MR. JAMES LOWTHER (Kent, Thanet)I beg to ask the Secretary of State for the Home Department, whether his attention has been called to the refusal by certain petty sessional courts to renew the licences of publicans against whom no complaint had been made of misconduct; and whether it is the intention of the Government to introduce legislation which will prevent such action taking effect until the question of compensation has been dealt with by Parliament.
§ SIR THOMAS DEWAR (Tower Hamlets, St. George's)At the same time may I ask the Secretary of State for the Home Department, having regard to the instances in the United Kingdom in which licensed victuallers who have spent considerable sums of money in the acquisition of their premises have been deprived of their licences through no fault of their own in either the conduct or management of their business, will he state whether he can see his way to introduce legislation such as will admit of compensation being granted in all cases in which the magistrates withhold the 501 renewal of a licence on the ground that a reduction in the number of licences in the district is desirable.
§ *THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. AKERS DOUGLAS,) Kent, St. Augustine'sThough my attention has been called to this matter I have no information as to the actual results of the present licensing sessions, but assuming that the facts are as indicated in the Questions, I must point out that it has long been clear by well-known legal decisions that the renewal of a licence may be refused for reasons other than misconduct, e.g. for the reason that the justices in their discretion do not think that the licence is required. I can give my hon. friends the numbers refused for this reason in four years since 1890 if they so desire. That discretion must of course (to use the words of the Lord Chancellor in his judgment on the case of Sharp v. Wakefield) be exercised "judicially," and what has to be done must be done "according to the rules of reason and justice and not according to private opinion. It is to be not arbitrary, vague and fanciful, but legal and regular, and it must be exercised within the limit to which an honest man competent to the discharge of his office ought to confine himself." If it should appear that the justices are acting otherwise, it would certainly be a matter of gravity; but I do not think that we are yet in possession of sufficient information as to the facts to enable us to form an opinion. I will call for a full return directly the sessions are closed.
MR. GIBSON BOWLESWill the right hon. Gentleman send a circular to the magistrates, setting forth the admirable opinion of the Lord Chancellor as to their duties in the matter?
*SIR THOMASDEWARIs the recent action of the magistrates in any way connected with the Licensing Act of last year?
§ *MR. AKERS DOUGLASThat Act confers no new powers on justices with respect to the refusal of licences.
MR. JAMES LOWTHERI suppose the right hon. Gentleman will obtain the information in sufficient time to enable appeals to be entered?
§ *MR. AKERS DOUGLASIt will be given as soon as the Brewster Sessions are over.
§ MR FLOWER (Bradford, W.)I beg to ask the Secretary of State for the Home Department whether the action of the licensing justices throughout the country in refusing, or in declaring their intention to refuse, the renewal of licences, is in consequence of any instructions issued by Government?
§ *MR. AKERS DOUGLASNo, Sir; the justices are acting in this matter, as they must do, on their own discretion; and the Government have no authority to issue instructions to them.