No. 4.-MISCELLANEOUS LICENCES.

CHAPTER III.

Renewals and Transfers.

RENEWALS WHEN AND WHERE GRANTED

page 41

NOTICE OF OPPOSITION

LICENCES IN FORCE ON 1ST MAY, 1869

POSTPONING APPLICATIONS FOR RENEWALS

FEES TO BE PAID FOR RENEWALS

TRANSFERS, WHEN, WHERE, AND HOW GRANTED

CONTINGENCIES ON THE HAPPENING OF WHICH RENEWALS
ARE GRANTED

DEATH, INCAPACITY THROUGH SICKNESS, BANKRUPTCY,
INSOLVENCY, REMOVAL, NEGLECT TO RENEW, PREMISES

BEING PULLED DOWN

WHEN LICENSED PERSON CONVICTED

44

OR

44-46

47

TEMPORARY TRANSFER, HOW, WHEN, AND WHERE OBTAINED...
ORDER SANCTIONING REMOVAL OF LICENCE

48

49

where, and

RENEWALS are granted at the general annual licensing meet- Renewals, ing, or at an adjournment thereof, but it is not necessary for the when and applicant to attend personally, (a) unless required to do so by the how granted. licensing justices, who can only require such attendance for some cause personal to the holder of the licence; and if, as in these cases, applicants are not required to attend, it is not necessary to serve them with notice of the adjournment. (b) The applicant need not give any notice of his intention to apply for a renewal, (c) but he must, on application, state the owner's name (d) for the purpose of registration. (e) Any person may oppose an application for renewal although this is generally done, if at all, by the police authorities; but the justices cannot "entertain any objection," or take any

(a) 35 & 36 Vict. c. 94, s. 42, sub-s. 4.
(b) 37 & 38 Vict. c. 49, s. 26.
(d) Form XVI.

66

(c) 32 & 33 Vict. c. 27, s. 7. (e) 35 & 36 Vict. c. 94, s. 36.

be given of

opposition.

Notice must evidence," unless written notice of such intention to oppose (a) has been served on the holder, at least seven days before the annual general licensing meeting. The justices may, however, on any objection being made, although no notice has been given, adjourn the granting of the licence to a future day, and require the attendance (b) of the holder of the licence, when the case may be considered as if notice had been given. (c)

Holders of licences in

force on the 1st of May, 1869, privi

leged.

It would seem from a decided case (d), that one of the licensing justices could himself make the objection, and thus postpone the granting of the licence; but where one of the justices objects, on the ground that he is capable of giving evidence of objectionable matter connected with the licence he must be treated as any other witness and give evidence on oath, since the justices are not to receive any evidence with respect to such renewal except on oath. (e)

The notice of intention to oppose, must state, in general terms, the grounds on which the renewal is to be opposed, otherwise it will not be valid, (ƒ) even though the attendance of the applicant has been required by the justices under the powers before mentioned. Subject to these conditions, and the fact that no evidence is admissible unless upon oath, the justices have absolute discretion as in the case of applications for new licences; except that there is a power of appeal which will be considered in another chapter. (g) The innkeeper will have to pay the same fee for renewal of his licence as he paid for the new one.

The holders of licences (under the Acts recited in the Wine and Beerhouse Act, 1869) () to sell beer, cider, or wine, to be consumed on the premises, and which were in force on the 1st day of May, 1869, are privileged with respect to renewals of such licences; and the discretion of the justices, as to their refusal to grant such renewals, is limited in the same manner as in the case of an application for a new

(c) 35 & 36 Vict. c. 94, s. 42, and 37 & 38 Vict. c. 49, s. 26.

(d) R. v. Farquhar, L. Rep. 9 Q. B. 258.

(e) 35 & 36 Vict. c. 94, s. 42.

(f) 37 & 38 Vict. c. 49, s. 26.

(g) See Chapter XII.

(h) The recited Acts are 1 Will. 4, c. 64; 4 & 5 Will. 4, c. 85; 3 &

4 Vict. c. 61; 24 & 25 Vict. c. 21; 26 & 27 Vict. c. 33; and 23 Vict. c. 27.

licence under the Wine and Beerhouse Acts to sell beer, cider, or wine not to be consumed on the premises. (a)

It is absolutely necessary that the licence which was in force on the 1st of May, 1869, shall not have lapsed, or been refused between that date and the application for renewal, since an application subsequent to such lapse or renewal would amount to an application for a new licence, (b) even though applied for by a new tenant; (c) but so long as there has been no such lapse or refusal, even if the licence is held on a transfer, an applicant will be entitled to the benefit of the Act. (d)

application

The justices have the same powers as to postponing Postponing applications for renewals as in the case of new licences, (e) so for renewals. that if the applicant should, through inadvertence or misadventure, have failed to give proper notices, he can apply to have the consideration of his case postponed to an adjourned meeting, and in the meantime, comply with the preliminary requirements of the Act.

If the renewal is granted, it may be made by indorsement on the licence, (ƒ) or by the issue of a copy of the old licence; but in the latter case there must be indorsed on such copy all convictions made within the previous five years which are indorsed on the old licence. (g) A grant of renewal does not require confirmation.

The fees to be paid for every renewal of a licence are as Fees to be follows: (h)

For Renewals under the Wine and Beerhouse Acts.

taken by clerk to justices.

(a) See page 33. 32 & 33 Vict. c. 27, ss. 8 & 19. Renewals of shop spirit licences can only be refused on the same grounds (35 & 36 Vict. c. 94, s. 69).

(b) R. v. Curzon, 42 L. J., M. C. 155.

(c) Hargraves v. Dawson, 24 L. T. Rep. N. S. 420.

(d) 33 & 34 Vict. c. 29, s. 7.

(e) 33 & 34 Vict. c. 29, s. 11.

(f) See Official Forms, Appendix II.

(g) 35 & 36 Vict. c. 94, s. 48, sub-s. 2. The latter plan is the one generally adopted.

(h) See R. v. Haslingfield Overseers, 24 L. T. Rep. N. S. 801; 43 L. J., Q. B. 38.

(i) 33 & 34 Vict. c. 29, s. 4.

(j) 35 & 36 Vict. c. 94, s. 36.

Transfers,

and how

granted.

Such then, are the steps necessary for obtaining and maintaining a licence, which will enable the licensed victualler or other licence holder to carry on his business from year to year, until it becomes necessary to obtain a transfer, which must be done on the happening of any of the contingencies which we shall next consider.

For the facilitating of transfers of licences, it is the duty when, where, of the justices assembled at each general annual licensing meeting, to appoint not less than four, nor more than eight, special sessions to be held during the year next ensuing such annual meeting, at periods as near as may be equally distant from one another. (c) The day, hour, and place for holding every such special session is appointed by precept (d) of the majority of the justices directed to the clerk to the licensing justices (e) requiring notices to be issued similar to those given at the general annual licensing meeting. (f)

of which

The contingencies, just referred to, upon the happening of Contingencies on happening which, before the expiration of such licence, any duly licensed transfers are person may have his licence transferred, are enumerated in sect. 14 of the Act of 1828, (y) and sect. 15 of the Act of 1874, (h) which also direct in each case to whom the transfer is to be made.

granted.

Death.

CASE 1. In case of the death of the licensed person, the transfer is to be made to the heirs, executors, or administrators of the deceased.

On the death of a person licensed to sell beer or cider, the executors or administrators, or the widow or child of such deceased person may continue to retail beer and cider for the residue of the term without taking out any fresh licence, (¿)

(a) 9 Geo. 4, c. 61, s. 15, and 33 & 34 Vict. c. 29, s. 4.

(b) 35 & 36 Vict. c. 94, s. 36.

(c) 9 Geo. 4, c. 61, s. 4, and 33 & 34 Vict. c. 29, s. 4.

(d) Form XVII.

(e) 33 & 34 Vict. c. 29, s. 4, sub-s. 1.

(f) Forms XVIII. and XIX.

(g) 9 Geo. 4, c. 61.

(h) 37 & 38 Vict. c. 49.

(i) 3 & 4 Vict. c. 61, s. 8.