The Licensing Act 1872

The Licensing Act, 1872

The Licensing Act of 1872 proved to be a hugely unpopular piece of legislation, not only with licensees, but with the public in general, who viewed it as a piece of Government interference on their liberties.

In particular the Act saw enforced closing times in towns of midnight, and in country areas of 11 p.m., although magistrates had the power to shorten these hours, and even to declare boroughs to be “dry”, and also created the new offence of being drunk in public

One result of these new restrictions was that the public demonstrated their disdain for the new law in many areas, to almost riot levels, and Folkestone was not to be unheard in the voicing of opinion against the new legislation. Indeed, the magistrates of the borough were eventually persuaded to relax the somewhat severe closing times which they had originally imposed on the licensees.

The Folkestone Chronicle was to print several editorials against the Act and, as will be seen, saw this Act as just one step too far. 

Folkestone Chronicle 24-8-1872

Editorial

The Licensing Bill

No more unpopular measure than the Licensing Bill has of late years passed through the House of Commons. There is a widespread feeling among the people, and especially the working classes, that the operations of this Bill will bring in force a system on tyrannical espionage, which will eventually be unbearable. The new Act gives power to the magistrates to close all houses at nine or ten o`clock, and to allow none to be open later than twelve o`clock, but it is optional with the magistrates whether they shall enforce these regulations. In some towns the order has been given for houses to close at ten o`clock, much to the indignation of the inhabitants. Considering that many businessmen do not leave their shops, or the counting-house, until nearly ten o`clock, and that many working men ofttimes are employed up to that hour and beyond, it certainly is a great hardship that they should be debarred the relaxations of a public room at the bidding of local magistrates. This injustice is more apparent when we recollect that gentlemen of means, influence, and position, can pass the whole night, if they like, drinking at their clubs. The working classes are therefore under the impression that the Government has made “one law for the poor and another for the rich”, and this will be remembered against them when they make their next appeal to the country for support. If the Government suppose this Bill will check drunkenness we believe they will be grievously mistaken. The result will be that numerous clubs will be established, free from the jurisdiction of magistrates, many of which may become the resort of drunkards, and encourage all descriptions of vice and immorality. The Licensing Bill revives the day of the Curfew Bell, at the ringing of which all lights and fires were supposed to be extinguished, and people go to bed. In the 19^th Century, the Government, in passing this Bill, have vainly supposed that the English people have not advanced in enlightenment, that they are unequal to personal responsibility, and would thus restrict their liberty. At ten o`clock the policemen (whom we may compare to the curfew bell of olden time) is entitled to see that decent houses, frequented by respectable citizens, shall be closed to the public. No wonder riots have taken place at Maidstone, Canterbury, Exeter, Bradford, and other places. Englishmen will not subject to such legislation as this, and we confidently look forward to seeing this obnoxious measure repealed in the course of next session.

What is the course our local magistrates intend to adopt? The inconvenience and anger occasioned in Margate, Ramsgate, Maidstone, Dover, and other neighbouring towns, where the Act has been enforced, may be avoided in Folkestone, by an intimation from the Bench that matters may be allowed to go on in the same peaceable and orderly way as hitherto. If the magistrates are wise they will cast aside their own sentiments in this matter (if they are in favour of the Bill), and acknowledge public opinion. We understand that the Bench will make us acquainted with their intention at the next annual licensing day. If they do not wish to arouse the passions of the working people (who justly look upon this as a Law especially made for them, an insult, and a coercive legislative Act), they will let well alone, and not interfere with the hours of closing in any house, excepting those of disorderly or bad reputation. We are, however, hopefull that with the exception of such instances, common sense will teach the magistrates to leave things as they are. In this article we are not advocating the interests of publicans, but the right of citizens, who have been grossly outraged by this legislation. We are certain that it cannot long remain law, and the Bench will do wisely by taking as little notice of it as possible.
 

Folkestone Chronicle 31-8-1872

Annual Licensing Day

The Annual Brewster Licensing Day was held on Wednesday last at the Town Hall. The magistrates present were The Mayor, T. Caister, J. Tolputt, and J. Clarke Esqs.

The magistrates held a conference before the court was opened, when the new Licensing Bill was discussed. It was decided that the Act should be enforced, and each publican was informed by Superintendent Martin when he came up for his license, that henceforth he would be expected to close at 11 o`clock on weekdays, and 10 o`clock on Sundays.

Folkestone Express 31-8-1872

Wednesday, August 28^th: Before The Mayor, T. Caister, J. Tolputt and J. Clarke Esqs.

Brewster Sessions

The proceedings were of a routine nature and, contrary to expectations, no allusion was made by the Bench to the new Licensing Act.  There was not a single complaint against any licensed victualler or beerhouse keeper. The applicants had merely to pay their eight-and-sixpence each and, under the provisions of the new Act, give the names and owners of their respective houses, and receive their licenses. Each holder of a license was informed by Mr. Martin, Superintendent of Police, that he must close his house at eleven o`clock on working days and ten o`clock on Sunday nights, an announcement which did not cause any manifestation of feeling on the part of those whom it concerned.

Southeastern Gazette 3-9-1872

Annual Brewster Sessions

These sessions were held at the Town Hall on Wednesday last. The magistrates present were the Mayor, Alderman Tolputt, J. Clarke, Esq., and Alderman Caister.

The Bench intimated to the publicans that in future they would have to close at eleven o’clock on week days and on Sundays at ten o’clock.

Southeastern Gazette 10-9-1872

Local News

The Licensing Act

On Saturday evening a large crowd paraded the streets after the public houses had been closed, in order to show their distaste for the new Licensing Act. They first marched to the Pavilion, and demanded that the lights in that establishment should be put out. The demand was complied with, and the crowd, which must have mustered about 300, then went to the West Cliff Hotel and thence to the Albion. Here several panes of glass were broken, and the lamp over the door. A strong force of police arrived on the scene about one o’clock, and the crowd dispersed.

On Sunday evening about fifty special constables were called out, and were in waiting for any emergency at the Town Hall, as it was anticipated by the magistrates that renewed disturbances would take place. The Mayor, accompanied by the magistrates’ clerk, and a large staff of police constables, took up their stand in front of the Pavilion. A crowd, numbering about 200, assembled in front of this hotel about half-past eleven. Evidently no mischief was intended, as many had come out of curiosity to see what was going on, and very soon dispersed.

On Monday evening the riot of Saturday was renewed at this place. The police and waiters at the Pavilion were assaulted, and there was, for a considerable time, great uproar. The vigilance of the police, and the active, co-operation of civilians, soon quelled the disturbance, which has

not since been renewed.

Southeastern Gazette 17-9-1872

Local News

The New Licensing Act

A renewal of the late disturbances was anticipated on Saturday evening last, and a strong cordon of policemen was thrown across the road opposite the Pavilion Hotel. The police dispersed all persons congregating in the neighbourhood, and there was no disturbance, the example of Mercer having apparently had a salutary effect. On Sunday and Monday evenings the policemen were again stationed in the neighbourhood, but had no occasion to exercise their authority, the town having resumed its wonted quietude.

It is stated that the hours of closing will shortly be extended to half past eleven throughout the week, twelve on Saturday, and eleven on Sunday. 

Folkestone Chronicle 21-9-1872

Editorial

The Licensing Bill

The Licensing Bill passed by the present Government seems to be the most unpopular measure that of late years has emanated from the House Of Commons; and statesmen belonging to both parties have very freely expressed the opinion that it would be very unwise police for the magistracy of the county to inflict upon the people the stringent clauses of the Act. In many places the magistrates have recognised the wisdom of this advice, and have granted an extension of time. We understand that on Tuesday next, at the adjourned Sessions for granting licenses, an application will be made by the principal hotel keepers and most respectable publicans of Folkestone for the time of closing to be twelve on weekdays, and eleven on Sundays, instead of the present hours. We sincerely hope that the magistrates, for the convenience of the public, will be disposed to take this application into their favourable consideration. They must be aware by this time that the new Act is immensely unpopular with the people, who look upon it as something like an interference with their personal liberty. We are certain that by granting this boon the Bench will in no way be favouring drunkenness or dissipation, because they must recollect that the Act enables them to reduce the hours for closing in any house that is badly conducted, and after the offence is repeated to take away the license altogether. Thus, if the Act be properly worked, houses of low reputation, and which are a nuisance to the neighbourhoods in the midst of which they are situated will be gradually diminished, whilst places which are properly conducted will have those just privileges extended to them which have a right to claim. For the sake of public convenience we hope the magistrates will lend a favourable ear to the argumants that will be adduced in favour of this application. In a place like Folkestone there are amusements such as balls and entertainments, and servants kept out late, and others, have a right to refreshments although they would not come under the designation of travellers. There are also many respectable tradesmen and others who have been in the habit of frequenting certain public rooms, not for the purpose of dissipation, but for the relaxation of mind after the cares and toils of the day. Some of these do not leave business ofttimes until ten o`clock in the evening, and surely such feel it rather hard to be bound by an arbitrary law to repair to their homes exactly when the clock strikes eleven. The magistrates, we are sure, as men of common sense, will se that places such as we have mentioned deserve consideration, as they approach very much to “clubs”, where respectable men meet, and where the drunkard is looked upon with contempt. We think the Bench will also study the spirit of the law, which was to suppress drunkenness and houses of bad repute. We daily read, in the Parliamentary utterances of supporters of the present Government, that this alone was the design of the Ministry in bringing in the Licensing Bill; and that they therefore inserted those protecting clauses, granting the magistrates power to extend the hours. By taking this view of the question the magistrates will be consulting the wishes of a large body of peaceable and respectable citizens, upon whom the present regulations press with unnecessary severity; and at the same time they will be adopting what should be the true meaning of the Act.

Folkestone Chronicle 28-9-1872

Public Notice:

The Licensing Act 1872

At an adjournment of the General Annual Licensing Meeting, holden at the Town Hall, in the Borough of Folkestone, in the County of Kent, on Wednesday, the 25^th day of September, 1872, for the Borough of Folkestone,

We, the undersigned, four of Her Majesty`s Justices of the Peace for the Borough of Folkestone, and being the majority of the Licensing Justices at the said Meeting assembled (due notice of such Meeting, and the alteration of the closing hours named in “The Licensing Act, 1872”, would be then considered, having been given in the manner prescribed by the Act of the 9^th Year of George IV, c. 61, twenty one days at least before this Special Session), do hereby, in pursuance of “The Licensing Act, 1872”, order and direct, that at the expiration of one calendar month after the date of this Order, all premises, situate within the said Borough, on which intoxicating liquors are sold, or exposed for sale by retail, shall (instead of the closing hours named in the last mentioned Act) be closed as follows: that is to say, ON ALL DAYS EXCEPT SUNDAY, CHRISTMAS DAY AND GOOD FRIDAY, BEFORE THE HOUR OF FIVE IN THE MORNING, AND AFTER THE HOUR OF TWELVE AT NIGHT.

Given under our hands and seals, on the day and at the place first above mentioned.

(Signed)                                   

JOHN HOAD (MAYOR)

WM. BATEMAN

JAMES TOLPUTT

THOMAS CAISTER (EX MAYOR)

TAKE NOTICE

The above order does not apply to Beer-Houses, which had on the 10^th August, 1872, certificates under the Wine and Beerhouse Acts, 1869, 1870.

These Houses must not be open on Sunday, Christmas Day, and Good Friday, after 10 p.m., or on other days after 11 p.m.
 

Folkestone Express 28-9-1872

Wednesday, September 25^th: Before The Mayor, Col. De Crespigny, T. Caister, J. Clarke and W. Bateman Esqs.

A memorial, containing about 70 signatures of ratepayers of the borough, praying for an extension of the hours for opening and closing of public houses was presented by the Licensed Victuallers of Folkestone.

Messrs. Medhurst, Wedderburn, Page, Hunt and Carpenter briefly addressed the Bench in support of the memorial.

The Court was cleared to allow the Bench to discuss the application privately, and on the admission of the public the Mayor said that after careful consideration the Bench had decided to extend the time of opening and closing from five in the morning to twelve at night, except on Sundays and holidays, when the houses must be closed at eleven p.m. This alteration to come into operation in a month from the time of making the order, and not to extend to beerhouses, which will remain under the same regulations as before.

Southeastern Gazette 1-10-1872

Local News

The Licensing Act

Extension of Hours. The magistrates of Folkestone held their adjourned licensing meeting on Wednesday, when memorials in favour of an extension of the hours of closing were presented. After hearing the arguments of several hotel proprietors, the magistrates decided to allow the houses to open from five a.m. until twelve p.m. on week days, the time on Sundays to remain the same. The new state of things will not come into effect for one month. The alteration in the time does not apply to beer-houses.