35 & 36 Vict. C. 94.

Saving for
indictments,
&c. under
other acts.
Ib. s. 59.

Interpreta

Nothing in this act shall prevent any person from being liable to be indicted or punished under any other act, or otherwise, so that he be not punished twice for the same offence.

This seemingly refers to the penalties under the acts relating to excise and inland revenue (which are excepted by sect. 72, subs. 10, ante, p. 21), and others for the same description of offence or act committed or omitted by the defendant.

Definitions.

In this act, if not inconsistent with the context, tion of terms, the following expressions have the the meanings hereinafter respectively assigned to them; that is to

&c.

Ib. s. 74.

"Intoxica-
ting Liquor
Licensing
Act, 1828,"
9 Geo. 4,
c. 61:

"Wine and
Beerhouse
Acts:"

Ib. s. 74.
Beerhouse
Acts:"

Ib.

"Intoxica

ting Liquors

Licensing
Acts:"

1b.

"Intoxicating Liquor:" Ib.

"Licence:"

Ib.

say,

"Intoxicating Liquor Licensing Act, 1828," means the act of the ninth year of the reign of King George the Fourth, chapter sixty-one, intituled "An Act to regulate granting of licences to keepers of inns, alehouses, and victuallinghouses in England," and includes the acts amending the same (a):

"Wine and Beerhouse Acts" means the Wine and Beerhouse Act, 1869, and the Wine and Beerhouse Act Amendment Act, 1870 (b):

"Intoxicating Liquors Licensing Acts" means the Intoxicating Liquor Licensing Act, 1828, and the Wine and Beerhouse Acts:

"Intoxicating liquor" means spirits (c), wine, beer, porter, cider, perry (d), and sweets (e), and any fermented, distilled, or spirituous liquor which cannot, according to any law for the time being in force, be legally sold without a licence from the commissioners of inland revenue (ƒ):

"Licence" means a licence for the sale of intoxica

ting liquors granted by justices in pursuance of

c. 94.

Sect. 74.

the Intoxicating Liquor Licensing Act, 1828, 35 & 36 Vict. including a certificate of justices granted under the Wine and Beerhouse Acts, and including a licence for the sale of sweets which is hereby authorized to be granted in the same manner as if sweets were wine, and including a licence for the retail of spirits granted to a wholesale spirit dealer by the justices in pursuance of this act (g): "A new licence" means a licence granted at a general "A new annual licensing meeting in respect of premises 1b. not theretofore licensed for the sale of intoxicating liquors (but see 37 & 38 Vict. c. 49, s. 32, post, p. 31):

"The renewal of a licence" means a licence granted at a general annual licensing meeting by way

of renewal :

licence :"

"The relicence:"

newal of a

Ib.

"The transfer of a licence" means a transfer made "The trans

fer of a

in special sessions in exercise of the power licence:"
granted to justices by the fourth section of the Ib.
said act of the ninth year of the reign of King
George the Fourth, chapter sixty-one, intituled
"An Act to regulate granting of licences to
keepers of inns, alehouses, and victualling-
houses in England" (h):

person:"
Ib.

Ib.

"Licensed person" means a person holding a licence "Licensed as defined by this act: "Licensed premises" means premises in respect of "Licensed which a licence as defined by this act has been premises:" granted and is in force: "Unlicensed premises" means premises in respect of "Unlicensed which a licence as defined by this act has not Ib. been granted or is not in force: "Owner of licensed premises" means the person for the time being entitled to receive, either on his own account or as mortgagee or other incum

premises :"

"Owner of mises:"

licensed pre

Ib.

35 & 36 Vict. c. 94.

Sect. 74.

37 & 38 Vict. c. 49, s. 29.

"Licensing district :"

35 & 36 Vict c. 94, s. 74.

"Licensing justices :" Ib.

"Licensing officer :"

Ib.

"Sale by retail:"

Ib.

"County:"

Ib.

66

brancer in possession, the rack-rent of such premises: (but by the Act of 1874, any person possessing an estate or interest in premises licensed for the sale of intoxicating liquors, whether as owner, lessee, or mortgagee, prior or paramount 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.)

Licensing district" means the area for which a general annual licensing meeting is held in pursuance of the Intoxicating Liquor Licensing Act, 1828 (i):

"Licensing justices" means the justices having jurisdiction in respect of the grant of new licences in a licensing district under the last-mentioned act as amended by this act (i):

"Licensing officer" means any officer appointed by

the commissioners of inland revenue to issue or superintend the issue of licences under this act in any place:

"Sale by retail" in respect of any intoxicating liquor means the sale of that liquor in such quantities as is declared to be sale by retail by any acts relating to the sale of intoxicating liquors (j):

66

County" does not include a county of a city or a county of a town, but means any county, riding, parts, division or liberty of a county having a separate commission of the peace and a separate court of quarter sessions:

c. 94.

Sect. 74.

“Borough” means a county of a city, county of a 35 & 36 Vict. town, city, municipal borough, cinque port and its liberties (k), town corporate or other place « Borough:” in which a general annual licensing meeting is Ib. held in pursuance of the Intoxicating Liquors (Licensing) Act, 1828, exclusive of a petty sessional division of a county:

Where a liberty of a county, as defined by this act,

-as to liber

ties:

is not divided into petty sessional divisions (7), Ib.
such liberty shall, so far as respects the pro-
visions of this act with respect to the grant of
new licences, stand in the same position as if it
were a petty sessional division of the county in
which it is geographically situate or with which
it has the longest common boundary:

licensing

Ib.

"Clerk of the licensing justices" means, where the "Clerk of the licensing district is a county or a petty sessional justices:" division of a county, the clerk of the petty sessions for such division ;-and where the licensing district is a county of a city, county of town, city, municipal borough, town corporate, or other place not a county or a petty sessional division of a county, means the clerk to the justices of such county of a city, county of a town, city, borough, town corporate, or place, or other person performing analogous duties to such clerk;—and where there are more persons than one in any county, petty sessional division, or other place filling the office of clerk of the licensing justices as herein before defined, the licensing justices shall determine by which of such persons the register of licences shall be kept (m):

"Town" means any parliamentary or municipal "Town:" borough, Improvement Act district, local go

Ib.

35 & 36 Vict. c. 94.

Sect. 74.

"Local Go

vernment district:"

Ib.

"Improvement Act district:"

Ib.

"Court of summary jurisdiction:"

Ib.

66

vernment district, or other place having a
known legal boundary (n), -and wherever two
or more of the above-mentioned places occupy
portions of the same area, "town" shall be taken
to mean such one of such places as is the
largest in area;-and any premises situate in
more than one town shall, for the purposes of
this act, be deemed to be in such one of the
towns as is the largest in area (but see 37 & 38
Vict. c. 49, s. 33 (4), ante, p. 18, which repeals
this definition, as far as the provisions with
respect to closing and new licences are con-
cerned: for the new definitions see sect. 32 of
the same act, post, p. 30):

"Local government district" means any area subject
to the jurisdiction of a local board constituted
in pursuance of the Local Government Act,
1858 (21 & 22 Vict. c. 98):
Improvement Act district" means any area for the
time being subject to the jurisdiction of any
commissioners, trustees or other persons in-
trusted by any local act, not being a Turnpike
Act or Highway Act, with powers of improving,
cleansing, or paving any part of such district:
"Court of summary jurisdiction" means any justice

or justices of the peace, metropolitan police
magistrate, stipendiary or other magistrate or
officer, by whatever name called (o), to whom
jurisdiction is given by the act of the session
of the eleventh and twelfth years of the reign
of her present Majesty, chapter forty-three,
intituled "An Act to facilitate the performance
of the duties of justices of the peace out of
sessions within England and Wales with re-
spect to summary convictions and orders," in