§ DR. CLARK (Caithness)asked Mr. Chancellor of the Exchequer, Whether the Excise Authorities are aware that wines, spirits, and beer are nightly sold by retail at the Empire Theatre, Leicester Square, London, no magistrates' licence having been granted for the sale of excisable articles upon such premises; why the persons concerned in such sales have not been proceeded against by the Excise Authorities; and, whether it is the intention of the Authorities to institute proceedings?
§ THE CHANCELLOR OF THE EXCHEQUER (Mr. GOSCHEN) (St. George's, Hanover Square)The Commissioners of Inland Revenue are aware that intoxicating liquors are sold by retail at the Empire Theatre. After the theatre had been licensed by the Justices as a place of public entertainment, an application was made to the Commissioners to issue an Excise licence for the sale of liquors there under Section 7 of the Act 5 & 6 Will. IV. c. 39; but the Commissioners were advised that since the passing of the Licensing Act of 1872, they had ceased to have the power to issue a licence in England under that section for any place except a theatre. The point, however, is not free from doubt; and a Rule Nisi for a mandamus to compel the Commissioners to issue the licence was granted by the Court of Queen's Bench on the 13th of December last. Upon service of this Rule the Commissioners felt they were not justified in objecting to the sale of liquors, or in taking any steps which might have the effect of postponing the opening of the house, and throwing a large number of persons out of employment. They, therefore, accepted a deposit of the amount of duty which would be payable on the licence, pending the argument of the Rule. It is expected that the Rule will come on for argument in the course of next month.
§ Dr. CLARKasked, whether the right hon. Gentleman was aware that last year an application was made to the magistrates for a licence, which was refused, and that power was only given to the Commissioners to grant a special licence of three days, and that those 46 three days had been going on ever since Christmas of last year?
§ MR. GOSCHENThe Commissioners have not granted a licence, but a Rule Nisi for a mandamus to compel them to do so has been granted; and it is in consequence of that that the sale of intoxicating liquors at the theatre has been permitted. If the Commissioners are held to have been right in refusing the licence, of course the sale will be stopped.