§ MR. WETHEREDasked the Secretary of State for the Home Department, Whether his attention has been called to a letter printed in "The Morning Advertiser" of 12th instant, addressed by order of the Magistrates of the Luton County Bench; and, whether magistrates have the power of making the transfer or renewal of a licence to a publican conditional upon the doing away with freedom of contract in respect of the sale of the goodwill of his business, as appears from the above letter to be the intention of the magistrates of the Luton division?
MR. BRUCEsaid, in reply, that through the courtesy of the hon. Gentleman he had seen a copy of a letter printed in The Morning Advertiser of the 12th instant, addressed by order of the magistrates of the Luton County Bench. With respect to beerhouses the licences of which were granted before the 1st of May, 1869, the magistrates had no power of refusing the transfer or renewal except for the special reasons stated in the Act of 1869; but with respect to beerhouses the licences of which had been granted since that date, and to public-houses generally, the law was different. In their case the magistrates had full discretion to refuse the transfer or renewal, subject to an appeal to the magistrates in Quarter Sessions. Applications had been made to the Court of Queen's Bench where corrupt motives were attributed to the magistrates, or where their conduct was alleged to be arbitrary or oppressive. He was unable to say whether the making the transfer or renewal of a licence to a publican conditional upon the doing away with freedom of contract in respect of the goodwill of the sale of his business would be held by the Court of Queen's Bench sufficient to justify their interference.