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THE PUBLICANS' MANUAL.
BRIEF HISTORY OF THE LICENSING
The first Act, regulating the Liquor Trade, was one passed in the reign of Edward VI., which made it necessary for all persons, intending to sell intoxicating liquors, to obtain the consent of the Magistrates. Thus, it will be observed that in a period so early, the Holder of a License possessed a valuable monopoly.
Coming to more recent times, viz., the Reign of William IV., in the year 1830, an Act was passed, which invaded that monopoly, and allowed any Householder, entering into a bond for the payment of certain penalties, to sell by retail, Beer or Cider, without procuring a Magistrate's Authority, and without any restrictions as to the place of sale, or consumption.
Following closely on the track of the last mentioned enactment, came another one, dividing the trade into two classes, viz. (a) Those who sold beer to be consumed on the premises, and (b) Those who sold beer to be consumed off the premises. In 1840, another Act (3 and 4 Vic., c. 61) prescribed
4 a rating value to Licensed Premises, and in the meantime other Acts were passed, but it is not necessary to notice these-at all events here.
During the year 1860, fresh inroads were made upon the privileges of Licensed Victuallers, by 23 Vic., c. 27, which permitted anyone, holding a License as a Refreshment-House Keeper, to take out a License for the sale of wine, by retail, to be consumed on the premises, and also allowed shopkeepers to retail wine in bottles, to be consumed off the premises.
Numerous complaints arose, respecting the conduct of persons who obtained these retail Licenses without Magistrates' Certificates, and the result was the passing of two Acts, 32 and 33 Vic., c. 27, and 33 and 34 Vic., C. 29, by which both classes of the trade referred to, were brought under the control of the Magistrates, and all persons selling intoxicating liquors (except wholesale dealers in spirits having Licenses to retail in bottles, and who sold nothing but intoxicating liquors, and wine merchants) were obliged to obtain a Magistrate's Certificate.
Then came the Licensing Acts, 1872 and 1874.
EPITOME OF THE ACT OF 1872.
An Act for Regulating the Sale of Intoxicating Liquors.
Section 1, [Short Title]. --This Act may be cited as “The Licensing Act, 1872."
Section 2, (Extent of Act).—This Act shall not extend to Scotland.
Section 3, [Selling Intoxicating Liquors without a License,] Provides that no person shall sell, or expose for sale by retail, any intoxicating liquors at any place where he is not authorised to sell the same.
The penalty or first offence is £50, or one month's imprisonment with hard labour ; second offence £100, or three months' hard labour, and the offender may, by order of the Court, become disqualified for any term, not exceeding five years, from holding a License for the sale of Intoxicating Liquors. Third offence involves a still more severe penalty. The Court have power to order all intoxicating liquors found upon the premises, and the vessels containing the same, to be forfeited.
As to alteration and enlargement of licensed premises, see under that title.
Death or Bankruptcy of License Holder.---If the Holder of a License dies or becomes a Bankrupt during the currency of his License, his executors, administrators, or assigns, or a Trustee in Bankruptcy, will not be liable to a penalty for selling or exposing for sale, if application is made at the next Special Sessions for a Transfer. Notices should be given by the executors, administrators, or assigns, or the Trustees in Bankruptcy, viz., 14 clear days. If there is not time to give the required notices before the following Special Transfer Sessions, application may be made to the next Special Sessions afterwards, and exemption from penalty will still survive. This obviates the necessity of applying in the above cases at a Petty Sessions for a Temporary Transfer. An heir, although a minor, is exempt from penalty in such cases.
[This exemption applies to all persons requiring a Justices' License].
Hawking and Selliug Spirits.--Hawking, selling, or exposing for sale any spirits, otherwise than on the premises where licensed to sell the same-penalty, £100. Spirits shall be forfeited.
Section 4, [Occupier of Unlicensed Premises]. -The occupier of premises not licensed is liable to the same penalties for selling intoxicating liquors thereon, as persons are liable to for selling without a License. [See section 3].
Section 5, [Off License). — The Holder of a License for sale for consumption off the premises, if, with his privity or consent, any purchaser drinks intoxicating Liquors on the licensed premises where the same is sold, or on any highway adjoining, or near such premises, is liable to a penalty of £10 for the first offence and £20 for second or subsequent offence. [License may be endorsed]
The expression where the same is sold includes any premises adjoining or near the premises where Liquor is sold if belonging to the seller or under his control or used by his permission.
No offence is committed by the License Holder, if the person insists upon drinking on the premises contrary to his wish.
Section 6.-If the Holder of an Off License himself takes, or carries, or employs, or suffers any other person, to take or carry any intoxicating liquor from the licensed premises, for the purpose of being sold on his account, or for his benefit, or profit, and of being drunk or consumed in any other house, tent, shed or other building, belonging to such licensed person, or hired, or occupied by him, or on or in any place whether a public thorougfare or not, such intoxicating liquor is to be deemed to have been consumed by the purchaser thereof, on the licensed premises, with his privity and consent.
If it can be proved that the liquor was taken to certain premises with a view to evade the law, this is sufficient to constitute the offence. If the intoxicating liquor is sold on the licensed premises, and is taken to other premises to be consumed, this provision does not apply.
The penalty is the same as is provided upon conviction under section 5.
Section 7.-See Title, " Children : Sale of Spirits to
“ children apparently under the age of 16 years." Section 8, [Measures).
. All Intoxicating Liquors sold by retail, and not in cask or bottle, or in quantities less than half-a-pint, must be sold in measures marked to the Imperial Standard.
Every measure of capacity must have the denomination stamped on the outside in legible figures and letters.