Sober by Act of ParliamentMcKenzie, Fred A. (Fred Arthur)
History
Sober by Act of Parliament
McKenzie, Fred A. (Fred Arthur)
Drinking of alcoholic beverages; License system -- Great Britain; Prohibition -- United States; Temperance
It might be thought that it is hardly to the interest of the brewers to
risk losing the licences in order to do a somewhat larger trade; but those
who argue thus are not acquainted with the working of the law. Let us
suppose a case typical of many. A publican is convicted before the
magistrates on some very serious charge, say that of harbouring improper
characters; and his licence is endorsed. It may be mentioned, in passing,
that most magistrates refuse to endorse a licence except an offence is
very grave or frequently repeated. At the next licensing sessions the case
comes on, and the justices demur at renewing the certificate. The lawyer
for the owners then addresses them somewhat in this way. "The house in
question," he says, "is owned by the well-known firm of Messrs. Grey &
Black. They had not the slightest idea that their tenant was guilty of
such conduct as was unhappily proved, and they greatly regret it. It is
their wish to keep their houses respectable, and they do all in their
power to accomplish this. In this case, immediately the licence holder was
convicted they gave him notice to quit. The good-will of the house has
been sold to Mr. Tom Brown for a substantial consideration, and the old
tenant who was convicted has no longer any interest in the place. Mr.
Brown is a _most_ respectable man; and I can bring forward unimpeachable
witnesses, gentlemen well known to you, who will testify to this fact.
Now, gentlemen, I cannot deny that you have the power to refuse the
licence if you wish; but I would venture to point out to you that by doing
so you would punish, not the man whose wrongdoing we all condemn, but
Messrs. Grey & Black who own the premises, and Mr. Tom Brown who has
bought the good-will. Mr. Brown, though he has done nothing wrong, will be
the loser of a very considerable sum by such a refusal. You will, perhaps,
permit me to say, gentlemen, with all deference to your judgment, that
such a course would not be in accordance with justice, nor with the
honourable traditions that have always distinguished this bench."
In nineteen cases out of twenty the magistrates agree that it would be
rather hard on Brown to refuse; and accordingly they grant the renewal.
The risks of losing a licence are so small that they are hardly worth
taking into consideration. First of all, there is very little probability
of the police proceeding against a house, except when compelled by outside
pressure. Then, when the police do proceed and secure a conviction, the
licence is not usually endorsed. Even after endorsement, a judicious
change of tenants can be made; and so the licence retained.
Public-domain text, read in full here on John Shaqi.
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