certificate.

32 & 33 Vict.

c. 27, 8. 6.

to receive a licence, the description of licence or Form of licences authorized to be granted to him, and whether such licence or licences is or are to be granted for the sale of beer, cider, or wine to be consumed on or off the premises, and the situation of the house or shop in respect of which such grant is authorized. It shall be in force for one year from the date of its being granted" (a). [The portion omitted as to the form in the schedule is repealed by 35 & 36 Vict. c. 94, as sect. 48 of that act provides for the form being prescribed by the secretary of state. See that section, and 33 & 34 Vict. c. 29, s. 4, subs. 2, as to the authentication of licences, set out ante, pp. 64, 65. See No. 8, infra, as to the form of certificate.]

(a) This is now, since the incorporation of 9 Geo. 4, c. 61, and 33 & 34 Vict. c. 29, s. 4, subs. 5, ante, p. 77, governed as to the time of beginning and ending of the period for the licence by the 9 Geo. 4, c. 61, s. 13, ante, p. 63.

FORMS.

application for a licence for sale of

beer, cider or wine.

[Proceed as in the form of notice for an alehouse licence, (7) Notice of No. 4, ante, p. 69, to the ‡, and then say,A licence to hold one or more excise licences* [to sell beer [or cider and perry] by retail, to be consumed on or off, or on and off the premises, in pursuance of the act 11 Geo. 4 & 1 Will. 4, c. 64, and acts amending the same]; [or to sell wine by retail to be consumed on or off, or on and off the premises, in pursuance of the act 23 Vict. c. 27, s. 7, and acts amending the same];

[or to sell beer by retail to be consumed off the premises, in pursuance of the acts 26 & 27 Vict. c. 33, s. 1, and 37 & 38 Vict. c. 49, s. 31];

[or to sell table-beer to be consumed off the premises, in pursuance of the act 24 & 25 Vict. c. 21, s. 3];

thereunto belonging, situate, &c. [concluding as No. 4, ante, p. 69].

N.B.-If the applicant desires a six-day or early closing licence only for consumption on the premises, make the addition pointed out in the Form No. 4, p. 69.

* The descriptions of the licences here stated are those given in the Secretary of State's Forms of Licences referred to at p. 64.

(8) Licences for those purposes.

Licences not

before granted by justices.

No value qualification for houses here named.

These are given in the "Appendix I." amongst the other; licences prescribed by the Secretary of State.

Sale of wine by grocers and other shop-keepers.

(4) Application for and grant of Licences for the Sale of Wine by Grocers and other Shopkeepers; for the Sale of Spirits and Liqueurs by Licensed Dealers or Persons holding a Wholesale Spirit-dealer's Licence; and of Sweets.

23 Vict. c. 27, s. 3.

These licences were not before the 35 & 36 Vict. c. 94, grantable by justices; see the note (g) to the definition of "licence," ante, p. 32. They are not grantable under the Wine and Beerhouse Acts, 1869, 1870, and the provisions of these acts are not applicable to them, unless so provided.

It will be seen by the note on the "Construction of sections 45 and 46" of 35 & 36 Vict. c. 94, ante, pp. 48, 49, that none of the houses named in this division of the chapter, whether now licensed or in future to be licensed, require the new or any annual value qualification. As to wine, see note (d), p. 77.

Sale by Retail of Wine by Grocers and other Shopkeepers.] By the Refreshment Houses Act, 23 Vict. c. 27, s. 3,-" Every person who shall keep a shop for the sale of any goods or commodities other than foreign wine, or who shall have taken out a licence as a dealer in wine (except persons expressly disqualified by this act), shall, without producing or having any other licence or authority [i.e., a justices' certificate], be entitled to take out a licence under this act to sell by retail (a), and in reputed quart or pint bottles only, in such shop, foreign wine not to be consumed on the premises where sold, anything in any former act to the contrary notwithstanding."

by 35 & 36

s. 74.

By the 35 & 36 Vict. c. 94, s. 74 (ante, p. 24), wine As amended being defined with other articles as "intoxicating vict. c. 94, liquor," which cannot, according to the above section, "be legally sold without a licence from the commissioners of inland revenue," a "licence," as also defined by that section, must be obtained from the justices before the excise licence can be granted.

(a) See definition of selling "by retail" in the 23 Vict. c. 27, s. 4, ante, p. 33, Chap. I., note (j).

c. 94.

Sale of spirits by persons holding spirit dealer's

liqueurs or

a wholesale

licence. Regulations as to retail

wholesale

Sale by Retail of Spirits and Liqueurs by Licensed 35 & 36 Vict. Dealers, or Persons holding a Wholesale Spirit Dealer's Licence.] The 35 & 36 Vict. c. 94, s. 68, enacts,-"No person shall sell by retail liqueurs or spirits under the authority of any retail licence which such person shall have obtained as a wholesale spirit dealer from the commissioners of inland revenue (a), sof except in premises occupied and used exclusively for the sale therein of intoxicating liquor, and which premises have no communication with the premises of nor are in any way occupied by a person who is carrying on any other trade or business, unless such person shall have first obtained from the licensing justices a licence authorizing such sale in premises not exclusively so occupied and used” (b).

spirit dealers.

Sect. 68.

sale of liqueurs, &c. by retail not

sumed on the premises.

Sect. 69. "A licence for the sale of liqueurs or spirits Licences for by retail not to be consumed on the premises may, where such licence is required by this act [i. e. under the to be conpreceding section 68], be granted in the same manner in all respects in which a licence for selling wine Sect. 69. not to be consumed on the premises may by law be granted (c), and an application for such a licence shall not be refused except upon one or more of the grounds on which a certificate in respect of a licence to sell by retail beer, cider, or wine not to be con

Seven days' notice of application

only required in 1872.

c. 94, s. 69.

sumed on the premises may be refused (d):-provided that in respect of any such licence for liqueurs or spirits to be granted at any general annual licensing 35 & 36 Vict. meeting, or adjournment thereof, held between the twentieth of August and the end of September in the year 1872, such notices only shall be required to be given, not exceeding seven days' notice as may be prescribed by the licensing justices.

Proviso as to

excise licences granted before 10th

August, 1872.

Provided also, that nothing in this act contained 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 during the continuance of such excise licence” (e).

(a) The retail licence mentioned in sect. 68 obtained by a wholesale spirit dealer is an excise retail spirit licence granted to such dealer (already licensed as such by the excise under the act 23 & 24 Vict. c. 114, and thereby authorized to sell in any 24 & 25 Vict. quantities at one time) under 24 & 25 Vict. c. 21, s. 2, which

c. 21, s. 2.

provides, that " any person duly licensed as a dealer in spirits may take out an additional licence authorizing him to sell by retail foreign or British spirits in any quantity not less than one reputed quart bottle, or, as to foreign liqueurs, in the bottles in which the same may have been imported, not to be drunk or consumed upon the premises," which will enable a licensed dealer. to" send out or deliver any such spirits without the certificate [the permit] required by law in such cases, if the quantity does not exceed one gallon at a time, and such spirits are not sent to the stock of any dealer or retailer;" provided that nothing in this section is to repeal, alter or affect sect. 169 of 23 & 24 Vict. c. 114, which authorizes a licensed spirit dealer to take out an additional licence to sell foreign liqueurs in bottles and to send them out as provided by the 24 & 25 Vict. c. 21, s. 2, as to spirits. A "dealer," as distinguished from a "retailer," is a person not allowed to sell a less quantity at one time than two gallons, not to be consumed at the place of sale. A wholesale dealer is the same person, the word "wholesale" being now added to illustrate the word "dealer" so used in the revenue laws. It will be observed that the 24 & 25 Vict. c. 21, s. 2, includes liqueurs as well as spirits; and, therefore, a wholesale spirit dealer who does not wish to sell every kind of spirit by retail, but only liqueurs, can take out a licence for that purpose under 23 & 24 Vict. c. 114, s. 169, merely. Grocers almost, if not quite exclusively, have, from the peculiar affinity of their business to them, previous to the 35 & 36 Vict. c. 94, taken out their retail spirit licence from the excise under the act of 24 & 25 Vict.

c. 21, s. 2, and their liqueur licence under 11 & 12 Vict. c. 121, s. 9, and 23 & 24 Vict. c. 114, s. 169; for before the new act the law did not notice whether any other trade or business was carried on on the premises in connection with the sale of spirits or liqueurs or not; the object of the new act being, as it appears, to prevent the surreptitious sale of intoxicating liquors at grocers and other shops under the names of other articles. See also note (j), ante, p. 33, as to "sale by retail."

(b) That is, as a shop for the sale of other goods, &c. If the premises are exclusively used as herein stated, then no licence is required from justices. See section 73, subs. 2, ante, p. 23.

(c) See ante, p. 80; but in 1872 seven days' notice only was necessary by the first proviso to this section.

(d) See the grounds set out in 32 & 33 Vict. c. 27, s. 8, ante, p. 76, and note (d) thereto. As to the qualification, see observations at commencement of this division of this chapter.

(e) The premises licensed by the excise before the 10th August, 1872, for the sale by retail of liqueurs, spirits or sweets, will not, therefore, during the existence of their present excise licences, require a justices' licence. The excise licences expire annually on the 6th July. See 37 & 38 Vict. c. 49, s. 23, ante, p. 64.

11 & 12 Vict. c. 121, s. 9;

23 & 24 Vict. c. 114, s. 169.

sweets.

c. 81, and

35 & 36 Vict.

c. 94, s. 74.

Sale of Sweets.] The excise licence for the sale Sale of of sweets or British wines by retail on or off the pre-Geo. 4. mises is granted under the 6 Geo. 4, c. 81, and by the justices pursuant to the 35 & 36 Vict. c. 94, s. 74 (see its definition of "licence," ante, p. 24, and see note (g) thereto, p. 32), which provides that it shall include "a "licence for the sale of sweets (a), which is hereby "authorized to be granted in the same manner as if "sweets were wine" (b).

(a) The 33 & 34 Vict. c. 29, s. 3, defines "sweets" as includ- 33 & 34 Vict. ing "sweets, made wines, mead and metheglin." The wholesale c. 29, s. 3. dealer's licence for sweets is taken out under 23 & 24 Vict. c. 113, s. 7.

(b) The provisions, therefore, of the 32 & 33 Vict. c. 27, 33 & 34 Vict. c. 29 (including the incorporated provisions of the 9 Geo. 4, c. 61), and 35 & 36 Vict. c. 94, set out in Sect. 3 of this Chapter, ante, p. 70, as to the notice of application for a new licence for wine, will now apply to the retail licence for sweets; but no value qualification is required for the premises if they

are not already licensed for the sale of other liquors. By the pro- 35 & 36 Vict. viso to 35 & 36 Vict. c. 94, s. 69, ante, p. 82, a justices' licence is c. 94, s. 69 not necessary for the sale of sweets under existing excise licences. (proviso). The sale of sweets to be licensed hereafter will also be included