for, &c. Elsewhere in When to be granted. Form of license. 2. License, &c. don shall be granted under the hands and seals of two or more of the commissioners of excise for the time being, or of such persons as they the said commissioners of excise, or the major part of them for the time being, shall from time to time authorise, employ, or direct for that purpose; and any and every such license which shall be taken out in any part of England, not within the said limits, shall be granted under the respective hands and seals of the several collectors and supervisors of excise within their respective collections and districts; and it shall be lawful for the said commissioners of excise, or any two or more of them respectively, and for the person to be authorised, employed, or directed by the said commissioners or the major part of them, and also for all such collectors and supervisors, and they are hereby respectively authorised and required, within ten days after the application shall have been made for the same, and upon execution by the party and his surety or sureties of the bond hereinafter mentioned (ante, 65), and any time after upon the execution of such bond, to grant such license to the persons who shall apply for the same; the person so applying first paying for such license a duty of £2.2s., to be applied and accounted for as hereafter mentioned." [Which duty is likewise now regulated by the 4 & 5 Will. 4, c. 85, post, 69] "And every such license shall be dated on the day when the same shall be granted, and shall expire at the end of twelve calendar months after the day on which such license shall be dated; and every such license shall be according to the form in the schedule annexed to this act (post), and shall be duly registered in the proper department of the excise; provided always, that no such license shall authorise or entitle the party licensed to receive any license to sell or retail wine or spirits, any thing in any act or acts of parliament to the contrary thereof notwithstanding: [or, by 4 & 5 Will. IV. c. 85, s. 15, sweets or made wines, or Register of license. meed, or metheglin] and a list or register of every license so granted, specifying the name and place of abode of every person licensed and of his sureties respectively, and the name and description of the house mentioned in such license, shall be kept at the excise office with respect to all licenses granted by the commissioners of excise or any person authorised by them, and at the office or dwelling house of every collector and supervisor of excise in their and his respective collections and districts: and such list or register shall at all times be produced to and shall be open to the inspection and perusal of any magistrate of the county or place where such license shall be granted, and where such house shall be situate; and a copy of such list or register shall once in every calendar month be transmitted by every such collector or supervisor to the clerk of the magistrates for the district in which such license shall be granted; and any copy of or extract from such list or register, which shall or may be at any time required by the clerk to the magistrates, shall be given to him by such collector or supervisor whenever thereto required." The schedule to the act gives the form of the license, which see, post, 125. Not to authorise sale of wine, &c. Inspection of license by magis. trate. Not to sell beer license. Sect. 7. "No person shall sell any beer by retail under the provisions of after expiration of this act at any time after the expiration of any license granted under this act, nor in any house or place not specified in such license; provided always, that it shall be lawful for any persons so licensed to take out a fresh retail license for the selling beer by retail before the expiration of any former retail license, and so from year to year." License may be renewed. Partners in one but one license. License not to extend to any other house. Sect. 10. "Persons trading in partnership, and in one house or premises house to take out only, shall not be obliged to take out more than one license in any one year, for selling any beer by retail under the provisions of this act: provided also, that no one license which shall be granted by virtue of this act shall authorise or empower any person or persons to sell any beer, ale or porter, under the provisions of this act, in any house or place other than the house or place mentioned in such license for selling beer, ale, and porter by retail, under the provisions of this act, and in respect whereof such license shall be granted." Subject to the above provisions, the sale of cider and perry is regulated by 11 Geo. IV. & 1 Will. IV. c. 64, s. 30, which, after reciting that "it is expedient that the sale of cider and perry by retail should be licensed in like manregulations as those ner and should be subject to the like regulations as the sale of beer," enacts, Licenses to retail cider and perry may be granted under the same &c. Provisions, &c. of act to apply to sale of cider. "That from and after the tenth day of October, one thousand eight hundred and 2. License, &c. thirty, it shall be lawful for any person desirous of selling cider and perry by for, &c. retail to apply for and to obtain an excise license for that purpose, under the same regulations in all respects (except as hereinbefore is otherwise provided) as are for sale of beer, in this act prescribed and contained with respect to persons desirous of selling beer, ale, and porter by retail, and of being licensed for that purpose; and that all the clauses, regulations and provisions in this act contained relating to the sale of beer by retail, and to the licenses for selling the same, and to the sureties for the parties licensed, and to the conduct of the parties licensed, and to all other matters whatever respecting the selling of beer by retail, and the retailers thereof, and the licenses for the same, and the houses where the same are sold, and the penalties against the parties licensed, shall be taken and deemed to be applicable to the sale of cider and perry by retail, and to licenses for the same, and to the sellers of cider and perry by retail, as if cider and perry, and the retailers thereof, were expressly mentioned and specified in and throughout this act : provided always, that the person receiving a li- Duty, 12. 18. on cense for selling cider or perry by retail shall pay for such license a duty of license for sale of one pound one shilling and no more, instead of the duty of two pounds two shillings herein before mentioned, and which said duty of one pound one shilling shall be applied in like manner as the said duty of two pounds two shillings is herein before directed to be applied; and every such license shall be according to the form in the schedule annexed to this act; provided also, that any person licensed under this act to sell beer by retail may sell also cider and perry by retail without receiving a separate license for that purpose; but that no person licensed to sell cider and perry by retail, and paying for such license, as herein provided, the sum of one pound and one shilling, shall be at liberty to sell beer by retail." cider or perry. Persons licensed to retail beer may but not vice versa. also retail cider; And by the 4 & 5 Will. IV. c. 85, s. 15, it is provided that "in every such Such licenses to license shall be specified whether the same is granted for the sale of cider state particulars. and perry by retail to be drunk or consumed not in or upon the house or premises where sold, or for the retail of cider and perry to be drunk and consumed in or upon the house and premises where sold." By the 3 & 4 Vict. c. 61, s. 9, "Every person whatever licensed to retail Persons licensed beer or cider under the said recited act or this act shall, in manner directed to make entry of premises with the by the 7 & 8 Geo. IV. c. 53, and 4 & 5 Will. IV. c. 51, make entry with the excise. officers of excise of every house, cellar, room, and place for storing, keeping or retailing beer or cider, on pain of forfeiting the penalties imposed by the said Last-mentioned act for making use of any unentered room or place; and all beer and cider found in any such unentered house, cellar, room, or place shall be forfeited." (See" Excise," Vol. II.) (4.) AMOUNT OF DUTY PAID, AND HOW ACCOUNTED FOR. licenses. By the 4 & 5 Will. IV. c. 85, s. 13, it is enacted "That from and after the Duties on beer passing of this act the duties payable on excise licenses for the selling of beer by retail under the provisions of the said recited act shall cease and determine, and that in lieu of such duties there shall be levied, collected, and paid upon the licenses hereby authorised to be granted the duties following: (that is to say.) For and upon every license to be taken out by any person for the selling ment of commis Sect. 14. "The said last-mentioned duties shall be under the management Such duties to be of the commissioners of excise, and shall be raised, levied, collected, and under the managerecovered, and accounted for and paid in the same manner and by the same sioners of excise, means, and under the same regulations and provisions, pains, penalties, and and to be recoforfeitures, as are prescribed in the said recited act with respect to the duties vered and ac counted for under 2. License, &c. for, &c. the provisions of recited act. Duty to be under management of commissioners of excise, and carried to consolidated fund. Duties on cider licenses. On death of licensee, bis exe cutors or widow or child, may be for remainder of term of license. hereby repealed; all of which said regulations and provisions, pains, penalties, and forfeitures, shall apply to the duties hereby imposed, and shall be enforced in respect of the same as fully and effectually as if repeated and re-enacted in this act." And by the 11 Geo. IV. & 1 Will. IV. c. 64, s. 3, "The duty by this act imposed on licenses to sell beer by retail shall be under the management of the commissioners of excise for the time being, and shall and may be respectively raised, levied, collected, answered, paid, and recovered in such and the like manner, and in or by any or either of the general or special means, ways or methods by which any other duties of excise on licenses are or may be raised, levied, collected, answered, paid, or recovered; and all the monies arising by the duties by this act imposed and made payable as aforesaid, the necessary charges of raising and accounting for the same excepted, shall from time to time be paid into the receipt of his Majesty's Exchequer at Westminster, and the said money so paid into the receipt of the exchequer as aforesaid shall be carried to and made part of the consolidated fund of the United Kingdom of Great Britain and Ireland.” As to the duties payable on licenses to sell cider and perry, see ante, 68. (5.) CONTINUATION OF LICENSE ON DEATH OF LICENSEE. By the 3 & 4 Vict. c. 61, s. 8, "Upon the death of any person whatever licensed to retail beer or cider under the said recited acts or this act before the expiration of the license, it shall be lawful for the person authorised to authorised to sell grant licenses to authorise and empower, by endorsement or otherwise, as the commissioners of excise shall direct, the executors or administrators, or the widow or child, of such deceased person, who shall be possessed of and occupy the dwelling-house and premises before used for such purpose, to con tinue to retail beer and cider in the same house and premises during the residue of the term for which such license was originally granted, without taking out any fresh license, or payment of any additional duty thereon; and also at the expiration of such license (in case the residue of the said term shall be less than three calendar months from the death of the person licensed) to grant a new license to such executors, administrators, or widow, on payment of the proper license duty, and entering into the usual bond." Penalty on forging certificates, or using false certificates. Licenses obtained by false certificates to be void, and the persons obtaining them disqualified. Licenses to be of felony or of selling spirits without license. (6.) LICENSE, WHEN IT BECOMES VOID OR FORFEITED. By the 3 & 4 Vict. c. 61, s. 6, "Every person who shall, for the purpose of obtaining for himself or enabling any other person to obtain a license to retail beer or cider, forge or counterfeit any certificate, or shall produce or make use of any certificate, knowing the same to be forged or counterfeit, or the matters certified therein or any of them to be false, shall forfeit fifty pounds; and every license for the retail of beer or cider obtained by any person, on any forged, counterfeit, or false certificate, shall, on the conviction of such person, be void to all intents and purposes, and shall be so adjudged; and every person who shall be convicted of any of the said offences shall be disqualified from obtaining any license under the said recited acts, or this act, to retail beer or cider either to be drunk and consumed on the premises or off the premises." Sect. 7. "That every person who shall hereafter be lawfully convicted of void on conviction felony, or of selling spirits without license, shall for ever thereafter be disqua lified from selling beer and cider by retail, and no license to sell beer and cider by retail under the said recited acts or this act shall be granted to any person who shall be so convicted as aforesaid; and if any such person shall, after having been so convicted as aforesaid, take out or have any license to sell beer or cider by retail under the said recited acts or this act, the same shall be void to all intents and purposes, and every person who shall, after being convicted as aforesaid, sell any beer or cider by retail, in any manner whatsoever, shall incur the penalty for so doing without license, and in all clerk of the peace such cases in the prosecution for the recovery of such penalty a certificate Certificate from from the clerk of the peace, or person acting as such, of any such conviction 2. License, &c. as aforesaid, shall on the trial in such prosecution be legal evidence thereof.” for, &c. Sect. 10 enacts, "That on conviction of any such person licensed to retail be evidence conviction for wine, sweets, &c. to be void. beer or cider in any penalty for having wine or spirits or sweets in his of conviction to possession, or for selling or retailing wine or spirits or sweets, the license of thereof. such person for retailing beer or cider shall become null and void, and shall License in case of be so adjudged. Sect. 17. No person licensed to retail beer or cider under the said selling or having recited acts or this act shall forfeit his license for a first offence against the tenor or conditions of his license, except as herein before provided; and no such person shall be deemed to have forfeited his license, on any conviction by any justices of the peace for any offence, unless such forfeiture shall be adjudged and declared by the justice or justices by whom such person shall be convicted of the offence in respect of which the forfeiture shall be incurred; and when any justices of the peace shall adjudge and declare the license of any person to be forfeited, such justices shall cause notice in writing to be immediately given to the commissioners of excise within the limits of the chief office of excise, or to the collector of excise out of such limits, of such adjudication." No person to for. a first offence; Excise. By the 11 Geo. IV. & 1 Will. IV. c. 64, s. 16, (post, 78), the licenses of Third offence. persons guilty of a third offence against the tenor of their license, may be ad judged forfeited and void. By the 4 & 5 Will. IV. c. 85, s. 8, "Every license for the sale of beer or Using false certicider by retail which shall be granted to any person who shall have made use ficate. of any such certificate as required by that act (ante, 66), in order to obtain the same, such person knowing such certificate to be forged or the matters therein certified to be false, shall be void to all intents and purposes." (7.) MANAGEMENT AND REGULATION OF LICENSED HOUSES. to be put upon house. By 11 Geo. IV. & 1 Will. IV. c. 64, s. 6, "Every person who shall be Descriptive boards licensed to sell beer, ale, and porter by retail, under the provisions of this act, shall cause to be painted, in letters three inches at least in length, in white upon a black ground, or in black upon a white ground, publicly visible and legible, upon a board to be placed over the door of the house or premises in which such person shall be licensed to sell beer by retail, the Christian and surname of the persons mentioned in such license, at full length, together with the words licensed to sell beer by retail;' and every such person shall preserve and keep up such name and words so painted as aforesaid during all the time that such person shall continue so licensed, upon pain that every person in any respect making default herein shall forfeit and pay for every such offence the sum of ten pounds." "not to be drunk on the premises." And by 4 & 5 Will. IV. c. 85, s. 18, "Every person who shall be licensed The board over to sell beer, or cider or perry by retail, under the authority of the said recited the door to state act (1 Will. IV. c. 64), and this act, shall, on the board by the said act required on the premises," to be placed over the door of every person licensed under the same, paint or or, to be drunk cause to be painted and kept thereon, after the words licensed to sell beer or cider by retail,' the additional words 'not to be drunk on the premises,' or 'to be drunk on the premises,' as the case may be, on pain of forfeiting the penalty by the said act imposed for not having such board affixed and continued over the door." (b) Hours for opening and closing Houses. By 11 Geo. IV. & 1 Will. IV. c. 64, s. 11, it shall be lawful for any Honses to be one justice acting for any county or place where any riot or tumult shall closed by order of happen, or for any two or more justices where any riot or tumult may justices in riots, be &c. expected to take place, to order or direct that every person licensed under this act, and keeping any house, situate within their respective jurisdictions, in or near the place where such riot or tumult shall happen or be expected to 2. License, &c. take place, shall close his house at any time which such justice or justices for, &c. shall order or direct; and every such person who shall keep open his house at or after any hour at which such justices shall have so ordered or directed such house to be closed shall be taken and deemed to have not maintained good order and rule therein, and to be guilty of an offence against the tenor of the license granted to such person." Form of conviction for. Hours for opening (See " Parliament," Vol. V.) From the case of Newman v. Hardwicke, 8 Ad. & Ell. 124, it would seem that a conviction under this section should set out the order of the justices, and state the particular time at which the beer-house was kept open. By the 3 & 4 Vict. c. 61, s. 15, “No person licensed to sell beer or cider and closing houses. by retail under the said recited acts (11 Geo. IV. & 1 Will. IV. c. 64, and 4 & 5 Will. IV. c. 85,) or this act, shall have or keep his house open for the sale of beer or cider, nor shall sell or retail beer or cider, nor shall suffer any beer or cider to be drank or consumed in or at such house, at any time before the hour of five of the clock in the morning nor after twelve of the clock at night of any day in the week in the cities of London or Westminster, or within the boundaries of any of the boroughs of Marylebone, Finsbury, the Tower Hamlets, Lambeth, or Southwark, as defined by an act passed in the second and third years of his late Majesty King William the Fourth, intituled 2 & 3 W. 4, c. 64. An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs in England and Wales, in so far as respects the Election of Members to serve in Parliament,' nor after eleven of the clock within any parish or place within the bills of mortality, or within any city, cinque port, town corporate, parish, or place, the population of which, according to the last parliamentary census, shall exceed two thousand five hundred, or within one mile, to be measured as aforesaid, (that is, by the nearest public street or path, sect. 1, ante, 63), from any polling place used at the last election for any town having the like population, and returning a member or members to parliament, nor after ten of the clock in the evening elsewhere, nor at any time before one of the clock in the afternoon, nor at any time during which the houses of licensed victuallers now are or hereafter shall be closed, on any Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving; and if any such person shall keep his house open for selling beer or cider, or shall sell or retail beer or cider, at any time other than as hereinbefore prescribed and directed, such person shall forfeit the sum of forty shillings for every offence, and every separate sale shall be deemed a separate offence." Penalty. Public houses within the metro politan police district not to be opened before one o'clock on Sundays, &c. &c. Form of convic tion for. Penalty for suffering beer to be drunk in the house at prohibited times. By the 2 & 3 Vict. c. 47, no licensed victualler or other person shall open his house within the metropolitan police district, for the sale of wine, spirits, beer, or other fermented or distilled liquors, on Sundays, Christmas Day, and Good Friday, before the hour of one in the afternoon, except refreshment for travellers. The 11 Geo. IV. & 1 Will. IV. c. 64, s. 14, and the 4 & 5 Will. IV. c. 85, s. 6, by which the hours for opening and closing beer-houses were formerly regulated, according to the order of the justices for that purpose, have been repealed by the 3 & 4 Vict. c. 61, s. 14, and these hours are now fixed by sect. 15 above cited. A conviction under 11 Geo. IV. & 1 Will. IV. c. 64, and 4 & 5 Will. IV. c. 85, for keeping a house open for the sale of beer, and selling beer, and suffering it to be drunk on the premises, (which expressions are repeated in the above section of the 3 & 4 Vict. c. 61), at a time of day prohibited by an order of justices, and fining the party charged in a single penalty for "the offence," was held bad, as charging more than one distinct offence. (Newman v. Bendyshe, 10 Ad. & Ell. 11.) The penalty under the above 15th section of 3 & 4 Vict. c. 61, it will be seen, is incurred by keeping the house open for selling, or for selling at any time other than the prescribed hour, and does not extend to suffering beer to be drunk or consumed in the house, but this latter offence would be punishable under sect. 15, post, 77, which imposes a general penalty where the acts give no specific penalty. |