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Licensing at Heidelberg - The Old England Hotel

This 1849 Argus article discusses the debate around Henry Baker's application for a liquor license at Heidelberg. Baker was eventually successful in getting the license, thus beginning the famous Old England Hotel. The rather complicated use of language is also rather interesting.

The District Licensing Bench

Argus, Wednesday 15 August 1849

The back of Old England Hotel.

The continued and universal condemnation of some of the recent proceedings of the District Licensing Magistrates, is beginning to produce its effect. The case of Mr. Henry Baker, of Heidelberg, has excited more attention than any other, and the unusual, and we believe most unfair opposition to the granting of a license to Heidelberg, is fast relaxing. Through the columns of the Herald, the gentlemen, who have all along been understood to be the principal advocates of the spirituous destitution of that township, have announced the recantation of their errors, and exhibited the slight signs of penitence which generally precede complete contrition.

Although we cannot congratulate these gentlemen upon the choice of their father-confessor, we are always glad to mark repentance or the slightest disposition towards reformation. But pleased as we are to hail a return to the paths of virtue or of common sense, we must deprecate the timid nature of the present step, and we think that the feeling of having done wrong hitherto, would have justified a prompter and a bolder stride. The Herald appears to have been commissioned by these gentlemen to say—

"That if the applicant can procure the signatures of one half, or even near that number of the bona fide residents in the locality for which Mr. Baker has applied, instead of opposing the issue of a license to him, they will withdraw all opposition in deference to the then public voice, and even add their recommendation in favour of Mr. Baker, against whom, personally, there never was any objection."

Now, we do not conceive that the granting to the township of Heidelberg the convenience of a public house, which is enjoyed by every other township in New South Wales, ought to be a matter of majority. If any considerable number of the inhabitants of either Heidelberg, or any other locality conceive that they require a public house, they have a perfect right to it, as they have to a blacksmith's shop, or a shoemaker's, and it is not because an equal or a greater number do not feel the necessity of any little indulgence of the sort, that they are to step in, and prevent its accordance to those that do. The fact of an experienced man, like Mr. Baker, having gone to considerable expense in the preparation of suitable premises, is of itself sufficient evidence of the probability of ample encouragement in the locality he has selected ; and the application of a large number of residents and occasional visitors which he presented to the Bench, fully confirms his own impression. A sufficient case has been made out, to justify the issue of a license, and nothing that any of the other inhabitants can say, will prevent injustice in its being withheld.

Fox hunt meets at Old England Hotel.

Thus far we go with the free trade advocates for public houses, and in these respects we deny that the objections of one man ought to compromise the comfort or the wishes of another, in matters relating to fermented liquors, any more than in tea or sugar, ironmongery or calico. In a town it is different ; a man cannot be very seriously inconvenienced for a draught of are or a dram, when he can reach it by traversing the width of an allotment or two, but there is deliberate cruelty in asking a working man to walk several miles after, or during his day's work, before he can slake his thirst, with anything more refreshing than a drink of water, or a reference to the everlasting tea-pot.

It is perfectly impossible but that the license of Mr. Baker must eventually be granted, and we would therefore recommend the proteges of the Herald, to make a virtue of necessity, and do that now with the best grace they can, which they have incurred very considerable odium by not having done months ago.


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Heidelberg Historical Society (Inc. No. A0042118P)