Duties on licences for re tailing beer, &c. By stat. 5 G. 4. c. 54. § 1. From October 10th, 1824, all duties 5 G. 4. c. 54. on excise licences taken out by sellers of beer, ale, cyder, or perry, by retail, to be drunk or consumed in his, her, or their house or premises, are repealed; except as to arrears unpaid on repealed. 10th October 1824, or fines or penalties relating to such duties incurred before that day, and then remaining unpaid. 2. Enacts, that from 10th October, 1824, every person in G.B., who shall be duly authorised by justices of the peace or magistrates, to keep a common inn, alehouse, or victualling-house, and who shall sell beer, cyder, or perry, by retail, to be drunk or consumed in his, her, or their house or premises, shall annually take out an excise licence to sell beer, cyder, or perry as aforesaid, and shall for every such licence, if the dwelling-house in which such person shall reside, or retail such beer, cyder, or perry, at the time of taking out such licence, shall not, together with the offices, courts, yards, and gardens therewith occupied, be rated under the authority of any act or acts of parliament for granting duties on inhabited houses, at a rent of 201. per or upwards, pay the sum of 17. 1s.; and if rated as aforesaid, at 201. per annum or upwards, 31. 3s. [As to brewers retailing beer not to be consumed on the premises where sold, see Vol. II. Excise, § V. 1.] annum Licences for persons authorised by justices to keep houses for retailing beer, &c. the country. By stat. 48 G. 3. c. 143. § 2. "All and every person or per- 48 G. 3. c. 143. sons who shall sell beer or ale by retail, or who shall sell cyder or Licences to be perry, to be drank or consumed in his, her, or their house or pre-commissioners granted by mises, shall, before he, she, or they shall sell any beer or ale by of excise in retail, or any cyder or perry, to be drunk or consumed in his, her, London, and or their house or premises, take out an excise licence, authorising by collectors in such person or persons to sell beer or ale by retail, and also cyder and perry, to be drunk or consumed in his, her, or their house or premises; which licence shall be granted in manner hereinafter mentioned: (that is to say) If any such licence shall be taken out within the limits of the chief office of excise in London, the same shall be granted under the hands and seals of two or more of the commissioners of excise in England for the time being, or of such persons as they the said commissioners of excise or the major part of them for the time being shall from time to time appoint or employ for that purpose; and if any such licence shall be taken out Licences taken in any part of England, not within the said limits, the same shall be granted under the respective hands and seals of the several collectors and supervisors of excise, within their respective collections and districts." And the said commissioners of excise, &c. and also all such collectors and supervisors, are respectively authorised and required to grant such licences to the persons who shall apply for the same, on the person or persons so applying, first paying for such licence a duty of 21. 2s. By stat. 5 G.4. c. 54. § 13. All licences, the duties on which 5 G. 4. c. 54. are hereby repealed, shall expire on the 10th day of October in each year: § 14. As to duration of spirit licences, when common inns, &c. are licensed at other times than September, see Excise, § IV. 16. (e) § 15. Every person who shall, by any conviction, be disabled from holding or having a licence to keep, or from keeping a common inn, alehouse, or victualling-house, shall also by such conviction be disabled from taking out any excise licence to sell, and out in the country to be granted by collectors of excise. Expiration of licences. Spirit licences. Persons disabled by conviction from keeping a com mon inn, &c. may not take out excise licence to sell beer by retail. Penalty 50%. Evidence of former convic tion. 48 G.3. c. 143. out licences in cases of charters, &c. from selling beer by retail, in any manner soever; and if any such person shall, after such conviction as aforesaid, take out or have any excise licence to retail beer, the same shall be void; and if any person shall, after such conviction, sell beer by retail, the offender shall, for every offence, forfeit 50l.; and in all cases of prosecution against any such person for any penalty imposed by this act, a certificate from the clerk of the peace, or person acting as such, of any such conviction as aforesaid, shall, on the trial in such prosecution, be legal evidence thereof; which certificate such clerk of the peace, &c. is hereby required to grant on demand, without fee or reward. By stat. 48 G. 3. c. 143. § 4. In all cases where the licence Time of taking granted by any justices of the peace or magistrates, or other competent persons, to any person to keep a common inn, alehouse, or victualling-house, shall, in pursuance of any charter, custom, or usage, be issued at any time of the year, except in the month of September, and expire at any time of the year except in the month of September, then the excise licence required by this act to be taken out for the sale of beer, &c. shall be taken out within ten days next after the date of the said magistrate's licence, and shall continue in force for twelve calendar months next ensuing the date of the commencement thereof. (But see 3 G. 4. c. 77. § 7.) (See now 5 G. 4. c. 54. § 14. Vol. II. Excise, § IV. 1. Beer and Ale.) To be renewed within ten days after expiration. No appeal lies to the sessions from a conviction for selling ale without ar excise licence, under 48 G. 3. c. 143. § 5. By § 5. No person shall sell any beer or ale by retail, or any cyder or perry, to be drunk or consumed in his or her house or premises, after the expiration of his or her excise licence, unless such person shall take out a fresh licence for the said purposes in the manner herein-before directed, within ten days after the expiration of such former licence, and in like manner renew such licence from year to year; or if any person shall sell any beer, ale, &c., without first taking out an excise licence, or without so renewing the same, he shall, for every such offence, forfeit 501. R. v. Hanson, E. 2 G. 4. 4 B. & A. 519. The defendant, on the 25th day of March, 1820, was convicted in the penalty of 501. by two justices for the West Riding of Yorkshire, for having within three months last past, (to wit,) on the 22d day of February, 1820, at Elland in the West Riding, sold beer and ale by retail, to be drank and consumed in his house and premises, without first taking out an excise licence authorising him so to do, contrary to the 48 G. 3. c. 143. § 5. Against this conviction the defendant appealed to the next sessions, held at Pontefract, who allowed the appeal and quashed the conviction, no evidence being offered in support of it, upon which the proceedings were removed into the Court of K. B. by certiorari. A rule nisi was obtained, calling on the defendant to shew cause why the order of sessions should not be quashed, upon the ground, that no appeal lay to the sessions, from the conviction in this case, and that, therefore, they had no jurisdiction to quash it. After argument, Abbott C. J. said, the clause of reference in the 48 G. 3. c. 143. only applies to such powers, &c. contained in laws relating to H. M.'s revenue of excise, as are provided and established for managing, raising, levying, collecting, mitigating or recovering, adjudging or ascer taining, the duties thereby granted. Now the 35 G. 3. c. 113. imposed no duty, and is not an excise law. It is not, therefore, one of the laws referred to. Its object was the regulation of the police, and the provisions are quite distinct from those of 48 G. 3. c.143. If, therefore, a person sells ale without the magistrate's licence, he sells it subject to the penalty of 201. provided by that act. Against a conviction for such a penalty he may appeal; but under the 48 G. 3. c. 143. he is liable to a penalty of 501. for selling without an excise licence, and there is no appeal given: for the rule of law is, that although a certiorari lies, unless expressly taken away, yet an appeal does not lie, unless expressly given by statute. No act of parliament can be produced giving an appeal in the present case. The order of sessions is therefore wrong, and must be quashed. See R. v. Dr. Drake, infra, p. 48. A certiorari lies unless expressly taken away: but not, unless exan appeal does pressly given by statute. 48 G. 3. c. 143. Executors and assignees may have the benefit of excise licences, By stat. 48 G. 3. c. 143. § 6. Upon the death of any person so licensed, or upon the removal of any person so licensed from the entered house or premises in which such his or her excise licence shall authorise him or her to sell beer, ale, &c., as aforesaid, it shall be lawful for the commissioners of excise in England, for the time being, or any one or more of them, and for the several collectors and supervisors of excise in England, respectively, within their respective collections and districts, "upon the production of a certificate of a justice of the peace, or magistrate, or other competent person, (but see now stat. 3 G. 4. c. 77. § 6. p. 54.) given on death or after the death or removal of the former occupier of the house or removal, withpremises, approving of the person or persons to whom such certificate shall be given, to authorise and empower such person or persons in like manner to sell beer and ale by retail, or cyder and perry to be drunk and consumed in his, her, or their house or premises, in the same house or premises where such person so licensed by virtue of such excise licence carried on such trade, during the residue of the term for which such licence was originally granted, without taking out a new excise licence during the residue of the said term." But stat. 9 G. 4. c. 61. § 14. enacts, that if any person duly licensed under this act shall (before the expiration of such licence) die, or shall be, by sickness or other infirmity, rendered incapable of keeping an inn, or shall become bankrupt, or shall take the benefit of any act for the relief of insolvent debtors; or if any person so licensed, or the heirs, executors, administrators, or assigns of any person so licensed, shall remove from or yield up the possession of the house specified in such licence; or if the occupier of any such house, being about to quit the same, shall have wilfully omitted, or shall have neglected to apply, at the general annual licensing meeting, or at any adjournment thereof, for a licence to continue to sell exciseable liquors by retail, to be drunk or consumed in such house; or if any house, being kept as an inn by any person duly licensed as aforesaid, shall be or be about to be pulled down or occupied under the provisions of any act for the improvement of the highways, or for any other public purpose; or shall be, by fire, tempest, or other unforeseen and unavoidable calamity, rendered unfit for the reception of travellers, and for the other legal purposes of an inn; it shall be lawful for the justices assembled as aforesaid at a special session, holden under the authority of this act, for the division or place in which the house so kept or having been kept shall be situate, in any one of the abovementioned cases, and in such cases only, to grant to the heirs, out taking out a new excise licence. Provision for death, change of occupancy, or other contingency. Duration of licence granted in event of such contingency. Notices required. Excise licences renewable by collectors of excise to wife, child, assignee, &c. 48 G. 3. c. 143. Partnership. executors, or administrators of the person so dying, or to the And by stat. 53 G. 3. c. 103. Upon the death or removal of By stat. 48 G. 3. c.143. f 6. Provided that persons trading in partnership, and in one house or premises only, shall not be obliged to take out more than one excise licence to sell beer and ale by retail, &c. in any one year; and that no one licence which shall be granted by virtue of this act shall authorise any person to sell 48 G. 3. c. 143. as aforesaid in any other house or premises than the house or premises in which he, she, or they shall sell or have sold beer or ale, &c. at the time of granting such licence. By § 7. Neither the commissioners of excise in England, nor any persons who shall be appointed by them to grant licences to persons for selling beer or ale by retail, or cyder or perry, to be drunk or consumed in the house or premises of the person or persons applying for such licence, nor any of the collectors or supervisors of excise, shall grant any licence to sell beer or ale, &c. or any licence to sell spirituous liquors or strong waters, or wine or liquors by retail, to any person or persons who shall not produce a licence or authority granted to him, her, or them, in due form of law, by justices of the peace or magistrates, or other competent persons, to such person or persons to keep a common inn, alehouse, or victualling-house, and every such licence or authority shall be in the form following. Vide post, § XV. No excise licence to be granted unless the magistrates have previously granted their licence. By 8. It is enacted, "that nothing in this act shall extend Not to repeal or be construed to extend to repeal or alter, or in any manner to any regulation affect any law or laws, or any provision in any charter or charters, as to licence or any privilege of any city or town corporate, or of granted by univerany magistrates sity, now in force or lawfully used or exercised, in relation to the under charter, granting of licences by any justices, magistrates, or other persons &c. authorised by law to grant licences for persons keeping common inns, alehouses, or victualling-houses: or in relation to the taking of any recognizance upon granting of any such licences, or requiring or doing any other act, matter, or thing relating to any such licences: save and except as to the payment of duties and form of licence as aforesaid, or to repeal or alter any act or acts of parliament as to the sale of table-beer, at a price not exceeding 1d. per quart." fees as hereto By§ 10. Nothing in this act shall extend to alter any fees Justices' clerks heretofore lawfully taken by any clerks of any justices or magis- to take the same trates, but it shall be lawful to continue to take such fees, and no other, for licences to keep any common inn, alehouse, or victualling-house, as have heretofore been taken by such clerks in that behalf. fore. keeping such houses by con By 11. It is enacted, "that every person having any licence No person, disto keep a common inn, alehouse, or victualling-house, who shall abled from be disabled by any conviction from keeping a common inn, alehouse, or victualling-house, shall also by such conviction be dis- viction, shall abled from selling any beer or ale by retail, or cyder or perry, to sell exciseable be drunk or consumed in his, her, or their house or premises, liquors. under any excise licence obtained for such purposes; and every such excise licence shall from the time of such conviction be null and void to all intents and purposes; and in all cases of prosecution of any such persons, whose excise licences shall have become null and void by such conviction, a certificate from the clerk of the peace, or person acting as such, of any such conviction shall be legal evidence; which certificate such clerk of the peace, or other person, is hereby authorised and required to grant on demand, without fee or reward.” It has been decided, that to authorise a person to keep a public house, and sell ale and spirituous liquors, two licences are necessary: first, a magistrate's licence, under stat. 48 G. 3. c. 143.; |