Disqualification of justices of interest. c. 75, s. 4), though it may not have any separate quarter sessions (a) at which, or at any adjournment of which,(b) such justices shall grant licences to such persons as they shall in their discretion deem fit and proper. (c) Of this meeting, and the time and place thereof, which is previously fixed by the justices in petty sessions, public notice (d) is given and notice is sent to every publican, and every person who has given notice of his intention to keep an inn. (e) This meeting must be held in Middlesex and Surrey, within the first ten days of the month of March, and in every other county on some day between the 20th day of August and the 14th day of September inclusive. (f) No brewer, distiller, or maker or retailer of malt, and no on the ground person having any interest in the property the subject of any application for a licence, shall be competent to sit as a justice at any session for the purpose of granting such licence, under a penalty of 1007. (g) Stipendiary magistrates. Constitution of the licensing body. In counties. County con Stipendiary magistrates may not grant licences in the metropolitan districts, but they may elsewhere, (h) and even in the metropolis, Southwark excepted (i) they may grant transfers of licences, provided such transfers are only temporary. The constitution of the licensing body differs according to the nature of the licence with which it has to deal. With respect to the granting of new licences, the licensing authority is differently constituted for counties and boroughs; and again, there is a difference between boroughs where there are ten acting justices, and in boroughs where there are not so many. In counties, two or more qualified justices may grant new licences, which, if for consumption on the premises, when granted by them will require confirmation by a standing committee, called the County Licensing Committee. The justices in quarter sessions assembled for every county, firming com- shall annually appoint from among themselves, a standing committee; or they may appoint more than one committee, mittee. (a) See Candlish v. Simpson, 30 L. J., M. C. 178, as to the old law. (b) 9 Geo. 4, c. 61, s. 1; 32 & 33 Vict. c. 27, s. 5. (c) Ib. (d) Form VII. (f) Ib. assigning a certain area of jurisdiction to each. This committee shall consist of not less than three, and not more than twelve members, three members constituting a quorum; and if any vacancy should occur by death or otherwise, it may be filled up by the justices by whom the committee was formed. The members of this committee only hold office for one year, but at the end of that time are eligible for reappointment; and where new members have not been appointed to replace retiring members, such retiring members may act until their successors are appointed. The committee may make its own regulations as to the times of meeting and otherwise, and the clerk of the peace for the county shall, either by himself or his deputy, act as the clerk to this confirming committee. (a). Licences for consumption "off" the premises only do not require confirmation. (b) with ten or In boroughs, where there are ten or more acting justices, In boroughs new licences are granted by a committee appointed annually more acting in every such borough, and called the Borough Licensing justices. Committee. This committee is appointed a fortnight before the time appointed for the general annual meeting for such borough; and consists of not less than three, nor more than seven members, being justices who are qualified to act in licensing matters, and of whom three shall form a quorum. Vacancies may be filled up, when necessary, by the justices who appoint the committee. Retiring members are eligible for reappointment, and where new members have not been appointed to succeed the retiring members, such retiring members may act until their successors are appointed. Licences for consumption on the premises granted by the borough licensing committee are not valid unless confirmed by a majority of the whole body of borough justices, assembled for the purpose of such confirmation; there being no specially appointed confirming committee, as is the case with county confirmations. (c) with less than In boroughs where there are not ten acting justices, new In boroughs licences are granted by the qualified borough justices without ten acting the appointment of any special committee, but if for con- justices. sumption on the premises, they must be confirmed by a joint committee specially appointed. This joint committee shall consist of three justices of the county in which such borough (a) 35 & 36 Vict. c. 94, s. 37. (b) 37 & 38 Vict. c. 49, s. 24. (c) 35 & 36 Vict. c. 94, s. 38, and 37 & 38 Vict. c. 49, s. 21. Jurisdiction of licensing justices. is situate, and three justices of such borough, all of whom must be qualified to act in licensing matters. The three county justices are appointed by the "County Licensing Committee," and the three borough justices by the justices of the borough for which they act, or by a majority of such justices assembled at a meeting for that purpose; and where there are not three borough justices, their places may be supplied from the county, by the County Licensing Committee. Vacancies may be filled up, when necessary, by the justices by whom the person creating such vacancy was appointed. Five members shall form a quorum, and the senior magistrate present at any meeting shall be its chairman and shall have a casting vote. The same county justices may be appointed on more than one "joint committee.". No objection can be made to any licence granted or confirmed in any borough, whether containing ten or more justices or less than that number, by such justices or committee of justices, on the ground than they were not properly qualified. (a) With the exception of the power given to county justices to appoint members of a "joint committee," they have no jurisdiction in boroughs (in licensing matters) where the borough justices have for such purposes concurrent jurisdiction. (b) Metropolitan police, or stipendiary magistrates, may act in confirmations, beyond the limits of the jurisdiction of the Metropolitan Police Courts, so far as regards any licensing district wholly or partly within his jurisdiction. (c) In both counties and boroughs, renewals are granted by two or more justices at the annual general meeting. For all the purposes of the Act of 1872, any pier, quay, jetty, mole, or work, extending from any place within the jurisdiction of the licensing justices or Court of Summary Jurisdiction, into or over any part of the sea or any part of a river within the ebb and flow of the tide, shall be deemed to be within the jurisdiction of such justices and court. Water bounded by two licensing district shall be deemed to be within the jurisdiction of each. (d) (a) 35 & 36 Vict. c. 94, s. 38, and 37 & 38 Vict. c. 49, s. 21. 35 & 36 Vict. c. 94, s. 74. (c) 35 & 36 Vict. c. 94, s. 39. (d) 35 & 36 Vict. c. 94, s. 61. sities, London The privileges heretofore enjoyed by the Cinque Ports (a), The Univer and by the Universities, the free vintners of the City of Free Vinters London, and the mayor, aldermen, and burgesses of the and St. borough of St. Albans, are retained by the Licensing Acts. (b) The Chancellor or Vice-Chancellor of the University of Oxford, and the Chancellor, Masters, and Scholars of the University of Cambridge, have the exclusive privilege of granting wine licences within their respective Universities and the precincts thereof. (c) The free vintners of the City of London, with the exception of those "who have obtained their freedom by redemption only," (d) possess the privilege of dealing in wine without the usual licence, but free vintners who desire to sell wine in more than one separate and distinct house or premises at the same time, must take out an excise licence; (e) though it would seem that even in this case they would not require a magistrates' licence. (f) They cannot exercise their privilege without first making an entry of the house or premises, with the proper officer of excise, (g) and they are subject to all the provisions made for the regulation of persons so licensed, except those provisions which require or refer to the taking out of a licence, either from any justice of the peace, or from the commissioners of excise. (h) The mayor, aldermen, and burgesses of the borough of St. Albans, have the exclusive right to grant wine licences in the borough, and within two miles thereof. Albans. With respect to the time for the annual general meeting, Time for holda difference is made between Middlesex and Surrey and the annual licensing general other counties in England; the time fixed for the sittings ing meeting. in the former counties, to be within the first ten days of the month of March, (2) and in the latter on some day between the 20th day of August and the 14th day of Sep (a) 9 Geo. 4, c. 61, s. 8; and see [51 Geo. 3, c. 36]. (b) 9 Geo. 4, c. 61, s. 36; 32 & 33 Vict. c. 27, s. 20; 35 & 36 Vict. c. 94, s. 72, but see Law Times, Vol. LIX., 385. (c) [17 Geo. 2, c. 40], and as to Cambridge see [19 Vict. c. 17], and R. v. Archdall, 8 A. & E. 281. (d) [30 Geo. 2, c. 19]; 32 & 33 Vict. c. 27, s. 20. (e) 25 Vict. c. 22, s. 16. (f) 2 & 3 Vict. c. 47, s. 41. (g) See Ibid, and [4 & 5 Will. 4, c. 41, s. 5]. (h) 2 & 3 Vict. c. 47, s. 41. (i) In London it is held by custom on the second Monday in March; see 9 Geo. 4, c. 61, s. 36. Discretion of justices. tember inclusive. (a) The day, hour, and place, of this meeting must be fixed at a petty session of justices held twenty-one days at least before such general annual meeting, and the justices may direct their precept (b), fixing such time to the clerk to the justices, requiring him within five days to cause proper notices of such time to be published. (c) The discretion allowed to justices refers to the power of granting only, and they have no power, whilst sitting for that purpose, to refuse to hear applications, (d) unless made by the same person at an adjourned meeting after having been refused at the general licensing meeting; (e) but with respect to the granting of licences they have absolute authority, and their decisions will only become subjects of appeal or criminal information, if they have acted from corrupt motives, (f) or from mere caprice. (g) They are responsible if there is any evidence of corrupt motive, not only for refusing, (h) but for improperly granting, (i) licenses; and although it is doubtful whether any action lies against them (j) for refusing to grant, they are criminally responsible for any abuse of the power given them by the Act. (k) A grant of licence may be refused on many other grounds than that of misconduct on the part of the applicant, although this is generally the reason for such refusal; and it has been decided that a good reason for refusing to grant a fresh licence, is the fact that there are already a sufficient number of houses licensed in the neighbourhood where the (b) Form V. (a) 9 Geo. 4, c. 61, s. 1. (c) 9 Geo. 4, c. 61, s. 2. Forms VI. and VII. See [32 & 33 Vict. c. 47]. H. Con. Act, 1869. (d) R. v. Walsall JJ., 3 C. L. R. 100; 24 L. T. 111; see also Cooper v. Wandsworth Board of Works, 8 L. T. Rep. N.S. 278; 32 L. J., M. C. 185. (e) Ex parte Rushworth, 23 L. T. Rep. N. S. 120. (f) R. v. Hann, 3 Burr. 1716. (g) R. v. Boteler, 33 L. J., M. C. 101, 103. (h) R. v. Williams, 3 Burr. 1317; R. v. Nottingham, Sayer, 216; R. v. Hann, 3 Burr. 1716; R. v. Young, 1 Burr. 557. (i) R. v. Temple, 1 Keb. 727; R. v. Cornelius, 2 Strange, 1210; see also R. v. Giles, 2 Strange 881; R. v. Surrey, 2 D. & R. Mag. Ca. 435; R. v. Farringdon Without, Ibid. 365; R. v. Holland, 1 T. R. 692. (j) Gelan v. Hall, 27 L. J., M. C. 78; see also Linford v. Fitzroy, 18 L. J., M. C. 108. (k) Bassett v. Godschall, 3 Wils. 121. |