Licensing Court 1916 hearings

The Licensing Court hearings of 1916 identified hotels across Victoria, where the licenses were to be reviewed and reommendations made as to which hotels would be forced to close as part of the license reduction program. In the Ballarat district it affected the Clunes and Creswick Licensing districts.

The first hearings

The following lists were published:

CASES FOR HEARING. The members of the Licences Reduction Board (Messrs. R. Barr (chairman), T. F. Cumming, and J. Lock) held a sitting at the Law Courts yesterday, at which they considered and adopted the lists of hotels to be dealt with at the various deprivation sittings, to be held up to the end of June, as submitted by the licensing inspectors, for the respective districts. The hotels included in the lists, and the opening dates of the different sittings, are as under. Other hotels will only be added to the lists if penal convictions are in the meantime obtained against them, or an application at the time of hearing, should the necessity arise...

The second hearings

The court hearings were held in Creswick in February 1916:

LICENSES REDUCTION BOARD. DEPRIVATION SITTINGS AT CRESWICK. The Licenses Reduction Board commenced its deprivation sittings at Creswick on Friday morning last. The members present were Messrs Robert Burr (chairman), James Lock and Thomas F. Cumming, with Mr W. H.. Banks secretary to the board.

Licensing Inspector Sampson conducted the proceedings for the police, and in his preliminary evidence produced the "Government Gazette,", showing that the statutory inhabitants of the Creswick licensing district totalled 3370, which provided for eight hotels. The existing number was 15, therefore there was an excess of seven. Of the 15 hotels, there were nine in the borough, two of which were at North Creswick. There were two at Springmonnt, two at Kingston, one at Sulky, and one at Newlyn, and of the 15 hotels 10 were listed before the board. He had no hesitation in saying that, the whole of the excess hotels could be closed without inconvenience to the public. He had formed the opinion that both hotels at Springmount, one each at Kingston and Sulky, and three in the borough could be closed. If one hotel were retained at Springmount, four or five at Creswick could be closed. The two at Springmount could be closed with less inconvenience than the one at Sulky. The board stated the returns from one Springmount hotel showed a little more than double and the other nearly double that of the one at Sulky. The owners of the Star hotel at North Creswick were not opposing deprivation, and the same thing applied regarding the Town Hall hotel. Mrs Smythe, the licensee of the latter hotel, stated she agreed with that, and asked for the hotel to be kept open till the end of the year.

The first case taken was that of the British hotel, Albert street - owners, Ballarat Trustees, Executors and Agency Co.; licensee Mrs S. McKenna. Mr A. H. Nevett appeared for the owner and licensee. Senior Constable Stevenson deposed that he had been stationed at Creswick for two years. The British hotel was a two-story brick building, of 18 rooms, with eight bedrooms for the use of the public. The hotel was well conducted and well kept. There was good stabling, which was very much in use. He gave details of the distances of the other hotels from the British. He looked on the British as a very necessary hotel. He mentioned some of the hotels not in the list. The chairman said all the hotels were on their trial, for the board could put in those not included in the list.

Continuing the senior constable said there was not a better conducted hotel in the State (referring to the Bridge Hotel). He did think the British was required for the public. To Mr Nevett: The British provided for accommodation of country people, and was as near to the railway station as the American and Farmers' Arms. To the board: Out of the nine hotels in the borough four could well be spared, these being the Star, Railway, Town Hall and Bull and Mouth. He considered the American and the Bridge the best two, and the British next. To the inspector: Either the British or the Farmers' Arms could do the business; the former had the better stabling. Mounted Constable Collins agreed with the senior constable's evidence. To the board: The American and the British were the best for accommodation, and then the Bridge. The Star, Railway and Bull and Mouth are not required. He thought one hotel at Springmount necessary, and thought the Federal at Sulky should be retained.

Thos. Cushin, draper, said he thought the British should not be closed. It was a central hotel, largely used by country people, and was a convenience for his customers and travellers. It would be a pity for the town if it were closed. To the board: Thought it better to close hotels on the outskirts than those in the principal street. He would not close either the British or the Farmers' Arms, and would not look on their closeness as a congestion of hotels. He thought the town would be a visiting resort on account of the mineral spring and swimming basin. Chas. W. Jebb, draper and Mayor of the borough, said the British hotel was centrally situated, and he did not think it advisable to close it. He did not know a hotel with so much stabling. There was no surplus accommodation in the town. He agreed with Mr Cushing regarding the possibilities of the mineral spring, and the forestry school, etc., attracted visitors. To the board; He would not close more than three hotels in the borough. To the inspector: If the British were closed it would cause a congestion at the American. Susie McKenna, married woman, licensee of the British hotel since June last, put in the lease and particulars of her purchases and takings. She gave details of the trade, boarders, stabling etc., and stated if the hotel were not closed she intended to employ a stableman. The board stated the decision would be reserved till Tuesday morning.

The case of the Farmers' Arms hotel was next heard-owner, Misses Marguerette and Marie Montgomery ; licensee Miss Marguerette Montgomery. Mr A. W. Long appeared for both parties. The Senior constable gave evidence that the hotel was brick in front and weatherboard at the rear, containing 17 rooms, with four bedrooms for the use of the public. It was well kept and well conducted. The stabling, six stalls, was in fair order, and used a good deal by country people. He thought the hotel was required. To Mr Long: He had boarded and lodged in the hotel for six weeks. The travelling public were well served. On sports day if there was any congestion at the Bridge the people would ordinarily go to the Farmers' Arms. He knew it was well patronised on sports day. Mounted Constable Collins agreed with the senior constable's evidence, and in reply to the board, said he would close four hotels before be came to the Farmers' Arms.

Alexander Broom said he had the opportunity of observing the trade at the hotel, and in his opinion the hotel was required. To the board: There were too many hotels, and he would close three or four out of the nine. The Farmers' Arms was one of the last he would close. He thought the majority should be in the centre of the town. John B. Mader said he would not like to see either the British or the Farmers' Arms closed, Three would be a fair number to close. John Francis Moore, farmer of Glendonald said many farmers used the hotel. In reply to the board he said he thought one at North Creswick sufficient. Frederick John Eberhard, cordial manufacturer, of Clunes, said he stayed at the hotel once or twice a month, and the class of trade there was excellent. It was also also made use of by the Clunes Bowling club. Both the Farmers' Arms and British were required in his opinion. To the board: He thought the number could be reduced by three. The licensee gave evidence of her connection with the hotel, and also that of her mother. There was no encumbrance on it in any way. One sports day she had served 508 meals. Owing to the severe illness of her sister there had been a falling off in trade, as she (witness) had suggested to customers that they go elsewhere. Public servants etc., had boarded at the hotel. She had the best billiard table in the town.

The chairman said, as they had mentioned in Clunes, some did not practically want to fight against the closing of their hotels, yet did so for they thought if they agreed to the closing the compensation would be less. This was not so, it made no difference whatever. This was the last year that the board could accept surrenders, for there would be no statutory number next year, and if no local option poll be taken no compensation would be paid for licenses surrendered. At Clunes some of the owners said they had put up a fight in order that the compensation would not be reduced through want of opposition. Here they had two intimations offering no opposition to the closing of hotels - the Star and the Town Hall - and if there were any others they would be glad to know of them. Here they had some hotels close together. They did not mean that Mr. Long was putting up a fight for the Farmers' Arms for the reason mentioned. Mr Long said that was so; they desired to retain the hotel. The board also intimated that licensees came to the board and state they were not responsible for the surrender of other licenses asking for a reduction in the fees to be paid as lost license fees. If they fought to retain their licenses why should they ask the board for a reduction of the lost license fees ? These fees may be very heavy this district, and owners should look at that. The decision regarding the Farmers' Arms hotel was also reserved.

The Federal hotel, Sulky was the next on the list, and the owner Mr Frederick Charles Redman, appeared for himself and his wife, the later being the licensee. Mounted Constable Collins gave evidence that the hotel was maintained by the travelling public and drovers. The nearest hotel is the Bull and Mouth at Creswick, and on the south side the Royal Oak, Ballarat. The Bald Hills hotel having been closed, the Federal should be a convenience to those in that locality. He did not know if there would be any hardship or inconvenience to the public if the Federal were closed. The owner stated he had been in possession for 17 years, his wife being licensee for that time. He would like the hotel retained, but would leave it to the board to say whether it was required or not. Decision reserved till Tuesday.

The next hotel dealt with was the Star, at North Creswick, the Ballarat Brewing Co., being the owners and Miss Mary Teresa Bolton the licensee. Senior Constable Stevenson said the building was in bad order inside and out. It was well conducted but could be closed without any inconvenience to the public, the hotel near the railway station being necessary and quite sufficient. Messrs Thomas Coffey and James Francis Curtis gave evidence that the hotel was well conducted. They did not think two hotels were needed at North Creswick. Decision reserved.

In the case of the Town Hall hotel, (owners, the Ballarat Trustees, Executors and Agencv Co., licensee, Mrs H. L. Smyth) the senior constable stated the hotel could be dispensed with without inconvenience. The owner and licensee had agreed to the closing of the hotel at the end of the year, and the board reserved its decision. The board then adjourned till Monday morning, in order that an inspection of all the hotels could be made.

The deprivation sittings were continued yesterday morning. Mr Lock, one of the board members, was absent through illness, and the chairman stated an adjournment would be granted in any case where it was desired that the full board sit to hear the evidence. All the parties agreed to the hearing by the two members. The first business transacted was the compensation to be paid in the cases of the Coach and Horses hotel, Piggoreet, and the Happy Valley hotel, Happy Valley, which are to be closed. The board awarded £250 to the owner and £50 to the licensee of the Coach and Horses hotel, and £220 to the owner and £10 to the licensee of the Happy Valley hotel.

The Bull and Mouth hotel, Creswick, was next taken. Mr J. B. Pearson appearing for the owner and licensee, Mr Geo. Tait and Mrs F. M. Kennelly respectively. Senior Constable Stevenson deposed that, the hotel was in poor condition inside and out, and was poorly furnished. The hotel could be done without with no inconvenience to the public. To the board: The other hotels were sufficient for all local requirements. To Mr Pearson: The Government battery was at the rear of the hotel. Mounted Constable Collins endorsed the view that the hotel could be done without. To Mr Pearson: The residents of the locality would not be inconvenienced, The dredge is nearly three miles from the post office. Mr Pearson submitted that the hotel should stand, as it was near the junction of the Melbourne road and the southern end of the town is as fairly populated as any except the central position. John J. Coughlan, foreman of the Government battery, deposed that people having crushing put through used the hotel, which was a great convenience to mining people. When the dredging boom was on the hotel accommodated more miners than any other hotel. Robert Stephens, foreman for a mining party at Sailor's Falls, deposed to staying at the hotel on several occasions, its nearness to the battery being an advantage. There was plenty of accommodation and good meals and beds were supplied. Thomas G. Jackson spoke in favor of the retention of the hotel. John B. Mader said no hotels should be shut up in the main street. The Bull and Mouth was well conducted and a convenience to residents. Charles E. Hartup, Springmount spoke on behalf of himself and three other carters. The hotel was a great convenience to them, and the trough was the only one where they could water a team of horses without trouble. The licensee gave details of her takings, accommodation, etc., and the class of trade catered for. The board's decision was reserved.

In the case of the Kingston hotel Kingston-owners, the trustees of the late Michael Kenna; licensee, Michael Kane - Mr H. G. Morrow appeared for the parties. Mounted Constable Treacy gave details of the building, and said the hotel was kept clean and well conducted. The Commercial hotel was 90 yards south, and was practically new being cleanly kept and well conducted. He thought one hotel at Kingston would be sufficient. To the board: Allendale was entitled to two hotels before Kingston. To Mr Morrow: One hotel could be closed both at Kingston and at Springmount. If only one was to be closed out of the four, the two at Kingston should remain. Mr. Morrow said he submitted that Kingston had strong claims to retain both its hotels. The board should not close the seven hotels: in any case the Kingston hotel should be left. J. T. Sloan, auctioneer and valuer deposed that in his opinion they should not close more than five or six hotels, and the Kingston hotel should not be in that number. To the board: It was a very permanent district, and Kingston was the central place for shire matters. He agreed that Allendale should have two hotels before Kingston. Residents of Kangaroo Hills and other places came to Kingston to get their vehicles repaired and there were also big chaff mills there. To the inspector: He would close both hotels at Springmount before those at Kingston. John T. Yates, farmer and president of the Shire council and agricultural society, was strongly in favor of retaining both hotels at Kingston. C. C. Phillips, secretary of the agricultural society, expressed the view that the two hotels were required at Kingston. Gilbert J. Brinsden. storekeeper. Kingston, agreed that neither hotels should be closed. One hotel at Kingston would not be desirable Mrs Kane, wife of the licensee, produced the books giving an accurate account of the business at the hotel. The licensee said be was anxious that the hotel should not be closed. It required a little papering. The decision was reserved.

In the case of the Munster Arms hotel, Springmount, of which Mrs Clarke is the owner and licensee. Mr Pearson appeared for her. He stated he was also appearing for the Springmount hotel. He recognised that it was a question of choice between the two. Mounted Constable Collins deposed as to the situation of the hotel and its condition, which was good. It was very well conducted. One hotel only was required at Springmount. Arthur R. Stewart, merchant, Newlyn, John T. Yates, farmer, Newlyn ; and John Morrison, farmer Springmount all gave evidence in support of the hotel being a convenience to the public, the two former supporting the Munster Arms against the other only on the grounds that the licensee was the owner, and would not be able to go out farming or to other work. The owner and licensee gave details of the takings, etc., and the members of the family residing on the premises. She stated it was the only way she had of geting a living, and hoped the board would not close the hotel. The decision was reserved.

The next hotel dealt with was the Springmount situated at Springmount, the owners being the Ballarat Brewing Co. and the licensee Patrick O'Brien. Mounted Constable Collins gave evidence of the structure and situation of the hotel. Thos. A. Symonds, farmer, of Scrub Hill, said the hotel seemed to be a general place of call. He favored its retention, as it had the better stand. Thomas Vague, mail driver, said he thought it desirable for the hotel to remain. There was a great deal of traffic past it, with the post office and weighbridge near by. To the board: The only difference between the two hotels was that the Springmount had the better situation on the cross roads. Charles E. Hartup favored the Springmount hotel being kept open for business reasons. Stanley Bowley, drover, said he found it, convenient to draft sheep at the hotel. The licensee gave particulars as to takings, etc., at the hotel. He had four children at home and five at a private place in Creswick. He had about an acre and a half for stock. The decision was reserved.

The railway hotel was the last, to be dealt with. The owners are the Misses A. E. and L. Roberts, and the licensee Mrs E. J. Warner, Mr Pearson representing them. Senior Constable Stevenson, after giving details of the building, etc., said the hotel was well conducted. In his opinion it was not required. It was of no use to railway passengers. To Mr Pearson: There was no other hotel on the western side of the town. W. P. Northcott and Arthur B. Grose gave evidence in support of the hotel being retained, speaking of it having been well conducted, and it would be inconvenient to residents in the locality if closed. John Mullins, farmer, Graham's Hill, said he and other farmers stabled their horses at the hotel when travelling by train. Annie Emily Roberts, one of the owners, supplied details of the business transacted, and the class of trade. She had been told the dredge was to be restarted, which would benefit the hotel. As in all the other cases, the decision was reserved.

The announcement as to the hotels to be closed in Creswick and Clunes licensing districts will be made at a sitting of the board this (Tuesday) morning.

The results

The License Reduction Board announced its findings in March 1916, with the closure of 12 hotels:

The Licenses Reduction Board concluded its sittings at Creswick on Tuesday, when the hotels to be deprived of their licences in the licensing districts of Clunes and Creswick were announced. The Chairman (Mr R. Barr) said in a number of respects the two districts were very similar. The population of each on the statutory basis was about 3300. In each case most of the hotels were in the town, from which the district took its name, and in each instance there was a fairly extensive outlying district with a number of local points, the claims of which for hotel accommodation had to be considered. The Clunes district, entitled to eight hotels, had 14 whilst the Creswick district, entitled also to eight hotels, had 15. In the former nine were in Clunes itself, two at Allendale, and one each at Smeaton, Moorookyle, and Pewley Hill. The board found two in the B list— the Cumberland at Smeaton and the Nag's Head at Clunes, and consequently had to deal with them first. There was only one hotel at Smeaton, a number in the neighborhood having surrendered in recent years. All the evidence went to show that the remaining hotel was required, and the board considered it had made good its claim to stay. With regard to the Nag's Head at Clunes, the evidence was to the opposite effect, as it was admittedly in the most congested centre of the town, The board was satisfied it should be closed. Some of the owners, who were also licensees, intimated that they recognised that their claims to remain were small, and left their cases in the hands of the board. Those hotels had been well conducted and kept in excellent order, and the board was pleased to put on record the fact that whilst the demand existed they served the public well. But the trading figures showed that of late years the demand had fallen away materially, and fewer hotels were now necessary. The determination of the board, therefore, was that the licensed victuallers' premises in the Clunes and Creswick Licensing Districts respectively, which were not considered necessary for the convenience of the public or the requirements of the various localities, and whose licence would not be renewed were...

LICENSES REDUCTION BOARD. DEPRIVATION SITTINGS AT CRESWICK. HOTELS TO BE DELICENSED. The Licensing Reduction Board concluded its sittings at Creswick on Tuesday morning, when the announcement was made as to the hotels in the Creswick and Clunes licensing districts which will not receive licenses after the end of this year. The full board was present, consisting; of Messrs Robert Barr (chairman). Thomas K Cumning and James Lock. with Mr W. H. Banks as secretary. In announcing the board's determination for the Clunes and Creswick licensing districts, the chairman said: "In a number of respects these two districts are very similar. The population of each, on the statutory basis, is about 3300; in each case, most of the hotels are in the town from which the district takes its name; and in each instance there is a fairly extensive outlying district with a number of local points, the claims of which for hotel accommodation have to be considered. The Clunes district, entitled to 8 hotels, has 14; whilst the Creswick district, entitled also to 8 hotels, has 15. In the former, 9 of the 14 are in Clunes itself, 2 at Allendale, and 1 each at Smeaton, Moorookyle and Pewley Hill.

The board found two in the 'B' list-the Commercial at Smeaton and the Nag's Head at Clunes-and accordingly had to deal with them first. There is only the one hotel at Smeaton, a number in the neighborhood having in recent years surrendered. All the evidence went to show that the remaining hotel is required, and the board considers that it has made good its claim to stay. With regard to the Nag's Head at Clunes, the evidence was to the opposite effect, as it is admittedly in the most congested section of the town, and the board in satisfied that it should be closed. Some of the other owners who are also licensees intimated that they recognised that their claims to remain were small and left their cases in the hands of the board. These hotels have been well conducted and kept in excellent order and the board is pleased to put on record the fact that, whilst the demand existed, they served the public well. But the trading figures show that of late years the demand has fallen away materially, and fewer hotels are now sufficient. Similar remarks will apply to the Creswick district, which also has 9 hotels in Creswick and North Creswick. The whole of the evidence and the board's inspection go to show that there is now no necessity for anything like this number. The board's experience is that it is no real benefit lo the parties or to the public to leave an unnecessary excess while it is reluctant to close hotels which have a long and clean record, it is of opinion that it is to the benefit of all concerned to bring the numbers more into accord with the real wants of the locality. The hotels left in each district, after carefully weighing the evidence and a very comprehensive inspection of all the premises and the surrounding country, are considered to be sufficient to give a reasonably adequate distribution to cater for the different sections whose wants have to be met. The determination of the board there fore is that the undermentioned licensed victuallers' premises in the Clunes and Creswick Licensing districts respectively are not necessary for the convenience of the public, or the requirements of the various localities, and that each shall be deprived of its license, that is to say, that its licence will not be renewed.

The chairman added that sittings of the board would be held later in the year to assess the compensation to be paid to the owners and licencees of the hotels to be closed. The board was indebted to licensing Inspector Sampson for the very capable way be had presented the cases at both Clunes and Creswick, and to the police for the way they had presented the evidence: they found that the police had afforded every assistance, and the board fell it its duty to thank the licensing inspector and the police.

Licensing Inspector Sampson thanked the board tor its remarks concerning the police and himself. He was glad that the sittings had gone through without any apparent hitch. It was a class of work of which the police had had no previous experience, therefore it was the more gratifying that it had been carried out to the satisfaction of the board. The chairman said the board also desired to thank the Clerk of Courts for the way he had attended to its wants; and the local press for its full and efficient report of the sitting of board; it was rarely that such a full report of the proceedings of the board was given, and the information would be useful to the public-most probably in the future. There were ten hotels dealt with by the board both at Clunes and at Creswick. In each district six are to be delicensed.

In the report in Tuesday's issue of the evidence given last Friday regarding the British hotel, it was stated that Senior Constable Stevenson mentioned some of the hotels not in the list before the board, when the chairman said all hotels were on their trial for the board could put in those not included in the list. Then follows the sentence:- "The senior constable said there was not a better conducted hotel in the State." From this it could be inferred that he spoke of the hotel under consideration, whereas it referred to the Bridge hotel, which was not in the list.

Clunes Licensing District

February 23.—Court house, Clunes.— Clunes licensing district:

• Cumberland Hotel, Smeaton - to remain
• All Nations Hotel, Clunes - to remain
• Buck's Head Hotel, North Clunes - to remain
• Cattle Market Hotel, Clunes - Closed
• Cosmopolitan Hotel, Allendale - to remain
• Duke of Edinburgh Hotel, Clunes - Closed
• Moorookyle Hotel, Moorookyle - Closed
• Nag's Head Hotel, Clunes - Closed
• Pewley Hill Hotel, Pewley Hill - Closed
• Railway Hotel, Clunes - Closed

Creswick Licensing District

February 25.—At Court house, Creswick.—Creswick licensing district:—

• British Hotel - to remain
• Bull and Mouth Hotel - Closed
• Farmers' Arms Hotel, Creswick;
• Federal Hotel, Sulky Gully - Closed
• Kingston Hotel, Kingston - to remain
• Munster Arms Hotel, Springmount - Closed
• Railway Hotel, Creswick - Closed
• Spring Mount Hotel, Spring Hill - to remain
• Star Hotel, North Creswick - Closed
• Town Hall Hotel, Creswick - Closed

Compensation

Compensation for closures was awarded in November 1916. Two hotels not on the March list, the Bridge Hotel in Creswick, and the Telegraph Hotel at Clunes, were included:

LICENSES REDUCTION BOARD. COMPENSATION AWARDED. CRESWICK AND CLUNES DISTRICTS. The Licenses Reduction Board sat at Clunes on Wednesday and at Creswick yesterday, to hear evidence to assist them in fixing the compensation to be paid to the various owners and licensees of hotels in the licensing districts mentioned which are to be closed at the end of the present year. Messrs Jas. Lock (chairman) and T. R Cumming comprised the board, and Mr W. H. Banks was present as secretary. The application, of Mr E. A. Dooley to surrender the license for the North Creswick Railway hotel was withdrawn. At the close of the sitting, the board complimented Mr J. T. Sloan on the way he had presented the evidence with regard to various hotels, The awards were as under, the first amount being the compensation (or the owner, the second for the licensee and the third the total amount, the figures representing pounds:—

CLUNES DISTRICT.

• Cattle Market, Clunes, 290, 40,330
• Duke of Edinburgh, Clunes, 275,no claim, 275.
• Moorookyle, Moorookyle, 150, 25,175
• Nag's Head, Clunes 325, 75, 400
• Pewley Hill, Pewley Hill, 200, no claim, 200.
• Railway, Clunes, 225, no claim,225
• Telegraph, Clunes, 410, no claim, 410.

CRESWICK DISTRICT.

• Bridge, Creswick, 400, 58, 458.
• Bull and Mouth, Creswick, 400, 90, 490
• Federal, Sulky Gully, 200, 25, 225
• Munster Arms, Springmount, 300 40, 340
• Star, North Creswick, 220, 50, 270.
• Town Hall, Creswick, 375, 45, 420.

Totals, 3770, 448, 4218.