Chapter I: The Growth of the Licensing System

The English are often said to be the most drunken among civilised nations; but, like many other constantly repeated statements, this is not correct. Denmark, Belgium and Russia certainly take the precedence of us in this matter; and it is an open question if alcoholism is not doing at least as much harm in northern and central France and Switzerland, as in the British Isles. The casual visitor to our lively neighbour sees but little open intoxication, and consequently assumes that France is a sober country. But those who have gone beneath the surface, and examined the results as recorded in the statistics of prisons and asylums, know that intemperance is rapidly becoming a national plague there.

While we may not be the worst offenders in this respect, it is yet undoubted that alcoholism is the greatest source of social misery in our land. Theorists may quarrel among themselves as to the exact proportion of poverty and crime produced by intemperance; but no thinking man who is not altogether shut out from association with his fellows can doubt the awful ravages it is producing. We do not require to have it proved to us by figures; we only need to open our eyes and to use such brain power as we may possess to have the proof forced on us. Among the fashionable rich, among the idle women of upper middle-class families, as well as in our slum population, intemperance is doing a work of destruction before which the results of the most fatal diseases seem hardly worth notice.

Most of us would gladly be optimists on this subject, if hard facts would only let us; but it is useless to indulge in an idle optimism, which suffers us to do nothing when the need of our services is greatest. It is accepted by many as an undeniable fact that we are steadily becoming a more sober people; but, unfortunately, statistics do not bear out this view. In some ways temperance has made great advances. Drunkenness is no longer looked upon as an amiable weakness, but as a serious offence against society and against oneself. The days of the three-bottle men are over, let us hope never to return; and the incessant drinking among friends that was common not many years ago is now little seen. Over one-sixth of the people have entirely abandoned the use of strong drink; everywhere active temperance societies are working hard to promote sobriety; the conditions of life have become infinitely brighter and easier for the great mass of wage earners; education has become universal, and the sale of alcohol has been placed under greater restrictions. Yet, notwithstanding all this, the drink trade was never so strong as it is to-day. Within fifty years the amount spent on liquor has almost doubled; though the police rarely arrest a drunken person except when outrageously disorderly, nearly 200,000 men and women are brought before the magistrates each year for intoxication;[9] and the number of deaths caused through inebriety cannot be estimated at a lower figure than 40,000 a year.

The Saxon chronicles tell how Edgar the Peaceable, acting on the advice of Archbishop Dunstan, determined to do something to check that drunkenness which was, the same a thousand years ago as to-day, all too prevalent on this island. He reduced the number of ale houses to one in each village, and had pegs put in the drinking cup to mark the amount that any person might consume at one draught. These drinking cups held about a couple of quarts each; and, if tradition speaks truly, it was no uncommon thing for men to finish up the whole of this quantity without once taking their lips from the vessel. By the law of Edgar, eight pegs were placed in each cup, and heavy penalties were provided for any person who dared to drink further than from one peg to another at a time. Edgar's efforts were not crowned with much success. The law restricting the number of public-houses was not long observed; and the draught limit led, in the end, to an increase in the evil it was designed to check.

After this attempt the trade was allowed to go on almost without restriction till the end of the fifteenth century; but then the evils caused by it became too apparent to be longer passively borne. In the year 1494, power was given to any two justices of the peace to stop the common selling of ale; and fifty-eight years later, in the reign of Edward VI., a serious attempt was made to grapple with the trade. Parliament complained that "intolerable hurts and troubles to the commonwealth of this realm doth daily grow and increase through such abuses and disorders as are had and used in common ale houses or other houses called 'tippling houses';" and in order to check these evils it passed various laws for the regulation of public-houses. This act is the foundation of our present licensing laws, and the three main lines which it laid down for the limitation of the business have continued to be observed ever since. These are: (1) that the retail trade in intoxicants is an exceptional business, which the State can only permit to be carried on by duly licensed persons; (2) that the power of granting licences lies with the justices of the peace; and (3) that the magistrates have power, when they think fit, to take away such licences.

Notwithstanding this Act, the national drunkenness showed no signs of decreasing; and when James I. came to the throne fresh efforts were put forth to check it. For many years past the inns had been steadily changing their character; and from being places of rest and refreshment for travellers they had become principally tippling houses. So a measure was passed "to restrain the inordinate haunting and tippling in inns". According to the preamble of the Act, "the ancient, true and principal use of inns was for the receipt and relief and lodging of wayfaring people travelling from place to place; and for the supply of the wants of such people as are not able by greater quantities to make their provision of victuals; and not meant for the entertainments and harbouring of lewd and idle people, to spend and consume their time in lewd and drunken manner".

To prevent this improper use of the taverns, various stringent regulations were made. No resident in the district or city where any inn was situated was allowed to remain drinking in it unless (1) he was invited by and accompanied some traveller staying at the inn; (2) he was a labourer, in which case he would be allowed to stay at the inn for an hour at dinner time; (3) he was a lodger; or (4) unless he was there for some other urgent and necessary cause, allowed to be such by two magistrates. A ten-shilling fine, to go to the poor, was the punishment for breaking this law.

Two years later, a further Act was passed for the prevention of drunkenness. According to the preamble, "The loathsome and odious sin of drunkenness is of late grown into common use, being the root and foundation of many other enormous sins, as bloodshed, stabbing, murder, fornication, adultery, and such like, to the great dishonour of God and of our nation, the overthrow of many good arts and manual trades, the disabling of divers workmen, and the general impoverishing of many good subjects, abusively wasting the good creatures of God". This time it was provided that any person found drunk should be fined five shillings, or confined in the stocks for six hours. In 1609 a further Act was passed dealing with the matter, in which it was admitted that no success had attended the former attempts. "Notwithstanding all laws and provisions already made, the inordinate vice of excessive drinking and drunkenness doth more and more prevail." In order to more effectually suppress it, heavier penalties were provided, the landlord who permitted tippling was to lose his licence, and less evidence was required to secure a conviction. Not long afterwards the penalties were again increased.

It is notorious that all these measures failed to effect their purpose. But the country was soon to learn that difficult as it may be to promote sobriety by law, it is easy enough for Parliament to encourage and promote drunkenness. Soon after William and Mary came to the throne, the nominal policy of previous reigns was altered, with immediate and overwhelming results. Formerly almost all the spirits used in England had been imported from the continent, and the conditions under which their manufacture could be carried on at home were such as to keep the business very small. But in 1689 Parliament changed this. The Government was in great need of money to meet the plots of traitors at home and carry on its campaigns abroad; and it was thought that a considerable revenue might be obtained by encouraging the home spirit trade. Accordingly, the importation of distilled waters from foreign countries was prohibited, and the right to manufacture them was thrown open to all, subject merely to the payment of certain excise dues. The natural consequence was that the price of spirits fell so greatly as to place them within the reach of all classes. Before long dram drinking had, to use the expression of Lecky, "spread with the rapidity and the virulence of an epidemic". The results of free trade in drink were visible all over the land. Gin shops arose in all directions in every large town; and in London there were, outside the city and the borough, over 6000 spirit dealers to a population of 700,000. In less than fifty years the consumption of British spirits rose sevenfold; and everywhere the same tale was heard of the ruin it was bringing on all classes. It was at this time that the gin dealers hung out signs announcing that customers could get drunk for a penny, dead drunk for twopence, and have straw to lie on for nothing. Nor was this a mere boast; for many of the innkeepers actually provided rooms whose floors were covered with straw on which the intoxicated customers could lie until they recovered consciousness.

Such a condition of affairs could not be long permitted to continue. Parliament, alarmed at the results proceeding from its own action, set about for a remedy. As a first step, dealers in spirits were compelled to obtain licences, like ale house keepers; an annual charge of L20 was placed on the spirit licence, and the principle was introduced of having the licences renewed annually. But the change was made too suddenly, and the licence fee was too high; and this resulted in an extensive illicit trade springing up. In order to stop this, Parliament repealed the Act and passed another, forbidding the sale of spirits except in a dwelling-house, under a penalty of L10. That is to say, every householder was given leave to sell drink in his own home.

The last state was worse than the first. In 1736 the magistrates of Middlesex petitioned Parliament, stating forcibly the terrible results from the state of the law. A Parliamentary Committee was appointed to consider the whole matter; and it reported that the low price of spirituous liquors was the principal inducement to their excessive use; and that, in order to prevent this, a duty should be placed on strong drink, and the right to vend it should be restricted. The same year the Government passed the famous Gin Act, a measure so stringent as to practically prohibit the sale of spirits. No person was allowed to dispose of them unless he had paid an annual licensing fee of L50; and the penalty for breaking the law was a fine of L100. A tax of twenty shillings a gallon was also placed on all spirits manufactured.

The Gin Act came too late. The passion for spirits had become firmly rooted among the people, and they would not consent to have their supplies cut off. They rose against the officers appointed to carry out the Act, and in many of the larger towns there was for some time danger of rebellion. The legal sale of proof spirits dropped in a year to two-thirds of its former proportions; but an immense illicit trade was carried on, which far more than balanced the reduction. All the power at the back of the Government was not enough to obtain the enforcement of this measure, though the magistrates made strenuous efforts to carry it out. In two years 12,000 persons were convicted of breaking the law, but all the prisons of the country would have failed to hold a tithe of those who openly set it at defiance. The excise officers were held in general detestation, and informers or any who dared to appear in excise prosecutions went in danger of their lives. At last the Government had to give way, and in 1742 the Act was repealed.

In 1828 the various Acts relating to the licensing of public-houses were consolidated, and the control of them was made more stringent. Two years later a new and most unfortunate departure was taken. With the hope of causing people to abandon the drinking of spirits, Parliament determined to encourage the sale of beer; and an Act was passed permitting any householder to open a beer shop on paying an excise fee of two guineas. The consumption of beer rose twenty-eight per cent. in consequence; but it was soon found that this, in place of checking the rush to spirits, aided it; and the increase in the spirit trade was even greater than that in beer. The number of houses for the sale of intoxicating liquors rose from 88,930 to 123,396; and many old inns, that formerly had been respectably conducted, were now driven by the stress of competition to very doubtful means for the promotion of their trade. At the same time crime showed a great increase, and, to quote from a Report of a Committee of the House of Lords, "The commitments for trial in England and Wales in the years 1848-49 were, in the proportion to those of 1830-31, the two first years after the enactment of the Beer Act, of 156 to 100; that this is not a mere casual coincidence the Committee have the strongest reasons to believe from the general evidence submitted to them, but more especially from that of the chief constables of police and the chaplains of gaols, who have the best opportunities, the one of watching the character of the beer shops and of those who frequent them, the other of tracing the causes of crime and the career of criminals".

The Report of a Committee of the House of Commons in 1854 was still more emphatic. "The beer shop system," it said truly, "has proved a failure."

_Off Licences._--Through legislation introduced by Mr. Gladstone early in the "sixties," persons are now permitted to sell spirits, wine or beer in bottles, for consumption off the premises, on payment of a small licence fee. Previous to then it was illegal for any spirit merchant to supply less than two gallons at a time. The new law has led to a considerable trade in strong drink through grocers, and it has been estimated that the off licence holders supply about five per cent. of spirits sold. This departure has been the object of very considerable opposition from both publicans and temperance advocates. The publicans naturally object to having a large part of what was their monopoly thrown open to almost free competition; and temperance advocates declare that the off licences are very largely responsible for the rapid increase of intemperance among women. It is said that many who would not venture to go to a public-house to order what they want, quietly and secretly obtain their supplies through the grocer, and are able to indulge at home without restraint. Innumerable clergymen and doctors declare that, to their personal knowledge, these facilities have largely promoted female intemperance. But in the very nature of the thing, these statements, while worthy of all attention, are not capable of ordinary proof. The only way they could be shown to be true would be by naming a large number of cases, with names and addresses, and submitting them for examination. Naturally neither clergymen nor doctors can do this; for it would be impossible for them to make public the secrets of persons whose inner histories they learn in their professional administrations. It was this that caused the failure of the temperance party to convince the Committee of the House of Lords, in 1879, as to the harmfulness of the off licences. In its Report, the Lords' Committee made this statement about the matter:--

"The question which the Committee have had to consider is, not whether some cases of intemperance may be traced to the purchase of spirits at grocers' shops, but whether any general increase of intemperance can be attributed to grocers' licences. After the examination of many witnesses on the point, and after the best inquiries they could make, the Committee have obtained very little direct evidence in support of this view; and the conclusion they have come to is, that upon the whole there have been no sufficient grounds shown for specially connecting intemperance with the retail of spirits at shops as contrasted with their retail at other licensed houses."

_Sunday Closing._--Sunday closing now prevails over almost the whole of the empire, with the exception of England itself. It is in force in nearly every colony, and in Scotland, Wales and Ireland. For the latter country an Act was passed in 1877, granting this measure to the whole island, except Dublin, Cork, Belfast, Limerick and Waterford, for the space of four years. The Act was looked upon as purely experimental; but it operated so successfully that it has since been renewed, year by year, as an annual measure. Many efforts have been made to place it on a permanent basis, and to include the five exempted cities in its scope. Both Protestants and Catholics are agreed as to its necessity, and leading statesmen of both parties have testified to its beneficial effects.

In 1888, when Mr. T. W. Russell brought before the House a Bill to make Sunday closing permanent and general in Ireland, the opponents of the measure obtained the appointment of a Committee to inquire into the results of the Act. After a most exhaustive inquiry this Committee reported in favour of it, and recommended--

(_a_) That all drink shops in Ireland close at nine P.M. on Saturdays.

(_b_) That the present Irish Sunday Closing Act be made permanent, and include the five hitherto exempted towns.

(_c_) That the distance requisite for a person to travel to qualify as a _bona-fide_ traveller entitled to purchase refreshments be increased from three miles to six.

This was a great triumph for the Sunday closers. In the words of Mr. A. J. Balfour, "it was not unfair to say that the whole weight of evidence, with comparatively insignificant exceptions, was in favour of the continuance of Sunday closing in Ireland, and of the adoption of Saturday closing after nine o'clock. The people who gave evidence were not drawn from one class of the community, but they represented every class and every section of opinion."

Since then Acts have been brought in year after year embodying these recommendations; but although supported by the Government it has never been found possible to carry them, chiefly on account of the congested condition of business in the Commons.

In Scotland Sunday closing has been in force under the "Forbes-Mackenzie Act" since 1854. It works on the whole very successfully, as might be expected from the fact that in all things Scotland is strongly a Sabbath-observing country. In Wales this law has also been in force since 1882. It is admitted to be a fair success in the interior of Wales; but great difficulty has been found in enforcing it in Cardiff, and along the border line between England and Wales. In Cardiff a very large shebeen trade has sprung up, and a number of clubs have been established for the avowed purpose of supplying their members with liquor on Sundays.

In 1889, in consequence of many statements that were in circulation declaring Sunday closing in Wales to be a failure, the Government appointed a Royal Commission, presided over by Lord Balfour of Burleigh, to inquire into the matter. To the great surprise of many, the Commission reported in favour of the Act, and declined to recommend either modification or repeal of it, stating that "a change in this direction would be unwelcome to a vast majority of the population".