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MUSIC AND DANCING.
Places ordinarily used for public dancing or music, or other public entertainment of the like kind, require music and dancing Licenses.
These Licenses are granted within 20 miles of London by the London County Council, and in districts where local authorities have adopted the Public Health Amendment Act, 1890 (53 and
54 Vic., 59) by Justices.
Theatres are exempted.
Local Acts may also contain provisions as to these Licenses so that Licenses may be required in places other than those already stated.
If any room &c., being part of premises licensed for the sale of intoxicating liquors is used for music or dancing, in a place where a License for the same is required, it will be deemed a disorderly house. See Section 14 of the Act of 1872, page 9.
An ordinary dancing school does not require a License. Temporary use of
for dancing on the occasion of a festival does not require a License.
A room kept for public dancing or music without License is a disorderly house, though disorderly or improper conduct is allowed.
The music License may be granted separately from the dancing License--Brown v. Nugent, 36 J.P. 22; 26 L.T. 880.
[For definition of new License see Section 32
of the Act of 1874–page 40.] Every person intending to apply for a License shall publish notice of such application, as follows: (a) He shall give 21 clear days' notice in writing
before proposed application to one of the overseers of the parish, township, or place, and to the Superintendent of Police of the
district : (6) He shall within 28 days before the applica
tion cause a like notice to be affixed and maintained between a.m. and 5 p.m. on two consecutive Sundays on the door of the house or shop proposed to be licensed, and on one of the doors of the church or chapel of the parish or place where such house or shop is situate. If no church or chapel it shall be affixed in
some public and conspicuous place. (c) He shall also advertise such notice in some
paper circulating in the place in which the premises are situate on some day not more than four weeks nor less than two weeks before the application, and on such days as may be fixed by the Licensing Justices.
Notice of Application for a New License. -"To the overseers of the poor of the parish [or township] of............, and to the Superintendent of Police of the district of............, in the............ divi. sion, in the county of.... I, A. B.......
(state the trade or occupation), now residing at........ in the parish of............., in the county of............,
do hereby give notice, that it is my intention to apply at the General Annual Licensing Meeting to be holden at N., on the............ day of............ next for License to hold
excise License or Licenses to sell by retail, under the Alehouse Act, 1828, all intoxicating liquors (or specify any one or more), to be consumed either on or off the house or premises thereunto belonging, situate at......... in the said of which premises C. D., of.....
is the lessee (of whom I rent them) which premises were lately occupied by E. F. as a..... (or as an inn, under the sign of the
.") (If the applicant desires a six-day or early closing License only, he may add here : And it is my intention to apply to the Justices to insert in such a License a condition that I shall keep the said premises closed during the whole of Sunday) or (that I shall close the premises in respect of which such License is to be granted one hour earlier at night than that at which such premises would otherwise have to be closed). Given under my hand this............ day of
This notice may be sent by post to the overseer and Superintendent of Police, and where there is a notice board near church door publication upon this board will be usually sufficient.
(The form of notice for a removal of a License may be similar to the foregoing).
Upon the hearing of applications for new Licenses the Justices usually consider the following points, viz. :
(1) The character of the applicant :
License-see Title " Qualification” and sec
tion 46 of Act of 1872 for “Annual Value:” (4) As whether, considering the
the particular reighbourhood, if a License were granted it might cause thieves and other bad char
acters to asssemble. The Justices as a general rule have absolute discretion to refuse a grant of a new License, for an inn, or for in-door beer and wine Licenses, without stating
out-door certificates, and in-door certicates, the Justices have only a limited discretion. See “Discretion of Justices.”
There is no right of appeal against the refusal of the grant of a new License.
Licensed Premises.--Where the extent of the premises with the house is not specifically defined by the License, the curtilage and a piece of land in front will be included.
No Justices' License is required in the cases of :
A wine dealer, who obtains an additional License from the Excise to sell wine not to be consumed on the premises. (A grocer may be a wine dealer to this extent.) A spirit dealer may also, in some
not require a Justices' License to sell spirits by retail.-See Section 73 of 1872 Act.
Married women and minors competent to become the holders of Licenses.
All Licenses for sale for consumption on the premises must be confirmed.-See “Confirmation of Licenses.