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EXEMPTION FROM CLOSING HOURS.
Act of 1872, Sec. 26.-The Local Authority, viz. :
two Justices in Petty Sessions (except in the Metropolitan police district and city, where the Commissioner of Police, and Commissioner of City Police, with the approbation of the Secretary of State and Lord Mayor respectively), so that provision may be made for the accommodation of any large number of people attending a market, or following any lawful calling, may exempt any licensed victualler, or beerhouse keeper (on) from the regulations as to closing upon such nights and during such hours, except between 1 and 2 a.m., as they may think fit.
By the 1874 Act, such order cannot be granted in respect of premises in neighbourhood of a theatre for accommodation of persons attending there.
A notice of the order, in the form prescribed by the local Authority, must be affixed in a conspicuous position outside the licensed premises during such exemption.- Penalty £5.
Affixing such a notice when he has not obtained an order, is an offence.- Penalty £10.
Any order made under this Section may be withdrawn at any time.
Holders of order liable to a penalty for not producing it on la vsul demand.-See Section 64 of the Act of 1872.
FORFEITURE AND DISQUALIFICATION.
Where a licensed person is convicted for the first time of any one of the following offences :(1) Making an internal communication between
his licensed premises and any unlicensed
premises—[See Section 9, Act of 1872]: (2) Forging a certificate under Wine and Beer
house Acts, 1869 and 1870 : (3) Selling spirits without a spirit License—[See
Section 3, Act of 1872, page 3]: (4) Any felony : and in
consequence either becomes personally disqualified, or has his License forfeited, an application may be made on behalf of the owner of the premises to a Court of Summary Jurisdiction, for an authority to carry on the business until the next special sessions for transfer of Licenses, when another application may be made. In
where an application for a renewal new grant can only be refused
the four grounds, the same limit will apply to applications for transfer. (For the four grounds alluded to, see “Discretion of Justices."]
For forfeiture on repeated conviction-see Section 30 of Act of 1872.
The various Acts which will disqualify the License Holder or the premises--see index for “Disqualifica tion."
FRIENDS OF PUBLICAN.
Private friends of a publican may be supplied by him with liquor at any hour by way of entertainment, at his own expense, and he may give away liquor at
It must be observed, however, that the License Holder cannot evade the law by saying to the ordinary customers, when the hour of closing arrives, that if they stay he will treat them as private friends.
A lodger may entertain friends at his expense, and if those friends are supplied with liquors the License Holder is not liable.
Private friends must not be allowed to carry on gaming, and cannot be allowed to play at billiards.
Every person keeping a shop is entitled to take out a License for the sale of liqueurs, spirits, and wine, in pintor quart bottles, not to be consumed on the premises.
The Justices' discretion to refuse this class of License is limited to the grounds mentioned under Title “ Discretion of Justices.”
No annual value qualification is required.
a person who
An innkeeper may be defined keeps a house (not necessarily one to which a License is attached) where travellers are supplied with everything they have occasion for while on their way.
His capacity is, to a great extent, a public one, and it is his duty to receive all guests with their goods who may come, provided they are sober and orderly, and not suffering from
any contagious disorder, and they tender to him reasonable sum for his charge.
Should the innkeeper fail in his duty he is liable to a prosecution by indictment, or to an action for damages.
The liability of an innkeeper is very extensive, he being liable for all losses, except those arising by the Act of God, the Sovereign's enemies, or the fault of the guest.
The following is an epitome of the principal Act relating to the responsibilities of an innkeeper :
26 and 27 Vic., cap. 41. Section 1, [Innkeeper not to be liable for Loss, &c., beyond £30, except in certain cases.]--No innkeeper shall, after the pa sing of this Act, be liable to make good to any guest of such innkeeper, any loss or injury to goods or property brought to his inn (not being a horse or other live animal,
any gear appertaining thereto, or any carriage) to a greater amount than £30, except in the following cases :