§ MR. KENNYasked the Chief Secretary to the Lord Lieutenant of Ireland, If he has had brought under his notice the report of a licensing case at Ballymena Quarter Sessions, in county Antrim, held in this present month, in which an applicant was refused a transfer of an existing licence because of his holding another licence in the same town; whether such ground of refusal is a good ground of objection according to the statute; is it not the fact that refusal of licence upon such a ground has been decided to be illegal by the Court of Queen's Bench, in the case of Kinsella and Kavanagh against the Wicklow Justices; has his attention been called to another case of refusal of transfer at Antrim Quarter Sessions, in the same county, on the 17th of this month, of a publican's licence, and that the applicant in this case had succeeded in overturning a previous refusal by motion in the Queen's Bench; whether he is aware that the course of procedure pursued by the county court judge of Antrim, in licensing cases, is the cause of 1149 grave dissatisfaction to the publican interest in Antrim and Belfast, and has led to much expensive litigation; whether he is aware that another of the justices at Antrim was the Chairman of the Irish Temperance League, and that the other justices present are also contributors to the funds of the League, which are employed in feeing a solicitor to oppose licences; and, whether justices connected with the liquor business are disentitled by statute from acting at licensing sessions?
§ MR. TREVELYANSir, with regard to the first paragraphs of this Question. I have only to say that the Quarter Sessions is an independent Court, over which the Government exercises no control. If any party is dissatisfied with their decision in refusing a transfer of a licence, on the ground that such refusal is illegal, his proper course is to apply to the Queen's Bench; and I cannot enter into the merits of any particular cases upon which the Quarter Sessions Court has adjudicated. I am not aware whether the further statements made are correct, nor do I think that I am called upon to make inquiry on the subject. The Lord Lieutenant has no power to interfere with a County Court Judge, nor has he any right to interfere with a magistrate on the ground that the course pursued by him has caused dissatisfaction to a particular interest. If the hon. Member's informant has any just cause of dissatisfaction with particular magistrates on the ground of their connection with a Temperance League or otherwise, his complaint should be addressed to the Lord Chancellor. As to the concluding paragraph of the hon. Member's Question, I must refer him to those provisions of the Licensing Acts which deal with the subject of disqualification to act at Licensing Sessions.