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
Owing to the time taken up by the debate on the Home Rule Bill, the
Government found it impossible to do more than introduce its local option
measure in 1893. It promised to proceed with it this Session (1894); but
at the time of writing it seems very improbable that this will be done.
CHAPTER III.
THE PROBLEMS OF REFORM.
Four main problems have to be faced before any adequate scheme of
licensing reform can be formulated. They are: (1) compensation; (2) of
whom shall the licensing bodies consist? (3) what is to be done with the
clubs? (4) shall "tied houses" be permitted?
COMPENSATION.--This has been for many years the main block to reform. Are
publicans, when deprived of their licences through no fault of their own,
entitled to compensation or not? For long there was considerable doubt as
to the legal aspects of the matter. One party argued that as the publican
has his licence granted for one year alone, and as the magistrates have
power to refuse to renew such a licence, therefore the drink seller has no
vested interest in its continuance, nor the slightest claim to
compensation if its renewal is refused. On the other hand, it was said
that while the justices have nominally the power of refusing the renewal
of old licences, it is a strictly limited power that they never put into
force except for wrong-doing on the part of the licensees; and that the
custom has so long prevailed of regularly renewing the certificates of all
publicans who behave properly, that an expectation of renewal has become
universal; and that by virtue of custom they have a vested interest, and
are entitled to compensation if renewal is refused.
The legal aspects of the matter were finally cleared up in 1891 by the
decision of the House of Lords in the well-known case of "Sharp _v._
Wakefield". The magistrates of the Kendal division of Westmoreland
refused, in September, 1887, to renew the licence of an inn at Kentmere on
the grounds of the remoteness of the premises from police supervision, and
the character and necessities of the locality. The owner of the house,
Susannah Sharp, appealed to the Quarter Sessions, but that body upheld the
magistrates. It was resolved by the drink interest to make this case a
test one. Their argument was that for the renewal of an existing licence
the justices are not entitled to inquire into the character and wants of
the neighbourhood, or to refuse a licence on the grounds that there is no
longer a necessity for a licensed house there.
Public-domain text, read in full here on John Shaqi.
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