Page images
PDF
EPUB

.

the time of granting such licence, it shall and may be lawful for 6 G.4. c.81. such person or persons, except persons exercising or carrying on auctioneers

whose bonds

them from that

the trade or business of a brewer of beer in Ireland, or the trade or business of an auctioneer, or person selling any goods or shall bear date chattels, lands, tenements, or hereditaments by auction in any with that of the part of the U. K., to take out such licence without giving bond licence, and be as aforesaid; and that from and after the 5th day of July, 1825, binding upon where bond is given by any person or persons exercising or car- day. rying on the trade or business of a brewer of beer for sale in Ireland, or by any person exercising or carrying on the trade or business of an auctioneer, or person selling any goods or chattels, lands, tenements, or hereditaments by auction, in any part of the U. K., such bond shall bear date with the day or date of the licence taken out for such purpose, and shall be binding upon the person or persons by whom such bond was made and entered into from the day of such date, and not from the day on which the same may have been executed or delivered; any law or usage to the contrary thereof notwithstanding: Provided always, that nothing herein contained shall extend or be deemed or construed to extend to annul or make void any bond heretofore made, and which shall be in force and unexpired on the said 5th day of July, 1825, but that every such bond as last aforesaid shall remain and continue in force until the day of the expiration thereof; any thing herein contained to the contrary notwithstanding."

10. "No one licence taken out under or by authority of this. act, by any person or persons, except auctioneers and maltsters, shall authorise or empower such person or persons to exercise or carry on the trade or business mentioned in such licence in more than one separate and distinct set of premises, such premises being all adjoining or contiguous to each other, and situate in one place, and held together for the same trade or business, and of which he, she, or they shall have made lawful entry, to exercise or carry on therein his, her, or their trade or business as aforesaid, at the time of granting such licence, but that a separate and distinct licence shall be taken out by all and every such person or persons as aforesaid, except as aforesaid, to exercise or carry on his, her, or their trade or business as aforesaid, at or in any other or different premises than as before mentioned: Provided always, that where the amount or rate of any such licence shall depend upon the quantity of goods made or manufactured by the person or persons to whom the same is granted, such quantity shall be computed from the respective goods only made or manufactured by such person or persons at the premises in respect of which such licence is granted, and shall not include goods made or manufactured by such person or persons at any other or different premises, for which a separate and distinct licence is required as above mentioned."

No one licence to authorise any person, except auctioneers subject to the lowest rate of duty, to carry on his trade in

and maltsters,

more than one separate and

distinct set of premises.

§ 11. Provided always, and it is further enacted, "that nothing Not to extend herein contained shall extend to prohibit any person or persons cider, or perry' to selling beer, duly licensed to sell beer, cider, or perry by retail, to be drank or by publicans consumed in his, her, or their house or premises, or any retailer being licensed of spirits, (not being a retailer of spirits in Ireland, licensed as a beer retailers, grocer, to trade in, vend, and sell coffee, tea, cocoa-nuts, choco- or spirits, wine, late, or pepper,) or any retailer of foreign wine, or retailer of or sweets, by sweets or made wines, or of mead or metheglin, he or she being

the licensed re

1

6 G.4 c. 81.

tailers thereof,

at fairs or races.

licence in case of fire or accident.

duly licensed respectively for such respective purpose, to carry on his or her trade or business for which he or she respectively shall be so licensed as aforesaid, in booths, tents, or other places, at the time and place, and within the limits of holding any lawful and accustomed fair, by virtue of any law or statute in that beRemoval of the half, or any public races; provided also, that in all cases in which the house or premises in respect of which any excise licence is or shall be granted shall be burnt down, or otherwise destroyed, or rendered uninhabitable by fire or other unavoidable cause or accident, it shall and may be lawful for the commissioners and assistant commissioners of excise, or collector and supervisor, or other person or persons authorised to grant licences within the district or place in which such house or premises was or were situate, upon due notice thereof to him or them in that behalf given, to authorise and empower, by indorsement on such licence, or otherwise, as the commissioners of excise shall direct, the person or persons authorised to carry on trade or business by such licence at the house or premises so burnt down or otherwise destroyed or rendered uninhabitable, to carry on such trade or business at any other and different house or premises in the same district or place, of which due entry shall be thereupon made by such person or persons at the time of such removal thereto; provided always, that where such licensed person or persons as aforesaid shall be a person or persons by law required to be duly authorised by justices of the peace to keep a common inn, alehouse, or victualling house, it shall not be lawful for the commissioners or assistant commissioners of excise, or such collector and supervisor, or other person or persons authorised to grant licences as aforesaid, to authorise or empower such licensed person or persons as aforesaid, unless such person or persons shall, besides giving such notice as herein-before required, produce to such collector and supervisor, or other person or persons authorised to grant licences as aforesaid, such authority from justices of the peace, as by law required in that behalf, to keep a common inn, alehouse, or victualling-house, in the house or premises to which such person or persons shall desire to remove, in consequence of such fire or other unavoidable cause or accident as aforesaid."

No licence to

be granted for selling beer or

cider by retail, to be drank on the premises, without a justice's licence.

9 G. 4. c. 61.

§ 13. "No excise licence shall be granted under or by authority of this act, for the sale of any beer, or cider or perry, by retail, to be drank or consumed upon the house or premises of the person or persons applying for such licence, to any person or persons who shall not produce at the time of applying for such licence a certificate or authority then in force, to him, her, or them in that behalf granted in due form of law by justices of the peace or magistrates, or other competent persons, for such person or persons applying for such licences as aforesaid to keep a common inn, alehouse, or victualling-house; and if any such licence shall be granted to any person or persons other than as aforesaid, the same shall be and is hereby declared to be absolutely null and void to all intents and purposes, and the person or persons taking out the same shall be subject to all penalty or penalties to which he, she, or they would have been subject had no such licence been granted."

By stat. 9 G. 4. c. 61. § 17. No licence for the sale of any

No excise licence to be granted except to a person licensed under

exciseable liquors, (which include ale and beer, see 37.) by 9 G. 4. c. 61. retail, to be drank or consumed on the premises of the person licensed, shall be granted by the commissioners of excise, or by any officer of excise, to any person whatsoever, unless such person shall have previously obtained from the justices a licence under this act, and which said licence of such justices shall be retained by such person after being produced to the commis- this act. sioners or officers of excise, and every licence granted by the commissioners of excise, or by any officer of excise, contrary to this provision, shall be null and void to all intents and purposes."

By stat. 6 G. 4. c. 81. § 16. "From and after the 5th day of June, 1825, all excise licences taken out in the U. K. by any brewer or brewers of beer, or by any distiller or maker, distillers or makers of low wines or spirits, or by any person or persons who shall be duly authorised by justices of the peace to keep a common inn, alehouse, or victualling-house, and who shall take out a licence for selling beer, cider, or perry by retail, to be drank or consumed in the house or premises, or for selling spirits or foreign wine, or sweets or made-wines, or mead or metheglin by retail, under or by virtue of this act, or any other law or laws of excise, (except any excise licence or licences theretofore granted, and which shall be then in force and unexpired,) shall continue and be in force from the day of the date of such licences respectively, until the 10th day of October following, on which day in each year all such excise licences (except as aforesaid) shall expire; and that all other excise licences throughout the U. K., except those above specified, and except as above excepted, shall continue and be in force from the day of the date of such licences respectively, until the 5th day of July following, on which day in each year all such licences as last aforesaid (except as aforesaid) shall expire; and all and every person or persons who shall have taken out any such licence as aforesaid, and who shall wish or intend to continue the trade or business for which such licence was granted for any longer space of time, shall take out a fresh licence for the year following, to expire on one of such days as herebefore mentioned, according to the nature of the licence by him, her, or them taken out, and shall so renew the same from year to year, so long as he, she, or they shall continue such trade or business, and shall pay in each and every such case the duty thereupon imposed at such time and place as herein-before mentioned; and every such person or persons shall, in every such case as aforesaid, give notice in writing at least 21 days before the expiration of the current licence to him, her, or them before granted, of such his, her, or their intention to continue the trade or business for which such licence was before granted to the collector or supervisor, or other person or persons authorised to grant licences for the district or place at which such trade or business shall be carried on; and in cases where the excise licence is so renewed as aforesaid, and such notice as aforesaid shall have been given, the new licence shall bear date from the day or date of the expiration of the current licences before granted; but in case where such notice shall not have been given as aforesaid, and in all other cases than as aforesaid, the licence shall bear date from the day of the date of the application made for such licence, although and notwithstanding

6 G. 4. c. 81.
Licences taken
out by brewers
and by publi-
cans, as retail-
ers of beer, spi-
rits, or foreign
wine, or sweets
or made-wines,
or mead, or
metheglin,
shall expire on
the 10th of Oc-
tober in each
year, and all

and distillers,

other licences on the 5th day of July, to be renewed yearly, and notice for renewal given by the trader 21 days at least before the ex. piration of his current licence; every such li

cence to bear date from the expiration of the former li

cence when regularly renewed, and when afterwards or otherwise granted, from the date of the application.

6 G. 4. c. 81.

Licences may be granted to new beginners for a proportional part of the year, who shall pay duty accordingly, according to the quarter of the year in which the li

cence shall be taken out.

Persons who

were before li

any such licence may be delivered at any day subsequent to the date of such application."

§ 17. Provided always, and it is further enacted, "that if any person or persons shall commence or begin to exercise or carry on any trade or business, for the exercise or carrying on of which an excise licence is required, such person or persons not having before taken out any such licence, it shall and may be lawful for the person and persons authorised to grant licences, to grant such licence for the remainder of the current year in which such licence shall be taken out, ending on the 5th day of July, or on the 10th day of October next following the date of the licence taken out by such person or persons, according to the nature of such licence, upon payment of such proportional part of the duty thereupon imposed, in such manner as hereinafter mentioned; that is to say, if such licence shall be taken out at any time within the first quarter of the current year in which such licence shall be taken out, and ending as aforesaid, or in the quarter expiring on the 10th day of October, or on the 5th day of January next following the date of such licence, according to the nature of the licence taken out, that then the person or persons taking out such licence shall pay the whole duty imposed upon such licence, in such manner as herein-before mentioned at the time of granting such licence; and if such licence shall be taken out at any time within the second quarter of such current year, and ending as aforesaid, or in the quarter expiring on the 5th day of January, or on the 5th day of April, next following the date of such licence, according to the nature of the licence taken out, the person or persons taking out such licence shall pay three-fourth parts of the duty imposed upon such licence, in such manner as herein-before mentioned at the time of granting such licence; and if such licence shall be taken out at any time within the third quarter of such current year, and ending as aforesaid, or in the quarter expiring on the 5th day of April, or on the 5th day of July, next following the date of such licence, according to the nature of the licence taken out, one-half of the duty imposed upon such licence shall be paid in such manner as herein-before mentioned at the time of granting such licence; and finally, if such licence shall be taken out at any time within the last quarter of such current year, and ending as aforesaid, or in the quarter expiring on the 5th day of July, or on the 10th day of October, next following the date of such licence, according to the nature of the licence taken out, that then a fourth part only of the duty imposed upon such licence shall be paid in such manner as herein-before mentioned at the time of granting such licence."

§ 18. Provided also, and it is further enacted, "that no person or persons who shall at any time have taken out an excise licence censed, taking for the exercise or carrying on of any trade or business for which an excise licence is required, and who shall in any subsequent year after such licence shall have expired, take out a new licence for the carrying on the same trade or business, whether on the same or on other or different premises from those on which he, she, or they before carried on such trade or business, shall be deemed or taken to be a person or persons commencing or beginning to exercise or carry on such trade or business, within the intent and meaning of this act, so as to entitle him, her, or them to

out a new licence, shall not be considered beginners, unless the old licence expired two years before such new

licence is taken

out.

take out such licence, upon payment of a proportional part only of 6 G.4. c.81. the duty thereupon imposed; but all and every such person or persons as aforesaid shall pay the whole of such duty, unless the period of time between the expiration of the former licence and the taking out of the new licence shall, at the least, be a period of two years."

lers, or publicans, as retailers

of beer, spirits, or foreign wine,

or mead or me

herein men

out.

§19. "Where any licence taken out by any brewer or brewers Licences taken of beer, or by any distiller or maker, distillers or makers of low out by any wines or spirits, or by any person or persons who, being authorised brewers, distilby justices of the peace to keep a common inn, alehouse, or victualling-house, shall have taken out a licence for selling beer, cider, or perry by retail, to be drank or consumed in the house or premises where sold, or for selling spirits, foreign wine, or sweets or sweets or or made-wines, or mead or metheglin, by retail, in the U. K., made-wines, under any act or acts of parliament in force in G. B. or Ireland respect- theglin, under ively on or immediately before the said 5th day of July, 1825, any former acts shall expire between the said 5th day of July, 1825, and the 10th which shall exday of October, 1825, it shall and may be lawful for the person pire between the periods and persons authorised to grant licences within the district or place in which such person or persons respectively carry on trade tioned, shall be or business, to grant such person or persons respectively, by whom renewed for a respectively the former licences were taken out as aforesaid, a proportional licence as a brewer or brewers of beer, or as a distiller or maker, part of the year, distillers or makers of low wines or spirits, or if duly authorised by upon payment of duty accordjustices of the peace to keep a common inn, alehouse, or victualingly, accordling-house, a licence for selling beer, cider, or perry by retail, to be ing to the quardrank or consumed in the house or premises, or for selling spirits ter of the year or foreign wine, or sweets or made-wines, or mead or metheglin, in which taken for such person or persons respectively to exercise and carry on such respective trades or business for the remainder of the year ending the 10th day of October 1825, under the provisions of this act, upon payment of one-fourth part of the duty imposed upon such licences respectively, at the time of granting thereof; and that all such licences shall expire on the 10th day of October, 1825, and shall be renewed, or a new licence in that behalf granted, and for the same purpose, for the whole year ensuing, to expire on the 10th day of October following; and such licences shall be so renewed from year to year, as long as such licences shall continue to be taken out by such person or persons as aforesaid, to whom the same respectively were before granted; and where any licence taken out by any such person or persons as before specified, under any act or acts of parliament in force as aforesaid, on or immediately before the said 5th day of July, 1825, shall expire between the 10th day of October, 1825, and the 5th day of January, 1826, it shall and may be lawful for the person or persons authorised to grant licences as aforesaid, to grant to the person or persons by whom such licence shall have been so taken out as aforesaid, a licence to exercise or carry on the same trade or business under the provisions of this act, for the remainder of the year ending the 10th day of October, 1826, upon payment of the whole duty imposed upon such licence at the time of granting thereof; and if any licence taken out by any such person or persons as before specified, under any act or acts of parliament in force as aforesaid, on or immediately before the 5th day of July, 1825, shall expire between the 5th day of January, 1826, and the

« EelmineJätka »