(58) Licence of licensing justices granted at annual licensing meeting, &c. exempting refresh ment-houses from certain hours of closing in places where Public House Closing Acts adopted (28 & 29 Vict. c. 77, s. 2). house may be kept open for the accommodation of [or during the hours between one and four o'clock on the in the neighbourhood of the said house.] At [an adjournment of] the general annual licensing meet- of 187 : on the day It having been duly shown to us, the undersigned [two] of the licensing justices acting for the said division, and being the majority of three at the said meeting [or session] assembled, 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 we do, in pursuance of the Public House Closing Act, 1865, grant to C. D., a refreshment-house keeper, now dwelling in street, in the said division, and keeping there a refreshment-house, in the immediate neighbourhood of the said market [or place where the said persons follow their said trade and calling], (but not for the sale or consumption of any intoxicating liquor,) this one licence, exempting him from the provisions of the Public House Closing Act, 1864, between the hours of at night and of the clock in the morning of any day [except Sunday, &c. if so] [or as the case may be] from the day of the date hereof, until this licence shall be withdrawn by the licensing justices of the said division [or until the next general annual licensing meeting for the said division, or as the justices may determine]: Provided that a printed notice stating the days and special hours during which and the class of persons for whom the said house is open under this licence shall be affixed in a conspicuous position outside the said house. Given under our hands and seals at the [adjourned] general annual licensing meeting [or special sessions] aforesaid. [Justices' signatures and seals.] CHAPTER XV. EXCISE PENALTIES AND THEIR RECOVERY. observations. Ir is mentioned at page 24 that the sect. 59 of the Preliminary Licensing Act, 1872, 35 & 36 Vict. c. 94, there given, will not allow persons being punished under that act as well as any other for the same offence, whether an act relating to the excise or inland revenue. The excise penalties we purpose to refer to here are those contained in the acts recited in or repealed by the 35 & 36 Vict. c. 94, it being impossible to include in this work all the excise penalties scattered throughout the statute book relating to exciseable or intoxicating liquors. sell (1) Excise Penalties, infra. (2) Mode of Recovery of Excise Penalties, p. 251. (1) Excise Penalties. 1 Will. 4, c. 64, s. 7, enacts, "That no person shall any beer by retail under the provisions of this act at any time after the expiration of any licence granted under this act, nor in any house or place not specified in such licence :-provided always, that it shall be lawful for any person so licensed to take out a fresh retail licence for the selling beer by retail before the expiration of any former retail licence, and so from year to year; and if any person not being duly licensed to sell beer as the keeper of a common inn, alehouse, or victualling house, shall sell any beer by retail without having an excise retail, licence in force - 8. 7. 1 Will. 4, c. 64, authorizing such person so to do, or after the expiration of any such licence, or without renewing such licence in manner aforesaid, or in any house or place not specified in such licence, or if any such person so licensed shall deal in or retail any wine or spirits,every such person so offending shall for every such offence forfeit and lose the sum of twenty pounds." Ib. ss. 8, 9. Penalty on unlicensed persons selling beer or to be drank A single justices' licence may give permission to take out more than one excise licence, 37 & 38 Vict. c. 49, s. 23. By sect. 8, this penalty is to be recovered, mitigated, &c. as other excise penalties, one moiety being paid to her Majesty, and the other moiety to the informer, but see now, post, p. 253, thereon ;-sect. 9 extends the powers of the Excise Act, 7 & 8 Geo. 4, c. 53, to this act. See 35 & 36 Vict. c. 94, s. 3, and note thereto, ante, pp. 155-157, and 37 & 38 Vict. c. 49, s. 12, ante, p. 217. 4 & 5 Will. 4, c. 85, s. 17, enacts, "That every person not being duly licensed to sell beer, cider, and perry cider by retail as the keeper of a common inn, alehouse, or victualling-house who shall sell any beer or cider or perry by retail, not to be drank or consumed in or upon the house or premises where sold, without having an ex4 & 5 Will. 4, cise retail licence in force authorizing him so to do, off the pre mises, 107.; to be drank on the premises, 201. c. 85, s. 17. shall forfeit ten pounds;-and every person not being duly licensed to sell beer, cider, and perry as the keeper of a common inn, alehouse, or victualling-house, who shall sell any beer, cider, or perry by retail, to be drank or consumed in or upon the house or premises where sold, without having an excise retail licence in force authorizing him so to do, whether such person shall or shall not be licensed to sell beer to be drank or consumed off the premises where sold, shall forfeit twenty pounds;-which said penalties shall be sued for and recovered, mitigated and applied, by the same means and under the same provisions as any other penalty c. 85, s. 17. may be sued for and recovered, mitigated and applied, 4 & 5 will. 4, under any law or laws of excise." See 35 & 36 Vict. c. 94, s. 3, ante, p. 155, and note thereto, ante, p. 157. 4 & 5 Will.4, c. 85, s. 20, recites that "doubts have been entertained whether persons licensed to sell beer or cider under the said act of the first year of his Majesty's reign [1 Will.4, c. 64], who shall sell spirits or wine, or sweets or made wines, or mead or metheglin, without being licensed so to do, are liable to the penalties imposed by the laws of excise for selling spirits or wine, or sweets or made wines, or mead or metheglin, without licence:" and enacts, "That all persons licensed under the said recited act and this act, selling wine or spirits, or any sweets or made wines, or mead or metheglin, shall be liable to and shall incur all the penalties imposed by the laws of excise for selling spirits or wine, sweets or made wines, mead or metheglin, without licence" (a). Persons licensed to cider under to penalties for selling spirits or wine without licence. Ib. s. 20. (a) The penalty for selling spirits without licence is 50%. (6 Geo. 4, c. 81, ss. 26, 27); 1007. (by 23 & 24 Vict. c. 114, s. 195);-selling wine without licence, 207. (23 Vict. c. 27, s. 19, p. 249);-selling sweets, &c. without licence, 507. (6 Geo. 4, c. 81, ss. 26, 27; 23 & 24 Vict. c. 113, s. 7). By sect. 16 of Sect. 16. the act, set out ante, p. 182, it was provided that licences under this act were not to authorize persons to hold licences for sale of wine, and there was a penalty of 201. for permitting wine or spirits or sweets to be consumed on the premises. But now 11. 24 & 25 Vict. c. 91, s. 10, provides that persons licensed to sell 24 & 25 Vict. beer are not precluded from taking out wine licences under c. 91, ss. 10, 23 Vict. c. 27; or if licensed for wine liable to any penalty under the Beer Acts for dealing in wine or sweets, &c. (sect. 11). 3 & 4 Vict. c. 61, s. 7, enacts, "That every person who shall hereafter be lawfully convicted of felony, or of selling spirits without a licence, shall for ever thereafter be disqualified from selling beer and cider by retail, and no licence to sell beer and cider by retail, under the said recited acts [1 Will. 4, c. 64, and 4 & 5 Will. 4, c. 85] or this act shall be granted to any person who shall be so convicted as aforesaid;—and if any such be void on Licences to conviction of selling spirits licence. felony or of without 3 & 4 Vict. c. 61, s. 7. 3 & 4 Vict. c. 61, s. 7. Persons licensed to cider to make entry with the excise. 7 & 8 Geo. 4, c. 53. c. 51. person shall, after having been so convicted as aforesaid, take out or have any licence to sell beer or cider by retail under the said recited acts or this act, the same shall be void to all intents and purposes,-and every person who shall, after being convicted as aforesaid, sell any beer or cider by retail, in any manner whatsoever, shall incur the penalty for so doing without licence (a), and in all such cases in the prosecution for the recovery of such penalty a certificate from the clerk of the peace, or person acting as such, of any such conviction as aforesaid, shall on the trial in such prosecution be legal evidence thereof." (a) The penalties are: 201. under 1 Will. 4, c. 64, s. 7; 107. under 4 & 5 Will. 4, c. 85, s. 17, for sale off; 201. for sale on the premises. As to the temporary continuance of licences forfeited for single offences, see 37 & 38 Vict. c. 49, s. 15, ante, p. 192. Sect. 9 enacts, "That every person whatever retail beer or licensed to retail beer or cider under the said recited act or this act shall, in manner directed by an act passed in the seventh and eighth years of the reign of his late Majesty King George the Fourth, intituled "An Act to consolidate and amend the Laws relating to the Collection and Management of the Revenue of Excise throughout Great Britain and Ireland," and by 4 & 5 Will. 4. another act passed in the fourth and fifth years of the reign of his late Majesty King William the Fourth, intituled "An Act to amend the Laws relating to the Collection and Management of the Revenue of Excise," make entry with the officers of excise of every house, cellar, room, and place for storing, keeping, or retailing beer or cider, on pain of forfeiting the penalties imposed by the said last-mentioned act for making use of any unentered room or place (a);—and all beer and Icider found in any such unentered house, cellar, room, or place shall be forfeited." (a) The penalty is 2007. by 4 & 5 Will. 4, c. 51, s. 6. |