c. 94. house allows any intoxicating liquor to be consumed 35 & 36 Vict. on the premises in contravention of this section, he shall be liable for the first offence to a penalty not ex- Penalties. ceeding ten pounds, and for any subsequent offence to Sect. 27. a penalty not exceeding twenty pounds" (c). (a) These houses are those having the excise licence only, viz., coffee-shops open after 10 p.m. and before 5 a.m. (23 Vict. c. 27, s. 6; 24 & 25 Vict. c. 91, s. 8). See also 27 & 28 Vict. c. 64, s. 5, in Chap. XIV. (b) See 37 & 38 Vict. c. 49, s. 3, as to these hours, ante, p. 134, which are to be subject to variation by the licensing justices. (c) Vide Chap. XII. for the mode of recovery of penalty. of law as to houses. Ib. s. 28. Sect. 28. "Every refreshment-house in respect of Amendment which a licence is granted for the sale therein by retail refreshmentof foreign wine, upon which licence an abatement of duty has been allowed under section nine of the act of the session of the twenty-fourth and twenty-fifth years of the reign of her present Majesty, chapter ninetyone, intituled 'An Act to amend the Laws relating to [24 & 25 Vict. the Inland Revenue' (a), shall be closed every night at ten of the clock,—and where other licensed premises in the same place are required by or in pursuance of this act to close at nine o'clock at night, at nine of the clock (b);—and if any person keeping any such refresh- Ib. s. 28. ment-house as is mentioned in this section sells or ex c. 91, s. 9.] To be closed at ten at night, or (if other houses so) at nine. poses for sale in such refreshment-house, or opens or keeps open any such refreshment-house for the sale of intoxicating liquors during the time that such house is directed to be closed by this section, or during such time as aforesaid allows any intoxicating liquor to be consumed on such premises, he shall for the first Penalty in offence be liable to a penalty not exceeding ten pounds, Ib. and for any subsequent offence to a penalty not exceeding twenty pounds" (c). default. (a) The 24 & 25 Vict. c. 91, s. 9, provides that where a person 24 & 25 Vict. has taken out a licence to keep a refreshment-house, not being a c. 91, s. 9. c. 94. 35 & 36 Vict. house open after ten o'clock at night, shall obtain a licence under 23 Vict. c. 27, to sell therein by retail foreign wine, he is to be allowed an abatement of duty according to a stated scale; but he must not keep open his house as a refreshment-house or sell wine or other refreshment after ten o'clock at night; he is to be deemed to keep such house without a licence, or have sold wine without licence, and forfeit the penalties imposed therefor by sects. 9, 19 of the 23 Vict. c. 27; but this licence does not require a magistrate's certificate. Power of justices to (b) This applies to all the present and future licensed refreshment-houses indicated which sell wine, and must now be read in connection with 37 & 38 Vict. c. 49, s. 3, ante, p. 135. (c) See sect. 62 as to evidence of sale and the mode of recovery of penalties, in Chap. IX., p. 157. And as to the record of convictions, see post, pp. 193, 194. Closing Licensed Premises in case of Riot. 35 & 36 Vict. c. 94, s. 23, enacts, 66 Any two jusclose licensed tices of the peace acting for any county or place premises in case of riot. Sect. 23. Penalty. House to be closed by force. where any riot or tumult happens or is expected to happen may order every licensed person in or near the place where such riot or tumult happens or is expected to happen to close his premises during any time which the justices may order ;—and any person who keeps open his premises for the sale of intoxicating liquors during any time at which the justices have ordered them to be closed shall be liable to a penalty not exceeding fifty pounds ;-and it shall be lawful for any person acting by order of any justices to use such force as may be necessary for the purpose of closing such premises.” The power to close houses in these cases was previously given as to alehouses by 9 Geo. 4, c. 61, s. 20; beerhouses, 1 Will. 4, c. 64, s. 11; refreshment-houses, 23 Vict. c. 27, s. 28 (all repealed). Vide Chap. XII. for recovery of the penalty. The last enactment is entirely new. See Form of Order, No. 27, post, p. 151. FORMS. To the keepers of inns, beer-houses, refreshment-houses, every of them. and to each and It appearing to us, the undersigned, two of her Majesty's justices of the peace acting in and for the said [county] of that there is a riot or tumult [or that a riot or tumult is expected to happen] in the parish of aforesaid, we do hereby, in pursuance of section 23 of the Licensing Act, 1872, order and direct that all and every person licensed under the statutes in that behalf to keep and keeping inns, beer-houses, &c. within the said parish of shall close his premises from the hour of next [or on next], of which you and each of you are the on this day, to the hour of on 35 & 36 Vict. c. 94. order to close (27) Justices' houses in case of riot (35 & 36 Vict. c. 94, s. 23). to take notice accordingly. Given under our hands and seals, this [Justices' signatures and seals.] to consider hours of This may be by a separate notice adapted from the Notice (28) Notice of the Annual Licensing Meeting, No. 3, ante, p. 69, or added to it. If added to it, the additional matter may be:-"And notice is hereby further given that at the said [adjournment of the said] general annual licensing meeting the licensing justices there assembled will take into their consideration the expediency of altering the closing hours for licensed premises pursuant to the provisions of sect. 6 of the Licensing Act, 1874." houses (37 & 38 Vict. c. 49, s. 6). At the [adjourned] general annual licensing meeting, &c. [caption as in Licences, in "Appendix I."], duly summoned and held after due notice that the closing hours of licensed premises would be considered thereat: We the undersigned, the majority of the said justices assembled at the said [adjourned] meeting, upon due consideration, do by this our order, made in pursuance of sect. 6 of the Licensing Act, 1874, alter the closing hours therein provided of all licensed premises [in the parish of in the said division in which intoxicating liquors are sold or exposed for sale by retail, and do direct that from and after the day of next [one month from date of order] all the licensed premises [in the parish of ] in the said division shall be closed on Sunday, Christmas-day or Good Friday, during the whole day before the (29) Order of licensing justices altering the hours of closing houses (Ib.). c. 49, s. 6. 37 & 38 Vict. hour of one, and between the hours of three and six in the afternoon, and after the hour of ten o'clock at night.* And we direct that this order shall be advertised by our clerk [twice] in the Gazette, and a copy thereof affixed and served in the same manner as is prescribed by law for giving notice of the holding of a general annual licensing meeting; and that its purport be indorsed on every licence when granted or renewed or transferred. Given under our hands, and seals at the [adjourned] general annual licensing meeting [or special sessions] aforesaid. [Justices' signatures and seals.] Division of Alteration of closing hours for inns, beerhouses, &c. Notice is hereby given, that the licensing justices of the said division assembled at the [adjourned] general annual licensing meeting, held this day at did, after due notice and upon due consideration, make the following order : [Here set out the order No. 29 verbatim, from "We" to the asterisk*.] Dated the day of 187. clerk of the licensing justices. At a petty sessions of her Majesty's justices of the peace for the division of in the [county] of day of 187 : at held It having been duly shown to us the undersigned, two of the justices assembled at the said petty sessions (being the local authority in this behalf), that it is necessary and desirable so to do for the accommodation of a considerable number of persons attending the public market [or persons following their lawful trade and calling of ]; at in the said division, We do, in pursuance of section 26 of the Licensing Act, 1872, order that A. B., of in the said division, a licensed victualler, and keeping the inn known by the sign of the [or a licensed keeper of a refreshment-house], situated in the immediate neighbourhood of the said market [or }, shall be exempt from the provisions of the said act with respect to the closing of his premises, and need not close such premises between the hours of of the clock and of the clock on the morning of any day (except Sunday, Christmas-day and Good Friday, or any day duly appointed for a public fast or thanksgiving), [or if the hours on Sunday, &c. are enlarged, state so, or if the order is for a whole or a fractional part of a day say, day of being a duly appointed day of on the and and c. 94. thanksgiving], from the day of the date hereof until this order 35 & 36 Vict. shall be withdrawn or altered as authorized by the said act [or until the next general annual licensing meeting, as the justices may determine]: provided that this order shall not extend to other persons than those above described. The said is hereby required to affix, and keep affixed, in a conspicuous position outside the licensed premises, a board, on which shall be painted, in legible letters not less than [one inch] in height, a notice in the following form : of : "Notice, pursuant to 35 & 36 Vict. cap. 94, sec. 26. "These premises are permitted to be open between the hours and for the accommodation of persons attending as the case may be]." the [or Given under our hands and seals at the petty sessions aforesaid. [Justices' signatures and seals.] Ib. s. 26. there, do At a petty sessions, &c. [as in the last form, No. 31]. We the undersigned, two of the justices assembled at the said petty sessions (being the local authority in this behalf), upon the application of A. B., of in the said division, a licensed victualler and keeping the inn known by the sign of the " [or a keeper of a refreshment-house in which intoxicating liquors are sold by retail], situate in street, in hereby, in pursuance of sect. 29 of the Licensing Act, 1872, grant to the said A. B. this occasional licence exempting him from the provisions of the said act relating to closing of premises during the hours and on the special occasion [or occasions] hereunder specified (that is to say):-during the hours between in the afternoon of the hour of on the following morning [or as the case may be], in order that the said A. B. may be enabled to sell intoxicating liquors on the occasion of a ball [or as the case may be] to be then held in the said house. the day of and Given under our hands and seals at the petty sessions aforesaid. [Justices' signatures and seals.] (32) Occasional licences ex empting from act as to closing hours on a special occasion (Ib. s. 29). |