Scotland in the nineteenth century

8. Health and living conditions

Section 8.1: Alcoholism

"appointed to enquire into the extent, causes and consequences of the prevailing vice of intoxication among the labouring classes of the United Kingdom in order to ascertain whether any legislative means can be devised to prevent the further spread of so great a national evil..."

Although drunkenness was declining among the upper and middle class the labouring classes had come to mix drinking with every important event in their lives. This had been encouraged by an increase in the places selling drink to the proportion of about one to every twenty families, and a trend towards selling spirits in smaller quantities.

The Scottish evidence was given by John Dunlop (pp. 394-415) the author of Drinking useages of North Britain, William Collins (pp. 136-150 and 165-171) and William Murray (pp. 238-243).

Collins, a bookseller in Glasgow, thought that the drinking of spirits had doubled since 1830 when the duty had been reduced. Although he thought illicit distilling had been reduced, justices' licences indicated one in every fourteen families was a dealer in spirits. He linked drunkenness not to a labourer's wages but to his profession, and he singled out cotton-spinners, who could earn up to two guineas a week, as heavy drinkers.

William Murray, a Glasgow iron and coal master, considered that drunkenness was increasing among those labourers earning less than 20s. a week. He thought that education and a taste for reading was the best cure but was concerned that urban education was not keeping pace with the growing urban population. At his works 2d. was taken from the men to go towards providing a school for their children and pay-time was moved forward on a Saturday to allow provisions to be bought for the weekend.

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"appointed to examine into the system under which public-houses, hotels, beer shops, dancing saloons, coffee houses, theatres, temperance hotels and places of public entertainment, by whatever name they may be called, are sanctioned and are now regulated..."

J. Wood, chairman of the Inland Revenue, in giving evidence, pointed out the difference between England and Scotland with regards to the sale of spirits. In Scotland it was quite common for a grocer to hold a spirits licence although this was rare in England. A movement was underway to reduce the ability of the working class to acquire spirits. In shops people were tempted to buy drams or very small amounts of spirits while buying other goods. Women going to a grocers shop were found to take any change as a dram.

Statistics compiled for the report on the convictions for drunkenness as a percentage of the population indicated that in Dublin it was 1 in 21, Glasgow 1 in 22, Edinburgh 1 in 59, Liverpool 1 in 91, London 1 in 106, Birmingham 1 in 313 and Manchester 1 in 600.

In Dublin, Glasgow and Edinburgh, the cities with the largest incidence of drunkenness, it was found the least control was exercised on licensing. Manchester, in comparison, had the largest population, issued the smallest number of licences and had the smallest number of prosecutions for drunkenness. The same comparison was also done for eight other Scottish towns.

The return gives statistics for drunkenness over the previous six years based on the number of cases in Scottish towns. The figures are divided into those found drunk, and disorderly and, if found to be drunk, then arrested for committing other crimes.

"To enquire into the best plan for the control and management of habitual drunkards."

The Committee noted the inadequacy of existing laws. There should be fresh legislation. Drunkenness was increasing in large towns, as a result of higher wages and shorter hours of labour. Small fines and short imprisonments were useless. Legal control of the habitual inebriate, either in a reformatory or in a private dwelling was recommended, in the belief that many cases of death, resulting from intoxication, including suicides and homicides, might thus be prevented.

The committee recommended that fines for drunkenness should be increased and should be recorded against the individual in a Drunkards Register.

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Scottish evidence

1. Dr. David Skae, Physician to the Royal Edinburgh Asylum, reported that in Scotland there existed the principle of providing curatorship for the insane, derived from old civil law. Dr. Skae recommended that this principle should be applied to drunkards who required confinement in order that their property might be saved.
2. Dr. Alexander Peddie, Physician, Edinburgh reported that there was a great deal of drunkenness in Edinburgh, which was mainly confined to the working class. He refuted the suggestion that this would be attributed to the fact that Edinburgh was badly supplied with pure water.

There was a provision in the Lunacy Acts Amendments Act, 1862 which enabled patients to enter asylums voluntarily.

Dr. William MacGill, Surgeon of the Police Force of the City of Glasgow, described injuries caused by intoxication and the effect on the homes and families of inebriates which he had witnessed. He advocated the confinement of inebriates in reformatories or asylums. He also recommended a reduction in the number of public houses, stricter regulation of drinking hours and stricter supervision.

Appendix No. 2: Paper handed in by Mr. Nelson include a return showing the number of ladies residing in Queensberry Lodge, Edinburgh 1866-1872 and the forms of application for admission.

Appendix No. 3: Paper handed in by Dr. Alexander Peddie: suggestions for legislation in Scotland for habitual drunkards.

Appendix No. 5: Papers handed in by Dr. Alexander Peddie include: return showing the number of prisoners committed to the county prison of Perth for crimes they have committed owing to intemperate habits for the last 4 years, ending 31st December 1871, showing previous committals for the same offence. Table showing the number of persons apprehended or cited by the police of Perth 1st August 1861 to 1st August 1871, and the number in a state of intoxication at the time the offence was committed.

"for the purpose of inquiring into the laws regulating the sale and consumption of excisable liquors sold not for the consumption on the premises in Scotland, and to report whether, in their opinion, any alterations, and if any, what alterations ought to be made in the said laws."

The Commissioners considered whether the combination of the grocers' trade and the sale of spirits was objectionable and had an injurious effect. Many policemen who gave evidence said that the Public Houses Acts Amendment (Scotland) Act, 1862, which prohibited licensed grocers from selling drink on Sundays or except between 8am and 11pm on other days, was frequently evaded. The licensed grocers who gave evidence, however, denied the imputations cast upon them and stressed the convenience to customers of being able to buy groceries and drink at the same shop.

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Considering the separation of the two trades, the Commissioners stated that "it is to be expected that the influences of education, and a healthy moral tone in the community, fostered by religion and civilisation, will be more effectual than restrictive legislation in leading to improved habits of decency and moderation". They did, however, make a number of recommendations. They thought that fewer people should be granted grocers' licences and the licence duty ought to be increased.

They recommended that two rather than three convictions of breach of certificate should result in forfeiture of licence. They thought the principle of fixing a minimum rent for licensed grocers' premises should be established in Scotland according to the value of the property in the surrounding district or according to the population of the district. This principle had first been established in the Licensing Act, 1872. The provision of the Licensing Acts of 1872 and 1874 gave the police the power to enter licensed premises at any time. The Commissioners recommended that these provisions should be extended to Scotland. The premises of licensed grocers were often obscured from view, so the Commissioners thought that regulations concerning entrances, screening, etc. in licensed premises should he drawn up. The provisions of the Licensing Act, 1872 concerning drinking near the premises, should also be applied to Scotland.

The Commissioner recommended that all spirits on licensed premises should be kept in scaled bottles or jars, the entry of spirits in any account under any other name should be considered a breach of certificate and anyone found consuming drink on unlicensed premises should be subject to penalties as well as the grocer. Licensed grocers should only be, allowed to have their premises open between 8am and 8pm, and until 10pm on Saturdays with the consent of the licensing magistrates. No sale or delivery of spirits to a child under 14 should be allowed. They recommended the penalty of 5 shillings for being found drunk and incapable should be increased. Finally the Commissioners suggested that the conditions of certificate should be printed over the door of every licensed grocer.

Appendix: Return from the police as to the number of licensed and unlicensed grocers, convictions for breach of certificate, the number found drunk and incapable, etc.

"appointed for the purpose of inquiring into the prevalence of habits of intemperance, and into the manner in which those habits have been affected by recent legislation, and other causes..."

Witnesses from Ayrshire, Berwickshire, Haddingtonshire, Dumfriesshire, Dundee, Edinburgh, Fife, Glasgow, Kilmarnock, Ross and Fraserburgh gave evidence on the licensing, shebeens and drunkenness. Licences were granted by the county justices and in burghs by the magistrates. Licensing was regulated in Scotland by the Licensing Act (Scotland), 1828, sometimes known as the Home Drummond Act, 1828, the Licensing Act (Scotland), 1853 or the Forbes-Mackenzie Act, 1853, the Public Houses Amendment (Scotland) Act, 1862, the Publicans Certificates (Scotland) Act, 1876 or Cameron's Act, 1876 and the Licensing Acts of 1872 and 1874.

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The Public Houses Amendment (Scotland) Act, 1862 was specially directed against shebeens. A clause in the Glasgow Police Act, 1866 stated that any one found in shebeens could be apprehended and fined. Many witnesses thought that the powers of the police against shebeens should be extended.

Occasional licenses were granted for farm sales, balls etc. These were often abused at New Year and on Handsell Monday. It was claimed that intemperance had generally increased thoughout Scotland, with the increase in wages, shorter hours of labour and the effects of bad housing. Josiah Livingstone, a justice of the peace in Edinburgh said: "I consider that it is a matter of very great regret that the increase of money in the hands of the working class should have led to so considerable an increase in the consumption of a commodity, which, certainly when taken to excess, is productive of harm and of no good".

Many witnesses suggested methods of dealing with this increased drunkenness. Robert Tindall, magistrate for Fraserburgh, was in favour of a reduction in the number of public houses. He said that in St. Combs and other fishing villages on the east coast, "public houses have disappeared, breaches of the peace are almost unknown, whilst the general comfort, morality, and happiness of the people are immeasurably increased". The fishermen no longer drank spirits at sea, but tea and coffee. Other witnesses claimed that more people from the working classes were investing their money in savings banks and building societies rather than spending it on drink.

The appendices included statistics of the number of public houses, hotels, shebeens, grocers' licences, and the number apprehended for being "drunk and incapable" or charged with 'disorderly conduct' in Edinburgh, Glasgow, Kilmarnock, Haddington, Berwick and Ayrshire.

"for the purpose of inquiring into the prevalence of habits of intemperance, and into the manner in which those habits have been affected by recent legislation and other causes."

The Committee stated the main alterations which had been affected in the licensing law by the Wine and Beerhouse Act, 1869 and the Licensing Acts of 1872 and 1874. These drew an important distinction between the licences to sell for consumption "on the premises" and those to sell for consumption "off the premises". Magistrates could refuse to grant the former without assigning any reason. The Licensing Act, 1872 made some very important alterations in the systems of granting licences, imposing further restrictions. The concurrence of two authorities and a qualification of annual value were necessary for the grant of a new public-house licence. The qualification already existing in the case of beer-houses was considerably raised and new provisions for closing hours were drawn up. The Licensing Act, 1874, however, repealed these provisions.

In Scotland the licensing law differed from that of England. The Forbes-Mackenzie Act, 1853 created three classes of licensed houses:

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1. Hotels or inns which must have at least four bedrooms for the accommodation of travellers.
2. Public houses.
3. Licences to sell intoxicating liquors for consumption off the premises commonly called "grocer" licences.

All these licences were subject to the magistrates' control. Since the passing of the Publicans' Certificates (Scotland) Act, 1876, licences had to be granted by one authority and confirmed by another, as in England. All licensed houses in Scotland were closed on Sundays, except hotels in which intoxicating liquor could be sold to lodgers and travellers. Some witnesses believed that intemperance had increased in Glasgow. Baillie Lewis, however, said the consumption of spirits in Scotland was increasing:

In 1853 the consumption was 7,437,462 gallons
In 1871 the consumption was 6,339,764 gallons
In 1877 the consumption was 8,119,908 gallons.

These figures showed that after 1853 the consumption of spirits decreased considerably but it had recently increased to the same amount per head, i.e. two and a quarter gallons, as it reached before 1853. In Edinburgh, the number of apprehensions of the drunk and incapable increased from 5,400 in 1871 to 7,733 in 1877, i.e. 33 per cent, the population having increased 5 per cent. In other places, except Dumfries, the number of apprehensions had not increased to any great extent but it was generally thought that there was more drunkenness than there had been ten years previously. The number of apprehensions of women was increasing, especially in London, Liverpool, Manchester and Edinburgh. Arrests of women rose from 2,124 in 1871 to 3,048 in 1877, which was an increase of 43.5 per cent.

The Committee concluded that drunkenness had not increased to any extent in the rural districts of England, Scotland and Ireland. Intemperance, however, had increased in large towns and mining districts of the north of England and south of Scotland since 1868. This increase was blamed on the rapid rise of wages, the greater number of holidays enjoyed by the working classes and the overcrowded state of their houses. Apprehensions among women were confined to the poorest and least educated sector of the community.

The attention of the Committee was directed to various schemes for the alteration of the licensing laws:

1. Free licensing
2. The Permissive Prohibitry Liquor Bill
3. The Gothenburn System
4. Mr. Chamberlain's scheme
5. Licensing boards.

The Committee received much evidence concerning grocers' licences which were authorised by the Revenue Act, 1861, until the Licensing Act,1872.

The Committee made a number of recommendations specifically for Scotland. The penalty for drunkenness in Scotland only amounted to a fine of 5 shillings or 24 hours detention, however many times a drunkard may have been convicted. There were no progressive penalties as in England. Mr. Linton and others recommended that the law of Scotland should be assimilated to that of England. The Committee agreed and also suggested that publicans should be made liable to punishment for harbouring thieves and prostitutes, as they were in England and they also recommended that in Scotland and Ireland no spirits should be supplied to children under sixteen.

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"to enquire into the best mode of dealing with habitual drunkards."

The Committee dealt with the question of retreats and punishments for habitual drunkards. It was thought that the Inebriates Acts of 1879 and 1888 were not stringent enough, as very few habitual drunkards were detained in retreats. Many witnesses complained of the lack of proper facilities for the admission of patients, the lack of power of compulsion in the case of confirmed alcoholics, who would not enter retreats voluntarily, and the insufficient maximum period of detention.

The Committee recommended the establishment of retreats for those voluntary patients who could not pay for their maintenance. They thought the inmates should work in return for their keep. They suggested that the maximum period of detention should be increased from one to two years.

In addition reformatories should be provided for criminal habitual drunkards. These could be built with the aid of contributions from the central and local government, or alternatively, existing accommodation in prisons, lunatic asylums or poor-houses should be used. They thought that magistrates should have the power to commit habitual drunkards to these institutions for longer periods.

Lieutenant-Colonel Alexander Burness McHardy, Prison Commissioner for Scotland, stated that the proportion of apprehensions for drunkenness was much greater in Scotland than in England. He thought that short periods of detention were useless and a variety of treatment was necessary to meet the needs of different classes of drunkards. He considered it preferable for drunkards to be looked after by friends or by some society rather than being committed to an institution where the "normal conditions of life" were impossible to attain. Failing this, they should be boarded-out in the same manner as lunatics were often boarded out in Scotland. Only if this too proved impracticable should they be detained in some institution.

David Deway, Chief Constable and Procurator-Fiscal, Dundee thought that special prison wards should be assigned to deal with habitual drunkards. He thought this preferable to the establishment of any special reformatory as the stigma of prison would act as a deterrent.

Appendix: Tables showing the appearances of habitual drunkards before the City Police Court in Dundee and the convictions brought against them, and analysis of the Restorative Homes (Scotland) Bill drafted by Mr. Charles Morton. This Bill proposed the establishment of homes for drunkards in Scotland under the Board of Supervision in conjunction with the district lunacy boards.