(b) That the tenant held the premises from him under a contract made prior to the Act of 1872, and that he could not have legally evicted such 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. (c) That the offence which disqualified the premises occured so soon after the offence immediately preceding it that he had not time to evict the tenant even though he had the power. If the owner thus satisfy the justices that he is entitled to have the order cancelled, they will cancel the same accordingly. (a) licensed pre necessary The house for which a licence is desired must be structurally structural adapted to the class of licence for which a certificate is sought, and adaptation of this applies to all premises whether licensed before 1872 or mises-numnot, the necessary structural qualification of houses licensed ber of rooms before 1872 being a matter for the discretion of the justices; but no new licence for the sale of liquor to be consumed on the premises, will be granted after 1872, unless the house shall contain (exclusive of the rooms occupied by the inmates thereof), two rooms, if the licence granted for the sale of spirits, and if the licence does not authorise the sale of spirits, one room for the accommodation of the public. (b) letting rooms disease and making false It may be well here to note, that "if any person knowingly Penalty for lets any house, room, or part of a house, in which any person infected with suffering from any dangerous, infectious disorder, has been, contagious to any other person, without having such place and all articles therein, liable to retain infection, disinfected to the satisfac- statement. tion of a qualified medical practitioner, as testified by a certificate given by him, such person shall be liable to a penalty not exceeding 201., and for this purpose the keeper of an inn shall be deemed to let part of a house to any person Applies to admitted as a "guest into such inn (29 & 30 Vict. c. 90, public houses. s. 39), and it must be remembered that a person who only obtains temporary refreshment is a “guest.” (c) And if any owner, or occupier, or person employed to let (a) 35 & 36 Vict. c. 94, s. 56. See Form XX. (b) 35 & 36 Vict. c. 94, s. 45, sub-s. (b). (c) Bennett v. Mellor, 5 T. Rep. 273; McDonald v. Edgerton, 5 Barb. 560. Internal communication with other licensed premises. Sign necessary if house licensed. for hire, or show for the purpose of letting for hire any house, or part of a house, when questioned by any person negotiating for the hire of such house or part of a house, as to the fact of there being in such house, or having within six weeks previously been therein, any person suffering from an infectious, contagious, or epidemic disease, knowingly makes a false answer to such question, the person so answering falsely shall be guilty of an offence punishable on summary conviction, and at the discretion of the justices having cognizance of the case, be liable to be imprisoned, with or without hard labour, for a period not exceeding one month, or to pay a penalty not exceeding 201. (37 & 38 Vict. c. 89, s. 56). If the house intended to be licensed, communicate internally with any other premises used for public entertainment or resort, or as a refreshment house, such house and other premises will be considered as one house for all purposes of obtaining a licence; and any person holding licensed premises, who makes or uses, or allows to be made or used, any internal communication between such licensed premises and such place of entertainment, is liable to a penalty not exceeding 10l. for every day during which such communication remains open, and any holder of a licence who is convicted of this offence, will, in addition to the penalty last mentioned, forfeit his licence.(a) Provision is, however, made in case of any such forfeiture, for the owner of the house by applying to a Court of Summary Jurisdiction, to obtain permission to carry on the business by transfer. (b) 66 All licensed premises must have painted on, or fixed to them, in a conspicuous place, and in such form and manner as the licensing justices may from time to time direct, the name of the person licensed, with the addition of the word licensed," and of words sufficient, in the opinion of the said justices, to express the business for which the licence has been granted, and in particular of words expressing whether the licence authorises the sale of intoxicating liquor to be consumed on" or "off" the premises only, as the case may be; and no person shall have any words or letters on his premises importing that he is authorised as a licensed person 66 (a) 35 & 36 Vict. c. 94, s. 9; and see Met. Police Act, 1839 (2 & 3 Vict. c. 47, s. 45). (b) 37 & 38 Vict. c. 49, s. 15, and see Form XII. as to signs. to sell any intoxicating liquor which he is not in fact duly authorised to sell, and any breach of this provision renders the licence holder liable to a penalty, for the first offence of 107., and not exceeding for any subsequent offence 201. (a) According to the rules framed by the commissioners Regulations appointed for that purpose, this description is to be in Roman capitals, or other equally distinct form of letters, not less than one inch in height, and placed upon a background of such difference of colour as shall make it clearly legible to persons passing along the thoroughfare in which the premises are situate. In the case of a six day licence, the words "not to sell on a Sunday" must be added. Every signboard shall be placed on the outside of the front of the licensed premises over the principal entrance, and not more than three feet from the top of such entrance, or door, and must be preserved and kept in good order. (b) duty and ex tax on Innkeepers and alehouse keepers have the advantage of a Special assessspecial assessment of house duty, being assessed at 6d. instead ment of house of 9d. in the pound (14 & 15 Vict. c. 36; 32 & 33 Vict. emption from c. 14); and all hotel keepers, retailers of intoxicating liquor servants. and refreshment-house keepers, have, since the 1st January, 1874, been exempted from taking out any licence for any servant wholly employed for the purposes of their business (36 Vict. c. 16, s. 4). Having now explained the necessary qualifications for obtaining a licence for the sale of intoxicating liquor, we shall, in the next chapter, consider the different kinds of licences, and the steps necessary to be taken in order to obtain them. (a) 35 & 36 Vict. c. 94, s. 11, amended by 37 & 38 Vict. c. 49, s. 28; see also Excise Act [6 Geo. 4, c. 81, s. 25]; and see R. v. Percy, 43 L. J., ` M. C. 45; L. Rep. 9 Q.B. 64. (b) See 6 Geo. 4, c. 81, s. 25. TABLE SHEWING THE VALUE QUALIFICATION OF DIFFERENT LICENSED HOUSES. VICTUALLER'S LICENCE. (PREMISES LICENSED BEFORE 1872.) (PREMISES LICENSED AFTER 1872.) BEERHOUSE AND CIDERHOUSE LICENCE. [Beer Act, 1840 (3 & 4 Will. 4, c. 61, s. 1) and 33 & 34 Vict. c. 29, s. 10.] If within London and Westminster or within any place within the bills of mortality, or within any place the population of which exceeds 10,000 ... £15 [35 & 36 Vict. c. 94, s. 45.] If within the City of London, ... £30 If in a town where there are £11 ... £20 £12 Licences for the sale of table beer (24 & 25 Vict. c. 21, s. 3), wine to be consumed " off," spirits to be consumed "off," liqueurs and British wines to be consumed "off," do not require any value qualification. STIPENDIARY MAGISTRATES, WHEN QUALIFIED CHAPTER II. The Licence. page 19 THE GENERAL ANNUAL LICENSING MEETING IN COUNTIES AND BOROUGHS 20-22 JURISDICTION OF LICENSING JUSTICES THE CINQUE PORTS, UNIVERSITIES, LONDON FREE VINTNERS, 30 TIME FOR HOLDING GENERAL ANNUAL MEETING POWERS OF ADJOURNMENT APPLICATIONS AT ADJOURNED MEETING ........ WHAT LICENCES DO NOT REQUIRE JUSTICES' CERTIFICATE 26, 27 SALES IN BOOTHS AND TENTS AT FAIRS AND RACES SIX DAY AND EARLY CLOSING LICENCES 23 23 To provide for the granting of licences, it has been enacted General Annual Licensing that there shall be held an annual session of justices of the Meeting. peace (to be called the General Annual Licensing Meeting) in every county, and in every city, town, or borough in England, which has a separate commission of the peace (24 & 25 Vict. |