The Sun.
London, England, 1849-03-13 00:00:00

LETTING LISTS.

At the general licensing meeting the licences of
Messrs. John W. Colling, of the Crown, Old Cavendish-
street, and John Warrington, of the Hope and Anchor,
Hereford-street, were not granted, in consequence of it
having been reported by the police that they had exhi-
bited betting lists in their houses, but the further consi-
deration of the matter was postponed until the present
meeting.
To make the matter intelligible it is, perhaps, neces-
sary to state that last year a notice was issued, under
the direction of the magistrates of this division, and
served upon every publican in the district, and which
notice stated the intention of the Bench to put down all
racing sweeps, lotteries, and all kinds of gambling. This
notice was left with the above-named gentlemen on the
6th of November last, and a betting list was exhibited at
the Crown until the latter end of January, when the in-
, spector of police told Mr. Coiling it was wrong, and he
immediately tore:it down; and it was reported that at the
Hope and Anchor the lists had not been up since the
24th of February.
Mr. WIRE appeared for both parties and admitted the
facts. As the cases were very similar, the same obser-
vations would apply in both, but before proceeding he
would premise that the two gentlemen before the Bench
were as respectable men as any in the division. One of
them had been in his house for ten years, and the other
for upwards of five years, without the slightest complaint
until now. With regard to exhibiting "betting lists,"
he did not stand there to defend or excuse parties having
them, but on the part of his clients, he might say that
they were only offenders with many others, and each of
them had so large an interest in his house as not to wish
fur a moment to resist the Magistrates. They had
imi-
tated the example of their betters, who had their betting
lists, although not at public-houses, yet at public and
notorious places; and although he should condemn one
as much as the other, yet he trusted that they would in
these cases renew the licences. The Magistrates had
issued a notice that they would not allow sweeps, and
the publicans had immediately discontinued the prac-
tice; but a betting list was a thing that could not be
immediately closed, for many persons, strangers to the
landlord, would subscribe their names, and he had no
means immediately of returning the money. In both
these cases his clients had sought out the parties in-
terested and returned them their money. They had
acted erroneously, but they had been misled by a high
legal opinion, that what they had done was legal ; and
although it were true that their licences were absolutely
at the discretion of the magistrates, yet he would humbly
submit that, if these parties had been led into error on
the authority of high names, that the bench would this
time grant the licences. These betting list, were not
generally got up by the publicans, but by parties fre-
quenting their houses.

The CHAIRxax wished to know whether these betting
lists were put up before or after the 6th of November?
Mr. WIRE said they were put up before that time, and
one was taken down at the latter end of January, and
the other in February.
Mr. P. LAURIE—The magistrates' notice is served on
the 6th of November, and the betting lists wero not
taken down until January and February. Tho serious
part of the charge was, that these parties kept up the
lists after all the other publicans had complied with the
wish of the Bench.

Mr. WlRE—They did away with it as soon as they
possibly could under the circumstances. The moment
the police went and told them it was illegal, the lists
were torn down, and there was an end of them. lie was
satisfied that the object of the magistrates was not to
punish, but to prevent the occurrence of such things
again. That very discussion, which would go forth
through the medium of the press, would have the desired
effect, for he was sure that, after the matter became
known, no publican in the division would be found of-
fending again in the matter. Perhaps they would
allow him to read what some of them no doubt had seen,
and which he held in his hand, viz., the opinion to which
he had referred, which was that of Sir F. Kelly and
Mr. Badeley. He did not agree with this opinion, and
ho thought it very foolish that the publicans had
acted upon it instead of resorting to some person well
acquainted with the practice of the different divisions,
and with licensing law. The Learned Gentleman then
read the following opinion of the above-named counsel,
from the Sunday Tintes:—" We are of opinion that it is
not illegal for a licensed victualler to exhibit in his house
a betting list of a horse race, nor even to be the depository
for the time being of such bets as are laid on a particu-
lar horse—at least if such wagers are not in themselves
illegal—being upon a lawful race, and within an amount
allowed by law." He differed from that opinion; he re-
gretted that it had ever been taken, and still more that
it had been acted upon by the publicans. Ho held this
matter to be illegal within the terms of the licence, for
he could not conceive that betting was not gambling,
whether it took place at Tattersall's or in a public-house,
and all gambling was contrary to the licence. It might
not be illegal except in a public-house, but there it was
illegal. He would, therefore, simply repeat that his
clients had great property at stake, both of them
being persons of respectability, and had never before
been complained of. Under the circumstances he trusted
that the magistrates would act with the same clemency
towards his clients as they had dispensed to other par-
ties, and grant the licences.
The CHAIRMAN directed the room to bo cleared, to
enable the magistrates to consult in private, but after a
few minutes the public were re-admitted, when
The CHAIRMAN said that the magistrates thought
that, in justice to the other publicans, they ought to re.
fuse these licences.
Mr. WIRE trusted that they would not oppose when
the matter came before the sessions.
The CHAIRMAN declined to give any pledge upon the
subject.--Licences refused.

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