No licence required to build an inn. Temperance hotels need no licence. Still, however, every inn is not necessarily an alehouse, nor every alehouse an inn. An inn cannot use a common selling of ale, without being subject to the duties and control of the excise laws, and becoming thereby more immediately under the cognizance of the justices, and if an alehouse keeper lodges and entertains all travellers indiscriminately for gain, it is also within the common law liability of an inn." (a) There is certainly nothing in the common law to prevent any person from building an inn for the reception of guests. (b) Such a person need not necessarily sell intoxicating liquors. The licence is not required to build, or to open the house, but merely for the sale of intoxicating liquors. If it is required to sell intoxicating liquors, the inn must be built to satisfy the requirements of the Licensing Acts, but not otherwise. There can be little doubt that a person holding out to the public the offer of lodging and refreshment of a certain kind, even though no intoxicating liquor were sold, would be liable at common law as a common innkeeper. It matters not how scanty or poor the entertainment or however small the house, if it be thrown open to all, the proprietor must be bound by his profession. (c) For an innkeeper is only bound to supply his guests with what accommodation he possesses, he may not have stables but he is none the less an innkeeper. (d) If his house is opened solely for the entertainment of "total abstainers," and he does not profess to keep excisable liquors, he is not bound to supply them, but if he wishes to sell excisable liquors, he must obtain a licence; and then he is not only subject to the common law liability, but also to that imposed by the several licensing laws. For an inn under the Licensing Acts shall be deemed "to include all houses in which shall be sold by retail any excisable liquor to be drunk or consumed on the premises where sold. (e) This, therefore, brings us to the consideration of the necessary qualifications, which both the innkeeper and his house must possess, before he can obtain and hold the necessary licence. (a) Jeremy on Bailments, 139-41. (b) Morgan v. Palmer, 2 B. & C. 734; 2 Roll. 84. (c) Six Carpenters Case, 8 Co. 146-Smith L. C. Vol. 1. (e) 9 Geo. 4, c. 61, s. 37. licensed if in Before any premises can be opened for the sale of intoxi- Must be cating liquors, it is necessary to obtain a grant of licence toxicating under the licensing Act of 1828, the Wine and Beerhouse liquors sold. Acts of 1869 and 1870, or the Licensing Acts of 1872 and 1874, (a) which will only be granted to persons and premises properly qualified according to the requirements of those Acts; and any licence attached to premises, or granted to persons, disqualified by such Acts, will be totally void. (b) tions under We shall therefore consider what persons are disqualified for Disqualificaholding a licence for the sale of excisable liquor, and those the Licensing persons to whom any licence has been granted, but who Acts. become themselves partially or wholly disqualified for holding a licence, or become the means of disqualifying their premises, through breaches of the several licensing laws. cers and pro cess servers. Sheriffs officers and all persons executing the legal process Sheriffs offi of any court of justice, are disqualified for receiving or using a licence under the Act of 1828, for the sale of intoxicating liquor to be drunk on the premises. (c) brothel. Any person once convicted of keeping his house as a Keeping brothel, is disqualified for ever for holding any licence for the sale of intoxicating liquors. (d) certificate. Any person knowingly making use of a forged certificate Using forged under the Wine and Beerhouse Acts, is disqualified from holding a licence for the retail sale of beer, cider, or wine, under any of those Acts. (e) Any person convicted after the 14th June, 1860, of felony Felony. or selling spirits without a licence, is disqualified for selling wine by retail. (ƒ) Any person convicted after the 7th August, 1840, of felony or selling spirits without a licence, may not sell beer and cider by retail. (g) Any person convicted of felony, whether before or after the Act of 1870, (h) may not sell spirits by retail. (¿) (a) The ordinary victualler's licence is granted under the Act of 1828 (9 Geo. 4, c. 61); special licences for wine, beer, and cider, under the Acts of 1869 and 1870 (32 & 33 Vict. c. 27, 33 & 34 Vict. c. 29); and licences for spirits, liqueurs, and sweets (British Wines) under the Acts of 1872 & 1874 (35 & 36 Vict. c. 94, and 37 & 38 Vict. c. 49). (b) 35 & 36 Vict. c. 94, s. 44. (c) 9 Geo. 4, c. 61, s. 16, and see 1 Will. 4, c. 64, s. 2. (d) 35 & 36 Vict. c. 94, s. 15. (e) 32 & 33 Vict. c. 27, s. 11. (f) 23 Vict. c. 27, s. 22. (h) R. v. Vine, L. Rep. 10 Q. B. 195. (g) 3 & 4 Vict. c. 61, s. 7. Selling without licence, second conviction. Harbouring thieves, second conviction. Disqualifica Any person selling without a licence, or at a place other than the one for which his licence was granted, may, in the discretion of the justices, on a second conviction, be disqualified for any term not exceeding five years, and on a third conviction, may, in the discretion of the justices, be disqualified for any term of years, or for ever, from holding any licence for the sale of intoxicating liquor. (a) Any person convicted a second time for harbouring thieves is himself disqualified for two years, and where two convictions have taken place within three years in respect of the same premises, whether the persons convicted were the same or not, the premises shall be disqualified for a year from the date of the last conviction.(b) Any person convicted of any offence against the Act of cations of per- 1872, which may be directed by the justices to be recorded on sons and premises in re- the licence, (c) and upon whose licence two previous conspect of convictions. victions within the last five years (d) have been recorded; shall forfeit his licence, be disqualified for five years from the date of such third conviction from holding any licence, (e) and the premises in respect of which his licence was granted, shall also be disqualified for receiving any licence, for two years from the date of such third conviction, unless the justices shall otherwise order. There are also two other disqualifications of the premises in respect of convictions, which do not apply to convictions of any persons licensed before the 10th August, 1872, provided they are licensed in respect of the same premises. In the case of persons licensed after the passing of the Act of 1872, all convictions after the first are recorded in the register, against the premises as well as against the person, and when four convictions, whether of the same or different licensed persons, have been so recorded against the premises within five years; such premises will, for the purposes of the Act of 1872, be disqualified for one year; and when the licences of two such persons, licensed in respect of the same premises, are forfeited within two years, the premises will be disqualified for one year from the date of the last forfeiture (ƒ), (a) 35 & 36 Vict. c. 94, s. 3. (b) 34 & 35 Vict. c. 112, s. 10. (c) For list of recordable offences see chap. xii. (d) 35 & 36 Vict. c. 94, s. 32. (e) 35 & 36 Vict. c. 94, s. 30; 37 & 38 Vict. c. 49, s. 13. but no conviction under the Act of 1872 shall be received in evidence against any person after five years from the date of such conviction.(a) "householder" and "real re Any person not disqualified as above, and who is a house- Must be holder, assessed to the poor rates in the parish or place in assessed to which he shall be licensed to sell beer by retail (b), may hold the poor rates a licence in respect of premises which are also properly sident occuqualified, provided he is the "real resident occupier" "of such pier." premises. (c) The premises intended to be licensed must possess certain qualifications, and must now be of a certain "annual value”(d), according to the nature of the licence required. Before the passing of the Licensing Act of 1872 (e), no value qualification was necessary for premises in respect of which a victualler's licence was required, nor is it now necessary on renewal (f), but any premises licensed since that Act as an inn or victualling house, which includes a licence for the sale of spirits, must be of the following "annual values," according to the situation :-(g) If within the city of London, or the liberties thereof, or any parish or place subject to the jurisdiction of the Metropolitan Board of Works, or within the four mile radius from Charing Cross, or within the limits of a town containing a population of not less than 100,000 inhabitants... If situated elsewhere, and within the limits of a town containing a population of not less than 10,000 inhabitants ...... £50 £30 £15 Annual value" qualification. If situated elsewhere, and not within any such town as above mentioned This "annual value" is to be ascertained by the justices, How ascerwho may, if they think fit, order a valuation to be made tained. by a competent person (h) to be appointed by them for that purpose, at the expense of the applicant for the licence. "Annual value" is defined by the Act to be the annual (a) 35 & 36 Vict. c. 94, s. 32. (b) 1 Will. 4, c. 64, s. 2. 66 (c) 3 & 4 Vict. c. 61, s. 1; and see the case of Ritchie v. Smith, 6 C. B. 462; 18 L. J. C. P. 9. (d) 35 & 36 Vict. c. 94, s. 46. (f) R. v. Exeter, JJ., 42 L. J. M. C. 35. (e) Aug. 10. (g) For value qualification of other licensed premises see table at the end of this chapter. (h) Form I. Whole of premises included in valuation though part 'not used for rent which a tenant might be reasonably expected, taking one year with another, to pay for the same, if he undertook to pay all tenants' rates and taxes, and tithe commutation rent charge (if any), and if the landlord undertook to bear the cost of the repairs, and insurance and other expenses (if any), necessary to maintain the premises in a state to command the said rent, and if no licence were granted in respect thereof; but no land shall be included in such premises other than any pleasure grounds, or flower or kitchen garden, yard, or curtilage, usually held and occupied and used by the persons residing in and frequenting the house. (a) The whole of the premises will be included in the valuation, even though part may be used for other purposes than the sale of intoxicating liquor. In the case of Garretty sale of liquor. V. Potts, (b) a shop attached to the licensed premises, and used for the sale of groceries, was held to be part of the premises, and included in the valuation. Alteration of licensed houses. Notice of con viction to be served on owner. Grounds on which owner may appeal. 66 In case any alteration be made in premises to which a licence is already attached, it will be for the justices to say, whether it is such an alteration as to make the premises new premises." The question will be one of extent, and the mere fact that some alteration has been made will not necessitate the repetition of the notices required in an application for a new licence. (c) Whenever the tenant of licensed premises is convicted of an offence, the repetition of which may render the premises liable to be disqualified, a notice (d) of every such conviction will be served, by the clerk to the licensing justices, upon the owner of the premises; and wherever an order of disqualification (e) of the premises has been made, the owner (if he is not also the occupier) shall be served with such order of disqualification, together with a notice (ƒ) that he may appeal at a special court (to be held at a time stated in the notice), at which court such owner may appeal against the disqualification of the premises upon some or one of the following grounds only : (a) That he has not received due notice of the prior offence. (a) 35 & 36 Vict. c. 94, s. 47. (b) L. Rep. 6 Q. B. 86. (c) R. v. Albert Smith, 15 L. T. Rep. N. S. 179. (d) Form II. (e) Form III. (f) Form IV. |