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GENERAL SALE OF BEER
[Stat. 1 Will. IV. c. 64.]
This Statute, after reciting that it is expedient, for the better supplying of the public with beer in England, to give greater facilities for the sale thereof than are at present afforded by licenses to keepers of inns, alehouses, and victualling-houses, enacts, That from October 10th, 1830, every person may obtain a license to sell beer, ale, and porter, by retail, in any part of England, in any house or premises specified in such license.
The second section then provides, That any person, being a householder, assessed to, and paying the poor's-rate within the parish or place in which he shall be licensed, may obtain an excise license for the sale of beer, ale, and porter, by retail, under this act; but in applications for such license, thj» <^hristian and surname of the party applying for the same must be inserted, with a description of the house and premises in which beer, ale, and porter, is intended to be sold by retail, toge- • ther with the christian and surnames, and the occupation and residence, of the surety or sureties for the party so to be licensed. But the same section disqualifies all sheriffs' officers, or officers executing the process of any court of justice, or persons not being householders, assessed to, and paying the b
poor's-rate in the place in which they shall be licensed to sell beer by retail. And the fifth section provides, That all persons offering themselves as sureties under this act, must be householders, assessed to, and paying the poor's-rate within the parish in which the person licensed shall be resident; and the same section also disqualifies all persons licensed under this act, from becoming sureties under the provisions of the act. The fourth section directs, That one surety for £ 20, or two sureties in £ 10 each, will satisfy the intent of the act.
The license-duty is £2:2; and the license is in force for twelve calendar months from the day of its date. When the parties are to carry on business within the limits of the chief office of Excise in London, the license is grantable by the Commissioners of Excise; but when elsewhere, by the respective collectors and supervisors.—Sect. 2.
Persons trading in partnership are not obliged to take out more than one annual license, provided they do not sell any beer, ale, or porter, in any other house or place than that mentioned in the license.—Sect. 10.
By the sixth section, all persons licensed under this act, are to cause to be painted, in letters three inches at least in length, in white upon a black ground, or in black upon a white ground, publicly visible and legible, upon a board to be placed over the door of the house or premises in which they shall be so licensed, their christian and surnames at full length, together with the words, "Licensed to sell Beer by Retail;" and they must keep up the same during the time they shall continue to be so licensed, on forfeiture of £ 10 for every offence.
And no person shall sell beer by retail, according to the provisions of this act, after the expiration of his license, nor in any house or place not specified in such license. But the act provides, That any person so licensed, may take out a fresh retail license for the selling of beer by retail, before the expiration of any former retail license, and so from year to year. And if any person, not being duly licensed to sell beer, XI
as the keeper of a common inn, alehouse, or victualling-house, shall sell any beer by retail without an excise retail license, authorizing such person so to do, or after the expiration of such license, or without renewing such license, as in manner aforesaid; or in any house or place not specified in such license; or if any such person so licensed shall deal in, or retail any wine or spirits, he incurs a forfeiture of £ 20 for every offence.—Sect. 7.
All persons licensed under this act, are to sell their beer by retail (except in quantities less than half a pint), by the quart, pint, or half-pint measure, sized according to the standard, on forfeiture of the illegal measure, and any sum not exceeding 40s., together with the costs of the conviction.—Sect. 11.
And no persons licensed to sell beer under this act, shall permit any person to be guilty of drunkenness or disorderly conduct in the house or premises mentioned in the license, on forfeiture of the respective sums following: if he transgresses, or is a party in transgressing or neglecting the conditions specified in the license; or if he allows such conditions to be neglected on the premises so licensed, he shall forfeit for the first offence, not less than 40s. nor more than £b; for a second offence, not less than £5, nor more than .£10; and for a third offence, not less than £ 20, nor more than £ 50; and for every third offence, the offender may be disqualified from selling beer by retail for two years; and also the Justices before whom the conviction takes place, may adjudge that no beer shall be sold by retail in the house or premises mentioned in the license.—Sect. 14.
And if any person shall knowingly sell beer, ale, or porter, made otherwise than from malt and hops, or shall mix any drugs or pernicious ingredients with beer sold on his premises, or shall fraudulently dilute, or in any manner adulterate such beer, such offender shall for the first offence forfeit £ 10, and not more than £ 20; for a second offence, be disqualified from selling beer for the term of two years, or shall forfeit £ 20, or be