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Any person interested in premises about to be constructed, or in course of construction, pose of being used
house for the sale of intoxicating liquors, to be consumed on the premises, may apply to the Licensing Justices for a provisional grant of a License.
The same notices are to be given as for License in its ordinary sense.
The notice may be put a conspicuous place where no door. It is also necessary to obtain confirmation of the order as if it were
License itself.See Title New Licenses."
RACES AND FAIRS.
Until the Act of 1874 came into operation, keepers of some licensed houses enjoyed the privilege of selling intoxicating liquors in booths at fairs and races without special authority.
Section 18 of the Act of 1874 provided that no such exemption should survive. It is necessary in
where it is desired to sell at those places to apply to the Justices for occasional Licenses.-See “ Occasional Licenses.”
REFRESHMENT HOUSE LICENSES AND
Any house, room, shop, or building, kept for public refreshment, resort, and entertainment, at any time between the hours of 10 p.m. and 5 a.m., not being licensed to sell intoxicating liquors, shall be deemed a refreshment house, and the resident owner, tenant, or occupier, must take out a License to keep the same.- See Title “Hours of Closing &c."
A shop which provides ginger-beer and lemonade, having no accommodation for visitors to sit down, and having nothing but a table and counter, is to be deemed a refreshment house.—Howes v. Inland Revenue, 41 J.P. 423; 46 L.J.M.C. 15.
A temperance hotel, if kept open during the above hours, is also
refreshment house, and License must be obtained.
Confectioners and eating-house keepers holding the above-mentioned Licenses take out Licenses to sell foreign wine for consumption on the premises.
Justices grant Wine Licenses. See “New License.”
An annual value qualification is required for the sale of wine, as follows :
In city or town containing population
£10 [See “Section 47 of the Act of 1872, page 21.]
These Licenses require no Justices' certificate, but are granted by the excise. For duties see “ Table of Excise Duties.”
Wine.--Selling wine without a License- Penalty, £20.
Foreign Wine: Spirits.—Any fermented liquor containing a greater proportion than 40 per centum proof spirit, shall be deemed to be spirits.
A License to sell foreign wine includes British wines.
British wine containing a larger proportion of alcohol is treated as wine.
If the Holder of a License to sell wine is convicted of any felony or of selling spirits without a License his License will be void. If he stores spirits on his licensed premises he is liable to a fine of £50.
Excise officers are empowered to enter the premises of retailers of wine to be consumed on the premises.
A person holding a refreshment house License must not sell intoxicating liquors for which he is not licensed, nor must he permit unlawful games, gaming, nor allow prostitutes, thieves, or drunken and disorderly persons to assemble at, or to remain upon, the licensed premises.
Penalty, first offence, 40s.; second offence, £5; subsequent offence, £20, or forfeiture of License for one year.
Drunken and Disorderly Persons. – The License Holder may request any such person to leave the premises, and if he refuses, he may be put out by the License Holder or his servant, who should
more force than is necessary for the purpose. -See "Ejecting Drunkards,” page 12.
REMOVAL OF LICENSES.
Application may be made at the general annual licensing meeting, or to an adjournment thereof, for the removal of a License from one place to another (both being in the same county), and the procedure is nearly identical to that employed in an application for a new License.
The notice may be in exactly the same form, the only addition being that in the above
a notice must be sent by registered post to the owner of the premises from which it is proposed to
the cense, and also to the Holder of such License. The applicant must be the person who intends to sell under the License when removed. The Justices, who have the same discretion as to whether they grant or not, as in the case of a new License, are bound to see that the owner has no objection to such removal. -An order of removal must be confirmed.-See “ Confirmation of Licenses.”