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c. 6, s. 1, now gives absolute discretion to justices to grant or refuse licences for the consumption of beer off the premises, and provides for certificates being only granted at the general annual licensing meeting.
Penalty on forgery of certificate 201., or six months' imprisonment.
Sections 12, 13, 14, 15, 16, 17, and 18 of Act are repealed.
Section 20.—Nothing in the Act is to affect the privileges of the universities, the Vintner of London, or the city of St. Albans.
THE LICENSING ACT, 1872 (b).
(35 & 36 Vict. c. 94.)
An Act for regulating the sale of Intoxicating Liquors.
Section 1.-This Act may be cited as “The Licensing Act, 1872."
Section 2.-The Act does not extend to Scotland.
Section 3.—No person shall sell or expose for sale by retail Selling
without any intoxicating liquor (c) without being duly licensed to sell
license. the same, or at any place where he is not authorized by his license to sell the same. The selling or exposing for sale by retail any intoxicating liquor without being duly licensed to sell the same, or selling or exposing the same for sale at any place other than that authorized in the license, subjects the offender to the following penalties :(1.) For the first offence a penalty not exceeding 501., or
one month's imprisonment.
or three months' imprisonment, and he may be dis-
(6) See page 231 and pages 234 to 236, ante. (c) Botanic beer made without hops is not within the Act (Leah v. Minnes, 47 J. P. 148).
(3.) For the third and subsequent offences a penalty not
exceeding 1001., or imprisonment for six inonths, and he may be disqualified for any term or for ever from
holding any license for sale of intoxicating liquors. In addition the license holder shall, on conviction for a second or any subsequent offence, forfeit his license. Liquor and vessels found may also be forfeited.
The section contains a clause enabling the heirs, executors, or assigns of any licensed person, or a trustee in bankruptcy, &c., to sell intoxicating liquor on licensed premises between death of
person and the special sessions then next ensuing, &c. Liability of
Section 4.—The occupier or occupiers of unlicensed premises occupier of unlicensed on which any intoxicating liquor is sold, shall, if privy or conpremises. senting to sale, be subject to the same penalties as those imposed
upon persons for selling without license. Drinking on premises
Section 5.--A person licensed to sell intoxicating liquor not contrary to to be drunk on the premises shall be liable to the following license. penalties if, with his privity or consent, a purchaser drinks such
liquor on the premises where the same is sold, or on any highway adjoining (a) or near such premises :-For the first offence a penalty not exceeding 101.; for the second and any subsequent offence a penalty not exceeding 201. The expression “premises where the same is sold ” shall include any premises adjoining or near the premises where the liquor is sold, if belonging to the seller of the liquor or under his control, or used by his per
mission. Evasion of
Section 6.—Where a person licensed to sell intoxicating law as to drinking on liquors not to be drunk on the premises suffers any such premises liquor to be taken out of the premises for the purpose of being contrary to sold for his benefit or profit, and of being drunk or consumed in
any other house, or in any tent, shed, or building belonging to or hired, used, or occupied by such licensed person, or on or in any place, whether enclosed or not, and whether or not a public
(a) If a person drinks the liquor at or near the door, or a person with a waggon and horses draws up in front of or near to the licensed premises, and then purchases liquor, and with the privity or consent, expressed or implied, of the landlord drinks it near to the premises, it seems an offence would be committed. Beer was purchased and carried across a highway to the occupier of a cottage, who handed the jug back over his garden wall to persons who drank part of the beer on the highway. The jug was refilled, the beer drunk as before, and appellant saw what was going on. The conviction was quashed, but had there been clear evidence that appellant connived at the drinking, the conviction might have been upheld (Bath v. White, 26 W.R. 617; 42 J. P. 375; Stone's Justices' Manual, 22nd ed. p. 383).
thoroughfare, such licensed person shall be liable to the penalties set forth in section 5 of this Act. The ownership by the seller of the premises, &c., to which such liquor is taken need not necessarily be proved if satisfactory proof be given that such liquor was taken there with intent to evade the conditions of license.
Section 7.-Every holder of a license who sells or allows any Sale of person to sell, to be consumed on the premises, any description spirits to of spirits to any person apparently under the age of 16 years, shall be liable to penalties—20s. for first offence; 40s. for second and subsequent offences.
Section 8.-Every person who shall sell all intoxicating liquor Sale by which is sold by retail and not in cask or bottle, and is not sold standard in a quantity less than half a pint, in measures marked according to the imperial standards. Any contravention of this section subjects the offender to a penalty of 101. for the first offence, and 201. for second and subsequent offences, together with forfeiture of illegal measures.
Section 9.-Every person who makes or uses any internal Internal communication between any licensed premises and any un- communicalicensed premises used for public entertainment or resort, or as a refreshment house, is liable to a penalty of 101. a day during time such communication remains open, and, in addition, forfeiture of license, if a license holder.
Section 10.-Any licensed person having on his licensed pre. Iilicit mises any description of intoxicating liquor which he is not storing of authorized to sell, unless he shall satisfactorily account for the liquor. same, shall forfeit such liquor and the vessels containing it, and shall be liable to a penalty of 101. for the first offence, and 201. for any subsequent offence.
Section 11.--Every licensed person is required under penalties Names to keep painted or affixed to his premises his name, with addition affixed to
. of the word “licensed,” and words sufficient to express the business for which his license has been granted, &c. (See section 28, Licensing Act, 1874, post.)
OFFENCES AGAINST PUBLIC ORDER. Section 12.-Every person found drunk in any highway or Persons other public place, whether a building or not, or on any licensed found drunk premises (6), shall be liable to the following penalties :-For a
(6) A licensed house is a private place after the house is closed to the public. A publican cannot, therefore, be convicted of being found drunk on his own licensed premises after the house is closed. (Lester v. Torrens, 25 W.R. 694; 41 J. P. 821).
first offence, 108.; second offence within 12 months, 20s.; third or subsequent offence within 12 months, 40s. Every person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous (a) or disorderly behaviour, or who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded fire-arms, may be apprehended, and shall be liable to a penalty of 40s., or one month's imprisonment. In case of commitment for non-payment of penalty, the court may order the imprisonment to be with hard
labour (6). Penalty for Section 13.-A licensed person permitting drunkenness (6) or permitting any violent, quarrelsome, or riotous conduct to take place on his
premises, or selling intoxicating liquor to a drunken person, iş liable to a penalty of 101. for first offence, and 201. for second
and subsequent offences. Penalty for Section 14.- If any licensed person knowingly permits his keeping dis- premises to be the habitual resort of or place of meeting of house. reputed prostitutes, he all, if he allow them to remain thereon
longer than is necessary for the purpose of obtaining reasonable refreshment, be liable to a penalty of 101. for first offence, and
201. for second and subsequent offences. Permitting Section 15.—Any licensed person convicted of permitting his be a brothel. premises to be a brothel, is liable to a penalty of 201. and for
feiture of license, and he shall be disqualified for ever from hold.
ing any license for the sale of intoxicating liquors. Harbouring Section 16.—If any licensed personconstable.
(1.) Knowingly harbours or suffers to remain on his pre
mises any constable during any part of the time appointed for such constable being on duty, unless for the purpose of keeping or restoring order or in.
execution of his duty; or (2.) Supplies any liquor or refreshment, whether by way of
gift or sale, to any constable (c) on duty unless by authority of some superior officer of such con
stable; or (3.) Bribes or attempts to bribe any constable, he shall be liable to a penalty of 101. for first offence, and 201. for second or subsequent offences.
(a) The word " riotous” means noisy, turbulent, or uproarious conduct, disturbing the quiet and good order of a place, and is not used in the same sense as in an indictment for a riot.
(6) A publican cannot be convicted under this section for being drunk on his own premises (Warden v. Tye, 46 L. J. 111; 41 J.P. 120).
(c) See Mullins v. Collins, 38 J. P. 84.
Section 17.-If any licensed person
on on his premises; or
kept, or used in contravention of the Act 16 & 17
subsequent offences. Section 18.—Any licensed person may refuse to admit to and Exclusion of may turn out from his licensed premises any person who is drunkards drunken, violent, quarrelsome, or disorderly, and any person mises. whose presence on his premises would subject him to a penalty under this Act. Any such person who upon being requested by such licensed person, or his agent or servant, or any constable, to quit such premises, refuses or fails so to do, shall be liable to a penalty of 51., and all constables are required on the demand of such licensed person, agent, or servant, to expel or assist in expelling every such person from such premises, and only use such force as may be required for that purpose. In case of commitment for non-payment of penalty, the court may order the imprisonment to be with hard labour.
Sections 19 to 22 are repealed by 37 & 38 Vict. c. 49, s. 33, post.
CLOSING LICENSED PREMISES IN CASE OF RIOT.
Section 23.-Any two justices of the peace acting for any county or place where any riot or tumult happens or is expected to happen, may order every licensed person in or near the place where such riot or tumult happens or is expected to happen to close his premises during any time which the justices may order. Penalty for disobedience of order, 501. Justices may order force to be used for the closing of such premises.
Section 24, regarding closing hours, is repealed by 37 & 38 Vict. c. 49, s. 33. See sections 3 to 11 of that Act, post.
Section 25.-Any person found on licensed premises during Persons closing hours shall, unless he satisfies the court that he was an
premises inmate, servant, or a lodger on such premises, or a bona fide during traveller, or that his presence on such premises was not in con- closing travention of this Act, be liable to a penalty of 40s. Any con
hours. stable may demand the name and address of any person found on licensed premises during closing hours, and if he has reasonable ground to suppose that the name or address given is false, may require evidence of the correctness of same, and may, if the person fail to give name or address, or such evidence, apprehend him without warrant. Where the person fails to give his name