England has had a very much longer experience of liquor legislation than
any other country, and the story forms an introduction necessary to the
intelligent comprehension of liquor legislation in general. England
adopted a licensing system in 1551, and has retained it, with
innumerable modifications, ever since. The English were notorious for
hard drinking for centuries before licensing was adopted, and from time
to time sundry efforts had been made to check it, but what eventually
compelled the interference of the law was the growth of crime and
disorder associated with the public-houses towards the end of the 15th
century. Numbers of men who had previously been engaged in the civil
wars or on the establishment of feudal houses were thrown on the world
and betook themselves to the towns, particularly London, where they
frequented the ale-houses, "dicing and drinking," and lived largely on
violence and crime. An act was passed in 1495 against vagabonds and
unlawful games, whereby justices of the peace were empowered to "put
away common ale-selling in towns and places where they should think
convenient and to take sureties of keepers of ale-houses in their good
behaviour." That was the beginning of statutory control of the trade.
The act clearly recognized a connexion between public disorder and
public-houses. The latter were ale-houses, for at that time ale was the
drink of the people; spirits had not yet come into common use, and wine,
the consumption of which on the premises was prohibited in 1552, was
only drunk by the wealthier classes.
_Early History of Licensing._--The act of 1551-1552, which introduced
licensing, was on the same lines but went further. It confirmed the
power of suppressing common ale-selling, and enacted that no one should
be allowed to keep a common ale-house or "tippling" house without
obtaining the permission of the justices in open session or of two of
their number. It further "directed that the justices should take from
the persons whom they licensed such bond and surety by recognisance as
they should think convenient, and empowered them in quarter session to
inquire into and try breaches by licensed persons of the conditions of
their recognisances and cases of persons keeping ale-houses without
licences and to punish the offenders" (Bonham Carter, Royal Commission
on Liquor Licensing Laws, vol. iii.). This act embodied the whole
principle of licensing, and the object was clearly stated in the
preamble: "For as much as intolerable hurts and troubles to the
commonwealth of this realm doth daily grow and increase through such
abuses and disorders as are had and used in common ale-houses and other
places called tippling houses." The evil was not due merely to the use
of alcoholic liquor but to the fact that these houses, being
public-houses, were the resort of idle and disorderly characters. The
distinction should be borne in mind.
Public-domain text, read in full here on John Shaqi.
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