Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Minor offences form the great majority of our committals, and drunkenness
is an element in most of the cases. If a man does not get drink to excess
he will not become drunk. Persons and premises are licensed for the
convenience of the public, and it is not for the public convenience that
anyone should be allowed to have a practically unlimited supply of liquor.
One of the troubles of the man that takes drink is that he is not in a
state to appreciate his own condition, and he is apt to imagine that he is
much more sober than he is. No respectable publican wants to make men
drunk; but he wants to make money out of his business, and beyond certain
limits he cannot be more particular than his neighbours. It is sometimes
very difficult to say when a man is drunk, but it is easy to tell when he
is not sober, and he is not entitled to the benefit of any doubt that may
exist. It ought to be the business of the vendor to refuse drink to a man
who has evidently had as much as is good for him. He may make mistakes,
but they will be on the right side if he has to pay for them.
The very desire to prevent men being supplied with drink to excess has
resulted in making the law, with regard to the supply of drink to
intoxicated persons, something very like a dead letter. I have known a man
to be convicted for being drunk and incapable at a police court, and
though it was shown that he left a public-house in that condition after
having had several drinks there, when the publican was brought to the same
court on a subsequent date, to answer a charge of breach of certificate in
respect that he had supplied drink to a man who was drunk, the charge was
found not proven. The fine for such a breach of certificate would not have
been nearly so great as the cost of defending the charge; but a conviction
would have resulted in the endorsement of the licence, and might have
caused its withdrawal. Now as the man depended on the licence for his
livelihood, this was practically a sentence of death. In these cases the
magistrates are exceedingly unwilling to convict and in consequence
charges are seldom made.
Public-domain text, read in full here on John Shaqi.
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