MOTION FOR RETURNS. (Hansard, 8 May 1877)

§ MR. BIGGAR
moved for Returns of the decisions of the Justices at Quarter Sessions for the county of Antrim, and the grounds of same; of the decisions of the Recorder of the Borough of Belfast, and the grounds of same, in the matter of the several applications for Certificate to enable Mr. James Dempsey to obtain transfer of, and removal of, spirit licence to premises situate on Shore Road, Belfast; and, of the decision in Queen's Bench in relation to refusal of said transfer, and the affidavits relating thereto, between the first application at October Quarter Sessions in 1874 and the present time. The hon. Member said, Mr. Dempsey endeavoured to obtain a transfer of his licence, and it was opposed by a person who did not even live in the same road. The transfer was not granted, and no reason was assigned for it. He believed the real reason was the jealousy of the magistrates to granting another licence in the district. He could not see how the Government could refuse the application of Mr. Dempsey to have the reasons given for the refusal of the transfer, nor could he understand that there could be any ground for refusing the affidavits relating to the matter. According to law and fairness Mr. Dempsey should know the grounds of refusal. One result was that for two miles there was not a public-house. If public-houses were for the accommodation of the public they should surely be placed at a less distance than two miles. In this case there was no pretence that Mr. Dempsey was not a fit person to receive a licence, and the grounds of the refusal he (Mr. Biggar) did not know.
Motion made, and Question proposed, That there be laid before this House, Returns of the decisions of the Justices at Quarter Sessions for the county of Antrim, and the grounds of same: Of the decisions of the Recorder of the borough of Belfast, and the grounds of same, in the matter of the several applications for Certificate to enable Mr. James Dempsey to obtain transfer of, and removal of, spirit licence to premises situate on Shore Road, Belfast: And, of the decision in Queen's Bench in relation to refusal of said transfer, and the affi- 584 davits relating thereto, between the first application at October Quarter Sessions in 1874 and present time."—(Mr. Biggar.)

§ MR. WHALLEY
objected, as a matter of principle, to printing such Returns, and suggested that the hon. Member should be allowed to inspect the documents at that Department.

§ THE ATTORNEY GENERAL for IRELAND (Mr. GIBSON)
said, he could not see how the House could go into the matter when the licensing sessions, having considered the whole question, exercising their discretion in the matter, had decided against Mr. Dempsey. The matter was twice investigated again, and the Court of Queen's Bench on the first occasion decided a point in favour of, and on the second occasion in Ireland decided against Mr. Dempsey. The Court of Queen's Bench in Ireland, as in England, acted as a Court of Appeal in licensing cases, and he did not see how the House of Commons could entertain such an application, which would practically constitute the House a Court of Appeal from the Queen's Bench. The inquisitorial investigation asked for was one he could not accede to.

§ CAPTAIN NOLAN
pointed out that public-houses in Ireland were important for electioneering purposes, and the people were jealous of such power being exercised in an arbitrary manner by the Government, as in some cases licences had been refused because of the political opinions of the landlord.

§ MR. BIGGAR
said, he did not ask for an inquiry, but simply a Return, and hoped the House would grant it. He believed it to be of great importance, and should certainly divide the House.