The
January 8, 1915 issue of the Powlett
Express reported on the hearing at the Wonthaggi Licensing Court held on December 18, 1914. There were
applications for ‘certificates authorising the issue of victualler’s licences’ at
various towns, including Koo Wee Rup. The applicants for Koo Wee Rup were - Edmund J. Hayes, Denis McNamara, Alf E. Edney, Lyman Wildes, William Clews, Sarah Ann Kraft. The Presiding Magistrates at the hearing were Messrs P. Cohen, Bevan, and Gray.
Opening remarks
There were six applications for conditional certificates authorising the issue of victuallers' licences in Koo Wee Rup. Three of the sites were in Station street and three in Rossiter's-road. All of the applicants agreed that only one licence was required. Mr. E. Brayshay appeared for Edmund J. Hayes, whose site was in Rossiter's-road. Mr. Shelton (for the Licensing Inspector) in this and the following applications, formally objected that the licence was not required. Mr. J. Meagher: Mr. Shelton means that six licences are not required. Mr. Brayshay: We can agree with Mr. Shelton there.
In opening his case, Mr. Brayshay said he concurred with Mr. Shelton's remarks regarding discretion of the Bench as to number of licenses that should be granted at this sitting of the court. He submitted that in coming to a decision the Bench should consider (1) The site or position of the proposed house, from the point of view of convenience of the residing and travelling public, and particularly the travelling public. In a railway town, proximity to the railway station was important. (2) The personnel of the applicant and fitness to conduct the hotel; and (3) That the applicant has the means and ability. An applicant was not entitled to speculate. Wonthaggi, as they knew, had been handicapped by want of accommodation, and people had been put to great straits to obtain it; the same in a lesser degree applied to Koo-Wee-Rup. It was a large fertile plain, and there were about 500 people within a 4 or 4½ mile radius, and about 200 residents in the town. [Read original on Trove,
here]
Edmund Hayes
He would put in a plan of the locality, and plan of buildings, containing 30 rooms, which it was proposed to erect at a cost of £3750, within 9 or 10 months. The applicant had 14 years' experience in different parts of the State, and had never been summoned for a breach of the Licensing Act. Colin Campbell, clerk of courts, and Licensing-Inspector Costelloe, admitted on oath having received the various notices, and evidence was given by L. J. Flannigan, architect, E. J. Hayes, .applicant, who kept hotels at Drouin, Nhill, and Watchem. A financial statement was submitted to the Bench. The area of the site was 3 roods 5 perches. Constable Ryan, in charge of the Drouin police station, and Cr. C. N.
Byrrell, Poowong East, gave applicant an excellent character.
Albert Woodman, Koo-Wee-Rup, said there was a demand for accommodation. The traffic came along Rossiter-road from lona, Modella, Yannathan to Langwarrin. The area of the swamp was 90,000 acres; dairying and agriculture was the chief business. There was room for one hotel. Arthur Wm. Stevens, storekeeper, said the site was a good one, and would suit the public convenience. Constable Cole, Lang Lang, said the nearest hotels were Lang Lang and Pakenham, nine miles, and Tooradin, about six miles away. [Read original on Trove,
here]
Denis McNamara
Mr. J. S. Meagher appeared for the applicant, and observed that he could show that many things that Mr. Brayshay claimed for his client, and much more in addition, appertained to his client, who was a pioneer of the district, and supplied the navvies and settlers with provisions, wading at times through icy water to do so. Settlement could not be achieved without the co-operation of a man like that. He had conducted a hotel at Carlton, and had taken an active part in procuring the petition for the local option poll. The site was in Station-street, at the corner of a street, and opposite the railway goods sheds. All business interest centred in Station-street. In view of his work as a pioneer and representative man, this applicant was entitled to a hotel.
Theo. Lyall, farmer, Koo-Wee-Rup, said the bulk of the traffic came along Station-street. McNamara's site was higher than the the Rossiter-road site, and one hotel was needed, as the place was growing. Jas. Mornane, station master, Koo-Wee Rup gave evidence of traffic transactions, which increased 50 per cent, in two years. A survey of a new line to Yannathan and Poowong had been made. It might interfere with gate near Rossiter-road. M. D. Dalley said McNamara's site was the most central. It would be a public benefit. Though the passenger platform was on the other side, people would take a risk and cross the rails. Mr. Cohen, P.M.: After leaving an hotel.
Other evidence in support of the application was given by C. J. Moody, who said Hayes' site was no place for a hotel ; the swamp was under water four years ago, but McNamara's was high and dry. The Government had promised drainage works, but they were not yet carried out. W. C. Moody, T. J. Burhop, H. C. Hamilton, Alex. Moorey, ex-sergeant of police; D. Pollock, H. Beattie, and A. B. Backhouse (a Rechabite), Clarke, and D. J. Bourke, J.P. (Pakenham), also gave evidence. It was stated that 75 per cent. of the traffic came along Station-street. A. Fritsch, architect, said the building would cost £4000.
D. McNamara, applicant, said he was in Koo-Wee-Rup in 1893, store-keeping for six years. He had conducted a hotel at Carlton, and was now storekeeping at Koo-Wee-Rup. He got up two petitions for local option polls. He had no encumbrance on his property. (Title produced.) Mr. Meagher: Yours in the best site? Witness: I suppose that is a silly question to ask. (Laughter.) Mr. Meagher: Not at all. You have other land?—Yes, in Rossiter-road, which I bought four years ago. I bought the additional block in Station-street 12 months ago. The Station-street site was the best, and I have means to erect it.
To Mr. Shelton: He had held a wine and spirit license. Mr. Shelton: Is that your only experience of selling liquor?—I was bar-man for two years. Were you ever convicted? Mr. Meagher objected to the question. Provision was made in the Licensing Act that no conviction over three years could be used in evidence. Mr. Cohen, P.M., directed to Section 91 of the Act, regarding testimonials. They had the inspector's report. Witness stated that he was convicted for selling a less quantity than his license entitled him to sell. He was fined £30. Plain-clothes Constable Campbell said applicant had conducted the Albion Hotel, Carlton, satisfactorily. Mr. Shelton drew attention to the fact that the notices were not proved, and the necessary evidence was given by Colin Campbell, clerk of courts, and L. C. Meagher, solicitor for the applicant. Mr. Meagher asked that the Bench should not consider the conviction when coming to the decision. [Read original on Trove,
here]
Pumping the water out of the hotel cellar with a Fordson tractor, 1934. In spite of the evidence presented at the Licensing Court, the Royal Hotel site was obviously not immune to flooding.
Koo-Wee-Rup Swamp Historical Society photograph
Alf E. Edney
Mr. Sutherland appeared for applicant, whose site was in Station-street, near Rossiter-road. A.W.Stevens said that there was no excessive water lodgment in Rossiter-road, along which 75 per cent, of the traffic came. The site was dry. Mr. P.Cohen, P.M.: The Bench have evidence that 75 per cent, comes the other way: 150 per cent, altogether! A. Woodman gave evidence, and the formal notices were proven. Alf. E. Edney, retired storekeeper, Leongatha, said he was purchasing the land. He proposed to erect a house of 34 rooms, at a cost of between £2000 and £3000, with ample sanitary and
other accommodation, air gas, etc. To Mr. Shelton: Vickery had a hotel at Longwarry, and suggested to witness to apply. No one except witness had a beneficial interest in the hotel. [Read original on Trove,
here]
Lyman Wildes
Mr. Barham (instructed by Messrs. Boothby and Booth by, Loch and Melbourne) appeared for applicant. The site was in Rossiter-road, south-east of the railway line. Counsel stated that hotels were more particularly for the convenience of travellers, as, for instance, the inns of older times. His client had option to purchase at £2 per foot, and the cost of the building would be £3700. C. G. Kempson, architect, said the hotel would contain 24 rooms, and take nine or ten months to erect. Mr. Cohen, P.M., pointed out that there was no provision made for a bathroom for females, in many of the plans. It was very necessary to have two bathrooms.
Cr. Hardy, Cranbourne Council, said applicant was well fitted to conduct the hotel. His hotel at Lang Lang was well conducted. The council had improved the drainage at Koo-Wee-Rup. The Government had a big drainage scheme in hand. Cr. Angus Cameron, Yannathan, said the drainage was sufficient to meet ordinary requirements. Wildes' site was well suited for Koo-Wee-Rup. Applicant had an excellent character. Lyman Wildes, applicant, said he was licensee of the Lang Lang Hotel, and trade would be reduced by half if he got a license at Koo-Wee-Rup; he would get rid of the Lang Lang license if successful. His site was higher than McNamara's, and well drained and dry; he had means and ability to build.
H. C. Smith, managing clerk, Messrs. Boothby and Boothby, produced the documents regarding ownership of the land and serving of notices. Patrick William McGrath, farmer, Glen Forbes, formerly licensee of Poowong Hotel, said he had known applicant at Lang Lang. The hotel was well conducted. Wildes was a hard-working, popular man, and a suitable man to hold a license in Koo-Wee-Rup; the site was very suitable, high and dry. Mr. Shelton directed attention to the Licensing Act, and cases regarding a person holding a beneficial interest in more than one license. He did not think it was an absolute bar. Licensing-Inspector Costello said the applicant's hotel at Lang Lang was well conducted. Constable Cole, Lang Lang, gave the applicant and his house a good character; he would be a suitable man to hold a license; he verified the testimonials given to Mr. Wildes by Messrs. Blake and Le Roux. Mr. Barham said that no license would be issued until the conditional certificate became absolute. Nothing should be done to debar hotelkeepers and license holders applying for a new license. [Read original on Trove, here]
William Clews
Mr. P. H. Conant, solicitor, Wonthaggi, instructed by Messrs. Croft and Rohden, appeared for applicant, the site was in Rossiter road. McNamara's site was hidden by the goodsheds, and one had to travel three sides of a square to find it. It would take a Philadelphia lawyer to find it on a dark night when it was raining, and there were no lamps. The formal notices were proved. William Clews said he was connected with hotel business for 23 years; he had held licenses for 16 years, and owned hotels at Sale, Ballarat, Traralgon and Moe; he had had no prosecutions against him; he had an option over the site of half an acre in Rossiter's-road, near Mr. Hayes' site; he proposed to build the hotel according to plans and specifications produced, at an estimated cost of £3500. He had means of his own, and was capable of carrying out the work. His property in Sale had been delicensed, and he got £490 compensation. To Mr. Shelton: The contract of sale was the only title he had to the land, of which Mr. Meikle was the owner. He had paid 10/- to Mr. Meikle for the option. The hotels he had been in were successful, but they were not fit to live in; they were good financial houses. In some of them one got wet in the beds from rain coming in. It was absolutely true. The owners got notice to put them in order. It would not pay him to do them up; he was only the licensee. He could not buy the freehold. Mr. P. Cohen, P.M.: Could not get out of the rain. [Read original on Trove,
here]
Sarah Alice Kraft.Mr. Dunn appeared for the applicant, whose site was next to Mr. Edney's in Station-street. Koo-Wee-Rup was not a holiday resort; people went there on business, which was mostly transacted in Station-street. He submitted that it was not so much the building that should be considered, it might be a big imposing house where no one would feel at home, but they should take into consideration comfort and convenience, and the experience of the applicant to make people at home. His client had many testimonials from travellers, doctors, Government officers and others. Sarah Alice Kraft, married woman, said she had 30 years' experience of hotel life; owned and conducted the Bunyip Hotel 14 years; had experience and catered satisfactorily for conditions in the Swamp. No one else was interested in her application. She had purchased 66 feet, and had an option over 14 feet. The building would cost £2700, and be finished in eight or nine months. Inspector Costello said a great many testimonials had been investigated. [Read original on Trove, here]
Concluding remarks.
This concluded the cases. Mr. Shelton said that the attention of the court might be drawn to some aspects of the cases. Mr. Dunn had put the thing on a proper basis when he referred to the convenience of the public. Reference had been made to old inns previously. He submitted that having regard to travellers and future possibilities the court should consider the (l) site of the building; (2) class of building with regard to requirements of the locality; (3) personal character of the applicant and ability to conduct the business. [Read original on Trove,
here]
Who
was the winner? It was Denis McNamara. I can’t find any reports as to why he was selected over the other applicants, however he wasted no time. Tenders were invited for the construction of the Hotel in February. Mr A. Oliver won the tender for the contract price of £3,305. The finished building was a fine commodious building of nearly 30 rooms, according to the Lang Lang Guardian, and one of the finest edifices of the kind in
Gippsland. The rooms were fitted out by Mr McKee of the Royal Arcade in a most up-to-date and luxurious manner. It was officially opened on Thursday, September 9, 1915. You can read more about the Royal Hotel and Denis McNamara and family, here.
