II.-The Licensing Acts. THE ALEHOUSE ACT, 1828 (a). (9 GEO. 4, c. 61.) An Act to regulate the granting of Licences to Keepers of Inns (b), Section 1 enacts that general licensing meetings are to be held annually, such meetings to be holden 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; and 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 hereinafter 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. Section 2 enacts that in every such division or place as aforesaid there shall be holden, 21 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 under their hands, appoint the day, hour, and place upon and in which such general annual licensing meet- Notice of ing for such division or place shall be holden; and shall direct meetings to such precept to the high constable of the division or place for be given. which such meeting is to be holden, requiring him, within five days next ensuing that on which he shall have received such precept, to order the several petty constables or other peace officers within his constablewick to affix or cause to be affixed on the door of the church or chapel, and where there shall be no church or chapel, on some other public and conspicuous place (a) See pages 229 and 231, ante. men. (b) An inn is a place instituted for passengers and wayfaring A tavern is not within this definition (47 J. P. 579). It is an indictable offence for an innkeeper to refuse to entertain a traveller (R. v. Ivens, 7 C. and P. 213), the only excuses being that the innkeeper has no accommodation, or that the traveller is an unfit guest (R. v. Rymer, 46 J. P. 638). Notice of adjournment. Death, &c., of licensed person. Fees. Excise. within their respective districts, a notice of the day, hour, and place at which such meeting is appointed to be holden, and to give to or to leave at the dwelling-house of each and every justice acting for such division or place, and of each and every person keeping an inn, or who shall have given notice of his intention to keep an inn, and to apply for a licence to sell exciseable liquors by retail, to be drunk or consumed on the premises within their respective districts, a copy of such notice. Section 3 gives power for adjournment of meetings. Section 4 requires that special sessions for transferring licences be appointed. Section 5 requires that notice be given of the adjournment of the general annnal licensing meeting and special sessions. 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. Sections 7 and 8 contain provisions regarding qualification of justices for liberties, &c., acting elsewhere, also regarding justices in cinque ports. Section 9.-Questions respecting licences are to be determined, and licences are to be signed, by the majority of justices present at the meeting (a). Section 12 enacts that any person hindered from attending any licensing meeting by sickness may authorize another person to attend for him. Section 14 contains special provisions regarding death, change of occupancy, or other contingency. It also contains a proviso regarding the duration of licence granted in the event of such contingency, and defines the notices which the applicant is required to affix on door of church, chapel, &c., and to serve on overseers, constables, &c. Section 15.-Regarding fees to be paid for licences, and penalty for taking larger fees. Section 16 enacts that no sheriff's officer, or officer executing the legal process of any court of justice in any county or place, shall be capable of receiving or using any licence under this Act. By section 17 no licence for the sale of any exciseable liquors by retail, to be drunk or consumed on the premises of the person (a) See also "Licensing Act, 1872" (35 & 36 Vict. c. 94, ss. 37 to 50). licensed, shall be granted by the Commissioners of Excise, or by any officer of Excise, to any person whatsoever, unless such person shall have previously obtained from the justices a licence under this Act. Sections 20, 21, 22, 23, 25, 26, 27, 28, are all repealed, except Sections in so far as they relate to renewals and transfers under sections repealed. 4 and 14. Section 24 provides for recovery of penalties from justices. against justices, &c. Section 30 enacts that every action against any justice, con- Actions stable, or other person, for or on account of any matter or thing whatsoever done or commanded by him in the execution of his duty or office under this Act, shall be commenced within three calendar months after the cause of action or complaint shall have arisen, and not afterwards; and if any person shall be sued for any matter or thing which he shall have done in the execution of this Act, he may plead the general issue, and give the special matter in evidence. Section 36.-The Act is not to affect the two Universities, nor to alter time of licensing in London, nor alter any law of Excise, nor to prohibit the sale of beer at fairs in certain cases. Section 37.-Interpretation clause. SCHEDULES TO ACT. Schedule A gives form of notice which has to be affixed on the Schedules. door of the house, and of the church or chapel, or on other conspicuous place, when it is intended to apply for a licence to sell exciseable liquors by retail, to be drunk or consumed in a house not then kept as an inn, alehouse, or victualling house. Schedule B.-Notice of the intention of a licensed victualler to apply at the special session for permission to transfer such licence to some other person. TRANSFER OF LICENCES, &c. (1842). (5 & 6 VICT. c. 44.) An Act for the Transfer of Licences and Regulation of Public houses. Whereas it is expedient that greater facilities should be given in the transfer of licences of inns, alehouses, and victualling houses, and likewise that some regulations should be made, and Empower ing transfer of licences by justices at petty sessions. 9 Geo, 4, c. 61. for restraining the sale of spirituous liquors on board boats or other vessels at anchor in the River Thames: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act, at any petty session of justices of the peace holden in and for any division of every county and riding, and in any hundred of every county not being within such division, and in every liberty, city, town, or place within which any inn, alehouse, or victualling house shall be situated, and for which the said justices shall be acting, at any time when no special session shall be holden for any such division, hundred, liberty, city, town, or place, it shall be lawful, in those cases where justices of the peace assembled at a special session are empowered, by an Act passed in the ninth year of the reign of King George the Fourth, intituled "An Act to regulate the granting of Licences to Keepers of Inns, Alehouses, and Victualling Houses in England," to transfer or grant licences, before the expiration thereof, to sell exciseable liquors by retail in the same house or premises in respect of which any person had been theretofore duly licensed, for the majority of the justices then present, upon application made to them at any such petty session, by indorsement under their hands and seals on any licence which shall have been granted pursuant to the provisions of the said Act at any general licensing meeting, or at any adjournment thereof, to authorize (if they shall deem it proper so to do, after examining upon oath all necessary parties) any person not disqualified by the said Act, to whom it shall be proposed at the time of such application to transfer or grant any such licence, to use, exercise, and carry on the business of a licensed victualler at the same house and on the same premises, and there to sell such exciseable liquors as might theretofore have been lawfully sold and retailed therein; and thereupon it shall be lawful for the officer of Excise empowered to transfer licences by indorsement on the excise licences required to be transferred to give the like authority to the persons so authorized by the magistrate or justices; and the authority so granted shall continue and be in force until the then next ensuing special session which shall be holden for the division, hundred, liberty, city, town, or place within which such house and premises shall be situated, and no longer; at which special session the justices then and there assembled, upon application made to them pursuant to the said Act, touching any transfer or grant of licence to the party or parties to whom such authority shall have been so given at petty sessions as aforesaid, shall hear and dispose of such application according to the Proviso as to provisions of the said Act: Provided always, that nothing herein contained shall be construed to empower any justices at petty sessions to give any such authority as aforesaid within any of the divisions assigned or to be assigned to any of the police the metro politan police district. courts already established or to be established within the metropolitan police district, except in the borough of Southwark; but that any such application as is hereinbefore directed to be made at petty sessions shall, when the house and premises in respect whereof any licence shall have been obtained under the said Act shall be situated within any of the said police court divisions, and not in the borough of Southwark, be made to one of the police magistrates sitting at any of the said courts, and such magistrate shall in his discretion grant such authority in the manner and for the time hereinafter mentioned: Provided also, that any person or persons who shall be authorized, under the provisions of this Act, to continue to carry on the business of a licensed victualler, shall, after the obtaining such authority, and so long as the same shall continue in force, be subject to all the powers, regulations, proceedings, penalties, and provisions declared by or contained in any Act or Acts in force touching the regulation, government, or control of licensed keepers of inns, alehouses, and victualling houses, in like manner as if the same had been repealed and re-enacted, and that all penalties and forfeitures imposed by any such Act or Acts shall be applied as directed by the same respectively. licences are considered Section 2.-And be it enacted, That whenever it shall be proved When to the satisfaction of any such magistrate or justices at petty lost a copy session, upon any application made as aforesaid, that any licence may be ingranted pursuant to the said Act passed in the ninth year of dorsed and the reign of King George the Fourth has been lost or mislaid (a), valid. it shall and may be lawful for the said magistrate or justices to receive a copy of such licence, certified to be a true copy under the hand of the clerk to the licensing justices by whom the said licence shall have been granted, and to make such indorsement thereon as he or they might make under the provisions of this Act upon the original licence; and such indorsement upon the copy so certified shall be as valid and effectual as if the same had been made upon the said licence. Section 3.-And be it enacted, That for every such certified Fee for indorsing the copy and every such indorsement, a fee of 2s. 6d., and no more, copy. shall and may be demanded and taken. Section 4 is repealed. &c., to be Section 5.-And be it enacted, That no wines, spirits, or other ex- No wines, ciseable liquors shall be sold by retail on board of any boat, steam- sold on boat, or other vessel which shall be moored or lying at anchor board any, within the metropolitan police district, during the hours and boats or times on Sundays, Good Friday, and Christmas Day on which moored o licensed victuallers are by law obliged to keep their houses lying at closed; and any master, steward, mistress or stewardess, or any anchor other person on board any such boat, steamboat, or other vessel, time when during the vessels (a) See page 444, post. |
