§ Considered in Committee.
§ (In the Committee.)
§ Clause 1:—
§ MR. HELME (Lancashire, Lancaster)said the word he asked the Committee to insert after the word unsuitable would make it perfectly clear in the future that the magistrates could exercise their discretion in the matter of the renewal of licences quite apart from the structure 728 itself. Under the unusual circumstances in which the Committee at present found itself by the closure Motion just adopted he gathered that it was not the wish of the Government that he should occupy the time of the Committee by giving his reasons for moving this Amendment and he therefore asked the Committee to accept it on the ground that its meaning was manifest, and its object was good and it was of the very greatest practical importance. If the Government would not have discussion he would throw on them the responsibility of recording their votes to destroy the effective control of the justices if that was their desire. He begged to move.
§
Amendment proposed—
In page 1, line 7, after the word 'unsuitable,' to insert the word 'otherwise."—(Mr. Helme.)
§ Question proposed, "That the word 'otherwise' be there inserted."
§ MR. H. C. RICHARDS (Finsbury, E.),who was continually interrupted by cries? of "Divide," said the Committee was being treated with scant courtesy by his hon. friend who, speaking as a magistrate, had moved this Amendment without giving the House his reasons for so doing. He, as a lawyer, wanted to know what it was the hon. Member was asking the Committee to do. He thought the Committee had already settled this principle. There had been three days discussion upon it, and he thought it was quite clear that, while they had no intention of giving unsuitable tenants and tenants of unsuitable premises a fresh lease of life, there was no intention to inflict on the present licence-holders a new disqualification. If this Amendment was carried it would be extremely difficult for the various benches of magistrates to know what the alteration in the law was if the words "otherwise unsuitable" were put into the Bill. A bench of magistrates for any reason or lack of reason, for personal pique because they did not like the man, would be able to dispossess him without compensation. How unfair that would be after what had been said with regard to the ante-1869 licences that, although the houses were inmost cases unsuitable, the holders of those licences should have 729 compensation. If this Amendment were carried there was a chance of their losing their licences without compensation. The question had been raised as to the house being unsuitable because it was next to a chapel, church or school, but if that house was carrying on its business in accordance with the existing law it could not be said it was unsuitable because of its position in a neigh-bourhood which in all probability had grown up around it. Another thing they had to consider was that premises which might have been suitable fifty or sixty years ago might not in the altered circumstances of to-day be regarded as suitable, and it would be a monstrous thing if the old licences were taken away without any reason and without any compensation. He appealed to the Government not to accept the Amendment.
§ SIR ROBERT REID (Dumfries Burghs),in supporting the Amendment, said they were fighting this Bill, with a very strong feeling against it, under very exceptional conditions. All this Amendment meant was that the local justices were to keep in their own hands the discretion of renewals or non-renewals on the ground of structural deficiencies or of premises unsuitable otherwise, as the Bill stood the word "unsuitable" was governed by the word "structural." This should not be so, it ought to be unsuitability of any legal kind. Was it fair to attenuate the small space of time at their disposal either by the absence of Gentlemen who might be present or by speaking against time for the purpose of preventing other Amendments from being considered? He appealed to every right-minded man not to act in that way.
§ THE SOLICITOR-GENERAL (Sir EDWARD CARSON,) Dublin Universitydid not think there was any occasion for the outburst of his hon. and learned friend. There had been only one speech from the Unionist side of the House, and he did not suppose his hon. and learned friend would go so far as to say that not a word was to be said from that side of the House. He did not know how he was to treat this as a serious Amendment when the hon Member who introduced it said he did not think it necessary to give any reasons in 730 support of it. He could not accept the Amendment because by so doing he would take away the whole foundation of the argument with which he successfully resisted the Amendment to leave out the word "unsuitable," which the hon. and learned Member for Shrewsbury moved on a previous occasion. To put in this word "otherwise" would be to leave it open to the magistrates, through no default whatever on the part of the licence-holder, to confiscate the licence and the compensation for which he had subscribed. Suppose that a church or school were built near an old-established licensed house, and the magistrates came to the conclusion that, owing to such proximity, that was no longer a suitable place for the licensed house, what default was there on the part of the licence-holder? The truth was this Amendment, small as it might seem, would strike at the foundation of the Bill; for the whole principle upon which the Bill had been framed was that of allowing people to insure their premises if those premises were to be taken for the public benefit. It had been assumed that because a man got compensation, therefore he would be anxious to have his licence taken away. No such thing would follow at all. In many cases the compensation might not be anything like as much as was made out of the premises; and there was also an additional hold over a man who had a licence of this kind, for if he did not keep the premises in a condition of which the magistrates approved he might be put into one of the categories under the Bill which would deprive him of compensation altogether. Surely a man who knew that in order to get compensa-everything depended on the way in which he conducted the premises was far more likely to strive to carry out the wishes of the magistrates than a man who practically lost nothing when his premises were taken away. Under the circumstances they could not possibly accept the Amendment.
§ MR. H. D. GREENE (Shrewsbury)said he was glad to hear that the Government did not intend to accept this Amendment. At the same time he thought there was abundant justification for the Amendment being moved. There was an ambiguity in the language of the 731 Bill in respect to this matter which the Government ought to clear up. This Clause was framed to provide a very pretty law suit for the benefit, no doubt, of a very deserving class. It would be far better for the Solicitor-General to deal with the matter now. As to whether the word "structural" governed the word "unsuitable" the Solicitor-General interpreted the clause one way and another hon. Member on his side of
§ the House interpreted it another. The same diversity of opinion existed on the other side. As it stood the question must be raised either on a case stated for the High Court or at quarter sessions. He held that the word structurally ought to be inserted.
§ Question put.
§ The Committee divided:—Ayes, 125; Noes, 177. (Division List No. 194.)
733AYES. | ||
Ainsworth, John Stirling | Henderson, Arthur (Durham) | O'Dowd, John |
Atherley-Jones, L. | Higham, John Sharpe | O'Shaughnessy, P. J. |
Barran, Rowland Hirst | Hobhouse, C. E. H. (Bristol, E.) | Parrott, William |
Bayley, Thomas (Derbyshire) | Hope, John Deans (Fife, West) | Perks, Robert William |
Black, Alexander William | Horniman, Frederick John | Power, Patrick Joseph |
Bolton, Thomas Boiling | Jacoby, James Alfred | Rea, Russell |
Brigg, John | Johnson, John (Gateshead) | Reid,Sir R.Threshie(Dumfries) |
Broadhurst, Henry | Jones, Davies Brynmor(Swansea | Rigg, Richard |
Burke, E. Havilend- | Jordan, Jeremiah | Roberts, John H. (Denbighs.) |
Burt, Thomas | Joyce, Michael | Roche, John |
Caldwell, James | Kennedy, Vincent P.(Cavan,W. | Russell, T. W. |
Cameron, Robert | Kilbride, Denis | Shackleton, David James |
Campbell, John (Armagh, S.) | Langley, Batty | Shaw, Charles Edw. (Stafford) |
Channing, Francis Allston | Lawson, Sir Wilfrid (Cornwall) | Shaw, Thomas (Hawick, B.) |
Condon, Thomas Joseph | Layland-Barratt, Francis | Sheehan, Daniel Daniel |
Corbett, A. Cameron (Glasgow) | Leigh, Sir Joseph | Sheehy, David |
Cremer, William Randal | Levy, Maurice | Shipman, Dr. John G. |
Crooks, William | Lewis, John Herbert | Slack, John Bamford |
Cullinan, J. | Lloyd-George, David | Sloan, Thomas Henry |
Dalziel, James Henry | Lundon, W. | Smith, Samuel (Flint) |
Davies, Alfred (Carmarthen) | MacNeill, John Gordon Swift | Stanhope, Hon. Philip James |
Davies, M. Vaughan-(Cardigan) | MacVeagh, Jeremiah | Strachey, Sir Edward |
Delany, William | M'Arthur, William (Cornwall) | Sullivan, Donal |
Devlin, Joseph (Kilkenny, N.) | M'Crae, George | Taylor, Theodore C. (Radcliffe) |
Dilke, Rt. Hon. Sir Charles | M'Fadden, Edward | Thomas, Abel (Carmarthen, E.) |
Donelan, Captain A. | M'Hugh, Patrick A. | Thomas, Sir A. (Glamorgan, E.) |
Doogan, P. C. | M'Kean, John | Thomas,David Alfred(Merthyr) |
Douglas, Charles M. (Lanark) | M'Kenna, Reginald | Thomas, JA (Glamorgan, Gower |
Edwards, Frank | M'Killop, W. (Sligo, North) | Tomkinson, James |
Evans, Samuel T. (Glamorgan) | Mansfield, Horace Rendall | Toulmin, George |
Eve, Harry Trelawney | Markham, Arthur Basil | Wallace, Robert |
Farquharson, Dr. Robert | Mitchell,Edw.(Fermanagh, N.) | Walton, Joseph (Barnsley) |
Fenwick, Charles | Morgan, J. Lloyd (Carmarthen) | Wason, John Cathcart(Orkney) |
Ferguson, R. C. Munro (Leith) | Moss, Samuel | White, George (Norfolk) |
Fitzmaurice, Lord Edmond | Moulton, John Fletcher | Whiteley, George (York, W.R.) |
Flavin, Michael Joseph | Murphy, John | Whitley, J. H. (Halifax) |
Foster, Sir Walter (Derby Co.) | Newnes, Sir George | Williams, Osmond (Merioneth) |
Fuller, J. M. F. | O'Brien,Kondal(Tipperary Mid | Wilson,Henry J. (York, W.R.) |
Gladstone,Rt.Hn.HerbertTohn | O'Brien, Patrick (Kilkenny) | Yoxall, James Henry |
Goddard, Daniel Fora | O'Brien, P. J. (Tipperary, N.) | |
Grant, Corrie | O'Connor, James (Wicklow,W.) | TELLERS FOR THE AYES—Mr. |
Griffith, Ellis J. | O'Doherty, William | Helme and Mr. Trevelyan. |
Guest, Hon. lvor Churchill | O'Donnell, T. (Kerry, W.) | |
NOES. | ||
Agnew, Sir Andrew Noel | Bain, Colonel James Robert | Bignold, Arthur |
Allhusen, Augustus HenryEden | Balcarres, Lord | Bigweod, James |
Anson, Sir William Reynell | Baldwin, Alfred | Bill, Charles |
Arnold-Forater.Rt.Hn.HughO. | Balfour, Rt. Hon. A.J.(Maneh'r | Blundell, Colonel Henry |
Arrol, Sir William | Balfour, Capt. C. B. (Hornsey) | Bond, Edward |
Atkinson, Rt. Hon. John | Balfour,RtHn.GeraldW.(Leeds | Bowles,Lt.-Col.H.F.(MiddJesex |
Aubrey-Fletcher, Rt.Hn. Sir H. | Banbury, Sir Frederick George | Brassey, Albert |
Austin, Sir John | Beach,RtHn.SirMichael Hicks | Brodriek, Rt. Hon. St. John |
Bailey, James (Walworth) | Bhownaggree, Sir M. M. | Brotherton, Edward Allen |
Bull, William James | Hobhouse,Rt. Hn. H.(Somers't E | Reid, Tames (Greenock) |
Carson, Rt. Hon. Sir Edw. H. | Hogg, Lindsay | Remnant, James Farquharson |
Cavendish, V.C.W. (Derbyshire | Hope, J.F.(Sheffield,Brightside | Renwick, George |
Cecil, Evelyn (Aston Manor) | Houston, Robert Paterson | Richards, Henry Charles |
Chamberlain, Rt. Hn. J.A(Wore. | Hozier, Hon. James Henry Cecil | Ridley, S.Forde (Bethnal Green |
Chapman, Edward | Hudson, George Bickersteth | Roberts, Samuel (Sheffield) |
Cochrane, Hon. Thos. H. A. E. | Hunt, Rowland | Robertson, Herbert (Hackney) |
Colston, Chas. Edw. H. Athole | Jebb, Sir Richard Claver house | Ropner, Colonel Sir Robert |
Cook, Sir Frederick Lucas | Teffreys, Rt. Hon. Arthur Fred. | Rutherford, John (Lancashire) |
Cox, Irwin Edward Bainbridge | Kenyon-Slaney, Col. W. (Salop) | Rutherford, W. W. (Liverpool) |
Crean, Eugene | Kerr, John | Sackville, Col. S. G. Stopford- |
Cross, Herb. Shepherd (Bolton) | Kimber, Henry | Sadler, Col. Samuel Alexander |
Crossley, Rt. Hon. Sir Savile | Law, Andrew Bonar (Glasgow) | Sharpe, William Edward T. |
Dalkeith, Earl of | Lawrence, Wm. F. (Liverpool) | Simeon, Sir Barrington |
Davenport, W. Bromley- | Lawson, JohnGrant( Yorks.N.R | Sinclair, Louis (Romford) |
Davies,Sir HoratioD.(Chatham | Lee,Arthur H.(Hants.Fareham | Skewes-Cox, Thomas |
Denny, Colonel | Legge, Col. Hon. Heneage | Smith, Abel H. (Hertford, E.) |
Dickson, Charles Scott | Llewellyn, Evan Henry | Spear, John Ward |
Digby, John K. D. Wingfield- | Lockwood, Lieut.-Col. A. R. | Spencer, Sir E. (W. Bromwich) |
Dimsdale,Rt.Hon.Sir JosehhC. | Long, Rt.Hn.Walter (Bristol, S.) | Stanley, Edw. Jas. (Somerset) |
Disraeli, Coningsby Ralph | Lowe, Francis William | Stanley, Rt.Hon. Lord (Lanes.) |
Doughty, George | Loyd, Archie Kirkman | Stock, James Henry |
Douglas, Rt. Hon. A. Akers | Lyttelton, Rt. Hon. Alfred | Strutt, Hon. Charles Hedley |
Doxford, Sir William Theodore | Macdona, John Cumming | Taylor, Austin (East Toxteth) |
Duke, Henry Edward | Maconochie, A. W. | Thorburn, Sir Walter |
Durning-Lawrence, Sir Edwin | M'Iver,SirLewis(Edinburgh,W. | Tollemache, Henry James |
Dyke, Rt.Hon.Sir William Hart | Majendie, James A. H. | Tomlinson, Sir Wm. Edw. M. |
Eardell, Sir T. George | Massey-Mainwaring, Hn. W. F. | Tritton, Charles Ernest |
Finch, Rt. Hon. George H. | Maxwell,W.J.H.(Dumfriesshire | Tuff, Charles |
Finlay, Sir Robert Bannatyne | Milvain, Thomas | Valentia, Viscount |
Fitzroy, Hon. Edward Algernon | Moore, William | Walker, Col. William Hall |
Flannery, Sir Fortescue | Morgan, David J.(Walthamstow | Warde, Colonel C. E. |
Forster, Henry William | Morpeth, Viscount | Webb, Colonel William George |
Foster,Philip S.(Warwick,S.W. | Morrison, James Archibald | Welby,Lt.-Col.A.C.E.(Taunton |
Galloway, William Johnson | Morton, Arthur H. Aylmer | Welby, Sir Charles G.E. (Notts. |
Gardner, Ernest | Mount, William Arthur | Wentworth, Bruce C. Vernon- |
Gordon, Hn.J.E.(Elgin & Nairn | Mowbray, Sir Robert Giay C. | Wharton, Rt. Hon. John Lloyd |
Goulding, Edwara Alfred | Murray,Rt.Hn. A.Graham(Bute | Whiteley, H.(Ashton und.Lyne |
Gray, Ernest (West Ham) | Murray, Charles J. (Coventry) | Willoughby de Eresby, Lord |
Greene, Henry D. (Shrewsbury) | Nolan, Joseph (Louth, South) | Wilson, John (Glasgow) |
Gretton, John | Peel, Hn.Wm.Robert Wellesley | Wilson-Todd, Sir W.H.(Yorks.) |
Groves, James Grimble | Percy, Earl | Worsley-Taylor, Henry Wilson |
Hamilton,Marq. of (L'donderry | Pier point, Robert | Wortley, Rt. Hon. C. B. Stuart- |
Hardy,Laurence(Kent, Ashford | Pilkington, Colonel Richard | Wrightson, Sir Thomas |
Hare, Thomas Leigh | Platt-Higgins, Frederick | Wyndham, Rt. Hon. George |
Harris, F. Leverton(Tynem'th) | Plummer, Walter R. | Wyndham-Quin, Col. W. H. |
Harris, Dr. Fredk. R (Dulwich) | Powell, Sir Francis Sharp | |
Heath, Arthur Howard (Hanley | Pretyman, Ernest George | TELLERS FOR THE NOES—Sir |
Helder, Augustus | Pym, C. Guy | Alexander Acland-Hood |
Henderson, Sir A. (Stafford, W.) | Rankin, Sir James | and Mr. Ailwyn Fellowes. |
Hermon-Hodge, Sir Robert T. | Rasch, Sir Frederic Carne | |
Hickman, Sir Alfred | Ratcliff, R. F. |
§ MR. J. H. LEWIS (Flint Boroughs)moved an Amendment with the object of preserving the administrative discretion of the magistrates in order that they might continue to bring pressure to bear to prevent frequent changes of tenancy. The constant transfer of licences, particularly in the case of tied houses, constituted, he said, one of the scandals of the licensing system. It had been calculated that no fewer than 20,000 transfers were effected per annum. In Hertfordshire 423 houses changed hands more than three times during five years; in Hull there were nearly 400 transfers a 734 year; in Lincoln the average tenancy of tied houses was two and a half years; in Leeds out of 379 tied houses there were 165 transfers in one year, and in Birmingham out of 2,300 licences there were 800 transfers per annum. In a large number of these cases tenant after tenant was ruined owing to the exorbitant terms imposed by the brewers, and it was desirable that the magistrates should be able to bring pressure to prevent these constant changes from taking place. He submitted that in these cases the words "ill-conducted" did not cover the ground.
§
Amendment proposed—
In page 1, line 7, after the word "unsuitable," to insert the words "or have been subject to frequent changes of tenancy.'"— (Mr. J. H. Lewis.)
§ Question proposed, "That those words be there inserted."
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. AKERS-DOUGLAS (Kent, St. Augustine's)pointed out that if changes of tenancy were due to ill - conduct the magistrates already had power to take away the licence without compensation. But if
§ the changes were due to mortality, illness, or any other circumstances, then, if the licence was taken away, compensation ought to follow. There might be evils connected with constant changes of tenancy, but, on the other hand, anything that tended to prevent a brewer from sending away a bad tenant ought not to be encouraged. The Government could not accept the Amendment.
§ Question put.
§ The Committee divided:—Ayes, 123; Noes, 194. (Division List No. 195.)
737AYES. | ||
Ainsworth, John Stirling | Grant, Corrie | Parrott, William |
Atherley-Jones, L. | Griffith, Ellis J. | Perks, Robert William |
Barran, Rowland Hirst | Guest, Hon. Ivor Churchill | Power, Patrick Joseph |
Bayley, Thomas (Derbyshire) | Gurdon, Sir W. Brampton | Reid, Sir R.Threshie(Dumfries) |
Black, Alexander William | Helme, Norval Watson | Rigg, Richard |
Bolton, Thomas Dolling | Henderson, Arthur (Durham) | Roberts, John H. (Denbighs.) |
Brigg, John | Higham, John Sharpe | Roche, John |
Broadhurst, Henry | Hobhouse, C. E. H. (Bristol, E.) | Russell, T. W. |
Brown, George M.(Edinburgh) | Hope, John Deans (Fife,, West) | Shackleton, David James |
Burke, E. Haviland- | Horniman, Frederick John | Shaw, Charles Edw. (Stafford) |
Burt, Thomas | Jacoby, James Alfred | Shaw, Thomas (Hawick B.) |
Caldwell, James | Johnson, John (Gateshead) | Sheehy, David |
Cameron, Robert | Jones,David Brynmor(Swansea | Shipman, Dr. John G. |
Campbell, John (Armagh, S.) | Jordan, Jeremiah | Slack, John Bamford |
Campbell-Bannerman, Sir H. | Joyce, Michael | Sloan, Thomas Henry |
Channing, Francis Allston | Kennedy, Vincent P.(Cavan,W. | Smith, Samuel (Flint) |
Condon, Thomas Joseph | Kilbride, Denis | Stanhope, Hon. Philip James |
Corbett, A. Cameron (Glasgow) | Langley, Batty | Strachey, Sir Edward |
Cremer, William Randall | Lawson, Sir Wilfrid (Cornwall) | Sullivan, Donal |
Crooks, William | Layland-Barratt, Francis | Taylor, Theodore C. (Radcliffe) |
Cullinan, J. | Leigh, Sir Joseph | Thomas, Abel (Carmarthen, E. |
Dalziel, James Henry | Leng, Sir John | Thomas, Sir A. (Glamorgan, E. |
Davies, Alfreg (Carmarthen) | Levy, Maurice | Thomas.David Alfred(Merthyr) |
Davies, M. Vaughan (Cardigan | Lloyd-George, David | Thomas, JA (Glamorgan, Gower |
Delany, William | Lundon, W. | Tomkinson, James |
Dilke, Rt. Hon. Sir Charles | MacVeagh, Jeremiah | Toulmin, George |
Dobbie, Joseph | M'Arthur, William (Cornwall) | Trevelyan, Charles Philips |
Donelan, Captain A. | M'Crae, George | Walton, Joseph (Barnsley) |
Doogan, P. C. | M'Kenna, Reginald | Wason, JohnCathcart (Orkney) |
Douglas, Charles M. (Lanark) | Mansfield, Horace Rendall | White, George (Norfolk) |
Duncan, J. Hastings | Markham, Arthur Basil | Whiteley, George (York, W.R.) |
Edwards, Frank | Mitchell, Edw.(Fermanagh, N.) | Whitley, J. H. (Halifax) |
Evans, Samuel T. (Glamorgan) | Morgan, J. Lloyd (Carmarthen) | Williams, Osmond (Merioneth) |
Eve, Harry Trelawney | Moss, Samuel | Wilson,Fred.W.(Norfolk,Mid.) |
Farquharson, Dr. Robert | Moulton, John Fletcher | Wilson, Henry J. (York, W.R.) |
Fenwick, Charles | Murphy, John | Wilson, John (Falkirk) |
Ferguson, R. C. Munro (Leith) | Newnes, Sir George | Yoxall, James Henry |
Fitzmaurice, Lora. Edmona | 0'Brien,Kendal(Tipperary Mid | |
Flavin, Michael Joseph | 0'Connor,James(Wicklow W.) | TELLERS FOB THE AYES—Mr. |
Foster, Sir Walter (Derby Co.) | O'Doherty, William | Herbert Lewis and Mr. |
Fuller, J. M. F. | O'Donnell, T. (Kerry, W.) | Robert Wallace. |
Gladstone,Rt.Hn. Herbert John | O'Dowd, John | |
Goddard, Daniel Ford | O'Shaughnessy, P. J. | |
NOES. | ||
Agnew, Sir Andrew Noel | Arrol, Sir William | Bagot, Capt.Josoeline FitzRoy |
Allhusen, Augustus HenryEden | Atkinson, Rt. Hon. John | Bailey, James (Walworth) |
Anson, Sir William Reynell | Aubrey-Fletcher,Rt.Hn.SirH. | Bain, Colonel James Robert |
Arnold-Forster, Rt.Hn.Hugh O. | J Austin, Sir John | Balcarres, Lord |
Baldwin, Alfred | Hardy,Laurence(Kent, Ashford | Pierpoint, Robert |
Balfour, Rt. Hn. A. J. (Manch'r) | Hare, Thomas Leigh | Pilkington, Colonel Richard |
Balfour, Capt. C. B. (Hornsey) | Harris, F. Leverton (Tynem'th) | Platt-Higgins, Frederick |
Balfour,Rt.Hn.GeralaW(Leeds | Harris, Dr.Fredk. R. (Dulwich) | Plummer, Walter R. |
Banbury, Sir Frederick George | Heath,ArthurHoward (Hanley) | Powell, Sir Francis Sharp |
Beach, Rt. Hn. Sir Michael Hicks | Heaton, John Henniker | Pretyman, Ernest George |
Bhownaggree, Sir M. M. | Helder, Augustus | Pym, C. Guy |
Bignold, Arthur | Henderson.'Sir A. (Stafford,W.) | Rankin, Sir James |
Bigwood, James | Hermon-Hodge, Sir Robert T. | Rasch, Sir Frederic Carne |
Bill, Charles | Hickman, Sir Alfred | Ratcliff, R. F. |
Blundell, Colonel Henry | Hobhouse,RtHn.H.(Somers't,E | Reid, James (Greenock) |
Bond, Edward | Hogg, Lindsay | Remnant, James Farquharson |
Boscawen, Arthur Griffith- | Hope,J.F.(Sheffield,Brightside) | Renwick, George |
Bowles, Lt.-Col H.F.(Middlesex | Houston, Robert Paterson | Richards, Henry Charles |
Brassey, Albert | Howard, J. (Kent, Faversham) | Ridley,S.Forde (Bethnal Green) |
Brodrick, Rt. Hon. St. John | Hozier, Hn. James Henry Cecil | Roberts, Samuel (Sheffield) |
Brotherton, Edward Allen | Hudson, George Bickersteth | Robertson, Herbert (Hackney) |
Bull, William James | Hunt, Rowland | Ropner, Colonel Sir Robert |
Carson, Rt. Hon. Sir Edw. H | Jebb, Sir Richard Claverhouse | Rutherford, John (Lancashire) |
Cautley, Henry Strother | Jeffreys, Rt. Hn. Arthur Fred. | Rutherford, W. W. (Liverpool) |
Cavendish,V.C.W. (Derbyshire | Kenyon,Hn. Geo. T. (Denbigh) | Sackville, Col. S. G. Stopford- |
Cecil, Evelyn (Aston Manor) | Kenyon-Slaney,Col.W.(Salop. | Sadler, Col. Samuel Alexander |
Ghamberlain,RtHn.J.A. Wore. | Kerr, John | Scott, Sir S. (Marylebone, W.) |
Chapman, Edward | Kimber, Henry | Sharpe, William Edward T. |
Cochrane, Hon. Thos. H. A. E. | Law,Andrew Bonar (Glasgow) | Sheehan, Daniel Daniel |
Colston, Chas. Edw. H. Athole | Lawrence, Win. F. (Liverpool) | Simeon, Sir Barrington |
Cook, Sir Frederick Lucas | Lawson,J. Grant (Yorks.N.R.) | Sinclair, Louis (Romford) |
Cox, Irwin Edward Bainbridge | Lee,ArthurH.(Hants.Fareham) | Skewes-Cox, Thomas |
Crean, Eugene | Legge, Col. Hon. Heneage | Smith,Abel H.(Hertford, E.) |
Cross,Herb. Shepherd (Bolton) | Llewellyn, Evan Henry | Spear, John Ward |
Crossley, Rt. Hon. Sir Savile | Lockwood, Lieut.-Col. A. R. | Spencer, Sir E. (W. Bromwich) |
Dalkeith, Earl of | Loder, Gerald Walter Erskine | Stanley,EdwardJas.(Somerset) |
Dalrymple, Sir Charles | Long,Rt.Hn.Walter (Bristol,S. | Stanley,Rt. Hon. Lord (Lanes.) |
Davenport, W. Bromley- | Lowe, Francis William | Stock, James Henry |
Davies,Sir HoratioD.(Chatham | Loyd, Archie Kirkman | Strutt, Hon. Charles Hedley |
Dickson, Charles Scott | Lyttelton, Rt. Hon. Alfred | Taylor, Austin (East Toxteth) |
Digby, John K. D. Wingfield- | Macdona, John Gumming | Thorburn, Sir Walter |
Dimsdale,Rt.Hon.Sir JosephC. | Maconochie, A. W. | Tollemache, Henry James |
Disraeli, Coningsby Ralph | M'Fadden, Edward | Tomlinson, Sir Wm. Edw. M. |
Doughty, George | M'Iver,SirLewis( Edinburgh,W. | Tritton, Charles Ernest |
Douglas, Rt. Hon. A. Akeis | Majendie, James A. H. | Tuff, Charles |
Doxford, Sir William Theodore | Massey-Mainwairing, Hn.W.F. | Valentia, Viscount |
Duke, Henry Edward | Maxwell,W.J.H.( Dumfriesshire | Walker, Col. William Hall |
Durning-Lawrenee, Sir Edwin | Middlemore,John Throgmorton | Warde, Colonel C. E. |
Dyke,Rt,Hon.Sir WilliamHart | Milvain, Thomas | Webb, Colonel William George |
Fardell, Sir T. George | Moore, William | Welby,Lt.-Col.A.C.E (Taunton |
Finch, Rt. Hon. George H. | Morgan, David J.(Walthamstow | Welby, Sir Charles G.E. (Notts) |
Finlay, Sir Robert Bannatyne | Morpeth, Viscount | Wentworth, Bruce C. Vernon- |
Fitzroy, Hn. Edward Algernon | Morrison, James Archibald | Wharton, Rt. Hon. John Lloyd |
Flannery, Sir Fortescue | Morton, Arthur H. Aylmer | Whiteley,H.(Ashton und.Lyne) |
Forster, Henry William | Mount, William Arthur | Willoughby de Eresby, Lord |
Foster,Philip S.(Warwick,S.W. | Mowbray, Sir Robert Gray C. | Wilson, John (Glasgow) |
Galloway, William Johnson | Muntz, Sir Philip A. | Wilson-Todd,Sir W. H.(Yorks.) |
?Gardner, Ernest | Murray, Rt.Hn.A.Graham(Bute | Worsley-Taylor, Henry Wilson |
Gordon,Hn.J.E.(Elgin& Nairn) | Murray, Charles J. (Coventry) | Wortley, Rt. Hon. C. B.Stuart- |
Gore,Hn.S.E.Ormsby-(Linc.) | Myers, William Henry | Wrightson, Sir Thomas |
Goulding, Edward Alfred | Nolan, Joseph (Louth, South) | Wyndham, Rt. Hon. George |
Gray, Ernest (West Ham) | O'Brien, Patrick (Kilkenny) | Wyndham-Quin, Col. W. H. |
Greene, Henry D. (Shrewsbury) | O'Brien, P. J. (Tipperary, N.) | |
Gretton, John | Palmer, Walter (Salisbury) | TELLERS FOB THE NOES—Sir |
Groves, James Grimble | Peel,Hn.Wm.Robert Wellesley | Alexander Acland-Hood and |
Hamilton,Marq.of (L'donderry | Percy, Earl | Mr. Ailwyn Fellowes. |
MR. HERBERT ROBERTS (Denbighshire, W.)moved a drafting Amendment to make it perfectly clear that one ground with regard to unfitness would be sufficient to enable the magistrates or local justices to exercise their full discretion.
§
Amendment proposed—
In page 1, line 7, after the third word 'or' to insert the words 'on any ground or.'"—(Mr. Herbert Roberts.)
§ Question proposed, "That those words be there inserted."
739§ MR.AKERS DOUGLASsaid there was no necessity for the Amendment, because according to Section 1 of the Interpretation Act, 1889, the singular included the plural, and the plural the singular.
§ Amendment, by leave, withdrawn.
MR. HERBERT ROBERTSmoved an Amendment to the first sub-section giving power to the justices of the licensing district, in considering the question of the renewal of any licence, to take into account not only the character or fitness of the incoming tenant, or proposed holder of the licence, but the character or fitness of the outgoing tenant. The discretion of the justices in such a case was, as the Bill stood, limited to the point whether or not the premises had been "ill-conducted." He thought his point might best be put by stating an imaginary concrete case. Supposing the outgoing tenant was either a poacher himself in a country district or was known to have received poachers upon his licensed premises. It might be held in considering the renewal of the licence in such a case that the local justices had no right to consider the question of the fitness of the character of the outgoing licensee. As the section was drawn at present it was doubtful whether the local justices could exercise a full discretion in reference to that case. With regard to the Amendment referring to reasonable refreshment, he acknowledged that the section withdrew a certain power of pressure under this Bill. It was in order to safeguard the full discretion of the local justices that he moved this Amendment. The hon. Member opposite had said that there was so much vagueness in this Bill that it was impossible to tell what it meant, and that state of things made it all the more necessary with regard to the renewal of licences that every care should be taken to make it perfectly clear that the justices had precisely the same powers of discretion as they had now. The Solicitor-General said there had been many fallacies as to the effect of this clause upon the discretion of the local justices. He did not suppose that anybody would contend that this section would give to the justices any discre- 740 tionary power with regard to the conduct and character of the outgoing tenants. It was of the utmost importance that it should be made plain that the local justices retained their full powers of discretion, and he begged to move his Amendment.
§
Amendment proposed—
In page 1, line 8, after the word 'character,' to insert the words 'or conduct of the actual holder of the licence.'"—(Mr. Herbert Roberts.)
§ Question proposed, "That those words be there inserted."
§ MR. AKERS-DOUGLASsaid the hon. Member was dealing with the case of the outgoing tenant, but what they were more deeply interested in was the incoming tenant, because, so far as the outgoing tenant was concerned, his case could be dealt with under the words in the Bill as to the ill - conduct of the premises. If this Amendment were accepted he was afraid it would put it into the power of a tenant wilfully to misbehave himself in order that those interested in the licensed premises should not be able to obtain compensation. The conduct of the outgoing tenant was so far as necessary dealt with by the earlier words of the clause, and they could not accept the Amendment.
§ MR. BROADHURST (Leicester)said the objection of the Home Secretary was an imaginary one, and was, to say the least of it, far-fetched. This Amendment dealt with the class of tenants engaged at very short notice to quit, and they would have very little opportunity of entering into a conspiracy to damage the property of the brewers by doing something to injure the house in order to prevent full compensation being given. His experience was, that if they had a bad tenant with a bad record he was generally succeeded by a person with a similar character, because the house got a bad name, and no man with money to lose could be found to become the tenant of a house with a reputation of this kind. His hon. friend's Amendment dealt with a very important point, and one which was well worthy of the consideration of the Committee, and well worth inserting in the Bill. He remembered one case in which a tenant came before the court 741 with a pile of recommendations, nearly all from clergymen in the Church of England, and they appalled the court, and they had to accept the applicant. The man had been recently accused of horse-stealing, and he suspected something of the kind when he saw such a long list of recommendations from members of the Church of England. [MINISTERIAL cries of "Oh."] He was saying this without prejudice. The ministers in his Church and Free Churches generally did not write characters for men going as tenants into public-houses. In this particular case the result was that for three or four succeeding tenancies no one conducted that house upon satisfactory principles. One
§ man who attempted to carry on the business in a highly respectable manner became bankrupt, and was kicked out by the brewers after a very few days notice. He thought this Amendment was one which would commend itself to all hon. Members who had had any lengthy experience at brewster sessions, examining into the character of the men who came into those houses, and who often went out of them hastily. It was an Amendment of considerable importance, and could not be disposed of by the reasons given by the Home Secretary.
§ Question put.
§ The Committee divided:—Ayes, 132; Noes, 226. (Division List No. 196.)
745AYES. | ||
Ainsworth, John Stirling | Hemphill, Rt. Hon. Charles H. | Reddy, M. |
Allen, Charles P. | Henderson, Arthur (Durham) | Reid, Sir R. Threshie(Dumfries |
Asquith, Rt.Hn.Herbert Henry | Higham, John Sharpe | Rickett, T. Compton |
Atherley-Jones, L. | Hobhouse, C. E. H. (Bristol,E.) | Rigg, Richard |
Barran, Rowland Hirst | Hope, John Deans (Fife, West) | Roberts, John Bryn (Eifion) |
Bayley, Thomas (Derbyshire) | Horniman, Frederick John | Roche, John |
Black, Alexander William | Jacoby, James Alfred | Russell, T. W. |
Bolton, Thomas Dolling | Johnson, John (Gateshead) | Shackleton, David James |
Brigg, John | Joicey, Sir James | Shaw, Charles Edw. (Stafford) |
Brown, George M. (Edinburgh) | Jones, D. Brynmor (Swansea) | Shaw, Thomas (Hawick B.) |
Burke, E. Haviland | Jordan, Jeremiah | Sheehy, David |
Burt, Thomas | Joyce, Michael | Shipman, Dr. John G. |
Caldwell, James | Kennedy,Vincent P.(Cavan,W. | Slack, John Bamford |
Cameron, Robert | Kilbride, Denis | Smith, Samuel (Flint) |
Campbell, John (Armagh, S.) | Langley, Batty | Stanhope, Hon. Philip James |
Campbell-Bannerman, Sir H. | Law, Hugh Alex. (Donegal,W.) | Strachey, Sir Edward |
Channing, Francis Allston | Lawson, Sir Wilfrid (Cornwall) | Sullivan, Donal |
Corbett, A. Cameron (Glasgow) | Layland-Barratt, Francis | Taylor, Theodore C. (Radcliffe) |
Craig, Robert Hunter (Lanark) | Leigh, Sir Joseph | Thomas, Abel (Carmarthen, E.) |
Cremer, William Randal | Leng, Sir John | Thomas, Sir A.(Glamorgan,E.) |
Crooks, William | Levy, Maurice | Thomas, D. Alfred (Merthyr) |
Dalziel, James Henry | Lewis, John Herbert | Thomas,J A(Glamorgan,Gower |
Davies, Alfred (Carmarthen) | Lloyd-George, David | Tillet, Louis John |
Danes, M. Vaughan (Cardigan) | Lough, Thomas | Tomkinson, James |
Delany, William | Lundon, W. | Toulmin, George |
Dilke, Rt, Hon. Sir Charles | MacNeill, John Gordon Swift | Trevelyan, Charles Philips |
Dobbie, Joseph | MacVeagh, Jeremiah | Wallace, Robert |
Donelan, Captain A. | M'Arthur, William (Cornwall) | Walton, Jn. Lawson(Leeds, S.) |
Douglas, Charles M. (Lanark) | M'Crae, George | Walton, Joseph (Barnsley) |
Duncan, J. Hastings | M'Kenna, Reginald | Wason, John Cathcart(Orkney) |
Edwards, Frank | Mansfield, Horace Rendall | White, George (Norfolk) |
Ellis, John Edward (Notts.) | Markham, Arthur Basil | White, Luke (York, E. R.) |
Evans, Samuel T. (Glamorgan) | Mitchell, Edw. (Fermanagh,N.) | Whiteley, George (York, W.R.) |
Eve, Harry Trelawney | Morgan, J. Lloyd (Carmarthen) | Whitley, J. H. (Halifax) |
Farquharson, Dr. Robert | Moss, Samuel | Williams, Osmond (Merioneth) |
Fenwick, Charles | Moulton, John Fletcher | Wilson, Fred. W.(Norfolk,Mid. |
Ferguson, R. C. Munro (Leith) | Murphy, John | Wilson, Henry J. (York, W.R.) |
Fitzmaurice, Lord Edmond | Newnes, Sir George | Wilson, John (Falkirk) |
Foster, Sir Walter (Derby Co.) | O'Brien, K. (Tipperary, Mid.) | Woodhouse, Sir J.T(Huddersf'd |
Gladstone, Rt.Hn.HerbertJohn | O'Doherty, William | Yoxall, James Henry |
Goddard, Daniel Ford | O'Donnell, T. (Kerry, W.) | |
Grant, Corrie | O'Shaughnessy, P. J. | TELLERS FOR THE AYES—Mr. |
Griffith, Ellis J. | Parrott, William | Herbert Roberts and Mr. |
Guest, Hon. Ivor Churchill | Perks, Robert William | Broadhurst. |
Gurdon, Sir W. Brampton | Power, Patrick Joseph | |
Helme, Norval Watson | Rea, Russell | |
NOES. | ||
Agnew, Sir Andrew Noel | Fison, Frederick William | Morrell, George Herbert |
Allhusen, Augustus Henry Eden | Fitzroy, Hn. Edward Algernon | Morrison, James Archibald |
Anson, Sir William Reynell | Flannery, Sir Fortescue | Morton, Arthur H. Aylmer |
Arnold-Forster,Rt.Hn.HughO. | Flavin, Michael Joseph | Mount, William Arthur |
Arrol, Sir William | Forster, Henry William | Mowbray, Sir Robert Gray C. |
Atkinson, Rt. Hon. John | Foster, P. S. (Warwick, S.W.) | Muntz, Sir Philip A. |
Aubrey-Fletcher,Rt. Hn. Sir H. | Galloway, William Johnson | Murray, Rt, Hon. A. G. (Bute) |
Austin, Sir John | Gardner, Ernest | Murray, Charles J. (Coventry) |
Bagot, Capt. Joseeline FitzRoy | Gordon, Hn.J.E.(Elgin&Nairn) | Myers, William Henry |
Bailey, James (Walworth) | Gore, Hon. S.F.Ormsby-(Linc) | Newdegate, Francis A. N. |
Bain, Colonel James Robert | Goulding, Edward Alfred | Nolan, Joseph (Louth, South) |
Baird, John George Alexander | Gray, Ernest (West Ham) | O'Brien, Patrick (Kilkenny) |
Balcarres, Lord | Greene, Henry D.(Shrewsbury) | O'Brien, P. J. (Tipperary, N.) |
Baldwin, Alfred | Gretton, John | O'Dowd, John |
Balfour, Rt.Hon. A.J.(Manch'r | Greville, Hon. Ronald | Palmer, Walter (Salisbury) |
Balfour, Capt. C. B. (Hornsey) | Groves, James Grimble | Parker, Sir Gilbert |
Balfour, Rt. Hon. G. W. (Leeds | Hall, Edward Marshall | Peel, Hn.Wm.Robert Wellesley |
Balfour, Kenneth R. (Christeh. | Hamilton, Marq of(L'nd'nderry | Pemberton, John S. G. |
Banbury, Sir Frederick George | Hardy, L. (Kent, Ashford) | Percy, Earl |
Beach, Rt.Hn.SirMichaelHicks | Hare, Thomas Leigh | Pierpoint, Robert |
Bhownaggree, Sir M. M. | Harris, F. Leverton(Tynem'th) | Pilkington, Colonel Richard |
Bignold, Arthur | Harris, Dr. Fredk. R.(Dulwich) | Platt-Higgins. Frederick |
Bigwood, James | Heath, Arthur Howard(Hanley | Plummer, Walter R. |
Bill, Charles | Heaton, John Henniker | Powell, Sir Francis Sharp |
Blundell, Colonel Henry | Henderson, Sir A.(Stafford,W.) | Pretyman, Ernest George |
Bond, Edward | Hermon-Hodge, Sir Robert T. | Pryce-Jones, Lt.-Col. Edward |
Boscawen, Arthur Griffith | Hickman, Sir Alfred | Pym, C. Guy |
Bowles, Lt.-Col.H.A(Middlesex | Hobhouse,RtHn H(Somers't,E | Rankin, Sir James |
Brassey, Albert | Hogg, Lindsay | Raseh, Sir Frederic Carne |
Brodrick, Rt. Hon. St. John | Hope, J.F.(Sheffield,Brightside | Ratcliff, R. F. |
Brotherton, Edward Allen | Houston, Robert Paterson | Reid, James (Greenock) |
Bull, William James | Howard, Jn.(Kent, Faversham) | Remnant, James Farquharson |
Butcher, John George | Hozier, Hn. James Henry Cecil | Renwick, George |
Carson, Rt. Hon. Sir Edw. H. | Hudson, George Bickersteth | Richards, Henry Charles |
Cautley, Henry Strother | Hunt, Rowland | Ridley, S.Forde(Bethnal Green |
Cavendish, V.C.W. (Derbyshire | Jebb, Sir Richard Claverhouse | Roberts, Samuel (Sheffield) |
Cecil, Evelyn (Aston Manor) | Jeffreys, Rt. Hon. Arthur Fred | Robertson, Herbert (Hackney) |
Chamberlain, RtHn.J.A(Worc. | Kenyon, Hn. Geo. T.(Denbigh) | Ropner, Colonel Sir Robert |
Chaplin, Rt. Hon. Henry | Kenyon-Saney, Col. W.(Salop. | Round, Rt. Hon. James |
Chapman, Edward | Kerr, John | Rutherford, John (Lancashire) |
Clive, Captain Percy A. | Keswick, William | Rutherford, W. W. (Liverpool) |
Cochrane, Hon. Thos. H. A. E. | Kimber, Henry | Sackville, Col. S. G. Stopford |
Colston, Chas. Edw. H. Athole | Law, Andrew Bonar (Glasgow) | Sader, Col. Samuel Alexander |
Condon, Thomas Joseph | Lawrence, Wm. F. (Liverpool) | Scott, Sir S. (Marylebone, W.) |
Cook, Sir Frederick Lucas | Lawson, J.Grant (Yorks., N.R. | Sharpe, William Edward T. |
Cox, Irwin Edward Bainbridge | Lee, A. H. (Hants., Fareham) | Sheehan, Daniel Daniel |
Craig, Charles Curtis(Antrim,S.) | Legge, Col. Hon. Heneage | Simeon, Sir Harrington |
Crean, Eugene | Llewellyn, Evan Henry | Sinclair, Louis (Romford) |
Cross, HerbertShepherd(Bolton | Lockwood, Lieut.-Col. A. R. | Skewes-Cox, Thomas |
Crossley, Rt. Hon. Sir Savile | Loder, Gerald Walter Erskine | Smith, Abel H.(Hertford,East) |
Dalkeith, Earl of | Long, Col.CharlesW.(Evesham) | Spear, John Ward |
Dalrymple, Sir Charles | Long, Rt.Hn.Walter(Bristol,S.) | Spencer, Sir E. (W. Bromwich) |
Davenport, William Bromley | Lonsdale, John Brownlee | Stanley, Hn. Arthur (Ormskirk |
Davies,Sir HoratioD.(Chatham | Lowe, Francis William | Stanley, Edward Jas.(Somerset |
Denny, Colonel | Loyd, Archie Kirkman | Stanley, Rt. Hon. Lord(Lancs.) |
Devlin, Joseph (Kilkenny, N.) | Lyttelton, Rt. Hon. Alfred | Stewart, Sir Mark J. M'Taggart |
Dickson, Charles Scott | Macdona, John Cumming | Stirling-Maxwell, Sir John M. |
Digby, John K. D. Wingfield- | Maconochie, A. W. | Stock, James Henry |
Dimsdale, Rt. Hn. Sir JosephC. | M'Arthur, Charles (Liverpool) | Strutt, Hon. Charles Hedley |
Disraeli, Coningsby Ralph | M'Fadden, Edward | Talbot, Rt.Hn.J.G(0xf'dUniv. |
Doogan, P. C. | M'lver, Sir Lewis(Edinburgh,W | Taylor, Austin (East Toxteth) |
Doughty, George | M'Killop, James (Stirlingshire) | Thorburn, Sir Walter |
Douglas, Rt. Hon. A. Akers | M'Killop, W. (Sligo, North) | Tollemache, Henry James |
Doxford, Sir William Theodore | Majendie, James A. H. | Tomlinson, Sir Wm. Edw. M. |
Duke, Henry Edward | Malcolm, Ian | Tritton, Charles Ernest |
Durning-Lawrence, Sir Edwin | Massey-Mainwaring, Hn. W. F. | Tuff, Charles |
Dyke, Rt.Hn.Sir William Hart | Maxwell, W.J.H. (Dumfriessh.) | Valentia, Viscount |
Egerton, Hon. A. de Tatton | Milvain, Thomas | Walker, Col. William Hall |
Fardell, Sir T. George | Moore, William | Warde, Colonel C. E. |
Finch, Rt. Hon. George H. | Morgan, DavidJ.(Walthamst'w | Webb, Colonel William George |
Finlay, Sir Robert Bannatyne | Morpeth, Viscount | Welby, Lt.-Col. A.C.E(Taunton |
Welby, Sir Charles G.E.(Notts.) | Wilson-Todd, Sir W.H.(Yorks.) | Young, Samuel |
Wentworth, Bruce C. Vernon- | Worsley-Taylor, Henry Wilson | |
Wharton, Rt. Hon. John Lloyd | Wortley, Rt. Hon. C. B. Stuart | TELLERS FOB THE NOES—Sir |
Whiteley, H.(Ashton und.Lyne | Wrightson, Sir Thomas | Alexander Acland-Hood and |
Willoughby de Eresby, Lord | Wyndham, Rt. Hon. George | Mr. Ailwyn Fellowes. |
Wilson, John (Glasgow) | Wyndham-Quin, Col. W. H. |
MR, LAWRENCE (Liverpool, Abercromby)said he desired to move the Amendment standing in his name on the Paper. The point he wished to raise was whether this clause did or did not limit the discretion of the magistrates. He held the opinion that under the words "ill-conducted" the discretion of the magistrates was unduly limited. He therefore suggested that after the word "character" the words "conduct of his business by" should be inserted. The question was whether the word "ill-conducted" modified the power of the magistrate in seeing that a business was properly carried on. The best way would be to show by concrete instances how the discretion of the magistrates hitherto had operated. In Liverpool, under the present system, they had put down the long pull, and forbidden the offering of sweets to children who were sent to public-houses. Neither of those things could be described as ill-conduct, and they were no more illegitimate than the conduct of shipping companies in carrying people across the Atlantic below cost price. He wished to know, if this Bill was passed, how the magistrates would stand with regard to customs which, although they were undesirable in themselves, were not strictly illegitimate. He had suggested these words because he thought it would enlarge the powers of the Bill, and leave the magistrates somewhat freer. He quite recognised that the magistrates had not always shown the proper discretion, and that they had now and then tried to impose
§ limitations which were to be deprecated. In some cases they had almost attempted to legislate instead of merely administering the law. He begged to move.
§
Amendment proposed—
In page 1, line 8, after the word 'character,' to insert the words ' conduct of his business by.' "—(Mr. Latvrence.)
§ Question proposed "That those words be there inserted."
§ SIR EDWARD CARSONsaid the Government could not possibly accept the Amendment. It referred not merely to the particular business with which the magistrates were dealing, but to any business in which the applicant, was previously concerned. Anything that was to be gained by the Amendment was already provided for in the Bill. If the Amendment referred only to the fitness of a person to hold a licence that was already in the Bill. He ventured to say that the interests of the public were sufficiently protected by the clause as it now stood. On the other hand, if the proposed words were inserted they might leave it open to an extreme bench of justices to judge a man, not on his own merits, or in relation to the premises in which he actually conducted the business, but in relation to something else.
§ Question put.
§ The Committee divided:—-Ayes, 150; Noes, 228. (Division List No. 197.)
749AYES. | ||
Ainsworth, John Stirling | Brown, George M. (Edinburgh | Cremer, William Randal |
Allen, Charles P. | Bryce, Rt. Hon. James | Crooks, William |
Ashton, Thomas Gair | Burke, E. Haviland | Dalziel, James Henry |
Asquith,Rt.Hon.Herbert Henry | Burns, John | Davies, Alfred (Carmarthen) |
Atherley-Jones, L. | Burt, Thomas | Davies, M. Vaughan (Cardigan) |
Barran, Rowland Hirst | Caldwell, James | Delany, William |
Bayley, Thomas (Derbyshire) | Cameron, Robert | Denny, Colonel |
Bonn, John Williams | Campbell, John (Armagh, S.) | Dilke, Rt. Hon. Sir Charles |
Black, Alexander William | Campbell-Bannerman, Sir H. | Dobbie, Joseph |
Boland, John | Channing, Francis Allston | Doogan, P. C. |
Bolton, Thomas Dolling | Condon, Thomas Joseph | Douglas, Charles M. (Lanark) |
Brigg, John | Corbett, A. Cameron (Glasgow) | Duncan, J. Hastings |
Broadhurst, Henry | Craig, Robert Hunter (Lanark) | Edwards, Frank |
Ellis, John Edward (Notts.) | Lough, Thomas | Sheehy, David |
Emmot, Alfred | Lunaon, W. | Shipman, Dr. John G. |
Evans, Samuel T. (Glamorgan) | MacNeill, John Gordon Swift | Slack, John Bamford |
Eve, Harry Trelawney | MacVeagh, Jeremiah | Smith, Samuel (Flint) |
Farquharson, Dr. Robert | M'Arthur, Charles (Liverpool | Spear, John Ward |
Fenwick, Charles | M'Arthur, William (Cornwall) | Stanhope, Hon. Philip James |
Ferguson, R. C. Munro (Leith) | M'Crae, George | Strachey, Sir Edward |
Fitzmaurice, Lord Edmond | M'Kenna, Reginald | Sullivan, Donal |
Flavin, Michael Joseph | Mansfield, Horace Rendall | Taylor, Austin (East Toxteth) |
Foster, Sir Walter (Derby Co.) | Markham, Arthur Basil | Taylor, Theodore C. (Radcliffe) |
Fuller, J. M. F. | Middlemore, John Throgmorton | Tennant, Harold John |
Gladstone, Rt.Hn. Herbert John | Mitchell, Edw. (Fermanagh, N.) | Thomas, Abel (Carmarthen, E.) |
Goddard, Daniel Ford | Morgan, J. Lloyd (Carmarthen) | Thomas, Sir A. (Glamorgan, E.) |
Grant, Corrie | Moss, Samuel | Thomas,David Alfred (Merthyr |
Grey, Rt. Hon. Sir E. (Berwick) | Moulton, John Fletcher | Thomas, JA(Glamorgan,Gower |
Griffith, Ellis J. | Murphy, John | Tomkinson, James |
Gurdon, Sir W. Brampton | Newnes, Sir George | Toulmin, George |
Helme, Norval Watson | Nussey, Thomas Willans | Trevelyan, Charles Philips |
Hemphill, Rt. Hon. Charles H. | O'Brien, Kendal(Tipperary,Mid | Ure, Alexander |
Henderson, Arthur (Durham) | O'Donnell, T. (Kerry, W.) | Wallace, Robert |
Higham, John Sharpe | O'Malley, William | Walton, John Lawson(Leeds,S. |
Hobhouse, C. E. H. (Bristol, E.) | Parrott, William | Walton, Joseph (Barnsley) |
Horniman, Frederick John | Perks, Robert William | Wason, Eugene (Clackmannan) |
Houston, Robert Paterson | Power, Patrick Joseph | Wason, John Cathcart (Orkney |
Jacoby, James Alfred | Rea, Russell | White, George (Norfolk) |
Johnson, John (Gateshead) | Reekitt, Harold James | White, Luke (York, E.R.) |
Joicey, Sir James | Reddy, M. | Whiteley, George (York, W.R.) |
Jones, David Brynmor(Swansea | Reid, Sir R. Threshie (Dumfries | Whitley, J. H. (Halifax) |
Jordan, Jeremiah | Rickett, J. Compton | Wilson, Fred. W.(Norfolk,Mid.) |
Joyce, Michael | Rigg, Richard | Wilson, Henry J. (York, W.R.) |
Langley, Batty | Roberts, John Bryn (Eifion) | Wilson, John (Falkirk) |
Law, Hugh Alex. (Donegal, W.) | Roberts, John H. (Denbighs.) | Woodhouse, Sir JT.(Huddersf'd |
Lawson, Sir Wilfrid (Cornwall) | Robson, William Snowdon | Yoxall, James Henry |
Layland-Barratt, Francis | Roche, John | |
Leigh, Sir Joseph | Rose, Charles Day | TELLERS FOR THE AYES—Sir- |
Leng, Sir John | Russell, T. W. | W. F. Lawrence and Mr. |
Levy, Maurice | Shackleton, David James | Osmond Williams. |
Lewis, John Herbert | Shaw, Charles Edw. (Stafford) | |
Lloyd-George, David | Shaw, Thomas (Hawick B.) | |
NOES. | ||
Agg-Gardner, James Tynte | Brassey, Albert | Douglas, Rt. Hon. A. Akers- |
Agnew, Sir Andrew Noel | Brodrick, Rt. Hon. St. John | Doxford, Sir William Theodore |
Allhusen, Augustus Henry Eden | Brotherton, Edward Allen | Duke, Henry Edward |
Anson, Sir William Reynell | Bull, William James | Durning-Lawrence, Sir Edwin |
Arnold-Forster,Rt.Hn.Hugh 0. | Butcher, John George | Egerton, Hon. A. de Tatton |
Arrol, Sir William | Carson, Rt. Hon. Sir Edw. H. | Faber, Edmund B. (Hants, W.) |
Atkinson, Rt. Hon. John | Cautley, Henry Strother | Fardell, Sir T. George |
Aubrey-Fletcher,Rt,Hn. Sir H. | Cavendish,V.C.W. (Derbyshire | Finch, Rt. Hon. George H. |
Austin, Sir John | Cecil, Evelyn (Aston Manor) | Finlay, Sir Robert Bannatyne |
Bagot, Capt. Josceline FitzRoy | Chamberlain,Rt.HnJ.A.(Worc. | Fison, Frederick William |
Bailey, James (Walworth) | Chapman, Edward | Fitzroy, Hn. Edward Algernon |
Bain, Colonel James Robert | Clive, Captain Percy A. | Flannery, Sir Fortescue |
Baird, John George Alexander | Cochrane, Hon. Thos. H. A. E. | Forster, Henry William |
Balcarres, Lord | Colston, Chas. Edw. H. Athole | Foster, Philip S.(Warwick,S.W. |
Baldwin, Alfred | Cook, Sir Frederick Lucas | Galloway, William Johnson |
Balfour,Rt. Hn. A.J. (Manch'r) | Cox, Irwin Edward Bainbridge | Gardner, Ernest |
Balfour, Capt. C. B. (Hornsey) | Craig, Charles Curtis (Antrim,S. | Gordon, Hn J.E. (Elgin&Nairn) |
Balfour.RtHnGerald W.(Leeds | Crean, Eugene | Gore, Hn. S. F. Ormsby- (Line.) |
Balfour, Kenneth R.(Christch. | Cripps, Charles Alfred | Goschen, Hon. George Joachim |
Banbury, Sir Frederick George | Cross, Herb, Shepherd (Bolton) | Goulding, Edward Alfred |
Bathurst, Hon. Allen Benjamin | Crossley, Rt. Hon. Sir Savile | Gray, Ernest (West Ham) |
Beach,Rt.Hn.SirMichael Hicks | Dalkeith, Earl of | Greene, Henry D. (Shrewsbury) |
Bhownaggree, Sir M. M. | Dalrymple, Sir Charles | Gretton, John |
Bignold, Arthur | Davenport, William Bromley- | Greville, Hon. Ronald |
Bigwood, James | Davies,Sir HoratioD.(Chatham | Groves, James Grimble |
Bill, Charles | Dickson, Charles Scott | Hall, Edward Marshall |
Blundell, Colonel Henry | Digby, John K. D. Wingfield- | Hamilton,Marq.of (L'nd'nderry |
Bond, Edward | Dimsdale, Rt.Hn. Sir Joseph C. | Hardy,Laurenee (Kent, Ashford |
Boscawen, Arthur Griffith- | Disraeli, Coningsby Ralph | Hare, Thomas Leigh |
Bowles, Lt. Col. H.F (Middlesex | Doughty, George | Harris, F. Leverton (Tynem'th) |
Harris, Dr. Fredk. R. (Dulwich) | Milvain, Thomas | Scott, Sir S. (Marylebone, W.), |
Hatch, Ernest Frederick Geo. | Montagu, Hon. J.Scott (Hants.) | Sharpe, William Edward T. |
Heath, Arthur Howard (Hanley | Moore, William | Sheehan, Daniel Daniel |
Heaton, John Henniker | Morgan, David J.(Walthamstow | Simeon, Sir Barrington |
Helder, Augustus | Morpeth, Viscount | Skewes-Cox, Thomas |
Henderson, Sir A. (Stafford W.) | Morrell, George Herbert | Smith, Abel H. (Hertford, East): |
Hermon-Hodge, Sir Robert T. | Morrison, James Archibald | Smith, James Parker (Lanarks.) |
Hickman, Sir Alfred | Morton, Arthur H. Aylmer | Spencer, Sir E. (W. Bromwich) |
Hobhouse,RtHnH,(Somers't,E | Mount, William Arthur | Stanley,Hon.Arthur (Ormskirk |
Hogg, Lindsay | Mowbray, Sir Robert Gray C. | Stanley,Edward Jas.(Somerset'/ |
Hope, J.F. (Sheffield, Brightside | Muntz, Sir Philip A. | Stanley, Rt. Hon. Lord (Lanes.) |
Hoult, Joseph | Murray, Rt. Hn.A.Graham (Bute | Stewart, Sir Mark J. M'Taggart |
Howard, Tohn(Kent,Faversham | Murray, Charles J. (Coventry) | Stirling-Maxwell, Sir John M. |
Hozier, Hn. James Henry Cecil | Myers, William Henry | Stock, James Henry |
Hudson, George Bickersteth | Newdegate, Francis A. N. | Strutt, Hon. Charles Hedley |
Hunt, Rowland | Nolan, Joseph (Louth, South) | Talbot,Rt.Hn. J.G.(Oxf'd Univ. |
Jebb, Sir Richard Claverhouse | O'Brien, P. J. (Tipperary, N.) | Tollemache, Henry James |
Jeffreys, Rt.Hon. Arthur Fred. | O'Doherty, William | Tomlinson, Sir Wm. Edw. M. |
Kenyon, Hon.Geo. T. (Denbigh) | O'Dowd, John | Tritton, Charles Ernest |
Kenyon-Slaney, Col. W. (Salop. | Palmer, Walter (Salisbury) | Tuff, Charles |
Kerr, John | Peel,Hn.Wm.Robert Wellesley | Valentia, Viscount |
Keswick, William | Pemberton, John S. G. | Vincent, Sir Edgar (Exeter) |
Kimber, Henry | Percy, Earl | Walker, Col. William Hall |
Law, Andrew Bonar (Glasgow) | Pierpoint, Robert | Warde, Colonel C. E. |
Lawson JohnGrant(Yorks.N.R | Pilkington, Colonel Richard | Webb, Colonel William George |
LeeArthurH.(Hants.,Fareham) | Platt-Higgins, Frederick | Welby, Lt.Col.A.C.E. (Taunton |
Legge, Col. Hon. Heneage | Plummer, Walter R. | Welb'y,Sir Charles G.E.(Notts.) |
Llewellyn, Evan Henry | Powell, Sir Francis Sharp | Wentworth, Bruce C. Vernon- |
Lockwood, Lieut.-Col. A. R. | Pretyman, Ernest George | Wharton, Rt. Hon. John Lloyd |
Loder, Gerald Walter Erskine | Pryce-Jones, Lt. -Col. Edward | Whiteley, H.(Ashton und.Lyne |
Long, Col.CharlesW.(Evesham) | Pym, C. Guy | Whitmorc, Charles Algernon |
Long, Rt.Hn.Walter (Bristol, S) | Rankin, Sir James | Willough by de Eresby, Lord |
Lonsdale, John Brownlee | Rasch, Sir Frederic Carne | Wilson,A. Stanley(York, E.R.) |
Lowe, Francis William | Ratcliff, R. F. | Wilson, John (Glasgow) |
Lowther, C. (Cumb., Eskdale) | Reid, James (Greenock) | Wilson-Todd,Sir W.H.(Yorks.) |
Loyd, Archie Kirkman | Remnant, James Farquharson | Worsley-Taylor, Henry Wilson |
Lyttelton, Rt. Hon. Alfred | Renwick, George | Wortley, Rt. Hon. C. B.Stuart- |
Macdona, John Cumming | Richards, Henry Charles | Wrightson, Sir Thomas |
Maconochie, A. W. | Ridley,S. Forde (Bethnal Green | Wyndham, Rt. Hon. George |
M'Fadden, Edward | Roberts, Samuel (Sheffield) | Wyndham-Quin, Col. W. H. |
M'Iver,Sir Lewis (Edinburgh W | Robertson, Herbert (Hackney) | Young, Samuel |
M'Killop, James (Stirlingshire) | Rolleston, Sir John F. L. | Younger, William |
Majendie, James A. H. | Ropner, Colonel Sir Robert | |
Malcolm, Ian | Round, Rt. Hon. James | TELLERS FOR THE NOES— |
Manners, Lord Cecil | Rutherford, John (Lancashire) | Sir Alexander Acland-Hood |
Martin, Richard Biddulph | Rutherford, W. W. (Liverpool) | and Mr. Ailwyn Fellowes. |
Massey-Mainwaring, Hn. W. F. | Sackville, Col. S. G. Stopford- | |
Maxwell,W.J.H.(Dumfriesshire | Sadler, Col. Samuel Alexander |
MR. HERBERT ROBERTShad given notice of an Amendment to insert in Clause 1, line 8, after "fitness" the words "or status as regards the licensed premises."
THE CHAIRMANI believe this Amendment really raises the same question as the Amendment proposed by the hon. Member for West Denbighshire and recently discussed.
MR. HERBERT ROBERTSThe-object of the Amendment is to ensure that the local justices shall have under this section the same rights which they now enjoy under Section 16, Sub-section 1, of the Licensing Act, 1902, to ask for the perusal of agreements between a brewery company and a landlord.
THE CHAIRMANThe object is to see whether a man is a bona fide tenant 751 or not. [Opposition cries of "No."] I do not know what the object is unless it is to find out whether it is a bona fide tenancy.
THE CHAIRMANSurely the conditions of the tenancy are to show whether the tenancy is bona fide. [OPPOSITION cries of "No."] What else does it show? I think it really raises the same point.
MR. HERBERT ROBERTSMay I move the Amendment in order to ask a question of the Government, namely, whether this clause will enable the justices to ask for the perusal of any agreement there is between the landlord or a brewery company and the licence-holder? It is a question of great administrative importance, as I know from long experience on the Bench.
THE CHAIRMANI really cannot see that this raises any question except that of the bona fides of the tenant. The fact that the licence-holder has some agreement of the kind indicated by the hon. Member would only make the premises come under the name of a tied house. [OPPOSITION cries, of "No."] Well, I cannot conceive any other, and the hon. Member has not suggested any other.
THE CHAIRMANThe point the hon. Member has mentioned has already been 752 discussed. We have had Amendment8 dealing with the length of the tenancy.
§ MR. LLOYD - GEORGESupposing there is a condition in connection with the tenancy which affects the proportion of the contribution, that has nothing to do with a tied house at all. It may be between an ordinary landlord and an ordinary tenant. That has nothing whatever to do with the length of the tenancy or with the purchasing of goods from certain people. The only point which my hon. friend wishes to raise is whether the magistrates shall, have the right to see the agreement and consider these points before they arrive at a decision. We have not discussed the point at all.
§ MR. T. W. RUSSELL (Tyrone, S.)Supposing the agreement contracts the tenant out of the rights to be conferred on him by this Bill, what would be the position of the tenant?
THE CHAIRMANThen he is not a bona fide tenant. That is a question which has already been discussed.
§ MR. LLOYD-GEORGEI beg your pardon.
THE CHAIRMANIf the hon. Member will bring forward an Amendment raising the specific point he has put, I will consider it, but the word "status" covers bona fides,and it covers the position of a tenant as regards a tied house. Both of these points have already been discussed.
§ MR. LLOYD-GEORGEThe magistrates have a right to know what the 753 status of a tenant really is with regard to this question.
§ MR. EMMOTTsaid there was a recent case in which the licence holder gave a power of attorney to a brewery company. It was most important that the magistrates should have power to get information in cases of that kind. It worked out in this way. At any moment the brewery company could step in and use the power of attorney and turn the man out without compensation of any kind.
THE CHAIRMANThe hon. Gentleman may move the Amendment if he will undertake not to raise the tied house question. I do not know whether the word "status"is known to English law. It is a Latin word which may cover a good deal.
§ MR. ASQUITH (Fifeshire, E.)I would suggest to my hon. friend that instead of the words in the Amendment he should move the insertion of the words "or contracted rights or liabilities as regards the licensed premises."
MR. HERBERT ROBERTSsaid he would move the Amendment in the way suggested by the right hon. Gentleman. His only wish was to obtain the view of the Government as to whether under this section local justices would have the same power of examining documents as they now possessed.
§
Amendment proposed—
In page 1, line 8, after the word 'fitness,' to insert the words 'or contracted rights or liabilities as regards the licensed premises.'"— (Mr. Herbert Roberts.)
§ Question proposed, "That those words be there inserted."
§ SIR EDWARD CARSONsaid the mover of the Amendment had asked whether under this clause the magistrates would continue to have the powers which were vested in them by the Licensing Act of 1892 as to calling for certain documents. There was nothing in this Bill to take away these powers from the local licensing justices. It was quite plain that the procedure before the local licensing justices would be exactly the-same as at present.
§ MR. LLOYD-GEORGECan they refuse the licence if they consider the conditions unfair?
§ SIR EDWARD CARSONThey have the same power of calling on parties to produce agreements.
§ SIR ROBERT REIDsaid the magistrates might call for the production of documents, but when they had got them, they could do nothing. The virtue of the Amendment was that it enabled them, not merely to call for the documents, but, if they were unsatisfactory, to act on the documents by refusing the renewal of the licence if necessary. It was perfectly idle for the Solicitor-General to say that if the words of the Amendment were not inserted the powers of the justices would be the same as at present.
§ Question put.
755§ Committee divided: — Ayes, 151. Noes, 251. (Division List, No. 198).
759AYES. | ||
Ainsworth, John Stirling | Gurdon, Sir W. Brampton | Reckitt, Harold James |
Allen, Charles P. | Harcourt,Lewis V. (Rossendale | Reddy, M. |
Ashton, Thomas Gair | Harwood, George | Reid, Sir R. Threshie(Dumfries |
Asquith, Rt. Hn.HerbertHenry | Hayter, Rt. Hn. Sir Arthur D. | Rickett, J. Compton |
Atherley-Jones, L. | Helme, Norval Watson | Rigg, Richard |
Barran, Rowland Hirst | Hemphill, Rt. Hon. Charles H | Roberts, John Bryn (Eifion) |
Bayley, Thomas (Derbyshire) | Henderson, Arthur (Durham) | Robson, William Snowdon |
Bell, Richard | Higham, John Sharpe | Roche, John |
Benn, John Williams | Hobhouse, C.E.H.(Bristol, E.) | Rose, Charles Day |
Black, Alexander William | Horniman, Frederick John | Runciman, Walter |
Boland, John | Jacoby, James Alfred | Russell, T. W. |
Bolton, Thomas Dolling | Johnson, John (Gateshead) | Schwann, Charles E. |
Brigg, John | Joicey, Sir James | Shackleton, David James |
Broadhurst, Henry | Jones,DavidBrynmor(Swansea | Shaw, Charles Edw. (Stafford) |
Brown, George M. (Edinburgh) | Jordan, Jeremiah | Shaw, Thomas (Hawick B.) |
Bryce, Rt. Hon. James | Joyce, Michael | Sheehy, David |
Burke, E. Haviland- | Kennedy, Vincent P.(Cavan,W. | Shipman, Dr. John G. |
Burt, Thomas | Kitson, Sir James | Slack, John Bamford |
Caldwell, James | Langley, Batty | Smith, Samuel (Flint) |
Cameron, Robert | Law, Hugh Alex.(Donegal,W.) | Stanhope, Hon. Philip James |
Campbell, John (Armagh, S.) | Lawson, Sir Wilfrid (Cornwall) | Strachey, Sir Edward |
Campbell-Bannerman, Sir H. | Layland-Barratt, Francis | Sullivan, Donal |
Channing, Francis Allston | Leese,SirJoseph F.(Accrington | Taylor, Theodore C. (Radcliffe) |
Condon, Thomas Joseph | Leigh, Sir Joseph | Tennant, Harold John |
Corbett, A. Cameron (Glasgow) | Leng, Sir John | Thomas, Abel (Carmarthen,E.) |
Craig, Robert Hunter (Lanark) | Levy, Maurice | Thomas, Sir A. (Glamorgan,E.) |
Cremer, William Randal | Lewis, John Herbert | Thomas,DavidAlfred(Merthyr) |
Crooks, William | Lloyd-George, David | Thomas, J A(Glamorgan,Gower |
Dalziel, James Henry | Lundon, W. | Tillet, Louis John |
Davies, Alfred (Carmarthen) | MacNeill, John Gordon Swift | Tomkinson, James |
Davies,M.Vaughan-(Cardigan | MacVeagh, Jeremiah | Toulmin, George |
Delany, William | M'Arthur, William (Cornwall) | Trevelyan, Charles Philips |
Dilke, Rt. Hon. Sir Charles | M'Crae, George | Ure, Alexander |
Dobbie, Joseph | M'Kenna, Reginald | Wallace, Robert |
Douglas, Charles M. (Lanark) | M'Laren, Sir Charles Benjamin | Walton, John Lawson( Leeds,S.) |
Duncan, J. Hastings | Mansfield, Horace Rendall | Walton, Joseph (Barnsley) |
Edwards, Frank | Markam, Arthur Basil | Wason, Eugene (Clackmannan) |
Ellis, John Edward (Notts.) | Mitchell,Edw.(Fermanagh, N.) | Wason, John Cathcart(Orkney) |
Emmott, Alfred | Morgan, J. Lloyd (Carmarthen) | White, George (Norfolk) |
Evans, Samuel T.(Glamorgan) | Moss, Samuel | White, Luke (York, E.R.) |
Eve, Harry Trelawney | Moulton, John Fletcher | Whiteley, George (York,W.R.) |
Farquharson, Dr. Robert | Murphy, John | Whitley, J. H.(Halifax) |
Fenwick, Charles | Newnes, Sir George | Williams, Osmond (Merioneth) |
Ferguson, R. C. Munro (Leith) | Nussey, Thomas Willans | Wilson, Fred.W.(Norfolk,Mid.) |
Fitzmaurice, Lord Edmond | 0'Brien,Kendal (TipperaryMid | Wilson, Henry J (York, W. R.) |
Foster, Sir Walter (Derby Co.) | O'Malley, William | Wilson, John (Fa kirk) |
Fuller, J. M. F. | O'Shaughnessy, P. J. | Woodhouse,SirJ.T.(Huddersf'd |
Gladstone.Rt.Hn. Herbert John | Parrott, William | |
Goddard, Daniel Ford | Partington, Oswald | TELLERS FOR THE AYES— |
Grant, Corrie | Perks, Robert William | Mr. Herbert Roberts and |
Grey, Rt, Hn. Sir E.(Berwick) | Priestley, Arthur | Mr. Lough. |
Griffith, Ellis J. | Rea, Russell |
NOES. | ||
Agg-Gardner, James Tynte | Austin, Sir John | Balfour, Capt. C. B. (Hornsey |
Agnew, Sir Andrew Noel | Bagot, Capt. Josceline FitzRoy | Balfour,Rt Hn GeraldW.(Leeds |
Allhusen,Augustus HenryEden | Bailey, James (Walworth) | Balfour, Kenneth R. (Christch. |
Anson, Sir William Reynell | Bain, Colonel James Robert | Banbury, Sir Frederick George |
Arnold-Forster.Rt. Hn. HughO. | Baird, John George Alexander | Bathurst, Hon. Allen Benjamin |
Arrol, Sir William | Balcarres, Lord | Beach, Rt.Hn. Sir MichaelHicks |
Atkinson, Rt. Hon. John | Baldwin, Alfred | Bhownaggree, Sir M. M. |
Aubrey-Fletcher,Rt.Hon.SirH. | Balfour,Rt,Hn.A. J. (Manch'r ) | Bignold, Arthur |
Bigwood, James | Hamilton,Marq. of (L'nd'nderry | Murray, Charles J. (Coventry) |
Bill, Charles | Hardy,Laurence(Kent, Ashford | Myers, William Henry |
Blundell, Colonel Henry | Hare, Thomas Leigh | Newdegate, Francis A. N. |
Bond, Edward | Harris, F. Leventon(Tvnem'th) | Nolan, Joseph (Louth, South) |
Boscawen, Arthur Griffith- | Harris, Di. Fredk. R.(Dulwich) | O'Brien, Patrick (Kilkenny) |
Bowles,Lt.-Col. H.F(Middlesex | Hatch,.Ernest Frederick Geo. | O'Brien, P. J. (Tipperary, N.) |
Brassey, Albert | Hay, Hon. Claude George | O'Doherty, William |
Brodrick, Rt. Hon. St. John | Heath, Arthur Howard(Hanley | O'Dowd, John |
Brotherton, Edward Allen | Heath, James (Staffords.N.W. | Palmer, Walter (Salisbury) |
Butcher, John George | Heaton, John Henniker | Peel, Hn. Wm.RobertWellesley |
Carson, Rt. Hon. Sir Edw. H. | Helder, Augustus | Percy, Earl |
Cautley, Henry Strother | Henderson,SirA.(Stafford, W.) | Pierpoint, Robert |
Cavendish,V. C. W.(Derbyshire | Hermon-Hodge, Sir Robert T. | Pilkington, Colonel Richard |
Cecil, Evelyn (Aston Manor) | Hickman, Sir Alfred | Piatt-Higgins, Frederick |
Chamberlain Rt.Hn. J.A.(Wore | Hoare, Sir Samuel | Plummer, Walter R. |
Chaplain, Rt. Hon. Henry | Hobhouse,RtHnH.(Somers't,E | Powell, Sir Francis Sharp |
Chapman, Edward | Hogg, Lindsay | Pretyman, Ernest George |
Churchill, Winston Spencer | Hope, J.F(Sheffeld, Brightside | Pryce-Jones, Lt.-Col. Edward |
Clive, Captain Percy A. | Hoult, Joseph | Rankin, Sir James |
Cochrane, Hon. Thos. H. A. E. | Houston, Robert Paterson | Rasch, Sir Frederic Carne |
Colston, Chas Edw. H. Athole | Howard, John( Kent,Faversham | Ratcliff, R. F. |
Cook, Sir Frederick Lucas | Hozier, Hon. James HenryCecil | Reid, James (Greenock) |
Cox, Irwin Edward Bainbridge | Hudson, George Bickersteth | Remnant, James Farquharson |
Craig, Charles Curtis(An trim,S. | Hunt, Rowland | Renwick, George |
Crean, Eugene | Jebb, Sir Richard Claverhouse | Richards, Henry Charles |
Cross, Herb. Shepherd (Bolton) | Jeffreys, Rt.Hon. Arthur Fred. | Ridley,S. Forde (Bethnal Green |
Crossley, Rt. Hon. Sir Savile | Kennaway, Rt. Hn. Sir JohnH. | Roberts, Samuel (Sheffield) |
Dalkeith, Earl of | Kenyon, Hn. Geo.T. (Denbigh) | Robertson, Herbert (Hackney) |
Dalrymple, Sir Charles | Kenyon-Slaney, Col. W. (Salop. | Rolleston, Sir John F. L. |
Davenport, William Bromley. | Kerr, John | Ropner, Colonel Sir Robert |
Davies.Sir HoratioD. (Chatham | Keswick, William | Round, Rt. Hon. James |
Dickson, Charles Scott | Kimber, Henry | Rutherford, John (Lancashire) |
Digby, John K. D. Wingfield- | Law, Andrew Bonar (Glasgow) | Rutherford, W. W. (Liverpool) |
Dimsdale, Rt.Hn.Sir Joseph C. | Lawrence, Wm. F. (Liverpool) | Sackville, Col. S. G. Stopford- |
Disraeli, Coningsby Ralph | Lawson, JohnGrant(Yorks.N.R | Sadler, Col. Samuel Alexander |
Doogan, P. C. | Lee, Arthur H.(Hants.Fareham | Sassoon, Sir Edward Albert |
Dorington, Rt. Hn. Sir John E. | Legge, Col. Hon. Heneage | Scott, Sir S. (Marylebone, W.) |
Doughty, George | Llewellyn, Evan Henry | Sharpe, William Edwara T. |
Douglas. Rt. Hon. A. Akers | Lockwood, Lieut.-Col. A. R. | Sheehan, Daniel Daniel |
Doxford, Sir William Theodore | Loder, Gerald Walter Erskine | Simeon, Sir Barrington |
Duke, Henry Edward | Long, Col.Charles W.(Evesham | Sinclair, Louis (Romford) |
Durning-Lawrence, Sir Edwin | Long.Rt. Hn. Walter( Bristol,S) | Skewes-Cox, Thomas |
Dyke, Rt. Hon.SirWilliamHart | Lonsdale, John Brownlee | Smith,AbelH.(Hertford, East) |
Egerton, Hon. A. de Tatton | Lowe, Francis William | Smith,James Parker (Lanarks.) |
Paber, Edmund B. (Hants.W.) | Lowther, C. (Cumb., Eskdale) | Spear, John Ward |
Fardell, Sir T. George | Loyd, Archie Kirkman | Spencer, Sir E.(W. Bromwich) |
Fergusson,Rt. Hn.Sir J.(Manc'r | Lyttelton, Rt. Hon. Alfred | Stanley, Hn. Arthur (Ormskirk |
Fielden, Edward Brocklehurst | Macdona, John dimming | Stanley, Ed ward Jas.(Somerset) |
Finch, Rt. Hon. George H. | Maclver, David (Liverpool | Stanley, Rt. Hn. Lord (Lanes.) |
Finlay, Sir Robert Bannatyne | Maconochie, A. W. | Stewart, Sir Mark J. M' Taggart |
Fison, Frederick William | M'Arthur, Charles (Liverpool) | Stirling-Maxwell, Sir John M. |
FitzGerald,Sir RobertPenrose- | M'Fadden, Edward | Stock, James Henry |
Fitzroy, Hon.EdwardAlgernon | M'Iver,SirLewis (Edinburgh W | Strutt, Hon. Charles Hedley |
Flannery, Sir Fortescue | M'Killop, James (Stirlingshire) | Talbot, Lord E. (Chichester) |
Flavin, Michael Joseph | Majendie, James A. H. | Talbot, Rt.Hn. J. G.(Oxf'dUniv. |
Forster, Henry William | Malcolm, Ian | Thornton, Percy M. |
Foster,Philip S. (Warwick.S.W. | Manners, Lord Cecil | Tollemache, Henry James |
Galloway, William Johnson | Martin, Richard Biddulph | Tomlinson, Sir Wm. Edw. M. |
Gardner, Ernest | Massey-Mainwaring. Hon.W.F. | Tritton, Charles Ernest |
Gibbs, Hon. A. G. H. | Maxwell,W. J.H(Dumfriesshire | Tuff, Charles |
Gordon, Hn. J.E.(Elgin&Naim) | Milvain, Thomas | Valentia, Viscount |
Gore, Hon. S.F.Ormsby-(Linc) | Montagu, Hon. J.Scott (Hants.) | Vincent, Sir Edgar (Exeter) |
Goschen, Hon. George Joachim | Moore, William | Walker, Col. William Hall |
Goulding, Edward Alfred | Morgan, David J. (Walthamstow | Warde, Colonel C. E. |
Gray, Ernest (West Ham) | Morpeth, Viscount | Webb, Col. William George |
Greene, Henry D.(Shrewsbury) | Morrell, George Herbert | Welby,Lt.-Col.A.C.E.(Taunton |
Gretton, John | Morrison, James Archibald | Welby, Sir CharlesG.E.(Notts.) |
Greville, Hon. Ronald | Morton, Arthur H. Aylmer | Wentworth, Bruce C. Vernon- |
Groves, Tames Grimble | Mount, William Arthur | Wharton, Rt. Hon. John Lloyd |
Hall, Edward Marshall | Mowbray, Sir Robert Gray C. | Whiteley, H.(Ashton und.Lyne |
Halsey, Rt. Hon. Thomas F. | Muntz, Sir Philip A, | Whitmore, Charles Algernon |
Hamilton,RtHnLordG.(Midd''x | Murray,Rt.Hn A.Graham(Bute | Williams, Colonel R. (Dorset) |
Willoughby de Eresby, Lord | Wortley, Rt. Hon C. B. Stuart- | Younger, William |
Wilson, A. Stanley (York, E.R.) | Wrightson, Sir Thomas | |
Wilson, John (Glasgow) | Wyndham, Rt. Hon. George | TELLERS FOB THE NOES— |
Wilson-Todd.Sir W. H.(Yorks.) | Wyndham-Quin. Col. W. H. | Sir Alexander Acland-Hood |
Worsley-Taylor, Henry Wilson | Young, Samuel | and Mr. Ailwyn Fellowes. |
§ MR. WHITLEYsaid he wished to move the omission of the word "proposed," so as to keep within the purview of the magistrates not only the character or fitness of the "proposed holder of the licence," but the continued methods in which the particular house had been conducted. If the word "proposed" were retained in the clause, it appeared to him that it would be possible for any offence against the licensing laws to be absolutely wiped out by bringing forward a new tenant. As a matter of fact that was a practice not unknown in some districts. Some owners of licensed premises were so keen to get a maximum of profits that they had a system of bringing in a succession of licence-holders, and winking at malpractices of the tenant until he was dropped upon by the police. He could not think that it was the object of the Government to encourage a practice of that kind, but unless the word "proposed" was left
§ out, the magistrates would have no control whatever over the licence-holder.
§
Amendment proposed—
In page 1, line 8, to leave out the word, 'proposed.'"—(Mr. Whitley.)
§ Question proposed, "That the word 'proposed' stand part of the clause."
§ SIR EDWARD CARSONsaid that the Amendment would make the Bill utterly unworkable. It would compel the magistrates to inquire, not into the character or fitness of the man who was going to carry on the business but of the man who had been put out, probably because he did not carry it on properly. He hoped the House would not agree to the Amendment.
§ Question put.
§ The Committee divided:—Ayes, 245; Noes, 151. (Division List No. 199.)
763AYES. | ||
Agg-Gardner, James Tynte | Beach, Rt.Hn.Sir Michael Hicks | Colston, Chas. Edw. H. Athole |
Agnew, Sir Andrew Noel | Bhownaggree, Sir M. M. | Cook, Sir Frederick Lucas |
Allhusen, Augustus Henry Eden | Bignold, Arthur | Craig, Chas. Curtis (Antrim, S. |
Anson, Sir William Reynell | Bigwood, James | Crean, Eugene |
Arnold-Forster,Rt.Hn.Hugh O. | Bill, Charles | Cross, Herb. Shepherd (Bolton) |
Arrol, Sir William | Blundell, Colonel Henry | Crossley, Rt. Hon. Sir Savile |
Atkinson, Rt. Hon. John | Bond, Edward | Dalkeith, Earl of |
Aubrey-Fletcher,Rt. Hn. Sir H. | Boscawen, Arthur Griffith- | Dalrymple, Sir Charles |
Austin, Sir John | Bowles Lt.Col.H.F.(Middlesex | Davenport, William Bromley- |
Bagot, Capt. Josceline Fitz Roy | Brassey, Albert | Davies, Sir Horatio D.(Chatham |
Bailey, James (Walworth) | Brodrick, Rt. Hon. St. John | Denny, Colonel |
Bain, Colonel James Robert | Butcher, John George | Dickinson, Robert Edmond |
Baird, John George Alexander | Carson, Rt. Hon. Sir Edw. H. | Dickson, Charles Scott |
Balcarres, Lord | Cautley, Henry Strother | Dimsdale, Rt.Hon.Sir JosephC. |
Balfour, Rt.Hon.J.A.(Manch'r | Cavendish, V.C.W.(Derbyshire | Disraeli, Coningsby Ralph |
Balfour, Capt. C. B. (Hornsey) | Cecil, Evelyn (Aston Manor) | Doogan, P. C. |
Balfour, Rt Hn.Gerald W. (Leeds | Chamberlain,Rt,Hn.J.A.(Worc. | Dorington, Rt.Hon. Sir JohnE. |
Balfour, Kenneth R. (Christch. | Chapman, Edward | Doughty, George |
Banbury, Sir Frederick George | Clive, Captain Percy A. | Douglas, Rt. Hon. A. Akers |
Bathurst, Hon. Allen Benjamin | Cochrane, Hon. Thos. H. A. E | Doxford, Sir William Theodore |
Duke, Henry Edward | Lawson, JohnGrant( Yorks.N.R | Remnant, James Farquharson |
Durning-Lawrence, Sir Edwin | Lee, Arthur H.( Hants,Fareham | Renwick, George |
Dyke,Rt. Hon. SirWilliamHart | Legge, Col. Hon. Heneage | Richards, Henry Charles |
Egerton, Hon. A. de Tatton | Llewellyn, Evan Henry | Ridley.S.Forde (BethnalGreen) |
Faber, Edmund B. (Hants, W.) | Lockwood, Lieut.-Col. A. R. | Roberts, Samuel (Sheffield) |
Fardell, Sir T. George | Loder, Gerald Walter Erskine | Robertson, Herbert (Hackney) |
Fergusson, Rt.Hn.SirJ.(Manc'r | Long, Col. Chas. W. (Evesham) | Rolleston, Sir John F. L. |
Fielden, Edward Brocklehurst | Long, Rt. Hn.Walter(Bristol,S) | Ropner, Colonel Sir Robert |
Finch, Rt. Hon. George H. | Lonsdale, John Brownlee | Round, Rt. Hon. James |
Finlay, Sir Robert Bannatyne | Lowther, C. (Cumb., Eskdale) | Rutherford, John (Lancashire) |
Fison, Frederick William | Loyd, Archie Kirkman | Rutherford, W. W. (Liverpool) |
FitzGerald, SirRobert Penrose- | Lucas, Reginald J. (Portsmouth) | Sackville, Col 'S. G. Stopford- |
Fitzroy, Hn. EdwardAlgernon | Lyttelton, Rt. Hon. Alfred | Sadler, Col. Samuel Alexander |
Flannery, Sir Fortescue | Macdona, John Cumming | Sassoon, Sir Edward Albert |
Forster, Henry William | MacIver, David (Liverpool) | Scott, Sir S. (Marylebone, W.) |
Foster, PhilipS.(Warwick,S.W. | Maconochie, A. W. | Sharpe, William Edward T. |
Fuller, J. M. F. | M'Fadden, Edward | Sheehan, Daniel Daniel |
Calloway, William Johnson | M'Iver, Sir Lewis(EdinburghW | Simeon, Sir Barrington |
Gardner, Ernest | M'Killop, James (Stirlingshire) | Sinclair, Louis (Romford) |
Gibbs, Hon. A. G. H. | Majendie, James A. H. | Skewes-Cox, Thomas |
Gordon, Hn.J.E.(Elgin&Nairn) | Malcolm, Ian | Smith,Abel H.(Hertford, East) |
Gore, Hn. S.F.Ormsby-(Line.) | Martin, Richard Biddulph | Smith,James Parker (Lanarks. |
Goschen, Hon. George Joachim | Massey-Mainwaring, Hn. W.F. | Spear, John Ward |
Goulding, Edward Alfred | Max well, W. J. H. (Dumfriesshire | Stanley, Hn. Arthur (Ormskirk) |
Gray, Ernest (West Ham) | Melville, Beresford Valentine | Stanley, Edw. Jas. (Somerset) |
Greene, Henry 1). (Shrewsbury) | Middlemore,John'Throgmorton | Stanley, Rt. Hn. Lord (Lanes.) |
Gretton, John | Mildmay, Francis Bingham | Stewart,Sir Mark J.M'Taggart |
Greville, Hon. Ronald | Milvain, Thomas | Stirling-Maxwell, Sir John M. |
Groves, James (Grimble | Molesworth, Sir Lewis | Stock, James Henry |
Halsey, Rt. Hon. Thomas F. | Montagu, Hn. J. Scott (Hants.) | Strutt, Hon. Charles Hedley |
Hamilton, Marq.of(L'nd'nderry | Moore, William | Talbot, Lord E. (Chichester) |
Hardly, Laurence(Kent,Ashford | Morgan,David J.(Walthamstow | Talbot. Rt,Hn.J.G.(Oxf'dUniv. |
Hare, Thomas Leigh | Morpeth, Viscount | Taylor, Austin (East Toxteth) |
Harris, F. Leverton(Tynem'th) | Morrell, George Herbert | Thornton, Percy M. |
Harris, Dr. Fredk. R. (Dulwich) | Morrison, James Archibald | Tollemache, Henry James |
Hatch, Ernest Frederick Geo. | Morton, Arthur H. Aylmer | Tomlinson, Sir Wm. Edw. M. |
Hay, Hon. Claude George | Mount, William Arthur | Tritton, Charles Ernest |
Heath, Arthur Howard) Hanley | Muntz, Sir Philip A. | Tuff, Charles |
Heath, James (Staffords. N.W. | Murray,Rt Hn. A.Graham(Bute | Valentia, Viscount |
Heaton, John Henniker | Murray, Charles J. (Coventry) | Walker, Col. William Hall |
Henderson, Sir A. (Stafford,W.) | Myers, William Henry | Warde, Colonel C. E. |
Hermon-Hodge, Sir Robert T. | Newdegate, Francis A. X. | Webb, Colonel William George |
Hickman, Sir Alfred | Nolan, Col. John P.(Galway,N.) | Welby.Lt.-Col.A.C.E (Taunton |
Hoare, Sir Samuel | Nolan, Joseph (Louth, Sonth) | Welby,Sir CharlesG.E. (Notts.) |
Hobhouse, RtHnH.(Somers't,E | O'Brien, Kendal(Tipperary Mid | Wentworth, Bruce C. Vernon |
Hogg, Lindsay | O'Brien, Patrick (Kilkenny) | Wharton, Rt. Hon. John Lloyd |
Hope, J. F.(Sheffield,Brightside | O'Doherty, William | Whiteley,H.(Ashton und.Lyne |
Hoult, Joseph | O'Dowd, John | Whitmore, Charles Algernon |
Houston, Robert Paterson | Palmer, Walter (Salisbury) | Willoughby de Eresby, Lord |
Howard, John(Kent,Faversham | Peel,Hn.Wm. Robert Wellesley | Wilson, A. Stanley (York.E.R.) |
Hozier, Hn. James Henry Cecil | Pemberton, John S. G. | Wilson, John (Glasgow) |
Hudson, George Bickersteth | Percy, Earl | Wilson-Todd.Sir W.H.(Yorks.) |
Hunt, Rowland | Pierpoint, Robert | Wolff, Gustav Wilhelm |
Jebb, Sir Richard Claverhouse | Pilkington, Colonel Richard | Worsley-Taylor, Henry Wilson |
Jeffreys, Rt. Hon. Arthur Fred. | Platt-Higgins, Frederick | Wortley, Rt. Hon. C. B. Stuart- |
Jessel, Captain Herbert Merton | Plummer, Walter R. | Wrightson, Sir Thomas |
Kennaway, Rt. Hn. SirJolm H. | Powell, Sir Francis Sharp | Wyndham, Rt. Hon. George |
Kenyon-Slaney, Col. W. (Salop | Pretyman, Ernest George | Young, Samuel |
Kerr, John | Pryce-Jones, Lt.-Col. Edward | Younger, William |
Keswick, William | Rankin, Sir James | |
Kimber, Henry | Rasch, Sir Frederic Carne | TELLERS FOR THE AYES—Sir |
Law, Andrew Bonar (Glasgow) | Ratcliff, R. F. | Alexander Acland-Hood and |
Lawrence, Win. F. (Liverpool) | Reid, James (Greenock) | Mr. Ailwyn Fellowes. |
NOES. | ||
Ainsworth, John Stirling | Bayley, Thomas (Derbyshire) | Boland, John |
Allen, Charles P. | Beaumont, Wentworth C. B. | Brigg, John |
Ashton, Thomas Gair | Bell, Richard | Broadhurst, Henry |
Atherley-Jones, L. | Benn, John Williams | Brunner, Sir John Tomlinson |
Barran, Rowland Hirst | Black, Alexander William | Burke, E. Haviland- |
Burt, Thomas | Jacoby, James Alfred | Reid,Sir R.Threshie(Dumfries) |
Caldwell, James | Johnson, John (Gateshead) | Rickett, J. Compton |
Cameron, Robert | Joicey, Sir James | Rigg, Richard |
Charming, Francis Allston | Jones, David Brynmor( Swansea | Roberts, John Bryn (Eifion) |
Churchill, Winston Spencer | Jordan, Jeremiah | Roberts, John H. (Denbighs.) |
Condon, Thomas Joseph | Joyce, Michael | Robson, William Snowdon |
Corbett, A. Cameron (Glasgow) | Kennedy,Vincent P.(Cavan,W. | Roche, John |
Craig, Robert Hunter (Lanark) | Kitson, Sir James | Rose, Charles Day |
Cremer, William Randal | Lambert, George | Runciman, Walter |
Crooks, William | Langley, Batty | Russell, T. W. |
Dalziel, James Henry | Law, Hugh Alex. (Donegal,W | Schwann, Charles E. |
Davies, Alfred (Carmarthen) | Lawson, Sir Wilfrid (Cornwall) | Shackleton, David James |
Davies, M. Vaughan- (Cardigan | Layland-Barratt, Francis | Shaw, Charles Edw. (Stafford) |
Delany, William | Leese, Sir Joseph F. (Accrington | Shaw, Thomas (Hawick B.) |
Dobbie, Joseph | Leigh, Sir Joseph | Sheehy, David |
Douglas, Charles M. (Lanark) | Leng, Sir John | Shipman, Dr. John G. |
Duncan, J. Hastings | Levy, Maurice | Slack, John Bamford |
Edwards, Frank | Lewis, John Herbert | Smith, Samuel (Flint) |
Elibank, Master of | Lloyd-George, David | Soames, Arthur Wellesley |
Ellis, John Edward (Notts.) | Lough Thomas | Stanhope, Hon. Philip James |
Emmott, Alfred | Lundon, W. | Strachey, Sir Edward |
Evans,SirFrancisH. (Maidstone | Lyell, Charles Henry | Sullivan, Donal |
Evans, Samuel T. (Glamorgan) | Macnamara, Dr. Thomas J. | Taylor, Theodore C. (Radeliffe) |
Eve, Harry Trelawney | MacNeill, John Gordon Swift | Tennant, Harold John |
Farquharson, Dr. Robert | MacVeagh, Jeremiah | Thomas, Abel (Carmarthen, E.) |
Fen wick, Charles | M'Arthur, William (Cornwall) | Thomas, Sir A. (Glamorgan, E.) |
Ferguson, R. C. Munro (Leith) | M'Crae, George | Thomas, David Alfred (Merthyr) |
Fitzmaurice, Lord Edmond | M'Kenna, Reginald | Tomkinson, James |
Flavin, Michael Joseph | M'Laren, Sir Charles Benjamin | Toulmin, George |
Foster, Sir Walter (Derby Co.) | Mansfield, Horace Rendall | Ure, Alexander |
Freeman-Thomas, Captain F. | Markham, Arthur Basil | Wallace, Robert |
Gladstone,Rt.Hn. Herbert; John | Mitchell,Edw.(Fermanagh,N.) | Walton,JohnLawson (Leeds,S.) |
Goddard, Daniel Ford | Morgan, J. Lloyd (Carmarthen) | Walton, Joseph (Barnsley) |
Grant, Corrie | Moss, Samuel | Wason, Eugene (Clackmannan |
Griffith, Ellis J. | Moulton, John Fletcher | Wason,John Cathcart (Orkney) |
Gurdon, Sir W. Brampton | Murphy, John | White, George (Norfolk) |
Haldane, Rt. Hon. Richard B. | Nussey, Thomas Willans | White, Luke (York, E.R.) |
Harcourt,Lewis V.(Rossendale | O'Donnell, T. (Kerry, W.) | Williams, Osmond (Merioneth) |
Harwood, George | O'Malley, William | Wilson, Fred.W.(Norfolk,Mid.) |
Hayter,Rt. Hon. Sir Arthur D. | Parrott, William | Wilson, Henry J. (York, W.R.) |
Helme, Norval Watson | Partington, Oswald | Wilson, John (Falkirk) |
Hemphill, Rt. Hon. Charles H. | Perks, Robert William | Woodhouse,SirJ.T.(Huddersf'd |
Henderson, Arthur (Durham) | Price, Robert John | |
Higham, John Sharpe | Priestley, Arthur | TELLERS FOR THE NOES—Mr. |
Hobhouse, C.E.H. (Bristol,E.) | Rea, Russell | J. H. Whitley and Mr. |
Horniman, Frederick John | Reckitt, Harold James | Trevelyan. |
Hutton, Alfred E. (Morley) | Reddy, M. |
§
Amendment proposed—
In page 1, line 9, after the word 'licence' to insert the words 'on the ground that the renewal would be void."—(Sir Edward Carton.)
§ Amendment agreed to.
MR. HERBERT ROBERTSsaid he wished to move an Amendment further adding the words "or that any conditions upon which the licence was granted have not been fulfilled." He said this was an important matter, and went to the root of the question of good conduct. 764 If it were not made perfectly clear in this section that the justices had the right to consider this vital point when they were asked to renew a licence, a serious weakening of their discretion would take place.
§
Amendment proposed—
In page 1, line 9, after the word 'licence,' to insert the words 'or that any conditions upon which the licence was granted have not been fulfilled.'"—(Mr. Herbert Robert.)
§ Question proposed, "That those wore be there inserted."
765§ SIR EDWARD CARSONsaid that, as far as the form of the Amendment was concerned, the Government could not accept it. As regarded the substance, there was a good deal to be said for it. Where a person had given an undertaking of any importance to a licensing bench in the past as a condition of obtaining his licence, and broke that undertaking, he ought not to have any compensation. He did not think anybody could dispute that proposition. His opinion was that any man who had given such an undertaking, and broken it, was guilty of misconduct in the carrying on of the business. He did not say that because he did not want to make the matter perfectly right in the Bill, but he was afraid that if in this place it were laid down that there was to be no compensation in the event of a breach of undertaking, it would be argued afterwards on the construction of the section that the words "ill-conducted" were not as wide as at first sight they seemed to be. He really thought that to put in the words proposed would be to weaken the significance of the term "ill-conducted."
§ SIR ROBERT REIDsaid he understood that they were agreed as regarded the principle. That was a matter for satisfaction. The Solicitor-General appeared to be afraid of the familiar rule in law that the specification of particular instances would weaken the effect of general words. He did not agree. For instance, the opening of a bar where an undertaking was given that it would not be opened would be extremely bad conduct; but would it mean that the premises were ill-conducted? He would suggest that the Amendment be accepted now, subject to further consideration on Report.
§ SIR EDWARD CARSONsaid he had the greatest possible regard for the opinion of the hon. and learned Gentleman; but he could not accept the words of the particular Amendment. He would, however, undertake to bring up words which would carry out the object to the fullest extent. He himself would prefer the Amendment of the hon. Gentleman the Member for Sheffield.
§ MR. MOULTON (Cornwall, Launceston)said he thought the Amendment of the hon. Member for Sheffield would not meet the case. There were public-houses in the neighbourhood of the London markets that opened at very early hours. Such opening might be a breach of an undertaking; but would it mean that the house was ill-conducted?
MR. HERBERT ROBERTSsaid he would accept the suggestion of the Solicitor - General and withdraw the Amendment.
§ Amendment, by leave, withdrawn.
§ SIR JAMES WOODHOUSE (Huddersfield)moved to insert words excepting county boroughs from the scope of the clause, in order to call attention to the anomalous jurisdiction of county boroughs under this section. There was no doubt a great anomaly was created by the section. Whilst the full body of justices were to be competent under this Bill to deal with the question of structural fitness of the building, the conduct of the applicant, his fitness, and so forth, they would not be competent to deal with the question whether the house was required or not. Then there already existed a statutory committee, so that there would be under the Bill a full body 767 of justices and a new statutory committee and the existing licensing committee of seven members. The licensing justices would not view that with any satisfaction at all. If there were to be an alteration it ought to be in the direction of giving the committee in the first instance the consideration of the matter, and afterwards refer it to the full body of the justices. He hoped the Solicitor-Genera would give him an assurance that the anomalies which undoubtedly the section created would be removed.
§
Amendment proposed—
In page 1, line 9, after the words last inserted, to insert the words 'except in county boroughs.'"—(Sir James Woodhouse.)
§ Question proposed, "That those words be there inserted."
§ SIR EDWARD CARSONsaid the Amendment was in the wrong place. Its proper place was in Clause 7. There was, however, a great deal in what the hon. Baronet had said, that there should be an appeal to the whole body of the magistrates; and he would undertake to have the matter considered, and some Amendment put down to meet his wishes.
§ MR. AUSTIN TAYLOR (Liverpool, East Toxteth)asked if that would mean retaining the Recorder as chairman.
§ SIR EDWARD CARSONsaid it was intended to move an Amendment to omit the Recorder as chairman.
§ And, it being Midnight, the Chairman left the Chair to make his Report to the House.
768§ Committee report Progress; to sit again to-morrow.