Licensing Laws. From an early period the English parliament devoted special attention to the trade in intoxicating liquors. That trade was always the chief source of the revenue derived from excise duties and licenses. A general scheme of excise formed part of Pitt's budget of 1784, and was embodied in the Consolidation Act of 1826, which is the basis of the existing law. In 1880 the malt duty was abolished; but brewers and distillers are still required to take out an excise license and to pay duty according to the quantity manufactured. Wholesale or retail dealers in beer, spirits, or wine must also take out a license. The duties on retailers' licenses were transferred to the county councils by the Local Government Act of 1888.
In the case of the manufacturer and the wholesale dealer only the excise license is required; but the retail trade in liquor has been placed, for more than three centuries, under the supervision of the justices of the peace. Every person who keeps or intends to keep a public-house must obtain a license from the magistrates before taking out his excise license. An act of 1830 permitted beer licenses to be taken out without applying to the magistrates; but later acts have brought all beer-houses and refreshment-houses under their control. Under the general Licensing Act of 1828 special sessions are held once a year for the grant and renewal of licenses, and at intervals throughout the year to hear applications for transfer. In counties new licenses are granted by the special sessions, but they must be confirmed by a committee of the county justices. In boroughs having ten or more acting justices, new licenses are granted by a committee and confirmed by the whole body of justices. The license thus granted and confirmed is in force for a year. On applying for a renewal the applicant need not attend in person unless required by the justices to do so; objectors are not heard unless due notice has been given to the applicant, and evidence must be given on oath. Magistrates in licensing sessions are deemed to be acting judicially; they must hear the parties fairly; but they have discretion to grant or refuse any application, and there is no appeal from their decision on the application for a new license. Even a license-holder cannot claim renewal as a right; he has no vested interest. But renewal is, in fact, very seldom refused to persons of decent character, occupying suitable premises; and the practice of the magistrates has made license-holders so far secure that a license is treated, for certain purposes, as if it were a vested interest. Probate duty is paid on the value of a license held by a deceased person; but his representatives may obtain a return of the duty if the magistrates refuse to renew. Licenses for the sale of drink to be consumed off the premises are subject to rules less strict than those which apply to the publican's license. The 'off license' requires no confirmation; and the grounds on which it may be refused are limited and defined by the Wine and Beerhouse Act of 1869. For the detailed provisions of the acts relating to this subject, see Stone's Justices' Manual.
The English licensing acts are complicated and confused; but parliament is unable to deal with the subject as a whole, by reason of the controversies which have been raised on particular points. There are now very few advocates of 'free trade in liquor;' nor is there any strong body of opinion in favour of the American high-license system, or of the 'Gothenburg system,' under which the municipalities would take over the liquor shops and manage them in the interest of the community. In England all parties seem to admit that the trade must be restricted as far as possible. Mr Bruce's Act of 1872 (modified in some of its details by the Act of 1874) restricted the issue of new licenses, subjected the publican's trade to stricter supervision, increased the penalties for misconduct, and shortened the hours within which liquor may be sold. Since the passing of the Act of 1872 no very important change has been made in the law; but the temperance party has put forward various schemes of local option, by which it is proposed to enable a majority of the ratepayers in a district to reduce the number of licensed houses, or even to prohibit the sale of liquor altogether. In 1890 the government proposed to arm the county councils with powers which might have enabled them to reduce the number of public-houses. But the scheme of compensation put forward by the government was so ill received that they were compelled to drop their proposals.
In Scotland the licensing arrangements introduced by the Home Drummond Act of 1828 bear a general resemblance to those which were established by the English act of the same year. The Forbes Mackenzie Act of 1853 introduced a new form of magistrates' certificate (since amended by acts of 1862 and 1887), the effect of which is to prohibit the sale of liquor between the hours of 11 P.M. in large towns, or 10 P.M. in the country, and 8 A.M., and during the whole of Sunday. The question of grocers' licenses has been much discussed in Scotland, and in 1878 a Royal Commission reported on the subject. See Dewar's Liquor Laws for Scotland.
In Ireland licensing authority is exercised, as a general rule, by justices of the peace, and the law is similar to that of England: it is, however, in some points more favourable to the publican. The defects of the law and the laxity with which it is administered have led to the multiplication of licensed houses of an inferior character. 'Six-day licenses' were introduced by an act of 1874; and in 1878 total closing on Sunday was made part of the law for all Ireland, except in the five largest towns in the island. See EXCISE, INN, TEMPERANCE; and for restrictive legislation with regard to the sale of intoxicating drinks in the British colonies and in portions of the United States, see LIQUOR LAWS.