The Open University
Yorkshire Region

Cultural Studies Research Forum
Reports and Abstracts 1995 -2000

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'Grasping a nettle': the origins and results of the 1904 Licensing Act

Paul Jennings

The nettle to be grasped - the phrase being that of historian R. C. K. Ensor- was whether or not brewers and publicans should be compensated for the withdrawal of their licences if this was done on the grounds of redundancy rather than misconduct. This contribution looked at the origins of the compensation issue, the implacable opposition to it of temperance campaigners, through the decision of the House of Lords in 1891 confirming that licences were for one year only and could indeed be withheld, down to the 1904 Act itself. That legislation confirmed that licences could be withdrawn on the grounds that they were no longer necessary, but acknowledged the reality that they were a form of property and thus merited compensation. That compensation, however, was to come from a levy on the owners of licensed premises, chiefly brewing companies. The result of the Act was a reduction within fifteen years of some 12.5 per cent of the existing stock of public houses, a significant fall, but one less than anticipated. The reason for that was essentially one of finance, in that the levels of compensation awarded exceeded the ability of the levy to fund them.

This contribution, which was presented as a case study in policy formulation and administration, arose from my current research into the history of liquor licensing in England in the nineteenth century and up to, and including, the First World War.