§ MR. T. W. RUSSELL (Tyrone, S.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, in the appointment of holders of retail licences for the sale of intoxicating liquors to the Magistracy in Ireland, the Lord Chancellor has stipulated for the transfer of the licence to some other person; whether, as a matter of fact, the transfer under such circumstances has been colourable and mainly made to relatives; whether, as a result of this course of action on the part of the Lord Chancellor, the real owner of the public-house is enabled to sit and act on the Bench in all those cases where the law declares a publican shall not sit or act; and if he will direct the attention of the Lord Chancellor to this result of his action?
§ MR. ASQUITH(who replied) said: In the appointment of the retail licence holders to the County Commission the Lord Chancellor stipulated for a transfer of the licences except in one case, where, as I have already explained, the person appointed holds the licence as trustee and in a distant part of the county. Moreover, these appointments were, save in two instances, made on the recommendation of the Lieutenant of the county. It may be true that in some cases the transfers were made to relatives, or that the transferror secretly retains some interest in the licensed premises; but if the transfer is not bonâ fide, and if the person transferring retains any interest whatever in the premises, or the profits, or even manages them, he remains subject to all the disqualifications attaching by law to a licence-holder just as if no transfer had been made, and he is debarred by Section 60 of the Act of 1872 from taking part in licensing cases. I am in correspondence with the Lord Chancellor in reference to this matter, which cannot be considered as being in a satisfactory state.
§ * MR. M'CARTAN (Down, S.)Is the right hon. Gentleman aware that the holding of licences is no disqualification in law for being placed on the Commission of the Peace, and that the only disability is that the holder shall not adjudicate on cases under the Intoxicating 1283 Liquor Laws? Does not the same disability apply to brewers and distillers, and shareholders in breweries and distilleries?