premises. Vict. c. 49, s. 3, ante, p. 135, on the occasion hours on his of a public ball, supper, or show, regatta, &c., &c. at his house or in the neighbourhood, must obtain an exemption licence to sell his articles on his licensed premises out of the metropolis (for the police have authority in the metropolis), from two justices, under 35 & 36 Vict. c. 94, s. 29, ante, p. 147, and, of course, without any additional excise licence being required: 2. A licensed victualler requiring an authority on the Licensed occasion of a public ball, supper, or a show, sport, &c. to sell his liquors or tobacco at another place than his licensed premises, must obtain a certificate from one justice where such other place is situated (whether in or out of the metropolis) under 25 & 26 Vict. c. 22, s. 13, post, p. 271, before he can get the excise three-day licence, which is required for each house, tent, or booth used: victualler desiring to from his sell away premises. or beerhouse siring to from his 3. A licensed refreshment-house keeper whether Refreshment selling refreshments only or wine,- -or a beer- keeper dehouse keeper licensed for consumption on the sell away premises-requiring an authority on the occa- premises. sion of a public ball or dinner, or a sport, show or a public race or fair to sell his liquors, refreshments or tobacco at another place than his licensed premises, must obtain a certificate from one justice where such other place is situated (whether in or out of the metropolis) under 27 & 28 Vict. c. 18, s. 5, post, p. 273, before he can get the excise three-day licence, which is required for each house, tent, or booth used: 4. A licensed refreshment-house keeper in the metropolis, or in those places outside which have adopted the Public House Closing Act, 1864, Refreshmentnot selling liquor, de house keeper intoxicating siring to sell refreshments, &c. on his premises on the occasion of a ball, &c. Refreshmenthouse keeper desiring to sell refreshments, &c. on his premises for the accommodation of markets, &c. desiring to sell refreshments or liquor other than 5. A licensed refreshment-house keeper in the me- quired when the exemption is granted under 6. Any person licensed to sell beer or cider by retail, Lastly. It will appear from the above summary that if the sale is to be on the licensed premises, the exemption order is granted by the local authorities only;—if away from such premises, both a justices' certificate and an excise licence are necessary. licence to ale house keepers only to sell at another place for not exceeding three days on consent of justices. 25 & 26 Vict. c. 22, s. 13, amended by 26 & 27 Vict. c. 33, s. 20. Occasional Licence to Alehouse keepers only to Occasional -sell at another Place for not exceeding Three Days.] The 25 & 26 Vict. c. 22, s. 13, enacts,-"It shall be lawful for the commissioners of inland revenue, whenever they shall consider it conducive to public convenience, comfort and order, and with the consents in writing of two justices [now one justice, see 26 & 27 Vict. c. 33, s. 20, p. 272] of the peace usually acting at the petty sessions for the petty sessional division within which the place of sale is situate, to authorize any officer of excise to grant to any person who shall be duly authorized to keep a common inn, alehouse, or victualling-house, and who shall have taken out the proper excise licences to sell therein beer, spirits, wine, or tobacco, an occasional licence under this act empowering him to sell the like articles for which he shall have taken out such licences as aforesaid at any such other place, and for and during such space or period of time, not exceeding three consecutive days. at any one time (a) as the said commissioners shall c. 22, s. 13. Provisoes. 25 & 26 Vict. approve, and as shall be specified in such occasional licence; and any person who shall have taken out such occasional licence shall not be liable to any penalty or forfeiture whatever by reason or on account of his selling the articles mentioned in the said licence during the time and at the place specified therein ;— provided that no such occasional licence shall authorize the sale of any beer, spirits, or wine, except during the hours after sunrise and before ten o'clock at night [to be limited by the justice granting the licence, 37 & 38 Vict. c. 49, s. 19, infra],—and provided that the said licence shall not protect any such person in the sale of any of the articles herein mentioned, unless he shall at the time of such sale produce such licence when requested to do so by any officer of excise, or by any constable or police officer;-nor shall any such licence be granted for the sale of any of the articles herein mentioned on any Sunday, Christmas Day, or Good Friday, or on any day appointed for a public fast or thanksgiving Alteration by 26 & 27 Vict, c. 33, s. 20: -one justice only necessary; -hours of sale; Ib. Occasional licences,extension of By 26 & 27 Vict. c. 33, s. 20, amended by 37 & 38 Vict. c. 49, s. 19, the above provisions are materially altered; -it recites that "it is expedient to alter and amend the conditions and restrictions upon and under which occasional licences to sell beer, spirits, or wine may be granted and used, as provided by the 13th section of the act 25 & 26 Vict. c. 22," and enacts as follows: "1. That the consent of one justice of the peace, as in the said section mentioned, only, shall be necessary: 2. That the hours during which such occasional licence shall authorize the sale of any beer, spirits, or wine shall extend from [such hour not earlier than sunrise until such hour not later than ten o'clock at night as may be closing. specified in that behalf in the consent given time for 3. That upon the occasion of any public dinner shall have obtained an occasional licence 37 & 38 Vict. c. 49, s. 19. -hours of dinners or sale at public balls. 25 & 26 Vict. under the provisions of the said act to sell c. 22, s. 13. the said liquors during such hours before or after sunrise or sunset as shall be allowed and specified in that behalf in the consent to Vide the form of the justice's certificate consenting to the grant of an occasional licence furnished by the excise, No. 65, post, p. 275. (a) By a regulation of the inland revenue commissioners a licence must be taken out for each house, tent, or booth, if more than one is used; and if the sale is to continue for more than six successive days, the further consent of a justice is required, and another occasional licence taken out for the additional period, not exceeding six days at a time, during which the occasion may last (see 26 & 27 Vict. c. 33, s. 19). licences to house and retailers of another place for not exceeding three days on conjustice. sent of a 27 & 28 Vict. Occasional Licence to Refreshment-House and Occasional Beerhouse Keepers and Retailers of Wine to sell refreshmentat another Place for not exceeding Three Days.] beerhouse The 27 & 28 Vict. c. 18, s. 5, enacts, "It shall be keepers and lawful for the commissioners of inland revenue, when- wine to sell at ever they shall consider it necessary for the accommodation of the public, to authorize any officer of excise to grant (upon payment of the respective duties in that behalf mentioned in Schedule (B.) to this act) an occasional licence in the several and respective cases hereinafter mentioned; (that is to say) to any person who shall have taken out an excise licence under the 23 Vict. c. 27, to keep a refreshment-house, or to sell by retail in a refreshment-house foreign wine to be consumed therein; or an excise licence under the 4 & 5 Will. 4, c. 85, to retail beer to be drunk or c. 18, s. 5. |