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CA P. LI.

An Act to encourage the Consumption of Beer; and to
amend the Laws for securing the Excise Duties thereon.
[8th July 1823.]

WHEREAS Strong Beer or Ale, or Beer or Ale above Six

teen Shillings the Barrel, exclusive of the Duty by Law imposed on such Beer or Ale, and not being Twopenny Ale ' mentioned and described in the Seventh Article of the Treaty ' of Union with Scotland, which shall be brewed in Great Britain by any Common Brewer, or other Person or Persons who shall 'sell or tap out Beer or Ale publicly or privately, is by Law subject to a Duty of Excise of Ten Shillings for every Barrel 'thereof; and Table Beer, or Beer or Ale of Sixteen Shillings 'the Barrel or under, exclusive of the Duty by Law imposed 'thereon, which shall be brewed in Great Britain by any Com'mon Brewer, or other Person or Persons who shall sell or tap out Beer or Ale publicly or privately, is subject to an Excise 'Duty of Two Shillings for every Barrel thereof: And Whereas it is expedient, for supplying the Public with Beer or Ale of an 'intermediate Strength between Strong Beer and Table Beer, and subject to a proportionate Excise Duty, to make such Pro'vision as hereinafter mentioned:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in

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X 2

this

Beer may be

brewed and sold under the Pro

visions of this Act, subject to Duty of 5s. per Barrel.

Beer to be

brewed in the Proportions herein mentioned with

this present Parliament assembled, and by the Authority of the same, That from and after the Fifth Day of July One thousand eight hundred and twenty three, it shall and may be lawful to and for any Person or Persons, under the Licences, Rules, Conditions and Restrictions hereinafter contained, to brew for sale and sell such Beer or Ale as is hereinafter mentioned, upon Payment of an Excise Duty for the same at and after the following Rate; (that is to say,) for every Barrel, containing Thirty six Gallons Ale Measure, of such Beer or Ale as is hereinafter mentioned, which shall be brewed in Great Britain, to be paid by the Brewer thereof, the Sum of Five Shillings, and so in Proportion for any greater or less Quantity thereof than a Barrel.

II. And be it further enacted, That all such Beer or Ale as shall be brewed or sold in Great Britain under the Provisions of this Act, shall be and the same is hereby required to be brewed in the Proportion of not less than Five Barrels, containing Thirty respect to Malt. six Gallons Ale Measure each, of such Beer or Ale, nor more than Five and a Half of such Barrels, for and from each and every Quarter of Malt which shall be used for the Purpose of brewing such Beer or Ale, and every such Brewer and Brewers shall be charged by the proper Officer with such Duty as aforesaid, at and after the Rate of Five such Barrels as aforesaid at the least, for every Quarter of Malt so used by him, her or them in brewing, or which shall be found at any Time to be deficient in, and on taking an Account of his, her or their Malt Stock, as hereinafter mentioned, and for so much more Beer, not exceeding Five Barrels and a Half for every Quarter of Malt so used, as such Officer shall find and ascertain by or on his Survey to have been made by any such Brewer or Brewers, and so in proportion for any greater or less Quantity; and that all such Beer or Ale sold in Quan- which shall be sold in any Quantity at one Time of Nine Gallons, or One Quarter of such Barrel thereof as aforesaid, or upwards, shall be sold at a Rate or Price not exceeding Twenty seven Shillings the Barrel, and so in proportion for any Quantity greater or less than a Barrel; and that all such Beer or Ale which shall be sold in any Quantity at one Time of less than Nine Gallons thereof, shall be sold at a Rate or Price not exceeding Ten Pence the Gallon, and so in proportion for any Quantity greater or less than a GalBeer of a greater lon; and if any Person or Persons who shall make entry to brew Strength charg- such Beer or Åle as aforesaid under the Provisions of this Act, ed with Duty of 10s. per Barrel.

Beer may be

tities of Nine Gallons and under, at the Rates herein mentioned.

shall brew or cause or permit or suffer any Beer or Ale to be brewed of any greater or less Strength or Quantity than in the Proportions aforesaid, of not less than Five Barrels, containing Thirty six Gallons Ale Measure each, or more than Five and a Half of such Barrels, for and from each and every Quarter of Malt which shall be used for brewing such Beer or Ale, all such Beer or Ale brewed of greater Strength than as aforesaid shall be subject and liable to be charged and shall be charged with Duty at and after the Rate of Ten Shillings for every such Barrel thereof as aforesaid, and so in proportion for any Quantity greater Beer brewed of or less than a Barrel; and if any such Person or Persons as aforeany other Ma- said shall brew any Porter, or shall use, or cause or permit or suffer to be used, in the brewing of any such Beer or Ale as aforesaid, any other Material or Ingredients than Water, Malt, Hops and Yeast, or put into or mix with any such Beer or Ale, or the

terials than

herein described forfeited;

Wort

Wort or Worts thereof, any Water, or any other Material or Ingredient than Hops and the necessary Quantity of Yeast and Fining for such Beer, Ale or Worts respectively, all such Porter, and all such Beer, Ale and Worts respectively, shall be forfeited, and shall and may be seized by any Officer or Officers of Excise; and every such Person or Persons so offending as aforesaid, either by brewing, or causing, permitting or suffering to be brewed, any Beer or Ale of greater or less Strength than as aforesaid, or by brewing any Porter, or by adulterating any such Beer, Ale or Worts as aforesaid, shall for every such Offence for- and Penalty feit and lose the Sum of Two hundred Pounds; and if any Per- 2001. son or Persons shall sell, or cause or permit or suffer to be sold, Selling Beer at any Beer or Ale brewed under the Provisions of this Act in any a higher Price Quantity at one Time of Nine Gallons, or One Quarter of such than herein Barrel thereof as aforesaid, or upwards, at a greater or higher Rate or Price than Twenty seven Shillings the Barrel, and so in proportion for any greater or less Quantity than a Barrel, or any Quantity of such Beer or Ale at one Time, less than Nine Gallons thereof, at a greater or higher Rate or Price than Ten Pence the Gallon, and so in proportion for any greater or less Quantity than a Gallon, every such Person shall for every such Offence Penalty 501. forfeit and lose the Sum of Fifty Pounds.

III. Provided always, That whenever Malt or Hops shall rise to and be of such Price as, in the Judgment of the Commissioners of His Majesty's Treasury for the Time being, to require that the Brewers and Sellers of Beer or Ale brewed or sold under the Provisions of this Act should, according to the Intent and Meaning thereof, be allowed to sell such Beer or Ale at a higher Rate or higher Rates, Price or Prices, than are by this Act specified, it shall be lawful for the Commissioners of His Majesty's Treasury for the Time being, by any Warrant or Order signed by any Three or more of them, to authorize the Brewers of Beer or Ale under the Provisions of this Act, or the Retailers thereof, whilst the Price of Malt or Hops shall be so advanced, to sell such Beer or Ale at and after such greater or higher Rate or Rates, Price or Prices, as shall be limited and expressed in such Warrant or Order, without such Brewer or Brewers or other Person or Persons incurring any Penalty or Forfeiture in respect of such Sale or Sales, during the Time that any such Warrant or Order shall be in force and unrevoked or unaltered; any thing herein contained to the contrary thereof notwithstanding.

mentioned.

When Malt or Hops rise in Price, Treasury Advance of may authorize Price of Beer or Ale.

as Common

IV. And be it further enacted, That all and every Person or Persons brewPersons who shall be desirous of brewing Beer or Ale under the ing such Beer Provisions of this Act, and shall make Entry of any House or to take out Premises for that Purpose as hereinafter mentioned, shall, before such Licences he, she or they shall begin to brew any such Beer or Ale, take Brewers of out and pay for an Excise Licence authorizing such Person or Strong Beer, Persons to brew such Beer or Ale; and that every such Person and be subjec and Persons so making Entry as aforesaid shall be subject and liable to the same to, and shall pay Duty for every such Licence at and after the Regulations. same Rate and Proportion which is by Law imposed on Licences to Common Brewers of Strong Beer; and every such Licence as aforesaid shall be granted at and for such Times, and under, subject and according to the several Laws and Regulations relating to Licences to be granted to Common Brewers of Strong Beer; X 3

and

No Allowances to Brewers taking out Licences under this Act.

Liberty to retail

the Beer on

their Premises,

but no Consumption al

and every such Person and Persons so making Entry and taking out a Licence to brew under the Provisions of this Act, shall in all respects be subject and liable to the same Rules, Regulations, Restrictions, Conditions, Fines, Penalties and Forfeitures (except so far as is expressly altered by this Act) to which Common Brewers of Strong Beer are subject and liable by any Act or Acts of Parliament in force at or immediately before the passing of this Act.

V. And be it further enacted, That no Brewer or Brewers who shall make Entry and take out a Licence to brew under the Provisions of this Act shall be entitled to any Allowance or Abatement of the Duty hereby imposed, or on the Return of such Duty, for or in respect of Waste by Fillings and Leakage of such Beer or Ale, or any other Consideration whatsoever, or shall remove to, take or receive at his, her or their Premises entered for brewing Beer or Ale under the Provisions of this Act, any other Beer, Ale or Porter whatsoever; and that it shall and may be lawful for any such Brewer or Brewers to sell and retail such Beer or Ale at and from such entered Premises, where the same has been brewed, at and after such Rates and Prices respectively as aforesaid, in lowed thereon. any Quantity, not being to be drank or consumed upon the Premises where sold, or in any Shop, House, Outhouse, Yard, Garden, Orchard or other Place adjoining the same, or belonging to or occupied by such Brewer or Brewers, or in which he, she or they shall have any Interest or Concern; and that if any Brewer or Brewers of such Beer or Ale as aforesaid shall remove to, take or receive, at his, her or their Premises entered for brewing Beer or Ale under the Provisions of this Act, any other Beer, Ale or Porter whatsoever, or shall sell or retail any such Beer or Ale at or from any Place or Places other than as aforesaid, and not being a Place duly entered for that Purpose as hereinafter mentioned, or to be drank or consumed upon the Premises where sold, or in any Shop, House, Outhouse, Yard, Garden, Orchard or other Place adjoining the same, or belonging to or occupied by such Brewer or Brewers, or in which he, she or they shall have any Interest or Concern, all and every such Brewer or Brewers as aforesaid so offending shall, for each and every such Offence respectively, forfeit and lose the Sum of One hundred Pounds.

Penalty 1001. Brewers of other Beer to brew Beer

upon taking
out a separate
Licence, and
subject to cer-
tain Conditions,
as to Distances,
in respect of
Storehouses,
Cellars, &c.

VI. And be it further enacted, That it shall and may be lawful for any Person or Persons to brew any Beer, Ale or Porter under the Provisions of any Act or Acts of Parliament in force at or under this Act, immediately before the passing of this Act, and also to brew Beer or Ale under the Provisions of this Act, upon taking out distinct and separate Licences for that Purpose, without incurring any of the Penalties or Forfeitures imposed by this Act for having in his Possession for Sale, at the same Time, Beer or Ale brewed under the Provisions of this Act, and also any other Beer, Ale or Porter: Provided always, that no Brewer or Brewers who shall make Entry to brew under the Provisions of this Act shall be a Maltster or Maker of Malt, or interested or concerned in the making of Malt, within the Distance of One Quarter of a Mile in a direct Line from the Premises entered by him, her or them for brewing Beer or Ale under the Provisions of this Act; and provided, that no such Brewer or Brewers, who shall also be a Brewer or Brewers

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