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Section 17 [Permitting Gaming).--If a licensed person(1) Suffers any gaming or any unlawful game-(see note below]-to be carried on in his
—to premises; or (2) Opens, keeps, or uses, or suffers his house to
be opened, kept, or used, contrary to the 16 and 17 Vic. c. 119 for the suppression of Betting Houses shall be liable to a penalty
-first offence £10, subsequent offence £20. [License may be endorsed].
As a rule, it may be said that no game, however lawful in itself, can be played for money, or money’sworth. Thus ninepins, or skittles, played for beer are unlawful. Any game of cards of whatever kind if played for money is unlawful. It is no defence that it is
a game of skill if played for money.
If the game is played without the knowledge of the landlord, and is a mere casual frolic, no penalty is incurred, Avards W. Dance, 26 J.P. 437. Should the Landlord, however, wilfully close his eyes to what is going on, or be guilty of gross negligence, this will be considered as “suffering the gaming to be carried on." Bosley V. Davies, 45 L.J.M.C. 27; 40 J.P. 550 ; 33 L.T. (N.S.) 528.
Unlawful Games.—Some games are llegal in themselves. Mr. Justice Hawkins has laid it down as follows : “ The unlawful games Ace of Hearts, Pharaoh, Bassett, Hazard, Passage, Roulet; every game of dice except Backgammon, and every game of cards which is not a game of mere skill.” Any other game, it would appear, is not unlawful.
Mackinnell v. Robinson, 53 L.J.M.C. 161.
The Publican cannot allow his ate friends to play at the above games, even though he is allowed to entertain them after the closing hours. Osborne v. Hare, 40 J.P. 759.
Keeping a house, office, room, or other place for betting, or for receiving money on races &c, is an offence, and the owner or occupier incurs a penalty.
To advertise a betting house, or send letters &c., offering information on bets &c., is an offence. A house, room, office, or other place, which is suspected to be used for betting, may be searched upon a warrant being obtained to do so. (See “Warrant to search ").
Section 18, (Ejecting Drunkards].—Licensed persons may refuse to admit, and may turn out, persons who are drunken, violent, quarrelsome, or disorderly, or anyone whose presence upon his premises would subject him to a penalty. (The latter part would apply to prostitutes and thieves).
Any of the above-named persons refusing to quit after being requested by the licensed person, or his agent, or servant, is liable to a penalty of £5.
Constables, on being requested to do so, are bound to expel such persons.
In putting anyone out of licensed premises, no more force than is necessary must be used, and the person must first be requested to leave.
Section 19.Repealed by Licensing Act, 1874.
Section 21.-Repealed by Act of 1874.
Section 23, Power of Justices to Order Licensed Promises to close in case of Riot). -Where a riot happens, or is expected to happen, two justices may order premises to be closed for any time which they may fix. License Holder may such force as is necessary to close. Penalty for acting in contravention to 50.
Section 24.-Repealed by Act of 1874.
Section 25, (Persons on Licensed Premises during Prohibited Hours]. —Any person found on licensed premises during closing hours, unless he can prove he was an inmate, servant, or lodger, or a “bonâfide traveller,” or that his presence the premises was not in contravention of the Act with respect to closing-Penalty, 40s.
A constable may demand the name and address of any person found on the premises during prohibited hours. And if he has reasonable grounds for believing the
address to be false, may require evidence to verify the correctness of either. son should fail to give name and address, or such evidence, he may be apprehended. Everyone who fails to give his name and address, or gives a false or address, or gives false evidence with respect to the same, is liable to a penalty of £5.
Persons who falsely represent themselves to be travellers, lodgers, and buy or obtain, or attempt to buy or obtain, any intoxicating liquor during prohibited hours-Penalty, £5.
If a per
Constables have no power to turn out visitors or to detain them while enquiries are made ; and although
constable may, under certain circumstances above mentioned, apprehend the visitor it will be at his own risk.
There is a penalty imposed upon persons found on unlicensed premises, and on premises where liquor is found for unlawful sale. [Section 17 of the Act of 18747
Section 26.-See Title "Exemption from closing."
Section 27, [Refreshment Houses : Where no License for Sale of Liquors]. -A penalty of £10 may be imposed upon any Refreshment House Keeper, who is not licensed for the sale of intoxicating liquors, for permitting such liquors to be consumed on the premises during the hours during which an Inn should be closed.
This section would apply where drink is sent for by a guest, to be consumed during the ordinary prohibited hours.
Section 28, [Refreshment Houses).-When a Refreshment House Keeper is allowed an abatement of duty owing to his agreeing to close at
10 p m., he must not sell or expose for sale, or open or keep open the premises, or allow liquors to be consumed therein during the time that the house is required to be closed. [The above is the section as it stands after alteration by repeal.
Section 29.--See Title “Exemption from closing."
Section 30, [Forfeiture of License on repeated Convictions].-If any licensed person
whose License two convictions have been recorded and the record of another conviction is endorsed thereon, the following consequences ensue :(1) License forfeited, and Holder disqualified for
five years from date of third conviction. (2) Premises disqualified for a term of two years
from the date of the third conviction, unless
the Court otherwise order. Nothing in this section is to prevent the Court from inflicting any penalty or term of imprisonment to which the licensed person would otherwise be liable.
The above section will not apply to a mere Refreshment House Keeper.
The offences must be committed by the person.
A License granted to a person during any term he may be disqualified is void.
Section 31. See Title “Disqualification of premises."
Section 32, [Conviction after Five Years not to increase Penalty).-A conviction after five years cannot subject a licensed person to an increased penalty, or to forfeiture upon another conviction.
Section 33, [Neglect to record Conviction. on License). If a conviction for an offence directed to be recorded on the License is omitted, it can practically be rectified subsequently.
Section 34, [Defacing Record of Conviction] - Any person defacing, obliterating, or attempting to do either, is liable to a penalty of £5.