take place. This being so, it should, in fairness to visitors staying
at that end, be possible for them to attend dances, etc., in the
Pavilion without being “forced” to the Leas Cliff Hall. Furthermore, I
know of no suitable place where one can take a lady for some mid-day
refreshment after a round on the golf course. May I be pardoned for
taking what, as a non-ratepayer, may be considered a libert in writing
to you”.
Mr. R.R. Tatt, East Cliff, Folkestone, wrote: “With reference to the
purchase of a licence for the East Cliff Pavilion. I have read that the
residents in the East Cliff district say this licence is not required.
As the proprietor of a large of a large boarding house I would like to
say that it was a general remark among visitors who saw the Pavilion
being built and afterwards saw it opened, that it was a great
improvement, and when a band – (we understand a bandstand has been
suggested) - and a licence were provided, it would fill a long-felt want
on the Cliff and help considerably to popularise this end of town. From
a visitor's point of view, more particularly a day visitor, picnicking
with his family on the Cliff, is it not very desirable that all members
of the party should be able to obtain refreshments of any description
from the same refreshment house, and at the same time a profitable
business worked up by the Council? Is this not desirable? Why is it that
those who complain most about losses on Corporation entertainments,
etc., are the first to say “We don't want the place for the profit”?
What are we ratepayers to understand? The pavilion is far enough away
from any licensed premises to cause no loss to anyone else, and it would
give a great amount of satisfaction to visitors who already know our
beautiful cliff, and at the same time popularise the golf and tennis
court and East Cliff sands. The Corporation has an opportunity to make
money by drawing to the places where chairs, etc., are all Corporation
owned. Can you tell me why there is any opposition?”
The Town Clerk, after reading the letters, said: I am pleased to say
that is all. (Laughter)
The Chairman said he wished to make a personal explanation. During the
discussion in the previous week he stated that he remembered that
provision had been made in that building by the Parks Committee, of
which he was Chairman at the time, for the facilities for selling
intoxicating drink. He wanted to make it plain that there was never any
question of there being a public house licence there. Some years ago,
when they started golf on the East Cliff, they had an application from
the different clubs to erect a hut in order that members might have
facilities for a club licence if they thought fit. The Council wanted to
retain entire control of the golf course, and they did not want to have
the place disfigured by a variety of huts. He then said when the time
arrived the Committee would probably put forward proposals for erecting
a utility building in keeping with the neighbourhood. He never heard,
nor did he understand, that he conveyed that the facilities would be for
a public house licence. The Committee wanted to make the Pavilion a
complete building, and so prevent alterations afterwards, therefore
provision was made for certain facilities.
Alderman Hollands said he would like to move a resolution on the lines
that the Council take the necessary steps when the time arose to
transfer the licence from the Packet Boat to the East Cliff Pavilion. He
did so as one of the oldest representatives of the East Ward. He
appreciated the fact that they were there to do the best for those whom
they represented. In his opinion they would be doing the right thing in
getting a licence. There was an advantage placed at their disposal to
obtain a licence. They had to purchase the Packet Boat Inn, and
therefore the licence was at their disposal. They could, if they thought
fit, surrender the licence, but he was afraid they would not get very
much for it. There was no decent public house within half a mile of that
Pavilion. There was no more desirable building for such a licence. They
would be providing lunches at the Pavilion in the summer, and people
would be requiring drink with their lunches, and they could not send
round the corner for it. Was it not high time we woke up to the fact
that British people were a responsible, clean-minded set of people? He
had had no-one approach him against the licence, but he had had letters
from many people pushing him to secure that licence for the East Cliff
Pavilion. They need not keep the Pavilion open all the year. They might
open it in the winter in the daytime, but it could be closed in the
winter. He thought in the summer months the licence would be a great
benefit, and not a detriment. The Hotel Metropole was only open for
about three months of the year. The liquor trade was tied up with all
sorts of restrictions. He lived in that district, and he did not think
the value of property would go down if the licence was obtained; in
fact, he thought it would help to make the property more valuable. There
were people who were definite Prohibitionists and who wished to prevent
anyone from drinking. They had an illustration of that in America, where
there was more cursedness and wickedness going on when they found
substitutes. They had better have moderate drinking as they had in that
country, and trusting people, instead of something like the conditions
they had in America. He hoped the Council would be broad-minded and act
in the interests of the town by agreeing to that transfer of the
licence.
Alderman King-Turner said he rose to second the resolution. He had been
fighting for 24 years against conditions to the detriment of people in
the ward, and had given the best part of his life for the uplifting of
that portion of the town. He did not think they could take the letters
seriously. It seemed to him that some people thought they would be
committing a crime if they permitted a licence there. He had been
appealed to get a licence many times for that building. The licence was
necessary for that part of the town, and they should give people the
advantages they desired. He was not going to take it that it was a crime
to have a licence there. He wanted to give facilities for the people up
there to help themselves. He was broad-minded, and asked the members to
support the resolution. The licence would be one of the most perfect
things to provide on the East Cliff.
Councillor Mrs. Thiselton said apparently the only attractions for
Folkestone in the future would be the facilities visitors could get for
drink. Their children, it had been stated, were not allowed in a public
house, so did that mean that children would not be able to go into the
Pavilion? That Pavilion was the resort of young people and a place where
entertainment and refreshments could be obtained. That question was
inadvertently mentioned at one of the Health Committee meetings several
weeks ago, and the Town Clerk immediately stifled the discussion in that
Committee. She did not think he could deny that. She could not see why
that matter should be rushed and for that Committee to meet before the
Brewster Sessions. There was, therefore, no time to do anything after
the decision of this Committee was known. “It is extraordinary”,
Councillor Mrs. Thiselton said, “that Alderman Hollands should take that
action, for he has a son employed by the Parks Committee. Mr. Kent is,
or was, a licensed victualler, and Mr. Bridgland is, I believe, related
to the family who has been interested in the catering previously”.
The Chairman: I hope you will not enter into personalities, Councillor
Mrs. Thiselton. One is not a keeper of their relations. I suggest you
keep within bounds. I ought to mention this matter is not rushed. The
Brewster Sessions has nothing to do with this licence.
Councillor Mrs. Thiselton: It must be settled today.
The Chairman: I ask you to be more careful in your statements.
Councillor Mrs. Thiselton: Last year we started with the advertising of
whisk distillers on the East Cliff. For the sake of the youth of
Folkestone I appeal to the Council to reject the recommendations before
us. I do not think anyone in this Council has had longer experience than
I have had of work amongst young people, starting when I was 18. I have
worked and lived in the East End of London and in the provinces. I have
worked in France and other foreign countries, and it is ridiculous to
compare our habits with those of the French. Our whole outlook is
different. I hope that those who are responsible for deciding this
matter will think twice before they support this resolution.
The Town Clerk said if that resolution was carried it was only a
resolution of the Committee and had to be confirmed by the Council. This
will not come before the Brewster Sessions or the adjourned Sessions. If
it is decided that the application be made and it is approved by the
Town Council the application will not be made before the Brewster
Sessions or the adjourned Sessions.
Councillor Davis said he thought it would be helpful to him if the Town
Clerk would answer the question: “What happens to the licence if the
Council decide not to apply for its transfer to the East Cliff
Pavilion?” He would also like to know what would be the position if in
the near future it was thought that a licence was necessary in that
district.
The Town clerk said they were purchasing a licensed house in the Radnor
Street area, known as the Packet Boat. The price they would pay for that
would be just the market value. As a matter of fact he had received that
morning a claim from the owners of the house in response to the notice
to treat, and the amount of the claim is £4,693.
Councillor Saunders: How much of that is for the licence? Are you not
including the value of the building as well?
The Town Clerk: That is for the whole of the building.
Councillor Saunders: The licence is only part of the cost?
The Town clerk said looking at the provisions of the Housing Act, 1930,
there was a special clause which dealt with the provisions of licensed
houses purchased by the local authority. There were several methods in
which they might deal with it. Councillor Davis asked what would happen
to that licence in the event of it not being transferred to the East
Cliff Pavilion. According to sub-section 2 of section 14, if they
purchased or contracted to purchase the premises, the Authority
intimated to the Licensing Justices that they were willing to surrender
the licence, the Justices might refer that matter to the Compensation
Authority, and that Authority, on being satisfied that the licence, if
not surrendered, might properly have been dealt with as a redundant
licence, should contribute out of the compensation fund to the local
authority the sum not exceeding the compensation which would have been
payable under the Licensing Consolidation Act, 1910, on the refusal of
the renewal of the licence. They would, therefore, be at liberty to go
to the Licensing Justices, and if they agreed that the licence is not
surrendered might properly be dealt with as a redundant licence they
might award their compensation for its surrender. The compensation for
surrender was the difference between the value of the premises as
licensed and the value of the premises without a licence. The amount of
the valuation is that specified by the Commissioners of the Inland
Revenue. That was one method. Another method of dealing with it was, of
course, that which they were considering. There was still another
method, and that was to endeavour to dispose of the licence by finding
someone to purchase it.
Councillor Davis: What would be the position if the Council did not have
the licence and later found they wanted a licence?
The Town Clerk said if that licence was not transferred to the Pavilion
and either surrendered or sold, and at some future time they found they
wanted a licence at the East Cliff Pavilion, they would have to apply
for a new licence, which, he thought would be admitted by everyone,
would be difficult to obtain. They would have to pay a monopoly value on
the granting of a new licence, which would add to the cost. The monopoly
value was the difference between the value of the premises as licensed
and unlicensed, so it might be a very considerable sum.
Councillor Younghusband: Approximately what would be the actual cost of
the licence?
The Town Clerk: The licence duty in respect of the licence if
transferred to the East Cliff Pavilion would be half the net annual
value of the premises.
Councillor Saunders: Can you tell us that now?
The Town Clerk said the Borough Treasurer stated it would be in the
region of about £200.
Councillor Saunders: It would be about half that?
The Town Clerk said as the premises were not rated the figure would have
to be agreed with the Commissioners of Inland Revenue.
Councillor Hart asked if the Town Clerk would make it clear that under
certain circumstances they would be entitled to get a reduction from the
Excise Commissioners.
The Town clerk: The net annual value will be agreed with the
Commissioners of Inland Revenue.
Councillor Fletcher asked if the Council were bound to purchase.
The Town Clerk: You have given notice that it is to be bought under the
compulsory purchase order. The Licensing Justices decide what houses are
redundant. It is not for the local authority to say what houses are
redundant. You have to buy the Packet Boat Inn, and you have to pay the
market value for it.
Councillor Saunders said it was utterly obvious that some alterations
were necessary in that building to adapt it for the use of a full public
house licence, which is entirely different to a club-house licence they
had in mind first.
Councillor Kent: I think the Borough Surveyor can give the approximate
cost.
The Borough Surveyor said details had been got out, and they provided
for the alteration of cloak room. Including everything the figure was
£160.
The Chairman: Do I understand that the Parks Committee have thought fit
to decide as to the alterations?
Councillor Kent: A meeting of the Catering Sub-Committee was held, and
the Surveyor was asked to prepare a figure.
Councillor Saunders said Alderman Hollands had suggested that no
attention should be paid to the people engaged in looking after the
young life of the town. His position was a peculiar one, because, he
said unhesitatingly, he had seen some of the effects of a licence under
municipal control on the young life of the town. The Corporation, in
holding a licence and being the local authority, put the police force in
an extremely delicate position. That building was in a public park, and
the Home Office did not pay their quota for controlling public parks.
They would not only have to pay for the cost of the licence, but for
patrolling the area.
The Chairman: The building is on a police beat.
Councillor Saunders said it was a question of principle with him. Was it
advisable for a local authority to enter into a trade the difficulties
of which it had been admitted of the danger it carried. He suggested
they wanted to look at that matter from the broader aspects. They wanted
to get away from the point of view of the cost, and to consider whether
they were doing their duty, particularly to the young people of
Folkestone, in putting licensed premises in that particular
neighbourhood or in any building owned by the Corporation. He was going
to say that they would get better control, better everything, if they
got a really good licensee than they would under Corporation management.
He thought that was the point of view of everyone. Personally he
deplored the fact that the Council were seriously considering that, for
it was a business they should keep out of. They had a licence at the
Leas Cliff Hall, but they had got it under safeguards, fortunately. He
was never in favour of it when it was installed. There they were going
to set up an ordinary public house in the ordinary accepted term. The
Corporation were going to enter into the business, if they agreed with
that resolution, of a licensed victualler, with all its ramifications
and with all its potential dangers to the people. He was convinced it
was not going to be an asset. The proper thing was to treat the licence
as part of the clearance scheme. That was a business best left to
private enterprise. They would be entering into serious competition with
other people. Referring to the cost, looking at it from all points of
view, he did not believe their profit was going to be anything much, and
not enough for the Council to worry about. If they talked of it as an
amenity, it was an amenity the Council should leave alone. Anything that
would increase the attractions of Folkestone he was prepared to vote
for, but for anything that was prejudicial to the best interests of the
people it was not part of the Corporation's business to assist in
facilitating something which every decent man and woman knew was not
either physically or intellectually going to do any good. To his mind
that was a perfectly true statement, and he was not speaking as a
teetotaller. All he could say was that if they passed that resolution
they must realise they were doing something which might have a
detrimental effect on the young people.
Councillor Hart said Councillor Saunders had stated that he had been a
holder of a licence. He wanted to ask him whether he had ever held an
on-licence.
Councillor Saunders: I have made a statement that I have held a licence.
That is perfectly true.
Councillor Hollands: He will not answer the question.
Councillor Chittenden said he agreed with all that Councillor Saunders
had said. He was one of the Committee who got the Pavilion through the
Council. He thought they were all proud of the fact that they had got
it, but his enthusiasm would have been considerably less if he had
thought that the Corporation would run it as a public house. If a man
wanted a pint of beer it was up to him to decide for himself, but the
Corporation should not be the one to tempt him to do so. He should
oppose the transfer of the licence to the Pavilion.
Councillor Hughes said he was delighted with the way in which Councillor
Hollands had brought that resolution, for they wanted to approach that
question not in the personal spirit. They had to look at that matter
from the point of view of Folkestone and the neighbourhood. He was
convinced it would be a very grave step on the part of the Corporation
if they decided to transfer that licence, and he thought eventually time
would prove that to be true. He believed it would lower considerably the
tone of the whole neighbourhood in which the Pavilion was placed if the
licence was transferred there. He thought it would put the brake on and
considerably retard the building of the sort of residences they desired,
they needed, and wished to develop. They had got Dr. Barnardo's Home and
St. Andrew's Home near, and licensed premises would not be pleasant for
the inmates of those homes. He did not believe it was in the interests
of any town that the municipality should run licensed premises, and he
definitely disagreed with them doing so. He had had a considerable
number of letters on the subject, and all those who had approached him
were definitely against the suggestion. He thought the consensus of
opinion was very much against than for the proposal. He felt that the
Corporation had no mandate or any right to put temptation in the way of
the young people in that neighbourhood, nor did he think it would be in
the best interests to make it a rendezvous for the young fellows on the
Camp. He had had 35 years in temperance work, and he wanted to appeal to
those who had no strong feeling on the matter, and who had children of
their own, to ask them whether they would like their own boy or girl
frequenting that place at eleven o'clock at night when the lights were
low. The Corporation should not put temptation into the lives of young
people.
Councillor Bridgland, reading from a document regarding the letting of
the Pavilion, said it stated that in the event of an application being
made for the sale of intoxicating liquor the licence should be obtained
by the Entertainments Manager. He would like to ask the Chairman of the
Parks Committee if Councillor Saunders was not present when that was
passed at the Parks Committee meeting, and if he was not present at the
Council when it went through and he did not oppose it in any shape or
form.
Councillor Saunders: That is a personal reflection on me.
The Chairman: Councillor Bridgland has asked a question, and that
question has not been answered.
Councillor Saunders said he claimed the Committee's indulgence. He had a
copy of that form before him, but it was the first time he had seen the
form. He thought if they would look at the minutes of the meeting there
was no question of any detailed statement as to what should be on the
form.
The Town Clerk said if he remembered rightly it was that the own Clerk
submitted draft conditions for the letting of the East Cliff Pavilion.
Councillor Saunders said he had no knowledge that it was part of the
duty of the Entertainments Manager to apply for a licence until his
attention was drawn to the fact by Mr. Roden.
Councillor Bridgland said Councillor Saunders was at the meetings, and
he had the opportunity to oppose it. Councillor Hughes had talked about
the young people, and if he went to the Leas Cliff Hall he would see the
young people there when it was nearly dark. Dancing went on when beer
was being drunk there, and that was the first time Councillor Hughes had
protested against it. He (the speaker) was strongly in favour of
transferring the licence, so that any man with his wife could go into
the Pavilion and have the refreshment they desired. They would be able
to have that, not in a four-ale bar, but in congenial surroundings. They
wanted to be consistent over that. People who were opposing that
transfer would go to a dinner and order their bottle of wine, therefore
showing they wished to say “I can have my bottle of wine, but you shall
not have your glass of beer”.
Councillor Gadd said when he saw the minutes of the Parks Committee on
that matter he rather automatically decided that he should turn the
proposal down. Within an hour he was in conversation with a very close
friend, and to his surprise he knew more about the matter than he. They
discussed it, and he told him in all probability he should support the
Parks Committee, but he was in a bit of doubt about it because he did
feel he might not be doing what was right. He thought about it
considerably afterwards, and he had to face up to the facts. That was
what they had to do that morning. After he had faced up to the facts he
came to the conclusion that given the opportunity he would have to
support the Catering Sub-Committee. He realised what had made him
unhappy about it. He had looked at the matter in this way. The question
of the sale of alcoholic liquors was not for their decision. That was
already decided by the powers who had it in their hands. The question of
granting the transfer was not before them that morning. The whole
question they had to decide was whether in view of the duty which they
undertook to perform when they became members of that Council was they
would without fear or favour consider all matters that came before them.
They had built a Pavilion and the cost of any loss would have to be met
from the General Rate fund. The sale of alcoholic liquors was only
required for refreshment purposes.. They had not to look upon that from
any biased point of view. Could they say they were dealing with all
sections of the community if they called upon a section to pay for the
cost or any possible loss when they denied a section of the refreshments
to which they were entitled? If they decided against making the
application, the effect of that was that they would say to a certain
section of the community that they were people who were dissolute and
not reliable – (Cries of “No”) – and not to be trusted to conduct
themselves as a citizen should do inside the law. (Hear, hear) He could
not get away from that fact. They had to deal impartially with all
classes. The question was whether there should be a licence in that
building or not was, he contended, a matter they had to leave to the
Licensing Justices. He knew what he had said might cost a friendship of
some years he valued very greatly, but as a representative of the public
he had to support the making of the application.
Councillor Johnson said he had come to the conclusion that the licence
was not necessary for the whole of the year. With their catering since
September they had lost £45. The licence was to cost another £100 a
year, and administration would cost them another £160. The licence might
be necessary for four or six months, but it was not necessary in the
winter months. He believed if they approached the golf players there
would be not more than 40 percent in favour of the licence. If the
residents in that neighbourhood were asked, two thirds would be against
that licence, and the other third would not care whether they had it or
not.
Councillor Kent said the Sub-Committee knew they were committed to buy
the licence. In view of that it was their bounden duty to make the best
use of it. It had been stated that morning that in all probability at
some time they would have to apply for a new licence for that building,
and that would be a very difficult thing to get. The Pavilion was a
general utility building to supply all kinds of refreshments. He
submitted intoxicating drinks in moderation was a reasonable kind of
refreshment. Much had been said about the abuse of licences. Licences
were not abused. Evidence from all over the country showed that the
percentage of drunkenness throughout the whole of the country was
brought down to the lowest possible degree. The reason for that was that
the licences were not abused. Probably 20 years ago he would have been
opposed to that licence, although he had been in the licensed trade for
a number of years. The cost of intoxicating liquor was one reason why it
was not abused. The other reason was that intoxicating liquor was of
very much reduced strength to what it was 20 years ago. Brewers today
were brewing light beers and very light beers (laughter) which were
reasonable and quite good refreshment. Education had certainly played a
wonderful part and the hours of opening had been reduced considerably.
Cinemas had also taken people away from the public houses. To say that
licences were abused was absolutely wrong. As Councillor Gadd had
already said, it was a direct insult to the community at large to say
they could not be trusted with a licence. They were not creating a new
licence, but they were taking away a licence in a redundant
neighbourhood and placing it where it would provide facilities for the
public. He was not going to say they were going to make a huge profit,
but it was really only for accommodation. No less than 150,000 games of
golf had been played up to last summer on East Cliff, and that was
evidence that a very large section of the public used that particular
part of the cliffs, and they were entitled to refreshments of that
description if they so desired it. The Pavilion was on a police beat,
and no extra cost would be entailed in policing it. There was no reason
why the Pavilion should not be properly controlled. It was understood
that they would have one nice bar and proper service in the main
building, the restaurant, so that it could be conducted on first class
lines. If the Council refused to make that application they were not
doing their duty to the community.
Alderman Stainer said it was only on Friday in the previous week, when
an application was made to the Magistrates for an occasional licence,
that he realised there was any suggestion on the part of anyone in the
Corporation that the Pavilion should become a licensed house. He was so
astonished when the Entertainments Manager appeared before the
Magistrates and asked for a licence that he went off to the Town Clerk
to enquire whether the Council had ever authorised the use of the East
Cliff Pavilion as a licensed house. In doing so the Corporation minutes
came into his hands, and he found what had been taking place in the
Parks Committee. He saw the Committee turned down the resolution passed
by the Sub-Committee. He was very sorry to find that in October last
that thing was authorised by the Corporation. He maintained that that
authority was obtained without the members of the Corporation realising
what was involved. He looked up the minutes, and on October 3rd he found
the only reference that was put before the Corporation was as follows:
“Conditions of letting. The Town Clerk submitted draft conditions of
letting of the East Cliff Pavilion. Resolved that the same be approved”.
He might be told there was his opportunity of finding out the
conditions, but he maintained it was done in such a quiet and
unobtrusive way that it got through the Corporation without the matter
being given due consideration. He deplored the action. The licence of
the Leas Cliff Hall was obtained in a similar manner. His opinion was
that it was better for everyone to abstain from taking any drink at all.
Other members did not agree with him. He was very sorry indeed to think
that that matter, all in the space of a week, had been brought to the
public; it had hardly yet got to the public. He thought if the Committee
was wise, it would not take the step of passing the resolution.
Councillor Pope said he was going to support the resolution because they
were going to transfer the licence to another place, where they were not
going to create drunkenness.
The Chairman said with regard to the restrictions on the Leas Cliff
Hall, he would like to say it was a full public hotel licence which
belonged to the Rose Hotel. The Corporation desired a stipulation put
upon that by the Magistrates. He did not suggest the two buildings were
not comparable.
Councillor Hart said a great many things had been said for and against
the resolution. A great many arguments had been used and facts given,
which were not true, against the trade in which he was engaged. Had the
Council considered the vested interests that were likely to come
forward? No-one had said anything about that. If a brewer's firm, as had
happened in a town in close proximity, liked they could get a full
licence in that neighbourhood by the removal of a full licence from an
obscure neighbourhood. They might say it could not happen on the East
Cliff. Well, there was nothing to prevent it. Licensing Justices
encouraged the improvement of premises. “I am only an off licence
holder”, he added, “but if you hear some of the remarks made to me when
people on East Cliff come in and ask for a drink, you would be
surprised. I will tell some of them if you like. (Cries of “Don't”) Well
they complain most bitterly.
The Town Clerk, asked for the resolution, said it was to the effect that
when the Packet Boat Inn had been purchased by the Corporation they
should take the necessary steps to apply to the Licensing Justices for
the transfer of the licence to the East Cliff Pavilion.
Councillor Saunders: A full public house licence?
Councillor Hart: Yes, unless you put some restrictions on it.
Alderman Hollands said he would suggest, and hoped, that there would be
a proviso preventing drink being served for consumption off the
premises.
The resolution was then put, and the voting was as follows: For, 17;
Against, 10.
The Chairman said the resolution was carried.
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Folkestone Herald 16 February 1935.
Annual Licensing Sessions.
Another year of sobriety was reported by the Chief Constable (Mr. A.S.
Beesley) to the Licensing Magistrates at the annual Licensing Sessions
for the Borough, which were held at the Town Hall on Wednesday. All the
licenses were renewed with the exception of that of the Mechanics’ Arms,
which was referred to the adjourned annual Sessions with a view to the
question of redundancy being considered. During the Sessions reference
was made to the four licensed houses in the Radnor Street area, a
statement being made by the Town Clerk.
The Magistrates were Mr. R.G. Wood, Mr. A.E. Pepper, Mr. J.H. Blarney,
Dr. W.W. Nuttall, Alderman T.S. Franks, Alderman Mrs. E. Gore, Mr. P.
Seager, Alderman W. Hollands and Alderman J.W. Stainer.
The Chief Constable presented his report (for details see Folkestone
Express).
The Town Clerk (Mr. C. F. Nicholson) was present and it was suggested he
should address the Magistrates. He said that he did not quite understand
what they wanted him to tell them.
The Clerk (Mr. C. Rootes): What is the position of the licensed houses
in the Radnor Street area?
The Town Clerk: You want me to explain what the effect of the
Corporation’s proposals in regard to the Radnor Street area will be?
The Clerk: These licences won’t be renewed, will they?
The Town Clerk: Certainly. The Corporation don’t own any of the licences
at the moment.
The Clerk: They may.
The Town Clerk: Only one. If the Bench want me to explain what the
position is likely to be I shall be pleased to do so.
The Chairman said they were asked to renew four licences in the area.
They had no official information as to what would happen to them. The
question arose whether they should be renewed that morning or put over
to the adjourned Sessions.
The Town Clerk pointed out that the owners of the houses were not
represented that morning. Was it proper for him to say anything about it
in their absence?
The Chairman: Why are you here?
The Town Clerk explained that he was asked to come.
The Clerk said he thought the Magistrates might like some information.
Dr. J.C. Carlile, who was present with other clergy and ministers, then
asked if an application was now being made for the renewal of these
licences in the Radnor Street area.
The Clerk (to the Town Clerk): Is there anything you have to mention
this morning why the licences should not be renewed in the ordinary way?
The Town Clerk said it would not affect what the Corporation were doing
in the Radnor Street area if the licences were renewed. He pointed out
that he was making no application to the Magistrates that morning. As
they were probably aware the Corporation had submitted to the Ministry
of Health a Compulsory Purchase Order for the acquisition of most of the
properties in the Radnor Street area. Included in the order were four
licensed houses, the Jubilee Inn, the Oddfellows’ Inn, the Ship Inn and
the Packet Boat Inn. When the Minister came to consider the order he
declined to allow the Corporation to purchase three of those houses, the
Jubilee, the Oddfellows’ and the Ship. They were struck out of the order
on the ground of the expense which would be involved if the Corporation
had to acquire them. The remaining house, the Packet Boat Inn, would be
acquired by the Corporation. It so happened that the position of the
Jubilee Inn and the Oddfellows’ Inn as they stood at the present time
interfered with the proposed lay-out of the new houses. On the
instructions of the Corporation he had entered into negotiations with
the owners of the houses concerned and two of them, namely the Jubilee
and the Oddfellows, had agreed, subject to the approval of the
Magistrates, to pull down and build new houses on alternative sites.
That would enable the Corporation’s lay-out scheme to be proceeded with,
but with regard to the other house, the Ship Inn, he had not yet
received the decision of the owners of that house as to whether they
were prepared to pull down and erect a new house on a new site. These
terms of the arrangements with the owners of the Jubilee and Oddfellows’
were subject to an application which would be made to the Magistrates in
due course. The owners of the houses were conveying to the Corporation
the sites of their existing houses in exchange for sites on which they
would build new houses. There was to be no cost to the Corporation other
than certain compensation to the tenant. In spite of the fact that the
houses were struck out of the order, the way in which the owners had met
the Corporation would enable the lay-out scheme to be proceeded with as
they desired.
The Chairman: That’s for two of the houses?
The Town Clerk replied that that was so. With regard to the Ship Inn, as
he had stated, he had not yet obtained the decision of the owners of the
house. If they decided to stay where they were, their house would not
interfere with the scheme so much as the other two had done. It would
mean that their house would abut in front of a line of cottages which
were going to be built there.
The Chairman: It won’t seriously interfere with you?
The Town Clerk: No, but it would be much better if they would. We cannot
insist on them doing so. The other owners have done all they can to meet
the wishes of the Corporation. Continuing, the Town Clerk said the
fourth house was the Packet Boat Inn which was to be acquired by the
Corporation.
Dr. Carlile: Is it?
The Clerk: Don’t interrupt, please.
Continuing, the Town Clerk said notice to treat had been served and a
claim had been sent in. That house was being acquired because the site
was definitely required in connection with the lay-out scheme, and the
Ministry had confirmed an order which included that house but excluded
the other three.
Mr. E.H. Philcox, a solicitor, then rose and asked permission to speak.
He stated that he represented a number of residents in the area: He
wanted to address the Bench on the question of the renewal of these
licences.
The Clerk said he could not see any locus standi.
Mr. Philcox said when the matter did come before them again in
connection with the removals of these houses he would be there to object
on behalf of a number of residents. It did seem to him, however, that it
would be more satisfactory if they only provisionally renewed those
licences that day. Amongst the points he would make would be one on the
grounds of redundancy.
Dr. Carlile said if the Magistrates were going to discuss this matter he
wished to point out that a considerable number of residents were
interested in these four houses and if there was any consideration of
the question of the renewal of these licences then they asked that their
views might be considered in reference to the question of redundancy. If
the Magistrates were going to refer them back no further word need be
said now on the subject.
The Chief Constable said he received the Magistrates’ instructions at
their preliminary meeting in regard to the question of redundancy. He
had found some considerable difficulty in deciding. It was an
established fact that there were not too many licences in the borough
for the summer trade, for all houses did extremely well during the
period, whether structurally adapted for the purpose or not. One found
that houses the least structurally fitted were doing a better trade.
They found more customers in these pokey houses. He supposed there was a
psychological reason for it. He had had a system since he had been there
of monthly visits and those visits gave him a line on what trade the
houses were doing. He had selected a number of houses and grouped them
into three groups.
The first group included the Mechanics Arms, the Honest Lawyer, and the
Harvey Hotel. He had taken comparative figures for the year and these
figures showed that the Honest Lawyer had an average of 19 customers on
every occasion they were visited; the Harvey Hotel 16, and the Mechanics
Arms six. They made a special series of visits between January 17th and
February 3rd and they found that the Mechanics Arms had an average of
five; the Harvey 10; and the Honest Lawyer 17. They would see from those
figures that the figures were pretty well the same for the whole year.
It would appear superficially that of these three the Mechanics Arms was
the one to go.
He had another group made. It consisted of the Harbour Hotel, the True
Briton, the London and Paris and the Princess Royal. The figures for the
year showed an average of 28.5 for the Harbour Hotel; 17.5 for the True
Briton; 46.5 for the London and Paris; and 7 for the Princess Royal. The
licensee of the Princess Royal had been there for 25 years and in spite
of the figure he had mentioned they seemed to be making a living somehow
or other.
The Chief Constable mentioned a third group which included the
Alexandra, the Royal George' the South Foreland, the Wonder, the
Pavilion Shades, the Chequers, the Wellington, the Royal Oak and the
Lifeboat. The two which were doing the least trade, judged by' his
figures, were the' Wonder with an average of 12 and the Lifeboat with an
average of 14. The others were not doing very much better. It. was
difficult to differentiate in that group. He was prepared to take
directions from the Magistrates, but he was not prepared to give any.
The Magistrates then retired.
The Chairman stated on their return that with reference to Dr. Carlile’s
question, the Bench had decided that later on he (the Chairman) should
renew all the licences with the exception of the Mechanics Arms, the
licence of which the Magistrates had decided not to renew that morning
but refer to the adjourned Sessions to have evidence of redundancy or
otherwise.
Dr. Carlile: That means ho objection can be taken here and now or at any
other place to the four licences involved in the Radnor Street scheme?
The Chairman: I think now is the time for you to raise any objection.
The Clerk pointed out that there would be applications for the removals
of these licences later on and then anyone could be heard.
The Chairman: That will be the better time, then.
Dr. Carlile said it put them at a very serious disadvantage because the
licences would be granted again and there would only be the question of
removal. It meant that when it came to the question of removal of the
licences, it would be the removal of a licence which was already in
being.
The Chairman: I am afraid that that is the position.
The Chairman then announced the renewal of all licences with the
exception of the Mechanics Arms, which he stated would be deferred until
the adjourned sessions.
Editorial.
Few questions of public policy in recent years have caused such keen
divergence of opinion amongst the whole of the townspeople as has the
proposal of the Folkestone Town Council to apply to the Licensing
Justices for the transfer of the licence of the Packet Boat Inn to the
East Cliff Pavilion. The Packet Boat Inn is within the Radnor Street
Clearance Area, and the Council will acquire the licence of this house.
The licence, of course, is a very valuable thing m these days, and the
Town Clerk quite rightly reported the fact that this licence would
eventually become the property of the Corporation.
The proposal to transfer the licence to the Cast Cliff Pavilion was
approved by 17 votes to 10 at a meeting of the General Purposes
Committee of the Town Council on Tuesday. Their opinion will certainly
not meet with the approval of a large number of ratepayers, but on the
other hand there are a considerable number of people living in the
vicinity of the East Cliff who regard the licence as a necessity,
particularly during the summer months. With the object of obtaining the
views of our readers upon the matter, there appears on page 20 of this
issue a form which readers are asked to fill up. The reply is asked to
two simple questions, as follows: "I am in favour of the Corporation
applying for the transfer of the licence”, and “I am not in favour of
the Corporation applying for the transfer of the licence”.
It is hoped that our readers will show their interest in this most
difficult problem by responding to our request for the forms to be
forwarded to us, at the latest, by February 27th. By this means we hope
to give the members of the Town Council, through our columns, some
indication of the weight of opinion for or against the proposal.
In view of this request to our readers, we do not propose to make any
further comment at present upon the proposed transfer of the licence. We
desire, if possible, that the opinions expressed by our readers shall be
unbiased, and we do not wish to be open to the charge that we have in
any way persuaded them in their decision. It should be borne in mind
that this matter not only affects the East Cliff, but it is a public
question in which the whole of the town is concerned, for the East Cliff
Pavilion does not belong only to the residents in that area. The
question of the transfer of the licence is a matter for the whole of the
town, since the Pavilion was built by money supplied by the whole of the
ratepayers, and it is they who, in the eventuality of a deficit
occurring upon the running of this Pavilion, will foot the bill. Once
again, therefore, we appeal most earnestly to our readers to take an
interest in this matter, and especially to fill in the form which
appears at the top left-hand comer of page 20. The form has been placed
in this position so that its removal from the paper will cause the least
inconvenience to our readers.
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Folkestone Express 23 February 1935.
Editorial.
The recommendation of the members of the Town Council to transfer the
licence of the Packet Boat Inn, which the Corporation has to purchase in
connection with the Radnor Street slum clearance scheme, to the East
Cliff Pavilion, has been a topic of much discussion during the past
week, and a good deal of resentment has been aroused against the action
of a contemporary in trying to get people to vote “Yea” or “Nay”
concerning the matter. In announcing their suggestion, our contemporary
stated last Saturday “We desire, if possible, that the opinions
expressed by our readers shall be unbiased, and we do not wish to be
open to the charge that we have in any way persuaded them as to their
decision”. Just see how our contemporary wishes that its readers shall
be unbiased. On February 9th, in writing on this matter, the leader was
headed “An Unnecessary Licence”. In the course of this, apparently the
same writer who wishes his readers shall be unbiased, wrote “We hope
that there will be a unanimous decision at this meeting of the General
Purposes Committee not to allow a licence at the East Cliff Pavilion.
The proposal, however, to transfer the licence to the East Cliff
Pavilion is, in our opinion, wholly unwarrantable. In our opinion it is
entirely unnecessary for a licence to be obtained for this building”. In
view of such statements, of which the majority of the members of the
General Purposes Committee took but little notice, can our contemporary
say that it has not endeavoured in any way to persuade people in making
a decision on the matter? It has already shown that it is biased on the
matter, and it is endeavouring to bolster up the opinions expressed in
its columns by a method of voting which could and will not, I venture to
suggest, have the slightest weight with those in authority, whether the
figures be in favour of the transfer or not. No fair indication could be
obtained of the people's opinions in such a manner. But there is a touch
of comedy in connection with this matter, for even with those who have
the controlling interests in our contemporary there seems to be a
diversity of opinion. A member of the firm, speaking at the annual
dinner of the Master Bakers' Association, in proposing the toast of the
Association in the absence of the Mayor, said “Deputising for the Mayor,
it is only proper that I should outline the policy I should adopt as
Mayor. It would include the purchase of the foreshore, licensed premises
on the East Leas”. There is, I think, no need to pursue the matter much
further, except to say that our contemporary opposed the building of the
East Cliff Pavilion as it now stands, and had the Council followed the
advice it offered when the scheme was first submitted to the Council,
the building which now adorns the East Leas would not have been erected.
The members of the Council paid but little regard to the criticisms of
our contemporary on that occasion. They had what our contemporary then
lacked, a true vision of what was needed on the East Cliff.
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Folkestone Herald 23 February 1935.
Editorial.
The small fry of the Folkestone Press are squealing their hardest and
loudest over the action of the “Folkestone Herald” in taking a vote of
its readers upon the question of the East Cliff Pavilion. The squeal,
alas, is but a dismal wail for, of course, the opinions of these smaller
fry are almost negligible. They could be completely ignored but for the
fact that they contain some foolish statements. It is said that there is
some resentment in the town because the “Folkestone Herald” is taking a
vote of its readers upon the question of the East Cliff Pavilion
licence. We have not met it, and we think it exists only in the
imaginations of those who themselves resent a little enterprise of which
they are not capable. The “Folkestone Herald” has every possible right
to take a vote from its readers if it desires to do so, and the response
which we have had to the request for opinions of our readers upon the
Corporation’s proposal to transfer the licence of the “Packet Boat” Inn
to the East Cliff Pavilion is sufficient indication to us that far from
there being any resentment, except perhaps on the part of the interested
parties, there is general approval of our action. Very rarely do we make
it a custom to refer to anything which these small fry of the local
Press see fit to state. We are far more concerned in making our own
business our own. We suggest that if some of those who spend their time
in endeavouring to criticise the “Folkestone Herald” gave more attention
to their own businesses, they would possibly be more successful than
they are at present. We do not regret for one moment any action we have
taken upon the question of the East Cliff Pavilion licence, and the last
thing we should dream of doing would oe to take more than passing notice
of some of the nonsense we have seen published this week. We stand
entirely by our action, and whatever may be the result of the vote we
have taken, will be made public property in a manner which we hope will
meet with the approval of the whole of the townspeople. Fortunately the
“Folkestone Herald” has more than 12,000 readers to which to appeal. We
venture to think that some of those who so freely criticise us would be
glad to be In a similar position. Maybe they lack that enterprise which
alone will bring a newspaper to the forefront in any town, and if their
opinions do not receive the seriousness or the consideration which they
may deem they merit, it is possibly due to the fact that they are over
anxious about other papers and not perhaps sufficiently anxious about
their own.
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Folkestone Express 2 March 1935.
Editorial.
Last week we referred to the proposal of the General Purposes Committee
of the Folkestone Town Council to apply for the licence associated with
the Packet Boat Inn, which the town has to purchase in connection with
the Radnor Street slum clearance scheme, to be transferred to the East
Cliff Pavilion. In doing so, we commented on the fact that our
contemporary was endeavouring to take a vote upon the subject in order
to bolster up its opposition, strongly expressed in its columns on
February 9th, a date previous to the meeting of the members of the
Council. Our contemporary stated “We hope that there will be a unanimous
decision not to allow a licence at the East Cliff Pavilion. The
proposal, however, to transfer the licence to the East Cliff Pavilion
is, in our opinion, wholly unwarrantable”. The members of the Council,
however, decided to proceed with the proposal, therefore they clearly
indicated that they did not have any regard of our contemporary's
opinion. Following our comments on Friday last week, our contemporary
devotes a leader to our attitude. This leader was headed “A Dismal
Wail”, and surely never did a heading more aptly describe what followed,
for it was the dismal wail of a writer who could not answer the plain
statement of fact contained in our note on the subject: In fact no
effort was made to deal with the subject, but it was a tirade against
the Express, and showed that we had, to use a vulgarism, completely
rattled our contemporary. There is a saying in certain legal quarters,
not those associated with the highest traditions of the Bar – that when
counsel knows he has a poor case and is losing, then his only hope is to
abuse and try to sling mud at his opponent. Our contemporary, by its
article, shows that it is well versed in such tactics. We are classed as
small fry and it was suggested that we had no right to express an
opinion on a subject, which is quite an important one in municipal
affairs. We do not want advice, nor do we seek it, from our
contemporary, but we would point out to it that it is asking even the
smallest ratepayer to vote, therefore it is hoping to get support for
its views from “small fry”. We do not doubt that they will even accept
votes from Boy Scouts and Girl Guides if they wish to record them, but
the voting will not have the slightest effect, we are sure, on the
members of the Council. Our contemporary tries to make a point that our
opinions do not receive consideration. We can quote many instances of
where the opinions of our contemporary were disregarded by those in
authority, as was the case when the matter of the licence came before
the members of the Council. Two might be mentioned. Our contemporary
opposed the building of the Leas Cliff Hall, and also the building of
the present East Cliff Pavilion. The Express advocated both buildings
being erected. These two halls are now amongst the chief amenities of
Folkestone. Our contemporary described us as small fry, so we might well
suppose that it considers itself “the big fish”, and, in that event,
it's last week's leader should have been headed “A Dismal Whale”.
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Folkestone Herald 2 March 1935.
Editorial.
The result of the ballot made by the “Folkestone Herald” on the proposal
of the Corporation to transfer the licence of the Packet Boat Inn, in
the Radnor Street area, to the East Cliff Pavilion, shows a majority of
48 against the Corporation’s proposed application. A total of 408 papers
were sent in, of which four were disqualified.
The voting was: For: 226 votes. Against: 178 votes.
The response to the invitation to vote would suggest that the majority
of the townspeople have little interest in the matter, but the reason
for the small poll can probably be attributed to large numbers of
ratepayers not taking the trouble to cast a vote one way or the other.
Amongst the “Noes” there were three papers from Hythe, whilst Cheriton
sent in 10 and Sandgate three. Four clergymen were amongst the
opponents. An analysis of the papers of those against the proposal shows
that at least 75 per cent were from parts of the town other than the
East and Harbour Wards. On the other hand quite a good number of those
in favour of a licence reside in the East Cliff district. One of the
papers received in favour of the licence came from a seaman serving on a
British battleship at Malta. Four papers were sent in signed but without
the cross and they were disqualified.
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Folkestone Express 9 March 1935.
Editorial.
The Folkestone Town Council on Wednesday confirmed the decision of the
General Purposes Committee to make application to the Licensing Justices
for the transfer of the licence of the Packet Boat Inn, when it is taken
over by the Corporation. Not only was the majority obtained in Committee
maintained, but it was more decisive than on the previous occasion. In
the discussion on the matter it was made quite clear by those in support
of the application for the transfer that it was not intended the
Pavilion should have what is generally known as a public house licence.
A member of the deputation of the clergy in his speech referred to cafes
on the Continent, and it on that principle that the Committee entrusted
with the East Cliff Pavilion should consider the matter. No-one in
Folkestone wants to turn the Pavilion into a public house, and there
would be considerable opposition to that being done, and the Committee
should be as strong as anyone on that point. There is very little doubt
that they will ask for restrictions to be imposed, and the Folkestone
Corporation should be able to show that they can manage licensed
premises equally as well as other Corporations who have similar places
under their charge.
Council Meeting.
On Wednesday the Folkestone Town Council confirmed the resolution passed
by the General Purposes Committee two weeks ago that they should make
application that the licence of the Packet Boat Inn, which they have to
purchase in connection with the Radnor Street slum clearance scheme,
should be transferred to the East Cliff Pavilion, by a great majority
than in the Committee, 22 members voting for it, against 11.
A deputation of clergy and ministers placed their views before the
Council, the Rev. Canon Hyla Holden, the Rev. J.A. Middleton, and the
Rev. C.H. Scott being the speakers.
Councillor Saunders asked for permission to introduce the deputation and
to present a memorial in connection with the matter.
Alderman Gurr moved, and Councillor Bridgland seconded, that such
permission should be granted, and the resolution was carried
unanimously.
Councillor Saunders, in introducing the deputation, read the memorial
which they had come to support, and which was as follows:- “Memorial
presented to the Town Council of Folkestone by representatives of the
Christian Churches in Folkestone with reference to the proposal to
transfer the licence of the Packet Boat Inn to the East Cliff Pavilion.
1: The deputation, which the Council are asked to receive represents
practically the whole of the Christian Churches in Folkestone. We
respectfully urge you, before you come to any final decision, to bear in
mind that the question of a licence for the East Cliff Pavilion has not
been submitted to the ratepayers, and the Council has no authority from
the ratepayers to apply for the transfer of a licence for the East Cliff
Pavilion. 2: The Corporation golf course, tea house, etc., is a distinct
attraction to the neighbourhood. We are convinced, however, that the
sale of liquors is not likely to be a desirable attraction. 3: We are
convinced that the business of a licensed victualler is one that the
Corporation, with all its many activities, can well leave to the
responsibility of the individual. 4: We suggest that the Corporation
should surrender the licence on the ground of redundancy in the Radnor
Street area – as in the rebuilt area the resident population will have
seriously decreased through curtailment of housing accommodation. In the
area there are still three public houses, so it cannot be argued that
this one is necessary”.
The Rev. Canon Hyla Holden said he first wished to express his thanks to
the Mayor and the members of the Council for their willingness to
receive that deputation. They were all pleased to see the Mayor in the
chair and glad to know he was restored to health and fully recovered
from his illness. The deputation represented a large section of the
community of Folkestone. They did not consider themselves as being the
only religious denominations, but they represented many denominations –
he thought all the denominations, he hoped. First of all, he wished to
say they objected to the transference of a licence to a place where it
was not really required or desired by the neighbourhood. He had some
justification for saying that. He knew there had been a canvass, as far
as he could gather, of the immediate neighbourhood of the Pavilion, but
he thought that the people would not be in favour of having a licensed
house there as they would consider it somewhat detrimental to the
neighbourhood. Secondly, there weighed with them that it was proposed to
transfer a licence to a place which might lose very much of its
attractiveness if it was done. The Pavilion was an extraordinary place.
He was speaking of his own personal delight. They could go up to the
headland there and have before them the sea, the sky, and that grand
headland. It would be a thousand pities if anything were done to detract
from that glorious spot. He thought if he were to take a visitor to any
part of Folkestone where they would have an appreciation of what
Folkestone stood for, and for seeing something they could enjoy, he
would as soon take him to that place as any. Might he say one word of
compliment to those who had designed that most attractive building which
had been placed there. It seemed to him it was just the kind of building
to attract everyone there and enhance its amenities. In a growing
residential district, they knew how extraordinarily fast building had
been going on there, and it was essential that they should not have any
influence that might become detrimental to its character, or in any sort
of a way might prove an annoyance such, as he might say, a fully
licensed house might become. Having said that, might he go a step
further and say it seemed to them no sufficient reason had yet been
given to the public to justify the transference of the licence. So they
would ask the Council to consider that matter seriously. They knew the
Council had a licence on its hands. That was no ground for the
transference of that licence to an unsuitable site. They did ask the
Council to allow that to weight with them and that they should lose
whatever it might be if it might be detrimental to Folkestone. He would
go a point further. Supposing they said they had decided on that matter
having thought it well over, he would ask them to say that what they
stated would have some weight with them. If the Council felt that that
licensed house was really needed they should see that the management
would be under other management than that of the Corporation itself, and
then they would have some guarantee that the public authority was on the
side of the public, and the public would have a guarantee that whoever
was the licensee would have an inspector or an authority over them that
would ensure right and sound management of the licensed house. His
brethren might not agree with what he was now going to say. He had lived
a good deal abroad – in Italy, Germany, and France – and it had always
seemed to him one of the great attractions was the fact that they had
ordinary cafes. They might say their climate was against such cafes, but
what had struck him most about them was that people could go to those
places, and inside or outside have their lager beer or whatever it was.
Supposing the Council were determined in proceeding, he would ask that
it would be a beer licence for that place. That was his own opinion and
not an outside opinion. He trusted they would allow those circumstances
he had mentioned to weigh with them before a final decision was reached.
The Rev. J.A. Middleton said he would like to associate himself with the
remarks made by the Rev. Canon Hyla Holden, and to apologise, in
particular, for the absence of Dr. Carlile, who would have been there
but for an engagement in town. He had been asked to speak on behalf of
the Free Churches in particular, and to say that they agreed almost
entirely with the remarks made by Canon Holden. There were just one or
two pints he would like to stress. The occasion for seeking a licence
for the East Cliff Pavilion seemed to have arisen from that licence in
the Radnor Street area being surrendered or being bought. He supposed
they would not have considered a new licence for the East Cliff
Pavilion. It seemed as though the fact that they had had to buy that
licence had led them to ask that it should be transferred to the East
Cliff Pavilion, and the hope at the back of it was that they should gain
revenue. It seemed to him a rather poor motive for urging that that
licence was required. The other point he would stress was that it was an
unfortunate thing in his judgement, and also in that of his friends,
that a licence should be in the name of the Corporation, because there
could not be just the same oversight as there would be in the case of a
private licensee, because their officials were somewhat hampered in
giving that attention and perhaps in making complaints in a way that
they would not obtain if the licence was in private hands. The other
point he would urge was that they were representing a large body of
churchgoing people in Folkestone who participated unwillingly in the
management of licensed premises and very strongly did they object to a
licence being taken out by that Corporation.
The Rev. C.H. Scott said he was not in any way opposing the legitimate
drinking facilities to any class of the community. Not only representing
the people as he did, but as a resident in the East Ward, he protested
against the transfer of the licence to the Pavilion. They did not want
an ordinary public house at that spot. He asked the Council to consider
their neighbours and to ask themselves conscientiously, if they lived up
there, would they welcome that licence?
Councillor Pope said reference had been made to having a licensed house
there. He would like to know if the deputation thought it would be an
advantage to have a public house up there if they did not have that
licence transferred.
The Rev. Canon Hyla Holden: Personally I should prefer that.
Councillor Bridgland said he would like to know if the deputation had
heard or seen anything recently at the Leas Cliff Hall to which they
could object.
The Vicar: I cannot answer that. It is the general security to which we
refer. The public would be more satisfied if the licence holder were
under the observation and the care and control of the Council rather
than the Council taking the licence.
Alderman King-Turner was proceeding to speak when members interrupted.
The Mayor suggested to him that it was not the time to voice his views;
he should only ask questions.
Councillor Mackie asked whether the clergymen present were expressing
their own views or had they taken any vote in their congregations on the
matter at all?
The Vicar said he had taken a considerable measure of views in the
Parish Church, and he found a large number were opposed to that
particular transfer. He could only speak for them.
Councillor Kent: Are the people residents of the East Cliff or other
parts of the town?
The Vicar: Some are residents of the district. One was a newcomer and he
said he did not know that he should have come had he known there was to
be a licence there.
Alderman Franks said there was one point which should be made perfectly
clear to the deputation. It arose from the remarks of one speaker. It
should be made clear once and for all the Folkestone Town Council was
not the Police Authority. The Watch Committee were the statutory
authority. The other point was that they were not transferring a licence
that morning. They made the application, if the Council so decided, to
the proper statutory independent authority, quite independent of
Folkestone. An outside Bench will have to consider it.
Alderman Hollands: I should like to ask whether he would not think it
would be a better place to have a nice glass of beer in the Pavilion
than in the old Packet Boat? Surely it would not be better in the Packet
Boat?
The Vicar: I say so.
The Mayor said he wished to thank the deputation for the very moderate
and reasoned way they had stated their case. They might rely on the
Council that what they had said would receive the utmost consideration
from the members.
The Town Clerk said there were four communications. One was from the
Harbour Lawn Tennis Club, and was as follows:- “Dear Sirs, At the annual
general meeting of the Harbour Lawn Tennis Club held on the 21st
February, I was instructed to convey to your Council this expression of
our members' appreciation of the facilities afforded us by the East
Cliff Pavilion. At our last home match of 1934 we availed ourselves of
the first possible opportunity of using the Pavilion and were completely
satisfied by the quality of the refreshments and by the courtesy and
excellent service given to us. I have also to express our gratification
that the General Purposes Committee have recommended by 17 votes to ten
the granting of a licence to the Pavilion. If this recommendation is
approved we shall be eager to avail ourselves of the opportunity or
returning to our visiting clubs in an establishment under the control of
the Council the hospitality shown to us when we are “away”. Yours
faithfully, V.W. Hillier, Hon. Secretary”.
The next communication was from Mr. R.G. Hook, of East Lea, Wear Bay
Crescent. It was as follows:- “Dear Sir, As a resident and owner of
property on the East Cliff, I strongly object to the proposed transfer
of a licence to sell intoxicating liquor at the East Cliff Pavilion. I
consider the facilities for drinking are quite sufficient in Folkestone
generally and it would be wise to leave this part free to those who can
appreciate beauty without needing stimulants”.
The next letter was from Mr. Hugh H. Chapman, who wrote from Croydon:
“51, Windmill Road, W. Croydon, Surrey. Dear Sir, As a great lover of
Folkestone, and a regular holiday-keeper in your neighbourhood, I have
been following with great interest the report in the local press of the
discussions over the licensing of the East Cliff Pavilion. I cannot
understand anyone opposing this suggestion who looks squarely at the
position. Most of the summer holidaymakers use the sands beyond the
Fishmarket, and are at once isolated from the amenities which should be
theirs. There is absolutely nowhere where one can take a lady for
alcoholic refreshment without going back into the town. To close one of
those horrible little beer houses should be in itself an asset and to
open a modern refreshment bar should prove a great step forward and a
definite boon to users of the East Cliff. Surely it is not a retrograde
step to follow the present enlightened national movement to brighten
public houses. The fact that the licence would be controlled by the
Council should be an added safeguard against any possible abuse of
alcohol. Personally I do not think we have any need to worry about our
young folks as they are perfectly capable of looking after themselves. I
certainly hope that Folkestone will allow this wonderful opportunity to
add to the amenities of what is, in my opinion, the finest South Coast
resort. I am, faithfully yours, Hugh S. Chapman”.
Then there was the following petition: “We, the undersigned ratepayers
and owners of property in the immediate vicinity of the East Cliff
Pavilion, cordially support the action of the majority of the members of
the Council at their General Purposes Committee meeting, in recommending
the transfer of the licence of the Packet Boat Inn, Radnor Street, to
the above Pavilion. A considerable number of your petitioners cater for
visitors, and we know from their remarks how desirable they think it is
that some arrangement should be made for the sale of intoxicating drink
there, seeing that the nearest public house is practically half a mile
away. Under all the circumstances we wish the proposal every success”.
The Town Clerk said the petition was signed by 127 tenants and 88 owners
of property in the vicinity of the new Pavilion. A large number came
from East Cliff, Dudley Road, Wear Bay Road, Wear Bay Crescent, Stanley
Road, and Segrave Road.
Alderman Hollands: All immediately adjacent.
The Mayor said he recognised the signatures of well-known people on East
Cliff on the petition.
Councillor Kent: two signatures have not been taken from one house.
Councillor Saunders moved as an amendment “That paragraph 21 in the
minutes be not approved, and upon the acquisition of the Packet Boat Inn
the licence in respect thereof be dealt with in accordance with Section
14 (2) of the Housing Act, 1930”. He said that meant, in plain language,
that they should make an application to the Compensation Authority to
assess the compensation value, if any, of that licence. It seemed to him
that that was not a question so much as whether people in Warren Road,
Thanet Gardens, or Hasborough Road – (Councillor Hart: Or Sandgate Road)
– are in favour of a licence, but it was a question of whether they, as
a public body, were engaging in an undertaking of such a nature was of
public benefit. Councillor Bridgland put a question to the deputation
when it was in the Council Chamber a few minutes ago. He (Councillor
Saunders) was going to say quite unhesitatingly and with the knowledge
and responsibility that in his opinion the licence was a matter that was
best left to the control of the individual owner. (Cries of “Hear,
hear”) He said that because he had had something to do with trying to
direct the control. (Alderman Hollands: You made a mess of it)
Councillor Saunders: If Alderman Hollands had taken as much interest in
the Leas Cliff Hall as he has done in this matter, and if we had had the
benefit of his knowledge and the wisdom he had imbibed in licensed
premises, he would have added to our wisdom in the Leas Cliff Hall.
Because of that lack of service to the community, some of us have been
left to do what we thought best for the town. Proceeding, he said he was
convinced they were putting something forward that could be best left
alone, which would give the opportunity to the young people, and he
spoke with some knowledge of young people, having been the happy father
of six, that they could best leave alone and best keep out of their way
the consumption of alcoholic beverages. He was not a teetotaller, but he
did hold that opinion very strongly because of what he saw and what he
knew, if they, as a local authority, should do something of which in
after years they would not be very proud. He suggested if that licence
was to be there and was a huge success financially it would be something
they would not be proud of because it would lead to a good deal of
drinking and conduct which they would not be proud of as a local
authority. If it was not a financial success and became something of
which they would not be proud, it was going to be a considerable
financial loss to the Corporation. He suggested they should weigh the
matter up very carefully and each of them give a vote as their
conscience guided them, not as they may have certain friends expecting
them to vote, but in the real and best interests of the borough.
Alderman Stainer seconded the resolution.
Alderman Gurr asked what was the proposal made under the Housing Act for
surrendering the licence and what they got for it.
Councillor Saunders said the Town Clerk, at the meeting of the General
Purposes Committee, said they had the option of offering that licence
for a valuation. When they referred it to the Compensation Authority
they might put a value on it and they might not. It would mean another
thousand or two to the Radnor Street scheme. A thousand or two on the
Radnor Street scheme in comparison with the harm they were going to do
on the East Cliff did not matter.
Alderman Gurr wanted to know what it meant.
The Mayor: It means referring it to the Compensation Authority for
compensation.
Alderman Stainer said he would like the Corporation to look at that
question not from the point of view of finance only. They must take a
more grave line than that of possible return on their money. The Council
were the custodians of the good government of the borough in which they
lived. The way they treated the public, the facilities they gave them
for good life or otherwise, were the governing factors that ought to
influence them in what they did. It was quite a secondary matter whather
they got any return for their money or not, but it was much more
important to him that the borough authority should be engaged in the
liquor trade. He was sure the views of the deputation, as put forward by
Mr. Middleton, were quite in keeping with the sentiments of a vast
number of people in the borough that they did not wish to be associated
with the sale of intoxicating drink. The question of the loss on the
licence had been discussed, but the value of the conduct of the public
was vastly more important than the value of the licence. He would be
quite willing for the value of that public house to be reckoned in the
cost of the clearance of Radnor Street rather than it be transferred to
any other part of the borough. Some people said that the enjoyment of
the East Cliff and the enjoyment of sports up there would be enhanced by
the sale of intoxicating liquor to the people who went up there. His
life was beginning to be a long one, and he would like to say
emphatically that his experience was that the enjoyments of life were
enhanced more by restraint and complete abstinence from intoxicating
drink. He thought they could not give better pleasure to the public by
being retailers of intoxicating liquor, which, in his opinion, and that
of many other people, curtailed the enjoyment of life rather than
enhanced it. He was sure the Corporation would do well if they looked at
that thing from an idealistic point of view rather than a point of view
of finance. He had great pleasure in seconding the amendment, not from
the point of view whether they were going to lose any money, but for the
good of the public. He had been Chairman of the After-School Welfare,
and it would be a lamentable thing if he was the first one to introduce
to the young life of the borough the habit of taking intoxicating drink.
If the Corporation undertook that, the Corporation could not have clean
hands in the matter of such an important thing as the lives of the young
people.
Councillor Chittenden said he should like to support Councillor
Saunders. He was in much the same position as he was, and had six
children of his own, and he should have more confidence in them if there
was not a licence than if there was a licence. He was there to represent
his opinion and his conviction of what was best for the young people of
Folkestone and the coming generation of Folkestone. He also thought he
would not be doing his duty if he did not vote against those
arrangements for the transfer of the licence to the East Cliff Pavilion.
It differed from the Leas Cliff Hall in that they did not have control
of the licence up there as they did at the Leas Cliff Hall. Councillor
Saunders said it was not to the advantage of the young people up there
that they should have that licence. The licence at the East Cliff was
going to be exactly like an ordinary public house, and the facilities
for drinking would be greater. If anyone asked to put up an ordinary
public house on the East Cliff it would not be granted, and it was only
now the Corporation had thought anything about it.
Councillor Lillie said it was imperative he should say something from
the point of view of the Health Committee. It was their money, and he
was rather against the point of view that he had heard, and was rather
aghast at some of the expressions to which he had listened. The money to
which he referred was that which they would have to pay for the purchase
of the licence. Canon Hyla Holden said they should let that go.
Councillor Saunders said he would sooner see another £2,000 put on the
Radnor Street clearance scheme. The re-housing scheme was a
philanthropic movement and as worthy a one as the fight against
intemperance. He thought that they were being pushed out in the cold and
forgotten in that matter. If they increased the cost of the Radnor
Street clearance scheme it was obvious that housing scheme would be
curtailed. They disliked very much to see the cost of the clearance
scheme being increased in that way. The re-housing was a necessary
thing, and it was as essential from the moral, health, and spiritual
point of view as was temperance. The Council was in danger of losing its
balance and its perspective. It was unfortunate that two philanthropic
movements like that should be in competition with each other, but he was
sure he must say those temperance people, however reasonably temperate
they might be in their actions, were quite definitely stepping over the
mark. They were getting up a petition trying to get people to sign a
paper and authorising a London solicitor to appear on their behalf
before the Justices of the Peace when they were considering the removals
of the Jubilee Inn, Oddfellows Arms, and Ship Inn. What had that to do
with that question? If they succeeded in that it would simply wreck the
Radnor Street scheme. It was a wrecking movement. Why should they do
that sort of thing? There was not the slightest chance of them
succeeding. They were hostile to the Committee and they were
unreasonable people. As long as they worked for the suppression of
drunkenness he took his hat off to them, but they seemed to be unable to
keep within the lines. They were becoming prohibitionists and it was
filling him with horror. There were many licensed victuallers who were
doing a great deal more to prevent drunkenness than many people in the
temperance movement. They had seen some of the greatest disasters in the
history of the world due to those meritorious virtue movements running
to extremes. They would not get within the lines.
Alderman King-Turner said he hoped the Council would give a good
majority on favour of the licence. He had lived in that neighbourhood
for many years and it seemed to him that anything for the East Ward
always seemed to have such a hard struggle to get through. The boarding
and lodging house people were having a very hard time and why should not
they have the same facilities there as they had in the west end? They
were entitled to them. He wanted everyone to be open and broadminded. In
those days they had got to be. A good many statements which he had in
his pocket had been sent to him in letters, that he had been sanctioning
couples sitting out there on the East Cliff. They would not be allowed
to drink out there. They had thousands of visitors up there, and the cry
was “We wish we had a place for a quiet drink”. They were entitled to
some of the privileges they had in the west end.
Th Mayor said the matter would come before the Licensing Justices, who
would place restrictions on the licence.
Councillor Saunders: You have to ask for restrictions.
Councillor Barfoot: Is this a full public house licence with facilities
both inside and outside the building?
The Town Clerk: I have not seen the licence, but I understand it is a
full licence, on and off.
Councillor Fletcher: They could go there and take drink away?
Councillor Kent: It is for us to decide whether it should be an off
licence.
Councillor Barfoot: If this licence is granted you will, when applying,
as for restrictions? That is my point.
Councillor Hart: Yes.
Councillor Barfoot said: “I have read the newspaper reports of the
proceedings of the Council when I was absent, and when I saw the names
of those who voted for Alderman Hollands' resolution I was amazed. For
many years it has been one of the principles of the Socialist Party to
municipalise public houses. It is surprising to see other members of the
Council dancing to the tune of the Socialists and voting for extending
municipal trading in drink. Reading the speeches of our Socialist
colleagues, it is seen that they are not very consistent. My friend, Mr.
Gadd, for apart from his politics I esteem him highly, is anxious to put
the onus of transferring the licence on the Magistrates. He must know he
cannot shirk his responsibility in this way. He, like the rest of the
Council, is responsible for the effect of his vote today. Alderman
Hollands is even more inconsistent. In his speech he stressed the point
that the people should be trusted not to abuse the facilities for
drinking. At the end of the proceedings he pointed out that there is a
safeguard, as the licence is not an off licence, and he said “People
would not be able to go to the Pavilion, buy a bottle of beer, and then
take it out with them on to the cliff. He would strongly oppose anything
of that sort”. How can he reconcile this with his previous plea that you
can trust the people, none but himself knows. According to the worthy
Alderman, people can be trusted to drink a bottle of beer inside a
building, but they cannot be trusted to drink a bottle of beer under the
vault of Heaven. The late Councillor Dallas Brett and I opposed the
erection of the Pavilion because in our opinion it was too large and too
expensive. It was never mentioned in the minutes of the Parks Committee
or in the debates in the Council that the building was intended for the
sale of intoxicating drinks. Alderman Franks told the Council the other
day that it was always intended to sell intoxicating drinks in the
Pavilion. The present and past Chairmen of the Parks Committee may think
they were justified in not mentioning this interesting fact at the time,
but it was not fair to the members of the Council. I remember distinctly
the present Chairman of the Parks Committee telling the Council that the
erection of a Pavilion was a business proposition, as it would pay.
Evidently municipal finance is not one of his strong points, as last
year the loss was £958; and with a drink licence this year the estimated
loss is over £1,600. Have the supporters of this proposal have any idea
what the licence will cost the Corporation? I think not. The Town Clerk
told the Council that it was a full public house licence and the price
asked for the building and the licence was £4,693. The licence is
therefore worth £4,000. It would be better for the Council to surrender
the licence and get the compensation money than to transfer it to the
Pavilion, for the following reasons:- Alderman Hollands said he was
opposed to drink being consumed off the premises. If this is the
half-hearted way you are going to transact municipal trading in drink it
can never pay. Last year, Johniie Walker gave an exhibition of the Test
matches. Thousands of people went to that show, but according to
Alderman Hollands you could not supply these people with drinks while
they were watching the play. Do the municipal traders intend to abstain
from doing a large trade of that sort in the future? Without you intend
to do all the business that comes in your way during the summer, the
Pavilion can never pay its way. Thousands of people come by motor buses
during the summer. A large proportion go for a drink directly they
arrive. Are you going to attract these customers? If you do attract
them, respectable middle-class people will not use the Pavilion, or want
to live in the neighbourhood. I am opposed to municipal trading, but
specially municipal trading in drink. I am not a teetotaller, and I
think it would be a mistake if people thought that this proposal was
only opposed by teetotallers. One of my objections to the transfer of
this licence is that it will depreciate the value of property in the
neighbourhood. I believe I am the only member of the Council who has
served on a local authority in another part of England, and also I am
the only member of the Council who has seen, from close quarters, the
growth of a town of 75,000 inhabitants into a great city containing a
quarter of a million people. I know that no local authority, no
syndicate, or private person, who were developing a residential district
for the middle classes would allow a public house to be built. It is
axiomatical that a licensed house in a middle class district depreciates
the value of property. I oppose the resolution also because in the long
run it will adversely affect the rateable value of property in the
vicinity of the Pavilion. At the present time houses are being built and
in a short time the revenue in the form of rates will be considerable.
Why retard this increase in revenue or stop it altogether? Even if you
make money out of the sale of drink you will lose ten times as much in
the loss of rateable value in that district”.
Alderman Hollands described an interview he had had with a lady who
called upon him asking him to sign a petition against the licence and
who made allegations concerning the Leas Cliff Hall. Proceeding, he said
he believed Councillor Saunders was speaking his own mind that morning.
Councillor Saunders: Are you making insinuations against me?
Alderman Hollands: My insinuations are as correct as yours.
Councillor Saunders: Mine were based on facts.
Alderman Hollands: It is my opinion you are not a free man this morning.
When I go away I cannot afford to pay for a big lunch. If I drop into a
place for a lunch I have a bit of bread and cheese, a pennyworth of
pickles on a plate, and a pint of beer. That is a beautiful lunch.
(Laughter) Alderman Stainer has spoken about intoxicating drink
affecting the enjoyment, but as he says he has not tasted it how can he
speak about it?
Councillor Kent said he had listened very carefully to everything that
had been said that morning, but there had been nothing to cause him to
alter his opinion. He welcomed the deputation because he thought they
were entitled to express their views on behalf of the people they
represented. He wanted to answer one or two points raised by the
deputation and other speakers. One was that the question of the transfer
had not been submitted to the ratepayers. Was the licence of the Leas
Cliff Hall submitted to the ratepayers? It was dealt with by the Council
in the same way. One point he took exception to, and that was that they
were practically told that the Corporation could not be trusted with a
licence, and that they were not in a position to control a licence. That
was entirely wrong. It was a direct insult to the Council to say that
they could not be trusted to control a licence. There were members who
had been interested in licences for quite a number of years, and there
was not one black spot against the conduct of those licences. It was
said it would be far better in the hands of the Corporation. It was
further stated that it would be an ordinary public house, but that was
entirely in the hands of the Corporation to say, and also to say how
they should conduct their business. A private individual was in a
licensed house to get his living out of it, but they, as a Corporation,
should not endeavour to transfer that licence for the purpose of making
huge profits, but it should be purely a matter of providing facilities
for both residents and visitors who used the Pavilion. The nearest
licensed house was half a mile away. Then there was the question of
vested interests to consider. It was possible, and highly probable, that
something else would be done on East Cliff. There were certainly people
who were waiting their opportunity, and their intention would be to
build a large residential club, and it would be one of the best pubs in
the district. If the Corporation had that licence up there they would
probably prevent anything like that happening. They would agree that it
would be far more dangerous than having a licence like that in the hands
of the Corporation. He suggested that if they made the application for
the transfer they could ask for one condition, and that was that it
should be a licence to serve liquor to be consumed on the premises only,
so that would prevent any danger of liquor being taken out. With regard
to the petition in favour of the application being made, he could say it
was really bona fide and one of the strongest that had ever been
presented there. Every signature on it could be verified. He hoped the
members would again vote for making the application.
The Mayor said there was not the slightest reason why the Council should
not conduct equally as well as any individual a fully licensed house.
They were looked upon as model employers, so surely they could see
nothing should occur if the Licensing Magistrates granted a licence that
could in the slightest degree be detrimental to the very best interests
of the town. They were all concerned in the welfare of the town and he
yielded to no-one with regard to the safeguards for young people. To
suggest that such a licence was going to be the means of causing
intemperance was a most intemperate statement to make. He had not the
slightest doubt that if the application was made the Committee would ask
for safeguards to be imposed.
The voting on the amendment resulted as follows: For, 11; Against, 22.
The recommendation of the General Purposes Committee was then approved.
Alderman Stainer said in the event of the Packet Boat licence being
transferred to the East Cliff Pavilion he would like to know whether the
Committee would take the necessary steps to curtail the licence to a
degree that it should not be exercised as a full public house.
The Mayor: That is a matter for the Parks Committee to consider.
Councillor Kent: On behalf of the Committee, I can promise it will be
taken into consideration.
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Folkestone Herald 9 March 1935.
Editorial.
The Folkestone Town Council, by a majority of 11, has decided to seek
the transfer of the licence of the Packet Boat Inn, Radnor Street, to
the East Cliff Pavilion, thereby taking an advantage of the slum
clearance scheme which surely its originators had never intended. As we
have said before, the mere accident of this clearance scheme, by which a
licence has become available to the Corporation, has been used for the
purpose of obtaining authority to seek the transfer of an intoxicating
liquor licence to the East Cliff Pavilion.
We maintain as definitely as we have held hitherto, and nothing we have
heard or read in the past few weeks has altered our opinion, that a
drink licence is wholly contrary to the very character of this building.
It is turning a very beautiful pavilion into nothing more nor less than
a public house, for whatever may be done in regard to restrictions,
which the supporters of the licence seem uncommonly anxious to have
imposed, this licence is simply an ordinary public house licence.
The beer which will be sold in this pavilion will be similar to that
obtained in any public house. The conditions will be the same and no
doubt the prices will also be the same. It is in fact nothing more nor
less, as we have said, than turning a very beautiful pavilion into a
public house, and we are absolutely convinced that there will be a great
number of people who for the very reason that drink is being sold on
these premises, will be very careful to keep away from them.
The obscurity of some of the arguments advanced for this licence is
surely sufficient condemnation of it. If an ordinary public house
licence is not sought for this pavilion, what is the use of it during
the winter months? Residents can go to any public house and obtain drink
as they will be able to do at the East Cliff Pavilion if the licence is
transferred, even if restrictions are made which prevent the sale of
liquor for consumption off the premises. We maintain that the
Corporation has done a definite disservice to the community by seeking
to make available in a building of very beautiful design and attractive
appearance intoxicating liquor for those who normally would not require
it. The East Cliff is used very largely by young people, and they do not
normally require intoxicating liquor.
The Corporation is placing facilities into the hands of those young
people to obtain drink, and we have little doubt that, certainly in the
summer months, liquor will be supplied to many people because it is made
available at the East Cliff Pavilion, and not because they necessarily
require it. Those 22 members who have voted for this licence for the
East Cliff Pavilion may take satisfaction to themselves that they will,
in our opinion, spoil a building worthy of the town, and one which the
“Folkestone Herald” strongly supported when the project for the
erection, of the building was first mooted. As our readers know, we are
not supporters of the teetotal element. We believe that a man who wants
a glass of beer should have it - if he can afford to pay for it. We do
not believe it is the duty of the Corporation to provide drinking
facilities in a summer pavilion of this type, neither is it within their
province to compete with the legitimate licensed victualler whose
livelihood in the winter as well as the summer months depends upon the
custom of residents.
|
Folkestone Express 29 June 1935.
Tuesday, June 25th: Before Alderman R.G. Wood, Dr. W.W. Nuttall, and Mr.
F. Seager.
Mr. G.E. Roden, the Parks Superintendent of the Folkestone Corporation,
was granted a protection order in respect of the licence of the Packet
Boat Inn, Radnor Street, which it was stated had been purchased by the
Corporation in connection with the slum clearance area in the district.
The outgoing tenant was Mr. J. Sirrett.
Mr. Rutley Mowll made the application. He said he asked the Magistrates
to grant a protection order to Mr. Roden, who was probably well known to
the Magistrates. Mr. Sirrett was giving up possession that day. He made
a formal application that the Magistrates would waive the condition with
regard to the seven days' notice being given. The notice was given to
the Police on Friday concerning the application and they offered no
objection.
The Clerk (Mr. C. Rootes) said there should be a seven days' notice, but
a shorter notice might be taken by the Magistrates.
Inspector Pittock said the notice was served on the police on Friday.
The Chairman: There has been nothing sprung on the authorities?
The Clerk: No.
Mr. Rutley Mowll: It was the earliest possible moment after the purchase
was completed.
The Chairman: Then the property has been bought by the Corporation. The
purchase is completed and this is an application now in respect of the
change of tenancy?
Mr. Rutley Mowll: That is so.
The Chairman said he did not think the Magistrates required any
testimonials in respect of Mr. Roden. That was a protection order for
which Mr. Mowll asked in order that an application could be made at the
next transfer sessions.
Mr. Rutley Mowll: We shall ask for the full transfer to be completed on
July 10th.
The Chairman said the Magistrates granted the protection order in the
name of Mr. Roden.
The Magistrates also excused the attendance of Mr. Sirrett at the
transfer sessions when the application for the transfer would be made.
Note: This is at variance with More Bastions.
|
Folkestone Herald 29 June 1935.
Local News.
A protection order in respect of the Packet Boat Inn, 59, Radnor Street
was granted by Folkestone Magistrates on Tuesday.
The property has been acquired by the Folkestone Corporation in
connection with the Radnor Street Clearance scheme, and the protection
order was applied for in the name of Mr. G.E Roden (Parks
Superintendent).
Mr. R. G. Wood was in the chair, and the other Magistrates were Mr. F
Seager and Dr. W.W. Nuttall.
Mr. Rutley Mowll said Mr. John Sirett was the outgoing tenant and Mr.
G.E. Roden, the new tenant. The latter was probably well known to the
Bench as the Parks Superintendent. Mr. Sirett was giving up possession,
and it was now necessary for the licence to be in the name of Mr. Roden,
on behalf of the Corporation. He therefore made formal application and
also asked them to excuse the seven days’ notice. He believed notice was
given last Friday to the Police and he understood they offered no
objection.
Mr. R. G. Wood: I take it this property has been bought by the
Corporation? - Yes.
The purchase is complete, and now it is a case of the Bench attending to
the licence? - Yes.
This is a protection order you are asking for this morning in order to
meet the next transfer sessions, and I take it then you will want a full
transfer? - Yes.
The order was granted.
Mr. Mowll asked if the outgoing tenant would be excused attending on the
full transfer as he was taking a licensed house elsewhere.
The Magistrates granted the request.
Note: This is at variance with More Bastions.
|
Folkestone Express 13 July 1935.
Local News.
Seven Kent Magistrates of the Elham Petty Sessional Division on
Wednesday sat at the Folkestone Police Court and heard the application
of the Folkestone Town Council for the transfer of the licence of the
Packet Boat Inn, held for the last fortnight by Mr. G.E. Roden, the
Parks Superintendent, to the East Cliff Pavilion, and to be in the name
of Mr. Roden. There was considerable opposition, and the Magistrates,
after considering their decision in private for close upon half an hour,
announced that they granted the removal of the licence to the East Cliff
Pavilion on the understanding that all intoxicating liquors sold should
be consumed on the premises as shown on the plan.
The Magistrates were Col. E.R. Wayland, Major J.G. Welch, Mr. J.J.
Clayson, Col. D'Esterre, Mr. J. Cross, The Mayor of Hythe. And Judge
Terrell, K.C.
Mr. A.K. Mowll appeared in support of the Corporation's application.
Opposition to the application came from Mr. B.H. Bonniface for the
licensee in the immediate vicinity and the Licensed Victuallers'
Association, Mr. P. Philcox, who represented the Folkestone Temperance
Council, and the Rev. J.C. Carlile, representing the clergy and
ministers and a number of ratepayers.
Mr. Mowll said he appeared on behalf of Mr. Roden, who had been granted
protection to sell at the Packet Boat Inn by the Bench of Licensing
Justices. The application was for a special removal of that licence as a
fully licensed house to the East Cliff Pavilion, which was about 800
yards from the site of the Packet Boat Inn. The Corporation purchased
the Packet Boat Inn and two adjoining cottages for £4,300, one of the
properties included in the Folkestone Radnor Street No 1 Confirmation
Order, 1934. As a matter of fact those premises actually formed part of
a new road, so that it would absolutely necessary for them to be pulled
down. The East Cliff Pavilion was built recently by the Corporation, and
cost between £7,000 and £8,000 to erect. It was situate, as the Bench
probably knew, on the East Cliff, and was a most beautiful building. The
present construction was to be very little altered. There was a large
refreshment hall, the centre of which was used also for dancing, and on
the sea side of it were the premises that were going to be altered. That
portion was at present used as a hat room and would be the bar. They
would see the counter in it from the plan. A portion of the lavatory was
going to be converted into a store. The public would have access there
to the entrances shown on the side of the premises and as shown on the
interior of the premises. The premises he was asking to be licensed were
shown on the plan coloured pink.
The Corporation, having purchased the Packet Boat Inn for such a large
sum of money, thought they ought to use it for the best advantage of the
ratepayers, and therefore they were asking for that special removal
under section 24 of the Licensing Act, 1910. The Magistrates had to
consider two points. One was whether the applicant was a fit and proper
person. They had already heard that the licence had been granted to Mr.
Roden. He was the Parks Superintendent for the Borough, and one could
hardly imagine a more suitable person to hold a licence. The second
point was whether the premises were fit and convenient for the purpose
under sub-section 4 of section 24, which dealt with the special removal
of a licence.
He was going to ask them to insert a clause in regard to the licence,
and that was that there should be no selling for consumption off the
premises. The present licence was a full licence, and the licensee could
sell on or off the premises. It was thought, having regard to all the
circumstances, that it would be better for that condition to be
inserted, and he at once said the Corporation was only too willing for
that to be done.
There were no licensed premises anywhere near those premises. The Packet
Boat Inn was roughly 800 yards from the East Cliff Pavilion. The East
Cliff Tavern was 700 yards away, the Lifeboat, North Street, 820 yards,
the Jubilee, Radnor Street, 820 yards, the Ship Inn, Radnor Street, 830
yards, the Oddfellows, Radnor Street, 870 yards, Royal Oak, North
Street, 780 yards, the Raglan, Dover Road, 920 yards, the Martello,
Dover Road, 930 yards, the Railway Tavern, Dover Road, 1,020 yards, and
the Swan, Dover Road, 1,080 yards. The nearest licensed premises to
those premises was thus the East Cliff Tavern, which was 700 yards away.
He did not know whether the Bench were acquainted with the premises.
They were in a part of the town that had recently been developed. People
in the season went there in thousands; there was a large stretch of sand
nearby. Very great inconvenience had been suffered in the past by people
not being able to get any reasonable refreshment. He asked that they
would grant the application subject to that condition.
Mr. C.F. Nicholson, the Town Clerk, said the Packet Boat was one of the
properties in the Order, and there were three other licensed premises in
the area, and the Corporation acquired the Packet Boat compulsorily.
They gave for the Packet Boat Inn and two adjoining cottages £4,300 as
the compensation. A very considerable part of that figure represented
the value of the licence. The premises known as the Packet Boat Inn were
to be pulled down under the Housing Act for public purposes. It was in
the view of the Corporation that they would be lacking in their public
duty if they did not make the fullest use of the licence, and they came
to the conclusion that it should be removed to the East Cliff Pavilion.
They had a licence in regard to the Leas Cliff Hall subject to special
conditions. The East Cliff Pavilion was situated on the East Cliff and
was erected at a cost of between seven and eight thousand pounds. It was
replete with every comfort for persons requiring alcoholic refreshment.
It had been found that there was a considerable drawback, particularly
in regard to luncheons, when people found they could not have
intoxicating liquors. There had been many complaints and enquiries. In a
place like Folkestone it was rather an anomaly that a hall like that
should not have the opportunity to provide the public with alcoholic
refreshments. Mr. Roden, who was the Parks Superintendent, would be the
actual licensee, therefore the whole licence would be under the eye of
the Corporation. In his view there was a real need for such a licence.
Mr. Bonniface, cross-examining: I think in the first place the pavilion
was built with no idea of having a licence?
Mr. Nicholson: I should not agree to that. It was known when the hall
was being built that these licences were likely to be acquired. At that
time it was thought there would be four licences.
When it was built there was no idea of applying for a licence for it? –
No, sir.
Was it not said so by members of the Council? – They might have said so.
Was it ever taken into consideration by the Council when the hall was
being built that it would be necessary to apply for a new licence? – I
do not think the Corporation would have ever considered applying for a
new licence.
Because of the impossibility of getting one? – No, because of the
monopoly value.
Did you advise the Council in your opinion it would be impossible to
obtain a new licence? – I probably did, and I still hold that opinion.
And, of course, by getting this licence removed it means that the
Council will save monopoly value? –Certainly.
You would have had to pay for the licence of these premises in any
event? – Yes.
It is simply a matter, because they had got to pay for that, the
Corporation thought they would take advantage of it? – Yes.
There was another course which might have been taken? It might have been
surrendered? – Yes.
Or it might have been sold to another person? – Yes.
And that person could have come and applied for the transfer? – Yes.
In answer to further questions from Mr. Bonniface, the Town Clerk said
the Catering Sub-Committee first recommended the transfer. Then the
Parks Committee decided to refer the matter to the General Purposes
Committee. That Committee by 17 votes in favour and 10 against decided
that they would refer a recommendation for the application for the
transfer to the Council. That resolution was confirmed by the Council by
22 votes to 11. There was a considerable amount of opposition from
ratepayers before the Council, and there was a number of letters in both
directions before the members. They had had complaints that intoxicating
liquors could not be obtained and served with lunches at the Pavilion,
but those complaints had not been made to him.
Mr. Bonniface: Would you be prepared to have endorsed on this licence
that intoxicating liquors should only be served with meals?
Mr. Nicholson: No.
When asked by Mr. Bonniface how bottles would be prevented from being
taken out, Mr. Nicholson said “I hesitate to answer that question. I am
not experienced in such matters, but I understand people like to see
their beer poured out”. (Laughter)
Mr. Bonniface pointed out that a number of people used the Warren and
the sports ground round about, and Mr. Nicholson replied “We definitely
do not wish, and shall not allow, people to take bottles of beer from
the Pavilion into the Warren”.
The Clerk (Mr. Rootes): There will be a staff in the Pavilion?
Mr. Nicholson: Yes, an adequate staff.
In reply to further questions by Mr. Bonniface, the Town Clerk said
there had been no difficulty with regard to getting a licence at those
premises in the winter months for dances. They had used the Leas Cliff
Hall licence for that purpose. The licence for the Leas Cliff Hall
prohibited the Corporation selling off the premises.
The Chairman (to Mr. Nicholson): Have you had any trouble at that Hall
by bottles being served over the counter?
Mr. Bonniface: I am not suggesting that.
Mr. Philcox, cross-examining Mr. Nicholson: You have had a little
trouble with regard to the Leas Cliff Hall?
Mr. Nicholson: In what way?
You have had to change the licensee at one time? – Ever since we have
been doing the catering the licence has been in the Entertainment
Manager's name.
Before the Council the Chairman of the Committee responsible said from
his experience at the Leas Cliff Hall he did not think it was desirable
for the Corporation to have another licence? – That was his opinion.
There has been some little trouble there? – Yes. It was usually from
people not those who had spent the evening at the Hall, but those who
came there at the closing of the other licensed houses, and when they
got there they were refused admission, or had gained admission and had
to be turned out.
Some weeks ago there was someone arrested for making a nuisance of
themselves at the Hall with a horn?
The Town Clerk pointed out that they were not charged with being drunk.
They were undergraduates who had been blowing a horn on the Leas. He
added that the Corporation had thought it best that buildings under
their control should have proper supervision, and therefore a plain
clothes officer had been in the Hall. Continuing, he said Mr. Roden
would not be there all the time, but there would be other people there
supervising the intoxicating liquor trade. He was not suggesting that
Mr. Roden would spend a lot of time there.
Mr. Philcox: I think the rent of the Packet Boat is £35?
The Town Clerk: I believe so.
What do you think would be the rateable value of the Pavilion? – I have
no idea; it is not rated at the moment.
You will admit it will be more than £35? – I do not know.
I believe £200 was the amount mentioned in Council? – I believe that was
it.
Is that a likely figure? – I do not know. I am not a valuer.
The Pavilion was really intended to be a restaurant? – Yes, it was, I
suppose. All sorts of refreshment can be obtained there, lunches and
teas.
Was it not really only desired to sell intoxicating liquor with food? –
No, certainly not.
You would object to that condition? – The Council anticipated that if
the licence was removed that they would supply intoxicating liquor.
Is it intended to bar children from the Pavilion altogether? – No,
certainly not. Children will not be allowed into the bar.
Liquor will be consumed in the main hall where children will be
admitted? – Certainly.
Will there be any part of the hall only for those who do not desire
intoxicating drink? – It is not proposed to divide between intoxicating
and non-intoxicating refreshments.
Is it proposed to sell liquor on all seven days of the week? – Yes.
In reply to further questions by Mr. Mowll, the Town Clerk said there
were a very large number of houses springing up in the district since
East Cliff had been developed. There had been no serious trouble with
regard to the catering since the Corporation had taken over the Leas
Cliff Hall. The Corporation had had representation from two sports clubs
on East Cliff stating that they would like to have refreshments,
including intoxicants, supplied in the Pavilion.
Councillor James H. Kent, 284, Cheriton Road, said he was an off-licence
holder. He was Chairman of the Parks Committee, which was dealing with
that matter. He was well acquainted with the licensing laws and thought
that licence at the East Cliff Pavilion was very necessary, particularly
in view of the complaints they had had and the applications they had
during the time they had been supplying luncheons and suppers. There was
the golf and tennis people who used the golf course and the tennis
courts who desired such refreshment, and the Corporation would be
willing to accept the condition that there should be no selling for
consumption off the premises. There would be no difficulty in providing
fresh and sufficient cloakroom accommodation, although it was proposed
to take one room for the bar. They had, in fact, provided alternative
accommodation.
Cross-examined by Mr. Bonniface, witness said golf had been played on
East Cliff for several years. Two years before they built the East Cliff
Pavilion one of the golf clubs made an application to the Committee to
be allowed to erect a small club-room so that they might use it, and
that undoubtedly so they could obtain intoxicating liquor. That was held
over.
Mr. Bonniface: You had probably in mind a new licence?
Councillor Kent: We had in mind there might be four licences, and that
we might make use of one of them.
What has happened in the course of the last two years to create the
extraordinary demand for this licence? - East Cliff has developed, as
you know, and then again the building was erected as a general utility
building. At present we can supply everything with the exception of
alcoholic liquor. My Committee and the General Purposes Committee looked
at it from every angle and felt we should have a licence.
You think the development of the East Cliff in the last two years has
created the demand? – Yes, because the development has caused a larger
number of visitors to go up there than in previous years.
It does not come to anything like 50 houses? – I do not know about that.
With the extension in building on East Cliff, do you think there would
be any hope of your succeeding in getting a new licence for the Pavilion
if you had applied for one? Would you agree with me that it would be
impossible to get one? – I should say of the Corporation were prepared
to pay the monopoly value it would be worth it, and I should say a
licence would be granted.
Dr. Carlile said he should like to ask the Town Clerk and Councillor
Kent questions.
Mr. Nicholson was thereupon re-called.
Dr. Carlile asked the Town Clerk if complaints had been received from
people living quite close to the Leas Cliff Hall as to persons coming
out late in an undesirable condition.
Mr. Nicholson said he was aware that there had been complaints.
In your judgement, and having that experience concerning the Leas Cliff
Hall, do you think it at all desirable that the Committee responsible
for the Pavilion should be granted a licence for it? – I think you would
have similar complaints anywhere. When they come away from a dance they
would not come away quietly/ It is not due to drink.
Unlicensed halls do not give us anything like the occasion for protests
and extra care that licensed halls do? – I do not know anything about
that.
I would like to ask whether last night the Leas Cliff Hall had an
extension for a dance? – I am afraid I do not know what was going on.
Can you tell the Bench whether you have had any complaints about it? – I
have not heard any complaints this morning. I should be surprised if
there was a dance on Tuesday night.
It may have been on Monday? – I do not think so.
The Clerk said Friday evening was the last occasion on which there was
an extension of licence.
Councillor Kent was also questioned by Dr. Carlile. He said he held an
off licence at Morehall.
Dr. Carlile: Those premises are the only licensed premises between
Cheriton and the Central Station?
Councillor Kent: Yes.
Do you think the number of people going along that road would be any the
less than those who went along the East Cliff? – No.
Therefore the licence was not required more than the one at Morehall? –
I do not know, but the answer to that is that one lot of people pass and
the others stay on the East Cliff.
Mr. Bonniface, in addressing the Bench, said he had wondered whether the
application to them was really an application for the genuine supply to
persons who might be their visitors and attending at that hall, or
whether it was an application to allow the removal to that beautiful
building of a licence which was to be used as an ordinary public house
subject only to the endorsement that intoxicating drink should not be
consumed off the premises. In other words, were the local authority
setting up as publicans with the endorsement on the licence that
intoxicating drink should not be consumed off the premises, and that
part of that case was that the district had so increased that another
licence was required in that district. That would be certainly a matter
he would have to bring before them if the Corporation were applying for
a new licence. If that was what the Corporation proposed to do, surely
there was a principle involved there, and that was; Were the Corporation
going to set up in opposition to some of their largest ratepayers,
people who had a difficulty in carrying on their businesses and paying
their rates? They were told there were thousands of visitors on the East
Cliff, and if that licence was granted they were going to take away from
the licensees in that district what they ultimately had in the past.
There was no evidence before them that those visitors would increase
because there was a beautiful pavilion. There was nothing before them at
all to show that the visitors had had some inconvenience in obtaining
their intoxicating liquor. Had the applicants been prepared to agree to
the condition that intoxicating drink should only be supplied with
lunches his opposition would have gone. All they said was that they
wanted a public house licence with the exception that they would not
allow intoxicating liquor to be taken outside. There was another point
which they should take into consideration, and that was a note of
Patterson on Section 27, which dealt with that particular application.
Mr. Bonniface then read the note which had reference to whether the
Pavilion could be described as being substantially the same premises as
those for which the licence was held at present.
The Clerk: That does not help you much.
Mr. Bonniface said it was for the Magistrates to say whether the
Pavilion was substantially the same premises. If they were not
substantially the same then the application should be for a new licence,
and the Exchequer would be entitled to a monopoly value if those
premises were not the same.
Mr. Bonniface was continuing his argument, quoting from Patterson, when
Judge Terrell asked him “Do you find it in the Act?”
Mr. Bonniface: These are the notes in Patterson.
Judge Terrell: The notes are nothing but the editor's notes.
Mr. Bonniface: That is so.
Judge Terrell: They are not in the Act.
Mr. Mowll: There is not a single word in Section 24 of the Act
concerning what Mr. Bonniface has said.
Mr. Bonniface concluded by saying that that application should be
treated on its merits and that it should be as a new licence and dealt
with in that way.
Dr. Carlile said he represented the ministers and clergy, including the
Vicar of Folkestone, and in addition the Chaplain of St. Andrew's
Convalescent Home. From the proceedings that morning the Bench would
have seen that that really was an application for a public house with a
restriction concerning the sale of drink off the premises. There were
certain special objections to it. They had heard a great deal about the
need. When some of them were in Court before, and the application was
made for the renewal of the four licences in the area which was to be
re-built, they were told there was no question of redundancy, and that
was not a matter to be considered. Had some of them had the opportunity
they would have said there was a question of redundancy. Within five
minutes' walk there were 18 licensed houses. The Magistrates had heard
from where the old Packet Boat Inn stood to the East Cliff Pavilion it
was only 800 yards. If the Bench went through the Harbour to the East
Cliff Pavilion, they would pass five licensed houses on the way, four of
them with back entrances in another street. If they went along Radnor
Street in the best conditions they would pass three licensed houses in
that street alone, and one of them, according to the generosity of the
Corporation, would be a corner site. If the Bench went another way they
would pass one licensed house at the bottom of the Tram Road, and four
other houses within five minutes. Within ten minutes' walk they would
have four or five opportunities of getting a drink. It could hardly be
said there was a growing need for people who went along that way. The
opposition knew the need and they knew the neighbourhood, and they
wished to emphasise the fact that if the need exists, the Corporation,
through the Parks Superintendent, was not the body to supply that need.
They wished to emphasise that very strongly for a variety of reasons.
They did not want, and they represented a large body of ratepayers, the
Town Council competing with the publicans on ordinary lines. It was one
thing at the West Cliff Hall, where intoxicants were served to people
who attended the concerts, dances, and so on. There was nothing of that
kind on the East Cliff, but dances, which sometimes went on until early
in the morning, had been held there, and the little experience was not
to the good when licences had been grated there. It was really a
surprising thing to some of them when it was stated very definitely in
connection with the Leas Cliff Hall licence that intoxicants should not
be served for consumption off the premises, that by some means
intoxicants could be sold at the East Cliff Pavilion through that
licence held by the Corporation. There was nothing to prevent the
Committee, in view of past experience, and what they knew of that
Committee they would do so, of supplying intoxicating drink at the
Chalet in the Warren through the licence at the Pavilion.
The Clerk: Every time they wanted such a licence they would have to
apply for it.
The Rev. Dr. Carlile: There is nothing to prevent them carrying on in
that way.
Proceeding, Dr. Carlile said they agreed that Mr. Roden was an admirable
man, and anyone who knew his splendid work as a gardener could have the
least idea that he could not give supervision to a trade about which he
knew nothing, and they also suggested that a Committee of the
Corporation was not the most desirable body to carry on a public house.
They said from their experience if an ordinary publican had conducted
his premises as the Hall on the Leas had been he would probably have
lost his licence. Anyway, there would have been serious complaints about
the conduct of the premises. He suggested it was unfair to expect a
police constable, who was partly responsible for the conduct of the
Hall, to make complaints about people who were his employers. If there
had to be a licence for that Pavilion, it would be, he suggested, a
straightforward thing if there had been an application for a new
licence, but they knew there would not be the ghost of a chance of
getting that, but that application was an afterthought. The Corporation
had a certain licence, and the question was what they could do with it.
They might have sold it. The Chairman of the Parks Committee, being in
the trade, thought it was a good thing, and the Corporation ought to
stick to it. It might be a large number of ratepayers very much objected
to being mixed up with the ordinary business of a public house. He
represented no temperance organisation, but the clergy and ministers,
and they had behind them a large number of ratepayers. Their view was
that if the need could be substantiated – the did not think it could –
of allowing the Pavilion to be a public house according to the
application of Mr. Mowll, supported by the Town Clerk, then they should
let it be provided by the brewer and a proper publican. At the present
time the East Cliff Hall was for the provision of teas and light
refreshments, and one of the needs for which it was built was the
provision of toilet accommodation for women and children. They had heard
there was no proposal to exclude children from those premises. They
submitted that it was not at all desirable that the premises should be
utilised as was suggested. A number of women would not take their
children to a place that was an ordinary public house. They believed the
Council had made a mistake over the matter. The Magistrates had heard
the different figures regarding the voting, and the members were not at
all unanimous. Some members of the Council had spoken very strongly in
opposition. The Committee responsible for the Pavilion did not seem to
do very well, for according to the published figures they made a loss
for which they were responsible. If they could not make a profit on
those premises without a licence, then they as ratepayers did not want
to make a profit in that way.
He had to do with Dr. Barnardo's Home, which was probably the largest
building nearest to those premises. They knew the character of that
Home, a lovely institution for little children from the homes of the
poorest of the poor, and when people came down to see those children
they did not want to see a public house nearby. Then St. Andrew's
Convalescent Home, which was for patients all over the place, was also
comparatively close. Those premises would be an easy walk from the Home,
and those connected with the Home did not want that licence granted.
The Rev. C.H. Scott, Vicar of St. Michael's, said his opposition
represented the views of residents in the district. It was not based on
the temperance or teetotal question. He had no objection to public
houses in ordinary streets in the town with all the legitimate and
moderate trade. In fact, he encouraged the idea so long as the men were
moderate. The one salient fact that emerged was that that property was
being pulled down in Radnor Street for town development, and a public
house was going begging, consequently the majority of the Town Council
decided to have a new type of public house in a new place. He suggested
that an application for a new licence should have been made for such a
place, but why had that not been done? Because they knew it would never
have had a chance of being successful.. That stood out as the salient
point. The ministers were united on the matter. “That is a most
remarkable thing”, the speaker said, “Dr. Carlile and I have never been
together in our lives, and never will be again”. (Laughter) Proceeding,
he said he lived on the East Cliff. That licence was being obviously
sought for the serving of drinks. He would have agreed to drinks being
allowed with meals, but that suggestion was quite bluntly turned down.
Drinking freely in the Pavilion on Sunday and weekdays, with no
restrictions, was not a pretty picture, and not many residents of the
East Cliff would desire it.
Mr. Philcox said he represented an entirely different view – the view of
the Temperance Council – who had canvassed the neighbourhood to see what
support they could get. As a result he had been instructed to write to a
large number of people near the East Cliff Pavilion, and he had got a
large number of retainers there. In addition, there was a petition
signed by 476 residents.
Judge Terrell: Have you seen your clients? You have not seen all these?
Mr. Philcox: I do not think any solicitor sees all his clients. His
clerk does that.
Judge Terrell: Have you seen any of them?
Mr. Philcox: No.
Judge Terrell: Then you cannot prove the signatures, and they cannot be
produced.
Mr. Philcox was questioned about the petition, and the Chairman asked
him if he took it round himself. He replied that he did not, and the
Magistrates then decided that the petition could not be put in.
Mr. Philcox said all who had signed were local residents. They were
persons resident in the area of the East Cliff. He submitted it was
quite obvious that the residents would not like a public house there,
because it was a residential district. If the Pavilion was going to take
people away from their meals it was not going to be of benefit to
boarding houses. He submitted that if the removal was granted, then
intoxicants should only be served with food at tables on the premises.
He did not think that would be any hardship to the Corporation, but it
would meet the views of a large number of ratepayers.
Mr. Mowll said he had been able to get the figures regarding the
population in the area in reply to an enquiry by the Magistrates. The
population was 1,650, and the number of houses was 330. Those figures
did not include Radnor Street and The Durlocks.
The Chairman: I understand the police have no objection.
Chief Inspector Pittock: No, sir.
The Bench were absent for close upon half an hour considering their
decision, and when they returned the Chairman said “The Bench have
agreed that the licence should be removed and granted on the
understanding that all liquors sold should be consumed on the premises.
Note: Dr. Carlile asks us to say that in his question to the Town Clerk
in reference to a dance on Tuesday night, it was obviously the East
Cliff Pavilion to which he referred, and not the Leas Cliff Hall, as the
replies by Mr. Nicholson and the Magistrates' Clerk would indicate.
|
Folkestone Herald 13 July 1935.
Local News.
An application by the Folkestone Corporation for the removal of the
licence of the Packet Boat Inn, Radnor Street, to the East Cliff
Pavilion, East Cliff, was granted on Wednesday.
The Corporation presented its application to a special Bench of County
Magistrates at the Folkestone Police Court. Colonel E.R. Wayland sat
with the Mayor of Hythe (Councillor E.C. Smith), Mr. J.J. Clayson, Mr.
James Cross, Major J.G. Welch, Colonel J.C E. D’Esterre, and Judge H.
Terrell, K.C.
Before the application was made by Mr. A.K. Mowll, of Messrs. Mowll and
Mowll, on behalf of the Corporation, the Magistrates granted the
transfer of the licence of the Packet Boat Inn to Mr. Geoffrey Ernest
Roden, the Parks Superintendent, who had been granted a Protection Order
last week. Mr. B.H. Bonniface opposed the Corporation's application on
behalf of licensed victuallers in the immediate district and also the
Folkestone and District Licensed Victuallers" Association, and Mr. E.H.
Philcox, of London, represented the Folkestone Temperance Council.
Many clergy and ministers were present in court, including the Vicar of
Folkestone (Canon Hyla Holden) and Dr. J.C. Carlile. Dr. Carlile stated
that he was representing the clergy and also a number of ratepayers.
Mr. Mowll said he appeared on behalf of Geoffrey Ernest Roden, who had
had granted to him by the Bench the licence of the Packet Boat Inn, and
the application now before the Court was for a special removal of that
licence as a fully licensed house to the East Cliff Pavilion, which was
situated about 800 yards from the site of the Packet Boat Inn. The
Corporation had purchased the Packet Boat Inn and the two adjoining
cottages for £4,300 as part of the properties included in the Folkestone
Radnor Street No. 1 Housing Confirmation Order, 1934. As a matter of
fact those premises actually formed part of a new road so it would be
absolutely necessary for them to be pulled down.
The East Cliff Pavilion was built recently by the Corporation at a cost
of between £7,000 and £8,000 to erect. It was situated on the East Cliff
and was a very beautiful building. The present construction had to be
very little altered if the building was licensed. There was a large
refreshment hall in the centre of it, and it was also used for dancing,
and on the sea side of it were the premises which were going to be
altered - at present they were used as a hat room - for the bar. A
portion of the lavatory was going to be converted into a store and the
public would have access to the bar through the entrance at the side of
the premises.
The Corporation, having purchased the Packet Boat Inn for a large sum of
money, they thought that they ought to use it to the best advantage of
the ratepayers, Mr. Mowll continued, and were therefore asking for that
special removal under Section 24 of the Licensing Act, 1910.
There were two points which he thought the Justices would have to
consider and one was whether the applicant was a fit and proper person,
although they had just granted the licence of the Packet Boat Inn to Mr.
Roden, who was the Parks Superintendent for the Borough, and they could
hardly imagine a more suitable person to hold a licence. Secondly, they
had to consider whether the premises were fit and convenient for the
purpose, for sub-section 4 of Section 24 of the Act said, “A special
removal of a Justices’ licence may be authorised to any premises within
the same licensing district as the premises which it is desired to move
the licence, if, in the opinion of the Licensing Justices, they are fit
and convenient premises for the purposes”. He was going to ask them to
insert a condition with regard to the licence and that was that there
should be no selling for consumption off the premises. The present
licence was a full licence, and the licensee could sell on or off the
premises, but it was thought that having regard to all the facts it
would be better for that condition to be inserted, and they were only
too willing that that should be done.
There were no licensed premises anywhere near the East Cliff Pavilion.
As they had heard the Packet Boat Inn was roughly 800 yards from the
East Cliff Pavilion and there were a number of other houses, and he
proposed to give them the distances they were situated from the East
Cliff Pavilion. The East Cliff Tavern was 700 yards away: the Lifeboat
Inn, North Street, 820 yards; the Jubilee Inn, Radnor Street, 820 yards;
the Ship Inn, Radnor Street, 830 yards; the Oddfellows Inn, Radnor
Street, 870 yards; the Royal Oak, North Street, 870 yards; the Raglan,
Dover Road, 920 yards; the Martello Inn, Dover Road, 930 yards; the
Railway Tavern, 1,020 yards; the Swan Inn, Dover Road, 1,080 yards. So
they would see that the nearest licensed premises to those premises was
the East Cliff Tavern, which was 700 yards away. He did not know whether
the Bench were acquainted with the East Cliff Pavilion, but that part of
the town had recently been developed. People in the season came down in
their thousands to the large stretch of sand close by, and they would
have evidence brought before them of the great inconvenience which had
been suffered in the past by people not being able to get any reasonable
alcoholic refreshments. He asked them to grant the application subject
to the condition he had already mentioned.
The Town Clerk, Mr. C. F. Nicholson, was then called by Mr. Mowll. He
said that the Packet Boat Inn had been purchased with two cottages
adjoining for £4,300. A considerable part of that figure represented the
value of the licensed premises. The Packet Boat Inn was to be pulled
down, and the Corporation had decided to make the full use, if possible,
of the licence which they had had to purchase. Mr. Nicholson stated that
the Corporation had a licence in respect of the Leas Cliff Hall, subject
to certain conditions. The East Cliff Pavilion was built at a cost of
between £7,000 and £8,000, and it was complete with every comfort. A
number of complaints and enquiries, however, had been received because
they were unable to serve intoxicating liquor with lunches at the
Pavilion. Mr. Roden, who would be the licensee, was Parks Superintendent
to the Corporation, and therefore the holding of the licence would be
more or less under the eye of the Corporation.
Mr. Mowll: In your view there is a real need for such a licence? - I
believe that there is.
Mr. Bonniface: I think in the first | place the Pavilion was built with
no idea at all of having a licence? - I should not care to say that. It
was known when the place was built that these licences were likely to be
acquired in the Radnor Street area.
Mr. Bonniface: But the hall was built with no idea of having a licence
there? - That is not so.
Did not various members of the Council say so at a meeting? - They may
have said so.
Responsible members, Chairmen of Committees? - Not the Chairman of the
Committee concerned.
Was it ever taken into consideration when the hall was built that it
might be necessary to apply for a new licence for this building? - I
don’t think the Corporation ever considered applying for a new licence.
Did you yourself advise the Council that in your opinion it would be
almost impossible to obtain a new licence? - I probably did and I still
adhere to that view.
In getting this licence transferred the Council will save paying
monopoly value? - Yes, but we shall have to pay for the licence.
You would have to pay for the licence of the Packet Boat in any event,
wouldn’t you? – Yes.
Another course might have been taken - it might have been surrendered or
sold to another person? – Yes.
I think the Catering Sub-Committee first of all recommended this
transfer? - Yes.
And then the whole of the Parks Committee decided that they should not
go on with it? - They did.
The Parks Committee, in fact, will be the people who more or less will
have control of Mr. Roden and the licence? - Yes.
And then on February 6th the Council decided to refer the matter to the
General Purposes Committee? - Yes.
And the General Purposes Committee, by 17 votes to 10 against? - Those
are the correct figures deciding to refer it to the Council.
It was confirmed by the Council by 22 votes to 11? - That is correct.
There was considerable opposition from the ratepayers of the borough
before the Council made that decision? - Yes.
And there was a considerable amount of evidence heard against the
proposal? - Yes, letters in both directions came in.
We have heard from Mr. Mowll that you have had complaints that
intoxicating liquor cannot be obtained and served with lunches? – Yes,
but of course they have not been made to me personally.
Would you be prepared to have an endorsement on this licence to the
effect that intoxicating liquor should only be sold at meals? - No.
Taking the plan which is before the Bench, there is provision for a bar
to be made and there will be an entrance from one side, where one of the
existing lavatories is? - I believe that it is so.
And the bar is placed rather at the rear? - It is more at the side.
Was it suggested in the Council that it would only require one man to
conduct the business from there? - I don’t remember that.
If it only required one, it would be extremely difficult to supervise a
licence on which there was an endorsement that intoxicants were only to
be consumed on the premises, for people could get out easily on to the
cliffs? - Surely you need not let people take bottles away with them;
you need not supply the bottle.
Would you agree to an endorsement that they should not be supplied with
any bottles? – I hesitate to answer that question. I am not very
experienced in these things, but I understand people like to see their
beer poured out. (Laughter)
Replying to a further question, the Town clerk said the Corporation did
not intend to let people take bottles away with them into the Warren.
Mr. Bonniface said so far as these thousands of people they had heard
about from Mr. Mowll, they were only there during the summer, and it was
practically a fixed population on East Cliff in the winter.
The Town Clerk replied that that was so.
Mr. Bonniface: There has been no difficulty in getting a temporary
licence during the winter months for dances at the pavilion? - There has
been no difficulty.
You have used the Leas Cliff Hall licence? - We have, but I cannot say
how many times.
Do you put a condition in the contract that if anybody hires the hall
for a dance they shall use your licence at the Leas Cliff Hall? - Yes.
Mr. Bonniface: Although your Leas Cliff Hall licence prohibits you
serving off the Leas Cliff Hall, doesn't it? - Yes.
The Clerk (Mr. C. Rootes): An undertaking was given that nothing should
be served off the premises.
The Chairman asked if there had been any trouble, such as bottles being
taken out of the Leas Cliff Hall.
The Town Clerk: No.
Mr. Bonniface added that he was not suggesting that that had happened.
Concluding his cross-examination, Mr. Bonniface said to the Town Clerk:
“You are not suggesting the premises from which you are proposing to
remove this licence are in any way comparable with the premises to which
the licence is being removed?”
The Town Clerk: No.
Mr. Philcox: You have mentioned that this is not the only way by which
you can get your money back? - That’s right.
You have had a little trouble with regard to the Leas Cliff Hall,
haven’t you? - In what way?
You have had to change the licensee at one time, haven’t you? - Ever
since the Corporation has been, doing the catering there the licence has
been in the name of the Entertainments Manager.
At the Council meeting the chairman of the committee responsible for the
Leas Cliff Hall said that from his experience of the Leas Cliff Hall he
did not think it was desirable for the Corporation to have another,
licence, didn’t he? - That was his opinion.
The Chairman of the Entertainments Committee opposed this removal, and
he gave as his reason his experience at the Leas Cliff Hall? - He may
have done, I cannot remember what they all said.
Mr. Philcox again asked the Town Clerk if there had not been trouble at
the Leas Cliff Hall, and the Town Clerk explained that the trouble had
been caused by people who had not been spending the evening at the hall
but people who had come there after closing time from other licensed
premises and had either been refused admission or, having gained
admission, had been turned out.
Mr. Philcox then asked the Town Clerk if it was not a fact that a few
weeks ago two young men who had been to the hall were not arrested
outside.
Mr. Nicholson said the two men had been making a nuisance of themselves
in the hall with a hunting horn, but there was no suggestion that they
were under the influence of drink.
Mr. Philcox: Don’t you have to have detectives or police officers in
plain clothes up there? - There is someone there to keep an eye on the
building. The Corporation consider that as it is a building under their
control there should be proper supervision.
No one would suggest that Mr. Roden is not a thoroughly desirable
person, but will he be on the premises all the time? - Not all the time.
Will he be about on the premises? - He will be there frequently.
Is it not a question of using his name as Parks Superintendent? - There
will be other people there supervising the intoxicating liquor trade. I
am not suggesting that Mr. Roden is going to spend a lot of time there.
He is in charge of the department running the building.
I think the rent of the Packet Boat Inn was about £35 a year. What is
the rateable value of the Pavilion? - I have no idea; it is not rated at
the moment.
Would it be considerably more than £35, £200, I believe, was suggested
in the Council? Is that a likely figure? - I really don't know, I am not
a valuer.
Is it not only desired to serve intoxicating liquor with food? - No,
certainly not.
Would you object to such a condition? - I am quite sure the Council
anticipate if the licence is removed that they will be able to sell
intoxicating liquor at other times than meals.
How are you going to deal with the question of the bars? Are you going
to bar children altogether from the building? - Children will not be
allowed into the bar.
Mr. Philcox: But liquor will be consumed anywhere?
Mr. Nicholson said it was not proposed to divide the building up into
“non-intoxicating liquor” and “intoxicating liquor” sections.
Is it proposed to sell intoxicating liquor on all seven days of the
week? - Yes.
Would you object to a condition that there should be no Sunday trading?
- I should, and I think the Council would.
Mr. Philcox questioned the Town Clerk as to the accommodation when
dances were held and suggested there had not been enough room in the
cloak room.
The Town Clerk said there had been some trouble when the number of
people present was greater than the hall would properly accommodate.
Mr. Mowll (re-examining): Am I right in saying a very large number of
houses have gone up in the district since the East Cliff has been
developed? - Yes.
And I suggest this road improvement of yours will still further increase
the number of houses? - There is certainly development going on there.
There has been no trouble in regard to the catering at the Leas Cliff
Hall since you have taken it over yourself? - No serious trouble.
Are there several golf and tennis clubs using the pavilion? - Yes, and
we have had representations from two of the clubs that they would like
to have refreshments there.
Councillor J. H. Kent, of 284, Cheriton Road, Folkestone, Chairman of
the Parks Committee, said he was the holder of a licence in Cheriton
Road, and was thus well acquainted with licensing matters.
Mr. Mowll: What do you say about the licence at the East Cliff Pavilion?
- I think myself it is very necessary, specially in view of the
complaints we have had, and the applications we have had during the time
we have been serving lunches and suppers. Then again there are the golf
and tennis people who use the golf course and the tennis courts, because
quite large numbers of them have also asked for a licence.
Mr. Mowll: A question was asked the Town Clerk about the cloak room
accommodation? - We have already provided alternative accommodation
larger than the existing room.
Mr. Bonniface, cross-examining, said: You have told us that golf and
tennis clubs have mentioned this matter. Golf has been played on the
East Cliff for several years. There has been no difficulty for those
people getting a drink. They did not ask you to apply for this licence?
- Two years before we built this Pavilion one of the golf clubs made
application to the Committee to allow them to erect a small hut or club
room for their private use, and that was undoubtedly for them to obtain
intoxicating liquor under a Club Licence.
You had in mind of course that you might put one of those rooms aside
for these clubs, for a club licence? - Not necessarily, we have a club
room already.
You did not consider the demand at that time sufficient for you to apply
for a new licence on the East Cliff? - No, not for a new licence.
Then what has happened in the course of the last two years to create the
extraordinary demand we have got now? - In the first place the East
Cliff has developed and the Pavilion was erected as a general utility
building, and at present we cannot supply intoxicating liquor. My
Committee and the General Purposes Committee looked at it from every
point of view and they decided we needed it.
The Parks Committee turned it down, didn’t they? - By a very small
majority.
But they did turn it down, didn’t they? - Yes.
Then you think the development of the East Cliff during the last two
years has created a demand for it? - Yes, because the development has
caused a larger number of visitors to use the East Cliff within the last
two or three years.
Would you say the development was as many as 50 houses? - I don’t know.
I would put it to you that there has been nothing like 50 new houses? -
I don’t know about that.
As a licensee yourself would you agree it would be practically
impossible for anybody successfully to ask for a new licence? - I think
you know as well as I do that new applications are very warily granted
to-day.
With the amount of building on the East Cliff do you think there would
be any hope of your succeeding in an application for a new licence? - I
would not like to say.
Would you agree with me and say it would be impossible? - No, I should
say if the Corporation were prepared to pay the monopoly value it would
be worth it, and I should say in all probability the licence would be
granted.
At this point the Town Clerk returned to the box in order that Dr.
Carlile might have an opportunity of putting certain questions to him.
Dr. Carlile said he expected the Town Clerk and the Justices were quite
aware that a number of people who like him-1 self lived upon the Leas,
comparatively close to the Leas Cliff Hall, had made complaints upon
various occasions to the Committee as to persons coming out late at
night in an undesirable condition. Continuing, he said: I would like to
know whether the Town Clerk is aware of that?
The Town Clerk: Yes, I am aware of of that.
Then I would like to ask further, in the judgment of the Town Clerk if
with the experience that he shares with me, only much more so concerning
this hall, he thinks it at all desirable that the Committee now
responsible for this pavilion should be granted a licence for other
premises in the neighbourhood? - I think you would have the same
complaints if no intoxicating liquor was sold at the Leas Cliff Hall at
all. When they come away from dances they don’t come away very quietly,
I am afraid.
That is a matter of opinion, but the Town Clerk will agree with me that
unlicensed halls have not given us anything like the occasion for
supervision and extra care that the licensed halls give us? - I don't
know about that.
Dr. Carlile asked whether it happened that last night there was a dance
at the Leas Cliff Hall (Dr. Carlile meant to say East Cliff Pavilion).
The Town Clerk replied that he did not know what was going on there last
night.
Dr. Carlile: Then the Town Clerk is not able to tell the Bench whether
there was any complaint as to what happened early this morning after
that dance.
The Clerk (to the Magistrates): No extension was granted for a dance at
the Hall last night.
The Town Clerk: I should be very surprised if there was a dance there
last night.
Dr. Carlile: It might have been Monday. In the event of the licence
being granted our chief gardener, a gentleman of character and very
great ability as a gardener, I would like to ask the Town clerk whether
he knows that Mr. Roden has any knowledge at all of the conduct of
licensed premises? – No.
Cross-examining Councillor Kent, Dr Carlile said: I would like to ask
him if he noted the figures given by Mr. Mowll of the distances of the
licensed premises at the bottom of the town from the East Cliff
Pavilion? - Yes.
Do these figures include the off- licence held by another member of the
Town Council in Warren Road? – I could not say. The premises in Warren
Road are an off-licence only.
The Clerk said that the figures did not include those premises.
Dr. Carlile said Councillor Kent lived in the Cheriton Road, at
Morehall, and had off-licence premises. He asked Councillor Kent whether
between the Central Station and those premises there was any other
licensed house.
Councillor Kent: No.
Do you think the number of people who pass along the road would be any
less than the average number who pass along the road from the lower end
of the town to the East Cliff? - No less.
Mr. Mowll : The answer is that one passes along and the other stays.
Councillor Kent: Quite.
Mr. Bonniface, addressing the Magistrates, said towards the end of the
application he had been wondering whether the application was really
application for the genuine supply to persons who might be their
visitors and who were attending the Hall, or whether it was an
application to allow the removal to this beautiful building of a licence
which was to be used as an ordinary public house, subject only to an
endorsement that intoxicating liquor should not be consumed off the
premises, because the district had so increased. That would be a matter
which he or anyone else would have to bring before them when applying
for a new licence. If that be the case, surely there was a principle
involved there and that principle was: Were the Corporation going to set
up in the business of some of their largest ratepayers, people who had
difficulty in carrying on their business and also had to pay heavy
rates, and during a portion of the year going to take away from those
licensees what they had legitimately had in the past? There was no
evidence before Magistrates to show that people in the past had
experienced inconvenience in not being able to obtain intoxicating
liquors. Had the Corporation been prepared to accept an endorsement to
the licence that drinks should only be supplied at lunches the majority
of his opposition would have gone. There was another point which they
had to take into consideration, and Mr. Bonniface then referred the
Magistrates to a note in Paterson’s Licensing Acts dealing with removals
and the powers of the licensing justices relative togranting and
refusing special removals, which, he said, had been subject to
considerable controversy. Provided they were empowered to grant a
licence at all there were three points which the Justices should
consider. The first was: Is the licence holder a fit and proper person?
To that there could be no objection, commented Mr. Bonniface. The next
point was: Were the premises to which it was proposed to transfer the
licence fit and convenient? That was for the Magistrates to consider.
Thirdly, were the new premises substantially similar in construction to
those from which the licence was being removed? Mr. Bonniface submitted
that if the premises were not substantially the same they should say
that the application could not be dealt with as a special removal but an
application should be made for a new licence on which monopoly value
would have to be paid.
The Corporation had to purchase the licence whether they would or not;
the licence was there. They had to purchase it under their scheme; it
was one of the premises they had to purchase and for which they had to
pay full compensation. They had other methods of recovering that
compensation. Turning to the question of the similarity of the premises,
Mr. Bonnifece said the Magistrates should ask themselves if these were
substantially the same premises, premises which were rated at £35 In one
case and rising to £200 approximately. They were removing the licence
from premises which, with two cottages, cost £4,300 to a building which
cost £7,000 to £8,000 to build. Were they substantially the same?
Judge Terrell: Do you find it stated in any Act that they should be
substantially the same premises?
Mr. Bonniface: No.
Judge Terrell commented that Mr. Bonniface had based his submission on
notes made by the editor of the book.
The Chairman said he understood it had a very wide application.
Mr. Bonniface: I agree, but it is supported not only by the notes of the
editor but by a number of decisions.Continuing, Mr. Bonniface said the
evidence they had in front of them, the evidence of the Town Clerk, was
that there was a certain drawback in regard to not being able to supply
intoxicating liquor with lunches. He suggested that the Magistrates knew
the position probably as well as he did: these were premises situated on
East Cliff, away from most of the houses. They were asked to transfer a
licence, a licence which was going to oe used during ordinary public
house hours subject to one restriction. In conclusion he submitted that
the matter should be treated on its merits and an application made for a
new licence.
Dr. Carlile said he represented the ministers and clergy who were there,
including the Vicar of Folkestone, the Vicar of Christ Church, and a
number of other Vicars, and the whole of the Free Church ministers of
the area in addition to Father Maconechie, who was Chaplain at St.
Andrew’s Convalescent Home, near to the Pavilion, and the Vicar of St.
Michael’s, who was a resident nearby and who would like to say a word or
two after he had spoken. From the proceedings that morning the Bench
would have seen that that was really an application for a public house
licence with a restriction of the off-licence which the Corporation had
agreed to. As a public house licence there were certain special
objections to it there. They had heard a great deal about the need. When
some of them were in court before and an application was made for the
renewal of the four licences in the area which was to be rebuilt, they
were told there was no question of redundancy, and that that was not a
matter to be considered. Had they had the opportunity they would have
said that there was a question of redundancy in that area. Within five
or six minutes’ walk there were 18 licensed houses and they had heard
that from the place where the old Packet Boat Inn stood to the East
Cliff Pavilion was some 800 yards. If the Bench walked from Harbour
Street to the East Cliff Pavilion they would pass five licensed houses
on the way, four of those with back entrances into another street. If
they went along Radnor Street, under the best conditions, the new
conditions, they would pass three licensed houses in that street alone,
and one of them, according to the generosity of the Corporation, very
close to the Sands which they had which they had heard ought to be
supplied. One of those new houses would be on a corner site much closer
to the Sands than the East Cliff Pavilion. If the Bench went along Beach
Street and North Street they would pass one house at the bottom of Tram
Road and four others within five minutes’ walk. Allowing that it was 10
minutes’ walk from one end to the other, they would have four of five
opportunities of getting a drink within only five minutes of reaching
the East Cliff Pavilion. It could hardly be said that there was that
great need for people who went along that way. They knew the
neighbourhood pretty well and they questioned the need; they wished to
emphasise that if the need existed, the Corporation, through their Parks
Committee, was not the body to supply that need, for a variety of
reasons, one of which had been brought forward by his friend Mr.
Bonniface. They did not want to see the Town Council competing with the
publican on ordinary lines. It was one thing at the Leas Cliff Hall
where intoxicants, according to the licence, could be supplied to people
who came in to concerts, dances and for refreshment. There was nothing
of that kind at the East Cliff Pavilion. Dances held there were known,
and some of them apparently unknown to the people responsible, and they
sometimes went on until early in the morning.
Dr. Carlile said some of them were surprised to know that the Leas Cliff
Hall licence was being used for the East Cliff Pavilion, although an
undertaking was given when that licence was granted that it should be
for supply only on those premises.
Agreeing that that was so, there was nothing to prevent the Committee in
view of past experience, agreeing to supply the Chalet in the Warren
with intoxicants with the licence which they would have at the East
Cliff Pavilion.
The Clerk to the Magistrates: They would have to apply for it.
Dr. Carlile said he knew that, but there was nothing to prevent them
carrying on that business and adding to the number of licensed premises
in the neighbourhood. They felt that with an absentee landlord, Mr.
Roden, admirable man that he was, anyone would realise that he could not
give sufficient time to the supervision of a trade which he knew nothing
about. They suggested that a Committee of the Corporation was not the
most desirable body to carry on a public house. They said from their
experience that if an ordinary publican had conducted his premises as
the Hall on the Leas had been conducted, he would probably have lost his
licence. In any event there would have been serious complaint about the
conduct of his premises. He also suggested it was unfair to expect a
police constable, who was partly responsible to a Committee of the
Corporation, to make complaints about people on Corporation premises. If
there was to be a licence there at all they suggested that application
should be made for a new licence, and they knew there would not be a
ghost of a chance of any such licence being granted. That application
was an afterthought. The Corporation had certain licences. The question
was: What could they do with that one? They might have sold it. They
thought they could do better with it. The Chairman of the Parks
Committee, being in the trade, knew the value of it, and he thought it
was a good thing and the Corporation ought to stick to it. It might be
that a large number of ratepayers very much objected to being mixed up
with the business of a public house. He did not represent any temperance
organisations. The view that he represented was that if the need could
be substantiated - they did not think it could - but if it could, then
let the brewers and distillers build their own premises and not have
Corporation premises used for such purpose. At the present time the East
Cliff Pavilion was for the provision of teas and light refreshments for
people with their families and their children, and one of the things
that weighed considerably was the provision of toilet accommodation for
women and children. They had heard from the Town Clerk there was no
proposal to exclude children from those premises. How they were going to
manage it, he suggested, Councillor Kent would put them wise, but they
submitted it was not at all desirable that the premises should be used
for those two purposes or that children should be excluded. A number of
women would not take their children to a place that was an ordinary
public house.
They wanted to be in harmony with the Town Council. They did not want to
arouse any criticism, but they believed the Town Council had made a
mistake. The Committee responsible did not seem to do very well with the
premises under their control, and according to the published figures
last week they made a loss on each one of the premises for which they
were responsible, but they did not want them to make a profit this
way. Concluding, Dr. Carlile referred to the presence in the
neighbourhood of the Bruce Porter Home (Dr. Barnardo’s) and the St.
Andrew’s Convalescent Home. He mentioned that people came down to see
the children there, and they did not want a public house nearby. The St.
Andrew’s Convalescent Home was within easy walk of the pavilion, and
they did not want something put into that pavilion so that patients from
the Home could go in and out of the pavilion for quite a different
purpose to the one intended.
The Vicar of St. Michael’s (the Rev. C.H. Scott) said his opposition was
not based on the temperance or teetotal question; in fact he had no
objection to the public house. He contended that from every standpoint
an application for a new licence should have been made. Why had not such
an application been made? Because, as their opponents had told them,
such an application would not stand the slightest chance of being
granted. The Rev. C. H. Scott referred to the unity of opinion of the
ministers and added that it was a remarkable thing, for Dr. Carlile and
he had never agreed on any question before and probably they would never
agree again. (Laughter) It had been suggested that the serving of drinks
should be confined to meals and he, for one, would agree to that, but
that suggestion had been rejected on the part of the Corporation.
Drinking in a building like that weekday and Sunday alike would not make
a pretty picture, and he was sure many residents on East Cliff did not
desire it.
Mr. Philcox said he represented the view of the Temperance Council. They
had canvassed the neighbourhood to see what support could be got and the
result was the list of retainers which he had there. A petition had also
been signed by 476 residents. He was instructed by all those people who
had signed the retainers. They were local residents, residents living in
the East Cliff area. It was quite obvious the residents in the area did
not wish to have a public house up there, for it was a residential
district. The only condition offered by the Corporation was that the
licence should be endorsed so that drinks should not be served for
consumption off the premises. He asked the Magistrates not to grant the
application unless further conditions were agreed. He further submitted
that there should be no bar at all. It was a condition of many
restaurants where drinks were served that there should be no bar.
Mr. Mowll stated that he had ascertained that there were 1,650 people
living in the district and 330 houses.
The Chairman: I understand the police have no objection whatever?
Chief Inspector H.G. Pittock: No, sir.
The Magistrates retired and were absent some time. On their return the
Chairman said: The Bench have agreed to the removal of this licence on
the understanding that liquor shall only be consumed on the premises.
The Clerk said a condition to that effect would be inserted in the
licence register.
Editorial.
A Bench of Magistrates from the Elham Petty Sessional Division and one
Magistrate of the Folkestone Bench heard arguments on Wednesday for and
against the application of the Folkestone Corporation for the special
removal of the licence of the Packet Boat Inn, Radnor Street, to the
East Cliff Pavilion. Opposition of a vigorous nature was forthcoming
from the Folkestone Licensed Victuallers, from clergy, and from the
Temperance party. Having heard the case for the Corporation and the
submissions of the opposition, the Magistrates granted the removal,
subject to a restriction that intoxicating liquor may not be sold for
consumption off the premises. We do not intend to make further comment
upon the question of whether a licence for this pavilion is or is not
necessary. We are satisfied that, the licence having teen granted, it
will be very carefully used and there will be strict supervision of the
pavilion by the Parks Committee and the license holder, Mr.G. E. Roden.
We understand that confirmation of the special removal of the licence is
not required, as would be the case with the granting of a new licence.
The pavilion undoubtedly meets the needs of a large holiday-making
public assembling at this period of the year daily on the East Cliff,
and we have little doubt that the amenities provided there will be
greatly appreciated. Whether the licence will induce still more people
to use the pavilion or not remains to be seen.
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LICENSEE LIST
COCK James 1846-51
BOORN Richard 1851-Dec/57 (age 48 in 1851)
(Also "Alma Tavern.")
BOORN John Wittingham Dec/1857-62+
(Boat builder
age 27 in 1861)
BOORN Richard 1861-68+
FAGG John 1868?
SMITH Robert 1869-78+
BEERS George 1874
SMITH Mrs Jane Mary 1878-99+ (widow age 48 in 1881)
NEWMAN Albert Thos
1899-1904
GOLDSMITH
Thomas Goldsmith 1904-10
DEVERSON
Maurice 1910-11
GOODALL Andrew 1911-18+
KENNETT
Frederick 1918-21
TWIGG John W 1921-26
SIRETT John 1934+
ELLEN
Ernest 1927-33
SIRRET
John 1933-35
RODEN
Geoffrey Ernest 1935
From the Pigot's Directory 1832-33-34
From Bagshaw Directory 1847
From the Post Office Directory 1862
From the Post Office Directory 1874
From the Post Office Directory 1882
From the Post Office Directory 1891
From the Kelly's Directory 1899
From the Post Office Directory 1903
From the Kelly's Directory 1903
From the Post Office Directory 1913
From the Post Office Directory 1922
From the Kelly's Directory 1934
From the Folkestone Chronicle
From the Dover Express
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