Act" since 1854. It works on the whole very successfully, as might be
expected from the fact that in all things Scotland is strongly a
Sabbath-observing country. In Wales this law has also been in force since
1882. It is admitted to be a fair success in the interior of Wales; but
great difficulty has been found in enforcing it in Cardiff, and along the
border line between England and Wales. In Cardiff a very large shebeen
trade has sprung up, and a number of clubs have been established for the
avowed purpose of supplying their members with liquor on Sundays.
In 1889, in consequence of many statements that were in circulation
declaring Sunday closing in Wales to be a failure, the Government
appointed a Royal Commission, presided over by Lord Balfour of Burleigh,
to inquire into the matter. To the great surprise of many, the Commission
reported in favour of the Act, and declined to recommend either
modification or repeal of it, stating that "a change in this direction
would be unwelcome to a vast majority of the population".
CHAPTER II.
LICENSING REFORM.
Plans for the reform of the licensing laws are legion, and more Bills are
brought before the House of Commons year by year dealing with this matter
than with any other. To describe every one of these plans would be
wearisome and useless. It will answer every purpose to confine this
chapter to the chief measures proposed within this last quarter of a
century.
MR. BRUCE'S BILL.--No more careful or more thorough attempt has been made
to change the licensing laws than that introduced by Mr. Bruce (now Lord
Aberdare), who, as Home Secretary to the Liberal Government, framed a Bill
on the subject in 1871. In bringing it before the House of Commons he laid
down five propositions, as leading principles which he thought might be
expected to receive the assent of all the members. They were:--
1. That under the existing system of licensing, far more licences have
been issued than are required by public convenience, there being one to
every 182 people.
2. That the present mode of issuing licences is unsatisfactory, no
guidance being given to the magistrates either as to the number to be
issued or the respectability and the responsibility of the persons
seeking to be licensed.
3. That no sufficient guarantees are taken as to the orderly management of
public-houses or their supervision.
4. That the laws against adulteration are insufficient, and, such as they
are, are imperfectly enforced.
5. That the hours during which public-houses are allowed to be open admit
of reduction without interfering with the liberty or the material
convenience of the people generally.
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 entitled 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 passing 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 passing 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 L65, or in five years to L100, 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
analysed 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 L20 or imprisonment for one
month, with or without hard labour; and, for a second offence, to a fine
of L100 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-class
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 petitions 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 attitude 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 attitude 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 constituencies 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
Municipal 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 entitled to
compensation. Such compensation was to be assessed on "the basis of the
difference (if any) between the value of the licensed premises immediately
before the passing 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 circumstances, 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 L440,000, 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, L350,000 was to
go to England, L50,000 to Scotland and L40,000 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 passing 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
assure 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 passed, 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 municipal 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 municipal 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 L1000 to L2000 for the great West-end clubs. The noble 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, spacious,
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 attitude 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
principal provisions of the Bill, however, would not come into effect
until five years after the passing 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
passing 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 petition, 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 passing 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 attitude of the working classes 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,
entitled 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 entitled 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 entitled 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
circumstances 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".
This decision was a serious blow to the owners of licensed premises. It at
once and for ever swept away all claims of a legal right to compensation,
and showed that vested interests in licences are absolutely nonexistent.
But the question still remains whether, although the publican has no legal
claim to compensation, he is not morally entitled (under ordinary
circumstances) to some consideration, if suddenly and through no fault of
his own he is deprived of what he was for long encouraged to look upon as
his right. It is felt by many that it would be a hardship to take from a
well-behaved licensed victualler his means of livelihood without some
consideration. Whether this sentiment is right or not the writer of this
book does not propose to discuss; but it undoubtedly exists, and the
temperance party will gain nothing by shutting its eyes to it.
On the one hand we have the claim of prohibitionists that no publican
should have a penny from public funds as recompense for dispossession; on
the other hand, there is the plea of the "trade" advocates, that he ought
to have the full difference between the "trade" value of his house and its
value as ordinary premises. The first of these seems rather harsh, and the
second is certainly unreasonable. Is there no _via media_?
The unreasonableness of the second proposition may best be seen from the
fact that in many towns a very large proportion of the public-houses do
not pay their way. Yet every one of these places is valued at a price far
above its value as an ordinary business house; consequently, if the
authorities were to pay the terms asked by the owners on closing them,
they would actually be giving considerable sums for losing concerns.
It may be asked why, if such houses do not clear their expenses, their
proprietors keep them open year after year. The reasons are twofold:
First, the houses are usually owned by brewers, who fear that if they
abandon the licences, rival brewers may persuade the magistrates to grant
additional licences in other parts of the place. Secondly, the
establishments are often used as traps for depriving the inexperienced of
their stock of money. The process is very simple. A house owned by a
brewer goes to the bad, custom falls off, and the receipts fail to cover
the outgoings. Thereupon the tenant is given notice to quit; and a
salaried manager, skilled in the art of drawing custom, is placed in
charge of it. This manager is usually a man well known in the
neighbourhood, and with plenty of friends. He belongs to nearly all the
friendly societies in the place, Buffaloes, Oddfellows, and the rest; he
can give a tip on the coming race with any man, and he is "hail fellow,
well met" with every Tom, Dick and Harry. All his friends, of course,
flock to patronise him; the brewer is careful to supply specially good
drink; a pull over is given for every one's measure; and soon the takings
of the house are increased enormously. Then the place is advertised, and a
novice is attracted by it. The brewer's agent shows him the books, and is
able to prove that the business is going up by leaps and bounds; and so
the novice is persuaded to pay, say L100 in cash for the good-will, and
take over the house. The manager who has drawn all the custom leaves; and
his friends leave with him. The poor new publican soon finds that he is
losing money every week, and before long he begins to get in debt to the
brewer. This goes on until his debt amounts to the price he paid for the
good-will. Then the agent visits him, explains that as he is evidently not
suited for the trade he had better go. The brewer will kindly allow the
L100 paid as good-will to go to cancel the debt; and the tenant must leave
as quickly as possible. The house is then used for the fleecing of another
novice; and so on.
If any reader doubts the truth of this, let him consult some experienced
publican who is not afraid to speak the truth, or let him notice in any
moderate-sized town how often many of the smaller licensed houses are
advertised as being "under new management".
Now, it cannot be said that the owners of such houses as these mentioned
have the slightest equitable claim to any consideration. The only way to
avoid paying money to such would be to base any scheme of pecuniary
compensation _not on the artificial trade value of the house, but on the
actual profits gained_, as shown by the books and vouchers of the place
and by the publican's income-tax returns.
A second limit to any scheme of compensation should be that no one, save
the licence holder himself, should be entitled to any consideration. Big
brewing firms that have bought up large numbers of licences are well
acquainted with the risks attaching to them. The British public may be
anxious to treat the poor licensed victualler generously; but it will
hardly sanction the appropriation by wealthy wholesale firms, that thrive
by fostering public misery, of large sums of public money. This is the
opinion of many by no means opposed to any compensation. Mr. Gladstone, in
the House of Commons (15th May, 1890), in speaking of this matter,
declared: "This I must say, I cannot conceive any state of things in which
the State authority would have the smallest duty or the smallest warrant
for looking to anybody in these transactions, except the man with whom it
deals--that is to say, the man to whom the licence is issued, and on whom
it imposes its responsibility".
In any plan of compensation the money should be raised from the publicans
themselves. Those remaining benefit by the closing of other houses; for
there are fewer shops selling drink, and therefore those left get more
custom. This has already been done successfully in Victoria by means of
increased licence fees, etc.
As the publicans have no legal claim to consideration it cannot be
expected that any scheme for their compensation will be permanent. It will
rather provide for a softening to them of a time of transition.
Within these limits, surely some practicable scheme can be formulated.
The following, while dealing liberally with the keepers of licensed
houses, would yet be an advance on the present position. Let it be
arranged that for ten years the men at present holding licences shall be
allowed to retain them; and if during those years the authorities wish to
close any public-houses they shall pay the holders compensation based on
the following scale: during the first two years, five years' purchase,
reckoned on the average profits of the previous three years; during the
third and fourth years, four years' profits; during the fifth and sixth
years, three years' profits, and so on till at the end of the tenth year
no compensation would be payable. The funds for such payments to be raised
by increased licensing fees and an extra tax on liquor. No money to be
paid to any person but the licence holder himself. At the end of the ten
years the number of houses could be reduced to a fixed scale, say one for
every 500 or 1000 of population.
The principal objectors to such a compromise would probably be the
teetotalers. But they would do well to consider whether it will not hasten
forward the coming of that sober England for which we all long if some
method can be found of breaking through the present intolerable deadlock.
There is nothing opposed to temperance in granting compensation. It is
merely a matter of policy, not of principle: though, to hear some
reformers talk, it might be imagined that the idea of partly recompensing
licence holders for their loss involves some terrible wrong.
Both Sir Wilfrid Lawson and Mr. Caine have in the past admitted that a
compromise about compensation might be worth considering. In the House of
Commons (5th March, 1880) Sir W. Lawson said: "Honourable members tell me
that there ought to be something about compensation in my resolution. If I
would only do that they would find it in their hearts to vote for me. Now
I do not want to condemn compensation, but this is not the question which
is before the House. The question is, whether it is right to force these
houses upon an unwilling neighbourhood; and if it cannot be done without
compensation, let us have compensation. I am very sure that if ever my
resolution is crystallised into an Act of Parliament this House will never
refuse a fair demand from any body of men."
Mr. Caine, in talking to a _Pall Mall Gazette_ interviewer, said, when
dealing with the compensation proposals of the Church Temperance Society:
"The time plan would work in this way: You might give to all old licences
a definite lease of life, ten years being the utmost limit conceivable....
At the close of the ten years' term licences would be granted for one year
only, and no compensation whatever would be granted in case of
extinction.... (It) would present to temperance reformers the attractive
and important feature of finality. It certainly demands most careful
consideration on all hands."
Mr. Chamberlain, in 1876, proposed terms very similar to these. His idea,
when discussing the buying up of licensed premises in order to commence
municipal public-houses, was that compensation should be paid to the
licence holder alone at the rate of five years' profit, based on the
average profits of the previous three years.
Truth compels the admission, however, that Mr. Chamberlain's views on this
point have greatly altered in recent years. In writing to me in April,
1894, he said:--"Further consideration has convinced me that the method of
compensation proposed by me in 1876 would not be the best guide to a fair
settlement, and that it would be impossible to ignore the interests of
other persons besides the licensed holder. I think now that the best way
would be to submit all claims to an official arbitrator, who would be
instructed to give for the property such sum as would be given by a
willing buyer to a willing seller in the open market--in other words, the
fair market price."
LICENSING BODIES.--Of whom should the licensing bodies consist? There are
three different kinds of bodies proposed: (_a_) The magistrates, as at
present; (_b_) county and town councils; (_c_) elective boards _ad hoc_.
The magistrates have for long carried out the necessary duties; and in the
country parts they have done as well as could be expected. In towns, more
particularly in small boroughs, their rule has not worked quite so
satisfactorily. Occasional charges of being influenced by pecuniary
considerations in the performance of their duties have been brought
against them; but such charges are so very rare that direct bribery may
be said to be practically unknown. But magistrates in small boroughs are
often influenced by some very extra-judicial considerations. Many of them
are small tradesmen, appointed for political reasons. They are well
acquainted with the brewer who is at the back of the application for a
licence, and possibly have business transactions with him: naturally they
do not care to offend him, and so a licence is often granted when it ought
not to be.
The licensing authority is altogether outside the usual province of the
magistrate's duties, which should be purely judicial. It has never been
found satisfactory to unite judicial and executive functions in one body;
and jurists are agreed that this should be avoided; yet while they are the
licensing authority the magistrates are both administrators and judges.
But the principal objection to magistrates is that they are not in the
least representative, and can do as they please entirely irrespective of
the public.
A proposal favoured by many statesmen is that of taking the duty of
issuing licences from the magistrates and placing it in the hands of
county and borough councils. A representative body would thus be secured;
but the result of this would simply be to ruin many of the councils. The
liquor question would swallow up every other in public estimation, like a
veritable Joseph's rod. Men would be elected solely because of their views
on licensing reform. The publicans would appoint their candidates, and the
teetotalers theirs; and both parties would have a pitched battle at
almost every election. Many good administrators, rather than face such
contests, would remain outside, and the whole tone of the councils would
be lowered.
The most practicable plan of securing a popular licensing authority seems
to be the election of Boards specially for this one purpose, as School
Boards are elected for the management of elementary schools. The area
which such Boards control should not be too small and particular care
would have to be taken to prevent those pecuniarily interested in the
traffic getting on them.
But it must be remembered that no change in the _personnel_ of the
licensing authority will effect much, and it is possible that any change
may do harm. A representative body will be more liable to be influenced by
outside consideration than are the justices; and the Boards in some places
will favour the drink sellers more than the magistrates do now. This
consideration has induced some reformers to advocate leaving the
administration in the hands of the present authorities, but limiting their
power by a direct popular control over the issuance of new licences.
CLUBS.--No licensing reform, however complete the restraints it places on
public-houses, will accomplish much unless at the same time it deals with
the club evil. In the ordinary drinking club we have something far more
dangerous to society than the worst-conducted public-house. Reformers were
for long so absorbed in fighting the open drink shop, that they had no
time for attending to anything else; and statesmen of all parties dreaded
arousing against themselves the opposition which they knew would follow
the curtailing of any of the privileges of club-land. The result is that
there is to-day in every large town a considerable and rapidly increasing
number of drinking dens, subject to no control, paying no fees, requiring
no licences, and allowed to keep open all day and every day, Sunday and
week-day alike. With the genuine club no one wishes to meddle; but the
majority of places which go under this name are nothing but drinking and
gambling hells, and are usually financed by, and run for the profit of,
some brewer. Within ten years their number has increased almost tenfold,
and from all parts of the land comes the same tale of the mischief they
are doing. Some months ago, the Dublin Corporation sent a petition to the
Government in which it said: "We view with alarm and dismay the rapid
increase of bogus drinking clubs in all parts of the city; in our opinion
these clubs are a prolific source of poverty, crime, and disorder; they
are instrumental in depreciating the ratable value of property wherever
they are established; and the laws which allow, without let or hindrance,
their degrading operations at all hours of the night and of the day, are a
disgrace to civilisation." The Corporation urged the Government to
introduce a measure "that will be effective in grappling with this
degrading and pestiferous evil". At Cardiff the notorious "Field Clubs,"
formed solely and avowedly for the purpose of supplying their members
with ale on Sundays, and so setting the Sunday Closing Act at defiance,
were able to carry on business for some time without any hindrance from
the police. A case which shows even more clearly than this how our
licensing system is being reduced to little better than a mere farce, was
mentioned last year in the House of Commons. The licence of a certain
village public-house had been taken away because of the misconduct of the
publican, and because the place was not required. Thereupon the brewer who
owned the building opened it as a club, making the former publican
manager. The rules were carefully drawn up, with the aid of counsel, to
keep the house open to as many as possible; an entrance fee of a few pence
was fixed; and the club was in a position to accommodate almost all its
old customers. It had not to observe any of the regulations imposed on the
regular drink shops, and consequently did twice as much business as before
its licence was taken away.
Such instances might be multiplied indefinitely, but there is no need; for
to all who know anything of the inner life of our great cities these
things are commonplaces. How to deal with these bogus establishments, and
yet not at the same time to unduly interfere with genuine clubs, has
become an urgent and serious question. The Royal Commission on the Sunday
Closing (Wales) Act recommended that all clubs where intoxicating liquors
are sold should be registered with the local authority, and that the
register should be open for the inspection of the police. The Commission
was also strongly of opinion that "clubs which exist only for the purpose
of supplying drink, or only colourably for some other purpose, should be
declared absolutely illegal". When Lord Randolph Churchill brought his
licensing scheme before the House of Commons, he incorporated with it
clauses for the registration and taxation of clubs, as has already been
described in the previous chapter. The Bishop of London's Bill in 1893
contained similar clauses, but neither measure ever got beyond the initial
stages. _The Clubs Registration Bill_, as amended by a Select Committee of
the House of Commons last year, provided (1) that every club (with certain
strictly defined exceptions) selling intoxicating liquors on unlicensed
premises must be registered; (2) that it shall only be managed in
accordance with its registered constitution; and (3) that an annual return
shall be made of the members of the club. There were further provisions
forbidding the sale of any drink to be taken from the club premises,
preventing any person under eighteen years old becoming a member of the
club, and limiting the number of honorary members to one for every twenty
ordinary members. The Bill applied only to England, and was admitted by
its supporters to be miserably inadequate; but it would have been a great
improvement, had it passed into law, on the present state of affairs.
However, it went the usual way of Bills in that barren Session.
Happily our colonies can teach us something on this matter. During the
last nine years there has been an extremely simple yet very practical
clause in the Victorian licensing law dealing with clubs. It provides that
every _bona-fide_ association that was formed before the passing of the
Act should be regarded as a club; but that any club established afterwards
must, in order to obtain the right to supply its members with intoxicants,
consist of "not less than fifty members, united for the purpose of
providing accommodation for and conferring privileges and advantages upon
the members thereof". Such accommodation has to be provided from the funds
of the club, and no person is allowed to get any benefit from the club
which may not be shared equally by every member. All clubs have to be
registered, and their certificates may be withdrawn at any time by the
Licensing Board.
In the Licensed Victuallers' Amendment Act, brought before the South
Australian Parliament in 1890, more elaborate provisions were made for
meeting the club difficulty. Clubs numbering not less than fifty members
in Adelaide, or not less than twenty-five in other parts, are exempt from
the ordinary Licensing Act, so far as selling to their own members goes,
provided the following conditions exist:--
1. The club must be established upon premises of which such association or
company are the _bona-fide_ occupiers, and maintained from the joint funds
of the club; and no persons must be entitled under its rules to derive any
benefit or profit from the club or for the sale of liquors which is not
shared equally by every other member.
2. It must have been proved to the satisfaction of the licensing bench at
an annual or quarterly meeting that the club is such an association or
company as in this section is defined, and that the premises of the club
are suitable for the purpose.
3. It must be proved to the satisfaction of the licensing bench that such
club has a committee of management, and that some person has been
appointed by them steward or manager.
The club is obliged to pay an annual registration fee of L5, and to obtain
a certificate from the clerk of the licensing district; such certificate
being withdrawable if any of the conditions under which it is issued are
broken.
On some such lines as these we must look for the solution of the club
problem in England. Any measure to be really effective must provide,
first, that proprietary clubs and clubs financed by those interested in
the sale of drink shall be treated exactly the same as public-houses. The
various regulations given in _The Clubs Registration Bill_ should be
retained, but the certificate of registration should only be obtainable
after the licensing justices are satisfied as to the genuine character of
the association, and have ascertained that it is established primarily for
some other purpose than the supply of intoxicants. As clubs cause a
decided diminution in the revenue obtained from licensed houses, it seems
reasonable that they should be subject to a special excise tax, graduated
somewhat after the manner provided in Lord Randolph Churchill's Bill.
TIED HOUSES.--During recent years it has become more and more common for
brewers to own public-houses, and to make the holders of the licences
nominees of their own, dismissable at will. In many towns over four-fifths
of the drink shops are either owned or controlled by brewers or wholesale
spirit merchants. Year by year the wholesale firms are driven by
competition to purchase more and more houses; and soon it will be
difficult to find establishments in which the nominal publican is master
of his own business. It was manifestly the intention of Parliament, in
passing the various licensing Acts, to make the managers of licensed
houses responsible persons, who would have some stake in the business, and
to whose interest it would be to strictly observe the law; but by the
"tied-house" system all this is changed. Through it the licensee is but
little better than a man of straw, and the real controller is the brewer.
There are two principal ways in which the wholesale firms "tie" a house.
The first is as follows: A man with a small amount of capital wishes to
take a public-house. The price of the good-will, stock and fittings of the
place is, say, L1500. The would-be publican has only L300, but a brewer
agrees to lend him L800, and a spirit merchant L400, on condition that he
binds himself to deal solely off them for his liquors. This is the least
objectionable method. The other way is for the brewer to be the owner of
the public-house, and the publican his tenant. The latter pays a certain
amount, varying according to the value of the house, as good-will; and it
is stipulated that he shall deal off the brewer for all his malt liquors.
He is usually liable to dismissal at a very short notice; and it is an
understood thing that if the trade of the house drops at all he will have
to leave. He must push his business at any cost and by any means. Most of
the breaches of the law committed by publicans are due to this; for the
unhappy licensed victualler has often no choice except between fostering
his trade by illegal methods or getting notice to quit.
It might be thought that it is hardly to the interest of the brewers to
risk losing the licences in order to do a somewhat larger trade; but those
who argue thus are not acquainted with the working of the law. Let us
suppose a case typical of many. A publican is convicted before the
magistrates on some very serious charge, say that of harbouring improper
characters; and his licence is endorsed. It may be mentioned, in passing,
that most magistrates refuse to endorse a licence except an offence is
very grave or frequently repeated. At the next licensing sessions the case
comes on, and the justices demur at renewing the certificate. The lawyer
for the owners then addresses them somewhat in this way. "The house in
question," he says, "is owned by the well-known firm of Messrs. Grey &
Black. They had not the slightest idea that their tenant was guilty of
such conduct as was unhappily proved, and they greatly regret it. It is
their wish to keep their houses respectable, and they do all in their
power to accomplish this. In this case, immediately the licence holder was
convicted they gave him notice to quit. The good-will of the house has
been sold to Mr. Tom Brown for a substantial consideration, and the old
tenant who was convicted has no longer any interest in the place. Mr.
Brown is a _most_ respectable man; and I can bring forward unimpeachable
witnesses, gentlemen well known to you, who will testify to this fact.
Now, gentlemen, I cannot deny that you have the power to refuse the
licence if you wish; but I would venture to point out to you that by doing
so you would punish, not the man whose wrongdoing we all condemn, but
Messrs. Grey & Black who own the premises, and Mr. Tom Brown who has
bought the good-will. Mr. Brown, though he has done nothing wrong, will be
the loser of a very considerable sum by such a refusal. You will, perhaps,
permit me to say, gentlemen, with all deference to your judgment, that
such a course would not be in accordance with justice, nor with the
honourable traditions that have always distinguished this bench."
In nineteen cases out of twenty the magistrates agree that it would be
rather hard on Brown to refuse; and accordingly they grant the renewal.
The risks of losing a licence are so small that they are hardly worth
taking into consideration. First of all, there is very little probability
of the police proceeding against a house, except when compelled by outside
pressure. Then, when the police do proceed and secure a conviction, the
licence is not usually endorsed. Even after endorsement, a judicious
change of tenants can be made; and so the licence retained.
The system of "tied houses" is bad for every one except the brewer. It is
bad for the publican, for it reduces him from master of his own house to a
servant of the wholesale firms. He has to take such liquor as they please,
and pay the price they demand for it. It is a recognised custom in the
trade for some if not all of the brewers to charge their "tied" customers
more than they do the free.
The plan is bad for the public. In place of the main business of the
publican being to satisfy his customers, it is to retain the good-will of
the owner of the house. In a district where one firm controls all the
houses, there is no longer competition between the different publicans as
to which shall sell the best drink, for all sell the same; and the brewer
is able to palm off his worst brews on the people there.
Last, but chief of all, it is bad for good order and for the general
well-being. The licensed victualler, being placed in such a position, is
too often willing to adopt risky methods for attracting custom, which he
would not venture to employ had he a substantial stake in the house. By
this he not only injures the character of his own premises, but compels
his rivals, who own free houses, to imitate him in order that they may not
lose their trade. And so the whole method of conducting business in the
neighbourhood is lowered.
The _Times_ cannot be accused of teetotal bias; and an utterance by it on
this matter will command weight. "The natural tendency of a brewer is
simply to push the sale of his beer," said that journal in a leading
article on 12th September, 1892. "Provided no forfeiture of the licence be
incurred, the especial manner in which the business is conducted does not
matter much to him. His main desire is that the neighbourhood shall drink
as much as possible. His servant, the publican, who has little or no
property invested in the premises, has no strong personal motive for
caution. He wishes to ingratiate himself with his employer by promoting a
liberal consumption. The fear of risking the licence affects him far less
than if it meant for him positive commercial ruin. From the point of view
even of the customers, it has been felt that a spread of the monopoly of
brewers is inconvenient. When a brewer is absolute master of a house he
can, unchallenged, supply it with bad or unwholesome liquors.... Practical
experience, at all events, has created a keen jealousy of the system of
tied houses, and a determination to make a stand against its unlimited
predominance.... Where the function of a court is the commission to
certain persons to conduct a trade under its supervision, its manifest
duty is to see that its delegates are free agents. A publican who can be
ejected at once, or be subjected to ruinous penalties, if he exercise the
least liberty of choice of his stock, and unless he accept any trash a
brewer consigns to him, is a cipher."
A remedy lies all ready in the hands of the licensing justices, if they
would only use it. Nothing would be easier than for them to demand the
production of all agreements under which the publicans are occupiers of
their houses, and to refuse (after due notice) to grant the renewal of the
licence of any house in which the tenant is not a _bona-fide_ free agent.
But there is little prospect of the licensing justices doing this until
they are compelled. The most practicable remedy seems to be a short Act of
Parliament, providing that in no case is a licensed victualler to enter
into any contracts which will make him responsible to any but the
licensing authority for the conduct of his house; and that it shall be
illegal for him to bind himself to purchase his stock in whole or part
from any particular firm or firms. It should be forbidden for brewers or
wholesale spirit merchants to own all or part of any public-houses. It
might be further provided that the licensing authority is to satisfy
itself that the publican is genuinely a free agent before granting or
renewing his licence.
Such an Act would no doubt receive considerable opposition from many
brewers, though even to some of them it would not be unwelcome. The
present method compels them to sink a vast amount of capital in buying up
licences, and gives the small brewer (who possibly produces better drink
than his wealthier rivals) little chance of competing against the great
firms. To the majority of publicans such a law would be acceptable, for it
would raise their position and increase their profits. And the gain to
public order would be greater than that which is likely to result from
many more ambitious schemes.
CHAPTER IV.
THE PATH OF PROGRESS.
The problem of licensing reform, as every one who has given it even the
most cursory attention will readily admit, is by no means an easy one.
Whatever step may be proposed is certain to excite the opposition of many.
It is impossible for even the most astute statesman to formulate a plan
that will receive the assent and approval of extremists of either school.
Almost every one, Liberal or Conservative, admits that the present state
of affairs is wholly unsatisfactory, and that it demands immediate
treatment. Under it we have a vastly excessive number of public-houses, a
weak system of supervision, and an entire lack of local control. The
publican who wishes to carry on his business decently and respectably
often finds it impossible to do so without heavy pecuniary sacrifice, on
account of his more unscrupulous licensed rivals, who are willing to
descend to any tricks to increase their trade. The whole system of
licensing is based on the personal caprices of individual magistrates
rather than on any uniform plan.
For many years all these things have been admitted and deplored. For at
least a quarter of a century statesmen have declared that the present
state of the law is disgraceful, and cannot be permitted to longer
continue. Yet it still remains the same.
Can nothing be done? Are the imagined interests of a small body of rich
men to over-ride the welfare of the whole nation? It almost seems as
though our legislators had resigned themselves to this. One thing at least
is certain. No sweeping change has any hope, at least for the present, of
coming into law. A drastic licensing Bill, into which one of the great
political parties put all its strength, might pass the House of Commons,
but would inevitably be defeated by the Lords. The body which rejected
without a division the Bishop of London's Bill, and which mutilated the
non-partisan Irish Sale of Intoxicating Liquors Bill, will show but little
consideration for any thorough-going schemes. Reformers of one school
reply: "Then let us abolish the House of Lords". This is very easy to say;
but if we have to wait for licensing reform until the Lords are abolished,
then there is not much hope for improvement in this generation. A more
politic course would seem to be the carrying of temperance legislation by
piecemeal. Little by little the law may be changed; glaring anomalies may
be removed, manifest injustices altered, until at last, while our liquor
laws will not be theoretically perfect, they may at least be made
reasonably workable.
The following suggestions as to the lines which such alterations might
take contain nothing that has not been approved by many members of
Parliament of both parties.
1. It is generally admitted that there are far too many public-houses. No
doubt it would be found very difficult to reduce the number of those
already licensed, but there should be little trouble in preventing the
issuance of new licences. Let it be enacted that in no case shall a person
be permitted to apply for a public-house licence unless he has previously
obtained the signatures of one half of the resident electors in the
immediate neighbourhood to a petition requesting such a licence. Even when
such signatures have been obtained, the magistrates would still retain
their option of refusal.
2. The second reform has already been before the House of Commons. Let
every district have the option of Sunday closing, as provided in the
_Liquor Traffic (Local Control) Bill_, 1893. To this might well be added
the choice of keeping the houses open on Sundays for two hours only.
3. Let the appeal to Quarter Sessions in case of the refusal of the
renewal of licences be abolished, except for manifest illegality on the
part of the local licensing session. At present the licensing magistrates
in many parts will not use their unquestioned power of refusing
unnecessary licences, because they are aware that their decision is almost
certain to be reversed at the Quarter Sessions. The county magistrates,
knowing nothing of local needs, continually over-ride the deliberate
judgment of the local justices.
4. Have a system of supervision of public-houses entirely independent of
local control, as proposed by Mr. Bruce in 1871.
Those who have carefully watched the working of the present laws know that
the police do no part of their work so inefficiently as the control of
public-houses. This is due to two causes--bribery, and the power of the
drink sellers in local government. The bribes received by the police are
usually very small, and no doubt many constables look upon them as their
regular perquisites. The man on the beat knows where he will find a pot of
beer left out for him on a hot day; and he would be more than human if he
did not look on the doings of the publican with a kindly eye after
quenching his thirst with the publican's liquor. But this securing the
good-will of the police is comparatively unimportant, and is practically
incapable of legal proof. A far more serious thing is the influence
steadily brought to bear on the police in many small municipalities, to
cause them to refrain from proceeding against certain public-houses. The
municipal police are solely dependent for pay and promotion on the Local
Watch Committee and the Town Council. The Council is often largely
controlled by the men who own the public-houses. Now the most obtuse
policeman well understands that if he were to lay information against the
manager of a house owned by a town councillor, or by the head of one of
the local political associations, it would make his prospects of
advancement no brighter. He might be praised by the papers for his zeal;
but when a chance of promotion came up, he would be passed over for some
one else.
This is no imaginary danger. Many who have tried to secure the better
enforcement of licensing laws in towns know well that too often the police
will not move further than they are compelled, and then they will do as
little as is compatible with appearances.
If there were public-house inspectors entirely independent of local
influence, and frequently moved from place to place, a great improvement
in the management of many licensed premises would at once be apparent. The
law-abiding publican would have a better chance of success, and would not
be handicapped in the way he is at present.
5. Let all public-houses be closed on municipal and parliamentary election
days.
Other urgently needed reforms, such as the control of clubs, and the
abolition of tied houses, have been described in preceding chapters, and
need not be recapitulated here.
* * * * *
I feel that I would be untrue to my own convictions if I closed this
volume without a final word to those who have followed me so far. I have
tried to treat the subject calmly and dispassionately; and zealous
reformers may possibly complain (as some have already complained of those
parts published in periodical form) that my tone is cold and
unsympathetic. I can only assure them that it is from no lack of earnest
desire to promote true temperance. But the cause of reform will not be
advanced by special pleading, or by that impetuous enthusiasm which leads
men to overlook facts in order to give a reasonable air to their
theories. The first work of a reformer should be to master his facts, and
to discover what lessons the experiments and the mistakes of those who
have preceded him can teach.
We are often told that it is impossible to make men sober by Act of
Parliament; and no doubt all legislation that seeks to suppress evil has
to fight against strong opposition. But do those who so lightly quote this
empty aphorism ever seriously resolve to persuade men to be sober by other
means? or are they content to let a smart phrase run glibly from their
lips as an excuse for doing nothing? To-day we are face to face with a
gigantic evil that is destroying much that is brightest and fairest in our
national life. To all who have any notion of patriotism, to all who have
any real desire for the welfare of the people, and especially to all to
whom the commands of the Carpenter of Nazareth are something more than
mere words,--the call comes to take their part in the battle for its
suppression. How are we to work, each man must decide for himself; but
none of us can shirk the manifest duty of doing something, and of doing
our best, without wrong.
It is admitted that Acts of Parliament can help in promoting sobriety only
so far as they are backed up by a strong public sentiment, and by the
earnest endeavours of the people. Legislation can remove temptation, it
can make virtue easier; but it cannot do everything. Along with it must go
steady work for the brightening of every-day life, for the easing of
conditions of labour, for improving the dwellings of the poor, for
raising the moral tone, for the realisation by all of the sacredness of
this life, and the need to make the most of its opportunities.
As we survey the forces against us in this fight, we may sometimes be
inclined to despair of its issue. On the side of intemperance and
self-indulgence are great resources of wealth, power, self-interest, and
unscrupulousness. Shall we conquer, or is the wrong to triumph over us?
The words of a great thinker, written on another subject, best give the
answer: "The ultimate issue of the struggle is certain. If any one doubts
the general preponderance of good over evil in human nature, he has only
to study the history of moral crusades. The enthusiastic energy and
self-devotion with which a great moral cause inspires its soldiers always
have prevailed, and always will prevail, over any amount of self-interest
or material power arrayed on the other side."[10]
APPENDIX I.
THE CONDITION OF WORKING MEN IN MAINE.
The _Fifth Annual Report of the Bureau of Industrial and Labour Statistics
for Maine_ (Augusta, 1892) gives a set of very full returns from which it
is possible to ascertain the exact position of working men under
prohibition. A personal canvass was made of working men of all classes,
the unskilled and lower paid, as well as the best and highest paid. Space
will not permit me to quote more than a brief _resume_.
"The following is a general summary of some of the more important
statistics derived from the reports of working men. Whole number of
reports, 1082; number American born, 895; number foreign born, 187; number
owning homes, 285; value of homes, 405,850 dollars; number of homes
mortgaged, 60; amount of mortgages, 26,169 dollars; number renting, 481;
number having savings bank accounts, 181; number who have accumulated
savings in former years, 696; during past year, 595; run into debt during
past year, 104; neither gained nor lost during past year, 383."
Of 745 men with families, the average annual income was 527 dollars 1 cent
per family yearly. The average annual income of 265 single working men was
395 dollars 1 cent, and of 53 single working women, 259 dollars 64 cents.
The amounts saved from income averaged, men with families, 12 per cent.,
single men, 17 per cent., and single women, 9 per cent.
APPENDIX II.
THE GIN ACT, 1736.
Whereas the excessive drinking of spirituous liquors by the common people
tends not only to the destruction of their health, and the debauching of
their morals, but to public ruin:
For remedy thereof--
Be it enacted, that from the 29th September no person shall presume, by
themselves or any others employed by them, to sell or retail any brandy,
rum, arrack, usquebaugh, geneva, aqua vitae, or any other distilled
spirituous liquors, mixed or unmixed, in any less quantity than two
gallons, without first taking out a licence for that purpose within ten
days at least before they sell or retail the same; for which they shall
pay down L50, to be renewed ten days before the year expires, paying the
like sum; and in case of neglect to forfeit L100; such licences to be
taken out within the limits of the penny post at the chief office of
excise, London, and at the next chief office of excise for the country.
And be it enacted, that for all such spirituous liquors as any retailers
shall be possessed of on or after the 29th September, 1736, there shall be
paid a duty of 20s. per gallon, and so on in proportion for a greater or
lesser quantity above all other duties charged on the same.
The collecting the rates by this Act imposed to be under the management of
the commissioners and officers of excise by all the excise laws now in
force (except otherwise provided by this Act); and all monies arising by
the said duties or licences for sale thereof shall be paid into the
receipt of his majesty's exchequer, distinctly from other branches of the
public revenue; one moiety of the fines, penalties and forfeitures to be
paid to his majesty and successors, the other to the person who shall
inform on any one for the same.
Footnotes:
[1] _A Report on Marriage and Divorce in the United States_, by Carroll D.
Wright, Commission of Labour. Revised edition, Washington, 1891.
[2] Mr. C. W. Jones, Inspector of Prisons and Gaols, Maine, to whom I am
indebted for these figures, adds that the increase in commitments in
recent years "is not because those crimes are on the increase, but because
of the better enforcement of our laws relating to those crimes".
[3] _The Report of Commissioner of Internal Revenue_, pp. 314-319.
Washington, 1892. There are no returns available for any year after 1887,
as since then Maine has ceased to be reckoned as a separate district for
revenue purposes.
[4] For many of these particulars about the condition of affairs in Iowa
in 1893 I am indebted to the _Toronto Globe_ for November and December,
1893. This journal, with enterprise that is deserving of all commendation,
sent two representatives, one an avowed prohibitionist and the other
opposed to prohibition, to Iowa and Kansas, in order to gather full
particulars of the results obtained from the liquor laws there. The two
commissioners, Messrs. J. E. Atkinson and J. A. Ewan, performed their
mission excellently, and their reports are of more than temporary value. I
may, however, add that I have by no means solely depended on the reports
of these gentlemen in ascertaining the condition of Iowa. Other accounts,
from varied sources, all tend to show the disgraceful and deplorable
condition of this State under the law that failed.
[5] This statement was made before the Royal Commission on the Liquor
Traffic. At the time of writing this, the official reports of the evidence
given before the Commission are not yet issued; consequently, I am obliged
to rely on the somewhat abridged accounts given in the Canadian daily
papers.
[6] _Montreal Daily Star_, 29th December, 1893.
[7] _Victorian Alliance Annual_ for 1890, Melbourne.
[8] This translation is taken from the Special Report of the United States
Commissioner of Labour on _The Gothenburg System of Liquor Traffic_,
Washington, 1893. I would here acknowledge my very deep indebtedness to
this volume for many of the statistics contained in this chapter. Dr.
Gould's work is unquestionably the fullest and most accurate book on the
subject in the English language, or, as far as I am aware, in any other.
[9] It is well known that the number of arrests for drunkenness is no
adequate guide to the amount of intoxication. Speaking in the House of
Commons, 13th March, 1877, on this point, Mr. Chamberlain said: "I have
come to the conclusion that for our purpose police statistics are no good
at all. As an evidence of this I will mention something with which I am
acquainted in Birmingham. On a certain Saturday the number of persons
arrested for drunkenness and brought before the magistrates was said to be
29--that was the total number of drunken cases credited, or rather, as I
should say, debited to the town, according to the police statistics.
During three hours of that same Saturday night, thirty-five houses in
different parts of the town, beer houses, spirit shops and shops of other
descriptions, were watched by different persons appointed for the purpose;
and these persons reported that during those three hours 9159 males and
5006 females came out of those shops; and, out of these numbers, of the
male persons there were 622 drunk, and 176 females in the same state.
There is a total of 798 drunken persons, alleged to have been seen coming
out of 35 houses in three hours; while the police returns only reported 29
for the day."
[10] Mr. Goldwin Smith.
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ENGELS.
"A translation of a work written in 1845, with a preface written in 1892."
4. The Principles of Social Economy. YVES GUYOT.
"An interesting and suggestive work."--_Spectator._
5. Social Peace. Dr. SCHULZE-GAEVERNITZ. Edited by GRAHAM-WALLES.
"A study by a competent observer of the industrial movement."--_Times._
6. Handbook of Socialism. W. D. P. BLISS.
SWAN SONNENSCHEIN & CO., LONDON.
NEW YORK: CHARLES SCRIBNER'S SONS.
End of Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie