Mexborough and Swinton Times, May 13th, 1932
Wath Athletic Club
Registration Suspended For Licencing Offences
Drinking Out Of Hours
Magisterial Criticism
The Wath Athletic Club was struck off the register for twelve months at Rotherham West riding Police Court on Monday on the ground that the club was not conducted in good faith as a club. Supt. T. Horton who made the application, said he did so on the following grounds: Firstly, that the club was not conducted in good faith as a club; secondly, that sales of liquor were permitted during non-permitted hours; thirdly, that persons who were non-members were habitually admitted to the club, merely for the purpose of obtaining intoxicating liquor; and that, fourthly, persons were habitually admitted to the premises within 48 hours of nomination as members of the club,
Mr. A. S. Furniss, of Rotherham, appearing for the club pleaded guilty to the second and fourth clauses and not guilty to the first and third.
Willie Lister (53|) miner, Clarence Street, West Melton, who was stated to be a barman, was summoned on 16 counts for supplying beer, stout and whisky during non-permitted hours and one charge of consuming beer,
Horace Hill (45) deputy of 8, Park Road, Wath, secretary of the club, was summoned on 16 counts for aiding and abetting in the consumption.
A Long List
The following 15 persons were summoned for consuming beer, stout or whisky: John Doherty (25), miner, 19 Brewery Terrace, Wath; Annie Crossley (43), widow, Ings Field Lane, Bolton-on-Dearne; Ernest Wigfield (19), miner, The Tan Yard, West Melton; Ronald Wathey (21), miner, Ings Field Lane, Bolton-on-Dearne, Frank Benner (28), miner, Sandygate Road, Wath; Agnes Porter (45), married, Marshall Grove, Wath; John W. Poole (46), rescue worker of Station House, Wath; James. T. Cope (34), miner, Park Road, Wath; Lawrence Hollings, (44), miner, Beech Road, Wath; Jane Clayton (51) Married, Barnsley Road, Wath; William Jaques (47), under-manager, “The Cedars,” Doncaster Road, Wath; Horace Hill, deputy Wath; Joyce Braddock (34), married, Cemetery Road, Wath; Hettie Steele (34), married, Wingfield Road, Wath; Wm. A. Williams (38), miner Wath Road, Bolton-on-Dearne; and Stanley Copley (21), miner, Ings Field Lane, Bolton-on-Dearne. With the exception of James T. Cope and Wm. Jaques, who were represented by Mr. A. H. Jackson all the defendants were represented by Mr. A. S. Furniss.
“Outside Orfinary Methods”
Supt. T. Horton said the premises were situated in a field at Wath – a sports field, in which there was a football ground, a cricket pitch, a bowling green, and tennis courts. The club was actually a pavilion, which served a dual purpose of a club and a pavilion for spectators. For some considerable time, reports had been received by the police as to what was taking place at the club, and it became necessary to go outside the ordinary methods of detection and send someone into the club. On March 17th, P.c, Crossley, stationed at Catcliffe went there between 7 and 8 p.m., when a whist drive and dance were taking place. He paid 1s. for admission and a penny for a whist card. Nobody asked him whether he was a member or not. Indiscriminate drinking was taking place up to 9 o’clock at the bar. It was rather remarkable that while all the licensed houses of the district were closed from 3 p.m. until 5-30 p.m., drink could be consumed in the club from 11 to 12, and from 2 to 9 p.m. While that might comply with the letter of the law it did not comply with the spirit. At the bar there were shutters which would pull down when the bar was closed. These were pulled down, but the constable would say he went to the bar at 10-50 p.m. and while the shutters were down saw in a little room less than 10ft. by 8ft. some 15 or 16 persons drinking in that room until 1 a.m. The police constable in fact, got in himself, and saw what was going on in the room, and it was going on when he left at 1 a.m. On that night the wife of the secretary Mrs. Hill, was keeping the door inside the little room to admit persons. There was quite a crowd clamouring for admittance, and they were told they would have to wait until someone came out. When three or four came out a similar number was admitted. This went on until 1a.m. Apparently, those in authority knew who were members and who were non-members, because the non-members had to pay more for their drinks. In fact, the police officer had to pay 4 ½d for his glass of bitter beer, which was not quite the custom in clubs. The man who was actually selling beer that night was a member of the bar committee. The regular caretaker who dispensed the beer did not dispense it after 9 p.m., but the bar committee man’s object was to get rid of the drink.
Easter Monday Incident
Mr. Hill was the chief official of the club, as secretary, and he was there that evening and saw all that took place. On one evening he had power to stop the drinking and if he had power to on one evening, he had power on the other occasions. On Easter Monday the constable again visited the premises and drinking went on among a large number of people until 9 p.m. A remarkable thing happened that night, for although several people approached Mr. Hill he refused to serve them drinks and to one man who protested strongly he said, “It’s such ____ as you who get it stopped.” The President had been appealed to shortly before, and had given strict injunctions to close the bar at 9 o’clock. This being holiday time, he (the Superintendent) suggested that they were rather sceptical as to who were among their visitors, On April 1st the constable paid a further visit and drinking went on to a large extent until midnight when the constable went out of the club and signalled to Inspector Holey, who was concealed with other officers outside, The uniformed officers found 16 men in the room with drink before them, On seeing the officers, some of the men poured their drinks down a drain. A visitors’ book, which the police took possession of, bore no entry since 1927, and the prosecution suggested that half of the persons in the room were visitors.
Apparently, the book had been dispensed with and a system of issuing membership cards, bearing the words, “For one day only,” had been instituted. That certainly did not comply with the law.
On St. Patrick’s Day
Pc. Crossley said that on St Patrick’s Day, March 17th, he visited Wath Athletic Club when a whist drive and dance were in progress. He had two glasses of bitter beer during the whist interval, for which he paid 4 ½d per class. The whist interval was from 9 p.m. to 9-15 p.m. and the drive finished at 10-15 p.m. At 10-50 p.m. he visited the bar, and although the bar windows were closed the bar door was open and four or five men were trying to get inside a little room. Witness looked inside the room and saw it full of men and women and that drinks were being consumed. He stood outside the bar and saw the door open every few minutes and people come out. Their places would be taken by others. He went into the room and saw 15 men and two women drinking. A woman was acting as doorkeeper and he recognised her as Mrs. Hill.
He obtained two more glasses of beer. Spirits were also being consumed. He left the room at 11-15 p.m. He stood about the bar and saw people continually leaving. He left at 1 a.m. and there were still people waiting outside the door for admittance to the little room. The secretary was there when he left. Standing on the floor one could not see what was taking place behind the bar. On Easter Monday witness again visited the club, and obtained two more glasses of beer, paying 4 ½d each for the glasses. Witness heard Hill ask several times if drinks could be obtained and he heard Hill say “No, not to-night.” Witness saw several men go into the room, taking chairs and tables, saying they were going to play whist. He left at 1 a.m. On April 1st, when he visited the club a third time, there was another whist drive taking place. He obtained a glass of bitter beer at 9 p.m. and another glass at 9-10p.m. At 11 p.m. he went to a man at the bar door and asked “Is there any chance of getting a drink?” and was told, “Yes, in a minute or two.” A few minutes from midnight he saw Hill go into the room, opening the door with a key, and heard him shout “Cut it off, straight away.” Witness went out of the club through a back door and gave a pre-arranged signal to Inspector Holey and officers who were concealed outside. When they entered the club, witness left.
The Raid
Inspector Holey said he found 16 persons in the room drinking. Some of them tried to get rid of their drink. Mr. Jacques had a small glass of whisky and he took it in his hand and poured the whisky underneath the pumps. Witness told him what he had seen him do. Witness took the names and addresses of the people there. Lister was acting as barman. There was a cash box open on the counter with both silver and copper in. Witness sent for Mr. Hill and told him he had a warrant and told him of the complaint. Mr. Hill said he had not been there, but he had ordered the bar to be closed at 9 p.m. Hill, when told he would be reported, said, “I know I am the secretary but I have always given instructions for the bar to be closed at 9 o’clock.” Witness told Mr. Lister he would report him and he said, “Have you seen me drinking?” Mrs. Clayton replied “Stout, I could just do with one.” There were 32 empty glasses in the room and four empty stout bottles.
P.c. Slaughter, P.c. Evanson, P.c. Studholm, P.c. Creasy, and P.c. Tulley also gave evidence.
The Defence
Mr. A. S. Furniss said there seemed to be some great mistake. Three persons who were summoned were life-long teetotallers, one was buying cigarettes, and another did not drink at all. Another point was that the magistrates were asked to say that 10 of the 16 persons were not members of the club. All would say they were. He submitted there was no case for the club to be struck off.
The club had 1 ½ acres of ground, which catered for all the athletics of the Wath district. The grounds were used not only by the district but by the county, and the police were also among those who had had their entertainments there. The assets of the club were about £15.000 or £16.000. Among the patrons of the club were doctors, magistrates and solicitors, who left it to the various committees to manage. These committees were responsible for the general conduct of each section. The drinking portion of the club business was only a negligible part, and the takings for the year were something under £700 for something like 800 members which worked out at about 6d. per member per week. The club was controlled by a set of rules for which the only word to describe them was “bad.” The rules were not complete and were inefficient.
Teams in the Yorkshire Cricket Council had been in the habit of sending their list of players, officials and spectators to the home club, and these visitors to the Wath club were accepted as members of the club for the purpose of that visit. That was wrong, obviously wrong, but it was done throughout Yorkshire. Then again, the club had a number of tickets issued by which persons were made members day by day. Here again, this was obviously wrong, but it had served its purpose as far as the club was concerned. The police evidence had been sketchy. On the first occasion the place was let off to the Catholic church in the district for a ball, which was attended by visitors and members of the club. There was a doorkeeper to see that none of the public went into the bar for the purpose of getting drink. So far as the barkeeper was concerned, it was sufficient for him if persons who asked for drink had passed the doorkeeper. A warning was issued from the general committee as to the conduct of the place, and steps were taken to tighten up the strings,
With regard to April 1st, Harriers’ section of the club was holding a whist drive and dance and the bar was open on the assumption that nobody but bona-fide members would be allowed in after 9 p.m. The drink taken after that hour had been put on one side by the harriers’ section for certain members of the committee who had been helping in the effort. The secretary of the section, Williams, was in the room, that being the only room available for the purpose of cashing up. These helpers, when they came to Williams, were given drinks. Women who had been helping with the refreshments were given stout. The cash box was open for Williams to get change from. It was not a case which warranted striking off the register a club with such a standing. On Sunday, at a specially convened meeting, a committee found that they were satisfied that irregularities had occurred and that the secretary, barman and bar committee should be asked to resign.
Secretary’s Evidence
Hill, in evidence. said he was appointed secretary in 1928. The balance sheet up to the end of March this year showed the total takings for twelve months as under £700. The membership of the club for the year ended March 31st, was 300. The system of penny tickets for visitors’ membership was adopted many years ago. He was not secretary when it started and he simply carried it on. The whole of the management was controlled by a committee. They had a doorkeeper whose duty it was not to let non-members go to the bar. The bar was controlled by a committee of eight members of the club. The general committee allowed 10s. to 12s. for refreshments for the helpers at socials, and it was the general practice to give those refreshments to the helpers. These refreshments were usually drunk at the intervals 8.45 p.m. to 9 p.m. and 11-30 p.m. to 12. He was ignorant of the fact that he was disobeying the law. If ever he saw any non-members getting a drink, he would order them out. On the first occasion the rooms were let to the Catholic Church. He received certain instructions from the president and in consequence they closed the bar as mentioned by the prosecution on Easter Monday. On April 1st the harriers’ section were having a social. It had been the practice to cash up and have so much out in refreshments and have those refreshments in the room. At 11-25 p.m. he was in the bar. There were twelve persons in, the majority paying ticket money. He would not have been surprised to see them having drinks, because they were helpers. He did not notice them drinking. The 16 persons summoned were all members of the club or committee. Members were admitted to the club under the rules that 16s. should be paid for full membership and 10s. for only one section. Such fees entitled the members to use the bar. About 75 per cent of the members used the bar. None of the drinks he saw had been sold. When the complaint was made by the police, the committee accepted his resignation and a new secretary was appointed as well as a bar committee. The premises were bequeathed to the club on trust.
Answering questions put to him by Mr. Jackson, witness said Mr. Jacques did not have a drink. Mr. Cope brought tickets to him.
Answering Supt. Horton, witness agreed that it was quite a long time that they occupied to check the money. Witness added that Williams was arguing about politics. The register which the police seized was only up to March 31st, 1931. The roll which was displayed in the club was the accurate record, and the names would have been copied from that the first week in April. Feirn, the caretaker, did not complain that he was working too many hours.
Members Only
William Arthur Williams, 46 Wath Road, Bolton-on-Dearne, next gave evidence. He said he was a member of the club and has been secretary of the harriers’ section for years. He was running the whist drive on April 1st. The beer and stout were kept on the bar. He went into the room about 11-25 p.m. to cash up and was there when the police entered. Over 20 persons came to him and he gave some a drink. He was in control of the drinks and the barman acted on his instructions. All those who had drinks were members of the harriers’ section. Copley, Wathey and Wigfield did not have drinks. They were members of the harriers’ club and did not drink. The whole of the beer and stout was not drunk There were 215 persons in the hall without the officials. Witness had a bottle of beer.
Ronald Wathey (21) said he was there checking up for the tickets he had had. He was there about ten minutes. He did not have a drink, and nobody paid for one while he was there.
Stanley Copley (21) said he was a member of the harriers’ club. He gave Williams 12s. for tickets. He was a teetotaller and had no drink whatever.
Edmund Wigfield, Frank Benner and John Doherty all gave evidence denying that they had a drink.
Lister told the magistrates that Williams gave him “the nod” when to serve drink to anyone.
Mr. A. H. Jackson, for Cope, submitted there was no evidence at all against him. The magistrates agreed and dismissed the case.
Conflict Of Evidence
With regard to Jaques, Mr. Jackson suggested that the inspector had made a bona-fide mistake, and that Jaques never had a glass of whisky. It was a small room which was absolutely full, so full, as one constable had said, that there was not sufficient room to sit down, and it was easy for the inspector to make a mistake. The inspector followed the sergeant into the room and the sergeant in his evidence never suggested that any whisky was poured out by Jaques. Several men would swear that Jaques had no drink. Mr. Williams would say he asked Jaques to have a drink and he refused. That was what happened and it was most unfortunate that Mr. Jaques should be concerned in the case. It was a serious matter for Mr. Jaques who was an undermanager at Manvers Main Colliery, and whose position was relatively as serious as that of the club. Mr. Jaques left his wife until the whist drive was over and went and sat in the room. Hill entered the room and asked Mr. Jaques to look after the cash box for him. Later, Mrs. Jaques came to the room and asked her husband if he was ready, and he told her not just then, but he would follow her. Just as Mr. Hill entered and Mr. Jaques cashed up the police entered the room. Some mistake had been made here, and one could appreciate how it happened.
Mrs. Jaques said she presented the prizes at the whist drive that night. Up to 10 p.m. when she went to the room, she was sure her husband had not been drinking
Jaques, on oath, denied that he poured a glass of whisky down the drain. He said he denied it to the police when they made the suggestion to him. He never had a drink at all.
Lawrence Hollings said on April 1st he remembered seeing Jaques and his wife enter the club, and later Jaques went to the bar room. Mr. Jaques did not have a drink. Witness had a bottle of stout given to him by Mr. Williams.
John Wm. Poole said he accounted for the tickets he had and an item in respect of the letting of the hall. He saw Mr Jaques and Mr. Jaques had no drink then. Witness had a bottle of beer, which was given to him by Mr. Williams. He paid nothing for the beer; it was given to him for helping.
Bench’s Comment
After a retirement for ten minutes the magistrates returned, and Mr. W. Dyson (presiding) said they had listened to the evidence with great attention, and it was quite evident that the management of the club in the past had left very much to be desired. They appreciated the fact that the club fulfilled functions other than that of a place where liquor was served. Such a case as that only strengthened their opinion that some alteration in the law relating to clubs was necessary, and they were of the opinion that they should be brought under the jurisdiction of the Bench, the same as other licensed premises.
On the ground that the club was not conducted in good faith, the club would be struck off the register for twelve months
Hettie Steele, Annie Crossley, Agnes Porter, Jane Clayton, Joyce Braddock, John W. Poole, Lawrence Hollings, and Wm. A. Williams were each fined £1. Lister was fined 10s on each of those eight summonses for supplying, and Hill was fined £1 on each summons (£8 in all) for aiding and abetting. The hearing occupied almost four hours and a half.