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Sale of any Intoxicating Liquor to Children under 13 years of age.—The “Intoxicating Liquors (Sale to Children) Act, 1886,” speaks to the effect following, viz. :Every Holder of a License who knowingly sells,
or allows any person to sell, any description of intoxicating liquors, to any person under the age of 13 years, to be consumed the premises by any such person, is liable to a penalty for first offence 20$., and every subsequent
The Act does not apply to Scotland.
To constitute an offence here, the liquor must be consumed by some person under 13 years of age, and knowledge of the licensed person must be proved, although it not so in the case of a sale of spirits to a child.
Sale of Spirits to Children apparently under 16 years of age.—By Section 7
Section 7 of the Act of 1872 it is constituted an offence for a License Holder to sell, or allow any person to sell, to be consumed on the premises, any spirits to any person apparently under the age of 16 years. Penalty, first offence, 205. ; second and any subsequent offence, 40s.
It is immaterial under this section who consumes the spirits.
The word "apparently” leaves it in the discretion of the justices to deal with the question of age.
Employment of.-By the Prevention of Cruelty to and Protection of Children Act, 1889, the following restrictions upon the employment of children are made,
Section 3.–Any person who :-
under the age of fourteen years, or being a
the hours of 10 p.m. and 5 a.m.; (c) Causes or procures any child under the age of ten years to be at
time in any street or in any premises licensed for the sale of intoxicating liquor, or in premises licensed according to law for public entertainments, or in any circus, or any other place of public amusement to which the public are admitted by payment for the purpose of singing, playing, or performing
for profit, or offering anything for sale. Penalty, £20 or three months' imprisonment with hard labour, or both.
Power is given to the local authority to extend the hours mentioned in Clause "B." Justices may grant a License to allow a child over
age to take part in entertainment, series of
entertainments, in licensed premises, subject to such restrictions as they may impose.
An inspector of factories &c., may obtain authority to enter, inspect, and examine any place of public entertainment where a child is so licensed.
Nothing contained in the above-recited Act affects the provisions of the Elementary Education Acts.
CONFIRMATION OF LICENSES.
Only new Licenses for the sale of intoxicating liquors for consumption on the premises are required to be confirmed.
In Counties the confirming authority is the County Licensing Committee, and in Boroughs a Committee of the Borough Justices.
Rules are made by these committees regulating applications for confirmation of Licenses.
The necessity of confirmation provides a sufficient check on new grants, and if the first body of justices refuse a new granttheir decision is final, so far as quarter sessions is concerned, although justices can, in some instances, only refuse to grant on certain grounds.
Applicants for new Licenses or certificates for indoor consumption, cannot obtain excise Licenses until they have not only obtained the justices' License, but have also procured the committee's confirmation thereof.
Right of Entry on Licensed Premises.A constable has a right at any time, for the purpose of preventing or detecting the violation of the law, to enter licensed premises.
Refusing or failing to admit constable---penalty, first offence, L5; second offence, £10.
Harbouring Constable.-See Section 16 of the Act of 1872.
Requiring Production of License. See “ Production of License." Search Warrant. See
“ Warrant to Search.”