Colonel Evanspresented a petition from a licensed victualler, named William Spicer, relative to the conduct of the Magistracy in granting victuallers' licences. The petitioner stated that he kept a public-house in Tower-street, Seven Dials, and that having taken an active part on the behalf of one of the candidates for the coronership of Middlesex, he thereby incurred the displeasure of a Magistrate of the county, and was in consequence threatened with retaliation; that very shortly afterwards Mr. Flower, the Magistrate alluded to, obtained a licence for a public-house within sixteen yards of the petitioner's house, while there were already near fifty licensed public-houses within a radius of 100 yards from the house of the petitioner. He also stated, that the house alluded to was next to a chapel, and that it was very much against the wishes of the inhabitants to grant any additional licences, as there 1130 were already a great many more public-houses in the neighbourhood than there was any occasion for, and that the parishioners accordingly petitioned the Magistrates against the granting of the licence, but no regard was paid to the petition. The hon. Member then read the certificate of a magistrate, named Becket, whose name had been attached to the licence, declaring that his signature had not been fairly obtained.
§ Mr. Lambdid not think the House could interfere, except by an alteration of the present law. If malversation or corruption were brought home to any Magistrate, he was punishable at common law; and Magistrates had not unfrequently been brought before the Court of King's Bench and punished, though he was bound to admit the chances under the existing law were very unfavourable to the complaining party. He believed the petitioner had been hardly dealt with, and attributed it to the great powers intrusted to Magistrates by the Act, but he nevertheless did not see any remedy but by an amendment of the present laws.
§ Sir Francis Burdettthought the petitioner's case one of great oppression. He had long been of opinion, that the law required alteration, and that opinion was very much strengthened by the singular case before the House, which went to show that it was in the power of a Magistrate to grant a licence improperly, as well as to refuse one. The law had been long and loudly complained of, and he did not see a fitter opportunity for inqiury than in the present instance. A much higher value was set upon property of this description, and more money given for it, on the good faith and understanding that no new licences would be granted in the immediate neighbourhood, unless a positive necessity was shown for granting them. In this case none had been shown, and he was bound to say there was every appearance of the exertion of undue influence. Under these circumstances, he earnestly recommended the gallant Colonel to carry the matter further, and suggested a Committee of inquiry
§ The Petition laid on the Table.