SECOND READING. (Hansard, 15 February 1876)

DR. CAMERON

, in moving that the Bill be now read a second time, said, its object was to assimilate the law of Scotland relating to the granting of Licences to sell intoxicating Liquors to the Law of England. It was unnecessary to adduce any argument to show that the need for some reform of the licensing law had long been felt in Scotland. He believed that every Scotch Member would admit that such was the case, and he was certain the right hon. Gentleman the Secretary of State for the Home Department must have learned that it was so from the numerous deputations which from time to time had waited on him on the subject. There were two great defects in the Scotch method of granting licences for the sale of intoxicating 329 liquors. The first of these consisted in the fact that there was an appeal from the licensing Courts to the county justices of the peace assembled in quarter sessions, and that the decisions in licensing cases of the burgh magistrates and the justices in petty sessions were liable to be overturned to any extent on appeal. The second grave defect in the Scottish system was that it permitted of canvassing and of bringing up the justices of the peace to vote in the Appeal Courts, a practice which had given rise to very great scandal. He did not propose to say anything about the latter result of the system, which was notorious; but in regard to the first-mentioned defect—that of allowing the justices in quarter sessions to overthrow the proceedings of the burgh licensing magistrates—he might state that he found from two Returns laid before the House two years ago, that in four years to which they referred, 223 licences, or one-seventh of the entire number of licences then in existence in Glasgow, were granted in that city by the justices in quarter sessions on appeal, after their refusal by the licensing magistrates of the city. Both these evils would be avoided under the English system. The first—the overturning of the decisions of the licensing magistrates—was avoided by the enactment that in the case of applications for new licences, a refusal on the part of the licensing magistrate was final. There was no appeal against their decision. The system of canvassing, which had excited so much dissatisfaction and comment in Scotland, was avoided under the English system by the institution of licensing committees, to whom was intrusted the responsibility of confirming the licences granted by the inferior Court. He proposed now to explain very briefly the working of the English system. Under it, as he had said, the local magistrates in Brewster Sessions were entitled to refuse absolutely all and any applications for new licences that might be brought before them, and no appeal existed against their decision. Each year a licensing committee of not more than 12 or less than three individuals was appointed by the quarter sessions, and to this committee was intrusted the responsibility of confirming such licences as might be granted by the inferior Courts. They could not increase the number of licences granted, 330 because no appeal existed to them in the case of refusal; but they could restrict the number granted in case they thought the inferior Court had granted licences in too large numbers. In the burghs a joint licensing committee was intrusted with the same duties. This joint licensing committee was composed of three members nominated by the licensing committee of the county, and three members nominated by the licensing committee of the borough, and their functions were the same as those of the licensing committee of the counties. The essential difference, in fact, between the Scotch and English systems of granting licences was that the functions in Scotland of the Appellate Tribunal were, in practice, almost purely expansive, while in England they were purely restrictive. It might be asked, Why introduce all this machinery? Why not simply do away with appeals altogether? The suggestion had been made again and again by the corporations of the different towns of Scotland; but it was open to this great objection—that it would entail an alteration in the law which would seriously affect the interests of holders of existing licences, whereas by adopting the English system they would avoid the difficulty. Under the Bill before the House, the interests of the holders of existing licences would remain precisely as they now stood, and regulated by the same provisions as those that now existed. The system which had been adopted in England also possessed another advantage over the simple proposal to abolish appeals, and this advantage was that in case of the simple abolition of all appeal, the inferior Court of licensing magistrates would, if so disposed, have it in their power to grant any additional number of licences. In the working of the English system an effectual check was put upon the abuse of such a power by the existence of the licensing committees intrusted with the function of restricting the issue of licences to such a number as they might judge to be fitting. The present Bill was introduced and printed last year, so that ample time had been allowed for its discussion in Scotland. He would, therefore, ask the Government to allow it to be read a second time that evening; and, in the event of their considering it desirable that the country should express a further opinion in regard to its merits, he would postpone the 331 Order for going into Committee until such date as would afford ample time for full consideration. The hon. Gentleman concluded by moving that the Bill be read a second time.