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c. 85.

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4 & 5 W. 4. in which beer and cyder is sold by retail under the provisions of an

act passed in the first year of the reign of his present majesty, to authorize

intituled An act to permit the general sale of beer and cyder by consumption

retail in England, and it is expedient to amend the provisions of thereof on the the said act in certain particulars ;” it is enacted, “that from and premises, unless after the commencement of this act it shall be lawful for the comgranted upon missioners of excise, or other persons duly authorized to grant certificate.

licences for the sale of beer, ale, porter, cyder, or perry, under the
provisions of the said recited act, to any person applying for the
same, but that such licence shall not authorize the person obtaining
it to sell beer or cyder to be drank or consumed in the house or
on the premises specified in the same licence, unless the same be

granted upon the certificate herein-after required." Every person

§ 2. “ Every person applying for a licence to sell beer or applying for a licence to sell

cyder by retail, intending the same to be drank in the house beer to be drank or on the premises, shall, in addition to the application setting on the premises forth the particulars required by the said recited act, annually to deposit with produce to and deposit with the commissioners of excise, colthe commis

lector, supervisor, or other person authorized to grant such sioners of ex

licence within the parish, township, or place in which the percise a certific cate of good

son so applying intends to sell beer or cyder by retail, a certicharacter signed ficate signed by six persons residing in and being and describing by six rated themselves to be inhabitants of such parish, township, or place, inhabitants of

and respectively rated therein to the poor at not less than 6l., or
the parish, &c.
and certified by occupying a house therein rated to the poor at not less than 61.,
one of the over-

none of whom shall be maltsters, common brewers, or persons
licensed to sell spirituous liquors or beer or cyder by retail, nor
owners or proprietors of any house or houses licensed to sell such
liquors or beer or cyder by retail, stating that the person applying
for the licence is of good character; and at the foot of such
certificate one of the overseers of the parish, township, or place
shall certify (if the fact be so) that such six persons are inhabit-
ants respectively rated as aforesaid; and such certificate and licence

shall respectively be in the forms of the schedule annexed to this If not ten rated act: Provided always, that in any parish, township, or district inhabitants in

maintaining its own poor, in which there are not ten inhabitants the place, the certificate of

rated to the relief of the poor to the amount of 61. each, or not the majority of occupying houses respectively rated to the poor at 61. each, (not them.

being maltsters, common brewers, or persons licensed to sell
spirituous liquors or beer or cyder by retail, the certificate of the
majority of such inhabitants of such parish, township, or district
maintaining its own poor, as are rated to the amount of 61. each,
shall be deemed to be a sufficient certificate for the purposes of

this act."
Penalty on § 3. “ If any overseer of any parish, township, or place shall,

after application made to him by or on behalf of the person
fusing to certify
as required.

applying for the licence required by this act, refuse or neglect
to certify, if the fact be so, that the persons who have signed
such certificate are inhabitants rated 'respectively as aforesaid,
he shall forfeit and pay any sum of money not exceeding 51.,
to be recovered before any justice of the peace acting for the
county in which such parish, township, or place shall be situ-
ate, on complaint of the person by whom the application shall
have been made, unless such overseer of the poor shall shew to
the satisfaction of such justice reasonable cause for such neglect
or refusal.”

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§ 4. “If any person licensed to sell beer or cyder not to 4 & 5 W. 4. be consumed upon the premises shall, with intent to evade the c. 85. provisions of this act, take or carry, or authorize or employ

Permitting or permit or suffer any person to take or carry any beer or drinking beer cyder out of or from the house or premises of such licensed in a neighbourperson for the purpose of being sold on his account or for his ing house or in benefit or profit drunk or consumed in any other house, or in any shed, &c.

with intent to any tent, shed, or other building of any kind whatever belonging

evade the proto such licensed person, or hired, used, or occupied by him, visions of the such beer or cyder shall be deemed and taken to have been act, to be deemdrunk or consumed upon the premises, and the person selling ed drinking on the same shall be subject to the like forfeitures and penalties the premises. as if such beer or cyder had been actually drunk or consumed in any house or upon any premises licensed only for the sale thereof as aforesaid.”

5. " The provisions in respect of billetting soldiers in vic. To what pertualling houses contained in any act of parliament for punishing for b Tetting mutiny and desertion, and for the better payment of the army soldiers under and their quarters, shall extend only to such persons licensed mutiny acts under this and the said recited act as shall be licensed to sell shall extend. beer or cyder to be drunk and consumed in the house or on the premises, and shall not extend or be deemed or construed to extend to such persons as shall be licensed to sell beer or cyder not to be consumed on the premises; any thing in the said recited act or this act to the contrary notwithstanding."

8.6. “ It shall be lawful for the justices of the peace of every Justices of the county, riding, division, franchise, liberty, city, town, and place, peace to reguin petty sessions assembled, and they are hereby required, to late the times fix once a year, within thirty days after the passing of this act, closing houses. in this year, and in every future year, in the counties of Middlesex and Surrey, within the first ten days of the month of March, and in every other county on some day between the 20th day of August and the 14th day of September inclusive, the hours at which houses and premises licensed to sell beer under this act shall be opened and closed : Provided always, Appeal. that any person thinking himself aggrieved by any such order to be so made, may appeal to the justices of the peace in quarter sessions assembled, at any time within four calendar months after the making of such order, giving to the justices by whom such order shall have been made fourteen days' notice of his intention to appeal, and the decision of the said justices so assembled in quarter sessions shall be final and conclusive: Provided also, that Proviso as the the hour so to be fixed for opening any such house shall not in hours to be any case be earlier than five of the clock in the morning, nor for fixed for open

ing and closing closing the same later than eleven of the clock at night, or before

houses. one of the clock in the afternoon on Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving; and the hours so fixed from time to time by such justices, with reference to the districts and places within their respective jurisdictions, shall be deemed and taken to be the hours to be observed and complied with under this act, as fully as if the same had been specially appointed by this act.”

§ 7. “ It shall be lawful for all constables and officers of police, Empowering and they are hereby authorized and empowered to enter into constables, &c. all houses which are or shall be licensed to sell beer or spi- houses.

1

c. 85.

4 & 5 W. 4. rituous liquors, to be consumed upon the premises, when and

so often as such constables and officers shall think proper; and
if any person having such licence as aforesaid, or any servant
or other person in his employ, or by his direction, shall refuse
to admit, or shall not admit such constable or officer of police
into such house or upon such premises, such person having such
licence shall for the first offence forfeit and pay any sum not
exceeding 51., together with the costs of the conviction, to
be recovered within twenty days next after that on which
such offence was committed, before one or more justices of the
peace; and it shall be lawful for any two or more justices before
whom any

such
person

shall be convicted of such offence for the
second time, to adjudge, if they shall so think fit, that such
offender shall be disqualified from selling beer, ale, porter, cyder,
or perry, by retail, for the space of two years next after such
conviction, or for such shorter space of time as they may think

proper."
Penalty for § 8. “If any person shall, in any certificate required by this
making or act, certify any matter as true, knowing the same to be false,
using false cer- or shall make use of any certificate for the purposes of this
tificates.

act, knowing such certificate to be forged, or the matters cer-
tified therein to be false, every such person shall, on conviction

of such offence before two or more justices of the peace, Licences ob- forfeit and pay the sum of twenty pounds; and every licence tained on false for the sale of beer or cyder by retail which shall be granted certificates to

to any person who shall have made use of any such certificate be void.

in order to obtain the same, such person knowing such certificate
to be forged, or the matters certified therein to be false, shall be
void to all intents and purposes; and any person who shall have
made use of such certificate shall for ever hereafter be dis-
qualified from obtaining a licence to sell beer or cyder by retail

under the provisions of the said recited act or this act.”
No licence for § 9. “ No licence for the sale of beer or cyder by retail
beer to be drank to be consumed or drank in the house or on the premises
on the premises shall be granted, except upon the certificate hereby required :
to be granted

Provided always, that in all extra-parochial places the cer-
without a certi-
ficate.

tificate required by this act may be signed and given by inha-
bitants rated to the poor at six pounds in any adjoining parish or

parishes."
Retailers com- § 10. “ In case any complaint shall be laid before two justices
pellable to pro. of the peace against any person licensed for any offence against
duce their li-

the tenor of his licence, or against this act or the said recited quisition of two

act, it shall be lawful for the said justices (if they shall think magistrates.

fit) to require such person to produce his licence before them
for their examination; and if such person shall wilfully neglect
or refuse so to do, he shall forfeit and pay for such offence
such sum not exceeding five pounds, as the said justices shall
think proper ; and such person shall and may be convicted,
proceeded against, and dealt with for such offence in all respects
in the same manner, mutatis mutandis, as is directed by the
said recited act with regard to persons guilty of a first offence
against the said act; and the penalty imposed for such offence shall
be applied in the same manner as a penalty for a first offence
against the said act is thereby directed to be applied.”

cences on re

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powers

$ 11. “ All the powers, regulations, proceedings, forms, pe. 4 & 5 W. 4. balties, forfeitures, and provisions contained in the said recited c. 85. act with reference to persons licensed under the said act, and to the offences committed by such persons against the said

provisions, and act, or against the tenor of any licence granted under the penalties of said act, and also with reference to the sureties of such per- i w. 4. c. 64. sons, and to persons doing the things thereby prohibited without to apply to perthe licence required by the said act, shall (except where they are under this act, altered by this act, or are repugnant thereto) be deemed and taken and to their to be applicable to all persons licensed under this act, and to all sureties, &c. offences committed by such persons of the same description as the offences mentioned in the said act, and to the sureties of all such persons in respect of such offences, and to all persons doing, without the licence required by this act, things of the same description as the things prohibited without the licence required by the said act, as fully and effectually as if all the said powers, regulations, proceedings, forms, penalties, forfeitures, and provisions had been repeated and re-enacted in this act, with reference to persons licensed under this act, and to the sureties of such persons, and to persons acting without the licence required by this act; and also, all the powers, regulations, and provisions in the said act contained, authorizing any party convicted to appeal to the general sessions or quarter sessions of the peace against any conviction under the said act, shall also extend and apply to any convictions under this act."

12. “ All the provisions of the said recited act shall be Recited act to deemed and taken to be in full force, save and except where continue in the same are altered by this act; and so much of the said force, except as act as relates to the interpretation of certain words therein hereby altered. mentioned shall be applied to the interpretation of the same words where used in this act.”

$13. “ From and after the passing of this act the duties pay- Duties on beer able on excise licences for the selling of beer by retail under licences under the provisions of the said recited act shall cease and determine,

the 1 W. 4. and in lieu of such duties there shall be levied, collected, and and new duties

c. 64. repealed, paid upon the licences hereby authorized to be granted the duties granted in lieu following ; (that is to say,)

thereof. For and upon every licence to be taken out by any person for the

selling by retail of beer not to be drank or consumed in or upon the house or premises where sold, the annual sum of one

pound one shilling : For and upon every licence to be taken out by any person for the

selling by retail of beer to be drank or consumed in or upon the house or premises where sold. the annual sum of three pounds three shillings."

14. “ The said last mentioned duties shall be under the Such duties to management of the commissioners of excise, and shall be raised, be under the levied, collected, and recovered, and accounted for and paid in management of the same manner, and by the same means, and under the of excise, and same regulations and provisions, pains, penalties, and forfeitures, to be recovered as are prescribed in the said recited act, with respect to and accounted the duties hereby repealed; all which said regulations and for under the provisions, pains, penalties, and forfeitures, shall apply to the provisions of

recited act. duties hereby imposed, and shall be enforced in respect of

c. 85.

persons li.

4 & 5 W. 4. the same as fully and effectually as if repeated and re-enacted in

this act." Not to affect § 15. “ Provided always, and be it further enacted, that nothing duty on herein contained shall affect, or be deemed or construed to affect, licences to retail cyder

the amount of duty payable according to the provisions of the said and perry, but recited act on licences to retail cyder and perry; but in every such licences such licence shall be specified whether the same is granted for the to state parti- sale of cyder and perry by retail to be drank or consumed not in culars.

or upon the house or premises where sold, or for the retail of cyder and perry to be drank or consumed in or upon the house

and premises where sold.” Licences under § 16. “No licence to be granted under the said recited act this act not to and this act for the sale of beer or cyder, shall authorize any authorize per

person to take out or hold any licence for the sale of wine, sons to hold licences for

spirits, or sweets or made wines, or mead or metheglin; and sale of wine. if any person licensed under the said recited act and this act

to sell beer or cyder shall permit or suffer any wine or spirits, Penalty on sweets or made wines, mead or metheglin, to be brought into his

house or premises to be drunk or consuined there, or shall suffer censed under this act per

any wine, spirits, sweets, mead or metheglin to be drunk or conmitting wine

sumed in his house or premises by any person whomsoever, such or spirits to be person shall, over and above any excise penalty or penalties to consumed on which he may be subject, forfeit twenty pounds, to be recovered, the premises. levied, mitigated, and applied in the same manner as other penal

ties (not being excise penalties) are by this act to be recovered,

levied, mitigated, and applied.” Penalty on § 17. “Every person not being duly licensed to sell beer, unlicenced per- cyder, and perry, as the keeper of a common inn, alehouse, sons selling

or victualling house, who shall sell any beer or cyder or perry beer and cyder by retail, to be by retail, not to be drank or consumed in or upon the house drank off the or premises where sold, without having an excise retail licence premises, 101; in force authorizing him so to do, shall forfeit ten pounds ; to be drank on

and every person not being duly licensed to sell beer, cyder, the premises,

and perry, as the keeper of a common inn, alehouse, or victualling house, who shall sell any beer, cyder, or perry by retail, to be drank or consumed in or upon the house or premises where sold, without having an excise retail licence in force authorizing him so to do, whether such person shall or shall not be licensed to sell beer to be drank or consumed off the premises where sold, shall forfeit twenty pounds ; which said penalties shall be sued for and recovered, mitigated and applied, by the same means and under the same provisions as any other penalty may sued for and recovered, mitigated and applied, under any law or

laws of excise." The board § 18. “Every person who shall be licensed to sell beer or over the door

cyder or perry by retail, under the authority of the said reto state “ Not cited act and this act, shall, on the board by the said act to be drunk on the premises,"

required to be placed over the door of every person licensed or “ To be under the same, paint or cause to be painted and kept thereon, drunk on the after the words " Licensed to sell beer or cyder by retail,” the premises." additional words “ Not to be drunk on the premises,” or “ To

be drunk on the premises," as the case may be, on pain of forfeiting the penalty by the said act imposed for not having such board aftised and continued over the door."

201.

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