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April 4, 1904.]
LICENSING COURT.
A meeting of Justices of the Peace was held on the 28th ult. at the Magistracy to dispose of application of licences for the Hotel America. Wyndham Street, the Connaught Hotel, Queen's Road, and the Windsor Garden and Restaurant,
3. Wongneicheong Road. Mr. T. Sercombe Smith presided, and the other Justices present were Messrs. H. H. J. Gompertz. E. R. Hallifax, A. Ramjahn, J. H. Kemp. P. W. Sergeant, A. Shelton Hooper, W. H.T. Davis, and C. D. Melbourne. Chief Detective-Inspector J. W. Hanson was in attendance.
HOTEL AMERICA.
This was an application from one Fred Nolte for an adjunct licence to sell and retail intoxicat- ing liquors on the premises situated at No. 2. Wyndham Street, under the sign of Hotel America."
A
Mr. G. K. Hall Brutton. solicitor, appeared for the applicant. The premises, he stated. were situated on the top floor of the old German Club, and it was the intention of the applicant to carry on the business of a private hotel. There was accommodation for 33 guests, and it would be apparent to all the Justices that it would be a great convenience to him if he was permitted this licence so as to enable him to supply liquors to his guests with their meals. The nearest fully licensed hotels were the Hongkong Hotel and King Edward Hotel, and he submitted that this adjunct licence would in no way interfere with their business. There was a boarding-house in the neighbourhood with an adjunct licence, but it was quite of a different class to the Hotel America, where the charges were somewhere about $10 a day for each person. In the busy season many people were unable to get rooms at the King Edward or Hongkong Hotels, and he was sure it would be admitted that the Hotel America would be a convenience to tourist visitors.
There were no police objections. The application was granted.
CONNAUGHT HOTEL.
This was an application from one Frederick Bishop for an adjunct licence to sell and retail intoxicating liquors on the premises situated at No. 13, Queen's Road Central. under the sign of "The Connaught House."
Mr. P. W. Goldring, solicitor,. of Mr. John Hasting.'s office, appeared on behalf of the applicant. He said Mr. Bishop had been en- gaged by the proprietors of the hotel in succession to Mr. G. J. Clark, who was still on the premises, but was leaving on the 30th of this month.
CHINA OVERLAND TRADE REPORT.
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on the premises. If there were two, both would | MR. SERCOMBE SMITH AND THE be liable. It seemed a monstrous thing in a case like this, that if the owners had an unsatis-
factory employee and wanted to turn him out necessary to the licence. That could not be the they could not get in a fresh manager as was spirit of the law, and the only way to grant this application and to leave the they could according to the law. owners to deal with Mr. Clark in the best way
was
The Chairman said he had received from Mr. Clark a letter dated 26th inst. stating that this application had heen made without his authority. and that he had no desire at present to transfer the licence to Mr. Bishop or any other person.
Mr. Clark, on being asked if he desired to make any statement, said he held the licence for these premises, and by that licence was not allowed to desert them.
The Chairman, having inspected the licence, pointed out that the words used were. "The licencee shall not abandon the occupation of his house." and said the only effect of this was that if he did so Mr. Clark would be subject to a penalty under the Ordinance. He did not see how that affected the Justices.
Mr. Clark-I do not think they could eject me from the premises.
The Chairman-Well, that is not a matter for us.
POLICE INSPECTORS.
EFFICACY OF THE STOCKS. On the 30th ult. Mr. T. Sercombe Smith made Police Court before taking up the duties of his last appearance as Senior Magistrate at the Puisne Judge during the absence of Mr. Justice Wise on leave. Before severing his connection with the Magistracy his Worship acceded to the request of the Inspec- tors of Police that he should allow them to address him. The ceremony took place in the Large Court. Mr. Sercombe Smith was accom- panied by Mr. H. H. J. Gompertz, his successor in the office of Senior Magistrate. There were present Chief Detective-Inspector J. W. Hanson, Chief Inspector H. G, Baker, Inspec tors D. McDonald. W. L. Ford, D. D. Cuthbert P. McNab, W. G. Warnock, J. Gauld, A. Collett, W. Withers, D. Gourlay, J. Kerr, and A. C. Langley.
Mr. J. W. Hanson, addressing Mr. Sercombe Smith, said the Inspectors of the Police Force had decided that, when his Worship was leaving that Court, they should not allow the oppor tunity to pass without saying a few words to him, and they had gathered there now for that purpose. They would congratulate him first of all on his advancement, and then they wished to thank him for the help and advice that he had afforded to them in the past. When they had had to come before him with cases they had found and they were unanimously agreed that he had been a help to them in pointing out points of law with which they were not familiar, and in helping them through as
with their
Mr. Clark-I have to all intents and purposes paid 8960 for this licence.
The Chairman--It was the proprietor of the hotel who paid it.
Mr. Clark-He has paid it in consideration for me.
In reply to Mr. Shelton Hooper.
Mr. Clark said his terms of agreement were that he was engaged on monthly terms manager; he had received a month's notice.
The Justices afterwards considered the matter in private. When the Court was again made public.
The Chairman stated that the Justices felt themselves in some difficulty in the matter and had decided to adjourn it for a week.
At the end of that time they desired the proprietor and the new applicant to come before them again and explain the then position of affairs; and if the Justices considered it a satisfactory one and one on which they could grant the licence to the new applicant they would further consider the matter.
WINDSOR GARDEN,
This was an application from one Frederick Huber for an adjunct licence to sell and retail intoxicating liquors on the premises situated at No. 3. Wongneichong Road, under the sign of
Windsor Garden and Restaurant."
Hon. H. E. Pollock, K. C. (instructed by Mr. M. J. D. Stephens, solicitor), appeared in sup-
Mr. Clark (who was present in Court) stated that he appeared in opposition to this applica-port of the application.
tion.
The Chairman said he would. be heard presently.
Mr. Goldring, continuing, stated that Mr. Bishop had previously held a licence for Thomas's Grill Room, and there had been no complaints against him. The difficulty that appeared to arise in respect to this licence was as to whether it could be granted to the present applicant while Mr. Clark held the licence. He could not find anything in the Ordinance showing that two licences could not be granted at the same time for the same hotel. The difficulty had arisen because Mr. Clark had declined to acquiesce in the transfer. The Justices were bound to look after the interests of the owners, if the licencee was unsatisfactory.
The Chairman did not think the Justices had any power to cancel the licence.
Mr. Goldring repeated that the application was made in this form because Mr. Clark refused to consent to the transfer. If it was held that the Justices had no power to cancel the existing licence he would ask that the two licences be granted at the same time; there was nothing contrary to this in the Ordinance. Mr. Clark would after the 30th be in the position of a trespasser, and he might be liable to be ejected from the premises.
Mr. Shelton Hooper asked which licencee would be liable in the case of an offence against the licence being committed next week.
Mr. Goldring replied that it would be the one that allowed the fault to be committed and was
The Chairman read a numerously signed petition asking that the licence be granted.
.
Hon. Mr. Pollock said the applicant was carrying on a restaurant business at these premises. He asked simply for an adjunct licence. so that he could supply liquors along with meals to his customers. The premises were about a mile from the nearest hotel and about half-a-mile from No. 1 Police Station. Applicant had served 12 years in the army and had held a beer and spirit licence afterwards in India. His discharge showed that he bore an exemplary character, and he came before them with such a record as would at all events justify the Justices in giving him a trial.
If the licence were granted now it would come up for renewal on or before the 30th November. Of late years there were increasing numbers of people who travelled down to Happy Valley to see the sports and games and enjoy the scenery. The applicant was content to have the licence extending from 10 a.m. till 7 p.m., and would undertake to light Wongneicheong Road with electricity, to build a permanent structure to replace the present temporary one, and to have watchmen, or even to engage two policemen from the Government, so that order should be maintained. Mr. Hallifax stated that there were police objections. Before the license was granted there should be a suitable structure, and similar applications had been refused before.
After considering the matter in private the Justices refused the application.
This was all the business.
casei,
It had been said that A policeman's life was not a happy one," and he would take that opportunity of remarking that there was after all a certain amount of satisfaction, if they could not call it happiness, in enjoying the con fidence of their superiors and of the public. They wished to be dreaded by the criminal and respected by the law-abiding people of thisColony. When they had brought their cases into Court they had been honestly trying to do their duty. and therefore all the help he had afforded them had been a help to their Department and to them individually and severally; and they wished now to thank him on that last occasion on which he was on the Bench for all the help and the advice he had afforded them' (Applause.)
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Mr. Sercombe Smith in reply said he was exceedingly obliged to the Inspectors for the
kind way in which Mr. Hanson had addressed him оп that He know he was only going to for a short time, perhaps for a year, but he could not be in two places at the same time, and though it was with some feelings of regret that he left that place it was also with certain feelings of gratification that he took up the higher post. Mr. Hanson had adverted to the help and advice which they were pleased to say he had from time to time given to them. Well, he hoped no man in the Force who came to him would ever find him remiss in giving help or advice. Any advice he had been able to give to them had been given with the greatest pleasure because he knew that their training had not been such as to make them in all cases entirely conversant with every point of law. Of course he did not profess himself to be so conver. sant with the law as to be able to decide every point that arose. But wherever he had found that a case had been wrongly laid or that some advice was desirable on the procedure of the Court he had never failed to point out any slips that had been made or the alterations that were necessary in procedure. And when he gave help and advice of that kind of course it helped him immensely also. because it prepared the way for a proper and accurate hearing of a case. Mr. Hanson had also referred to the saying that "a policeman's life is not a happy one.' Well, it had not been much in his power to render that life happier, but he had tried to make them as comfortable and as happy in the proceedings of that Court as in its general surroundings he was able to do, and if it had in any way helped towards the pleasure of the Force appearing before the Police Court he felt that he was very well rewarded. He was