LICENSING DECISION.

Oxford Observer, Volume 81, Issue 81, 13 June 1891, Page 3

LICENSING DECISION.

Oh March 20 last the case of Sharpe verms Wakefield was finally decided m the House of Lords. During the last 1 two years it has greatly interested the i public m general, and the publicans m • particular ; and, now that it has been finally settled, its effect on the liquor' traffic will be momentous. The facts are briefly thus :— About two years ago one • of thelicensing.benches of Westmoreland declined to grant the renewal of a license to a publican named- Sharpe,' on I the ground of its not being justified by I local improvements. This at once ar- i oused an old controversy as to the vested interest of a license/ Though Justices ; Mellor and Cockburn, and the late ! Mr T. Nash, secretary of the ;-, Licensed Victuallers' Association, had expressed' a contrary opinion, it was generally supposed that a publican, so long as he was of good character, and conducted his business properly, was entitled: to a renewal of his .license.; The . decision m! this case, put disqualification, other than^ personal grounds; and rendered a pub- j lican'S; position extremely precarious, i The wealthy powerful; body inter-i ested m the liquor traffic, at once took' the matter up ; and Sharpe, now a mere figurehead; appealed l^ thelocal >■ Quarter Sessions, making Wakefield, chairman of the licensing bench, a nom-

in&l defendant. The appeal was dismissed .■■•'. The publicans, brewers, and spirit . merchants were not likely to surrender on such an important issue without a fierce struggle. The case •was carried into the Court of Queen's Bencfc , and afterwards to the Court on Appeal, but m each aw the original decision was upheld. So vital was the point raised that the liquor interest carried the case to the final court of appeal, the House of Lords. After hearing the arguments on both sides, Lords Halsbuay, Bramwell, and Herschell gave their decision on the date above mentioned, and unanimously upheld the decision already given. The question thus finally settled will have an importanfcbearing oa She licensing biws. According to the highest luijal tribunal there is no vested imerast in apu:>luunV license, which is granted for one year only* A renewal is, m the .opinion of the different courts whioli have tried this <5a,30, nothing more nor ; less than new : license. Of course, the publiccan '$ claim to compensation for nonrenewal of his license is thus completely shattered. ••'■•-.

It is significant that at . some of the English 1 annual licensing sessions last autumn the magistrates refused to grant renewals to " tied public 7 houses. No wonder that the brewers and spirit merchants fought so strenuously on behalf of Sharpe.