to be held an Lincoln, and in every hundred of every county, not being within 9 G. 4. c. 61. any such division, and in every liberty, division of every liberty, county of a city, county of a town, city, and town corporate, in that part of the united kingdom called England, there shall be nually. (a) annually holden a special session of the justices of the peace (to be called the general annual licensing meeting), for the purpose of granting licences to persons keeping or being about to keep inns, alehouses, and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed on the premises therein specified; and that such meetings shall be holden in the counties Time of holdof Middlesex and Surrey within the first ten days of the month of ing such meetMarch, and in every other county on some day between the ings. twentieth day of August and the fourteenth of September inclusive; and that it shall be lawful for the justices acting in and for such county or place assembled at such meeting, or at any adjournment thereof, and not as herein-after disqualified from acting, to grant licences, for the purposes aforesaid, to such persons as they the said justices shall, in the execution of the powers herein contained, and in the exercise of their discretion, deem fit and proper." § 2. "In every such division or place as aforesaid there shall be holden twenty-one days at the least before each such general annual licensing meeting, a petty session of the justices acting for such county or place, the majority of whom then present shall, by a precept (6) under their hands, appoint the day, hour, and place upon and in which such general annual licensing meeting for such division or place shall be holden; and Notice of meetshall direct such precept to the high constable of the division ings to be Time and place how to be ap pointed. or place for which such meeting is to be holden, requiring him, given. §3. "It shall be lawful for the justices acting at the general Adjournment annual licensing meeting, and they are hereby required to con- of meetings. tinue such meeting by adjournment to such day or days, and to (a) By the stat. 4 W. 4. c. 6. (the annual Mutiny Act) § 73., it is enacted, Licensing of "that when any persons shall hold any canteens under proper authority of the canteens. board of ordnance, it shall be lawful for any two justices, within their respective jurisdictions, to grant or transfer any beer, wine, or spirit licence to such persons, without regard to time of year, or to the notices or certificates required by any act in respect of such licences; and the commissioners of excise, or their proper officers, within their respective districts, shall also grant such licences as aforesaid; and such persons so holding canteens, and having such licences, may sell therein victuals and exciseable liquors, as empowered by such excise licence, without being subject to any penalty or forfeiture." (6) See the form of such precept, post, p. 76. 9 G. 4. c. 61. Special sessions for transferring licences to be appointed. Notice to be given of the adjournment of the general annual licensing meeting and special sessions. V hat justices shall be disqualified from acting. such place or places within the division or place for which such meeting shall be holden, as such justices may deem most convenient and sufficient for enabling persons keeping inns within such division or place to apply for such licence: Provided nevertheless, that the adjourned meeting to be holden next after such general annual licensing meeting shall not be so holden in or upon any of the five days next ensuing that on which such general annual licensing meeting shall have been holden as aforesaid; and that every adjournment of the said general annual licensing meeting shall be holden within the month of March in the counties of Middlesex and Surrey, and of August or September in every other county." § 4. The justices assembled at the general or quarter session which shall be holden at Michaelmas next after the passing of this act, and at the general annual licensing meeting in every subsequent year, shall appoint not less than four nor more than eight special sessions, to be holden in the division or place for which each such meeting shall be holden in the year next ensuing such general annual licensing meeting, at periods as near as may be equally distant; at which special session it shall be lawful for the justices then and there assembled, in the cases and in the manner and for the time herein-after directed, to license such persons intending to keep inns theretofore kept by other persons being about to remove from such inns, as they the said justices shall, in the execution of the powers herein contained, and in the exercise of their discretion, deem fit and proper persons, under the provisions herein-after enacted, to be licensed to sell exciseable liquors by retail, to be drunk or consumed on the premises." § 5. "Whenever the justices shall have ordered any such adjournment of the general annual licensing meeting, or shall have appointed such special sessions as aforesaid, the day, hour, and place for holding every such adjourned meeting, and every such special session, shall be appointed by precept of the majority of the said justices, directed to the high constable, requiring notices, similar in form to those given at the general annual licensing meeting, to be affixed on the door of the church or chapel, or on some other public and conspicuous place, and to be served upon the same parties." § 6. "No justice who shall be a common brewer, distiller, maker of malt for sale, or retailer of malt or of any exciseable liquor, or who shall be concerned in partnership with any common brewer, distiller, maker of malt for sale, or retailer of malt or of any exciseable liquor, shall act in or be present at any general annual licensing meeting, or at any adjournment thereof, or at any special session for granting or transferring licences under this act, or shall take part in the discussion or adjudication of the justices upon any application for a licence, or upon any appeal therefrom; and no justice shall act upon any of the aforesaid occasions, in the case of any house licensed or about to be licensed under this act, of which such justice shall be the owner, or for the owner of which he shall be manager or agent, or of any house being in whole or in part the property of any common brewer, distiller, maker of malt for sale, or retailer of malt or of any exciseable liquor, to whom such jus tice shall be, either by blood or by marriage, the father, son, or 9 G. 4. c. 61. brother, or of whom such justice shall be the partner in any other trade or calling; and that every justice who, being hereby disqualified, shall knowingly or wilfully so offend, shall for every such offence forfeit and pay the sum of 100l.: Provided always, that nothing herein contained shall extend to disqualify any justice (not otherwise disqualified, and having no beneficial interest in the house licensed or about to be licensed under this act,) from acting on any of the occasions aforesaid, by reason of the legal estate in such house being vested in him as trustee for any person or persons, or for any charitable or public use or purpose whatsoever." §7. Whenever at any of the meetings to be holden as aforesaid for any liberty, county of a city, county of a town, city, or town corporate, there shall not be present at least two justices acting in and for any such liberty, county of a city, County of a town, city, or town corporate, who are not disqualified, it shall be lawful for the justices acting in and for the county or counties adjoining to such liberty, county of a city, county of a town, city or town corporate, and not disqualified from acting, to act within such liberty or place, and with the jus tice or justices thereof, not as hereinbefore disqualified, who shall be present at any such meeting as aforesaid, for the purpose of granting or transferring licences under, or of hearing complaints as to offences against, this act; any law, custom or usage to the contrary notwithstanding." § 8. "Provided always, and be it further enacted, that nothing herein contained shall extend to give the justices of the county, or any division thereof, any power or authority for the putting of the provisions of this act in execution within any of the cinque ports, or either of the two ancient towns, or any of the corporate or other members or liberties of the cinque ports or two ancient towns; but that it shall be lawful for the justices of and for each of the principal cinque ports and two ancient towns, and not as hereinbefore disqualified from acting, and none other, to act within and for the same, and the liberties thereof, not corporate respectively, as they have been accustomed, and for them or any of them (not so as last aforesaid disqualified) to act within each of the corporate members immediately belonging or subordinate to such principal cinque port or ancient town, with the justice or justices of each such corporate member, (not so as last aforesaid disqualified,) for the purpose of granting or transferring licences under, or of hearing complaints as to offences against, this act, in all such cases in which the justices of the county are herein-before empowered or authorised to act with the justice or justices of any liberty, county of a city, county of a town, city, or town corporate." When in liberties, &c. two justices not disqualified do not attend, the county justices may act. Powers hereby given to the justices of the extend to the cinque ports. county not to determined, and 9. "When (at any of the meetings aforesaid) any question, Questions retouching the granting, withholding, or transferring any licence, specting lior the fitness of the person applying for such licence, or of cences to be the house intended to be kept by such person, shall arise, licences to be such question shall be determined by the majority of justices, signed, by the not disqualified, who shall be present when such question shall majority of jusarise; and every licence granted under the authority of this act tices at the meeting. 9 G. 4. c. 61. Notice of application for a a house as an inn, not previously kept as such. shall be signed by the majority of the justices, not disqualified, who shall be present when such licence shall be granted." " §10. Every person intending to apply for a licence to sell exciseable liquor by retail, to be drunk or consumed in any licence to keep house not theretofore kept as an inn, shall affix or cause to be affixed a notice on the door of such house, and on the door of the church or chapel of the parish or place in which such house shall be situate, and where there shall be no church or chapel, on some other public and conspicuous place within such parish or place, on three several Sundays, between the first day of January and the last day of February, in the counties of Middlesex and Surrey, and elsewhere between the first day of June and the last day of July, at some time between the hours of ten in the forenoon and of four in the afternoon, and shall serve a copy of such notice upon one of the overseers of the poor, and upon one of the constables or other peace officers of the said parish or place, within the month of February in the counties of Middlesex and Surrey, and elsewhere within the month of July, prior to the general annual licensing meeting; and every such notice, and the copies thereof, shall be written in a fair and legible hand, or printed, and shall be according to the form in the schedule hereunto annexed (marked A.), and shall be signed by the party intending to make such application, or by his agent thereunto authorized, and shall set forth the situation of the house in a true and particular manner, and the christian and surname of the party applying, together with the place of his residence, and his trade or calling, during the six months previous to the time of serving such notice, and his intention to apply for a licence to sell exciseable liquor by retail, to be drunk or consumed in such house or premises.' Notice of application to transfer a li cence. Any person hindered from attending any licensing meeting by sickness may authorize § 11. "Every person holding a licence under the authority of this act, or his heirs, executors, administrators, or assigns, being desirous to transfer such licence to some other person, and intending to apply at the special session then next ensuing for permission so to do, shall, five days at the least prior to such special session, serve a notice of such his intention upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish or place in which the house kept by the person so holding such licence is situate; and every such notice shall be written in a fair and legible hand, or printed, and shall be according to the form in the schedule hereunto annexed (marked B.), and shall be signed by the party intending to make such application, or by his agent thereunto authorized, and shall set forth the christian and surname of the person to whom it is intended that such licence shall be transferred, together with the place of his residence, and his trade or calling, during the six months previous to the time of serving such notice." § 12. "If any person intending to apply at the general annual licensing meeting, or at any adjournment thereof, or at any special session, for any licence to be granted under the authority of this act, or for the transfer of any such licence, shall be hindered by sickness, or infirmity, or by any other reasonable cause, from attending in person at any such meeting, it to attend for shall be lawful for the justices there assembled to grant or transfer another person him. such licence to such person so hindered from attending, and 9 G. 4. c. 61. to deliver the same to any person then present who shall be duly authorized by the person so hindered from attending to receive the same, proof being adduced to the satisfaction of such justices, who are hereby empowered to examine upon oath into the matter of such allegation, that such person is hindered from attending by good and sufficient cause." cence. §13. Every licence which shall be granted under the au- Form of lithority of this act shall be according to the form in the schedule hereunto annexed (marked C.), and shall be in force in the counties of Middlesex and Surrey from the fifth day of April, and elsewhere from the tenth day of October, after the granting thereof, for one whole year thence respectively next ensuing, and no longer; and every licence for the purposes aforesaid, which shall be granted at any other time or place or in any other form than that hereby directed, except as hereinafter excepted, shall not entitle any person to obtain an excise licence for selling exciseable liquors by retail, to be drunk or consumed on the premises of the person licensed, and shall be utterly void to all intents and purposes." 14. "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 above mentioned cases, and in such cases only, to grant to the heirs, executors, or administrators of the person so dying, or to the assigns of such person becoming incapable of keeping an inn, or to the assignee or assignees of such bankrupt or insolvent, or to any new tenant or occupier of any house having so become unoccupied, or to any person to whom such heirs, executors, administrators, or assigns shall by sale or otherwise have bond fide conveyed or otherwise made over his or their interest in the occupation and keeping of such house, a licence to sell exciseable liquors, by retail, to be drunk or consumed in such house, or the premises thereunto belonging; or to grant to the person whose house shall as aforesaid have been or shall be about to be pulled down or occupied for the improvement of the highways, or for any Provision for death, change of occupancy, or other con tingency. |