produce excellent results, though under different conditions the tie may have the contrary effect. They believe that the prohibition of the system would be ineffectual and so mischievous, nor do they think it expedient to lay down any positive rule as to whether the Licensing Authority should or should not take cognizance of the agreement between the licensee and the owner of the house. The following recommendations are, however, made:-(1) The licensee should be the only person with whom the authority should deal, and his misbehaviour should entail penalties both on himself and the house; (2) The agreements should always be produced on applications for transfers or new licenses, it being left to the authority to say whether the terms are such as to warrant the refusal of the application; (3) In the case of a managed house the employer should hold the license, but the name of the manager should be registered; (4) A copy of all agreements should be lodged, if required, with the Clerk to the Licensing Authority. (pp. 7, 8 and 9.)

[For the recommendations of the Minority Report, see p. 15 infra.]

THE JUSTICES AS THE LICENSING
AUTHORITY.

With regard to disqualification the Commissioners say that, while care has been taken by the legislature to guard against the possibility of bias through pecuniary interest on the part of any justice, it has been argued that there is no safeguard against a man who holds extreme views on licensing questions acting at Brewster Sessions, and that this may prevent impartiality. They are, however, unable to suggest any practical remedy in the way of disqualification, but they express the hope that men of extreme views will not be selected to serve on the new licensing tribunals and Courts of Appeal which they recommend should be instituted. (See p. 6 infra.) They do, at the same time, recommend, on the ground of remoteness of interest, that the holding of railway shares should not be a disqualification in the licensing justice, and that justices' clerks should be subject to the same disqualification as justices connected with the trade. In conclusion they point out, in answer to the argument that the justices have practically unlimited powers, that, while the justices have a discretion, they are bound according to the judgment in "SHARP v. WAKEFIELD" to exercise it judicially. Consequently they should not privately investigate cases on

Ne

which they may afterwards be called upon to adjudicate. The reasons for refusal to renew a license should always be stated in open court. (pp. 9, 10 and 11.)

LICENSING ADMINISTRATION.

New Licenses.-The report states that for the last 15 or 20 years the justices generally in England have abstained from granting new licenses, and most of those granted have been "Off" licenses. The practice of granting new licenses on condition that one or more old licenses should be surrendered has largely prevailed in recent years, and has led to a considerable reduction of the total number in some of the congested districts. A clear distinction is drawn by the Commissioners between the grant of a new license, which is a gift often equivalent to a large sum, and the renewal of an old license which may have long been bought and sold in the market. It is recommended that notice of an application for a new license should be made to the Licensing Authority itself; that confirmation should, as at present, be required in the case of new grants, and further that new "off" licenses should in future also be confirmed. The confirming authority in all cases to be the New Court of Appeal (see p. 7 infra.)

Renewals.-"It will be seen by the returns--that the Justices very rarely refuse the renewal of a license on the sole ground that it is not required. If compensation could be granted their action would probably be different." With regard to ante-1869 beerhouse licenses, the renewal of which can only be refused on certain specified grounds, the Commissioners recommend that the general discretion of the Justices should be extended to these, but that, in the absence of misconduct, the legal right to renewal ought not to be destroyed without compensation.

Transfers.-The transfer of a license should not be made the occasion for suppressing it, unless under exceptional circumstances, and certain other minor recommendations are made.

Minimum Qualification of Premises. It is proposed that £12 should be the minimum qualification, but that time should be given in which the holder might bring his premises up to the value required.

Other Details. With regard to back and side doors, "( snugs," long bars, internal communication, lodgers, &c., the Commissioners are of opinion that the conditions which the

Licensing Authority should be empowered to impose should be defined by Statute or by order of a Secretary of State; but that, except as to structural alterations necessary to secure the observance of the law, conditions should only be imposed in grants of new licenses. All conditions imposed should be recorded on the register, and on proof of breach there should be power to refuse the license. (pp. 11-14.)

EXTENSION OF THE POWERS OF THE
LICENSING AUTHORITY.

It is recommended that "full magisterial control and discretion" should extend to:-(1) "Off" wine and spirit licenses, e.g., grocers' licenses; (2) the sale of British wines "off"; (3) the sale of cider "off"; (4) wholesale licenses, except those required by brewers, distillers, wine and spirit merchants, and blenders; (5) the sale of excisable liquors on packet-boats and in theatres. (p. 15.)

RECONSTITUTION OF THE LICENSING AUTHORITY AND THE APPEAL COURT.

Various suggestions were laid before the Commissioners as to the reconstitution of these bodies. With some of the criticisms made by different witnesses the Report agrees, others it does not accept. "We do not concur with those who think that the justices, by their action at quarter sessions, have thwarted the due administration of the licensing laws. Witnesses of weight have testified to the contrary. At the same time, there is a strong and reasonable objection on the part of the great boroughs to an appeal to county quarter sessions. There have been objectionable instances of the court being packed by justices who do not usually attend." The Commissioners believe that the defects of the present system would be remedied by the adoption of the proposals which they make for reconstitution.

These proposals are as follows:

The Licensing Authority (a) in divisions of counties and non-county boroughs should consist of three, six, or nine members, selected triennially; two-thirds to be justices, nominated by the justices of the petty sessional division (or in the case of boroughs, with a separate Commission of the Peace, by the borough justices,) one-third to be nominated by the county council, or in the case of the boroughs mentioned, by

the town council, out of their respective bodies; (b) in county boroughs should consist of three, six, or nine members, selected in the same manner, and in the same proportion, by the borough justices and town council. The number in each case should be fixed by the Secretary of State. The Court of Appeal (a) for each county and the non-county boroughs therein should consist of justices nominated triennially by the county and borough justices; the number for each county to be determined by the Secretary of State, and apportioned by him between the counties and boroughs according to population; (b) for each county borough should consist of justices nominated triennially by the borough justices (the number to be determined by the Secretary of State) with the Recorder as ex-officio chairman, whenever the borough has a separate Quarter Sessions. (pp. 16 and 17.) [For the recommendations of the Minority Report, see p. 16 infra.]

HOURS OF OPENING AND CLOSING.

Statutory Regulation of Hours. Premising that the convenience of the public and the maintenance of order are the points to be primarily considered, the Report recommends that all regulations as to hours should continue to be laid down by statute, and not left to the discretion of the licensing authority, as the latter course would probably lead to all sorts of different regulations.

Sunday Closing in Wales.-The Commissioners are of opinion that in Wales, as a whole, Sunday closing has been a success, especially in the rural districts, and that improvement is discernible in other places, such as Cardiff, and they recommend that Sunday closing should be extended to Monmouthshire.

Six-Day Licenses.-"We consider that if power were given to the Licensing Authority to grant six-day licenses in certain cases, it would be used with discretion, and for the benefit of the community, and not infrequently of the licenseholders themselves." It is recommended that in the case of new licenses, entire Sunday closing should be one of the statutory conditions which may be imposed by the Licensing Authority.

Sunday Hours in England.-The Commissioners are of opinion that to enact at the present time complete Sunday Closing would be "a step too far in advance of public opinion," but they are prepared to recommend that the hours should be curtailed to two hours at mid-day and two hours in the evening as a maximum. London, however, and the principal cities should for a time be excepted from the operation of the rule. [For the recommendations of the Minority Report, see p. 16 infra.]

The Bona-Fide Traveller." We do not think it necessary to mention the right of the bona-fide traveller to be served during prohibited hours, but the needs of genuine excursionists cannot be entirely left out of sight." It is recommended that a limited number of licensed premises, where travellers may be served at specified hours, should be selected by the Licensing Authority, and that a special license duty shall be exacted in return. It is suggested that the statutory distance might be extended to six miles.

[For the recommendations of the Minority Report, see p. 16 infra.]

Week-Day Hours of Closing. The Commissioners would welcome some further curtailment, but they do not think that public opinion would at present sanction it. [For the recommendations of the Minority Report, see p. 16 infra.] (pp. 17-19.)

SALE TO CHILDREN.

If, as the Commissioners are inclined to believe, public opinion approves the proposal, they recommend that serving children under 16, for consumption either "on" or "off," should be forbidden, that the present penalties for knowingly serving should be raised, and that similar penalties should be imposed on those who knowingly send children under age. "Legislation in this direction," however, "should only be undertaken after the fullest discussion with those best qualified to speak for the class affected, otherwise a strong reaction of opinion might follow." (p. 19.)

COMBINATION OF TRADES.

It is recommended (1) that petty sessions, inquests, and revising barristers' courts should not be held in licensed premises; (2) that liquor licenses should not be granted to common lodging houses; (3) that local authorities should make bye-laws to prevent public houses being used as lodging houses for seamen. The Commissioners do not think that the grant of music and dancing licenses to public houses should be prohibited, but they recommend that no public music or dancing should be permitted in any building without a license being obtained from the licensing authority. (p. 20.) [For the recommendations of the Minority Report, see p. 17 infra.]

GROCERS' LICENSES.

The proposal to restrict the "off" license to traders dealing exclusively in intoxicants would practically amount, in the