CHAPTER XL. T H E M E L B O U R N E INN-KEEPERS A N D T H E LICENSING MAGISTRATES.
SYNOPSIS:—The Early Liquor Laws.-The First Hotel—•"Johnny" Fawkncr, the First Grog Monopolist. - The Fawkncrian Dicta.—Demolition of Fawkner's Groggery.—Fawkner's Second Hotel.— Locale of Fawkner's First Newspaper.—Melbourne Hotels.—Synopsis of the Licensing Law. — "Sticking Plasters."—The Counter Lunch. — The Dead House.—Halfpenny, the First Whisky-seller.—Melbourne Hotels in 1S40-42.—" John Barleycorn."—Licensing Bench Vagaries. — Official Corruption. — The Pressman bribes the Major.— Vale Major St. John.—Panegyric on the Licensed Victuallers.
'HERE is, perhaps, no more amusing, though intricate study, than an investigation of the primitive legalized grog-selling in N e w South Wales, of which, when a penal colony, Port Phillip was a part and parcel. T h efirstnotification is contained in the Sydney Gazette, and dated " Government House, 1 st October, 1800." Under this no person was allowed to sell spirituous liquors, and any person landing spirits or wines from any ship without a written permit from the Governor, was subject to the pains and penalties of selling without a license. O n the 27th October an Order was issued authorizing the Magistrates to recommend persons suitable to hold annual licenses, and on the 1st November gambling and drunkenness were prohibited in public-houses, and no liquor could be sold between the drummer's evening "tattoo" and the next day's sunlight. O n the ioth April, 1801, an Ordinance was promulgated commanding public-houses not to open on Sundays from dawn of day until 9 p.m. Subsequently annual licenses were granted from the 1st November by the Justices, when a publican was bound in recognizances as to good behaviour of two bailmen of ,£10 each, and himself in ,£20. A n y unlicensed grog-vendor incurred not only fine and imprisonment, and a forfeiture of his stock-in-trade, but the house could be pulled down about his ears. B y an Act passed on the 8th February, 1825, by the Govemor-in-Council, no person could sell malt, spirituous, or fermented liquors, in less quantities than five gallons, without a license, grantable by the Justices in Quarter Sessions, and not valid unless approved by the Justice residing nearest to the house to be licensed. T h e applicant should also be provided with certificates of recommendation from the Minister of the Church of England, should there be one officiating in the district, the Chief-Constable, and three respectable householders. This worked so inconveniently that it was soon repealed. It is an almost incredible fact that in that barbarous age the British currency was ignored in the licensing system, as 100 dollars formed the premium for a spirits and beer license, and 20 dollars for the beer privilege singly. By an Act, 7 George IV., No. 2 (20th February, 1826), the publican's general license was charged ^ 2 5 per annum, and the Governor was empowered to determine the number of licenses to be granted in each town ; and by Clause 15 it enacted " That whenever a Coroner's Jury shall find that a death has been caused by intoxication in a public-house, the keeper of such house shall be deemed from the date of such finding to be unlicensed, and no new license shall be granted to him." In October, 1835, the law was amended, authorizing one qualified Justice to grant licenses. Such was the state of the Licensing law in 1836, when the " Settlement," n o w known as Melbourne began gradually to expand, and that unvarying concomitant of civilization, a public-house, became not only a desideratum, but a necessary evil. T ofillthe vacuum the inevitable " Johnny " Fawk'ner was prepared to offer his services ; but the difficulty was h o w to obtain a license. T h e Police Magistrate (Captain Lonsdale), a timid martinet, unwilling to risk any consequences he could not foresee, was reluctant to'grant the Magisterial certificate upon which a license could issue from the Sydney Treasury : and even had he done so there was a difficulty which absolutely rendered the issue of a publican's license a legal
