Final report of Her Majesty's Commissioners appointed to inquire into the operation and administration of the laws relating to the sale of intoxicating liquors.

  • Great Britain. Royal Commission on the Liquor Licensing Laws.
Date:
1899
Catalogue details

Licence: Public Domain Mark

Credit: Final report of Her Majesty's Commissioners appointed to inquire into the operation and administration of the laws relating to the sale of intoxicating liquors. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

    26/406 (page 8)
    alone ; in Lancashire and Yorkshire the tied-tenant system is a development of the last 20 years, and the tie extends from that for common beer alone to that, in exceptional cases, for all beers, spirits, wines, mineral waters, and tobacco ; in the Midlands the majority are tied for beer, wines, and spirits; while in the South, West, and East of England, and in Wales, the tic is for beers only, 50 per cent. ; for beer, wines, and spirits, 20 per cent. ; and in 10 per cent, it is extended further to mineral waters and tobacco, and in certain counties to cider. Sometimes the tenant pays for the goodwill, sometimes only for fixtures; sometimes he is charged more for his beer than a free tenant, sometimes the same. Then, again, there is the manager system, when the ostensible licensee is merely a servant in the house, paying no rent, but receiving a wage, and selling his master's goods as directed. The difference between a manager and a tied tenant is often imperceptible, and the one shades off' into the other when the rent is nominal. (iv.) Practice of the Justices. Witnesses differ very much in their opinion of the system. Some regard it as advantageous from the public point of view, and natural for the man of small capital; others are apprehensive of it, as contrary to the spirit of the licensing laws, which were intended to bring the justices into direct communication with the licensee, and invest them with large powers of control. They fear the effect of minimising the importance of the licensee, and of allowing the substantially interested party, who is not immediately responsible to the licensing authority, to control the business. In some parts of the country justices have insisted on knowing the terms of agreement between the landlord and tenant, in order to ensure that the latter, without being unduly interfered with by his landlord, has a sufficient interest, and tenure, to enable him to fulfil the obligation laid upon him. In other parts of the country, the justices do not regard it in the same light, and are indifferent to what may be the business relations of the applicant, or what contracts he may have entered into with others. They only require that the applicant shall appear before them, and that his credentials as to character shall be satisfactory, and that he shall conduct his business in a legal and orderly manner. With regard to managers the opinions and practice of justices differ, as in the case of tied tenants. Some justices refuse to license a manager, and insist upon some proof of the applicant's independence. This has given rise to the production of what have been termed bogus agreements, that is a tenancy agreement granted, and entered into, for the purpose of satisfying the justices, though it may be understood that neither party is likely to enforce the conditions against the other. On the other hand, some justices and many witnesses see no objection to managers so long as they are men of good character, and consider that the guarantees for the good conduct of the licensee are rather increased than otherwise by the fact that he has over him some principal who can be made to suffer the highest penalty, if the license should be endangered by misconduct. A manager is thus a selected man ; an . ordinary tenant presents himself in the way of business. (v.) Summary. The extension of the tied-house system lends peculiar importance to the inquiry whether its results are good or bad. The evidence produced before us, in our judgment, shows that under a good and careful brewer it may operate advantageously, and produce excellent results. On the other hand, it is no doubt true that under less satisfactory conditions the tie may have a contrary effect. Witnesses representative of the retail trade who came before us freely pointed out benefits conferred by the system, as, for example, that it allowed suitable men to enter the trade who would otherwise be debarred by want of capital. The fact also that tied tenants often hold these houses in succession from father to son, and that a satisfactory living is made, proves that it works well as regards the licensee. Still cases of hardship may, and, no doubt, occasionally do occur, and the full tie, namely, that for all articles sold, especially when excessive prices are charged to the publican, is viewed by the retail witnesses with disfavour. Under the system as it prevails outside the Metropolitan area higher prices are frequently charged for beer to tied tenants than to those who hold free houses; but