§ SIR W. LAWSON (Cumberland, Cockermouth)I beg to ask the Secretary of State for the Home Department whether the Magistrates at Derby have granted an hour's extension of time to the publicans and beershop keepers for the 21st and 22nd instant, on the occasion of Her Majesty's visit to Derby; and whether the permission was given by a general order without the merits of each separate application being considered; and, if this be the case, whether such a course was consistent with the law as laid down by the Lord Chancellor in his 778 Judgment in the "Sharpe v. Wakefield" case as follows:—
Justices were authorised to alter the hours for the sale of intoxicating liquors in any particular district, but it was held that though this was a general discretion given to them, they had no right by a general resolution to. alter the time in every case"?
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. MATTHEWS,) Birmingham, E.I am informed that it is a fact that the Magistrates at Derby have granted an hour's extension of time to the publicans and beerhouse keepers for the 21st and 22nd instant, on the occasion of Her Majesty's visit to Derby. The Judgment in "Sharpe v. Wakefield" lays down that when a discretion is vested in Magistrates to vary the hours for a particular locality requiring such variation they ought to exercise a bonâ fide judgment as to the needs of any locality for which variation was made. In like manner, under the Licensing Act, 1872, the Magistrates are bound to consider and determine judicially whether the special occasion of Her Majesty's visit warrants an extension of time; and if the same reasons apply to all publicans alike, I find nothing to require that they should make a separate order for each public house.
§ SIR W. LAWSONThen the wholesale order giving the extension in all cases without any special inquiry is a legal one?
§ MR. MATTHEWSIt is not for me to decide whether it is legal or not. I have given the hon. Baronet the best answer I can on the information I have.