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
LICENSING BODIES.--Of whom should the licensing bodies consist? There are
three different kinds of bodies proposed: (_a_) The magistrates, as at
present; (_b_) county and town councils; (_c_) elective boards _ad hoc_.
The magistrates have for long carried out the necessary duties; and in the
country parts they have done as well as could be expected. In towns, more
particularly in small boroughs, their rule has not worked quite so
satisfactorily. Occasional charges of being influenced by pecuniary
considerations in the performance of their duties have been brought
against them; but such charges are so very rare that direct bribery may
be said to be practically unknown. But magistrates in small boroughs are
often influenced by some very extra-judicial considerations. Many of them
are small tradesmen, appointed for political reasons. They are well
acquainted with the brewer who is at the back of the application for a
licence, and possibly have business transactions with him: naturally they
do not care to offend him, and so a licence is often granted when it ought
not to be.
The licensing authority is altogether outside the usual province of the
magistrate's duties, which should be purely judicial. It has never been
found satisfactory to unite judicial and executive functions in one body;
and jurists are agreed that this should be avoided; yet while they are the
licensing authority the magistrates are both administrators and judges.
But the principal objection to magistrates is that they are not in the
least representative, and can do as they please entirely irrespective of
the public.
A proposal favoured by many statesmen is that of taking the duty of
issuing licences from the magistrates and placing it in the hands of
county and borough councils. A representative body would thus be secured;
but the result of this would simply be to ruin many of the councils. The
liquor question would swallow up every other in public estimation, like a
veritable Joseph's rod. Men would be elected solely because of their views
on licensing reform. The publicans would appoint their candidates, and the
teetotalers theirs; and both parties would have a pitched battle at
almost every election. Many good administrators, rather than face such
contests, would remain outside, and the whole tone of the councils would
be lowered.
The most practicable plan of securing a popular licensing authority seems
to be the election of Boards specially for this one purpose, as School
Boards are elected for the management of elementary schools. The area
which such Boards control should not be too small and particular care
would have to be taken to prevent those pecuniarily interested in the
traffic getting on them.
Public-domain text, read in full here on John Shaqi.
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