CHAPTER VI. THE LICENSING LAWS OF IRELAND. THE statutes known as the 58 Geo. III. c. 57; Spirits (Ireland) Act, 8 & 9 Vict. c. 64; Spirits (Ireland) Act, 17 & 18 Vict. c. 89; Refreshment Houses Act, 23 & 24 Vict. c. 107; Beerhouses (Ireland) Act, 34 & 35 Vict. c. 100; Licensing Act (Ireland), 1872, 35 & 36 Vict. c. 94; Licensing Act (Ireland), 1874, 37 & 38 Vict. c. 69; Sale of Liquors on Sunday (Ireland) Act, 41 & 42 Vict. c. 72; Intoxicating Liquors (Sale to Children Act), 1900, 1 Edw. VII. c. 27; Licensing Act (Ireland), 1902, 2 Edw. VII. c. 18, and the Licensing Act (Ireland) 1906, 2 Edw. VII. c. 18, constitute generally the Acts relating to the Licensing Code of Ireland. The Legislation differs considerably between England and Ireland. Two leading notes of divergence are mentioned by Gibson, J. [R. (Perry) v. Tyrone, JJ. 38 I. L. T. R. 27]: 66 Contrast," he says, the above discretionary jurisdiction [i.e. the English] with our legislation, the leading notes of which are that every applicant, on satisfying the statutory conditions, is entitled to a licence unless a particular defined objection, advanced by a competent objector, is substantiated against him, and that every licenceholder has a renewable interest in his licence on production of the prescribed certificate, which must be given by justices acting judicially as a Court." And again-" The law in the two countries is different in nearly every respect. In England a man of good character, with suitable premises, quite at a distance from other licensed houses, may be refused a licence by the justices, who may consider that the character of the neighbourhood makes a licence inexpedient. They may refuse without objection, in the exercise of their discretion, and in the case of a new licence or transfer, without evidence on oath. In Ireland an applicant under similar circumstances, on complying with the statutory conditions, must get his licence as a matter of right, and in the absence of a prescribed objection, he is by statutory presumption deemed to be unobjectionable. The Court has no discretion. Its duty throughout is strictly judicial; and there is nothing to show that the essence of justice can be violated by allowing the characters of witness, objector, and judge, to be combined, or compounded in the same person or persons." LICENCES REQUIRING THE CERTIFICATE OF MAGISTRATES. I. Beer dealer's licence.-A beer dealer's licence, or wholesale beer dealer's licence, means a licence to any person, not being a brewer of beer, authorising the sale of strong beer only, in casks containing not less than four and a half gallons, imperial measure, or in not less than two dozen reputed quart bottles at one time, for consumption off the premises [Licensing Act (Ireland), 1874, s. 37]. This licence requires for its grant, renewal, or transfer, a certificate of justices to the effect and as required by sect. 3 of the Beerhouses (Ireland) Act, 1864 [as amended by the Licensing Act (Ireland), 1874, s. 8]. The certificate required is a certificate of two or more justices (in Dublin, of a Divisional Justice) at Petty Sessions to the following effect: (1) In an application for a new licence, to the good character of applicant, and suitability of premises. (2) In a transfer or renewal, to the good character of the applicant, and the peaceable and orderly manner in which the house has been conducted in the past year. (3) Certificate as to rating and exclusive occupation. The Licensing Act (Ireland), 1872, is expressly stated not to apply to the sale of intoxicating liquors by wholesale (sect. 72); and therefore a person holding this licence can sell at any hour in wholesale quantities, and cannot be convicted of any offence of selling during prohibited hours [R. v. Jenkins (1891), 65 L. T. 857]. The premises of a beer dealer who keeps his premises open for sale by wholesale are subject to police supervision (27 & 28 Vict. c. 35, s. 11; 40 & 41 Vict. c. 4, s. 3). 66 II. Beer dealer's additional retail licence. This licence authorises a sale of beer, ale, or porter in less, at one time, than four and a half gallons, or two dozen reputed quart bottles for consumption off the premises (27 & 28 Vict. c. 35, s. 15). Beer" includes ale and porter (34 & 35 Vict. c. 111, s. 3). This licence is given on a certificate of justices at Petty Sessions. The certificate is required in the grant of a new, or renewal or transfer of an existing licence. The premises, if in a town exceeding ten thousand in population, must be rated at £15 or upwards; if elsewhere, at £8 or upwards (40 & 41 Vict. c. 4, s. 2), and must be in the exclusive occupation of applicant for three months at least before application. This, however, does not apply to a transfer on death or removal of previously licensed person (63 & 64 Vict. c. 30, s. 3). The licence expires on the 10th October each year. The holder of this licence may obtain a wine retailer's "off" licence (23 & 24 Vict. s. 3). III. Beer retailer's "on" licence. This licence, sometimes called the "Publican's Beer Licence," authorises the sale of beer for consumption on the premises. It is not often applied for. It is less valuable than a publican's full licence, and is as difficult to get. IV. Publican's licence.-A publican's or spirit retailer's licence authorises the sale for consumption, either on or off the premises, of spirits, beer, and wine. The holder of this licence is not obliged to take out any further licence to enable him to sell beer and wine (Inland Revenue Act, 1880, sect. 43, 2). The licence expires on October 10. V. Spirit grocer's licence.-A spirit grocer's licence authorises the sale of spirits, not exceeding two quarts at a time, for consumption off the premises (8 & 9 Vict. c. 64, s. 1). The licence expires on October 10. VI. Occasional licences.-These are licences granted by the Inland Revenue Authorities (sect. 13, 25 & 26 Vict. c. 22) to already licensed persons, authorising them to sell, at places other than his licensed premises, the like articles which he can already sell upon his licensed premises. They are usually granted for races, fairs, &c. [Licensing Act (Ireland), s. 4]. The consent in writing of a justice usually acting at Petty Sessions for the division within which the place of sale is situate is requisite. The magistrate may sign the consent out of Petty Sessions, though in many places magistrates have properly agreed amongst themselves not to do so. The Superior Court will not interfere with the justices' discretion in the matter (Devine v. Keeling (1886), 50 J. P. 551). This licence cannot be granted for Sunday, Christmas Day, Good Friday, or any day of public fast or thanksgiving (24 & 25 Vict. c. 22, s. 13); and in the case of a public dinner or ball may be granted for any hour (26 & 27 Vict. c. 33, s. 20). In any other case, it cannot extend to the period between ten o'clock at night and sunrise [26 & 27 Vict. c. 33, s. 20; and Licensing Act (Ireland), 1874, s. 5]. It is to be noted that these licences are not within the prohibition against the grant of new licences in the Licensing Act, 1902 (2 Edw. VII. c. 18). VII. Canteens-Constabulary and military canteens.-Where a head or other constable shall hold a canteen under the authority of the inspectorgeneral, any two justices in their respective districts may grant a certificate authorising the granting or transfer of any beer, wine, or spirit licence to any such person without regard to the time of the year, or any notices required (37 & 38 Vict. c. 80, s. 7). It is the same with military canteens (44 & 45 Vict. c. 58). VIII. Music and dancing licences.-When the Public Health Act, 1890, Part 4, has been adopted in any place-a house, room, garden, or other place (whether licensed or not for the sale of liquor) shall not be used as a public dancing, singing, music, or other public entertainment of like kind, without a licence for the purpose from the licensing justices. of the licensing district; i.e. at Quarter Sessions (53 & 54 Vict. c. 59, s. 51). Power is granted to justices at Petty Sessions to grant a temporary licence for a period not exceeding fourteen days. IX. Exemption orders.-These are orders granted under sect. 11 [Licensing Act (Ireland), 1874], authorising a licensed person to carry on business on licensed premises, at times ordinarily forbidden by law. None can be granted for the time between the hours of one and two o'clock in the morning. (For Form of Order see Appendix.) They are granted by two or more justices of the peace at Petty Sessions. They may be applied for ex parte at any Petty Sessions. The discretion of the justices in granting them is absolute. When granted, justices must cause the particulars to be entered by the clerk of Petty Sessions in the Register of Licences. An exemption order granted under sect. 11 of the Licensing Act, 1874, enables a publican to sell to the public in general. It is open to the magistrates to limit the sale of intoxicating liquor under such order to a particular class of persons, but such limitation must be specifically stated in the order. An exemption order must show jurisdiction on its face, and therefore the justices must recite in such order that it "has been proved to their satisfaction, that it is necessary or desirable . . . for the accommodation of a considerable number of persons attending a public market or fair, or following any lawful trade or calling, to grant an exemption order (Gamble v. Green, 44 I. L. T. R. 14). ILLUSTRATIVE CASES OF SALE WITHOUT LICENCE. without a A. was convicted under sect. 3 of the Licensing Act, 1872 (35 & 36 Selling drink Vict. c. 94), for selling drink without a licence. Sect. 54 of the same licenceAct provides that no conviction under the Act shall be quashed by certiorari. certiorari for any want of form :-Held, that the Court could not grant a certiorari to quash the conviction on the ground of want of jurisdiction in the justices, because such want of jurisdiction did not appear on the face of the conviction [Reg. (Walsh) v. The JJ. of Co. Tipperary, 31 I. L. T. R. 38]. tailers of spirits licensed. Upon a complaint under sect. 26 of the Licensing Act, 1825, charging Carrying on the defendant with "carrying on the trade or business of a retailer of trade as respirits in Ireland, not being a retailer of spirits in Ireland, then and not being duly there duly licensed to sell," &c., it appeared that the defendant was a toll-keeper on the Muckross estate, and that while he was so engaged his wife and daughter sold, at the defendant's house, which was about 300 yards distant from the toll-gate, whisky which was consumed on the premises, and also a flask of whisky which was taken away:-Held, that there was evidence before the magistrates on which they might convict the defendant under the section. Held further, that if certiorari lies, the Court will consider (1) whether the justices had jurisdiction to enter on the inquiry at all; (2) whether, having jurisdiction, they exercised it properly-i.e. as explained by Palles, C.B. (in re Heaphy, 22 L. R. Ir. 505), the Court will consider whether there was any evidence, but will not consider the weight of the evidence. Lord O'Brien, L.C.J., said that where certiorari is taken away, the Court will merely inquire whether the justices had jurisdiction to enter on the inquiry [Reg. (Waters) v. Kerry JJ., 35 I. L. T. R. 10]. off premises. The defendant held an Excise licence for a house in S., authorising Consumption him to carry on the business of a retailer of spirits in the said house, and to sell by retail therein spirits, wines, &c., for consumption on or off the premises. Ryan, a vanman of the defendant, called at the house of one O'Connor, in the village of L., at some distance from the town of S., and obtained an order for a case (six dozen pint bottles) of porter, which he delivered on the following day, and was paid for at O'Connor's house. Upon an information by an officer of the Inland Revenue for the sale at L. of strong beer in a quantity of not less than two dozen reputed quarts at one time, to be drunk and consumed elsewhere than on the premises," without a licence, the justices having dismissed the information :-Held, that the sale took place at L.; that a licence was required for the sale by wholesale of the porter at L., within the meaning of 6 Geo. IV., c. 81, s. 26; and that the defendant not having such licence, should have been convicted [Pletts v. Campbell Spirit grocer's licence. Spirit grocer's licence. R. (Morgan) v. (1895), 2 Q.B. 229, followed; Steevens v. Strangmans (1 Ir. Jur. 159) not followed.] (Trappe v. Egan, 34 I. L. T. R. 21). SPIRIT GROCERS. Spirit grocer's licence.-A spirit grocer is a person dealing in, or selling, tea, cocoa-nuts, chocolate, or pepper, and having an excise licence to sell spirits by retail for consumption elsewhere than on the premises when sold in any quantity, not exceeding two quarts at any one time (Licensing Act, 1872, s. 81). A magistrate's certificate is necessary. If it is desired to sell in greater quantities, a dealer's wholesale licence under 6 Geo. IV. c. 81, s. 2, is required. This issues without any magistrate's certificate, and entitles the holder to sell wine and spirits in quantities not less than two gallons [43 & 44 Vict. c. 24, s. 102 (1)]. Under the Licensing Act (Ireland), 1872, sect. 82, a justice's certificate is necessary in the case of two classes of spirit grocers : (1) Applicants who during the two years preceding the application had been spirit grocers, or had held a certificate under the Beerhouses (Ireland) Act, 1864, or the Beerhouses (Ireland) Act (1864) Amendment Act, 1871, and (2) Applicants who at the time of the application had a spirit grocer's licence and sought a renewal. The Licensing Act (Ireland), 1874, in sect. 9, extended sect. 82 of the Licensing Act (Ireland), 1872, to all applicants previously licensed or not, including transferees. This certificate is to the good character of the applicant and the peaceable and orderly manner in which he has carried on his business during the year next preceding the expiration of his former licence. or certificate, or in a renewal during the previous year. Where sect. 82 of the Act of 1872 does not apply, the certificate is to the good character of the applicant and the suitability of the premises. M. applied on notice to the justices at Petty Sessions for a certifiUnsuitability of cate for a spirit grocer's licence, and, when the case was called, came premises- forward and was examined by his solicitor. Then another solicitor legitimate objector. present applied on behalf of two inhabitants of the district for leave, and was allowed, to cross-examine the applicant. There was no objection on the part of the police. On the applicant's own statement, and in answer to a question from the bench, as well as on such cross-examination, it appeared that the premises were unsuitable. The bench refused to grant the certificate on this ground:-Held, that the only legitimate objector being the officer of police, and there being no objection on his part before the Court, the justices were bound to grant the certificate. Reg. (Marshall) v. JJ. of Tyrone (1896, 2 Ir. R. 15) followed. Upon any such application being made, and independently of and prior to considering any objections, the justices are entitled to ascertain that the application is properly before them, and the conditions essential to their jurisdiction fulfilled, i.e. that the applicant is a person of full age, residing within the Petty Sessions District, and that the prescribed |