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Chapter II. Grant of New Licences and Certificates

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by Justices, p. 39.

III. Confirmation of Grant of New Licences

and Certificates by Licensing Committee, p. 94.

IV. Renewal of Licences and Certificates

by Licensing Justices, p. 100.

V. Transfer of Licences and Certificates by Licensing Justices, p. 107. VI. Appeal to Quarter Sessions against Licensing Justices' Refusal to renew or transfer a Licence or Certificate, p. 122.

VII. Register of Licences and Certificates granted, &c., p. 129.

VIII. Hours for Opening and Closing Premises, and granting Exemptions, p.

133.

IX. Penalties, &c. incurred by Licensed
Persons for Offences, p. 154.

X. Repeated Convictions and recording
same, Forfeitures and Disqualifica-
tions, &c., p. 187.

XI. Penalties incurred by Unlicensed Persons for Offences, p. 201.

XII. Mode of Recovery of Penalties, &c. (except Excise), and Appeals, &c.,

p.210.

XIII. Protection of Owners of Licensed Premises, p. 225.

XIV. As to Refreshment-Houses in which

Intoxicating Liquors not sold, p. 230.

Chapter XV. Excise Penalties and their Recovery,

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p. 245.

XVI. As to Billiard Licences, p. 256.

XVII. Occasional Licences not within the
Licensing Act, 1872, p. 268.

XVIII. Miscellaneous Licences granted by Jus-
tices, and other Matters, p. 278.

CHAPTER I.

PRELIMINARY MATTERS, DEFINITIONS OF TERMS, &C.

35 & 36 Vict. THE 35 & 36 Vict. c. 94, "An Act for regulating the

c. 94.

Preamble.

Short title.

Ib. s. 1.

37 & 38 Vict. c. 49, s. 1.

Commencement of Act. Ib. s. 2.

Sale of Intoxicating Liquors,” which came into operation on the 11th August, 1872, the day after it received the royal assent, recites that "it is expedient to amend the law for the sale by retail of intoxicating liquors, and the regulation of public-houses and other places in which intoxicating liquors are sold, and to make further provision in respect of the grant of new licences for the sale of intoxicating liquors, and the better prevention of drunkenness."

Preliminary.

This act may be cited as "The Licensing Act, 1872."

The 37 & 38 Vict. c. 49, "An Act to amend the Laws relating to the Sale and Consumption of Intoxicating Liquors" amends "The Licensing Act, 1872," referred to as the principal act, and enacts that it and the principal act shall, so far as is consistent with the respective tenors of such acts, be construed as one act, and may be cited together as "The Licensing Acts, 1872-1874;" but the 37 & 38 Vict. c. 49, may, if necessary, be cited separately as "The Licensing Act, 1874."

2. The 37 & 38 Vict. c. 49, reciting that "it is expedient to amend the Licensing Act, 1872," came into operation as to the provisions relating to hours of closing (not being provisions relating to the grant of earlyclosing licences) (see post, p. 89), and as to the provision repealing section 24 of the principal act, on the 10th of October, 1874, and not before, and as to the re

mainder immediately on the passing of the act, i. e. 37 & 38 Vict. the 30th July, 1874.

The Act of 1872 does not extend to Scotland, but to England and Ireland only. The portion relating to Ireland is, however, omitted from this work.

Repeal.

c. 49.

Extent of

Act.

35 & 36 Vict.

c. 94, s. 2.

Acts men

second

The several acts set forth in the second schedule Repeal of hereto shall be repealed to the extent to which such tioned in acts are therein expressed to be repealed, and in par- schedule. ticular there shall be repealed so much of the Wine Ib. s. 75. and Beerhouse Acts as make such acts temporary in their duration (a), and the said acts shall henceforth be perpetual.

Provided that the repeal enacted in this act shall Proviso. not affect

(1.) Any security given before this act comes into

operation (b):

(2.) Anything duly done before this act comes into operation (b):

(3.) Any right acquired or liability accrued before this act comes into operation (b):

(4.) Any removal of a licence or certificate in pursuance of the second section of "Intoxicating Liquor Licensing Suspension Act, 1871" (c): (5.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this act comes into operation (b):

(6.) The institution of any legal proceeding or any other remedy for ascertaining, enforcing, or recovering any such liability, penalty, forfeiture, or punishment as aforesaid.

[The proviso to this section which relates to houses licensed for billiards is given in Chap. XVI., post, p. 260.]

37 & 38 Vict. C. 49.

Ib. s. 33.

Ib. ss. 4, 12.

By sect. 33 of the 37 & 38 Vict. c. 49, there are repealed the sections of the principal act relating to the following matters; that is to say,

(1.) Sections 19 to 22, both inclusive, relating to
adulteration, and the first schedule to the
principal act;

(2.) Section 24, relating to hours of closing; and
(3.) Section 35, relating to entry on premises by
constables; and

(4.) So much of sections 5, 6, 13, 14, 16, 17, and

28 as relates to the records of convictions on licences, and of section 74 as contains the definition of a town for the purposes of the provisions with respect to closing and of a new licence.

(5.) The last paragraph of section 56, beginning with the words "In a county the justices"

to the end of the section.

Provided that the repeal enacted in this act shall not affect

(1.) Anything duly done or suffered under any enactment hereby repealed:

(2.) Any right or privilege acquired or any liability incurred under any enactment hereby repealed:

(3.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of

any offence against any enactment hereby repealed.

By sects. 4 and 12 of the same act, section 26, as far as it provides for granting certain exemptions to premises near theatres, and the whole of section 67, are repealed.

(a) These were 32 & 33 Vict. c. 27, s. 22, and 33 & 34 Vict.

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