NBWTA Report 1903-041
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77 76 and was opinion the hous e was not wanted in the neighbourhood, enormous number of already the sing increa by people the g narmin licensed houses that existed. be a source of The fact that public-houses are always likely to our licensing all of basis the been has nce demoralization and annoya ment to amend Every tion. laws through the history of such legisla by the ed produc ions condit with cope to e struggl a these laws has been very has ker Whitta Mr. and ; evils resulting from the sale of intoxicants the all in ied embod policy of lines broad the that justly pointed out early Acts are as follows :— general public 1. That the retail sale of intoxicating liquors by the should be prohibited. ed by, and 2. That permission to sell should be specially obtain should only it that and , persons only be granted to, suitable public con- that ered consid was it where and when given be ce to the nuisan or evil no and venience would be served community would result therefrom. er it was 3. That permission to sell should be withdrawn whenev cease. should it that deemed desirable in the public interest a matter of 4. That the granting of licences to sell intoxicants is in which locality the of ants inhabit the to immediate concern to the sale is permitted, and consequently should be entrusted the with ted acquain be to likely be would an authority which requirements and wishes of the neighbourhood. reject and put In the first Act (2 Henry VII., c. ii.) the power to shall think they where places and away common ale-selling in towns order to restrain in Peace, the of s Justice the to given was ient conven other evils which rogues and vagabonds, to put away unlawful games and in connection with g existin as zed recogni were ago years d hundre four Therefore the first Act which was ever passed upon the sale of liquor. to exercise this important point gave the Justices of the Peace the power the sale of else, nothing and sion, suppres ate authority for the immedi it should cease, of intoxicants, wherever it was deemed desirable that and this Act is the foundation of our licensing system. med, but it In the reign of Edward VI. this principle was re-affir a tippling- or se ale-hou an keep should one no that enacted was fur ther the Peace. of Justices the of sion permis house without first obtaining the by private liquor of sale the of tion prohibi first the have we ‘And here hed. persons, and the system of licensing by the Justices establis same In 1700 the retail sale of spirits was brought under the was it (1729) 28 c. II., George second regulation ; and then in the declared :— ; Whereas many inconveniences have arisen from persons bein licensed to keep inns and common ale-houses by justices of the peace, who, living remote from the places of anid of such persons, may not be truly informed as to the occasion o want of such inns or common the persons applying ale-houses, or for license to keep therefore enacted that no licences should the character the same,” of it w: be granted exce t _ a general meeting of the justices “acting in the divisi : : the said person dwells.” veh hus, definite authorit Wu y was given Thus, i to the Justices to deci siete ave er partie and requirements of each locality, and oe y was their judgment to be based on the eviden ce brought i ; ae also on their personal knowledge of the points at isle * _ The very fact that anybody requiring a new licence has to give notice to the Overseers of the Parish, to the Superintendent of Poli and to the public by means of :— is First—A notice on the premises proposed to be licensed ; Secondly—A notice on the door of the Parish Church : Thirdly—A notice in the local newspaper ; is a distinct and absol ese FS) BURNS is interested in the granting of aera with the Police and the Poor Law authorities, be it is understood that the granting of a licence may di af are cite neighbourhood, militate against its welfare, a ae Pee a influences in the locality in- which it is situated. It is thétlefo : distinctly laid upon the Justices that they should protect ‘the Able neta and well-being by refusing licences at their discretion heevER it is desirable and right ; and, furthermore, that such licences should be ey for ong year and no longer, in order that each year the Justices i y have the opportunity of revising their decisions in the interests of e public as freely and as disinterestedly as in the first instance Now ¥ the reason wh y these provisions isi 1 were made is that at it i h oe universally understood that the trade in intoxicants is one ‘that See to the community, that it has universally been admitted as a Anata! 2BRe and BAMPRNERRS and that in proportion to the amount of ees - g in any y neighbour neig ood, so the above-named evils i exist 1 and Has THE SPIRIT OF THE MAINTAINED LICENSING BY THE LAWS BEEN HITHERTO MAGISTRATES? We have now got to t consider wh ether the spirit ir on which are based ne seenaine laws of this country has been hitherto maintained by the fee bees or enh they ax° neglected the use of the power which en to them in order efficiently to administer the laws which enable them to protect the public. The number of places fideniGed |