LAWS on running a PUB in Otago 1874 :: Genealogy
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LAWS on running a PUB in Otago 1874

Journal by ngairedith

A long, (but interesting) article regarding the rules and regulations on running a hotel/pub in Otago in 1874 appeared in the Otago Witness 25 April 1874
I have included the link here if you wish to read the article in full and have listed below some of the most interesting (and often amusing, compared with today)

The first sitting of the new Licensing Bench under the Act of 1873, commenced at noon on Tuesday in the Resident magistrate's Court, before J. Bathgate, Esq., Chairman and A. C. Strode Esq., J. Fulton Esq., and W. Mason Esq., Commissioners. Before commencement of the business, Mr Bathgate spoke as follows:-
...In opening for the first time the Licensing Court, established under the provisions of the Licensing Act of last session, a few remarks on the subject may be deemed advisable. Important changes in the law have been made.

1 A permanent Court, consisting of the Resident magistrate and three Commissioners, appointed by the Government, has been constituted for the granting of licenses ...

2 Full power is conferred on the Court to grant or refuse any certificate in its discretion ...

3 The police are required to be present at the Court, and report to the Court on the conduct of every licensed house and upon the accommodation provided

4 Two-thirds of the adult residents in a district may memorialise against the granting of any certificate. The power is thus placed in the hands of the people themselves to shut up any house not wanted ...

5 Any householder within the district may appear in person and state objections to the granting or renewal of any license applied for

6 The provisions in the Provincial Ordinances in regard to accommodation and other matters are not repealed ...

...The purpose of these laws being to regulate the liquor traffic ...
* to take care that the traffic is kept under proper control and to lessen the temptation to the weak, the reckless and the improvident, by restricting the number of licensed houses strictly to what is found to be necessary ...
* to deal rigorously with those who encourage drunkenness, gambling, prostitution or crime ...

...In order that the princilpes which will regualte the decision of the Court may be fully known, I will conclude by giving a summary of them:-
I The accommodation prescribed in the Provincial Ordinance to be rigidly required

II The law as regards Sunday traffic to be declared to be operative. Any infringement will operate to prevent renewal

III Unnecessary competition to be discouraged by the refusal or withdrawal of licenses where the accommodation is apparently not required

IV No license to be granted to an unmarried man, unless in exceptional cases. The law assumes that licensed houses are for the benefit of travelers. No house for the use of travellers can be properly conducted unless under the management of a matron

V Licenses to be granted to widows only in very exceptional cases

VI Any licensee who may be reported as showing incivility or refusing to give information to the Police, or as keeping a dirty house, or allowing disorderly conduct on his premises, or being intoxicated himself, will be refused a renewal

VII Any licensee permitting gambling on his premises will be refused a renewal. No, I may state, that the character of a house will not save them if gambling has been carried on ... a fine young man's prospects in life blasted and himself sentenced to twelve months imprisonment in consequence of gambling in a house in Dunedin, apparently respectable

VIII A list of person thrice convicted of drunkenness in one year will be made up by the police and supplied to licensees. Any licensee supplying such confirmed drunkards with liquor will be refused a renewal

IX Licensees allowing prostitutes to assemble or meet other persons on their premises will be refused a renewal

X No license shall be granted to or renewal given, to any person who is the owner of houses let as brothels or to prostitutes

XI The granting of bottle licenses will be conferred with great caution, and only in cases where the Court is satisfied there will be no abuse of the privilege. None of those shams about clapping a piece of tin foil on a bottle will be allowed now ...
(Tin foil was used as a filling for tooth cavities prior to the 20th century !)

The following wholesale licenses were granted without opposition:-
(more information on some individuals at top link)
? David BAXTER
? Thomas BIRCH
? James FINCH
? Henry James GIBBS
? James MacKERRAS
? James WILSON
? Charles ZEILE

In the following cases the Clerk of the Court states that the applications had been sent in after the date specified by the Act:-

The following applications had been received too late:-
? J. H. ATTWOOD, bottle license
? Robert CADZOW, Publican's license
Henry FAIRBANK, Publican's license
? J. FARGIE, bottle license
John MITCHELL, Publican's license
? R. M. ROBERTSON, bottle license
? H. STEINMETZ, bottle license
? William WHITE, bottle license

NORTH EAST VALLEY Publican's Licenses
? Thomas BROWN - granted
? William FRASER - granted
? John MURDOCK - granted

? Alexander KING - refused

BLUESKIN DISTRICT Publican's Licenses
? David CAREY, junior - granted
Mr Weldon stated, that lately, in the case of an inquest, this applicant and his partner had threatened to throw a dead body out of the house and the Police had to appeal to another publican for assistance
? George NEALE - postponed
It appeared that the house was not yet finished
? John SOUNESS of Waitati - granted

? Nicholas John CONEYS - granted
... after some discussion, Mr Bathgate stated that there was every probability that Portobello would become a fashionable watering place and then a good hotel would be required
? John SEATON - granted?
Mr Bathgate said that the only objection he saw in the matter was Mr Seaton's own statement that a second hotel was not required (laughter)

PENINSULA DISTRICT Publican's Licenses
? William Henry EYRE, Anderson's Bay - postponed
It appeared that the house was not yet finished
? Hugh ROSS. Anderson's Bay - consideration adjourned
Mr Weldon reported that a woman had been removed from the applicant's house to the Hospital in a dying state from the effects of drink

? James Henry POPHAM, Anderson's Bay - postponed

CAVERSHAM DISTRICT Publican's Licenses
? William Henry ARROW - refused
The ground of objection was that the house was close to a chapel and also close to the Immigration Depot. Two witnesses were called in support of the opposition who deposed that they had seen drunken persons coming from the house on Sundays; and had seen persons from the Immigration Depot there
? William GOODISON - refused
Mr Harris stated that the applicant Goodison, who was a bankrupt, was absent from Dunedin, and the license, which had not yet been transferred, had been purchased by one Armstrong. It was reported that the house was not in a proper state of repair
? Timothy HAYES, of Kensington - granted
? John Pugh JONES, of St Kilda - granted
? Henry MITCHELL, of Caversham - granted
? William PAUL, of Caversham - granted
? Francis PORTER, of Caversham - granted

? Nicholas MALONEY - granted
? John BLAIR - refused
Several residents in the neighbourhood opposed it on the ground that it was not wanted

? John FOGARTY - granted

ROSLYN DISTRICT Publican's Licenses
? William SHEDDEN, of Kaikorai Hill - granted

KAIKORAI DISTRICT Publican's Licenses
? William Thomas BUNTING, Half-way Bush - granted
? Eleanor COLLINS - refused
The applicant was a widow, and kept the house with the help of her daughter. The accommodation was meagre and Mr Bathgate stated that the Bench were sorry to be compelled to refuse the application
? Jeremeiah Joseph EAGERTY, of Green Island - granted
? Patrick LONG, of Green island - deferred
It appeared that the application was really on behalf of P. HONEMAN and consideration was deferred
? Lewis Hay Irving MARSHALL - refused
Mr Weldon complained that there was continual drunkenness on the applicant's premises on Sundays - so much so that he was compelled to keep a constable there
? Thomas MESSER - granted

CITY OF DUNEDIN Publican's Licenses South Ward
? James BAXTER, Maitland street - granted
? Michael BOLAND, Stafford street - withdrawn
? Edward BROWN, Hope street - granted
? James Ward COTTON, Princes street - granted
? William Edward COUZENS, Jetty street - granted
? James CUMMINGS, Princes street - granted
? Anne DIAMOND, Princes street - granted
? Patrick FAGAN, Princes street - granted
? Edward Bethel HAMMOND, Stafford street
This was an application for both a general and a night license. The night license was refused, the general license granted
? Thomas HANCOCK, Princes street - granted
? William Henry HAYDON, Princes street - granted
? James Donaldson HUTTON, Princes street - granted
? James KNOX, Princes street - granted
? Edward LYONS, Princes street - granted
The applicant was cautioned not to allow prostitutes in his house and not to have more than one bar
? Ephraim MACHIN, Walker street - adjourned
(reasons why at top link)

Looking across Princes Street, Dunedin, from Bell Hill, in 1864

taken by William Meluish (1823-1888), Dunedin Photographer

by ngairedith Profile | Research | Contact | Subscribe | Block this user
on 2014-03-07 23:43:29

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