Liquor Licensing

The manufacture and sale of ale and other spiritous liquors in medieval burghs was supervised by burgh officials, often known as ‘ale-tasters’, and by the brewers themselves, who in large burghs would be organised into Incorporations of Maltmen or Brewers. Individuals outside the craft were forbidden from making malt, and by extension, brewing or distilling. In this way quality standards and entry into the craft were controlled. The town council would fix prices annually. The modern system of licensing is a much later development, imported from England in the mid-18th century.

In counties the Justices of the Peace (JPs) probably had a right to control the retailing of ale and spirits but seem only to have taken action after the passing of the Alehouses Act 1756.[1] Even then the clerk often issued licences to the justices without any process of examination into the fitness of the applicant. Licensing in its modern form dates largely from 1808 with the introduction of half-yearly meetings at which JPs in counties and magistrates in royal burghs granted licensing certificates.[2] Such a certificate was a necessary precondition to the grant of a licence by the Commissioners of Excise. To retail liquor without a licence was a criminal offence.

Legislation in the 19^th century aimed at ever-stricter controls, including the reduction of opening hours. By the end of the century repeated minor amendments had led to an urgent need for codification, which was met by the Licensing (Scotland) Act 1903.[3] This established licensing courts in counties and in royal, parliamentary and police burghs (with population qualifications) and introduced further controls, including a requirement to deposit plans of licensed premises with the licensing courts, and the regulation of licensed clubs. The working of the licensing authorities continued to be affected by the temperance movement. The Temperance (Scotland) Act 1913 introduced the so-called ‘veto poll’, enabling electors in a local area to have it declared ‘dry’, and to ban any licensed premises within its boundaries.[4] The First World War brought further restrictions on opening hours, made permanent shortly afterwards.[5] Throughout this period the licensing system itself remained largely unchanged. Licensing courts in burghs and counties were held twice a year, with an appeal to licensing appeal courts consisting partly of JPs and partly of councillors.

The Licensing (Scotland) Act 1976 replaced the licensing courts with licensing boards for each district or islands council area (for each council area after 1996) or for separate divisions within them. Appeal is now to the sheriff and thereafter to the Court of Session.[6]

Records of burgh licensing courts and of licensing boards are mainly held by local authority archives services. Justices of the Peace Licensing Court records are held by the National Records of Scotland (NRS) or by some local authority archives services under a charge and superintendence agreement (reference code JP).  Scottish Office files on licencing, the development of licencing and temperance legislation, the Royal Commission on Licensing and various departmental inquiries are held by the National Records of Scotland (reference codes HH1, HH42 and HH43).

Compilers: SCAN contributors (2000).

Bibliography

The Laws of Scotland: The Stair Memorial Encyclopaedia 2^nd re-issue (Butterworths, 2023)

Cummins, J. C., Licensing Law in Scotland 2^nd edition (Butterworths/Law Society of Scotland, 2000)

Donnachie, Ian L., A History of the Brewing Industry in Scotland (John Donald, 1979)

Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)

 

References

[1] Alehouses Act 1756 (29 Geo. II c.12).

[2] Duties on Certain Licenses Act 1808 (48 Geo. III c.143); Licensing (Scotland) Act 1828 (9 Geo. IV c.58).

[3] Licensing (Scotland) Act 1903 (3 Edw. VII c.25).

[4] Temperance (Scotland) Act 1913 (3 & 4 Geo. V c.33).

[5] Licensing Act 1921 (11 & 12 Geo. V c.42).

[6] Licensing (Scotland) Act 1976 (c.66).