MUSICAL ENTERTAINMENTS BILL. (Hansard, 26 April 1875)

THE DUKE OF ST. ALBANS

said, that those of their Lordships who were in the habit of attending Exeter Hall and St. James's Hall might be somewhat surprised to hear that they had been frequenting places which came under the operation of an Act to deal with disorderly houses. Such was, however, the case; and in 1866 the Middlesex Magistrates issued notices that the Licensing Act of George II. would be strictly construed. Under its third section, no place kept for public dancing, music, or public entertainment of the like kind in the Cities of London and Westminster could be open for such purpose before five o'clock in the afternoon, and an action had been actually brought against the proprietor of St. James's Hall on this account by a common informer early in the present year. He believed the Lord Chamberlain was advised that his licence could only avail to cover this within the City of Westminster, while two eminent counsel—Sir Henry James and Mr. Poland—doubted his power even to this limited extent. Therefore he asked Her Majesty's Government before Easter whether they would include in their promised course of legislation this year the Amendment of the Act 25 Geo. II. c. 36. He was told they would do nothing of the kind. In consequence the present Bill was prepared, and he had the honour to introduce it; but while it was on the Paper for the second reading he was agreeably surprised to see that the noble Earl who represented the Home Office (Earl Beauchamp) had brought in a measure to deal with the matter. His (the Duke of St. Albans') Bill would give to the magistrates who now had the power of granting music licences, the further power of saying at what hour any licensed place might open. The Bill of the noble Earl, on the contrary, laid down a hard-and-fast line with regard to the hour of opening—namely, that it should not be before the hour of noon. It was desirable that there should be immediate legislation on the subject, and, acknowledging the advantages of the Government in this respect, 1630 he would not now enter into the merits of his own Bill or of its rival. The noble Earl, he believed, was prepared in Committee to introduce a condonation clause to cover those places which in the uncertain state of the law might have erred, and to make it clear that the words "shall not open before noon" did not mean that while St. James's Hall escaped from the Scylla of being unable to give a concert before 5 P.M., Willis's Rooms were landed in the Charyb dis that a ball must close at midnight. If the Government would give this assurance he should not persevere with his Bill, but would postpone the second reading till he was assured of the success of the Government measure.