applicant's house is situate. (a) They may not, however, grant a licence conditionally, as on the payment of a debt (b) nor refuse an application on the mere ground that they have determined not to grant any more licences. (c) journ. The justices have power to adjourn the General Annual Power to adMeeting, but such adjourned sittings must not be held on any of the five days following the one on which such General Meeting was held, and must be held, for Middlesex and Surrey in March, and for the other counties in August and September. (d) The same notices are required on an adjournment as in the case of the original meeting, but persons not required to attend need not be served with notices. (e) Where a licence has been refused to one applicant at the Applications at Annual General Meeting, application may be made at an adjourned adjournment by some other person, provided such last mentioned person has served the requisite notices; (f) but an application which has been refused at the general meeting cannot be renewed by the same person at an adjournment unless a case of very great hardship or surprise be shown. (g), Having then explained who are the authorities for granting licences, and when they sit to hear applications, we will next consider the nature of the different licences required by innkeepers and others, and the steps necessary to be taken in order to obtain them. meeting. All licences to sell intoxicating liquors are in reality Licencesobtained from the commissioners of excise, and it is, with How obtained. some exceptions, which will now be detailed, necessary to obtain a preliminary licence or certificate from the justices before referred to; (h) but one justices' licence only is necessary to obtain any number of excise licences. (¿) "Sweets and beer are not "excisable liquors," () but a (a) R. v. Young, 1 Burr. 556; R. v. Lancashire JJ., 40 L. J., M. C. 70; L. Rep. 6 Q. B. 93. (b) R. v. Athay, 2 Burr. 653. (c) R. v. Sylvester, 31 L. J., M. C. 93; R. v. Walsall JJ., 24 L. T. 111; 3 C. L. R. 100. (d) 9 Geo. 4, c. 61, s. 3. (e) Ib.; 37 & 38 Vict. c. 49, s. 26. (ƒ) R. v. West Riding York JJ., L. Rep. 5 Q. B. 33. (g) Per Cockburn, J., Ex parte Rushworth, 23 L. T. Rep. N. S. 120. (h) 9 Geo. 4, c. 61, s. 17; 32 & 33 Vict. c, 27, s. 4. (i) 37 & 38 Vict. c. 49, s. 23. (j) R. v. Lancashire, 7 E. & B. 839; 26 L. J., M. C. 171; Jones v. Whittaker, L. Rep. 5 Q. B. 541; 39 L. J., M. C. 139. Savings of special Acts. Theatres. Packet boats. Canteens. justices' licence must be granted for "sweets as if sweets were wine. (a) The Licensing Acts do not affect (b) the sale of spruce or black beer; of intoxicating liquor by proprietors of theatres in pursuance of special Acts; sales on packet boats; sales on special occasions in pursuance of special Acts; sales of spirits in canteens; the sale of medicated or methylated spirits, or spirits made up in medicine and sold by medical practitioners, or chemists and druggists, (c) or sales of intoxicating liquor by wholesale, (d) the sale of which is regulated by special Acts. The sale of spruce, or black beer, and of methylated spirits does not require a justices' licence. The proprietors of theatres, established under Royal patent, or theatres or places of public entertainment licensed by the Lord Chamberlain or by justices of the peace (16 & 17 Vict. c. 68) may obtain from officers of the excise a licence to sell intoxicating liquor by retail, without having any justices' licence. The theatres themselves must be licensed, otherwise they will be deemed disorderly houses, and all persons found in such unlicensed theatres are liable to be apprehended and fined. (e) Such Licences for the sale of excisable liquor and tobacco to passengers on packet boats, may be obtained from the commissioners of excise without any justices' licence. licences are generally granted to the master of the vessel for the time being, who may transfer the licence to his successor by endorsement merely, but the licence may also be granted to any nominee of the owner of the vessel. (ƒ) On vessels lying at anchor within the metropolitan police district, no liquor must be sold on Sundays, Good Fridays, and Christmas Days, during the hours when licensed premises are ordered to be closed. (9) Holders of canteens, whether in connection with land (a) 35 & 36 Vict. c. 94, s. 74. (b) 35 & 36 Vict. c. 94, s. 72. (c) [18 & 19 Vict. c. 38; 24 & 25 Vict. c. 91, ss. 1—6; 31 & 32 Vict. c. 124, s. 4; 16 Geo. 2, c. 8, s. 12.] (d) As to beer, spirits, and wine, see [6 Geo. 4, c. 81, s. 2]; as to "sweets," see 11 & 12 Vict. c. 121, s. 9; 23 & 24 Vict. c. 113, s. 7. (e) [2 & 3 Vict. c. 47, s. 46; 2 & 3 Vict. c. 94, s. 30]; 5 & 6 Will. 4, c. 39, s. 7. (f) 9 Geo. 4, c. 47, s. 1; [4 & 5 Will. 4, c. 75, s. 10]. (g) 5 & 6 Vict. c. 44, s. 5. or marine forces, may, by applying at any time to a justice of the peace, obtain a licence to sell intoxicating liquor; and it is not necessary to give any of the notices usually required for the grant of licences. Renewals and transfers are granted in the same manner. (a) retail wine A wine dealer, licensed as such, can, without any special Wine dealer's licence from the justices, sell wine either wholesale or retail, licence. provided it is not consumed on the premises. (b) retail wine licence. Any person who keeps a shop for the sale of any goods Shopkeeper's or commodities other than foreign wine, can take out a licence for the sale of foreign wine not to be consumed on the premises where sold, provided such wine be sold in such shop and in reputed quart or pint bottles only, (c) and such licence cannot be refused except on one of the grounds named in sect. 8 of the Act of 1869. may retail A wholesale spirit dealer, licensed as such, who sells Wholesale nothing but intoxicating liquors, may retail liquors or spirits spirit dealer not to be consumed on the premises, without any justices' spirits. licence (d) but if his premises are used for the sale of anything but intoxicating liquors, or if the premises communicate with other premises where any other business is carried on, a special justices' licence will be necessary, (e) which may be granted in the same way as a licence for selling wine to be consumed off the premises, and an application for such a licence cannot be refused except upon one or more of the grounds stated in sect. 8 of the Act of 1869, (ƒ) but it will not be granted to any persons convicted of felony. (g) As this licence is for sales for consumption 66 "off" the premises only, it requires neither value qualification (h) nor confirmation, (i) The holder must not, however, sell less than one reputed quart bottle, but he may sell in the bottles in which such spirits were imported. (j) Whenever a licence is forfeited or becomes void under any of the provisions of the Licensing Acts, any excise licence (a) See the Annual Mutiny Acts, and 38 Vict. c. 7, s. 93. (d) 24 & 25 Vict. c. 21, s. 2, and 35 & 36 Vict. c. 94, s. 73. (e) 35 & 36 Vict. c. 94, s. 68. (f) 35 & 36 Vict. c. 94, s. 69. (g) 33 & 34 Vict. c. 29, s. 14. (h) 35 & 36 Vict. c. 94, s. 45. (i) 37 & 38 Vict. c. 49, s. 24. (j) 24 & 25 Vict. c. 21, s. 2; see also 11 & 12 Vict. c. 121, s. 9; 23 & 24 Vict. c. 114, s. 169. Victualler's licence. Occasional licensed pre mises. Occasional licence elsewhere. for the sale of intoxicating liquor granted to the holder of such justices' licence, shall be void. (a) The licence which it is necessary for an innkeeper to obtain, is the ordinary victualler's licence, which gives to the holder the power to take out any of the excise licenses usually held by publicans; he may, in fact, take out any excise licence he pleases, but he must take out a beer licence before he can hold one for either wine or spirits. (b) This licence, it must be understood, applies only to sales at certain fixed premises, and during the regular hours, but as the innkeeper is often engaged to supply suppers and refreshments at balls, parties, and other places of amusement, not only on his own premises but in other places, such as in the case of picnics, races, and so forth, he will often find it necessary to take out what is known as an "occasional licence." There are two kinds of occasional licences; one, where licence on the the innkeeper desires to hold any entertainment on his own premises, and consequently requires to keep open such premises for the sale of intoxicating liquor or tobacco beyond the usual hours, upon certain occasions, which occasions must be specified in the licence. This licence is granted by the "local authority" of a licensing district, to any victualler or keeper of a refreshment house in which intoxicating liquors are sold, or any beer or cider house keeper. (c) The other occasional licence authorises the sale of intoxicating liquor elsewhere than on the licensed premises, and is granted by the Commissioners of Inland Revenue, (d) with the consent in writing (e) of a single justice. (ƒ) This licence must be renewed, if necessary, every three days, and at the end of six days a fresh consent is required, and additional duty is charged. It only enables the holder to sell from sunrise until 10 o'clock, except in the case of a public dinner or ball, when the time may be extended, provided such time is specified by the justice in the written consent before referred to. (g) The consent of the "local authority" must also be obtained, (h) and the holder must produce such licence when required. This licence cannot be granted for Christmas Day, (a) 35 & 36 Vict. c. 9, s. 63. (b) 6 Geo. 4, c. 81, s. 14. 37 & 38 Vict. c. 49, s. 5. (g) 26 & 27 Vict. c. 33, and 37 & 38 Vict. c. 49, s. 19. (h) Hannant v. Foulger, L. Rep. 2 Q. B. 399; 36 L. J., M. C. 119. Sunday, Good Friday, or on fast days. (a) It may be granted to refreshment and beerhouse keepers and wine retailers. (b) The "local authority" in the metropolitan police district is "Local authothe commissioner of police for the metropolis, subject to the aprity." probation of one of Her Majesty's Principal Secretaries of State. In the city of London, it is the commissioner of the city police, subject to the approbation of the Lord Mayor; and in any other place, two justices of the peace in petty sessions assembled.(c) booths and Any person selling in any booth, tent, or place (d) at fairs Sales in or races, without an occasional licence, unless his licensed tents at fairs premises are within the limits of the fair or race course, is and races. punishable in the same manner as a person selling at a place not authorised by his licence. (e) The occasional licence for sales elsewhere than on the licensed premises, only exempts the licensed person from penalties as to closing, and not as to the other offences in the Act of 1872. (f) other enter Licensed victuallers and others, in the cities of London and Licences required for Westminster, (g) or within twenty miles thereof, requiring to public dancto keep a house, room, garden, or other place for public ing, music, or dancing, music, or other public entertainment of the like kind, tainment. must obtain a licence for the same under a penalty of 1007. This licence can only be obtained from the justices at the Michaelmas quarter sessions held for the county in which such house, &c., is situate, and not at any adjourned meeting; and every such licence shall be signed and sealed in open court by at least four of the justices present, and shall be publicly read by the justices' clerk, but no fee shall be taken for such licence (25 Geo. 2, c. 36, s. 2). The words "Licensed pursuant to Act of Parliament of the twenty-fifth of King George the Second" shall be affixed in capital letters over the entrance, and such premises shall not be opened before noon, under the penalty of for ever forfeiting the licence (Ib., s. 3, amended by 38 Vict. c. 21). Theatres and other places licensed by the Crown or Lord Chamberlain are exempted (Ib., s. 4); so also are holders of occasional licences granted pursuant to s. 29 of the Act of 1872. (a) 25 & 26 Vict. c. 22, s. 13. (b) 27 & 28 Vict. c. 18, s. 5. (c) 35 & 36 Vict. c. 94, s. 26. (d) Tarling v. Fredericks, 28 L. T. Rep. N. S. 814. (e) 37 & 38 Vict. c. 49, s. 18. This does away with the decision in Heyward v. Holland, 28 L. T. Rep. N. S. 702. (f) 37 & 38 Vict. c. 49, s. 20. (g) Licences for music and dancing are also required elsewhere, and are regulated by different Local Acts. |