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prohibited who shall during those hours on Sandays, Good Friday, and to be sold in Christmas Day, in which the houses of licensed victuallers shall houses. be closed, sell any wines, spirits, or other exciseable liquors, in
and on board such boat, steamboat, or other vessel, within the said district, shall be liable to a penalty not exceeding 5l., which may be recovered before any magistrate of the metropolitan police courts, or if the offence shall be committed beyond the limits of any metropolitan police court established or to be established, before any two justices of the peace having jurisdiction therein, or shall, in the discretion of the magistrate or justices of the peace before whom the conviction shall take place, be imprisoned for any time not longer than one calendar month in any gaol or house of correction within his jurisdiction ; and in every case of the adjudication of such pecuniary penalty and non-payment thereof, it shall be lawful for such magistrate or justices of the peace to commit the offender to such gaol or house of correction for a term not exceeding one calendar month, the imprisonment to cease on payment of the sum due; and such penalty shall be paid to the receiver of the metropolitan police, and be applied by him towards the expenses of the police courts established within the said district.
Section 6.—The Act is not to extend to the Universities of Oxford and Cambridge.
REFRESHMENT HOUSES AND WINE LICENCES, 1860(a).
(23 VICT. C. 27.)
Licences and Refreshment Houses, and for regulating the
(1.) To keep refreshment houses.
by retail in any shop of foreign and British wine, not to be consumed in the house or shop or on the premises
where sold, The charge for licences varies according to the value of
the premises. Duties to be Section 2.—The duties by this Act granted shall be deemed Excise duties. to be excise duties, and shall be under the care and management
(a) See page 230, ante.
of the Commissioners of Inland Revenue for the time being, and the powers and provisions of the Excise Acts are to apply to the duties granted under this Act.
Section 3.-Every person who shall keep a shop for the sale Every perof any goods or commodities other than foreign wine, or who son keeping shall have taken out a licence as a dealer in wine (except persons entitled to expressly disqualified by this Act), shall, without producing or take out a
licence to having any other licence or authority, be entitled to take out a
retail wine licence under this Act to sell by retail, and in reputed quart or not to be pint bottles only, in such shop, foreign wine not to be consumed consumed on the premises where sold, anything in any former Act to the on the
premises. contrary notwithstanding. Section 4.—Every sale of foreign wine in any less quantity than what shall
be deemed two gallons, or in less than one dozen reputed quart bottles, at
selling by one time, shall be deemed to be a selling by retail.
retail. Section 6.-All houses, rooms, shops, or buildings kept open
Persons for public refreshment (a), resort, and entertainment at
keeping any time
houses, &C, between the hours of nine of the clock at night and five of the herein clock of the following morning, not being licensed for the sale named reof beer, cider, wine, or spirits respectively, shall be deemed take out refreshment houses within this Act, and the resident, owner, licences. tenant, or occupier thereof shall be required to take out a licence under this Act to keep a refreshment house; and every person who shall keep any house, room, shop, or building for the purpose of selling therein any victual or refresbment to be consumed on the premises where the same shall be sold (except beer, cider, wipe, and spirits sold respectively under a proper licence in that behalf), and every person who shall keep any house, room, shop, or building for the consumption therein by the public of any refreshment (except as aforesaid), although the same shall not be sold therein, may, if he shall think fit, take out a licence under this Act to keep a refreshment house ; and in all proceedings and upon all occasions whatever, it shall be sufficient to describe by the term refreshment house any house, room, shop, or building in which any such article as aforesaid (except as aforesaid) is sold to be consumed, or is consumed as aforesaid, without further or otherwise designating or describing the same.
Under section 7 confectioners and eating house keepers are entitled to take out licences to sell wine to be drunk on the premises.
No sheriff's officer can hold a licence.
By section 8 wine licences are not to be granted for refresh. ment houses under a certain rent or annual value.
(a) For definition of “Refreshment House,” see 39 J. P. 418.
Section 9. - Penalty for keeping a refreshment house without licences under Act
a licence 201. shall be granted.
Section 10.-All licences authorized to be granted under this Act shall be granted by and under the hands of the collector or other person having charge of the excise collection, and the supervisor of excise of the district within which respectively the refreshment house or other house or shop for or relating to which any such licence shall be required, or by such other person or persons as the Commissioners of Inland Revenue shall appoint
or authorize in that behalf. Licences : Section 11.-All licences which shall be granted under the date, expia authority of this Act between the thirty-first day of March and renewal the first day of May in any year shall be dated on the first day thereof. of April, and all licences which shall be granted at any other
time shall be dated on the day on which the same shall be granted; and all such licences, whensoever granted, shall have effect on and after the day of the date thereof until the first day of April then next following, and shall be renewed annually on
payment of the duty by this Act charged thereon respectively. Death of
By section 12, on death of a licensed person, his representative, licensed
or widow, or child may be authorized to conduct the business for person.
which the licence was granted for the remainder of the term thereof.
Sections 13, 14, 15, are repealed by 32 & 33 Vict. c. 27. (See schedule 2.)
Section 16.—A list of licences is to be kept by collectors and supervisors of excise for inspection of the justices, and copies of the list are to be transmitted to the justices' clerk.
Section 17 is repealed by the Licensing Act, 1872 (35 & 36 Vict. c. 94, second schedule), so far as relates to sale of intoxicating liquors and offences connected therewith.
Section 18 is likewise repealed.
201. What shall Section 21.-All liquor which shall be sold or offered for sale be deemed foreign
by any person, whether licensed under this Act or not, as being wine, and foreign wine, or under the name by which any foreign wine is what shall usually designated or known, shall, as against the person who be deemed spirits.
shall so sell or offer the same for sale, be deemed and taken to be foreign wine; and any fermented liquor containing a greater proportion than forty per centum of proof spirit shall be deemed and taken to be spirits.
Under section 23 licensed retailers of wine are required to make entry of houses, &c., with the excise.
Under section 24 excise officers are empowered to enter the premises of licensed retailers of wine.
Section 25.-Penalty on person licensed to retail wine having spirits on their premises—forfeiture of spirits found and of licence.
By section 45 the provisions of the Act are not to affect the two universities or the Vintners' Company, London, or the borough of St. Albans, in the county of Hertford.
WINE AND BEERHOUSE ACT, 1869 (a).
(32 & 33 VICT. O. 27.)
An Act to amend the law for Licensing Beerhouses, and to
make certain alterations with respect to the Sale by Retail of Beer, Cider, and Wine.
Whereas, by Acts relating to the general sale of beer and cider by retail in England, viz. :
11 Geo. 4 & 1 Will. 4, c. 64 ; 4 & 5 Will. 4, c. 85;
3 & 4 Vict. c. 61; 24 & 25 Vict. c. 21, provision is made for the grant of licences by the excise for the sale by retail of beer and cider npon the terms and conditions therein specified.
And whereas by 26 & 27 Vict. c. 33, an Act intituled “An Act for granting to Her Majesty certain duties of inland revenue, it is enacted, that any person who after the passing of that Act has taken out an excise licence to sell strong beer in casks containing not less than four and a half gallons, or in not less than two dozen reputed quart bottles, at one time, to be drunk or consumed elsewhere than on his premises, may take out an additional licence on payment of the excise duties therein mentioned, and that the same shall authorize such person to sell beer in any less quantity and in any other manner than as aforesaid, but not to be drunk or consumed on the premises where sold, and that such additional licence shall be granted without the production of any certificate, or the possession of any other qualification than the licence therein first mentioned :
And whereas provision is made for the granting of licences by the excise for refreshment houses and for the sale of wine by retail, and for other purposes, by 23 & 24 Vict. c. 27 :
And whereas it is expedient to make better provision with regard to the granting of the licences hereinbefore mentioned
(a) See pages 230 and 231, ante.
and for regulating the houses and shops in which beer, cider, and
wine are sold by retail : Retail Be it enacted that (section 4) from and after the fifteenth of licences not July, one thousand eight hundred and sixty-nine, no licence or to be granted renewal of a licence for the sale by retail of beer, cider (a), or without wine, or any of such articles, under the provisions of any of the certificate granted
said recited Acts shall (save as in this Act otherwise provided) be under this granted except upon the production and in pursuance of the Act.
authority of a certificate granted under this Act.
Any licence granted or renewed in contravention of this enactment shall be void.
Certificates Section 5.—Certificates under this Act shall be granted by the by whom to justices assembled at the general annual licensing meeting held be granted. in pursuance of 9 Geo. 4, c. 61, or at some adjournment of such
meeting, held in pursuance of the said Act. Notice of
Section 7.—Every person intending to apply to the justices application.
for a certificate under this Act shall, twenty-one days at least before he applies, give notice in writing of his intention to one of the overseers of the parish, township, or place in which the house or shop in respect of which his application is to be made is situate, and to some constable or peace officer acting within such parish, township, or place, and shall in such notice set forth his name and address, and a description of the licence or licences for which he intends to apply, and of the situation of the house or shop in respect of which the application is to be made; and in the case of a house or shop not theretofore licensed for the sale by retail of beer, cider, or wine, such person shall also within the space of twenty-eight days before such application is made cause a like notice to be affixed and maintained between the hours of ten in the morning and five in the afternoon of two consecutive Sundays on the door of such house or shop, and on the principal door or on one of the doors of the church or chapel of the parish or place in which such house or shop is situate, or if there be no such church or chapel, on some other public and conspicuous place within such parish or place.
Where application is made to the justices for the grant of a certificate under this Act by way of renewal only, notice in pursuance of this section shall not be requisite.
Section 8. --The provisions of 9 Geo. 4, c. 61, are to apply to grants of certificates under this Act.
Under section 8 justices could only refuse to grant certificates on certain grounds; but 45 & 46 Vict. c. 34, following 43 Vict.
(a) The term “ beer” shall include ale and porter, and the term “ cider” shall include perry (section 2 of Act).