To these he added two other propositions, on which he did not expect such unanimous agreement. (1) That the public have a right to be supplied with places of refreshment sufficient in number, convenient, and respectably conducted. (2) That all existing interests, however qualified the interests may be, are ent.i.tled to just and fair consideration.
On the basis of these propositions he built up a plan which still deserves the careful attention of all licensing reformers. The leading principles of it were as follows: The licensing powers were to still be retained by the magistrates, and no liquor licences were to be issued without their certificates. All old licences were to remain in force for ten years from the pa.s.sing of the Act, as of right, and then they were to absolutely lapse. New licences were to be granted on a novel plan. The justices would meet together before the licensing day, and would decide on the number of new licences to be issued, altogether apart from the question of to whom they were to be given. If the number of public-houses in the neighbourhood, when the proposed new establishments had been added, did not exceed a certain fixed scale, then the decision of the magistrates would be final. If, however, the new licences would bring the total above that proportion, then it would be necessary to take a vote of the ratepayers as to whether the increase should be permitted or not, and the majority of those voting would decide. The scale was, in towns, one licensed house for 1500 people and under, two houses for up to 3000 people, and one more for every additional 1000; in the country, one licensed house for 900 people and under, two for up to 1200, three for up to 1800, and one more for every additional 600 inhabitants.
When the number of new licences to be issued had been fixed, they were to be put up to public auction, and sold to the highest bidders, one person having power to buy any number or all of them. The purchaser would be allowed to select his own house for carrying on the business, provided it was within the limits of the district; but before receiving his licence he would have to obtain a certificate from the magistrates that the premises chosen were suitable for the purpose, and that the proposed manager was a proper person. It would not be necessary for the licence-holder to be his own manager. All licences so purchased were to be renewed annually, as of right, for ten years after the pa.s.sing of the Act, except when forfeited by misconduct.
At the end of ten years, when all licences, old and new, were about to lapse, the magistrates would decide anew what the number of public-houses in their neighbourhood should be. If they decided to exceed the statutory limits, then it would be necessary to poll the ratepayers and obtain their sanction to the proposal; but if the number proposed by them was not in excess of those limits, then this need not be done. The licences would again be put up for sale for another ten years, and the same process would be repeated at the end of each decade. In the case of eating-houses and beer and wine licences for refreshment-rooms these regulations would not apply, but the magistrates might grant licences at their discretion. Nor would they apply to houses selling drink for consumption off the premises only; for these, the justices would grant certificates, on certain conditions being observed by the applicants.
The control of drink shops was to be made much stricter. A second conviction for serious breaches of the law would lead to forfeiture of the licences, without choice on the part of the magistrates. Every conviction must be recorded on the back of the licensing certificates; and on the police penalties for offences under the Act amounting in three consecutive years to 65, or in five years to 100, the licence would be taken away.
In order to secure the better enforcement of the law an entirely new body of inspectors was to be created. These should be quite independent of the local authorities, and their sole duty would consist of supervising the liquor sellers. There was to be one inspector-in-chief; England and Wales would be divided into counties with an inspector for each, and every large town and district would have a superintendent, under whom there would be a carefully selected and well-paid body of men. "The police cannot properly and ought not to be entrusted within the walls of a public-house," Mr.
Bruce said. "It is utterly impracticable to have a proper system of inspection if steps are not taken to make the inspection more efficacious; and efficient inspection can in my opinion be conducted only by a body of men altogether independent of the police.... They will be ... specially charged with the duty of seeing that no offence is committed in a public-house which is prohibited by law." The cost of this inspection was to be defrayed from the licence fees.
Finally, the Bill contained clauses specially directed against adulteration. Samples of the liquors sold were to be frequently taken and a.n.a.lysed at Somerset House laboratory. When it was found that any injurious ingredients had been mixed with them, the seller would be liable, for a first offence, to a fine of 20 or imprisonment for one month, with or without hard labour; and, for a second offence, to a fine of 100 or three months" hard labour, and forfeiture of licence.
Mr. Bruce"s proposals fell like a bomb among the brewers and publicans.
They realised that the time had now come when they must fight for their very existence; and fight they did. Temperance meetings were broken up all over the country, every tap-room became the centre of a campaign against the Government, and all the liquor sellers and their adherents became unswerving Tories in a day. Intense pressure was brought to bear on individual members, and the Government became the object of most intense hostility. There was not, at that time, the strong sentiment throughout the country in favour of restrictive legislation which is to be found now; and every bar parlour was used as the headquarters and meeting house of a propaganda to convince working men that the Bill was a measure aimed against the liberty of the people. The _Times_, to the surprise of many, gave Mr. Bruce its warmest support, and day by day did its best to strengthen the hands of the Government. The great body of middle-cla.s.s people, too, were inclined to approve of the measure. But the forces against it were too strong; and after a few weeks the Ministry gave way, and it was announced that, owing to the time that had been wasted over the Budget, there would be no opportunity of proceeding with the measure that Session.
What were the teetotalers doing all this time? Where was the United Kingdom Alliance? Where were the hundred and one other bodies that had been clamouring for years for reform? Here was a Ministry that had been bold enough to risk office in order to promote temperance; surely it had a right to look to the temperance party for cordial support! If it looked, however, it looked in vain, for the influence of the teetotalers was worse than thrown away in this struggle. The United Kingdom Alliance was so busy promoting pet.i.tions in favour of a Permissive Bill which every one knew had no chance of success, that it had no energy to spare for helping on the Government. It officially announced that its att.i.tude was one of "friendly neutrality"; and when the secretary of the Alliance was urged by the _Leeds Mercury_ to support the Bill, he replied that "it (the drink trade) ought not to be sanctioned by law, nor tolerated within the range of Christian civilisation".
No more suicidal policy, no course more fatal to the promotion of temperance in our land, could possibly have been taken. At a time when every publican and every brewer was seeking the destruction of the Government on account of its att.i.tude to the drink question, the Alliance was content to be "friendly neutral"! By their almost inexplicable conduct, the leaders of that body helped to delay temperance legislation for a quarter of a century, and created a deep distrust of teetotalers in the minds of most politicians. If they had actively thrown themselves into the breach, had used all their forces to support the Ministry, had been content to drop for a few months the plan of bringing forward a measure which they knew Parliament would certainly reject,--then Mr. Bruce and his colleagues might have been encouraged to proceed, and the liquor traffic in England would by this time have been cut down to a fraction of its old proportions.
Mr. Caine recently claimed that the temperance party rather supported than opposed the Government at this crisis; and that, in fact, "practically, their only friends and supporters in the const.i.tuencies were the teetotalers". No one denies that many individual abstainers, as, for instance, Mr. Caine himself, were active in helping on the measure; but the temperance party as a whole was not. The month after the Bill was abandoned, Mr. Bruce publicly charged Sir Wilfrid Lawson, in the House of Commons, with having hindered and greatly diminished its chance of success by the course he had taken. While the Bill was still before the country, and while its fate was trembling in the balance, many prominent abstainers opposed it bitterly, and spoke and wrote against it. Professor Newman, in answer to a request from Mr. S. Morley, that he and his friends of the Alliance would not refuse an instalment because they did not get all they wanted, replied: "The United Kingdom Alliance cannot postpone its action for ten years.... Its (the Bill"s) good points will not help us; they are not things which we asked; its evil points will damage us extremely. Hence if we fail to induce Mr. Bruce to withdraw his astonishing innovations of principle, I certainly do not guarantee that our friends will refrain from total opposition."
Mr. Raper, a leading temperance speaker, at a meeting in the Manchester Town Hall, held under the auspices of the United Kingdom Alliance, said: "It is strange that a man of such a powerful intellect as the Home Secretary should be so remarkably defective in observation of a logical kind. I have not seen a greater wonder this quarter of a century than I did when I saw this able man standing for two hours and ten minutes giving forth grand principles and then cutting them to pieces--making statements which he followed up with nothing."
To judge from the speeches of Dr. F. R. Lees, who is considered by many the premier writer on total abstinence, one would think that the Bill had been framed by a committee of Burton brewers. "Give no unwise and blind support to the proposition of the Government," he said. "I do not think that the Bill, as a practical Bill, is worth discussing in detail.... It is a wholesome and righteous principle, that of public control over the liquor traffic; but you are denied your claim, it is postponed for ten years, while the existing generation of victims shall perish, and a new generation shall take their place."
Why rake up all these old mistakes? it may be asked. Why not forget the past? The answer is plain. The old matter must be borne in mind, not in order to belittle and denounce the men who made the mistakes, but so that the reformers of the present may learn from the blunders of their predecessors, and not again wreck the ship because it is only sailing towards port with a couple of sails instead of a full rig.
MR. CHAMBERLAIN"S PLAN.--In 1876 some stir was made by Mr. Chamberlain advocating an adoption of the Gothenburg system in England. The Birmingham Town Council expressed its approval of the plan; and on 13th March, 1877, Mr. Chamberlain brought forward a resolution in the House of Commons: "That it is desirable to empower the Town Councils of boroughs, under the Munic.i.p.al Corporation Acts, to acquire compulsorily, on payment of fair compensation, the existing interests in the retail sale of intoxicating drinks within their respective boroughs; and thereafter, if they see fit, to carry on the trade for the convenience of the inhabitants, but so that no individual shall have any interest in nor derive any profit from the sale".
This motion was supported by Sir Wilfrid Lawson and his allies; but was rejected by a large majority, 103 voting against and only 51 in its favour.
MR. RITCHIE"S LOCAL GOVERNMENT BILL.--In 1888, when the Local Government Bill was introduced by the Unionist Government, it contained clauses providing that the whole of the licensing of public-houses should be handed over to the County Councils; and that, in addition to the powers now held by the magistrates, the Councils should have authority to close the houses on Sunday, Good Friday and Christmas Day, either altogether or for part of the day, to alter the hour of closing at night, and to increase the licensing fees not more than 20 per cent. There were two great limits to the proposed power of the Councils. The first gave the magistrates power to prevent the renewal of a licence on proof that the holder was guilty of illegal conduct. The second limit was the provision that when the Councils refused the renewal of a licence for any other cause than the fault of the holder, the latter should be ent.i.tled to compensation. Such compensation was to be a.s.sessed on "the basis of the difference (if any) between the value of the licensed premises immediately before the pa.s.sing of this Act and the value which such premises would have then borne if the licence had then determined". The compensation was to be divided between the persons interested in the premises, either by agreement among themselves, by arbitration, or, finally, by the County Court. The cost of the compensation was to be borne ordinarily by the licensing division of the county in which the house was situated; or sometimes, under exceptional circ.u.mstances, by the whole county.
The temperance party, although on the whole preferring _ad hoc_ Boards, would gladly have accepted the proposals, but for the compensation clauses. Over these a hot fight was made, and innumerable meetings were held all over the country against them. The licensed victuallers were at first also inclined to oppose the measure; but they soon realised that it would be on the whole a great gain to them. As Mr. Ritchie, the father of the Bill, pointed out to a deputation, "We practically give you a vested interest by the Bill". But the opposition to the objectionable clauses was too strong; and in June Mr. W. H. Smith announced, for the Government, that the whole of the licensing section would be withdrawn.
MR. GOSCHEN"S COMPENSATION PLAN.--Two years later a second attempt was made by the same Government to legalise compensation. In the _Local Taxation (Customs and Excise) Bill_ a scheme was formulated for the gradual reduction of public-houses. The main idea of this scheme was that each year the sum of 440,000, raised by increased taxes of 3d. a barrel on malt liquors and 6d. a gallon on spirits, should be used for the buying up of licences for the purpose of extinction. Of this sum, 350,000 was to go to England, 50,000 to Scotland and 40,000 to Ireland. In England and Scotland the money was to be apportioned among the County Councils, which would be permitted to buy up such licensed premises as they thought proper; in Ireland the authority to be appointed was the National Debt Commissioners. No compulsory powers of purchase were given; but all purchases would have to be made by agreement with the owners of the houses, at prices and under conditions fixed by mutual arrangement. After the pa.s.sing of the Act, no new licences, except for eating-houses and refreshment-rooms, were to be granted unless the consent of the County Councils had first been obtained, and even when new licences were granted, it was to be on the express understanding that their renewal might "at any time be refused at the free and unqualified discretion of the licensing authority".
In bringing the Bill before the House of Commons Mr. Ritchie said: "I a.s.sure the House that the sole object which the Government has in view is to promote temperance, and to help those who are endeavouring and who have so long endeavoured to battle against intemperance.... I have not the least intention of interfering with any powers now possessed by licensing magistrates.... Our sole object has been to help temperance reformers, and to promote the cause of temperance." But temperance reformers did not see the matter quite in the same light as Mr. Ritchie; and the opposition to the proposals of 1890 was even stronger than to those of 1888. The main objections were that the measure created a vested interest where none previously existed, and that the proposals for extinction were utterly and ridiculously inadequate. Mr. Caine, a prominent Liberal Unionist supporter of the Government, resigned his seat in Parliament as a protest against the scheme; and before many weeks had pa.s.sed, the second attempt was sent the same way as the first. The money intended for the compensation of the publicans was devoted instead to technical education.
LORD RANDOLPH CHURCHILL"S BILL.--In the same month as the Local Taxation Bill was introduced, Lord Randolph brought before the House of Commons his scheme for amending the licensing laws. This plan was admittedly partly based on Mr. Bruce"s Bill of 1871. The licensing authority was to be vested in the munic.i.p.al authorities for boroughs and the County Council for counties. These bodies were not only to have the right to license, but also to regulate the hours of closing on Sundays and week-days. The power of direct veto was to be placed in the hands of the people, and in a parish where two-thirds of the ratepayers on the munic.i.p.al rate book voted for prohibition, no licences were to be granted. Beer shops were to be swept away, and the kinds of licences were to be reduced to two,--the full publican"s licence and the refreshment-house wine and beer licence; and the rating qualification for a building used as a public-house was also to be considerably increased. Clubs in which drink was consumed were to be registered and to pay fees ranging from 30s. a year for a working men"s club to from 1000 to 2000 for the great West-end clubs. The n.o.ble lord was strongly in favour of compensation, and declared: "I hold that compensation for vested interests is an indispensable accompaniment to any scheme of licensing reform. Any such reform not accompanied by compensation for vested interests would be sheer confiscation and robbery." But he did not deal with this detail in his Bill, on the ground that it would entail taxation in some form or another; and it is not in the power of a private member of Parliament to propose to the House taxation of any form or kind. Lord Randolph"s measure met with a very favourable reception when introduced, but he did not proceed even to the second reading with it.
THE BISHOP OF CHESTER"S BILL.--In 1892, Dr. Jayne, Bishop of Chester, brought before the public a modification of the Gothenburg system that has since attracted a considerable amount of attention. He recognises that intemperance is far too common, and that our public-house system stands urgently in need of reform; but he believes that the use of alcoholic beverages must be accepted as inevitable, and that the best plan to adopt is not to seek to abolish the drink trade altogether, but to reform it.
One of the great evils of the present system is that those who conduct public-houses have a direct pecuniary interest in selling the largest amount of drink possible; the Bishop desires to change the object of the sellers from private profit to the public welfare. To do this he would have philanthropic companies formed, which should buy up all the public-houses in a district, have a monopoly of sale, and conduct the traffic for the public welfare. The companies would derive no profit from the sale, except a certain fixed amount of interest on the capital invested. In their houses (to quote Dr. Jayne"s own description) "alcoholic beverages, though frankly recognised, will be disposed from their aggressive supremacy, and supplied under less seductive conditions.
These conditions would, for example, be comfortable, s.p.a.cious, well-ventilated accommodation; temperance drinks brought well to the front, invested with prestige, and supplied in the most convenient, attractive and inexpensive way; the pecuniary interests of the managers (_e.g._, in the form of bonus) made to depend entirely on the sale of eatables and non-alcoholic beverages; alcoholic liquors secured against adulteration; newspapers, indoor games, and, where practicable, outdoor games and music, provided; while the mere drink shop, the gin palace, and "the bar"--that pernicious incentive to drinking for drinking"s sake--would be utterly abolished."
Dr. Jayne"s first thought was that such houses might be managed by the County Councils, but he soon saw that it would be better to place them in the hands of private companies. The methods by which he proposes that the companies should set to work may be best seen from an account given by him in the _Daily Graphic_ for 25th October, 1893: "We are prepared to undertake the licensed victualling of your locality, paying to the dispossessed publicans such compensation as law and equity may require. We will at once reduce our houses to such number as the licensing authority may deem necessary; we will re-engage respectable publicans as managers on terms far more favourable to themselves, their families and the community, than managers now enjoy under the tied-house system. They will receive a fixed salary, with a bonus on the sale of eatables and non-alcoholic drinkables, but with absolutely no benefit from the sale of intoxicants.
They will thus have no inducement to push the sale of alcohol, to drink with their customers, or to adulterate their liquors. As regards hours of closing and details of management we shall, within legal limits, be guided by local experience and opinion. Our surplus profits will be applied to public, non-rate-aided objects, including the establishment of bright and attractive temperance houses, to which those who wish to keep quite clear of the temptations of alcohol in any shape may safely resort."
In 1893 he incorporated these proposals in a Bill which he brought before the House of Lords. The measure was defeated on the second reading; but Dr. Jayne is still hopeful that Parliament will grant the necessary powers for the attempt to be made where desired. Would it not be better for some town to definitely decide to adopt the Gothenburg system, and then go to Parliament with a request for an authorisation to do so? Such a demand is far more likely to be granted than a proposal that may be adopted anywhere or nowhere. If the method proved a success when first tried, there would be little difficulty in obtaining permission for other places to follow suit.
THE BISHOP OF LONDON"S BILL.--_The Licensing Boards Bill_ may be taken as representing the plans of a moderate school of reformers. It was framed under the supervision of the Church of England Temperance Society, and introduced into the House of Lords in 1893 by Dr. Temple, Bishop of London. The Church of England Temperance Society differs in many ways from most temperance organisations. Its social work is worthy of all praise, and its magnificent agencies for the rescue of criminals and inebriates are so well known as hardly to require mention. But in the matter of legislative action, this society does not take up the extreme att.i.tude of such organisations as the United Kingdom Alliance. Its membership contains a very large, if not a predominating Conservative element; and hence its proposals deserve attention as being those of the members of a party usually not foremost in legislation of this kind.
The Bill brought forward by the Bishop of London in 1893 proposed to transfer the power of granting all drink, billiard, music and dancing licences from the justices in each district to a specially elected Licensing Board. The Board was to be elected triennially by persons on the local government register of electors, and the cost of such elections and other expenses of management were to be borne by the borough or County Council. The Board would have power to alter the hour of closing on week-days, and all licensed houses would be closed on Sunday unless by special order of the Board. Even when the Board sanctioned Sunday opening, the houses would only be permitted to remain open for two hours, and could only sell drink for consumption off the premises. All clubs would have to be registered, fees being payable for such registration; and power would be given to the police to enter any club which they had reason to believe was carried on simply as a drinking club, and to charge the members found on the premises and the owner of the house before a magistrate. The princ.i.p.al provisions of the Bill, however, would not come into effect until five years after the pa.s.sing of the Bill, when a large reduction of licences would take place compulsorily. This five years" term of grace was provided for as a kind of compensation. At the end of five years from the pa.s.sing of the Bill into law the following provisions would come into operation:--
(_a_) The only licences that are to be granted are (i.) a full publican"s licence; (ii.) a wine and beer on licence for a refreshment house; (iii.) a wine and beer off licence; (iv.) a licence for an hotel; and (v.) a licence for a railway refreshment room, the two last being special forms of the publican"s licence.
After 1898, therefore, the following kinds of licence will cease to be obtainable: (i.) The beer dealer"s additional licence (off); (ii.) the beer retailer"s on and off licences; (iii.) the cider and perry on and off licence; (iv.) the table beer retailer"s licence (off); (v.) the wine retailer"s on and off licences; and (vi.) the sweets retailer"s on and off licences. None of these licences are required by a person holding a superior licence.
(_b_) The Board is to have full discretion to grant or not to grant any licence. After this provision comes into effect the present restrictions on the power to refuse certain licences, except on certain grounds, will cease.
(_c_) Licences, exclusive of hotels and railway refreshment rooms, are not to be granted in excess of a fixed proportion to the population of each district--one per 1000 in towns, one per 600 in country--but proper notice is to be given to a licence holder before discontinuing his licence under this clause.
(_d_) The value qualification of premises is raised.
(_e_) A licensed person is not to carry on any other retail business on the licensed premises.
The measure came before the House of Lords for its second reading on the 12th May, 1893. It met with a very unfavourable reception, and Lord Salisbury opposed it hotly as being "the wrong remedy for the evil we all deplore". At last Dr. Temple, seeing that it was perfectly evident the measure would be rejected by a considerable majority, consented to allow the motion to be negatived without a division. It is the intention of the Church of England Temperance Society, however, to keep its Bill as far as possible to the front, and to make persistent efforts to have it carried into law.
LOCAL OPTION.--Few schemes of reform have been so unceasingly pushed as that for giving to localities the option of prohibition. Forty years ago, when it was first brought before the British public, it was laughed at, and hardly deemed worthy of the serious notice of politicians; in 1893 it was introduced by the Government to the House of Commons; and to-day it has all the weight of one of the two great political parties behind it.
Whatever may be thought of the practical usefulness of such an option in the present state of public opinion, it is hardly possible to deny to the men who demand it a tribute of admiration for their persistency and pluck.
On the 1st June, 1853, the United Kingdom Alliance was founded for the purpose of securing "the total and immediate legislative suppression of the liquor traffic". Its plan of operations was to secure for any locality that wishes it the right to prohibit the traffic in intoxicants there.
Eleven years after the formation of the Alliance Sir W. Lawson introduced his famous Permissive Bill, embodying the demands of the Alliance, to the House of Commons. It was defeated by a majority of over seven to one; but in 1869 the majority against it was reduced to a little over two to one.
In 1879 Sir Wilfrid changed his tactics; and instead of incurring the cost of introducing a Bill year by year, he brought forward a resolution in favour of "some efficient measure of local option". In 1880, before a full House, the resolution was at last carried by a majority of 26; 245 voting for, and 219 against.
It was expected that the Liberal Government then in force would do something to carry the resolution into effect; but nothing was done until 1893, when Sir William Harcourt"s much-debated Local Option Bill was introduced. The provisions of this Bill are very simple, and include two things,--the option of prohibition, and the option of Sunday closing. It provided that on one-tenth of the local government electors in any division making the request in writing, a poll shall be taken as to whether all public-houses be closed there, or whether there shall be Sunday closing. The latter proposal can be carried by a simple majority of those voting; but to secure entire prohibition there must be a majority of two-thirds. Whatever way the electors decide would remain in force for three years; but at the end of that time the question might be re-opened by a similar pet.i.tion, and a fresh poll held. But when prohibition had been carried it could only be repealed by a two-third vote against it. The electoral areas were very small, each ward in a borough divided into wards being a separate district. No compensation was provided; but the clauses for prohibition were not to come into effect until three years after the pa.s.sing of the Act. The prohibition was not to affect railway refreshment-rooms, hotels, or eating-houses.
The Bill caused considerable excitement; but there was a noticeable difference in its reception and in that accorded to Mr. Bruce"s Bill of 1871. In 1871 the working men were on the whole opposed to restriction; in 1893 they were largely in favour of it. A demonstration called by "the trade" at Trafalgar Square against the Bill was swamped by friends of it, who carried resolutions by overwhelming majorities in its favour. The change of att.i.tude of the working cla.s.ses is very likely partly due to political partisanship; but still it is a notable fact, and makes the way for temperance reform much smoother than it otherwise would have been.
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, ent.i.tled 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 ent.i.tled 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 ent.i.tled 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.
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 circ.u.mstances 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".