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A temporary transfer is an authority to carry on the business of a publican until an application can be made for an ordinary transfer of a License, from one person to another, in respect of the same house.
Justices in Petty Sessions are authorised to make this grant in those cases, where they are empowered at Special Sessions, to transfer Licenses.
The temporary transfer will continue until the next Special Sessions for transferring Licenses, and will then expire. In the meantime the notice of transfer stor form of notice &c., see “ Transfers ”] should be given by the person giving up possession of the premises. If, however, there is not sufficient time after obtaining the temporary authority to give the necessary fourteen days' notice, an application should be made on the transfer day for another temporary authority (although it has been doubted whether second temporary transfer can be legally granted to the same person) to continue the business until the next following Special Transfer Sessions, in order to give the necessary notices.
No person must have or keep any house or other place of public resort in Great Britain for the public performance of stage plays without authority by virtue of letters patent from Her Majesty, or without License from the Lord Chamberlain, or from a County Council, or Justices of the Peace where the County Councils have delegated their power of granting those Licenses.
A stage play includes "every tragedy, comedy, farce, opera, burlesque, interlude, melodrama, pantomime, or other entertainment of the stage or any part thereof.'
Every person when going into possession of licensed premises must apply at the next petty sessions for what is called a temporary transfer, to authorise him
the business until of the special sessions appointed by the Justices for transferring Licenses (notice of which is always served yearly upon publicans), the date of which can be obtained from the Justices' Clerk of the district upon application.
Having obtained this authority, the next step is to serve upon one of the overseers of parish or township, and also upon the Superintendent of Police of the district, either by leaving it with him personally or at his residence (not office or police station) a notice signed by the License Holder or his authorised agent in the similar terrns to the following, viz. :
TRANSFER NOTICE. “To the overseers of the poor of the parish (or town. ship) of ............ and to the Superintendent of the Police of the district of
and to all whom it may concern. I., A. B., of
being authorised by virtue of the License granted to at the general annual licensing meeting for special sessions] for division, held at
the day of to sell
[here should be specified the liquors sold), by retail, to be drunk or consumed on or off the premises thereunto belonging, situate at
known by the sign of
........ do hereby give notice that it is my intention to apply at the special sessions to be holden at
in the said division, on the
18......, for a transfer of the abovementioned License to C. D. [state his trade or occupation), now residing at
in the parish of in the county of
who has for six months last past resided at
in the [And if the owner has changed, add : I hereby further state that E. F., of, &c., is
owner of the said house and premises.]
189...." Death, Change of Occupancy, &c. - See
c “Death, &c.”
When the representatives of a dying during the currency of his License think fit to give notice the above form may be altered to suit the occasion. Attention is called to the Title "
* Temporary Transfers.”
The mode of proving the character of the applicant and the time at which such proof is required varies in different places. In some parts the character of the applicant is considered by the Justices upon the application for a temporary authority, and in others it is not gone into until the ordinary transfer is asked for. The practice in any particular place may be ascertained from the police.
A method generally adopted for such proof is by a certificate signed by a few (usually about six) persons signing a form similar to the following :
“ Certificate of Character.-We, the under. signed, inhabitants and ratepayers of the parish for township] of ...... in the county of hereby certify that
who has lately resided at
and carried on the trade or business of
is a fit and proper person to hold a License for the sale by retail of ............ [describe the intoxicating liquors to be sold], at
for which he is about to apply. “ Dated the ... day of
Length of time known applicant.
It is well, perhaps, to remark here that the Justices have the same discretion—not more or less-to refuse a transfer as they have with regard to an application for a renewal. Their discretion is
restricted only in the mentioned under the Title “ Discretion of