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Licensed victuallers by virtue of their Licenses are allowed to keep Billiard Tables.
Persons who hold beer licenses simply, and any other persons, whether licensed or not for the sale of intoxicating liquors (except licensed victuallers), if they desire to keep billiard tables must take out Billiard Licenses.
The mode of procedure for this License, the transfer and renewal thereof, and the justices' discretion as to granting is the same as in an application for grant, transfer, or renewal
of victualler's License.-See “New Licenses."
A billiard License includes billiard-tables, and bagatelle-boards, or instruments, used in any game of a like kind. The fees are 6s.
The holder of such a License is liable in most cases to the same penalties as the publican, and subject generally to the same hours and regulations.
The playing of billiards must not take place on the premises of a licensed victualler during closing hours, and a lodger, although he may be served with liquors, cannot be allowed to play billiards
&c., during that period. The playing of billiards &c., is not to be allowed between the hours of a.m. and 8 a.m., nor at any time on Sunday, Christmas Day, or Good Friday.
There is a right of appeal against a conviction for an offence against the tenor of a billiard License, as in cases of conviction of a publican of any other offences against the Licensing Acts.
Sale of Intoxicating Liquors upon. — No intoxicating liquors shall be sold by retail on board any boat &c., lying at anchor, within the Metropolitan police district, during the hours and times, on Sundays, Good Friday," and Christmas Day, during which licensed victuallers are by law obliged to keep their houses closed.
A person holding a License for the sale of intoxicating liquors, to be consumed on the premises, is exempt from the penalty relating to keeping open during prohibited hours &c., in the case of supplying a “bonâ-fide traveller ;” although this exemption, as elsewhere stated, does not apply to six-day Licenses, nor to off Licenses, nor to sale at railway stations.
In any proceedings against a licensed person for infringing the rules as to hours of closing if he can prove that the person supplied was a bonâ-fide traveller this will be sufficient answer to the charge, and even if he cannot go thus far, but is able to satisfy the court that he truly believed the purchaser was a bonâfide traveller, and further, that he took all reasonable precaution to ascertain whether or not the purchaser was such a traveller, the justices should dismiss the
Where a purchaser falsely represents himself to be a traveller proceedings may be taken against him under Section 25 of the Act of 1872.
A person shall not be deemed to be a bonâ-fide traveller unless the place wh:re he lodged during the previous night was at least three miles distant, calculated by the nearest public thoroughfare. Though the person slept three miles
away the previous night it does not follow that he is entitled to be served, the justices having still to find whether he had
to the place with the sole object of getting drink, and if he had he is not a .“ bonâ-fide traveller."
Neglect of a servant contrary to the master's instruction to ask if the person supplied was a traveller will not render the keeper of the house liable. But this will depend whether the servant was a manager or not.-Copley v. Burton, 22 L.T., 888; and Bond v. Evans, 52 J.P., 613
A lodger in a licensed house is not allowed to play billiards after closing time, nor can he be allowed to carry on gaming or play at unlawful games.
In a recent case-Cowap v. Atherton, 57 J.P., 8a railway porter left home to reach work at a railway station 372 miles distant. During an interval between his work he walked a mile further on to get some liquor at an inn, during the ordinary prohibited hours, which he
he returned to his work. He then went home. The innkeeper was charged with supplying intoxicating drink to the porter, he not being a bonâ-fide traveller. The justices convicted, but on appeal it was held that the porter was “bonâ-fide traveller," and reversed the decision.
Holder of License may Close his House. It has been stated elsewhere, that at common law, if a man keeps an inn (that is a house of entertainment for and beast) he is bound, if he has accommodation, to receive and procure food for the traveller, and may be indicted, or liable to an action, if he refuses and can make reasonable objection. This obligation, however, is confined to
is confined to food and meat, and would not necessarily extend to the supply of intoxicating liquors.
An innkeeper, whether licensed or not, is liable to this extent, but no further.
All other classes of licensed persons
in the position of shopkeepers, and may close their houses when they like, providing they do not open or keep open during prohibited hours.
The general rule, therefore, is, as to all intoxicating liquors, that though the licensed person is
prohibited from selling within certain hours, he is, nevertheless, not bound to sell during the hours not prohibited, unless he keeps an inn, and in that case he is only bound to sell meat and drink, which drink Deed not in all cases be intoxicating liquor.