From the Deal, Walmer, and Sandwich Mercury,
20 March, 1872. 1d.
THE LICENSING SYSTEM
When Mr. Knatchbull-Hugessen passed from the Home Office to the
Colonial Department, we gave some little offence by congratulating the
hon. gentleman upon having found a resting-place in the serene
atmosphere of a Downing Street sinecure. But it would really seem as if
there were nothing whatever to do at the Colonial Office. Lord
Kimberley, Mr. Hugessen's chief at the Secretariat, has this week been
called in to do the work of the Home Secretary - of whose existence very
few people except reprieved murderers have ever heard. Nevertheless,
Lord Kimberley performed his task very well. He admitted that the
Government Licensing Bill was by no means an ambitious measure; and as
Lord Kimberley himself is a common-place sort of a Minister both the
measure and its proposer were well adapted to each other. Lord
Kimberley's Licensing Bill has produced a very different impression from
that of Mr. Bruce last session. He does not contemplate the confiscation
of the publican's property, nor threaten to annihilate their trade. He
meddles a good deal with licenses; and we fear it will be found that he
has only muddled. Special obstructions are interposed against the
granting of licenses. Those granted by county magistrates will have to
be confirmed by a special committee appointed at the Court of Quarter
Sessions. In boroughs with more than nine magistrates a committee will
grant licenses which, however, must be confirmed by the whole body of
Justices and the Secretary of State. All the proposed changes seem to us
only to render an already cumbersome machinery still more cumbersome;
and we cannot admit the advantage of having the decisions of one body
reviewed by another body who would have to adjudicate on precisely
the same evidence as that upon which the former decision was given. The
distinction made between county magistrates and borough justices will
not fail to create many difficulties in the working of the scheme, and
it will assuredly raise strong opposition in the House of Commons,
should the Bill ever come before hon. members for consideration. The
restrictions as to the granting of new licenses are also very heavy.
Fetters of this kind are not imposed upon any other class of the trading
community. It is not by such measures as these that the evil of
drunkenness will be stamped out of this country. Lord Kimberley's Bill,
however, includes some provisions which point in the right direction.
Intoxicated persons must not be harboured in public-houses. The fine for
drunkenness will be doubled. And special inspectors will be appointed to
see that the regulations of the Sunday liquor traffic are not infringed
- another burden, by the way, to the ratepayers. To our minds, Lord
Kimberley's proposal to check the adulterations of beer are the best
features of the Government bill. Consumers have no idea of the extent to
which adulteration id practised. Lord Kimberley convulsed the House of
Lords on Tuesday night by describing how porter was adulterated with
"foots." We fear that other and more pernicious stuffs are used by some
rapacious publicans as well in porter as in whiskey and other kinds of
spirits; and it is therefore satisfactory to find that the necessity of
checking this evil is recognised among the essentials of a licensing
scheme. As to the prospects of Lord Kimberley's Bill passing this
Session, they are very remote. This is owing to the extraordinary course
taken by the Government. They refused to adopt a much better Licensing
Bill of Sir Selwin-Ibbetson which was discussed in the House of Commons
last Wednesday. Determined to deny everyone else the credit of
originating a measure on this subject, they hastily pushed forward their
own Bill, and by introducing it in the Upper House, got the start of Sir
Selwin-Ibbetson. But this manoeuvre will probably only in their own
discomfiture, for, should Lord Kimberley's Bill reach the House of
Commons, it will assuredly flounder with many other measures owing to
the blundering and persistent policy of the Government.
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From the Deal, Walmer, and Sandwich Mercury,
20 March, 1872. 1d.
PUNISHMENT OF DRUNKARDS
It would be interesting to try a few experiments in the way of
punishment with drunkards. It is evident that fines have little or no
effect on the intemperate, and that a few hours' imprisonment until they
are sober is rather a convenience to them than not. Our ingenuity in
discovering pleasant little variations in punishment for the offenders
has not yet extended beyond the revival of the cat-o-nine tails, which
although it might be laid with advantage on the backs of some drunken
ruffians, is almost too decisive in its action for the harmless sot who
becomes "incapable" without being violent. There is, however, a
punishment which was applied by the ancient law of France and also in
Scotland to debtors who obtained the benefit of cessiobonorum
(Latin for a surrender of
goods) that seems admirably adapted for modern
drunkards. It consisted in sentencing the debtor to wear in public a
distinctive garment under pain of imprisonment if he were found without
it. In France a green bonnet (bonnet vert) was furnished by
creditors for the purpose, as explained by Pothier, of warning all
citizens to conduct their affairs with prudence, so as to void the risk
of exposing themselves to such ignominy. In Scotland every debtor. under
similar circumstances, was appointed to wear the "dyvours habit" which
was a coat or upper garment, half yellow and half brown, with a cap of
the same colours. By a statute William IV. the "dyvours habit" was
dispensed with; but if again adopted for drunkards, it might not only
promote temperance, but could not fail to give a great impetus to the
trade of clothiers about Easter time, and on the occasion of all holy
fasts and feasts. The "dyvours habit" would also be a most admirable
garment of daily wear for tradesmen convicted of using false weights and
measures; and in the case of ladies found guilty of a like offence, the
bonnet vert might be worn either for the promenade or behind the
counter, and would produce a most pleasing effect.
Pall Mall Gazette.
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From the Deal, Walmer, and Sandwich Mercury,
20 March, 1872. 1d.
THE GOVERNMENT LICENSING BILL
In laying upon the table of the House of Lords the Ministerial bill
for the reform of the licensing system, Lord Kimberley admitted that it
had no pretensions to be regarded in the light of an ambitious measure,
the question with which it dealt not being one that could be settled on
any general theory. It would not disturb existing rights, but would
interfere with licenses to be granted, and by stringent police
regulations prevent the abuses connected with public-houses. The most
important principle related to the manner in which it was proposed to
deal with the present licensing bodies. In regard to the granting of new
licences, it adopted the following system:- First, licences granted by
the county magistrates would not be valid unless confirmed by a special
committee to be appointed yearly by the Court of the Quarter Sessions;
next, in boroughs, where there were not more than nine justices, the
jurisdiction would remain with them as a body, and where there were more
than nine they would appoint a committee who would grant all new
licences. Those licences, however, would not be valid until confirmed by
the whole body of the justices, and the Secretary of State. Further, the
stipendiary magistrates would have power to act, which they had not now;
but no change would be made in the renewal of licences. The right of
appeal to the magistrates in Quarter Sessions would be extended, and any
person who objected to a licence might carry his objection to the
general body of magistrates and to the higher court of appeal as at
present, security being given for the costs, and where the objection was
grievous or vexations compensation would be awarded to the publican. The
bill provided for closing public-houses in the metropolis from twelve at
night until seven in the morning, in towns under 10,000 inhabitants from
ten to seven, and in towns over that population from eleven to seven. On
Sundays the houses would not open until one, and the hours of closing on
that day would in the three cases mentioned, be seven, nine, and ten
o'clock respectively. The second reading was fixed for the 2nd of May.
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From the Deal, Walmer, and Sandwich Mercury,
31 August, 1872. 1d.
PUBLICANS' LICENSES
The Magistrates have appointed the 12th September next as the annual
licensing day, and at that meeting they will take into consideration and
discuss as to altering the closing hours, in conformity with the new
Act.
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From the Deal, Walmer, and Sandwich Mercury,
14 September, 1872. 1d.
THE ANNUAL LICENSING DAY
Thursday was annual licensing day for this borough, and the
Magistrates present at the Petty Sessions were G. Hughes, E. Brown, W.
M. Cavell, J. Iggulden, T. F. Hulke, and G. Fry Esqrs. The business
occupied between four and five hours, and only one license was witheld -
that of the "Brickmakers' Arms," beer-shop, against the landlady of
which there were three complaints, which will be investigated at the
adjourned meeting. Mr. Ricketts, of the "Park Tavern," applied for a six
day's license only, so that he might close the house entirely on
Sundays, and he also wanted permission to keep open till half-past
twelve or one o'clock on Tuesdays. The first application was granted,
but the other was left open for settlement at an adjourned meeting, as
were also several claims for extension of time from landlords of houses
adjacent to the beach. The applicants were admitted into the
Magistrates' room one at a time and each one was asked what hour of
closing would suit them best, and was at the same time informed that the
hours would be fixed afterwards and due notice given. As far as we could
judge, the majority were in favour of closing at eleven or half-past.
Owing to the new Act requiring that a register should be kept of all the
houses, with the names of the landlords and the amount of rent, the cost
of all licenses was increased by a small fee, and several of the
publicans were curious enough to enquire the cause of the increase, and
were generally satisfied with the answer; but one sceptical old
gentleman at the South-end was even bold enough to ask to see the Act,
and the Magistrates humoured him by reading the clause in question. Mr.
Linscott, grocer, applied for a certificate for a license to retail
"wines, sweets, spirits, and beer in bottles or wood, not to be consumed
on the premises," and the same was ordered to stand over till Thursday
week. We understand that after fully considering the requirements of the
town, the Magistrates have decided that the hours of closing for
public-houses shall be half-past eleven on weekday nights and ten
o'clock on Sundays. Beer-shops to close half an hour earlier. The
opening hours to be five o'clock in every case.
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From the Deal, Walmer, and Sandwich Mercury,
28 September, 1872. 1d.
LICENSING BUSINESS
This being the adjourned licensing day, the various matters postponed
were now produced with, the Mayor withdrawing for the time. The license
of the "Duke of York" public-house, Cemetery Road, was transferred from
Mr. W. Croft, to Mr. Patrick Harris, who has been conducting business
for a long time.
A renewal of license was granted to Mr. Beer, of 61, Beach Street,
and also to several of the grocers, and a hotel license to Mr. Childs,
for a house on the Prince of Wales's Terrace, the business being
separate from her husband's under a settlement.
Mr. Linscott, grocer, Lower Street, applied for a certificate to sell
beer in bottles, to be consumed off the premises. A memorial had been
received, signed by a large number of the publicans, praying the Bench
not to grant the application, on the grounds that it was quite
unnecessary that Mr. Linscott should have a retail license, and that if
one were granted him it would be very unjust to the memorialists and
injurious to their trade. Mr. D. Almond, of the "Rose Inn," was present
to support the memorial, and, in answer to the Bench, said injury would
be occasioned to himself and the other memorialists from the fact that
if Mr. Linscott's application was granted he would be able (his being a
free house) to get a barrel of beer much cheaper than many of the
publicans, and drew it off into bottles and sell it out. Mr. Linscott
said there appeared to be some misapprehension as to his application. He
did not want to have a cask of beer in and sell it out in draught, but
he merely asked to be put on the same footing as Mr. Fitch, grocer, in
Beach Street, and Mr. Methold, grocer, at the corner of Queen Street,
who were bottled beer merchants. His prices would always be higher than
the publicans', because he would sell Allsopp's and such like beers. He
had no desire to turn the house into a public-house, and it was not his
intention to retail beer in open vessels. Mr. Almond said Mr. Fitch and
others had done great injury to the publicans round that part of the
town. Mr. Linscott said he would not press the application if he thought
it would do harm to the publicans, but he could assure the Bench that
several times last summer ladies and gentlemen came into his shop and
asked to be served with beer and ale, and when he told them he did not
keep either, but would take their order and send it across to his
neighbour Mr. Almond, they refused to have it from there when they found
out it was a public-house, and went and got it from one of the other
grocers. With all due respect to the Bench, moreover, he did not think
they had the power to refuse him the license. If he were applying for a
license to sell beer in open vessels they would have the power of
refusing, but he submitted they could not refuse in the present case.
Mr. Mercer (the Clerk) said that under the Wine and Beer Act the
Magistrates could only refuse a license to a person of bad character.
The Magistrates, accordingly granted the application, Mr. Almond
remarking that it was very hard on publicans, and that he supposed they
would soon have the drapers applying for licenses.
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From the Deal, Walmer, and Sandwich Mercury,
2 November, 1872. 1d.
APPLICATION FROM THE PUBLICANS
A large number of the Deal publicans, with Mr. T. Kidner, landlord of
the "New Inn," Lower Street, at their head, applied as a deputation from
the licensed victuallers of the Borough of Deal, to ask the Magistrates
to give the memorial they begged to present, applying for an extension
to the hours of closing on Sunday evening, their favourable decision.
Mr. Kidner said they found that at Folkestone a similar request had been
acceded to and the hours extended from ten till eleven, and the
deputation hoped the Magistrates would favourably consider and grant the
earnest request of their humble petitioners.
Mr. Mercer then read the memorial, which he said was very
influentially signed and contained 65 signatures, after which Mr. Kidner
observed that the publicans were a very hardly taxed portion of the
community, and they thought it very hard that they should have to close
at ten on Sunday evenings, before the arrival of the last train, and
that it would be particularly inconvenient during the summer time.
The Magistrates said they would summon the whole of their members
together, and give the memorial their very best consideration, and
announce their decision on Thursday next.
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From the Deal, Walmer, and Sandwich Mercury,
19 November, 1872. 1d.
THE PUBLICANS' APPLICATION
Mr Kidner and one or two other licensed victuallers were present to
hear the Magistrates' decision with respect to the application made to
them on Thursday last, for the extension of the hours of closing on
Sunday nights.
Mr. Hughes said the Magistrates had given the application their most
careful consideration, and they did not think they would be justified in
making any general alteration in the hours of closing. Having fixed the
hours, they considered they were shut out by the terms of the Act from
making any alteration within the current year; but there would be every
disposition on their part to reconsider the application in a renewed
form on the next annual licensing day, when proper notice of such
application would have to be given.
Mr. Kidner inquired how it was that the hour had been altered at
Folkestone.
Mr. Hughes said the Magistrates could not answer that question. They
could not tell how the question came before the Folkestone Magistrates,
or how they got over the difficulty. The alteration might have been made
at the adjourned Licensing meeting.
Mr. Kidner then thanked the Magistrates and withdrew.
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