§ MR. JOHN KELLYI beg to ask the Secretary of State for the Home Department whether he will state to the House the purport of the answer of Mr. Justice Grantham to the question which he undertook, on the 30th ultimo, to put to that learned Judge, with reference to the evidence given by the defendant's manager at the hearing of the action of "Keen v. Ushers & Co., Limited," on the 28th ultimo; whether he is able to say if evidence was given in that case as to its being a common practice with Brewery Companies to employ persons to manage their licensed houses who are, in fact, the mere servants of such companies, dismissable at a week's notice, but are made to sign agreements with the Brewery Companies for yearly tenancies in order that such agreements may be produced before the Licensing Justices; and whether, with a view to prevent frauds being practiced upon the Licensing Justices by the production before them of bogus agreements for yearly tenancies, he will call their attention to the case of "Keen v. Ushers & Co.," and to the fact that their power is limited to granting or renewing a licence to a person "about to keep" the house, and that they must take all necessary steps to ascertain whether applicants, who may produce such agreements before them, are nevertheless only the servants of the Breweries' Companies to which the licensed premises belong?
§ MR. MATTHEWSI am informed by the learned Judge that in the case tried before him both the man put in possession and the defendants stated that the agreement was a "bogus" agreement, and adopted for the purpose of deceiving the Justices. This being admitted, the Judge describes such an agreement as a fraud on the Justices, but stated that, in his opinion, the London brewers, as a rule, were not guilty of it, and that it was not a universal practice. No evidence has reached me either that the requirements of a yearly tenancy is commonly made by the Justices, or that, when made, it is fraudulently evaded by the applicant for the licence. The case of "Keen v. Ushers & Co." establishes no new principle of Licensing Law to which attention need be called.
§ MR. KELLYMay I ask the right hon. Gentleman whether the Magistrates have any power to give or transfer a licence to any person except the person about to keep the premises?
§ MR. MATTHEWSThe hon. Gentleman is now interrogating me on the Licensing Laws. I must refer him to the Law Courts.