IV. Penalty under S5 G. 3. c. 113., upon Unlicensed Persons selling Exciseable Liquors by Retail, p. 49. V. Proceedings by Persons aggrieved in respect of refusing or granting Licences, p. 57. VI. Offences in brewing Ale, p. 63. [1 W.3. sess. 1. c. 24.-10 & 11 W. 3. c. 21.-9 Ann. VII. Concerning the Measure of Liquors, p. 63. VIII. Enhancing the Price of Ale, p. 64. IX. Harbouring Offenders against the Revenue Laws, p. 64. [21 J. 1. c. 7.] XI. Concerning Drunkenness, p. 65. [21 J. 1. c. 7.] XII. Innkeepers obliged to receive Guests, p. 66. XIII. Soldiers quartered in Alehouses, p. 66. XIV. Detaining Goods for the Reckoning. Act, p. 67. [24 G. 2. c. 40.] The Tippling XV. Goods of a Guest stolen out of an Inn, p. 69. XVI. Guests stealing Goods, p. 71. XVII. Forms, p. 71. I. Concerning Inns and Alehouses in general. EVERY inn is not an alehouse, nor every alehouse an inn; but if an inn uses common selling of ale, it is then also an alehouse; and if an alehouse lodges and entertains travellers, it is also an inn. (a) (a)" An inn is a house, the owner of which holds out, that he will receive all travellers and sojourners, who are willing to pay a price adequate to the sort of accommodation provided, and who come in a situation in which they are fit to be received. A lodging-house keeper, on the other hand, makes a contract with every man that comes; whereas an innkeeper is bound, without making any special contract, to provide lodging and entertainment for all, at a reasonable price." By Mr. Justice Best, in Thompson v. Lacy, 3 Barn. & Ald. 287. See also Bac. Abr. tit. Jnns; (B.) and Jones v. Osborn, 2 Chitt. Rep. 484. A sign is not essential to an inn, but it is evidence of it: By Holt C. J., in Parker v. Flint, 12 Mod. 255. If a man put a sign at his door, and harbour guests, that shall be deemed a common inn, and the owner chargeable as an innkeeper; and, if after taking down the sign, he continues to entertain travellers, it shall be deemed a common inn, as if he had a sign: 2 Roll. Rep. 345. It was held that one who lived at Epsom, and lodged strangers in the season for drinking the waters, and dressed victuals for them, and sold beer to his lodgers, and to none else, and found hay for their horses, was not an innkeeper, nor could his house be considered as an inn; and further, that it was not an alehouse or victualling house within the acts of parliament then (10 W. 3.) passed; for in order to be such, it must be a communis taberna, wherein drink, &c. is communiter sold to all the king's subjects: Difference between inns and alehouses. Licences to erect inns. Inn indictable. [See note (a) infra.] Innkeepers selling ale. Inns to be licensed. 21 Jac. 1. c. 21. Innkeepers' charges. Horse-bread. It was resolved by all the judges, that any person might erect an inn to lodge travellers, without any licence or allowance. Hutt. 99. Dalt. c. 56. But it seems to be agreed, that the keeper of an inn may by the common law be indicted and fined, as being guilty of a public nuisance, if he usually harbour thieves, or persons of scandalous reputation, or suffer frequent disorders in his house, or take exorbitant prices, or set up a new inn in a place, where there is no manner of need of one, to the hinderance of other ancient and wellgoverned inns, or keep it in a place in respect of its situation wholly unfit for such a purpose. 1 Haw. c. 78. § 1. And if an inn use the trade of an alehouse, as almost all innkeepers do, it shall be within the statutes made about alehouses. Dalt. c. 56. It hath been also agreed by law, that innkeepers ought to have licence, and be bound by recognizance for keeping good order, as alehouse-keepers are. Dalt. c. 7. 24. Crom. 77. (a) By stat. 21 Jac. 1. c. 21. § 2. (which repeals former statutes in this matter) hostlers and innholders are prohibited from making any horse-bread, but bakers shall make it, and the assize shall be kept, and the weight be reasonable, after the price of the corn or grain in the markets adjoining. 12 Mod. 254. A house of public entertainment in London, where beds, provisions, &c. are furnished for all persons paying for the same, but which is merely called a tavern and coffee-house, and is not frequented by stage coaches and waggons from the country, and which has no stables belonging to it, is to be considered as an inn, and the owner is subject to the liabilities of an innkeeper, and that even where the guest does not appear to be a traveller, but one who has previously resided in furnished lodgings in London: Thompson v. Lacy, 3 Barn. & Ald. 283. In Doe v. Laming, 4 Camp. 77., Lord Ellenborough held, that a coffeehouse is not an inn within the meaning of a policy of insurance against fire, enumerating the trade of an innkeeper with others as doubly hazardous. (a) This does not appear to be quite correctly stated. The passages in Dalton and Crompton, which are cited as authorities, refer to a case decided 16 Eliz., which must be considered as overruled by the resolution of the judges in 22 Jac. 1., when it was resolved, upon a conference at Serjeants' Inn in Fleet Street, that any one might erect an inn for lodging of travellers, without any allowance or licence, as well as any one might, before the statutes of Edw. 6., have kept a common alehouse. Hutt. 99. Before the stat. 5 & 6 Edw. 6. c. 25. it was lawful for any one to keep an alehouse without licence, for it was a means of livelihood which any one was free to follow; though, if it was so kept as to be disorderly, it was indictable as a nuisance: Stephens v. Watson, 1 Salk. 45. that statute (repealed by stat. 9 G. 4. c. 61. § 35.), it was enacted that no one By should be suffered to keep any common alehouse or tippling house, but such as were allowed by justices of the peace, and should be bound by recognizance. However, it was agreed that this statute, and other subsequent statutes concerning the licensing of alehouses, &c. did not extend to inns, unless an inn degenerated into an alehouse by suffering disorderly tippling, &c., in which case it should be deemed as such: Bac. Abr. tit. Alehouses (A.) Therefore it was agreed that any person might set up an inn, unless the doing so amounted, by reason of its situation, to a public nuisance: for the keeping of an inn is no franchise; but a lawful trade open to every subject. Bac. Abr. Inns (A.) But at this day, the business of an inn cannot be carried on without a licence, because, by modern acts of parliament, a person selling any exciseable liquor by retail, to be drunk on the premises, must have a magistrate's licence; and also an excise licence (see tit. Ercise). And no such excise licence (see stat. 9 G. 4. c. 61. § 17. infra, p. 36.) shall be granted, except to a person having previously obtained a magistrate's licence. And they shall sell their horse-bread, and also their hay, oats, Hay, oats, &c. beans, pease, provender, and also all kind of victual both for man to be sold for and beast, for reasonable gain, having respect to the prices for reasonable gain. which they shall be sold in the markets adjoining, without taking any thing for litter. 3. enables them to make horse-bread when no baker dwells in the same town. By §4., if the horse-bread which any of the said hostlers or Power of jusinnholders make be not of due assize, or if any of them shall offend tices herein. in any thing contrary to this act, the justices, sheriffs, and stewards in their leets, may hear and determine, &c.; and for the first offence the hostler or innholder shall be fined; for the second offence, be imprisoned for one month; and for the third offence, shall stand upon the pillory (a); and for the fourth, shall be forejudged for keeping any inn again. By the commission of the peace, two justices (1 Q.) may in- Power of jusquire of innholders, and of all and singular other persons, who tices by the shall offend in the abuse of weights and measures, or in the sale commission. of victuals, against the form of the ordinances in that behalf made. II. Retail Sale of Beer and Cpder. 1. The Act (1 W. 4. c. 64.) to permit the general Sale of Beer and Cyder by Retail. 2. The Act (4 & 5 W. 4. c. 85.) to amend the former Statute. Every sale of any beer, or of any cyder or perry, in any less What is a retailquantity than four gallons and a half, shall be deemed and taken ing of beer, &c. to be a selling by retail. (See stat. 4 & 5 W.4. c. 85. § 19. post, p. 27.) 1. The Act to permit the general Sale of Beer and Cyder by Retail. [Stat. 1 W. 4. c. 64. § 1. All persons licensed under this act may sell beer by retail, p. 7. In London licences shall be granted by the commissioners of excise, &c. Elsewhere in England, by the collectors and supervisors of excise, Licence duty, p. 8. No licence shall be granted to a sheriff's officer or non-householder, Register of licences, p. 8. Licences shall be produced for the inspection of magistrates, p. 8. 3. Licence duty shall be under the management of the commissioners of excise, and carried to the consolidated fund, p. 9. 4. Party requiring licence shall enter into a bond with sureties, for payment of penalties, p. 9. 5. No person licensed to sell beer shall be competent to be a surety, p. 9. 6. Persons licensed to retail beer shall put up descriptive boards, p. 9. (a) By stat. 56 G. 3. c. 138. the punishment of the pillory is abolished, except in cases of perjury and subornation of perjury. 1 W. 4. c. 64. § 7. No person shall sell beer, after the expiration of his licence, p. 10. Penalty on selling without licence, 201., p. 10. 8. Such penalty may be recovered as other excise penalties, p. 10. Licence shall not extend to any other house, p. 11. § 11. Houses to be closed by order of justices in cases of riot, &c., p. 11. 13. Penalty on retailers permitting drunkenness, &c. in their houses, p. 11. Third offence, p. 12. Penalty on mixing drugs in beer, or adulterating beer, p. 12. First offence, p. 12. Second offence, p. 12. Penalty on selling after conviction of second offence, p. 12. § 14. Retailers' houses shall not be open before four in the morning, nor after ten in the evening; nor on Sundays between ten and one, or three and five, in the day, p. 12. § 15. Penalties recoverable before two justices in petty sessions within three months after offence committed, p. 13. § 16. Appeal to the quarter sessions, p. 13. 17. Court to adjudge costs of appeal in certain cases, p. 14. § 18. Proceedings at the session in certain cases to be carried on by the petty constable, p. 15. Expenses of prosecution to be charged on county rates, p. 15. $ 19. In default of payment of penalties, proceedings may be had against the sureties, p. 15. § 20. Penalty on witnesses not attending, p. 16. 21. Penalties may be levied by distress, p. 16. If offender have not sufficient goods whereon to levy, justices may commit him, p. 16. Proviso for offenders paying penalties, &c. to gaoler, p. 16. $ 22. Application of penalties, p. 16. $23. If justices of liberties, &c. do not attend at sessions, the county justices may act, p. 17. § 24. Powers hereby given to justices of counties not to extend to the Cinque Ports, p. 17. $25. Form of conviction, p. 17. 26. Convictions to be returned to the quarter sessions, and filed of record, p. 17, 18. § 27. Writ of certiorari not to be allowed, p. 18. § 28. Actions against justices, &c. p. 18. 29. Act not to affect the two Universities, nor the Vintners' Company in London, p. 18. Nor to prohibit the sale of beer at fairs as heretofore, p. 18. § 30. Licences to retail cyder may be granted under the regulations of this act, on payment of 17. 1s. duty, p. 18. Provisions and penalties of this act with respect to the sale of beer to apply to the sale of cyder, p. 18. Persons licensed to retail beer may also retail cyder, p. 19. § 31. Covenants against houses, &c. being used as public houses to extend to persons licensed under this act, p. 19. $ 32. Rules for the interpretation of this act, p.19.] By stat. 1 W. 4. c. 64., intituled An act to permit the general sale of beer and cyder, by retail, in England, after reciting that it is expedient for the better supplying the public with beer in England, to give greater facilities for the sale thereof than are at present afforded by licences to keepers of inns, alehouses, and victualling-houses, it is enacted, "that from and after the tenth day of October, one thousand eight hundred and thirty, it shall and may be lawful for any and every person who shall obtain 1 W. 4. c. 64. a licence for that purpose under the provisions of this act to sell beer, ale, and porter by retail, in any part of England, in any house or premises specified in such licence; any thing in any act or acts heretofore made, or in force at the time of the passing of this act to the contrary in anywise notwithstanding." (a) All persons licensed under this act may sell beer by retail. (b) 2. "It shall be lawful for every and any person, being Parties desirous a householder, (other than and except such persons as are of retailing beer hereinafter specially excepted,) who shall be desirous of selling shall take out beer, ale, and porter by retail, under the provisions of this act, a licence. to apply for and to obtain an excise licence for that purpose; and in every application (c) for such licence there shall be specified, set forth, and inserted the christian name and surname of the party applying for such licence, and a description of the house or premises in which beer, ale, and porter is intended to be sold by retail by such person, together with the christian names and surnames and the occupation and residence of the person or persons who shall be proposed as surety or sureties for the party so to be licensed; and any and (a) These words have been held to shew, that the only restriction which the legislature meant to take away by this act, was the parliamentary restriction imposed by former statutes, and therefore that the present statute does not supersede the custom of a borough, that no person shall carry on the trade of an alehouse keeper within the limits of the borough who is not a burgess. Mayor of Leicester v. Burgess, 5 B. & Adol. 246. (6) But the statute of 1 W. 4. c. 51. § 22. contains the following enactment: "And whereas an act was passed in this present session of parliament, intituled An Act to permit the general sale of beer and cyder by retail in England, whereby the commissioners of excise are authorised and empowered to grant licences to persons to retail ale or beer or cyder, without such persons obtaining or producing a certificate or authority granted to such persons by justices of the peace or magistrates; be it further enacted, that nothing in the said act or in this or any other act contained shall extend or be deemed or construed to extend in any manner to interfere with the licences now required by law to be taken out and renewed by brewers of and dealers in beer, and persons keeping common inns, alehouses, and victualling houses, and selling beer, ale, and cyder, and wines and spirituous liquors, by retail, to be drank or consumed on the mises, but that all and every brewers and brewer of and dealer in beer shall take out such licences as are now by law required to be taken out by such brewers and dealers respectively; and every person who shall sell any beer or ale in quantities not less than four gallons and a half or two dozen reputed quart bottles, to be drank or consumed elsewhere than on the premises where sold, shall be deemed a dealer in beer; and every person who shall keep a common inn, alehouse, or victualling house, and sell beer, ale, and cyder, and wines and spirituous liquors by retail, to be drank and consumed on the premises, shall take out the several licences now by law required, under the same rules, regulations, restrictions, powers, authorities, provisions, penalties, and forfeitures as such licences are now granted and issued under." pre [N. B. This statute, though in fact passed before the stat. 1 W. 4. c. 64., assumes that the latter statute was already passed.] Again, by stats. 4 and 5 W. 4. c. 85. § 16. it is provided, that no licence to be granted under that act, or the stat. 1 W. 4. c. 64. shall authorise any person to take out or hold any licence for the sale of wine, spirits, or sweets or made wines, or mead, or metheglin. See post, p. 26. Also by § 20. of the same statute, all persons licensed to sell beer or cyder by retail, selling wines, or spirits, or any made or sweet wines, or mead, or me theglin, without being licensed so to do, shall be liable to all the penalties imposed by the laws of excise for selling the same without licence. See post, p. 27. (c) See the form of an application, post, p. 72. The stat. does not supersede the custom of a borough, that none but bur gesses shall keep alehouses there. Nothing in the act 1 W. 4. c.64. to affect the licences re quired by law to be taken out by brewers and dealers in beer, and by publi cans; nor licences for the sale of wine, &c., or spirits. |