In 1863 the Publicans Act was introduced which reduced the licensing of public houses to publicans and packet licences:
Section 8 enacts that no Spirituous or fermented liquors shall be sold without a license, under a penalty of £30 for the first offence, and £30 to £50 for every subsequent offence. Exceptions are made in favour of venders of spirituous perfumes, chemists and druggists, and wholesale spirit dealers, provided not less than two gallons are disposed of at one time, importers who may sell in bond, and persons selling liquors in buildings exclusively occupied as a club. Section 4 provides for the issue of two kinds of license, vie., Publicans’ and Packet licenses. (As reported in the Maryborough Chronicle, 19 November 1863)
In 1885 the Licensing Act was introduced which defined the liquor use as 14 years or older for takeaway liquor and persons 18 years or older for drinking on premises, and outlined Sunday closing stipulations.
Licensing Act of 1885, Section 75: Liquor to be sold only within the following hours: — On the six business days of the week, from 6 a.m. to 11 p.m.; on Good Friday and Christmas Day, between 6 and 9 a.m., 1 and 3 p.m., and 8 to 10 p.m: and on the two latter days only for the sale of liquor not to be drunk or consumed on the premises. (2.) No licensed victualler or wine-seller to keep his house open for the sale of liquor on Sunday. (3) Any licensee offending; penalty, £5. And any person found drinking on licensed premises or leaving the same with liquor at prohibited hours; penalty, £2. (4.) This section not to apply to lodgers, travellers, or disabled persons.
James Arthur Bennett first applied to join the Queensland Police in 1901 when he was living in Pittsworth. In November, he was interviewed by Acting Sergeant Knox and in December the Acting Sergeant reported ‘I have known the applicant for the last few years, he comes to this district to work at harvesting. He is a steady, hardworking young fellow, very good tempered, quiet in manner and intelligent and in my opinion is suitable for the police force.’ At this meeting Bennett gave his age as 18 years, his height as 6 feet 1 inch tall and his chest was measured as 37 inches. His chest measurement was 2 inches less than the 38 inches required for entry into the Police Force and he had to press his case that the original measurement was in error. He passed his police entry examinations in August 1902 and then was out of the Colony until August 1904, on 10 November 1904 he was appointed as a police candidate on trial. Bennett was finally sworn in as Constable 469 on 7 March 1905 aged 22 years and 8 months. Two days later he was posted to the Roma Street Police Station.
In 1894 20 year old New Zealand born Alfred Bee, worked as a merchant seaman on the Lizzie Lee for three years. The Captain of the ship wrote that ‘Bee proved himself to be a useful, trustworthy and handy man thoroughly steady, honest and industrious.’ He joined the Metropolitan Police in 1897 and spent the next four years as a bobby on the streets of London. In 1902 Bee worked as a member of the Sea Merchant Service and in 1905 arrived in Sydney aboard the Sophoeles. From his Sydney base, 29 year and 8 month old Bee applied to the Queensland Police Force. He was listed as 5 feet 9 inches tall, with a chest measurement of 38 + ½ inches. Bee was accepted and sworn in as Constable 274 on 8 June 1905 aged 30. Six weeks later he was also posted to Roma Street Police Station.
A portrait of Constable Alfred Bee of the Metropolitan Police in London where he served between 1897 and 1902. Image PM3243 courtesy of the Queensland Police Museum.
In July 1905, fairly soon after Bee’s arrival at Roma Street Police Station these two officers, amongst others, were tasked with enforcing the Liquor laws, specifically Sunday closing times. A fairly thankless task if the response by the public, the defense lawyers and the printed media is any indication. Since there is very little in the personnel files of these two officers concerning the licensing work, newspaper clippings give us a view of what was happening on the street in Brisbane. At this time Inspector Nethercote was in charge of licensing and was in court prosecuting while Bennett and Bee gave evidence. On 5 July Constable Bennett and Bee were defending their accusation against Mary Doyle of the Ulster Motel who was charged with ‘keeping her premises open for the sale of liquor on Sunday.’ The case went to Police Court in front of Police Magistrate Robert A. Ranking. The Telegraph reported that during the cross-examination by Mr. O’Shea for the defense, he expressed the opinion that Constable Bennett had ‘shown himself to be an inveterate liar’ for which the Police Magistrate admonished O’Shea severely. The case was subsequently dismissed.
Inspector Nethercote spent a considerable amount of his time prosecuting cases under the Licensing Act of 1885, principally against those who illegally sold alcohol on a Sunday. Image PM1641 courtesy of the Queensland Police Museum.
Later Police Magistrate Ranking made a statement about Bennett:
he has recently given evidence before me upon several occasions and knowing him to be of very short service, I have more than once been struck by the aptitude displayed by him in the knowledge of his duties and by the intelligence and comparative boldness with which he has submitted to cross-examination almost vindictive in its rigour.
On 13 July Bennett and Constable Neilsen were back in court under Magistrate Ranking, this time against Theodore Lenneberg, licensee of the New Crown Hotel in George Street on the same sale of liquor on a Sunday charge. Mr. T.J. O’Shea was granted leave to cross-examine Bennett, whereupon he pressed strong doubts as to the witness’s veracity. An interesting conversation between O’Shea and Ranking then ensued:
Mr. Ranking, P.M.: “Do you think that everybody in the Government service is a liar?”
Mr. O’Shea: “No, your worship, but I think this man is”
Mr. Ranking P.M.: “It is not right for you to say that Mr. O’Shea”
Mr. O’Shea: “He has made contradictory statements this morning”
Mr. Ranking P.M.: “A man may make contradictory statements in cross-examination, and not be a liar.”
Sadly Constables Bennett and Neilson did not win this case either.
The Truth newspaper completely went to town on Constable’s case against William Burke, licensee of the Exchange Hotel, charged with wilfully delaying admittance to a member of the police force on 23 July 1905. Truth, 27 August 1905, page 5.
Bennett and Bee were in court every week trying to win against Mr. T.J. O’Shea and other defence lawyers, and finally managed it on 19 July 1905 against James A. Hourston licensee of the Oriental Hotel (Albert Street).
…TO BE CONTINUED NEXT WEEK
This story was written by Curator Lisa Jones from the best resources available and information supplied by the Queensland Police Museum. Thanks go to Jon Kehrer for bringing the story to our attention. The Police Museum is open 9am to 4pm Monday to Thursday and 10am to 3pm on the last Sunday of the month (Feb-Nov) and is located on the Ground Floor of Police Headquarters at 200 Roma Street, Brisbane.
Contact by email: museum@police.qld.gov.au | Subscribe: FROM the VAULT here
“FROM the VAULT: Bennett & Bee Part 1 – the sting of licensing laws” by the Queensland Police Service is licensed under a Creative Commons Attribution (BY) 2.5 Australia Licence. Permissions may be available beyond the scope of this licence. http://creativecommons.org/licenses/by/2.5/au/legalcode