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ALTERATION OF LICENSED PREMISES.
No substantial structural alterations or enlargements should be made by the publican without the consent of the justices, or he lays himself open to conviction for selling upon unlicensed premises, or, at the least, subjects himself to opposition when he applies for his renewal.
Even in the case of slight structural alterations or enlargements it might be well for the License Holder to inform the police of the district of his intention before commencing such work, as it could do no harm and might save a great deal of trouble and expense.
The extent of the alterations is generally a question of fact, and is left to the absolute discretion of the justices to deal with.
ADULTERATION OF FOOD AND DRUGS.
Sale of Food not of the proper Nature, Substance, and Quality.-No person shall sell, to the prejudice of the purchaser, any article of food, or any drug, which is not of the nature, substance, and quality demanded. Penalty, £20.
Beer.-A dealer retailer of beer must not adulterate or dilute it, or add any matter or thing (except finings for clarification) -penalty £ 50; and beer found to be adulterated shall be forfeited. To mix good beer with an inferior quality of beer is adulteration.
The purchaser must notify to the seller his agent his intention of having the same analysed, and Shall offer to divide the sample into three parts to be separated and sealed.
It is not necessary to prove that the seller knew of the adulteration.
If there is no evidence to contradict the analyst's certificate the justices are bound to act upon it. The word
includes every article used for food or drink by man other than drugs or water.
An inspector appointed under the Food and Drugs Act, or a constable, upon tendering a reasonable price, can insist upon buying any food or drug exposed to sale.--- Penalty on person refusing to sell, £10.
No penalty is incurred in the following cases :
Where any matter or ingredient not injurious to health has been added because the same is required for the production or preparation thereof, as an article of commerce, in a state fit for carriage consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof, if a label is upon or delivered with the article stating that the food or drug is mixed.
It will be a good defence to prove that by adding water spirit has not been reduced
than degrees under proof for brandy, whisky, or rum, or
, 35 degrees under proof for gin.
The seller may, in defence, prove that the article was the same as when he bought it, and that he has a written warranty with it.
A conviction for adulterating drink is entered in the Register of Licenses, and may be recorded on the License, if the justices think fit so to do.
The right of appeal exists in all cases of refusal to renew and transfer Licenses, but not against the refusal of a new grant.
An owner of licensed premises may join in an appeal against the refusal of a renewal along with the License Holder, who is his tenant. A mortgagee may appeal, too, if he is expressly authorised by the Licensee to take all necessary steps to preserve the License, even though the License Holder declines to appeal himself. Any person aggrieved by a conviction
or order may appeal against the same. The aggrieved person
to include only the person who has been convicted or against whom an order has been made.
Therefore the owner in these instances will have no right of appeal. See Title Owner.” As it is seldom, if ever,
that License Holder carries an appeal himself without legal assistance it has been considered scarcely necessary to give the rules and procedure upon an appeal of any kind.
If a solicitor is consulted immediately after the right of appeal accrues, he will give the requisite notices, and carry the matter through.
[The proceedings in appeals are regulated by the Summary Jurisdiction Act, 1879.]
A License for the sale of beer cannot be granted to any but the resident occupier of the premises.
The premises cannot be licensed unless the annual value-[for "Annual Value"
page 20)-of the premises is as follows: In cities, towns &c., containing 10,000 inhabitants
£15 In places exceeding 2,500 inhabitants Elsewhere