35 & 36 Vict. c. 94.

Preliminary observations.

Licensing committee of justices in counties.

Sect. 37.

CHAPTER III.

CONFIRMATION OF GRANT OF NEW LICENCES AND
CERTIFICATES BY LICENSING COMMITTEE.

THE provisions following which provide for the con-
firmation of the grant of justices' new licences and
certificates by a standing licensing committee in coun-
ties, and a similar one in boroughs, before they are in
operation, in lieu of the old mode (now repealed) of
appealing to the quarter sessions against the refusal
of the justices to grant such licences and certificates,
effect a very great change in the law. It follows now
that if the licensing justices refuse to grant such
licences there is no appeal, and the confirming autho-
rity, both in counties and boroughs, cannot interfere.
If the confirming authority refuse to confirm the grant
of the licence there is an end of the matter, for there is
no appeal from their decision; and it will be seen
from 37 & 38 Vict. c. 49, s. 27, ante, p. 76, that
there is no appeal with respect to the grant of new
certificates under the Wine and Beerhouses Acts,
1869 and 1870. There is still, however, the appeal
against the refusal to renew or transfer a licence
under sects. 4 and 14 of the Alehouse Act (9 Geo. 4,
c. 61), given by sects. 27, 28, 29 of that act. See
them set out in Chap. VI., post, pp. 122-126.

The 35 & 36 Vict. c. 94, s. 37, enacts:-"In counties a grant of a new licence shall not be valid unless it is confirmed by a standing committee of the county justices, in this act called the county licensing committee:

of licence to

But a licence to sell any intoxicating liquor for con- Confirmation sumption only off the premises shall not require con- sell liquor not firmation by any authority.

to be consumed on the premises not

required.

37 & 38 Vict.

c. 49, s. 24. -To be

The justices in quarter sessions assembled for every county shall annually appoint from among themselves for the purposes of this act a county licensing committee, or they may appoint more than one such com- appointed. mittee, and assign to any such committee such area of jurisdiction as they shall think expedient.

A county licensing committee shall consist of not less than three nor more than twelve members.

annually

35 & 36 Vict.

c. 94, s. 37.

The quorum of a county licensing committee shall Quorum.

be three members.

Ib.

Any vacancies arising in any such committee from -Vacancies. death, resignation or other causes, may be from time Ib. to time filled up by the justices in quarter sessions by whom the committee is appointed.

Committee

to act for a

year, and

may be re

A county licensing committee shall be deemed to be a standing committee of the quarter sessions by whom they are appointed for the year succeeding their ap- appointed. pointment, and their jurisdiction and proceedings shall Ib. not be affected by the termination of the sessions at which they were appointed. The members of a committee retiring at the end of the year may be re-appointed; and if from any cause members have not been appointed in any year to succeed the retiring members, such retiring members may continue to act as the committee until their successors are appointed. The justices in quarter sessions shall make such regulations with respect to the meetings of any such committee and the transaction of business thereat as business. they may think fit. The clerk of the peace of the county shall by himself -Clerk of or his deputy be the clerk of the county licensing committee or committees, and shall perform all such duties in relation to any such committee or committees as he

-Regula

tions to be

made as to

transaction of

Ib.

the peace to

be clerk of

committee.

Ib.

c. 94.

35 & 36 Vict. is required by law to perform in relation to the justices in quarter sessions assembled.

Sect. 37.

As to new licences granted in 1872.

Ib.

Provided that so far as respects any new licences to be granted in any county at any general annual licensing meeting, or any adjournment thereof held between the twentieth of August and the end of September, in the year one thousand eight hundred and seventy-two, the justices of such county may, at any adjourned quarter sessions or general sessions (if they think fit to hold a general sessions), at any time before the first day of October, one thousand eight hundred and seventy-two, appoint a county licensing committee,— but if no such licensing committee be appointed before such date as last aforesaid the justices of the county in quarter sessions assembled shall be deemed to be the county licensing committee for the purpose of any new licence granted at such annual licensing meeting;-and any such new licence, if confirmed by the county licensing committee, or by the said justices in quarter sessions, shall be in force from the day of the confirmation thereof until the eleventh day of October, 1873."

Vide the "preliminary observations" at the commencement of this Chapter (p. 94) as to operation of this section and the changes made in the law by it.

Respondent, who had held licences granted by the Commissioners of Excise for the sale only of wine and beer for consumption on his premises, in the county of Middlesex, under the authority of the justices' certificates required by the Wine and Beerhouse Act, 1869, applied for and obtained at the general annual licensing meeting in March, 1873, a victualler's or publican's licence in respect of the same premises, under 9 Geo. 4, c. 61, and Licensing Act, 1872. The confirming authority of the county determined that the respondent had not obtained a new licence within the definition in Licensing Act, 1872, s. 74, and therefore did not require a confirmation under that act. Following that determination, a magistrate dismissed a summons against the respondent for selling spirits without being duly

licensed. Held, on case stated, that, notwithstanding the inter- 35 & 36 Vict. pretation clause, this was a new licence under Licensing Act,

c. 94.

1872, and required confirmation under sect. 37. Marwick v. Cod- Sect. 37. lin, 30 L. T. 719; 38 J. P. 452, 518.

firmation of

grant of new

licence. Sect. 43.

-Costs to party.

successful

Sect. 43. "Any person who appears before the licensOpposing coning justices and opposes the grant of a new licence, and no other person, may appear and oppose the confirmation of such grant by the confirming authority in counties or boroughs (a);-and the confirming authority may award such costs as they shall deem just to the party who shall succeed in the proceedings before them (b). In a county the justices in quarter sessions assembled, and in a borough the borough justices, shall make rules as to the proceedings to be adopted for confirmation of new licences and the costs to be incurred in any such proceedings, and the person by whom such costs are to be paid" (c).

Where the confirming authority is a joint committee, that committee shall make rules in pursuance of section forty-three of the principal act as to the proceedings to be adopted for the confirmation of new licences, and as to the costs of such proceedings, and the persons by whom such costs are to be paid.

(a) See ante, p. 62, as to who is entitled to oppose the grant of a new licence, i. e., a licence granted for the first time at a general annual licensing meeting (see sect. 74, ante, pp. 25, 31). The same person, and no other, is here allowed to oppose the confirmation of such grant. See note (c), infra.

(b) These costs will be recoverable before justices summarily from the person opposing under sect. 51, last paragraph, set out in Chap. XII.

(c) The rules as to the proceedings will provide, of course, also for notice being given to the holder and the clerk of the peace of the intention to oppose the confirmation of the grant of the licence.

-Justices to to proceed

make rules as

ings.

Joint commake rules of principal

mittee to

under s. 43

Act.

37 & 38 Vict. c. 49, s. 25.

grant and

Any person interested in any premises about to be Provisional constructed or in course of construction for the pur- confirmation

Q.

F

of licences to new premises.

pose of being used as a house for the sale of intoxicating liquors to be consumed on the premises may apply to 37 & 38 Vict. the licensing justices and to the confirming authority

c. 49, s. 22.

for the provisional grant and confirmation of a licence in respect of such premises; and the justices and confirming authority, if satisfied with the plans submitted to them of such house, and that if such premises had been actually constructed in accordance with such plans they would, on application, have granted and confirmed such a licence in respect thereof, may make such provisional grant and order of confirmation accordingly.

A provisional grant and order of confirmation shall not be of any validity until it has been declared to be final by an order of the licensing justices made after such notice has been given as may be required by the justices at a general annual licensing meeting or a special sessions held for licensing purposes. Such declaration shall be made if the justices are satisfied that the house has been completed in accordance with such plans as aforesaid, and are also satisfied that no objection can be made to the character of the holder of such provisional licence.

A provisional grant and confirmation of a licence shall be subject to the same conditions as to the giving of notices and generally as to procedure to which such grant and confirmation would be subject if they respectively were not provisional, with this exception, that where a notice is required to be put up on a door of a house such notice may be put up in a conspicuous position on any part of the premises.

This section shall, with the necessary variations, extend to the provisional removal to any premises of an existing licence under section fifty of the principal act. See ante, p. 91.