HC Deb 05 June 1882 vol 270 cc58-9
DR. CAMERON

asked the Lord Advocate, Whether it is a fact that, at a meeting of the Licensing Committee for the burgh of Peterhead on the 15th May, there being no quorum present, certain magistrates granted an illegal and invalid certificate of confirmation, purporting to authorise the applicants to sell excisable liquors at their own risk; whether the provost is correctly reported to have encouraged this infraction of the Law by saying, that He did not think there was much fear of them, and if it were him he would take the risk, and give a fellow the drink he wanted; and, whether the persons whose certificates were in question have acted on the advice thus tendered?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

I have made inquiry into this matter, and my information is, that at a meeting of the Joint Committee for the confirmation of licences for the burgh of Peterhead, held on the 15th of May, applications were presented for the confirmation of three licences which had been unanimously granted by the magistrates; two of the applicants already held licences for the sale of porter and ale, which expired on that day. There was not a quorum of the Committee, only three members out of a total number of six being present. The following deliverance was pronounced:— The Joint Committee confirmed, so far as they had power (a quorum not being present), the above three certificates, subject to the parties taking the risk of the Court not being complete, and in respect of no one appearing to oppose the confirmation; and further, that the magistrates unanimously granted the certificates at the Licensing Court. The votes of the members of Committee present would have insured the confirmation of the licences if the whole Committee had attended. I am further informed that the report of the expression attributed to the Provost is substantially correct; but that the Provost, who is an experienced and highly respected magistrate, explains that he used these words in jest, and that they were so understood by the persons present. I am further informed that the applicants have been selling intoxicating liquor since the Confirmation Court was held, and that the Inland Revenue Department have accepted the duty on deposit till a Confirmation Court is held, which will take place as soon as possible.

DR. CAMERON

asked under what law these confirmations had been granted?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

replied, that he did not venture to say whether they were legal or not. If anyone desired to test their legality, it was open to him to do so in the ordinary way.