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Prosecution of John James for no licence

Source: Cambrian News 25/4/1879 and 2/5/1879       Date: 1879
Copyright:       Type: Newspaper
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Transcript:
IMPORTANT INLAND REVENUE PROSECUTION. John Hughes, Inland Revenue officer, Aberystwyth, summoned John James, London and Provincial Stores, Terrace-road, for having sold wine, whiskey, and beer without a licence at his stores in Terrace- road.
Mr. A. J. Hughes, appeared for prosecutor, and Mr. Griffith Jones for defendant.
Mr. Hughes stated that this was a summons taken out at the instance of the Inland Revenue Authorities against Mr. John James, who carried on an extensive business at the Market Hall, in Terrace-road, and the spirit vaults. The charges against him were brought under three Acts of Parliament, the first being for selling a reputed quart of whiskey without having an excise licence, an offence under 6 Geo. c. 81, sec. 2, the penalty of which was £50, for selling a reputed quart of sherry, an offence under 23 Vic., c. 27, sec. 19, penalty £20, and the third for selling two pints of beer without a licence, an offence under the William IV., c. 64, penalty £20. The penalties in the three cases amounted to E90.
About the year 1867 Mr. John James acquired the corner premises opposite Mr. John Watkins's stores, and he there erected what was subsequently known as the Railway Tea Warehouse, and wine and spirit stores. He obtained a licence for the wine and spirit stores and some time afterwards a market company was originated by, he thought, Mr. John James, and they erected the market hall now existing in Terrace-road. That was some time after the licence was granted. He believed that at one time negotiations were made for the purpose of building a church or chapel - he did not know which - on the site. Before 1877 the London and Provincial Banking Company removed their bank to the Railway Tea Warehouse, and Mr. James had to look out for another place in which to carry on business. In some way or other - he (Mr. Hughes) did not know how - Mr. James took the market hall. He thought that Mr. James had the principal interest in the market company. Mr. James took the market hall, and had put up a partition between the greengrocers' stalls and the shop. He carried on the business of a wine merchant in the market hall. The post office was removed in 1877 to Terrace-road and is situated between the vaults and the market hall, thus cutting off the market hall from the vaults.
A ground plan of the hall was produced, and Mr. James said that a space had been reserved at the back of the Post Office for the sake of communication. Mr. Pocock said he had made the plan merely to show the communication between the public house and the market hall, a point which he believed Mr. James would like to establish.
Mr. James admitted that a portion of the land on which the stores stood at one time belonged to Mr. Elias Davies. Mr. Griffith Jones produced entries made by Mr. John James to the effect that the licences which he held included the whole of the premises.
Mr. James Evans, builder, said he knew the Bank vaults and stores since they were built. Where the bank now stands there used to be a grocer's shop, and before the stores were built the ground on which it stands was a garden attached to the house. He was employed by Mr. James to cover in the stores, and in covering in the ground he kept up internal communication between the different portions of the premises. There is now an internal communication between the bank and the vaults, and between the vaults and the stores. The length from the Post-office door to the opposite wall was 37 feet 10 inches. Since the garden had been covered in, wine and beer had been kept in the stores. Casks used to be kept there, and they were in the habit of bottling beer there.
The market hall was erected about two years after the bank block of buildings was erected.
William Davies, in Mr. James's employ since 1866, said the garden was attached to the corner shop. He had served in Mr. James's spirit stores. There was communication from the stores to North-parade. There was a small warehouse in the garden before the place was covered in. Flour was stored therein. Beer was stored in the stores, and he daily sold beer there. He also supplied it out from the back entrance of the wine vaults.
Mr. H. Humphreys, postmaster, produced a lease of the Post-office premises, showing that he was allowed 30 feet 4 inches. A space had been reserved for a passage, but he had asked Mr. James not to close it in, in order that he (Mr. Humphreys) might utilize the space. There was now a communication.
Mr. Griffith Jones said that when Mr. James bought the place there was a corner shop with ground attached, which all belonged to the house except a small piece belonging to Mr. Elias Davies. In 1868 a certificate was obtained from the magistrates, which empowered Mr. James to sell at the spirit stores, and in the premises thereunto belonging. In 1868 the whole of the ground upon which the vaults and the stores now stand was attached to the house. It was then a garden, and is now the same land covered in. The premises belonging to the place was the piece of garden now mentioned. In 1868 the licence was in the same words, "and premises there-unto belonging." Subsequently Mr. James built the present vaults. The other vaults were on land adjoining North Parade. The licence covered all the premises. Mr. James opened the vaults in Terrace-road together with those in North Parade. Since then he had covered in the garden, and up to the time of the issue of the summons had stored and sold wine, spirits, and beer therein. Those very premises now in question had been" entered" with the Supervisor, who had allowed the sale. He had permitted Mr. James to go to the expense of £300 or £400 in fitting up the place for the sale of liquor, and had allowed it up to the time of the issue of the summons.

CONTINUES....
THE IMPORTANT INLAND REVENUE PROSECUTION.
On Friday morning, April 25, the Aberystwyth Petty Sessional Bench met to give the decision in the case which had been heard on the previous Wednesday, between the Excise Authorities and Mr. John James, London and Provincial Stores. The question sought to be settled was whether the licence which Mr. James held empowered him to sell beer, spirits, and wine in his stores, as well as in the vaults. There were present on the Bench Thomas Jones, Esq., and J. W. Szlumper, Esq. John Davies, Esq., who sat on the Bench during the hearing of the case on Wednesday, was not present. Mr. J. W. Szlumper said With reference to this case of the Excise against Mr. John James, I may say that it is a very important case, the evidence of which is worthy of very careful and full consideration. I am requested, on the part of my brother magistrates, to give their opinion on the matter. Although it is an unusual thing for magistrates to give reasons for arriving at their opinion, we have thought it advisable in this case to do so, because the parties interested, if we are wrong in our opinion, can then easily take the case to another court. I may express the great satisfaction we all feel in having had on the Bench during the hearing of the case the two oldest magistrates in the town- Mr. John Davies and Mr. Thomas Jones two magistrates who have had more experience than any other members of the Bench. They are, also, the two magistrates who signed the original licence granted to Mr. James in 1868. It is likewise a source of satisfaction to know that our decision is unanimous. The point that we first of all had to consider was, whether the ground now occupied by the London and Provincial Stores was or was not in the year 1868, being the time of the grant of the original licence, a part of the premises belonging to the corner house. We have heard the evidence upon it. In addition to that, I have heard from my two brother magistrates, who have known the premises much longer than I have, what they know about them. One of my brother magistrates said that as long as he could remember, as long as, and at the time when Mr. David Jones, Bank, occupied the corner house, that to his knowledge, the garden of that house, which was also occupied by Mr. David Jones, extended to the present houses in Terrace-road, and that the piece of ground since acquired from Mr. Elias Davies, was not then in the occupation of Mr. David Jones. In fact, we have all come to the conclusion that the piece of ground bought of Elias Davies is a late acquirement. So, the opinion of Mr. Thomas Jones and Mr. John Davies is that the entire ground now covered and known as the London and Provincial Stores, was for some time previous, and at the time of the granting of the original licence in 1868, a part and parcel of the premises described in the licence as "premises there- unto belonging." We have further considered the hearing of the small piece of whatever size it may be, of land that has been added or acquired from Elias Davies. We have very great doubts upon that; but on carefully considering the cases read to us, and particularly the case of the Queen against Raffles, also taking into account the reasonableness of the enlargement, Mr. Thomas Jones and Mr. John Davies and I have come to the conclusion that the case of the Queen against Raffles rules that, and that it is such a reasonable addition to existing premises as the Court of Queen's Bench ruled to be right and proper. It appears to us that these are the only two points in the case, and upon our finding on these two cases the result of this prosecution must depend. In order that there may be no mistake we have reduced this opinion into writing, which each magistrate has signed. I will now read the written decision :"We have carefully considered the evidence in this case, and are of opinion that the ground now occupied and known as the London and Provincial Stores (with the exception of a small piece since acquired from Elias Davies) was, at the time of the granting of the licence to John James, on the 26th August, 1868, a portion of the premises described in such licence, as ‘premises thereunto belonging.' We are further of the opinion that the piece of land since acquired from Elias Davies is covered by the licence held by John James. We so decide in accordance with the ruling of the Court of Queen s Bench in the case of "Regina v Raffles” Signed Thomas Jones, John Davies, J. W. Szlumper. Mr. A. J. Hughes gave notice of appeal.
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London and Provincial Stores , 32 and 34 Terrace Road , Aberystwyth