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Section 35, [Entry on Premises by Oonstable].—Repealed by the Act of 1874. See Title 'Constables."
Section 36, [Register of Licenses]. – A Register is to be kept by the Clerk to the Licensing Justices containing certain particulars.
A Court of Summary Jurisdiction shall insert name of any person proving himself to be the owner of any licensed premises.
Any ratepayer, owner of premises, or Holder of License, may inspect and take extracts from this Register, upon payment of fee of is.
A licensed person pays a shilling for registration. (The sum is included in the Renewal Fee).
For definition of “ Owner see that Title.
Section 37, (Confirmation of New Licenses, &c.]-In counties the grant of a new License shall not be valid unless confirmed by a standing committee of the County Justices in the above Act called “The County Licensing Committee.” No confirmation is necessary for a new Off License.
The confirming authority have the same discretion as the Licensing Justices, and in all cases their discretion is absolute. They are bound to hear all competent objections, but
not bound to hear anyone who did not object when the matter came before the Licensing Justices. , There is no appeal to Quarter Sessions upon the refusal of the grant of new License or Certificate. See Confirmation of Licenses."
Section 38.--This section
similar to those in the last-named section, but in rega. to Boroughs.
Sevion 39, (Stipendiary Magistrates). This sectio.. gives certain powers to Stipendiary and Metropolitan-Pc.ice Magistrates.
Section 40, (Regulations as to new Licenses and Transfer of Licenses). See Titles License” and “Transfer” respectively.
Section 41, [As to Licenses Lost, Mislaid, or wilfully With-held).-See Title “Licenses lost, &c.”
Section 42, Provisions as to Renewal of Licenses).-See Title “Renewal of Licenses." Section 43, [See Title, “Confirmation of
Section 44, [Disqualification for License). -A License must not be granted to any person in respect to premises which have become disqualified. If License is granted it will be void. The disqualification of premises is always limited to a term of years; when the term has expired a License may be granted.
Section 45, [Qualification of Premises : Annual Value). - Where there was a License in respect of premises granted by virtue of Acts recited in Wine and Beerhouse Act, 1869, in force authorising the sale of beer and wine for consumption on the premises, none of the provisions in force prescribing a certain rent or value or rating as a qualification shall apply.
Qualification of Premises for Licenses. – Premises not at the time of the passing of this Act licensed for the sale of any intoxicating liquor for consumption thereupon shall not be qualified to receive a License authorising such sale unless the following conditions are satisfied :
(a) The premises, unless such premises are a rail
way refreshment room, shall be of not less than the following annual value :
If situated within the city of London, or
the liberties thereof, or any parish or place subject to the jurisdiction of the Metropolitan Board of Works, or within the four mile radius from Charing Cross, or within the limits of a town containing a population of not less than one hundred thousand inhabitants, £50 per annum ; or if the License. do
not authorise the sale of spirits £30 per an
If situated elsewhere and within the limits
of a town containing a population of not less than ten thousand inhabitants, £30 per annum ; or if the license do not authorise the sale of spirits, £20 per
If situated elsewhere and not within any
such town as above mentioned, £15 per annum ,
if the License do not authorise the sale of spirits, £12 per
(6) The premises shall be, in the opinion of the
licensing authority, structurally adapted to the class of License for which a certificate is sought : Provided that no house, not licensed at the time of the passing of this Act for the sale of any intoxicating liquor for consumption on the premises, shall be qualified to have a License attached thereto authorising such sale, unless such house shall con. tain, exclusive of the rooms occupied by the inmates of such house, if the License authorise the sale of spirits, two rooms, and if the license do not authorise the sale of spirits one room, for the accommodation of the
There are houses, namely, table-beer houses, and houses licensed to sell wine for consumption off the premises, and also for liqueurs and sweets under section 69 of this Act, which never were subject to any rating or value qualification, and as to which this paragraph does not apply.
The above section says in effect as to all houses (alehouses, beerhouses, and winehouses) to be licensed for the first time after roth August, 1872, for the sale of liquor to be consumed on the premises, that the valuation qualification in this clause is to be applicable, that
is to say, in the metropolis and towns above 100,000 population, £50 annual value &c. are also to have at least one public room if for sale of beer, and two public rooms if for sale of spirits. As regards alehouses licensed under 9 Geo. 4, C. 61
there was no valuation qualification required by that or any other Act. Though, therefore, all alehouses to be licensed for the first time since 1872 will require the valuation in the latter part of the section, still these which were licensed in 1872 will continue to
be exempt from such valuation qualification.
Section 46, [Annual Value). --- Reciting that in certain
License under the Wine and Beerhouse Acts, 1869 and 1870, is not to be granted unless the house and premises are of such rent and value and are rated to the Poor Rate on a rent or annual value of such amount, as is respectively in that behalf stated in the Wine and Beerhouse Act, 1869: And that it is expedient to substitute in such
annual value" for the said rent value rating, and to provide for ascertaining the annual value of such heuse and premises. It was enacted that in cases not provided for by the last-mentioned section a License under the Wine and Beerhouse Acts, 1869 and 1870, should not be granted in respect of any premises which were not, in the opinion of the Licensing Justices, of such annual value as is mentioned in that behalf in the Acts, recited by the Wine and Beerhouse Act, 1869. Those Acts fo be construed as if "annual value” were therein substituted for "rent,” “ value,” “rated on a rent or annual value,” and other like expressions. Then follows a provision that at the General Annual Licensing Meeting next after the passing of the above Act the Licensing Justices might renew Licenses, where "annual value” not sufficient, but could require the premises to be im.