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RENEWAL OF LICENSES.
No notice need be given by the Holder of a License applying for a renewal, but he must see that the fees are paid.
He need not attend in person upon the renewal day unless he has seven days' notice of opposition.
The Justices themselves, however, have power at the annual licensing meeting to raise objections, and may require the Holder of a License to attend in person at an adjournment thereof, and may then proceed to consider the case. This is
often done, especially with those who have been convicted of offences during the year, and
" The black list” of the Police Report.
All evidence given for or against the renewal of a License must be on oath. It
that anyone may oppose the renewal of a License.
Though the objection to the renewal of a License must be proved, the Licensing Justices have absolute discretion as to the matter of the objection, subject to an appeal on the part of the applicant. In the well-known case of Sharpe V. Wakefield, upon appeal it was held that the fact of a house being too far removed from police supervision was a valid ground for refusing the renewal. The ground of the opposition is not defined by the statute, but must not be so utterly frivolous and capricious as to involve "judicial " discretion at all.
The High Court will not lay down rules what may be said to be using judicial discretion. It has been held that, where a house was closed during negotiation for sale, and also where the Holder of a License had been convicted, were good grounds of objection.
If through illness or infirmity the License Holder is unable to attend any licensing meeting when required, he may authorise
to attend for him. A doctor's certificate should be produced.
Discretion of Justices limited in certain cases. — Justices cannot refuse to
a certificate to sell wines, spirits, or cider, not to be consumed on the premises, except on
of certain grounds.-See “Discretion of Justices."
As to certificates to sell beer, cider, or wine, to be' consumed on the premises, if the house has been licensed ever since ist May, 1869, then the Justices can only refuse the renewal on one more of the said grounds.--See "Discretion of Justices."
If the Justices resuse to renew, and the applicant appeals, he may apply to the Justices for a temporary License from the Inland Revenue to carry the business after the License lapses and until the appeal is settled.
For right of Holder to convert his License into one for early closing, see "Early Closing Licenses."- . See also “ Six-day Licenses.” Alteration of licensed premises,
Title “ Alteration of licensed premises."
Fees.—The fees upon the renewal of Licenses are as follows :For full Licenses
The above-mentioned Licenses can only be granted in cases where the house is already, or is to be, licensed for the sale of intoxicating liquors, for consumption on the premises.
In an application for such a License in respect of premises not previously licensed the ordinary notices for new License-[see “New License "]—may be given, and the applicant may, upon the hearing, ask the Licensing Justices to insert a condition that he shall sell on six days only, and the Justices, if they decide to grant a License at all, are bound to insert the condition.
Should a seven-days' License be already in force, the Holder may apply to the Licensing Justices at the annual meeting, at an adjournment thereof, or at a Transfer Sessions, for such condition to be
inserted, and the Justices are obliged to insert it.
It may, however, be remarked that if an application to convert a seven-days' License into a six-days' License be granted, this election to sell on six days only and the insertion of the condition will preclude any subsequent application being made to convert the License back again to one to sell on seven days.
The Holder of a six-day License cannot sell liquors on Sunday to bona fide travellers, or one except to persons lodging in the house.