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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http: //books .google .com/I SHAW & SONS^ HARVARD COLLEGE LIBRARY TRANSFERRED FROM THE SOCIAL ETHICS LIBRARY <" . ■ cisional r ■ , s. '-> G." fvinsent of ab.ices to raiit occask . )'.<.[ oi r- ..iipti..... 1. woiicc ot i.-icntion to Al-fJ f'r ■ WP here deposit^ ' "•«()( from Uic cict ,„ ,, , house, &c !*"»"• k<»fJn|, ,1,. from il„, pmon wiililL i™!™". «c,. » ^'"'■" "' «noni<ijr. X- '.onpomry tramfcr. y. rransfcr li>enae, J.. Certifia,cofs<wItd,,^^^ --'--?t^is* «*/ Gnan- Ftnm. R. ^""^'Jocofappbctijoo fcr <■««/* THE %i!^$, 1872, 1874. TOGBTHBB WITH ALL THB ALSHOUSB, BEEfiHOUSE, REFRESHMENT HOUSE, WINE AND BEER- HOUSE, INLAin) REVENUE, AND SUNDAY CLOSING ACTS RELATING THERETO. WITH urTEOSucnoir, kotes, am ibdex. Seventb SMtfottt (ffteatli? Bnlatdci)* BY JAMBS PATERSON, Esq., M.A., BABRISTEB-AT-LAW. JBeUtor qf^* ArchboWs JuHice of the Peace^'' " The Fishery Acts, « 27ie Game Acts,'' " The Bastardy Aets^' dee. h LONDON : SHAW & SONS, FETTEB LANE & CBANE COUBT, E.G. lUfo 9xintttii star ^tMisl^txii. ' 1889. ^ FEB 171890 Harvard University. Social Questions Library KMVARO COLLEGE LtlRARY TMAftfiFERREO FROfil THE LDRARY OF THE DEPAKTMENTOF SOCIAL ETHICS JUL 10 1925 LONDON : PRINTED BY SHAW AND SONS, FBTTER LAKE, R.O. PREFACE TO THE SEVENTH EDITION. SINCE the publication of the Sixth Edition of this Work the cases on the Licensing Acts have never been so numerous and important as in this short interval of time. The Author has accordingly been induced to extend considerably the notes, and to re-write many of them, in order to include every decision up to the present date, and to make the contents more complete and exhaustive. The cognate subjects of Theatre, Music and Dancing Licenses, Billiard Licenses, and the Eights and Duties of Innkeepers have been greatly expanded, and scarcely any topic which one would expect to be noticed in a Work with this title will be found to be omitted. And to make the Work more practically useful the Index and Table of Beferences have been made more copious in every respect, and the type has at the same time been improved. The plan of the Work is that which experience, and the recommendations of judges and practitioners attest to be most useful in practice, namely, to give the first place to the two Licensing Acts, 1872 and 1874, as now being the leading Statutes, explained by copious notes and cross-references, and then to arrange by way of Appendix, in chronological order, all the earlier as well as later series of outstanding enactments on licensing matters, each, in the same manner, accompanied with notes and cross-references. By this method, those who a2 IV PBEFAOE TO THE SEVENTH EDITION. consult the Work have the great advantage of readily seeing the sequence of sections in each statute, and at the same time have the materials for referring to every other enactment modifying them. Besides this list of chronological statutes, there are other enactments more or less referred to in the notes, and of these there is a separate table of sections to be found at the commence* ment of the Book. J. P. Goldsmith Building, Temple, August, 1889. PREFACE TO THE FIRST EDITION. THE Licensing Act, 1872; recently passed, and which has made so many important changes in the laws relating to the sale of Intoxicating Liquors, was intended to settle some questions of domestic policy long agitated, confessed to be extremely difficult of treatment, and probably destined after a few years to be again and again made the subject of discussion. It was originally desired by the Government to introduce a consolidation of the multifarious laws on the subject; but practical difficulties prevented the realisation of so desirable an object, and the present Act thus adds one to a group of somewhat incongruous Statutes, and increases the diffi- culty of its own interpretation. The Editor, after much consideration, has embodied his views of the leading difficulties that will arise under the new Act, and has suggested some solution of most of them. This Edition also contains a complete collection of the existing statutory law on the subject. J. P. Goldsmith Buildinq, Temple, 227id August, 1872. CHRONOLOGICAL TABLE OP THE STATUTES RELATIVE TO THE LICENSING ACTS, 1872, 1874. PAGE 9 Geo. 4, c. 61 (Intoxicating Liquor Licensing Act, 1828) ... 187 1 WilL 4, c. 64 (Beerhouse Act) 217 4 & 6 Will 4, c. 85 (Beerhouse Act) 225 3 & 4 Vict. c. 61 (Beerhouse Act) 231 5 & 6 Vict c. 44 (Alehouse Act) 237 23 Vict c. 27 (Wine and Eefreshment Houses Act) ... 241 24 & 25 Vict c. 21 (Excise) 255 24 & 25 Vict c. 91 (Inland Revenue) 256 25 & 26 Vict c. 22 (Inland Revenue) 259 25 & 26 Vict c 38 (Sale of Spirits) 261 26 & 27 Vict c. 33 (Inland RevenT|e) 263 26 & 27 Vict c. 41 (Innkeeper's Liability for Guest* s Goods) 265 27 & 28 Vict c. 18 (Inland Revenue) 268 27 & 28 Vict c. 64 (Closing of Refreshment Houses) ... 270 28 & 29 Vict c. 77 (Closing of Refreshment Houses) ... 272 30 & 31 Vict c. 90 (Inland Revenue) 274 32 & 33 Vict c 27 (Wine and Beerhouse Act, 1869) ... 275 33 & 34 Vict c. 29 (Wine and Beerhouse Act, 1870) ... 288 33 & 34 Vict c. Ill (Beerhouse Act, 1870) 295 35 & 36 Vict c. 94 (Licensing Act, 1872) 1 37 & 38 Vict c. 49 (Licensing Act, 1874) 147 41 & 42 Vict c. 38 (Innkeepers Act, 1878) 296 VIU OHEONOLOGIOAL TABLE OP THE STATUTES, ETO. PAGE 43 Vict. c. 6 (Beer Dealers Retail Act, 1880) 298 43 & 44 Vict c. 20 (Inland Revenue Act, 1880) 301 43 & 44 Vict c. 24 (Spirits Act, 1880) 306 44 & 46 Vict c. 61 (Sunday Closing (Wales) Act, 1881) ..• 307 45 & 46 Vict c 34 (Beer Dealers Retail Act, 1882) ... 309 46 & 47 Vict c. 31 (Payment of Wages in Public Houses xLCk,>XOOO^ ... ... ••• .». ••• ... ... OLKJ 47 & 48 Vict c 29 (Licensing Evidence Act, 1884) ... 316 49 & 50 Vict c 66 (Sale to Children Act, 1886) 316 INDEX OF STATUTES, GENERAL OUTLINE, ARRANGED IN GROUPS. licensmg Act, 1872, 35 & 36 Vict. c. 94 Preliminaiy Illicit Bales Offences against public order Repeated convictions Registers As to grant of licenses Legal proceedings Miscellaneous Saving clauses Definitions ... Repeal Application to Ireland ... Licensing Act, 1874, 37 & 38 Vict. c. 49 Preliminary Hours of closing Record of convictions and penalties Regulations as to entry on premises Occasional licenses Miscellaneous Definitions and repeal Licensing (Evidence) Act, 1884, 47 & 48 Vict c 29 Alehouse Acts, 9 Geo. 4, c 61 5&6Victc. 44 Beerhouse Acts, 1 Will. 4, c. 64 4&5WilL4,c. 85... 3&4Vict. c. 61 ... 33&34Vict c. 111... PAGE 1 1 2 20 67 62 64 93 113 122 128 138 143 147 147 148 164 170 174 175 182 315 184 237 217 225 231 295 X INDEX OF STATUTES. Beer Dealers Betail Licenses Act, 1880, 43 Vict. c. 6 1882, 45 & 46 Vict, c Closing Acts (Refreshmeiit Houses) 27 & 28 Vict. c. 64 28 & 29 Vict. c. 77 Sunday Closing (Wales) Act, 1881, 44 & 46 Vict. c. 71 Wine and Refreshment Houses Act, 23 Vict. c. 27 ... Inland Eevenue Acts, 24 & 25 Vict. c. 21 . 24 & 25 Vict. c. 91 . 25 & 26 Vict. c. 22 . 25 & 26 Vict. c. 38 , 26 & 27 Vict. c. 33 . 27 & 28 Vict. c. 18 . 30 & 31 Vict. c. 90 . 43 & 44 Vict c. 20 . 43 & 44 Vict. c. 24 , Wine and Beerhouse Acts, 32 & 33 Vict. c. 27 33 & 34 Vict. c. 29 Forms of licenses and certificates 34 PAGB 298 309 270 270 272 307 241 255 256 259 261 263 268 274 301 306 275 288 317 TABLE OF SECTIONS. Licensing Act, 1872 (35 d 36 Vict. c. 94). SECTION PAGE 1 Sliort title 1 2 Extent of Act 1 3 Selling liquors without license 2 4 Occupier of unlicensed premises 10 5 Drinking on premises contrary to license 10 6 Evasion of law as to this 13 7 Sale of spirits to children 15 8 Sale by standard measures 16 9 Internal communication with unlicensed premises ... 17 10 Illicit storing of liquor 18 11 Name of licensed persons on premises 19 12 Persons found drunk 20 13 Permitting drunkenness on premises 23 14 Keeping disorderly house 26 As to harbouring of thieves 27 As to seditious meetings 29 As to music and dancing 30 15 Permitting premises to be a brothel 34 16 Harbouring a constable 35 17 Permitting gaming 36 As to gaming houses 39 As to betting houses 40 18 Excluding drunkards from premises 44 23 Closing premises in riot 46 25 Persons found on premises in prohibited hours ... 47 26 Exemption from closing 50 27 Re&eshment houses to close same time as inns ... 54 28 Closing of refreshment houses at 9 or 10 p.m. ... 54 29 Local authorities granting occasional licenses 55 30 Forfeiting licenses on repeated convictions 57 31 Disqualitication of premises 58 Xll TABLE OF SECTIONS. SECTION PAGE 32 Coiiviction j&ve years back 60 33 Omission to record conviction 61 34 Defacing record of conviction 61 36 Register of licenses to be kept 62 37 Licensing committee in counties 64 38 Licensing committee in boroughs 67 39 Stipendiary magistrates may act in licensing 71 40 Notices before new and transferred licenses 71 41 Licenses withheld wrongfully 74 42 Applications for renewal of license 75 43 Opposing confirmation of license 80 44 Disqualification for licenses 81 45 Qualification as to value of new premises 81 46 Qualification as to value of old premises 84 47 Definition of annual value 86 48 Forms of licenses 87 49 Six-day licenses 89 50 Removal of licenses 91 51 Procedure for penalties 93 Summary procedure 95 Imprisonment for non-payment of money 95 Payment by instalments of penalties 96 Power to discharge without punishment 97 Power to award costs 98 Power to issue distress 99 Proof of conviction 100 52 Appeal to quarter sessions 101 Later procedure on appeal to quarter sessions ... 101 Application of the provisions to prior Acts 103 Appeal by special case 104 53 Temporary renewal of license during appeal 105 54 No conviction quashed on certiorari 106 55 Recording convictions on license 107 56 Protection of owners of premises 108 57 Conviction for several offences on one day Ill 58 Evidence of indorsements and register Ill 59 Double remedy for offences 112 60 Disqualification of justices 113 61 Jurisdiction in piers and shores 114 TABLE OP SECTIONS. Xlll SECTION PAGE 62 Evidence of selling and consuming liquors 115 63 Excise license to be void on forfeiture 116 64 Production of licenses by holders 117 66 Population, how estimated 117 66 Moiety of penalties to police superannuation 118 67 Mitigation of penalties (Repealed) 119 68 Dealers' retail spirit licenses 119 69 Betail spirit and liqueur licenses 119 70 Service of notices by post 121 71 Schedule to be part of Act 122 72 Saving of certain privileges 122 As to theatre licenses 124 Selling liquors at theatres 125 73 Cases not requiring license 127 74 Definition of terms 128 75 Billiard licenses 138 As to keeping open billiard tables under 8 & 9 Vict C« xv/«/j S* XO ••• ••• ••• ••• ••• ••• X4\/ As to offences at billiards 142 76-90 Sections as to Ireland 143 Schedules of repealed enactments 1 45 Licensing Act, 1874 (37 d 38 VicL c, 49). 1 . Preliminary and short title 147 2 Commencement of Act 147 3 Hours of closing premises 148 As to Simday entertainments 151 4 Exemptions as to theatres repealed 152 5 Exemptions extended to beerhouses, &c. 152 6 Justices varying hours on Sunday afternoon 153 7 Early closing licenses 155 8 Abatement of duty on same 156 9 Selling in prohibited hours 157 10 Selling to ftoTui .^ travellers 159 11 Hours of closing night-houses 163 12 Mitigation of penalties 164 13 Record of convictions 164 XIV TABLE OF SECTIONS. .SECTION PAGE 1 4 Recording convictions for adulteration 166 Procedure, Sal e of Food Act 167 Adulterating beer 168 15 Continuance of forfeited licenses 169 16 Entry of constable on premises 171 17 Search warrant for illicit liquor 172 18 Occasional license at fairs and races 174 19 Occasional licenses and time of closing 174 20 Occasional licenses and offences 176 21 Joint committee for borough licenses 175 22 Provisional licenses for unbuilt premises 176 23 One justices' license for several excise licenses ... 178 24 No confirmation for out-door licenses 178 25 Rules by joint committee 178 26 Notice to oppose renewal of licenses 178 27 No appeal against refusing new certificates 179 28 Licensing justices to decide as to name, &c., on premises 180 29 Definition of " owner," &c 180 30 Licensed persons entertaining friends 181 32 Definition of terms 182 33 Repeal of sections of Act, 1872 186 Schedule defining metropolitan district 186 Alehouse Act (9 Geo, 4, c. 61). 1-3 General annual licensing meeting and adjournments Application for licenses Discretion of j ustices . . . Mandamus to justices... Certiorari and prohibition Licensing in boroughs Precepts to constable ... 4 Special transfer sessions... 5 Notice of adjournments ... 6 Disqualified justices 7-8 Justices in liberties and cinque ports ... 12 Applicant unable to attend licensing meeting 14 Transfer of licenses Discretion of justices ... 187 188 189 190 192 193 194 196 197 198 199 200 201 204 TABLE OF SECTIONS. XV SECnpN PAGE 14 Transfer of licenses— (con*iwi*«?). Cases as to transfers 205 Contracts for sale of premises 206 15 Fees for licenses 208 27-29 Appeal to quarter sessions 210 Costs on appeal 214 36 Saving as to universities, &c 216 37 Definitions 216 Beerhouse Act (1 Will. 4, c. 64). 1-3 Licenses to retail beer 217 7 Selling without license 220 30 Licenses to sell cider and perry 222 31 Covenants against using houses for beer 223 32 Definitions of terms 224 Beerhouse Act {4: <& 5 Will. 4, c. 85). 1 Licenses preceded by certificate of character 225 5 Billeting of soldiers 226 Army Act, 1881, as to billeting 226 Liability to provide billets 227 Oflfences by keepers of victualling-houses 227 11 Penalties of 1 Will. 4, c. 64, to extend 228 13-15 Excise duty to be paid 229 17 Selling without license 229 20 Selling spirits or wine without license 230 Beerhouse Act (3 c& 4 Vict. c. 61). 1 Valuation of qualification for beerhouses 231 7 Licenses void for felony 234 8 Death of licensed person, business to continue . . . 234 9 Entry of premises with excise 235 11 Excise officers may enter table-beer houses 235 12 Excise olficers may enter premises 236 18 Exemption of then licensed houses as to value ... 236 XVI TABLE OF SECTIONS. T&mpora/ry License by Justices (5 c§ 6 Vict, c. 44). SECTION 1 Justices at petty sessions endorsing a transfer... 2 Lost licenses 5 Selling liquors in packets on Sundays PAGE . 237 . 238 . 23» Wine and Befreshment Houses Act (23 Vict, c, 27). 1-2 Excise duties for refresliment houses 241 3 Shops entitled to wine license 241 4 What is selling by retail 242 6 Certain houses required to take licenses 242 7 Confectioners entitled to wine licenses 244 8 Valuation qualification for in-door wine license ... 244 9 Keeping houses without license 245 10-11 Forms of licenses and duration 246 12 Death of licensed person 246 16 List of licensed persons 247 19 Selling wine without license 248 21 Definition of wine and spirits 248 22 License void for felony 248 23 Entering houses with excise 249 24 Excise ofl&cers may enter houses 249 25 Having spirits on premises 249 30 Penalties recoverable 250 32 Penalties on refreshment houses 250 33 Mitigating penalties 250 34 Appeal to quarter sessions 251 35 Costs on appeal 251 36 Constable to carry on appeal 252 38 Penalty on witnesses 253 41 Penalty on drunkards 253 42 Procedure for penalties ... 253 43 How excise penalties recovered 254 44 Covenant against using house for wines 254 Inland Eevenue Act (24 d^ 25 Vict. c. 21). 2 Dealers in spirits additional retail license 255 3 Table-beer license 255 TABLE OP SECTIONS. XVU Inland Bevenue Act (24 d 25 Vict. c. 91). SECTION PAGK 8 Compulsory license for late refreshment houses ... 256 9 Duty according to valuation of premises 256 10 Beerhouses may have wine licenses 257 11 Beer license exempt from penalties for wine 258 13 Beer or spirits at fairs and races 258 14 Licenses to expire on 10th October 258 Inland Beventie Act (25 (& 26 Vict. c. 22). 12 Beer, &c., at races or fairs 259 13 Occasional licenses from two justices 259 15 Transfer of licenses by excise 260 Sale of Spirits (25 (B 26 Fwj^ c. 38). 1 No action for less than 20«. of spirits 261 Tippling Act (24 Geo. 2, c. 40, s. 12) 262 Inland Bevenvs Act (26 dt 27 Vict. c. 33). 1 Beer dealer's additional retail license 263 18 Wine license to include sweets 264 19 Altering duty on occasional license 264 20 Altering law as to occasional license 264 21 As to fairs and races 265 Innkeepers Act (26 dt 27 Vict. c. 41). 1 Innkeeper not liable beyond 30^ 266 2 Obligation to receive goods 267 3 Notice to be exhibited 267 4 Interpretation of terms 268 Inland Bevenue Act (27 d 28 Vict. c. 18). 5 Occasional licenses 268 XVIU TABLE OF SECTIONS. Befreshment House Closing Act (27 rf 28 Vict. c. 64). SECTION PA6B 3-4 Definitions 270 5 Closing night refreshment house 271 7 Occasional license 271 8 Definition of local authority 271 10 Not apply to railway stations 272 Befreshment Home Closing Act (28 d 29 Vict. c. 77). 2 License to accommodate trades 272 3 Withdrawing license 273 5 Justices to grant licenses 273 Inland Bevenue Act (30 d 31 Vict. c. 90). 17 Soliciting orders for spirits 274 18 Duty on methylated spirits 274 Wine and Beerhouse Act, 1869 (32 & 33 Vict. c. 27). 2 Definition of beer and cider 276 4 Excise license certificate 276 5 By whom certificates granted 276 6 Form of certificate 277 7 Notice before new certificate 277 8 Justices to refuse certificate for out-door licenses on .. 279 .. 284 .. 285 .. 286 .. 287 .. 288 certain grounds 11 Forgery of certificate 19 Renewal of existing licenses 20 Saving of privileges 21 Repeal of prior enactments Schedule thereof Wine and Beerhouse Act, 1870 (33 d 34 Vict. c. 29). 3 Definition of terms 288 4 Amendment of 32 & 33 Vict. c. 27, ss. 5, 6, 7, 8, 9 ... 289 7 Amendment of 32 & 33 Vict. c. 27, s. 19 292 10 Beer dealer's additional retail license 292 TABLE OF SECTIONS. XIX SBCnON PAGE 11 Postponing grants and renewals 293 14 Convicted of felony cannot sell spirits 294 16 Hepesd of brewer's retail license 295 Beerhouse Act, 1870 (33 & 34 Vict. c. 111). 1 Valuation of some premises in townships 295 41 a 42 Vict. c. 38, s. 1. Landlord may dispose of goods left after six weeks ... 296 Beer Dealers Betail Licenses Act, 1880 (43 Vict, c, 6). 1 Justices to have discretion as to beer dealer's retail licenses ... ... ... ... •■• ••. Aa\3 2 Licenses at annual meetings only 300 Inland Bevenm Act, 1880 (43 d 44 Vict. c. 20). 34 Beer brewed for domestic use 301 41-42 Duties on excise licenses for retailing cider, sweets, beer, wine 302 43 Duties on retailing of spirits 303 45 Duties on sale of liquors in boats 305 47 Meaning of excisable liquors 306 Sj[drits Act, 1880 (43 £ 44 Vict. c. 24) ... 306 Sunday {Wales) Closing Act, 1881 (44 d 45 Vict. c. 6i;. 1 Premises in Wales closed on Sunday 307 2 Application of Licensing Acts 307 3 Commencement of Act 308 4 Sale of liquors at raQway stations 308 Beer Dealers Betail Licenses Act, 1882 (45 a 46 Vict. c. 34;. 1 Justices discretion as to off beer licenses 309 2 Certificates at annual meeting only 310 b 2 XX TABLE OP SECTIONS AND FORMS. Payment of Wages in PuhUc-houses (46 dt 47 Vict. c. 31). SECTION PAGK 2 Definition of workman 311 4 No wages to be paid in public-houses 311 4 Penalties ... ... ... ... •.. ... ... 312 Polls and elections in inns 313 Licensing {Evidence) Act, 1884 (47 d 48 Vict. c. 29). Extension of 36 & 36 Vict c 94, s. 41 316 Sale to Children Act (49 d 50 Vict. c. 56). 1 Sale to children illegal 315 2 Construed with Licensing Acts 316 Form of excise publican's license Form of occasional license Form of j ustices' consent to * Form of refreshment house license Forms of justices' licenses and certificates .. 318 .. 319 .. 318 ., 317 .. 320 TABLE OP STATUTES AND SECTIONS. [Note. — Those statutes wMch a/re in the ajfpendix ha/oe only the jkgt page stated here.'\ 21 Jas. 1, c. 7 16 Geo. 2, c. 8, s. 12 ... 24 Geo. 2, c. 40, s. 12 ... 25 Geo. 2, c. 36, b. 2 ... 8. <5 ... S. 4 ... 21 Geo. 3, c. 49, ss. 1, 2, 3, 5 36 Geo. 3, c. 113, s. 1 ... 39 Geo. 3, c. 79, s. 14 ... 51 Geo. 3, c. 36 57 Geo. 3, c. 19 6 Geo. 4, c. 81 7 & 8 Geo. 4, c. 53, s. 78 8. 22 9 Geo. 4, c. 47 9 Geo. 4, c. 61 1 WilL 4, c. 51, 8. 22 ... 1 WiU. 4, c. 61 1 & 2 Will. 4, c. 32, 88. 18, 26 4 & 5 WilL 4, c. 51 4 & 5 Will. 4, c. 75, 8. 10 4&5WiU.4, c. 85 ... 6 & 6 WilL 4, c. 39, 8. 7 2 & 3 Vict. c. 14, 8. 29 ... 2 & 3 Vict, c xciv. 8. 27 8. 29 8.37 2&3Vict. c. 47,8. 43... 8. 45... D. 40 ... PAGE ••• ••• ••• ••• ... 21 ••• ■■• ••• ••• ... 126 ••• ••• ••• ••• ... 262 ••• ••• ••• ••• ... 31 ••• ••• ••• «•• ... 31 ••• ••• ••• ••• ... 32 ••• ••• ••• ••• .. 151 ••• ••• ••• ••• « .. 10 ••• ••• ■•• ••• ... 29 ••• ••• ••• ••■ ... 199 ••• ••• ••• ••• ... 29 ••• ••■ ••■ ••• 127, 220 ••• ••• ••• ••• 164, 220 ••« ••• ••• ••• ... 173 ••• ••• ••• ••• 126, 240 ••• ••• ••• ••• ... 187 ••• ••• ••• ••• ... 127 ••• ••« ••• ••• ... 217 ••• ••• ••• ••• ... 268 ••• ••• ••• •■• ... 220 ••• ••• ••■ ••• 126, 240 ••• ••• ••• ••• ... 225 ••• ••• ••• •■• 124, 125 ••• ••• ••• ••• ... 123 ••• ••• ••• ••• ... 15 ••• ••• ••• ••• ... 18 ••• ••• ••• ••• ... 23 ••• ••• ••• ••• ... 15 ••• ••• ••• ••• 18, 123 ••• ••• ••• •«• ... 124 xxu TABLE OF STATUTES AND SECTIONS. 2 & 3 Vict c 47, 8. 68 2&3Vict 0.71,8.14 8.35 2 & 3 Vict c. 93, 8. 16 2 & 3 Vict c 94, 8. 30 3 & 4 Vict c 61 5 & 6 Vict c 44 6 & 7 Vict c. 68 8.2 88. 3, 5, 7, 8. 12—15, 8. Au ••• 7& evict c. 33, 8.7 ... 8&9 Vict c. 109,8.3... 8.10 8.11 8. 12 8. 13 8.14 8.18 8.20 10 & 11 Vict c. 89, 8. 29 8.34 8.35 11 & 12 Vict c 43, 8. 5 8. 18 8. 19 8.20 8.21 8. 22 8.27 8.31 11 & 12 Vict c 49 12 & 13 Vict c. 45, 8. 1 8.2 8.18 13 Vict c. 21, 8. 14 ... 16 & 17 Vict c 68, 8. 6 16 & 17 Vict c 119, 8. 1 9,11 19,20 •• ••• .•« •«• • •• •«• ••• •.. ••. ... ••• ••• ••• ... ««. •«. ••• ... ••• ... ••• ••• •«• .•• ••• ••• ••« • a. • • • •• FAGS .. 23 .. 71 .. 164 .. 36 .. 124 .. 231 .. 237 . 124 .. 124 .. 124 .. 125 .. 124 .. 39 .. 139 .. 141 .. 141 .. 142 .. 141 .. 40 .. 143 23 .. 36 .. 26 .. 24 .. 98 98,100 .. 98 98,100 99 .. 214 .. 118 .. 270 .. 210 .. 103 .. 214 .. 164 .. 312 41 »•• TABLE! OF STATUTES AKD SEOTIOKS. XXlll PAGK 16 & 17 Vict, c 119, 8. 2 41 8. 3 41 8A. 4, 5, 6 42 s. 7 43 8. 11 43 8. 12 ... 44 8. 13 44 17 & 18 Vict c 38, 8. 4 39 88. 5, 6 ... 40 Rfl. 10, 11 ... 40 18 & 19 Vict c 38, 8. 3 126 18 & 19 Vict c 48 199 18 & 19 Vict c. 118 270 18 Sc 19 Vict c 120, 88. 249, 250 84 20 & 21 Vict c. 43, 8. 2 104, 212 8. 14 105 21 & 22 Vict c. 73, 8. 6 99 8. 7 71 22 Vict c 22 118 23 Vict c. 27 240 23 & 24 Vict c 113, 8. 21 8 24 & 26 Vict c 21 255 24 & 26 Vict c 91 256 26 Vict c 22, 8. 16 123 8. X«l ... ... 124 26 & 26 Vict c 22 259 26 & 26 Vict c. 38 261 26 & 26 Vict c. 102, fla 42, 112 84 26 & 27 Vict c. 33 263 26 & 27 Vict c. 41 265 27 & 28 Vict c 18 268 27 & 28 Vict c 64 270 28 & 29 Vict c. 77 272 30 & 31 Vict c. 90, 8. 12 123 8. 17 274 8. 18 126,274 32 & 33 Vict c. 14 267 a2&33Victc27 276 32 & 33 Vict c. 47, 8. 1 196 XXIV TABLE OF STATUTES AND SECTIONS. PAGE 32 & 33 Vict. c. 47, 88. 2, 3 • • • • • ... 194 S.f ... ... a • • • • • ... 195 32 & 33 Vict. c. 53 • • • • • ... 199 33 & 34 Vict. c. 29 • • • • • ... 288 33 & 34 Vict. c. Ill • • • • • ... 295 34 & 35 Vict. c. 103, s. 31 • • • • « ... 268 34 & 35 Vict. c. 112, 8. 10 • • • • • 28, 103 8. 1^ ... ... . • • • • • ... 172 S. lo ... ... . • • • • • ... 29 35 & 36 Vict c. 94 • • • • • 1 36 & 37 Vict. c. 18, 8. 4 • • • • • ... 268 37&38 Vict. c. 15, 8. 3 • • • • • ... 43 37 & 38 Vict. c. 49 • • • • • ... 147 38 & 39 Vict. c. 21, 8. 1 • • • • • ... 32 38 & 39 Vict. c. 23, 8. 9 • • • • • 242, 244 38 «Sc 39 Vict. c. 55 • • • • • ... 184 8. 128 • • • • • ... 314 38 «Sc 39 Vict. c. 63, 8. 2 t m • • • • ... 168 8. O ... ... a • • • • • ... 167 8. O ... ... 1 t m • • • • ... 167 88. 13,14,17,21... 1 • • • • • ... 167 8. 20 » • • • • • ... 168 8. 20 ... ... a • • • • • 167, 169 38 & 39 Vict. c. 66, Sched 1 • • • ■ • ... 199 38 & 39 Vict. c. 80, s. 1 1 • • • • • ... 352 39 & 40 Vict. c. 16, s. 4 1 • • • • • 241, 257 8. 9 ... ... 1 • • • • • ... 268 39 & 40 Vict. c. 20, s. 5 • • • • • • 29, 103^ 41 & 42 Vict. c. 38 1 • • • • • ... 296 41 & 42 Vict. c. 49, 8S. 22, 28, 45, 46, 48 » • • • • • ... 17 42 & 43 Vict. c. 18, 8. 2 1 • • m • • ... 32 42 & 43 Vict. c. 30, 8. 6 » • • • • • ... 167 8. 10 • • • • • • ... 169 42 & 43 Vict. c. 49, 8. 4 » • • • • • 95,164 8. O ... ... • • • • • • ... \f\j S.f ... ... • • • • • • 96 8. 8 ... ... » • • • •• ... 97 8. 16 • • • • • • ... 97 TABLE OF STATUTES AND SBOTONS, XXV PAGE 42 & 43 Vict. c. 49, s. 17 9ft 8. 19 212 s. 21 100 s. 22 100 8.31 103, 122 8. 32 104 8.33 104 8.39 95,100 8. 41 100 8.43 100 8. 46 115 43 Vict. c. 6 298 43 & 44 Vict. c. 20 301 43 & 44 Vict. c. 24, 88. 146—148 6,306 44 Vict c. 12, 8. 3 124 44&45 Vict. c. 58,8. 103 226 8. 107 226 8. 110 227 8. 174 126 44 & 45 Vict. c. 61 307 45 & 46 Vict. c. 34 309 45 & 46 Vict, c 50. 8. 160 193,312 8. 221 118 8. 246 195 88. 248, 256 200 46 & 47 Vict. c. 18, S8. 13, 14 ... 200 46 & 47 Vict. c. 31 310 46 & 47 Vict. c. 39, Sched 200 46 & 47 Vict c. 51, 8. 20 313 s. 38 64,314 47 & 48 Vict c. 29 315 47 & 48 Vict c. 43 29 8.7 .... 212 47&48 Vict c. 70,8. 16 313 8. 23 314 8. 36 314 48 & 49 Vict, c. 51 127 8* 4. *• ... 1 276,302 XXVI TABLE OF STATUTES AND SECTIONS. PAGE 48 & 49 Vict, c 51, ss. 8, 9 .. 168 48 & 49 Vict c. 69, s. 13 .. 35 48 & 49 Vict c. 75, s. 2 .. 172 49 & 50 Vict c. 56 .. 393 50 & 61 Vict c. 46, s. 4 .. 314 50 & 51 Vict c. 55, s. 14 .. 314 50 & 51 Vict c. 58, s, 11 .. 312 51 & 52 Vict c. 41, 8. 3 .. 33 8.7 .. 124 s. 20 .. 302 51 & 52 Vict c. 43, s. 182 .. 263 52 Vict c. 3, s. 7 31, 125 52 Vict c 7, 8. 3 1 • • .. 127 TABLE OF CASES CITED. A. PAGE Add7V.Blake 17 AUen V. Smith 397 AUpartv.Nntt 38 Angus V. Maclachlan 898 Annandale, re 66,81 Anon. 188 Archer V. Waldegrave 33 ArmlBtead V. Wilde 366 Atkinaonv. Sellers 161 Austin, esB parte 106 Anthers, re 7,103,137 ATanlsv. Danoe 37 Bailey, re 106 Baker V. Harsh 338 Ballamv.Willshire 6 Barnes V. Aloroyd 86 Bamesv.Chlp 169 Bamoyat V. Hutchinson 368 Bassett v. GoodchUd 189, 811 Bath w. White 11, 14 Baxter o. Iiangley 33, 163 Belasco V. Hannant 37 Bellis v. Beal 83 BdUs V. Burghall 33 Bendall, ex parte 77,880 Bottv. Lister 148 Betta V. Armstead 169 Bewv.Harston 88 Bondv.BTans. 38,163 Boodle V. Birmingham 306 BoBley V. Davis 38 Bowman V. Blyth 813 Brewer V. Shepherd 169 Brigden V. Helghes 49,131,150 Brtaior,fis 9,307 Briton, re 193 Broad «. Perkins 193 Bnwdwood V. Granara 398 BroolQar «i Wood 819 Bro(dce8V.Dry8dale 307,334 Brown,ti0 7 Bcown V. Nicholson 193 Brown «ii Nugent 33 C. PAOB Gandlish V. Simpson 198 Garter V. Williams 334 Cashlll v. Wright 866 Gates v. South 158 Gatt i;.Tourle 335 Ghamberlain, ex parte 139 Ghisholm V. Doulton 35 Glarkv.Hague 80 Glaydon V. Green 306 Clew, re 7 Gole V, Goulton 33, 36, 37 Cooper V. Osborne 38, 49 Cooper V. Turblll 33S Copley V. Burton 161,163 Gorbett v. Haigh 49^ 188 Gorev. James 85 Goulbert V. Troke 168 Gowles v. Gale 6,9,307 Cox V. Andrews 43 Grabtree v. Hole 88 Crofts V. Taylor 168 Grooksbank v. Rose 363 Gross v. Watts 11 Oullen v. Lancashire 34 Gundy V. Le Gocq 84 Curtis v. Buss 101,168,312 Curtis V. Siarsh 161 D. Danford v. Taylor 37 Dansey V. Blchardson 366,899 Daun V, City of London Brewery .... 334 Daun V. Simmons 190, 367 Davis, lex parte 18,31 Dawson V. Remnant 363 Day V. Bather 367 Day V. Lukke 306 Day V, Simpson 33, 135 Deal V. Schofleld 11 D'Eresby, ex parte 307 Diggle V. Hlggs 40 Dixon V. Birch 190, 367 Dixon V. Steele 333 Drake, re 196,378 Duflell v. Curtis 84S Dyson V.Mason 37 XXVIU TABLE OF OASES OHED. E. PAGE Eddleston v. Barnes 112 Edwick V. Hawkes 225 Elstone V. Rose 192 Embleton u Brown 115 Empson v. Metropolitan Board 278 Ethelstane, exparte 24 Evans v, Hemingway 4 F. Fell V. Knight 298 Fielden v. Slater 223 Finch V. Blundell 169 Fisher V. Howard 161 Fleetwood v. Hull 225 Footv. Baker 37 Foot V.Butler 40,41 Forsdlke v. CJolquhoun 160, 308 Forster v. Forster 192 Fralllng v. Messenger r.... 33 Francis v. Hayward 207 Fredericks v. Payne 124 Freeman v. Bead 214 G, Gage V. Elsey 168 Gallimore v. Goodall 162 Garrett V. Messenger 34 Garrett v, Middlesex 93, 181, 211 Garretty v. Potts 87, 212, 232 Gay V, Mathews 214 Gill V. Bright 7,19,172 Girdlestone v. Brighton 162 GrafE v. Evans 4 Green V. Botheroyd 33 Gregory v. Tuffs 33 Greig V. Bendeno 27,34 Griffiths V. Lancashire 78 H. Hall V. Box 224 Hallv.Green 33 Hampden v. Walsh 40 Hanbury «. Cundy 225 Hannant v, Foulger 269 Hare v. Osborne 38, 49, 163, 182 Hargrave v. Dawson 135, 286 Harris v. Jenns 133, 248 Harris v. May 169 Harrington, ex parte 124 Harrison v, Leaper 25 Harrison V. Mc L'Meel .. 128, 172 Harrison v. Eichards 169 Hawthorn v. Hammond 89 Hayward v. Holland 174 Hazell v. Middleton 204 Herbert V. Markwell 267 Higgins V. Hall 169 Hoarev.MetropolitanBoard of Works 207 Hoffman V. Bond 34 PA6B Holder v.Soulby 366,298 Holt V. CoUyer 234 Horder V. Scott 169 Howell v. Jackson 89 Howes V. Inland Revenue 343 Howorth V. Minns 133, 376 Hughes V. Done 863 Huxham v. Wheeler 333, 368 J. James, exparte 73 Jefferson V. Richardson 159 Jenks V. Turpin 38, 39 Jennings v. Manchester 333 Johnson u Colam 34 Jones V. Bone 333, 834 Jones V. Cooper 139 Jones V. Jackson 367 Jones V. Osborne 366 Jones V. Thurloe 298 Jones V. Whittaker 139 Josselyn v. Parson 138 Joynt,ea; parte 49, 160 K. Kay V. Over-Darwen 310 Kellewuy v. Mac Dougal 243 Kemp V. Birdr 234 Kenyon, ex j)arte 106 Kerwin v. Hincs 35 Kirk V. Goates 169 Knight V, Bowers 169 Knight V. HaUiwell 105 L. Langrish V. Archer 31 Lea v. Whittaker 307 Leader v. Yell 238 Leah V.Minns 276 Lester V. Torrens 33 Levy V. Yates' 88 Llewellyn v. Rutherford 207 Loadman V. Cragg 28 bockhurst t?. St. Albans 104 Lon. & N. W. Rail. v. Gumett 288 London, &c. Co. V. Field 224 Luff V. Leaper 87 Luker v. Dennis 224 M. Macklnnell V. Robinson 89 Mahon V. Gaskell 6,187 Markham, ex parte 105 Marks V. Benjamin 88 Marshall v. Fox 29 Marson v. London & 0. Rail 136, 190 Martin, esc parte 77 TABLE OF CASES CITED. XXIX PAGE Mardn V. Barker 126,128,150 Harttn V. Pridgeon 28 Marwick V. Godlin 134,186 Mangham, ex parte 196, 255 Maw v. Htndmarsh 225 Mayer v, Harding 105 Mayhew V. Buttle 190 Menzies v. Lightf oot 224 Meuz V. Humphries 219 Mlnett, eas parte 206 Modlen v. Snowball 207 Moody V. Steggles 207 Moore v. Boblnson 225 Moore v. Smith 230 Morgan, ex parte 77, 213 Morgan v. Edwards 105 Morgan v. Palmer 208 Morgan V. Bayey 266 Morley v. Greenhalgh 30 - Monfflet V. Ck>le 207, 224 Mnir v. Hoare 105 'Mxsirv.Keaj 243 Mollinerv. Florence 297 Mnllins v. Collins 36 Murray V. Thompson 164 N. Newell V. Hemingway 4 Newman v. Bendjrshe 158 Newman v. Earl of Hardwlcke 47 Newman v. Jones 4 Nichol V. Fenning 224 Norton v. Salisbury 278 Nmm v. Southall 244 O. Oldham v. Bamsden 41 Oppenheim v. White Lion 267 Ormerod V. Ghadwick 73 Osborne V. Hare 38,49,163,182 Ovenden v. Raymond 49, 142, 162, 182 Overton v. Hunter 158 Owens V. Porter 262 PaOmerv. Thatcher 3,105,127, 188,242 FtMrker V. Flint 189 Parker v. Green 27 Pttrsons V, Alexander 40 Pluhler V. SteveniU 167 Pfttman v, Harland 224 Ptttten V. Bhymer 37,38 Peadie V. Coleman 162 Feaoookv.R 105 Pearaev.GiU 168 V. Broadbent 5,277 PAGE Pease v. Coates 323 Peplow V. Richardson 161 Petherick v. Sargent 116, 158 Phillips, eas parte 76,239 Phllpott ». Jones 263 Piddlesden, ex parte 233 Pigeon V. Legge 45 Pine V. Barnes 163, 183 Pinnutt, ex parte 207 Preston v. Buckley 232, 296 Proctor V. Nicholson 262 Pullrook V. Ashley 207 Purkls V. Huxtable 27 Q. Quaglieni V. Mathews 33 R. R. V. Aberdare 278 Allmey 233 Andover JJ 101,181 Annandale J J 66, 81 Archdall 133,322 Ashton 38, 382 Athay 189 Aulton 16 Barrett 36 Barton 190 Beckley 199 Belton 190,200,212 Binney 214 Birmingham 78, 380 Bishop 167 Blackburn 73,363 Boteler..,. 189 Bolton 10« Bristol 312 Bryan 192 Cambridge Union 382 Carnarvon 190,200 Caulfleld 378 Charlesworth 332 Cheshire JJ 101,312 Congleton JJ 179, 191 Cox 177,190,300 —^ Crewkeme J J 90, 156, 186 Cumberland 83, 118, 382 Curzon 136,306,387 Dale 118 Davidson 214 Davis 191 Deane 211,212 DeRutzen 283,243,255,263 DevonportJJ. 214 Devonshire JJ. 139 Dobbins 171 Downs 192 Bales 78; 179 —^ Edwards 188 BlyJJ. 214 XXX TABLE OF CASES CITED. PAGE Kv. EssexJJ 77 Exeter JJ 86 B^quhar 78,191 Farrant 192 Fletcher (L. R. 1 C. C. 820) .... 23 Fletcher (48 J. P. 407) 23 Garrett 93,181,211 GUlyard 106 Glamorganshire (22 Q. B. D. 628) 8, 261 Glamorganshire (1 Q. B. D. 66) 233, 242, 266, 263 Goodall 214 Great Yarmouth 192 Handley 26 Hanley 280 — Hants JJ 6, 137, 214 Harries 191 Hereford 77 Herts JJ 170 Holland JJ 36 Holland 191 Holmes 190 Howard 179, 191 Huddersfleld 6, 137, 281 Hughes 23,40 Hull JJ 204 Huntley 214 Inland Bevenue 36,126 Ivens 89 Kensington 226,233 KentJJ 78, 191 Khig . . 79, 191, 192, 258, 282, 286, 299 KirkdaleJJ 196,266 — — Knapp 164 Lancashire J J. (L. R. 6 Q. B. 97) 189 Lancashire JJ. (41 J. P. 293) .. 103 Langridge 233 Lawrence .... 80, 106, 136, 197, 203 Leader 233, 280 Long 214 Liverpool J J. (52. J. P. 376) .... 90 Liverpool JJ. .. 80, 106, 136, 196, 203 Luellm 89 Manchester JJ 79, 191, 192, 268, 288, 299 Mann 85,192 Market Bosworth 80, 186, 186 Marshall 192 Maule 210 Merthyr Tydvll .... 77, 78, 280, 299 Middlesex J J 66, 81, 206, 211 Minshul 219 MisklnHigher 80 Monmouthshire 190, 200, 242, 281 Montagu 87,196,281 Moore 170 — Mortlock 214 Myers 200 Newborough 192 — Mewcastle JJ. (61 J. P. 244) 80, 179, 192,196,206 Kewcastle J J., (3 Q. B. D. 646). . 7 Newton 100 PAGB B. v. North Riding J J S13 —• Northumberland J J S04, S06 Pawlett 103,811 Pilgrim aiS PlrehUl 191 Raffles 6,137 ReadlngJJ lOl.SlS Redditch 77,78,381 Bice 34,8» Riley 73,878 Rogier 89 Rosenthal 1S5 Rowell SOS Rymer 46,267,898 Sainsbury 191 Salford 228, 233 Schneider 810 Scott 79, 120, 191, 282, 800 Shropshire 878 Smith (37 J. P. 214) 120, 180, 181, 881» 883 Smith (31 J. P. 269) 6, 186 Smith (42 J. P. 296) 77,186 Southport JJ 120, 180, 281, 883 South Holland 198 Staffordshire 191 Stannard 85 Stephens 86 Strugnell 185 SurreyJJ 79 Surrey J J. (3 Q. B. D. 374) .... 888 Surrey J J. (62 J. P. 423) .. 190, 198» 211, 84A Surrey J J. (L. R. 6 Q. B. 466) . . 198 Sykes 6,187,881 Sylvester 189 Taylor 805 Tott 171 Tucker 33,84 Waghom 883 _ "V^alsall 189 West RIding*ji.*(21Q. b!'d.*268) 6, 34, 68, 136, 186, 203, 206, 886 West Riding J J. (11 Q. B. D.417> 170, 211, 894 West Riding JJ.(L. R.6 Q. B.D.33) 196, 378, 898 Wilkinson 189 Williams 191 Willoughby 46 Withyham 886 Wolfe 83 Young 176 Rawnsley V. Hutchinson 814 Redgate u Haynes 88 Reigate, Mayor of, v. Hunt. 118 Rioev.Slee 888 Richards V. Banks 248, 948 Richards v. MacBiide 808 Richards V. Rivett 884 Richards v. Swansea 136, 190 Ritchie v. Smith 6, 10 Roberts 17. Humphries 161 Robinson v.Waddlngton 878 TABLE OP OASES CITED. XXXI PAGE Boblnson V. Walter S98 BoweU V. Norfolk JJ 90S Buddiok V. Liverpool 78, SU Biuhworth,eas parte 196,378 Butter V. Daniel 207, S24 Butter V. St. Albans 104 S. Saint Albans V. Battersby S34 Sandford v. Clarke 86 Sandys v. Florence S66 Sandys v. Small 168, 169 Scatchard V. Johnson 12,24, 116 ScoU V. Gilmore 262 Seager V. White 95,116 Searle v. Reynolds 26 Sewell v. Taylor 18,21 Sharp V. Wakefield. . 77, 179, 189, 201, 204 Shepheard v. Walker 226 Shelley v. Bethell 125 Shutt V. Lewis 33 Short, ese parte 285 Simmonds v. Blackheath J J 171, 204, 282, 290 Simpkin v, Birmingham JJ 205 Simpklns, esB parte 105 Simsv. Pay 41,112 Smith, esc parte 282 Smith «. Dearlove 266, 267 Smith V. Hereford 77,136 Smith V. Land Corporation 207 Smith V. Redding 239 Smith v.Yaiiz 159 Snead V. Watklns 297 Somerset V. Hart 38 South Staffordshire v. Stone 104 Spice V. Bacon 267 Sqaire v. Wheeler 266 Stace i;. Smith 169 Staoey v. Milne 166 Stallard V. Marks 4^ 242 Stancliffe V. Clarke 225 Stanhope V. Thnrsby 106 Stevens v. Empson 5, 260 Stevens v, Sherbrook J J 170, 186, 203, 211, 294 Strauss v. County Hotel 266 Stainger v. Huddersfleld 6, 117 Stnchberry v. Cancer 4, 243 Sonbolf V. Alf ord 298 Qyers V. Conquest 83 T. !Cat»rth, eas parte 136 Taite V. Gosling 224 Tarling V. Fredericks 124 PAOB Tassell V. Ovenden 131,150 Taylor V. Goodwin 22 Taylor v. Humphries 161 Taylor v. Oram 189,943 Tennant V. Cumberland 158 Terry v. Brighton 153 Thomas v. Hayward 234 Thompson V. Greig 15S Thompson v. Harvey 5, 328, 233 Thompson v. Lacy 266, 298 Thomwall V. Johnson 224 Threlfall v. Berwick 297 Tippet V.Hart 301 Todd, re 208 Tumbull V. Appleton 18 Turner v. Johnson 95,117 TurriU v. Crawley 397 Tyson, re 18» Vine V. Leeds 6. 294 W. Walker v. Midland Railway Co 266 Wardenv.Tye 24 Warner v. Brighton 162 Washington v. Scott 232 Washington V. Young 17 Watktns,ea; parte 214 Watt r. Glenlster 162 Webb V. Catchlove 36 Webb V. Knight 167 Wells V. Attenborough 123 Wells V. Cheyney 46 Wemyss v. Hopkins 112 West V. Potts 212 Westbrook r. Griffith 298 Wheeker v. Webb 169 White V. Coquetdalc 206 Whitfield t?. Balnbridge 27 Wigan V. Strange ....** 126 Wilson V. Hart 223,224 Wilson ». Stewart 24 Windsor v, Jeffrey 232 Winn v. Mossman 118 Woodhouse v. Woods 106 Wooler t?. Knott 166, 226 Wray v. Toke 35, 27 Wright V. Harris 188 Wynne v. Ronaldson 106 Y. Young V. Higgin 278 INTRODUCTION. The sale of Intoxicating Liquors by retail is now dealt with mostly in five separate statutes, or groups of statutes. The Alehouse Act, 9 Geo. 4, c. 61, now called the Intoxicating Liquor Licensing Act, 1828, amended by 5 & 6 Vict. c. 44, and qualified by provisions in the Municipal Corporations Act, 1882 dealt with the houses known as inns or victualling-houses where intoxicating liquors are consumed on the premises, the leading feature of which was, that before intoxicating liquors could be sold in such houses, a license from the justices at the general annual licensing meeting or the adjournment was necessary. And there were numerous miscellaneous ofiences arising out of the conduct of such houses. The first of these statutes is still the root of the jurisdiction of licensing justices. The Beerhouse Acts, 1 Will. 4, c. 64 ; 4 & 5 Will. 4, c. 85 ; 3 & 4 Vict c. 61 ; 33 & 34 Vict. c. 14 ; 43 Vict. c. 6, and 45 & 46 Vict. c. 34, dealt with the houses or rather shops for the sale of beer and cider by retail both for consumption on the premises and off the premises, and at first such houses were allowed to be opened and carried on without requiring any guarantee of character, though after a few years a certificate of good character, signed by a few neighbours, and of a very imperfect nature, was c XXXIV INTRODUCTION. required as a basis for the excise license. A rating quaUfication was next added. But up to 1869 no justices' license or certificate was required, and thus an important guarantee of character had been omitted, which was then suppHed. The Wine and Refreshment Houses Act, 23 Vict. c. 27, amended and added to by Inland Revenue Acts, 24 & 25 Vict, c. 21 ; 24 & 25 Vict. c. 91 ; 25 & 26 Vict. c. 22; 25 & 26 Vict, c. 38 ; 26 & 27 Vict. c. 33 ; 27 & 28 Vict. c. 18 ; 43 & 44 Vict c. 20, followed the analogy of the Beerhouse Acts, and not of the Alehouse Acts. At last the Wine and Beerhouse Acts, 1869, 1870, 32 & 33 Vict. c. 27 ; 33 & 34 Vict. c. 29, were passed, with a view to supplement the conspicuous deficiency of the Acts as to beer- houses, wine and refreshment houses, by requiring thereafter a certificate from justices for the sale of aU intoxicating liquors by retail, and which certificate was tantamount to the alehouse license granted by justices, though not identical in aU respects. One or two other retail licenses not included in the Beerhouse or Wine Licenses Acts were also included in the Wine and Beer- house Act of 1869, and treated in the same manner^so £ar, at least, as to require in all the cases a justices' certificate as a preliminary condition. It may be also added that, in addition to the four groups of statutes already mentioned, there was a separate group which dealt with the closing of all such houses on Sundays and to some extent also on week-days during the night. These Acts at first applied to all licensed houses, but now are confined to refresh- ment houses which do not supply intoxicating liquors. The Licensing Act of 1872, while repealing entirely the Sunday Acts, as regards all houses licensed to sell liquor, though not as regards refreshment houses where no intoxicating liquor is sold. INTRODUCTION. XXXV and substituting new provisions as to Sunday, Christmas Day, and Good Friday, left a considerable portion of all the other Acts untouched. It introduced more uniformity into the management of houses, by requiring a justices' license or certificate (these being now practically convertible terms) substantially in all cases where intoxicating liquor is sold by retail. Numerous miscel- laneous offences connected with such management were singled out for separate treatment, and the punishment generally was increased. In an Act of that kind, however, which was not a corisolidating Act, but was designed merely to supplement the more important deficiencies of former Acts, the process of recast- ing and moulding anew the enactments had been attended with some losses and anomalies which were almost inevitable, and these were further increased by the necessity of references and cross-references between so many statutes, from each of which the others borrowed something. The Licensing Act, 1874, did not attempt to disturb the settle- ment contained in the Act of 1872, but merely corrected one or two anomalies which had attracted prominent notice, and added a few minor details supplementary to those in the prior Act. The leading provisions of the outstanding enactments as to the grant of licenses and certificates may be classed under the follow- ing heads, and wiU be found noticed in greater detail under the following references : — Publicans' licenses (new or old). Discretion unUmited. 9 Geo. 4, c. 61, s. 1. » II transfer. Discretion nnlimited. 9 Geo. 4, c. 61, s. 14. renewal. Discretion unlimited. 9 Geo. 4, c. 61 , s. 1. Licensing Act, 1872, s. 42. XXXVl INTRODUCTION. Beer license, new (off and on). Discretion nnlinuted. 9 Geo. 4, c. 61. 32 & 33 Vict. c. 27, s. 8. 33 & 34 Vict. c. 29, s. 5. 43 Vict. c. 6. 45 & 46 Vict. c. 34. » >» « » renewal (off and on). Discretion nnlimited. transfer (off and on). Discretion nnlimited. since 1869 (on). Discretion limited. 32 & 33 Vict. c. 27, s. 19. renewal and transfer (on). Discretion limited. Cider license, new (on) license. Discretion nnlimited. 32 & 33 Vict. c. 27, s. 8. renewal and transfer (on). Discretion nnlimited. new (off). Discretion limited. 32 & 33 Vict. c. 27, s. 8. renewal and transfer (off) license. Discretion limited. Wine license, new (on) license. Discretion nnlimited. 32 & 33 Vict. c. 27, s. 8. 11 renewal and transfer (on). Discretion nnlimited. new (off) license. Discretion limited. 32 & 33 Vict. c. 27, s. 8. renewal and transfer (off). Discretion limited. Spirits and liqueurs, new (off) license. Discretion limited. Licensing Act, 1872, section 69. 32 & 33 Vict. c. 27, s. 8. „ renewal and transfer (off). Discretion limited. Licensing Act, 1872, section 69. 32 & 33 Vict. c. 27, s. 8. 33 & 34 Vict. c. 29, s. 4. Sweets, new (off) license. Discretion limited. Licensing Act, 1872, section 74. 32 & 33 Vict. c. 27, s. 8. renewal and transfer (off). Discretion limited. new (on) license. Discretion nnlimited. Licensing Act, 1872, section 74. 23 Vict. c. 27, s. 7. 32 & 33 Vict. c. 27, s. 8. INTBODUOnON. XXXVU Sweets, renewal and transfer (on). Discretion anlimited. Valuation qualification — publicans* licenses since 1872. Licensing Act, 1872, section 45. >» »» »> »» since 1872 (on) beer, cider, wine, sweets. Licensing Act, 1872, sections 46, 47. if before 1872, beer and dder (on). 3 & 4 Vict. c. 61. 33 & 34 Vict. c. 29, s. 10. Licensing Act, 1872, sections 46, 47. if before 1872, wine and sweets (on). 23 Vict. c. 27, s. 8. Licensing Act 1872, sections 46, 47. beer and cider (off). 3 & 4 Vict. c. 61, s. 1. Licensing Act, 1872, sections 46, 47. Greneral annual licensing meeting for all new and renetoaX licenses, time of holding. 32 & 33 Vict. c. 27, s. 8. 9 Geo. 4, c. 61. 33 & 34 Vict. c. 29, s. 4. Transfer sessions, when held and cases entertained. 9 Geo. 4. c 61, ss. 4, 14. 33 & 34 Vict. c. 29, s. 4. Licensing Act, 1874, section 15. Petty sessions, temporary license between transfer sessions. 5 & 6 Vict. c. 44. Notices by applicants for new license. Licensing Act, 1872, section 40. 32 & 33 Vict. c. 27, s. 7. „ for transfer. Licensing Act, 1872, section 40. No notices for renewal licenses. Confirmation of all new licenses. Licensing Act. 1872, sections 38, 39, 43. Licensing Act, 1874, section 24. No confirmation for new (off) licenses. Licensing Act, 1874, section 24. Provisional grants. Licensing Act, 1872, section 60, Act 1874, s. 22. XXXVm INTEODUOTION. Kemoval grants. Licensing Act, 1872, section 50, Act 1874, s. 22. Six-day licenses. Licensing Act, 1872, section 49. Early closing licenses. Licensing Act, 1874, section 7. Excise temporary license. Licensing Act, 1872, section 53. Exemption orders. Licensing Act, 1872, sections 26, 29. Occasional licenses for other places. 24 & 25 Vict. c. 22, s. 13. 26 & 27 Vict. c. 33, s. 20. 27 & 28 Vict. c. 18, s. 5. „ licenses for fairs and races. 25 & 26 Vict. c. 22, s. 13. 26 & 27 Vict. c. 33, ss. 19, 21. 27 & 28 Vict. c. 18, s. 5. Licensing Act, 1874, sections 19, 20. No appeal to quarter sessions against refusal of new licenses. 35 & 36 Vict. c. 94, see Schedule. 37 & 38 Vict. c. 49, s. 27. Appeal as to all renewals and transfers of licenses and certificates. 9 Geo. 4, c. 61. s. 27. 32 & 33 Vict. c. 27, s. 8. 33 & 34 Vict. c. 29, s. 4. Closing on Sundays, ChristmavS Day, and Good Friday. 37 & 38 Vict. c. 49, ss. 3, 9. 44 & 45 Vict. c. 61 (Welsh). 27 & 28 Vict. c. 64 (Refreshment Houses). The various particulars relating to other details will be fonnd in the Index under tlieir appropriate heads.. THE LICENSING ACTS. INTOXICATING LIQUOR LICENSING ACT, 1872. 35 & 36 Vict. Cap. 94. AN ACT for Regulating the Sale of Intooncating Liquors. [10th August, 1872.] WHEREAS it is expedient to amend the law for the sale by retail of intoxicating liquors, and |]ie regulation of public-houses and other places in vdiieh intoxicating liquors are sold, and to make further profvision in respect of the grant of new licenses for the J9ale of intoxicating liquors, and the better prevention of dnmkenness. i Be it enacted by the Queen's most excellent Majesty, and with the advice and consent of the Lords spiritual ■ temporal, and Commons, in this present Parliament ibled, and by the authority of the same as follows : — Preliminary. 1. Short title.'] This Act may be cited as " The Sect L ►licensing Act, 1872." [ 2. Extent of Act.] This Act shall not extend to fieoUand. B 2 LICENSING ACT, 1872, S. 3. Sect. 3, 3. Prohibition of sale of intoxicating without license.^ No person shall sell or ex sale by retail any intoxicating liqnor withoi duly licensed to sell the same, or at any place i is not authorised by his license to sell the sam< person selling or exposing for sale by retail an^ eating liquor which he is not licensed to sell b or selling or exposing for sale any intoxicating at any place where he is not authorised by his li sell the same, shall be subject to the following p€ that is to say, — (1) For the first offence he shall be liable to a not exceeding fifty pounds, or to impri with or without hard labour for a t exceeding one month : (2) For the second offence he shall be lial penalty not exceeding one hundred po to imprisonment with or without hare for a term not exceeding three months may, by order of the court by whic tried, be disqualified for any term not ei five years from holding any license foi of intoxicating liquors : (3) For the third and any subsequent off shall be liable to a penalty not exceed hundred pounds, or to imprisonment without hard labour for any term not ei six months, and may, by order of the i which he is tried be disqualified for a: of years or for ever from holding anj for the sale of intoxicating liquors : . 35 & 36 vxoT. 0. 94, s. 3. 3 In addition to any other penalty imposed by this Sect. 3. Hidction any person convicted of a second or any snbse- iguent oflfence under this section shall, if he be the holder Hpf a license, forfeit such license, and in the case of a con- 'Viction of any oflfence under this section, the court may, 3f it think expedient so to do, declare all intoxicating Hqnor found in the possession of any such person as last aforesaid, and the vessels containing such liquor, to be fiorfeited. No penalty shall be incurred under this section by ihe heirs, executors, administrators, or assigns of any Uoensed person who dies before the expiration of his license, or by the trustee of any licensed person who is adjudged a bankrupt^ or whose aflFairs are Kquidated by arrangement before the expiration of his license in respect of the sale or exposure for sale of any intoxi- cating liquor, so that such sale or exposure for sale be made on the premises specified in such license, and take place prior to the special sessions then next ensuing, or (^ such special session be holden within fourteen days next after the death of the said person or the appoint- ment of a trustee in the case of his bankruptcy, or the Bqiddation of his affairs by arrangement) take place )^or to the special session holden next after such ■pecial session as last aforesaid. Sellmg liquors vnthout a license.] This section applies to jjll' pablic-houses, alehouses, houses included in the Wine and •Beamonse Acts, and all those requiring a justices' license. In iiasnB cases grocers or wine mercnants holding a wine dealer's Ifoense may sell wine by retail, not to be consumed on the » under an additional retail license, though having no license, being exempted under section 73 : Palmer v. ', 3 Q. B. D. 46 ; 47 L. J. M. C. 54 ; 37 L. T. 784 ; 42 J. P. 213. So as to spirit dealers in some cases, see notes to b2 4 LICENSING ACT, 1872, S. 3. Sect. 3. Clubs Supplying Liquors. IfOTE. section 73, post As to the evidence of sale, see section occasional neenses, see section 29, post, A dealer in liquors not hj retail requires no justices' 1 only an excise license ; and there may be a difficulty i whether a licensed dealer in wines and spirits who has ; other towns requires a license also for tlie place where takes orders : Stallard v. Marks, 3 Q. B. D. 412 ; 42 47 L. J. M. C. 91 ; 38 L. T. 566 ,• 26 W. R. 694. The : to be, that if the dealer keeps premises and stores elsei has an agent to take orders, he requires to be licensed 1 but if an agent elsewhere is not provided with premises orders at his own office, then the dealer need not have a the agent's address : Stuchberry v. Spemer, 51 J. P. 181 JmL. Kjm X41* As to alehouses, the o£fence of selling without a IJ dealt with by 9 Geo. 4, c. 61, s. 18. Under that section t was put on " selling, bartering, exchanging, or for vali sideration otherwise disposing of the lic[uor, or permitt things to be done. Here the offence is " selling or es sale only, and these words are not so extensive as th( 9 Geo. 4, c. 61, s. 18, which section is now repealed, tering or exchanging " will now be treated as m the nat under section 62, post, and so e(|ually within this pens punishment under this section is much more severe t 9 Geo. 4, c. 61, s. 18. Clubs supplying liquors.] The sale here meant is 8 as takes place between buyer and seller in ordinary si where there is a club or association of persons, such as a tion club, who buy liquor for the whole body, and then it among the members according to rules and bye-law own, this is not a sale : Graff v. Evans, 8 Q. B. D. 373 262 ; 51 L. J. M. C. 25 ; 46 L. T. (n.s.) 347. And for reason, if a limited company keep a club, and the director liquor and direct the manager or servant to distribute the members according to a fixed tariff, what he does is within the meaning of this section : Newell v. Hemingwa 324 ; 58 L. J. M. C. 314 ; 60 L. T. 544. If the club is on club, the person selling or distributing the liquor ma] to the penalty : Evans v. Hemingway, 52 J. P. 134. Wh is managed by a committee who give express instructic manager not to sell liquors to non-subscribers, and h( the committeemen will not be liable, though the mana^ so : Newmanv, Jonesy 17 Q. B. D. 132 ; 50 J. P. 373 ; 65 . 113; 55 L. T. 327. As to proprietary clubs the rule 35 & 36 VICT. 0. 94, s. 3. Void Licenses. Sect 3. it^ and the proprietor or any servant actuallv managing the ^qxr* nb would he deemed the person selling his own liquors witnout ^izeense. Selling rnider avoid license,] A distinction is drawn between Kficense which purjports on the &ce of it to be regular, and one iHiich is intrinsically void. Thus, where a justice of the petty tomfmiiil division only was authorised to grant an occasional license llder 25 & 26 Vict c 22, s. 13, to sell at other places than the ■By and a justice not of the proper division granted it, the iolder was held not liable for selling without a license : Stevens i Empsm, 1 Ex. D. 100 ; 40 J. P. 484 ; 46 L. J. M. C. 63 ; 33 fc T. 821. So an excise license granted without the overseers' ertificate, contrary to 3 & 4 Vict c 61, s. 2, was held not void, liough it would have been, if the holder was not the real resident older and occupier : Tlumpson v. Harvey, 4 H. & N. 254 ; 28 V J. M. C. 163 ; 23 J. P. 150. And where a license was pro- need^ but one of the signatures of the justices was suggested to be ngeo^ though not by the license holder, the justices rightly ifosed to admit evidence of forgery, and held the license valid : L V. Minshtd, 1 N. & M. 278. On the other hand, some licenses, though on the face of them igular, are treated as utterly void. Thus, a license granted to a BTSon who had been previously convicted of felony, though no ae but himself was aware of the felony, and a formal transfer had Ben subsequently obtained regularly by a third party, was held 3id in the hands of such third party : Viiu v. Leeds, R, v. Vine, . R. 10 Q.B. 195 ; 39 J. P. 213 ; 44 L. J. M. C. 60 ; 31 L. T. 842 ; } W* R. 649. So if a license is forfeited on conviction for using oaaaed premises as a brothel, it is void from that moment for aU dzpoBes : jB. v. TFest Ridmg JJ,, 52 J. P. 455 ; 21 Q. B. D. 258 ; 7 li. J. M. C. 103 ; 36 W. R. 258. So a license to a dead man tmld be void, and the executors would get into difficulties by newing in a dead man's name : Cowles v. Gale, L. R. 7 Ch. 12 ; t Ii. J.Ch. 14 ; 25 L. T. 524 ; 20 W. R 70. So a license granted f justices not at the general annual meeting, or an adjournment, roold be void : 9 Qeo, 4, c. 61, s. 13. And before that Act a oeaue jgranted by justices, sitting in private instead of in public, HB TQid: R. y. Downs, 3 T. K 569. Where. tiie parties, the iBtiees, and the excise, all acted on tiie notion that an enactment mB unrepealed, and a license was granted, the court held it void, otwithstanding the mistake : Pearson v. Broadbent, 36 J. P. 485. o a beer and wine license obtained by forgery would be void Ifi & 33 Vict c 27, s. 11), and licenses granted to persons who re declared to be disqualified (9 Geo. 4, c 61, s. 16 ; 1 WilL 4, , ei» B. 2 ; 35 & 36 Vict. c. 94, s. 30). 6 LICENSING ACT, 1872, S. 3. Sect. 3. Alteration of Premises. Note. An agreement of a licensed person. to sublet a Toom to unlicensed person to sell liquors therein, contrary to 9 Geo. 4,1 c 61, is contrary to public policy, and void : BUchie v. SmM, ii C. B. 462 ; 12 J. P. 822 ; 18 L. J. C. P. 9. I Selling in Remises which have been enlarged.J TMl case also sometimes arises where during the licensing yoKj the license holder has rebuilt his premises on a l^^raiteiiOKi annexed adjoining premises. In such a case the ELi^li Goail|| seldom interferes with the discretion of justices, and considers thfti it is for justices on the occasion of a renewal, or of a proaecnluu under this section, to determine whether the altered or enlugel | premises are substantially the same as the original premises, and 1 whichever way the justices determine, the High Coiit declines to interfere, even though the premises have been doubled in sua : E. V. Smith, 31 J. P. 259 ; 15 L. T. 178 ; R. v. SampsMre, BallamJ. Wiltshire, 44 J. P. 72 ; R, v. Raffles, 1 Q. B. D. 207 ; 40 J. P. 68j 4ft L. J. M. C. 61 ; 34 L. T. IjBO; 24 W. E. 536. A license holder, fifcl other traders, may enlarge and improve his premises at his own discretion, subject to the risk of the justices treating the alteratioos_ | as substantial when a renewal is applied for : R. v. ^kes or Strikgit ' V. Huddersfield, 1 Q. B. D. 52 ; 40 J. P. 22 ; 45 L. J. M. C. 39 ; » L. T. 568. And the High Court has refused to interfere evm where he was convicted of selling in the annexed premises « being a selling there without a license : Mahon v. GcmeUf 42 J. P« 583. See further, section 74 and notes, post. Hawking and selling spirits.] If any person hawks, selli^or. exposes to sale anv spirits otherwise than on premises for whull he is licensed to sell spirits, he shall incur a fine of lOOZ., and tibs spirits shall be forfeited. In default of payment of the fine oft' summary conviction, the offender shall be imprisoned with OC without hard labour. Any person may arrest a person found committing an offence against such section : 43 & 44 Vict c. 8^ . 8. 146. Aid a like penalty is incurred for knowingly sellinff or delivering spirits to the end that they may be unlawfully retukd or consumed : Ibid. s. 147. And the same penalty is incuzxed if any person receives, buys, or procures any spirits m>m a penon not having authority to sell or deliver the same : Ibid, s. 148L The punishment.] The forfeiture of the license on a seoond or subsequent offence is not a matter of discretion in the justioeai On the t^ird offence, as the term of imprisonment exceeds thzei months, the defendant may demand a trial by jury under the Summary Jurisdiction Act, 1879, 42 & 43 Vict c. 49, s. 17.. Th^ 35 & 36 VICT. c. 94, s. 3. \ Punishment for Unlicensed Selling, Sect 3. pBeviotis eonviction may be proved by a certified extract from the Notb. KgiBter kept by the clerk of the convicting court : 42 & 43 Vict. «, 49, B. 22. See notes to section 51, post The forfeiture of liquor and of the vessels is discretionary in the jnetiees on any conviction under this section. Before, however, tbe liquor found in possession can be forfeited, it seems an oppor- tunity must be given to the person convicted to show cause, for tiieie may be good reason for the liquor not being forfeited'as being VQUBt to third parties : GUI v. Bnght, 41 L. J. M. C. 22 ; 25 L. T. (h-B.) 691 ; 20 W. R 248 ; 36 J. P. 168. And for a like reason tlie justices may well refuse to decide anything as to this matter of fnfeitare. The disqualification of the convicted person on a secwid or subse- Siient offence must be ordered by the court which adjudicates on be offence, and at the time the penalty or imprisonment is awarded, and ifl discretionary in the court. A second offence means a second under the Licensing Acts, and hence the justices were held to act without jurisdiction who treated one offence against this section, Qoapled with another prior offence against the excise enactment in 4 ^ 5 WilL 4, c. 85, s. 17, as a second offence : lie AiUhers, 53 J. P. 116 ; 22 Q. B. D. 355 ; 58 L. J. M. C. 62 ; 37 W. R 320. Notice of the forfeiture and disqualification must be sent by the derk of the court to the licensing officer of the district, and to the olerk of the justices (if a different person), along with the forfeited license: see section 55, post. The imprisonment authorised by this section as the alternative poniahment does not mean an imprisonment in default of payment of any penalty imposed, for if a penalty be imposed there must be in the conviction the usual clause of distress before the imprison- ment can be directed : Be Clew, 8 Q. B. D. 54 ; 51 L. J. M. C. 140 ; 46 J. P. 634 ; 46 L. T. (n.s.) 482 ; 30 W. R 704. And the pro- oednre mentioned in section 51 of this Act before it was repealed did not apply to imprisonment when made the alternative punish- ment for tnis offence : Re Brown^ R, v. Newcastle J J,, 3 Q. B. D. 545 ; 42 J. P. 598 ; 47 L. J. M. C. 108 ; 38 L. T. 682 ; 26 W. R. 757. The defendant may appeal to quarter sessions against the immisoninent under section 52, post The mode of enforcing the penalty hereby imposed is set forth in 11 & 12 Vict c. 43, s. 19, supplemented by 42 & 43 Vict. c. 49, 8. 21, namely, by distress, and it it appear that there are no goods oar insufficient goods, or it would be injurious to distrain, then, instead of issumg warrant of distress, by commitment to prison ^without hard labour according to ihe scale of term set forth in 42 & 43 Vict. c. 49, s. 5, the maximum term being three months. See Act 1872, s. 51, post. 8 LICENSING ACT, 1872, S. 3. Sect 3. Selling without Excise License. Note. Selling by retail] The Alehouse Act, 9 Geo. 4, c. 61, di{ , not define what is meant by selling by retail, and this Act W^\ no definition of that expression beyond what is containea m\ section 74, posty and which in effect says that that ezpresaion shiD have the meaning which any of the Liquor Acts has aaaigned to it in reference to the particular kind of liquor. That seottA: seems to extend to alehouses the definition contained in 4 ft f ^| WilL 4, c 85, s. 19, post, and confined formerly to beerhouse^n therefore whenever beer, cider, or perry is sold in a less qnantilf 4 than four-and-a-half gallons it will be a selling by reteiL M? regards spirits, the sale of spirits in any quanti^ less than tvo'^ faLlons, or one dozen reputed quart bottles shall be deemed nb ^retail: 43 & 44 Vict. c. 24, ss. 102, 104 A selling of fim^i wines in less quantity than two gallons or in less than one doMt reputed quart bottles at one time, shall be deemed to be a aeUiflg by retail : 23 Vict. c. 27, s. 4. And so is a selling of sweets ii those quantities : 26 & 27 Vict. c. 33, s. 18. These quantities trill apply to public-house keepers when selling the same hquors. Sweeli are also said to be sold wholesale if sold above two galloiis cv one dozen quarts : 11 & 12 Vict c. 121, s. 9; 23 & 24 Yict c lU^ s. 7. Sweets or made wines mean any liquor made by feimeBlik- tion from fruit and sugar, or from fruit or sugar mixed with was other material : 23 & 24 Vict c. 113, s. 21. And sweets indnoi made wines, mead and metheglin: 33 & 34 Vict. c. 5K9, s. 9; 43 & 44 Vict. c. 20, s. 40. Moreover, all persons making eiitl|' I at the excise office as alehouse keepers, victuallers, or letaOA are deemed sellers by retail of such liquors to all intents aaft purposes : 35 Geo. 3, c. 113, s. 9. Selling vdthout excise license,] As to beerhouses not hoUte excise licenses the former enactments on this subject W6m 1 Will. 4, c. 64, s. 7; 4 & 5 Will. 4, c. 85, s. 17, and as to wild- houses the enactment was 23 Vict. c. 27, s. 19, neither of jrtSA is repealed expressly. Those enactments will still apply to ths houses which have no excise license, while the present entA^ ment will apply to such houses for which no justices' ceitifiorts has been obtained; but these, of necessity, must, under 32 ft SI Vict c. 27, s. 4, be now always found co-existing. The j^en iMss in those sections are thus concurrent, and do not interfere wA this third section of the Licensing Act, 1872, or with the 6th and 6th sections, subject to this, that a person cannot (by sectkn 59) be punished under both Acts. Ajid the appeal to qnszler sessions against a conviction for selling without an excise lioaus is now held to be regulated by the Summary Jurisdiction Aoli like ordinary appeals under this Act : R. v. OlanwrgcuUkin f 61 J. P. 294; 22 Q. B. D. 628; 68 L. J. M. C. 93. 35 & 36 VICT. c. 94, s. 3. 9 Death, dc, of License Holder. Seek 3. if the justices' license is void under any provision of this jjZ^ 16 excise license becomes void also, ^e section 63, pod. I and spirits are on the same footing as wine : Licensing Act, lections 69, 74 ^,ent of third section,] This section seems to apply to who sell anywhere bv retail (that is, in the small quan- kbove referrea to), any kind of intoxicating liquor without a I or certificate for that li<][uor, or who, though licensed, sell lace not covered by their license, and for which the owner tany occasional license: Licensing Act, 1874, s. 17. There e often a difficulty in deciding whether an offence comes . the 3rd or 5th or 6th sections. See notes to those sections. liny by executor or trustee of licensed person.] ast paragraph in this section is a re-enactment of the > in 9 Geo. 4, c. 61, s. 18, now repealed, but is not identical page. Nor is it identical with the similar enactment as to Lcenses in 23 Vict c 27, s. 12, and beer licenses in 3 & 4 ;. 61, 8. 8, which were excise licenses only. This enactment B to certificates for all the houses included in the Wine serhouse Acts, and the sale of spirits and liquors by retail isumption off the premises, also the sale of sweets as well as house licenses, and provides for the temporary interval in death or bankruptcy of the licensed person, and the ition of the personal representative or trustee to the next . transfer sessions under 9 Geo. 4, c. 61, s. 14 But the tion from the penalty is confined under this section to the ses of death and bankruptcy of the licensed person during crency of his license or certificate. The exemption will not ae after the next special sessions or the next after, though [ not be necessary to obtain during that interval any ement at petty sessions. As to all the other causes of ir mentioned in 9 Geo. 4, c. 61, s. 14, it will be necessary to indorsement at petty sessions, until the next special sessions, er to exempt the transferee or succeeding occupier from 108 : 5 & 6 Vict. c. 44, s. 1. By the 3 & 4 Vict. c. 61, s. 8, \ Vict c. 27, s. 12, the executor is entitled to enjoy the excise I for the rest of fhe yearly term without further payment. I most be taken not to renew a license in the name of a nan: Cinoles v. Gales, L. R. 7 Ch. 12; 41 L. J. Ch. 14; 25 584; SOW. R. 70. sre a licensee became bankrupt, and by the covenant of his ras bound on its determination to assign the license to the it was held that the license was not "property" of the and did not pass to the trustee, but ought to be assigned lessor : Be BrUnor, 46 L. J. Bk. 85 ; 25 W. K 560. 10 LICENSING ACT, 1872, S. 5. Sect. 4. 4^ Occupier of unlicensed premises liable for sale of liquor.^ The occupier of any nnKceiised pre*^ mises on which any intoxicating liquor is sold, or if premises are occupied hy more than one person, eyefj] occupier thereof, shall, if it he proved that he was prh or consenting to the sale, he snhject to the penali imposed npon persons for the sale of intoxicating liquoil] without license. This section deals separately with all occupiers of houees nfl^j licensed, in which liquors are sold by third parties without license^ j if such occupiers are aware of the fact. The previous section in-. 1 eludes occupiers who sell without a license as well as non» occupiers ; out there may be a few cases where the occupief »j not tne person who sells, though he allows anotiier to selL an consents to his selling, in which event both are to be punifllldM aUke. •' This section supersedes what was provided for in the repeaUl^ 18th section of 9 Geo. 4, c. 61, as to persons permitting unlicennA'] selling, and it was held that any agreement of a licensed penui. i to allow an unlicensed person to seU in part of his premises, im contrary to public policy and void : Ritchie v. Smith, 6 C. B. 4flS» 12 J. P. 822 ; 18 L. J. C. P. 9. The Excise Act, 35 Geo. 3, c lU^' 8. 1, which also prohibits persons permitting unlicensed selling tl' one's house, outhouse, yard, garden, orchard, or other place, uudflf a penalty of 20^. seems still in force. 5. Seller liable for drinking on premises coi^ trary to liceiise.^ If any purchaser of any intoxicating liquor from a person who is not licensed to sell the same! to he drunk on the premises drinks such liquor on tfai premises where the same is sold, or on any high'waf adjoining or near such premises, the seller of suoIl liquor shall, if it shall appear that such drinking UrBB with his privity or consent, he subject to the following penalties (that is to say) : — For the first offence he shall he liable to a penalty not exceeding ten pounds ; 35 & 36 VICT. c. 94, s. 5. 11 ^ For the second and any subsequent offence lie shall _ F • be liable to a penalty not exceeding twenty pounds. '^ For the purposes of this section the expression " pre- E^amses "where the same is sold" shall include any premises li^Uijoining or near the premises where the liquor is sold, idtf belonging to the seller of the liquor or under his control^ or used by his permission. [Any conviction for an offence under this section shall be recorded on the license of the person con- Ticted.] This section and tlie next are enactments snpersecling corres- ponding sections in previous Acts, 4 & 5 Will. 4, c. 85, s. 4 ; 3S & 33 Vict c. 27, s. 14; 33 & 34 Vict. c. 29, s. 6, and much difficulty has hitherto been felt in meeting the offences aimed at, as was seen in Cross v. Watts, 13 C. B. (n.s.) 239 ; 27 J. P. 18 ; 32 L. J. M. C. 73 ; 7 L. T. 463 ; 11 W. R. 210 ; Deal v. Schqfield, L. K. 3 Q. B. 8 ; 32 J. P. 181 ; 37 L. J. M. C. 15 ; 17 L. T. 143 ; 16 W. R. 77; 8 B. & S. 760. The word "not" in the second line was probably intended to be put before "to be drunk" in that line. A person " not licensed to sell liquor to l)e drunk on the premises may mean either a person who has no license at all of any kind, or one who has a license to sell liquor, but only " liquor not to be drunk on the premises." The enactment seems to have heen intended to meet this latter case only, and hence the word **not" is misplaced. The present section is confined entirely to the circumstances desciibed in- the first four lines, wluch collectively constitute a condition precedent to the offence. (1) The premises on which ■ the liquor is drunk must be premises on which the person selling liaa no license to sell the same in order to be drunk on such pre- mises ; (2) The sale must be on such premises ; and (3) The liquor must also be drunk on the premises, or on a highway near stich premises, or in a third party's premises adjoining or near, it imder the seller^s control. These conditions existing, the seller of such liq^uor is to be liable to penalties, but only if he was privy or consentmg to such drinking. If the liquor is taken to neigh- bouring premises (not being the seller's) a few yards distant and drank on such premises and partly on the highway, this cannot be treated as an offence with the seller's privity: Bath v. White, 3 C. P. D. 175 ; 42 J. P. 375 ; 26 W. R. 617. LICENSING ACT, 1872, S. 5. Tlie consent or privity must refer to some premises aa tlie seller's consent would be matter of legal right, for ] not be said to consent to something he cannot prevent or Hence, if, for example, the field of a third person a4i« house, and if the seller has no interest in it, and the pi gets into the field and there drinks the liquor, it will be t to hold that he did so with the privity or consent or pec of the seUer, since the seUer will not be able either to nve away the permission to go into another's fidd. Sud^ a « this seems not covered by this section. If the last para^ section 6 had been applicable to the 5th section, this cufi would have been met Another difficulty may arise when the man who purcha» liquor does not drink it himself, but hands it over to a person, who drinks it on the premises or near them ; the pG seems not to apply in such a case. The justices may, hovi in such a case, hold that the real purcliaser was the one drank the liquor, and the other, or nominal purchaser, was ^ent, if the facts warrant the inference ; for, under section the consumer is primd facie a purchaser. And this view ' acted on as to an ofifence under section 13, vost : Scatchard Johnson, 52 J. P. 389 ; 57 L. J. M. C. 41. And the seller may liable under the 3rd section. This penalty seems to be cumulative to that mentioned in t ■3rd section, imless the construction above suggested is adoptc viz., that it applies only to persons having a license of some kitt for otherwise it would be somewhat singular that a perBon wi sells liquor on premises without a license will be liable on pre of those facts alone to the heavy penalties of the 3rd section, ai jet, if the same person, in addition to the above fiacts, let ti Surchaser drink the liquor on the premises, he would on]j I able to the much milder penalties of the 5th section. It seems that there is no penalty incurred by a purcliaser wl iqgainst the will of a licensed person (whose license is only to • liquor '< not to be consumed on the premises "), insists on diinldl the liquor on such premises immediately after buving it ; thooj he may in some cases be brought withm the 18th section. T •above 5th section seems intended to prevent any encoorageme beinc given to such purchasers, who, if not checked, might pn tically turn a house which was not licensed for consumption < the premises into one which was so licensed. The part loithin brackets was repealed by Licensing Act, 181 section 33, but see that Act, section 13. The justices may ord ihiB conviction to be recorded. 35 & 36 VICT. G. 94, s. 6. la 6. Evasion of law as to drinhing on premises Sects. contrary to license.^ If any person having a license to sell intoxicating liquors not to be drunk on the pre- mises, himself takes or carries, or employs or suffers any other person to take or carry, any intoxicating liquor out of or from the premises of such licensed person for the purpose of being sold on his account, or for his benefit or profit, and of being drunk or consumed in any other house, or in any tent, shed, or other building of any kind whatever, belonging to such licensed person, or hired, used, or occupied by him, or on or in any place, whether enclosed or not, or whether or not a public thoroughfare, such intoxicating liquor shall be deemed to have been consumed by the purchasers thereof on the premises of such licensed person, with his privity and consent, and such licensed person shall be punished accordingly in manner provided by this Act. [Any conviction for an offence under this section shall be recorded on the license of the person convicted.] In any proceeding under this section it shall not be necessary to prove that the premises or place or places to which such liquor is taken to be drunk belonged to, or were hired, used, or occupied by the seller, if proof be given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the conditions of his license. This section seems to be an attempt to explain more fully the circumstances which will amount to the offence described in sec- tion 6. It attempts to punish any evasion of the statute which oonslBts in allowing people to drink liquor on other premises, for the profit of the seller, when the license is one for the sale of liquor " not to be drunk on the premises." It seems to prevent the holder of a particular license doing substantially the very ihhig which his license forbids ; for if his customers could drink 4 LICENSING ACT, 1872, S. 6. >ect. 6. ^^^ liquor in the iinmediate neighbourhood the house woTili — - ' used practically in the same way as if licensed for consumj Note, on the premises. This section is confined to cases where the seller has a lu " not to be drunk on the premises/' and the liq^uor is conao in some other premises, or building, but sufficiently near t used as if they were the same premises. The words at the end of the first para^aph, " shall be pun: accordingly in manner provided by this Act," must mean the penalties incurred are those in the 5th section. See not that section. The whole section seems not to apply to the case wher liquor was sold before leaving the premises, but only where i not then actually sold and was taken to be hawked or to be » some neighbouring place. If, for example, a previous orde given for liquor to be sent to premises this would be. a 1 sale except where the liquor was understood to be drunk section 5. To make out the offence, the liquor must have sold for the profit of the licensed person, and the place of inti consumption of the liquor must have been in contemplati the seller before the consumption was effected. The pli consumption may be, (1) Any tent, shed, or other building the licensed place, if belonging to or hired or used by the s and primd facie proof of hiring or using will be the fact ( consumption in such place, with the seller's knowledge or is but this iprimd facie evidence may be contradicted ; (2] place of consumption may also be " any place, whether enl or not, and whether or not a public thoroughfare." As words would primd fa^ie include the whole world, there nw necessity be some implied restriction. The highway obviously be adjacent to the house, or within view of the 1 otherwise the connection between the sale and consumptio] be too remote. The "enclosed place" cannot include the chaser's own house, or tent, or shed, otherwise the liquor ; could in any conceivable place be legally consumed. ' where the purchaser's premises adjoin, his drinking the obtained on the highway close to his own premises, as as to the licensed premises, is no offence : nath v. Wh C. P. D. 175 ; 42 J. P. 375 ; 26 W. R. 617. The liquor need not be the same as that which the license authorises to b€ As to proof of consumption, see also section 62, posL With regard to the proof mentioned in the last parag that the liquor was taken to be consumed therein, t.c., on premises, the only reasonable construction seems to be, that i intended by the seller that the liquor should be ta^en b 85 & 36 vipr. o. 94, s. 7. 15 for the purpose of consuming it on premises which, S6€k o. to this section, must be deemed equivalent to the seller's Notb. uses, and thus of doing what the statute meant to pro- he liquor must have been taken " with intent," and the ist mean " the intent of the seller," for the buver may, « of the seller, drink it on the premises, and tne seller t be held liable ; at least, if he had no reasonable m that this defiance of law would be perpetrated there. xt witMn brackets was repealed by Licensing Act, 1874, |, but see that Act, section 13. The justices may order iction to be recorded. 'Sale of spirits to children.'] Every holder of B who sells or allows any person to sell, to be 3d on the premises, any description of spirits to 3on apparently nnder the age of sixteen years, liable to a penalty not exceeding twenty shillings Srst offence, and not exceeding forty shillings for nd and any subsequent offence. an application of the enactment 2 & 3 Vict c. 47, s. 43 ealed by this Act, and formerly confined to the metro- >olice district), to England. In the city of London a lactment still seems to be in force (2 & 3 Vict c xciv. i applicable to all excisable liquors. L 50 Vict c. 56, ^05^ (which is to be construed as one with fiing Acts 1872 and 1874), section 1, every holder of a 'ho knowingly sells or allows any person to sell any »n of intoxicating liquors to any person imder the age of years for consumption on the premises by any person .ch age as aforesaid, shall be liable to a penalty not ; 208. for the first ofifence, and not exceeding 40a. for the id any subsequent offence. tiie first enactment it is immaterial who consumes the CTnder the second enactment the liquor must be con- L the premises by some person under thirteen* Olds " any person apparently under the age of sixteen ave it to the discretion of the justices to &id that fact, living at their conclusion, they may be guided by the f witnesses, as well as their own judgment, though their ' will be sufficient. If, at the hearing, it be jjroved that^ [yparently under sixteen, the person is above sixteen, then «s will not be justified in convicting : but such a ground 16 LICENSING ACT, 1872, S. 7. Sect. 7. would not be suf&cient for quashing a conviction after it 1 — once made on the best judgment tne justices could anil Note, h^q time being. With regard to any kind of liquor sold to a peno thirteen, in order to convict the nolder of the ucenf manager, he must be proved to have knowingly sold person ; that the person is under thirteen years of age ; ai was for consumption on the premises by a person undei (not necessarily the same person under thirtieen). As tc age under thirteen, it seems that the jurisdiction to con not depend on the mere fact of the age, but, as in tb enactment, on the apparent age, or, in other words, H ledge of the license holder or manager as to that fact. 1 of both enactments seem not to throw the risk of findin age on the licensed person as in sections 13 and 16. Sec those sections. 8. Sale to be by standard measv/reJ\ person shall sell all intoxicating liquor which is retail and not in cask or bottle, and is not s( quantity less than half a pint, in measures according to the imperial standards. Every person who acts or suffers any persoi his control or in his employment to act in contra of this section shall be liable to a penalty not exc for the first offence, ten pounds, and not exceed any subsequent offence twenty pounds, and shall liable to forfeit the illegal measure in which th< was sold. The penalty in this section is incurred only by the pei sells or suffers his servants to sell and act in contravt the section. There may be cases where the keeper of ti shows successfully that he did not suffer his servants 1 measures not marked, as where the servant has, in disi his orders, so sold. This penalty will apply to unlicense as licensed persons selling, and is a cumulative penalty, lican who uses earthem mugs, and serves customers wi impliedly represents them to be of imperial measure, an are unstamped they will be liable to seizure i R, y. A 35 & 36 viOT. 0. 94, s. 9. 17 ^. ^C. 129 ; 3 R & R 668 ; 25 J. P. 69 ; 3 L. T. 699 ; 9 Sect. 8. .B. 278; WcukingUm v. Ymmg, 19 L. J. Exch. 348 ; 6 Ex. «^^ — HL B\it where tlie customer asks for a glass or other quantity -wOTl, lleli is not a known legal measure of capacity like a half pint, Jin no offence will be committed by the seller whatever may be to capacity of the glass. The Act must be literally complied Ml whenever a legal denomination of measure is the tning BUUided, and that measure is more than half a pint. Khe forfeiture of the illegal measure is discretionary in the tices under this section. ^ Addyv. Blake, 19 Q. B. D. 478 ; 51 J. P. 599 ; 56 L. T. 711 ; W, R 719, B. went into a licensed house of A. and asked for Int of beer. A. went into a back parlour, poured the liquor ) a stamped measure not seen by B. and then into a jug and vered the jug to B., and the court held that this was not a Ing by imperial measure, as the measure was not seen by B., tnerefore A. had committed tbe offence under this section. "he Weights and Measures Act, 41 & 42 Vict. c. 49, s. 22, does subject any one to a fine if the vessel is not represented as taining any amount of imperial measure, or if he aoes not use atend to use it as a measure. But every measure of capacity 1 have the denomination thereof stamped on the outside of 1 measure in legible figures and letters (section 28). A sore stamped by an inspector is a l^al measure (section 45). leasure for liquids partly of ^lass and partly of metal or other rrent medium may have tne capacity indicated by a level wn through the transparent part ^section 46). The in- jtor, if authorised in writing by a justice of the peace, may »ect measures and seize unjust measures, and to refuse exami- xm. is subject to a fine of bl, (section 48). All appeals against netions under the Weights and Measures Act are now regu- i by the Summary Jurisdiction Act, 47 & 48 Vict. c. 43, id. See notes to section 52 of this Act, jpost. ^. Fenalty on internal comrrmnication hehoeen msed premises and house of public resort.'] vcy person who makes or uses, or allows to be le or used, any internal communication between any used premises and any unlicensed premises which used for public entertainment or resort, or as a eshment house, shall be liable to a penalty not ex- LICENSING ACT, 1872, S. 10. ict. 9. ceeding ten pounds for every day dnring which commnnication remains open. In addition to any penalty imposed by this any person convicted of an offence under this shall, if he be the holder of a license, forfeit license. A similar enactment and more extensive is in the Metro]^ Police Act, 2 & 3 Vict. c. 47, s. 46, and the City of London 2 & 3 Vict. c. xciv. s. 29. This penalty is imposed on the occupier of the unliceimdj well as of the licensed premises. There seems no reason, why ' internal communication should be large enough to allow to pass through. A place of public resort may be any ordinary shop ; it mtj an auction room : Sewell v. Taylor, 7 C. B. (n.s.) 160 ; 29 U M. C. 50; 1 L. T. 37 ; or a cricket ground : Tv/nmUl v. AmMmt 45 J. P. 69; or a railway platform: Ex parte Dams, 2 H. & 1n . VKHii 26 L. J. M. C. 178 ; 21 J. P. 280. A place of public entertainment may be a public fJAnrfug x«m% or music room, or theatre, as to which see notes to sectloii \4% post As to what is a refreshment house, see 23 Vict c 27, & ^ ill notes, post The forfeiture of the license of the licensed person, conrietedll imperative, or rather follows on the conviction by operati<Mi d the statute ; and the justices have no discretion in the mnttir As to the effect of it, and as to how the landlord may protect falBp self against the consequences of a conviction for this offence dim tenant, see Licensing Act, 1874, section 15, post This section does not interfere with the natural right of HBf licensed person to enlarge his premises by addmg other piendm so long as both are used as one house. See section 74 and notak 10. Penalty on illicit storvng of liqvor.'] If any licensed person has in his possession on the jx^ mises in respect of which his license is granied| any description of intoxicating liquor which he is not authorised to sell, unless he shall account for the poft^ session of the same to the satisfaction of the court bf 35 & 36 VICT. 0. 94, s. 11. 19 -which he is tried, he shall forfeit such liquor and the Sect 10, vessels containing the same, and shall he liahle to a penalty not exceeding for the first offence, ten pounds, and not exceeding for any subsequent offence, twenty pounds. This section is confined to the case of a person being licensed to «ell only some kinds of liquor and having a different kind of liquor in his premises, in which case, unless he can account for the possession of such last-mentioned liquor, he will incur the penalty. If, for example, a beerhouse keeper has a cask of spirits or wine in his premises and is summoned under this section, it will be for the justices to judge whether the cask of wine or spirits was for his own personal use only, as it may well be. The justices must decide whether his account is only a pretence. In any event he must have an opportunity of giving his account of the matter before the liquor is forfeited : Gill v. Bright^ 36 J. P. 168; 41 L. J. M. C. 22; 26 L. T. (n.s.) 691; 20 W. R. 248. A power to search for liquors not only in licensed premises, but in any place where such hquors are not authorised to be sold is given by the Licensing Act, 1874, section 17. See notes to that section. See also enactment as to wine seUers having spirits in their premises, 23 Vict. c. 27, s. 25, post, 11. Names of licensed persons to be affixed to premises.^ Every licensed person shall cause to be painted or fixed, and shall keep painted or fixed on the premises in respect of which his license is granted, in a oonspicuous place and in such form and manner as the [licensing justices] may from time to time direct, his name, with the addition after the name of the word "Ucensed," and of words sufficient, in the opinion of the said [justices] to express the business for which his license has been granted, and in particular of words expressing whether the license authorises the sale of intoxicating liquor to be consumed on or off the pre- mises only, as the case may be ; and no person shall c2 20 LICENSING ACT, 1872, s. 12. Scctll, have any words or letters on his premises importing that he is authorised as a licensed person to sell any into2> eating liquor which he is not in fact dnly authorised to sell. Every person who acts in contravention of the provisions of this section shall be liable to a penalty not exceeding for the first offence ten pounds, and not- exceeding for the second and any subsequent offence twenty pounds. The -words within brackets were inserted by the licensmg Ad, 1874, section 28. This section makes it the duty of the party licensed to apply to the licensing justices for information as to -what form and TnftT>TM*r of publication they have directed. But if none is diiectedy eadi party is nevertheless forbidden to state that he sells any kind of uquor -which he is not in fact authorised to sell, and he will inear the penalty for this mis-statement alone. It will be for tibie justices to decide, as matter of law, whether the words or IcftteiB ''import" that the person sells other liquors than he is entitled to do. In general before conviction the person is entitled to notice from the justices, who should lay down some general role on 1^ subject, clear and minute, so that parties may be able to comply with it. Should the license be a six-day license, there must he words indicating that such license is for six days only. See sec- tion 49, post. And if the license is an early closing license thie must be stated. See Act, 1874, section 7, post. The not keeping up of the name and license is a continuing offence. The obligation to " keep fixed " implies the duty to renew the words if defaced. As to who are the licensing justices in this and other sectioii% see section 74 (definition of tnose words) and notes tJieieon ; alee Act, 1874, section 6, and notes. Offences against Public Order. 12. Penalty on persons found drunh.'] Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty not exceeding ten shillings, and on a second conviction within a 35 & 36 VICT, 0. 94, s. 12. 21 period of twelve months shall be liable to a penalty Sect 12. not exceeding twenty shillings, and on a third or sub- sequent conviction within such period of twelve months be liable to a penalty not exceeding forty shillings. Every person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous or disorderly behaviour, or who is drunk while in charge on any highway or other public place cf any carriage, horse, cattle, or steam-engine, or who is drunk when in possession of any loaded fire-arms, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or, in the discretion of the court, to imprisonment, with or without hard labour, for any term not exceeding one month. Where the court commits any person to prison for non-payment of any penalty under this section, the court may order him to be imprisoned with hard labour* This section applies to premises having an occasional license : licensing Act, 1874, section 20. By section 60 a justice who is a brewer, &c., may take part in the dispoeal of cases under this section if the offence do not relate to premises in which he is interested as defined by that section. The statute 21 Jas. 1, c. 7, as to drunkenness, being repealed by the second schedule, this section is now the general enactment dealing with the punishment of drunkenness. Ptthlic place."] The words " or other public place, whether a building or not," coming after the word " highway," confine this offence to a highway, or a street, or a buildmg like a market or pier, where the public have a right to be. The words " public place " have be^i held to include a railway carriage while carrying pas- sengers: Langruhv. Archery 10 Q. B. D. 44; 47 J. P. 295; 47 L. T. 548* The description of place here given is not (][uite so extensive as the words ^ place of public resort," used in section 9, which have been held, for example, to include a railway station : Ex parte I>avu, 2 H.&N. 149; 21J. P.280; 26 L. J. M. C. 178; a house where an auction was held: Sewell v. Taylor, 7 C. B. (n.s.) 160; 14 LICEli^SING ACT, 1872, s. 6. Sect. 6. *^® liquor in the immediate neighbourhood the house would be — - ' used practically in the same way as if licensed for consumption Note, on the premises. This section is confined to cases where the seller has a license " not to be drunk on the premises," and the liquor is consumed in some other premises, or building, but sufl&ciently near to be used as if they were the same premises. The words at the end of the first paragraph, " shall be puniahed accordingly in manner provided by this Act," must mean that the penalties incurred are those in the 5th section. See noteis to that section. The whole section seems not to apply to the case where the liquor was sold before leaving the premises, but only where it was not then actually sold and was taken to be hawked or to be sold in some neighbouring place. If, for example, a previous order was given for liquor to be sent to premises this would be. a lawfdl sale except where the liquor was understood to be drunk as in section 5. To make out the offence, the liquor must have been sold for the profit of the licensed person, and the place of intended consumption of the liquor must have been in contemplation of the seller before the consumption was effected. The place of consumption may be, (1) Any tent, shed, or other building than the licensed place, if belonging to or hired or used by the seller ; and primd facie proof of hiring or using will be the fact of the consumption in such place, with the seller's knowledge or intent ; but this primd facie evidence may be contradicted ; (2) The place of consumption may also be " any place, whether endoaed or not, and whether or not a public thoroughfare." As theee words would frimd fa^ie include the whole world, there must of necessity be some implied restriction. The highway rastk obviously be adjacent to the house, or within view of the hoai& . otherwise the connection between the sale and consumption niB'r be too remote. The "enclosed place" cannot include the pup- chaser's own house, or tent, or shed, otherwise the liquor new could in any conceivable place be legally consumed. ThoL where the purchaser's premises adjoin, his drinking the beer obtained on the highway close to his own premises, as iwil as to the licensed premises, is no offence : oath v. WhiUf 8 C. P. D. 175 ; 42 J. P. 375 ; 26 W. R. 617. The liquor sold need not be the same as that which the license authorises to be sold. As to proof of consumption, see also section 62, post. With regard to the proof mentioned in the last paragnnl^ that the liquor was taken to be consumed therein, ^.e., on otoer premises, the only reasonable construction seems to be, that it Wii intended by the seller that the liquor should be takken by tibe 35 & 36 VICT. 0. 94, s. 7. 15 consumer for the purpose of consuming it on premises which, "®Ck o. according to this section, must be deemed equivalent to the seller's Notb. own premises, and thus of doing what the statute meant to pro- hibit The liquor must have been taken " with intent,'' and the jntent must mean " the intent of the seller," for the buyer may, in defiance of the seller, drink it on the premises, and the seller could not be held liable ; at least, if he had no reasonable expectation that this defiance of law would be perpetrated there. The part withdn brackets was repealed by Licensing Act, 1874, section 33, but see that Act, section 13. The justices may order this conviction to be recorded. 7. Sale of spirits to children.^ Every holder of a license who sells or allows any person to sell, to be consnmed on the premises, any description of spirits to any person apparently under the age of sixteen years, shall be liable to a penalty not exceeding twenty shillings for the first offence, and not exceeding forty shillings for the second and any subsequent offence. This is an application of the enactment 2 & 3 Vict. c. 47, s. 43 {now repealed by this Act, and formerly confined to the metro- politan police district), to England. In the city of London a ififnilftr enactment still seems to be in force (2 & 3 Yict c. xciv. & 27), and applicable to all excisable liquors. By 49 & 50 Vict. c. 56, post (which is to be construed as one with the Licensing Acts 1872 and 1874), section 1, every holder of a license who knowingly sells or allows any person to sell any description of intoxicating li(^uors to any person under the age of thirteen years for consumption on the premises by any person nnder such age as aforesaid, shall be liable to a penalty not exceeding 209. for the first offence, and not exceeding 40a. for the second and anv subsequent offence. Under the first enactment it is immaterial who consumes the qniita. Under the second enactment the liquor must be con- sumed on the premises by some person under thirteem The words " any person apparently under the age of sixteen yean,'' leave it to the discretion of the justices to &id that fEict, and in arriving at their conclusion, they may be guided by the opinion of witnesses, as well as their own judgment, though their own view will be sufficient. If, at the hearing, it be proved that^ though apparently imder sixteen, the person is above sixteen, then the justices will not be justified in convicting : but such a ground 16 LICENSING ACT, 1872, S. 7. ^^ti, 7, would not be snfElcient for quafihing a conviction after it liadl)en — once made on the best judgment we justices could arnve at fat Note, the time being. With regard to any kind of liquor sold to a person undflf thirteen, in order to convict the nolder of the uoenae or hit manager, he must be proved to have knowingly sold to ami person ; that the person is under thirteen years of age ; and that it was for consumption on the premises by a person under iMxteoi (not necessarily the same person under thirteen). As to proof of age under thirteen, it seems that the jurisdiction to convict win not depend on the mere fact of the age, but, as in the faaaet enactment, on the apparent age, or, in other words, the know- ledge of the license holder or manager as to that facL The words of both enactments seem not to throw the risk of finding out the age on the licensed person as in sections 13 and 16. See notes ti those sections. 8. Sale to be by standard meastireJ] Every person shall sell all intoxicating liquor which is sold by retail and not in cask or bottle, and is not sold in a quantity less than half a pint, in measures marked according to the imperial standards. Every person who acts or suffers any person under his control or in his employment to act in contravention of this section shall be liable to a penalty not exceeding, for the first offence, ten pounds, and not exceeding for any subsequent offence twenty pounds, and shall also be liable to forfeit the illegal measure in which the liquor was sold. The penalty in this section is incurred only by the person who sells or suffers his servants to sell and act in contravention of the section. There may be cases where the keeper of the house shows successfully that he did not suffer his servants to sell m measures not marked, as where the servant has, in disr^aid of his orders, so sold. This penalty will apply to unlicensed as well as licensed persons selling, and is a cumulative penalty. A pub- lican who uses earthem mugs, and serves customers with mem impliedly represents them to be of imperial measure, and if they are unstamped they wHl be liable to seizure : E. v. AuUony 90 35 & 36 vioT. 0. 94, s, 9. 17 L. J. M. C. 129 ; 3 E. & E. 568 ; 25 J. P. 69 ; 3 L. T. 699 ; 9 Sect. 8. W. R. 278 ; WaMngUm v. Foww^f, 19 L. J. Exch. 348 ; 5 Ex. • — 403. But where the customer asks for a glass or other quantity ^o^*» wluch is not a known legal measure of capacity like a half pint, then no offence will be committed by the seller whatever may be the capacity of the glass. The Act must be literally complied with whenever a legal denomination of measure is the thing demanded, and that measure is more than haK a pint. The forfeiture of the illegal measure is discretionary in the justices under this section. In AddyY. Blake, 19 Q. B. D. 478 ; 51 J. P. 599 ; 56 L. T. 711 ; 35 W. R 719, B. went into a licensed house of A. and asked for a pint of beer. A. went into a back parlour, poured the liquor into a stamped measure not seen by B. and then into a jug and delivered the jug to B., and the court held that this was not a aeUii^ by imperial measure, as the measure was not seen by B., and therefore A. had committed the offence under this section. The Weights and Measures Act, 41 & 42 Vict. c. 49, s. 22, does not subject any one to a fine if the vessel is not represented as contaimng any amount of imperial measure, or if he does not use or intend to use it as a measure. But every measure of capacity flhall have the denomination thereof stamped on the outside of such measure in legible figures and letters (section 28). A measure stamped by an inspector is a legal measure (section 45). A measure for liquids partly of glass and partly of metal or other transparent medium may have the capacity indicated by a level line arawn through the transparent part i^section 46). The in- spector, if authorised in writing by a justice of the peace, may inspect measures and seize unjust measures, and to retuse exami- nation is subject to a fine of 5^. (section 48). All appeals against convictions under the Weights and Measures Act are now regu- lated by the Summary Jurisdiction Act, 47 & 48 Vict. c. 43, sched. See notes to section 52 of this Act, ]post» 9. Penalty on internal communication between licensed premises and house of 'public resort.'\ Every person who makes or uses, or allov^s to be made or used, any internal communication betw^een any Kcensed premises and any unKcensed premises v^hich are used for public entertainment or resort, or as a refreshment house, shall be liable to a penalty not ex- 18 LICENSING ACT, 1872, S. 10. Sect 9. ceeding ten pounds for every day during which swk communication remains open. In addition to any penalty imposed by this sedaon any person convicted of an offence under this sectiiiit shall, if he be the holder of a license, forfeit such license. A similar enactment and more extensive is in the Metropolitea Police Act, 2 & 3 Vict. c. 47, s. 45, and the City of London Aii,' 2 & 3 Vict. c. xciv. s. 29. This penalty is imposed on the occupier of the unlicensed M well as of the licensed premises. There seems no reason why tlid internal communication should be large enough to allow pexsoni to pass through. A place of public resort may be any ordinary shop ; it may ba an auction room : Sewell v. Taylor, 7 C. B. (n.s.) 160 ; 29 ll J. M. C. 50; 1 L. T. 37 ; or a cricket ground : TwrnbuU v. AmMtm^ 45 J. P. 69; or a railway platform: Ex parte DaviSy 2 H. & N. 149; 26 L. J. M. C. 178 ; 21 J. P. 280. A place of public entertainment may be a public ilanciTig ioqhl or music room, or theatre, as to which see notes to section H post. As to what is a refreshment house, see 23 Vict, c 27, 8. ^ and notes, post. The forfeiture of the license of the licensed person convicted if imperative, or rather follows on the conviction by operation of the statute ; and the justices have no discretion in uie matter* As to the eJQfect of it, and as to how the landlord may protect him- self against the consequences of a conviction for this offence c/lYm tenant, see Licensing Act, 1874, section 15, post This section does not interfere with the natural right of any licensed person to enlarge his premises by adding other premisea so long as both are used as one house. See section 74 and notes. 10. Penalty cm illicit storing of liquor J\ If any licensed person has in his possession on the pr^ mises in respect of which his license is grantedy any description of intoxicating liquor which he is not authorised to sell, unless he shall account for the pofr? session of the same to the satisfaction of the court hj 35 & 36 viOT. 0. 94, s. 11. 19 he is tried, he shall forfeit such liquor and the SecLlCL ; containing the same, and shall be liable to a f not exceeding for the first offence, ten pounds, Dt exceeding for any subsequent oflfence, twenty aection is confined to the case of a person being licensed to y some kinds of liquor and having a different kind of a his premises, in which case, unless he can account for session of such last-mentioned liquor, he will incur the If, for example, a beerhouse keeper has a cask of spirits in his premises and is summoned under this section, it for the justices to judge whether the cask of wine or vas for his own personal use only, as it may well be. The must decide whether his account is only a pretence. In nt he must have an opportunity of giving his account of ter before the liquor is forfeited : OiU v. Bright, 36 J. P. L. J. M. C. 22; 25 L. T. (n.s.) 591; 20 W. R. 248. wer to search for liquors not only in licensed premises, but place where such liquors are not authorised to be sold is y the Liicensing Act, 1874, section 17. See notes to that dso enactment as to wine sellers having spirits in their 8, 23 Vict c. 27, s. 25, post , Names of licensed persons to be affixed to >ses.j Every licensed person shall cause to be i or fixed, and shall keep painted or fixed on the les in respect of which his license is granted, in a suous place and in such form and manner as the dng justices] may from time to time direct, his with the addition after the name of the word sed," and of words sufficient, in the opinion of id [justices] to express the business for which )nse has been granted, and in particular of words dng whether the license authorises the sale of ating liquor to be consumed on or off the pre- only, as the case may be ; and no person shall c2 JO LICENSING ACT, 1872, S. 12. Sect, lit have any words or letters on his premises importing he is authorised as a licensed person to sell any inl eating liquor which he is not in fact duly authorist sell. Every person who acts in contravention ci provisions of this section shall be liable to a penalt^ exceeding for the first offence ten pounds, and exceeding for the second and any subsequent d twenty pounds. The -words within brackets were inserted by the licensSii 1874, section 28. This section makes it the duty of the party licensed to a] the licensing justices for information as to what form and i of publication they have directed. But if none is directed party is nevertheless forbidden to state that he sells any 1 nquor which he is not in fact authorised to sell, and he wil the penalty for this mis-statement alone. It will be f justices to decide, as matter of law, whether the words or "import" that the person sells other liquors than he is ent do. In general before conviction the person is entitled tc from the lustices, who should lay down some general rule subject, clear and minute, so that parties may be able to i with it. Should the license be a six-day license, there n words indicating that such license is for six days only. S tion 49, post. And if the license is an early closing licen must be stated. See Act, 1874, section 7, post The not 1 up of the name and license is a continuing offence. The obligation to " keep fixed " implies the duty to reu words if defaced. As to who are the licensing justices in this and other » see section 74 (definition of tnose words) and notes diereoi Act, 1874, section 6, and notes. Offences against Public Order. 12. Penalty on persons found drunh.'] : person found drunk in any highway or olher place, whether a building or not, or on any li< premises, shall be liable to a penalty not exc< ten shillings, and on a second conviction wi^ 35 & 36 VICT, 0. 94, s. 12. 21 «riod of twelve months shall be liable to a penalty Sect 12. »t exceeding twenty shillings, and on a third or sub- qnent conviction within such period of twelve months ^ liable to a penalty not exceeding forty shillings. Every person who in any highway or other pnblic lace, whether a building or not, is guilty while dnmk : riotous or disorderly behaviour, or who is drunk Idle in charge on any highway or other public place * any carriage, horse, cattle, or steam-engine, or who drunk when in possession of any loaded jBre-arms, ay be apprehended, and shall be liable to a penalty yt exceeding forty shillings, or, in the discretion of B court, to imprisonment, with or without hard labour, r any term not exceeding one month. Where the court commits any person to prison for Kn-payment of any penalty under this section, the turt may order him to be imprisoned with hard ixmr« Hub section applies to premises having an occanonal license : oeusing Act, 1874, section 20. By section 60 a justice who is a brewer, &c., may take part in ) oisposal of cases under this section if the offence do not relate TOemises in which he is interested as defined by that section. rhe statute 21 Jas. 1, c. 7, as to drunkenness, being repealed tibe second schedule, this section is now the general enactment lUng with the punishment of drunkenness. PubUo placeJ] The words " or other public place, whether a Oding or not," coming after the word "highway," confine this enee to a highway, or a street, or a buildmg like a market or ov where the public have a right to be. The words " public place " V6 been held to include a railway carriage while carrying pas- igen: Langnshv. Archer, 10 Q. R D. 44; 47 J. P. 295; 47 L. T. S» The description of place here given is not (][uite so extensive tibe words ^ place of public resort," used in section 9, which have BOi held, for example, to include a railway station : Ex parte M^ 2 H. & N. 149 ; 21J. P. 280; 26 L. J. M. C. 178 ; a house an auction was held: Sewdl v. Taylor, 7 C. B. (n.s.) 160; 22 LIOBKSING ACT, 1872, s. 12. Found Drunk. Seet. 12. 23 J. P. 792 ; 29 L. J. M. 0. 50 ; and also an alehouse itself: i T^"~l V. Gmbltm, 2 E. & E. 695; 29 L. J. M. C. 126; 2 L. T. 216; 8 W -woTB. 412 ; 24 J, P. 596. If the party is drunk in the licensed pi«ni he is now expressly made Hable by this section; but if he is fof drunk in a place merely of public resort, not being a highwe; street, or some enlargement thereof, and ejvsdem generis^ then penalty is not incurred, Drunic and riotous, dc,'\ The only exceptions wheie offence may be committed, tnough not on a highway, or st or public place, are where the person is in possession of la fire-arms when drunk, and where he is drunk on licensed pi^ Probably, it was not intended that the offence as to fiien should be on a different footing from the others, but owin the position of the clause in the sentence, this offence nur committed anywhere, whether in a public place or in a ]^ house or ground. Aiid there is nothing to require any evid of any person being endangered by the drunken man. The Highways and Locomotives Act, 1878, 41 & 42 Vict, c s. 26, the Municipal Corporations Act, 1882, 45 & 46 Vict ( s. 23, and the Local Government Act, 1888, 51 & 52 Vict c 8. 85, having all been passed since the Licensing Act, 1872 question whether this word " carriage " includes a bicycle, & not affected b^ those Acts ; and it has not yet been *dec whether " carnage," as used in this 12th section would inclt bicycle. See Taylc/r v. Goodmuy 4 Q. B. D. 228; 43 J. P. 65S L. T. 458; 48 L. J. M. C. 104; 27 W. K. 489. Found drunk,] The penalty is incurred if the person is fi drunk '' on any licensed premises," that is to say, m an aleht or any house mentioned in the Wine and Beerhouse Acts, &&. for which a license is in force either for consumption on or ol premises. See section 74. If he is found drunk in unlice premises he incurs no penalty. If he is drunk in licensed pien: but is not " found " in the state of drunkenness, he escapee penaltv. It seems not necessary that he should be " founa " constable, for any one may be the prosecutor, but the pioeec must *^ find " him drunk at the time. If the drunken person, \n bein^ found, has staggered out of the licensed premises inl adjoining field he wiUalso escape the penalty. And if the lioe premises are his own house, the drunken person would obvio not be liable, except he was found drunk during open boon in the public part of the premises : Lester v. TorrenSy 2 Q. I 403; 41 J. P. 821; 26 W. fe. 691; 46 L. J. M. C. 28a A person " found drunk " imder the first paragraph of tlie tion cannot be apprehended by a constable under the autlu 35 & 36 VICT. c. 94, s. 13. 28 oCthis Act, tlioiigh a constable, or indeed any private person, Sect. 12. Jottld be jnstifiea in taking a drunken person into any bouse or jqZZm ption to teep bim out of cbnger, so long as be is not imprisoned -"^^^ wroin against bis 'will ; and a drunken person generally bas not • **will'' until be becomes sober. Tbose found under the second Jimaapb, including a drunken person in possession of fire-arms, ^y be apprebended. Tbere may, however, be power to appre- iifflid given by other Acts in bofli cases : see the Towns Police Chwes Act, 10 & 11 Vict, c 89, s. 29; the Metropolitan Police ■M 2 & 3 Vict c. 47, s. 68; and the City of London Act, 2 & 3 TkL c xdv. s. 37. Pwdshment.'] The offences in the first and second paragraphs ■nut be kept separate, and a person charged with one cannot be mud guilty of another (Jlfarein v. PMgem, 1 E. & E. 778; 7 W. B. 412; 28 L. J. M. C. 179; 23 J. P. 630; Loadman v. Gragg, 10 J. P. 743X unless the justices amend the summons and adjourn fte bearing ; or unless the defendant has waived the objection by qnearing and taking part in defending himself: R, v. Hughes^ I Q. B. C.''614 ; 43 J. P. 556 ; JB. v. Fletchery 40 L. J. M. C. 128 ; BO J. P. 789; L. R 1 C. C. R 320; E. v. Fletcher, 48 J. P. 407. 1 single justice can dispose of the charges in the first paragraph. lee section 51. The length of imprisonment for default of pay- noit of penalty tmder the first part of the section will be accord- ng to the Summary Jurisdiction Act, 1879, 42 & 43 Vict. c. 49, L ft. Where the punishment under the second clause is imprison- ttent merely, the commitment will be under 11 & 12 Vict. c. 43, I. S4^ and the form in Summarv Jurisdiction Eules, 1886. The words " on a third or subsequent conviction," must be read rillL the words implied "for the same offence under this Act." bid the person's conviction may be proved by a certified extract faaa the register kept by the clerk of the convicting court att & 43 Vict c. 49, s. 22), or in some cases by a certified copy fiom this register of licenses : see section 58, post, X3. Penalty for permitting drunkenness.^ If any licensed person permits drunkenness or any riblent, quarrelsome, or riotous conduct to take place m his premises, or sells any intoxicating liquor to itqr dnmken person, he shall be liable to a penalty not gacaeeding for the first offence ten pounds, and not ex- ww<|iTig for the second and any subsequent offence bwenirj^ pounds. 24 LICENSING ACT, 1872, s. 13. Permitting Drunkenness. Sect. 13. [Any conviction for an offence under this shall be recorded on the license of the person coi nnless the convicting magistrate or justices shall wise direct.] The offence may be committed in premises having an oc license : Licensing Act, 1874, section 20. Permitting or selling.'] The offence here is in terms to a licensed person who permits or sells. Where t evidence was that a person had been drinking in a house, and three-quarters of an hour later was found dri ditch about 100 yards distant, it was held that there m evidence on which the Justices might convict the keepi licensed house under this section: ExpaHe EtheUtane^ (n.s.) 339 ; 40 J. P. 39. Where the customer is reall the license holder cannot set up the defence that he potman considered the ciistomer not to be drunk, or at 1< it was veiy doubtful whether he was so, for the risk covering the fact rests with the license holder: Ou/nd Coccu 13 Q. B. D. 207; 48 J. P. 599; 53 L. J. M. C. L. T. (N.s.) 265 ; 32 W. R 769. Moreover, if a drunl and a sober man enter together, and the latter ordei for both, this will be deemed a selling to the dronkc SccUchard v. Johnson, 57 L. J. M. C. 41 ; 52 J. P. 389. same time, to permit implies that there was power to ] and if a customer becomes drunk, but not from the € drink given in the house, the license holder cannot be de permit it. A licensed person cannot be convicted under tion for being drunk on his own premises, for a ny charge kind must be made under section 12, amte: Trarden i C. P. D. 74; 41 J. P. 120; 46 L. J. M. C. Ill; 36 L. 852. LidbiUty for manager* s a/its,'\ Any servant, wife, or: of the house will not be liable to be convicted for d< acts here prohibited; but they may make the license liable, and may themselves also in some cases be conv aiders and abettors, imder 11 & 12 Vict c. 43, s. 5: V. StvaH, 32 L. J. Q. B. 311; 3 B. & S. 913; 27 J. 8 L. T. 277 ; and their acts will render the licensed perso unless there is strong evidence that the latter gave ezpra to the contrarv, and did what he could to enforce hie The courts will hold this to be one of the excepted cases 35 & 36 VICT. c. 94, s. 13. 25 Liability for Maruiger, le master is responsible crimiiially for the act of his servant or Sect. 13. HBOia&er ; if it be held otherwise, the statute may be very easily tj^^ radeo. It may be reasonably assimied that the law requires Sooe responsible person to be always on such premises, and in barce of them, who represents the master in the conduct of be house ; and though a master is not usually responsible for lie crimes of his servant, this may well be deemed to be an Inception; and it has been so held in cases under sections 15, 1% and 17. See notes to those sections. In some cases, where the fcdone bja servant is done for the master's benefit in the course :the busmess, and causes a nuisance either to an individual or e public, the master, though taking no part, may be indictable iiespect of the act done : R, v. S&phms, L. R. 1 Q. B. 702; 35 J. M. C. 251 ; 14 L. T. 593; 14 W. R 859; 30 J. P. 822. In Acts, such as the Cattle Diseases Act, the Bread Act, the rmaances Removal Act, the Mines Act, cases have occurred Irldich have been mostly decided according to the general rule Ikife the master is not liable if the servant alone, without the ■ttter's knowledge or acainst his express orders, has committed ke act prohibiten At the same time, there must be some one on ioenBed premises to conduct the house, and the master must in bit view be the person liable for acts done knowingly by the ervant or manager in contravention of many of these enact- Bents. See a case of a chimney sending forth black smoke, the ervant having lighted the fire, and the master was held liable : loTMS V. Ahriyd, L. K 7 Q. B. 474; 41 L. J. M. C. 110; 36 J. P. 80; 26 L. T. 437 ; 20 W. R. 671. On the other hand, if the larter has done all in his power to make a furnace consume its wn smoke, and has appointed a careful servant, he is not liable : %Molm y. DwlUm, 22 Q. B. D. 736; 53 J. P. 292 ; 58 L. J. M. C. |ti So where a baker was held not liable for alum being in bread, ■tther baker nor servant having any knowledge of it : Core v. M«% L. R. 7 Q. B. 135 ; 41 L. J. M. C. 19; 36 J. P. 519. See ease of a servant neglecting to disinfect premises, and the master dd liable : Sea/rU v. E&yndds, 7 B. & S. 704 ; 14 L. T. 518 ; 31 • P. 4 ; 22. V. Handley, 9 L. T. 827. It is absolutely necessary that lore shoidd be some evidence of knowledge on the part of the uwter or servant^ as was hdd where the servant of Hi, by direc- jim of a customer of H., placed a portable steam engine in a Ifloe prohibited by statute, and the master was not liable: ImrUon v. Leaper, 5 L. T. (n.s.) 640; 26 J. P. 373. la a conviction under this section it will not be necessary to ate the names of the persons who were permitted to be drunk : Tngjf ▼. Tohe, 17 L. J. M. C. 183 ; 12 Q. B. 492. Tm second and third offence need not be for precisely the same 56 LICENSING ACT, 1872, s. 14. Harbouring Prostitutes, 3ecL*13. offence as the former. Thus, one majbe for permitting dinnh ' — ness, another may be for permitting quarrelsome cdndncli JiOTE. riotous, &c. But the offences must «Q1 oe under this seetki the Licensing Acts. The part within brackets was repealed hj Licenfiing Aet, 11 section 33 ; but see that Act, section 13. The justices nuj oi this conviction to be recorded. 14. Penalty for keeping disorderly Aoitti If any licensed person knowingly permits his p mises to be the habitual resort of or place of meeii of reputed prostitutes, whether the object of their 80 sorting or meeting is or is not prostitution, he shaD he allow them to remain thereon longer than is nee sary for the purpose of obtaining reasonable refa ment, be liable to a penalty not exceeding for the 1 offence ten pounds, and not exceeding for the seo and any subsequent offence twenty pounds. [Any conviction for an offence under this sec shall, unless the convicting magistrate or justices s otherwise direct, be recorded on the license of the son convicted.] This offence may be equally committed while there i occasional license for the place : Licensing Act, 1874, section The part within brackets was repealed by Licensing Act, ] section 33; but see that statute, section 13. The justices order this conviction to be^recorded. A penalty is also imposed by the Towns Police Act, 10 Vict. c. 89, s. 35, for suffering prostitutes or thieves to assei which applies to alehouses : dole v, GouUon, 2 E. & E. 692 J. P. 596 ; 29 L. J. M. C. 125 ; 2 L. T. 216 ; 8 W. R. 412. The same remarks as were made in the notes to the 13th se apply to the above 14th section as regards the liability e licensed person for his servant or manager disobeying the stc except that owing to the word "knowingly" being here the evidence of knowledge ought to be much more cogei order to make the master Hable for his servant or mam knowledge. 35 & 36 VICT. 0. 94, s. 14. 27 Harhov/ring Thieves. t of Prostitutes,] In order to prove the offence it must Sect. 14.- i : (1) That the licensed person, or at least his manager, jr^™ J women were reputed prostitutes, and the justices will nto the grounds of belief of witnesses as to this evil u ; (2) That he allowed them to remain longer than for reasonable rejfreshment, which is partljr a matter of Cy the nature of the meal or refreshment bemg generally materials for showing whether they remained longer necessary for its consumption. are previous cases on the subject, under similar enact- f Greig v. Bmdino, E. B. E. 133 ; 27 L. J. M. C. 294 ; Htuctdble, 1 E. & E. 780; 28 L. J. M. C. 221 ; Wliitjield 'id^e, 30 J. P. 644. The constable having seen pros- eviously in the house is some evidence of the keeper's le of their character : Parker v. Greeuy 2 B. & S. 299 ; 31 1 133; 26 J. P. 247 ; 10 W, R. 316 ; Belasco v. Hannant, 13; 31 L. J. M. C. 225; 26 J. P. 823; 6 L. T. 577; 10 57; Cole v. Coulton, 2 E. & E. 695; 29 L. J. M. C. 125; ►96; 2 L. T. 216; 8 W. R. 412. The cases show that ia are entitled, like other people, to refreshment, and onot be reasonably implied irom the fact of the licensed pplying them with refreshment that he permits them ta m an imlawful manner. ction has been considerably altered in its language from )us enactments. Unless the woman has remained longer emises than is necessary for the purpose of refireshment^ that, though her object may be prostitution, yet the iU not be incurred by the Ucensed person tUl the time efreshment has ceased. It is only after that time that ining on the premises can be inquired into; but for pnxpose she is there after that time is immaterial. And not resort for refreshment at all, then if the landlord to remain for any length of time, however short, he will to the penalty. The licensed person has power to turn nder the 18th section, and if he fiedls to do so he will run f the penalty. »t essential that the prostitutes who " meet " should be persons; it is enough that persons of their class fre- ome to the house, and that one is there, though for the \, if known as to character. And in any summons or 1 it is not necessary to name the disorderly persons: foJbe, 12 Q. B. 492 ; 17 L. J. M. C. 183 ; 12 J. P. 804. tu/re of license for harbouring thieves, dc] A SLunposed on keepers of licensed houses for harbouring ic., of a kindred character to the above. 28 LICENSING ACT, 1872, s. 14. Harbouring Thieves. Sect. 14. The Prevention of Crimes Act, 1871, 34 & 35 Vict c. 112, ^j^~ enacts as follows: — Every person who occupies or keqps • lodging-house, beerhouse, public-house, or other houfie or where intoxicating liquors are sold, or any place of puhlie < tainment or public resort, and knowingly lodges or knoii harbours thieves or reputed thieves, or knowingly soffen to meet or assemble therein, or knowingly allows the depc goods therein, having reasonable cause for believing them stolen, shall be guilty of an offence against this Act, and be to a penalty not exceeding ten pouncU, and in default of piQ to be imprisoned for a period not exceeding four months, w without nard labour, and the court before which he is bz may, if it think fit, in addition to or in lieu of any pe require him to enter into recognizances, with or without sa and if in Scotland to find caution, for keeping the peace or of good behaviour during twelve months : provided that — (1) No person shall be imprisoned for not finding suxei cautioners in pursuance of this section for a longer than three months ; and (2) The security required from a surety or cautioner shi exceed twenty pounds : And any license for the sale of any intoxicating liquors, keeping any place of public entertainment or public resort, has been granted to the occupier or keeper of any such, ho place as atbresaid, may, in the discretion of the court, be fo on his first conviction of an offence under this section, and Becond conviction for such an offence his license shall be fo and he shall be dis(]^ualified for a period of two yean receiving any such license ; moreover, where two conv imder tms section have taken place within a period of thiet in respect of the same premises, whether the persons coi were or were not the same, the court shall direct that for i not exceeding one year from the date of the last of such < tions no such license as aforesaid shall be granted to any whatever in respect of such premises ; and any license grai •contravention of this section shall be void. Any licensed person brought before a court in pursofl this section shall produce hislicense for examination, and i license is forfeited shall deliver it up altogether, and i person wilfully neglects or refuses to produce nis license h< in addition to an^ otlier penalty under this section, be lia summary conviction to a penalty not exceeding five pounds 56 Vict c 112, s. 10. Any person convicted under 34 & 35 Vict c. 112, & IC 35 & 36 VICT. c. 94, s. 14. 2^ SeditioTis Meetings, dc, M of appeal against such conviction in the same manner Sect. 14- pects as a person may appeal who feels aggrieved by a ^qte. L made by a court of summary conviction under the Act, 1872, and all the provisions of such last-mentioned f any Act amending the same relating to an appeal from on made by a court of summary jurisoiction under such ^oned Act shall apply accordingly : 39 & 40 Vict c. 20, 3 consequence of tnis last enactment is that a convicted ist appeal to the quarter sessions of the borough or city > the county sessions as he would do in case of a refusal ral or transfer of a license. See section 52 of Licensing jposU me of proving a previous conviction is set forth in 34 & 35 L12, s. 18. The proceeding to convict is under the • Jurisdiction Act, section 17. See also the provision abject in 42 & 43 Vict. c. 49, s. 22, in notes to 50th Licensing Act, 1872, post. ing by circular at an alehouse to get up a subscription rife and children of a convicted thief, several thieves the company, is an assembling of thieves within this Marshall v. Pox, L. R. 6 Q. B. 370 ; 24 L. T. (n.s.) 751 ; H. C. 142 ; 19 W. JR. 1108 ; 35 J. P. 631. 'iv/re of license for holding seditious meetings.] e lawful for any two or more Justices of the peace acting ounty, stewartry, riding, division, city, town, or place, ience on oath that any meeting of any society (or club), Kslared to be an unlawful combination and confederacy Beting for any seditious purpose hath been held after the t this Act, at any house, room, or place licensed for the e, beer, wine or spirituous liquors [with the knowledge mt of the person keeping such house, room; or place], to ad declare the license or licenses for selling ale, beer, pixituous liquors granted to the person or persons keeping je, room, or place to be forfeited ; and the person or per- ^eping such house, room, or place shall from and after the lie date of such adjudication and declaration be subject e to all and every the penalties and forfeitures for any after that day wMch such person or persons would he y if such license or licenses had expired or otherwise 3d on that day : 39 Geo. 3, c. 79, s. 14. There is now cJar form of adjudicating the forfeiture of such license : rict. c 43. The above 14th section of 39 Geo. 3, c. 79, d in identical words (but including the words in brackets), itate 57 Geo. 3, c. 19. 30 LICENSING ACT, 1872, S. 14. Music aiid Dancing Licenses, ^ect. 14. Other similar offences by license holders,] The Note, which may be committed by license holders in refeience to ( and betting are set forth in the Licensing Act, 1872, aec^j and notes, post, A cock fight took place in a bowling aHey public-house, and the court held that the keeper could BOl convicted under the Cruelty to Animals Act, 12 & 13 Vict t\ s. 2, of assisting as it was not a place kept for such ' Clarke v. Hague, 24 J. P. 517 ; 29 L. J. M. d 105 ; 2 R ^ 8 W. K. 363 ; Morley v. Greenhalgh, 3 B. & S. 374; 32 L J. 93 ; 7 L. T. 624 ; 11 W. K. 263 ; 27 J. P. 197. There are also offences by keepers of licensed hooseB wages paid in public-houses. See post, 46 & 47 Vict. c. 31, 8. notes, where offences as to holding polls and election com rooms in public-houses (16 & 17 Vict. c. 68, s. 6 ; 46 &47 c. 51, s. 20 ; 47 & 48 Vict. c. 20, s. 16) are collected. For public entertainments on Sunday, see 37 & 38 Vict ei s. 3, and notes, post. Unlicensed music and dancing places deemed dii houses,] Whereas the multitude of places of entertainment fej lower sort of people is another cause of thefts and robberies, iff are thereby tempted to spend their small substance in "^"^ pleasures, and in consequence are put on unlawful metil supplying their wants, and renewing their pleasures : In therefore to prevent the said temptation to tnefts and ] and to correct as far as may be the habit of idleness, become too general over the whole kingdom, and is pi of much mischief and inconvenience : Be it enacted authority aforesaid, that from and after the 1st day of 1752, any house, room, garden, or other place kept for _ dancing, music, or other public entertainment of the like in the cities of London and Westminster, or within twaUjf thereof, without a license had for that purpose, from preceding Michaelmas quarter sessions of the peace, to be lor the county, city, ndins, liberty, or division in 'which house, room, garden, or other place is situate (who are authorised and empowered to grant such licenses as they in discretion shall think pro{)er), signified under the hands and i of four or more of the justices there assembled, shall be d« disorderly house or place ; and every such license shall be and sealed by the said justices in open court, and afterwa publicly read by the clerk of the peace, together with the of the justices subscribing the same ; and no such license dilH^ granted at any adjourned sessions ; nor shall any fee or be taken for any such license ; and it shall and may be lawMi robl 35 & 36 viOT. 0. 94, s. 14. 31 Music and Dancing Licenses. for any constable, or other person, being thereunto authorised^ Sect. 14. variant under the hand and seal of one or more of His -Sotk. Bsty's justices of the peace of the county, city, riding, division, iberty where such house or place shall be situate, to enter 1 lionse or place, and to seize every person who shall be found eiiiy in order that they may be dealt with according to law : every person keeping such house, room, garden, or other ie, wi&out such license as aforesaid, shall forfeit the sum of L to such person as will sue for the same, and be otherwise Jshable as the law directs in cases of disorderly houses : 25 I. 2, c. 36, s. 2. !liough this statute is confined to the metropolitan district yet it of the Local Improvement Acts of the large towns in the ntxy contain an enactment nearly in the same words. I'otwithstanding the above Act, the Secretary of State or the miralty may give authority to manage or conduct any recreation m for public dancing, music, or otiier public entertainment liout any license : 52 Vict c. 3, s. 7. tiieensed rrmsic and dancing places to have an inscription }T them,li Provided always, and it is hereby further enacted the authority aforesaid, that in order to give public notice ftt places are licensed pursuant to this Act, there shall be jfced and kept up in some notorious place over the door or Stance of every such house, room, garden, or other place kept toy of the said purposes, and so licensed as aforesaid, an '^"iption in large capital letters, in the words following : ieet, " Licensed pursuant to Act of Parliament of the twenty- of King Geoige the Second ;" and that no such house, room, or other place, kept for any of the said purposes, fdthough as aforesaid, shall be open for any of the said purposes the hour of [noon] ; and that the afl&xing and keeping up inscription as aforesaid, and the said limitation or restric- point of time, shall be inserted in, and made conditions o^ 'such license ; and in case of any breach of either of the emuditions, such license shall be forfeited, and shall be " by the justices of peace in their next general or quarter and shall not be renewed ; nor shall any new license be to the same person or persons, or any other person on his or any of their behalf, or for their use or benefit, directly tlldiieGtly, for keeping any such house, room, garden, or other ato any of the purposes aforesaid : 25 Geo. 2, c 36, s. 3. woird in brackets was substituted by 38 & 39 Vict c. 21, s. 1 ibdow. 32 LICENSING ACT, 1872, S. 14. Sect. 14. Note. Music and Dancing Licenses. Where a music and dancing license has been granted ni^ Geo. 2, c 36, the inland revenue are not bound to grant a " under 5 & 6 Will. 4, c. 39, s. 7, to the proprietors to sell therein as the exemption from the necessity of a justices^ conferred by the Licensing Act, 1872, s. 72, applies o theatres but not to places of public entertainment : 22. v. Jii Revenue, 21 Q. B. D. 569 ; 52 J. P. 390 ; 57 L. J. M. C. Wj L. T. 378 ; 36 W. R. 696. Theatres excepted,] Provided always, that nothing in Act contained shall extend, or be construed to extend, to' theatres royal in Drury Lane and Covent Garden, or the " commonly called the King's Theatre in the Haymarket, or of them ; nor to such performances and public entertainnwrti! are or shall be lawfully exercised and carried on under or by vil^ of letters patent, or license of the Crown, or the license oC Lord Chamberlain of His Majesty's Household ; anything ' contained notwithstanding : 25 Geo. 2, c. 36, 8. 4. The rules as to theatre licenses are stated in notes to Act, 1872, s. 72, post. Time of keeping open music and dancing rooms ^ ?y< Public Entertainments Ad, 1875, 38 Vict. c. 21, s. 1, eecf^ of the recited Act, 25 Geo. 2, c. 36, shall be construed instead of the proviso, ''that no such house, room, or other place Kept for any of the said purposes, i licensed as aforesaid, shall be open for any of the said before the hour of five in the afternoon," there were sul the proviso '' that no such house, room, garden, or other kept for any of the said purposes, although licensed as afon shall be open for any of the said purposes before the botf noon." Provided, that if on any special occasion an oc "*"" license of exemption shall have been granted under the ninth section of the Licensing Act, 1872, in respect of any room, garden, or other place licensed under the recited Ael| I penalty or forfeiture shall be incurred for contravention of 8""^ 3 of the recited Act, as hereby amended, on account of such! room, garden, or other place being kept open for any of purposes aforesaid on such special occasion m)m midni^it XL the hour specified in such occasional license as thenonr closing : 38 Vict. c. 21, s. 1. Ma>ce-course licenses,'] All race-courses within ten milefi Charing Cross must be licensed pursuant to 42 & 43 Vict. e. £. 2. And the application for a license must be made to 35 & 36 viOT. 0. 94, s. 14. 33 Music and Dancing Licenses, Sect. 14. the Michaelmas quarter sessions in the same maimer Nots. sic and dancing licenses : section 4. A horse-race not I is deemed a nuisance : section 7. es by county council,] The licensing of houses for dancing and race-courses was transferred to the county )1 & 52 Vict c. 41, s. 3. mu^ic and dancing rooms require licenses.] The 1 dancing license does not authorise stage plays, as lire the theatre license : Levy v. Yates, 8 A. & E. 129 ; mpsorij 18 C. B. (n.s.) 680 ; 34 L. J. M. C. 149 ; 13 \ ; 12 L. T. 386. As to theatre license, see post, section tes. truing this Act of 25 Geo. 2, c. 36, and similar Acts, it held that some habitual use or several instances of so premises must he shown in order to render a Ucense : Marks v. Bevjamiuy 5 M. & W. 565. Thus, an concert given in a licensed theatre on Ash Wednesday bin this Act : Syers v. Conquest, 37 J. P. 342 ; 28 L. T. V. K. 524 ; nor a room where a lecture and sacred music ; Baxter v. Lam^ley, 32 J. P. 805 ; 38 L. J. M. C. 1. iry dancing school does not require a license : Bellis v. 2 Esp. 722. A temporary use of a room for dancing on ion of a festival does not require a license : Shutt v. Ssp. 128 ; Gregory v. Tuffs, 6 C. & P. 271, 281. But it uce that the dancing was in a public-house which had bouse license : Green v. Botheroyd, 3 C. & P. 471 ; nor lancing was kept comparatively private : Clarke v. Searle, ; nor that no money was chafed for admission, being a a public-house : Archer v. W'aldegrave, 4 Esp. 186 ; . Tuffs, 6 C. & P. 271 ; Frailing v. Messenger, 16 L. T. ' ; 31 J. P. 423. And a room kept for public dancing without a license is a disorderly house though no dis- r improper conduct is allowed : B, v. Wolfe, 13 J. P. 3 music license may be granted separately firom the Lcense : Brown v. Nugent, L. R. 6 Q. B. 693 ; 40 L. J. ff; 26 L. T. 880; 20 W. R 89 ; 36 J. P. 22. It is il that the house or room was not kept exclusively for BeUis V. Beal, 2 Esp. 592. If the music or dancing is rto something else, and is no substantial part of the nent, a license is not required : Quaglieni v. Mathews, 6 74 ; 34 L. J. M. C. 116 ; 29 J. P. 439 ; Hall v. Green, r ; 23 L. J. M. C. 15. A skating rink with band of ties within the statute, for the music was as important D 34 LICENSING ACT, 1872, s. 15. Sect. 14. as the Bkating, and skatmg was ejusdem generis witli T^ — K V. Tucker, 46 L. J. M. C. 197 ; 41J. P. 294 ; 2 Q. I ^^^^- 36 L. T. 478 ; 25 W. R 697. If a local Act say a dancing house shall not be kept license, the justices will act rightly by granting a liceni one year : Hoffmann v. Bond, 40 J. P. 5 ; 32 L. T. 775 One penalty only is recoverable, though several pei have occurred within six months on separate days : Messenger, L. R. 2 C. P. 583 ; 36 L. J. C. P. 337 ; 31 1 10 Cox, 498. 15. Penalty for permitting premises brothel, j If any licensed person is convictei mitting his premises to be a brothel he shall to a penalty not exceeding twenty pounds, i forfeit his license, and he shall be disqualified from holding any license for the sale of int liquors. This enactment seems impliedly to confer a juris justices to convict the keeper of a licensed house in a way of an offence which is otherwise indictable at coi As to a case of implied jurisdiction under the former ' Diseases (Animals) Act, see Gullen v. Justices of Lancash Q. B. 416; 37 J. P. 115; 41 L. J. M. C. 132; 26 L. T. 691 691 ; Johnson v. Colam, L. R. 10 Q. B. 544; 40 J. P. 13 M. C. 185; 32 L. T. 725; 23 W. R. 697. The same kind of evidence seems to be required section as in the case of a person being indicted for brothel, but according to section 59, either remedy i sorted to with this qualification, that if one remedy I the party cannot be punished again for the same oi regards the evidence necessary to prove the offence material that there was no outward sign of indecency: L. R. 1 C. C. R. 21 ; 35 L. J. M. C. 93 ; 13 L. T. 382 66 ; or that there was no actual disorderly conduct Bendeno, K B. E. 133; 27 L. J. M. C. 294. If there i tion, the forfeiture and diso^ualification follow of cours excise license is also, by section 63, forfeited. One com the forfeiture is, that no new tenant can apply either fo or a renewal of the license, the forfeiture dating from 1 tion : R, v. West Riding J J, 21 Q. B. D. 258 ; 62 J. ] L. J. M. C. 103; 36 W. R. 258. 35 & 36 VICT. c. 94, s. 16. 35 ere a licensed \ n or his manager permits people to use Sect. 15. ^mises for purposes of prostitution once, this is some evi- .^ — to support the charge ol permitting the premises to be used Notb, rothel: B. v. Justices of Parts ofMolland, 46 J. P. 312. In ae the constable, who was the prosecutor, refused to say he was standing when he discovered that the place was 8 a biotiiel, and me court held that he was bound to answer 3S-examination as to this, as it had an important bearing on dibility : TFebb v. CatchUyoe, 50 J. P. 795. \ ofifence may be committed on premises having at the time monal license : Licensing Act, 1874, section 19. mdnal Law Amendment Act offences,"] The Criminal imendment Act, 1885, 48 & 49 Vict. c. 69, s. 13, declares irly the same words as the above that any person who, the occupier of premises, knowingly permits such pre- ko be used as a brothel, shall be liable, on summary con- i, to a penalty of 20Z. or three months' imprisonment with abour. The only difference is the word "knowingly" in 3t enactment. ugh formerly a landlord could not be indicted for keeping dyhouse merely because he did not give notice to quit to at using the premises for such a purpose (B, v. Stannard, C. 349; 33 L. J. M. C. 61; 9 L. T. 428; 12 W. R. 208; P. 20; B. V. Ban-eU, 1 L. & C. 263; 32 L. J. M. C. 36; 7 135; 11 W. R. 124), yet now a landlord who lets [or relets] ach knowledge may be convicted summarily : 48 & 49 Vict. 3. 13 ; Sandford v. Glarkey 21 Q. B. D. 398 ; 52 J. P. 773. lie procedure now against keepers of brothels may be either ictment or summary : Kerwin v. Hines, 52 J. P. 230. J, Penalty for harbouring constable.^ If any led person — I Knowingly harbours or knowingly suffers to remain on his premises any constable during any part of the time appointed for such con- stable being on duty, miless for the purpose of keeping or restoring order or in execution of his duty ; or I Supplies any liquor or refreshment, whether by way of gift or sale, to any constable on duty d2 36 LICENSING ACT, 1872, s. 17. Sect. 16. unless by authority of some superior offi such constable ; or (3) Bribes or attempts to bribe any constable, he shall be liable to a penalty not exceeding, fc first offence ten pounds, and not exceeding fc second or any subsequent offence twenty pounds. coilviction for an offence under this section shall, i the convicting magistrate or justices shall oihe direct, be recorded on the license of the person victed.] This offence was formerly confined to the circumstances in the 1st sub-section, and the penalty was only 20«. : 22 c. 27, s. 39. The two last sub-sections increase the stringe the punishment. Now a licensed person cannot lawfully « constable, while the latter is on duty, with any refreshment^ > on the order of a superior officer. A constable will be i execution of his duty in assisting to exclude drunkards section 18, post, or in demanding the names of persons unUr on the premises under section 25, post, or in preventing or < ing offences under Act, 1874, section 140, post If a servant or manager of the premises knowingly s constable on duty the master may be convicted, though j ally having nothing to do with the matter : MvMvns T. ( L. R. 9 Q. B. 292; 43 L. J. M. C. 67; 29 L. T. (n.s.) 81 W. R. 297 ; 38 J. P. 629. But in all cases either the mtt servant must know that the person is a constable on dut] his being in uniform, and not being asked if he was on dat is good pnmd facie evidence of such knowledge. See alsc on this subject to sections 13, 14, 15, ante, and section 17, 1 There are similar enactments in 2 & 3 Vict. c. 93, & 1< 10 & 11 Vict. c. 89, s. 34. The offence may be committed on premises haying oo occasional license : Licensing Act, 1874, section 20. The part with/in brackets was repealed by Licensing Ae^ section 33, but see that Act, section 13. The justioes mag this conviction to be recorded. 17. Penalty for permitting gaming.'] 1 licensed person — (1) SnfiFers any gaming or any nnlawfal game carried on on his premises ; or 35 & 36 viOT. 0. 94, s. 17. 37 )p6nS; keeps, or uses, or suffers his house to be Sect 17. opened, kept, or used in contravention of the Act of the session of the sixteenth and seven- teenth years of the reign of Her present Majesty, chapter one hundred and nineteen, intituled "An Act for the Suppression of Betting Houses," I be liable to a penaliy not exceeding for the first ten pounds, and not exceeding for the second J subsequent offence twenty pounds. f conviction for an offence under this section inless the convicting magistrate shall otherwise be recorded on the license of the person con- 1 >ffence may be committed on premises having an occasionaX Licensing Act, 1874, section 20. 1st snb-section is substantially the same as the usual clause righial form of alehouse Hcenses. ing for money,] The rule is, that no game, however Q itseK, if played for money, or money's worth, can be jd in licensed premises. Thus nine-pins or skittles played ' are unlawful: Danford v. Taylor, 20 L. T. (n.s.) 483; , 612. And it is immaterial whether the beer is drunk nremises or not : Luffy. Leaper, 36 J. P. 773. So if cards fed for money : Patten v. Bhymer, 3 E. & E. 1 ; 29 L. J. 59; 24 J. P. 342; 2 L. T. 352; 8 W. K. 496. It is no tiiat the game such as skittle-pool is said to be mostly a flikfll, if it is played for money : Dyson v. Mason, 22 Q. B. 58 L. J. M. C. 55 ; 53 J. P. 261 ; 60 L. T. 265. More- fclie license holder were to lend money to a guest to play ey, the former could not recover it : Foot v. Baker, 6 Scott )1; 5M. &Gr. 335. fofr knowledge of the gaming must be proved,] game is played without the knowledge of the licensed )r tiie manager and is a mere casual £rolic, no penalty is I by him : Avards v. Dance, 26 J. P. 437 . But u the con- tlhe landlord is such that he leaves the management of the ) a iiervant, and either he or such servant close his eyes to going on, the landlord will be guilty of the offence, his 38 LICENSING ACT, 1872, s. 17* Sect. 17. Gaming. Note, gross negligence or wilful shutting of his own or his mm eyes being equivalent to " suffering the gaming to he earned Bosley v. Davies, 1 Q. B. D. 84 ; 45 L. J. M. C. 27 ; 33 L. T. 528 ; 24 W. R 140 ; 40 J. P. 550 ; Redgate v. Haynes, 1 Q. 89 ; 41 J. P. 86 ; 33 L. T. (n.s.) 779 ; 46 L. J. M. 0. 65. where the manager goes to bed and leaves the house undc management of " the boots " during late hours, and gamisj on, the licensed person may be rightly convicted: Orabi Hole, 43 J. P. 799. And where the skittle-alley was in cha a separate attendant, who allowed gambling, though di generally by the license holder never to do so, the latter wi to be rightly convicted ; Bond v. Evans, 21 Q. £. D. 249 ; 6 613; 57 L. J. M. C. 105; 59 L. T. 411; 36 W. R. 767. where all that was shown was, that the potman who v proved to be in charge, saw some gambling and did noth prevent it, and the master was in another part of the buUdi knew nothing whatever about the matter, and the justices i to convict, the High Court held they were right: Sonu Hart, 12 Q. B. D. 360 ; 53 L. J. M. C. 77 ; 48 J. P. 327. Some gam£s illegal per se.] There are some gaines in themselves ; others are illegal only when played for i See an enumeration of illegal games in Jenks v. Turpin, 13 (J 505 ; 53 L. J. M. C. 161 ; 50 L. T. 808 ; 48 J. P. 489. Thu and dice are not in themselves unlawful : Allport v. NvUy ] 989 ; 14 L. J. C. P. 272 ; nor dominoes : R v. Ashton, 1 1 286 ; 16 J. P. 790 ; 22 L. J. M. C. 1. The games may be 1 as being mostly games of skill : Bew v. Harston, 3 Q. B. I 47 L. J. M. C. 121; 26 W. R 915; 42 J. P. 808; yet if for money they are equally gaming : Dyson v. Mason^ supn Friends of license holder,] The licensed keeper cam up any exemption from this enactment on the ground th persons playing at the game were his own private frienc not customers : Patten v. Rhymer, 3 E. & K 1 ; 29 L. J. 189; 24 J. P. 342; 2 L. T. 352; 8 W. R 496. And thou Act, 1874, section 30, post, allows him to keep private frie his house after closing hours, he is still liable imder this sec he allows them to game: Hare v. Osborne, 34 L. T. (N.a Osborne v. Hare, 40 J. P. 759 ; Cooper v. Osborne, 35 L. Ti 347 ; 40 J. P. 759. There is no penalty imposed by this Act on the persoi may be allowed to game in the house, unless, perhaps, the ji were to find as a fact that they were on the premises for tJ purpose of gaming, in which case see section 25, post. 35 & 36 VICT. 0. 94, s. 17. 39 Gaming houses. Sect. 17. r^E[aTd to bUlia/rds, though an alehouse keeper is exempt Note. 'Vict c. 109, 8. 11, from requiring a special license to ible, yet if the customers play for money the plav comeH le description of gaming. As to playing billiards after ours, see pod, section 75, and notes. at within brackets was repealed by Licensing Act, 1874, 13; but see that statute, section 13. The justices may 9 conviction to be recorded. ofld gaming houses,] The question what is an un- ;me under the Gkuning Act, 8 & 9 Vict c. 109, and the Souses Act^ 17 & 18 Vict c 38, was discussed in Jenks ^ 13 Q. B. D. 506; 53 L. J. M. C. 161 ; 50 L. T. (n.s.) L P. 489, where the game of baccarat, as played, was be more a game of chance than of skill, ana illegal. Rogier, 1 B. & C. 272; 2 D. & Ry. 431, the court said ming tended to injure public morals it was illegal and e. And a keeping of a common gaming house was said gal at common law: R, v. Rice, L. R 1 C. C. R. 21 ; M. C. 93; 14 W. R 56; 13 L. T. 382. But mere gaming not in a common gambling house is not un- Hawkins, J., said that the result of the statutes now is, 3 games are expressly declared to be absolutehr forbidden, e saming at which a penalty is attached. Such are ace pnaroah (faro), bassett, and hazard {Mackinnell v. Rohin- & W. 434), passage, and every other game with a die or ept backgammon) and roulet (or roly-poly), and any re game oi chance. The other games are unlawful only yed in common gamins houses. Thus, bowling, coyting, J Is, half-bowl, tennis, dicing table, or carding, were un- 1845, after which games of mere skill were said not to L The Gaming Houses Act, 17 & 18 Vict c. 38, was [awkins, J., to treat games of chance, or of chance and hmed, as unlawful ; but that the keeping of a common lOUBe is in itself a nuisance and indictable. hment for unlawful gaming houses.] The keeper jBe for unlawful gaming forfeits 500^. : 17 & 18 Vict. 4. Justices, except in me metropolitan police district, special warrant authorise constables to enter places in 18 suspected that unlawful games are holden and arrest found therein: 8 & 9 Vict c. 109, s. 3; 17 & 18 Vict ^ And like provisions are made for the metropolitan 3 & 9 Vict c. 109, ss. 6, 7. The obstruction of constables led by 17 & 18 Vict c. 38, ss. 1, 2. And persons found 40 LICENSING ACT, 1872, S. 17. Sect. 17, Betting homes. Note, in gaming houses are dealt with as set forth in 8 & 9 c. 109 ; 17 & 18 Vict. c. 38, ss. 6, 6. If two separate acts of betting and keeping of betting books I proved, this is some evidence of the oflfence of a common house : Foote v. Butler, 41J. P. 292. When a person is arrested and brought before a Jnstice ha J entitled to demand an information and summons befDre into a defence : Blake v. Beach, 45 L. J. Ill ; 40 J. P. Ex. D. 320. See R. v. Hughes, 4 Q. B. D. 614, wnte, p. Sa Parties convicted may appeal to quarter sessions nnder Summary Jurisdiction Acts, 17 & 18 Vict. c. 38, as. 10, 11; 47^* Vict. c. 43, sched. And as imprisonment may be ordered foir^ months they may, before the nearing, demand a trial by^" 42 & 43 Vict. c. 49, s. 17. See this Act, 1872, ss. 51, 52,pok Wagers on games,] All contracts by way of ^aning wagering are void; but such enactment does not apmy to I subscription or contribution, or agreement to subscribe <» tribute, for or towards any plate, prize, or sum of money toj awarded to the winner or winners of any lawful game, pastime, or exercise ; 8 & 9 Vict. c. 109, s. 18. This makes void a wager on a game of billiards, as it is not witfakj proviso : Parsons v. Alexmder, 5 E. & £. 263. The loser wager may, before the stakes have been paid over, repudiate wager and recover his money from the stakeholder: JSotf§ V. Walsh, 1 Q. B. D. 189; Diggle v. Higgs, 2 Ex. D. 4SI; J. P. 245. Keeping a betting home,] No house, office, room, or place shall be opened, kept, or used for the purpose of the occupier, or keeper thereof, — or any person using the aai any person procured or employed by or acting for or on of such owner, occupier, or keeper, or person using tJbe or of any person having the care or management or in manner conductii^ the business thereof,— betting with _ resorting thereto; — or for the purpose of any money op val thing being received by or on behalf of such owner, keeper, or person as aforesaid, as or for the consideration for assurance, undertaking, promise, or agreement, express or pHed, to pay or give thereafter any money or valuable any event or contingency of or relating to any horse-race or race, fight, game, sport, or exercise,— or as or for the tion for securing the paving or giving by some other ^ any money or valuable thing on any sucn event or conti as aforesaid ; and every house, office, room, or other place kept, or used for the purposes aforesaid, or any of them, is 35 & 36 VICT. c. 94, s. 17. 41 Betting houses. Sect. 17. ) be a common nuisance and contrary to law : 16 & 17 Note. )y 8. 1. 5ry house, room, office, or place opened, kept, or used irpoees aforesaid, or any of them, shall be taken and be a common gaming house within the meaning of . c 109 : 16 & 17 Vict. c. 119, s. 2. / for keeping betting house,] Any person who, owner or occupier of any house, office, room, or e, or a person using the same, shall open, keep, or ne for the purposes hereinbefore mentioned, or either —and any person who, being the owner or occupier tuse, room, office, or other place, shall knowingly and termit the same to be opened, kept, or used by any on for the purposes aforesaid, or either of them ; — and 1 having the care or management of, or in any manner a <x)nducting the business of, any house, office, room, or led, kept, or used for the purposes aforesaid, or either of all, on summary conviction thereof before any two ' the peace, be liable to forfeit and pay such penalty, not 1002., as shall be adjudged by such justices, and may be judged by such justices to pay such costs attending such L as to the said justices shall seem reasonable ; and on apnent of such penalty and costs, or in the first instance Bid justices it shall seem fit, may be committed to the ^1 or house of correction, with or without hard labour, Die not exceeding six calendar months : 16 & 17 Vict. 3; 47 & 48 Vict. c. 43, sched. Iflfendant choose he may, before the charge is gone into, iadal by jury : 42 & 43 Vict. c. 49, s. 17. Separate acts of betting with strangers are proved and ioIeb, this is some evidence of keeping a betting house : BuUer, 41 J. P. 792. But if the betting takes place members of a club this is not an offence within these (Hdham v. Eainsden, 44 L. J. C. P. 309 ; 32 L. T. 825 ; cmtaxm of section 3 of this Act (16 & 17 Vict. c. 119) is idly repealed as regards license holders by the Licensing f i^ection 17, the only effect being that one cannot be under both enactments : Sims v. Pay, 58 L. J. M. C. 39; »; eO L. T. 602. ng to pay money on tlie event of a race, fight, dc] m being the owner or occupier of any house, office, iliDe opened, kept, or used for the purposes aforesaid, or iiei&y or any person acting for or on behalf of any such 42 LICENSING ACT, 1872, s. 17. Sect. 17. Betting houses. Note, owner or occupier, or any person liaving the care or manage or in any manner assisting in conducting the business uu who shall receive, directly or indirectly^, any money or val thing as a deposit on any bet on condition of paying any sn money or other valuable thing on the happemng of any ev« contingency of or relating to a horse-race or any other lace^ 08 fight, game, sport, or exercise, or as or for the consideratioi any assurance, undertaking, promise, or agreement, expe implied, to pay or give thereafter any money or valuable tmi any such event or contingency — and any person giving acknowledgment note, security, or draft on the receipt 9 money or valuable thing so paid or given as aforesaid, puiptH or intended to entitle the bearer or any other person to rec any money or valuable thing on the happening ofiany such eva contingency as aforesaid, — shall, upon summary conviction t3« before two justices of the peace, forfeit and pay such penalty, exceeding 50Z., as shall be adjudged by such justices, and nui( further adjudged by such justices to pay such costs attending i conviction as to the said justices shall seem reasonable; an the non-payment of such penalty and costs, or in the first insb if to such justices it shall seem fit, may be committed to common gaol or house of correction, with or without hard lab for any time not exceeding three calendar months : 16 & 17 1 c. 119, s. 4; 47 & 48 Vict. c. 43, sched. And any money or valuable thing received by any such pc aforesaid as a deposit on any bet, or as or for the consideiataoi any such assurance, undertaking, promise, or agreement as al said, shall be deemed to have been received to or for the IH the person from whom the same was received ; and such moiM valuable thing, or the value thereof, may be recovered aoo ingly, with full costs of suit, in any court of competent jnri tion: 16 & 17 Vict c. 119, s. 5. But nothing in this Act contained shall extend to any pc receiving or holding any money or valuable thing by ira stakes or deposit to be paid to the winner of any race, or la sport, game, or exercise, or to the owner of any horse engagi any race: 16 & 17 Vict. c. 119, s. 6. Advertising betting houses.] Any person exhibiting or lishing, or causing to be exhibited or published, any pla handbill, card, writing, sign, or advertisement whereby it •be made to appear that any house, office, room, or pla opened, kept, or used for the purpose of makinff bets or wi in manner aforesaid, or for the purpose of e^diibiting list betting, or with intent to induce any person to resort to 35 & 36 VICT. c. 94, s. 17. 43 Betting houses. Sect 17i 3, office, room, or place for the purpose of making bets or Note. xs in manner aforesaid, or any person who, on behalf of the ST or occupier of any such house, ofl&ce, room, or place, or m using the same, shall invite other persons to resort thereto tihe purpose of making bets or wagers in manner aforesaid, , upon summary conviction thereof before two justices of the e, forfeit and pay a sum not exceeding 30^, and may be ler adjudged by such justices to pay such costs attending such dction as to the said justices shall seem reasonable; and on non-payment of such penalty and costs, or in the first in- ce, it to such justices it shall seem fit, may be committed to oommon gaol or house of correction, with or without hard >nr, for any time not exceeding two calendar months : 16 & 17 L c 119, 8. 7. liose who send, exhibit, or publish, or cause to be published, letter, circular, telegram, placard, handbill, card, or advertise- It offering information or advice as to bets or wagers, or to lice people to apply for information or advice, or to invite PCS in such bet or wager, shall be subject to the penalties in Vth section above quoted: 37 & 38 Vict c. 15, s. 3. This ctment only refers to oetting in betting houses : Cox v. Andrews^ liB.D. 126; 48 J. P. 247. WoAtrant to search suspected betting houses.'] It shall lawful for any justice of the peace, upon complaint made >ze him on oath that there is reason to suspect any house, hB^ room, or place to be kept or used as a betting house or 3e^ contrary to this Act, to give authority bv si)ecial warrant Ler his hand, when in his discretion he shall think fit, to any Btable or police officer, to enter with such assistance as may be Oid necessary into such house, office, room, or place, and, if QMuy, to use force in making such entry, whether by breaking II doors or otherwise, and to arrest, search, and bring before a Soe of the peace all such persons found therein, and to seize all i^ cards, or other documents relating to racing or betting found nch house or premises ; and any such warrant may be accord- to the form given in the first schedule annexed to the before- itioned 8 & 9 Vict c. 109: 16 & 17 Vict c. 119, s. 11. See 1^ u. 39, tit " Gaming House." Old if any superintendent belonging to the metropolitan police e shall report in writing to the commissioners of police of the lopolis that there are good grounds for believing, and that he I beLLeve, that any house, office, room, or place within the ropolitan police district is kept or used as a betting house or 6^ contrary to this Act, it shall be lawful for either of the said 44 LICENSING ACT, 1872, s. 18. Sect* 17. commissioners, by order in writing, to authorise the sin -jT^" tendent to enter any such house, office, room, or place, "witn • constables as shall be directed bv the commissioner to accom him, and, if necessary, to use force for the purpose of eflb such entry, whether by breaking open doors or otherwise^ n take into custody all persons who shall be found thereiii, a seize all lists, cards, or other documents relating to radl betting foundjin such house or premises: 16 & 17 Vict d s. 12. See ante, p. 39, tit. " Gaming House." Appeal to quarter sessions,] Those who are convicted appeal to quarter sessions under the Summary Jurisdiction i 16 & 17 Vict. c. 119, 8. 13; 47 & 48 Vict. c. 43, ached, notes to 35 & 36 Vict. c. 94, s. 52, post, 18. Power to exclude drunhards from lieen premises J\ Any licensed person may refuse toadm and may tnrn out of the premises in respect of ^ his license is granted any person who is drunken, vid quarrelsome, or disorderly, and any person whose ] sence on his premises would subject him to a peD under this Act. Any snch person who, npon being requested in] snance of this section by snch licensed person, or agent or servant, or any constable, to quit such pre© refuses or fails so to do, shall be liable to a penalty exceeding five pounds, and all constables are reqx on the demand of such licensed person, agent, or sa to expel or assist in expelling every such person such premises, and may use such force as ma; required for that purpose. The court committing any person to prison for payment of any penalty under this section may « him to be imprisoned with hard labour. This offence may be committed on premises having an 000c license : Licensing Act, 1874, section 20. In turning out a person who is drunken, violent, quam 35 & 36 VICT. 0. 94, s. 19. 45 laoxderly, no more force can be lawfully nsed than is necessary 86gL !& rvBTCome the resistance of the person to be turned out. And i^QnQ^ g[ue8t to leave peaceably shoula always be first made to snch Km, and proved on the hearing of the charge. And the con- lie acts usually as the a^ent of the licensed person, unless he mtnessed some violation of the Act. The persons whose MEiice on the premises would subject them to a penalty will be, cocample, persons acting contrary to sections 14 to 17 inclusive. tihe licen£m person turn out a person who is not drunken, Ifinty quarrelBome, or disorderly, or whose presence would not geet m'm to a penalty, then such i)er8on, when turned out, Knot be convicted under this section. Where a chimney-sweep his working dress came to the public-house baramongst ttiecom- ay and refused to leave, it was held that he could be excluded £>rce, even though the premises were an inn : Pigeon v. Legge, J. P. 743. And the same where a person had a large dog aompanying him, which caused reasonable alarm : R. v. Rymefty f^ K D. 136 ; 46 L. J. M. C. 108 ; 41 J. P. 199 ; 25 W. R. 415. ^ fmther as to the right of excluding persons, section 49 and A person cannot be convicted under the second paragraph of Ib section unless he has been drunken, violent, quarrelsome, ■orderly, &c., and a previous request to leave addressed to him f the licensed person, his agent or servant, or a constable, is lOved, and also a failure and refusal to leave thereupon. Where ^Vetal persons are charged on one information for refusing to quit, fis is a mere irregularity, and may be waived, and a separate Mddction of each would be right : Wells v. Cheney^ 36 J. r. 198. THie power to commit to prison for non-payment of the penalty t^ arises after insufficient distress, pursuant to 42 & 43 Vict. h4^ 8. 21, and the time of imprisonment must be regulated by |te nme Act^ section 5. See notes to section 51, ;post. jWheie one of two drunken soldiers came to a publican's house Iber being already refused, and being refused admission a second PH^ rushed in and demanded beer, and on being collared by the fttiuard and put out, the other attacked the lancQord with a sharp Mmment, and gave a wound which caused death, the judge held htti were guilty of murder, for the landlord acted within his t^ : B, V. WillmghJby, 1 East P. C. 288. 19, Penalty on adulteration of intoxicating liquors fepealed by Licensing Act, 1874, section 33. See that Lot^ section 14, and notes). 46 LICENSING ACT, 1872, s. 23. S6ct20. 20. Possession of adnlterated liquor or delota ingredients {repealed by Licensing Act, 1874, aed 33 and 14, po5i). 21. Schedule of deleterious ingredients (repealm Licensing Act, 1874, sections 33 and 14, post). 22. Analysis of intoxicating liquor (repeaUi Licensing Act, 1874, sections 33 and 14, post). Closing Licensed Premises in Case of Riot 23. Power of justices to close licensed prem in case of o^iotJ] Any two justices of the peace ioi for any connty or place where any riot or tumnlthaff or is expected to happen may order every lioeB person in or near the place where such riot or tOB happens or is expected to happen to close his preiB during any time which the justices may order ; andi person who keeps open his premises for the aala intoxicating liquors during any time at which ihe. tices have ordered them to be closed shall be liaU a penalty not exceeding fifty pounds ; and it Ad lawful for any person acting by order of any jusiaci use such force as may be necessary for the purptt closing such premises. This section is a re-enactment in language somewhat vu 9 Geo. 4, c. 61, s. 20, and is now applied not only to alehous also to beerhouses, and all houses lor which a justices' certi& necessary. The penalty is increased from five poundB tc pounds. It is essential in any conviction under this secti allege and prove specifically two things : 1. That the jn during a riot or tumult, &c., ordered tne house to be doee such order was served on the license holder ; 2. What w€ hours or days when the premises were so ordered to be do that it may be seen whether there was any excess of joriad A conviction which merely alleged that tne defendant ke| 35 & 36 VICT. c. 94, s. 25. 47 BnemiBes " during a time at which the justices ordered them to Sect. 23* Aoeed " was held bad as being too vague : Neioman v. Earl of ' — rdwicke, 9 A. & E. 124 Note. Times of closing. {Repealed by Licensing Act, 74, section 33. See that Act, sections 3, 5, 6, 9, 10, y and notes.) 25. Penalty on person found on premises Mring closing hours.] If during any period during aich any premises are required under the provisions L this Act to be closed, any person is found on such femises, he shall, unless he satisfies the court that he pis an inmate, servant, or a lodger on such premises, i'B bond fde traveller, or that otherwise his presence H such premises was not in contravention of the pro- bsions of this Act vrith respect to the closing of pensed premises, be liable to a penalty not exceeding Irty shillings. Any constable may demand the name and address of Hy person found on any premises during the period iteing which they are required by the provisions of Act to be closed, and if he has reasonable ground irappose that the name or address given is false, may e evidence of the correctness of such name and iddress, and may, if such person faU upon such demand I'giTe his name or address, or such evidence, apprehend pn without warrant, and carry him, as soon as prac- leftble, before a justice of the peace. Any person required by a constable under this odion to give his name and address, who fails to give ha s^me, or gives a false name or address, or gives ftbe evidence vrith respect to such name and address, hall be liable to a penalty not exceeding five pounds. 48 LICENSING ACT, 1872, s. 25. Sect, 25. Every person who by falsely representing hi be a traveller or a lodger, buys or obtains, or to buy or obtain, at any premises any int< liquor during the period during which suchprei closed in pursuance of this Act, shall be lia penalty not exceeding five pounds. This section is a re-enactment in different langos repealed sections of 32 & 33 Vict. c. 27, s. 16, and 33 < c. 29, s. 6. Found ati premises not in contravention of j. offence created by the first paragraph of the section is, 1 being found on licensed premises during prohibited 1 not satisfying the court tnat he is an inmate, servai traveller, or otherwise not contravening the section. L convict the person found on the premises, it is not nece the keeper of the house should have committed any offe on the other hand, is it necessary in order to convict person found should have consumed or purchased a during the prohibited hours. The mere presence of t found is sufficient primd facie evidence of the offem explained. The exnlanation, which will no doubt be given, will be, that the person found is a " Mend of th and is on a visit of friendship or condolence or mutua tion. It was under this Act, before the Act of 1874 p unlawful for a licensed person to entertain a visitor even during prohibited hours, and in order to define th stances under which the friend will escape liability it is to consider what meaning is to be given ,to the words ** vention of the provisions of this Act with respect to The only object of the provisions as to closing as declai Act, 1874, section 9, is to prevent the selling or exposii of liquor, or keeping open the premises for the sale c during those hours, or allowing liquors already sold t sumed there, or permitting anything equivalent to a sa sumption, as explained by section 62 ; therefore the will not be contravened if there is no selling and no keej or exposing to sale or consumption of liquors on the during those hours by persons of the class of customei chasers. It would seem to follow that if a person is the premises, and is a private friend, or has any lawful there, the mere fact of the licensed person giving (nc liquor to such visitor would not amount to any offence. 35 & 36 VICT. 0. 94, s. 25. 49 oyner band, if the liquor was actually sold to, or consumed by, Sect. 26. wbo is there as a customer, and not as a private friend, it ^^ — Id. This view of the construction of this section has been ^^'^^ t clearly supported by the Act, 1874, section 30, which teealj exempts &om any penalty a licensed person who ing prohibited hours entertains his private friend bond Me at vwii ez]^ense. It will thus be a delicate inq^uirv in such cases he justices to discriminate between sham fnenoships and real dtality, or lawful business. A ''private Mend" is a some- t Tagae phiase, but justices may, from the explanations, easily e its meaning in each case. Not only private friends, how- ' but persons having other lawful business on the premises Id also be exempt, however difficult it may be to describe the IMons of their being lawfally there. If, for example, people e been frequenting me house, and paying for their liquor in oardinary way, ana being about to leave on the closing hour ving, the licensed person says he will treat them as his private ads, and allows tibem to remain later, this will usually be ted as a mere device, and the host will be held liable to the Ay : Corhett v. Haighy 5 C. P. D. 50 ; 42 L. T. (n.s.) 185 ; J. jP. 39 ; 28 W. R. 430. The mere fact of persons being «(e friends, and lawfally on the premises during closing hours, I not entitle the landlord to allow them to carry on gaining : V V. Osbcyme^ 34 L. T. (n.s.) 294 ; Oshimie v. Hare, 40 J. P. 759 ; Mr V. Osborney 34 L. T. (n.s.) 347 ; 40 J. P. 759 ; nor to play uHards : Ovenden v. Ba/ymond, 40 J. P. 727. aother instance of no penalty being incurred will occur in Nsn^ and tobacconists' shops, where customers after closing Bi are bond fide purchasing oilier articles, as tea, sugar, cigars, A a licensed person is not prohibited from seUing. See Ah v. Heighesy 1 Q. B. D. 330 ; 40 J. P. 661 ; 45 L. J. M. C. < 84 L. T. 242 ; 24 W. R. 58 ; Ex paHe Joynt, 38 J. P. 390. Laee notes to section 69. JBii this section obviously cannot apply to persons at or near a iiy station refreshment room, ythiGn need not at any time be ld| if Hiere are persons arriving at or departing from the station wzoad. See Act, 1874, section 10, post, and notes. ^omtaile demariding visitor's address,] The visitor found fte premises during prohibited hours is bound to give his A and address, on request, to a constable ; but he is not id to give it to any other person. As to the constable dlfng evidence of the correctness of the name and address Sit is difficult to define what this means. The person eaimot be ein)ected to do more than assert his correct name ; at the same time, if the name and address given 50 LICENSING ACT, 1872, s. 26. Sect. 25. turn out to be false, the constable, acting at his peril, will be i — to justify the apprehension, if made. The moie prudent c Note. £qj. ^j^^ constable will be to proceed against the visitor if the : and address be refused or is false, and not apprehend on the ground, namely, "giving false evidence with respect to name or address,*' which must be a very vague and ground to proceed upon, so far as he is concerned, and will] great judgment to work out within the limits of the law. The offence committed under the third paragraph seems < from that under the first paragraph, and they are cumulative. order to establish the offence, a previous request by the confb must be proved ; and in all cases the reasonableness and trn&l the information given will be important. No power is given to the constaole to turn out the visitor J on the premises, or detain him till inquiries are made; though he may, in the circumstances stated, apprehend the via and carry him before a justice, this will be at the risk of constable. Found on unlicensed premises,] There is also a imposed on persons found on unlicensed premises, or liquor is found for unlawful sale. See Ac^ 1874^ sectioiL post. False representations by travellers,] The penalty oni falsely representing themselves to be travellers or lodgen, attempting to buy liquor, is new, but was needed in order prevent the easy evasion of the enactment. The false repi tion must be made to the licensed person, or his servant manager, and it is immaterial whether the attempt to get " was successful. It may be doubted whether the "tra^ here mentioned inchides a "person arriving at or dei from a railway station by railroad," as described in Act^ section 10, post. If the pretended traveller does not aak liquor, the last clause of the section does not touch him. 26. Exemption from closing by order of authority in respect of certain trades.~\ The boJ authority of any licensing district, upon the prodlft* tion of such evidence as such authority may defli sufficient to show that it is necessary or dedraU^ so to do for the accommodation of any consideraMt number of persons attending any public marketi ^ 35 & 36 viOT. 0. 94, s. 26. 51 g any lawful trade or calling, may grant, if Sect. 26, ithority think fit, to any licensed victualler sed keeper of a refreshment house [or any licensed to sell beer or cider by retail to be 3d upon the premises], in respect of premises in lediate neighbourhood of such market, or of the here the persons follow such lawful trade or an order exempting such person from the pro- of this Act with respect to the closing of his 3 on such days and during such time, except . the hours of one and two of the clock in the J, as may be specified in such order, lolder of an order under this section shall not ) to any penalty for not closing his premises on ys and during such time as may be specified in ler ; but he shall not be exempt from any other under this or any other Act, or otherwise. dee in such form as may be prescribed by the bhority, stating the days and hours during which oises are permitted to be open under such order iption shall be affixed and kept affixed in a con- j position outside the premises ; and if the f the order of exemption make default in affixing eping affixed such notice in manner aforesaid aiy part of the time for which his exemption is he shall be liable to pay a penalty not exceeding Qds. r person who keeps affixed to his premises any ice when he does not hold an order imder this shall be liable to a penalty not exceeding ten uch local authority as aforesaid may at any time, m fit to them, withdraw an order under this e2 62 LIOBNSINQ ACT, 1872, s. 26, S®ct_26. section, or alter the same by way of extension or re tion, as such authority may deem necessary or so, however, as not to render any person liable to penalty for anything done under such order before holder was informed of such withdrawal or altei The following persons and bodies of persons sM deemed to be local authorities of licensing districtB the purposes of this Act, that is to say, — (1) In the metropolitan police district, the missioner of police for the metropolis, to the approbation of one of Her Maj( principal Secretaries of State : (2) In the city of London and the liberties so far as they are not included in the politan police district, the commissioiier city police, subject to the approbation of Lord Mayor of the said city : (3) In any other place, two justices of the peaoe petty sessions assembled. The words in brackets were inserted by the Licensing Act^ 1S74 Hections 4, 5. The exemption order,'] This section contemplates the ing of a permanent exemption order, intended to last months, or it may be years, or indefinitely, without any ]^ Kpecified. The object is to confer this exemption on ceiliii houses, 80 as to allow them to be open during part of the jnK hibited hours, without incurring the usual penalty. The luNB' of exemption must be specified in the order of the local aotil^ rity. The power of exemption is conferred not* only at tt licensed victualling houses, that is, alehouses licensed unte 9 G^. 4, c. 61, and refreshment houses licensed under 23 Yiet c. 27, but also on houses licensed for beer and dder to ll consumed on the premises. Out-door licensed houaee aie not entitled to this exemption order. The premises must be in tiie '< immediate neighbourhood" of the market or place wheie tte 35 & 36 VICT. 0, 94, s. 26. 63 bllow their trade or calling. The commissioner or jus- Soct. 2da to decide what is a considerable number of persons, and jf qte. ihe inmiediate neighbourhood ; probably all that is meant the premises be near and convenient, though the local f is not restricted to select the nearest house, nor to limit r to a single house. Though all persons attending a theatre luded in the original enactment, but are now excluded by Qsing Act, 1874, section 4, still the persons following the )f seryants, attendants, or actors at a theatre will come he words. ^/)CaZ a/tithority,] It is entirely discretionary in the local Y to grant this exemption order, though all the con- fe fumUed. It is also to be obtainable without notice, so ' one of the public would have no right to be heard or to the granting or altering of such order. And for a like no appeal seems to be given against the refusal, at least is the commissioners of police. x^ authority is not bound to follow any rules of evidence nibject^ but me order should recite the ground on which nption is conferred — ^for example, in respect of what trade, or calling the exemption is given, and should state person exempted is a licensed victualler, or refreshment- eeper, or licensed beerhouse keeper, and the precise days rs of the exemption* %g a notice v/p.l To keep afi&xed on the premises a mplies the duty to renew the notice. icense holder should apply to the local authority to define I of the notice to be affixed. ifih paragraph makes the order revocable at will by the thozity, and no reason need be ^ven for the withdrawal, rlcular mode of giving notice of the withdrawal is It may be, however, assumed that the order will be im in the same way as it was made, with the addition of tlie notice of withdrawal on the party holding the order |ition. The order should not specify any period during i shall be in force, since it can be revoked at any time, and b1 wiU cease at the end of the licensing year, unless the raoQ. continues to hold the license. udder of this exemption order is liable to a penalty for not Qig it on a lawful demand : section 64, 'post I occasional exemption orders intended to last only for a m& or two days at a time, see 'poit, section 29, and notes. ^4 LICENSING ACT, 1872, s. 28. ^ect. 26* As to occasional licenses authorising a sale of lie ■JTr places than the licensed premises, see posty 25 & 2 ^"^"* s. 13; 26 & 27 Vict. c. 33, s. 20; 27 & 28 Vict c. 18, 27. Intoxicating liquors not to be refreshment house during the hours house would be closed if it were an in toxicating liquor shall be consumed upoi licensed as a refreshment house, but not fc of any intoxicating liquor, during the ho which the same premises would, if they licensed premises of licensed victuallers, be law for the sale and consumption of intoxical If any person, licensed to keep such r house, allows any intoxicating liquor to be co the premises in contravention of this section, liable for the first oflFence to a penalty not ex( pounds, and for any subsequent offence to a ] exceeding twenty pounds. This section is confined to refreshment houses not the sale of intoxicating liquors. These houses are , the Acts 23 Vict. c. 27, and 24 & 25 Vict. c. 91, s. 8 ; c. 64 ; 28 & 29 Vict c. 77, post. See also Licensing section 11, as to night houses. As to what is a refreshment house, see 23 Vict c. notes, post. The penalty can only refer to liquor which had I by a guest to be consumed during tne ordinary prohi 28. Amendment of law as to rej Juyuses.^ Every refreshment house in respect license is granted for the sale therein by retail wine, upon which license an abatement of dut allowed under 24 & 25 Vict. c. 91, s. 9 {post "An Act to amend the Laws relating to i Revenue," shall be closed every night at i 35 & 36 viOT. 0. 94, s. 29. 55 |m& ; and if any person keeping any snch refreshment Sect. 28« jjnse as is mentioned in this section sells or exposes for Bk in such refreshment house, or opens or keeps open Igr such refreshment house for the sale of intoxicating during the time that such house is directed to be by ibis section, or during such time as aforesaid rs any intoxicating liquor to be consumed on such Hwnises, he shall for the first offence be liable to a booaliy not exceeding ten pounds, and for any sub- liqiient offence to a penalty not exceeding twenty Mnds. [Any conviction for an offence against this section ball be recorded on the license of the person convicted, Kkdess the convicting magistrate or justices shall other- wise direct.] This section applies only to refresliment houses selling by retail 3aeign wine, for whicli abatements for license duty are obtained ^ the condition of the house not being kept open after 10 p.m. : 4 & 25 Yict. c. 91, s. 9. The part wUhm brackets was repealed by Licensing Act, 1874, Mion 33 ; but see that Act, section 13. The justices may record lie conviction on the license. Part of the original section has been left out, being repealed by 8 & 47 Yict c. 39, sched. 29. Local authority may grant occasional icenses exempting from provisions relating to losing d/uring certain hours.'] If any licensed victual- ar or keeper of a refreshment house in which intoxi- iiing liquors are sold [or any person licensed to sell eer or cider by retail to be consumed on the premises], Implies to the local authority of a Hcensing district (ff a Kcense exempting him from the provisions of Ins Act relating to closing of premises on any special )ocasion or occasions, it shall be lawful for such local 56 LICENSING ACT, 1872, s. 29. Sect. 29. anthoritj, if in his discretion he thinks fit i to grant to the applicant an occasional lie empting him from the provisions of this Act to closing of premises during certain hours, the special occasion or occasions to be specifi< license; and no licensed victualler or keeper freshment house [or person licensed to sell beer to be consumed on the premises] to whom an o license has been granted under this section subject to any penalty for the contravention of visions of this Act relating to the closing of during the time to which his occasional license but he shall not be exempted by such occasions from any penalty to which he may be subjec other provision of this or any other Act of Par] The words withdn brackets were inserted by the Lice 1874, section 6. As to who is the local avihority of a licensing district, i 26 and notes, ante, p. 62. The holder of this occasional exemption order is bom penalty to produce it on a lawful demand : section 64, j An occasional license to sell liquors at places othe licensed premises was authorised by 25 & 26 Vict, c 22, 26 & 27 Vict. c. 33, ss. 19, 20, 21 ; 27 & 28 Vict c. 18, see Licensing Act, 1874, sections 18, 19, 20. Special occasion,] The nature of the "special oc left to the local authority, and the usual occasion is s festival or entertainment, as to which the discreti< authority seems unlimited and without appeaL The lb accordingly will not interfere, even thougn justices to mas Eve and New Year's Eve as special occasions: Keeling, 50 J. P. 551 ; 34 W. R. 718. The applicatio keeping open the licensed premises during some p ordmary prohibited hours on account of the local fest as a fair, race, ball, &c. It is to be noticed that the < extends only to "the provisions of this Act relating of premises during certain hours,'' which are now tin Licensing Act, 1874, section 2. And the license cai granted to houses for in-door consumption. By 38 & 39 Vict c. 21, s. 1, the holder of an occaaiox 36 & 36 viOT. 0. 94, s. 30. 57 lis 29th section shall not be liable under the Act 26 Qeo. 2, Sect. 29. le Music and Dancing Licenses Act for London and West- ,^"^ and 20 miles round), ante, p. 30, to any penalty for being Note. qa midnight to the hour for closing specified in the occa- icense. Repeated Convictions. >. Forfeiture of license on repeated con- PW« J If any licensed person on whose license two idons for offences committed by him against this ave been recorded, is convicted of any offence is directed by this Act to be recorded on his I, ihe following consequences shall ensne ; that is The license of such licensed person shall be for- feited, and he shall be disqualified for a term of five years from the date of such third con- viction from holding any license ; and The premises in respect of which his license was granted shall, unless the court having cogni- zance of the case in its discretion thinks fit otherwise to order, be disquahfied from receiv- ing any license for a term of two years from the date of such third conviction. led that nothing in this section contained shall it the infliction by the court of any pecuniary f or any term of imprisonment to which such A person would otherwise be liable, or shall pre- Hie court from exercising any power given by any leddon of this Act of disqualifying such licensed i or such premises for a longer period than the nentioned in this section. fkensed person" does not include a mere refreshment- mgfg&c : section 74, post. eonTictions here mentioned must be convictions for offences tted by the same person against and therefore subsequent Act| though they need not be of the same description. 68 LICENSING ACT, 1872, s. 31. Sect. 30. There is no limit of time specified between the three convictk but by the next section (section 31) a partial limit is defined : Note, gome purposes. And by section 32 no conviction is to count some purposes after the lapse of five years from its date. The previous conviction may be proved by a certified exti from the register kept by the clerk of the convicting justices: & 43 Vict. c. 49, s. 22 ; or in some cases from the register of lioei under section 58. See also 34 & 35 Vict c. 112, s. 18. The effect of a forfeiture of a license is, that from the dati conviction the house ceases for all purposes to be licensed, and person can thereafter apply during the current licensing i either for a transfer or a renewal : B. v. West Riding J J,, 52 J 455 ; 21 Q. B. D. 258 ; 57 L. J. M. C. 103 ; 36 W. R 268. The words " which is directed by tliis Act to be recorded his license " are interpreted by the Licensing Act, 1874, seel 13, to mean "which is directed by the justices to be recoidi and thus an ambiguity under the original Act, 1872, is avoii But those convictions recorded by compulsion of law since Act, 1872, and before the Act, 1874, will remain in force; The justices seem to have no power to alter the period of ' qualification of the person from five years or of the premises I two years to shorter periods respectively. But they may Ijj order prevent the disqualification of premises altogeth^. ! license or certificate becomes void when the disqualificati(Hi ti effect : section 44, and see section 63, post, The effect of a person being disqualified for five years seen be that any license granted or transferred to him by inadveili during that period would be void. But after the lapse of five years, he might obtain a transfer, like other peisons. Where a conviction is such that if repeated the premises I be liable to be disqualified, the clerk oi the licensing justitt to serve notice thereof on the owner. See section 66, port. 31. Disqualification of premises.'] The tdk ing additional provisions shall be enacted with re8| only to convictions of persons who may hereafter beoc licensed in respect of the premises, and shall not 9f to a conviction of any person licensed for any preoi at the passing of this Act so long as he is license! respect of the same premises ; viz. — (1) The second and every subsequent convictioo corded on the license of any one such per shall also be recorded in the register licenses against the premises : 35 & 36 VICT. c. 94, s. 31. 69^ When four convictions (whether of the same or 8ect.31» of diflFerent licensed persons) have within five years been so recorded against premises, those premises shall dnring one year be disqualified for the purposes of this Act : [f the licenses of two such persons licensed in respect of the same premises are forfeited within any period of two years, the premises shall be disqualified for one year from the date of the last forfeiture : jd that where any premises are disqualified his section notice of such disqualification shall 3d upon the owner of the premises in like manner •der of disqualification is required to be served bis Act, and the regulations for the protection of ler of premises in case of an order of disqualifi- hall, so far as the same are applicable, extend to ) of disqualification under this section. ection only applies to persons who had no license or 3 on the lOth August, 1872, in respect of the same pre- rhose who had such license or certificate will continue iom the section so long only as they continue to be ht the same premises. ► "be bome in mind that no conviction can be recorded on se except where directed to be recorded by the justices, always have a discretion on that matter. See Act 1874, \B second recorded conviction only that is to be the first against the premises in the register. t no consequence, under sub-section (2), whether the suc- mvictions be for the same offence or by the same person^ 'e convictions have been recorded against the successive xscapiers of the same premises within five years (which ir against the premises), the premises shall by operation %w become disqualified for one year. So, unaer sub- I), if the licenses of two successive tenants are forfeited iaiB, the same disqualification will attach by operation of 1 persons who purchase licensed houses will thus, besides ^0 LICENSING ACT, 1872, s. 32. £ect. 31. requiring the usual legal title, require to searcli the re _; — licenses to discover the moral character of " the premises.' Note. ^ Disqualification during one year,] The effect of being fisqualified for one year will be that if bjr inadverl justices should renew the license it would be void. Anotl would be as to in-door beerhouses licensed since 1869, justices in future would not be bound by the four giomi 32 & 33 Vict. c. 27, s. 19, post. Under sub-section (2\ s sub-section (3), the one year will count from the date of conviction. As to the consequences to the owner, see section 56. As to the effect of Licensing Act, 1874, section 13, i recording a conviction, see notes to that section. The proceedings as to serving orders of disqualifica stated in section 56. The notice to the owner can only be served personal] by post, by registered letter, see section 70, post. 32. Conviction after five yea/rs not to ii jpenaltyJ] A conviction for any oflfence under i shall not after five years from the date of such tion be receivable in evidence against any per the purpose of subjecting him to an increased or to any forfeiture. The conviction under this Act after five years loses itsi power, and is to be deemed non-existent, but only for the of increasing the penalty or causing forfeiture. It mi| been doubted whether, if the words " or to any forfeitn not been added, the word " penalty " would not have beei to be used in the popular sense, and to include such •quence as forfeiture of license, and disqualification of pei of premises, but owing to the last four words that vi€ untenable. According to the literal and technical meai word " penalty " applies only to a sum of money, and include imprisonment, forfeiture, disqualification, and ot sequences of a conviction. As the word is obviously n not to include forfeiture, it seems to follow that so far a the consequences described by section 30, the convictions will count, though they are more than five years old, for pose of disqualification of person and premises. And of may operate seriously against all persons applying for tn f I 35 & 36 VICT. 0. 94, s. 34. 61 grants of licenses. This section, therefore, practically does Sect. 32, apply to disqualification, subject to the express restrictions on t^ZTw t head in section 31. ^^^^ I 33. OmissixM to recoi^d conviction on license.^ we a conviction for an oflfence is by this Act directed Ebe recorded on the license of any person, the fact of such record having been made sliall not, if such con- ion be otherwise proved to the satisfaction of the bmrt having cognizance of any case under this Act, ■Qeinpt such person or the premises occupied by him any penalty to which such person or premises Id have been subject if such record had been duly le. And on such proof being given the omitted jbnviction may be recorded accordingly, and shall be jfaemed to have been duly recorded in accordance with Wb Act. ^31uB section practically makes the provision as to recording mictions on a license, one which executes itself, and the ocm is of little consequence since it can be cured at any time. Licensing Act, 1874, section 13, makes this apply to all cases iddch a license was formerly recorded by operation of the Act " of by the express order of justices. The recording of con- is provided for in section 55, post. Though the not jf of a conviction is not allowed to be relied upon by the convicted, still it may be an important matter to the owner premises, or at least to the purchaser of such property in ; to be able to search the renter, so as to ascertain the of the premises, and the risk of disqualification. 84. Penalty for defacing record of conviction license.^ If any person defaces or obliterates, or ipts to deface or obhterate, any record of a convic- (m his license, he shall be liable to a penalty not iBoeeding five pounds^ Ab the practice will be in fature to renew a license or certificate ly endorsement under section 48, this section may be of use. But 62 LICENSING ACT, 1872, s. 36. Sect. 34." the register of licenses (sect. 36) will probably be foiu ^T~l any attempt to deface a record of conviction niigat< person summoned must produce his license under sec* The justices cannot oraer this conviction to be recoi license. 35. Entry on premises by constable.'] by Licensing Act, 1874, section 33. See 1874, s. 16). Registers. 36. Register of licenses to be kept in district.] There shall be kept in every licei trict by the clerk of the licensing justices of th a register to be called the register of hcenses form as may be prescribed by such justices, c the particulars of all licenses granted in the di premises in respect of which they were gra names of the owners of such premises, and the the holders for the time being of such licensei shall also be entered on the register all fori! licenses, disquaUfications of premises, records o tions, and other matters relating to the license register. Every person appl3dng for a new hcens< renewal of a Ucense, shall state the name of tl of the premises in respect of which such ] granted or renewed, and such name shall be on the license, and the person whose name is shall, subject as hereinafter mentioned, be de the purposes of this Act to be the owner of the A court of summary jurisdiction may, on t cation of any person who proves to the court is entitled to be entered as owner of any pre 35 & 36 viOT. 0. 94, s. 36. 63 tof the person appearing on the register to be the Sect3C. r, make an order substituting the name of the taUcant, and such order shall be obeyed by the clerk ■ the licensing justices, and a corresponding correction jgr be directed to be made on the license granted in beet of the premises of which such appUcant clidms pbe the owner. Any ratepayer, any owner of premises to which a iense is attached, and any holder of a hcense within Ecensing district, shall upon payment of a fee of one ig, and any officer of police, and a;ny officer of Revenue in such district, without pajrment, shall itled at any reasonable time to inspect and take of or extracts from any register kept in pursuance section for such district ; and the clerk of the justices and every other person who prevents inspection or taking copies of or extracts from the ►, or demands any unauthorised fee therefor, shall Sable to a penalty not exceeding five pounds for offence. licensing justices may, if they think fit, cause i register kept in pursuance of this section to be into parts, and assign a part to any portion of licensing district ; and there shall be paid by each person to the clerk in respect of such registra- the sum or fee of one shilling for every license or renewed. leister is a convenient mode of enabling tlie owners and exB of jpremises to ascertain the "position of their tenant in of misconduct, since disqualification of premises may on almost every kind of offence, if repeated. If there are fliaa one person who is clerk of the licensing justices, the nahaU determine which of them is to keep this register ; see leetion 74. As to using the register a& evidence, see sec- 64 LICENSING ACT, 1872, s. 37. Note. Sect. 36. The words ^'lecoids of convictionB'' in tlie fiist paraomk not mean "records of convictions ordered to be recorddoAi license," but records of convictions of any holder of the pawi for the time being, whether ordered to be recorded on tlie fiM or not; see section bbypost In this register also must beeill any conviction for bribery or treating, or any report lespedil licensed person : 46 & 47 Vict. c. 51, s. 38. For definition of owner, see section 74, post, and liceiuoBgi 1874, section 29. By the Licensing Act, 1874^ section if owner may demand to have his name put on the register, ni justices should substitute the name of the applicant for thett of the person entered, notice should be given to tiie latter tbM might show cause and oppose the change ; and either may IQ imder section 52, post. The right to demand inspection of the register is confiad ratepayers, owners of licensed premises, license holdeis in district, constables, and Inland Revenue officers. The fee of one shilling is in addition to the fees pi^yaUi grants of licenses and certificates as well as transfers, as to id see 9 Geo. 4, c. 61, s. 15; 33 & 34 Vict. c. 29, s. 4, sab-eedMi And this fee is payable on renewals as weU as new giantB. Amendment of Law as to Grant of Licenses. 37. Licensing committee of justices in am ties.^ In coTinties a grant of a new license shall nol vaKd unless it is con&med by a standing committei the county justices, in this Act called the county lieem committee. The justices in quarter sessions assembled for ei county shall annually appoint from among themae for the purposes of this Act a county licensing commi or they may appoint more than one such commil and assign to any such committee such area of juris tion as they may think expedient. A county hcensing committee shall consist of not than three or more than twelve members. The quorum of a county licensing committee shal three members. 35 & 36 VICT. 0. 94, s. 37. 65 r vacancies arising in any such committee from Sect. 37. resignationi or other causes, may be from time to Blled up by the justices in quarter sessions by the committee is appointed. ounty licensing committee shall be deemed to be iding committee of the quarter sessions by whom are appointed for the year succeeding their ap- aent, and their jurisdiction and proceedings shall e affected by the termination of the sessions at I they were appointed. The members of a com- ) retiring at the end of the year may be re- ited ; and if from any cause members have not appointed in any year to succeed the retiring ers, such retiring members may continue to act committee until their successors are appointed. ) justices in quarter sessions shall make such itions with respect to the meetings of any such ittee and the transaction of business thereat as oay think fit. I clerk of the peace of the coimty shall, by himself deputy, be the clerk of the county licensing com- I or committees, and shall perform all such duties ition to any such committee or committees as he lired by law to perform in relation to the justices rter sessions assembled. e rest repealed by 46 & 47 Vict. c. 39, Sched.) onfinuation of a new certificate for houses licensed for ption off the premises is now required : Licensing Act, x^tion 24. reiAon of confirming authority,'] The confirming au- have the same discretion which the licensing jiistices leither more nor less ; and now in all cases that require ation their discretion is absolute. They need give no , and there is no appeal against their decision : Be Anr- 66 LICENSING ACT, 1872, s. 37. Sect. 37. nandale JJ,, 37 J. P. 85 ; R. v. Middlesex JJ,, 42 J. P. -J!"" They are bound, like the licensing justices, to hear all corap objections, such as that there are too many licensed hoiwefl^ the annual value of premises is insufficient, that the appHa of bad character, &c. The only qualification is that the com ing authority is not bound to hear any party who did not o before the licensing justices. See post, section 43. The eoBi ing authority does not stand towards the licensing justices n position of a court of appeal ; they are merely to go over the i ground, and to exercise their independent judgment on the i materials, or such materials as the applying and objecting JM place before them. They cannot reverse. The origin of the power of justices to grant a new liceu well as a renewal of a license, is found in 9 Geo. 4, c. 61, 8. L This 37th section deals with new licenses only so far as the! tions of the licensing committee in counties as the confin authority are concerned. Transfers of licenses come hefon general body of justices (including those who are memben d licensing committee) who sit at transfer sessions, which appointed under 9 Geo. 4, c. 61, s. 4, and require no conft tion. As regards renewals of current licenses, all the ju take part in these, as well as those who form the licensing ( mittee, and no confirmation is necessary. Grant of new licenses,] The grant of a new liceM certific£^f e is still to be made as before this Act in counfcii the justices at the general annual licensing meeting, hut grant will not be valid until confirmed by the county lica committee. As to the general duties and powers of justioeB grants, see 9 Geo. 4, c. 61, s. 1, post, and notes. A mandamus will lie to the justices in quarter sesaoi appoint a county licensing committee. There is, as already stated, no appeal to quarter sesdonsag the refusal of a new grant of a license or certificate. See sf schedule, which repealed 9 Geo. 4, c. 61, s. 27, as to new lid See also Licensing Act, 1874, section 27, to the same effect) cases of wine and beerhouse certificates. Object of confirrmng authority.] The confirmation h^ licensing committee is a sufficient check on new grants, and ] first body of justices refuse the application for a new gian^ decision is now final so far as quarter sessions are concerned, appeal to quarter sessions, however, remains as regards iM{ tions for renewals or transfers of licenses or certificates. Tm body of justices can, moreover, only refuse applications fort ficates for out-door wine, spirit, sweets, and ciaer licenses nndl 35 & 36 VICT. c. 94, s. 38. 67 e and Beerhouse Acts for certain reasons. See 32 & 33 Vict Soct. 87. ^, 8. 8, post^ and note& and this Act, sections 69, 74 Note. be applicants, therefore, for new licenses or certificates for oor consnmption cannot obtain an excise license under 9 » 4^ e. 61) s. 17, and 32 & 33 Vict. c. 27, s. 4, until they have only obtained the justices' license, but also the committee's Urmation of the license ; while no confirmation is needed for dooar licenses. \oced/ure before confirrmng authority.'] The mode of ob- ang confirmation of a new license by the committee is regu- d by section 43, and is subject to regulations to be made as to proceedings by the justices in quarter sessions. See also Act, % section 25. These regulations must be consulted in each litj as to what is required to be done by the applicants, and derk of the peace will give such information. ?he/e« payable to the clerk of the justices in respect of a new nee remains the same as before. See 9 Geo. 4, c 61, s. 15. to certificates under the Wine and Beerhouse Acts, the same 18 also due : 32 & 33 Vict. c. 27, s. 8. S[otices before new grants.'] The notices by applicants for f licenses are regulated by 32 & 33 Vict. c. 27, s. 7, which was inded to all cases by Licensing Act, 1872, section 40. 38- Incensing committee of justices in Xmghs^ In boroughs in which, at the commence- ot of the time appointed for the anntial appointment a licensing committee in this section mentioned, re are ten justices acting in and for such borough or tards, new licenses shall be granted by a committee, ) shall, for the purpose of such new licenses, perform ilie duties and be subject to the obligations of using justices. n every such borough as aforesaid the justices, ing in and for such borough, shall annually in the an^t preceding the commencement of the period ing which the general annual licensing meeting for h borough may be held, appoint from among them- res for the purposes of this Act a committee of not F 2 68 LICENSING ACT, 1872, s. 38. Sect. 38. less than three nor more than seven in nmnber, bo justice shall be appointed a member of such oonuu unless he is qualified to act nnder this Act. Any vacancies arising in snch committee (in iik referred to as the borongh licensing committee) 1 death, resignation, or other causes, may be from tin time filled np by the justices by whom the commith appointed. The quorum of a borough Ucensing committee 8 be three members. The members of the borough licensing commi retiring at the end of the year may be re-appoio and if from any cause members have not been pointed in any year to succeed the retiring memb such retiring members may continue to act as borough licensing committee until their successors appointed. The grant of a new license by a borough lioem committee shall not be valid unless it is confimMd the whole body of borough justices, who would, if Act had not passed, have been authorised to g! licenses, or by a majority of such body present at meeting assembled for the purpose of confirming i licenses. In boroughs in which there are not ten justioesM in and for such borough at such time as aforesaid^ licenses shall be granted by the qualified boroii|^ tices, but the grant of a new license by such joB shall not be valid unless it is confirmed by a joint i mittee appointed in respect of such borough in mfl hereinafter mentioned : A joint committee for any such borough as laatal said shall consist of three justices of the ooonl 85 & 36 VICT. 0. 94, s. 3S. 69 ^h such borough is situate, and three justices of Soet 88. 3orough [or if there are not three such borough ^ces, then the deficiency is to be supplied by ity justices, to be appointed by the county ising committee], but no justice shall be ap- ited a member of such committee unless he is ified to act under this Act. The three county !ces on a joint committee shall be appointed by county licensing committee. The same county ices may be appointed members of more than joint committee under this section. The borough ices on a joint committee shall be appointed by justices of the borough for which they act, or he majority of such justices assembled at any ting held for that purpose. Any casual vacancy iig in the joint committee from death, resigna- , or other cause, may from time to time be i up by the justices by whom the person ting such vacancy was appointed. The quorum le joint committee shall be five members. The or magistrate on the joint committee present ny meeting shall be its chairman ; and in the it of an equal division of the committee the xman shall have a second vote : rt here was repealed by 46 & 47 Vict. c. 39, jection shall be made to any licenses granted or i in^ pursuance of this section on the ground justices or committee of justices who granted med the same were not qualified to make such confirmation. and after the passing of this Act, the justices of shall not for licensing purposes, save in so far 70 LICENSING ACT, 1872, S. 38. Sect 38. as respects the power of appointing members of ajc committee, have any jurisdiction in a borough in the borough justices have for such purposes ooi jurisdiction. The words within brackets were inserted by LicensiiigAoti! section 21. No grant of a new certificate to sell liquors not to be on the premises requires any confirmation : Licenedng Act^ section 24. The powers of licensing committees.] This sectum the important distinction as regards boroughs with toi that the whole body of justices cannot exercise the grant a new license, the committee being substituted for body in respect to that matter. There being, however, said as to transfers and renewals, the whole boiy of jastioeB deal with these as before. Boroughs having a separate commission of the petM divided into those which have ten justices acting for the and those which have less. The word " borough" is d section 74, post. In the former case, the grants of new licenses and are to be made by the borough licensing committee, and by the whole body of borough justices, that is to aay, bf majority of those who attend a meeting for the purpose of c firming such licenses or certificates. The " commencement of I time appointed for the annual appointment of a licensiiig tt mittee" is "the fortnight preceding the commencement df geriod during which the general annual licensing meetiiiff nilfl eld for the borough." Therefore, in the country, this ii ^ fortnight before the 20th of August, and in Middlesex and Si before the 1st March, and at the commencement of sneh night, if ten justices exist, the licensing committee is to appointed. In boroughs which have less than ten acting justices, the gM^I of new licenses or certificates is to be made by the bonMO^ ji^ tices, and confirmed by a joint committee of three county JoMi and three borough justices, and if the borough justices are M*' cient, then by county justices, as stated above. A justice who is a brewer, &c, will count as one of tin t|% though he is disqualified by section 60, post^ from acting in wm cases. As to fees, see notes to last section. 35 & 36 VICT. c. 94, s. 40. 71 > jurisdiction of justices in boroughs, see also notes to Sect. 38. ^ c. 61, s. 1, pott. — mportant to notice that a license cannot be objected to for Notb. lincation of the justices. . Stipendiary magistrates may act a^ ng justices.^ Beyond the Kmits of the juris- of the metropolitan police courts a metropolitan )r stipendiary magistrate may act as one of the i empowered to grant or confirm licenses so far as \ any licensing district wholly or partly within sdiction. removes partly a disqualification in 2 & 3 Vict c. 71, s. 14, k 22 Vict. c. 73, s. 7. The word "grant" is obviously its popular sense, so as to include transfers and renewals rely. See as to some metropolitan magistrates indorsing under 5 & 6 Vict. c. 44, s. 1, post. >. Regulations as to new licenses and er of licenses,'] Every person intending to or a new license, or to apply for the transfer of a , shall publish notice of such application as ; that is to say, — In the case of a new license, he shall cause notice thereof to be given and to be affixed and maintained in manner directed by section seven of " The Wine and Beerhouse Act, 1869," and any enactment amending the same, and shall advertise such notice in some paper circulating in the place in which the premises to which the notice relates are situate, on some day not more than four and not less than two weeks before the proposed application, and on such day or days (if any) as may be from time to time fixed by the licensing justices : 72 LICENSING ACT, 1872, s, 40, Beet. 40b (2) In the case of the transfer of a license he fourteen days prior to one of the special i sions appointed by the justices for transfers of snch licenses, serve a notice intention to transfer the same upon one of overseers of the parish, township, or plan] which the premises in respect of which application is to be made are situate, and^ the superintendent of poUce of the This notice shaU be signed by the appKc by his authorised agent, and shall set forlihl name of the person to whom it is intended such license shall be transferred, together the place of his residence, and his trade' calling during the six months preceding time of serving such notice : (3) Any license may be authenticated in in which a certificate may be authentioatell pursuance of sub-section two of section of " The Wine and Beerhouse Act Amem Act, 1870," and the provisions of the said section shall apply accordingly : [Part here repealed by 46 & 47 Vict. c. 39, Sched.] The provisions of this section as to notices shall to all cases where, under the Intoxicating Liquors 1828, notices are required to be served in a like form or in the same manner as notices for new licensee. Notices before new licenses. "l As to the meaning ofi^ licenBe," see definition in section 74jpostj and notes thexeon ; ai Licensing Act, 1874, s. 32, post, Tne notice before applioatil for a new license was regulated by 9 Geo. 4, c 61, s. 10^ jpoi<. Ql section is now repealed and superseded by the coireqpoodia section in the Wine and Beerhouse Act, 32 & 33 Vict a 87| & 1 po9t. Besides complying with the last-mentioned section, the tsg^ 35 & 86 VICT. c. 94, s. 40. 73 it advertise his notice as above in a local newspaper. He Sect. 40.^ srty to select his newspaper if there are several circulating ""~ lace ; but the justices may fix the days on which the ^^'** sment shall appear, as to which the clerk of the licensing will give information to applicants. They will be guided lays of publication of the appropriate newspaper. There Bcise form given by any of the statutes for a notice, but it kte in substance the name of the applicant, describe his residence, house for which the license is asked, the kind of .pplied for, and the time of the general annual meeting or tnent at which the application is to be made. It is for the to decide whether the notices have been given pursuant atntes, and as the giving of notices is a condition precedent irisdiction to grant licenses, questions may arise as to the of licenses granted in contravention of the statutory ; Ormerod v. Chadi(>icl', 2 N. Sess. 697 ; 16 M. & W. 367 ; Je James, 12 J. P. 262. The justices were held to have decided that service of notice on the superintendent of ras bad where the 8er\'ice was at one of the police offices of rict, and not at his own residence : R.y, Riley, 53 J. P. 462. e is not bad for describing the license as one to sell beer, the justices can only grant a license which authorises the grant such a license : R. v. Blackburn J J., 42 J. P. 775. . ^.s.) 444. And see further as to notices, 32 & 33 Vict. 7, and notes, post. latter enactment as to a newspaper advertisement, which is 11 apply to certificates under the Wine and Beerhouse Acts, as to alehouse licenses. The notice for a new alehouse Ls now, therefore, identical with that for a new certificate he Wine and Beerhouse Acts. ces before transfer.] The notice previous to the applica- a transfer of license was regulated by 9 G^eo. 4, c. 61, s. 11, B repealed, and the provision in clause (2) of this section is Lted. It increases the length of the notice. There is 10 at the end of 9 Geo. 4, c. 68, s. 14, which is not repealed. rds at the end of this 40th section say, however, that this shall apply to all cases in that proviso, which required like those for a new license. Hence, in those few cases of B the same notice is to be given as is prescribed by this stion for a new license. section will apply also to transfers of certificates under the nd Beerhouse Act, 33 & 34 Vict. c. 29, s. 4, sub-section 5, the mode of authenticating the license or certificate, see 74 LICENSING ACT, 1872, s. 41. Sect. 40. 33 & 34 Vict. c. 29, s. 4, and notes, post. The form of ,^— certificate is regulated by the Secretary of State. See ^"'^*^' and the official forms at the end of this volume. As to the mode of corrvputing the days, see notes to 3S c. 27, s. 7, post. The words "14 days prior" to transl seem to mean " 14 clear days ;" if so, then the day of nol day of sessions are to be excluded. See further as to co 32 & 33 Vict. c. 27, s. 7, and notes, post. All these notices may be served by post ; see sectioi As to the discretion of justices in granting or reJ licenses, the law is stated in 9 Geo. 4, c. 61, s. 1, and 32 c. 27, 8. 8 ; 43 Vict. c. 6 ; 45 & 46 Vict. c. 34, post A] discretion of justices on applications for transfers, se< c. 61, s. 14, post, and notes. 41. Amendment of b Sf & Vict. c. ' respect to licenses wilfully withheld.^ W\ the second section of the Act of the session o: and sixth years of the reign of Her preseni chapter forty-four, the magistrates or justice sessions are empowered in the event of a lice lost or mislaid to receive a copy of such licen deal therewith in manner in the said section m And whereas it is expedient to extend the pow magistrates or justices to the reception of a license in the event of a license being wilfullj by the holder thereof : Be it enacted, that su< shall be construed as if after the words " lost oi there were inserted the words " or if the app for the grant of a license [or the transfer of i has been wilfully withheld by the holder there The words in brackets were inserted by 47 & 48 Vict The provisions of 5 & 6 Vict c. 44, ss. 2, 3, whicl were confined to alehouse licenses, were extended to under the Wine and Beerhouse Acts by 33 & 34 Vict the fee for endorsing a copy of a lost license being 2c sections are now extended to the case of a license " wil held by the holder." It had been held that justicet petty Bessions under 5 & 6 Vict. c. 44, were not con 35 & 36 viOT. 0. 94, s. 42. 7S a copy of a license if the oul^ing liceosee, owing to a Sect.4L "with his landlord, would not give np the original, as the - — ►n was held to apply only to appbcations for grants of ^<''*- , but not to applications for endorsement or transfer : Ex \dllips, 42 J. P. 279. The holder of a license is bound by 64 to produce the license to justices and constables. lot to be inferred from this section, and 6 & 6 Vict c. 44, taces at petty sessions are incapable of granting a temporary , unless the identical piece of paper on which the current was written is produced, for now by the aid of the register les, under sections 36 and 58, justices can always ascertain •tainty all the particulars of a current license, and can their power in regard to temporary transfers without the lie original document, the importance of which in most trifling. . Provisions as to renewal of licenses^] a licensed person applies for the renewal of his the following provisions shall have effect : — He need not attend in person at the general annual licensing meeting, unless he is required by the licensing justices [for some special cause personal to himself] so to attend : The justices shall not entertain any objection to the renewal of such license, or take any evidence with respect to the renewal thereof, unless written notice of an intention to oppose the renewal of such license [and stating in general terms the grounds of opposition] has been served on such holder not less than seven days before the commencement of the general annual licensing meeting : Provided that the licensing justices may, notwithstanding that no notice has been given, on an objection being made, adjourn the granting of any license to a future day, and require the attendance of the holder of the license on such day, when the 76 LICENSING ACT, 1872, s, 42. Sact.42, case will be heard and the objection conside as if the notice hereinbefore prescribed been given : (3) The justices shall not receive any evidence^ respect to the renewal of such license wlA not given on oath. Subject as aforesaid, licenses shall be renewed and powers and discretion of justices relative to such rem shall be exercised as heretofore. The words in brackets were inserted by the Licensing Act»] s. 26. The Alehouse Act, 9 Geo. 4, c. 61, s. 12, ^o«*, authorised a or infirm person, &c., to apply for the grant of a license, thelflj ture having asssumed that the justices would not he lOn grant a license to a person whom they had not seen. Bati was nothing in the other parts of the Act 9 Qeo. 4, c. 6 prevent them granting a license to such person if they chon The renewal of licenses is the same as before, subject t provisions as to notice of opposition, and no confirmatioii licensing committee is necessary. As to how a renewal is d guished from a new license, see section 74 and note. No notice by applicant for renewal,] No notice requii be given by the applicant on an application to renew a ootl under the Wine and Beerhouse Act, 32 & 33 Vict, c 27, 8. 7 And there was nothing in the Alehouse Act, 9 Geo. 4, c. 61* requiring such notice as to renewal of alehouse liceDsei^ though that section is repealed, there is no such oblig^doiK The justices who renew licenses,] The justices who rm the same justices who entertain the new applications. In boi with ten justices, the licensing committee now, under secti ante^ alone exercise the jurisdiction as to new licenses. Nev less, there seems to be nothing expressly to prevent the id the borough justices joining in the hearing of applicatiai renewal, though the licensing committee in the laiger boo sitting by themselves can alone deal with the applicationB fi licenses, as stated in section 38. Burden of proof of opposition,] Though this section 1 the onus of proving the objection to the renewal of botlt li and certificates on the objecting party, the licensing justioe an entire discretion in most cases as to the sumect-mil objection, subject only to an appeal on the part oi the ap] 35 & 36 VICT. 0. 94, 8. 42. 77 * G^. 4, c. 61, 88. 27, 28, 29, which sections are unrepealed 86Ct.42» r as r^ards renewal of licenses and certificates. What the ^^^ — have to see to is that some one has served in due time *^^*■• )f opposition, stating grounds, seven days before the general meeting. But tlus objection can be overcome by the starting the objection in open court, and then adjourning the latter part of the second Bub-section : R, v. Merthyr JJ.y 49 J. P. 213 ; 14 Q. B. D. 584 ; 54 L. J. ^L C. 78 ; eddiich, 50 J. P. 246 ; R. v. Essex JJ., 46 J. P. 761. Hence don renders it no longer necessary, as was required under the nd Beerhouse Acts, for the applicant for a renewal of a certi- f unopposed, to give affirmative evidence of good character : e Morgan, 35 J. P. 37 ; 23 L. T. (n.s.) 605. The burden of 3 thrown on the parties objecting to a renewal of a license ficate. It appears that any person may oppose ttierenewi^ mse or certificate. The evidence must now be on oath in 18 where the applicant is a licensed person. And by the Qg Act, 1874, section 26, even the justices are prohioited quiring the applicant to attend, except for some special ersonal to the applicant. The meaning of the words "per- mse " seems not to be confined to misconduct, but ramer ething which applies to the applicant's house as distin- . from other houses. It was held that where the opposition nded on a notice duly served that the public-house was too oved fipom police supervision, this would be a valid ground sing a renewal : Sharp v. JVakefiddy 22 Q. B. D. 239 ; 53 J. P. L.J.M.C. 57; 60L.T.130; 37W. R.187; R.v.SnvUhoT \ Hereford, 42 J. P. 295; 48 L. J. M. C. 38; 39 L. T. 606. atever be the meaning of "personal cause," the jurisdic- to renewals is precisely the same on the merits as in cases applications, the personal cause being only a reason for on the applicant to attend in person or by advocate, and lin away the ground of opposition. legislature seems to have assumed that the licensing jus- nild renew all licenses as a matter of course, unless there be proved some misconduct or other objection personal to licant. And though it is now only in cases of some per- fection that a requisition can be served on the applicant id the justices on the occasion of a renewal, yet tne joint I this section, and of the Act, 1874, section 26, has not cut down the absolute discretion of justices as to refusing w alehouse and nearly all other licenses, with or without given: Sharp v. Wakefield, supra; Ex parte Martin, 40 3; Ex parte Bendall, 42 J. P. 88. grcwnds of opposition,'] The enactment does not confine iQie of the ground of opposition that may be raiaed to a 78 LICENSING ACT, 1872, s, 42. Sect. 42< renewal. The ground must not be so utterly Myolons .-r~ capricious that the discretion of the justices, in giving effect 1 -wOTE. ^j^j^ ^g called no exercise of a judicial discretion at {dl; b they are not bound to give reasons in most cases for their ded it is difl&cult by certiorari or mcmda/mvs to correct the deciak there is no appeal on the merits except to quarter sessiou the High Court will not lay down rules as to what is or Is i judicial discretion : Sha/rp v. Wakefieldy supra. The cireumi^ that the house was too far removed from police superviooi held a good objection on the merits : Ibid. So it has been that keeping the house shut during a negotiation for salei good objection : Griffiths v. Lancashire JJ,, 61 J. P. 453; 361 732. And so if the renewal is opposed on the ground tha holder was convicted of an offence : R, v. Birnvrngham JJ J. P. 132. Justices starting objection without notice,'] When the tices themselves start an objection to renewing such license,! must be done in open court, it is their duty not to decide and there, but to give notice to the applicant, and adjoim further hearing, so that he may have an opportunity of answ the objection : K v. Farquhar, L. R. 9 Q. B. 258 ; 39 J. P. And the Court has quashed an order of quarter sessions fM regarding this matter : Rvddiclc v. Justices of Liverpool^ 4S 406. At the same time if both parties act on the assumptioi an objection has been duly made and time given to answi then it will be taken that they waived literal compliance witi section : B, v. Kent Justices^ 41 J. P. 263. Moreover, whei justices start the objection and give an opportunity to the ] to answer it, they must apparently still near the evidenc oath: R. v. Bales, 4A J. P. 553; 42 L. T. (n.s) 735. The jiu as above stated, must not only see that tne obiection is stal open court, but that notice of it is duly served, and also th order to attend has been served on the license holder : R,Y.Mi Tydvil JJ,, 49 J. P. 213; 54 L. J. M. C. 78; 14 Q. B. D The objection need not be stated in writing in open conn it should be stated in the seven days' notice to attend whic justices themselves should serve on the holder : R, v. BMUc 50 J. P. 246. Mandamus to re-hear,'] Should the justices refuse a ten though no notice of objection had been served or thutigh started by justices, and a mavidavMis issues to re-hear, the i tions may be then made and heard on the merits at the re-heu B, v. Howard or Congleton JJ,^ 53 J. P. 454. See also 9 G c 61, 8. 1, and notes, posU 85 & 36 VICT. c. 94, s. 42. 79 me renewals justices* discretion limited,] As Sect. 42* 5wal of certificates for some out-door licenses, the jg^^ 3 not the same wide discretion as they have in refer- ouse or publican's licenses, for they cannot refuse to ^cate to sell wines, spirits, sweets, or cider not to be 1 the premises, except on one of the grounds set forth in t. c. 27, s. 8, post. See R. v. Scott, 22 Q. B. D. 481; 53 3 L. J. M. C. 78 ; 60 L. T. 231 ; 37 W. R. 301. And the it in such cases state the grounds of refusal : Ex parte Surrey J J., 3 Q. B. D. 374; 47 L. J. M. C. 104; 42 6 W. R. 682. As regards certificates to sell beer, cider, e consumed on the premises, if the house was licensed 1869, and the justices have not since made any order r the privilege, then the justices cannot refuse such ept on one of the grounds already specified : 32 & 33 3. 19 ; 33 & 34 Vict. 29, s. 7. See notes. R. v. King ?r J7., 20 Q. B. D. 430; 62 J. P. 199 ; 67 L. J. M. C. . 607 ; 36 W. R. 600. On the other hand, if the house x)r license on 1st May, 1869, then the justices may lew the certificate in cases of beer witnout stating ject only to the appeal to quarter sessions. See 32 & 17, s. 19; 33 & 34 Vict. c. 29, s. 7 ; 43 Vict. c. 6 ; 46 & 4, post, stices refuse to renew the license, and the applicant may get a temporary license from the Inland Revenue ppeal is determined. See section 63. And if the fail for some inadvertence or misadventure, the ' postpone the application: 33 & 34 Vict. c. 29, s. 11. renewal,] The fee on a renewal of an alehouse license ! as a grant of a new license, namely, 78. Qd. See 9 1, 8. 15. The fee on the renewal of a certificate is As, es* clerk, and Is. to the constable : 33 & 34 Vict. c. 29, 5h case Is. is to be added for registration fee. See mie, p. 64. hy endorsement,] The renewal of a license or lay now be endorsed on the license or certificate, or lereof. See section 48, post. igamst refusal to renew,] It is to be borne in mind is always an appeal to the quarter sessions of the U cases against a refusal of the justices to renew, as I, c. 61, s. 27, which was extended to all licenses, was I by this Licensing Act. See schedule. And in some son may be entitled to appeal, though he was not a 50 LICENSING ACT, 1872, S, 43. Note. Sect. 42. licensed person, and therefore not entitled to the notice of tion and other requirements stated in this section : B.Y,- Bommih JJ,y 51 J. P. 438 ; 57 L. T. 56 ; 35 W. B. 734; M M. C. 96; R, v. N^castle J J., 51 J. P. 244; R. v. Liverpool J J,, 11 Q. B. D. 638; 47 J. P. 596; 52 L. J. M.a: 49 L. T. 244 ; 32 W. R. 20. Where a rule nisi was granted for a TMind/jmvus to ji hear an application to renew, and before cause was shown general annual meeting was held, the court gave power justices to hear the appncation as if for the next foUowing ; R, V. Miskin Higher JJ.^ 50 J. P. 247. 43. Confirmation of licenses.^ Any person appears before the licensing justices and opposes grant of a new license, and no other persoii| appear and oppose the confirmation of snch the confirming authorities in counties or boroughs; the confirming authority may award such costs as shall deem just to the party who shall su< the proceedings before them. In a county the tices in quarter sessions assembled, and in a the borough justices [and in cases where a joint mittee is appointed, then the joint committee]| make rules as to the proceedings to be adopted fwr firmation of new licenses and the costs to be in any such proceedings, and the person by whom costs are to be paid. The words in brackets were inserted by the Licensing Act|] section 25. The procedure before the confirming authority is to be by the justices or joint committee, so far as regards the ^ ings and the costs before the confirming author!^, as to „^ application for information should be made to the cleikof peace or clerk of the licensing justices. In either caseu l^f section no person is to be allowed to oppose the ^rant of % 1 license or certificate before the confirming authority who ^SA\ appear before the licensing justices. Any person is entifl ' appear and oppose the grant of a new license. Bat if tha . objecting party appears, he may call additional evidence and \ 35 & 36 VICT. c. 94, s. 45. 81 Lessee before the confirming authority. The proceedings will Sect. 43. Bimilar in man^ respects to an appeal, but the confirming ' — Verity has nothing to do with the reasons acted on by the Note. DBing justices, for the object is, that the applicant shall satisfy independent bodies of justices that there are good reasons for i application. ^The rules made regulating procedure before the confirmin<r ly may be objected to if uUra vires. But in the exercise of IT jurisdiction the discretion of the confirming authority on the its IB absolute : R v. Middlesex JJ., 42 J. P. 469 ; Re Amutn- JJ.f 37 J. P. 86. See anUy p. 65. With regard to any costs ordered to be paid, these may be re- nrered as stated in section 51, posty namely, under 11 & 12 Vict 18, 8. 18, and 42 & 43 Vict c 49. 44. Disqualification for lice7ises.'\ No license be granted nnder the Intoxicating Liquor Licens- Acts to any i)erson or in respect of any premises by or in pursuance of any of the Intoxicating |jq[uor Licensing Acts or this Act to be disqualified )ns or disqualified premises during the continuance such disquaUfication. Any license held by any m so disqualified, or attached to premises so dis- lified, shall be void. expression " Intoxicating Liquor Licensing Acts " means 4^ c 61, and the Wine and Beerhouses Acts, 32 & 33 Vict [17^ and 33 & 34 Vict c 29, 'post. See section 74 The dis- fafication of premises is always limited to a term of years, in one case (section 3) the disqualification of the person may rmade for life. See as to disqualification of persons, 9 Greo. 4, ^61, 8. 16; 1 WHL 4, c. 64, s. 2; 3 & 4 Vict c. 61, s. 7; 23 c. 27, s. 22; 32 & 33 Vict c. 27, s. 11 ; 33 & 34 Vict c. 29, I; and this Act, sections 3, 15, 19, 30. As to disqualification lises, see this Act, sections 3, 19, 30, 31. 45. Qualification of premises for licenses.!^ dfies to which at the time of the passing of this Act Uoense under the Acts recited in the Wine and rhonse Act, 1869, authorising the sale of beer and for consumption thereupon is attached, shall not be to any of the provisions now in force prescribing G 82 LICENSING ACT, 1872, s. 45. Sect. 45. a certain rent or value or rating as a qualification receiving any such license. Premises not at the time of the passing of this licensed for the sale of any intoxicating liquor for sumption tliereupon shall not be qualified to recer license authorising such sale unless the following oc tions are satisfied : — (a) The premises, unless such premises are a rail refreshment room, shall be of not less than following annual value : — If situated within the city of London oi Uberties thereof, or any parish or ( subject to the jurisdiction of the Mf politan Board of Works, or witbiii four mile radius from Charing On* within the limits of a town containn population of not less than one hM thousand inhabitants, Jifty pounds annum ; or if the license do not aiidll the sale of spirits, thirty/ pounds annum. If situated elsewhere and within the Si of a town containing a population of less than ten thousand inhabitantB| A pounds per annum ; or if the liceoM not authorise the sale of spirits^ tM pounds per annum. If situated elsewhere and not witfaui such town as above mentioned, Jj pounds per annum ; or if the liceni not authorise the sale of spirits^ ft pounds per annum : (6) The premises shall be, in the opinion of licensing authority, structurally adaptec 35 & 36 VICT. c. 94, s. 45. 88 the class of license for which a certificate is Sect 45. sought : Provided that no house, not Ucensed at the time of the passing of this Act, for the sale of any intoxicating liquor for con- sumption on the premises, shall be qualified to have a license attached thereto authorising such sale, unless such house shall contain, exclusive of the rooms occupied by the inmates of such house, if the license autho- rise the sale of spirits, two rooms, and if the license do not authorise the sale of spirits, one room, for the accommodation of the public. obscure clanse at the commencement of this section was i of being construed as impUedly repealing aU valuation ations for out-door wine and beer licenses. But it has en decided that it does not repeal that qualification; and er meaning it has is confined to in-door licenses : R. v. 'land JJ., 8 Q. B. D. 369 ; 61 L. J. Q. B. D. 142 ; 46 J. P. W. R 178. « are houses, namely, table-beer houses, under 24 & 25 , 21, 8. 3, and houses licensed to sell wine for consumption premises under 23 Vict. c. 27, ss. 1, 8, and aho for s and sweets under sections 69, 74 of this Act, which never ibject to any rating or value qualification, and as to which ragraph could not apply. 7 in-door licenses.] The second paragraph of the section 80 obscure. It says in effect as to all nouses (alehouses Eie-houBes, beerhouses and winehouses) to be licensed for st time after lOth August, 1872, for the sale of liquor to be lied on the premises, that the valuation qualification in this 18 to be applicable, that is to say, in the metropolis and ftbove 100,000 population, 50Z. annual value, &c. And they BO to have at least one public room if for sale of beer, ro pubKc rooms if for sale of spirits. As to structural tion, as no rules are laid down, the justices will be the dges of what this means ; but the number of rooms is stated s a minimum qualification. In cases of premises covering derable area, there seems no reason why the several rooms be under one roof. As regards alehouses or public-houses, d under 9 G^o. 4, c. 61, there was no valuation qualification id by that or any other Act. Though, therefore all ale- 62 84 LICENSING ACT, 1872, s. 46, S60t^ 45. houses to be licensed for the first time since 1872 will n/fa ^j~ valuation in the latter part of the section, still those wludi • licensed on 10 August, 1872, will continue to be exen^l such valuation qualification. The area of the jurisdiction of the MetropolitaiL Boi Works is set forth in 18 & 19 Vict c. 120, ss. 249, 250^ ft A. B. C. 26 & 26 Vict. c. 102, ss. 42, 112. The word " town " was defined in this Act, section 74^ « definition was amended by Licensing Act, 1874, section 31 old definition in section 74 of this Act was also repeik certain purposes set forth in Act, 1874, section 33. The words ''annual value" are explained in the section. As to the " census,'' as a test of population, see sectioa 68^ and notes. 46. Annual value necessary for obtaik grant of license.'\ Whereas in certain cases a Ik under the Wine and Beerhouse Acts, 1869 and 187 not to be granted unless the house and premiK respect of which such license is granted are rf rent and value, or are rated to the poor rate on a ifl annual value of such amount as is respectively in behalf stated in the Acts recited in the Wine and 1 house Act, 1869 ; and it is expedient to substitdl such cases " annual value " for the said rent, vahl rating, and to provide for the ascertaining the ill value of such house and premises : Be it ilieB enacted that in cases not provided for by the hit ceding section — A license under the Wine and Beerhouse Aoli| i and 1870, shall not be granted in respect of any pM which are not, in the opinion of the licensing JB who grant such license, of such annual value as ii : tioned in that behalf in the Acts recited by tinb ^ and Beerhouse Act, 1869 ; and those Acts shall bl strued as if ^^ annual value " were therdii siibitil 35 & 36 viOT. c. 94, s. 46. 85 rent,'' " value/' " rated on a rent or annual value," Sect 46, ther like expressions. at the first general annual licensing meeting after passing of this Act the Ucensing justices are of on that any premises which are Ucensed for the >f intoxicating Uquors at the passing of this Act are xf such annual value as authorises the grant of a ae for such premises, they may, notwithstanding, w such Ucense upon the condition, to be expressed le license, that the holder thereof, before the next iral annual hcensing meeting, improves the premises \ to make them of sufficient annual value, and if the er fail to comply with such condition the Ucense I not be renewed at such next general annual isng meeting. ^ eases not ^provided for in last section,] This section bs to all houses for the sale of liquor to be consumed on raemises which already had a certificate under the Wine beerhouse Acts on 10th August, 1872, namely, beerhouses, ^uses, wine and refreshment houses, those to he licensed lie first time after 1872 being subject to the qualification in atter part of the 45th section. The " annual value " of these SB licensed in 1872 is, however, to be taken instead of the It "or "rating," &c., and the Acts 3 & 4 Vict. c. 61, and 23 , c 27, B. 8, mil be read as if the " annual value " was sub- ted. If the houses licensed in 1872 could not stand this new then the justices were to require the houses to be improved due, otherwise the license or certificate was not to be renewed 373. And this power still continues. le out-door beerhouses and ciderhouses, whether licensed in or not, wiU still require the same valuation as before, under I Vict c. 44, and 33 & 34 Vict. c. 29, s. 10, the value being 'ed at as stated in the next (47th) section. I to out-door winehouses and table-beer houses (and sweets qpiiits and liqueur houses, which are on the same footing as i) they never required a valuation qualification, and do not xequiieit was decided on a certiorari to quash part of a license in R, xder JJ.y B. Y. Mann,42 L. J. U, C. Z6 ; 37 J. P. 212; L. K. 86 LICENSING ACT, 1872, s. 47. Beetle. 8 Q. B. 235 ; 27 L. T. (n.s.) 847 ; 21 W. R 329, that tioBi NOTE ^^^ ^^^ ^PPly ^ alehouses licensed under 9 Gteo. 4, a 91^ 1 ' confined to nouses licensed under the Wine and BeerhoiM 32 & 33 Vict c. 27 ; 33 & 34 Vict c. 29,po8L 47. Mode of ascertaining ammal vd The licensing justices shall take such means as seem to them best for ascertaining the annual idfa any premises for the purposes of this Act, and m they think fit, order a valuation to be made of such mises by a competent person appointed by them ft purpose, and may order the costs of such valuatk be paid by the applicant for a license. The annual value of premises for the purpos this Act shall be the annual rent which a tenant n be reasonably expected, taking one year with aneA pay for the same, if he undertook to pay all teD rates and taxes, and tithe commutation rentcbai| any), and if the landlord undertook to bear the oo the repairs and insurance and other expense any) necessary to maintain the premises in a to command the said rent, and if no license granted in respect thereof ; but no land shall be ind in such premises other than any pleasure grow flower or kitchen garden, yard, or curtilage usnaD} and occupied and used by the persons residing in frequenting the house. The Justices are entitled under this section to take thai] way of ascertaining the annual value, and are not boo accept the valuation list or any other valuation, even by thd valuer. But thev must have some evidence on which to n the conclusion they may arrive at The actual rent ptid necessarily a conclusive test of annual value. They mny thepremises to be re-valued at the eicpense of the appliotnt Tne mode of recovering the costs of a valuation of iSk mises is pointed out at the end of section 51 ; bat in all eH 35 & 36 VICT. c. 94, s. 48. 87 ¥ill no doubt deem it expedient to volunteer such a pay- Sect. 47. whicli can seldom be considerable in amount ~1 premises are to be valued at the same rent as if tbey had n^'^^ nse attached to them, and in the manner described, j beer or dderhouse requires to be a dwelling house, where LB a real resident holder and occupier, if the house is used a shop or place of business for other purposes, the voJue of lole premises must be taken: Ga/ratty v. Potts^ L. B. 6 86 ; 36 J. P. 168 ; 40 L. J. M. C. 1 ; 23 L. T. 664 ; 19 127. test of valuation is to be taken as at the time of the g of the application ; hence, where the valuation was not mt at the date of the general annual meeting, but was made mt at the adjournment day, when the case was heard, the held this sufficient : R. v. Montagu^ 49 J. P. 66. And adjoining premises are added, and used with the original les, the annual value may always be properly increased, so oake up the required amount B. Regulations as to form of licenses.^ ollowing regulations shall be made with respect to AQ * C9 • Every license granted after the commencement of this Act shall be in such form as may from time to time be prescribed by a Secretary of State. A renewal of a license may be made by an en- dorsement on the license, or by the issue of a copy of the old Hcense, but in the latter case there shall be endorsed on such copy all con- victions made within the previous five years which are endorsed on the old Hcense. ) Commissioners of Inland Revenue may alter the of any license granted by them for the sale of eating liquors, in such manner as they may think ient, for the purposes of bringing such form into rarity with the law for the time being in force. forms cf justice^ Ucenses have been issued by the Secretary jQf and will be found in the Appendix. 88 LICENSING ACT, 1872, S. 49. Sect. 48. NOTE. The second clause as to licenses or certificates proyides a of preserving the continuity of Uie character of the lioenaea the eye of the law a license ceases to exist at Hie eod of j licensing year, and what becomes of the paper on which it' written is of no conse<j[uence. It is not important, for Ij] aid of the register of hcenses the character and previoai victions of the party licensed may be traced. But it is ai theless very convenient (as this section permits) to ha?5 paper embodying the license which lasts for years, and is i able by endorsement, so as to save trouble, and show at a : the conduct of the holders during the previous years. The and certificates granted for 1872 may be continued h( endorsements, though a new piece of paper can always be tuted at any of the annual licensing meetings. See a form of Inland Eevenue license in Appendix. 49. Provisions as to six-day lit Where on the occasion of an application for a license or transfer or renewal of a license, which rises the sale of any intoxicating liquor for coi on the premises, the applicant, at the time of his cation, appUes to the licensing justices to insert in license a condition that he shall keep the prei respect of which such license is or is to be closed during the whole of Sunday, the justices insert the said condition in such license. The holder of a license in which such Gondii inserted (in this Act referred to as a six-day lii shall keep his premises closed during the wholal Sunday, and the provisions of this Act with respeoti the closing of licensed premises during certain on Sunday shall apply to the premises in res] which a six-day Ucense is granted as if the wl Sunday were mentioned in those provisions instead] certain hours only. The holder of a six-day license may obtain from Commissioners of Inland Revenue any license 35 & 36 VICT, c, 94, s. 49. 89 ach cominissioners which he is entitled to obtain Sect49- nrsnance of such six-day Kcense, upon payment of leventli parts of the duty which would othen^dse ayable by him for a similar license not limited to days ; and if he sell any intoxicating liquor on day he shall be deemed to ]ye selling intoxicating ST without a license. he notice which a licensed person is required to eep painted or fixed on his premises shall, in the of a license under this section, contain words indi- ag that such Hcense is for six days only. In calcu- ig the amount to be paid for a six-day license any tion of a penny shall be disregarded. Ub Bection applies to alehouses, beerhouses, and all the ^ induded in this Act, where liquors are consumed on the ighi of license holder to close his lunise,] This section to be based on the notion that there is some binding obliga- on the keeper of licensed premises to keep his house open ' year round for the sale of liq^uors. For this notion, ', there seems no authority. It is true that, at common [ if a man keeps an inn, that is a house of entertainment for jind beast, or rather for travellers, he is bound, if he has VBunodation, to receive, and procure food for, the traveller, (nay be indicted, or liable to an action, if he refuses to receive NjtaaveUer when he has acconmiodation, and can make no btble objection : R. v. Ivens, 7 C. & P. 213 ; R, v. Luellin, 12 L446 ; 1 Show. 270 ; Hawthorn v. Hammmid, 1 C. & K. 404 ; Mr. Jacksm, 6 C. & P. 725 ; see further, 26 & 27 Vict, c 41, • But this obligation is confined to travellers and to food peit^ and would not necessarily extend to the supply of frf^S^p liquors. An innkeeper, whether licensed or not, is m to wis extent, but no further, and as to edl the other md persons, the^r are merely iu the position of shopkeepers > mQ a certain article, but may, if they please, shut up their Itt any hour or day when it suits their convenience. All they leqnire to do is to take care not to sell intoxicating an withont a license, and not to sell during the times when I petBons are prohibited from selling, and not to commit the r offences relating to licensed houses. Beyond those limits ^90 LICENSING ACT, 1872, s. 49. Sect. 49. they are their own masters. There is no declaration is NOTE s^tutes that the holders of licenses, as such, axe bound to 1 open all the times that they are not forbidden to do so. is there any penalty imposed on them by any statute eipi or impliedly lor not supplying intoxicating liquors to any pa They Keep open as long as l£ey can merely for their owl i venience and profit. At the same time, ii they shut up t houses at unexpected times, and so put to inconvenienn public or neighbours, this might be a good reason for the lioM jurtices at the next general annual licensing meeting refdam renew the license, as they may always do, with or without Ml as regards nearly every license for indoor consumption. ! general rule is, therefore, as to all intoxicating liquors, thattim the licensed person is prohibited from selling within certain hoi he is nevertheless not bound to sell during the hours not ] hibited, unless he keeps an inn, and in that case he is onlyboi to sell board and meat and drink, which drink need not, howv in all cases be intoxicating drink. This section, however, though founded on a fundanM mistake as to the obligations of licensed persons, must be ill preted so as to give effect to its provisions. A person may, il choose, put himself in the position of holding a six-day liMi The chief advantage will be that he will pay only six-sevei of the usual duty to the Inland Revenue ; and if he mah also an early closing house under the Act, 1874, section 8^ will be entitled to a license on paying five-sevenths of the vi duty ; but on the other hand, he will render himself lialk heavy penalties (including the penalty under section 3) for seD or keeping his house open for sale oi liquors during any pill Sunday. Effect of six-day license,] It has been held that if a Ike holder at any time, either on an application for a new lioa or a transfer or renewal thereof, apply for a condition as to days to be inserted in the license, this is an election which y preclude himself and any succeeding licensee from ever ag obtaining a renewal or transfer of the license without sudi coi tion inserted. Thus, if a license is for the first time granted i six-day license, the justices cannot be in any way compelledi application for a renewal, to grant a seven-day or ordina^ Hcei leaving out this condition : R v. Crewkeme J J,, 21 Q. B. Di i 62 J. P. 372 ; 67 L. J. M. C. 127 ; 60 L. T. 84 ; 36 W. R « And in like manner, if the holder of a license held for f as a seven-day license, happen to ask the six-day condition to inserted, he and any successor will be for ever predoded Ii demanding by way of renewal the original form of the lioeoM be restored : B, v. Liverpool JJ.y 62 J. P. 376. 35 & 36 VICT. 0. 94, s. 50. 91 to be observed tbat this section applies only to licenses Sect. 40. kuthoiise the sale of " liqnor for consumption on the pre- ^nZZ^ diat is to say, alehouse or public-house licenses under ^ c. 61, and beerhouse, ciderhouse, and refreshment- censes for consumption of liquor on the premises. And when )iise keeper obtains a six-day license under 9 G^. 4, c. 61, IS still bound, like other innkeepers, to afford meat and freshment to travellers on Sundays if he so holds himself out lot, however, owing to the express enactment in the Act, ection 10, sell liquors on Sunday to travellers, or any xrhatever, except to those lodging in his house ; and there- hat extent gets rid of the common law duty. Christmas Day and Good Friday, see notes to Act, 1874, 3. section was extended to the United Kingdom by 43 & 44 2(), 8. 44. >. Licenses may he removed from one part of rict to (mother^ ^C,] Licenses may be removed ne part of a licensing district to another part of me district, or from one licensing district to r licensing district within the same comity, in r following : — application for an order sanctioning removal shaD ) made by the person desiring to be the holder of le license when removed, and shall be made at a 3neral annnal licensing meeting, or any adjoum- ent thereof, to the justices authorised to grant 3w licenses in the licensing district in which the remises are situated to which the license is to be moved. ice of the intended application shall be given in le same manner as notice is given of an application r the grant of a new license. )py of the notice shall be personally served upon • sent by registered letter to the owner of the *emises from which the license is to be removed, LICENSING ACT, 1872, S. 50. and the holder of the license, unless he is also applicant. The justices to whom the application is madei not make an order sanctioning such remoYal m they are satisfied that no objection to such rem is made by the owner of the premises to which license is attached, or by the holder of the lice or by any other person whom such justices fl determine to have a right to object to the renw Subject as aforesaid, such justices shaD have the 8 power to make an order sanctioning such rem as they have to grant new Hcenses ; but no i order shall be valid unless confirmed by the i firming authority of the licensing district. The removal of a license was a novelty introduced in 1 when the justices could not grant a new license, as was l3i€ under the Intoxicating Liquor Licences Suspension Act of ) now repealed. But now that the justices are subdivided into bodies— one a licensing and the other a confirming body, without any restriction on their absolute joint discretion i granting new Hcenses ^except as regards some of the hoosee: fioned in the Wine and Beerhouse Acts) — there seems litde sion for continuing this practice. Moreover, as the applie for removal of a license or certificate is put on the same looti an application for a new license, it is difficult to see^ advantage is to be gained by applying for a removal It i compulsory in the justices to grant it. If they refuse it, tb no appeal. If they grant it, it must still be confirmed (imlf off-hcense) by the confirming authority. In the case of a wine, off-spirit, off-sweets, or off-cider license, the justices a refuse unless on one of the four m^ounds set forth in 32 & 33 c. 27, 8. 8. The fact that if the license or certificate be rem there will be no addition to the aggregate number of lio houses, is the only circumstance which may tell in its favou if a new license were applied for, and it were shown, as il be, that somebody else did not intend to apply for a lenewa same circumstances would exist in fiEtvour of an application new license. No confirmation is required if it is an off-lie Licensing Act, 1874, s. 24. 35 & 36 VICT. 0. 94, s. 51. 93 words " or by any other person whom such justices shall S6Ct. 50» ine to have a right to object to the removal," seem to con- .^"^ te the case of a mortgagee or other person having a l^d Worm. t in the premises, as was seen in Garrett v. MidMesex J J, \ Garrett, 12 Q. B. D. 620; 48 J. P. 358; 63 L. J. M. C. 81; B. 646. party applying for a removal may combine with his appli- one for a provisional grant to a house, not yet built out to be built See Act, 1874, s. 22. Legal Proceedings. I, Strnimary Proceedings for offences under A.cty ^c] Except as in this Act otherwise ex- y provided, every oflfence under this Act may be 3nted, and every penalty and forfeiture may be ered and enforced, in manner provided by the nary Jurisdiction Act, 1848, subject to the fol- g provisions : — The court of summary jurisdiction, when hearing and determining an information or complaint, other than in a case where the oflfence charged is that of being found drunk in any highway or other public place, or any licensed premises, shall be constituted either of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions, or of a stipendiary magistrate or some other ofl&cer for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace, sitting alone or with others at some court or other place appointed for the administration ot justice : {Repealed by 47 & 48 Vict. c. 43, sched.) {Repealed by 47 & 48 Vict. c. 43, sched.) 94 LICENSING AOT, 1872, s. 51, Sect. 51. (4) (Part of this sub-section repealed by 47 k Vict. c. 43, sched.) In all cases of summary proceedings this Act, the defendant and his "wife competent to give evidence. (5) All forfeitures shall be sold or otherwise of in such manner as the court may direci| i the proceeds of such sale or disposal (^\ shall be applied in the like manner as but the court may direct that such may be applied in the first instance in the expenses of and incidental to any and seizure which resulted in such forfeii (6) Penalties and forfeitures under this Act shaD^ for the purpose of any Act respectiiig application of such penalties, or the charges, and expenses attending pi for recovery of such penalties or of forfc be deemed to be penalties or forfeitures any Act relating to the Inland Revenue. Any oflScer appointed by the Commissioners rf land Revenue may sue for any penalties under Act, and when so sued for any penalties which be recovered shall be applied in the manner in excise penalties are for the time being applicable Ijl Where under this Act any sum for costs (other costs upon a conviction or order of dismissal of an il mation) or for compensation, or both, is ordered awarded to be paid by any person, the amount shall be recovered in manner directed by " The Si mary Jurisdiction Act, 1848," for the recovery costs awarded upon the dismissal of an infoimatioii ' complaint. 35 & 36 VICT. c. 94, s. 51. 95 le offences specified in sub-section 1 are those in section 12, Sect. 51. p. 16. — ^fendcmt and wife as witnesses.']— Th^ allowing of a ^°^' odant (dause 4), in a ciindnal proceeding, and his wife to evidence was a novelty ; but it has since been applied to 7 other cases. Being competent witnesses, the defendant and wife are also compellable witnesses, and are on the same ing as other mamed witnesses. Where the wife is the ised person, and is summoned, she as well as her husband both give evidence. Seager v. White, 48 J. P. 436 ; 51 '. (n.s.) 261. ^roced/wre under Summary Jv/risdiction Acts. — This on having been partly repealed is now replaced by the Swrn- y Jturifdiction Acts, 11 & 12 Vict. c. 43, 42 & 43 Vict c 49, c 48 Vict. c. 43, which contain the following enactments. Ascription of offence and proof of exceptions, dc. — The description of any offence in the words of the Act, or any sr, bye-law, regulation, or other documents creating the ace or in similar words shall be sufficient in law. (2) Any sption, exemption, proviso, excuse, or qualification, whether it B or does not accompany in the same section, the description flie offence, in the Act, order, bye-law, regulation or other ament creating the offence, may be proved by the defendant, need not be specified or negatived in the information or com- nt ; and if so specified or negatived no proof in relation to the ter so specified or negatived shall be required on the part of informant or complainant : 42 & 43 Vict. c. 49, s. 39. The end rule is that a person who relies on his license as a defence oond to prove it : Turner v. Johnson, 51 J. P. 22. lie summons in all cases where a licensed person is accused II state that the production of his license will be required, as dark of the court may have to indorse some particulars upon license : Licensing Act, 1872, section 55, 'post, litigation of punishment. — Where a court of summary Bdiction can impose imprisonment or fine, that court may Ofle the imprisonment without hard labour, and reduce the mbed period, or do either of those acts, and in case of fine, if respect of a first offence may reduce the prescribed amount : i 413 Vict. c. 49, s. 4. See-also Licensing Act, 1874, section 12, caie of imprisonment for non-payment of money.] The od of imprisonment imposed by a court of summary jurisdic- nnder this Act, or under any other Act, whether past or "96 LICENSING ACT, 1872, s. 51. " Summary Procedure" Sect. 51. future, in respect of the non-payment of any sum of — adjudged to be paid by a conviction, or in resx)ect of the Note, ^f ^ suflScient distress to satisfy any such sum, shall, n standing any enactment to the contra^ in any past Ac^ bl period as in the opinion of the court will satis^ the justue ~ case, but shall not exceed in any case the maximum fixed 1 following scale ; that is to say, — Where the amount of the sum or sums of money adjudged to be paid by a conviction, as ascer- The said poiM tained by the conviction, shall not ezoeii Does not exceed ten shillings - - Seven day* Exceeds ten shillings but does not ex- ceed one pound . - - - Fourteen dajft Exceeds one pound but does not exceed five pounds One montk Exceeds five pounds but does not exceed twenty pounds ----- Two montlMi Exceeds twenty pounds . - . Three mautti And such imprisonment shall be without hard laboni^ where hard labour is authorised by the Act on which tfcft viction is founded, in which case me imprisonment ma^' court thinks the justice of the case requires it, be wni labour, so that the term of hard labour awarded do not fi the terms authorised by the said Act. 42 & 43 Vict c. 48^ ft Payment by instalments of or security taken for of money,'] A court of summary jurisdiction, by whose t or order any sum is adjudged to be paid, may do all or any of ■ following things, namely, — (1) AUow time for the payment of the said sum ; and (2) Direct payment to be made of the said sum by inntnliw^ and (3) Direct that the person liable to pay the said sum ahiD 1 at liberty to give to the satiafiaction of that court, tf( such other court of summary jurisdiction, or such pflrt as may be specified by that court, security with or ^ out a surety or sureties for the payment of the saidii or of any instalment thereof, and such security nuj > given and enforced in manner provided by this Act^ Where a sum is directed to be paid by instalments and dlW is made in the payment of any one 'instalment, the same pRMtfj ings may be taken as if default had been made in paymoit of ■ the instalments then remaining unpaid. A court of summary jurisdiction directing the payment of i sum or of an instalment of a sum may direct such payment t>' 35 & 36 VICT. c. 94, s. 51. 97 ** Surnma/ry Procedure.*' at such time or times, and in such place or places, and to S6Ct. 5L )ei8on or persons, as may be specified by the court ; and y~" person to whom any such sum or instalment is paid, where ^"'■» \B derk of the court of summary jurisdiction, shall as soon y be account for and pay over the same to that clerk : 42 & ct c 49, s. 7. ovisions as to costs in the case of small fines.] Where adjudged by a conviction by a court of summary juris- »n to be paid does not exceed five shillings, then, except ' as the court may think fit to expressly order otherwise, an shall not be made for payment by the defendant to ^e nant of any costs ; and tne court shall, except so far as they : fit to expressly order otherwise, direct all fees payable or by the informant to be remitted or repaid to him ; the court also order the fine or any part thereof to be paid to the mant in or towards the payment of his costs : 42 & 43 Vict 8.8. rwer of court to discharge accused witlwut punish- 5.] If upon the hearing of a charge for an offence punishable immary conviction under this Act,or under any other Act, ber past or future, the court of summary jurisdiction think though the charge is proved the offence was in the particular )f so trifling a nature that it is inexpedient to inflict any ihment, or any other than a nominal pimi^hment, — The court, without proceeding to conviction, may dismiss the information, and, if the court think fit, may order the person charged to pay such damages, not exceeding forty shillings, and such costs of the proceeding, or either of them, as the court think reasonable ; or The court upon convicting the person charged may dis- charge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the pay- ment of such damages and costs, or either of them, as the court think reasonable : ded that this section shall not apply to an adult convicted nuance of this Act of an offence oi which he has pleaded r, and of which he could not, if he had not pleaded guilty, Avicted by a court of summary jurisdiction : 42 & 43 Vict. 8.ia ght to claim trial by jury in some summary offences.} non when charged with an offence for which an offender is H 98 LICENSING ACT, 1872, s. 51. Sect. 51. ** Summary 'procedure" Note, liable on 8iimmaiy conviction to be imprisoned for i exceeding three months, and which is not an assanltyiB appearing before the court and before the charge is sone iH not afterwards, claim to be tried by a jury, and meieqM court of summary jurisdiction shall deal with the case : respects as if the accused were charged with an indictable oi and the offence shall be deemed to be an indictaUe oi 42 & 43 Vict. c. 49, s. 17. jfower 10 award costs of con/oiction or dismissal.] '. cases of summary convictions or orders, it shall be lawli the justice or justices making the same in his or their diflfli to award and order that the defendant shall pay to the proM or complainant such costs as shall seem just and reasooaib that behalf. And where such justice or justices shall di the information or complaint, it shall be lawful for him or i in his or their discretion in and by his or their order of dni to award and order that the prosecutor or complainant reqpeek shall pay to the defendant such costs as to such justice <ff JM shall seem just and reasonable, and the sums so allowed nr shall in all cases be specified in such conviction or oidt dismissal aforesaid, and the same shall be recoverable by dif &c.: 11 & 12 Vict. c. 43, s. 18. The costs, for example, ordered by the confirming aoft under the Licensing Act, 1872, section 43, ante, p. 81, are to I covered as set out in the above section of 11 & 12 Vict c. 4(> Power to justices to issue warrant of distress audi mitment,'] Where a conviction adjudges a pecuniary pfl or where an order requires the payment of a sum of numflft no mode of raising or levying such penalty, compensatifl sum of money, or of enforcing the payment of the same it I or provided, any justice of the same county, division, boroiifi^ may issue his warrant of distress under his hand and seal; « case of insufficient distress, another justice may, by indone on the warrant, authorise distress and sale ox derendanfs | within such other county or place: 11 & 12 Vict c 43» i Until such wairant of distress is executed the defendant mi suffered to go at large, or be detained unless he give sni security to appear at the time and place for the return ci warrant : Ihid, s. 20. If, on return of such warrant of diatm sufficient distress is found, the justice may order the oosflld convey the defendant to the house of correction or common to be miprisoned [and kept to hard labour] for the time dii by the statute : ibid. s. 21. Where the statute in that \ 35 & 36 VICT. c. 94, s. 51. 99 " Summary procedure." Sect 51. lea no furtlier remedy in default of distress, or where the Notje. 88 ia insufficient, or where no mode of enforcing payment i penalty, &c., the defendant may be committed to imprison- ; forthree calendar months : Ibid. s. 22 ; 21 & 22 Vict, c 73, s. 5. itigations of warrant of distress and commitment.] (l) art of summary jurisdiction, to whom application is made T to issue a warrant of distress for any sum adjudged to be by a conviction or order, or to issue a warrant for committing caon to prison for non-payment of a sum of money adjudged B paid By a conviction, or in the case of a sum not a civil ; 1^ an order, or for default of sufficient distress to satisfy any L sum, may, if the court deem it expedient so to do, postpone iflfiue of such warrant until such time and on such conditions, ay, as to the court may seem just Q The wearing apparel and bedding of a person and his ily, and to the value of 61. the tools aud implements of his le, shall not be taken under a distress issueu by a court of •^ jniisdiction. ' 8) Where a person is adjudged by the conviction of a court of unary jurisdiction or in the case of a sum not a civil debt by order of the court to pay any sum of money, and in default Mmnent of such sum, a warrant of distress is authorised to be ied, and it appears to the court of summary jurisdiction to om application is made to issue such warrant, that such wm has no goods whereon to levy the disti'ess or that in the nt of a warrant of distress being issued, his goods will be afficient to satisfy the money payable by him, or that the J of the distress will be more injurious to him or Yda family n imprisonment, such court instead of issuing such warrant distress may, if it think fit, order the said person, on non- nnent of the said sum, to be imprisoned for any period not ceding the period for which he is liable imder such conviction nder to be imprisoned in default of sufficient distress. i) Where on application to a court of summary jurisdiction isae a warrant for committing a person to pnson for non- ment of a sum adjudged to be paid by a conviction of any irt of Bommary jurisdiction or in the case of a sum not a civil il^ by an order of such court or for default of sufficient distress mwfy such sum, it appears to the court to whom application ude, that either by payment of part of the said sum whether the shape of instalments or otherwise, or by the net proceeds die distress, the amount of the sum so adjudged has been need to such an exent that the unsatisfied Dakaice if it had istitoted the original amount adjudged to be paid by the h2 100 LICENSING ACT, 1872, S. 51. Sect. 61. conviction or order would have subjected the defendant -^ — maximum term of imprisonment, less than the term of ioifi PJOTB. ment, to which he is liable under such conviction or om court shall, by its warrant of commitment, revoke the ta imprisonment, and order the defendant to be impriaoaed term not exceeding such less maximum term instead of ft term originally mentioned in the conviction or order: 41 Vict. c. 49, s. 21. The forms of warrants of distress and commUmad me contained in the Summary Jurisdiction Rules, 1886. A wanant of cormnitmeTU is not to be void for a defect i alleged therein that the offender has been convicted and is a valid conviction or order : 42 & 43 Vict. c. 49, s. 39. A warrant of distress will not be void for a defect if it that a conviction or order has been made, and there is a go valid conviction or order: 42 & 43 Vict. c. 49, s. 39. The n executing a warrant of distress is set forth in 42 & 43 Vict, c 48 Where no method of recovery of penalty provided, all cases where no method of recovery of a penalty or : provided the above enactments of 11 & 12 Vict. c. ^ 88l and 42 & 43 Vict c. 49, s. 21, shall apply to Boeh reo 47 & 48 Vict. c. 43, s. 5. Proof of summary conviction.] (1) The clerk of evw] of summary jurisdiction shall keep a register of the minn memorandums of all the convictions and orders of such com (2) Such register, and also any extract from such n certified by the clerk of the court keeping the same to be extract, shall be primd fade evidence of the matters « therein for the purpose of informing a court of summary jn tion, acting for the same county, borough, or place as the whose convictions, orders and proceedings are entered i register ; but nothing in this section shall dispense wit legal proof of a previous conviction for an offence when ra to be proved against a person charged with another offena Every such register shall be open for inspection without reward by any justice of the peace, or by any person audi in that behalf by a justice of the peace, or by a secretary of 42 & 43 Vict c. 49, s. 22. See also as to proof of convict) other cases, 34 & 35 Vict c. 112, s. 18. Proof of service of process , notices^ dc] A solemn d( tion before a justice of the peace as to service is primi evidence of service : 42 & 43 Vict. c. 49, s. 41. Forfeitures sold.] The above provision as to sale of fiafe will apply to the liquor declared oy section 3, also by Act section 17, to be forfeited. 86 & 86 VICT. 0, 94, s. 52. 101 vUHes.^ The mitigatioii of penalties is provided for in Soct. 51. ang Act, 1874, section 12, post, and notes tnereon ; also by Nnrv mmary Jurisdiction Act, 1879, 42 & 43 Vict c. 49, s. 4, anU, * As to application of penalties, see this Act, 1872, sec- S and notes, post. The Urown may remit the penalty : 22 .32. J. Appeal to quarter sessions.~\ If any person aggrieved by any order or eon^^ction made by a of smnmary jurisdiction, the person so aggrieved ippeal therefrom, subject to the conditions and itions foUowing :— The appeal shall be made to the next court of quarter sessions. [The rest of this section was repealed by 47 & 48 Vict. c. 43, sched.] section does not affect the right of appeal against a refusal ces to renew or transfer licenses or certificates ; as to which, to the notices and other proceedings respecting such appeal, feo. 4, c. 61, s. 27, and notes, post. er this section, as originally drawn, it was held necessary e each of the convicting justices with notice of appeal, and ) serve the clerk of the justices only was not sufficient : V. Bu88, 3 Q. B. D. 13 ; 41 J. P. 87 ; 37 L. T. (n.s.) 533 ; r. M. C. 35 ; 26 W. R. 210. And this was the rule in all 1868 of convictions : R, v. Reading, 10 L. J. M. C. 126 ; Iheshire J J., 11 A. & E. 139 ; 3 P. & D. 23n. But see now person aggrieved,'] The person aggrieved is the person 18 been convicted, or against whom an order has been made, i a license holder was convicted, it was held that the land- is no right to appeal to quarter sessions though his interest « indirectly affected by the conviction : K. v. Andover t^ 16 Q. B. D. 711 ; 50 J. P. 549 ; 55 L. J. M. C. 143 ; r. 23 ; 34 W. R. 456. wnary Jurisdiction Acts, 1879 and 1884, as to b.] The procedure as to appeals against summary con- 8 under the Licensing Acts is now regulated by the wu Jurisdiction Acts, 1879, 42 & 43 Vict c. 49; 1884, 3 Vict, c 43. oedure on appeal to general or qtcarter sessions,] any person is authorised (some words here fitruck out by 02 LICENSING ACT, 1872, S. 52. Ct. 52. Note. Procedure cm Appeals, 47 & 48 Vict. c. 43, sched.) to appeal from the convictkni order of a court of summary jurisdictioii to a court of gaiocdU quarter sessions, he may appeal to such courts subject to " conditions and regulations following : (1) The appeal shall be made to the prescribed court of ^ or quarter sessions, or if no court is prescribed, to neod practicable cowrt of general or quarter having jurisdiction in the county, borough or plmi which the said court of summary jurisdiction Ml and holden not less than fifteen days afl.er the dbjj which the decision was given upon which the coim or order was founded ; and (2) The appellant shall, within the prescribed time, or if time is prescribed within seoen days after the diy • which the said decision of the court was given, ^ notice of appeal by serving on the other party the clerk of the said court of summary ji notice in writing of his intention to appeal, and of general grounds of such appeal ; and (3) The appellant shall, within the prescribed time, or if j time is prescribed within three days after the day oni ' ' he gave notice of appeal, enter into a recognissaniot ' a court of summary jurisdiction, with or without a i or sureties as that court may direct conditioned to at the said sessions and to try such appeal, and to the judgment of the court of appeal thereon, and to^ sucn costs as may be awarded by the court of the appellant may, if the court of summary ji before whom the appellant appears to enter into recognizance think it expedient instead of entering]! a recognizance, give such other security, by dq "^ money with the clerk of the court of summary ji tion or otherwise, as that court deem suj£cient ; add (4) Where the appellant is in custody^ the court of smBBiV] jurisdiction before whom the appellant appears to into a recognizance may, if the court think fit, on ttii ^ appellant entering into such recognizance or givuig wtk other security as aforesaid, release him from custody ; all (5) The court of appeal may adioum the hearing of the v pfA and upon the hearing thereof may connnn, leFam^ V Twodify the decision of the court of summary joriadietn or remit the matter, with the opinion of the comtv appeal thereon, to a court of summary jurisdiction MtiiV for the same county, borough or place as the coait If 35 & 36 VICT. c. 94, s. 52. 103 Procedure on Appeals, Sect 52. whom the conviction or order appealed against was made, Note. or may make such other order m the matter as the court of appeal may think just, and may by such order exercise any power which the court of eummarv jurisdiction might have exercised, and such onler shall have the same effect, and mav be enforced in the same manner, as if it had been made oy the court of summary jurisdiction. The court of appeal may also make such oixler as to costs to be paid by either party as the court may think just ; and Whenever a decision is not confirmed by the court of appeal, the clerk of the peace shall send to the clerk of the court of summary jurisdiction from whose decision the appeal was made, for entry in his register, and also indorse on the conviction or order appealed against, a memorandum of the decision of the court of appeal, and whenever any copy or certificate of such conviction or ortler is made, a copv of such memorandum shall be added thereto, and shall be sufficient evidence of the said decision in every case where such copy or certificate would be sufficient evidence of such conviction or order ; and Every notice in writing required by this section to be given by an appellant shall be in writing signed by him, or by his agent on his behalf, and may be transmitted as a registered letter by the post in the ordinary way, and shall be deemed to have been served at the time when it would be delivered in the ordinary course of the post : 42 & 43 Vict c. 49, s. 31. ) quarter sessions always have power to dismiss the appeal aground of the notice being bad: 12 & 13 Vict. c. 45, s. 2 ; Lancashire JJ., 41 J. P. 293. A person convicted under the rttion of Crimes Act, 34 & 35 Vict c 1 12, s. 10, of harbouring 18, afUe, p. 28, is entitled to appeal in the same way as if he ionyicted under the Licensing Acts : 39 & 40 Vict. c. 20, s. 5, y, 29. The appeal from excise convictions is now also under Acts: ReAuthers, 22 Q. B. D. 355; 53 J. P. 116; 58 L. J. 62 ; 37 W. R. 320. The quarter sessions cannot add fur- estrictions on the appeal : K. v. Pawlett, L. R. 8 Q. B. 491 ; P. 776 ; 29 L. T. 390. oUcation of provisions respecting appeals to quarter m to appeals under prior Acts,] [The previous part of ction was repealed by 47 & 48 Vict c. 43, sched.] ere any past Act, so far as unrepealed, prescribes that any L from the conviction or order of a court of summary juris- 104 LICENSING ACT, 1872, s. 52. Sect. 52. Procedure on Appeals. Note, diction shall be made to the next court of general or sessions, such appeal may be made to the next piacticabl of general or quarter sessions having jniisdiction in the borough or place for which the court of summary jraii acted, and held not less than fifteen days after the day oi the decision was given upon which the convictiun o appealed against was founded : 42 & 43 Vict c. 49, a. 32. Appeal from court of summary jurisdiction by . case.] (1) Any person aggrieved who desires to questioi viction, order, determination, or other proceeding of a c summary jurisdiction, on the ground that it is erroneous i of law, or is in excess of jurisdiction, may apply to the c state a special case setting forth the facts of the case i grounds on which the proceeding is questioned, and if tfa decline to state the case, may apply to the High Court of for an order requiring the case to be stated. (2) The application shall be made and the case stated such time and in such manner as may be from time t directed by rules under this Act, and the case shall be hrt determined in manner prescribed by rules of court made suance of the Supreme Court of Judicature Act, 1875, ( Acts amending the same ; and, subject as aforesaid, t 20 & 21 Vict. c. 43, intituled " An Act to improve the a tration of the law so far as respects summary proceedinfls justices of the peace," shall, so far as it is applicable, applj special case stated under this section, as if it were stii© that Act : 42 & 43 Vict. c. 49, s. 33. (The Summary Jurij Rules, 1886, allow the application to be made in writing seven days from the date of the proceeding to be question require the case to be stated within three months :) Provi< nothing in this section shall prejudice the statement of an] case under that Act : 42 & 43 Vict. c. 49, s. 33. The demand of a case for the opinion of the High Cour 20 & 21 Vict. c. 43, s. 2, and 42 & 43 Vict. c. 49, must 1 in writing to at least two convicting justices, that is to written notice must be served personally, or at the resides by registered letter to, those justices, and also a copy J served on the clerk to the justices : Sovih Staffordshire J J. 19 Q. B. D. 168 ; 51 J. P. 662 ; 66 L. J. M. C. 122 ; 67 L 36 W. K. 76 ; LockhaH or Butter v. St, AlbanSy 21 Q. K 62 J. P. 420 ; 57 L. J. M. C. 118; 36 W. R 420. Who may demand a case,] Not merely the peraon ai but either party to the proceeding may demand a case to 1 35 & 36 VICT. c. 94, s. 53. 101 » Procedure on Appeals, Sect 52> le opinion of the High Court under 20 & 21 Vict. c. 43, s. 2. Note. onder 42 & 43 Vict c. 49, s. 33, it is only a prson aggrieved can demand a case. See as to refusal of license, 9 Qeo. 4, f 8. 27, and notes, post, onditions as to case stated.] In demanding a case the leant is not bound to state the point of law with which he is ttisfied : B, v. Newton^ 43 J. P. 351 ; Ex 'parte Markham, 34 . 160. The recognizance will be in time if entered into before rery of the case ; Stanhope v. Thursby^ 35 L. J. M. C. 182 ; 30 '. 342. And the appellant may take points not taken in the .t below, if fatal to the respondent : KnigJU v. HalHwelly L. R. , B. 412 ; 38 J. P. 470. The justices may, after deciding that r have no jurisdiction, state a case : Muir v. Hoare, 47 L. J. 3. 17 ; 37 L. T. 315 ; 41 J. P. 471. y asking a case to be stated, an appeal to quarter sessions is 7ed : 20 & 21 Vict c. 43, s. 14. And a certiorari is also usually 7ed, unless great delay has occurred : Palmer v. Thatcher, 3 B. D. 346; 47 L. J. M. C. 54; 42 J. P. 213; 37 L. T. 786. lie computation of days includes Sunday : Peacock v. i2., . B. (N.B.) 264 ; 27 L. J. M. C. 224 ; 22 J. P. 403 ; 31 L. T. 101 ; mrte Simpkins, 29 L. J. M. C. 23 ; Wynne v. Ronaldson, 29 P. 566. lie statutory conditions of transmitting the case to the Cro\^Ti 58 are conditions precedent to the hearing of the case by the f Court, unless the appellant found it impossible to comply them : Morgan v. Eauxirds, 20 L. J. M. C. 108 ; 5 H. & N. i; 24 J. P. 245; Woodhome v. Woods, 29 L. J. M. C. 149; J. P. 759 ; 1 L. T. 59 ; Mayer v. Harding, L. R. 2 Q. B. 410 ; J. P. 376 ; 16 L. T. 429. 53. Continuance of license during pendency of peal against justices' refusal to renew.] wiiore 5 justices refuse to renew a license, and an appeal Binst such refusal is duly made, and such license pres before the appeal is determined, the Commis- «ters of Inland Revenue may, by order, permit the rson whose license is refused to carry on his business ring the pendency of the appeal upon such conditions ihejr think just ; and, subject to such conditions, any fson so permitted may, during the continuance of such 06 LICENSING ACT, 1872, S. ' . 53. oHer, cany on his bni-ines^ in the same manner as if i renewal of the license had not been refdsed. Where a license is forfeited on or in pnrsoanoe convir^tion for an offence, and an appeal is dnlj against such conWction, the conrt by whom the lion was made may, by order, grant a temporary U) Uj in force dnring the pendency of the appeal such conditions as they think just. ThiH M'j:X\(jn Is Himilar to 33 & 34 Vict, c 29, a. 9, now re^ ami exteixrU to alehoitsea as well as to the houses mentiinied the Wine and Beerhoase Acts. Th(j worrls *' refuse to renew " are obviously used not in technical .sense given to the words *' renewal oi a license " as in s^;ction 42, and as defined in section 74, but in the po[ i>A'Mm adopted in R. v. Lawrence or Liverpool^ 11 Q. K D. M 47 J. W 596; 52 L. J. M. C. 114; 49 L. T. 244; 32 W.R.1 namely, ^^ refuse to continue a license to the same house," whelll the Harrie perftrm hold such license or not. Hence this section ma oliviounly include transfers as well as renewals. Wli(;re the holder of a license or certificate dies, see section S( tliis Act, and 9 Geo. 4, c. 61, s. 14. 54. Conviction^ ^c, not to he quashed for wm offormy or removed by certiorari.] No conviction ( onhjr inmlo in pursuance of this Act, originally or o appeal, relative to any ofifence, penalty, forfeiture < Hunnnary order, shall be quashed for want of form, or made l)y a court of summary jurisdiction, be remove by cei'tiorari or otherwise at the instance of the Cron or of any j)rivate party, into any superior conrt. [H rest of this section repealed by 47 & 48 Vict. c. 43.] If the conviction has been ^vrongly drawn up, a fresh convictk nmy be drawn uj) Inifore filing with the clert of the peace: J Ihifie Austiuj 45 J. P. 302 ; Ex parte Ke7iyofiy 46 J. P. 303. This section does not taJce away the certiorari where want< jurisdiction or fraud is shown by affidavit : B, v. Bolton, 1 Q. B. 01 Be Bailey, 3 £. & B. 607 ; i^ v. GiUyard, 12 Q. K 527. 35 & 36 VICT, c. 94, s. 55. 107 Sm '^s to record of convictions of licensed Sect 58. ms for offences under Act.~\ With respect le record of convictions of licensed persons for jes under this Act committed by them as such, the ring provisions shall have effect in cases where this oquires the conviction to be recorded on the license ; 3 to say : — The conrt before whom any licensed person is accused shall require such j)erson to produce and deliver to the clerk of the court the license under which such person carries on business, and the summons shall state that such produc- tion will be required : If such person is convicted, the court shall cause the short particulars of such conviction and the penalty imposed, to be indorsed on his license before it is returned to the offender : The clerk to the hcensing justices shall enter the particulars respecting such conviction, or such of them as the case may require, in the register of licenses, kept by him under this Act : If the clerk to the court be not the clerk to the licensing justices, he shall send forthwith to the last-mentioned clerk notice of such con- viction, and of the particulars thereof : I Where the conviction of any such person has the effect of forfeiting the hcense, or of disquahfy- ing any person or premises for the purposes of this Act, the license shall be retained by the clerk of the court, and notice of such forfeiture and disquahfication shall be sent to the licensing 108 LICENSING ACT, 1872, s. 56. SiecL^5, officer of the district, and if the deik ta court is not the clerk to the licensing jinli to such last mentioned clerk, together wSk forfeited license. While this section was part of the Act, 18*72, the rule the justices were compelled to record some convictiont at license, and in other cases had the power to do so if they tiM fit. But now, by the Act, 1874, section 13, the justices ii cases have a discretion as to recording the conviction on a lioi As to the keeping of the register of licenses, see section 36^ p. 62, and notes. See also section 58, as to extracts ihxK Deing given in evidence ; also Act, 1874, section 13, post The holder of the license is suDJect to a penalty for refi to deliver his license when demanded by certain persons. section 64, post. This section enables the court to get possession of the h or certificate when the Act requires the conviction to be reca But if for any cause the license cannot be got, the same efii produced if the justices order a conviction to be recorded. section 33, ante, p. 61. The Summary Jurisdiction Act, 1879, 42 & 43 Vict, c 48, t ante, p. 100, also contains provisions as to justices' clerks reg in^ all convictions, and as to certified copies of extracts wn evidence. 56. Fm^ protection of owners of licensed'^ mises in cases of offences committed by tenai Where any tenant of any licensed premises is convi of any ofifence against this Act, and such o£Fence is the repetition of which may render the premises li to be disqualified from receiving a license for period, it shall be the duty of the clerk of the licei justices to serve, in manner provided by this notice of every such conviction on the 0¥aier ol premises. Where any order of a court of summary jnrisdic declaring any licensed premises to be disqualified receiving a license for any period has been made 35 & 36 VTOT. 0. 94, s. 56. 109 lall cause such order to be served on the owner Sect.56» premises, where the owner is not the occupier, e addition of a statement that the court will hold sessions at a time and place therein specified, at the owner may appear and appeal against such n all or any of the following grounds, but on no rounds : — Chat notice, as required by this Act, has not been served on the owner, of a prior offence, which on repetition renders the premises liable to be disqualified from receiving a license at any period ; or Chat the tenant by whom the offence was com- mitted held under a contract made prior to the commencement of this Act, and that the owner could not legally have evicted the tenant in the interval between the commission of the offence, in respect of which the disqualifying order was made, and the receipt by him of the notice of the immediate preceding offence which on repetition renders the premises liable to be disqualified from receiving a license at any period ; or Chat the offence in respect of which the dis- qualifying order was made, occurred so soon after the receipt of such last-mentioned notice that the owner, notwithstanding he had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred between the said notice and the second offence. e owner appear at the time and place specified, 110 LICENSING ACT, 1872, s. 56. Sect. 56. and at such sessions, or any adjournment thereof, i the court that he is entitled to have the order can on any of the grounds aforesaid, the court shall upon direct such order to be cancelled, and the shall be void. (The rest of this section was repeik Act, 1874, section 33.) This section is intended to protect the owner of licenM mises from the consequences of the offences committed 1 tenant or occupier. See the definition of owner in secti and Licensing Act, 1874, section 29. The clerk of the lie justices gets, as a matter of course, by the 55th section, nc the conviction from the clerk of the convicting court Tl words, " where any tenant of any licensed premises is can of an offence against this Act, and such offence is one the tion of which may render the premises liable to be disqua apply to all those offences whicn, by the exercise of the mac of the justices, would be recorded on the license or cert Convictions can now only be recorded if the justices thii though under the Act, 1872, it was otherwise. See Lie Act, 1874, section 13. Whenever a conviction, which mi^ been recorded under the Act, 1872, t.e,, under sections 6, 14, 16, 17, 28, occurs, the clerk of the licensing justices is t notice to the owner. Under the 30th section tne premises l disqualified if the justices do not say the contrary. Und* 31st section the premises become disqualified whether the ji say anything on the subject or not. Both cases are indadec As to the offences in section 31, sub-section (3), which wiS forfeiture in the first instance, and thereafter as conseqv thereupon, disqualification of premises by the operation o section, it seems the clerk would not require to give notia these; but there seems no reason why he shoiud not gr notice in those cases also. The clerk obtains the name and residence of the owner 1 36th section, which obliges the applicant for a grant or re to state the owner's name, and by section 70, wnich oblki owner himself to give his name and address to the der£ also Licensing Act, 1874, section 29. The second paragraph refers only to the cases where the of the court " declares licensed premises to be disqualified in those cases where the premises become disquidified nnd< Act, whether the justices declare them to be so or not, sach i paragraph seems not to apply, except in the cases sped! section 31. 36 & 36 VICT. 0. 94, s. 58. 11 : ^An offence by a licensed person under the Sale of Food ilc^ is Soct. 56 ed as an offence nnder the Licensing Acts. See LicenBing jJZ^n 1874) section 15, post, and this Act, section 36, ante, p. 62. tiie tenant has forfeited his license for a single offence, the ^ner may in some cases apply for a continuance of the license. M Incensing Act, 1874, section 15. !: As to service of notices, see section 70, post. On the letting of a public-house there is no implied agreement nthe part of the tenant not to do acts which may cause a for- Htme of the license : Maw v. Hindmarsh, 28 L. T. (n.s.) 644 F. t 57. ^s to catividion of licensed |>e9'«()?w of tfore than one ojfence on same dayJ] Where a poensed person is convicted of more offences than one, iommitted on the same day, the convictions for which pze by this Act directed to be recorded on his license, Hie court by whom he is convicted may, in tlieir dis- pwtion, order that one or some only of such convictions pbdl be recorded. I The offences here referred to need not be the same kind of gftnces. The words, " by this Act directed to be recorded," now ^Bdnde those offences wmch the justices directed to be recorded, [jit ooiQd have directed to be recorded, and thus all those under jjgBetiQDB 5, 6, 13, 14, 16, 17, 28, are included. See Licensing Act, "**74, section 13. When two or more recordable convictions occur one day, the justices who have convicted may reduce to one naml)er to be recorded. And it seems they may now say ^ \ none shall be recorded, for in all cases it is discretionary in <1be justices to record any conviction : Licensing Act, 1874, sec- Imh 13. Nor does this power apply to other than recordable conrictions. It is ob\'ious that the justices aie intended to exer- <iteiheir power of reduction and selection in recording several ttBvictions, when the last of the convictions has been made. 58. Evidence of endorsements and register."] He registers of licenses kept in pursuance of this Act Aall be receivable in evidence of the matters required hy this Act to be entered therein. Every endorsement upon a license, and every copy of an entry made in the 112 LICENSING ACT, 1872, S. 59. fleet. 58. registers of licenses in pursuance of this Act, pi ing to be signed by the clerk to the licensing ji and (in case of a copy) to be certified to be a true shall be evidence of the matters stated in such ei ment and entry, without proof of the signature^ authority of the person signing the same. The register of licenses is regulated by section 36. See section 31, and Licensing Act, 1874, section 13. This section a;ives a convenient and easy mode of proYiBlj endorsements by the official copy signed by the derk to licensing justices. See also a convenient mode of proving all convictions Summary Jurisdiction Act, 1879, 42 & 43 Vict, c 49, s. 2S|< p. 100, and the same under the Prevention of Climes Aet^ 34 & 35 Vict c. 112, s. 18. 59. Saving for indictments , Sfc.^ under Acts,^ Nothing in this Act shall prevent any from being Kable to be indicted or punished under! other Act, or otherwise, so that he be not pi twice for the same offence. This section prevents the implied repeal of previous dealing with the same offence, and practically gives the cutor the election to proceed under either, subject to this tion, that after punishing the offender under either, he afterwards punish him under the other enactment. example of this double remedy under section 17. See section 60 and 5 & 6 Vict. c. 44, s. 4. See also sections & and 4 & 5 WilL 4, c. 85, ss. 17, 20. See also section 8, ana there referred to. The enactment seems to include "any Act" to be passed after 1872, and therefore will apply to tion 10 of this Act, as compared with the Licensing ijet| * section 17. The general rule is that no person can be convicted respect of the same subject-matter : Wemyss v. HoM/hm^ L. Q. B. 378; 44 L. J. M. C. 101; 39 J. P. 549; 32 L.T.9;iB 691 ; Eddledon v. Barnes, 1 Ex. D. 67; 40 J. P. 89; 45 L J. 73; 34 L. T. 497; Sims v. Pay, 58 L. J. M. C. 39; 53 J. P. Nevertheless, a revenue offence and a general statatoij may arise on the same facts : Saunders v. Baldy^ 6 K & & L. k 1 Q. B. 87; 30 J. P. 148; 14 W. R 177; 13 L. T. 35 & 36 VICT. 0. 94, s. GO. 113 Miscellaneous. Sect. 60. Tisqiialification of justices to act under ] No justice shall act for any purpose under or under any of the Intoxicating Liquor Acts, except in cases where the offence s that of being found drunk in any higliway ublic place, whether a building or not, or on ed premises, or of being guilty while drunk of disorderly conduct, or of being drunk while on any highway or other public place, of any horse, cattle, or steam-engine, or of being 3n in possession of loaded fire-arms, who is or ership with or holds any share in any com- ch is a common brewer, distiller, maker of lie, or retailer of malt or of anv intoxicating he licensing district, or in the district or dis- dning to that in which such justice usually no justice shall act for any purpose under or under any of the Intoxicating Liquor espect of any premises in the profits of which 3e is interested, or of which he is wholly or owner, lessee, or occupier, or for the owner, occupier, of which he is the manager or stice, hereby declared not to be qualified to this Act, who knowingly acts as a justice for e purposes of this Act shall for every such liable to a penalty not exceeding one hundred be recovered by action in one of her Majesty's 3urts at Westminster : d that — justice shall be disqualified under this section o act in respect of any premises by reason of I 114 LICENSING ACT, 1872, S. 61. Beet. 60. his having vested in him a legal interest oi and not a beneficial interest, in such piend or the profits thereof : (2) No justice shall be liable to a penalty for in than one offence committed by him under { section before the institution of any prooeedh for the recovery of such penalty : (3) No act done by any justice disqualified by t section shall by reason only of such disqml cation be invalid. The offences referred to are contained in section 12, fli p. 20. " Acting under any of the Intoxicating Liquor Licensiiig Afl mean, by section 74, the statutes 9 Geo. 4, c. 61 ; 32 & 33 T c. 27 ; 33 & 34 Vict. c. 29, post. If the justice be a shareholder in a company, which is ft bt company, or of a railway or other company, which is the o«i of a notel, that would, under this section, disqualify such jurfi It is no disqualification if the business in which the jiutiBi interested is carried on in a different county or place wjfl another licensing district in England or Wales, umesfl it ii adjoining district, or his premises are the subject of the p ceedings. The former disqualification of justices, under 9 Gea 4j,c' s. 6, was moi-e extensive than under the present Act, for it i equally a disqualification if the business was carried on aoyiA in England. It was an oversight not to have repealed 5 1 Vict. c. 44, s. 4, which still keeps alive the more extended^ qualification of 9 Geo. 4, c. 61, s. 6, as regards justices aetmj petty sessions under 5 & 6 Vict c. 44, s. 1. A justice who i brewer, &c., may act in the cases excepted in the third liM this section, namely, in adjudicating on charges of dronkenn subject to the exception as to interestedness defined hyt section. 61. Extension of jurisdiction of justices ot river, water, ^c] For all the purposes of this i any pier, quay, jetty, mole, or work extending fromi place within the jurisdiction of any licensing justices 35 & 36 VICT. c. 94, s. 62. 115 of summaiy jurisdiction into or over any part of Sect. 61» 3a, or any part of a river within the ebb and flow a tide, shall be deemed to be within the jurisdiction :ch justices and court. >r the purpose of jurisdiction in any proceeding r this Act, any river or water which runs between nns the boundary of two or more licensing districts, f the jurisdiction of two or more courts of sum- j jurisdiction, shall be deemed to be wholly within such hcensing district and the jurisdiction of each ich courts. le jurisdiction of justices, irrespective of this enactment, nds over the shore between high and low water mark : leUni V. Brovm, 3 E. & E. 234 ; 30 L. J. M. C. 1. Hence, if a h or tent were erected on the seashore where there are races, used under an occasional license, and an offence were corn- ed, the justices would have jurisdiction, he Summary Jurisdiction Act, 1879, 42 & 43 Vict c. 49, s. 46, iges this section, and makes any offence committed within yards of a boundary, or begun in one jurisdiction and com- ed within another, triable by either court ; and in the case of iffence in respect of a carriage or vessel, any court through ch the same passes during the journey has jurisdiction. B2. Evidence of sale or consumption of in^ icating liquors.^ In proving the sale or consump- i of intoxicating liquor for the purpose of any pro- Bug relative to any offence under this Act, it shall be necessary to show that any money actually passed toy intoxicating Uquor was actually consumed, if the trt hearing the case be satisfied that a transaction in nature of a sale actually took place, or that any isumption of intoxicating liquor was about to take ce, and proof of consumption, or intended consump- 1, of intoxicating liquor on premises to which a Bnse under this Act is attached, by some person other i2 L16 LICENSING ACT, 1872, s. 63. Sect. 62. than the occupier of or a servant in such piem shall be evidence that such liquor was sold to person consuming, or being about to consume, or ci ing away the same by or on behalf of the holder of i license. The sections with reference to which this enactment wil most used will be sections 3, 5, 6, 7, 8, and Act, 1874^ sectk and the enactment meets the case where, for example, the p« gives liquor in exchange for some valuable consideration, d a pure gift be established, it will not be within this or the o sections : Petherick v. Sargent, 26 J. P. 135 ; 6 L. T. 48. evidence referred to in the latter part of the section means sf f 04^16 or admissible, but not conclusive evidence, and it "wiU be open for the defendant to rebut such evidence. It has I held that where a drunken man accompanies a sober man orders liquor, which is consumed by the drunken man, on lioei premises, this is evidence of selling to the drunken in Scatchard v. Johnson, 52 J. P. 389 ; 57 L. J. M. C. 41. Where a wife held a license, and the^husband carried liqufl a private house, and sold it at a raffle there going on, and raoi back the money and gave it to the wife, she may be convicto selling at an unlicensed place, contrary to section 3 : Seagi White, 51 L. T. (n.s.) 261 ; 48 J. P. 436. 63. Avoidance of excise license on forfeii of license.'] Where a license is forfeited in pursv of this Act, or becomes void under any of the provifl of this Act, any license for the sale of intoxica hquors granted by the Commissioners of Inland Bevi to the holder of such license shall be void. When justices refuse to renew a license and the appK appeals, or takes steps to keep alive the Hcense, the Is Kevenue may grant a temporary license under section 53. also where the license is forfeited, and an appeal is duly madf convicting court may grant a temporary license : Section 5SL cases of forfeiture for felony (see 3 & 4 Vict. c. 61, s. 7 ; 23 ' c 27, s. 22 ; 33 & 34 Vict c. 29, s. 14), a remedy is pointed where a tenant for the first time is disquaUfiiea or forfeitf felony the license. See Licensing Act, 1874, section 15. 35 & 36 vioT. c. 94, s. 65. 11! 4. Production of license hy holdei' and Sect 64 Ity on non-production^ Every holder of a license, an order of exemption made by a local authority, Tsnance of this Act, shall, by himself, his agent, or nt, produce such license or order within a reason- fcime after the production thereof is demanded by a je of the peace, constable, or officer of Inland jnue, and deliver the same to be read and examined dm. Any person who acts in contravention of section shall be liable to a penalty not exceeding lonnds. le order of exemption from closing hours, permanently or oraiily by a local authority, is dealt "^-ith in sections 26, 29, pp. 50, 55. iia penalty will not be incurred unless a previous demand has made by a person authorised to demand, namely, a justice tie peace, constable, or officer of Inland Eevenue, and the se has not been produced within a reasonable time. The BT is entitled to have the license returned to him after it been read and examined, unless, as may happen, the clerk of justices is authorised to retain it in his hands for certain ler purposes, as under section 55, sub-section (5). Every person Qoned must also produce his license to the justices' clerk : on 55, sub-section (1). le burden of proof of a license as a defence lies on the defen- , according to 42 & 43 Vict. c. 49, s. 39 : Turner v. Johnsoriy P. 22. 15. Population to he according to last census.] population of any area for the purposes of this Act I be ascertained according to the last published to for the time being. lis section has reference to section 45, ante, p. 45 ; alsc nsing Act, 1874, section 32, post. I the Beerhouse Act, 3 & 4 Vict. c. 61, s. 1, the test of popula- is said to be " according to the last parliamentary census," tting the word " published," and that Act is not incorporated tu8 Act Hence, where a census depending on that Act was 118 LICENSING ACT, 1872, s. 66. Sect* 65. not published, though otherwise known, the justices mu^u .^ — upon it. See R. v. Cumberland J J., 8 Q. B. D. 369; 46 J. P.' ^^^^- 51 L. J. Q. B. 142 ; 30 W. R. 178. 66. Moiety of penalties may he awa/rded police superannuation fund.l Any part not ez ing a moiety of any penalty recovered under this may, if the court shall so direct, be paid to the annuation fund of the police establishment within jurisdiction the offence in respect of which such ties are imposed shall have occurred. As to the application of penalties, see also section 61, 11 & 12 Vict. c. 43, s. 31. In boroughs having no court of qiurtv sessions, but a separate commission of the peace, or neither cm nor the other, the penalties, if not otherwise disposed o^ weietl be paid to the treasurer of the county : Winn v. Mossman, L % 4 Exch. 292 ; 38 L. J. Exch. 200 ; 33 J. P. 743 ; 20 L. T. W| Mayor of Rdgate v. Hunt, L. R. 3 Q. B. 244; 37 L. J. M. C.W; 18 L. T. 237; 16 W. R. 896; 9 B. & S. 129; 32 J. P. 342; B.* Dale, 17 J. P. 342; 22 L. J. M. C. 44; 1 Dearsl 37. The Municipal Corporations Act, 46 & 46 Vict, c 50, a. ^Si^^Kf down the following rules for some boroughs : Application of penalties in quarter sessions Ixmmgh] (1) "VVliere by an Act passed or to be passed any fine, penally or forfeiture is made recoverable in a summary mannex belBl any justice or justices, and payable to the Crown or to any liofr corporate, or to any person whomsoever, the same if recovered ni adjudged before any justice of a borough having a separate oo*fc of quarter sessions, shall, notwithstanding anythin^r in theilt und!er which it is recovered, be recovered for and aclyadged to^ paid to the treasurer of the borough. (2) But this section shall not apply to a fine, penall^tf foneiture, or part thereof, where tne Act under which ft » recovered, (a) Directs payment thereof to the informer, or to any pen* agf^eved : (6) If passed since the Municipal Corporations Act, iM directs that the same shall go in any other manner and not totki borough funds : (c) Kelates to the customs, excise, or post office, or to tndei' navigation, or to any branch of the revenue of the Crown. The Crown may remit the penalty : 22 Vict c 32. 35 & 36 VICT. 0. 94, s. 69. 11' 67. Liifrdt of mitigation of pe)ialtie8.^ (Re- S«ct67 foled by Licensing Act, 1874, section 12: see that iciion, also 42 & 43 Vict. c. 49, s. 4, ante, p. 95.) 68. Regulations as to retail licenses of whole^ vie dealers/] No person shall sell by retail liqueurs or pints under the authority of any retail license which poh person shall have obtained as a wholesale spirit letler from the Commissioners of Inland Revenue, xcept in premises occupied and used exclusively for he sale therein of intoxicating liquor, and which pre- nises have no communication with the premises of nor lie in any way occupied by a person who is carrying HI any other trade or business, unless such person shall live first obtained from the licensing justices a license nitihorising such sale in premises not exclusively so Kcapied and used. The additional retail license here referred to is allowed to iKDsed dealers in spirits by 24 & 25 Vict c. 21, s. 2, post; and KB notes thereto. As to the spirit dealer's license, see notes to section 3, cmte, p. 4, *d Spirits Act, 1880, 43 & 44 Vict c. 24, post Bie foreign or British spirits are to be sold in any quantity not fall than one reputed quart bottle, or as to foreign liqueurs, in the Mfles in which the same may have been imported. Bie premises, if used exclusively for the sale of intoxicating "Shot, are exempted firom any license by section 73, post, 69, Licenses for sale of liqueurs^ ^c, h\j ^ftml not to he consumed on the premises.] A ncense for the sale of liqueurs or spirits by retail not to w consumed on the premises may, where such license is f^tdred by this Act, be granted in the same manner in «1 respects in which a license for selling wine not to be ^nsTuned on the premises may by law be granted, and 120 LICENSING ACT, 1872, s. 69. Beet. 69. an application for such a license shall not he reh except upon one or more of the grounds on whUi certificate in respect of a license to sell hy retail bil cider, or wine not to he consumed on the premises fll be refused. (Part of the section repealed hy464i Vict. c. 39, sched.) Provided also, that nothing in this Act containfld to the requirements of a justices' license shall affect i sale of liqueurs or spirits or sweets under any exd license granted before the passing of this Act daring t continuance of such excise license. As to the license for selling wine not to he consumed gd I premises, see 23 Vict. c. 27, s. 3 ; and 32 & 33 Vict, c 27, a. & As the applicants for spirit and liqueur licenses for consni tion off the premises are put on the same footing as wine lieeH under 32 & 33 Vict. c. 27, and 33 & 34 Vict, c 29, it foUbWH tf they must give notice before applying, as required by 32 & Vict. c. 27, s. 7, and by Licensing Act, 1872, s. 40. TTieyC only apply at the general annual licensing meetingor its adjoa nient. See section 74, " Definition of License." The justices fl only refuse the license or its renewal or transfer on the tk first grounds stated in 32 & 33 Vict c. 27, s. 8 : R. v. ScfA, Q. B. D. 481 ; 53 J. P. 119; 58 L. J. M. C. 78 ; 60 L. T. 231; W. R. 301 ; R. V. Smith or Southport J J,, L. R. 8 Q. R 146; J. P. 214; 42 L. J. M. C. 146; 28 L. T. 129; 21 W. fi. « The fourth ground of refusal mentioned in 32 & 33 Vict t J s. 8, has no application to these licenses, for they were nw subject to any valuation qualification before 32 & 33 Vict c! and that statute does not impose any new qualification di ti kind. The license or certificate may be transferred in case death, bankruptcy, &c., as in the case of other Ucenses : 83 k Vict. c. 29, s. 4. See also this Act, section 3, an^ p. 3. As regards the closing of mch premiseSf though they iff comply with the hours set forth in the Licensing Act, 1874, i tions 3, 9, yet the keepers can only be convicted for selling i keeping open, &c., for the sale oif liquors. As they usualSri other articles than Hquors they may keep open after prohibii hours for the sale of other articles, provided they neither aefl expose for sale nor keep open for the sale of liquors. They flhoi therefore cover up the liquors in some way so as not to dp 35 & 36 VICT. c. 94, s. 70. 121 a to view of customers during the closing hours, and justices Sect. 60. Id not in that case be warranted in convicting unless they ^ — id that the keeping open for the sale of other articles than ^^'^^ DII8 was only a pretence. See Tassell v. Ovenden^ 2 Q. B. D. 5 41 J. P. 710; 46 L. J. M. C. 228 ; 36 L. T. 606; 25 W. R. ; Briffden v. Heighes, 1 Q. B. D. 330; 40 J. P. 661 ; 46 L. J. 0. 58 ; 34 L. T. 242 ; 24 W. R. 272 ; Ex parte Joynt, 38 J. P. 70. Notices may he served by j;o8f.] All notices L docnments required ])y this Act to b(» served or sent y, unless otherwise expressly provided, be served and Kt by post, and, until the contrary is proved, shall be smed to have been served and receiv(»d respectively at I time when the letter containing the same would be Svered in the ordinary course of post ; and in proving )li service or sending it shall be sufficii^nt to prove it the letter containing the notice or document was Bpoid, and properly addressed. Where any officer or other person interested in any ensed premises is entitled to receive notice* of a con- rtion under this Act, he shall supply his address to B clerk or other person required to send such notice, i any notice sent to such address shall be deemed to duly served ; and where no notice is suppli(*d in pur- ince of this section, all notices shall be deemed to ho. }j served if sent to any address which such clerk or ber person in the exercise of his discretion believes to the address of the person to whom the notice was so Provided that any notice of any offence required by is Act to be sent to the owner of hcensed premises ill be either served personally or sent by registered ter. rhe service of notices by registered letter was allowed by 6 S4 Vict. c. 29, s. 4, in cases of application for a new certifi- 122 LICENSING ACT, 1872, s. 72. •Sect. 70. cate under 32 & 33 Vict. c. 27, s. 7. The same mode of ser .^^ — notice has also been extended to all applications imder dni WOTB. £qj, j^g^ licenses or transfer licenses under 9 Geo. 4, c 61, aad Beerhouse Acts, as stated by section 40, arUe^ p. 71. AQ i notices may now be served by ordinary letter, and need not I registered letter, except that the notices mentioned in tkl paragraph must be by registered letter if not personally serve The notice to the owner here referred to is required ly tion 31. Another notice to owner of a removed license is proii for by section 50. The notices of appeal under this Act against convictioiii orders may also be served by post, and by virtue of the Sum Jurisdiction Act, 1879, 42 & 43 Vict. c. 49, s. 31, anU^ p. 68) be served on the clerk of the convicting justices insteau of oi justices themselves. 71. Schedules to be part of ActJ] Thesched to this Act shall be construed and have effect as pii this Act. The schedules have since been repealed, but leaving tlM unaffected, see Sched., post. Saving Clauses. 72. Saving of certain privileges yrigktSfi Nothing in this Act shall affect or apply to— 1. The privileges at the date of the passing of Act enjoyed by any university in England, oi respective chancellors or scholars of the San their successors : 2. The privileges at the date of the passing of Act enjoyed by the mayor or burgesses of borough of St. Albans in the county of Herli or their successors, or the exemptions firom obligation to take out a license as defined by Act, or a license from the Commissioner Inland Revenue enjoyed by the Company d 35 & 36 VICT. c. 94, s. 72. 123 .master, wardens, and commonalty o{ vintners of Sect. 72, 'the city of London : L The sale of spruce or black beer : fk The sale of intoxicating liquor by proprietors of theatres in pursuance of the Acts in that behalf : !• The sale of intoxicating Uquor in packet boatSj in pursuance of the Acts in that behalf : I. The sale of intoxicating liquor on special occasions I in pursuance of the provisions in that behalf r enacted : ?. The sale of spirits in canteens, in pursuance of any Act regulating the same : p. The sale of medicated or methylated spirits, or spirits made up in medicine and sold by medical practitioners or chemists and druggists : 9« The sale of intoxicating liquor by wholesale : 0, Any penalties recoverable by or on behalf of the Commissioners of Inland Revenue or any laws relating to the excise. ) The privileges of the universities are also referred to in 0. 4, c. 61, 8. 36 ; 5 & 6 Vict. c. 44, s. 6 ; 1 WilL 4, c. 64, ; 3 & 4 Vict. c. 61, s. 22 ; 23 Vict. c. 27, s. 45 ; 32 & 33 c 27, 8. 20 : J2. v. Archdall, 8 A. & E. 281 ; 3 N. & P. 696. The privileges relating to St Albans are also referred to in L c. 27, 8. 45 ; 32 & 33 Vict. c. 27, s. 20. privileges of the virUners of London are noticed in Vaugh. S59 ; Levinz. 217, 221 ; 9 Geo. 4, c. 61, s. 36 ; 32 & 33 Vict. [y 8. SX) ; also in Metropolitan Police Act, 2 & 3 Vict. c. 47, 5 the Cily of London Police Act, 2 & 3 Vict. c. 14, s. 29. entry oi premises, see 30 & 31 Vict, c 90, s. 12 ; 25 Vict. •.16. word "vintner" is not restricted to the selling of wine to [ttHunimed on the premises : Wells v. Attenboroiigh, 24 L. T. ;19W. R465. privilege of selling wine as a freeman of the Vintners' ay extends only to persons whose freedom has been ifemed by patrimony or servitude and their widows : Boards L24 LICENSING ACT, 1872, s. 72. Beet. 72. Theatre Licenses, -jSi^r^ Order, 26tli February, 1830. Order of Vintners' Compnij, March, 1839. (3) The sale of spruce beer is noticed in 25 Vict c SS; The duty on spruce beer and Berlin white beer is set fa 44 Vict c. 12, s. 3 ; 52 Vict c. 7, s. 3. (4) The sale of liquors in theatres is regulated by 5 & 6 H c 39, 8. 7 ; 6 & 7 Vict c. 68. See also 2 & 3 Vict c. 47,* to metropolitan police district, and 2 & 3 Vict, c 94, & 30 the city of London . As to Ireland, see 37 & 38 Vict e. 8 TJwatre licenses,] The licensing of houses or pl£M» I public performance of stage plays was transferred to « councils by 51 & 52 Vict. c. 41, s. 7. It shall not be lair any person to have or keep any house or other place of resort in Great Britain for the public performance of stui without authority by virtue of letters patent from Her II or without license from the Lord Chaml^erlain or from the j of the peace ; the offender incurs a penalty not exceeding i every day on which the house or place is kept open : 6 S c. 68, s. 2. The Lord Chamberlain's license is required theatres within the cities of London and Westminster i boroughs of Finsbury, Marylebone, Tower Hamlets, Lambe South wark, and places where Her Majesty shall occaB reside ; also New Windsor and Brighton : Ibid, s. 3. L places applications may be made to the justices of the pea these are within twenty-one days to hold a special for granting licences for theatres : Ibid. s. 5. The licenae : to be granted by the Lord Chamberlain or justices to Out and responsible manager for the time being : Ibid, s. 7. The appeal against the refusal by justices of a theaixe licen parte Hariington, 4 TimeSf L. R. 435. The Lord Cham may in certain circumstances suspend the license or ok theatre to be closed : Ibid. s. 8. The justices also shall mal able rules lor insuring order and decency, for regulating tb of keeping open theatres in their jurisdiction, and in some i stances to order the theatre to be closed : Ibid. s. 9. A | of 10^. per day is incurred by every person who for hire a or permit, or cause, permit, or suffer to be acted or prese&i part in any stage play in any place not being a patent tlu duly licensed as a theatre : Ibid. s. 11. And tliis pen incurred by actinga stage play in a booth : Tarling v. Fn 28 L. T. 8i4 ; 21 W. R. 785 ; 38 J. P. 197 ; FredariduY, 1 H. & C. 584 ; 32 L. J. M. C. 14 ; 27 J. P. 104. Stage play includes every tragedy, comedy, ftcurce, ope les(iue, interlude, melodrama, pantoinime, or other entcxtt of the stage or any part thei*eof : Ibid, s. 23. 35 & 36 VICT. c. 94, s. 72. 126 Theatre Licenses. Sect. 72. of every new stage play and every act, scene, &c., ^1)^ to be produced and acted in any theatre in Great all be sent to the Lord Chamberlain, who may allow or acting, and a penalty of 50/. is incurred for acting these tJieir having been allowed : Ibid, ss. 12 — 15. The are recoverable by action or summarily before justices : . And there is an appeal to quarter sessions against a . : Ihid. s. 20. re license under section 2 is required only for places not )ut permanently used for stage plays, while section 11 fci those casually using a place : R. v. Stragnellf B, v. L. R. 1 Q. B. 93 ; 35 L. J. M. C. 78 ; 13 L. T. 433 ; 14 3 ; 30 J. P. 101. But a theatre built and used in a >UjBe for a public performance requires a license : Shelley , 12 Q. B. D. 11 ; 53 L. J. M. C. 16 ; 49 L. T. 779 ; 276 ; 48 J. P. 244. estion, whether a representation given in a house licensed and dancing is such as to amount to a stage pl^y^ and Hheatre license would be necessary, is mainly one of fact, ecision of justices would not usually be interfered with : , Strange, L. R 1 C. P. 175 : 35 L. J. M. C. 31 ; 29 ; Bay v. Simpson, 18 C. B. (n.s.) 680 ; 34 L. J. M. C. L. T. 386 ; 13 W. R. 748. »wer to regulate metropolitan theatres and music-halls 1 to the Metropolitan Board of Works by 41 & 42 Vict. 11, 12, and is now transferred to the London County 51 & 52 Vict. c. 41. nation room managed under the authority of a secretary r the Admiralty may be used for the public performance lays without a license : 52 Vict c. 3, s. 7. *x to sell intoxicating liquors at theatres,'] It shaU for the commissioners and officers of excise, and they y authorised and empowered to grant retail licenses to 01 to sell beer, spirits, and wine in any theatre established royal patent, or in any theatre or other place of public ment Lcensed by the Lord Chamberlain or by justices of , without the production by the person applying for such : licenses, of any certificate or authority for such person , common inn, alehouse, or victualling-nouse, anything in or Acts to the contrary notwithstanding : 5 & 6 Will. 4, 7. The above section of 35 & 36 Vict. c. 94, s. 72 only tiheatres strictly so-called from having a justices' license not exempt places of public entertainment : B. v. Inland 126 LICENSING ACT, 1872, s. 72. Sect 72. Eevenue, 21 Q. B. D. 569 ; 57 L. J. M. C. 92 ; 59 L. T. 2 tJ— W. R 696 ; 52 J. P. 390. As to the duty payable, see Inland Revenne Act, 1880^ * "Vict. c. 20, s. 43, pod. Though theatre bars require no justices' license, yet ti of dosing set forth in 37 & 38 Vict. c. 49, ss. 3, 9, apdii premises in which intoxicating liquors are sold hy lewl i anv exception of theatres. Martin v. Barker^ 50 L. J. IL < 45*^1. T. (N.s.) 214 ; 45 J. R 749 ; 29 W. R 789. Andtf time of opening and keeping open, the natural meaning statutory exemption seems to be, that the seUing at the bar is incidental to the time of performance at the theatre reasonable time before and after, but always subject to the closing set forth in 37 & 38 Vict c. 49, ss. 3, 9, post, (5) As to the sale in packet hoatSy see 9 Geo. 4, c 47 ; WUl. 4, c. 75 ; 5 & 6 Vict. c. 44, s. 5 ; 43 & 44 Vict. c. 20,1 (6) As to sale on special occasions, see section 29, where i-aiy exemptions from closing houi-s may be obtained. Th also occasional licenses granted to sell at other than the a licensed place under the authority of 25 & 26 Vict c 22 26 & 27 Vict. c. 33, s. 20 ; 27 & 28* Vict c 18, s. 6, poiL S Licensing Act, 1874, sections 18, 19, 20. J (7) As to sale of liquors in canteens, the Army Act, < Vict. c. 58, s. 174, enacts — (1) When a person holds a i under the authority of a secretary of state or the Admii shall be lawful for any two justices, within their ren>ectiT dictions, to grant, transfer, or renew any license wr th being required to enable such person to obtain or hold an] license for the sale of any intoxicating liquor, without r^ the time of the year, and without regard to the requirement notices, certificates, or otherwise of any Acts for uie time b force affecting such licences ; and excise licences may be | to such persons accordingly. (2) For the purposes of thiB the expression "license" includes any license or certificate time being required by law to be granted, renewed, or ferred by any justices of the peace, in order to enable any to obtain or hold any excise license for the sale of any intoi liquor. (8) The sale of methylated spirits is regulated by 18 & 1 c. 38, s. 3 ; 24 & 25 Vict c. 91, ss. 1, 2 ; 30& 31 Vict c. 9G 43 & 44 Vict c. 24. For spirits made up in medieii chemists, &c., see 16 Geo. 2, c. 8, s. 12. (9) See several statutes as to dealers referred to in o section 3, ante, p. 8 ; also 43 & 44 Vict c 20 ; 48 35 & 36 VICT. c. 94, s. 73. 127 B. 24 ; 1 Will 4, c. 51, s. 22 ; 6 Geo. 4, c. 81 ; 48 & 49 Sect. 72, i- 51. Note Where a penalty, such as the excise penalty declared by WilL 4, c 85, s. 17, is recovered, it will not count as a con- 1 under section 3, ante, p. 7, as regards an increase of anent there directed : Re Anthers, 22 Q. 6. D. 345 ; 58 IL C. 62 ; 53 J. P. 116 ; 37 W. R. 320. |r recreation room managed or conducted under the authority Kretary of state or the Admiralty, may be used for public S music, or other public entertainment of the like kind, e public performance of stage phiys without any license : UL c 3, s. 7. i B, Licenses as defined by this Act not required hrtain retail sales.^ A license as defined by this mall not be required for — ^The sale of wine by retail, not to ])e consumed on : the premises, by a wnnc merchant in pursuance of a wine dealer's license granted by the Com- missioners of Inland Revenue ; or JDie sale of liqueurs or spirits by retail, not to be consTuned on the premises, by a wholesale spirit dealer whose premises are exclusively used for , the sale of intoxicating liquors, in pursuance of a retail license granted by the Commissioners of Inland Revenue, under the provisions of the r twenty-fourth and twenty-fifth years of Her I present Majesty, chapter twenty-one, intituled : ** An Act for granting to Her ILi jesty certain ' duties of excise and stamps." CODoeptioiis from the necessity of a license or certificate, ffftftil license to sell wine obtained by a wine dealer. And who takes out a wine dealer's license fulfils the descrip- A wine merchant : Palmer v. Thatcher, 3 Q. B. D. 46 ; ^« 213; 47 L. J. M. C. 54 ; 26 W. R. 314 ; 37 L. T. (n.s.) ^A wine merchant may be said to be one who sells goods not \ ] 28 LICENSING ACT, 1872, 8. 74. Sect. 73. produced by himself : Josselyn v. Parson, L. R. 7 Ei. Ii7 — L. J. Ex. 60 ; 36 J. P. 455 ; 25 L. T. 912 ; 20 W. R 3ia Tin NOTB. Q^ license of justices is not required in this case, stall the hoU the license is subject to the ordinary penalties for keepi^opa premises during the closing hours set forth in 37 & 38^ct e s. 3 : Martin v. Barker, 50 L. J. M. C. 109 ; 45 J. P. 74B L. T. (n.s.) 214. Whether he would be liable as a Ikfl person to other oflfences set forth, as, for example, in sed 7, 11, and other sections, no decision of the court as to tldi yet occurred. 2. A retail spirit license by a spirit dealer, provided his mises arc used exclusively for the sale of intoxicating lim See section 68. The same remark as in the last case apphi this license. As such a spirit dealer does not require a jai license to sell under his additional retail license, and Mb pieo are not licensed premises within the meaning of section 1 constable has no right of entry under 37 & 38 Vict c. 48^ 4 Harrison v. Mac VMcel, 48 J. P. 469 ; 50 L. T. (n.s.) 2ia Definitions. 74. Interpretatioii of terms, Sfc.'] In this Ac not inconsistent with the context, the following exp sions have the meanings hereinafter respectively asdg to them ; that is to say : — *'' Irdoxkating Liquor Licensing Act, 1828," in« 9 Geo. 4, c. 61, intituled " An Act to regulate granting of licenses to keepers of inns, alehoc and victualling houses in England," and indi the Acts amending the same :(a) " Wi7ie and Beerhouse Acts^^ means the Wine Beerhouse Act, 1869, 32 & 33 Vict. c. 27, the Wine and Beerhouse Act Amendment . 1870, 33 k 34 Vict. c. 29 ; ^^Intoxicating Liquors Licensing Acts^^ means Intoxicating Liquor Licensing Act, 1828, and Wine and Beerhouse Acts, i.e., 9 Geo. 4, c. 32 & 33 Vict. c. 27 ; 33 & 34 Vict. c. 29. 35 & 36 VICT. c. 94, s. 74. 121 ^^Intoxicating liquor ^^ means spirits, wine, beer, Sect. 74 porter, cider, perry, and sweets, and any fermented distilled, or spirituous liquor, which cannot, accord- ing to any law for the time being in force be legally sold without a license from the Commissioners of Inland Revenue :(J) ^ License " means a license for the siile of intoxicat- ing liquors granted by justices in pursuance of the Intoxicating Liquor Licensing Act, 1828, including a certificate of justices granted under the Wine and Beerhouse Acts, and including a license for the sale of sweets which is hereby authorised to be granted in the same manner as if sweets were wine, and including a license for the retail of spirits granted to a wholesale spirit dealer by the justices in pursuance of this Act :(c) **-4 new license" means a license granted at a general annual licensing meeting in respect of premises not theretofore licensed for the sale of intoxicating liquors : (See also 37 & 38 Vict. c. 49, s. 32.) ^ The renewal of a license " means a license granted at a general annual licensing meeting by way of renewal :(d) ^ ITie transfer of a license " means a transfer made in special sessions in exercise of the power granted to justices by the fourth section of the said Act of the ninth year of the reign of King George the Fourth, chapter sixty-one, intituled "An Act to regulate granting of licenses to keepers of inns, alehouses, and victualling houses in England" :(e) ** Licensed person" means a person holding a license as defined by this Act : K 130 LICENSING ACT, 1872, S. 74. Sect. 74. 'Licensed premises ^^ means premises in respect wliich a license as defined by this Act has granted and is in force : " Unlicensed 2yremises^^ means premises in respect i which a license as defined by this Act has not granted or is not in force : " Owner of licensed premises " means the person the time being entitled to receive, either on own account or as mortgagee or other inc brancer in possession, the rackrent of such mises:(/) '^ Licensing district ^^ means the area for which general annual licensing meeting is held in pi ance of the Intoxicating Liquor Licensing 1828: " Licensing justices " means the justices having ji diction in respect of the grant of new licenses in licensing district under the last-mentioned Act amended by tliis Act i{g) '' Licensing officer ^^ means any oiBScer appointed the Commissioners of Inland Revenue to isane superintend the issue of licenses under this Act any place : " Sale hy retail " in respect of any intoxicating liqi means the sale of that liquor in such quantities is declared to l)e a sale by retail by any Acts ing to the sale of intoxicating liquors iQi) " County " does not include a county of a city or county of a town, but means any county, ri( parts, division, or liberty of a county having separate commission of the peace and a se] court of quarter sessions : 35 & 36 VICT. c. 94, s. 74. 131 * Sarough " means a county of a city, county of a Sect. 74. town, city, municipal borough, cinque port and its ~ liberties, town corporate, or other place in which a general annual licensing meeting is held in pur- suance of the Intoxicating Liquors (Licensing) Act, 1828, exclusive of a petty sessional division of a . comity: iWhere a liberty of a county, as defined by this Act, is not divided into petty sessional divisions, such ; Hberty shaU, so far as respects the provisions of this Act with respect to the grant of new licenses, stand in the same position as if it were a petty sessional division of the county in which it is geographically situate, or with which it has the longest common boundary. " Clerk of the licensing justices " means where the licensing district is a county or petty sessional division of a county, the clerk of the petty sessions for such division ; and where the licensing district is a county of a city, county of a town, city, muni- cipal borough, town corporate, or other place not a county or a petty sessional division of a county, means the clerk to the justices of such county of a city, county of a town, city, borough, town corpo- \ late, or place, or other person performing analo- ^* goos duties to such clerk; and where there are more persons than one, in any county, petty sessional division, or other place filling the office of clerk of the licensing justices as hereinbefore defined, the licensing justices shall determine by vliich of such persons the register of licenses shall hb kept. ^Jbom" means any parliamentary or municipal k2 32 LICENSING ACT, ] 872, s. 74. Bct 74 borough, Improvement Act district^ local gm ment district, or other place having a known b homidary , and wherever two or more of the ah mentioned places occupy portions of the ssniBi ^^ town " shall be taken to mean such one cf i places as is the largest in area ; and any pMl situate in more than one town shall, for ths ] poses of this Act, be deemed to be in snch CM the towns as is the largest in area (see Act^ U s. 32, post) :({) " Local government district " means any area sol to the jurisdiction of a local board constitirid pursuance of the Local Government Act, 1858! " Improvement Act district " means any area for time being subject to the jurisdiction of any fl missioners, trustees, or other persons intnuted any local Act, not being a Turnpike Act or Hi^ Act, with powers of improving, cleansing, or pBI any part of such district : " Court of summary jurisdiction " means any jfli or justices of the peace, metropolitan police mi trate, stipendiary or other magistrate, or ofl by whatever name called, to whom jnrisdictio given by the Act of the session of the elofi and twelfth years of the reign of Her pw Majesty, chapter forty-three, intituled " An Ae facilitate the performance of the duties of ja of the peace out of sessions within England Wales with respect to summary convictioDS orders," in this Act referred to as " The Sunn Jurisdiction Act, 1848," and any Acts ainei the same : ^^ Qiuirter sessions " includes general sessions : cPart here repealed by 46 & 47 Vict o. 89, Sdx 35 & 36 VICT. 0. 94, s. 74. 133 Secretary of State " means one of Her Majesty's Sect. 74 principal Secretaries of State. I The TLBual name given to the Act 9 G^. 4, c. 61, was the 101186 Act, which was a much shorter and more convenient e than that here nsed ; but in legal notices and documents the descriptive name here given should be used. \ Spirits is defined, as to degree of strength, in 23 Vict, c 27, . Beer is defined in 1 Will. 4, c. 64, e. 32 ; 32 & 33 Vict c 27, and see 43 & 44 Vict. c. 20, ss. 2, 40 ; 48 & 49 Vict, c 61, Howorih v. Minns, 51 J. P. 7 ; 56 L. T. 316. Beer includes r, and cider includes perry : 43 & 44 Vict. c. 20, s. 40 ; 32 & 33 . c. 27, s. 2. Sweets is defined in 33 & 34 Vict. c. 29, s. 3; 43 & 44 Vict c. 20, s. 40. It was held that justices were ; in treating British wine as wine, when a chemist proved it contained a larce proportion of alcohol: Harris v. Jenns, B. (n.S.) 162; 30 L. J. M. C. 183; 3 L. T. 408; 9 W. R 36. iZiicenseJ] The word "license" in this Act includes a cate granted under the Wine and Beerhouse Acts. It td have been better to have now discontinued the use of the 1 "certificate" altogether; and it might have been called dtore the justices' license, to distinguish it from the excise it throughout the notes to this Act the word " certificate " been used to prevent mistake. he feet that wine dealers and spirit dealers may sell wines and itB by retail in some cases ^nthout a justices' license has been ntj overlooked in this definition of the word " license." And ttme oversight has been conmiitted in the definition of tond person." ilD0efo.] The definition of license contains the authority to Ito to give licenses for sweets, and these are put on the same Ijbjg as wine. If the sale of sweets is for consumption on the wamB the justices can refuse a new certificate without reasons ; i if the consumption is to be off the premises, then the justices aot refuse the certificate, except on the first three grounds iii in 82 & 33 Vict c. 27, s. 8. See the notes to section 69, iah apply equally to sweets. Though there may be a separate in fir sweets, yet when a wine license is obtained it includes ib as part thereof: 43 & 44 Vict c. 20, s. 40. Kmp license.] This definition has been amended by the Act, 1874, 8. 32, post. 134 LICENSING ACT, 1872, s. 74. Sect. 74. (d) Chrant by way of renewal of license,'] The d Note ^^ ^ ^®^ license has been amended, and is now containei Licensing Act, 1874, section 32. See note to that section. IM' former definition meant the same in eflfect : Marwick v. ^ ' L. E. 9 Q. B. 509; 38 J. P. 518; 43 L. J. M. C. 169; 30 LT. 22 W. R 823. It is to be observed that a renewal of a license or naturally implies two things. 1. That it is the same penon previously held the license or certificate, and who now applM the renewal ; 2. That the premises are the same, or su" the same, in both cases. The phrase "renewal of license' however, sometimes popularly used to denote that a applies for a license or certificate for the same house which other person was previously licensed to use as an alehoM beerhouse, &c. This distinction, though unimportant, when j could either grant or renew licenses without any reasons gji^ will prove to be of considerable importance now that jostioeB n deal very differently with the grant of a new and the renewal an old license. The Alehouse Act, 9 Geo. 4, c. 61, did not explain which oC above meanings belongs to the phrase "renewal of a license.' to the Wine and Beerhouse Acts, the words " renewal of cate " are also left undefined. It is true that as regards the section of the Act, 1869, 32 & 33 Vict c. 27, it may he ti since 33 & 34 Vict. c. 29, s. 7, that the words *< renews! license " means a continuous renewal of the license in respefll the same house, though different persons may have held 1 license since 1st May, 1869. That meaning is the one which be used in applying that 19th section, but it does not follow tiirti is the meaning for other purposes. An alehouse license is onlj ' operation for one year, when it expires by effluxion of time; so is as to a certificate under the Wine and Beerhouse Acts. If the expiration of the license or certificate a new tenant comes i and applies for a license, he must usually apply, not for a reiiew4 but for a new license. It is true that during the currency of As year there may be a transfer or transmission of a license M certificate, in the various circumstances set forth in the Act Ij Geo. 4, c. 61, s. 14, and extended to the Wine and Beerhouse ARMj by 33 & 34 Vict. c. 29, s. 4. If such transferee had held fti; license or certificate up to the expiration thereof, and seeks a^j to renew the license, tins case will come strictly within the ma^ ing of an application by way of renewal An opportunitf ii^ inquiry into the character of the transferee was given under ttl transfer clauses of the Alehouse Act, and since 33 & 34 Ybt a 29, s. 4, also under the Wine and Beerhouse Acts, and it is As same under the Licensing Act, 1872, section 40. And therefore wte 35 & 36 VICT. c. 94, s. 74. 13S . transferee lias acquired the same or equivalent premises, and Sect. 74. BCbI title to the privil^es and duties incident to the holding of jj^JiJiL^ I ucense or certincate which his predecessor held in respect of i same premises, it is a renewal and not a new license or certiti- te which he applies for at the end of the licensing year. Benewah not to a licensed 'person.'] Several instances, nrever, may occur of a renewal being rightly Jisked for, though |b person entitled to ask it has not ac(iiiired by transfer the Ibeiit license. Thus, the Court of Appeal held, in R. v. Lawrence \Lioerpool JJ., 11 Q. B. D. 638; 52 L. J. M. C. 114; 49 L. T. U.)244; 32 W. R 20; 47 J. P. 596, that a new tenant who had ■ered in June, and was in possession at the date of the general tamal licensing meeting in September, might apply for a "license peQatinue," and if he did not so apply, lie may be treated as a Pa "n^ecting to apply," so that any succeetling tenant entering 10th October would be entitled to make an application under €eo. 4, c 61, s. 14 The effect of this decision seems to Ixj that a JBenae to (xmJtinue, though not identical with a renewal, may be Dpiied for by an incoming tenant who is in i)o.ssession at the date I the annual general meeting, for in those circumstances nobody Bt the tenant in possession would be in a position to do any- hu^. Thus, the Court of Appeal seems in some i-esi>ects to have (Bated a renewal as if it were a renewal in respect of the house, ihettier the person applying was the person lioMing the license t not Hence also, where the justices wrongfully refused to BMW P.'s license, though no statutory notice of oppositicm had •ai served, and P. did not appeal, but would not quit the house Duext June, and C, a new tenant, then entered, and at the next nearal annual meeting in September applie«l for a renewal, it is held that this was a competent application : R. v. Marhi ^morth J J,, 51 J. P. 439 ; 57 L. T. 56 ; 35 W. R. 734 ; 56 L. J. La 96. Where (application must he for a iieio licejise.] In all Bwr cases than those mentioned it must be a new license or Btificate, and not a renewal which is applied for. Thus, where Iwnse had been closed for more than a year o^^'ing to difficulties Iwttt mortgages and a tenant absconding, so that there had been htesk in renevidng the license, it was held that, when a new inant applied, he must apply for a new license : Ex parte Tabrath, 9 J. P. 101 ; 31 L. T. (n.s.) 513. So where a holder forfeited his cense in May and nobody applied at the general meeting, but at ^ next again a new tenant applied, it was held that his applica- on must be for a new license : Hargraves v. Dawson, 35 J. P. 342 ; i L T. 428. So where during rebuilding of the premises no 136 LICENSING ACT, 1872, s. 74. Sect. 74. license had been granted for three years, it was held that ti — application must be for a new license : B, v. Cv/rzony L. B. I Note. 4qq. 42 l. J. M. C. 155; 37 J. P. 774; 29 L. T. 32; 81 886. And the same is true whenever a holder of a license ; the same, for the license ceases entirely at the date forfeiture : R. v. West Riding J J., 21 Q. B. D. 368 ; 52 J. ] 57 L. J. M. C. 103 ; 36 W. R. 258. On the other hand, 1 licensed person entitled to take out the usual excise liceni not done so for a year, but intended to do so next year, w required to apply for was not a new license but a renewal, taking out of an excise license does not affect the substance application : &mith v. Hereford JJ., R. v. Srrvith, 42 J. P. 8 L. J. M. C. 38 ; 39 L. T. 604. Swrrumary as to new and renewed licenses.] The therefore, of the various enactments in the Alehouse Act, a Wine and Beerhouse Acts, and this Act, seems to be as foil Where the person applying for a license or certificate has time a license or certificate respectively in force in respect same premises, whether he acquired such license or certifii the previous general annual licensing meeting, or its ad ment, or since that time by virtue of transfer on one groimds specified in 9 Geo. 4, c. 61, s. 14, and 33 & 34 Vict s. 4, or if he has not got a transfer but has entered upon poe under one of the grounds specified in 9 Geo. 4, c 61, s. 14, the general annual meeting or its adjournment, then he is position of one applying for a grant by way of renewal. 1 other persons are in the position of applying for a new lici certificate. WJiere premises enlarged or altered^ if renewal i asked.] In some cases, where the premises have been enlan taking in another house, the justices will treat the applica^ one of renewal if the premises are not materially altered by enlargement : R. v. Smith, 31 J. P. 259 ; 15 L. T. 17a is always a question of degree, and as to the relative extent old premises and the new additions. As a general role, right of an owner, incident to all businesses, to extend his pi from time to time, and the enlarged area is for the time bei I^lace of business: Richards v. Stoanseay 9 Ch. D. 425. louse includes the curtilage or a piece of ground in front : J V. London and Chatham Itailway Company, L. R. 6 Eq. 1( the licensee were to add several houses to one, the jnstia hold that the premises are different, but in general w! smaller or an equal extent has been added, they will righU this as merely an enlargement of the existing premiaes, ai 35 & 36 viOT. c. 94, s. 74. 137" ; premises, and so they will renew the old license, and not S6Ct. 7^ 1 new notices and a new license : i?. v. Raffles^ 1 Q. B. Div. t^TII > J. P. 68; 46 L. J. M. C. 61 ; 34 L. T. 180; 24 W. R 636. ^^^^ nes the justices specify by metes and boundn the exact 3f the licensed premises, and there is notliing irregular in at it is doubtful whether this controls the natural right of snsee to extend his premises : Stringer v. HuddersfieUL JJ,, fkes, 40 J. P. 22; 33 L. T. 568; 24 W. R 141. In one case tices convicted a licensed person for soiling in an extended t Ms premises, holding that the original license did not to air the outhouses, and the couit would not interfere, ^ this as usually a question of fact for the justices alone to line : Mahon v. Gas/cell, 42 J. P. 583. On the other hand, a licensed person had added an adjoining house nearly as IS the original premises, and converted the whole into one premises, and sold liquors in the new part^ and the licensing » treated the next application at the general annual meeting snewal and not as a new grant, the High Court would not ere, treating it as a question of fact for the licensing justices nvely : B. v. Justices of Hants, 44 J. P. 72. ) also notes to 32 & 33 Vict. c. 27, s. 19, post. Transfer of license.] This definition should have in- d section 14 as well as section 4 of 9 Geo. 4, c. 61, for in y they are one section. All licenses and certificates can l)e Ferred under the conditions and circumstances set forth in X 4, c. 61, s. 14, post, and imder some circumstances set forth & 38 Vict c. 49, s. 15. And a temporary transfer can in all cases be obtained at petty sessions under 5 & 6 Vict. c. 44, ) Owner of licensed premises.'] This expression has been er defined in Licensing Act, 1874, section 29. See also sec- S6 of this Act. ) Licensin{i justices.] This expression was used in sec- H, now repealed, and section 43. See another use of it in aing Act, 1874, section 6, and notes, post. ) Sale by retail.] The words " sale by retail " had different Itions in different Acts. This clause seems to import that if lie by retail of beer was defined by the Beerhouse Acts, the definition as to beer will apply to all houses which sell beer r this Act So as to sale of wines, spirits, &c., respectively, it does not mean that "sale by retail" denotes a uniform tity of all intoxicating liquors. See notes to section 3, ante, 138 LICENSING ACT, 1872, S. 75. Note. iSect. 74. {i) Town,'] In fixing the valuation qualification of licensed houses which are to be licensed for the first time^ words used in 3 & 4 Vict. c. 61, s. 1, namely, "any town rate, parish, or place," have been discontinued, and the " town " substituted, with a definition which seems more applied. The Act 3 & 4 Vict. c. 61, s. 1, is now only in fone] to the beerhouses that had certificates for in-door consmnptaoij 10th August, 1872, and for all out-door beerhouses and houses. See section 45 and notes. This word "town" as the Beerhouse Acts must be taken according to the definitkftl those Acts and not of this Act. And this definition of the town is repealed by the Licensing Act, 1874, section 33, |NM^i another definition substituted by the same Act, section 32, ffepea/. 75. Repeal of Acts mentioned in the Si sche&ule.^ (Part here repealed by 46 & 47 Vict. c. Sched.) Provided also, that in the case of persons inl to apply for billiard licenses under the Act of the and ninth years of the reign of Her present Maj« chapter one hundred and nine, intituled " An Ack amend the law concerning games and wagers," or the transfer of such licenses, the same notices shaD given as are by this Act required in the case of lie as defined by this Act, or as near thereto as stances admit ; and any person convicted of an against the tenor of a billiard license, or of any declared by the last-mentioned Act to be an against the tenor of a license as defined by this shall be punished under this Act in the same in all respects as a hcensed person within the m< of this Act is punishable under this Act for si any gaming or any unlawful game to be carried on his premises ; and in construing the last-mentioned Aoti any reference to the Intoxicating Liquor IdcensiiigA^^ 35 & 36 VICT. c. 94, s. 75. 139 Billiard Licenses, Sect 75. lall be construed to refer to that Act as amended A.ct. held that the various new oflfences and penalties took the passing of this Act on all the current licenses, and J were not saved from the operation of the Act by sub- : Jones v Goopery 37 J. P. 613 ; 28 L. T. (n.s.) 496 ; 21 2. rd licenses.] The Act 8 & 9 Vict. c. 109, s. 10, provided ike notices should be given for application for billiard IS in case of alehouse licenses. The billiard license t)illiard tables and bagatelle boards, or instruments used ime of a like kind. The same section of 8 & 9 Vict. Iso enacted that transfers of billiard licenses may be at the same transfer sessions as public-house licenses, jr 9 Qeo, 4, c. 61, ss. 4, 14. The duration of the billiard i also the same, those in Middlesex and Surrey ending on , and elsewhere on 10th October. The fees payable by are 5s. for the clerk to the justices, and Is. for services of The penalty for demanding or receiving more than fees is 61. bove 75th section of the Licensing Act, 1872, thus 3 billiard licenses the same notices as for public-house Therefore, for new grants and transfers the notices are jcified in 32 & 33 Vict. c. 27, s. 7, post^ and this Act, 1872, s. 40, ante, p. 71. There is no notice required als. stices have the same absolute discretion as to granting or i billiard license as in the case of public -house licenses, jceo. 4, c. 61, s. 1, post. is no appeal against a refusal to grant a billiard license : mMre JJ.y 21 J. P. 773; £x parte Chamberlairiy 8 E & B. ense prohibits the consumption of excisable liquors on ises, and beer is not now an excisable liquor : Jones v. r, L. R 3 Q. B. 541 ; 22 L. T. (n.s.) 535 ; 39 L. J. M. C. J. P. 663 ; 18 W. R. 1197. And the same meaning >le liquor is preserved in the Inland Revenue Act, 1880, ^ict. c. 20, s. 47, post. of the billiard license.] At the general annual meeting [or an adjournment of the general annual meeting, or at a special petty session] of Her Majesty's 140 LICENSING ACT, 1872, s. 75. Sect. 75. Billiard Licenses. Note, justices of the peace acting for the division [or liberty, dse^ i case may he] of , in the county of , holden at — the day of , in the year , for the puipose of gn hilliard licenses, we, being of Her Majesty's justices peace acting for the said county [or liberty, cfcc, as Ae com Mi and being the majority of those assembled at the said seano hereby authorise and empower A. L., now dwelling at — the parish of , to keep a house for public billiud phQfi [here specify the house], provided that he [or she] put and Idh the words " licensed for billiards," legibly printed in some spicuous place near the door and on the outside of the said ]| and do not wilfully or knowingly permit drunkenness or i disorderly conduct in the said house, and do not knowing/ i the consumption of excisable liquors therein by the pe resorting thereto, and not knowingly suffer any unlawfol g therein, and do not knowingly suffer peraons of notoriouBlj character to assemble and meet together therein, and do not the said house for play, or allow any play therein after OM before eight of the clock in the morning, or keep it open or J any play therein on Sundays, Christmas Day, or Good Pridi on any day appointed for a public fast or thanksgiving^ b maintain good order and rule therein : And this license uuJl tinue in force from the day of next, until the — • of then next following, and no longer. Given under our hands and seals on the day and at the first written : 8 & 9 Vict. c. 109, Sched. Keeping billiard table, dc, without license,] Eveijl room, or place kept for public billiard playing, or where • \ billiard table or bagatelle board, or instrument used in any of the like kind, is kept at which persons are admitted to (except in houses or premises specified in any license p under 9 Geo. 4, c. 61, hereinafter called a victualler's 1m shall be licensed under this Act ; and every person keepinj such public billiard table or bagatelle boara, or instrament in any game of the like kind for public use, without beinff licensed 60 to do, and not holding a victusdler's license K house or premises where such buliard table, bagatelle bo« other in4rument aa aforesaid is kept or used, — and also every i licensed under this Act, who shall not during the continual such biUiard license put and keep up the words ^Uum billiardsy" legibly printed in some conspicuous place near tiu on the outside of the house specified in the license, — shall be to be proceeded against as the keeper of a common gaming^ and beside any penalty or punishment to which he maybe 35 & 36 VICT, c- 94, s. 75. 14 Billiard Licenses. Sect. 75 Lvicted of keeping a common gaming-house, shallf on con- Notbl of keeping such unlicensed billiard table, )>agatelle board, instroment as aforesaid, by his own confe:$sion, or by the of one or more credible witnesses, before any police niagis- j or any two justices of the peace, be liable to pay such penalty, more than 10/. for every day on which such billiaiu table, ~le board, or instrument as aloresaid shall be used, as shall by the magistrate or justices before whom he shall be or, in the discretion of the magistrate or justices, may ^wmmitted to the house of correction, with or without hard for any time not more than one calendar month ; but no who shall have been summarily convicted of an^ snch shall be liable to be further procee<led against by indict- £ar the same offence : 8 & 9 Vict. c. 109, s. 11. Offences against the tenor of billiard license.] By 8 & 9 c. 109, 8. 12, and the 75th section of the Licensing Act, 1872, person licensed under this Act, who shall be convicted, a police magistrate or two justices acting in and for the Q or place in which shall be situated the house kept, or fore Kept by such person, of any offence against the tenor ftiie license to him granted, shall be liable to the same penalties pmiishnients [as if he were a licensed person convicted under Licensing Act, 1872, section 17]. See notes to Act, 1872, 17, ante, p. 36. Constable to visit licensed billiard houses.] And it shall lawful for all constables and officers of police to enter into house, room, or place where any public table or board is kept playing at billianls, ba^telle, or any game of the like kind, and so often as sucn constables and officers shall think ; and every person licensed under 9 Geo. 4, c. 61, or this who shall refuse to admit, or who shall not admit, any such ibleor officer of police into such house, room, or place, shall, conviction thereof before a police im^istrate, or any two jus- of the peace, be deemed guilty of an offence against the of his license, whether the same be a billiard license or a ^Vktoaller's license : 8 & 9 Vict c. 109, s. 14. Esters of billiard tables not to allow play at certain ^KHM'—penalty,] Every person keeping any public billiard tdda or Dagatelie board, or instrument us^ in any game of the IQdb kind, whether he be the holder of a victualler's license or Itemed under this Act, who shall allow any person to play at mh table, board, or instrument, al'ter one or before eight o'clock ,0^ 142 LICENSING ACT, 1872, s. 75. Sect. 75. Billiard Licenses. Note, in the morning of any day, or at any time on Sunday, Day, or Good Friday, or any day appointed to be kept as •; fast or thanksgiving ; and every person holding a vie license who shall allow any person to play at sudi table, or instrument kept on the premises specified in such vie license, at any time when such premises are not by law to be open for the sale of wine, spirits, or beer, or other fe or distilled liquors, shall be liable to the penalties herein] in the case of persons keeping such public billiard table, I board, or instrument as aforesaid for public use witibout and during those times when play at such table, board, or ii ment is not allowed by this Act, every house licensed this Act, and every billiard room in every house specified ini victualler's license, shall be closed, and the keeping of the open or allowing any person to play therein or tnereat, at ai^ the times or on any of the days during which such play ui allowed by this Act, shall be deemed in such case an against the tenor of the license of the person so offending : 8 ( Tact. c. 109, s. 13. It has been held that this section applies only to holding publicans' licenses under 9 Geo. 4, c. 61, and not to house keepers : Bent v. Lister, 52 J. P. 389. It has been held that persons staying as lodgers in lie premises where there is a billiard table cannot Lawfully plqri billiards after the hours of closing the licensed premises mt of liquor, though they are entitled to be supplied with liquor i such hours, and the landlord may be convicted of allowing gamngj if he allow them at such hours to play at billiards : Ovmdm ^' Baymond, 40 J. P. 727 ; 34 L. T. 698. Appeal by billiard license holder against convictkmt] Any person who shall be summarily convicted under thiaAflt may appeal to the next general or quarter sessions of the pean [part here repealed by 47 & 48 Vict. c. 43, Schei.] ; and it ddl be lawful for the magistrate or justices by whom such convietioft shall have been made to bind over the witnesses who shall ban been examined, in sufiicient recognizances, to attend and bt examined at the hearing of such appeal ; and that every such witMS on producing a certificate of being so bound, under the himd of the said magistrate or justices, shall be allowed compensation lor his or her time, trouble, and expenses in attending the iqpp>4 which compensation shall be paid in the first instance bjr tbi treasurer of the county or place, in like manner as in caaei of misdemeanour, imder tne provisions of 7 Gea 4, c. 64 ; andinctfi the appeal shall be dismissed, and the order of conviction afflffT**^ 35 & 36 VICT. 0. 94, s. 82. 143 i xeasonable expenses of all sach witnesses attending as afore- 86Ct. 75. to be ascertained by the courts shall be repaid to the said ^"^^ tirer by the appellant : 8 & 9 Vict, c 109, s. 20. ^""^^^ r procedure as to appeal see Licensing Act, 1872, section 52, p. 102, and notes. Jication of certain of the preceding Provisions of this Act to Ireland. '6. Mode of reference to particular provisions Acts.'\ A reference to the words forming a heading [my of the provisions of this Act shall be deemed to a reference to all the provisions under such heading, otherwise specially provided. 77. Application to Ireland of ceiiain pro^ of Actj with inodificationsJ] 78. Closing of premises in Ireland at certain ^s on 'Sunday^ Christmas Daijy Qood Fnday, 79. Becoveoij and' application of penalties in ind.'] 80. Bepeal of section 4ofS4i^ 35 Vict. c. 88.] ^(ded by 46 & 47 Vict. c. 39, Sched.) 81. Interpretation of " spiHt grocer ^^^ " excise je," SfC.y OjS applying to Ireland.^ 82. No renewal of license to he granted to 9fmt grocers in Ireland without certificate of ju^icesJ] 144 LICENSING ACT, 1872, s, 90. Sect^83. 33. Penalty on spirit grocer in Irelcmd liquor drunk on or nea/r to the premises.^ 34. Penalty on evasion of law OjS to drivik on premises of spirit grocer in Ireland.^ 3 5 . Penalty on inteiMal communication betm premises of spirit grocer and hawse ofjmblic rm in Ireland.^ 36. Limitation of hours during which qi grocers may sell intoxicating liquors in IreUmdi 37. Justices and constables may enter prem of spirit grocer in Ireland dwring prcMbA hour S.I 88. Provisions as to repeated convidumi apply to spirit grocers in Ireland, ^c] 89. Application of provisions a^s to Ui proceedings, penalties, Sfc, in Ireland^ 90. No license to he granted to diaqtudifi person or for disqualified premises in Ireland*] 35 & 36 viOT. c. 94, sohed. 145 SCHEDULES to wiiicli this Act refers. Sched. FIKST SCHEDULR {BepedUd by Licensing Act, 1874, section 33.) SECOND SCHEDULE. ItToTB. — ^This schedule was repealed by 46 & 47 Vict c 39, lidL, but is here retained for convenient reference. Each tote and the extent of its repeal is mentioned in the text effect of the repeal was, that it did not revive anything not at the date oi the repeal, so that the schedule as it stood a record of the existing law, and shows how the previous were dealt with. See 46 & 47 Vict. c. 39, s. 1.] James 1, c. 7 : So much as is unrepealed. tOeo. 4, c. 61 : Section 6 ; section 10 ; section 11 ; so much tion 13 as relates to the form of license ; sections 18 and 19; Hkm. 20 ; section 21 ; section 22 ; section 23 ; section 25 ; ition 26 ; also section 27 ; section 28 ; section 29, except in so las the three last-mentioned sections relate to the renewal of pues or to the trcmsfer of licenses under sections 4 and 14 the same Act ; also sedition 31 ; section 32 ; section 33 ; I&ni34 U Geo. 4 & 1 WilL 4, c 64 : Section 6 ; section 11 ; section ^ section 13 ; section 15 ; section 16 ; section 17 ; section 18 ; ikxi 19 ; section 20 ; section 21 ; section 22 ; section 25 ; |km 26 ; section 27 ; so much of section 30 as incorporates or Sta. any repealed enactment I & 5 WilL 4, c. 86 : Section 4 ; section 7 ; section 10; fnmdi of section 11 as incorporates or applies any repealed Mnent ; section 18 ; section 22. ^& 3 Vict. c. 47 : Section 41, from "and in the case of any Nee* to end of section; section 42 ; section 43. I&4 Vict. c. 61 : Section 10 ; section 13 ; section 15 ; section y* section 17 ; section 19 ; also so much of section 21 as in- *«powte8 or appHes any repealed enactment 11 & 12 Vict, c 49 : The whole Act so far as it relates to 18 k 19 Vict c. 118 : The whole Act 146 LICENSING ACT, 1872, SOHBD, Sched. . 23 & 24 Vict. c. 27 : Section 5 ; section 17 ; sectioii i section 26 ; section 27 ; section 28 ; section 29 ; section 31 ; I sections 18, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, and 42, sofii such sections relate to the sale of intoxicating liquors of I offences connected therewith ; also section 39 ; section 40. 23 & 24 Vict. c. 113 : Section 41. 27 &' 28 Vict. c. 64 : The whole Act, except in so £u ai relates to refreshment houses in which intoxicating liqooD I not sold. 28 & 29 Vict. c. 77 : The whole Act, except in so faff tfj relates to refreshment houses in which intoxicating HqiKil| not sold. 32 & 33 Vict. c. 27 : So much of section 6 as relates to form of certificate ; section 12 ; section 13; section 14; section 16 ; section 17 ; section 18 ; so much of sectioii relates to offences ; section 22. 33 & 34 Vict. c. 29 : Section 5 ; section 6 ; section 7, "the second and third provisoes" to the end of section 8 ; section 9 ; section 12 ; section 13 ; aectUMi section 17. 34 & 35 Vict. c. 88 : The whole Act 37 & 38 VICT, c. 49, s. 2- 147 LICENSING ACT, 1874. 37 & 38 Vict. Cap. 49. ACT to amend the Laws relating to the Sale and Consumption of Intoxicating Liquors, [30th July, 1874.] USAS it is expedient to amend the Licensing Act, \j in this Act referred to as the principal Act: it enacted by the Queen's most excellent Majesty, and with the advice and consent of the Lords and temporal, and Commons, in this present lent assembled, and by the authority of the same, >llows : — Preliminary, Jl. Construction and short title of Act^ 35 ^ 36 Sect. 1. L C. 94.] This Act and the principal Act shall, so as is consistent with the respective tenors of such be construed as one Act, and may be cited together The Licensing Acts, 1872-1874 ;" but this Act may , iry, be cited separately as " The Licensing Act, J? 2. Commencement of Act."] This Act shall come operation as to the provisions relating to hours of (not being provisions relating to the grant of r-closing licenses), on the tenth of October one id eight hundred and seventy-four, and not 2 L 148 LICENSING ACT, 1874, s. 3. Sect. 2, before, and as to the remainder, immediately on passing of this Act. - (Some words repealed by 46 & 47 Vict. c. 39, Sched., and 1 omitted.) Hours of Closing. 3. Hour of closing premises licensed for 9i of intoxicating liquor s,~\ All premises in which inio eating liquors are sold by retail shall be closed asl lows (that is to say,) (1) If situate within the metropoKtan district — (a) On Saturday night from midnight until I o'clock in the afternoon on the foUovi Sunday ; and (b) On Sunday night from eleven o'clock untfl I o'clock on the following morning ; and (c) On all other days from half-an-hour after flj night until five o'clock on the same morai^ and (2) If situate beyond the metropolitan district tali the metropolitan police district or in a toiti in a populous place as defined by this Act; (a) On Saturday night from eleven o'clock untillll an-hour after noon on the following SiBdhl and (6) On Sunday night from ten o'clock m&i o'clock on the following morning ; and (c) On the nights of all other days from abW o'clock until six o'clock on the following W0 ing ; and (3) If situate elsewhere than in the metropolitaBli trict or the metropoUtan police district tffll tovm or populous place as aforesaid, — 37 & 38 viOT. 0. 49, s. 3. 149 (a) On Saturday night from ten o'clock until half- Sect* 3. an-hoor after noon on the following Sunday ; "~ and (6) On Sunday night from ten o'clock until six o'clock on the foUowing morning ; and i (e) On the nights of all other days from ten o'clock b until six o'clock on the following morning. h. premises wherever situate shall, save as herein- mentioned, he closed on Sunday afternoon from or half-past two according as the hour of opening be one o'clock in the afternoon or half-an-hour noon until six o'clock. tBuch premises wherever situate shall be closed on las Day and Good Friday, and on the days pre- Christmas Day and Good Friday respectively, as Christmas Day and Good Friday were respectively ly, and the preceding days were respectively ly, but this provision shall not alter the hours ig which such premises shall be closed on Sunday Christmas Day immediately precedes or succeeds flBie ** metropolitan district " is defined by section 32 and the Mdnle, post, " Town " and " populous place " are ako defined wtion 32, post. Under the repealed 24th section of the Act, 1872, the justices ll of the metropolitan district could vary the hours very con- lenMy both on Sundays and week-days, but under this enact- tok the hours are fixed both in the metropolitan district and It olil^ except that by the 6th section the justices can, in extra- ■taopoJitan districts, turn the period of closing between half-past ^md half -past 2 into the period between 1 p.m. and 3 p.m. If €jr do not vary the hours then this 3rd section fixes the period Kolntely for the extra-metropolitan districts as between half- •fc 12 PJC. and half-past 2 p.m. See section 6 and notes, post tterefore the justices do nothing under section 6 the hours feudn as fixed by this section. Aft icgards Christmas Day and Good Friday, the day preceding dl is to be deemed a Saturday, and therefore in the metropol^ 150 LICENSING ACT, 1874, s. 3. Sect. 3. Closing Hours. Note, the houses must be closed on the preceding night at in extra-metropolitan districts at 11 p.m. and 10 P.M. the population. Grocers' premises,] Where premises are kept for ferent purposes, as, for example, where a house is subdii ' two parts, one for selling liquors and the other for at the closing hour for liquors the part used for selling c]osed by shutters, and all communication with the gro( is cut off, no offence is committed by continuing to seU and other articles in the other part of the premises a grocer's shop is kept open merely as a bli^d for the other as to which last matter of fact it will *be for justices to Brigden v. Heighes, 1 Q. B. D. 330 ; 40 J. P. 661 ; 45 L. J. 58 ; 34 L. T. 242 ; 24 W. R. 272 ; Ex parte JoyrU, 38 J. P. So where the large wooden case in which all the liqaoa^ kept was shut up and locked : Tassell v. Ovenderiy 2 Q. B. D. : 41 J. P. 710 ; 46 L. J. M. C. 228 ; 36 L. T. 696 ; 25 W. R Where sold only under excise license,'] Where spirits are sold under an excise retail license, though no ji license may be required and is not taken out, these no closing equally apply : Martin v. Barker , 50 L. J. M. C. 101 J- L. T. (n.S.) 214 ; 45 J. P. 749. Local customs.] There can be no such thin^ as t li custom, as, for example, Mid-Lent Sunday, dispensing wi4 1 prohibitions here laid down : Stacy v. MUne, 39 J. P. 103L Six-day licenses.] The case of the six-day licensed iM has been entirely forgotten in this section. Nothing will expressly in the Act, 1872, section 49, as to how these tal were to be situated as to Christmas Day and Ckxxl Fridiy;! as to Sunday these houses were to be closed the whole day. " section says that premises wherever situated shall be wd Christmas Day and Good Friday as if these days were Soli and they cannot be treated as Sunday unless these siz-dif] mises are closed the whole day. The legislature probabljli to provide for the six-day houses, and the question is whit ■ result of the enactments. If this section is confined to the •• day houses, then there will be no enactment reqainng Ai day houses to close on Christmas Day or Qood Friday tni'l than week davs. If this section had said. " as if Chzistmii and Good Friday were respectively Sunday (u above dttfi then it would have made the six-day Christmas Di^andC Friday the same as the seven-day Chiistmas Di^ and ( 37 & 38 VICT. c. -to, s. :). U Closing Hours. Sect J r. There being, however, no such wdtiIs a3 " its iU/oiui Note led," and nothing to limit the general won Is ^' shall bu closi'il ZShxistanas Day and Crood Friday were Sun<lay," it st^eiiid to 7 that the siz-day houses must be clrtsud tlie wh(»lo r>f (tmas Day and Good Friday, the same as on Sunday. NevtT- 8BL owing to the apparent nardship, it* it be a lianlship, or at tne oversight, justices may fairly \\<q their discTi.*ti«»n iis to they will treat this enactment as re;,'ar<.ls the six -day houses, may Tefnse to convict, thereby leavin;^ it to those iuterrsttd Ite the opinion of the High Court. VeUh Sunday Act] Under the JVdsh Sumhuj Ad, 44 & 45 L c 61, post, it has been held tliat tliiit Act di«i not interfere 1 the previous law as to Cliristnias Day or Gootl Friday, what- t that may be, but only dealt with Sunday : Fursdike v. Col- vwn, 11 Q. B. D. 71 ; 49 L. T. 136 ; 47 J. P. 31)3. Jcmputation of time,] Formerly the justices were not bound bUow Greenwich time, but followed the moilium tiiue ot the ce, as in Curtis v. MarsJi, 3 H. & X. 8G6 ; ^3 J. P. 0G3 ; 28 J. M. C. 36. But now, whenever any expression of time QiB in any Act of Parliament, deed, or other le;,'al iustrumenl, less it is otherwise specifically stated, this shall mean in Great ■tain Greenwich time : 43 & 44 Vict. c. 9, s. 1. Sunday piiblic entertainments.] A house, room, or other ce which shall be opened or used for public entertainment, or Qsement, or for publicly debating on any subject whatsoever an any part of the Lord's Day, calle<l Sunday, and to which ?Bons shall be admitted by the payment of money or by tickets d for money, shall be deemed a disorderly house or place, and I keeper, &c., shall forfeit 200Z. for every day so opened or used mch person as shall sue for the same ; an<l the i>erson managing conducting, &c., shall forfeit 100^., and every doorkeepei-, Tsnt, &C., shall forfeit 50^. : 21 Geo. 3, c. 49, s. 1. Any per- i behaving as master, mistress, or manager, shall l^e deemed > keeper, though not the real owner, and each of several joint ners shall be deemed the keeper. And any house, room, or ice where tea, coffee, or other refreshment of eating or drinking the Lord's Day at any greater prices than the usual prices on vex days shall be deemed a house, &c, to which persons are mitted on payment of money, though no money is taken for ooittanee : Ibid, s. 2. Persons advertising such places are also Ida to 50L penalty : Ibid, s. 3. Actions for penalties to be inght within six months : Ibid. a. 5. Wheire only sacred music is perform^ the place is not subject to 152 LICENSING ACT, 1874, s. 5. Sect. 3. this Act : Ba^cter v. Langky, L. R. 4 C. P. 21 ; 38 L. J. ILC ,j~ 32 J. P. 805. But an aquarium, where a biass band pkreB ^^'^* is within the Act : Terry y, Brigktm Aqucnivm, L. R. 10(J.B» 89 J. P. 519 : 44 L. J. M. C. IVS; 32 L. T. 458; Wm Brighton Aquarium^ L. B. 10 Ex. 291. A verdict in an adk a fnendlv informer cannot be set up as a defence : G^tnBflto Brighton Aquarimn^ 4 Ex. D. 107 ; 43 J. P. 428. The Crown may remit the whole or any part of thepfl inciurcd under this Act : 38 & 39 Vict, c 80, & 1. 4, E;tem})tio)is as to theatres repealed. exemption from the above-mentioned hours of d shall not be granted in respect of premises in the n bourhooil of a theatre, for the accommodation of pe attending the same. (Part of this section repeah 46 & 47 Viet. e. 39, Sched.) The words in the 26th section of the Licensing Act, 187S p. 50, hereby repetUed, have been altered in that section i way pointed out by this section. See notes to that section p. 52. 5. Exemptims as to beerhouses.^ The gra an order of exemption under the said twenty-sixtt tion amended as aforesaid may be made to any p licensed to sell beer or cider by retail, to be cons upon the premises, as well as to any licensed vict or licensed keeper of a refreshment house. Fmiher exemptions as to beerhouses.^ The of a Ucense under the twenty-ninth section of the cipal Act may be made to any person licensed t beer or cider by retail, to be consumed upon thi mises, as well as to any Ucensed victualler or kee a refreshment house in which intoxicating liquoi sold. The 26th and 29th sections of the Licensing; Act, 18T pp. 50, 55, have been altered in the way pointed out I section. See the notes to those sections. 37 & 38 VICT. c. 49, s. 6. 16* Wer to vary on Sunday afternoon hours Sect 6,. g premises for sale of intoxicating liquors.^ (tanding anything in this or in any local Act I, the licensing justices may, if they think fit, 5ts premises in which intoxicating liquors are m situate in any place beyond the metropolitan ?br the purpose of acconunodating the hours of ►n Sunday, Good Friday, and Christmas Day ours of pubUc worship in such place, by order it such premises shall remain closed until one n the ajpternoon instead of half-an-hour after 1 in that case such premises shall be closed in •noon from three until six o'clock, instead of F-past two until six o'clock. rder made by the Ucensing justices under this hall not come into operation until the expira- ►ne month after the date thereof, and shall be id in such manner as the Ucensing justices id shall be in force until the same is revoked ; use of any such advertisement may be defrayed manner as the expenses of advertising the )f such justices are defrayed. ition gives a discretion to the licensing justices to alter, t-hour, the closing of premises on one part of Sunday, Day, and Good Friday, but not on public fasts or ing days. The discretion can only be exercised in one 3ly, by turning half-past 12 p.m. into 1 p.m. No inter- ime can be fixed on ; it must be 1 p.m. or nothing. LO necessity for saying in the order that the houses shall P.M., for tnat will follow as a matter of course both b^ and this section. The purpose of altering the hours is be for accommodating the hours of closing to the hours worship, but that is a vague phrase and cannot be ) limit tne discretion of the justices. held that where a penalty was formerly put on opening e hours of divine service, there could be no conviction it 154 LICEXSIXG ACT, 1 874, s. 6. Sect. 6. there was no divine service : B. v. Knapp, 2 K & B. 447; ttl Note 31 C. 139 ; 17 J. P. 599. But under this and the 3rd sectki ' peoudtj is put on opening during fixed horns subject to tiie tii variations made in this section. How order is to be made.] In the corresponding emeb in the 24th section of the Act, 1872, now repealed, the ji could only make an order altering the hours for closmg i general annual licensing meeting or an adjournment, aid giving twenty-one days' notice, but nothing is said in this M either as to the giving of any preliminary notice or as to die of making the order. This gives rise to a difficulty. As no is specified, the natural interpretation is that the jastioei make the order at any time and are not bound to give any | notice. As, however, it is left to the discretion of the ji they will no doubt exercise that discretion much in thi manner as they did under the Act of 1872, by giving km liminary notice, and also hearing parties on the suhjectif desire it. Probably the legislature thought the power of all was so trifling in extent that it was not necessary to present conditions, more especially as the time of public woirf usually fixed in each locality, and therefore it is rather a i of arithmetic in each case than of public policy. And asthi of public worship may vary in each district, it seems com] for the justices to alter the hours in one part of the distrii not in another part. When the order is made it is not to into force till the expiration of one month after the date, better opinion seemed to be that they could not make si order before the 10th October, 1874. Month means ct month : 13 Vict. c. 21, s. 14. And the justices have no discretion as to when the ordc come into force. The mode of advertising the order is discretion of the justices, but should be such as to give notice to all the people in the district affected. Who are licensing justices,] The order altering the • hours can only be made by the licensing justices, who, 74th section of the Licensing Act, 1872, are "the justices jurisdiction in respect of the grant of new licenses in a lie district, under 9 &eo. 4, c. 61, as amended by this Act" is some ambiguity in this definition, since the justices now with regard to new licenses are divided into two bxxiies, whom must join in every new grant. But the better const is, that the justices who ai*e to make the order to vary the are not the confirming body, but the body who initiate th( The confirming body nave no jurisdiction to initiate a new 37 & 38 VICT. c. 49, s. 7. 165 et can only veto or assent to a new grant already Sect. 6. id hence have no more jurisdiction in respect of new ■— the High Court might have in some cases when, by -'^O'^- * TTumdamus^ that court may treat a new grant as no he confirming justices are not licensing justices, then, the county justices are the justices to make the order. ) having ten justices it is the borough licensing com- in boroughs with less than ten justices it is the tices who alone can make the oi*der. This construe- to follow from the words " new j^ant," and the last le above definition of licensinp^ lustices, namely, " as ' this Act." If these words had been omitted from )n then in £dl cases it would have been the whole body But as the Act of 9 Geo. 4, c. 61, is to 1>e taken as e,y by turning the whole body into a more limited oughs having ten justices, this implies the distinction and the Licensing Act, 1872, section 43, and this Act, confirm it. Though, however, this seems to be the itruction, yet the law officers of the Crown, in 1873, have given their opinion that "licensing justices" ^hole body of justices in all cases. See 37 J. P. 639. vrly closing licenses.^ Where, on the occa- application for a new license, or the removal 1 of a license which authorises the sale of any ig liquor for consumption on the premises, jant applies to the licensing justices to insert use a condition that he shall close the premises of which such license is or is to be granted earlier at night than that at which such pre- dd otherwise have to be closed, the justices t the said condition in such license. ler of a license in which such condition is m this Act referred to as an earli/ closing eJI close his premises at night one hour earlier ordinary hour at which such premises would mder the provisions of this Act, and the pro- this Act and the principal Act shall apply to 56 LICENSING ACT, 1874, s. 8. Sect. 7. the premises as if such earlier hour were tihe hoar which the premises are required to be closed. The holder of an early closing license may oU from the Commissioners of Inland Revenue any Hoi granted by such commissioners which he is entitle obtain in pursuance of such early closing license, ii payment of a sum representing six-sevenths of the ( which would otherwise be payable by him for a sifl license not limited to such early closing as aforei In calculating the six-sevenths, fractions of a pi shall be disregarded. The notice which a licensed person is requirec section eleven of the principal Act to keep painte fixed on his premises shaU, in the case of an i closing Ucense, contain such words as the liceii justices may order for giving notice to the public an early closing license has been granted in reepe such premises. This section is an imitation of the 49th section of the Act, 1872, as to six- day licenses, though the words are f^ altered. The application cannot be refused by the jnstioa they have only power to grant it on an application for a nei renewal of an old license, and cannot grant it on a transfer * license as can he done with reference to a six-day licenfie. This section, as well as the 49th section of the Act, U founded on the mistaken notion that a license holder cannot his premises at any hour he thinks proper, and all the lei on that subject in the notes in section 49 of the Act, 187S p. 89, apply to this section. As, however, the courts have decided that when once a 1 holder has asked for the six-day condition to be ineeita justices can never after>vards be bound to omit the condit requested, on future renewals, the same rule will apply to closing licenses : R. v. Crewkerne J J., 21 Q. B. D. 85 ; 62 J. I 61 L. J. M. C. 127; 60 L. T. 84; 36 W. R. 629. 8. Remission of duty in case of six^y early closing liceui<e.^ A person who takes < 37 & 38 VICT. c. 49, s. 9. 153 anse containing conditions rendering such license a Sect 8. -day license^ as well as an early closing license, kU be entitled to a remission of two-sevendis of the by. Che dutieB upon retailing liquors are now regulated by the and Bevenue Act, 43 & 44 Vict. c. 20, s. 43, post O. Penalty for infringing Act as to hov/rs of ^Svng.'\ Any person who — During the time at which promises for the sale of intoxicating liquors are directed to he closed by or in pursuance of this Act, sells or exposes for sale in such premises any intoxicating liquor, or opens or keeps open such premises for the sale of intoxi- cating Uquors, or allows any intoxicating liquors, although purchased before the hours of closing, to be consumed in the premises,— all, for the first offence, be liable to a penalty not oeeding ten pounds, and for any subsequent offenct^, a penalty not exceeding twenty pounds. TboB enactment overrules all local customs : Stacy v. Milnsj 39 P. 103. Tliis aection is in substantially the same words as those used in h 84th section of the Licensing Act, 1872, now repealed, except rt tihe words are introduced, " although purchased before the of closing." Wben the liquor is purchased before the of closing, but not to be consumed on the premises, there to be no offence, and customers may call for liquor after Ming hoars, if previously nurchased. ^ ^ The offence oi selling during prohibited hours is different from at of keeping open the premises for the sale of liquor during eh hours, and the evidence which might be sufficient to prove e offence, may be insufficient to prove the other. Great care tlieiefoie required in selecting the proper clause under which to oeeed. A keeper of a licensed house was not precluded by e fonner Acts from having friends as guests during the pro- bited hours, and supplying them was neither selling nor keeping .68 LICENSING ACT, 1874, s. 9. Sect. 9. open the house for sale : Overton v. Hunter, 23 J. P. 808 ; 1 1 — 360. But under this section the consumption of liquor racni NOTE, purchased is not to be consumed on the premises aJter tlie di hour —at least in all cases as between an ordinary cnstQiHl the license holder. A gift of liquor diiring those homi gift be clearly establish^, was, however, formerly not held t within the penalty : Fetherick v. Sargent, 26 J. r. 136 ; 6) 48. And this exception is now expressly recognised andeih by the 30th section of this Act But a barter may he tnit in the nature of a sale in many cases. See Act, 1872, sedM ante, p. 11 5. In ascertaining the hour, the j ustices were not boi follow Greenwich time : Curtis y. Marsh, 23 J. P. 663 ; 3tt 365 ; 28 L. J. Exch. 36. But now Greenwich time is meo all statutes and deeds in Great Britain, if not stated to the trary : 43 & 44 Vict, c. 9. A conviction should state d which offence is found, as this may affect future consequenet proceedings against the licensed person. See Neumam t. shye, 10 A. & E. 11 ; 2 P. & D. 340. Selling or keejping open.] The following cases illusttt distinction between selling and keeping open : — In Tennant v. Cwmherland, 1 E. & E. 401 ; 23 J. P. 67; beerhouse keeper, was charged with opening his house ft sale of beer before a certain hour on Sunday. The evideiM that the door was shut at twelve on Saturday night, hat two on Sunday morning a constable saw the beerhooee 1 and another man drinking ale inside, and soon afterwan man came out. There was no proof of selling beer, an Court of Queen's Bench held there was no e^^dence of die < of keeping open his house, though there was some of sellin during the time. In Gates v. S(mih, 23 J. P. 739 ; IL. T. 9 alehouse keeper was charged with keeping open the house i of spirits during the prohibited hours. The only evideiK that guests remained in the house after the hour of dotii there was no selling of liquor after the hour of closing. Th< held there was no evidence of keeping open, and that an al keeper was not boimd to turn his guests out when the dock twelve. In Pearse v. Gill, 41 J. P. 742, some country fanm met to transact business as to letting some grass field remained after the hours of closing, the outer door being and the court held there was evidence to support a convid keeping open. In Thompson v. Greig, 34 J. P. 214, an al keeper was charged with opening his house in prohibited The door was kept partly open. During the prohibited some men were found inside with glasses before them and and the court held that this was some evidence to rapp 37 & 38 vioT. c. 49, s. 10. 15» In Jefferson v. Richardson, 35 J. P. 4*70, an alehouse Sect. 9. was charged with opening and keeping open on Sunday. ^^ "ere seen to come out of a side door, thougn the front door Lnt, but there was no evidence that liquor had been sold : prohibited hours. It was held there was no evidence to t the charge. In Brewer v. Shepherd, 36 J. P. 373, a beer- keeper was charged with keeping his house open. A man en to go into the house after the hour of closing, and to rat with a bottle of beer. It was explained that he had osly called before the hour of closing and paid for the beer, ent to get shaved, and then returned to fetch the beer, .e justices, disbelieving the explanation, convicted, and the of Queen's Bench held there was some evidence to support aviction, and so affirmed it A constable entering during ited hours found two men secreted, one having a pot of )eer in his hand ; the outer doors were shut, and the men m to enter ; held, some evidence of opening the house for Finch V. Blundell, 5 L. T. 672 ; 26 J. P. 71. During pro- i hours the street door was found open, and men, not B or travellers, drinking inside, but there was no eWdence as en the liquor was sold; held, some evidence of keeping or sale : Smith v. Vaux, 6 L. T. 46 ; 26 J. P. 134. also notes to section 3, ante, p. 150. dse license and grocers' license,] Where premises e no justices' license for the sale by retail of liquors, they jvertheless subject to the closing hours specified in Act, section 3, and notes, ante, p. 148. And where grocers and carry on other business, the premises do not require to sed so fiEir as the other business is concerned. See notes to 874, section 3, ante, p. 150. }, Saving as to bonS, fide travellers and T*.] Nothing in this Act or in the principal Act ined shall preclude a person licensed to sell any icating liquor to be consumed on the premises from g such liquor at any time to bond fde travellers or arsons lodging in his house : Provided that no a holding a six-day license shall sell any intoxi- 5 Kquor on* Sunday to any person v^hatever not ig in his house. provisions of this Act or the principal Act rela closing, such person (in this section referred to defendant) fails to prove that the person to wh intoxicating liquor was sold (in this section refe as the purchaser) is a bond fde traveller, but the are satisfied that the defendant truly believed tj purchaser was a bona fide traveller, and further tl defendant took all reasonable precautions to ac whether or not the purchaser was such a travel] justices shall dismiss the case as against the def and if they think that the purchaser falsely repp himself to be a bond fide traveller, it shall be la¥i the justices to direct proceedings to be instituted such purchaser under the twenty-fifth section principal Act. A person for the purposes of this Act and tb cipal Act shaU not be deemed to be a bond fide in unless the place where he lodged during the pw night is at least three miles distant from th where he demands to be supplied with liquoi 37 & 38 viOT. 0. 49, s. 10. 161 p. 47. And there is no clear limit to the honrs of closing, Sect. 10« t any time dnring day or night there may be persons waiting jjTI^ jpart from the station, so that strictly speaking no hours of ng are defined. The exemption of railway travellers arrivinjg ' departing from the station was already established. Thus it held that persons supplied ten minutes before the train ed were travellers. It was also held that the ftvct of two non- sUers being amongst other travellers supplied, was not of itself Bnce of the offence : Fish&r v. Howard, 34 L. J. M. C. 42 ; 11 L 373 ; 29 J. P. 246 ; 13 W. R. 145 ; Cophnj v. Burtmi, L. R. P. 489 ; 39 L. J. M. C. 141 ; 22 L. T. 888. This express uption extends to travellers whether livin«^ near the railway on or not, if they have just arrived from or are about to lit from such station. The distance of the journey by railway 18 immateriaL And the words "perscjiis arriving at or irting from such station by raUroad " are obviously wider than ordinary word " travellers." hkh of liquor to travellers and lodgers.] The exemption a the penalty on the ground of serving a traveller is confined tenses licensed to sell liquor " to be consumed on the pre- 68 ; " and keepers of houses licensed to sell liquor not to be Bomed on the premises are not mentioned, so that they cannot m any exemption. The question as to who was a traveller bin the meaning of the exemption depended very much on his ance from home, and the courts had held that a person walking driving two-and-a-half miles from home sufficiently comes hin the description of a traveller : Peplow v. Richardson, 33 P. 407 ; L. R. 4 C. P. 168 ; 17 W. R. 410. Whether business pleasure is the object of the traveller is wholly immaterial : aiMm V. Sellers, 5 C. B. (n.s.) 442 ; 28 L. J. M. C. 12 ; 23 J. P. ; TwyloT v. Humphries, 30 L. J. M. C. 242 ; 10 C. B. (n.s.) I ; 28 J. P. 793 ; 9 W. R. 705 ; 4 L. T. 514 ; though a person Dg a short distance for the sole purpose of getting drink was 1 not to be a traveller. Ji any proceeding against the keeper of a licensed house for mlying liquor to persons during the prohibited hours, it was d in Roh&rts v. Humphreys, 42 L. J. M. C. 147 ; 29 L. T. 387 ; W. R. 885 ; 38 J. P. 135 ; L. R. 8 Q. B. 483, that it lay on > defendant to prove that the person supplied was a traveller. however, the stranger, being unknown to the housekeeper, laked and answers that he is a traveller, and states the place alept at on the previous evening, and there is no reason for believing him, that will be enough to justify the supply of reahment M 162 LICENSING ACT, 1874, s. 10. Sect. 10. Where about sixty persons were found sitting in an alA jJT^j. in prohibited hours, let in at a back door, of whom three travelled four miles, but had sat more than two hours, all tk of the company being travellers, it was held the jnsticee ■ fairly draw the inference that all the people were not Umd travellers : Gallimore v. Goodall, 38 J. P. 697. But where a 1 number of supposed excursionists were served near a m station, and one or two persons living a mile off were served without the license holder being aware who they were, the < held there was no evidence of the offence : Watt v. Glmtk J. P. 181 ; 32 L. T. 856. And where one or two non-tra?i are among travellers supplied this will not justify a convictii absence of the evidence of intention : Peache v. Colman, L C. P. 324; 35 L. J. M. C. 118; 14 W. R. 439. The three miU limit,'] By the latter part of this sectk person shall now be deemed a traveller unless he is three i from his place of sleeping on the previous night. And it has decided that the three miles are to be measured by the M public thoroughfare, whether by land or water. Thus whe sailing in a boat across a public navigable lake or arm of th the distance would be less than three miles, while round by it would be eight miles the landlord would be liable for ea such traveller, for the way by sea was within the prohitited tance : CmJb&rt v. Troke, 1 Q. B. D. 1 ; 40 J. P. 533; 45 L. J.! 7 ; 33 L. T. 340 ; 24 W. R. 41. Nothing is said as to the 1< of time that has elapsed since the journey began. Though, ever, the person slept three miles off the previous night, it not follow that he is entitled to be served, the justices havinf to find whether he had come to the place for the sole oly obtaining the liquor, and this may depend on the intern period of time between the sleeping and the application, lodging-place includes the traveller's own or any friend's 1 and is not confined to a lodging-house ; otherwise an abei would arise. The mere neglect of a ser>'ant, contrary to his or her in tions, to ask if the person supplied was a traveller, will DOt i the keeper of the house liable : Copley v. Burton, L. R. 5 C. P 22 L. T. 888 ; 39 L. J. M. C. 141. But it will depend on wl the servant was a manager of that department of Uie bm Bond V. Evans, 21 Q. B. D. 249; 52 J. P. 613; 67 L.J. 105 ; 59 L. T. 411 ; 36 W. R. 767, and see notes to Act, ss. 16, 17. A lodger in the licensed premises is not allowed to p billiards after the closing hour for sale of liquors: 0mm Raymond, 34 L. T. 698; 40 J. P. 727; see anU^ p. 142; a 37 & 38 VICT. c. 49, s. 11. 163 I allowed to carry on gaming : Hare v. Osborne, 34 L. T. 294 ; Sect. 10. P. 759. But there is nothing to prevent a lodger or traveller vZ^ tiUTiing his friends, so long as there is no selling to such ^^ dfly and the lodger pays for uiem : Pine v. Barnes, 20 Q. B. D. 52 J, P. 199; 57 L. J. M. C. 28; 58 L. T. 520; 36 W. R. the person falsely represents himself to be a traveller or sty lie wiU, under section 25 of the Licensing Act, 1872, incur lalty of 5/. See notes to that section. .1. Hours of closing mgliUlioiises.'] Whereas by Act of 27 & 28 Vict. c. 64, it is provided that no on within the limits of that Act shall open or keep I any refreshment house, to which that Act so far as s unrepealed applies, or seU or expose for sale or Rimption in any such refreshment house any refresh- tts or any article whatsoever between the hours of and four o'clock in the morning : And whereas it is Bdient to amend the provisions of the said Act : Be herefore enacted that the said Act, so far as it is epealed, shall be construed as if there were sub- ited therein for the hour of one o'clock in the ning the hour of the night or morning at which mises licensed for the sale of intoxicating liquors by 111 situate in the same place as such refreshment ise are required to be closed, and as if the whole of g^d were vnthin the limits of the Act, and as if the lession " district " in the Act included any place in ieh such refreshment house is situate. section relates to the Night-house Closing Act (27 & 28 L c 64), which was confined to the metropolis and certain lughfl, and which was repealed by the Licensing Act, 1872, as Kmses licensed to sell intoxicating liquors. See the Act, post B Act is now extended to England and Wales, and no night- Be is to be open after the prohibited hours for licensed houses, tQl 4 A.M. following. M 2 164 LICENSING ACT, 1874, S. 13. Records of Conviction and Penalties. Sect. 12. 12. Mitigation of penalties.^ When any holding a license under this or the principal Aot convicted of any oflfence against this or the Act, or against any of the Acts recited or nu therein, the court may not, except in the case of a offence, reduce the penalty to less than twenty nor shall the penalty, whether of excise or polioey reduced in any case to less than the miTiininin ai rised by any other Act. This section repealed 35 & 36 Vict, c 94, s. 67, and in sal tion thereof allows justices on a first offence conimitted afttf 1 Act to reduce the penalty to any amount, except where any Act forbids it. The Excise Acts prevent a penalty for a a offence being mitigated to less than one-fourth : 7 & 8 Qea ' c. 53, s. 78; 2 & 3 Vict. c. 71, s. 35; Murray v. Thamftm,^ J. P. 70 ; 22 Q. B. D. 142 ; 60 L. T. 151. The Summary Jurisdiction Act, 1879 (42 & 43 Vict a 48, a; gave power to mitigate any penalty for a first offence ; and, ' section 53, extended that Act to inland revenue proceedinga 13, Record of convictions on licenses.^ any Ucensed person is convicted of any offence the principal Act which by such Act was to have or might have heen indorsed upon the license^ or rf offence against this Act, the court before whom offender is brought shall cause the register of lioenfltfi which the Ucense of the offender is entered, or a copyi the entries therein relating to the license of the certified in manner prescribed by section fifty-eigfat the principal Act, to be produced to the court passing sentence, and after inspecting the entries in relation to the Ucense of the offender, or audi thereof as aforesaid, the court shall declare, as part of W 37 & 38 viOT. c. 49, s. 13. 16£ Aence, whether it will or will not cause the conviction Sect. 13. r sacli offence to be recorded on the license of the Eender, and if it decide that such record is to be made, e same shall be made accordingly. A declaration by the court that a record of an offence ,to be made on a license shall be deemed to be part of le conviction or order of the court in reference to such PEence, and shall be subject accordingly to the jurisdic- fcm of the court of appeal. A direction by the court that a con^dction for an BEsnce is to be recorded on the license of the offender lall, for the purposes of the principal Act, be deemed Ipdvalent to a direction or requirement by the Act that |Hsh conviction is to be recorded ; and all the provisions r the principal Act importing that convictions are bquired or directed by the Act to be recorded on the oense of an offender diall be construed accordingly. This seclion remoYes the distinction contained in the Licensing kct» 1872, between certain convictions which were recorded by Mention of law and those which were recorded only by the auGise of a discretion on the part of the justices. Of the first liM were sections 6 and 6 of tne Act, 1872; of the second were iefclcmB 13, 14, 16, 17, 28. This section puts them both on the le footing in future, and leaves it to the discretion of the «s in afl cases to order the conviction to be recorded. But convictions which were recorded by operation of law since Act of 1872, and before the Act of 1874, will keep their place In tiie license and on the register, subject to the qualification badfied in Act, 1872, s. 32, ante, p. 60, as to increasing the .The corresponding parts of those sections referred to are ex- MMily repealed by this Act, section 33, and there would, there- JBM^ be no power now in the justices at all to record any of those MBEfictians if it were not for the words in the first paxt of this Mtkaiy which restores the power. The power to record extends lio to all the offences under this Act. ThA part of this section as to the court ordering the register of or copies of entries to be produced, seems merely directory, 166 LICENSING ACT, 1874, s. 14. Secti 13. and is not a condition precedent to their causing a caniicA j^~ be recorded. The court is to declare as part of its sett whether each of those offences is or is not to be rectnded; such declaration is only deemed part of the conviction or otA the court resolves that the conviction shall be recorded. register referred to is regulated by Act, 1872, a. 36, mUi, p and the register is, by Act, 1872, s. 68, ante, p. Ill, adiMi evidence of the matters stated therein. In leases of licensed houses it is sometimes stipulated tiM tenant shall do nothing that will affect, lessen, «r make vM license. In such cases if the tenant has been convicted, M justices have not ordered the convictions to be lecoide^ tenant will not have committed a breach of his covenant; II will be different if the convictions shall be recorded : fftd KnoU, 1 Ex. D. 265 ; 40 J. P. 788; 36 L. T. 121 ; 45 L. J. Ell 24 W. R. 1004. 14. Record of conviction for advlteralk Where a licensed person is convicted of any ofi against the provisions of any Act for the time beb^ force relating to the adulteration of drink, such ooi tion shall be entered in the proper register of Uoa and may be directed to be recorded on the license d offender in the same manner as if the conyiction i for an offence against this Act, and when so reoa shall have effect as if it had been a conviction foi offence against this Act. This section replaces sections 19, 20, 21, 22 of the Lieei Act, 1872, which are repealed by this Act, section 33. The ol of adulteration of liquors will be dealt with under the Sd Food and Drugs Act, 1875, 38 & 39 Vict c 63 ; and 42 & 41' c. 30. Sale of food not of the proper nature, siibsUmo$9 quality,'] No person shall sell to the prejudice of the pQid any article of tood or any dru^ which is not of the natan; stance, and quality of the article demanded by such porn under a penalty not exceeding 20^ ; provided that an of shall not be deem^ to be committed imder this aeetioii ii following cases ; that, is to say, (1) TVnere any matter or ingredient not injnriouB to ImHA 37 & 38 viOT. c. 49, s. 14. 167 Adulteration of Liqturrs. Sect 14. been added to the food or drug because the same is NoTS. rec^uired for the production or preparation thereof as an article of commerce, in a state fit for carriage or con- sumption, and not fraudulently to Increase the bulk, weignt, or measure of the food or drug, or conceal the inferior quality thereof : 38 & 39 Vict. 63, s. 6. Hng articles with label] Provided that no person shall Lly of any such offence as aforesaid in respect of the sale of Lcle of food or a drug mixed with any matter or ingredient jnrions to health, and not intended fraudulently to increase k, weight, or measure, or conceal its inferior quality, if at He of delivering such article or drug he shall supply to the . receiving the same a notice, by a label distinctly and r written or printed on or with the article or drug, to the tliat the same is mixed : 38 & 39 Vict. c. 63, s. 8. r insx)ector or police constable may i>rocure a sample and t the same to the analyst of the district : 38 & 39 Vict. 3. 13. The person purchasing is forthwith to notify to the or his agent liis intention to have the same analysed by the analyst, and shall offer to divide the article into three to be separated and sealed up. Ibid, s. 14. If the in- r or constable shall apply to purchase any article of food d to sale by retail and tender the reasonable price, if the I exposing the same refuse to sell he shall be liable to a y not exceeding 10/. : Ibid, s. 17. The certificate of the t is primd facie evidence as to the facts therein stated : . 21. The seller may, in defence, prove that the article is me as he bought it and that he has a written warranty with id. 8. 25. alteration of liquors.'] The Sale of Food Act, 1879, 42 & Jt. c. 30, s. 6, now enacts that in determining whether an 5 has been committed under section 6 of the Act 38 & 39 5, 63, by selling to the prejudice of the purchaser spirits not rated otherwise than by tne admixture of water, it shall be . defence to prove that such admixture has not reduced the more than twenty-five degrees under proof, for brandy. By, or rum, or thirty -five degrees under proof for gin. ^ons to 1879 the following cases were decided : — In Pashler miU, 41 J. P. 136 ; 35 L. T. 862, a publican sold a bottle without specifying any quality. When analysed it con- 44 per cent water. The court held there was evidence >port a conviction for imlawfully selling gin not of the 'j substance, and quality demanded. So where the gin was \ below proof : JVebb v. Knight, 2 Q. B. D. 530 ; 46 L. J. 168 LICENSING ACT, 1874, s. 14. Sect. 14. Adulteration of Liquors. Note. M. C. 264 ; 26 W. K. 14 ; 41 J. P. 726 ; 36 L. T. 791. In anH case of !Sandys v. Small, 3 Q. B. D. 449 ; 42 J. P. 550 ; 47L M. C. 115 ; 39 L. T. 118 ; 26 W. R. 814, the pubUcan stpA a notice in his house in the smoke-room and bar, *' all spiiitii here are mixed,^' and the court held that as the purchaser bo^ it with his eyes open, though it contained 30 per cent, of wateL offence was committed : Gage v. Elsey, 10 Q. B. D. 518 ; 47 1 391 ; 48 L. T. 226 ; 52 L. J. M. C. 44 ; 31 W. R 50a Prohibition against adulteration of beer.] (1) A hntm beer for sale shall not adulterate beer, or add any matter or tihj thereto (except finings for the purpose of clarification or od matter or thing sanctioned by the Commissioners of Ldl Revenue) before the same is delivered for consumption, and i beer found to be adulterated or mixed with any other matts thing (except as aforesaid) in the possession of a brewer of I for sale shall be forfeited, and the brewer shall incur a fine oil (2) A dealer in or retailer of beer shall not adulterate or dil beer, or add any matter or thing thereto (except finings lot 1 purpose of clarification), and any beer found to be aduttentcd diluted or mixed with any other matter or thing (except finii in the possession of a dealer in or retailer of beer shall be foiftil and he shall incur a fine of 601, : 48 & 49 Vict c. 51, s. & To mix beer with an inferior quality is adulteration: Onfk Taylor, 19 Q. B. D. 324; 51 J. P. 789; 56 L. J. M. C. 137; L. T. 310 ; 36 W. R. 47. Provisions to be applied to allowances and penaUk The powers and provisions contained in any Act relitiBt excise allowances, or to penalties or forfeitures under Excise i and now or hereafter in force, shall respectiveljr be of full fc and effect with respect to the allowances mentioned in this | of this Act, and the penalties and forfeitures thereby impoflca far as the same are applicable and are consistent with the t visions of this Act, as fully and effectually as if the same 1 been herein specially enacted with reference to the last-mentifli allowances, penalties, and forfeitures respectively : 48 & 49 ^ c. 51, s. 9. Procedure under Sale of Food Acts,] The ward **fa includes every article used for food or drink bv nian other tl drugs or water : 38 & 39 Vict. c. 63, s. 2. The proceedinfl recover penalties are under the Summary Jurisdiction Acts :i 8. 20. But all summonses for the offence must be served wit a reasonable time, and in the case of perishable artideii exceeding twenty-eight days from the date of purchaae, and 37 & 38 VICT. c. 49, s. 15. 16J Advlteration of Liquors. Sect, 14 Bimoiis must state the prosecutor's name and particulars of the Note. ce, and must be made returnable in less than seven days service : 42 & 43 Vict c. 30, s. 10. 18 not necessary to prove that the seller knew of the adulte- jikm : BdU v. ArmsUad, 20 Q. B. D. 721 ; 52 J. P. 471 ; 57 1 2. M. C. 100; 68 L. T. 811 ; 36 W. R 720. The false repre- ktstion must be made at the time of the sale and not at a j>rioi Kirk v. Coates, 16 Q. B. D. 49 ; 50 J. P. 148 ; 55 L. J. C. 182 ; 54 L. T. 178 ; 34 W. R. 295. The sale is deemetl to to the prejudice of the purcliaser unless the purchaser is told the mixture and makes no objection : Scindys v. SmuH, L. R. ^ R 49 ; 42 J. P. 550 ; 26 W. R. 814 ; Hiygins v. Hall, 51 \ 293. It is no defence that the purchaser Ix) light only for : 42 & 43 Vict. c. 30, s. 2. When an insj)ector sends a _ 5r into the place of sale and waits outside the inspector itiie purchaser : Stace v. Smith, 45 J. P. 141 ; Harder v. Scott, % R D. 552 ; 49 L. J. M. C. 78 ; 42 L. T. 600 ; 44 J. P. 520 ; W. K 918. The purchaser must notify the intention to have \ article analysed : Barnes v. Ghipp, 3 Ex. D. 170 ; 47 L. J. C. 85 ; 38 L. T. 570 ; 26 W. R. 635. But calling the analyst county instead of the public analyst, if he is both, is no ction : JVheeker v. JFehh, 51J. P. 661. If there is no evidence to eontradict the analyst's certificate the justices are l>ound to act mniit : Harrison v. Richards, 45 J. P. 552. When a defence is made under 38 & 39 Vict. c. 63, s. 25, that fle article had been purchased by the seller with a written Mnanty as to its nature, the warranty must be specific and r" ' leral : Harris v. May, 12 Q. B. D. 97 ; 48 J. P. 281 ; 32 695 ; 53 L. J. M. C. 39. The ollence under section 6 is confined to adulteration but extends to articles when thev are it in substance and quality : Knight v. Boxoers, 14 Q. B. D. ; 49 J. P. 614 ; 54 L. J. M. C. 108 ; 63 L. T. 234 ; 33 W. R. 15. Temporary continuance of licenses for- fskedfor single offences.^ Where any licensed person is convicted for the first time of any one of the following offiances : — 1. Making an internal communication between his licensed premises and any unlicensed premises ; 8. Forging a certificate under the Wine and Beer- house Acts, 1869 and 1870 ; 170 LICENSING ACT, 1874, s. 15. ■Sect, 15. 3. Selling spirits without a spirit license ; 4. Any felony ; and in consequence either becomes personally disqi fied or has his Ucense forfeited, there may be nuuk or on behalf of the owner of the premises an applici to a court of summary jurisdiction for authority ioei on the same business on the same premises until next special sessions for licensing purposes, and a I ther application to such next special sessions for grant of a license in respect of such premises, and this purpose the provisions contained in the Intoxidii Liquor Licensing Act, 1828, with respect to the gi of a temporary authority, and to the grant of licensei special sessions, shall apply as if the person convie had been rendered incapable of keeping an inn, and person applying for such grant was his assignee. This section refers to making an internal communicatkn ( trary to the Licensing Act, 1872, section 9 ; forging a certift contrary to 32 & 33 Vict. c. 27, s. 11 ; selling spirits witfaM license contrary to Licensing Act, 1872, section 3 ; and a eoi tion for felony, forfeiting a license, as to which, see 3 & 4 ^ c. 61, s. 7 ; 23 Vict. c. 27, s. 22 ; and 33 & 34 Vict c. 89^4 The words "where any person is convicted," imply that ib»i viction must take place after this Act. This section in fli brings these cases expressly within the words "incapabk keeping an inn," used in 9 Geo. 4, c. 61, s. 14, also. JW court has decided that in the case of a conviction for felonyi landlord and new tenant have not all the remedies of newtci under 9 Geo. 4, c. 61, s. 14, but are restricted to the two reaM above stated, namely, an application to petty sedsions under ft Vict. c. 44, and then a further application to the next tM sessions : Stevens v. Sharnhrook J J., 63 J. P. 423. The court has decided that the justices have the same M a greater discretion as to granting or refusing the transfer lio to the landlord or new tenant, when the licensed person has \ convicted of felony : R, v. Moore or Hertfordshire JJ^ 7 (J. B 542 ; 45 J. P. 768 ; 50 L. J. M. C. 121. And he is eqi entitled to appeal to quarter sessions : E, v. Wed Bidiiii§i Q. £. D. 417 ; 52 L. j; M. C. 99 ; 48 J. P. 149. As to I 37 & 38 viOT. c. 49, s. 16. 17] where the jostices on renewal or a new grant have a dis- Sect. 15. 3n limited to the four ^unds, the same limit will apply to jj]^^ Lcations for transfer : Simmondsv, Blackheaih JJ., 17 Q. JB. D. ; BO J. P. 742 ; 55 L. J. M. C. 166 ; 35 W. R. 167. Regulations as to Entry on Premises. 16. Gonstahle to enter cm premises for enforce- nt of Act.^ Any constable may for the purpose of eventing or detecting the violation of any of the pro- ions of the principal Act or this Act which it is his b^ to enforce, at all times enter on any Ucensed pre- 9es, or any premises in respect of which an occasional ense is in force. Every person who, by himself, or by any person in his tploy or acting by his direction or with his consent Tises or fails to admit any constable in the execution his duty demanding to enter in pursuance of this stion, shall be Hable to a penalty not exceeding for ) first oflfence five pounds, and not exceeding for the )ond and every subsequent offence ten pounds. rhoogh under this section the constable seems not bound to e special reasons to the licensed person before entering a hcensed ne^ yet in case of dispute as to the right of entry he will not rostified, without being able to show some reasonable ground ttie court for thinking that the statute was about to be or had a violated. And on proving the offence in the second para- ph, the constable must allege and prove some reasonable una for entering. If, however, the constable says he wants to if there was anything wrong in the house as he was goin^ a jod of visiting all the licensed houses, this will be deemed a ftdent reason for demanding entry : R. v. Dobbins, 48 J. P. 182. ore is no limit as to the hour of demanding entry, but justices 1 always consider whether the time was reasonable. ni6 word "premises" includes outhouses : R. v. Tott, 30 L. J. C. 177 ; 4 L. T. 306 ; 25 J. P. 327 ; 9 W. R. 663. Phe light of a constable to enter is confined to licensed pre- 168, that is to say, premises licensed by the justices ; for if a dt dealer under a dealer's retail license sells spirits not to be 172 LICENSING ACT, 1874, s. 17. Sect. 16. consumed on the premises under 24 & 25 Vict c. 21, s. 8, l ^j^~~ is exempt from a justices* license under section 73, then 1^ • stable has no right to enter : Harrison v. Mac UMed^ 48 J. F 60 L. T. 210. The Prevention of Crime Act, 1871, 34 & 35 Vict a 112, -which imposed higher penalties upon all who assault or vi obstruct any constable, now extends to all cases of resiati wilfully obstructing any constable in the execution of Mb provided the penalty on a first conviction shall not be g than bl,y and the imprisonment in default not more thai months : 48 & 49 Vict c. 75, s. 2. 17. Search warrant for detection of Zij sold or Jcejpt contrary to law.^ Any justice o peace if satisfied by information on oath that th reasonable ground to believe that any intoxic liquor is sold by retail or exposed or kept for sa retail at any place wdthin his jurisdiction, whei building or not, in v\rhich such Uquor is not anib to be sold by retail, may in his discretion grant a ws under his hand, by virtue whereof it shall be lawf any constable named in such warrant, at any tii times within one month from the date thereof, to < and, if need be by force, the place named in the ^ra and every part thereof, and examine the same and fi for intoxicating Uquor therein, and seize and n any intoxicating liquor found therein which th< reasonable ground to suppose is in such place f( purpose of unlawful sale at that or any other plao the vessels containing such Uquor ; and in the ev the owner or occupier of such premises being con of selUng by retail or exposing or keeping for as retail any Uquor which he is not authorised to si retail, the intoxicating Uquor so seized and the i containing such Uquor shall be forfeited. When a constable has entered any premises in 37 & 38 viOT. 0. 49, s. 17. 173 ace of any snch warrant as is mentioned in this Sect 17. ion, and has seized and removed snch liqnor as resaid, any person found at the time on the premises n, until the contrary is proved, be deemed to have m on snch premises for the purpose of illegally deal- [ in intoxicating liquor, and be Uable to a penalty not seeding forty shillings. ^y constable may demand the name and address of Y person found on any premises on which he seizes from which he removes any such hquor as aforesaid, d if he has reasonable ground to suppose that the me or address given is false, may examine such person rtiher as to the correctness of such name and address, j1 may, if such person fail upon such demand to give s name or address, or to answer satisfactorily the lestions put to him by the constable, apprehend him tiihout warrant, and carry him as soon as practicable fore a justice of the peace. Any person required by a constable under this section » give his name and address who fails to give the same, r gives a false name or address, or gives false informa- on with respect to such name and address, shall be lUe to a penalty not exceeding five pounds. Under this section the liquor and vessels can only be forfeited ; liie event of the owner or occupier being convicted, and the niiction would be under Act, 1872, s. 3 ; but the for- iftore follows as a direct consequence of the conviction. The rMted articles may be sold under section 51 of the Licensing cL 1872. But before sale the owner should have an opportunity : teng heard : QUI v. BrigU, 41 L. J. M. C. 28 ; 36 J. P. 168 ; Hi.T\591; 20 W. R. 248. The officers of Inland Revenue can enter licensed houses under idL sections as 7 & 8 Geo. 4, c. 53, s. 22 ; 3 & 4 Vict c. 61, . 11, 12 ; and 23 Vict c. 27, s. 24. The two last paragraphs are similar to those in section 25 of le Licensing Act, 1872. There is a like penalty imposed by that letioii on persons found on licensed premises during closing onzB in contravention of the Act, 1872. See Act, 1872, s. 25, id notes, amJU^ p. 47. 174 LICENSING ACT, 1874, s. 19. Occasional Licenses. Sect 18. 18. Occasional license requi/red at fairs races.] Any person selling or exposing for sale intoxicating liquor in any booth, tent, or place the limits of holding any lawful and accustomed fair ' any races without an occasional license authorising sale shall, notwithstanding anything contained in Act of parliament to the contrary, be deemed to person selling or exposing for sale by retail intoxi< liquor at a place where he is not authorised by license to sell the same, and be punished accordingly. Provided that this section shall not apply to person selling or exposing for sale intoxicating liqi in premises in which he is duly authorised to sell same throughout the year although such premises situate within the limits aforesaid. This section abolishes an exemption long enjoyed mite series of statutes by keepers of some licensed houses of freaoeiilik fairs and races to sell liquors in booths (see Hayward v. jJoflfli 28 L. T. 702 ; 21 W. K. 920 ; 37 J. P. 376), and rendcBll necessary for them henceforth in all cases to obtain a jmitifli occasional license, otherwise the penalty of selling without a lioeM is incurred under Act, 1872, s. 3. See 24 & 26 Vict. c. 91, s. 13 ; 25 & 26 Vict, c 28, a. U 26 & 27 Vict. c. 33, ss. 19, 24 ; 27 & 28 Vict. c. 18, s. 5, and Mi section of this Act. As to the exception formerly preserved in favour of be eih o l at IJairs, see 1 Will. 4, c. 64, s. 29, post, 19. Occasimial licenses — Extension of time fs closing.] Whereas by 25 & 26 Vict. c. 33, s. 20, H i provided that the hours during which an occasiciil license shall authorise the sale of any beer, spirits, I wine shall extend from sunrise until one honr aAl sunset : Be it enacted, that the said section ahaU 1 construed as if in place of the words ^^ sunrise until oi 37 & 38 VICT. c. 49, s. 21. 17& er sunset " there were inserted the words " such Soct^lQ* b earlier than sunrise until such hour not later 1 o'clock at night as may be specified in that In the consent given by the justice for the 5 of such occasional Ucense." 6 27 Vict c. 33, 8. 20, post ; 27 & 28 Vict c. 18, 8. 5, , Offences on premises with occasional .] For the purpose of so much of the principal relates to offences against pubUc order, that is to tions twelve to eighteen, both inclusive, and the J for giving effect to the same, a person taking occasional license shall be deemed to be a Ucensed within the meaning of the said sections, and the I which any intoxicating liquors are sold in pur- of the occasional Ucense shall be deemed to be i premises, and to • be the premises of the person out such license, ctions 12 to 18 of Licensing Act, 1872, and notes. Miscellaneous. , Supply of deficiency in quota of bmvugh S on joint committee.^ Where from any reason re not for the time being three qualified borough \ to form the quota of a joint conmiittee for such h, in pursuance of section thirty-eight of the ^ Act, the deficiency in the number of such h justices shall be suppUed by qualified county J to be appointed by the county Ucensing Kstion 38 of the Licensing Act, 1872, where the necessary lent is made, and notes. 176 LICENSING ACT, 1874, s. 22. Sect^22. 22. Provisional grant and conjwrrudm licenses to new premises J\ Any person intereflia any premises about to be constructed or in conn construction for the purpose of being used aa a h for the sale of intoxicating liquors to be consume the premises may apply to the licensing justices an the confirming authority for the provisional grant confirmation of a Hcense in respect of such premi and the justices and confirming authority, if sati with the plans submitted to them of such house, and if such premises had been actually constmctn accordance with such plans they would, on applici have granted and confirmed such a license in i« thereof, may make such provisional grant and ordi confirmation accordingly. A provisional grant and order of confirmation not be of any validity until it has been declared t final by an order of the licensing justices made : such notice has been given as may be required b] justices at a general annual licensing meeting ' special sessions held for licensing purposes. I declaration shall be made if the justices are sati that the house has been completed in accordance such plans as aforesaid, and are also satisfied thi objection can be made to the character of the hold such provisional license. A provisional grant and confirmation of a li< shall be subject to the same conditions as to the gi of notices and generally as to procedure to which grant and confirmation would be subject if they re tively were not provisional, with this exception, where a notice is required to be put up on a door 37 & 38 viOT. c. 49, s. 22. 177 ise such notice may be put np in a conspicnons Sect 22. ition on any part of the premises. Ehb section shaU, with the necessary yariations, send to the provisional removal to any premises of existing license nnder section fiftv of the principal Hiis was a new provision, though under the previous law it was npetent to justices under 9 Geo. 4, c. 61, to grant a license to nofiis about to keep an inn though the inn was not finished, ii section expressly recognises the practice, and allows it jjl cases of houses to be licensed for consumption on the b is imperative on the justices to grant the final license after I povisional grant is made if satisned that the plan has been tned out, and as to the character of the applicant. But the ICiees cannot be said to be merely acting ministerially when dsd on to confirm the provisional order. In one case the j us- es assented to the grant subject to an alteration suggested as tiie site, which alteration was assented to at the time ; but Mices never met again nor assented to any other site, and it p held that the applicant was entitled to act upon the original in shown to the justices : B. v. Cox, 48 J. P. 440. Tlie Oifling justices, at the time of the provisional grant being eed for and allowed, should specify what notice an applicant g[ive before coming before them for the final order, for the linauig justices may obviously make this final order at any iSod of the year between the general annual meetings. But m is nothing in this or the other Acts to make it compulsory r^die justices to renew the license thereafter, any more than in liiuiiy cases. The licensing justices are to make the final lei^ and the confirming authority need not again confirm the id license. Tlie application for a provisional grant must 1)e made at the necal annual licensing meeting, though the final license may I made at any time, and what notice is to be given may be fixed a special trsmsfer sessions. There seems to be no limit of time Uoxi which the applicant must apply for the confirmation ; but PBMonable time may be said to oe implied, for if delayed the tarests of third parties, who would otherwise apply, may be feerfezed with. This application may be combined with the application for moval as authorised by Act, 1872, section 50, arUe^ p. 91. N 178 LICENSING ACT, 1874, s. 26. Sect 23. 23. One license of justices may extend to sen excise licenses.]^ Separate licenses of justices ski be required in the case of separate excise licenses a license of justices shall comprehend a permissu the licensee to take out as many excise licenses as be specified in such license of the justices. The effect of this section will be to make only one fee pi instead of a fee applicable to each separate license. 24. Confirmation of license to sell ligm to be consumed on the premises not regui A license to sell any intoxicating liquor for consiun only off the premises shall not require confirmatic any authority. The Act, 1872, laid down the rule that no new license, w. an off-license or an on-license, should be valid until it wi firmed by the confirming authority. There is now an eK to the necessity of a confirmation as regards off-license Licensing Act, 1872, sections 37, 38 ; and the same applii to off-licenses removed under section 60, ante, p. 91. 25. Joint committee to make rules uvdei tion 43 of principal Act.^ Where the confii authority is a joint committee, that committee make rules in pursuance of section forty-three < principal Act as to the proceedings to be adopic the confirmation of new licenses, and as to the c( such proceedings, and the persons by whom such are to be paid. See Licensing Act, 1872, section 43, where theneeesBaiyi ment here directed is made, and notes, ante, p. 80. 26. Notices of adjourned brewster session of intention to (yppose.^ Whereas by section fori of the principal Act it is enacted that a licensed ] 37 & 38 VICT. c. 49, s. 27. 179 plying for the renewal of his license need not attend Sect. 26. person at the general annual hoensing meeting unless is required hy the licensing justices so to attend : Be enacted, that such requisition shall not be made, save r some special cause personal to the licensed person to lom such requisition is sent. It shall not be necessary to serve copies of notices of ly adjournment of a general annual licensing meeting a holders of licenses or applicants for licenses who are ot required to attend at such adjourned annual general sensing meeting. A notice of an intention to oppose the renewal of a Dense served under section forty-two of the principal ct shall not be valid unless it states in general terms le grounds on which the renewal of such license is to I opposed. Bee Idcensing Act, 1872, section 42, and notes, ante, p. 75. This section takes from the justices the power of compelling le attendance of parties seeking a renewal of their licenses or artificates, unless for some cause personal to the applicants. Nor eed applicants be served, as a matter of course, with notice to ttend. The word " personal" is flexible, and is capable of a very- ride signification, as to which see Sharp v. Wakefield, 22 Q. B. D. »; 53 J. P. 20 ; 58 L. J. M. C. 57 ; 60 L. T. 130 ; 37 W. R. 187. (knot to be assumed, however, that the a])plicant is not to make e cation at each renewal, which he must always do, either by ^f or by some authorised messenger. See R. v. Newcastle JJ.y IJ.F. 244. When the justices themselves start the objection and give an ppartnnity to the party to answer it, they are bound to receive Ee evidence on oath : B. v. Eales, 44 J. P. 553 ; 42 L. T. 735. tt also if. V. Howard, Justices of Congleton, 53 J. P. 454. 27. No appeal to quarter sef^sions in certain 0868.] No appeal shall be had to quarter sessions from ITf act of any justice with respect to the grant of new ttiificates under the Wine and Beerhouse Acts, 1869 n2 180 LICENSING ACT, 1874, s. 29. Sect. 27. and 1870. (Some words at the beginning ~ by 46 & 47 Vict. c. 39, Sched.) This section was necessary in consequence of the coiQrt] in R, V. Smith, R. v. SouthpoH JJ., L. R. 8 Q. B. 146 ; 37 J. P.I 42 L. J. M. C. 46; 28 L. T. 129; 21 W. R 382, that the ments incorporated in 32 & 33 Yict c 27, s. 8, thongh the repealed, kept alive the power of appeal to quarter sessioiisi the refusal of new certificates. This does not affect the right of appeal to quarter sessioiui still applies to all refusals of transfers, or of renewals of cates or licenses under the Wine and Beerhouse Acts. 9 Geo. 4, c. 61, ss. 27, 28, 29 ; Act, 1872, Sched. ; 32 & 38 W] c. 27, s. 8. 2 8 . Substitution of licensing justices for 0(J^ missioners of Inland Revenue as respects notices.^ Whereas by section eleven of the pri Act it is provided that every Ucensed person shall to be painted or fixed, and shall keep painted or on the premises in respect of which his license is in a conspicuous place, and in such form and maniMr the Commissioners of Inland Revenue may from to time direct, his name, with such additions as in said Act mentioned: and whereas it is expedient substitute in the said section the licensing justices ftf the Commissioners of Inland Revenue : Be it therrfBR enacted, — That in the said eleventh section the exp] "licensing justices" shall be deemed to be stituted for the expression " Commissioners of land Revenue," and the word "justices** for tti word " commissioners." The Licensing Act, 1872, section 11, ante, p. 19, has been in the way here pointed out See notes to that section. 29. Definition of term ^^owner.**^ Any possessing an estate or interest in premiseB 37 & 38 VICT. c. 49, s. 30. 181 the sale of intoxicating liquors, whether as owner, Sect. 29.> 36, or mortgagee, prior or paramount to that of "" -^ immediate occupier, shall, on pajrment of a fee of shilling to the clerk of the licensing justices, be [tied to be registered as owner or one of the owners mch premises: Provided that when such estate or nrest is vested in two or more persons jointly, one f of such persons shall be registered as representing b estate or interest. ee the Licensing Act, 1872, section 36, and notes ; also sec- « 66, 70, 74. L mortgagee has been held to be sufficiently aggrieved by the ual of the renewal of the tenant's license to be able to appeal quarter sessions if the mortgage deed made the mortgagee ffney for the license holder m that respect : Garrett v. Mid- Kz //., or R. V. GarreU, 12 Q. B. D. 620 ; 53 L. J. M. C. 81 ; J. P. 367 ; 32 W. R 357. But in general the landlord, as such, stranger to the license (except in those cases where notice of nviction is to be sent to him), and cannot insist on appealing lis own right to quarter sessions against a conviction of the D8e holder : R. v. Andover JJ., 16 Q. B. D. 711 ; 60 J. P. 649 ; L J. M. C. 143 ; 66 L. T. 23 ; 34 W. R 466. Where, however, renewal or transfer of a license is refused to his tenant, the Uord may join with the applicant in an appeal to quarter ions, as he is an aggrieved party under 9 Geo. 4, c. 61, s. 27. JO. Persons not to be liable f(yr siq^plying tor to private friends without charge.~\ No ion keeping a house licensed under this or the icipal Act shall be liable to any penalty for supply- intoxicating liquors, after the hours of closing, to mte friends bond fide entertained by him at his own 3nse. biB section recognises as law what was already in effect lied by the courts to be the law under the previous Acts. words " private friends " seem to include all who are not in selative situation of customers. The justices have nothing to rith the occasion of the entertainment, except as throwing ; on tlie &ct whether the friends were pretenoed friends only Has invited mends, and entertains tHem at nis own expc license holder is not liable under section 9, anUf p. 15*7, because liquor is supplied to and consumed by the friei closing hours : Pine v. Barnes, 20 Q. B. D. 221 ; 52 J. P. L. J. M. C. 28 ; 58 L. T. 520 ; 36 W. K 473. The enter! must be in the licensed premises. Though the privati may be lawfully on the premises during closing noun, license holder will commit an offence if he allow them on gaming, though it seems the friends themselyes cannol victed of aiding him in the offence : Hare v. Osbomey 34 L 40 J. P. 759 ; Cooper v. Osborne, 35 L. T. 347 ; 40 J. P. 76 for a like reason he will be liable if he allow his fnend at billiards : Ovenden v. Raymond, 40 J. P. 727 ; 34 L. T. 31. Additional retail license may be j at special sessions for licensing J] (Bepealec Vict. c. 6, s. 2, posty which see.) Definitions and Repeal. 32. Definitions J\ In this Act, if not inco with the context, the following expressions hj meanings hereinafter respectively assigned to that is to say, — 37 & 38 VICT. c. 49, s. 32. 183 ms of this Act with respect to the closing of pre- Sect. 82, 3By be deemed to be part of such town after it has I declared so to be by an order of the county using committee having jurisdiction in the place sre such houses are situated : Provided that no urban itaiy district, whether including such adjacent houses not, shall be deemed a town, unless it contains one Dsand inhabitants. ^* Populous place.^^l " Populous place " means any % with a population of not less than one thousand, iehj by reason of the density of such population, the mty licensing conmiittee may by order determine to ft populous place. ^t a meeting especially convened for that purpose in oner provided by any regulations in that behalf, or ie&ult of such regulations, by the clerk of the peace, icon as may be after the passing of this Act, and not >r than the first day of September, one thousand eight idred and seventy-four, the county licensing com- tee shall consider all the cases within their jurisdic- i with respect to which it is incumbent upon them to ke orders in pursuance of this section, and they shall ke orders accordingly, and shall specify therein the indaries of such towns or populous places. rhe county licensing committee may adjourn any etang held in pursuance of this section, and may also, any subsequent meeting especially convened for that rpoee, make with respect to any town or populous loe within their jurisdiction any like order not restric- '6 of any order previously made. Provided that as soon as may be after the publication each census the county licensing committee shall, at 184 LICENSING ACT, 1874, s. 32. Sect. 32. a meeting to be especially convened for the pnipa revise the orders then in force within their jnrisdictk constituting areas either parts of towns or popido places, and may alter or cancel any of the said onfal or may make such further orders, if any, as they flb deem necessary to give effect to the provisions of fli Act. ** Occasional license.^^'] " Occasional license" men a license to sell beer, spirits, or wine, granted in pa suance of 25 & 26 Vict. c. 22, s. 13, and 27 Vict, c 11 s. 5, and the Acts amending the same in relation to fl liccmses therein mentioned, or of any such Acts. "il new licensed] "A new license" means lic'cmse for the sale of any intoxicating liquor, grantc at a general annual licensing meeting in respect \ premises in respect of wliich a similar license has n tlu^n^tofore becni granted. Town^l This detinitioii of" tmon'' refers to the Public HmI Health Act, 1872 (35 & 36 Vict. c. 79, 8. 4). That Act is M repealed and sTi])ei*seded by the Public Health Act, 1876 fSSAJ Vict. c. 55), and though the Act, 1872, is incor^rated in uibA still the definition of luban sauitaiy district is repeated ftltt verbatim in the Public Health Act, 1875, and thus no differa i» caused by the subsequent repeal. Both Acts define an ufe sanitary district as (1) any borough constituted such either M or after the passing of that Act ; (2^ an Improvement Act diatii constituted such before that Act (t.e., before 10th August, Ififf and having no part of its area situate within a borou^ or I0 government district ; (3) any local government district, constitiil such either before or after that Act, having no part of its 11 situated within a borough and not coincident in area witfc borough or Improvement Act district The definition of ''town in Ac^ 1872, s. 74, was repealed by this Act, section 33, jpCMt Populous jplace.l As to the definition of **pcjmhu§ vte which is used in this Act, section 3, ante, p. 148, for r^imiti the closing time of licensed houses, the county licensing ea mittee might meet l)efore 1st September, 1874, and ded 37 & 38 VICT. c. 49, 8. 32. 185 iher anj ^art of their district conld be called a populous place. Sect. 32. only limit to their discretion in this matter was, that they t^TIL lid not declare any place to be populous which had less than a ^otk. Illation of 1,000. And the last published census was the test of dilation according to Act, 1872, section 65, ante, p. 117. The % was, however, left undefined as to extent, and it wbh for the ficee to define it The '* regulations in that behalf " for the eiing of the county licensing committee are those made in SBiiance of the Licensing Act, 1872, section 37. Where an dV as to a populous place has been once made, there is no irep given to restiict it, i.e., to reduce the area of tie operation the order till the next census. But there seems nothing to Kveat the county licensing committee acting from time to time Br Ist September, 1874, and declaring new places, or increasing tees, as populous places within the meaning of this section. Occasional license.'] As to occasional licenses, authorising the e of liquor at other places than licensed premises, see 25 & 26 Bt c. 22, s. 13, post ; 26 & 27 Vict. c. 33, ss. 19—21, post ; 27 & 28 ok c 18, 8. 5, post; and the 18th, 19th, and 20th sections of this t of 1874. New license.] The new definition of "neio license" contains J word " similar," which can scarcely be construed as meaning lentically the same." The word see'ms properly to imply that ) license must be for the same kind oi liquor, and the same lefal character as regards its being in-door or out-door, and as my particular qualification attached to it. Different kinds of nor nave been dealt with by separate statutes, and yet all Hises have some points identical. Yet an alehouse license iw 9 Geo. 4, c. 61, is not similar to a beerhouse license under WIL 4^ for the former includes wines and spirits : Marwick v. W«» L.R. 9 Q. B. 509; 38 J. P. 518; 43 L. J. M. C. 169; 30 T. 719; 22 W. R 823. It may now be taken that a six-day nse is not similar to an ordinary seven-day license, though the DOES sold may be identical : R. v. Crewkeme JJ., 21 Q. B'. D. 85; J. P. 372 ; 57 L. J. M. C. 127 ; 60 L. T. 84 ; 36 W. R. 629. e word "theretofore" does not necessarily mean that the pre- 08 license must be subsisting continuously, at least if this was ixig to no default of the occupier of the premises : R. v. Market fwortk, 51 J. P. 438; 57 L. T. 56; 35 W. R. 734; 56 L. J. M. C. But if the license has been forfeited for some offence, the ct application must usually be for a new license : R. v. West UngJJ^ 52 J. P. 455; 21 Q. B. D. 258; 57 L. J. M. C. 103; W. R. 258; unless in those cases specified in this Act, sec- n 16, ante, p. 170 : Stevens v. Sharnorook JJ., 53 J. P. 423. 186 LICENSING ACT, 1874, S. 33. Sect. 33. 33. Repeal.'] [There are hereby repealed the tions of the principal Act relating to the follow matters ; that is to say, — (1) Sections nineteen to twenty-two, both inch relating to adulteration, and the first sch( to the principal Act ; (2) Section twenty-four, relating to hours of cl( and (3) Section thirty-five, relating to entry on pi by constable ; and (4) So much of sections five, six, thirteen, foi sixteen, seventeen, and twenty-eight, as lates to the records of convictions on li< and of section seventy-four, as contains definition of a town for the purposes <tf provisions with respect to closing and rf new license. (5) The last paragraph of section fifty-six, begii with words, " In a county the justices,** to end of the section :] This section was repealed by 46 & 47 Vict. c. 39, here retained for convenience of showing the mode of with some sections in the Act, 1872. SCHEDULE. Metropolitan District. TJie metropolitan district,] The city of London liberties thereof, or any parish or place for the time being i to the jurisdiction of the Metropolitan Board of Works, or the area contained within a circle the radius of whidi is te ] miles from Charing Cross. [The jurisdiction of the Metropolitan Board of Worin •j defined by 18 & 19 Vict c 120, s. 249; 25 & 26 Vict c. U0^i.l4' APPEI^DIX Appwlx. |ar RELATIVE STATUTES IN CHRONOLOGICAL ORDER. t 9 Geo. 4, Cap. 61. ACT to regulate the granting of Licenses to Keepers of ImUy AU- hmuesy and Victualling Houses in England.{a) [15th July, 1828.] ^al licensing meetings to be held annnally — Time of ing such meetings,^ Whereas it is expedient to reduce into Act the law relative to the licensing by justices of the peace of ms keeping or being about to keep inns, alehouses, and victual- houses, to sell excisable liquors, by retail, to be drunk or led on the premises, in that part of the United Kingdom England : Be it therefore enacted by the King's most nt Majesty, by and with the advice and consent of the spiritual and temporal, and Commons, in this present par- it assembled, and by the authority of the same, that in ^ division of every county and riding, and of every division fine county of Lincoln, and in every hundred of every county, It being within any such division, and in every liberty, division \ e^rery liberty, county of a city, county of a town, city, and mxL corporate in that part of the United Kingdom called Kland, there shall be annuallv holden a special session of the paces of the peace (to be called the general annual licensing Mting), for the purpose of granting licenses to persons keeping (dt) This Act was described in the Licensing Act, 1872, as " The Axzicatlng Liqaor Licensing Act, 1828," and in all formal notices new statutory description should be followed unless the year and Mdption of the Act are specified. 188 LICENSING ACT, 1828, 8. 1. A|ipOQdx. or being about to keep inns, alehonfies, and yictoalling lioaH sell excisable liquors by retail, to be drunk or consumed oi premises therein specified ; and that such meetings ahal nolden in the counties of Middlesex and Surrey within tin ten days of the month of March, and in every other coonf some day between the twentieth day of August and thefoub day of September inclusive ; and that it E^all be lawful ft justices acting in and for such county or place assembled il meeting, or at any adjournment thereof^ and not as heidi disqualified from acting, to grant licenses for the puipoaeti said, to such persons as they the said justices shall, in the c tion of the powers herein contained, and in the exercise of discretion, deem fit and proper.(a) (tf) General effect of thin Act.'j This is now the enactment g ing all the honses requiring a justices' hcense or certificate. It • primarily only to inns, alehouses, and victualling honses, fan extended to all the other houses by 32 & 33 Vict. c. 27, rs. 6, 1 83 & 34 Vict. c. 29, s. 4, and Licensing Act, 1872, 88. 68, 1 repealed all the former statutes on the subject, and which tie fl rated in section 35, post. The general result, therefore, is tbit all retail licenBes to sell intoxicating liquor are now subject to till rules as to the justices who grant licenses, the times at win meetings of justices are held, the duration of licenses, the ftM p the rights of appeal so far as these exist, the mode of tnuMfoni renewing the licenses. The Act, however, being modified I Licensing Acts, 1872-4, the result is, that there is now no against the refusal of a new license, but only against lefii transfer or renew existing licenses, and the discretion of jnsticei various stages is not uniform, the discretion being now abeofaiti the great majority of licenses, and limited to four grounds as n( few of the licenses. Moreover, nearly all the offences reU licensed houses are now provided for in the two LicenBing Aeti, 1 exclusively. Justices' license, how far necessary."] The general rule now i a justices' license is necessary before an excise license can be ot But there is an exception where a wine dealer obtains an adf retail license from the excise to sell wine not to be consnmed premises. And a grocer may be a wine dealer to that extent : . V. Thatcher, 3 Q. B. D. 46 ; 42 J. P. 213 ; 47 L. J. K. C L. T. 347. And a spirit dealer ma^ also in some cases not if justices' license to sell spirits by retail. See Act, 1872, s. 78, aai ante, p. 127. And wherever the house is situated it mnit be 1 by some authority. Thus, a license is necessary to sell in a island some miles from the county : Wright v. MarrU^ 49 J. But it is not an indictable offence to keep an inn withovt a house license ; Amm., 3 Salk. 25 ; R. v. Edwa/rds^ 3 Balk. 37. boarding-house keeper who merely sends out for liquors as agitt 9 GEO. 4, 0. 61, s. I. 189 Discretion of Justices, Appndx. fc does not require a licenfie : Parker v. Finite 12 Mod. 254 ; Bftym. 479 ; Taylor v. Oram, 1 H. & C. 370 ; 31 L. J. M. C. 262 ; . P. 8 ; 7 L. T. 68 ; 10 W. R. 800. die of juttiees exercising discretion.'] At the general annnal KDg meeting and its adjoamment, the justices sit in pablic and judicially, and are bound to hear the applications of all persons ill their ^vision who desire to have licences, and who have com- l with the statutes as to notices, and who can prove the reqnisite ificwtions. At the same time any one of the public is entitled to te the grant of a new license ; and every applicant is bonnd to I the name of the owner of the hoase to l)e licensed : Licensing 1872, section 36, ante, p. 62. The justices at the general annnal iring meeting have, as a general rule, an absolute discretion to IB a grant of a new license for an inn under this Act, or for in-door and wine houses, first licensed after 1872, without stating reasons. I diflcretion of the justices must, however, lie a judicial discretion not a mere capricious act, regardless of the special circumstances of I rapHcation : i2. v. Btrteler, 4 B. & S. 959 ; 33 L. J. :M. C. 101 ; r, r. 463. As to some out-door certificates and in-door certificates, fvtices have only a limited discretion : 32 &; 33 Vict. c. 27, ss. 8, 19. they act judicially, and an appeal to quarter sessions lies, except inrt their refusing a new grant, for the appeal against refusing new nee was entirely taken away by the Act, 1872. though retained B the refusal is a transfer or a renewal of the license. See Licensing , 1872, Schedule. No action lies against the ja<^ices for refusal : mt V. Ooodchild, 3 Wils. 121. They may rightly refuse a license er this Act, on the ground that there are alr&idy too many ale- hb: JB. v. Lancashire J J., Re Tyson, 35 J. P. 170 ; 40 L. J. M. C. L B. 6 Q. B. 97 ; 23 L. T. 461 ; 19 W. R. 204 ; or that the house M lar removed from police supervision : Sliarp v. Wakejiehl, 22 B. D. 239 ; 58 L. J. M. C. 57 ; 53 J. P. 20 ; 60 L. T. 130; 37 R. 187. They do wrong, however, to lay down a rule lief ore hear- the applications, such as that they will refuse all licenses, except party will promise to take out an excise license to sell spirits : R, v. setter, 31 L. J. M. C. 93 ; 26 J. P. 151 ; 2 B. & 8. 322 ; 5 L. T. • 8 Jnr. (N.S.) 484. Nor can they lay down any general rule before- 1 to fetter their discretion, for they ought to consider the circimi- lees of each case independently : i2. v. Walsall, 24 L. T. Ill ; 18 *. 757 ; 3 C. L. R. 100. Nor can justices annex a condition to the Bfle, such as that, for example, the applicant must pay a debt to e Ihird person : R v. Athay, 2 Burr. 653. he justices have in most cases a large discretion both as to the kind MOon and the kind of house to be licensed, and are bound to see ; ths requirements of the statutes have been complied with. The « of the licensing justices is limited so far that they cannot grant MOBe except to a person about to keep an inn, &c.: R. v. Wilkinson, L. T. 370 ; 28 J. P. 597. But they may treat a confectioner^s NOTBL 190 LICENSING ACT, 1828, S. 1. Appndx. Note. Discretion of Justices. house where luncheons are provided as a yictnalling-hoiu within the express words of this section : jB. v. Surr$\ J. P. 423. Where the house is occupied by a tenant the landlord j«4 1 not qualified to receiye the license in his own name : B, i 45 J. P. 372. But in most cases the license holder need not the premises, and he may manage the house by means of serm may be difficult in some cases to distinguish whether a mai servant or a tenant : Mayhew v. Suttle, 4 E. & B. 347 ; 19 24 L. J. Q. B. 54. Where a firm or company are the owners or occupiers of u license is frequently applied for and held by a manager or Mil resides on the premises. And it may happenthat one ff^^ license, and the company, his employers, bemg4hi|M|MW liable to guests for the loss of luggage : Disc on v. .mr»^j 135 ; 42 L. J. Ex. 135 ; 28 L. T. 360 ; Daun v. SimrAn 783 ; 28 W. R. 129 ; 44 J. P. 264. If the justices are equally divided they should adjou- to another day, when some additional justices may be pf do not adjourn the case the application will be deemed^ M. V. Cox J 48 J. P. 440 ; M. v. CarTiarvonj 4 B. & *j Monmouthshire JJ., 4 B. & C. 844 ; 8 B. & C. 137 ; J^i Q. B. 380 ; 17 L. J. M. C. 70. f Extent of licensed premises.'\ When a license is gralll without defining the metes and bounds, the house incluc^^ and a piece of land in front : Marson v. London and way Company^ L. R. 6 Eq. 101 ; Richards v. Swa'iisea\ As to treating alterations and enlargements of pn these require new licenses, see Act, 1872, section aide^ p. 136. Mandamus to licensing justices,"] As justices authority to grant licenses from this statute of 9 Geo. 4| by later statutes, they are bound to hear and determine! on the merits, and if they fail to do so, and therebyj has not been duly heard, the only remedy usually i^ Court to grant a mandamus directing the justices to 1 tion over again. The fact that the justices made a sometimes is a ground for a mandamus, but usually is fortune which cannot be remedied. The justices, like not personally liable for making a mistake in exercisii tion : -R. v. Barton, 14 J. P. 738. A mandamus will I the justices to hear an application for a new license, entertain it ; but when once the justices hear and ad i often no remedy, if they refuse to grant a new lice] though in some cases there may be a remedy by ma\ the neglect of some preliminary condition. Should 9 GEO. 4, 0. 61, s. 1. 191 Mandarn/us, Appndx, Note. justices seek to evade it, the proHecator may trayerse they make in answer to the writ of mandamus : R, v. :, R, V. PireUll, 14 Q. B. D. 13 ; 64 L. J. M. C. 17 ; M ; 49 J. P. 36 ; 33 W. R. 205. Thus, in one case, a I to the justices and they heard the case over again lame conclusion, and the applicant, by pleading, raised I as to whether the justices really heard the case or . to hear it over again : i?. v. Pirehill Justiceft, 49 tluB course of traversing the return is always open to R. T. KiTig, or Manchester JJ., 20 Q. B. D. 430 ; L. J. M. C. 20 ; 58 L. T. 607 ; 36 W. R. 600. SofitiM is issued to justices it is not framed so as to grant the license, but merely to hear and determine ; m hearing the case again have the same jurisdiction to jeetions to the license, and to hear parties on the gr had acted regularly on the first occasion : R, v. 99 of Ckmgleton, 53 J. P. 454 ; R, v. Farquhar, L. R. J. P. 166. act corruptly, the only remedy is a criminal informa- 1 : i2. V. Holland, 1 T. K. 692 ; R. v. Young, 1 Burr. Ties, 13 East, 270 ; R. v. Davis, 3 Burr. 1317. Thus, M because the applicant would not vote for a parti- br parliament, was a ground of criminal information : 8 Burr. 1317. And it would be the same whether they laed the license on such ground : R. v. Holland, [f one set of justices were to grant a license which te justices had refused, this would be indictable ; iZ. v. " B. 451. i licenses granted or refused by justices who are inte- pespective remedies of certiorari and mandamus, see U J. P. 298. umdamus is usually issued to justices who decide or J have an absolute discretion when they have only a a : R, V. King, 20 Q. B. D. 43 ; 52 J. P. 164 ; 57 L. J. T. 607 ; 36 W. R. 600 ; R. v. Scott, 22 Q. B. D. 481; J L. J. M. C. 78 ; 37 W. R. 301 ; 60 L. T. 231. fiB refused if there was a better remedy by appeal to : B. V. Smith, R. v. SouthpoH JJ., L R. 8 Q. B. 146 ; \ L. T. 129 ; 21 W. R. 382. bices make their return to the writ, this is treated like ' defence to an action, and the prosecutor may traverse etnm that they have heard the case, and allege in effect J pretended to hear it, and all the time intended to pnemt : R. v. Pirehill JJ., 49 J. P. 453. Or the pro- ad to the return that it is bad in point of law : R. v. igleton JJ., 53 J. P. 454. ivisional Court refuse or grant a rule for a rnandamus^ judgment in favour of the prosecutor on a mandamus, 192 LICENSING ACT, 1828, S. 1. Appndz. Certiorari, dc. Note. there is an appeal to the Court of Appeal aiid the Honfle (A I R, V. King, 20 Q. B. D. 43 ; 62 J. P. 164, mpra ; R, t. Orm JJ., 21 Q. B. D. 85 ; 52 J. P. 372 ; 57 L. J. M. C. 127 ; CO Li 36 W. K. 629 ; R. v. Newcastle JJ., 51 J. P. 244. Certiorari and prohihition,^ In some cases a licenBe |IH| justices may be granted without jurisdiction, and an applicatmi made for a writ of certiorari to quash it. But this remedy M applied for within six months, and is difficult owing to the neeM the application being made by a person aggrieved : 22. v. iSkfNi 52 J. P. 423 ; i2. v. Surrey JJ,, L. R. 5 Q. B. 466 ; R. t. iViwIfl L. R. 4 Q. B. 585. If a license is sought to be quashed tJtt license must be quashed, and not merely one part of it : JB. T. J JJ,; R, V. Mann, L. R. 8 Q. B. 235 ; 37 J. P. 212 ; 42 L. J. ]!.( 27 L. T. 847 ; 21 W. R. 329. At the most a certiorari, unless applied for by the party aOB is a discretionary writ : Forster v. Forster, 4 B. & S. 199 ; » Q. B. 314. And eyen the party aggrieved may, by his conduct, prednde K from the remedy : R. v. South Holland, 8 A. & E. 429. A certiorari or a prohibition is the remedy where the jnstioM^) of them, was interested in the subject-matter : R. v. Great T&t JJ., 8 Q. B. D. 168 ; 46 J. P. 518 ; R, v. Farrant, 20 Q. RI 52 J. P. 116 ; R, V. Kent JJ, 44 J .P. 298. A license is not always void though the justices granting it \ jurisdiction : Brown v. Nicholson, 5 C. B. (N.S.) 468 ; 22 J. F 28 L. J. M. C. 49 ; R, v. Downs, 3 T. R. 560 ; R. v. Brftm, 81. In R. V. Marshall, 1 N. & M. 277, it was decided thai license was obtained by fraud, yet it would not be invalid mile party licensed practised the fraud. See also notes to Licensing Act, 1872, section 3, ante, p. 5. A prohibition is a corresponding remedy, where it is piBctiei prevent justices proceeding in a matter of licensing not yet com over which they have no jurisdiction ; but owing to the lapidife which such applications are disposed of, this remedy is genenl late : Elstone v. Rose, L. R. 4 Q. B. 4 ; Broad v. PerJUjis, 21 Q. 533 ; Re Briton, 32 Ch. D. 503. City of London.'] The time of holding the general annmd n in the city of London was saved by section 36 of this Act, and the second Monday of March. Licensin^f rneetings in horov^ghs,'] Disputes formerly ezifl boroughs not having a separate court of quarter sessions befcwei county and borough justices, where there was no intromittant in the charter of the borough : Candlish y. Simpson, 1 B. & S 25 J. P. 662 ; Brown v. Nicholson, 5 C. B. (n.S.) 468 : 28 L. J. 49 ; 22 J. P. 803. But these disputes were put an end to bj a i 9 GEO. 4, c. 61, s. 1. 193 Licenses in Boroughs, Appndx. |A & 25 Vict. c. 75, which Ib now repealed. By the Municipal ferationg Act, 1882, 45 & 46 Vict. c. 50, s. 246, it is enacted that P CSeo. 4, c. 61, the expression " town corporate," " connty or place," ** diyision or place " include every borough having a separate Corn- wall of the peace, and the expression " high constable " includes any ble of any such borough to whom the justices of the borough their precept under that Act. See also notes to Act, 1828, Licensing Act, 1872, section 38, ante,, p. 67, points out who licensing justices in boroughs having a separate commission of and divides the boroughs into those which have ten justices in and for the borough, and those which have not ten justices. general rule laid down by the Municipal dtrjtorations Act, section 154, is, that where a borough has not a separate court of sessions, the justices of the county in which the borough is shall exercise the jurisdiction of justices in and for the jfh as fully as they can or ought in and for the county. And no [oi a borough having a separate court of quarter sessions shall be the jurisdiction, exercisable out of quarter sessions, of the jus- of a county where the borough was exempt therefrom before the of the Municipal Corporations Act, 1835. And by section 155 ijOT of a borough shall, by virtue of his office, be a justice for )ngh, and shall, unless disqualified to be mayor, continue to ))e justice during the year next after he ceases to be mayor, and he have precedence over all other justices acting in and for the and be entitled to take the chair at all meetings of justices m the borough at which he is present by virtue of his office of Note. I room in a house licensed for the sale of intoxicating liquors may * for the business of borough justices : 45 & 46 Vict. c. 50, s. 160. to 46 & 47 Vict. c. '^l^post. ties in quarter nesnomi boroughs,'] The Municipal Corpora- k, 1882, 45 & 46 Vict. c. 50, s. 22, lays down certain rules as to on of penalties adjudged before borough justices. See that quoted, ante, p. 118. %ng m^ietings in the cinque ports.] By the Municipal Corpora- Act, 1882, 45 & 46 Vict. c. 50, s. 248, the jastices for the five of Hastings, Sandwich, Dover, Hythe, and liye, shall have jurisdiction, powers, and authorities of jastices for a county to the granting of licenses or authorities to persons to keep louses, or victualling houses, or to sell excisable liquors by [within any of the corporate or non-corporate members or liberties five boroughs respectively not being within the limits of a having a separate commission of the peace. See also 9 Geo. 4, ^,po9t, and notes, where further provisions are contained as to ine ports, and where the local statutes relating to those ports itioned. 194 LICENSING ACT, 18285 s. 2. Appndz. 2. Time and place how to be appointedr—SoA meetings to he given.] And be it further enacted, that m such division or place as aforesaid there shall be holden, ti one days at the least before each such general annual fiei meeting, a petty sessions of the justices acting for such oon place, the majority of whom then present shall, by a p imder their hands, appoint the day, nour, and place upoa i which such general annual licensing meeting for such difli place shall 1^ holden, and shall direct sucn precept to th constable of the division or place for which such meeting n holden, requiring him, within five days next ensuing that ci he shall have received such precept, to order the severtl constables or other peace officers within his constablewick t or cause to be affixed on the door of the church or chiqpf where there shall be no church or chapel on some other and conspicuous place within their respective districts, a no the day, hour, and place at which such meeting is appointet holden, and to give to or leave at the dwelling-house of eae every justice acting for such division or place, and of etc every person keeping an inn, or who shall have given nd his intention to keep an inn, and to apply for a license i excisable liquors by retail, to be drunk or consumed on ^ mises, within their respective districts, a copy of such notic (a) As to the precept to the high constable, see 32 & 38 Vid s. 3, which abolishes the office of high constable, and sabstitv justices' clerk as the party to receive the precept. But thu di apply to the metropolitan police district or the city of Londoo. The notice of holding special sessions may be signed byii justice and sent by post to the other justices : 7 & 8 Vict. c. 31, The High Constables Abolition Act, 32 & 33 Vict. c. 47, 8. 2,i justices in quarter sessions to put an end to the office of higli eo in certain cases, and enacted as follows : — Hoto notices are to be sent."] It shall be the duty of the daft justices of the peace in each petty sessional division, other tfan which are either wholly or partly within the metropolitan policed^ the city of London, to send by post to the proper parties m sochi all notices of the holding of special or other sessions, of days of i and of any other matter or thing (except such as relate to daimii the hundred or other like district, or to parliamentaiT or ni elections, or the registration of electors), of which notices are i law or custom served upon or sent to any parochial ofiicer oi person by high constables, and no precept or notice to perfoc such duty in any such division shall hereafter be issued to tf! constable, after the passing of this Act : 32 & 33 Vict. c. 47, i* When part of any hundred or other like district is within Ac 9 GEO. 4, 0. 61, s. 3. 195 % Adjournment of meetings.] And be it further enacted, Appndz. Ait shall be lawful for the justices acting at the general annual — ttifliiig meeting, and they are hereby required to continue such fting DY adjournment to such day or days, and to such place or itai witnin the division or place for which such meeting shall Mden, as such justices may deem most convenient and suffi- pit for enabling persons keeping inns within such division or Kse to apply for such license : Provided nevertheless, that the IMiined meeting to be holden next after such general annual tanng meeting shall not be so holden in or upon any of the five n next ensuing that on which such general annual licensing in have been holden as aforesaid , and that every adjournment Ibe said general annual licensing meeting shall be holden ttiiL the month of March in the counties of Middlesex and Bey, and of August or September in every other county (6). any borough or place having separate police jurisdiction, such liind or district shall, for the purposes of this Act, be deemed to be fte oonnty in which the other part of such hundred or district is lite : 32 & 33 Vict, c 47, s. 7. JUterpretation of terms.'] For the purposes of this Act the word i0L constable " shall include any constable of any hundred or other 9B district, and any officer discharging the duties usually performed k!^ constables by whatever name such officer shall be called ; and I word " county " shall include any riding, division, liberty, and M having separate quarter sessions of the peace : 32 & 33 Vict. i7,s.l. A» to precepts relating to "borough licenses.] The Municipal Cor- ntions Act, 1882, specially provides for boroughs in respect to these •Bipts as follows : — hthe 9 Geo. 4, c. 61, the expressions "town corporate," " county or w,** and " division or place," include every borough having a sepa- ti OQnmiission of the peace ; and the expression "high constable" Men any constable of any such borough to whom the justices of Moioagh direct their precept under that Act : 45 & 46 Vict. c. 50, JSk word " borough " includes every city or town to which the 'dpal Corporations Act, 1835, 5 & 6 Will. 4, c. 76, applied, and town, district, or place subsequently incorporated : 46 & 47 Vict. i«.6, 7. ^Since all boroughs having a separate commission of the peace, ■"flitt these have a separate quarter sessions or not, and whether ten J^«8 or not are appointed for such borough, are under the above ■■fti section as regards this matter. 'PO The justices are bound under this section to appoint at least one Wmed meeting, though they may appoint more than one, and may o2 196 LICENSING ACT, 1828, S. 4. Appndx. 4. Special sessions for transferring licenses toltw^^ jpointedJ] And be it further enacted, that the justices at the general or quarter session which shall be holdei ll^ Michaelmas next after the passing of this Act, and at the gc annual licensing meeting in every subsequent year, shall apponlj not less than four nor more than eight special sessions, to W\ holden in the division or place for which each such meetiiig ahdU '' be holden in the year next ensuing such general annual lie meeting, at periods as near as may be equally distant, at special session it shall be lawful for the justices then and assembled, in the cases and in the manner and for the time inafter directed (a), to license such persons intending to keep b appoint any convenient place or plac&s for such adjonmment. liegislatare seems in 1870 to have thought that justices should ' applications, and eyen where these fail from some inadvertence^ a])point adjournments to enable statutory requirements to be conpU with : 33 & 34 Vict. c. 29, s. 11. Nevertheless, in 1872 the Lec^flhtM took away altogether the right of appeal to quarter sessions agriril the refusal of any new license : 35 & 36 Vict, c 94, Sched. Tb justices may and should so arrange the adjonmment days as to lOov t person who has not given notice for the general annual lieeHj|i meeting to give such notice in time for the adjonmment daj: m\ Drake: R. v. West Riding J J,, 34 J. P. 4 ; L. B. 5 Q. B. 3S;II L. J. M. C. 17 ; 10 B. & S. 840. And where, for example, an appfiMt applied at the general meeting for a spirit dealer's retail liceoMyfli failed becauvse he had not then taken out the dealer*8 license, it wuhlH that he might take out such dealer 'n license, and give fresh notieaif' the adjournment day : Ex parte Maugham ; 22. v. Kirkdaie JJn 1 Q. B. 1). 49 ; 40 J. P. 39 ; 45 L. J. M. C. 36 ; 33 L. T. 60$; « W. R. 205. So where premises were not of sufficient annual fiJilit the date of the general meeting, they may be made sufficient in tiBI for the adjournment : R. v. M&tttagu^ 49 J. P. 55. Where, however, the justices have heard and decided the caM at Hi general licensing meeting, they may decline to re-hear the mamvA cation on the same materials at the adjournment day, thoo^ a iv notice han been given : Ex parte Rushworth^ 23 L. T. 120 ; 34 J.'- 676. If justices sit more than one day to dispose of the bosinMi at Ai general meeting, their sitting on the second and snbseqnent ^|a v8 not be adjournment days within the meaning of this section. The justices sitting at a general meeting or an adjonrnment adjourn any matter to a special transfer sessions, as these an ta* <1istinct sessions dealing with different classes of bosineas : & i^ Newcastle JJ., 51 J. P. 244. (a) These words " in the cases, and in the manner, and for tba tiM hereinafter directed," refer to section 14, pott^ and prmctically wb this section and section 14 operate as one section, the latter part dttfl 9 GEO. 4, 0. 61, s. 5. 197 i kept by other persons being about to remove from Appndx. as they the said justices shall in the execution of the — rein contained, and in the exercise of their discretion, and proper persons under the provieions hereinafter > be licensed to sell excisable liquors by retail, to be lonsumed on the premi8es.(6) ice to be given of the adjournment of the general censing meeting and special sessions,] And be it acted, that whenever the justices shall have ordered djoumment of the general annual licensing meeting, or appointed such special sessions as aforesaid, the day, place for holding every such adjourned meeting and . special session shall be appointed by precept of the )f the said justices directed to the high constable, lotices similar in form to those given at the general snsing meeting, to be affixed on the door of the church or on some ouier public and conspicuous place, and to apon the same parties.(c) g a mere recital of what will be fonnd in the 14th section at Ith. ces ought to fix the transfer sessions at convenient times etween 10th October and the following 10th October, especi- meet the difficulties likely to arise between the annual eting which is held some weeks previous, and the 10th ?hi8 is, however, now of less importance since the decision torence or Liverpool J J., 11 Q. B. D. 638 ; 47 J. P. 596 ; C. 114 ; 49 L. T. 244 ; 32 W. R. 20, noticed in the notes 4, post^ p. 203, which allows some applications for transfer ifter the expiry of the current license. .8 ** transfer sessions " are usually applied to these interme- 1 sessions, though the statute does not in the 4th and 14th lescribe them, but the word '* transfer " was used in the 11th the schedule now repealed, and is a convenient description t of the sessions. The notice required to be given before all plications is set forth in Licensing Act, 1872, s. 40, and see tion 14 of the present Act, post. And the circumstances ti a transfer Hcense is granted are stated in section 14, post^ Br is also given to petty sessions to give a temporary autho- interval between any two special transfer sessions. See c 44yjfost. 1 regard to the parties who are applicants only for renewals or certificates, and who are not specially required by the attend pursuant to a notice of opposition served under 198 LICENSING ACT, 1828, s. 7. Appndz. g. What justices shall be disqtudified from acting,] be it further enacted, that no iustice who shall he a eo brewer, distiller, maker of malt for sale, or retailer of malti any excisable liquor, or who shall be concerned in paitiMi with any common brewer, distiller, maker of malt for adfl^ retailer of malt or of any excisable liquor, shall act in, or he ] at any general annaal licensing meeting, or at any adjoi thereof, or at any special session for granting or licenses under this Act, or shall take part in the adjudication of the justices, upon any application for a lioeDM< upon any appeal therefrom ; and no justice shall act unon i the aforesaid occasions in the case of any house licensed, or i to be licensed, under this Act, of which such justice sbaUbel owner, or for the owner of which he shall be manager or or of any house being in whole or in part the property < common brewer, distiller, maker of malt for sale, or letaikK malt, or of any excisable liquor, to whom such justice ahifl' either by blood or by marriage, the father, son, or brother, « i whom such justice shall be the partner in any other tm calling ; and that every justice who, being hereby dis shall knowingly or wilfully so offend, shall for every sue forfeit and pay the sum of £100 : provided always, that herein contained shall extend to disqualify any justice (noti wise disqualified, and having no beneficial interest in the J licensed or about to be licensed under this Act), from ac^ any of the occasions aforesaid by reason of the legal estate in* house being vested in him as trustee for any person or P^*'^ ■ or for any charitable or public use or purpose whatsoevcLj*) 7, When in liberties, do,, two justices not disqualifidi^ not attend, the county justices may act.] And be it faAM enacted that whenever at any of the meetings to be hddfli' aforesaid for any liberty, county of a city, county of a towBi cf^ or town corporate, there shall not be present at least two jnrf* acting in and for any such liberty, county of a city, cooilty of • Licensing Act, 1872, section 42, ante, p. 75, no snch notice need B0vte given to them for the purpose of their attending ; bat an apptoliw must always be made by some person duly authorised ; hence, if application has not been made at the general meeting, it will te to continue this notice in those cases in order to remind them : * '^ Act, 1874, section 26. (a) This section was repealed by the Licensing Act, 1872, as to that Act, but the section had been incorporated by & ^^.^^ c. 44, 8. 4, and applies to applications at petty seasions onder the ' " Act, and is not identical witn Licensing Act, 1872, section M. 9 GEO. 4, 0. 61, s. 9. 19S m, dty, or town corporate, who are not disc^ualified, it shall be Appndx. ■fal for the justices acting in and for the county or counties — Imiiing to such liberty, county of a city, county of a town, city, town corporate, and not disqualified from acting, to act within oh liberty or place, and with the justice or justices thereof not herembiefore disqualified who shall be present at any such eetmg as aforesaid, for the purpose of granting or transferring HDBes under or of hearing complaints an to offences against this Bt| any law, custom, or usage to the contrary notwithstanding.(6) •8. Powers hereby given to tJie justices of the county M to extend to the cinque ports,] P^o^dded always that afiung herein contained shall extend to give the justices of the imty or any division thereof any power or authority for the Rttmg of the provisions of this Act in execution within any of IB cinque ports, or either of the two ancient towns, or any of the Vj^rate or other members or liberties of the cinque ports or two iQent towns, but that it shall be lawful for the justices of and » each of the principal cinque ports and two ancient towns, and at as hereinbefore disquaMed from acting, and none other, to Ot within and for the same and the liberties thereof not corporate Bnectively as they have been accustomed, and for them, or any f them (not so as last aforesaid disqualifiecl) to act witliin each f tiie corporate members immediately belonging or subordinate ) such prmcipal cinque port or ancient town, with the justice or utices of each such corporate member (not so as last aforesaid iajaalified), for the purpose of granting or transferring licenses noer or of hearing complaints as to offences against this Act, in tlsnch cases in which the justices of the county are hereinbefore npowered or authorised to act with the jiLstice or justices of any berty, county of a city, county of a town, city, or town corporate.(c) 9. Qtiestions respecting licenses to be determined^ and senses to be signed^ by tJie majority of justices at tJie eeting,] And be it further enacted, that when (at any of the eetings aforesaid) any question touching the granting, with- er) The disqnaUfication here mentioned is now set forth for the iposes of this Act in Licensing Act, 1872, section 60. The adjoining mty or town corporate seems to be read distributively, and no great xtj would be required as to which of several adjoining places a itice may for this purpose be taken from. The mie is that a justice ' a county or borough can sit at any sessions within his county or xragh: M. v. Beckley, 20 Q. B. D. 187 ; 52 J. P. 120. » The Cinque Ports Acts are 51 Geo. 3, c. 36 ; 18 & 19 Vict. c. 48 ; k 33 Vict. c. 53 ; 38 & 39 Vict. c. 66, Sched. ; 45 & 46 Vict. c. 50, 200 LICENSING ACT, 1828, s. 12. Appndx. holding, or transferring any license, or the fitness of the | — applying for such license, or of the house intended to be ke such person, shall arise, such question shall be determined I majority of justices not disqualified, who shall be present such question shall arise ; and every license granted und authority of this Act shall be signed by the majority of the ji not disqualified who shall be present when such license ui granted, (a) 10. Notice of application for a license to keep a house as a not previously kept as such. Repealed by Licensing Act, See Sched.(6) 11. Notice of application to transfer a license. B^peal licensing Act, 1872. See Sched.(6) 12. ^'i^y person hindered from attending any Uce meeting by sichness may authorise another ^person to a for him.] And be it further enacted, that if any person inte to apply at the general annual licensing meeting, or at any adj ment thereof, or at any special session, for any license to be gi under the authority of this Act, or for the transfer of an] license, shall be hindered by sickness or infirmity, or by any reasonable cause, from attending in person at any such m€ it shall be lawful for the justices there assembled to gn transfer such license to such person so hindered from atta and to deliver the same to any person then present who sb duly authorised by the person so hindered from attendi 88. 248, 256 ; 46 & 47 Vict. c. 18, as. 13, 14 ; 46 & 47 Vict, c 39, ! The disquahfication referred to formerly set forth in sectioii 6 i that substituted by Licensing Act, 1872, section 60. See also note to 9 Geo. 4, c. 61, s. 1, arite^ p. 194. (a) A justice is not bound to vote, but if he does not intend t or cannot vcte, he should not sit on the bench with other jiwti confusion and irregularity may result from this : M, y, Mf Q. B. D. 173; 40 J. P. 645. If the justices are equally divided they should adjourn the ma) that other justices may attend ; if they do not, the result is eqni to a refusal, and the applicant may appeal accordingly. See i?. t 48 J. P. 440 ; It. v. Carnarvon, 4 B. & Aid. 86 ; B. v. M(mm4mtl 4 B. & C. 844 ; 8 B. & C. 137 ; B. v. Beltan, 11 Q. B. 380. The mode of signing the license is now alternative. See 3! Vict. c. 29, 8. 4, sub-sect. 2 ; Licensing Act, 1872, section 41 sect. 3. (^) There is no particular form of notice specified in any < statutes, but the requirements both as to notices lor new licenses ai transfers of licenses are now contained in the Licensing Ati, section 40, antpf and in 32 &; 33 Vict. c. 27, s. 7, post. 9 GEO. 4, 0. 61, 8. 14. 201 e same, proof being adduced to the satiBfaction of such Appndx. 'ho are nereby empowered to examine upon oath into r of such all^ation, that such person in hindered from by good and sufficient cau8e.(c) mn of license,] And be it further enacted, that every ich shall be granted under the authority of this Act xjording to the form in the schedule hereunto annexed /.), and shall be in force in the counties of Middlesex y from the fifth day of April, and elsewhere from the 'ctober, after the granting thereof, for one whole year spectively next ensuing, and no longer ; and every the purposes aforesaid, which shall be granted at any i or place or in any otlier form than that hereby directed, hereinafter excepted, shall not entitle any person to excise license for selling excisable liquors by retail to 3r consumed on the premises of the person licensed, and tterly void to all intents and purposes.(d) ovision for death, change of occupancy, or other xy — Duration of license granted in event of such cy — Notice required.] If any person duly licensed Act shall (before the expiration of such license) die, or by sickness or other infirmity rendered incapable of Q inn, or shall become bankrupt, or if any person so r the heirs, executors, administrators, or assigns of any licensed, shall remove from or yield up the possewsion se specified in such license ; or if the occupier of any e, being about to quit the same, shall have wilfully : shall have neglected to apply at the general annual aeeting, or at any adjournment thereof, for a license to o sell excisable liquors by retail, to be drunk or con- such house ; or if any house, being kept as an inn by was extended to certificates under the Wine and Beerhouse 34 Vict. c. 29, 8. 4, and is further extended by Licensing section 42. By this Act of 1828, and previous Acts, it was be essential that each applicant should appear in person at meeting, whether he applied for a new license, or a renewal, ir. That is now rendered unnecessary as to renewals in most Licensing Act, 1872, s. 42; Sharpy. H'akejield, 22 Q.B.J). . P. 20 ; 58 L. J. M. C. 57 ; 60 L. T. 130 ; 37 W. R. 187. the applicant need not appear in person, he must send an nessenger, otherwise the justices need not renew the license, d drop. section is repealed so far as regards the form of