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In the event of a Licensed Holder wishing to sell intoxicating liquors at some place other than his licensed premises, upon any special occasion, one Justice may authorise him to obtain an Excise License, to sell at such place, during certain times, the liquors for which he holds a License. It cannot be granted for more than six days in succession, and the hours permitted each day must not begin before sunrise, nor extend later than o'clock at night, unless the occasion is a public dinner or ball.
An Excise License must be obtained which may authorise the sale of tobacco.
The duty will be 25. 6d. a day, and in case of successive days, will not exceed ios.
If a License is granted for Saturday and Monday, and other days, preceding or following, it will still be deemed successive days, although Sunday intervenes.
This License can be granted to beerhouse and refreshment house keepers, although the latter may not hold a License to sell intoxicating liquors.
There is another kind of occasional License which any licensed victualler, keeper of a refreshment house,
other person licensed to sell beer or cider by retail may apply for, which is an order exempting the holder of the License from the provisions of the Act relating to the closing of premises during certain
hours on any special occasion or occasions. What is a “special occasion” is left to the local authority, who have absolute discretion. A festival, fair, race, ball, or entertainment is usually considered such. These Licenses
be granted to all houses licensed for indoor consumption, but not to the Holders of off Licenses.
For definition of Local Authority &c., see Title " Exemption from Closing Hours."
Any person, having an estate interest in licensed premises as owner or mortgagee, or prior or paramount to that of the immediate occupier, may apply to the Licensing Justices to have his name inserted in the Register of Licenses such owner. Fee for registering, Is.
For appeal by owner, mortgagee &c., see Title " Appeal."
A notice must be given to owner of an application to remove a License.—See “Removal of Licenses."
Protection of Owners of Licensed Premises in Cases of Offences by Tenants.-Where a
tenant is convicted of an offence, and the repetition of the offence would disqualify, or render the premises liable to be disqualified, a notice must be given to owner by the Clerk to the Licensing Justices,
Where by any order premises are disqualified, such order shall be served on the owner, where he is not the occupier, containing a statement that the Court will hold a petty sessions, at a certain time and place, at which the owner may appeal. against the order, on
or more of the following grounds, but not otherwise, viz. :(a) That notice, as required by Section 56 of
Act of 1872, has not been served on the owner of a prior offence, which on repetition, renders the premises liable to disqualification. (See Title “Owner.")
(6) That the tenant by whom the offence
committed, held under a contract prior to the Act, and that the
could not legally have evicted the tenant in the interval between the commission of the offence in respect of which the disqualifying order was made, and the receipt by him of the notice of the immediately preceding offence, which on repetition rendered the premises liable to be disqualified for
any peried. (c) That the offence in respect of which the dis
qualifying order was made occurred so soon after the receipt of such last-mentioned notice, that the owner, notwithstanding he had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred
between the said notice and the second offence. If the owner appear at the time and place specified,
at such sessions, or any adjournment thereof, and satisfy the Court that he is entitled to have the order cancelled on any of the above grounds, the Court shall thereupon cancel the order of disqualification.
Whenever a conviction which might have been recorded under the Act of 1872, viz., under Sections 5, 6, 13, 14,
28, occurs, notice is to be given to the owner. Where Section 30 of that Act takes effeet upon any conviction the premises become disqualified if the Justices do not give directions to the contrary.
PRODUCTION OF LICENSE.
Every Holder of a License or of an order of exemption shall by himself, his agent, or servant, produce, or cause to be produced, his License within a reasonable time after demand by (1) a Justice of the Peace, (2) a constable, (3) an officer of Inland Revenue, and deliver the same to be examined. ---Penalty £10.