The Licensing Act 1872 (35 & 36 Vict. c. 94) is an act of the Parliament of the United Kingdom that enacted various regulations and offences relating to alcohol, particularly licensing of premises.
restricted the closing times in public houses to midnight in towns and 11 o'clock in country areas.
regulated the content of beer – one of the most common practices was to add salt to the beer, which increased thirst and therefore sales as well.
said that licensing hours were to be determined by local authorities.
gave boroughs the option of becoming completely 'dry' i.e. banning all alcohol.
These policies were enforced by the police.
It was an unpopular act for the working classes and there were a number of near riots when police tried to enforce closing hours. Brewers resented what they saw as an attack on their independence and profits; others disliked the act because it interfered with personal liberty.
The bill was committed to a Committee of the Whole House,[4] which met on 10 May 1872,[6] with amendments.[4] During debate, a proposed amendment to establish special public house inspectors was rejected, but amendments to remove the Home Secretary's veto power over new licenses and reduce the severity of enforcement were accepted.[6]
The committee met again on 10 June 1872 and reported on 10 June 1872, with amendments.[4] The amended bill had its third reading in the House of Lords on 13 June 1872 and passed, without amendments.[4]
The bill had its first reading in the House of Commons on 17 June 1872.[8] The bill had its second reading in the House of Commons on 11 July 1872 and was committed to a committee of the whole house,[8] which met on 23 July 1872, 26 July 1872, 27 July 1872, 2 August 1872 (twice)[9][10] and 5 August 1872,[11] and reported on 5 August 1872, with amendments.[8] The third reading of the bill was adjourned on 6 August 1872 due to insufficient time to review changes resulting from the increase size of the bill from 62 to 87 clauses.[12] The amended bill had its third reading in the House of Commons on 7 August 1872 and passed, with amendments.[8] During debate, the Home Secretary, Henry BruceMP defended the bill as moderate reform rather than prohibition.[13]
The amended bill was considered by the House of Lords on 8 August 1872 and agreed to, with the exception of an amendment to the repeals of one of the acts listed in the second schedule to the act.[4] The Earl of Kimberley noted that the amendments were numerous but mostly made bill less stringent, and peers expressed their optimism that the bill would reduce drunkenness.[14] The House of Commons reported on 8 August 1872 that they did not insist on that amendment.[8]
Section 26 of the act repealed 24 enactments, listed in the second schedule to the act.[15] Section 26 of the act also included safeguards to preserve any security given, anything duly done, any rights acquired or liabilities accrued, any removal of a license or certificate in pursuance of the section 2 of the Intoxicating Liquors (Licences Suspension) Act 1871 (34 & 35 Vict. c. 88), any penalty forfeiture or punishment incurred, to be incurred or under investigation. Section 26 of the act also provided that notices under the Gaming Act 1845 (8 & 9 Vict. c. 109) were to be those deemed by this act, and that offences under that act be offences under the act.
An Act to regulate the granting of licenses to keepers of inns, alehouses, and victualling houses in England.
Section six; section ten; section eleven; so much of section thirteen as relates to the form of license; sections eighteen and nineteen; section twenty; section twenty-one; section twenty-two; section twenty-three; section twenty-six; also section twenty-seven; section twenty-eight; section twenty-nine, except in so far as the three last-mentioned sections relate to the renewal of licenses or to the transfer of licenses under sections four and fourteen of the same Act; also section thirty-one; section thirty-three; section thirty-four.
An Act to amend an Act passed in the first year of His present Majesty to permit the general sale of beer and cider by retail in England.
Section four; section seven; section ten; so much of section eleven as incorporates or applies any repealed enactment; section eighteen; section twenty-two.
An Act to amend the Acts relating to the general sale of beer and cider by retail in England.
Section ten; section thirteen; section fifteen; section sixteen; section seventeen; section twenty-one as incorporates or applies any repealed enactment; also so much of section forty-two.
An Act to repeal the Act of the seventeenth and eighteenth years of the reign of Her present Majesty for further regulating the sale of beer and other liquors on the Lord's Day, and to substitute other provisions in lieu thereof.
An Act for granting to Her Majesty certain duties on wine licenses and refreshment houses, and for regulating the licensing of refreshment houses and the granting of wine licenses.
Section five; section seventeen; section twenty; section twenty-six; section twenty-seven; section twenty-eight; section twenty-nine; section thirty-one; also sections eighteen, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, forty-one, and forty-two, so far as such sections relate to the sale of intoxicating liquors or any offences connected therewith; also section thirty-nine; section forty.
An Act to grant duties of excise on chicory and on licenses to dealers in sweets or made wines, also to reduce the excise duty on hops and the period of credit allowed for payment of the duty on malt and hops respectively; to repeal the exemption from license duty of persons dealing in foreign wine and spirits in bond, and to amend the laws relating to the excise.
An Act for further regulating the closing of public houses and refreshment houses within the metropolitan police district, the city of London, certain corporate boroughs, and other places.
The whole Act, except in so far as it relates to refreshment houses in which intoxicating liquors are not sold.
An Act to amend the law relating to the licensing beerhouses, and to make certain alterations with respect to the sale by retail of beer, cider, and wine.
So much of section six as relates to the form of certificate; section twelve; section thirteen; section fourteen; section fifteen; section sixteen; section seventeen; section eighteen; section nineteen as relates to offences; section twenty-two.
An Act to amend "The Wine and Beerhouse Act Amendment Act, 1869."
Section six; section seven, from "the second and third provisoes" to the end of section; section eight; section nine; section twelve; section thirteen; section fifteen; section seventeen.
An Act to restrict during a limited time the grant by justices of the peace of new licenses and certificates for the sale of intoxicating liquors by retail, and for other purposes.
In 1884, offences under the act were considered in the case Cundy v Le Cocq.[17] The defendant was convicted of unlawfully selling alcohol to an intoxicated person under the Licensing Act. On appeal, the defendant contended that he had been unaware of the customer's drunkenness and thus should be acquitted. The court held that knowledge was irrelevant — the question was whether a reasonable dispenser of the last drink sold would have realised the customer was clearly intoxicated.
^ abcdefghiLords, Great Britain Parliament House of (1872). Journals of the House of Lords. Vol. 104. H.M. Stationery Office. pp. 163, 247, 251, 288–293, 317, 305, 324, 328, 334–338, 346, 362, 730–740, 748, 808.
^ abcdeCommons, Great Britain House of (1872). The Journals of the House of Commons(PDF). Vol. 127. pp. 268, 276, 307, 310, 322, 338, 345, 363, 373, 376–377, 386–387, 390, 394, 400, 405, 308, 415, 417, 423, 426, 427, 433, 438. Retrieved 29 October 2024.
^Great Britain. The Public general statutes. Harvard University. London : Printed by Eyre and Spottiswoode at the Queen's Print. Office. pp. 681–727.
^Ilbert, Courtenay (1901). Legislative methods and forms. University of California Libraries. Oxford : Clarendon Press; London and New York, H. Frowde. pp. 72–73.
