23 Vict. c. 27. out such licence to retail wine under this act, shall not Sect. 7. Qualification of houses. Sale of bottled beer strong beer licences. c. 33. be subject or liable to any penalty or forfeiture under any other act or acts by reason or on account of his selling wine by retail, or having the same in his possession in his entered premises, anything in any other act or acts to the contrary notwithstanding." The value qualification for these houses is given in sect. 8, ante, p. 45. (a) This is to include a beerhouse (24 & 25 Vict. c. 91, s. 10). (b) This is to include the sale of sweets and made wines, mead and metheglin by retail to be consumed there (26 & 27 Vict. c. 33, s. 18); but not spirits (23 Vict. c. 27, ss. 22, 24, 25). F Sale of Bottled Beer by holders of Strong Beer by holders of Licences.] This is an additional licence granted under 26 & 27 Vict. c. 33, s. 1, to those who have taken out an 26 & 27 Vict. excise licence to sell strong beer in casks and quart bottles, authorizing them "to sell beer in any less quantity and in any other manner," viz., in other than four and a-half gallon casks, or two dozen reputed quart bottles at one time, "but not to be drunk or consumed on the premises where sold." Vide the description of it also in recital to 32 & 33 Vict. c. 27, ante, p. 70. The 33 & 34 Vict. c. 29, s. 10, ante, p. 45, gives the qualification, &c. of these premises, and see 32 & 33 Vict. c. 27, s. 8, subs. 4, post, p. 76. Qualification of houses. Additional retail licence may be granted at special sessions for licensing. An additional retail licence to sell beer for consumption off the premises may be granted at any special sessions for licensing purposes to the holder of a strong beer dealer's wholesale excise licence, in the same 37 & 38 Vict. manner and subject to the same conditions in and subject to which it might be granted at any general annual licensing meeting. c. 49, s. 31. Sale of table beer. 24 & 25 Vict. c. 21, s. 3. Sale of Table Beer.] This is a licence to sell by retail table beer to be consumed off the premises, and 66 c. 21, s. 3. No qualifica tion required for houses. by whom to is granted under 24 & 25 Vict. c. 21, s. 3, which pro- 24 & 25 Vict. vides, that "it shall be lawful for any person to take "out a licence for the sale in any house or shop of “table beer, at a price not exceeding the rate of one penny halfpenny the quart, and not to be drunk or "consumed on the premises where sold;" and it shall not be necessary "to the obtaining of such "licence that the said house or shop shall be rated to "the relief of the poor to any amount." As to the whole of the above described licences the Certificates 32 & 33 Vict. c. 27, s. 5, enacts :-" Certificates (a) be granted. under this act shall be granted by the justices assembled at the general annual licensing meeting held in pursuance of an act of the session of the ninth year of the reign of King George the Fourth, chapter sixtyone, intituled 'An Act to regulate the granting of At general licences to keepers of inns, ale-houses, and victual- censing ling-houses in England (b)'—or at some adjournment adjournment. of such meeting held in pursuance of the said lastmentioned act" (c). [The proviso to this section was repealed by 33 & 34 Vict. c, 29, s. 4, subs. 5.] (a) "Licences" may now be read for "certificates." See definition in sect. 74, ante, p. 25. (b) The definition of this is now the "Intoxicating Liquor Licensing Act, 1828." (c) See ante p. 51, et seq., as to the general annual licensing meeting under 9 Geo. 4, c. 61, s. 1, and ante, pp. 57, 58, as to the adjournment, under sect. 3. Certain provisions of the Alehouse Act, 9 Geo. 4, c. 61, have been extended to these licences by the following enactments : "All the The 32 & 33 Vict. c. 27, s. 8, enacts:provisions of the said act of the ninth year of the reign of King George the Fourth, as to the terms upon which, and the manner in which, and the persons by whom, grants of licences are to be made by the justices 32 & 33 Vict. c. 27, s. 5. annual li meeting or Specified pro9 Geo. 4, visions of c. 61, extended to these licences. c. 27. Sect. 8. appeal against. 32 & 33 Vict. at the said general annual licensing meeting (a), and as to appeal from any act of any justice (b), shall, so far as may be, have effect with regard to grants of cer-tificates under this act,-subject to this qualification, that no application for a certificate under this act in respect of a licence to sell by retail beer, cider, or wine not to be consumed on the premises shall be refused, except upon one or more of the following grounds; viz. :: Grounds on which alone beer and wine licences (not to be con sumed on the premises) can be refused. No appeal to quarter sessions in certain (1.) That the applicant has failed to produce satis- (3.) That the applicant having previously held a (4.) That the applicant, or the house in respect of which he applies, is not duly qualified as by law is required (d): Where an application for any such last-mentioned certificate is refused on the ground that the house in respect of which he applies is not duly qualified as by law is required, the justices shall specify in writing to the applicant the grounds of their decision." There shall be repealed so much of section 8 of the Wine and Beerhouse Act, 1869, as incorporates or 36 & 37. Vict. applies any repealed enactment, and no appeal shall be cases. c. 49, s. 27. had to quarter sessions from any act of any justice with respect to the grant of new certificates under the Wine and Beerhouse Acts, 1869 and 1870. (a) See as to the general annual licensing meeting and the justices to attend thereat, ante, p. 51, et seq. Adjournments are also included; see sect. 5, ante, p. 75, and 9 Geo. 4, c. 61, s. 3, ante, pp. 57, 58. (b) As to the appeal in the 9 Geo. 4, c. 61, s. 27, it is now only applicable to the refusal to renew and transfer licences; see Chap. VI., post, p. 122. (c) See Reg. v. Pilgrim, 40 L. J. (N. S.) M. C. 3; 23 Law T., N. S. 410. The applicant need not now, since 35 & 36 Vict. c. 94, s. 42, subs. 2 (in Chap. IV., post, p. 100), give this evidence, as decided in Ex parte Morgan, 23 Law T., N. S. 605. (d) This subs. 4 refers to an applicant disqualified as well as a house disqualified, under enactments prior to this enactment; and now it applies to disqualifications which have taken place since. The value qualification of premises is still required for beer or cider not to be consumed thereon; but it is not required for wine not to be consumed thereon, as 23 Vict. c. 27, s. 8, ante, p. 45, only applies to sales for consumption on the premises: 66 application of 9 Geo. 4, c. 61, to c. 29, s. 4, &c.; By 33 & 34 Vict. c. 29, s. 4 (inter alia), subs. 5 ::- Further Subject to the provisions of this section (which we have given in other parts of this Work), all the provisions of the act of the ninth year of George the Fourth, chapter sixty-one, and acts amending the same, relating to the time for which justices' licences are to be in force (a),—and relating to the fees payable —Fees; for such licences (b),—and relating to the transfer, re- - Transfers, moval, and transmission of such licences (c),-and the grant of licences upon assignment, death, change of occupancy, or other contingency,- and relating to copies of such licences (d),-and relating to grants or Attendance transfers of such licences without the attendance of an applicant who is hindered by sickness, infirmity, or other reasonable cause (e),— shall have effect with regard to certificates granted or to be granted under the principal act [32 & 33 Vict. c. 27] and this act." (a) See 9 Geo. 4, c. 61, s. 13, ante, p. 63. (b) The fees are stated upon new licences in 9 Geo. 4, c. 61, s. 15, ante, p. 66. of applicant Application for licences. Grounds on which wine and beer licences can be refused. Postponing applications. 33 & 34 Vict c. 29, s. 11. Form of certificate. (c) The transfer, &c. of licences under sections 4 and 14 of 9 Geo. 4, c. 61, is treated of in Chap. V., post, p. 107. (d) The like, as to copies under 5 & 6 Vict. c. 44, as amended by 35 & 36 Vict. c. 94, s. 41, post, p. 116. (e) See 9 Gco. 4, c. 61, s. 12, ante, p. 62. The applications for licences will be under the 32 & 33 Vict. c. 27, s. 7, as amended by 35 & 36 Vict. c. 94, s. 40, set out ante, pp. 58, 59. See Form of Notice, No. 7, post, p. 79. See ante, p. 76, 32 & 33 Vict. c. 27, s. 8, for the grounds upon which beer, cider and wine licences only can be refused by the licensing justices. As to postponing applications for licences, 33 & 34 Vict. c. 29, s. 11, enacts :-" Where any applicant for the grant or renewal of a certificate has, through inadvertence or misadventure, failed to comply with any of the preliminary requirements of the principal act [32 & 33 Vict. c. 27] or this act, or any act incorporated therewith, the justices may, if they shall so think fit, and upon such terms as they think proper, postpone the consideration of the application to an adjourned meeting (a), and if at such adjourned meeting the justices shall be satisfied that such terms have been complied with, they may proceed to grant or withhold such certificate as if the preliminary requirements of the principal act [32 & 33 Vict. c. 27, s. 7, as to notice of application, ante, p. 59] had been complied with." (a) This provision appears to override the provisions of 9 Geo. 4, c. 61, s. 3, ante, p. 57, as to adjournments, and to extend the period for holding the adjourned meeting by empowering the justices, apparently, to adjourn an adjourned meeting with respect to the grant, &c. of licences generally, or from day to day, the applications for which have been entertained and partially heard, but the final determination upon which has not been made. The notices of adjournment required by 9 Geo. 4, c. 61, s. 5, would not be necessary in such cases. As to the form of licence, the 32 & 33 Vict. c. 27, 32 & 33 Vict. S. 6, enacts: -"A certificate under this act shall specify the name and address of the person thereby authorized c. 27, 8. 6. |