HC Deb 08 June 1894 vol 25 cc673-4
MR. T. W. RUSSELL (Tyrone, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that the licence to sell intoxicating liquors held by Michael Ward, of Ballyshannon, has been annually renewed by the Justices, although Ward left the country for America many years ago; whether he can state how many prosecutions for breaches of the Licensing Acts there have been at Ballyshannon within the past two years, and with what result; and whether he will draw the attention of the Lord Chancellor to the fact that Magistrates holding retail licences sit regularly on the Bench and adjudicate upon such cases?

MR. M'CARTAN (Down, S.)

May I ask the right hon. Gentleman if he is aware that no such practice as is indicated in the last paragraph prevails in Ireland.

THE CHIEF SECRETARY FOR IRELAND (Mr. J.MORLEY, Newcastle-upon-Tyne)

In answer to the question on the Paper, I have to say the fact is as stated in the first paragraph. The business, I understand, is carried on by Ward's brother, and there does not appear to have been any complaint as to the manner in which it has been carried on by him. The number of prosecutions in respect of alleged breaches of the Licensing Laws arising within the town and district of Ballyshannon within the last two years is stated to be 645, of which 33 were dismissed and convictions were had in 612. Most of these cases appear to have been of a trivial character. Magistrates interested in the licensed victuallers' trade are not prohibited from adjudicating in ordinary cases of drunkenness, as the 12th and 60th sections of the Act of 1872 expressly empower them to do so. It does not appear that any of the Magistrates of Ballyshannon who are interested in the licensed victuallers' trade have acted in any cases in which they were not expressly empowered to act by the Licensing Laws. No Magistrate interested in the licensed victuallers' trade has been appointed for the Ballyshannon District by the present Lord Chancellor.

MR. W. JOHNSTON (Belfast, S.)

If a man gets drunk in a house owned by a Magistrate, can that Magistrate fine him for the drunkenness?

MR. T. W. RUSSELL

Is the right hon. Gentleman aware that a person licensed to sell intoxicating liquors must be a resident householder in the parish? How can a man who happens to be in America for several years be a resident householder? It is perfectly illegal.

MR. J. MORLEY

I cannot answer that.

MR. DANE (Fermanagh, N.)

Can the right hon. Gentleman tell us what is the area of this Ballyshannon District?

MR. J. MORLEY

Of course, I do not carry such figures in my mind.

MR. SEXTON (Kerry, N.)

Is it not a fact that out of a total of 5,000 or 6,000 Magistrates in Ireland only 16 are publicans?

MR. J. MORLEY

Sixteen persons interested in the licensing trade have, I believe, been appointed since the present Government acceded to Office.

MR. M'CARTAN

Is the right hon. Gentleman aware that, notwithstanding the absence of the owner, the house has been well conducted?

MR. J. MORLEY

That is so.

MR. M'CARTAN

Has it ever been prosecuted?

MR. SPEAKER

Order, order!