Liquor laws may be classified in several ways, but the most useful way
for the present purpose will be to take the principal methods of
conducting the traffic as they exist, under four main headings, and
after a brief explanation give some account of the laws in the principal
countries which have adopted them. The four methods are: (1) licensing
or commercial sale for private profit under a legal permit; (2) sale by
authorized bodies not for private profit, commonly known as the
Scandinavian or company system; (3) state monopoly; (4) prohibition. It
is not a scientific classification, because the company system is a form
of licensing and prohibition is no sale at all; but it follows the lines
of popular discussion and is more intelligible than one of a more
technical character would be. All forms of liquor legislation deal
mainly with retail sale, and particularly with the sale for immediate
consumption on the spot.
1. _Licensing._--This is by far the oldest and the most widely adopted
method; it is the one which first suggests itself in the natural course
of things. Men begin by making and selling a thing without let or
hindrance to please themselves. Then objections are raised, and when
they are strong or general enough the law interferes in the public
interest, at first mildly; it says in effect--This must not go on in
this way or to this extent; there must be some control, and permission
will only be given to duly authorized persons. Such persons are licensed
or permitted to carry on the traffic under conditions, and there is
obviously room for infinite gradations of strictness in granting
permission and infinite variety in the conditions imposed. The procedure
may vary from mere notification of the intention to open an
establishment up to a rigid and minutely detailed system of annual
licensing laid down by the law. But in all cases, even when mere
notification is required, the governing authority has the right to
refuse permission or to withdraw it for reasons given, and so it retains
the power of control. At the same time holders of the permission may be
compelled to pay for the privilege and so contribute to the public
revenue. The great merit of the licensing system is its perfect
elasticity, which permits adjustment to all sorts of conditions and to
the varying demands of public opinion. It is in force in the United
Kingdom, which first adopted it, in most European countries, in the
greater part of North America, including both the United States and
Canada, in the other British dominions and elsewhere.
Public-domain text, read in full here on John Shaqi.
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