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- DENBIGHSHIRE LICENSING COMPENSATION…

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DENBIGHSHIRE LICENSING COMPENSATION AUTHORITY. ADJOURNED MEETING AT COLWYN BAY. LLANRWST AND DENBIGH CASES. The adjourned meeting of the Denbighshire Licensing Compensation Authority was held at Colwyn Bay, yesterday. Mr Jelf Petit presided, and the other justices present were Colonel Cornwallis West, Dr. T. E. Jones (Llanrwst), Mr Dd. Gamble, Mr J. E. Oldfield, Mr J. Duncan, Miller, Mr J. Harrison Jones, Dr. E. D. Evans, Captain Cole, Mr G. H. Denton, with the Clerk (Mr W. R. Evans). DENBIGH CASE SETTLED. The first case mentioned was that of the Leo- pold Inn, High-street, Denbigh. Mr ANEURIN O. EVANS, who appeared for the tenant and the owners, said the amount agreed upon for compensation was £ 1049 6s 8d. Messrs Marston and Thompson, the owners, and Mr Richard Brooker, the tenant, were the only parties interested. He handed in the claim made on behalf of both for the amount mentioned, as prepared by Mr Geo. Perkins, auctioneer and valuer, of Abergele, from materials supplied by the tenant and brewers. As some of the justices were probably aware, the house was situated on the main road, and on the junction of two po- pular thoroughfares, and was a valuable property to the licencee and the owners. It afforded ample accommodation, and had a good class trade, there being p good yard in addition. Mr GEO. PERKINS said he had visited the house and surveyed the property, and the amount which he gave as fair compensation in the case had been based on a very moderate basis. The tenant had been in the house about twelve months only. In reply to Mr Harrison Jones, Witness said the house was favourably situated for adaptation as a business house of another character. Mr G. A. TAVERNER (for Messrs Marston and Thompson) said the company had spent E300 on repairing and improving the premises during the last four years. He vouched for the correct- ness of every detail of the information supplied to Mr Perkinf for valuation purposes. Replying to the Chairman, Witness said the house was rated at £ 38 10s. After the justices had considered their deci- sion in private, The CHAIRMAN intimated that the Bench were prepared to approve a sum of L600 as com- pensation. Mr A. O. EVANS said he was sorry to say his clients could not accept that, and urged their worships to increase the amount by £ 150. The CHAIRMAN: We have considered the figures fully, and I am afraid we cannot do that. Mr EVANS remarked that his clients were very anxious to come to terms, because they pre- ferred making a settlement in that court to any- where else. The CLERK (Mr W. R. Evans): They can have a week to consider the matter. However, after a brief consultation with his clients, Mr EVANS announced that he had been instructed to agree to the decision cf the Bench. In reply to the Chairman, Mr EVANS said the amount would be divided in the proportion of one-fifteenth ( £ 40), and fourteen-fifteenths ( £ 560), between tenant ard owners respectively. LLANRWST HOTEL CASE UNSETTLED. The next case related to the Glan Conway Hotel, Bridge-street, Llanrwst, owned by Messrs Ind, Cooe and Co.. and tenanted by Mr Thomas Chambers. Mr TREVOR LLOYD (instructed jointly by Messrs Chamberlain and Johnson, solicitors to the owners, and Mr A. Lloyd Griffith, solicitor to the tenant) stated that the amount agreed upon was JE1612 Is 8d, and he would be prepared to substantiate all his figures inasmuch as they had been taken upon the actual profits made while the amount had been made up on Mr Jus- tice Kennedy's basis. Mr GEO. PERKINS (acting for Messrs Black- wall, Hayes and Co., Llanrwst) gave evidence touching upon the valuation of the property. Mr J. M. PORTER (Messrs J. M. Porter and Eleock, valuers, estate agents, etc., Colwyn Bay), who had prepared a statement of the value of the property, at the instruction of the Bench, was examined by Mr Trevor Lloyd as to the method by which he had arrived at his valuation, and in reply to one question he said he had had some difficulty in arriving at his decision, because he had not been supplied with the necessary figures relating to some of the trade done. The CHAIRMAN stated the Bench could not approve of the amount mentioned by Mr Lloyd. Mr LLOYD: May I ask how far you will go, air ? The CHAIRMAN: JE850 is the sum the com- mittee feel they can approve. Mr LLOYD: May we have a week to consider the matter? The CHAIRMAN: Certainly. Replying to the Bench, Mr LLOYD said it had been agreed to give the tenant £100 in the event of the justices agreeing to the compensa- tion suggested by his clients. COACH AND HORSES, LLANRWST. Mr J. E. Humphreys, Llanrwst, appeared for Messrs Soamcs and Co., Wrexham, the owners, Mr David Jones, the tenant, and the Rev. J. Titlev Williams, the ground tenant, ot the Coach and Horses, Llanrwst. He said the amount agreed upon was £147;) 17s lid. Evidence was again given by Mr GEORGE PERKINS, who had valued the property for the brewers and the tenant on behalf of Messrs Blackwall. Haves and Co. The LICENCEE said he had been in charge of the house for two years. His average sale of beer per week was a barrel and a quarter, as compared with one barrel per week when he took the house over. The takings averaged be- tween JE8 and JB9 per week, By the Clerk His rent was J320 per annum, but it would have been higher were it not for a certain arrangement entered into concerning the fixtures. R. WHITEHALL, agent to the brewers, in- formed the Court that the rent paid by the pre- vious tenant was £ 25 per annum. There were fifty years of the ground lease yet to run, the ground rent being £3 10s. Eventually the Bench intimated that they were Unable to approve the amount of the claim. Mil J. E. HUMPHREYS: May I ask what amount you are prepared to consider ? The CtlAIRMAN £ 500 we thought. Mr HUMPHREYS: I should like time to consider that, sir. The CHAIRMAN: Oh, ves. Mr HUMPHREYS: What of the ground tenant, sir ? The CHAIRMAN: The Clerk tells us that that does not concern us. Mr HUMPHREYS The section says it does. The CLERK Have you fixed the proportion as between landlord, tenant, and Mr Titley Wil- liams, the ground tenant ? Mr HUMPHREYS: No. It is only fair for me to say, although I am appearing for all parties, that the brewers object entirely to Mr Titley Williams' claim. I am bcund to say that because I am appearing for them also. Tho CHAIRMAN: It is an awkward position for you. Mr HUMPHREYS: It Is, sir. Mr Williams is not at all anxious either way; he is willing to leave it entirely to you. The CLERK: The committee will sit at Wrexham again a week to-morrow, so that you cculd let the Bench know your decision then. At a. later stage the Clerk intim.ated that in regard to this case the parties had agreed to accent the £ 500 offered by the committee. Tihifi would be divided as follows: Ow.ners E470, and tenant ;630 Nothing was to go to the Rev Titlev Williams, and the agreement was signed on his bohalf by Mr Humphreys. CHALONERS VAULTS, DENBIGH. In the case of the Chaloner Vaults, Denbigh, Mr A. O. Evans, Denbigh, appeared for both licencee and tenant. In presenting the claim, Mr EVANS said the parties interested were Messrs Allsopp and Sons, Ltd., brewers, and Mr A. L. Chaloner lioencee. The sum claimed was £ 1871 17s W: The property was situated in High-street, in the centre of tili market, and would not be adapt- able fcr any other class of business or private house. The claim might appear somewhat ex- cessive on the face of it, but taking into con- sideration the trade done, etc., it was not so. Mr GEO. PERKINS, valuer, said he had examined the premises, which would only be adapted for a passage. It was a peculiar house, and he had never had a property to deal with like it. Taken generally, he considered the sum claimed reasonable. The CLERK: What do ycu think should be the rent of the house if it were a free house and fully licensed?—In that position I have no hesitation in saying I o&uld get over C40 as a free house. Colonel SAVAGE, representing Messrs Allsopp, said the firm had bought the house owing to the good trade done, and it had made a satisfactory return since, especially in the out-door trade. The Bench retired, and on returning the CHAIRMAN said: The justices cannot agree to the amount claimed. Mr EVANS: What do you agree tor-The amount we approve is £ 512t Mr EVANS: I am sorry we meet have time to consider that; we cannot entertain it. The CHAIRMAN: The committee wish me to say they find themselves in great difficulty owing to accounts and agreements not being produced before them. I have had to say the same thing at least three or four times. Mr EVANS: We are not asked to produce them. The CHAIRMAN: We have said time after time where accounts or agreements are intro- duced as evidence they should be produced. The Clerk: Have you any agreement as to division? Mr EVANS: I will put it in at Wrexham, FARMERS' INN, DENBIGH. Mr A. O. Evans (instructed by the Town Clerk: of Denbigh, Mr J. Parry Jones) appeared on behalf of the Corporation; and Mr Moselev, soli- citor, Denbigh, for the tenant, Mr P. E. Storey, brewer, Denbigh, and Mr James Harris, licen- cee. Mr EVANS said the amount claimed was £ 1293 Is 8d. The position of the house was one of the best in Denbigh. It had a large yard and was practically a corner house, situated adjoining and abutting upon the main entrance to the Market Hall. It was one of the best known houses in the Vale of Clwyd, and was exceeding- ly well adapted for the purpose used, but if re- quired for anything else it would necessitate a large outlay. Mr PERKINS said that for any other pur- pose the house would have to be rebuilt. The CLERK: Why do you bring in wines and spirits and mineral waters into the valuation? Mr PERKINS: I have in every case. I always do; it's a part of their trade. The CLERK: They are not entitled to unless it is tied. What I want to point out is this: in Justice Kennedy's judgment, he only takes the value of the beer, nothing else, except in one case where they were tied for spirits. Mr EVANS said Mr Storey was tenant, and Mr Harris sub-tenant. The CHAIRMAN: Is he sub-tenant or does he receive wages ?-There is an understanding. The CHAIRMAN: Is there an agreement? Mr MOSELEY: There is no agreement be- tween the two. Mr MOSELEY added that Mr Storey was ten- ant for the owners. He sub-let to the licencee on the understanding that every article in the beer line was purchased from him so long as the article supplied was good. The CHAIRMAN: Does Mr Harris pay Mr Storey rent or does Mr Storey pay Mr Harris wages? Mr MOSELEY: In the first place, Mr Storey pays rent to the owners, and then sub-lets to Mr Harris as the licencee. The CHAIRMAN At what rental? Mr STOREY was here called, ami said: "I pay re.ntal to the Corporation of J625. I sublet this house to Mr Harris at a iental of £ &> Continuing, Mr STOREY said it was not a tied h."z. He had never "tied" a tenant in his life: he would be ashamed to do it. The CHAIRMAN: Is he t'ied to anything to you?—Nothing at all. There is a friendly un- "C derstanding- that he does his best for me. Mr LUMLEY: Dou you know that the Cor- poration Mr EVANS: I don't know whether Mr Lum- ley was here at the commencement of the case. The CHAIRMAN: I think he heard the evi- dent Mr LUMLEY: I heard Mr Storey's evidence. It's quite rigfht if I am non-suited (laughter). The CHAIRMAN: Mr Lumley asked if he should put the question. I thought he had heard the evidence. Re-called. Mr PERKINS said he understood that the nlacfe was tied. The CHAIRMAN: You put the rental at £ 35, a.nd Mr Storey £ 25. How do you make that out?—I put in my own estimate of the value. The CLERK: What would be your estimate of .rent as a free house?—-If entirely free it would be verv valuabl,&worth J645. The CHAIRMAN eventually said: "We do not approve of the application." Mr EVANS: May I ask the court to let us know the sum they Buggci t we ought to accept? The CHAIRMAN: E500. Mr EVANS: We will take a week to consider it. We have come to an understanding as to division, and will place it before you at Wrex- ham. CROSS KEYS. HENLLAN. Mr A. O. Evans appeared for the owner (Mr Joseph R. Evans, Colwyn Bay) and the licensee (Miss Mary Roberts). Mr Moseley appeared for Mr Storey (the lessee). Mr EVANS said the amount clalme was £ 640. Private property in Henllan did run to much, there being plenty to be had at E3 lOa a year. The house was situated at the cross roads, and was pansed by a large number of people. Thev also had a good tenant in. Mr R. R. ROBERTS, auctioneer, etc., Cor- wen, gave evidence of valuation, and said that was an absolute free house. Replying to Mr Lumley, he said he estimated that if put up for auction the house would fetch on 35 to 38 years' purchase J612 per year, or a sum of £ 420, as a licensed house. As a non- licensed house it was worth L5 a year on 20 years' purohase, or a total of JC200. Evidence was also given by Miss Roberts, the licencee, and Mr Storey, tenant. The CHAIRMAN said the Bench did not ap- prove of the figure quoted, and replying to Mr Evans he said they were prepared to approve an offer of £ 300. Mr EVANS, after a short consultation, inti- mated that they would accept the sum, divided as follows: one-tenth ( £ 30) for the licencee, one- fifteenth ( £ 20) to Mr P. E. Storey, tenant, and the remainder (£250) to the owner. BUTCHERS' ARMS, DENBIGH. Mr A. 0. EVANS appeared for Mr P. E. Storey, the owner, and Mr Ed. James Edgar, licencee of the Butchers' Arms, Denbigh. He caid they claimed L1560, which, on the face of it, might appear excessive, but they held that the house was more valuable than any other in Denbigh. The house was different to any re- ferred to there that day. It was the last of the "private" houses in Denbigh-private for the purpose of access—and was the only one situated in a side street. It had also been decided to widen the road, and for that purpose preparations were made to purchase adjacent property. Mr ROBERTS proved the valuation. His figures included an amount dealing with pro- spective profits, but this the Chairman said the Bench were not prepared to admit, as it was evi- dence of subsequent increased trade. Mr STOREY, the owner, gave evidence show- ing that the house was well adapted for the trade, and said he bought it about two years ago. He paid annually about £ 80 to the compensation fund. The sales amounted to three barrels a week since the advent of the new tenant. Replying to Mr Lumley, he said it was im- possible to give the figures of the beer supply for the last twelve months. He had purchased his beer as he went on, and there were no means to find out the amount of the trade. The CLERK: Have you any objection to say what you paid for it?—I would rather not. By Mr LUMLEY: The business in the house, up to the time of Edgar could not have been profitable. At that time he would sell a barrel a week. The committee signified that they could not agree to the amount suggested. They would agree to J6530. Mr EVANS: My client is not prepared to de- cide for the moment. We will let you know in a week.

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