DR. CAMERONasked the Lord Advocate, Whether the Law of Scotland peremptorily prohibits the common sale of exciseable liquors by unlicensed persons; if so, whether he is aware that the Ship Inn, Dumfries, is being openly conducted as a public house, although no certificate or licence has been granted to any person in respect of it; and, whether he has instructed or intends to instruct the procurator fiscal to prosecute those concerned, or to intimate to them that if the Ship Inn, while unlicensed, continues to be conducted as a public house, persons buying or selling exciseable liquors therein will be prosecuted?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)It is, of course, unlawful to sell exciseable liquors without a licence. I believe that no person has obtained a licence applicable to the "Ship" Inn at Dumfries; but the Revenue authorities have undertaken not to prosecute in respect of a petition by the Licensing Magistrates, and their promise to grant a licence on the first opportunity and upon a deposit of the duty. The Inland Revenue authorities, who are familiar with the whole circumstances, are the best judges of the propriety of a prosecution; and, having regard to the course which they have taken, I do not intend to give any instructions to the Procurator Fiscal on the subject.