BULLINGDON PETTY SESSIONS
County Hall, Saturday 23 September 1899

ADJOURNED BREWSTER SESSION
APPLICATION FOR A FULL LICENCE

Mr. T. W. Mallam applied for the provisional grant of a full licence to the Prince’s Castle beerhouse, Barton, near Headington. The publication of the notices having been formally deposed to, Mr. Fisher, who opposed the application on behalf of Morrell’s Trustees and Magdalen College, said he did not know whether the magistrates would take the memorial then, or would do so after Mr. Mallam had made his observations.

Mr. Mallam said he applied on behalf of Messrs. Hall and Co. for the provisional grant of a full licence for this house, which was a beerhouse before 1869, in the hamlet of Barton, close to Headington, and he did so on the ground of the necessity for a house of this description in that particular hamlet. On the 10th of June last the plans of this house were put before the Bench, and approved, for an addition to, and complete renovation of it; and those plans had been virtually carried out, and the house was all but finished. The application was made now on the ground that the nearest fully-licensed house, the “Black Boy,” at Headington, was 700 yards away; the only other alehouse, the “New Inn,” was 950 yards away, and was on the main road beyond the Workhouse. These were the only two alehouses in the district. There was the “Britannia” still further off, about a mile away. The money that would be spent on the house for which the application was made was about £800 or more, and the architect would tell them that the place would be suitable for an alehouse, and of proper value. He would put in a memorial containing 26 signatures, signed by virtually the majority of the people occupying houses in Barton. As far as he could see, Barton consisted of two farmhouses, this beerhouse, one other inn, the “Fox,” owned by Morrell’s Trustees, a house occupied by Mr. Mattock, and about thirty other houses, and out of the number they had the occupiers of 26 signing the memorial. He should not labour the case at length, but would call two or three witnesses, who would tell the Bench that in their opinion a fully-licensed house was requisite for this particular spot. The application was to be opposed by his friend on behalf of Morrell’s Trustees, who were the owners of the “Fox,” and Magdalen College.

Mr. Fisher: Not the “Fox,” but the “Black Boy”, the nearest fully licensed house.

Mr. Mallam said it seemed to him if he might put it to them as a bench, that the opposition of another firm of brewers must be looked at with a considerable amount of distrust; he could not conceive that brewers or persons owning another public-house could start such an opposition as this, because it appeared to him they would be only too glad to get a full licence themselves, and perhaps if the applicant had not started they would have done so.

Sir W. Anson: The “Black Boy” is a fully-licensed house, isn’t it?

Mr. Mallam said yes; with these few remarks he would call his witnesses, and ask for the granting of this provisional licence.

Mr. Christopher Robinson, secretary to Hall’s Oxford Brewery Company, stated that he was the applicant in the matter.

By Mr. Fisher: He had been secretary of the company since its formation, in December, 1896.

Why do you not adopt the usual course, and let the tenant make the application?—I do not know.

Is not the tenant more interested than the brewers?

Any person interested can make the application.

Mr. Fisher: I am cross-examining.

Mr. Robinson: I am the holder of this licence, because it is in my name.

But you are not the tenant, you know.

Sir W. Anson: Is there a tenant?

Mr. Fisher: How are you entitled to hold it, then? — I am holding it on behalf of the company.

Is the company, then, the really resident occupier? No.

There should be someone residing there; is it not proper for a beerhouse licence to be granted only to the resident occupier? — I really don’t know.

What started the application? — The fact of the new house being built.

I take it, then, that the reason you ask for this licence is that there is a new house there? — Yes.

Sir W. Anson: that is what we want to get at; is this application made because anybody wants the licence, or that the company has laid out money?

Mr. Robinson: I am making the application because the company has laid out money, and we think there is scope in the neighbourhood for further trade.

Mr. Mallam: Isn’t it also because the needs of the locality require it? — Yes.

It is because the house has been made much larger that you want to make more profit? — Yes, we want to make more profit.
Sir W. Anson said that suggested the question, was that the only reason?

Witness: I said because we wanted to make more profit; we should not take out this licence unless we thought we should do more trade, and that the neighbourhood would support it.

Mr. John Richard Wilkins, architect, produced the plans of the new house.

Mr. Fisher: As the architect, you have frequently visited this place? — Yes.

How old are the cottages there? The hamlet is a narrow lane leading practically nowhere? — Well, I can’t say that, I did not go far.
Sir W. Anson: What we want to know is whether this full licence is wanted, not that money has been laid out.

Mr. Fisher: The houses round about there are of the cottage class, are they not? — Most of them.

Are the cottages close by new or old? — They are not new.

Have they existed in their present state for many years? — Yes.

And except for the alteration which you are making in these premises, as an architect, can you say whether any alteration has taken place in the hamlet or parish for ten or twenty years? — I should think not.

Mr. Stew, clerk to Mr. Mallam, in reply to that gentleman, said he saw every one of the signatures appended to the memorial in favour of granting the licence.

Sir W. Anson: Who drew up the memorial? — I did, Sir.

And took it round? — Yes, Sir.

Mr. Fisher: Mr. Jas. Hedges, of the Manor House, is in a position to keep his own spirits, beer, cigars, and so on, isn’t he? — I should think so; Mr. Hedges would have been here had he not been away on a holiday.

Mr. Eley is also in a position to keep spirits, beer, etc., in the house, is he not? — Yes.

And Mr. Mattock? — I don’t know.

Did he ask you to have any? — No, he did not.

In reply to Sir W. Anson, the witness said that all who signed the memorial expressed the opinion that the licence was necessary, and Mr. Mattock even said he had been applied to for spirits in cases of sickness.

Henry C. Pettifer, plasterer, who had lived at Barton for eight years, said in his opinion a full-licence would be of service to the whole of Barton.

Mr. Fisher: On what ground? — In case of illness; I have known of several cases, and have experienced it myself. I have had to go the “Black Boy” for spirits, a quarter of an hour’s walk.

Barton is not a very large village, is it, just one narrow street, with cottages as close as they be packed, isn’t that so? — Yes.

Have you ever experienced any crying need for this licence until after Mr. Stew called on you? — Yes, before he called.

Did you go and see Messrs. Hall about it? — No.

Did you go to see Messrs. Morrell about the other house? — No.

Whenever you wanted whisky, you went to the “Black Boy”? — Yes.

Have you had any illness in your family? — Yes.

What do you do when you have a case of illness, go to the nearest whiskey shop, or for a doctor? — I go for the doctor, and if he recommends spirits I have to go to the “Black Boy.” The doctor lives twenty minutes’ walk from my house, and I have to pass the “Black Boy” to get to his house.

Do you know of any people who, when there is illness, fly to the whisky bottle before going to the doctor? — No.

As a sensible man, when a case of illness arises in your house, you would go to the doctor, and not for the whisky bottle? — Yes.

Sir W. Anson: Do I understand, that the real need for this full licence is that in case of illness people may be glad to procure brandy or whisky at the house? — Yes.

Mr. Fisher: But you would not administer it without going to the doctor? — No.

And to get his advice you have to pass the “Black Boy”? — Yes, and sometime he is out; when he has told me to get some brandy I have had to go to the “Black Boy.”

Isn’t that rather a reason for having a chemist’s shop in the parish, rather than a public-house? — Or have a doctor next door, Sir.

Alfred Cooper, labourer, Barton, said he signed the memorial; in his opinion a full licence was required as it would be very handy in case of illness. He thought it was nothing but right that there should be one. He had to go to Headington if he wanted spirits, either to the “Black Boy” or the “White Hart.”

Mr. Fisher: You agree with a full licence in every parish? — Yes, in a small village, and in a large village there ought to be more.

You regulate the number of full licences by the size of the village? — Yes.

What would be the size of the village that in your opinion would require two licences? — Two or three hundred.

And so on, I suppose? — Yes.

A full licence for every hundred persons? — I should think so.

How long have you lived at Barton? — Nine years, next to this very public.

You are quite friendly with the tenant, I suppose? — No, Sir.

You generally go there for your beer? — No, I go to the “Fox,” as a rule.

Would you not rather that the “Fox” should have a full licence? — Well, they have not applied for it.

Why did you not mention or complain to Messrs Hall that this was wanted, during all these nine years? — Messrs. Hall have not had the house nine years; Mr Weaving hat it some part of the time. Directly Messrs Hall got the house they began to pull it down to put up another.

You manage to get all the whisky you want? — That is very little, I have not had any for years.

Then for your personal consumption you have found no difficulty in getting what you require? — No.

Have you been ill yourself? — I was laid up last year about this time.

And did you send to the “Black Boy” for whisky? — No, I did not require it.

You don’t consider whisky or brandy necessary in all cases of illness? — Not in all cases.

Mr. Fisher asked if the Bench wished him to address them on the question as to the necessity of this licence, or any genuine demand for it in this neighbourhood.

Sir W. Anson: I think we have heard all we want to hear, and can form our opinion.

The magistrates then retired, and on their return in a few minutes, Sir W. Anson said that the Bench had given full consideration to the case, and they could not find that the necessity for a fully-licensed house in the parish had been proved. The only ground on which the application could be fairly considered would be that a full licence might enable Messrs. Hall to obtain a better tenant for, and provide for the better conduct of the house. A house newly-built should start well, and they did not at present propose to grant a full licence, but would see how the people got on as they were.