The

opinion of the Commissioners, to cancelling grocers' licenses altogether, and, whatever might happen in cities and large towns, such traders could not elsewhere gain a living. Commissioners, who believe that the business carried on by these mixed traders meets the wants of an important part of the population, do not recommend any alteration of the present system as regards the combination of trades, but, if these other recommendations are adopted, they point out that the Licensing Authority would in future have the power to impose conditions in the case of these licenses, as in all others. (p. 20.) [For the recommendations of the Minority Report, see p. 17 infra.]

POLICE ADMINISTRATION.

The Commissioners consider that an explicit code of instructions as to dealing with cases of drunkenness, &c., should be issued to the police, that the police should have the general power to arrest for simple drunkenness apart from disorder, and that no policeman in uniform, whether on or off duty, should be served without an order from a superior officer. (p. 21.)

OFFENCES BY LICENSE-HOLDERS.

The Commissioners, being of opinion that it would be advisable to alter the law so as to shift the onus of proof on a charge of permitting drunkenness, recommend that where a person is found drunk on licensed premises, or observed quitting them in that condition, the license-holder should be required to prove that he and his servants were ignorant of the drunkenness, or that if they knew it, they did not allow the offender to remain on the premises. (p. 21.)

OFFENCES BY THE PUBLIC AND
PENALTIES.

It is recommended (1) that a person found drunk when in charge of a child shall be liable to an increased penalty, and (2) that habitual drunkenness should entitle a wife or a husband to separation and protection for themselves and children. (p. 22.)

HABITUAL INEBRIATES.

The Commissioners are of opinion that the Inebriates' Act of 1898 is unlikely to be largely put in force, and they propose that when persons have been declared by a Court of Summary

Jurisdiction to be "habitual inebriates," it should be the duty of the justices or the police to inform such licensed victuallers, or other dealers in intoxicants, as in their discretion may be necessary of the identity of such inebriates, and prohibit them, under penalties, from serving them. The persons prohibited should, after notice, also be liable to penalties. (pp. 22 and 23.) [For the recommendations of the Minority Report, see p. 17 infra.]

PART II.-SCOTLAND.

THE CONDITION OF SCOTLAND.

The Report states that there has been a steady improvement in the habits of the people in temperance and sobriety during the last 30 or 40 years. At the same time the proportion of arrests for drunkenness is high as compared with the sister countries. This, however, the Commissioners are inclined to attribute to the stringent administration of the law by the public prosecutors, and to an energetic police, rather than to the inhabitants being more drunken than their neighbours. The proportion of all classes of licenses to population is much less than in England-1 to 333 as against 1 to 219. The proportion, however, varies enormously in different parts of the country, and the Commissioners think that some redistribution is necessary, and that in certain places a reduction is desirable. The tied-house system does not generally prevail. (pp. 24 & 27.)

PART III.-IRELAND.

CONDITION OF IRELAND.

"A careful review of the evidence tendered before us appears to show us that drunkenness, if not decreasing in Ireland, still does not show a tendency to increase." Wakes are stated to be often the occasions of regrettable excess, and though

the Commissioners say that the subject is not easily touched by legislation, they concur in the suggestion that the Tippling Acts should be amended so as to apply to liquor supplied on credit for a wake. The number of licensed houses is, in their opinion, excessive beyond all question, and utterly out of proportion to the necessities of the inhabitants. The call for reduction is consequently more urgent than in either England or Scotland. The tied-house system is the exception. In the opinion of the Commissioners, local feeling does not justify them in recommending that complete Sunday closing should be extended to the five towns at present excepted-Dublin, Belfast, Cork, Waterford and Limerick. Illicit distillation is on the decrease, and the police are sufficiently alert. (pp. 35, 43, 46 and 47.)

PART IV.-CLUBS.

"It

Beginning with the statement that it is hard to draw the line between legitimate social clubs and those in which the sale and purchase of drink are the main objects, the Commissioners go on to say that it is impossible to legislate for the suppression of clubs, or even to impede their increase. is certain," moreover "that working men would resent restrictions on their own clubs which are not imposed on those frequented by the upper classes." But they believe that the grosser evils which prevail would be mitigated by the adoption of the following recommendations:-(1) that all clubs in which intoxicants are supplied should be registered; (2) that the onus of proving bona fides should be placed on the club applying for registration; (3) that no club should be registered unless the Club property be vested in all the members of the club or in trustees, and unless no individual member iş interested directly in the sale of exciseable liquor on the club premises; (4) that the registering authority should examine the rules and satisfy itself that the Club is not formed. solely for the purpose of the sale and consumption of intoxicating liquors, and that some check is placed on the election of members, the privileges of honorary membership, and on the introduction of friends by members; (5) that the sale of intoxicating liquor for consumption off the premises be strictly probibited; and (6) that no person under 18 years of age be admitted as a member of a club in which intoxicants are sold. (p. 48.)

PART V.-GENERAL.

REDUCTION OF LICENSES AND

COMPENSATION.

Though the evidence as to the direct ratio of drunkenness to the number of licensed houses is conflicting, it cannot be denied, in the view of the Commissioners, that in numerous districts, if not universally, there is at the present time, owing to various causes," a very considerable congestion of licenses." They regard a large suppression as essential, not so much in the belief that this would lead to much diminution in the consumption of liquor, as because it would ensure better police supervision, and improve both the character of the premises and the status of the publican.

Areas for Reduction and Compensation.These should be in England and Ireland, the Counties and County Boroughs, and in Scotland, as far as possible, similar But as the circumstances vary so widely, it is not desirable that any fixed proportion of licenses to population should be aimed at.

areas.

[For the recommendations of the Minority Report, see p. 17 infra.]

The Authority to Allot Reduction.-The Standing Joint Committee for each County, and a similar body in each County Borough, should decide what reduction is required in each licensing area, or any portions of it, after evidence from the Police and Licensing Authorities, and the Licensing Authority should decide how the reduction should be distributed within the area. In order to keep them up to the mark, the Committees should be required to report to the Secretary of State the reasons for this action or inaction, such reports to be laid before Parliament.

[For the recommendations of the Minority Report, see p. 18 infra.]

Compensation. After summarizing the arguments submitted to them for and against the contention that where a license is suppressed otherwise than for misconduct, the owners of the property are entitled to receive the difference in the value of the premises licensed and unlicensed, the Commissioners, "on the general ground of justice and expediency," give their adhesion to to the principle of compensation "equivalent to the fair intrinsic selling value of the license

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"and goodwill," apart from extreme inflation of prices. They lay special emphasis on these two considerations(a) to suppress a proportion of the licenses without compensation, or for a fractional compensation, is to inflict very material loss on one set of licensees, arbitrarily selected, and to benefit the remainder by the elimination of their rivals; (b) municipal management, if adopted, should be adopted on grounds of public policy alone, and on whatever terms the licenses are to be suppressed, on those terms the municipalities would claim to take them over, with the result that if no compensation or only fractional compensation is allowed, an agitation would presently arise in favour of this concession, because the prospect of a large rate of profit would be obvious and certain. The temptation would, in the opinion of the Commissioners, quite override the reasons of public policy which should govern this question. (pp. 49-52.)

COMPENSATION.

Declaratory Value.-"We have come to the conclusion that, if compensation is to be paid, it must be raised from the trade itself." The machinery proposed to ascertain the fair value of licensed houses, whether for the purpose of suppression or taxation to provide a compensation fund, is that every owner and occupier of licensed premises should be required jointly to declare the separate value of the premises, and also of the license and goodwill attached to them-the licensing authority to have the option either of taking such declaratory value or of resorting to the machinery of the Lands Clauses Consolidation Act.

on "

Off Licenses.-All retail licenses "off" as well as should be regarded both as contributories to the compensation fund and as liable to suppression.

The Compensation Fund. It is recommended, in order to raise this fund, that a charge of 6s. 8d. per cent. per annum should be levied upon the declared or ascertained value of the license and goodwill. The annual license rent payable on new licenses (see infra) should be added to the fund, and when premises are extended and improved, some additional contribution should be levied and added to the fund. A direct levy-to be determined by Parliament-should also be made on clubs in which intoxicating liquors are sold, and hotels and restaurants should contribute on the scale of one-sixteenth of their rateable value.

[For the recommendations of the Minority Report, see p. 18 infra.]