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
The case was taken from court to court, and everywhere the decision of the
magistrates was upheld. Finally it came before the House of Lords in
January, 1891; and the judgment of their lordships was given in the
following March. The five law-lords were unanimously of opinion that
justices have the right to refuse the renewal of a licence if the
circumstances of the neighbourhood or any other sufficient cause render it
desirable. The Legislature, their lordships stated, gave the magistrates
an absolute discretion both for granting and renewing licences: and such
discretion is to be exercised (to quote the Lord Chancellor) "according
to the rules of reason and justice, within the limits to which an honest
man, competent to the discharge of his office, ought to confine himself".
This decision was a serious blow to the owners of licensed premises. It at
once and for ever swept away all claims of a legal right to compensation,
and showed that vested interests in licences are absolutely nonexistent.
But the question still remains whether, although the publican has no legal
claim to compensation, he is not morally entitled (under ordinary
circumstances) to some consideration, if suddenly and through no fault of
his own he is deprived of what he was for long encouraged to look upon as
his right. It is felt by many that it would be a hardship to take from a
well-behaved licensed victualler his means of livelihood without some
consideration. Whether this sentiment is right or not the writer of this
book does not propose to discuss; but it undoubtedly exists, and the
temperance party will gain nothing by shutting its eyes to it.
On the one hand we have the claim of prohibitionists that no publican
should have a penny from public funds as recompense for dispossession; on
the other hand, there is the plea of the "trade" advocates, that he ought
to have the full difference between the "trade" value of his house and its
value as ordinary premises. The first of these seems rather harsh, and the
second is certainly unreasonable. Is there no _via media_?
The unreasonableness of the second proposition may best be seen from the
fact that in many towns a very large proportion of the public-houses do
not pay their way. Yet every one of these places is valued at a price far
above its value as an ordinary business house; consequently, if the
authorities were to pay the terms asked by the owners on closing them,
they would actually be giving considerable sums for losing concerns.
Public-domain text, read in full here on John Shaqi.
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