The National Register.
London, England, 1819-05-10 00:00:00

MAY 10.

licences, It was signed by between two and three thousand Li-
censed Vic:tend!ere residing in the metropolis.
Petition teed. and ordered to be printed.
Mr. Ben Neer then, in pursuance of his notice, rose to move
for leave to bi lag in a Bill for the better regulation of the se: awing
of Licences to Publicans. The Committee, which had been
appointed to enquire into this subject, had satisfied the llouae
that no question could come before the flouse which more deeply
affected the morals of the people, and more imperiously de-
mantled the coneideretian of the Houee.—(Hear !) As the
Reports hwl long Main before the House, he would not fittigue
them with travelling through the contents of such documents:
he woold content linnet If with adverting to the law regarding the
granting of Licences as it now stood. The principal law was
that of the afith Geo. 11. ch. Se- That law for the first time gsve
the power of annually renewing the Licences. Prior to that
Feria! Licenses were not renewed annually; being once granted
they continued till the poaseasure of them forfeited their Licences
by bad cotideat or improeer demeanor. It is also required that
applications should be supported by a certificate from the Cler-
gymen of the parish, the Parish Otficeri. etc. In some counties
they would nut license where the signature of the Clergyman
was wanting, and he could mention instances, where the Clergy-
men, front scruple of conscience, would sign no Petition so that
between these two regulations. sometimes no licences at all could
be obtained. In the metropolis the Clergymen generally signed
the Certificates as a matter of course, receiving a small tee ; and
t. sale of the Parieli Offieers also as regularly signed the Certifi-
cates, they likewise receiving fees. 'Thus u far as the really re-
coninientlatory character of the certificate was concerned. the law
was in fact a dead letter. 011 applying for a new licence, the
Act required that the application should be supported hr a certi-
ficate eihmed by tile Clergyman of the Parish in which the liiiiise
was situated, a, well as by the Cliurchweidens. Ovenseere, &c.
Ile proposed to amend this part of the law, by requiring the sit
?suture of the Clergyman, u majority of the Overseers, &c. be •
bides eix parishioners ; or instead of the (Bikers, by twelve pa-
rishioners. And instead of requiring it from persons in the patch
in which the house stood, the signatures should collie from persons
of the parish in which die petitioner resided. Thin would niakethe
recommendatory certificate really efficacious ; fur it was in evi-
dence tlea persons who had been deprived of their Licences on
secoont of the badeharacter of the houses which they might pre-
viotrely have occupied, after removing possibly to the oppoeite
side of the street only hail been licensed by another set of .Magis-
trates.--The rev-owns:nice: next claimed notice. Ai the Lew
stood. the tUntlizancts were, the Publican to die annetn: of IN.
i and two sureties n ree. each; but them recogniasoces were in tenet
a were dead letter in town, as well as all over the country. The
clerk held in his hand a paper. calling over names, the parties
being in reality sureties for another ; and besiles there Wai no
instsoce where these recognizances had been entreated. Ile
proposed to increase the amount of the reoognisanexe, and to have
the parties regularly sworn to the amount; in tact, to make the
rocognisanceb real and effective in operation. Regarding another
part of the mode in which Magistrates conducted themselves, he
lamented to say that a practice had arisen of late years which was
not warranted by any Act of Parliainent—namely, that ea taking
away Licata* Anil of resuming them, without assimeing any
reasen for such conduct, or appealing to any Jury or other power,
hut Ilt the mere will evil plea:Aire of the magi-trate.... He did not
wish to throw any slur ea the alagistrates—lie only complained
of the practice which in operation produced most fatal armee-
quencea In the Metropolis it was particularly so. Evidence
had been adduced, which shew,d dun licences were ideas away
by Magistrates ea most vague and indefinite wounds indeed, it
was shown, that the, had been recommended never to assign -my
reasons for taking away licences. It hail therefore happened,
that there were musty roses of persons, who, after having kept
houses for years, with the approbation of Magistrates, and the
r commendation of Clergymen, Parish Officers, eke. had been
arbitrarily and suddenly deprived of their leicencee on some un-
specified ree-ons, possibly bounded in error or misrepresentation.
But no reasons fix such deprivations, could be obtained ; and lie
had ntanv well authenticated eases where these retinal, had take n
place. where the parties had the reqaisite certiticates, rec. refu-
fusals that were frequently billowed by distress and ruin. There
was another evil reaUltillfroln this practice which particularly
skewed itself in Borough !'
owns. It was cartial on to a greater
extent than even lie had inieeined. 'Coward as he was to suspect
Magistrates. &c. where electioneerilee matters came in their stay.
In those Borough Towns this practice of arbitrarily taking away
licences, where the possessors may have offended during comeeted
elections was corruptly exert:Weil to IA amazing extent; and
lie hid the countenance of *one very high law authorities fur de-
elating that this practice was not founded in the law of the land,
certainly not in the Act in eviously mentioned. The Act requiring
the annual renewing tit licences did hat give the Magistrate any
additional power met: the Licences when they were once granted
—their power was only ministerial alter the licence, had been
granted; they were never judicial except where new Licences
were to be grant...cf. The etith Geo. 11. lie intended should be
repealed ; and to subetitute a gradual scale of penalties. The
best and second complaints should be before the Magistrates, but
the third should be sent to a Jury ; and they should be em-
powered to fine to the amount of tool. or to declare the Licence
el./dated. According to the present practice, Licences were
withdrawn on the lima vague and fanciful grounds; oci princi-
ples and motives that would be contemptible, but fur the mis•
cl.iefs which ensued. it is object wag to give sena: little protection
to the Publicans; to rescue them t becoming the victims of
paltry and petty cepeice; to secure them against the repetition Of
such mitifintune, he proposed that there shouil be an appeal
against the decision of the Licensing Magistrates. It was his
opinion that such appeal should be to a Jury—but as this hind
been heretofore objected to, on the ground that it would east a
slur on the Magistrates, he now proposed that time appeal should
he from the Licensing Magistrates to the Magistrates lam:inlaid
in Quarter Sessions. Co this lie thought there could be no ob
jection ; this could be casting no stain on the Magistracy ; er..l it
would be giving protection where protection was wanting. Ile
should also propo re, that where it was intended to apply for new
Licences, three month, notice of such intention should be given ;
and this would prevent parties from smuggling a licence. Ile
aim proposal to introduce &clause, the object of which should be
to cheek the system by which Brewers gut houses into their own
hands, and confined theta in their own 'retie, nod he proposed
to accomplish this end by rendering all contrects, made by
Brewers with Publicans, binding them to take the articles sold
(rani certain tinns, void, sitter a certain period. That the Brew-
ers hind ininienee numbers of houses, which they kept in their
Own trade', was is notorious fact. In his (Mr. W.s) own neigh-
bourhood there was not one public house that did r.ot belong to
Brewers. At tine place in the country thine were sixty-seven
public houses, and nearly all of them were in the same condition.
At Warrington there were I 7 or IS public bona:, ; about t t of
them were in the hands of Brewers. In elaidetune there were
about 4u public houses, nearly all of' them were in the hands of
Brewers KIRI Distillers. By this system an artificial value was
given to the 1101151.14 and the vending of particular people's
goods was secured. whatever might be their quality.—
The evil consequences of such a systems were known and felt.
To the principle tit hie prorosed Rill lie thought eo one would
object. Ile had endeavoured to meet most of those details now
complained of; and if the principle of the Bill were not objected
to, he trusted he should not want the co-operation of the !louse.
heat) Ile concluded with moving for leave to bring in a