Sober by Act of Parliament

by Fred A. McKenzie

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 £65, or in five years to £100, the licence would be taken away.

In order to secure the better enforcement of the law an entirely new body of inspectors was to be created. These should be quite independent of the local authorities, and their sole duty would consist of supervising the liquor sellers. There was to be one inspector-in-chief; England and Wales would be divided into counties with an inspector for each, and every large town and district would have a superintendent, under whom there would be a carefully selected and well-paid body of men. “The police cannot properly and ought not to be entrusted within the walls of a public-house,” Mr. Bruce said. “It is utterly impracticable to have a proper system of inspection if steps are not taken to make the inspection more efficacious; and efficient inspection can in my opinion be conducted only by a body of men altogether independent of the police.... They will be ... specially charged with the duty of seeing that no offence is committed in a public-house which is prohibited by law.” The cost of this inspection was to be defrayed from the licence fees.

Finally, the Bill contained clauses specially directed against adulteration. Samples of the liquors sold were to be frequently taken and 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 £20 or imprisonment for one month, with or without hard labour; and, for a second offence, to a fine of £100 or three months’ hard labour, and forfeiture of licence.

Mr. Bruce’s proposals fell like a bomb among the brewers and publicans. They realised that the time had now come when they must fight for their very existence; and fight they did. Temperance meetings were broken up all over the country, every tap-room became the centre of a campaign against the Government, and all the liquor sellers and their adherents became unswerving Tories in a day. Intense pressure was brought to bear on individual members, and the Government became the object of most intense hostility. There was not, at that time, the strong sentiment throughout the country in favour of restrictive legislation which is to be found now; and every bar parlour was used as the headquarters and meeting house of a propaganda to convince working men that the Bill was a measure aimed against the liberty of the people. The Times, to the surprise of many, gave Mr. Bruce its warmest support, and day by day did its best to strengthen the hands of the Government. The great body of middle-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.