ALEHOUSE. I. Alehouses Licensed by the Magistrates. II. Beer Shops, p. 39. III. Canteens, p. 58. I. Alehouses licensed by the Magistrates. 1. The Licence. Annual licensing meeting, p. 17. When and where to be holden, p. 17. Who may be licensed, p. 21. Notice of intention to apply, p. 21. The like for transferring a licence, p. 22. The like, in case of death, change of occupancy, &c. p. 23. Licence, how granted, p. 24. How, where applicant cannot attend, p. 24. Licence, and how long in force, p. 24. Fees, p. 25. No excise licence, until justice's licence first obtained, p. 25. 2. Penalties. Selling without licence, p. 26. Not selling by standard measure, p. 27. Not closing house, in case of riot, &c. p. 27. Conviction, p. 32. Witnesses, how compelled to attend, p. 33. Proceedings for penalties, p. 33. Appeal, p. 34. Witnesses may be bound over, p. 36. Costs, p. 36. Recovery of penalties against justices, p. 37. Actions against justices, &c. p. 37. Rights of the Universities and Vintners' Company, &c. saved, p. 37. Interpretation clause, p. 38. Annual Licensing Meeting.] "In every division of every county and riding, and of every division of the county of Lincoln, and in every hundred of every county, not being within 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 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 excisable liquors by retail, to be drunk or consumed on the premises therein specified." 9 G. 4, c. 51, s. 1. When and where to be holden.] "Such meetings shall 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 twentieth day of August and the fourteenth day 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 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." Id. s. 1. Petty Sessions for appointing it.] "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 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 shall direct such precept to the high constable of the division or place for 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 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 excisable liquors by retail to be drunk or consumed on the premises within their respective districts, a copy of such notice." Id. s. 2. What justices to attend it, or not.] "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 excisable 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 excisable liquor, to whom such justice shall be, either by blood or by marriage, the father, son, or 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 one hundred pounds: 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." Id. s. 6. "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 justice 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." Id. s. 7. But this is not to extend to the corporate or other members or liberties of the cinque ports or two ancient towns; but 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, shall act within and for the same. Id. s. 8. ·Adjournment of Licensing Meeting.] "It shall be lawful for the justices acting at the general annual licensing meeting, and they are hereby required, to continue such meeting by adjournment to such day or days, and to 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.” Id. s. 3. Special sessions for the transfer of licence.] The justices assembled at the general annual licensing meeting, "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 hereinafter directed, to license such per. sons 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 hereinafter enacted, to be licensed to sell exciseable liquors by retail, to be drunk or consumed on the premises." Id. s. 4. The like, in case of death, change of occupancy, &c.] Also, "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 excisable 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 abovementioned 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 bona fide conveyed or otherwise made over his or their interest in the occupation and keeping of such house,-a licence to sell excisable 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 other public purpose, or have become unfit for the reception of travellers or for the other legal purposes of an inn, and who shall open and keep as an inn some other fit and convenient house,-a licence to sell excisable liquors by retail, to be drunk or consumed therein Provided always, that every such licence shall continue in force only from the day on which it shall be granted, until the fifth day of April or the tenth day of October then next ensuing, as the case may be." Id. s. 14. "Whenever the Notice of adjourned or special sessions.] 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." Id. s. 5. Who may be licensed.] The statute directs the licences to be given "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." Id. s. 1, ante, p. 17. |