8. 44. ing or place mentioned or comprised in such lease or 23 Vict. c. 27, contract, or whereby any such house, building or place is prohibited from being used as a public-house, shall be construed to apply and extend to every person who shall be licensed to sell wine to be consumed on the premises under the provisions of this act, and to any house specified in the licence granted to such person. (a) The term "vintner" means one who sells wine generally, and is not restricted to one who sells wine to be consumed on the premises (Wells v. Attenborough, 24 L. J., N. S. 312, Ch.) FORM. At a petty sessions of her Majesty's justices of the peace (56) Order for the division of in the [county] of day of 187 : held cancelling order disqualifying Whereas by the order of J. S. and J. L., esquires, two of her premises (35 Majesty's justices of the peace assembled at a petty sessions held & 36 Vict. c. in and for the said division on the day of last, it was of the Licensin re[as in the duly ordered and declared, pursuant to section Given under our hands and seals at the petty sessions first above mentioned. [Justices' signatures and seals.] N.B.-If the notice, No. 43, ante, p. 199, has been given to the officer of inland revenue and the clerk of the licensing justices of the order disqualifying the premises, a short notice should be sent of the cancellation of it to the same parties. See form of order disqualifying premises, ante, p. 198. 94, s. 56).* Preliminary observations. Definition of "refreshment-house.' Provisions of CHAPTER XIV. AS TO REFRESHMENT-HOUSES IN WHICH INTOXICATING LIQUORS NOT SOLD. THE definition of a "refreshment-house" is contained in 23 Vict. c. 27, s. 6, ante, pp. 71, 72, as amended by 24 & 25 Vict. c. 91, s. 8, which applies to coffee-shops, night-houses, and the like. Many of the provisions of the Refreshment Houses 23 Vict. c. 27, Act, 23 Vict. c. 27, and of the Public House Closing and 27 & 28 Vict. c. 64, and 28 & 29 Vict. c. 77, excepted from repeal in 35 & 36 Vict. c. 94. Acts, 1864 and 1865 (27 & 28 Vict. c. 64, and 28 & 29 Vict. c. 77), in regard to these refreshment-houses, are excepted by the Licensing Act, 1872, 35 & 36 Vict. c. 94, from the repeal by sect. 75 of the acts in the second schedule, ante, p. 20. (1) The Unrepealed Provisions of the Refreshment Houses Act, infra. (2) The Unrepealed Provisions of the Public House Closing Acts, 1864, 1865, p. 241. 23 Vict. c. 27, ss. 18, 30-38, 41, 42, unrepealed. (1) The Unrepealed Provisions of the Refreshment Houses Act. The sections of the 23 Vict. c. 27, repealed by the 35 & 36 Vict. c. 94, but only "so far as such sections relate to the sale of intoxicating liquors, or any offences con- ' nected therewith," are-18, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41 and 42, which we give entire in proper order. Constables and police officers em powered to refreshment visit licensed houses. Ib. s. 18. Penalty for refusing them admittance. Ib. viction, if justices think Sect. 18. "It shall be lawful for all constables and officers of police, when and so often as they shall respectively think proper, to enter into all houses licensed as refreshment-houses under the authority of this act, and into and upon the premises belonging thereto;-and if any person licensed to keep a refreshment-house, or any servant or other person in his employ or by his direction, shall refuse to admit or shall not admit any constable or officer of police demanding admittance into such refreshment-house or upon such premises, the person so licensed shall for the first offence forfeit and pay any sum not exceeding five pounds, together with the costs of conviction, to be recovered before one or more justices of the peace, on information or complaint made within seven days next after the day on which such offence was committed ;-and it shall be lawful for any two or Licence to be forfeited on more justices before whom any such person shall be convicted second confor the second time of any such offence to adjudge (if they shall so think fit) the licence or licences of such offender in respect ft. of such refreshment-house to be forfeited, and that he shall be Ib. disqualified from having any licence granted to him under this act in respect of such house for the space of two years, or for such shorter space of time as they may think proper to adjudge.” Sect. 31. "It shall be lawful for the justices before whom any person holding a licence under this act for the sale of wine by retail shall be convicted of any offence against the tenor of the said licence, or for which any penalty is imposed by this act, if proof shall be adduced to their satisfaction that within two years last preceding such conviction two convictions for any such offence of the same person, or of any other person licensed in respect of the same house or premises, have taken place, to declare the licence granted in respect of the said house or premises forfeited and void, and to adjudge that no licence for the sale of wine shall be granted to any person whatever in respect of the said house or premises for the term of three years from the date of such adjudication, of which adjudication the justices shall give notice to the supervisor of excise ;-and any licence for the sale of wine that may be granted in respect of the said house or premises during the said term of three years shall be null and void." (See also sect. 30, post, p. 233, as to offences against tenor of licence.) Justices may adjudge pr pre qualified for sale of wine on proof that within two years last preceding such third conviction, two convic tions have taken place. Ib. s. 31. 23 Vict. c. 27. Selling liquor, suffering gaming, or bad characters to be in house, &c. Ib. s. 32. Penalties. Witnesses refusing to attend or to give evidence. Ib. s. 38. Penalty. Drunken and disorderly persons re fusing to quit licensed houses on request. Ib. s. 41. Penalty. Sect. 32. "Every person licensed to keep a refreshment-house under this act who shall (without a licence for that purpose) sell or permit or suffer to be sold within such refreshmenthouse any intoxicating liquor,—or shall knowingly suffer any unlawful games or gaming therein, or knowingly suffer prostitutes, thieves, or drunken and disorderly persons to assemble at or continue in or upon his premises, or do, suffer, or permit any act in contravention of his licence [see sect. 30],-shall, upon conviction thereof before two justices, pay for the first offence a fine not exceeding forty shillings,-for the second offence a fine not exceeding five pounds,-and for every subsequent offence a fine not exceeding twenty pounds, or be subject to a forfeiture of his licence, at the discretion of the justices before whom he shall be convicted;-and in case of such forfeiture of his licence, such person shall be disqualified for the space of one year then next ensuing from obtaining a fresh licence;-and such fresh licence, if obtained within the said year, shall be absolutely null and void to all intents and purposes." Sect. 38. "Any person summoned as a witness to give evidence touching any matters arising under this act, either on the part of the complainant or of the person accused, or of any person interested in any such matter, who shall neglect or refuse to appear at the time and place for that purpose appointed, and who shall not make such reasonable excuse for such neglect or refusal as shall be admitted and allowed by justices, or who appearing shall refuse to be examined on oath or affirmation and give evidence,-shall, on conviction, forfeit and pay any sum not exceeding ten pounds for every such offence." Sect. 41. "Any person who shall be drunk, riotous, quarrelsome, or disorderly in any shop, house, premises, or place licensed [for the sale of beer, wine, or spirituous liquors by retail to be consumed on the premises, or (a)] for refreshment, resort, and entertainment under the provisions of this act, and shall refuse or neglect to quit such shop, house, premises, or place, upon being requested so to do by the manager or occupier, or his agent or servant, or by any constable, shall, on conviction thereof before one justice, be liable to pay a fine not exceeding forty shillings;—and all constables are hereby authorized, em (a) The portion within brackets [ ] is repealed. powered, and required, on the demand of such manager, occu- 23 Vict. c. 27. pier, agent, or servant, to assist in expelling such drunken, riotous, quarrelsome, and disorderly persons from such shops, houses, premises, and places." Recovery of Penalties. Constables to assist in expelling them, if required. Penalties excise penal other than ties recover- two justices after offence Sect. 30. "All penalties under this act, except those denominated excise penalties, shall be recovered upon the information or complaint of a constable or other peace officer before two justices acting in petty sessions,-and shall be prosecuted and proceeded for within three calendar months next after the commission of the offence in respect of which such penalty shall be incurred, or within such shorter time as may be herein limited with regard to any particular penalty (a);—and every person licensed under this act to retail wine, to be consumed on the premises (b), who shall be convicted before two justices so acting in and for the division or place in which shall be situate the house kept or theretofore kept by such person, of any offence against the tenor of the licence to him granted under this act (c), or of any offence for which any penalty is imposed by this act, shall, unless proof be adduced to the satisfaction of such justices that such person had been theretofore convicted within the space of twelve calendar months next preceding of some offence against the tenor of his licence or against this act, be adjudged to be guilty of a first offence against the provisions of this act, and First offence. to forfeit and pay any penalty by this act imposed for such Ib. offence, or if no specific penalty be so imposed then any sum not exceeding five pounds, together with the costs of the conviction; -and if such proof as aforesaid shall be adduced that such person had been previously convicted within the space of twelve calendar months next preceding of one such offence only, such person shall be adjudged to be guilty of a second offence against Second the provisions of this act, and to forfeit and pay and penalty by this act imposed for such offence, or if no specific penalty be so imposed then any sum not exceeding ten pounds, together with the costs of the conviction;—and if such proof as aforesaid shall be adduced that such person had been previously convicted within the space of eighteen calendar months next preceding of two such separate offences, and if proof shall be adduced to the satisfaction of the justices that such person so charged is guilty of the offence charged against him, such person shall be adjudged offence. |