The Police and the Law
| DOI | 10.1177/0032258X4702000403 |
| Date | 01 October 1947 |
| Published date | 01 October 1947 |
| Subject Matter | Article |
THE
POLICE
AND
THE
LAW 247
for where there is a new grant coupled with the surrender of one or
more unwanted licences, the monopoly value of that which is sur-
rendered may be offset against the monopoly value of the new premises.
Similarly, the Police have often noticed how a licence has been
encumbered with conditions which have become redundant in modern
days,
but
which are attached so firmly that the law has made no pro-
vision for their being avoided.
For
instance, conditions that there
shall be no "
bar";
that there shall be no opening into a certain street;
that intoxicating liquor shall be sold on six days only, and the like.
Police officers will have met cases where the licensee, the Police and all
others whose concern it is to administer the licensing laws effectively,
were anxious to be rid of conditions which have become out of date,
but
were confronted with the insurmountable difficulty that the only
method available was the surrender of the licence and the grant of a
new one freed from the offending condition.
In
practice, such a step
has been virtually impossible, for it has been unreasonable to expect
a licence holder to throwaway an existing monopoly on the payment of
the full value of a new one.
The
new section will be of great assistance
in such cases.
In
future the monopoly value of the old licence need not
be lost,
but
may be set-off against the monopoly value of any new
grant, even in respect of the same premises,
but
different in the respect
that the redundant condition is removed.
It
is anticipated that such
applications will be frequent.
The
licensee who has been driven to
subterfuge by an out-of-date condition such as that he shall serve
drinks only with a meal at premises which have completely changed
their character since the new arterial road was constructed to pass his
front door, is enabled to surrender his licence and obtain a new one
freed from the restrictive conditions, and may be expected willingly
to pay the difference between the old monopoly value and the new.
The
old law operated to retard such natural development.
The Police and the Law
DISMISSAL
WITHOUT
RESORT TO
DISCIPLINARY
PROCEDURE
IN the recent action of
Hogg
v. Scott
(III
J.P. 282) the plaintiff, a
police-constable in the Metropolitan Police, claimed against the
defendant, the Commissioner of Metropolitan Police, a declaration
that he was entitled to the rank of inspector and to the emoluments and
privileges attaching to that rank, and to be treated accordingly for
pensions purposes; the plaintiff had been dismissed the Force on his
conviction on three charges of theft, and subsequently reinstated as a
constable.
The
action failed and the judgment brings out very clearly
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