The number of licenses was increased in 1811 and again in 1812, and all publicans were enjoined to keep "decent and comfortable houses."[1] In 1813 there were ninety-three and in 1814 one hundred and ten, but in 1815 they were reduced to eighty-five and remained at about that figure until 1820.[2]
A change was made in 1816 with reference to the beer trade. All those who received wine and spirit licenses were compelled to take out beer licenses also, and were bound under a penalty of £10 to furnish it when called for. There were no longer to be separate houses for the sale of beer and ale.[3] As the number of houses was slightly decreased the brewers made a great outcry, and in accordance with truly British sentiment they carried their point. The regulations were recalled and the Governor granted twenty beer licenses for Sydney and twelve for the other districts.[4]
Macquarie's final attempt to close the unlicensed houses was made in 1817. The amount of the fine was raised to £30 and the whole was to go to the informer. Conviction had to be sought before a Bench of Magistrates however, and not as formerly before a single Justice of the Peace.[5] Yet the offence continued and convictions were remarkably few. Two reasons for this were suggested to Bigge, one, that certain of the magistrates, notably the Superintendent of Police at Sydney and the Resident Magistrate at Parramatta, sold spirits wholesale and did not favour the prosecution of any of their customers. Bigge, however, came to the decision that although it was a mistake for any magistrates to be interested in this trade, no such charges could be supported.[6] The other reason given for the failure of prosecutions was that the witnesses were very seldom such as could be relied upon. This certainly had something to do with it, but the real cause lay in the fact that the punishment was not sufficiently severe and that the Governor treated delinquents too leniently. A conviction for unlicensed vending should have been a disqualification for a future license. Macquarie, however, did not invariably follow that course. In one instance a man
