CHAPTER XII. Legal Proceedings under the Licensing Acts. LICENSING OFFENCES DEALT WITH UNDER JERVIS'S ACT (11 & 12 VICT. c. 43). JURISDICTION OF LICENSING JUSTICES DISQUALIFICATION OF JUSTICES ON THE GROUND OF INTEREST, AND ITS EFFECTS page 155 156 156 RECOVERY AND APPLICATION OF PENALTIES AND FORFEITURES 168 169 SERVICE OF NOTICES, &c. 169 POWER TO STATE CASE AND APPEAL AGAINST SUMMARY CON- 169 JUSTICES MUST STATE REASONS FOR REFUSING TO GRANT 170 APPEAL AGAINST REFUSAL TO RENEW OR TRANSFER, BUT NO 172 COSTS ON APPEALS 174 EXCEPT where otherwise expressly provided, offences under Licensing the Licensing Act of 1872 may be prosecuted, and penalties offences. Jurisdiction of licensing justices. Disqualifica tion of justices on ground of interest. Act not in valid by and forfeitures recovered and enforced, in the same manner as is provided by the Summary Jurisdiction Act of 1848. (a) The jurisdiction of the justices in matters within the Licensing Acts, extends to any pier, quay, jetty, mole, or working, extending from any place within their jurisdiction, into the sea, or into any part of a river within the ebb and flow of the tide; and in the case of a river running between two licensing districts, such river shall be deemed to be wholly in the jurisdiction of each licensing district. (b) No justice having any beneficial (c) interest in any premises, or being whole or part owner, lessee, or occupier, or being manager or agent for such owner, lessee, or occupier, shall be competent to act in any licensing matter respecting such premises; and no justice who is, or is connected with, a brewer, distiller, maker of malt for sale, or retailer of malt, or of any intoxicating liquor, in the licensing district or district adjoining to that in which such justice usually acts, may act in any case under the licensing Acts; except where the offence charged is that of being found drunk in any highway or public place, or on any licensed premises, or of being riotous and disorderly while drunk, or being drunk whilst in charge of a carriage, horse, cattle, or steam engine, or being drunk whilst in possession of firearms, under a penalty of 1007.; to be recovered by action in one of Her Majesty's Superior Courts at Westminster. (d) No justice shall be liable for more than one offence comreason of the mitted before the institution of any proceedings for the recovery of such penalty, and no act done by any justice thus disqualified shall be invalid merely by reason of such disqualification. (e) justice's disqualification. Actions against justices. All actions against justices, constables, or other persons, for anything done in execution of any duty imposed by the Licensing Act of 1828, shall be commenced within three months after the cause of complaint has arisen, and not afterwards; and any persons so sued may give in evidence special matter under the plea of the general issue. (ƒ) (a) [Jervis's Act, 11 & 12 Vict. c. 43]; 35 & 36 Vict. c. 94, s. 51. For definition of Court of S. J. see Ibid. s. 74. (b) 35 & 36 Vict. c. 94, s. 61. (c) Ibid., s. 60, prov. 1. (d) Ibid., and see R. v. Petitmangin, 9 L. T. Rep. 683. (e) 35 & 36 Vict. c. 94, s. 60, provs. 2 & 3. (f) 9 Geo. 4, c. 61, s. 30, and see [11 & 12 Vict. c. 44]; and rules of Court under the Judicature Act, 1875, Order XVIII., r. 13. Summary The court of summary jurisdiction shall consist of either Court of two or more justices of the peace in petty sessions, and Jurisdiction. one stipendiary or police magistrate (a) or other officer empowered to do alone any act authorised to be done by more than one justice of the peace. The Lord Mayor and any alderman of the City of London, sitting at the Mansion House or Guildhall, can act alone, where two justices would otherwise be required. (b) But one justice alone may convict of the offence of drunkenness on highway, or licensed premises; (c) but it would appear that drunkenness while driving and being drunk and disorderly will now require two justices for a conviction. (d) to be laid The time within which an information (e) for either police Information or excise offences must be laid, if at all, is restricted to six within six calendar months from the time of the forfeiture, or of the months. committal of the offence; (f) but in the case of excise penalties, notice of such intention must be given within a week. (g) For a police offence, information may be laid before a single justice (h) by any person who chooses to lay such information, either personally or by any other person acting on his behalf. (i) In the case of excise penalties, if the offence occurred within the limits of the "chief office," (j) information may be laid before a metropolitan police magistrate or three excise commissioners, and if elsewhere, it may be laid before a single justice, (k) and can only be laid by an officer appointed by the Commissioners of Inland Revenue. (7) Whenever a warrant (m) is required, on the laying of Warrants. the information, as in the case of a search for illicit stores, the information (n) must be upon oath and in writing, but (a) 35 & 36 Vict. c. 94, s. 51; [2 & 3 Vict. c. 71, ss. 13, 14; 21 & 22 Vict. c. 73, ss. 1, 2]. (b) [11 & 12 Vict. c. 43, s. 34.] (c) Ibid., s. 12; and see 35 & 36 Vict. c. 94, s. 51. (d) See 10 & 11 Vict. c. 89, ss. 29 and 61. (e) Form XXXVIII., and see Ralph v. Hurrell, 32 L. T. Rep. 816. (ƒ) [11 & 12 Vict. c. 118, s. 3; and Jervis's Act, s. 11.] (g) [4 & 5 Will. 4, c. 51, s. 19.] (h) [Jervis's Act, s. 29.] (j) For def. see [7 & 8 Geo. 4, c. 53, s. 14]. (i) [Tb. s. 10.] (k) [7 & 8 Geo. 4, c. 53, s. 65; 15 & 16 Vict. c. 61, ss. 1 and 2.] () [7 & 8 Geo. 4, c. 53, ss. 17, 61; and see 26 Geo. 3, c. 77, s. 13; 46 Geo. 3, c. 112, s. 1; 56 Geo. 3, c. 104, s. 15; 5 Geo. 4, c. 94; and 4 & 5 Will. 4, c. 51, s. 28.] (m) Form XL. (n) Form XXXIX. Apprehension without warrant. The form of the summons; not otherwise; (a) but if the informant desires to proceed by summons merely, the information need not be upon oath or in writing, and in no case will a summons or warrant be issued in respect of more than one offence (b) In certain cases, persons may be apprehended and brought before justices without warrant. This is the case where any person is found on premises during closing hours, or on any premises where liquor is illegally sold, and refuses to give or gives a false address; (c) where he may be apprehended by a constable, and in the case of the excise penalty for the sale of spirits without a licence, (d) when he may be apprehended by any person whatsoever. The summons may be delivered, (e) either personally or at how and where the last known place of abode of the defendant; (f) and if such summons be disobeyed, a warrant will be granted. (g) served. The summons should name a day and time, and should be served within a reasonable time before the hearing; (h) but in the case of excise penalties, ten days before the hearing, except in the case of a summons for double duty on non-payment of a penalty previously imposed, when twelve hours' notice only need be given. (i) It should also name the place of hearing, (j) and should not be dated earlier than the date of the information. (k) It should state the nature of the offence, and be signed by the justice. The description of any offence, as given in the Act of 1872, is a sufficient description for all legal purposes. (1) When the information is in writing, it should be read over to the informer, in the presence of the justices before he is sworn. (m) (a) [Jervis's Act, ss. 2, 10.] (b) [Ib., s. 10.] (c) 35 & 36 Vict. c. 94, s. 25; 37 & 38 Vict. c. 49, s. 17. (d) Excise Act, 23 & 24 Vict. c. 114, ss. 195-197. (e) 4 Vict. c. 20, s. 31. (f) [Jervis's Act, s. 1; 4 & 5 Will. 4, c. 51, s. 19.] (g) [Jervis's Act, s. 2.] (h) R. v. Mallinson, 2 Burr. 679; 1 Str. 261. (i) 4 & 5 Will. 4, c. 51, s. 19. (j) R. v. Simpson, 1 Stra, 46. (k) R. v. Kent, 2 Ld. Raymd. 1546. (1) 35 & 36 Vict. c. 94, s. 51, sub-s. 2; and see Ex parte Perham, 1 L. T. Rep. N. S. 91; 29 L. J., M. C. 33; R. v. Pearham, 1 L. T. Rep. N. S. 106; R. v. Hague, 33 L. J., M. C. 86; 9 L. T. Rep. N. S. 648. (m) Caudle v. Seymour, 1 Q. B. 889; Stevens v. Clark, Car. & Mar. A justice of the peace may, upon hearing the applicant on Witness oath, as to the necessity, issue his summons under hand and sum nonses. seal to compel the appearance of any witness at the hearing; (a) and if shown to be necessary for ensuring attendance, may issue a warrant. (b) Disobedience to a summons renders the defaulter liable to a penalty of 501. In the case of a summons it must be shown that the witness is within the jurisdiction, is a material witness, and will not voluntarily appear; and in the case of a warrant, it must be shown that it is probable such witness would not appear unless compelled to do so. In case it is required to execute a warrant out of the jurisdiction of the justice who first issues it, provision is made for backing by 11 & 12 Vict. c. 43, and s. 92 of 7 & 8 Geo. 4, c. 53. his wife com The defendant and his wife, being made competent Defendant and witnesses, (c) may be summoned by the informer to give petent witevidence on his behalf, and the complainant himself is also nesses. a competent witness. (d) on the hear On receiving the summons, defendant may apply to the Proceedings justices' clerk for a copy of the information, if it has been ing. taken in writing, for which a fee will have to be paid. The hearing will be quite public, and if neither party appears, the case will be dismissed. If only the defendant appears, if the complainant does not answer when called upon, the case will be dismissed, unless the justices think proper to adjourn it; (e) but if the complainant alone appears, and not the defendant, the justices may either compel the defendant's attendance by issuing a warrant (f) against him, or may proceed to hear the case ex parte; (g) but the defendant will probably send an excuse for his non-attendance, when the justices, if such excuse be satisfactory, may adjourn the case. Before the justices issue a warrant, which must be executed by a peace officer, (h) they must be satisfied that the summons has been duly served (i) a reasonable time before the hear (a) [Jervis's Act, s. 7.] (b) 7 & 8 Geo. 4, c. 53, s. 74; and see 23 & 24 Vict. c. 114, s. 198. (c) 35 & 36 Vict. c. 94, s. 51, sect. 4. (d) [Jervis's Act, s. 15.] (e) [Ib., s. 13.] (f) [7 & 8 Geo. 4, c. 53, s. 33]; and see Evans v. McLoughland, 25 J. P. 211; [Jervis's Act, s. 2.] (g) [7 & 8 Geo. 4, c. 53, ss. 65 and 73.] (h) [Jervis's Act, s. 3.] (i) [Ib., s. 2.] |