the Week of Proper 28 / Ordinary 33
Click here to learn more!
Bible Encyclopedias
Liquor Laws
1911 Encyclopedia Britannica
or [UNITED KINGDOM
In most Western countries the sale of alcoholic liquor is regulated by law. The original and principal object is to check the evils arising from the immoderate use of such liquor, in the interest of public order, morality and health; a secondary object is to raise revenue from the traffic. The form and the stringency of the laws passed for these purposes vary very widely in different countries according to the habits of the people and the state of public opinion. The evils which it is desired to check are much greater in some countries than in others. Generally speaking they are greater in northern countries and cold 2nd damp climates than in southern and more sunny ones. Climate has a marked influence on diet for physiological reasons over which we have no control. The fact is attested by universal experience and is perfectly natural and inevitable, though usually ignored in those international comparisons of economic conditions and popular customs which have become so common. It holds good both of food and drink. The inhabitants of south Europe are much less given to alcoholic excess than those of central Europe, who again are more temperate than those of the north. There is even a difference between localities so near together as the east and west of Scotland. The chairman of the Prison Commissioners pointed out before a British royal commission in the year 1897 the greater prevalence of drunkenness in the western half, and attributed it in part to the dampness of the climate on the western coast. But race also has an influence. The British carry the habit of drinking wherever they go, and their colonial descendants retain it even in hot and dry climates. The Slav peoples and the Magyars in central Europe are much more intemperate than the Teutonic and Latin peoples living under similar climatic conditions. These natural differences lead, in accordance with the principle discerned and enunciated by Montesquieu, to the adoption of different laws, which vary with the local conditions. But social laws of this character also vary with the state of public opinion, not only in different countries but in the same country at different times. The result is that the subject is in a state of incessant flux. There are not only many varieties of liquor laws, but also frequent changes in them, and new experiments are constantly being tried. The general tendency is towards increased stringency, not so much because the evils increase, though that happens in particular places at particular times, as because public opinion moves broadly towards increasing condemnation of excess and increasing reliance on legislative interference. The first is due partly to a general process of refining manners, partly to medical influence and the growing attention paid to health; the second to a universal tendency which seems inherent in democracy.
Liquor laws may be classified in several ways, but the most useful way for the present purpose will be to take the principal methods of conducting the traffic as they exist, under four main headings, and after a brief explanation give some account of the laws in the principal countries which have adopted them. The four methods are: (I) licensing or commercial sale for private profit under a legal permit; (2) sale by authorized bodies not for private profit, commonly known as the Scandinavian or company system; (3) state monopoly; (4) prohibition. It is not a scientific classification, because the company system is a form of licensing and prohibition is no sale at all; but it follows the lines of popular discussion and is more intelligible than one of a more technical character would be. All forms of liquor* legislation deal mainly with retail sale, and particularly with the sale for immediate consumption on the spot.
1. Licensing
This is by far the oldest and the most widely adopted method; it is the one which first suggests itself in the natural course of things. Men begin by making and selling a thing without let or hindrance to please themselves. Then objections are raised, and when they are strong or general enough the law interferes in the public interest, at first mildly; it says in effect - This must not go on in this way or to this extent; there must be some control, and permission will only be given to duly authorized persons. Such persons are licensed or permitted to carry on the traffic under conditions, and there is obviously room for infinite gradations of strictness in granting permission and infinite variety in the conditions imposed. The procedure may vary from mere notification of the intention to open an establishment up to a rigid and minutely detailed system of annual licensing laid down by the law. But in all cases, even when mere notification is required, the governing authority has the right to refuse permission or to withdraw it for reasons given, and so it retains the power of control. At the same time holders of the permission may be compelled to pay for the privilege and so contribute to the public revenue. The great merit of the licensing system is its perfect elasticity, which permits adjustment to all sorts of conditions and to the varying demands of public opinion. It is in force in the United Kingdom, which first adopted it, in most European countries, in the greater part of North America, including both the United States and Canada, in the other British dominions and elsewhere.
2. The Scandinavian or Company System
The principle of this method is the elimination of private profit on the ground that it removes an incentive to the encouragement of excessive drinking. A monopoly of the sale of liquor is entrusted to a body of citizens who have, or are supposed to have, no personal interest in it, and the profits are applied to public purposes. The system, which is also called " disinterested management," is adopted in Sweden and Norway; and the principle has been applied in a modified form in England and Finland by the operation of philanthropic societies which, however, have no monopoly but are on the same legal footing as ordinary traders.
3. State Monopoly
As the name implies, this system consists in retaining the liquor trade in the hands of the state, which thus secures all the profit and is at the same time able to exercise complete control. It is adopted in Russia, in certain parts of the United States and, in regard to the wholesale trade, in Switzerland.
4. Prohibition
This may be general or local; in the latter case it is called " local option " or " local veto." The sale of liquor is made illegal in the hope of preventing drinking altogether or of diminishing it by making it more difficult. General prohibition has been tried in some American states, and is still in force in a few; it is also applied to native races, under civilized rule, both in Africa and North America. Local prohibition is widely in force in the United States, Canada and Australasia, Sweden and Norway. In certain areas in other countries, including the United Kingdom, the sale of liquor is in a sense prohibited, not by the law, but by the owners of the property who refuse to allow any public-houses. Such cases have nothing to do with the law, but they are mentioned here because reference is often made to them by advocates of legal prohibition.
THE UNITED KINGDOM England has had a very much longer experience of liquor legislation than any other country, and the story forms an introduction necessary to the intelligent comprehension of liquor legislation in general. England adopted a licensing system in 155r, and has retained it, with innumerable modifications, ever since. The English were notorious for hard drinking for centuries before licensing was adopted, and from time to time sundry efforts had been made to check it, but what eventually compelled the interference of the law was the growth of crime and disorder associated with the public-houses towards the end of the 15th century. Numbers of men who had previously been engaged in the civil wars or on the establishment of feudal houses were thrown on the world and betook themselves to the towns, particularly London, where they frequented the alehouses, " dicing and drinking," and lived largely on violence and crime. An act was passed in 1495 against vagabonds and unlawful games, whereby justices of the peace were empowered to " put away common ale-selling in towns and places where they should think convenient and to take sureties of keepers of ale-houses in their good behaviour." That was the beginning of statutory control of the trade. The act clearly recognized a connexion between public disorder and public-houses. The latter were ale-houses, for at that time ale was the drink of the people; spirits had not yet come into common use, and wine, the consumption of which on the premises was prohibited in 1552, was only drunk by the wealthier classes.
Early History of Licensing
The act of 1551-1552, which introduced licensing, was on the same lines but went further. It confirmed the power of suppressing common ale-selling, and enacted that no one should be allowed to keep a common alehouse or " tippling " house without obtaining the permission of the justices in open session or of two of their number. It further " directed that the justices should take from the persons whom they licensed such bond and surety by recognisance as they should think convenient, and empowered them in quarter session to inquire into and try breaches by licensed persons of the conditions of their recognisances and cases of persons keeping ale-houses without licences and to punish the offenders " (Bonham Carter, Royal Commission on Liquor Licensing Laws, vol. iii.). This act embodied the whole principle of licensing, and the object was clearly stated in the preamble: " For as much as intolerable hurts and troubles to the commonwealth of this realm doth daily grow and increase through such abuses and disorders as are had and used in common ale-houses and other places called tippling houses." The evil was not due merely to the use of alcoholic liquor but to the fact that these houses, being public-houses, were the resort of idle and disorderly characters. The distinction should be borne in mind.
The act seems to have been of some effect, for no further legislation was attempted for half a century, though there is.
abundant evidence of the intemperate habits of all classes. Mr Bonham Carter (loc. cit.) observes: " The recognisances referred to in the act were valuable instruments for controlling the conduct of ale-house keepers. The justices, in exercise of their discretion, required the recognisances to contain such conditions for the management and good order of the business as they thought suitable. In this way a set of regulations came into existence, many of which were subsequently embodied in acts of Parliament. In some counties general rules were drawn up, which every ale-house keeper was bound to observe." It is interesting to note that among the conditions laid down about this time were the following: Closing at 9 P.M. and during divine service on Sunday; in some cases complete closing on Sunday except to travellers; the licence-holder to notify to the constable all strangers staying for more than a night and not to permit persons to continue drinking or tippling; prohibition of unlawful games, receiving stolen goods and harbouring bad characters; the use of standard measures and prices fixed by law. There was, however, no uniformity of practice in these respects until the 17th century, when an attempt was made to establish stricter and more uniform control by a whole series of acts passed between 1603 and 1627. The evils which it was sought to remedy by these measures were the existence of unlicensed houses, the use of ale-houses for mere drinking and the prevalence of disorder. It was declared that the ancient and proper use of inns and ale-houses was the refreshment and lodging of travellers, and that they were not meant for " entertainment and harbouring of lewd and idle people to spend and consume their money and their time in lewd and drunken manner." Regulations were strengthened for the suppression of unlicensed houses, licences were made annual, and the justices were directed to hold a special licensing meeting once a year (1618). Penalties were imposed on innkeepers for permitting tippling, and also on tipplers and drunkards (1625). In 1634 licensing was first applied to Ireland. Later in the century heavy penalties were imposed for adulteration.
The next chapter in the history of licensing has to do with spirits, and is very instructive. Spirits were not a native product like beer; brandy was introduced from France, gin from the Netherlands and whisky from Ireland; but down to the year 1690 the consumption was small. The home manufacture was strictly limited, and high duties on imported spirits rendered them too dear for the general public unless smuggled. Consequently the people had not acquired the taste for them. But in 1690 distilling was thrown open to any one on the payment of very trifling duties, spirits became extremely cheap and the consumption increased with great rapidity. Regulation of the retail traffic was soon found to be necessary, and by an act passed in 1700-1701, the licensing requirements already existing for ale-house keepers were extended to persons selling distilled liquors for consumption on the premises. A new class of publichouses in the shape of spirit bars grew up. In the year 1732 a complete and detailed survey of all the streets and houses in London was carried out by William Maitland, F.R.S. Out of a total of 95,968 houses he found the following: brew-houses 171, inns 207, taverns 447, ale-houses 5975, brandy-shops 8659; total number of licensed houses for the retail sale of liquor 15,288, of which considerably more than one-half were spirit bars. The population was about three-quarters of a million. About one house in every six was licensed at this time, and that in spite of attempts; made to check the traffic by restrictive acts passed in 1728-1729. The physical and moral evils caused by the excessive consumption of spirits were fully recognized; an additional duty of 5s. a gallon was placed on the distiller, and retailers were compelled to take out an excise licence of £20 per annum. The object was to make spirits dearer and therefore less accessible. At the same time, with a view to lessening the number of houses, the licensing procedure of the justices was amended by the provision that licences should only be granted at a general meeting of the justices acting in the division where the applicant resided, thus abolishing the power conferred by the original licensing act, of any two justices to grant a licence. This change, effected in 1729, was a permanent improvement, though it did not prevent the existence of the prodigious numbers of houses recorded by Maitland in 1732. The attempt to make spirits dearer by high excise duties, on the other hand, was adjudged a failure because it led to illicit trade, and the act of 1728 was repealed in 1732. But the evil was so glaring that another and more drastic attempt in the same direction was made in 1736, when the famous Gin Act was passed in response to a petition presented to parliament by the Middlesex magistrates, declaring " that the drinking of geneva and other distilled waters had for some years past greatly increased; that the constant and excessive use thereof had destroyed thousands of His Majesty's subjects; that great numbers of others were by its use rendered unfit for useful labour, debauched in morals and drawn into all manner of vice and wickedness... ." The retailing of spirits in quantities of less than 2 gallons was made subject to a licence costing 5 o and the retailer had also to pay a duty of 20S. on every gallon sold. This experiment in " high licensing " was a disastrous failure, though energetic attempts were made to enforce it by wholesale prosecutions and by strengthening the regulations against evasion. Public opinion was inflamed against it, and the only results were corruptions of the executive and an enormous increase of consumption through illicit channels. The consumption of spirits in England and Wales nearly doubled between 1 733 and 1742, and the state of things was so intolerable that after much controversy the high duties were repealed in 1742 with the object of bringing the trade back into authorized channels; the cost of a licence was reduced from 50 to 1 and the retail duty from 20S. to id. a gallon.
This period witnessed the high-water mark of intemperance in England. From various contemporary descriptions it is abundantly clear that the state of things was incomparably worse than anything in modern times, and that women, whose participation in the practice of drinking and frequenting publichouses is recorded by writers in the previous century, were affected as well as men. The experience is particularly instructive because it includes examples of excess and deficiency of opportunities and the ill effects of both on a people naturally inclined to indulgence in drink. It was followed by more judicious action, which showed the adaptability of the licensing system and the advantages of a mean between laxity and severity. Between 1743 and 1753 acts were passed which increased control in a moderate way and proved much more successful than the previous measures. The retail licence duty was moderately raised and the regulations were amended and made stricter. The class of houses eligible for licensing was for the first time taken into account, and the retailing of spirits was only permitted on premises assessed for rates and, in London, of the annual value of 10; justices having an interest in the trade were excluded from licensing functions. Another measure which had an excellent effect made " tippling " debts - that is, small public-houses debts incurred for spirits - irrecoverable at law. The result of these measures was that consumption diminished and the class of houses improved. At the same time (1753) the general licensing provisions were strengthened and extended. The distinction between new licences and the renewal of old ones was for the first time recognized; applicants for new licences in country districts were required to produce a certificate of character from the clergy, overseers and church-wardens or from three or four householders. The annual licensing sessions were made statutory, and the consent of a justice was required for the transfer of a licence from one person to another during the term for which it was granted. Penalties for infringing the law were increased, and the licensing system was extended to Scotland (1755-1756). With regard to wine, it has already been stated that consumption on the premises was forbidden in 1552, and at the same time the retail sale was restricted to towns of some importance and the number of retailers, who had to obtain an appointment from the corporation or the justices, was strictly limited. In 1660 consumption on the premises was permitted under a Crown (excise) licence, good for a variable term of years; in 1756 this was changed to an annual excise licence of fixed amount, and in 1792 wine was brought under the same jurisdiction of the justices as other liquors.
It is clear from the foregoing that a great deal of legislation occurred during the 18th century, and that by successive enactments, particularly about the middle of the century, the licensing system gradually became adjusted to the requirements of the time and took a settled shape. The acts then passed still form the basis of the law. In the early part of the 19th century another period of legislative activity set in. A parliamentary inquiry into illicit trade in spirits took place in 1821, and in 1828 important acts were passed amending and consolidating the laws for England and for Scotland; in 1833 a general Licensing Act was passed for Ireland. These are still the principal acts, though they have undergone innumerable amendments and additions. The English act of 1828 introduced certain important changes. A licence from the justices was no longer required for the sale of liquor for consumption off the premises, and the power of the justices to suppress public-houses at their discretion (apart from the annual licensing), which they had possessed since 1495, was taken away. The removal of this power, which had long been obsolete, was the natural corollary of the development of the licensing system, its greater stringency and efficiency and the increase of duties imposed on the trade. Men on whom these obligations were laid, and who were freshly authorized to carry on the business every year, could not remain liable to summary deprivation of the privileges thus granted and paid for. The justices had absolute discretion to withhold licences from an applicant whether new or old; but an appeal was allowed to quarter sessions against refusal and also against conviction for offences under the act. The main points in the law at this time were the following. The sale of alcoholic liquors for consumption on the premises was forbidden under penalties except to persons authorized according to law by the justices. Licences were granted for one year and had to be renewed annually. The justices held a general meeting each year at a specified time for the purpose of granting licences; those peculiarly interested in the liquor trade were disqualified. The licence contained various provisions for regulating the conduct of the house and maintaining order, but closing was only required during the hours of divine service on Sunday. Applicants for new licences and for the transfer of old ones (granted at a special sessions of the justices) were required to give notice to the local authorities and to post up notices at the parish church and on the house concerned.
Excise Licences
It will be convenient at this point to explain the relation between that part of the licensing system which is concerned with the conduct of the traffic and lies in the jurisdiction of the justices and that part which has to do with taxation or revenue. The former is the earlier and more important branch of legislative interference; we have traced its history from 1495 down to 1828. Its object from the beginning was the maintenance of public order and good conduct, which were impaired by the misuse of public-houses; and all the successive enactments were directed to that end. They were attempts to suppress or moderate the evils arising from the traffic by regulating it. The excise licensing system has nothing to do with public order or the conduct of the traffic; its object is simply to obtain revenue, and for a long time the two systems were quite independent. But time and change gradually brought them into contact and eventually they came to form two aspects of one unified system. Licensing for revenue was first introduced in 1660 at the same time as duties on the manufacture of beer and spirits; but it was of an irregular character and was only applied to wine, which was not then under the jurisdiction of the justices at all (see above). In 1710 a small annual tax was imposed on the retailers of beer and ale and collected by means of a stamp on the justices' licence. In 1728 an annual excise licence of 2 0 was imposed on retailers of spirits, and in 1736 this was raised to X50 (see above). The object of these particular imposts, however, was rather to check the sale, as previously explained, than to secure revenue. In 1756 the previous tax on the retail sale of wine for consumption on the premises was changed to an annual excise licence, which was in the next year extended to " made wines " and " sweets " (British wines). Similar licences, in place of the previous stamps, were temporarily required for beer and ale between 1725 and i 742 and permanently imposed in 1808. Thus the system of annual excise licences became gradually applied to all kinds of liquor. In 1825 the laws relating to them were consolidated and brought into direct relation with the other licensing laws. It was enacted that excise licences for the retail of liquor should only be granted to persons holding a justices' licence or - to use the more correct term - certificate. The actual permission to sell was obtained on payment of the proper dues from the excise authorities, but they had no power to withhold it from persons authorized by the justices. And that was still the system in 1910.
Licensing since 1828. - There was no change in the form of the British licensing system between the consolidation of the law in1825-1828and the time (1910) at which we write; but there were a great many changes in administrative detail and some changes in principle. Only the most important can be mentioned. In 1830 a bold experiment was tried in exempting the sale of beer from the requirement of a justice's licence. Any householder rated to the parish was entitled, under a bond with sureties, to take out an excise licence for the sale of beer for consumption on or off the premises. This measure, which applied to England and was commonly known as the Duke of Wellington's Act, had two objects; one was to encourage the consumption of beer in the hope of weaning the people from spirits; the other was to counteract the practice of " tieing " public-houses to breweries by creating free ones. With regard to the first, it was believed that spirit-drinking was increasing again at the time and was doing a great deal of harm. The reason appears to have been a great rise in the returns of consumption, which followed a lowering of the duty on spirits from xis. 84d. to 7s. a gallon in 1825. The latter step was taken because of the prevalence of illicit distillation. In 1823 the duty had been lowered for the same reason in Scotland from 6s. 2d. and in Ireland from 5s. 7d. to a uniform rate of 2S. 4d. a gallon, with so much success in turning the trade from illegal to legal channels that a similar change was thought advisable in England, as stated. The legal or apparent consumption rose at once from 7 to nearly 13 million gallons; but it is doubtful if there was much or any real increase. According to an official statement, more than half the spirits consumed in 1820 were illicit. The facts are of much interest in showing what had already been shown in the 18th century, that the liquor trade will not bear unlimited taxation; the traffic is driven underground. It is highly probable that this accounts for part of the great fall in consumption which followed the raising of the spirit duty from I's. to 14s. 9d. under Mr Lloyd George's Budget in 1909. With regard to " tied " houses, this is the original form of publichouse. When beer was first brewed for sale a " tap " for retail purposes was attached to the brewery, and public-houses may still be found bearing the name " The Brewery Tap." At the beginning of the x9th century complaints were made of the increasing number of houses owned or controlled by breweries and of the dependence of the licence-holders, and in 1817 a Select Committee inquired into the subject. The Beerhouse Act does not appear to have checked the practice or to have diminished the consumption of spirits; but it led to a great increase in the number of beer-houses. It was modified in 1834 and 1840, but not repealed until 1869, when beer-houses were again brought under the justices.
Most of the other very numerous changes in the law were concerned with conditions imposed on licence-holders. The hours of closing are the most important of these. Apart from the ancient regulations of closing during divine service on Sunday, there were no restrictions in 1828; but after that at least a dozen successive acts dealt with the point. The first important measure was applied in London under a Police Act in 1839; it ordered licensed houses to be closed from midnight on Saturday to mid-day on Sunday, and produced a wonderful effect on public order. In 1853 a very important act (Forbes Mackenzie) was passed for Scotland, by which sale on Sunday was wholly forbidden, except to travellers and lodgers, and was restricted, on week days to the hours between 8 A.M. and i i P.M. This act also introduced a distinction between hotels, public-houses and grocers licensed to sell liquor, and forbade the sale to children under 14 years, except as messengers, and to intoxicated persons. In England, after a series of enactments in the direction of progressive restriction, uniform regulations as to the hours of opening and closing for licensed premises were applied in 1874, and are still in force (see below). In 1878 complete Sunday closing, as in Scotland, was applied in Ireland, with the exemption of the five largest towns, Dublin, Belfast, Cork, Limerick and Waterford; and in 1881 the same provision was extended to Wales.
Other changes worthy of note are the following. In 1860 the free sale of wine for consumption off the premises was introduced by the Wine and Refreshment Houses Act, which authorized any shopkeeper to take out an excise licence for this purpose; the licences so created were subsequently known as grocers' licences. By the same act refreshment houses were placed under certain restrictions, but were permitted to sell wine for consumption on the premises under an excise licence. In 1861 spirit dealers were similarly authorized to sell spirits by the bottle. The effect of these measures was to exempt a good deal of the wine and spirit trade from the control of the justices, and the idea was to wean people from public-house drinking by encouraging them to take what they wanted at home and in eating-houses.
In 1869 this policy of directing the habits of the people into channels thought to be preferable, which had been inaugurated in 1830, was abandoned for one of greater stringency all round, which has since been maintained. All the beer and wine retail licences were brought under the discretion of the justices, but they might only refuse "off " licences and the renewal of previously existing beer-house " on " licences upon specified grounds, namely (1) unsatisfactory character, (2) disorder, (3) previous misconduct, (4) insufficient qualification of applicant or premises. In 1872 an important act further extended the policy of restriction; new licences had to be confirmed, and the right of appeal in case of refusal was taken away; penalties for offences were increased and extended, particularly for public drunkenness, and for permitting drunkenness; the sale of spirits to persons under 16 was prohibited. In 1876 many of these provisions were extended to Scotland. In 1886 the sale of liquor for consumption on the premises was forbidden to persons under 13 years. In 1901 the sale for " off " consumption was prohibited to persons under 14, except in sealed vessels; this is known as the Child Messenger Act. These measures for the protection of children were extended in 1908 by an act which came into operation in April 1909, excluding children under 14 from the public-house bars altogether. The progressive protection of children by the law well illustrates the influence of changing public opinion. The successive measures enumerated were not due to increasing contamination of children caused by their frequenting the public-house, but to recognition of the harm they sustain thereby. The practice of taking and sending children to the public-house, and of serving them with drink, is an old one in England. A great deal of evidence on the subject was given before a Select Committee of the House of Commons in 1834; but it is only in recent years, when the general concern for children has undergone a remarkable development in all directions, that attempts have been made to stop it. In 1902 clubs, which had been increasing, and habitual drunkards, were brought under the law.
In 1904 a new principle was introduced into the licensing system in England, and this, too, was due to change in public opinion. Between 1830 and 1869, under the influence of the legislation described above, a continuous increase in the number of public-houses took place in England; but after 1869 they began to diminish through stricter control, and this process has gone on continuously ever since. Reduction of numbers became a prime object with many licensing benches; they were reluctant to grant new licences, and made a point of extinguishing old ones year by year. At first this was easily effected under the new and stringent provisions of the legislation of 1869-1872, but it gradually became more difficult as the worst houses disappeared and the remaining ones were better conducted, and gave less and less excuse for interference. But the desire for reduction still gained ground, and a new principle was adopted. Houses against which no ill-conduct was alleged were said to be " superfluous," and on that ground licences were taken away. But this, again, offended the general sense of justice; it was felt that to take away a man's living or a valuable property for no fault of his own was to inflict a great hardship. To meet the difficulty the principle of compensation was introduced by the act of 1904. It provides that compensation shall be paid to a licence-holder (also to the owner of the premises) whose licence is withdrawn on grounds other than misconduct of the house or unsuitability of premises or of character. The compensation is paid out of a fund raised by an annual charge on the remaining licensed houses. This act has been followed by a large reduction of licences.
State of the Law in 1910
In consequence of the long history and evolution of legislation in the United Kingdom and of the innumerable minor changes introduced, only a few of which have been mentioned above, the law has become excessively complicated. The differences between the English, Scottish and Irish codes, the distinction between the several kinds of liquor, between consumption on and off the premises, between new licences and the renewal of old ones, between premises licensed before 1869 and those licensed since, between excise and justices' licences - all these and many other points make the subject exceedingly intricate; and it is further complicated by the uncertainty of the courts and a vast body of case-made law. Only a summary of the chief provisions can be given here.
1. The open sale of intoxicating liquor (spirits, wine, sweets, beer, cider) by retail is confined to persons holding an excise licence, with a few unimportant exceptions, including medicine.
2. A condition precedent to obtaining such a licence is permission granted by the justices who are the licensing authority and called a justices' licence or certificate. Theatres, passenger boats and canteens are exempted from this condition; also certain dealers in spirits and wine.
3. Justices' licences are granted at special annual meetings of the local justices, called Brewster Sessions. Justices having a pecuniary interest in the liquor trade of the district, except as railway shareholders, are disqualified from acting; " bias " due to other interests may also be a disqualification.
4. Justices' licences are only granted for one year and must be renewed annually, with the exception of a particular class, created by the act of 1904 and valid for a term of years. Distinctions are made between granting a new licence and renewing an old one. The proceedings are stricter and more summary in the case of a new licence; notice of application must be given to the local authorites; the premises must be of a certain annual value; a plan of the premises must be deposited beforehand in the case of an " on " licence; the justices may impose conditions and have full discretion to refuse without any right of appeal; the licence, if granted, must be confirmed by a higher authority. In the case of old licences on the other hand, no notice is required; they are renewed to the former holders on application, as a matter of right; unless there is opposition or objection, which may come from the police or from outside parties or from the justices themselves. If there is objection the renewal may be refused, but only on specified grounds - namely misconduct, unfitness of premises or character, disqualification; otherwise compensation is payable on the plan explained above. There is a right of appeal to a higher court against refusal. In all cases, whether the justices have full discretion or not, they must exercise their discretion in a judicial manner and not arbitrarily.
5. Licences may be transferred from one person to another in case of death, sickness, bankruptcy, change of tenancy, wilful omission to apply for renewal, forfeiture or disqualification. Licences may also be transferred from one house to another in certain circumstances.
6. A licence may be forfeited through the conviction of the holder of certain specified serious offences.
7. Persons may similarly be disqualified from holding a licence.
8. Liquor may only be sold on the premises specified in the licence and during the following hours: - week-days; London, 5 A.M. to 12.30 P.M. (Saturday, midnight); large towns 6 A.M. to II P.M.; other places 6 A.M. to 10 P.M. - Sundays; London, I P.M. t0 3 P.M., 6 P.M. to II P.M.; other places 12.30 P.M. (or I P.M.) tO 2.30 P.M. (or 3 P.M.), 6 P.M. to Io P.M.; Christmas Day and Good Friday are counted as Sunday. In Scotland, Wales and Ireland (except the five chief towns) no sale is permitted on Sunday. Licence holders may sell during prohibited hours to lodgers staying in the house and to bona-fide travellers, who must be not less than 3 m. from the place they slept in on the previous night. Extension of hours of sale may be granted for special occasions and for special localities (e.g. early markets).
9. The following proceedings are prohibited in licensed premises: permitting children under 14 to be in a bar, selling any liquor to children under 14 for consumption on the premises, selling liquor to children under 14 as messengers except in corked and sealed vessels, selling spirits for consumption on the premises to persons under 16; selling to drunken persons and to habitual drunkards; permitting drunkenness, permitting disorder, harbouri_g prostitutes, harbouring constables, supplying liquor to constables on duty, bribing constables, permitting betting (persistent) or gaming, permitting premises to be used as a brothel, harbouring thieves, permitting seditious meetings; permitting the payment of wagers on premises; permitting premises to be used for election committee rooms. In and within 20 m. of London music and dancing are prohibited on licensed premises except under special licences.
Io. The police have the right of entry to licensed premises at any time for the purpose of preventing or detecting offences.
I 1. The injurious adulteration of any liquor is prohibited; also the dilution of beer; but dilution of spirits is not unlawful if the customer's attention is drawn to the fact.
12. All clubs in which intoxicating liquor is sold must be registered. If the liquor is the collective property of the members no licence is required for retail sale, but no liquor can be sold for consumption off the premises. Clubs run for profit, known as proprietory clubs, are on the same legal footing as publichouses.
13. Penalties incurred by licence-holders for offences under the foregoing provisions. For selling any other kind of liquor than that authorized - first offence, fine not exceeding £50 or one month's imprisonment; second offence, fine not exceeding boo or 3 months' imprisonment with forfeiture of licence and, if ordered, confiscation of liquor and disqualification for five years; third offence, fine not exceeding £Ioo or six months' imprisonment with forfeiture of licence and, if ordered, confiscation of liquor and unlimited disqualification. Under the Excise Acts the penalty for selling without a licence is - for spirits, a fine of £Ioo, confiscation of liquor, forfeiture of licence and perpetual disqualification; for wine, a fine of £20; for beer or cider "on" consumption £20, "off" consumption £Io. For sale to children; first offence, fine up to £2, second offence, fine up to £5, Permitting premises to be used as a brothel, fine of £20, forfeiture of licence and perpetual disqualification. Other offences, fine up to;CIO for first conviction, up to £20 for second.
14. The following are offences on the part of the public. Being found drunk on any highway or other public place or on licensed premises; penalty, fine up to Ios. for first conviction, up to 20S. for second, and up to 40s. for third. Riotous or disorderly conduct while drunk; fine up to 40s. Falsely pretending to be a traveller or lodger; fine up to £5. Causing children to be in a bar or sending them for liquor contrary to the law; fine up to £2 for first and up to £5 for second offence. Attempt to obtain liquor by a person notified to the police as an habitual drunkard; fine up to 20S. for first offence, up to 40s. for subsequent ones. Giving drunken persons liquor or helping them to get it on licensed premises; fine up to 40s. or imprisonment for a month. Causing children under II to sing or otherwise perform on licensed premises, and causing boys under 14 or girls under 16 to do so between 9 P.M. and 6 A.M.; fine up to £25 or three months' imprisonment.
The foregoing statement of the law does not in all respects apply to Scotland and Ireland, where the administration differs somewhat from that of England. In Scotland the provost and bailies are the licensing authority in royal and parliamentary burghs, and elsewhere the justices. They hold two sessions annually for granting licences and have considerably more power in some respects than in England. The hours of opening are from 8 A.M. to II P.M. (week days only), but there is a discretionary power to close at 10 P.M. In Ireland the licensing authority is divided between quarter sessions and petty sessions. Public-house licences are granted and transferred at quarter sessions; renewals and other licences are dealt with at petty sessions. In Dublin, Belfast, Cork, Londonderry and Galway the licensing jurisdiction of quarter sessions is exercised by the recorder, elsewhere by the justices assembled and presided over by the county court judge. The licensing jurisdiction of petty sessions is exercised by two or more justices, but in Dublin by one divisional justice.
| Licence. | Old Duty. | New Duty 1909-1910. | Manufacturers' Licences | Distiller (spirits) | £Io, ios. | £10 for first 50,000 gallons, Do for every additional 25,000 gallons. | Rectifier (spirits) | £10, 10s. | £15, 15s. | Brewer . | £I | £I for first Ioo barrels, 12s. for every additional 50 barrels. | Sweets (British wines) | £I | £5, 5s. | Wholesale Dealers' Licences | Spirits. . | £io, ios. | £15, 15s. | Beer | £3, 6s. id. | £IO, ios. | Wine | £ IO, ios. | No change. | Sweets . | £5, 5s. | No change. | Retail Licences On | Full or Publican's (spirits, beer, wine and | £4, ios. to £60 according to | Half the annual value of premises, with a fixed minimum ranging | cider) | annual value | from £5 in places with less than | of premises. | 2000 inhabitants to £35 in towns having over 100,000 inhabitants. | Beer-house | £3, ios. | One-third of annual value of premises, with a minimum as above ranging from £3, Ios. to £23, 'Ios. ' | Wine (confectioners') | £3, Ios. | From £4, ios. to £12 according to annual value. | Cider | £I, 5s. | From £2, 5s. to £6. | Sweets. . | fi, 5s. | From £2, 5s. to £6. | Retail Licences Off | Spirits . | £3, 3s. | Spirits (grocers', Scotland) Spirits (grocers', Ireland) . | £13, 13s. 6d. £9, 18s. 5d. to | From £IO to £50 according to annual value. | Beer (England) | £I 6s5sd | fi, ios. to Do. | Beer (grocers', Scotland) . | £2, i os. and £4, 4s. | £1, Ios. to DO. | Wine (grocers'). | £2, Ios. od. | £2, Ios. to £IO. Excise Licences and TaxationThe excise licences may be divided into four classes, (I) manufacturers', (2) wholesale dealers', (3) retail dealers' for " on " consumption, (4) retail dealers' for " off " consumption. Only the two last classes come under the jurisdiction of the justices, as explained above. The total number of different excise licences is between 30 and 40, but several of them are subvarieties and unimportant or are peculiar to Scotland or Ireland. The duties charged on them were greatly changed and increased by the Finance Act of 1909-1910, and it seems desirable to state the changes thus introduced. The table on the previous page gives the principal kinds of licence with the old and the new duties. There are in addition " occasional " licences valid for one or more days, which come under the jurisdiction of the justices; the duty is 2s. 6d. a day for the full licence (raised to ios.) and is. for beer or wine only (raised to is.). The total amount raised by the excise licences in the United Kingdom for the financial year ending 31st March 1909 was £2,209,928. Of this amount £1,712,160, or nearly four-fifths, was derived from the full or publicans' licence, £126,053 from the wholesale spirit licence and x;88,167 from the beer-house licence; the rest are comparatively unimportant. But the licences only represent a small part of the revenue derived from liquor. The great bulk of it is collected by means of duties on manufacture and importation. The total amount for the year ending March 1 9 09 was £37,428,189, or nearly 30% of the total taxation revenue of the country. The excise duties on the manufacture of spirits yielded £17,456,366 and those on beer £12,691,332; customs duties on importation yielded £5,046,949. The excise duty on spirits was at the rate of 11s. a gallon, raised at the end of April 1909 to 14s. 9d.; the corresponding duty on beer is 7s. 9d. a barrel (36 gallons). The relative taxation of the liquor trade in the United States, which has become important as a political argument, is discussed below. Effects of LegislationThe only effects which can be stated with precision and ascribed with certainty to legislation are the increase or diminution of the number of licences or licensed premises; secondary effects, such as increase or diminution of consumption and of drunkenness, are affected by so many causes that only by a very careful, well-informed and dispassionate examination of the facts can positive conclusions be drawn with regard to the influence of legislation (see Temperance). There is no more prolific ground for fallacious statements and arguments, whether unconscious or deliberate. The course of legislation traced above, however, does permit the broad conclusion that great laxity and the multiplication of facilities tend to increase drinking and disorder in a country like the United Kingdom, and that extreme severity produces the same or worse effects by driving the trade into illicit channels, which escape control, and thus really increasing facilities while apparently diminishing them. The most successful course has always been a mean between these extremes in the form of restraint judiciously applied and adjusted to circumstances. The most salient feature of the situation as influenced by the law in recent years is the progressive reduction in the number of licensed houses since 1869. Previously they had been increasing in England.
|
