CHAPTER VII. REGISTER OF LICENCES AND CERTIFICATES GRANTED, ETC. c. 94. of Register of licences to be be kept in district; Sect. 36. records of &c.; THE 35 & 36 Vict. c. 94, s. 36, enacts,- "There shall 35 & 36 Vict. be kept in every licensing district by the clerk the licensing justices of that district a register, to called the register of licences, in such form as may be licensing prescribed by such justices (a), containing the particulars of all licences granted in the district, the premises in respect of which they were granted, the names of the owners of such premises, and the names of the holders for the time being of such licences. There to contain shall also be entered on the register all forfeitures of convictions, licences, disqualifications of premises, records of convictions, and other matters relating to the licences on the register (b). Every person applying for a new licence, or the owner's renewal of a licence, shall state the name of the owner of the premises in respect of which such licence is granted or renewed (c), and such name shall be endorsed on the licence, and the person whose name is so stated shall, subject as hereinafter mentioned, be deemed for the purposes of this act to be the owner of the premises. Ib. name to be stated; Ib. -owner's name may be corrected on register by A court of summary jurisdiction may, on the application of any person who proves to the court that he is entitled to be entered as owner of any premises in justices. place of the person appearing on the register to be the Ib. owner, make an order substituting the name of the 35 & 36 Vict. applicant (d),—and such order shall be obeyed by the c. 94. Sect. 36. -Inspection of register by ratepayer, owners of licensed premises, licensed per sons and officers of in Ib. clerk of the licensing justices, and a corresponding correction may be directed to be made on the licence granted in respect of the premises of which such applicant claims to be the owner. Any ratepayer, any owner of premises to which a licence is attached, and any holder of a licence within a licensing district shall, upon payment of a fee of one shilling, - and any officer of police, and any officer of inland revenue in such district, without payment,-shall land revenue. be entitled at any reasonable time to inspect and take copies of or extracts from any register kept in pursuance of this section for such district ;—and the clerk of the licensing justices and every other person who prevents the inspection or taking copies of or extracts from the same, or demands any unauthorized fee therefore, shall be liable to a penalty not exceeding five pounds for each offence (e). -Penalty for default. Ib. Fee to clerk to justices for registration. Ib. Definition of The licensing justices may, if they think fit, cause the register kept in pursuance of this section to be divided into parts and assign a part to any portion of the licensing district (ƒ);—and there shall be paid by each licensed person to the clerk in respect of such registration the sum or fee of one shilling for every licence granted or renewed" (g). Any person possessing an estate or interest in premises licensed for the sale of intoxicating liquors, 37 & 38 Vict. whether as owner, lessee, or mortgagee, prior or para c. 49, s. 29. mount to that of the immediate occupier, shall, on payment of a fee of one shilling to the clerk of the licensing justices, be entitled to be registered as owner or one of the owners of such premises: provided, that when such estate or interest is vested in two or more persons jointly, one only of such persons shall be registered as representing such estate or interest. (a) The Form No. 26, post, p. 132, is recommended for this register. The Excise also keeps a register of licences under 1 Will. 4, c. 64, s. 1, and 23 Vict. c. 27, s. 16. (b) By sect. 31 (set out in Chap. X., post), other matters are to be entered on the register; and see sect. 57 as to recording one of many convictions. Sect. 58 enacts," The registers of Sect. 58. licences kept in pursuance of this act shall be receivable in As to evievidence of the matters required by this act to be entered dence of therein. Every endorsement upon a licence, and every copy of endorsements and register. an entry made in the registers of licences in pursuance of this act, purporting to be signed by the clerk to the licensing justices and (in the case of a copy) to be certified to be a true copy, shall be evidence of the matters stated in such endorsement and entry, without proof of the signature or authority of the person signing the same." (c) See definition of "owner," sect. 74, ante, p. 25, and in 37 & 38 Vict. c. 49, s. 29, ante, pp. 26, 130. The name of the owner is recommended to be given in the form of notice of application for a new licence, No. 4, ante, p. 69 (Chap. II.). It is placed in the body of the licence prescribed by the Secretary of State, see pp. 290-298. (d) The "Court of Summary Jurisdiction" is not the licensing justices, but the magistrates empowered to convict for offences. See definition, ante, p. 28, and note (0) thereto, p. 33. Notice of the application ought to be given to the person whose name already appears on the register, before such an order is made. (e) Vide Chap. XII. for the recovery of this penalty. (f) As there may be several places of holding petty sessions in a licensing district at which convictions would take place of licensed persons, and the clerk of the licensing justices may not be the clerk of either or all of such petty sessions, the register, as far as record of convictions, forfeitures, &c. are concerned, should be kept by the petty sessions clerk of the place where they are made, and the licensing justices should be informed of them by means of the notice required to be given to their clerk by sect. 55, subsects. 4 and 5 (set out in Chap. X., post). (g) These fees will be in addition to those authorized to be taken for a new or a renewal licence, or a transfer. (26) Register of licences granted, convictions recorded. FORM. Register of licences in the licensing district of Each parish or ward to have a separate heading; or the licences may be entered alphabetically according to the signs of the houses or the names of the holders, as most convenient to the licensing clerk, or for the purposes of dividing the register into parts under sect. 36. CHAPTER VIII. HOURS FOR OPENING AND CLOSING PREMISES, AND The 35 & 36 as to hours and closing Vict. c. 94, of opening houses, ap plies to ale houses, &c. THE 35 & 36 Vict. c. 94, having repealed (as shown ante, pp. 19, 20) the provisions of the previous acts of 9 Geo. 4, c. 61, 3 & 4 Vict. c. 61, 11 & 12 Vict. c. 49, 18 & 19 Vict. c. 118, and 27 & 28 Vict. c. 64 (a), and the Wine and Beerhouse Acts, 1869 and 1870, as to the hours houses, beerof opening and closing the different licensed premises alike. (which were before very dissimilar), provided almost uniform provisions in relation to those hours for all houses in which intoxicating liquors were sold by retail, which came into force throughout the country on the 11th August, 1872. The new provisions were contained in 35 & 36 Vict. c. 94, ss. 23, 24 generally; ss. 27, 28 as to refreshment-houses; and ss. 26, 29 powers to grant exemptions to trades and on special occasions. (a) The previous provisions were, The repealed 9 Geo. 4, c. 61 (in the Alehouse licence) as to the morning provisions. 11 & 12 Vict. c. 49 (Alehouses and Beerhouses), 18 & 19 Vict. c. 118 (Alehouses and Beerhouses), before 1872. There was no limitation before 35 & 36 Vict. c. 94 Alehouses as to hours of closing and opening alehouses on any other day than Sundays, &c., and the following mornings. |