50. Distress Warrant and Commitments for enforcing Convictions 222 51. Application for Special Case under 20 & 21 Vict. c. 43, Recognizance, Case and Notices.. .. 222 222 54. Notice of such Recognizance 55. Temporary Licence granted by Convicting Justices pending Appeal against Forfeiture of Licence (35 & 36 Vict. c. 94, s. 53) 56. Order cancelling Order disqualifying Premises (35 & 36 Vict. c. 94, s. 56) 57. Occasional Licence exempting House from Closing Act on a 60. Notice of Application for a new Licence 61. Appointment of Transfer Days and Notices thereof 62. Notice of Application to transfer a Billiard Licence 63. Billiard Licence (in Schedule to 8 & 9 Vict. c. 109) 64. Transfer of Licence by Indorsement 224 229 243 244 266 .. 266 266 . 266 65. Justice's consent to grant of Occasional Licence by the Excise (25 & 26 Vict. c. 22, s. 13; 27 & 28 Vict. c. 18, s. 5) 66. Notice of Application for a Music or Dancing Licence THE LAWS AS TO LICENSING INNS, &c. &c. INTRODUCTORY NOTES. of the Licens 36 Vict. c. 94. THE LICENSING ACT, 1872, 35 & 36 Vict. c. 94, Description which came into operation on the 11th August, ing Act, 35 & 1872-the day after it received the royal assent, although it does not claim to be, and in fact is not, a consolidation act, repeals fifteen previous acts, in whole or in part (retaining, however, and making permanent the principal provisions of the Wine and Beerhouse Acts, 1869 and 1870), and is a measure of much importance and usefulness, and but for its want of symmetry in many parts, owing to the numerous amendments made in the bill almost at the last moment, would not fall far short of an ordinary consolidating measure; inasmuch as it places upon one uniform footing the qualifications of houses to be licensed, the several modes which before existed in applying for and granting licences and certificates for alehouses, beerhouses and other places where intoxicating The course of legislation as to publichouses and liquors are sold by retail, and their renewal and transfer, applies the same police regulations as to illicit sales, public order and adulteration of liquors to each; contains uniform regulations for the closing of licensed premises, the mode of recovery of penalties, disqualifying houses, &c., at the same time repealing the enactments which interfered with this uniformity. Upon the whole, although there are many inconsistencies and deficiencies, inevitable under the circumstances, and a want of uniformity of expression in some of the sections, the allusion to the act in her Majesty's Speech on the prorogation of parliament, on the day the act received the royal assent, that “the "enactments embodied in the measure for the "regulation of the licensing system constitutes a "sensible improvement of the existing law," is not a mere compliment paid to the members of the legislature. Without attempting to give a history of the course of legislation as to public-houses and other other places places where intoxicating liquors are sold, it will, intoxicating perhaps, be useful to state the date of the acts which are dealt with in the new act, and their general object or effect: for the sale of liquors. 1828. In 1828, the first act dealt with, 9 Geo. 4, c. 61, which related to inns, alehouses and victuallinghouses, was passed, and it recited that "it is 66 expedient to reduce into one act the laws rela"tive to the licensing by justices of the peace of "persons keeping, or being about to keep, inns, "alehouses and victualling-houses, to sell excise "able liquors by retail, to be drunk or consumed The course of "on the premises:" 66 legislation as to publichouses and other places for the sale of liquors. intoxicating In 1830, the first Beer Act, 11 Geo. 4 & 1 Will. 4, c. 64, was passed, reciting that "it is expedient, for the better supplying the public with beer in 1830. England, to give greater facilities for the sale "thereof than are at present afforded by licences "to keepers of inns, alehouses and victualling"houses:" In 1834, the amended Beer Act, 4 & 5 Will. 4, 1834. c. 85, was passed, and it recited that "much evil "has arisen from the management and conduct of "houses in which beer and cider is sold by retail "under the provisions" of the 1 Will. 4, c. 64, and that it was 66 expedient to amend the provi"sions of the said act in certain particulars :" In 1840, another amended Beer Act, 3 & 4 1840. Vict. c. 61, was passed, which placed further restrictions on beerhouses, and contained various regulations as to the hours of closing them in the metropolis and in the country generally: In 1860, the Refreshment Houses Act, 23 & 24 1830. Vict. c. 27, was passed, which regulated the licensing of refreshment-houses and the granting of wine licences: In 1864, the Public House Closing Act, 27 & 28 1864. Vict. c. 64, which further regulated the closing of public-houses and refreshment-houses, absolutely in the metropolis, but in certain boroughs and districts if they adopted it; at the same time giving power to the local authority to exempt persons from its provisions on special occasions : In 1865, the last-named act was amended, in 1865. |