HL Deb 20 August 1860 vol 160 cc1572-3

Bill read 3a (according to Order).

The Question was put, "Whether this Bill shall pass?"

Resolved in the Affirmative.


  1. 1. Because although the last Clause of the Refreshment and Wine Licences Act, passed on the 14th June last, states that it shall not apply to Ireland, yet this Bill in most of its Provisions is a Counterpart of that Measure.
  2. "2. Because, although the Act 1 W. 4, c. 64, being 'An Act to permit the general Sale of Beer and Cyder by Retail in England,' does not extend to Ireland, and hitherto in Ireland every Licence 1573 for the Sale of Spirits and Beer (which includes Permission to sell Wine) has been granted subject to a discretionary Prohibition by the Magistrates, subject to Appeal, yet this Bill deprives the Magistrates of Ireland of a great Portion of their discretionary Power, and will prevent them from beneficially restricting the Number of Houses to be separately licensed for the Sale of Wine, and from preventing Retail Wine Houses being' as numerous as the Beerhouses in England.
  3. "3. Because a mere restricted Veto is substituted for the Prohibition contained in the 4th Section of 4th Wm. 4 (which Act is referred to in the 43rd Section of this Bill), which, in addition to the Grounds of Prohibition contained in this Act, should be introduced into any permanent Measure.
  4. "4. Also, for the First, Second, Fourth (with the Alteration of the Hour 'Five' to 'Seven'), and Fifth Reasons contained in my Protest of the 11th June I860, against the Refreshment Houses and Wine Licences Bill.
  5. "5. Because the 20th Section of 4tli Wm. 4 has not been in any way applied to this Bill, and by it, or a Modification of it, all respectable Inhabitants might assist the Police in suppressing Drunkenness and punishing Drunkards.
  6. "6. Because Clause 40 of the English Act is entirely omitted from this Bill, and might even have been improved upon herein, by rendering all Persons found drunk in the Street, whether (otherwise than by being drunk) indecent or not, liable to an increased Fine, and to Imprisonment.
  7. "7. Because in any general Measure the Justices or Divisional Justices or Court to which Appeal is made should grant all Licences, as they are far more fit to do than the Excise, whose chief Duty is to increase the Revenue, or than the Police, who, without any Duties as to Licences, may have sufficient Responsibility in detecting-Drunkenness, and in helping to convict Drunkards and Keepers of ill-conducted Houses, but more so as such Magistrates adjudicate on all Cases of Evils and Crimes produced by Drunkenness.
  8. "8. Because while Coroners in England, according to Usage, and a Report of a Select Committee of the House of Commons, retain and will retain the Initiative in all Inquests (whether paid by Fees or Salary), the Magistracy of Ireland, most of them unpaid, and without any Interest in granting or withholding Licences, except as to the Preservation of Order, and as to the diminishing the Temptations to and Punishments for Drunkenness, ought to have at least as much Confidence reposed in them as in any other Public Servants.
  9. "9. Because the Feeling against the proposed and lately enacted Measure is every Day increasing in England.