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Every person who acts, or suffers, or allows any person in his employ, or control, to act, contrary to the above provisions, will be liable to a penalty of £10 first offence, and £20 for any subsequent offence.
Illegal measures are liable to be forfeited.
The Inspector of Weights and Measures may be authorized to inspect all measures, and to seize any he may find unjust.
Section 9, [Internal Communication).—It is an offence for the holder to make, or cause to be made, or to use, or cause to be used, any internal communication between licensed premises, and any unlicensed premises which are used for public entertainment, or resort, such as a public dancing or music room, or as a refreshment house.
The communication here intended would generally apply to doors, but would, no doubt, include any smaller opening.
Forfeiture of License follows as a consequence, but there is a provision in section 15 of the Act of 1874 hereafter set out-[See “Forfeiture and Disqualification”]which gives the owner the right to apply for a Temporary Transfer, and then for a the grant of a Transfer.
Section 10, [Illicit Storing].—The Licensee must not store on his premises any description of intoxicating liquors, which he is not authorised to sell He will be liable to a penalty of £10 for a first offence, and £, 20 on a subsequent conviction, besides forfeiting the vessels containing the liquor, unless he is able to account for the possession of the same to the satisfaction of the Court.
Search.--By Section 17 of the Act of 1874, under a Warrant of a Justice—[See "Warrant to Search ")- ]
Constable may search any premises where he has reasonable grounds to believe that liquor is sold upon unauthorised premises.
Section 11, [Names of License Holders to be Painted and Afixed to Premises].—A Licensed person must
his name, with the addition of the word “ Licensed," and other words, which, in the opinion of the Justices, are sufficient to express the business for which the license is granted, and, also, whether for consumption on or off. No person can have words or letters on his premises, which would lead one to believe he is licensed to sell any description of liquors, fur which he is not so licensed. If it is a six-day license or an early-closing house it should be so stated. Penalty-first offence £10; subsequent offence £20.
Section 12 [Drunkenness]. --To be found drunk, in any highway, or other public place, whether a building or not, or any licensed premises, involves a penalty, on conviction, of ios., and for subsequent offences more severe penalties.
If any person while drunk is guilty of riotous or disorderly behaviour in any highway, or other public place, whether a building or not, or who is drunk in charge of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of loaded fire. arms, may be apprehended, and is liable to a penalty of 40s., or to imprisonment for one month with hard labour.
The words “public place” have been held to include a railway carriage carrying passengers : Langrish v. Archer, 47 J.P. 295 ; 47 L.T. 548; 10 Q.B.D. 44.
It is rule that these words are confined to places where the public have a right of access. A drunken person riding a bicycle is doubtless a person in charge of a carriage.
If the License Holder is found drunk upon his own premises during the period when his premises are or ought to be closed, he escapes the penalty, but if he is found drunk within the time during which he is permitted to open he would be liable to be convicted of drunken
Lester U. Terrens, 41 J.P. 821; 46 L.J.M.C. 280; 2 Q.B.D. 203.
A novel point may yet arise after a conviction in such a case upon the publican being summoned for permitting drunkenness.
Constables have no legal power to apprehend for simple drunkenness, but it is said are justified in taking care of any drunken person.
Section 13, (Permitting Drunkenness, &c.]. Licensed persons permitting drunkenness, or any violent, quarrelsome, or riotous conduct to take place on their premises, or selling any intoxicating liquor to any drunken person. Penalty-£10 first offence; subsequent offence £20.
[License may be recorded].
In a recent case, Somerset V. Wade, 58 J.P. 231, Justices Mathew and Collins held that a man cannot be convicted of permitting drunkenness unless it is shewn that he knew that the person said to be drunk was so. A publican can, however, be convicted of selling liquor to a man whom he did not know to have been drunk under the latter part of the section.
It has also been decided that if a publican supplies a drunken person he may be convicted of permitting drunkenness, Edmunds v. James, 56 J.P. 40.
A case has been decided against the License Holder where two men entered a public-house together, one drunk and the other sober, the latter having ordered drinks for both and were supplied--this being treated as selling to a drunken man.
No servant or assistant of any kind will be liable personally for the above offence, but may make the master liable.
Section 14, [Disorderly House: Keeping of]. --Knowingly permitting any licensed premises to be the habitual resort of prostitutes, and allowing them to remain thereon longer than is necessary for obtaining reasonable refreshment, is contrary to this section, and the offender is liable to a penalty of £10 first offence, £20 subsequent offences. [License may be recorded).
The decisions of the leading cases on this section point to the fact that prostitutes have a right to refreshment at licensed houses as well as other people, but the question of what is a reasonable time for refreshment must be left to each particular case, as it must necessarily depend upon the nature of the refreshment being consumed, although it is
offence for the Publican to allow prostitutes to remain any time, however short, on the premises, if their object be prostitution.
Thieves.-The Prevention of Crimes Act makes it an
offence for a Publican knowingly to harbour thieves, or reputed thieves, or to lodge them, or to allow them to deposit goods, if he has reasonable cause to believe they have been stolen. Penalty-£10, or four months' imprisonment in default of payment. [License shall be forfeited, and Holder becomes disqualified for two years].
It is hoped there is no necessity to go into the details of offences of this kind, as it is obvious that no sympathy ought to be shown to any person who is guilty of this offence, and if he is innocent it will be better for him to get the help of an advocate.
Section 15, [Brothels). ----Any licensed person permitting his licensed premises to be a brothel makes himself liable to a penalty of £ 10.
His License is forfeited, and he becomes for ever disqualified from holding any license for the sale of intoxicating liquors.
Section 16, [Constables]. - It is an offence for a License Holder to do either of the following things, viz.— (a) Knowingly harbours, or suffers a constable to remain
the premises, at a time when the constable should be on duty, unless he
is there to preserve order. (b) Supplies any liquor or refreshment (gift or sale)
to any constable on duty, except by auth
ority of a superior officer.
Justices may record License)
uniform, and not asked whether he is on duty, it will be taken for granted that he was known to be on duty.