+-------------------------------+--------------------+------------------------------+

| Licence. | Old Duty. | New Duty 1909-1910. |

+-------------------------------+--------------------+------------------------------+

|_Manufacturers' Licences_-- | | |

| Distiller (spirits) | £10, 10s. | £10 for first 50,000 |

| | | gallons, £10 for every |

| | | additional 25,000 gallons. |

| Rectifier (spirits) | £10, 10s. | £15, 15s. |

| Brewer | £1 | £1 for first 100 barrels, |

| | | 12s. for every additional |

| | | 50 barrels. |

| Sweets (British wines) | £1 | £5, 5s. |

| | | |

|_Wholesale Dealers' Licences_--| | |

| Spirits | £10, 10s. | £15, 15s. |

| Beer | £3, 6s. 1d. | £10, 10s. |

| Wine | £10, 10s. | No change. |

| Sweets | £5, 5s. | No change. |

| | | |

|_Retail Licences On_-- | | |

| Full or Publican's | £4, 10s. to £60 | Half the annual value of |

| (spirits, beer, wine and | according to | premises, with a fixed |

| cider) | annual value | minimum ranging from £5 in |

| | of premises. | places with less than |

| | | 2000 inhabitants to £35 in |

| | | towns having over 100,000 |

| | | inhabitants. |

| Beer-house | £3, 10s. | One-third of annual value |

| | | of premises, with a |

| | | minimum as above ranging |

| | | from £3, 10s. to £23, 10s. |

| Wine (confectioners') | £3, 10s. | From £4, 10s. to £12 |

| | | according to annual value. |

| Cider | £1, 5s. | From £2, 5s. to £6. |

| Sweets | £1, 5s. | From £2, 5s. to £6. |

| | | |

|_Retail Licences Off_-- | | |

| Spirits | £3, 3s. /| |

| Spirits (grocers', Scotland) | £4, 4s. to | | From £10 to £50 according to |

| | £13, 13s. 6d. < | annual value. |

| Spirits (grocers', Ireland) | £9, 18s. 5d. to | | |

| | £14, 6s. 7d. \| |

| Beer (England) | £1, 5s. | £1, 10s. to £10. |

| Beer (grocers', Scotland) |£2, 10s. and £4, 4s.| £1, 10s. to £10. |

| Wine (grocers') | £2, 10s. 0d. | £2, 10s. to £10. |

+-------------------------------+--------------------+------------------------------+

_Excise Licences and Taxation._--The excise licences may be divided into

four classes, (1) 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 10s.) and 1s. for beer or wine only

(raised to 5s.).

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

£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 1909 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 Legislation._--The 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.

The number of public-houses, including beer-houses for "on" consumption,

in 1831 was 82,466; in 1869 it had risen to 118,602; in 1909 it had

fallen again to 94,794. But if the proportion of public-houses to

population be taken there has been a continuous fall since 1831, as the

following table shows:--

_England and Wales._

+--------+----------------+---------------+

| | No. of | Proportion |

| Year. | "on" Licences. | per 10,000 of |

| | | Population. |

+--------+----------------+---------------+

| 1831 | 82,466 | 59 |

| 1871 | 112,886 | 49 |

| 1901 | 101,940 | 31 |

| 1909 | 94,794 | 26 |

+--------+----------------+---------------+

The change may be put in another way. In 1831 there was one public-house

to 168 persons; in 1909 the proportion was 1 to 375. The proportional

reduction goes back to the 18th century. In 1732 there was in London one

public-house to every 50 persons (see above).

In Scotland the number of public-houses has been diminishing since 1829,

when there were 17,713; in 1909 there were only 7065, while the

population had more than doubled. The number in proportion to population

has therefore fallen far more rapidly than in England, thus--1831, 1 to

134 persons; 1909, 1 to 690 persons. In Ireland the story is different.

There has been a fall in the number of public-houses since 1829, when

there were 20,548; but it has not been large or continuous and the

population has been steadily diminishing during the time, so that the

proportion to population has actually increased, thus--1831, 1 to 395

persons; 1909, 1 to 249 persons. As a whole, however, the United Kingdom

shows a large and progressive diminution of public-houses to population;

nor is this counterbalanced by an increase of "off" licences. If we take

the whole number of licences we get the following movement in recent

years:--

_No. of Retail Licences ("on" and "off") per 10,000 of Population._

+-------------------+-------+-------+-------+

| | 1893. | 1903. | 1909. |

+-------------------+-------+-------+-------+

| England and Wales | 46 | 42 | 37 |

| Scotland | 37 | 33 | 30 |

| Ireland | 41 | 46 | 45 |

| United Kingdom | 45 | 42 | 37 |

+-------------------+-------+-------+-------+

The diminution in the number of public-houses in England was markedly

accelerated by the act of 1904, which introduced the principle of

compensation. The average annual rate of reduction in the ten years

1894-1904 before the act was 359; in the four years 1905-1908; after the

act it rose to 1388. The average annual number of licences suppressed

with compensation was 1137, and the average annual amount of

compensation paid was £1,096,946, contributed by the trade as explained

above.

The reduction of public-houses has been accompanied in recent years by a

constant increase in the number of clubs. By the act of 1902, which

imposed registration, they were brought under some control and the

number of legal clubs was accurately ascertained. Previously the number

was only estimated from certain _data_ with approximate accuracy. The

following table gives the official figures:--

_Clubs: England and Wales._

+--------------+------+------+------+------+------+------+------+------+

| | 1887.| 1896.| 1904.| 1905.| 1906.| 1907.| 1908.| 1909.|

+--------------+------+------+------+------+------+------+------+------+

| Number | 1982 | 3655 | 6371 | 6589 | 6721 | 6907 | 7133 | 7353 |

| Proportion | | | | | | | | |

| per 10,000 | 0.7 | 1.1 | 1.89 | 1.93 | 1.95 | 1.98 | 2.02 | 2.08 |

+--------------+------+------+------+------+------+------+------+------+

Clubs represent alternative channels to the licensed trade and they are

under much less stringent control; they have no prohibited hours and the

police have not the same right of entry. In so far, therefore, as clubs

replace public-houses the reduction of the latter does not mean

diminished facilities for drinking, but the contrary. In the years

1903-1908 the average number of clubs proceeded against for offences was

74 and the average number struck off the register was 52. The increase

of clubs and the large proportion struck off the register suggest the

need of caution in dealing with the licensed trade; over-stringent

measures defeat their own end.

Persistent attempts have for many years been made to effect radical

changes in the British system of licensing by the introduction of some

of the methods adopted in other countries, and particularly those in the

United States. But it is difficult to engraft new and alien methods,

involving violent change, upon an ancient system consolidated by

successive statutory enactments and confirmed by time and usage. The

course of the law and administration since 1869 has made it particularly

difficult. The stringent conditions imposed on licence-holders have

given those who fulfil them a claim to consideration, and the reduction

of licences, by limiting the market, has enhanced their value. An

expectation of renewal, in the absence of misconduct, has grown up by

usage and been confirmed by the law, which recognizes the distinction

between granting a new licence and renewing an old one, by the treasury

which levies death duties on the assumption that a licence is an

enduring property, by local authorities which assess upon the same

assumption, and by the High Courts of Justice, whose decisions have

repeatedly turned on this point. The consequence of all this is that

very large sums have been invested in licensed property, which has

become part of the settled order of society; and to destroy it by some

sudden innovation would cause a great shock. The position is entirely

different in other countries where no such control has ever been

exercised. It is possible to impose a new system where previously there

was none, but not to replace suddenly an old and settled one for

something entirely different. Only the most convincing proof of the need

and the advantages of the change would justify it; and such proof has

not been forthcoming. The British system has the great merit of

combining adaptability to different circumstances and to changing

customs with continuity and steadiness of administration. The advantages

of abandoning it for some other are more than doubtful, the difficulties

are real and serious. Over a very long period it has been repeatedly

readjusted in conformity with the movement of public opinion and of

national habits; while under it the executive have gradually got the

traffic well in hand, and a great and progressive improvement in order

and conduct has taken place. The process is gradual but sure, and the

record will compare favourably with that of any other comparable

country. Further readjustment will follow and is desirable. The great

defect of the law is its extreme complexity; it needs recasting and

simplification. There are too many kinds of licence, and the

classification does not correspond with the actual conditions of the

traffic. Some licences are obsolete and superfluous; others make no

distinction between branches of the trade which fulfil entirely

different functions and require different treatment. The full or

publican's licence, which is incomparably the most important, places on

the same legal footing hotels, restaurants, village inns and mere

drinking bars, and the lack of distinction is a great stumbling-block.

In the attempt made in 1908 to introduce new legislation it was found

necessary to incorporate distinctions between different classes of

establishment, although that was not contemplated in the original bill.

It will always be found necessary whenever the subject is seriously

approached, because the law has to deal with things as they actually

are. It does not fall within the scope of this article to discuss the

numerous controversial questions which arise in connexion with various

legislative proposals for dealing with the liquor traffic; but an

account of the methods which it has been proposed to adopt from other

countries will be found below.

THE UNITED STATES

The liquor legislation of the United States presents a great contrast to

that of the United Kingdom, but it is not less interesting in an

entirely different way. In place of a single homogeneous system

gradually evolved in the course of centuries it embraces a whole series

of different ones based on the most diverse principles and subject to

sudden changes and frequent experiments. It is not sufficiently

understood in Europe that the legislatures of the several states are

sovereign in regard to internal affairs and make what laws they please

subject to the proviso that they cannot over-ride the Federal law. There

is therefore no uniformity in regard to such matters as liquor

legislation, and it is a mistake to speak of any particular system as

representing the whole country. The United States government only

interferes with the traffic to tax it for revenue, and to regulate the

sale of liquor to Indians, to soldiers, etc. The liquor traffic is

subject--whether in the form of manufacture, wholesale or retail

trade--to a uniform tax of 25 dollars (£5) per annum imposed on every

one engaged in it. Congress, under the constitution, controls interstate

commerce, and the Supreme Court has decided that without its consent no

state can prevent a railway or other carrying agency from bringing

liquor to any point within its borders from outside. Thus no state can

keep out liquor or prevent its consumption, but any state legislature

may make what internal regulations it pleases and may prohibit the

manufacture and sale altogether within its own borders. It may go

further. In 1887 a judgment was delivered by the Supreme Court of the

United States that it is within the discretionary power of a state to

protect public health, safety and morals even by the destruction of

property without compensation, and that the constitution of the United

States is not thereby violated. Use has been made of this power in

Kansas, and it appears therefore that persons who engage in the liquor

trade do so at their own risk. There is in fact no stability at all

except in a few states which have incorporated some principle in their

constitutions, and even that does not ensure continuity of practice, as

means are easily found for evading the law or substituting some other

system which amounts to the same thing. As a whole the control of the

liquor traffic oscillates violently between attempted suppression and

great freedom combined with heavy taxation of licensed houses.

In the great majority of the states some form of licensing exists; it is

the prevailing system and was adopted, no doubt from England, at an

early period. It is exercised in various ways. The licensing authority

may be the municipality or a specially constituted body or the police or

a judicial body. The last, which is the method in Pennsylvania, seems to

be exceptional. According to Mr Fanshawe there is a general tendency,

due to the prevailing corruption, to withdraw from municipal authorities

power over the licensing, and to place this function in the hands of

commissioners, who may be elected or nominated. In New York state the

licensing commissioners used to be nominated in cities by the mayors and

elected elsewhere; but by the Raines law of 1896 the whole

administration was placed under a state commissioner appointed by the

governor with the consent of the Senate. A similar plan is in force in

some important cities in other states. In Boston the licensing is in the

hands of a police board appointed by the governor; in Baltimore and St

Louis the authority is vested in commissioners similarly appointed; and

in Washington the licensing commissioners are appointed by the

president. In Pennsylvania, where the court of quarter sessions is the

authority, the vesting of licensing in a judicial body dates back to

1676 and bears the stamp of English influence. It is noteworthy that in

Philadelphia and Pittsburg (Allegheny county) the judicial court was for

a time given up in favour of commissioners, but the change was a great

failure and abandoned in 1888. The powers of the licensing authority

vary widely; in some cases the only grounds of refusal are conduct and

character, and licences are virtually granted to every applicant; in

others the discretion to refuse is absolute. In Massachusetts the number

of licences allowed bears a fixed ratio to the population, namely 1 to

1000, except in Boston, where it is 1 to 500, but as a rule where

licences are given they are given freely. They are valid for a year and

granted on conditions. The first and most general condition is the

payment of a fee or tax, which varies in amount in different states.

Under the "high licence" system (see below) it generally varies

according to the size of the locality and the class of licence where

different classes are recognized. In Massachusetts there are six

licences; three for consumption on the premises--namely (1) full licence

for all liquors, (2) beer, cider, and light wine, (3) beer and cider;

two for consumption off the premises--namely (1) spirits, (2) other

liquors; the sixth is for druggists. In New York state also there are

six classes of licence, though they are not quite the same; but in many

states there appears to be only one licence, and no distinction between

on and off sale, wholesale or retail. Another condition generally

imposed in addition to the tax is a heavy bond with sureties; it varies

in amount but is usually not less than 2000 dollars (£400) and may be as

high as 6000 dollars (£1200). A condition precedent to the granting of a

licence imposed in some states is the deposit of a petition or

application some time beforehand, which may have to be backed by a

certain number of local residents or tax-payers. In Pennsylvania the

required number is 12, and this is the common practice elsewhere; in

Missouri a majority of tax-payers is required, and the licence may even

then be refused, but if the petition is signed by two-thirds of the

tax-payers the licensing authority is bound to grant it. This seems to

be a sort of genuine local option. Provision is also generally made for

hearing objectors. Another condition sometimes required (Massachusetts

and Iowa) is the consent of owners of adjoining property. In some states

no licences are permitted within a stated distance of certain

institutions; e.g. public parks (Missouri) and schools (Massachusetts).

Regulations imposed on the licensed trade nearly always include

prohibition of sale to minors under 18 and to drunkards, on Sundays,

public holidays and election days, and prohibition of the employment of

barmaids. Sunday closing, which is universal, dates at least from 1816

(Indiana) and is probably much older. The hours of closing on week days

vary considerably but are usually 10 P.M. or 11 P.M. Other things are

often prohibited including indecent pictures, games and music.

_State Prohibition._--In a few states no licences are allowed. State

prohibition was first introduced in 1846 under the influence of a strong

agitation in Maine, and within a few years the example was followed by

the other New England states; by Vermont in 1852, Connecticut in 1854,

New Hampshire in 1855 and later by Massachusetts and Rhode Island. They

have all now after a more or less prolonged trial given it up except

Maine. Other states which have tried and abandoned it are Illinois

(1851-1853), Indiana (1855-1858), Michigan, Iowa, Nebraska, South

Dakota. The great Middle states have either never tried it, as in the

case of New York (where it was enacted in 1855 but declared

unconstitutional), Pennsylvania and New Jersey, or only gave it a

nominal trial, as with Illinois and Indiana. A curious position came

about in Ohio,[1] one of the great industrial states. It did not adopt

prohibition, which forbids the manufacture and sale of liquor; but in

1851 it abandoned licensing, which had been in force since 1792, and

incorporated a provision in the constitution declaring that no licence

should thereafter be granted in the state. The position then was that

retail sale without a licence was illegal and that no licence could be

granted. This singular state of things was changed in 1886 by the "Dow

law," which authorized a tax on the trade and rendered it legal without

expressly sanctioning or licensing it. There were therefore no licences

and no licensing machinery, but the traffic was taxed and conditions

imposed. In effect the Dow law amounted to repeal of prohibition and its

replacement by the freest possible form of licensing. In Iowa, which

early adopted a prohibitory law, still nominally in force, a law, known

as the "mulct law," was passed in 1894 for taxing the trade and

practically legalizing it under conditions. The story of the forty

years' struggle in this state between the prohibition agitation and the

natural appetites of mankind is exceedingly instructive; it is an

extraordinary revelation of political intrigue and tortuous proceedings,

and an impressive warning against the folly of trying to coerce the

personal habits of a large section of the population against their will.

It ended in a sort of compromise, in which the coercive principle is

preserved in one law and personal liberty vindicated by another

contradictory one. The result may be satisfactory, but it might be

attained in a less expensive manner. What suffers is the principle of

law itself, which is brought into disrepute.

State prohibition, abandoned by the populous New England and central

states, has in recent years found a home in more remote regions. In 1907

it was in force in five states--Maine, Kansas, North Dakota, Georgia and

Oklahoma; in January, 1909, it came into operation in Alabama,

Mississippi, and North Carolina; and in July 1909 in Tennessee.

_Local Prohibition._--The limited form of prohibition known as local

veto is much more extensively applied. It is an older plan than state

prohibition, having been adopted by the legislature of Indiana in 1832.

Georgia followed in the next year, and then other states took it up for

several years until the rise of state prohibition in the middle of the

century caused it to fall into neglect for a time. But the states which

adopted and then abandoned general prohibition fell back on the local

form, and a great many others have also adopted it. In 1907 it was in

force in over 30 states, including all the most populous and important,

with one or two exceptions. But the extent to which it is applied varies

very widely and is constantly changing, as different places take it up

and drop it again. Some alternate in an almost regular manner every two

or three years, or even every year; and periodical oscillations of a

general character occur in favour of the plan or against it as the

result of organized agitation followed by reaction. The wide

discrepancies between the practice of different states are shown by some

statistics collected in 1907, when the movement was running favourably

to the adoption of no licence. In Tennessee the whole state was under

prohibition with the exception of 5 municipalities; Arkansas, 56 out of

75 counties; Florida, 35 out of 46 counties; Mississippi, 56 out of 77

counties; North Carolina, 70 out of 97 counties; Vermont, 3 out of 6

cities and 208 out of 241 towns. These appear to be the most prohibitive

states, and they are all of a rural character. At the other end of the

scale were Pennsylvania with 1 county and a few towns ("town" in

America is generally equivalent to "village" in England); Michigan, 1

county and a few towns; California, parts of 8 or 10 counties. New York

had 308 out of 933 towns, Ohio, 480 out of 768 towns, Massachusetts, 19

out of 33 cities and 249 out of 321 towns. At the end of 1909 a strong

reaction against the prohibition policy set in, notably in

Massachusetts.

Encyclopaedia Britannica, 11th Edition, "Liquid Gases" to "Logar" Volume 16, Slice 7 · 第 7 / 45 段