CHAPTER II. GRANT OF NEW LICENCES AND CERTIFICATES BY JUSTICES. 35 & 36 Vict. c. 94. now grautable by justices. In the Introductory notes (pp. 11, 12), it is shown that The licences there are eleven descriptions of houses or liquors for which licences are now required to be granted by the licensing justices, and these must be obtained before a licence can be taken out from the excise or commissioners of inland revenue for the sale of the liquors authorized to be dealt in by the keepers or occupiers of such houses. The enactments in this Chapter refer to all those licences, except where otherwise specially mentioned, and all of those granted must be confirmed by the confirming authority before they are valid (see 35 & 36 Vict. c. 94, s. 37, in Chap. III., p. 77, as to counties, and sect. 38 in this Chapter, p. 70, as to boroughs). It will be seen that sect. 74, ante, p. 24, in defining a "licence" includes a certificate, and definitions are also there given (pp. 25, 26, 27) of "a new licence," "licensing justices," "licensing district," and "clerk of the licensing justices," &c. Further, s. 32 of 37 & 38 Vict. c. 49, ante, p. 31, defines an 66 оссаsional licence" and a "new licence." The application to the licensing justices for new Application licences is, as will be here fully explained, to be made in one mode, under the joint enactments of 35 & 36 Vict. c. 40, subs. 1, and 32 & 33 Vict. c. 27, s. 7, as when amended by 33 & 34 Vict. c. 29, s. 4; and such granted. for licences. 35 & 36 Vict. licences can be granted only at the general annual c 94. Grant of licences. General pro viso as to certain existing excise licences. licensing meeting, or any adjournment thereof, as was done before the passing of the 32 & 33 Vict. c. 27, in cases of alehouse and other licences. Subject to confirmation as before stated, the grant of licences for alehouses is in the discretion of the justices; but in the case of beerhouses and places for the sale by retail of beer, cider and wine (32 & 33 Vict. c. 27, ss. 8, 19), or liqueurs or spirits (35 & 36 Vict. c. 94, ss. 68, 69), or sweets (35 & 36 Vict. c. 94, s. 74, definition of "licence"), not to be consumed on the premises, a certificate or licence is not to be refused except upon certain grounds stated in 32 & 33 Vict. c. 27, s. 8. By a proviso tacked on to 35 & 36 Vict. c. 94, s. 69 (the section being given at p. 82), nothing in the act "as to the requirement of a justices' licence shall affect the sale of liqueurs or spirits or sweets under any excise licence granted before the passing of this act [10th August, 1872] during the continuance of such excise licence." It will be convenient to divide this Chapter into the following sections: (1) The Qualifications of licensed Houses and Persons, p. 41. (2) Application for and grant of Alehouse Licences, p. 50. (3) Application for and grant of Certificates for the (5) What Justices to grant and confirm new Licences 35 & 36 Vict. and Certificates in Boroughs, p. 84. (6) Six-day or Week-day, and Early-closing Licences, p. 88. (7) Removal of Licences and Certificates from one House (8) Register of Licences and Certificates granted, &c., C. 94. (1) The Qualifications of Licensed Houses and Persons. tions for Sect. 44. "No licence shall be granted under the Intoxicating DisqualificaLiquor Licensing Acts (a) to any person or in respect licences: of any premises declared by or in pursuance of any of the Intoxicating Liquor Licensing Acts or this act to be disqualified persons (b) or disqualified Persons and premises (c) during the continuance of such disqualification. Any licence held by any person so disqualified, or attached to premises so disqualified, shall be void." (a) These are the 9 Geo. 4, c. 6, and Wine and Beerhouse Acts, 32 & 33 Vict. c. 27, and 33 & 34 Vict. c. 29, as stated in the definition in sect. 74, ante, p. 24. premises. Ib. Disqualified (b) The disqualified persons by the earlier acts are:A sheriff's officer, or officer executing the legal process of any persons. court of justice (9 Geo. 4, c. 61, s. 16);-a person not being a householder assessed to the poor-rates in the parish or place in which he shall be licensed to sell beer by retail (1 Will. 4, c. 64, s. 2); persons convicted of a third offence, &c. under 9 Geo. 4, c. 61, s. 21. or 1 Will. 4, c. 64, s. 13; persons convicted after 7th August, 1840, of felony, or of selling spirits without licence, from selling beer and cider by retail (3 & 4 Vict. c. 61, s. 7); or convicted after 14th June, 1860, of like offences, from selling wine by retail (23 Vict. c. 27, s. 22); persons making use of forged justices' certificate, from obtaining a licence for the sale of beer, cider or wine by retail (32 & 33 Vict. c. 27, s. 11); persons convicted of felony, from selling spirits by retail (33 & 34 Vict. c. 29, s. 14). The disqualified persons by this act are, under sect. 3, selling intoxicating liquors without licence; under sect. 15, permitting the licensed premises to be a brothel; under sect. 19, for adulterating liquors; and under sect. 30, on a third 35 & 36 Vict. conviction, the two previous having been recorded on his licence. See these sections set out in Chapters IX. and X. c. 94. Sect. 44. Disqualified premises. Licences to which ss. 45, 46 apply. Qualification of premises for licences. Sect. 45. Those not before licensed for beer or wine. Ib. Those not be- not being a railway refreshinent room. lb. (c) The instances in which premises have been or may be disqualified are,-on convictions under 1 & 2 Will. 4, c. 64, s. 13, or under the 35 & 36 Vict. c. 94, viz.,-sect. 19, where a licensed person is convicted of adulterating intoxicating liquor; under sect. 30, on his third conviction, the two previous convictions having been recorded on his licence; and under sect. 31, upon a fourth conviction, for any offence within five years, applicable only to persons licensed after 10th August, 1872. See sects. 30 and 31 in Chap. X. As to the licences to which sects. 45, 46, given infra, apply, as much has been written upon and different views expressed of the construction of those obscurelyworded sections in regard to the qualification for licensed premises, already licensed and to be licensed, we propose, after setting out these sections, to give a construction of the whole at the close of the notes to sect. 46, post, p. 48. "Premises to which at the time of the passing of this act no licence* under the acts recited in the Wine and Beerhouse Act, 1869, authorizing the sale of beer or wine for consumption thereupon is attached, shall not be subject to any of the provisions now in force prescribing a certain rent or value or rating as a qualification for receiving any such licence (a). Premises not at the time of the passing of this act licensed for the sale of any intoxicating liquor for consumption thereupon (b) shall not be qualified to receive a licence authorizing such sale unless the following conditions are satisfied: (a.) The premises, unless such premises are a railway refreshment-room, shall be of not less than the following annual value (c): If situated within the city of London or Sic. Should it not be "a licence ?" c. 94. Annual value or towns of Sect. 45. the liberties thereof, or any parish or 35 & 36 Vict. If situated elsewhere and within the limits or in towns habitants; of 10,000 in Ib. Ib. If situated elsewhere and not within any or elsewhere. not authorize the sale of spirits, twelve structurally Ib. New houses licensed for sale for consumption on the premises, to contain a certain num (b.) The premises shall be, in the opinion of the Houses to be licensing authority, structurally adapted to adapted. the class of licence for which a certificate is sought-provided that no house, not licensed at the time of the passing of this act for the sale of any intoxicating liquor for consumption on the premises (e), shall be qualified to have a licence attached thereto, authorizing such sale, unless such house shall contain, exclusive of the rooms occupied by the inmates of such house, if the licence authorize the sale of spirits, two rooms, and if the licence do not authorize the sale of spirits ber of rooms. Ib. |