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i (il. Refusal by Justices of a Licensing District to
renew existing On .Licence, with space for
specifying the grounds of their refusal.
Sec. 3 (4). Account to be kept by Quarter Sessions of
Moneys paid into Compensation Fund, half-
bound.
t (2). Form of On Licence, with Conditions attached.
Sec. 4 (3). Form of On Licence for a term of Years, with
Conditions attached.
Sec. 4 (3) /;. Transfer of On Licence for a term of Years.
Sec. 4 (5). Complaint against Licence Holder.
Summons.
Order of Forfeiture of Licence.
. 7. Return by Ouaru-r Sessions.
SHAW & SONS, Law Publishers,
7, 8, & 9, Fetter Lane, London, E.G.
THE LICENSING ACT, 1904.
THE STANDARD WORK.
PATEBSON'S LICENSING
ACTS, 1828 TO 1904.
Sijtcentb E&ition.
WILLIAM W. MACKENZIE, M.A.,
Barrister at Law; Editor of"Pratt's lliylncays."
The publishers have pleasure in announcing that the
[Sixteenth Edition will be ready about December, 1904. It
will be carefully brought up to date in every particular.
LONDON :
BUTTER WORTH & CO., 12, BELL YARD, TEMPLE BAR, W.C.
SHAW & SONS, 7 & 8, FETTER LAXE, B.C.
•£M Ct-«k^i «-•-.'
:
THE
LICENSING ACT, 1904.
(4 EDW. 7, c. 23.)
dfeplanatorg gates, mi Introduction,
and an
BY
WILLIAM W. MACKENZIE, M.A.,
BARRISTER- AT-LAW.
Editor of " Paterson's Licensing Acts," Eleventh to Fifteenth Editions, etc.
LONDON:
BUTTERWORTH & CO.,
12, BELL YARD, TEMPLE BAR, W.C.
SHAW & SONS,
, 7 & 8, FETTER LANE, E.G.
Xavv printers an& publisbcrs.
1904.
LONDON :
BUTTERWORTH & Co., 2, CRANE COURT, FLEET STREET, E.C.
PKEFACE.
rjlHE importance of the Licensing Act, 1904,
can scarcely be overstated, and the
changes which it has introduced are far
reaching.
An endeavour has been made in the
following pages to show how far the existing
law has been altered by the new Act, and to
supply some notes which may be of use to
those concerned in the administration of the
Act.
The new Act amends the law in respect
to the extinction of on licenses and the grant
of new licenses, and makes some alterations
as to transfers. In the Appendix will be found
the various Statutory Provisions still in force
in respect to the grant of new licenses,
renewals, and transfers, and the holding of
L.A. a 3
412712
vi PREFACE.
Brewster Sessions and Special Transfer
Sessions. In this little book, therefore, will
be found all the Statutory Provisions now
in force relating to the grants of new licenses,
renewals, and transfers, and the Sessions at
which the business in respect thereto may
be transacted.
W. M.
9, KING'S BENCH WALK,
TEMPLE,
August, 1904.
TABLE OF CONTENTS.
PAGE
TABLE OF STATUTES ix
TABLE OF CASES xi
INTRODUCTION 1
LICENSING ACT, 1904.
(4 EDW. 7. c. 23.)
SECT.
1. References to quarter sessions of questions as to renewal of
licenses in certain cases 9
2. Payment of compensation on non-renewal of license ... 19
3. Financial provisions 26
4. Provisions as to new licenses 29
5. Division of area and appointment of committees for pur-
poses of Act 37
6. Rules 40
7. Returns to Secretary of State 41
8. Authorities and areas 41
9. Application of Act to special cases and interpretation ... 42
10. Short title, construction, and commencement 49
Schedules 50
APPENDIX.
Alehouse Act, 1828 (9 Geo. 4, c. 61) 53
Beerhouse Act, 1840 (3 & 4 Viet. c. 61) 60
Wine and Beerhouse Act, 1869 (32 & 33 Viet. c. 27) 61
viii TABLE OF CONTENTS.
PAGB
Wine and Beerhouse Amendment Act, 1870 (33 & 34 Viet. c. 29) 62
Licensing Act, 1872 (35 & 36 Viet. c. 94) ... 64
Licensing Act, 1874 (37 & 38 Viet. c. 49) 69
Licensing Act, 1902 (2 Edw. 7 c. 28) 69
Rules under Finance Act, 1894, s. 10 71
List of county boroughs 73
TABLE OF STATUTES.
9 Geo. 4, c. 61. (Alehouse Act, 1828)— PAGE
ss. 1, 2 ... 53
s 3 54
s!4 .'.".' .'.'.' .'.'.' "45,49,"54, 70
s. 5 J 54
ss. 9, 12, 13 55
s. 14 37,45,46,49,56,70
8.15 57
s.16 ... 13
s.27 47,58
s. 28 58
s.29 47,59
11 Geo. 4, and 1 Will. 4, c. 64. (Beerhouse Act, 1830) : 49, 60, 61
1 Will. 4, c. 62 (Beerhouse Act, 1830), s. 2 13
3 & 4 Viet. c. 61. (Beerhouse Act, 1840)—
s. 1 12, 13, 60, 61
s.7 13
5 & 6 Viet. c. 44. (Licensing Act, 1842), s. 1 34
23 & 24 Viet. c. 27. (Refreshment House Act, 1860) 61
s.8 12
s. 18 14
s. 22 13
32 & 33 Viet. c. 27. (Wine and Beerhouse Act, 1869)—
s.7 61
8.8 ... 5, 8, 15, 16,43,48
(2) 11
s. 11 14
s.19 43,48
c. 47. (High Constables Act, 1869) 54
33 & 34 Viet. c. 29. (Wine and Beerhouse Amendment Act,
1870)—
s. 4 62,70
s.7 43,48
s. 10 63
s. 11 12, 63, 70
s. 14 14
c. 111. (Beerhouse Act, 1870) 49
x TABLE OF STATUTES.
PA6E
34 & 35 Viet. c. 112. (Prevention of Crimes Act, 1871)—
8.10 14,35
35 & 36 Viet. c. 94. (Licensing Act, 1872) ... ... 49
8.3 14,35
8.9(1) 35,36
s. 12 36
s.15 13,35
s. 36 47
s.37 6,31,39
s.38 7,31,38,39
s. 40(1) 65
(2) 45, 65, 70
(3) 65
s.42 3,16,17,65
s. 43 32,65
s.44 14
s.45 11,12,66
ss.46,47 12,66
s. 50 32
s.53 67
s.55 36
8.60 14,68
s.70 48
s.74 11,18
37 & 38 Viet. c. 49. (Licensing Act, 1874) 49,69
s.15 31,35,36,37
s.22 32,34,44
s. 26 3,16,69
s. 29 18,47
s. 32 31
43 & 44 Viet. c. 20. (Inland Revenue Act, 1880), s. 43 (4) ... 49
44 & 45 Viet. c. 61. (Sunday Closing (Wales) Act, 1881) ... 49
47 & 48 Viet. c. 29. (Licensing (Evidence) Act, 1884) ... 49
51 & 52 Viet. c. 41. (Local Government Act, 1888)—
8.20 31,35
8.59 40
53 & 54 Viet. c. 8. (Tithe Act, 1891), s. 1 (1) 26
57 & 58 Viet. c. 30. (Finance Act, 1894), s. 10 (5) ... 25, 26, 71
2Edw. 7, c. 28. (Licensing Act, 1902) 49,69
s.ll (2) 35
(4) 12
s.l4(l) 1,17,47,69
(6) 47
s. 15 34
s. 16 45,70
s. 19 32
TABLE OF CASES.
PACK
Allison /•. Monkawearrnouth Shore
Overseers 23
Annandale Licensing Coniinlttee, Re 33
Attorney-General, Tynemouth Cor-
l«>ration v 10
Attorney-General v. Wlllett 40
Atliay, It. c 33
Ttarnett v. Laskey 12
Bird, r..r parte Neeiles, R. <• 32
Birmingham J.J., Boodle r 45
ninuinxham JJ., Latimcr « 11
Birmingham JJ.. K. v 12
Bligh v. Mailing 2,4
Boodle 7\ Birmingham JJ 45
Kowuian, R. v. 6, 33
Brentford JJ., Stevens v 33
Broad r. Broad 47
Broadbent, Pearson v 13
Browne r. Brandt 46
Bristol JJ., R. v 17,47
Bristol Recorder, R. •»• 42
Canada Southern Rail. Co. -v. Inter-
national Bridge Co 49
Carman r. St. Margaret's JJ 34
Gartwright «. Scnlcoates Union 23
Cayle's Case 46
Chambers, Tower JJ. v 13, 37
Clarke r. Flsherton Angar 23
Conway JJ., Evans v 2, 4
Cowles v. Gale 13
Cumberland JJ., R. v 15
1 in. 1 1 is j). South Shields Union Assess-
ment Committee 23
Evans v. Conway JJ 2*, 4
Exeter JJ., R. v 0
Pisherton Angar, Clarke r 23
Flynn & Sons, Ex parte 37
Fulham Vestry v. Solomon 12
Gale, Cowles v 13
Gebhart v, Saunders 12
PAGE
(iee, I!, n 14
Gorman, Ex parte 16
Green v. Marsh 42
Gieen u. Stevens 37
Groom, Ex parte Cobbold, R. •« 32
Hammond, Bushell v 12
Hay v. Tower JJ 13
Hereford, Smith v 14
Howard, R.y 14,17
Igoe v. Shann 48
International Bridge Co., Canada
Southern Rail. Co. v 49
Ivens, R. v 46
Jones, Traynor v 45
Kinson Pottery Co. v. Mayor of Poole 12
Lacey, Thompson v 16
Lancashire JJ., R. v 12,17
Lancashire JJ., Tranter v 16
1/askey, Barnett v 12
Latitner 7'. Birmingham JJ 11
Liverpool, Mersey Docks v 23
Liverpool JJ., R. v 12
London County JJ., H. v 34
Lud low v. Pike 26
Mailing, Whlffen or Bligh v 2,4
Manchester JJ., R. v. > 32
Mann, H. •/• 6
Marsh, Green D 49
Mersey Docks v. Liverpool 23
Metcalfe, Wise « 12
Middlesex Licensing Committee, R. r. 32
Miskin Higher JJ., It. v 11
Morden r. 1'orter 35
Monkswearmouth Shore Overseers,
Allison v 93
Moore or Herts. JJ- R. v 36
Newcastle JJ., R. v 34
Newington JJ., Talt v 33
Xll
TABLE OF CASES.
PAGE
Pearson v. Broadbent 13
Pike, Ludlow v 26
Poole (Mayor of), Klnson Pottery
Co. t) 18
Porter, Morden v 35
Haven v. Southampton JJ 4, 17
Reading JJ., R. v 42
R.v. Athay i 33
Bird, Kxparte Needes 32
Birmingham JJ 12
Bristol JJ 17, 47
BrlBtol Recorder 42
Bowman 6,33
Cumberland JJ 15
Exeter JJ 6
Gee 14
Groom, Ex parte Cobbold 32
Howard 14,17
Lancashire JJ 12,17
London County JJ 34
Liverpool JJ 12
Manchester JJ 32
Mann 6
Middlessex LicensingiCouimtttee 32
Miskin Higher JJ 11
Moore or Herts. J J 36
Newcastle JJ 34
Reading JJ 42
Roper 13
Smith or Hereford JJ 14
Smith or Southport JJ 16
Smith 45
Sunderland JJ 32
Surrey JJ 16
Sykes 16
Vine 13
West Riding JJ 13,36
York (Mayor of) 32
Roper,R.v 13
Saunders, Gebhartr' 12
Sculcoates Union, Cartwright v 23
PACK
Shann, Igoe y 48
Sharpe v. Wakefleld 2, 4, 14, 21, 34
Smith v. Hereford 14
Smith, R. v 14, 46
Smith, Shann v 11
Smith, Exparte 16
Solomon, Fiilham Vestry v 12
Southampton JJ., Raven v 4, 17
Southport, R. v 16
South Shields Union Assessment
Committee, Dodds v 23
Sprague, R. v 46
Stevens v. Brentford JJ 33
Stevens v. Green 37
St. Margaret's JJ., Cannon v 34
Sunderland JJ., R. v U2
Sunderland Overseers v. Sunderland
Union 23
Surrey JJ., R. v 16
Sykes, R. v 16
Symonds v. Wedmore 12
Tate v. Xewington JJ 33
Thompson v. Lacey 46
Tower JJ. v. Chambers 13, 37
Tower JJ., Hay v. 13
Tranter v. Lancashire JJ 16
Traynor v. Jones 45
Vine,R. v 13
Wakefleld, Sharpe v 2, 4, 14, 21, 34
Wedmore, Symonds r 12
West Riding JJ., R. v 13, 36
Whlflen v. Mailing or Bligh 2,4
Willett, Attorney-General v 40
Wise v. Metcalfe 12
York (Mayor of), R. v..
LICENSING ACT, 1904.
INTEODUCTION.
THE Licensing Act, 1904, comes into operation on
January 1st, 1905. It amends the law "in respect to
the extinction of licenses and the grant of new licenses."
Under the law prior to this Act the renewal of existing
licenses and the grant of new licenses primarily rested
with the justices of the licensing district in a county and
the justices of the borough in a borough. In the case of
boroughs where there are less than ten justices, special
provision is made for a certain number of county justices
acting with borough justices in respect of new licenses.
Reneicals. — Under the law prior to this Act the existing
licenses were (provided application was made for renewal)
renewed as a matter of course unless notice of objection to
the renewal was given. The question of renewal of licenses
came before the licensing justices at their annual meeting,
commonly called brewster sessions, held in February or
some time in March (Licensing Act, 1902, s. 14, post).
If objection was taken to the renewal o£ the license, the
justices had an absolute discretion (a discretion which,
however, had to be exercised judicially : Sharp v. Wake-
field, [1891] A. C. 173 ; 55 J. P. 197 ; 60 L. J. M. C.
L.A. B
2 LICENSING ACT, 1904.
73 ; 64 L. T. 180 ; 37 W. R. 187) to refuse or grant the
renewal of a license, subject to an appeal to quarter
sessions in case the renewal was refused. The appeal to
quarter sessions was an appeal both on facts and law, and
amounted to a complete rehearing of the case ( Whiffin v.
Mailing or Bligh, [1892] 1 Q. B. 362 ; 56 J. P. 325 ;
66 L. T. 333 ; 40 W. R. 292 ; 61 L. J. M. C. 82 ; Evans v.
Conway JJ., [1900] 2 Q. B. 224 ; 69 L. J. Q. B. 636 ;
64 J. P. 467 ; 48 W. R. 577 ; 82 L. T. 703 ; 16 T. L. R.
425). The justices, therefore, had exactly the same power
to extinguish licenses whether on the ground of the mis-
conduct or unfitness of the license-holder or condition of
the licensed premises, or whether the reason for the extinc-
tion was unconnected either with the conduct or unfitness
of the license-holder or with the condition of the premises.
The great change made by the new Act is that it
restricts the power of licensing justices to refuse to renew
an existing on license to four grounds, namely :
1. That the licensed premises have been ill-conducted ;
2. That the premises are structurally deficient or
structurally unsuitable ;
3. That the character or fitness of the proposed holder
of the license is unsatisfactory ;
4. That the renewal would be void ;
while in all other cases the licensing justices can only
report the question of refusing to renew to quarter sessions,
and quarter sessions cannot refuse to renew except on
payment of compensation (Licensing Act, 1904, s. 1).
The compensation is not compensation provided by the
State, but is compensation provided by the trade itself ;
that is to say, the trade are obliged under the Act to
bring themselves under the mutual insurance scheme set
INTRODUCTION. 3
up by the Act (ibid., s. 3). The main outlines of the
insurance scheme are the establishment for each county of
a compensation fund, contributions to which are levied
over the licensed premises in the area ; if a license is
extinguished in a county under circumstances which
entitle the persons interested in the premises to the
payment of compensation, the compensation is provided
out of the compensation fund of the county. Inasmuch
as the county is taken as the compensation area, the
Act gives to quarter sessions the final decision as to
the cases in which compensation is to be paid {ibid.,
s. 1 (2) ), but quarter sessions will not be able to take
away any license or to give compensation except in cases
which are reported to them for the purpose by the justices
of the licensing district.
The procedure before licensing justices as to objecting
to the renewal of on licenses and hearing objections —
whether the ground of objection is or is not one which,
if successful, would entitle the parties interested in the
licensed premises to compensation — will be the same as at
present. Notice of objection must be given to the licensed
person, and the evidence tendered must be given on oath,
and the other formalities prescribed by s. 42 of the
Licensing Act, 1872, and s. 26 of the Licensing Act,
1874. must be observed.
The effect of the Act is that the parties interested in
the license may still come before quarter sessions if
the renewal is refused. Bat there is this distinction :
In the case of the justices of the licensing district
refusing to renew the license on any of the grounds
mentioned on p. 2, ante, the question may come before
quarter sessions in the shape of an appeal under the
Alehouse Act, 1828, s. 27. In the other case, that is
B 2
4 LICENSING ACT, 1904.
where they think that the renewal of the license should be
refused on some other ground, as, for example, redundancy,
the question comes before quarter sessions in the shape of
a report from the licensing justices that they think that
the case is one for the extinction of the license with
compensation.
In the former case the question is decided judicially by
quarter sessions with reference to the special case before
them ( Whiffin v. Mailing or Bligh, supra ; Evans v.
Conway JJ., supra ; Raven v. Southampton «/«/., [1904]
1 K. B. ; 68 J. P. 68). In the latter case the question is
partly administrative and partly judicial. It must
primarily be decided by quarter sessions or, more correctly
speaking, their committee (see s. 5 (2) ) administratively
as a question affecting the whole county having regard to
all the reports made to them by the licensing justices in
the county, and to the amount of money available for
compensation.
Quarter sessions must delegate their power of " deter-
mining any question as to the refusal of the renewal of a
license under this Act and matters consequential thereon "
to a committee (Licensing Act, 1904, s. 5 (2)), and this
committee will, first of all, consider all the reports of the
licensing justices of the county. They will then make up
their minds having regard to the compensation available
and to the general interests of the county, how far they
will act on those reports. Up to this point it seems clear
that the proceeding will be administrative and not judicial,
and that so far there is no necessity for any opportunity
being given to hear any persons judicially, the power to
consult with the licensing justices and to obtain informa-
tion privately from such persons as the chief constable or
residents in the neighbourhood being amply sufficient.
INTRODUCTION. 5
If the committee eventually resolve on the reduction of
certain licenses, the hearing of persons interested in the
licensed premises, or (if need be) in the question of the
renewal of the license including the licensing justices,
as to the taking away of an individual license will no
doubt be more or less in the nature of a judicial hearing.
This hearing will, it seems, be before the committee.
The amount of compensation is the difference between
the premises with the license and the premises without a
license (including a sum for the depreciation of trade
fixtures arising by reason o£ the refusal to renew the
license) ; and the amount may be agreed between the
parties interested in the licensed premises and approved
by quarter sessions, or failing such agreement and approval
shall be paid by the Commissioners of Inland Revenue,
subject to an appeal to the High Court (s. 2).
Ante-18G$ licenses. — The Act brings the anfe-1869 beer-
houses under the control of the justices. Under the law
prior to this Act the justices could only take away these
licenses on one or more of the four grounds mentioned in
s. 8 of the Wine and Beerhouse Act, 1869 (see note (f) to
s. 9, post, p. 48), and had not the same discretion to take
them away on any other grounds as they had with regard
to other licenses. This Act enables justices to deal with
ante-1869 beerhouses in exactly the same way as they can
deal with other licensed premises. Compensation in the
case of the anfc-1869 licenses will be higher than that
given in the case of other licensed premises in order to
recognise their superior parliamentary title.
New licenses. — Under the law prior to this Act new
licenses are granted in a county by the justices of the
6 LICENSING ACT, 1904.
licensing division, and confirmed by the committee called
the county licensing committee ; that is, a committee
consisting of not less than three and not more than twelve
justices appointed by the Quarter Sessions (Licensing Act,
1872, s. 37). There was no appeal either against the
grant of a new license or against the refusal to grant a
new license. The confirmation by the county licensing
committee takes the place of the appeal. The new Act
makes practically no alteration as regards the authority
who grant, or the authority who confirm, a new license,
beyond substituting a committee appointed by the quarter
sessions under s. 5 (2) for the county licensing committee
appointed under s. 37 of the Licensing Act, 1872.
The Act considerably extends the existing power of
justices as regards new licenses. Under the law prior
to this Act, the only question before the justices was
whether the license should be granted or not. The
justices could not attach any conditions to the grant of a
new license which would have any legal sanction (R. v.
Bowman, [1898] 1 Q. B. 663 ; 67 J. P. 374 ; 67 L. J. Q. B.
463 ; 78 L. T. 230 ; 14 T. L. R. 303 ; R. v. Exeter JJ. ;
R. v. Mann (1873), 42 L. J. M. C. 35 ; 37 J. P. 212 ;
L. R. 8 Q. B. 235 ; 27 L. T. 847 ; 21 W. R. 329).
Under this Act the justices, on the grant of a new on
license may attach to the grant of such license such con-
ditions both as to payments to be made and the tenure of the
license, and as to any other matters, as they think proper in
the interests of the public ; they are also obliged to secure
to the public as far as they can the monopoly value of
the license (s. 4 (2) ). The justices are also given power,
if they think right, to grant not merely the annual license
which they grant under the existing law, but a license
which will, subject to the good conduct of the license-
INTRODUCTION. 7
holder and of the premises, continue for a fixed term not
exceeding seven years, that is to say, they can practically
grant a lease of the license (s. 4 (3) (5) ).
The object of the Act as regards new on licenses appears
to be to enable such experiments to be made in each locality
as the authority granting such licenses think proper ; and
also to ensure that it should be impossible for the future
that any property in the on license should grow up which
would at all fetter the free treatment of the license in
such a manner as the authority having control over such
license think right in the existing circumstances.
In boroughs no alteration is made as to the body granting
or confirming a grant of new licenses.
County boroughs. — The Act applies ,to a county
borough as though it were a county with the substitu-
tion of the whole body of justices acting in and for
the borough for quarter sessions (s. 8 (2) ) ; and the
city of London, for the purposes of the Act, is to
be deemed a county borough (s. 8 (3) ). The whole
body of licensing justices will thus be the Authority
who will receive reports as to licenses that may
be taken away on the ground of redundancy or other
similar cause on payment of compensation ; and they
will also have the control of the compensation fund.
They will exercise their powers as to the renewal of licenses
through the borough licensing committee, appointed under
s. 38 of the Licensing Act, 1872 (s. 5 (4) ). An alteration
is made in the number of members of such committee.
Formerly it consisted of not less than three nor more
than seven ; now it is to consist of not less than seven,
the maximum number being such number as the whole
8 LICENSING ACT, 1904.
body of justices acting in and for the borough determine
(s. 5 (4)').
Of licenses. — The discretion of the licensing justices as
to the renewals of off licenses is not interfered with by
the Act, and where the renewal of any such license is
refused on the ground of redundancy or any other similar
ground, or, indeed, on any ground whatever, no com-
pensation is payable. The holders of such licenses are
not liable to contribute to the compensation fund. It will
be recollected, of course, that persons who held off licenses
for wine, spirits, liqueurs, sweets, or cider on June 25th,
1902, cannot be refused a renewal of such licenses except
on one or more of the four grounds mentioned in s. 8 of
the Wine and Beerhouse Act, 1869 (see note (z) to s. 9,
post, p. 48), or for misconduct in the management of
their business (Licensing Act, 1902, s. 10 (4) ).
Act coming into operation. — As already stated, the Act
comes into operation on January 1st, 1905. But it is
competent for quarter sessions or justices of county
boroughs and the city of London or any other Authority
under the Act to exercise any power before January 1st so
far as may be necessary or expedient for the purpose of
bringing the Act into operation on that day (Interpretation
Act, 1889 (52 & 53 Viet. c. 63), s. 37). No instrument,
however, made under such power will come into operation
until the Act itself comes into operation (ibid.).
LICENSING ACT, 1904.
(4 EDW. 7, c. 23.)
An Act to amend tlie Licensing Acts, 1828 to 1902, m
respect to the extinction of Licenses and the grant of
new Licenses. [15th August 1904.]
BE it enacted by the King's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows :
1. Reference to quarter sessions of questions as to renewal
of licenses in certain cases."] (1) The power to refuse the
renewal of an existing on license (a), on any ground other
than the ground that the licensed premises (6) have been
ill-conducted (c) or are structurally deficient or structurally
unsuitable (d), or grounds connected with the character or
fitness of the proposed holder of the license (e\ or the
ground that the renewal would be void (/), shall be vested
in quarter sessions (#) instead of the justices of the
licensing district (A), but shall only be exercised on a
reference from those justices (z), and on payment of
compensation in accordance with this Act (&).
In every case of the refusal of the renewal of an
existing on license (a) by the justices of a licensing dis-
trict (A), they shall specify in writing to the applicant the
grounds of their refusal (I).
(2) Where the justices of a licensing district on the
consideration by them, in accordance with the Licensing
10 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 1. Acts, 1828 to 1902 (m), of applications for the renewal of
licenses (n) are of opinion that the question of the renewal
of any particular existing on licenses (a) requires considera-
tion on grounds other than those on which the renewal of
an existing on license can be refused by them (o), they shall
refer the matter to quarter sessions (p), together with their
report thereon (5-), and quarter sessions (p) shall consider
all reports so made to them (?•), and may, if they think it
expedient, after giving the persons interested (s) in the
licensed premises (6), and, unless it appears to quarter
sessions unnecessary, any other persons appearing to them
to be interested in the question of the renewal of the license
of those premises (including the justices of the licensing
district), an opportunity of being heard (t\ and subject to
the payment of compensation (M) under this Act, refuse the
renewal of any license to which any such report relates.
(a) The expression "on license" means a license for the sale of
any intoxicating liquor (other than wine alone or sweets alone) for
consumption on the premises; and the expression "existing on
license " means a license in force at the date of the passing of this
Act, and includes a license granted by way of renewal from time to
time of a license so in force whether such license continues to be
held by the same person or has been or may be transferred to any
other person or persons. See s. 9, post.
The licensing justices will have full discretion to grant or refuse
the renewal of new on licenses granted after the passing of this Act.
This sub-section only restricts their discretion in respect to existing
on licenses. " Leased " licenses do not require renewal. See s. 4 (3),
post.
Off licenses are not included in the Act, except so far as the Act
relates to confirmation. They are not subject to compensation if the
renewal is refused. This is probably due to the fact that these off
licenses are in nearly every case attached to other businesses, and it
would, therefore, be difficult to assess the contributions that they
should pay to the compensation fund. The same observation applies
to a license for wine alone or sweets alone, which are excluded
from the definition of an on license supra.
(/>) " Licensed premises " means premises in respect of which a
license, as defined by the Licensing Act, 1872, has been granted and
is in force ; and a "license," as denned by the Licensing Act, 1872,
GROUNDS OF REFUSAL. 11
means a license for the sale of intoxicating liquors granted by Sect. 1.
justices in pursuance of the Alehouse Act, 1828 (9 Geo. 4, c. 61),
including a certificate of justices granted under the Wine and NOTE (6).
Beerhouse Acts, and including a license for the sale of sweets, and a
license for the retail of spirits granted to a wholesale spirit dealer
by justices (Licensing Act, 1872, s. 74).
(c) Examples of misconduct are given in s. 9 (2), post, viz., per-
sistent and unreasonable refusal to supply suitable refreshment
(other than intoxicating licjuor) at a reasonable price, and failure
to fulfil any reasonable undertaking given to the justices on the
grant or renewal of the license.
If the house is of a disorderly character or is frequented by thieves,
prostitutes or persons of bad character, this will be evidence that
the premises have been ill-conducted (c/. Wine and Beerhouse Act,
1869 (32 & 33 Viet. c. 27), s. 8 (2) ). Evidence of convictions against
previous occupiers of the house, although the character of the
present holder is good, is evidence that the house is of a disorderly
character (R. v. Miskin Higher JJ., [1893] 1 Q. B. 275 ; 57 J. P.
263 ; 67 L. T. 680 ; 41 W. R. 252 ; 5 R. 121).
Where evidence had been given to establish and had failed to
establish a charge against the licensee of suffering gaming con-
trary to the Act, it was held that this evidence could be called again
on the renewal to show that the house was of a disorderly character
notwithstanding the acquittal, because it was ottered for an entirely
different purpose (Latimer v. Birmingham JJ. (1896), 60 J. P. 660 n).
Where at a transfer sessions the applicant applied for and obtained
a transfer, notwithstanding that evidence was given to show the
house was of a disorderly character, it was held that the evidence
could be again given on the renewal, and the justices acting upon it
might refuse to renew (Smith v. Shann, [1898] 2 Q. B. 347 ; 62 J. P.
354 ; 67 L. J. Q. B. 819 ; 77 L. T. 77 ; 14 T. L. R. 414).
(d) This ground enables the licensing justices in their discretion
to refuse the renewal of an on license other than that of an ante-
1869 beerhouse, where the premises are structurally deficient or
structurally unsuitable. To come within this ground the structure
itself must either be deficient or unsuitable.
It is provided by the Licensing Act, 1872 (35 & 36 Viet. c. 94\
s. 45, that premises licensed for the first time subsequently to 1872,
"shall be, in the opinion of the licensing authority, structurally
adapted to the class of license for which a certificate is sought :
Provided that no house, not licensed at the time of the passing of
this Act for the sale of any intoxicating liquor for consumption on
the premises shall be qualified to have a license attached thereto
authorising such sale, unless such house shall contain, exclusive of
the rooms occupied by the inmates of such house, if the license
authorise the sale of spirits, two rooms, and if the license do not
authorise the sale of spirits, one room, lor the accommodation of
the public."
12 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 1. Prior to the Licensing Act, 1872, there was no statutory provision
regulating the structure of the premises licensed or about to be
NOTE ((/). licensed, although the Beerhouse Act, 1840 (3 & 4 Viet. c. 61),
s. 1, introduced a certain value qualification in respect of beerhouses.
See also Wine and Beerhouse Act, 1870, s. 11 ; Licensing Act, 1872,
ss. 45, 46, 47. As to wine and sweets on, see Refreshment Houses
Act, 1860 (23 & 24 Viet. c. 27), s. 8.
Dilapidated premises requiring structural repair as distinct from
decorative repair would be a good ground of refusal under this
sub-section. A structural defect in the drains would constitute
structural deficiency (cf. Geblutrt v. Saunders, [1892] 2 Q. B. 452 ;
67 L. T. 684 ; 56 J. P. 741 ; 40 W. R. 571 ; Kinson Pottery Co. v.
Mayor of Poole, [1899] 2 Q. B. 421 ; 68 L. J. Q. B. 819 ; 81 L. T. 24 ;
47 W. R. 607 ; 6fi J. P. 580). The absence of whitewash or papering
would not render the premises structually deficient or structually
unsuitable, for " whitewashing and papering are in the nature of
ornament " (BAYLEY, J., in Wise v. Metcalfe (1829), 10 B. & C. 316) ;
and absence of cleansing would not necessarily render premises
structurally deficient. (<Jf. Barnett v. Laskey (1898), 68 L. J. Q. B.
55 ; Fulham Vestry v. Solomon, [1896] 1 Q. B. 198 ; 65 L. J. M. C.
33 ; 60 J. P. 72 ; 12 T. L. R. 157.)
By s. 11 (4) of the Licensing Act, 1902 (2 Edw. 7, c. 28), licensing
justices may on renewing any license, direct such alterations as they
think reasonably necessary to secure the proper conduct of the
business, should be made in that part of the premises where intoxi-
cating liquor is sold or consumed. And it was held in Bvdiell v.
Hammond (1904), 64 J. P. 370, that the power to direct alterations
was not confined to that part of the premises where intoxicating
liquor was actually sold or consumed, but included the means of
access thereto, and that justices had power to order the back entrance
to premises to be closed. It would seem to follow, therefore, that
if the means of access to licensed premises are not satisfactory, such
premises may be deemed structurally unsuitable within this section.
Unsuitability of site would not come within the ground of "struc-
turally unsuitable."
(e) The expression " proposed holder " means the person applying
for the renewal in his own name. He may be the holder of the
existing license, or he may be a person in occupation of the premises
to whom it is proposed to renew the license. Cf. BRETT, M.R., in
R. v. Liverpool JJ. (1883), 11 Q. B. D. 644 ; Symons v. Wedmore,
[1894] 1 Q. B. 401 ; 63 L. J. M. C. 44 ; 69 L. T. 801 ; 58 J. P. 197 ;
42 W. R. 301.
The conviction of the proposed holder affects his character for the
purpose of the Licensing Acts (R. v. Birmingham JJ. (1876),
40 J. P. 132). Whether one conviction will bring the case within
the scope of this sub-section will depend on the nature of the con-
viction. In R. v. Lancashire JJ. (1891), 55 J. P. 580, Lord ESHEK,
M.R., said (p. 582) : " A good character for many years ought not
GROUNDS OF EEFI'SAL. 13
to be destroyed by one such slip as this " (that is, keeping open Sect. 1.
during prohibited hours). A person may have a good character but — '-
be unfit to carry on the business of publican at the premises in NOTE (e).
question, and if the justices are satisfied as to his untitness, they
may refuse to renew without being under any obligation to award
compensation. In R. v. Lancashire JJ., supra, which was the case
of an rtnte-1869 beerhouse, it was held that quarter sessions had
exceeded their jurisdiction under the Wine and Beerhouse Act,
1869, ss. 8 and 19, when they acted not on the character of the
applicant but on the question of whether he was a proper person to
to keep a beerhouse in Manchester. This decision stilt holds good
in the case of an ante-1869 beerhouse ; but in the case of a fully-
licensed house it is still competent for the justices to refuse to
renew either on the ground 01 the bad character of the applicant,
or of his un fitness to hold the license in question.
(/) A license granted to a person who had previously been con-
victed of felony, although no one but himself was aware cf the
felony, and a formal transfer had been subsequently obtained
regularly by a third person, was held void in the hands of such
third person (R. v. Vine (1875), L. E, 10 Q. B. 195 ; 39 J. P. 213 ;
44 L. J. M. C. 60 ; 31 L. T. 842 ; 23 W. E. 649). But if the
convicted felon has received a free pardon, this wipes out the dis-
qualification as though it had never existed (Hay v. Tower JJ.
(1890), 24 Q. B. D. 561 ; 59 L. J. M. C. 79 ; 54 J. P. 500 ; 62 L. T.
290 ; 38 W. R. 414). If a license is forfeited on conviction for
using licensed premises as a brothel, it is void from that moment for
all purposes (R. v. West Riding JJ. (1888), 21 Q. B. D. 258 ;
52 J. P. 455 ; 57 L. J. M. C. 103 ; 36 W. R. 855 ; Licensing Act,
1872, s. 15). And so is the license of a beerhouse keeper convicted
of selling spirits without a license (Tower JJ. v. Chambers (1904),
20 T. L. R. 784). To renew a license in the name of a dead man
would be void, for " a license to a dead man is a mere nullity "
(Cow'es v. Gale (1871), L. R. 7 Ch. 12 ; 41 L. J. Ch. 14 ; 25 L. T.
524 ; 20 W. R. 70). Where the parties, the justices, and the Excise
all acted on the notion that an enactment was unrepealed and a
license was granted, the court held it void, notwithstanding the
mistake (Pearson v. Broadbent (1872), 36 J. P. 485).
Persons may be disqualified for holding a license as being a
sheriff's officer (Alehouse Act, 1828(9 Geo. 4, c. 61), s. 16 ; Beerhouse
Act, 1830 (1 Will. 4, c. 62), s. 2) ; as not being the resident holder and
occupier of a beerhouse (Beerhouse Act, 1840 (3 & 4 Viet. c. 61),
s. 1) ; as being, a person convicted after August 7th, 1840, of felony
or of selling spirits without license disqualified from selling beer and
cider by retail (Beerhouse Act, 1840, s. 7 ; R. v. .Koper(1894), 58 J. P.
512) ; or convicted alter June 14th, 1860, of like ofr'ences disqualified
from selling wine by retail (Refreshment Houses Act, 1860 (23 &
24 Viet. c. 27), s. 22 ; R. v. Roper, supra) ; person making use of
forged certificate disqualified from obtaining a license for the sale
14 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 1. °f beer, cider, or wine by retail (Wine and Beerhouse Act, 1869
' (32 & 33 Viet. c. 27), s. 11) ; person convicted of felony disqualified
NOTE (/). from selling spirits by retail (Wine and Beerhouse Act, 1870 (33 &
34 Viet. c. 29), s. 14) ; person selling intoxicating liquor without
license may be disqualified on second conviction for a terra not
exceeding live years, or on third or subsequent conviction for a term
of years or for life (Licensing Act, 1872 (35 & 36 Viet. c. 94), s. 3) ;
person convicted of permitting premises to be a brothel (ibid., s. 15).
Licensee may be deprived for two years under 34 & 35 Viet. c. 112,
8. 10, for second offence for harbouring thieves, or reputed thieves,
or permitting them to meet in the house or allowing deposit of
stolen goods ; and like period for a second offence for refusing to
admit, or not admitting, constable into refreshment house under
Refreshment Houses Act, 1860, s. 18. See further, Licensing Act,
1872, s. 44.
If the premises were of insufficient value where required to be of
a certain value by the Licensing Acts (see note (d), supra), the
justices would be justified in refusing to renew on this ground.
(g) "Quarter sessions" is defined in s. 9 (4), post, p. 44. In
county boroughs and in the City of London the whole body of
justices acting in and for the borough or city exercise the power
here vested in quarter sessions (s. 8 (2), (3), post, p. 42) on a report
from the borough licensing committee. Section 5 (4), post, p. 38.
(h) "Licensing district" means the area for which a general
annual licensing meeting is held in pursuance of the Alehouse Act,
1828 (Licensing Act, 1872, s. 74). The justices of the licensing
district are the justices not disqualified under the Licensing Act,
1872, s. 60, or by bias (R. v. Gee (1901), 17 T. L. R. 374).
Before this Act came into operation the power to renew or to
refuse to renew all licenses was vested in the licensing justices
subject to an appeal to the quarter sessions for the county in the
case of a refusal. Licensing justices had the same power to refuse
a renewal (except in the case of an anfe-1869 beerhouse) as they had
to grant a new license (CocKBURN, C. J., in R. v. Smith or Smith v.
Hereford (1878), 42 J. P. 295 ; 48 L. J. M. C. 38 ; 39 L. T. 606),
that is to say, they had an absolute discretion. They could refuse,
for example, on the ground that the house was too far from police
supervision and was not wanted in the neighbourhood (Sluir}} v.
Wakefield, [1891] A. C. 173 ; 55 J. P. 197 ; 60 L. J. M. C. 73 ;
64 L. T. 180; 37 W. R. 187), or on the ground that there were too
many licensed houses in the neighbourhood (R. v. Hovxird or
Farnham JJ., [1902] 2 K. B. 363 ; 71 L. J. K. B. 754 ; 66 J. P.
579 ; 51 W. R. 21 ; 86 L. T. 839 ; 18 T. L. R. 690). This power is
still vested in the licensing justices so far as the refusal is concerned
where the ground of refusal is that (1) the premises have been ill-
conducted, or (2) are structurally deficient or structurally unsuitable,
or (3) the character or fitness of the proposed holder of the license is
unsatisfactory, or (4) that the renewal would be void, as set out in
SPECIFYING GROUNDS OF REFUSAL. 15
sub-s. (1) and in notes (c), (d), (e), and (/), supra. In all other cases gect. 1.
the power to refiise to renew can only be exercised by quarter — '- '
sessions on a reference from the justices of the licensing district in NOTE (A),
which the licensed premises are situate and on payment of
compensation.
The power to refuse to renew and the duty to pay compensation
are not confined solely to cases of redundancy, but apply to all
cases where the refusal is not the result of any fault of the license-
holder or the structure of his premises, that is to say, on any ground
other than (1), (2), (3), or (4), supra.
The Act does not interfere with the discretion except so far as is
necessary for the purpose of carrying out the compensation scheme.
In order to make the compensation scheme work it was necessary to
take a large area like the county to work upon ; and in this case it
is obvious that the persons who decide whether compensation is to
be given or not out of the compensation fund must be the persons
representing the whole area and not persons representing only some
part of the area. In one sense the interference with the discretion
is purely nominal, inasmuch as under the system in force at the
passing of this Act an appeal to quarter sessions lay from a refusal
by the licensing justices. In this Act the licensing justices, instead
of refusing to renew a license and then being possibly overruled by
quarter sessions, will recommend the non-renewal of the license to
quarter sessions, and leave it to quarter sessions or their committee
to deal with. It will be noticed that quarter sessions cannot take
away a license on the ground of redundancy or other similar
ground unless it is recommended by the licensing justices.
(i) As to the reference from licensing justices, see sub-s. (2) of
this section.
(&),The payment of compensation is regulated by s. 2, post.
(I) The justices are not bound to deliver to the applicant in
writing their reason for refusing to renew the license unless they
are asked to do so.
The words of this part of the sub-section are similar to those
used in s. 8 of the Wine and Beerhouse Act, 1869 (32 & 33 Viet
c. 27), which requires the justices in certain cases to " specify in
writing to the applicant the ground of their decision " ; and in
B. v. Cumberland JJ. (1881), 8 Q. B. D. 369 ; 46 J. P. 7 ; 51 L. J.
Q. B. 142; 30 W. R. 178, where the justices had retired to
consider the application, and determined to refuse it on the
ground that the premises were not qualified according to law (that
being one of the cases in which they were bound to specify in
writing to the applicant the grounds of their decision), and there-
upon their clerk drew up a minute in writing to the effect that the
justices refused the application on the ground that they were not
satisfied the value of the house was sufficient to qualify it accord-
ing to law, and on their return the chairman rea-l out that minute
16 LICENSING ACT, 1904 [4. EDW. 7. c. 23].
Sect. 1. in the presence of the applicant, the court held that the justices
had sufficiently complied with the statute. FIELD, J., said (8 Q. B. D. ,
NOTE (1). p. 571) : " It is difficult to see what more the justices could have done."
CAVE, J., said (ibid. p. 372) : " The statute requires the justices to
specify in writing tne ground of their decision to the applicant.
That is for his benefit, so that he may know on what the decision is
founded. If they had been asked for a copy of the minute and
had not given it, they might have been held to have contravened the
Act, but I do not think they are bound to force a copy on the
applicant in order to comply with the statute."
The justices must state the grounds of their refusal at the time
of refusing the application, and if they neglect or refuse to do so
a mandamus will lie to compel them to hear and confine themselves
to the grounds mentioned in the sub-section (Ex parte Smith, R. v.
Surrey or Chertsey JJ. (1878), 3 Q. B. D. 374 ; 47 L. J. M. C. 104 ;
42 J. P. 598 ; 26 W. R. 682, following R. v. Sykes (1878), 1 Q. B. D.
52 ; 45 L. J. M. C. 39 ; 40 J. P. 39 ; 33 L. T. 566 ; 24 W. R. 141 ;
Tranter v. Lancashire JJ. (1887), 51 J. P. 454 ; R. v. Lancashire JJ.
(1891), 54 J. P. 580 ; 64 L. T. 562). If, however, the justices omit
to state the grounds, and the applicant appeals to quarter sessions
against the refusal, quarter sessions may rightly hear the appeal on
the merits (Ex parte Gorman, [1894] A. C. 23 ; 63 L. J. M. C. 84 ;
58 J. P. 316 ; 70 L. T. 46).
In R. v. Smith or Southport JJ. (1873), L. R. 8 Q. B. 146 ; 37 J. P.
214 ; 28 L. T. 129 ; 21 W. R. 382, where the justices refused a new
off-beer license on other grounds than those prescribed by s. 8 of
the Wine and Beerhouse Act, 1869, and there was power to appeal,
the court refused a mandamus on the ground that the applicant
might have appealed to quarter sessions.
(m) As to the Acts included in the expression Licensing Acts,
1828 to 1902, see note (a) to 8. 10, post.
In consequence of these words, " in accordance with the Licensing
Acts, 1828 to 1902," it will be necessary, where it is intended to
object to any license on any ground for which compensation is pay-
able if the license is refused, that is to say, on any ground other
than those mentioned in sub-s. (1), supra, that notice of objection
should be served on the holder of the license, pursuant to s. 42 of
the Licensing Act, 1872, and s. 26 of the Licensing Act, 1874 (see
ss. 42 and 26 in Appendix). Written notice of an intention to
oppose a renewal, stating in general terms the grounds of opposition,
must be served on the holder of the license " not less than seven
days before the commencement of the general annual licensing
meeting"; or if this is not done, but objection is made at the
annual meeting, the justices may "adjourn the granting of any
license to a future day, and require the attendance of the holder of
the license on such day when the case will be heard and the
objection considered as if such notice had been given " (Licensing
Act, 1872, s. 42 ; Licensing Act, 1874, s. 26). The evidence must
RENEWALS : REPORTS OF LICENSING JUSTICES. 17
be given on oath (Licensing Act, 1872, s. 42). If no notice to Sect. 1.
attend is given, the license-holder need not attend in person at the
annual meeting (ibid.), but he must make an application for a NOTE (TO).
renewal.
The same procedure will be followed at the annual licensing
meeting as before the passing of this Act, except that the justices,
instead of refusing a renewal on the ground of redundancy or any
similar ground, will report the case to quarter sessions. Licensing
justices should have satisfactory evidence before them affecting the
licenses against the renewal of which they report (cf. R. v. Howard
or Farnham JJ., supra). A map showing the locality and no other
evidence is unsatisfactory (cf. Raven v. Southampton JJ., [1904]
1 K. B. 430).
Where justices report against the renewal of a license they have
power to provisionally renew it (see s. 6 (a) ). Such provisional
renewal will continue in force until quarter sessions, or, in the case
of county boroughs, the whole body of licensing justices determine
that the license shall be taken away or not.
(w) Applications for renewal are heard at the general annual
meeting or at some adjournment thereof. The general annual
licensing meeting is held within the first fourteen days of the
month of February, and every adjournment thereof within one
month of the date of such meeting (Licensing Act, 1902, s. 14). No
fresh application for renewal can be made after the expiration of
one month from the date of the annual meeting (R. v. Bristol JJ.
(1903), 67 J. P. 375 ; 19 T. L. R. 596).
(o) These grounds are the grounds mentioned in sub-s. (1), supra,
(p) "Quarter sessions" is defined in s. 9 (4), post, and see note (<?),
supra. In county boroughs, the matter will be referred to the whole
body of justices meeting in and for the borough, see s. 8 (2), post,
on a report from the borough licensing committee, s. 5 (4), post.
As to the city of London, see s. 8 (3), post.
The Secretary of State may make rules regulating the procedure
of quarter sessions on the consideration of the reports of justices,
and on any hearing under this Act with reference to the refusal of
all licenses, and for the consultation with these justices as to their
reports, etc., see s. 6, post.
(q) Quarter sessions are not required under the Act to submit any
report received by them from licensing justices to persons interested
in the licensed premises.
(r) Quarter sessions, or rather the committee of quarter sessions
(see s. 5 (2), post), will consider all the reports of the justices of
the licensing district in their county as a whole, and decide what is
to be done having regard to the amount of compensation available.
\Vhen so acting, the question must primarily be decided by quarter
sessions administratively as a question affecting the whole county,
having regard to all the reports made to them by the licensing
L.A. o
18 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 1. justices of the county, and to the amount of money available for
1 ' compensation. When the committee of quarter sessions, having
NOTE (r). considered the whole question, have resolved on the reduction of
certain licenses, the hearing of objections made bv persons interested
in a certain license against the extinction of that license, will no
doubt be more or less in the nature of a judicial hearing.
(s) The " persons interested " are — the holder of the license, the
owner, any mortgagee, and generally any persons having an interest
in the premises. The " owner of licensed premises " is denned as
" the person for the time being entitled to receive, either on his own
account or as mortgagee or other encumbrancer in possession, the
rackrent of such premises" (Licensing Act, 1872, s. 74). By s. 29 of
the Licensing Act, 1874, "any person possessing an estate or interest
in premises licensed for the sale of intoxicating liquors, whether as
owner, lessee, or mortgagee, prior or paramount to that of the
immediate occupier, shall, on payment or a fee of one shilling to the
clerk of the licensing justices, be entitled to be registered as owner or
one of the owners of such premises : Provided, that when such estate
or interest is vested in two or more persons jointly, one only of such
persons shall be registered as representing such estate or interest."
Quarter sessions, or, more correctly, their committee (see s. 5 (2),
post) will decide who are the " persons interested " in the premises.
All who are interested will be entitled to be heard, and to come in and
share the compensation awarded. The persons must be interested
in the premises, and not merely in the business.
(t) If on consideration of a report from the justices of the licensing
districts, the committee of quarter sessions (see s. 5 (2), post) decide
that certain licenses should be refused, they will hear the persons
interested in these licenses, and also any person interested in the
non-renewal of the license, including the licensing justices, and decide
finally upon the matter. It is left to the option of the quarter
sessions, or rather their committee, whether to hear persons
interested in the question of the renewal or refusal of the license
and the licensing justices. There is good reason for this, as it is
quite possible that the persons interested in the licensed premises
may not oppose the refusal to renew the license with compensation.
Where the licensing justices appear, their costs may be allowed under
s. 3 (5), post.
The report of the licensing justices will form a primd facie case for
the non-renewal of the license, and, unless it appears to quarter
sessions unnecessary, any person locally interested in the non-renewal
can appear either personally or by counsel and conduct the case
against the license, including the licensing justices.
Rules regulating the procedure of quarter sessions on the con-
sideration of the reports of justices, and on any hearing with
reference to the refusal of the renewals of on licenses may be made
by the Secretary of State under s. 6, post.
COMPENSATION. 19
In the case of an appeal to quarter sessions against a refusal to Sect. 1.
renew or transfer a license, the only proper respondents to such an
appeal are the licensing justices. If any other person appears to NOTE (t).
oppose such an appeal, he can only be heard by permission of the
Bench (Tynemouth Corporation v. Attorney-General, [1899] A. C. 293;
68 L. J. Q. B. 752 ; 63 J. P. 404 ; 15 T. L. R. 370). But as already
pointed out in the case of a reference to quarter sessions under this
Act, any person appearing to quarter sessions to be interested in the
question of renewal or transfer, including the licensing justices, is
entitled to be heard unless it appears to quarter sessions unnecessary.
(u) As to payment of compensation on non-renewal, see s. 2, post.
The inquiry before quarter sessions will not be as to the amount of
compensation to be awarded, but only as to whether or not the
license should be refused.
2. Payment of compensation on non-renewal of license.']
(1) Where quarter sessions (a) refuse the renewal of an
existing on license (I) under this Act (c), a sum equal to
the difference between the value of the licensed premises
(calculated as if the license were subject to the same con-
ditions of renewal as were applicable immediately before
the passing of this Act(d), and including in that value the
amount of any depreciation of trade fixtures arising by
reason of the refusal to renew the license), and the value
which those premises would bear if they were not licensed
premises, shall be paid as compensation (e) to the persons
interested (/) in the licensed premises.
(2) The amount to be so paid shall, if an amount is
agreed upon by the persons appearing to quarter sessions
to be interested (g) in the licensed premises and is approved
by quarter sessions, be that amount (A), and in default of
such agreement and approval shall be determined by the
Commissioners of Inland Revenue in the same manner and
subject to the like appeal to the High Court (z) as on the
valuation of an estate for the purpose of estate duty (/:),
and in any event the amount shall be divided amongst the
persons interested in the licensed premises (including the
c 2
20 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 2. holder of the license) (g) in such shares as may be deter-
mined by quarter sessions :
/Provided ' that in the case of the license-holder regard
shall be had not only to his legal interest in the premises
or trade fixtures but also to his conduct and to the length
of time during which he has been the holder of the license,
and the holder of a license, if a tenant, shall (notwith-
standing any agreement to the contrary) (£) in no case
receive a less amount than he would be entitled to as tenant
from year to year, of the licensed premises (T»). /
(3) If on the division of the amount to be paid as com-
pensation any question arises which quarter sessions con-
sider can be more conveniently determined by the county
court, they may refer that question to the county court
in accordance with rules (n) of court to be made for the
purpose.
(4) Any costs incurred by the Commissioners of Inland
Revenue on an appeal from their decision to the High
Court under this section shall, unless the High Court
order those costs to be paid by some party to the appeal
other than the commissioners, be paid out of the amount
to be paid as compensation (o).
(a) " Quarter sessions " is defined in s. 9 (4), post. As to licensing
justices in county boroughs and in the city of London, exercising
the powers of quarter sessions, see s. 8 (2), (3).
(6) " Existing on license " is denned in s. 9 (4), post.
(c) Quarter sessions or the justices of a county borough may refuse a
renewal under this Act where a report has been made to them under
s. 1 by the justices of the licensing district or the borough licensing
committee as the case may be. This section does not apply where
quarter sessions are hearing an appeal from the refusal by licensing
justices of the renewal on any of the grounds mentioned in s. 1 (1),
of this Act.
(rf) This Act was passed on August 15th, 1904.
(e) The compensation awarded under this Act is to be assessed, as
the difference between the value of the premises when capable of
being used as licensed premises, and the value of the premises when
COMPENSATION. 21
made incapable of being so used by the license being taken away. gec^ 2.
In the value of the premises when capable of being used as licensed '_
premises must be included the amount of any depreciation of trade NOTE (e).
fixtures arising by reason of the refusal to renew the license. The
compensation is for loss of property including such depreciation of
trade fixtures, and personal considerations do not enter into con-
sideration. The Act proceeds on the lines that the extinction of the
license does not disqualify the person from following his trade, but
does disqualify the premises from being used for certain purposes
for which they must obviously be fitted, and thus reduces the value
of the property in which money has been invested on the faith that
it could be used for the particular business in question without
arbitrary interference. One special qualification is introduced, viz.,
that the value of the premises as licensed premises must be calcu-
lated in such a way as to exclude any possible alteration in value
which might be the result of a change in the law affected by this
Act. This is the object of the words " calculated as if the license
was subject to the same conditions of renewal as were applicable
immediately "before the passing of this Act."
In ascertaining the value, so as to fix the amount of compensation,
two matters should be considered, viz. : (1) The effect of the altera-
tion in the law as to the discretion of the justices ; and (2) the effect
of the introduction of what might be called a compulsory insurance
system. The consideration of the first should, in the case of an
ordinary license, involve little or no alteration in value. Under the
law before the present Act, the licensing justices had an absolute
discretion as to the renewal of licenses (other than ante-1869 beer-
houses), a discretion, however, winch was to be exercised in a
judicial manner (Sharpe v. Wakefield, [1891] A. C. 173 ; 55 J. P. 197 ;
60 L. J. M. C. 73 ; 64 L. T. 180 ; 37 W. R. 187), and which was
subject to revision by quarter sessions. Under this Act, quarter
sessions, or in the case of county boroughs and the city of London,
the whole body of licensing justices, will have an absolute discretion
as to any license on which the licensing justices (or licensing com-
mittee, as the case may be) will make a report subject to the amount
available for compensation. As far as the alteration of authority is
concerned, the position from the point of view of the risk to the
license will probably be the same in the future as it was before the
Act. The limit of the compensation money might be said to be in
favour of the license-holder's position. On the other hand, this
advantage may fairly be said to be balanced by the fact that the
right to compensation makes it easier to take away the license in a
case where hardship would be great if compensation were not avail-
able. In the case of an ordinary license, therefore, the change made
by this Act in respect to the powers of justices, may practically be
disregarded.
The position as regards ante-1869 beerhouses is different. Under
the Act, the justices will have the same discretion with regard to
22 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 2. these licenses, as they have with regard to ordinary licenses ; while,
— !_ ' under the law prior to this Act, the justices could only deal with
NOTE (e). these licenses on the four grounds mentioned in the Wine and Beer-
house Act, 1869, that is to say, on the basis of misconduct, or of
value. It is clear, therefore, that in the case of ante-1869 beerhouses,
the consideration -of the difference between the powers of the justices
under this Act, and their powers under the law prior to this Act
coming into operation, will involve a considerable addition to the
value of the licensed premises.
In connection with the second matter, viz., the consideration of
the effect which the right to compensation has on the value of the
premises, there are really two points to be considered : Firstly,
whether the amount of insurance charge is large or small in pro-
portion to the risk ; and, secondly, how far the fact that the risk has
to be compulsorily, instead of voluntarily, insured, adds to the value
of the property. On the first point, the value would be in no way
affected by the provisions of this Act as to compensation, if the
amount of charge is exactly commensurate wilh the risk. On the
second point, it is very difficult to decide whether, to take an
analagous case, a man would give a larger price for a house which
he was compelled to insure, than he would for a house on which
insurance was optional. At any rate, a very small percentage either
one way or the other would cover the difference in price which
would be the result of the provisions of this Act as to compensation.
Apart from any special consideration of the changes in law
affected by this Act, the two values to be ascertained will be deter-
mined according to the ordinary principles of valuation. The
valuation of premises not capable of being used as licensed pre-
mises does not involve any special consideration. The valuation of
premises when used as licensed premises does, no doubt, involve
special and difficult considerations ; but this is a valuation which,
after all, often has to be made in practice. One thing must be
remembered, that there can be no rule of thumb deduction for the
value of the license as compared with the value of the property
without the license, that is to say, for the difference between the
value of the premises as licensed premises and the value of the pre-
mises without the license, inasmuch as the value of the property
without the license depends entirely on how far the property is useful
for other purposes, a matter which varies in every case.
In making a valuation it is sometimes convenient to ascertain
what prices have been realised on sales of the property in question,
or of similar property similarly situated in the neighbourhood ; but
in the case of public-house property this is scarcely ever practicable,
and in any case care should be taken to ascertain that the amount
given at any actual sales which are taken as a guide to the value,
has not been affected by any special circumstances, or by any undue
inflation or depreciation of value.
If there are no actual sales which can be taken as a guide to the
value of the premises, that value can be fixed by taking some
COMPENSATION. 23
number of years' purchase of the yearly value, and the same con- Sect. 2.
sulerations may be applied for this purpose which are applicable to
the ascertainment of the rateable value for the purpose of the poor NOTE (e).
rate. The rules that determine the annual rateable value of licensed
premises are now made fairly clear by the decisions of the Courts.
The effect of those decisions is that you have to find out how much
the tenant would give for the house. The rent actually paid is the
natural criterion (BLACKBURN, J., in Mersey Docks v. Livei-pool (1873),
L. R. 9 Q. B., p. 96). But in the case of licensed premises there are
very few cases in which it can be so taken. The great majority of
licensed premises are tied houses, and in the case of tied houses the
amount which a man pays as rent depends, not so much on the
value of the premises as on the nature of the contract entered into
between him and the brewer (Sunderland Overseers v. Sunderland
Union (1865), 18 C. B. (N.S.) 531 ; 34 L. J. M. C. 121 ; 30 L. T. 239.
See also Allison v. Monkwearmouth Shore Overseers (1854), 4 E. & B.
13 ; 23 L. J. M. C. 177).
The next criterion to be considered is whether you can judge
of the value of the house from a comparison with what is given by
free tenants of actual houses similarly situated to the one in
question (Dodds v. South Shields Union Assessment Committee, [1895]
2 Q. B. 64 ; L. J. M. C. 508 ; 59 J. P. 452 ; 72 L. T. 645 ; 43 W. R.
532 ; 14 R. 422 ; Clarke v. Fisherton Angar (1880), 6 Q. B. D. 139 ;
50 L. J. M. C. 33 ; 29 W. R. 334 ; 45 J. P. 358). But this is not a
criterion which actual facts always allow. Nor can the actual
amount of profits made be taken in all cases as a criterion of value,
inasmuch as the amount of profits depends not only on the value of
the premises, but also on personal considerations (BLACK.BDKN, J.,
in Mersey Docks \: Liverpool, supra ; Cartwriyht v. Sculcoates Union,
[1900] A. C. 150 ; 64 J. P. 229 ; 69 L. J. Q. B. 403 ; 48 W. R. 394 ;
82 L. T. 157).
In the majority of cases, therefore, you have to find out what the
tenant is likely to give for the house from the actual circumstances
of the house itself, and the best evidence which can be given of
this is the amount of business which the tenant of the house is
actually doing (Cartwright v. Sculcoates Union, supra). This being
ascertained, what may be called the personal element has to be
eliminated, and for that purpose any special circumstances connected
•with the tenant which are either detracting from or adding to the
amount of business done by the house must be considered, and the
proper deduction or addition made.
In this way the normal amount of business which is capable of
being done by the house may be ascertained, and having ascertained
it, it is not difficult to fix the amount which the tenant would give
for the house. When this amount has been fixed, the fixing of the
capital value is a matter of applying a certain number of years'
purchase. This number of years' purchase ought to be uniform in
most cases if regard is paid to the proper principles in fixing the
amount which the tenant would give for the house.
24 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 2. Some general results, therefore, seem to follow. In the first
place, the amount of compensation will not be commensurate with
NOTE (e). the amount of profits made from a house for two reasons : (1) The
amount of profits may depend on personal and accidental considera-
tions which do not affect the value of the licensed premises ; (2) The
house may be just as valuable for some other purpose as it is for
licensed premises, and, in that case, the loss to the persons interested
in the premises is very small. For instance, the compensation pay-
able in the case of a house not doing a very large trade, but quite
useless for other purposes, would possibly be larger than the com-
pensation payable in the case of a house doing considerable trade,
but so situated as to command a high rent for other purposes
besides a public-house.
Another result which follows from the basis of compensation laid
down is that the risk of a house having its license taken away for
redundancy or any other ground than the grounds mentioned in
s. 1 (1), must be taken into consideration in estimating the value.
This is the effect of the words " calculated as if the license was
subject to the same conditions of renewal as were applicable imme-
diately before the passing of this Act." It is clear that the risk of
a license being taken away is a consideration which should have
been considered by any person investing his money in licensed
premises, and it follows that the amount of compensation payable
in respect of a house in the case of which there was considerable
risk of the license being taken away would not be the same as that
payable in the case of a house where the risk of the license being
taken away was not so apparent.
(/) As to the "persons interested in the licensed premises," see
note (s) to s. 1 (2), supra.
(g) The persons interested in the licensed premises, and who are
to share in the compensation, are the persons " appearing " to
quarter sessions to be interested. Quarter sessions, or rather their
committee (see s. 5 (2), post), will thus have to determine who are
interested. See, further, note (s) to s. 1 (2), supra.
(h) Quarter sessions have no power to fix the amount, but if an
amount is agreed upon by the persons interested in the premises,
quarter sessions, or rather the committee of quarter sessions (see
s. 5 (2) ), may approve that amount. In default of such agreement
and approval, the amount shall be determined by the Commissioners
of Inland Revenue. In simple cases the committee of quarter
sessions may easily satisfy themselves that the amount agreed upon
is not excessive, but where the case is at all complicated, or where
the committee cannot be satisfied without employing valuers, etc.,
recourse must in practice be had to the Inland Revenue Commis-
sioners.
(i) This provision for an appeal to the High Court would seem to
exclude an appeal to the county court in cases where the amount
COMPENSATION FIXED BY INLAND REVENUE. 25
involved does not exceed £10,000, as provided by the Finance Act, Sect. 2
1894 (57 & 58 Viet, c. 30), s. 10 (5).
(k) As to the basis of valuation, see note (e), supra. NOTE (»').
The section only brings in estate duty so far as it directs the com-
missioners in determining the amount of compensation on that basis
to determine in the same manner and with the like appeal as on the
valuation of an estate for the purposes of estate duty. This, of course,
does not incorporate the practice of commissioners, such as it was in
the valuation of licensed property. It only brings in their general
practice in estimating, not a license, but an estate generally for the
purpose of an estate duty ; that is to say, they will follow their
ordinary procedure, which they have to follow under the Finance
Act, 1894. The effect is, that the procedure will be administrative,
and not judicial ; and this would appear to be the main object of
bringing the commissioners in as the persons who are to determine
the value. The Act avoids the necessity of any arbitrations or
strictly judicial proceedings in the early stages of the assessment of
compensation. If judicial proceedings become necessary, oppor-
tunity is afforded for them by the appeal to the High Court. The
appeal from the assessment by the Inland Revenue Commissioners
of compensation, will be the same as an appeal from the assessment of
estate duty. This is governed by s. 10 of the Finance Act, 1894.
It is an appeal on the whole question, not merely on the question of
law, and the High Court would have power themselves to fix the
amount of compensation, and to substitute the amount so fixed for
that fixed by the commissioners.
By s. 10 of the Finance Act, 1894 (57 & 58 Viet, c. 30), (1) "any
person aggrieved by the decision of the commissioners with respect
to the repayment of any excess of duty paid, or by the amount
of duty claimed by the commissioners, whether on the ground of
the value of any property or the rate charged or otherwise, may,
on payment of, or giving security . . . for, the duty claimed
by the commissioners or such portion of it as is then payable by
him, appeal to the High Court within the time and in the manner
and on the conditions directed by rules of court, and the amount
of duty shall be determined by the High Court, and if the duty as
determined is less than that paid to the commissioners, the excess
shall be repaid."
The rules regulating appeals to the High Court appear in the
Appendix, post, p. 71.
(2) " No appeal shall be allowed from any order, direction, deter-
mination, or decision of the High Court in any appeal under this
section except with the leave of the High Court or Court of Appeal."
(3) " The costs of the appeal shall be in the discretion or the
court . . ."
(I) The object of these words " notwithstanding an agreement to
the contrary" is to prevent a license-holder contracting himself out
of the benefits conferred on him under this section.
26 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 2. By the Tithe Act, 1891 (53 & 54 Viet. c. 8),s. 1 (1) : " Tithe rent-
charge . . . issuing out of any lands shall be payable by the owner
NOTE (k). of the lands, notwithstanding any contract between him and the
occupier of such lands, and any contract made between an occupier
and owner of lands, after the passing of this Act, for the payment of
the tithe rentcharge by the occupier shall be void." Where, by an
agreement of a lease of a farm, the tenant agreed to pay the yearly
rent of £235, and " also by way of further rent so much as the
landlord shall pay for tithe rentcharge on the said premises," it
was held by CHANNELL, J., that the above clause in the agreement
was void under s. 1 (1) of the Tithe Act, 1891 (Ludlow v. Pike
(1904), 20 T. L. K. 276).
(m) The amount to be paid to the license-holder is here marked,
and will not be in addition to the compensation, but will be taken
out of the amount of compensation, at the expense of other persons
interested in the premises. This will in general be at the expense
of the brewer.
(ri) These rules have not yet been issued (August, 1904).
(d) The costs of an appeal to the High Court under the Finance
Act, 1894, are in the discretion of the court. See Finance Act, 1894,
s. 10 (3), supra, note (k). Failing an order of the High Court as to
the commissioners' costs, they will be paid out of the amount of
compensation awarded in the case under appeal.
3. Financial provisions.] (1) Quarter sessions (a) shall,
in each year, unless they certify to the Secretary of State
that it is unnecessary to do so in any year, for the pur-
poses of this Act impose in respect of all existing on
licenses (6) renewed in respect of premises within their
area (c), charges at rates not exceeding, and graduated in
the same proportion as, the rates shown in the scale of
maximum charges set out in the First Schedule (d) to this
Act.
(2) Charges payable under this section in respect of any
license shall be levied and paid together with and as part
of the duties on the corresponding excise license (e), but
a separate account shall be kept by the Commissioners of
Inland Revenue of the amount produced by those charges
in the area (c) of any quarter sessions, and that amount
FINANCIAL PROVISIONS. 27
shall in each year he paid over to that quarter sessions in Sect. 3.
accordance with rulesf(/) made by the Treasury for the
purpose.
(3) Such deductions from rent as are set out in the
Second Schedule (#) to this Act may, notwithstanding any
agreement to the contrary (/O? °e made by any license-
holder who pays a charge under this section, and also by
any person from whose rent a deduction is made in respect
of the payment of such a charge.
(4) Any sums paid under this Act to quarter sessions
in respect of the charges under this section, or received by
quarter sessions from any other source for ,the payment
of compensation under this Act, shall be paid by them to
a separate account under their management, and the
moneys standing to the credit of that account shall
constitute the compensation fund (z).
(5) Any expenses incurred by quarter sessions in the
payment of compensation under this Act, or otherwise in
the exercise of their powers or the performance of their
duties under this Act, and such expenses of the justices of
the licensing district incurred under this Act as quarter
sessions may allow (/k), shall be paid out of the compen-
sation fund, and quarter sessions, in the exercise of their
powers under this Act, shall have regard to the funds avail-
able for the purpose (I*).
Quarter sessions may, with the consent of a Secretary
of State, borrow in accordance with rules (m) made under
this Act, on the security of the compensation fund, for the
purpose of paying any compensation payable under this
Act(n).
(a) See note (a) to s. 2 (1) as to " quarter sessions."
This section establishes a compensation fund, and provides for
contributions for that fund. It is the duty of quarter sessions to
raise money for the compensation fund in every year, unless in any
28 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 3. year ^ey certify to the Home Secretary that it is unnecessary to do
' so. The maximum amount to be raised by contribution is fixed by
NOTE (a). Sched. I. The limit of the amount of compensation must be looked
upon as part of the main principle of this Act. The amount avail-
able is in every case considerable. The total amount available in
England and Wales on the assumption that the maximum charges are
raised in every place is, according to a House of Commons Return
(dated June 2nd, 1904), £1,209,572 13s. 4rf.
Schedule II. fixes the contributions, the incidence being divided
according to the supposed interest of the landlord and tenant in the
premises. The tenant does not pay anything towards the contribu-
tion, unless he has a greater interest than that of a yearly tenant.
See sub-s. (3).
(6) The expression " existing on license " is defined by s. 9 (4).
(c) The area of quarter sessions for a county includes, for the
purpose of this Act, any borough not being a county borough, or any
part thereof which is locally situated in that county (s. 8 (1) ). The
Act applies to a county borough as if it were a county, and substi-
tutes for quarter sessions the whole body of justices acting in and
for the borough (ibid., sub-s. (2)). The city of London, for the
purposes of this Act, is to be deemed a county borough (ibid.,
sub-s. (3) ).
(d) This schedule appears post, p. 50.
(e) The duties on excise licenses are payable when the licenses are
taken out, that is, generally speaking, when the previous licenses
expire. This may be October 10th, April 1st, or July 5th or llth.
(/) The rules made under this sub-section are not yet issued
(August, 1904).
(g) This schedule appears post, p. 51.
(h) The object of these words "notwithstanding any agreement
to the contrary " is to prevent the parties contracting themselves
out of their respective benefits conferred on them under this section.
Cf. Ludlow v. Pike, in note (I) to s. 2, supra.
(i) This fund will be made up of (1) the graduated charges on
licenses, according to their annual value "to be taken as for the
publican's license duty," and (2) any sum received from quarter
sessions from any other source for the payment of compensation. The
only source, under this Act, from which payment into the com-
pensation fund may come, is the charges made under this section.
There is no other source at present available.
The items payable out of the compensation fund under this Act
are :
(1) Compensation to persons interested in premises, the license of
which has been taken away under this Act (s. 2 (1) ).
(2) Expenses of quarter sessions (s. 3 (5)), including officers
employed (s. 6 (d) ).
NEW LICENSES. 29
(3) The expenses of licensing justices, as allowed by quarter gect. 3.
sessions (ibid.).
(4) Costs of Commissioners of Inland Revenue (s. 2 (4) ). NOTE (i).
Rules may be issued by the Home Secretary under s. 6, post, to
regulate the management and application of the compensation fund
and the audit of accounts of quarter sessions.
The special payment for new licenses provided by s. 4, infra, is
dealt with by sub-s. (4) of that section.
(k) This includes the costs of justices appearing at quarter ses-
sions under s. 1 (2), supra, and any expenses to which they may
have been put in the exercise of their administrative functions
and in the preparation of their report to quarter sessions under
s. 1 (1).
The procedure under this Act before quarter sessions, not being
an appeal, licensing justices cannot rely on ss. 27 and 29 of the
Alehouse Act, 1828, or on s. 20 of the Licensing Act, 1902, for their
costs.
(I) The power of quarter sessions to award costs or expenses
payable under this sub-section is limited in amount by the various
claims made upon the compensation fund. The Secretary of State
may make rules to regulate the management and application of the
compensation fund. See s. 6, post.
(m) These rules have not yet been issued (August, 1904).
(ri) The time within which money borrowed under this Act is to
be replaced may not exceed fifteen years. See s. 6 (b). Rules may
be made by the Home Secretary to provide for the enforcement of
any security given for money borrowed, and for the time within
which the money borrowed may be replaced.
4. Provisions as to new licenses.] (1) The power of the
County Licensing Committee to confirm new licenses (a),
and any other power of that committee shall be transferred
to quarter sessions.
(2) The justices, on the grant of a new on license (6),
may attach to the grant of the license such conditions,
both as to the payments to be made and the tenure of the
license and as to any other matters, as they think proper
in the interests of the public (c) ; subject as follows :
(a) Such conditions shall in any case be attached as,
having regard to proper provision for suitable
30 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 4. premises and good management, the justices
think best adapted for securing to the public any
monopoly value which is represented by the
difference between the value which the premises
will bear, in the opinion of the justices, when
licensed, and the value of the same premises if
they were not licensed : Provided that, in
estimating the value as licensed premises of
hotels or other premises where the profits are
not wholly derived from the sale of intoxicating
liquor, no increased value arising from profits not
so derived shall be taken into consideration (d} :
(b) The amount of any payments imposed under con-
ditions attached in pursuance of this section
shall not exceed the amount thus required to
secure the monopoly value (<?).
(3) The justices may, if they think fit, instead of
granting a new on license (£>) as an annual license, grant
the license for a term not exceeding seven years (/), and
where a license is so granted for a term —
(a) Any application for a re-grant of the license on
the expiration of the term shall be treated as an
application for the grant of a new license (^), not
as an application for the renewal of a license, and
during the continuance of the term the license
shall not require renewal (7t) : and
(b) Any transfer (z) of the license shall, subject to any
conditions attached thereto on the grant (&),
have effect for the remainder of the term of the
license, and may be granted at a general annual
licensing meeting as well as at special sessions,
and any reference to special sessions in any
NEW LICENSES : CONFIRMING AUTHORITY. 31
enactment relating to transfers or protection Sect. 4.
orders (7) shall include a reference to the general
annual licensing meeting.
(4) The amount of any payments made in pursuance of
any conditions under this section shall be collected and
dealt with in the same manner as the duties on local
taxation licenses within the meaning of section twenty of
the Local Government Act, 1888 (m).
(5) A license granted for a term (n) under this section
may (without prejudice to any other provisions as to for-
feiture (o)) be forfeited (p), if any condition imposed
under this section is not complied with, by order of a
court of summary jurisdiction, made on complaint (^), or,
if the holder of the license is convicted of any offence
committed by him as such (?•), by the court by whom he
is convicted, but where a license is so forfeited the owner
of the licensed premises shall have all the rights con-
ferred on owners by section fifteen of the Licensing Act,
1874 0).
(6) On the confirmation of a new on license (£), the
confirming authority may (w), with the consent of the
justices authorised to grant the license, vary any con-
ditions attached to the license under the provisions of this
section (v).
(a) A " new license " means " a license for the sale of any intoxi-
cating liquor, granted at any general annual licensing meeting
in respect of premises in respect of which a similar license has not
theretofore been granted" (Licensing Act, 1874, s. 32). The provi-
sion in this section as to the confirming authority will apply to
off licenses in counties as well as to on licenses.
Before this Act, the confirming authority in counties was the
county licensing committee, appointed from among themselves by
justices in quarter sessions (Licensing Act, 1872, s. 37), and in.
boroughs the confirming authority was the whole body of borough
justices (ibid., s. 38). In the case of boroughs in which there were
not ten justices acting in and for such borough the confirming
32 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 4. authority was a joint committee, appointed partly by the borough
justices, and partly by the county licensing committee. And by
NOTE (a), s. 19 of the Licensing Act, 1902, application for the confirmation of
the grant of a license is not to be heard until twenty-one days at
least have expired since the date of the grant. Now, under this
section the power of the county licensing committee is transferred
to quarter sessions. In boroughs the confirming authority will
remain as before.
The provisional grant of the license must be confirmed by the
confirming authority (Licensing Act, 1874, s. 22), and the order for
the removal of the license from one part of the district to another
must also be confirmed (Licensing Act, 1872, s. 50). The con-
firming authority are bound, like the licensing justices, to hear all
competent objections, such as that there are too many licensed
houses, that the annual value of the premises is insufficient, that the
applicant is a person of bad character, etc. The only qualification
is that only sxich persons as appeared before the licensing justices
and opposed the grant of the new license, and no other person, are
entitled to appear and oppose the confirmation of the grant
(Licensing Act, 1872, s. 43). They do not stand towards the
licensing justices in the position of a court of appeal. They are
merely to go over the same ground, and exercise their independent
judgment on the same materials, or of such materials as the
applying and objecting parties place before them. They are not
bound merely to register the conclusion come to by the licensing
justices, and they may refuse to confirm the grant for sufficient
reasons (R. v. Mayor of York (1853), 1 E. & B. 558 ; 22 L. J. M. C.
73). The confirming authority may award such costs as they
shall deem just to the party who shall succeed in the proceedings
before them ; they have power to make rules as to proceedings to
be adopted for the confirmation of new licenses and the costs to be
incurred in any such proceedings, and the person by whom such
costs are to be paid (Licensing Act, 1872, s. 43).
If a license, granted without jurisdiction, is confirmed by them, a
writ of certiorari will lie to bring it up to be quashed (R. v. Man-
chester JJ., [1899] 1 Q. B. 541 ; 68 L. J. Q. B. 358 ; 63 J. P. 360 ;
47 W. R. 410 ; 8 L. T. 531 ; confirmed C. A., R. v. Sunderland JJ.,
[1901] 2 K. B. 257 ; 70 L. J. K. B. 946 ; 65 J. P. 598 ; 85 L. T. 183 ;
17 T. L. R. 551). To entitle a person to a certiorari, it is necessary
that he should have a real interest in the decision of the justices ;
and it has been held that a rival firm of brewers have such a real
interest (R. v. Groom, Exparte Cobbold, [1901] 2 K. B. 636 ; 65 J. P.
452 ; 49 W. R. 484 ; 84 L. T. 534 ; 17 T. L. R. 433). The rules
made regulating procedure before a confirming authority may be
objected to, if ultra vires (R. v. Bird, Ex parte Needes, [1898] 2 Q. B.
340 ; 62 J. P. 422 ; 79 L. T. 156 ; 67 L. J. Q. B. 618 ; 46 W. R. 528 ;
14 T. L. R. 484). In the exercise of their jurisdiction the discretion
of the confirming authority on the merits is absolute (R. v. Middlesex
NEW LICENSES : MONOPOLY VALUE. 33
Licensing Committee (1878), 42 J. P. 649 ; Re Annandale Licensing Sect 4
Committee (1873), 37 J. P. 85 ; E. v. Povmall (1890), 54 J. P. 438 ; — - '
63 L. T. 418 ; 62 L. J. M. C. 174 ; 6 T. L. R. 282). ' NOTE (a).
(6) See definition of on license in s. 9 (4) post. This Act confers
no power to attach conditions to the grant of a new off license.
(c) This provision is entirely a new departure. It was held in
E. v. Bowman, [1898] 1 Q. B. 663 ; 62 J. P. 374 ; 67 L. J. Q. B. 463 ;
78 L. T. 230 ; 14 T. L. B. 303, that the grant of a license on condi-
tion of a money payment was bad. It was not, however, an uncommon
practice for justices to make a memorandum on the license for their
future guidance as to the terms on which the licensee undertook to
carry on his business. Examples of this will be found in the quarter
sessions cases of Tate v. Newington JJ. (1901), 65 J. P. 296, and
Stevens v. Brentford Licensing JJ. (1901), 65 J. P. 345. Now justices,
on the grant of a new on license, may attach to the grant, such con-
ditions as they think proper in the interests of the public, both as to
the payment to be made, and the tenure of the license, and as to
any other matters. The limitation as to conditions being in the
interests of the public will prevent the justices imposing such condi-
tions as arose in E. v. Athay (1758), 2 Burr. 653, viz., that the
applicant must pay a debt to a third person.
The conditions to the grant of a new license are, " having regard
to proper provision for suitable premises and good management,"
subject to two provisions : (1) That the justices must make such
provisions as they can for securing to the public the monopoly
value, and (2) That they must not make the applicant pay for the
license more than the monopoly value.
Under sub-s. (6) of this section, the confirming authority have
power to vary any conditions placed on the grant of a new on license
by the licensing justices, but only with the consent of the licensing
justices.
(d) In calculating the monopoly value, similar considerations will
be taken into account, as in assessing the compensation under s. 2,
supra. That is to say, the monopoly value will be the difference
between the value which the premises will bear when licensed and
the value of the same premises if they were not licensed, taking into
account any expenditure there may be in respect of proper provision
for suitable premises and good management. In the case of hotels
or other premises where the profits are not wholly derived from the
sale of intoxicating liquor, any increased value arising otherwise
than from the sale of intoxicating liquor must be excluded.
A breach of any reasonable undertaking given to the justices on
the grant of the license will constitute a ground that the premises
have been ill-conducted (s. 9 (2), post).
(e) Having ascertained the amount of the monopoly value, the
justices have no power to impose, as a condition to be attached to the
grant of the license, the payment of a larger sum of money than the
monopoly value, ascertained in the manner laid down by sub-s. (2) (a).
L.A. D
34 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 4. (/) This is an entirely new departure. Formerly, licenses were
granted for one year only, and if not renewed they lapsed. Even in
NOTE (/). the case of a provisional grant under s. 22 of the Licensing Act, 1874,
such grant had to be renewed from year to year, as in other cases
(R. v. London County JJ. (1889), 24 Q. B. D 341 ; 54 J. P. 213 ; 59 L. J.
M. C. 71 ; 62 L. T. 458 ; 38 W. II. 269).
In fixing a number of years, which, in any case must not exceed
seven, justices will probably fix such a term as will enable the
licensee to get back any money he may have spent in building, alter-
ing, or reconstructing his premises qua licensed premises. The
license, although granted for a term of years, may be forfeited on
the breach of any condition attached to the grant of the license, or
on conviction of the holder of the license of any offence committed
by him as such, as well as on any ground on which the license
may be forfeited (sub-s. (5) of this section).
(g) On the expiration of the term for which the license was
granted, the premises can be no longer used as licensed premises,
unless a new license be obtained. If it is sought to obtain a new
license, all the notices for a new license must be given, and it will
be within the absolute discretion of the justices to refuse such
license, and if they grant it, to grant it upon such conditions as they
think fit ; and the grant will require fresh confirmation.
(h) It is the duty of every licensed person who holds an annual
license to apply annually for a renewal, and if he neglects to apply,
his license will expire (Lord ESHEK, M:R., in Sharpe v. Wakefield
(1888), 22 Q. B. D. 42 ; R. v. Newcastle JJ. (1887), 51 J. P. 244 ;
Carman v. St. Margaret's JJ. (1900), 64 J. P. 488). In the case,
however, of a license granted for a term not exceeding seven years,
no application for a renewal during the continuation of the term is
necessary. But, on the expiration of the term, the applicant will
not be entitled to apply for a renewal, but for a new license. One
consequence of this will be that the applicant will have no right of
appeal to quarter sessions or to claim compensation if his application
for a new license is refused. Or if his application is granted, the
justices may attach such conditions to the grant as are mentioned in
sub-s. (2), supra.
During the continuation of the term the applicant will not be
liable to pay the justices' clerk's fees usually paid on a license being
renewed at brewster sessions ; but the Excise license must be taken
out from year to year, and the proper duty paid thereou.
(i) See note to s. 9 (1).
(k) These are the conditions referred to in sub-s. (2), supra.
(I) A protection order, or temporary authority, is granted under
the Licensing Act, 1842 (5 & 6 Viet. c. 44), s. 1, and the Licensing
Act, 1902 (2 Edw. 7, c. 28), s. 15, at petty sessions, and usually holds
good until the next transfer sessions. The effect of this provision
will be that a protection order will hold good (if no transfer sessions
intervene) until the next annual licensing meeting, when an appli-
FORFEITURE OF LICENSE. 35
cation for a transfer is made. The sub-section does not authorise an Sect. 4.
application for a protection order to be made at the annual licensing
meeting. Note that this provision relates to "leased" licenses only. NOTE (/).
(m) These amounts will be levied by the Inland Revenue in
precisely the same manner as the " charges " under s. 3 (2), ante.
The proceeds of duties on local taxation licenses are paid to
county councils. By s. 20 of the Local Government Act, 1888
(51 & 52 Viet. c. 41), the Commissioners of Inland Revenue shall
from time to time, in such manner and under such regulations as the
Treasury from time to time prescribe, pay into the Bank of England
to the local taxation account as may be hxed by the regulations
such sums as may be ascertained in manner provided by the
regulations to be the proceeds of the duties collected by the commis-
sioners in each administrative county in England and Wales on
certain licenses (specified in Schedule I. to the Act). The amount
ascertained to have been collected in each county in respect of duties
on local taxation licenses shall from time to time be certified by the
Commissioners and paid under the direction of the Local Govern-
ment Board out of the local taxation account to the council of
such county. The commissioners may, if they think fit, vary such
certificate, but unless so varied their certificate shall be conclusive.
(n) This refers to sub-s. (3), under which a lease of a license may
be granted for a term not exceeding seven years.
(o) A license may be forfeited inter alia on a second or subse-
quent conviction of selling without a license (Licensing Act, 1872,
s. 3) ; on conviction for making internal communication between
licensed premises and house of public resort (ibid., s. 9) ; on
conviction for permitting premises to be a brothel (ibid., s. 15);
on conviction for harbouring thieves, etc. (Prevention of Crimes
Act, 1871 (34 & 35 Viet. c. 112), s. 10); on conviction for
holding seditious meetings (39 Geo. 3, c. 79, s. 14) ; on conviction
for felony, etc. (Licensing Act, 1874, s. 15) ; altering licensed premises
without consent (Licensing Act, 1902, s. 11 (2)).
(p) Where a lease of a license (that is, a license for a term of
years) is granted, it is obvious that there must be some provision for
forfeiting the license in the case of misconduct. This sub-section
provides two grounds under which a license may be forfeited, viz. :
(1) where a condition attached to the grant of the license has not
been complied with ; and (2) where the holder of a license has been
convicted of an offence committed by him as such holder. This, of
course, does not prevent the license from being forfeited on any
other ground provided by the Licensing Acts. See note (o), supra.
(q) Where a condition has not been complied with proceedings
may be taken before the local court of summary jurisdiction, and on
the breach of the condition being established, the court may forfeit
the license. It is open to anyone to make a complaint (Morden v.
Porter (1860), 7 C. B. (N.S.) 641). Breach of an undertaking given on
36 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 4. tne grant of a new license renewable annually or given on the renewal
constitutes misconduct which may justify the renewal being refused
NOTE (q). at the annual licensing meeting. See ss. 1,9 (2). The forfeiture of
a license for a term of years is made by a court of summary juris-
diction. An appeal to quarter sessions from an order of forfeiture
will lie under the Licensing Act, 1872, s. 52.
(r) That is, an offence committed by him as a licensed person.
The same expression, " committed by him as such," was used in s. 55
of the Licensing Act, 1872, now repealed, and is used in s. 9 (1) of
the Licensing Act, 1902. For offences that may be committed by a
licensed person " as such," see offences by licensed persons in table
of offences in Paterson's Licensing Acts (15th edit), by the present
editor, at p. Ixxxvii.
Instances of offences not committed by him as such are : Found
drunk on licensed premises under the Licensing Act, 1872, s. 12 ;
keeping the licensed premises for the purpose of exercising a lottery
(67 J. P. 52 ; Times, January 22nd, 1903), and other offences com-
mitted by him distinct from his business as a licensed person.
(s) Section 15 of the Licensing Act, 1874 (37 & 38 Viet. c. 49),
provides for the temporary continuance of licenses forfeited for
certain offences.
It enacts that " Where any licensed person is convicted for the first
time of any one of the following offences, —
"(1) Making an internal communication between his licensed
premises and any unlicensed premises ;
" (2) Forging a certificate under the Wine and Beerhouse Acts,
1869 and 1870 ;
" (3) Selling spirits without a spirit license ;
" (4) Any felony ;
" and in consequence either becomes personally disqualified or has
his license forfeited, there may be made by or on behalf of the owner
of the premises an application to a court of summary jurisdiction for
authority to carry on the same business on the same premises until
the next special sessions for licensing purposes, and a further appli-
cation to such next special sessions tor the grant of a license in
respect of such premises, and for this purpose the provisions contained
in the Intoxicating Liquor Licensing Act, 1828, with respect to the
grant of a temporary authority and to the grant of licenses at special
sessions shall apply as if the person convicted had been rendered
incapable of keeping an inn, and the person applying for such grant
was his assignee.
It has been held that the court of summary jurisdiction has an
absolute discretion as to granting or refusing a transfer license to
the owner when the license has been forfeited by a conviction (R. v.
Moore or Herts JJ. (1881), 7 Q. B. D. 542 ; 45 J. P. 768 ; 50 L. J.
M. C. 121). And the owner is equally entitled to appeal to quarter
sessions (R. v. West Riding JJ. (1883), 11 Q. B. D. 417 ; 52 L. J.
M. C. 99 ; 48 J. P. 149).
AREAS : COMMITTEES. 37
Where justices on a renewal have a limited discretion, as in the Sect. 4.
case of ante- 1869 beerhouses, the court of summary jurisdiction has,
on a forfeiture of the license, an absolute discretion as to granting a NOTE (s).
temporary authority to carry on the business under s. 15 of the Act
of 1874 (Tower JJ. v. Clutmbers (1904), 20 T. L. R. 784 ; overruling
Ex parte Flinn & Sons (No. 2), [1889] 2 Q. B. 607 ; 68 L. J. Q. B.
1025 ; 63 J. P. 740 ; 48 W. R. 29 ; 81 L. T. 22 ; 15 T. L. R. 532).
It was held in Stevens v. Green or Sharnbrook JJ. (1889), 23 Q. B. D.
143 ; 58 L. J. M. C. 167 ; 61 L. T. 240 ; 23 W. R. 605 ; 53 J. P. 423,
that where a licensed person had become personally disqualified, or
had his license forfeited, the owner of the premises could not apply
under the Alehouse Act, 1828, s. 14, for a renewal of the license, but
must apply under the Licensing Act, 1874, s. 15, for a new license,
and such application must be made to the next special sessions.
(t) It will be noticed that this sub-section does not apply to the
confirmation of off licenses.
(w) As to confirming authority, see note (a), ante.
(v) If the licensing justices refuse to vary any conditions, the
confirming authority may confirm the grant with the conditions as
proposed by the licensing justices, or if they disagree with the
conditions they may refuse to confirm, in which latter case it will be
tantamount to a refusal to grant a license.
£). Division of area and appointment of committees for
purposes of Act."] (1) Quarter sessions may, if they think
fit, divide their area into districts for the purposes of this
Act, and in that case this Act shall operate as if those
districts were separate areas for the purposes of this Act
under the same quarter sessions (a).
(2) Quarter sessions may delegate any of their powers
and duties under this Act to a committee appointed in
accordance with rules (&) made by them under this sec-
tion, and, except in a county borough, shall so delegate
their power of confirming the grant of a new license, and
of determining any question as to the refusal of the
renewal of a license under this Act and matters conse-
quential thereon (c), and county licensing committees
shall cease to be appointed under the Licensing Act,
1872 (d).
412712
38 LICENSING ACT, 1904 [4 Euw. 7, c. 23].
Sect. 5. (3) Quarter sessions (e) may make rules to be approved
by a Secretary of State, for the mode of appointment of
committees under this section, and for the number, the
quorum, and (so far as procedure is not otherwise provided
for) the procedure of those committees.
(4) The justices of a licensing district being a county
borough shall exercise their powers under the Licensing
Acts, 1828 to 1902 (/), as to the renewal of licenses (#)
through the borough licensing committee appointed under
section thirty-eight of the Licensing Act, 1872, and such
number as the whole body of justices acting in and for the
borough determine shall be substituted for seven as the
maximum number, and seven shall be substituted for three
as the minimum number, of that committee (7t).
(5) The justices of any borough, not being a county
borough but having a separate commission of the peace,
shall be entitled to appoint one of their number to act,
with reference to the determination of any question as to
the refusal of the renewal of a license under this Act and
any matters consequential thereon, on the committee
appointed under this section by quarter sessions, and for
those purposes any justice so appointed shall be deemed to
be an additional member of the committee (z).
(a) This sub-section is apparently intended to be used in cases
where the circumstances of an area call for special treatment. For
instance, there may be cases of areas within a county in which the
justices, by arrangement with brewers and other owners of licensed
property, and by means of the expenditure of large sums of money
on the part of brewers and other owners, have reduced licenses to a
proper standard, and it might be considered unfair that the brewers
and other owners should have to contribute in respect of their
houses in these areas towards the compensation to be paid to
the licensed houses in the rest of the county. Under this provision,
quarter sessions would be able to make these areas separate areas,
independent of the rest of the county.
(6) Quarter sessions may make rules to be approved by the
Secretary of State under sub-s. (3).
POWERS OF COMMITTEES. 39
(c) Quarter sessions are enabled, by this sub-section, to delegate Sect. 5.
any of their powers under the Act to a committee ; but two things
they must delegate, viz., their power to confirm the grant of a new NOTE (c).
license, and their power of determining any question as to the
refusal of the renewal of the license reported to them and matters
consequential thereon. Other questions, such as the separation of
an area for the purposes of the Act, or the question whether any
compensation money should be levied or not, may be delegated to a
committee or not, as quarter sessions think fit. In county boroughs,
or in the city of London, there will be the same power of delegating
to a committee, but it will not be obligatory to delegate their power
of confirming the grant of a new license, or determining any question
as to the refusal of the renewal of the license under this Act, aa in
the case of quarter sessions for the county.
The power of "determining any question as to the refusal of
the renewal of a license under this Act and matters consequential
thereon " which must be delegated to a committee, is a large power,
and would seem to include, inter alia, the power of consider ing reports
from licensing justices, consulting with the licensing justices thereon,
making inquiries, determining who are the persons interested in the
licensed premises, hearing persons interested in the premises or in
the renewal of the license (including the licensing justices) if
necessary, refusing the renewal, approving the amount of compen-
sation where the amount is agreed, and allocating the amount of
compensation to be paid among the persons interested.
(d) A county licensing committee was appointed under s. 37 of
the Licensing Act, 1872. The justices in quarter sessions assembled
annually appointed a committee from among themselves, or they
might appoint more than one such committee, and assign to such
committee such area of jurisdiction as they might think expedient.
County licensing committees will, of course, no longer be
appointed.
(e) As to quarter sessions, see s. 9 (4) ; also s. 8 (2), (3), post.
Amongst other things the rules will provide for the term of office of
members of committees.
(/) As to the Acts comprised in the short title "Licensing Acts
1828 to 1902," see note (a) to s. 10, post.
(g) This relates to the renewal of all licenses and is not restricted
to on licenses.
(h) By s. 38 of the Licensing Act, 1872, it is provided that in
every borough in which there were ten justices acting in and for
such borough, or upwards, the justices should annually, in the
fortnight preceding the commencement of the period during which
the general annual licensing meeting for the borough may be held,
appoint from among themselves, for the purposes of the Licensing
Act, 1872, a committee of not less than three, nor more than seven, of
their number ; but no justice should be appointed on such committee
40 LICENSING ACT, 1904 [4 EDW. 7, c. 23].
Sect. 5. unless he was qualified to act under the Act. Under this section
(sub-s. (4)), the licensing committee in county boroughs shall consist
NOTE (A), of not less than seven members, the maximum number being such
number as the whole body of justices acting in and for the borough
may determine. The justices disqualified under s. 60 of the
Licensing Act, 1872, will be disqualified from acting or voting in
the election of such a committee (Attorney-General v. TVillett (1896),
60 J. P. 643 ; 12 T. L. R. 494). Hitherto, the whole body of
licensing justices in a borough sat at brewster sessions to hear
applications for renewals of licenses. Now, these applications will
be heard in county boroughs by a committee appointed under this
sub-section. Should the committee determine to refuse renewal of
any license on any ground other than the grounds mentioned in
sub-s. (1) of s. 1, ante, they must report the matter, under
sub-s. (2) of s. 1, ante, to the whole body of the justices of the
borough. The whole body of justices in a county borough (and in
the city of London) take the place of quarter sessions, see s. 8 (2), (3),
post.
In non-county boroughs the reports of licensing justices will be
made to quarter sessions of the county.
Where county boroughs are created after the passing of this Act,
and moneys have been raised or borrowed for the purpose of com-
pensation under this Act, the matter will become one for adjustment
under the Local Government Act, 1888, s. 59.
(i) This sub-section meets any objection that might be raised to
the Act on the ground that while boroughs having a separate com-
mission of the peace were part of the county area, the justices of such
boroughs had no representation on the quarter sessions committee
which dealt with renewals of licenses reported under this Act.
The term of office of a member of the committee appointed under
this sub-section will probably be fixed by the rules made under
sub-s. (3).
6. Rules.~\ A Secretary of State may make rules for
carrying into effect this Act, and may by those rules
amongst other things —
(a) provide for the provisional renewal of licenses
which are included in reports of the justices of a
licensing district under this Act, and for consul-
tation with those justices as to their reports, and
for the time and manner of the consideration
of those reports and of the payment of compen-
sation : and
KETURNS : AUTHORITIES AND AREAS. 41
(b) provide for the enforcement of any security given Sect. 6-
for money borrowed, and for the time, not exceed- ,
ing fifteen years, within which money borrowed
is to be replaced ; and
(c) regulate the management and application of the
compensation fund and the audit of the accounts
of quarter sessions ; and
(d) provide for constituting, where requisite, committees
of quarter sessions standing committees, and for
the employment of officers for the purposes of this
Act ; and
(e) regulate the procedure of quarter sessions on the
consideration of the reports of justices of a
licensing district under this Act and on any hear-
ing under this Act with reference to the refusal
of the renewal of on licenses or the approval
or division of the amount to be paid as compen-
sation ; and
(f ) provide for the authentication of any documents on
behalf of quarter sessions or their committees.
Kules under this section have not yet been issued (August, 1904).
7. Returns to Secretary of State.~\ Quarter sessions,
with respect to their own action and that of the justices of
licensing districts under this Act, and the confirming
authority, with respect to new licenses granted under this
Act, shall in each year make such returns to the Secretary
of State as the Secretary of State may require (a).
(a) By virtue of s. 8 (2) (3) licensing justices of county boroughs
and of the city of London will also have to make these returns.
8. Authorities and areas.~] (1) The area of quarter
sessions for a county shall for the purposes of this Act
42 LICENSING ACT, 1904 [4 EDW. 7. c. 23].
Sect. 8. include any borough (not being a county borough) or any
part thereof which is locally situated in that county (a).
(2) This Act shall apply to a county borough as if it
were a county, with the substitution for quarter sessions
of the whole body of justices acting in and for the
borough (It).
(3) The City of London for the purposes of this Act
shall be deemed to be a county borough (c).
(a) Licensing appeals from borough justices went to the quarter
sessions for the county (R. v. Reading JJ. (1841), 2 Q. B. 96 ; R. v.
Bristol Recorder (1854), 24 L. J. M. C. 43). There is no alteration
made in this respect, so far as non-county boroughs are concerned.
Appeals from refusals under s. 1 (1) of this Act (including appeals
from county boroughs) will go to the quarter sessions for the county,
and reports from licensing justices (other than from non-county
boroughs and the city of London) under s. 1 (2) will also go to the
quarter sessions for the county.
Appeals against the refusal of licenses on any of the grounds
mentioned in s. 1 (1) in any county borough will go to the quarter
sessions for the county ; while reports from the licensing committee
of justices in county boroughs will go, not to the quarter sessions,
but to the whole body of licensing justices in the county borough.
(b) The whole body of licensing justices of a county borough will
take the place of quarter sessions under this Act ; they will therefore
receive the reports from the licensing committee appointed under
8. 5 (4), ante, and may refuse to renew any case reported to them on
payment of compensation to the persons interested in the licensed
premises.
A list of county boroughs appears in the Appendix, post.
(c) The city of London is not a county borough, but it is to be
treated as one for the purposes of this Act. (Cf. KAY, L.J., in Green v.
Marsh, [1892] 2 Q. B. at p. 335.)
9. Application of Act to special cases, and interpre-
tation."] (1) The provisions of this Act shall apply to the
transfer of an existing on license (a) as they apply to the
renewal of an existing on license, with the substitution of
transfer for renewal (6).
DEFINITIONS. 43
(2) If the justices of a licensing district refuse to Sect. 9.
renew an existing on license on the ground that the
holder of the license has persistently and unreasonably
refused to supply suitable refreshment (other than in-
toxicating liquor) at a reasonable price (c), or on the
ground that the holder of the license has failed to fulfil
any reasonable undertaking given to the justices on the
grant or renewal of the license (d), the justices shall be
deemed to have refused the license on the ground that the
premises had been ill-conducted (e) :
Provided that where the justices, on an application for
the renewal of an existing on license, ask the license-
holder to give an undertaking as aforesaid (d), they shall
adjourn the hearing of the application (/), and cause
notice of the required undertaking to be served upon the
registered owner (g) of the premises, and give him an
opportunity of being heard.
(3) Section nineteen of the Wine and Beerhouse Act,
1869, and section seven of the Wine and Beerhouse
Amendment Act, 1870, are hereby repealed, and, in the
application of this Act to licenses to which the said section
nineteen extends (/i), the grounds mentioned in section
eight of the Wine and Beerhouse Act, 1869 (?'), shall be
substituted for the grounds mentioned in this Act(&) as
the grounds on which the power to refuse the renewal of
an existing on license (/) is reserved to the justices of a
licensing district (in).
(4) In this Act-
The expression " county " includes any riding, part, or
division of a county having a separate commission of
the peace and a separate court of quarter sessions ;
and
44 LICENSING ACT, 1904 [4 EDW. 7, c, 23].
Sect. 9. The expression " quarter sessions " means, as respects
a county, the court of quarter sessions for that
county :
Provided that, where quarter sessions have
customarily been held separately by adjournment
or otherwise for any part of a county as defined
by this Act, the Secretary of State may by order,
on the application of the justices sitting at each
such separate sessions, constitute for the purposes
of this Act any part of the county for which
quarter sessions are for the time being so separately
held a separate county, and the justices usually
sitting at such separate quarter sessions a separate
quarter sessions, and make all necessary provisions
for the administration of the Act in such a
case («) :
The expression " on license " means a license for the
sale of any intoxicating liquor (other than wine alone
or sweets alone) for consumption on the premises,
and the expression " new on license " shall be con-
strued accordingly ; and the expression " existing
on license " means an on license in force at the date
of the passing of this Act (o), and includes a license
granted by way of renewal from time to time of a
license so in force, whether such license continues to
be held by the same person, or has been or may be
transferred to any other person or persons :
Provided that, where a provisional grant and
order of confirmation of an on license has been
made before the passing of this Act under section
twenty-two of the Licensing Act, 187-4, and is
subsequently declared to be final under that section,
the license shall, although not in force at the date
TRANSFERS. 45
of the passing of this Act (<?), be deemed to be an Sect. 9.
existing on license :
The expression " transfer " (U) means a transfer under
section four or section fourteen of the Alehouse Act,
1828 O).
(a) As to " existing on license," see sub-s. (4) of this section.
(b) The transfer of a license from one person to another is granted
pursuant to ss. 4, 14 of the Alehouse Act, 1828, post.
The notice for the transfer must be signed by the applicant or his
authorised agent, and must set forth the name of the person to whom
it is intended the license shall be transferred, together with his place
of residence and his trade or calling during the six months preceding
the time of serving such notice (Licensing Act, 1872, s. 40 (2) ;
Licensing Act, 1902, s. 16 (3) ). Fourteen days prior to the special
sessions at which the application for transfer is to be made, the
applicant must serve a notice on the overseers and the superinten-
dent of police for the district (Licensing Act, 1872, s. 40 (2)).
Hitherto applications for transfers have only been heard at special
transfer sessions held pursuant to s. 4 of the Alehouse Act, 1828.
But s. 4 (3) (b), ante, p. 30, empowers the general licensing meeting,
as well as special sessions, to grant a transfer of a license which has
been granted for a term of years.
The general rule hitherto has been that justices had the same
discretion, but not more, as to the grant of a transfer from one person
to another as they had as to the renewals (CocKBURN, C.J., in R. v.
Smith (1878), 42 J. P. 295 ; Lord COLERIDGE, C.J., in Boodle v.
Birmingham JJ. (1881), 45 J. P. 636 ; CHARLES, J., in Traynor v.
Jones, [1894] 1 Q. B. p. 56). But this Act introduces considerable
modifications on this rule. In the case of a license granted for a
term of years, licensing justices, apparently, have no power to refuse
the transfer, if the character of the applicant is satisfactory and he is
a " fit and proper " person to hold a license. And in the case of
ordinary publicans' full on license they may refuse a transfer on the
grounds mentioned in s. 1 (1), supra. If licensing justices wish to
take away a license on the ground of redundancy or other similar
ground when application is made to them for a transfer, they must
report thereon to quarter sessions under s. 1 (2), ante, p. 9, who
may thereupon take away the license on payment of compensation.
In the case of a county borough, applications for transfer of on
licenses will apparently be heard through the borough licensing
committee in the same way as renewals. See s. 5 (4), ante.
No notice of opposition is required to be given in the case of a
transfer.
It would appear that this sub-section applies to the case of a
transfer from one house to another as well as from one person to
46 LICENSING ACT, 1903 [4 EDW. 7, c. 23].
Sect. 9. another : so that where an application is made under s. 14 of the
Alehouse Act, 1828, post, for the transfer of the license from one
NOTE (6). house to another, it would appear that it could not he refused
without compensation save on one or more of the grounds mentioned
in s. 1 (1), ante.
(c) At common law, if a man keeps an inn, that is, a house of
entertainment for man and beast, or, rather, for travellers, he is
bound, if he has accommodation, to receive and procure food for the
traveller, and may be indicted or become liable to an action if he
refuses to receive the traveller when he has accommodation, and
can make no reasonable objection.
An inn has been variously described. It is a place " instituted
for passengers and wayfaring men " (Cayle's Case, 8 Co. Rep. 32 ;
1 Smith's Leading Cases (10th ed.), 115). An inn is "a house
where a traveller is furnished with everything he has occasion for,
while on his way " (BAYLEY, J., in Thompson v. Lacey (1820), 3 B. &
Aid. 283). An inn is " a house, the owner of which holds out that
he will receive all travellers who are willing to pay a price
adequate to the sort of accommodation required, and who come in a
situation in which they are fit to be received " (BEST, J., ibid.).
" An innkeeper is not to select his guests. He has no right to say
to one, ' You shall come into my inn,' and to another, ' You shall
not,' as everyone coming, and conducting himself in a proper
manner, has a right to be received. And for this purpose, inn-
keepers are a sort of public servants, they having in return a kind
of privilege of entertaining travellers and supplying them with
what they want " (COLEKIDGE, J., in R. v. Ivens (1835), 7 C. & P.
213). See further R. v. Sprague (1899), 63 J. P. 233 ; R. v. Smith
(1901), 65 J. P. 521 ; Browne v. Brandt, [1902] 1 K. B. 696.
But in the case of an ordinary public-house or drink shop there is
no obligation at common law for the licensed person to sell liquor
to anvone. In such a place " no one has a right to insist on being
served, any more than in any other shop " (KELLY, C.B., in R. v.
Rymer (1887), 2 Q. B. D., p. 140).
This sub-section, however, places an obligation upon the holder
of any on license (other than an ante-1869 beerhouse) as defined
by this Act to supply suitable refreshment (other than intoxi-
cating liquor), at a reasonable price, to any person ; otherwise the
renewal or transfer of the license may be refused. It does not
render the holder of a license of an ordinary public-house or
drink shop, as distinct from an inn, liable to be indicted
for not supplying refreshment, or to an action, but his
refusal will place his license in jeopardy. Doubtless a license-
holder would be justified in refusing to supply a person who came
to the licensed premises drunk, or who behaved in an indecent or
improper manner (R. v. Ivens, supra), or who came accompanied by
a dog, which " might cause alarm or annoyance " to other guests
MISCONDUCT : NOTICES. 47
(R. v. Rymer (1877), 2 Q. B. D. 136 ; 46 L. J. M. C. 108 ; 41 J. P. Sect 9
199 ; 25 W. R. 415).
To constitute misconduct under this sub-section the refusal must NOTE (c).
be persistent and unreasonable, which would seem to indicate that
there must be a refusal not limited to one occasion. In Broad v.
Broad (1898), 78 L. T. 687, Sir FRANCIS JEUNE and BARNES, J.,
were of the opinion that acts of persistent cruelty under the Sum-
mary Jurisdiction (Married Women) Act, 1895, might all take
place in one day. But query if this ruling would apply to a case
under this sub-section.
The application for "suitable refreshment" must be made at a
reasonable time.
(d) The licensing justices have thus the power of requiring the
applicant for the grant of the renewal of the license to enter into
some reasonable undertaking. If, in the case of renewal, the
applicant refuses to submit to the conditions, and refuses to accept
the license with the conditions, he may appeal to quarter sessions,
under the Alehouse Act, 1828, ss. 27 and 29. If his appeal is
unsuccessful, he will have to take the license with the conditions,
or discontinue selling under the license, in which case he will
be entitled to no compensation under this Act.
The breach of an undertaking which will amount to ill-conduct
within this sub-section will be an undertaking given to the justices
after the passing of this Act. The sub-section does not appear to
refer to any undertaking given before the passing of the Act. In
order to remove any doubt on the point, licensing justices at the
next brewster sessions should reimpose all existing conditions.
(e) This definition has reference to s. 1 (1), ante, p. 9, which
enables licensing justices to refuse, on the ground of misconduct,
the renewal, without payment of compensation. This sub-section
does not exhaust the definitions of misconduct ; it only describes
what shall be deemed misconduct in particular cases.
A license granted for a term of years under s. 4 (3), ante, may be
forfeited for breach of any condition attached to such license. See
8. 4 (5), ante.
(/) This adjourned hearing may take place on a day beyond the
month prescribed by s. 14 (1) of the Licensing Act, 1902, for holding
the adjourned hearing (Licensing Act, 1902 (2 Edw. 7, c. 28),
s. 14 (6). See also R. v. Bristol JJ. (1903), 67 J. P. 375).
(g) Under s. 36 of the Licensing Act, 1872, the owner of the
premises is entitled to be entered on the register of licenses. As to
who is entitled to be registered, see Licensing Act, 1874, s. 29, in
note (s) to s. 1, ante.
The notice referred to in this section may be served, and sent by
post, and until the contrary is proved, shall be deemed to have been
served, and received respectively, at the time when the letter con-
taining the same would be delivered in the ordinary course of post ;
48 LICENSING ACT, 1905 [4 EDW. 7, c. 23].
Sect. 9. anc* in- proving such service or sending, it shall be sufficient to prove
L ' that the letter containing such notice was prepaid, and properly
NoTE(0). addressed (Licensing Act, 1872 (35 & 36 Viet. c. 94), s. 70).
(h) The licenses to which s. 19 of the Wine and Beerhouse Act,
1869 (32 & 33 Viet. c. 27), extends are what are popularly known as
the cmte-1869 beerhouse licenses, namely, licenses which were on
May 1st, 1869, in force and have been renewed from time to time,
whether held by the same person or not, or have been or may be
transferred to any other person or persons, with respect to any house
or shop for the sale by retail therein of beer, cider, or wine to be
consumed on the premises (Wine and Beerhouse Act, 1869, s. 19 ;
Wine and Beerhouse Amendment Act, 1870, s. 7 ; Igoe v. Shann,
[1903] A. C. 320 ; 72 L. J. K. B. 693 ; 67 J. P. 333 ; 89 L. T. 105 ;
19 T. L. R. 598).
(i) The grounds mentioned in s. 8 of the Wine and Beerhouse
Act, 1869, are :
"(1) That the applicant has failed to produce satisfactory evidence
of good character :
"(2) That the house or shop in respect of which a license is
sought, or any adjacent house or shop owned or occupied
by the person applying for a license, is of a disorderly
character, or frequented by thieves, prostitutes, or persons
of bad character :
" (3) That the applicant having previously held a license for the
sale of wine, spirits, beer or cider, the same has been for-
feited for his misconduct, or that he has through misconduct
been at any time previously adjudged disqualified from
receiving any such license, or from selling any of the said
articles :
(4) That the applicant, or the house mrespect of which he applies,
is not duly qualified as by law is required."
(k) The " grounds mentioned in this Act " are the grounds set out
in s. 1 (1), ante.
(I) See definition in sub-s. (4) of this section.
(m) This sub-section deals with omfe-1869 beerhouses. The effect
of it is that the renewal of the license of ante-1869 beerhouses will
be subject to exactly the same conditions as the license of any other
house. On the other hand, if the license is taken away, on any ground
other than those mentioned in s. 8 of the Act of 1869 (see" note (i),
supra), compensation must be paid. Compensation will, therefore,
be payable in certain cases where ante-1869 licenses are taken away,
where it would not be payable in the case of other licenses. For
instance, compensation would be payable if an emte-1869 license is
taken away on the ground that the premises are structurally deficient.
(n) This proviso introduces a special provision as regards counties
where, although there is only one commission of the peace, quarter
sessions are held separately tor various divisions. This is especially
the case in Lancashire, Sussex, and Suffolk. The divisions folr
which separate quarter sessions are held can be ordered by the
CONSTRUCTION OF ACT. 49
Secretary of State to be treated as separate counties for the purposes Sect. 9.
of the Act.
(o) That is August 15th, 1904. No™ (n).
( p) Sections 4 and 14 of the Alehouse Act, 1828, are set out in
the Appendix.
10. Short title, construction, and commencement.]
(1) This Act may be cited as the Licensing Act, 1904,
and may be cited and shall be construed as one with the
Licensing Acts, 1828 to 1902 (a).
(2) This Act shall come into operation on the first day
of January nineteen hundred and five.
(3) This Act shall not extend to Scotland or Ireland.
(a) By the Short Titles Act, 1896 (56 & 57 Viet. c. 14), the
following Acts are known by the collective title of the Licensing
Acts, 1828 to 1886 : The Alehouse Act, 1828 (9 Geo. 4, c. 61) ;
the Beerhouse Act, 1830 (11 Geo. 4 & 1 Will. 4, c. 64); the
Beerhouse Act, 1834 (4 & 5 Will. 4, c. 85) ; the Beerhouse Act,
1840 (3 & 4 Viet. c. 61) ; the Licensing Act, 1842 (5 & 6 Viet. c. 44) ;
the Wine and Beerhouse Act, 1869 (32 & 33 Viet. c. 27) ; the Wine
and Beerhouse Act Amendment Act, 1870 (33 & 34 Viet. c. 29) ; the
Beerhouse Act, 1870 (33 & 34 Viet. c. Ill); the Licensing Act,
1872 (35 & 36 Viet. c. 94) ; the Licensing Act, 1874 (37 & 38 Viet,
c. 49) ; the Beer Dealers Retail Licenses Act, 1880 (43 Viet. c. 6),
(now repealed) ; the Sunday Closing (Wales) Act, 1881 (44 &
45 Viet. c. 61) ; the Beer Dealers Eetail Licenses (Amendment) Act,
1882 (45 & 46 Viet. c. 34) (now repealed) ; the Licensing (Evidence)
Act, 1884 (47 & 48 Viet. c. 29) ; and the Intoxicating Liquors (Sale
to Children) Act, 1886 (49 & 50 Viet. c. 56) (now repealed). The
Licensing Act, 1902 (2 Edw. 7, c. 28), is to be construed as one with
the Licensing Acts, 1828 to 1886. By virtue of s. 2 (2) of the Short
Titles Act, 1896, the Licensing Act, 1902, became included under
the title of Licensing Acts, 1828 to 1902. And, further, the effect
of this sub-section (s. 10 (1), and s. 2 of the Short Titles Act, 1896,
is to enable the Licensing Acts to be cited in future as the Licensing
Acts, 1828 to 1904.
The construction of this Act, with the Licensing Acts, incorporates
the necessary machinery for working it out. Where two or more
Acts are to be construed together, "we must construe every part of
each of them as if it had been one Act, unless there is some manifest
discrepancy, making it necessary to hold that the later Act has to
some extent modified something found in the earlier Act " (Lord
SELBORNE, L.C., in Canada Southern Bail. Co. v. International Bridge
Co. (1883), 8 App. Cas., p. 727).
50
LICENSING ACT, 1904 [4 EDW. 7, c. 23].
SCHEDULES.
SCHEDULE I. [Sections.
SCALE
OP MAXIMUM CHARGES. (Ante, p. 26.)
Annual Value of Premises to be taken as for the purpose of the
Publicans' License Duty.
Maximum
Rate of Charge.
& &
£ s. d.
Under 15
.....
100
15 and under 20
...
200
20 ., 25
300
25 „ 30
.....
400
30
40
....
600
40
50
......
10 0 0
50
100
......
15 0 0
100
200
......
20 0 0
200
300
.....
30 0 0
300
400
.....
40 0 0
400
500
.....
50 0 0
500
600 -
......
60 0 0
600
700
......
70 0 0
700
800
......
80 0 0
800 „
900 -
.
90 0 0
900 and over
....
100 0 0
The rate of charge in the case of an hotel or other premises to
which sub-section (4) of section forty-three of the Inland Revenue
Act, 1880 (a), applies shall be one-third of that charged in other cases,
and, in the case of any licensed premises which are certified by the
justices of the licensing district on the application of the holder of
the license to be used only as public gardens, picture galleries,
(a) By the Inland Revenue Act, 1880 (43 & 44 Viet. c. 20), a. 43 (4)—
" Where in the case of premises of the value of fifty pounds or upwards it
shall be proved to the satisfaction of the Commissioners that the premises
are structurally adapted for use as an inn or hotel for the reception of
guests and travellers desirous of dwelling therein, and are mainly so used,
the amount of duty to be paid on a license to retail spirits shall not exceed
twenty pounds : Provided that the relief under this sub-section shall not be
given in case any portion of the premises is set apart and used as an ordi-
nary public house for the sale and consumption therein of liquors, and the
annual value of such portion, in the opinion of the Commissioners, exceeds
twenty-five pounds."
SCALE OF DEDUCTIONS.
51
exhibitions, places of public or private entertainment, railway Sched- 1.
refreshment rooms, bonfi, fide restaurants or eating houses, or for
any other purpose to which the holding of a license is merely
auxiliary, such rate, not less than one-third of that charged in other
cases, as the justices think proper under the circumstances.
SCHEDULE II.
SCALE OP DEDUCTIONS.
[Section 3.
(Ante, p. 26.)
A person whose unexpired \ 1 year may deduct \ WQ . , ,
term does not exceed -/ a sum equal to-/luuPercent-ot 'barSe-
2 years
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Exceeds 25 but does not)
exceed /
30 35
30
35
40
45
50
55
40
45
50
55
60
82
76
70
65
60
55
50
45
41
37
33
29
25
23
21
19
17
15
14
13
12
11
10
7
6
5
4
3
2
1
But the amount deducted shall in no case exceed half the rent.
E 2
APPENDIX.
ALEHOUSE ACT, 1828.
(9 GEO. 4, c. 61.)
AN ACT to regulate the granting of Licenses to Keepers of Inns, Ale-
houses, and Victualling Houses in England. [15th July 1828.]
[1.] General licensing meetings to be held annually. — Time of holding
such meetings.'] 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 licenses 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 . . . ; and 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 licenses, 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.
2. Time and place of meeting how to be appointed. — Notice of meetings
to be given.] 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 oe
holden, requiring him, within five days next ensuing that on which
he shall have received such precept, to order the several petty
54 ALEHOUSE ACT, 1828 [9 GEO. 4, c. 61].
Appndx. 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 con-
spicuous place within their respective districts, a notice of the day,
hour, and place at which such meeting is appointed to be h olden,
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 license to sell excisable liquors by
retail, to be drunk or consumed on the premises, within their
respective districts, a copy of such notice.
The precept of the justices is now (except in London and the Metro-
politan Police district) directed to the justices' clerk (High Constables
Act, 1869 (32 & 33 Viet. c. 47)).
3. Adjournment of meetings.] 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 license : Provided neverthe-
less, 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. . . .
4. Special sessions for transferring licenses to be appointed.] The
justices assembled at the general annual licensing meeting in every
year, 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 persons 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 excisable liquors by retail, to be drunk or consumed
on the premises.
5. Notice to be given of the adjournment of the general annual
licensing meeting, and of the appointment of special sessions.] When-
ever the justices shall have ordered any such adjournment of the
general annual licensing meeting, or shall have appointed such
ALEHOUSE ACT, 1828 [9 GEO. 4, c. 61]. 55
special sessions as aforesaid, the day, hour, and place for holding Appndx.
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
§iven at the general annual licensing meeting, to be affixed on the
oor of the church or chapel, or on some other public and conspicuous
place, and to be served upon the same parties.
9. Questions respecting licenses to be determined, and licenses to be
signed, by the majority of justices at the meeting.] When (at any of the
meetings aforesaid) any question touching the granting, withholding,
or transferring any license, or the fitness of the person applying for
such license, or of the house intended to be kept by such person,
shall arise, such question shall be determined by the majority of
justices not disqualified who shall be present when such question
shall arise ; and every license granted under the authority of this
Act shall be signed by the majority of the justices not disqualified
who shall be present when such license shall be granted.
12. Any person hindered from attending any licensing meeting by
sickness may authorise another person to attend for him.] If any person
intending to apply at the general annual licensing meeting, or at
any adjournment thereof, or at any special session, for any license
to be granted under the authority of this Act, or for the transfer of
any such license, shall be hindered by sickness or infirmity, or by
any other reasonable cause, from attending in person at any such
meeting, it shall be lawful for the justices there assembled to grant
or transfer such license to such person so hindered from attending,
and to deliver the same to any person then present who shall be
duly authorised by the person so hindered from attending to receive
the same, proof being adduced to the satisfaction of such justices,
who are hereby empowered to examine upon oath into the matter of
such allegation, that such person is hindered from attending by
good and sufficient cause.
13. Duration of license.] Every license which shall be granted
under the authority of this Act . . . shall be in force . . .
from the fifth day of April . . . , after the granting thereof, for
one whole year thence respectively next ensuing, and no longer ; and
every license for the purposes aforesaid which shall be granted at
any other time or place . . . except as hereinafter excepted,
shall not entitle any person to obtain an excise license for selling
excisable liquors by retail to be drunk or consumed on the premises
of the person licensed, and shall be utterly void to all intents and
purposes.
56 ALEHOUSE ACT, 1828 [9 GEO. 4, c. 61].
Appndx. 14- Provision for transfer of license in case of death, bankruptcy,
change of occupancy, destruction of licensed premises, or other contin-
gency— Duration of license granted in event of such contingency —
Notices required.] If any person duly licensed under this Act .shall
(before the expiration of such license) die, or shall be by sickness or
other infirmity rendered incapable of keeping an inn, or shall become
bankrupt . . . ;
Or it' 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 license ;
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 license to continue to sell excisable liquors by retail, to be drunk
or consumed in such house ;
Or if any hoitse, 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 high-
ways 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 above-mentioned 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 to any new tenant or occupier of any house having so
become unoccupied,
Or to any person to whom such heirs, executors, admini-
strators, or assigns shall by sale or otherwise have bond
fide conveyed or otherwise made over his or their interest
in the occupation and keeping of such house,
A license 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 improve-
ment 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 license to sell excisable liquors by retail, to be drunk or
consumed therein :
ALEHOUSE ACT, 1828 [9 GEO. 4, c. 61]. 57
Provided always, that every such license shall continue in force Appndx.
only from the day on which it shall be granted until the fifth day
of April . . . then next ensuing : . . .
Provided also, that every person intending to apply, in any of the
above-mentioned cases, at any such special session, for a license to
sell excisable liquors by retail, to be drunk or consumed in a
house or premises thereunto belonging in which excisable liquors
shall not have been sold by retail, to be drunk or consumed on the
premises, by virtue of a license granted at the general annual
licensing meeting next before such special session, shall, on some
one Sunday within the six weeks next before such special session, at
some time between the hours of ten in the forenoon and of four in.
the afternoon, affix or cause to be affixed on the door of such house,
and on the door of the church or chapel of the parish or place in
which such house shall be situate, and where there shall be no
church or chapel on some other public and conspicuous place within
such parish or place, such and the like notice as is hereinbefore
directed to be affixed by every person intending to apply at the
feneral annual licensing meeting for a license to sell excisable liquors
y retail, to be drunk or consumed in a house not theretofore Kept
as an inn, and shall in like manner serve copies of the said notice
on one of the overseers of the poor and on one of the constables or
other peace officers of such parish or place.
15. Fees to be paid for licenses— Penalty for taking larger fees.] It
shall be lawful for the clerk of the justices, as well at the general
annual licensing meeting as also at any special session to be holden
under this Act, to demand and receive from every person to whom a
license shall be granted under this Act, for the trouble of such clerk,
and for all expenses connected therewith, the sums following and no
more ; videlicet, —
For the petty constable or other peace officer, for serving notices,
and for all other services hereby required of such petty con-
stable or other peace officer, the sum of one shilling ;
For the clerk of the justices, for the license, the sum of five
shillings ;
And for preparing the precepts to be directed to the high constable,
and notices to be delivered by the petty constable, as required
by this Act, the sum of one shilling and sixpence ;
And every such clerk who shall demand or receive from any
person for such respective fees in this behalf any greater sum
or anything of greater value than the sums hereinbefore specified,
being in the whole the sum of seven shillings and sixpence, shall
for every such offence, on conviction before one justice, forfeit
and pay the sum of five pounds.
58 ALEHOUSE ACT, 1828 [9 GEO. 4, c. 61].
Appndx. 27« Appeal may be made to the quarter sessions — Judgment of the
quarter sessions to be final.] Any person who shall think himself
aggrieved by any act of any justice done in or concerning the execu-
tion of this Act may appeal against such act to the next general or
quarter sessions of the peace holden for the county or place wherein
the cause of such complaint shall have arisen, unless such session
shall be holden within twelve days next after such act shall have
been done, and in that case to the next subsequent session holden as
aforesaid, and not afterwards, provided that such person shall give
to such justice notice in writing of his intention to appeal, and of the
cause and matter thereof, within five days next after such act shall
have been done, and seven days at the least before such session, and
shall within such five days enter into a recognizance, with, two
sufficient sureties, before a justice acting in and for such county or
place as aforesaid, conditioned to appear at the said session, and to
try such appeal, and to abide the judgment of the court thereupon,
and to pay such costs as shall be by the court awarded ;
And upon such notice being given, and such recognizance being
entered into, the justice before whom the same shall be entered into
shall liberate such person, if in custody for any offence in reference to
which the act intended to be appealed against shall have been done ;
And the court at such session shall hear and determine the matter
of such appeal, and shall make such order therein, with or without
costs, as to the said court shall seem meet ;
And in case the act appealed against shall be the refusal to grant
or to transfer any license, and the judgment under which such act
was done be reversed, it shall be lawful for the said court to grant
or to transfer such license in the same manner as if such license had
been granted at the general annual licensing meeting, or had been
transferred at a special session, and the judgment of the said court
shall be final and conclusive to all intents and purposes ;
And in case of the dismissal of such appeal or of the affirmance of
the judgment on which such act was done and which was appealed
against, the said court shall adjudge and order the said judgment to
be carried into execution, and costs awarded to be paid, and shall, if
necessary, issue process for enforcing such order :
Provided that no justice shall act in the hearing or determination
of any appeal to the general or quarter sessions as aforesaid from any
act done by him in or concerning the execution of this Act :
Provided also, that when any cause of complaint shall have arisen
within any liberty, county of a city, county of a town, city, or town
corporate, it shall be lawful for the person who shall think himself
so as aforesaid aggrieved to appeal against any such act as aforesaid,
if he shall think fit, to the quarter sessions of the county within or
adjoining to which such liberty or place shall be situate, subject to
all the provisions hereinbefore contained.
28. Justices to bind parties to appear to give evidence at quarter
sessions.] When any person shall have given notice of his intention
ALEHOUSE ACT, 1828 [9 GEO. 4, c. 61]. 59
to appeal as aforesaid, and shall have entered into recognizance as Appndx-
hereinbefore directed, it shall be lawful for the justice before whom
such recognizance shall have been entered into to summon any
person whose evidence shall appear to him to be material, and to
require such person to be bound in recognizance to appear at the said
general or quarter session, and to give evidence in such appeal ; and
in case any such person as aforesaid shall neglect or refuse to obey
such summons, or shall refuse to enter into such recognizance, it
shall be lawful for such justice as aforesaid to issue his warrant to
apprehend such person so neglecting or refusing to obey such sum-
mons, and to bring him before such justice, and if such person shall
continue to refuse to enter into such recognizance, to commit him to
the common gaol or house of correction of the county or place for
which such justice shall be then acting, there to remain until he
shall enter into such recognizance, or shall be otherwise discharged
by due course of law.
29. Court to adjudge costs of justices in certain cases.] In every case
where notice of appeal against the judgment of any justice in or
concerning the execution of this Act shall have been given, and such
appeal shall have been dismissed, or the judgment so appealed against
shall have been affirmed, or such appeal shall have been abandoned,
it shall be lawful for the court to whom such appeal shall have been
made or intended to be made, and such court is hereby required, to
adjudge and order that the party so having appealed, or given notice
of his intention to appeal, shall pay to the justice to whom such
notice shall have been given, or to whomsoever he shall appoint, such
sum by way of costs as shall in the opinion of such court be sufficient
to indemnify such justice from all cost and charge whatsoever to
which such justice may have been put in consequence of his
having had served upon him notice of the intention of such party
to appeal ;
And if such party shall refuse or neglect forthwith to pay such
sum, it shall be lawful for the said court to adjudge and order that
the party so refusing or neglecting shall be committed to the
common gaol or house of correction, there to remain until such sum
be paid ;
And in every case in which the judgment so appealed against
shall be reversed it shall be lawful for such court, if it shall think
fit, to adjudge and order that the treasurer of the county or place
in and for which such justice whose judgment shall have been so
reversed shall have acted on the occasion when he shall have given
such judgment shall pay to such justice, or to whomsoever he shall
appoint, such sum as shall in the opinion of such court be sufficient
to indemnify such justice from all costs and charges whatsoever to
which such justice may have been so put ; and the said treasurer is
hereby authorised to pay the same, which shall be allowed to him
in his accounts.
60 BEERHOUSE ACT, 1840 [3 & 4 VICT. c. 61].
Appndx> BEERHOUSE ACT, 1840.
(3 & 4 VICT. C. 61.
AN ACT to amend the Acts relating to the general Sale of Beer and
Cider by Retail in England. [7th August 1840.]
11 Geo. 4 & 1 Will. 4, c. 64—4 & 5 Will. 4, c. 85— License to retail
beer not to be granted to any but the real resident occupier, nor in
respect of any house rated at less than £15 per annum, urithin the Bills
of Mortality, or in cities, towns, etc., containing 10,000 inJiabitants ;
nor less than £11 per annum in places exceeding 2,500 inhabitants;
nor less than £8 per annum in places situated elsewhere."] . . . No
license to sell beer or cider by retail under the said recited Acts
or this Act shall be granted to any person who shall not be the
real resident holder and occupier of the dwelling-house in which he
shall apply to be licensed ; nor shall any such license be granted in
respect of any dwelling-house which shall not, with the premises
occupied therewith, be rated in one sum to the rate for the relief of
the poor of the parish, township, or place in which such house and
premises are situate, on a rent or annual value of fifteen pounds per
annam at the least, if situated in the cities of London or Westminster,
or 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 ten
thousand, or within one mile, to be measured by the nearest public
street or path, from any polling place used at the last election for
any town having the like population, and returning a member or
members of Parliament ; nor shall any such license be granted in
respect of any dwelling-house which shall not, with the premises
occupied therewith, be rated in one sum to the rate for the relief of
the poor of the parish, township, or place in which such house and
premises are situate, on a rent or annual value of eleven pounds per
annum, if situated 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 and
shall not exceed ten thousand, or within one mile, to be measured
as aforesaid, from any polling place used at the last election for any
town having the like population as last aforesaid, and returning a
member or members 01 Parliament ; nor shall any such license be
granted in respect of any dwelling-house which shall not, with the
premises occupied therewith, be rated in one sum to the rate for
the relief of the poor of the parish, township, or place in which such
house and premises are situate, on a rent or annual value of eight
pounds, if situated elsewhere than as aforesaid ; and every license
granted contrary hereto shall be null and void.
WINE AND BEERHOUSE ACT, 1869 [32 & 33 VICT. c. 27]. 61
WINE AND BEERHOUSE ACT, 1869. Appndx.
(32 & 33 VICT. c. 27.)
AN ACT to amend the law for licensing Beerhouses, and to make certain
alterations with respect to the Sale by retail of Beer, Cider, and
Wine. [12th July 1869.]
WHEREAS by the Acts relating to the general sale of beer and cider
by retail in England ; (that is to say,)
(1) An Act of 11 Geo. 4 & 1 Will. 4, c. 64 ;
(2) An Act of 4 & 5 Will. 4, c. 85 ;
(3) An Act of 3 & 4 Viet. c. 61 ;
(4) An Act of 24 & 25 Viet. c. 21 ;
provision is made for the grant of licenses by the excise for the sale
by retail of beer and cider upon the terms and conditions therein
specified :
And whereas by an Act of 26 & 27 Viet. c. 33, it is enacted, that
any person who after the passing of that Act has taken out an excise
license to sell strong beer in casks containing not less than four and
a half gallons, or in not less than two dozen reputed quart bottles,
at one time, to be drunk or consumed elsewhere than on his premises,
may take out an additional license on payment of the excise duties
therein mentioned, and that the same shall authorise such person to
sell beer in any less quantity and in any other manner as aforesaid,
but not to be drunk or consumed on the premises where sold, and
that such additional license shall be granted without the production
of any certificate, or the possession of any other qualification than
the license therein first mentioned :
And whereas provision is made for the grant of licenses by the
excise for refreshment houses and for the sale of wine by retail, and
for other purposes by an Act of 23 & 24 Viet. c. 27 :
And whereas it is expedient to make better provision with regard
to the granting of the licenses hereinbefore mentioned, and for
regulating the houses and shops in which beer, cider, and wine are
sold by retail :
Be it enacted by the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual aud Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows : (that is to say,)
7. Notice of application.] Every person intending to apply to the
justices for a certificate under this Act shall, twenty-one days at
least before he applies, give notice in writing of his intention to
one of the overseers of the parish, township, or place in which
the house or shop in respect of which his application is to be made is
62 WINE AND BEERHOUSE ACT, 1869 [32 & 33 VICT. c. 27] .
Appndx. situate, and to [the superintendent of police of the district], and shall
in such notice set forth his name and address, and a description of
the license or licenses for which he intends to apply, and of the
situation of the house or shop in respect of which the application is
to be made ; and in the case of a house or shop not theretofore
licensed for the sale by retail of beer, cider, or wine, such person
shall also within the space of twenty-eight days before such applica-
tion is made cause a like notice to be affixed and maintained between
the hours of ten in the morning and five in the afternoon of two
consecutive Sundays on the door of such house or shop, and on the
principal door or on one of the doors of the church or chapel of the
parish or place in which such house or shop is situate, or, if there be
no such church or chapel, on some other public and conspicuous
place within such parish or place.
Where application is made to the justices for the grant of a certifi-
cate under this Act by way of reneival only, notice in pursuance of
this section shall not be requisite.
WINE AND BEERHOUSE AMENDMENT ACT, 1870.
(33 & 34 VICT. c. 29.)
AN ACT to amend and continue the Wine and Beerhouse Act, 1869.
[14th July 1870.]
BE it enacted, etc., as follows :
4. Amendment of provisions of principal Act as to grants, durations,
and transmissions of certificate.] The provisions of the principal Act,
with reference to the grant, duration, and transmission of certificates,
shall be amended as follows ; (that is to say,)
t (1) The seventh section of the principal Act shall be read as if
for the words " constable or peace officer acting within
such parish, township, or place, there were substituted the
words " the superintendent of police of the district," and
the notice required by that section to be given to any over-
seer or constable may be served by a registered letter
through the post :
(2) where a certificate is now required to be signed by a majority
of justices, it shall be sufficient if, instead of such signature,
the concurrence of such majority be signified by means of
an impression from an official seal or stamp, in such form
as the justices may direct, affixed in the presence of the
WINE AND BEERHOUSE ACT, 1870 [33 & 34 VICT. c. 29] . 63
justices in ssssions assembled, and verified in the case of Appndx.
each certificate by the signature of their clerk. Any seal
purporting to be so affixed and verified shall be received in
evidence without further proof ; and if any unauthorised
person imitate or affix an impression of such seal on any
certificate or imitation of a certificate, or knowingly use
a certificate or imitation of a certificate falsely purporting to
be sealed in pursuance of this section, he shall be guilty of
forgery :
(3) For every certificate granted by way of renewal under the
principal Act or this Act, there shall be payable to the clerk
of the justices the sum of four shillings for all matters to
be done by such clerk, and one shilling for the constable
or officer for service of notices ; and if any clerk of justices
demand or receive any greater or further fee or payment
in respect of any such renewal, whether for himself or for
any other officer or person, he shall, upon summary con-
viction, be liable to a penalty of five pounds :
(4) It shall be in the discretion of the justices to whom an appli-
cation for a transfer is made, either to allow or refuse the
application, or to adjourn the consideration thereof :
(5) . . . Subject to the provisions of this section, all the pro-
visions of the Alehouse Act, 1828, and Acts amending the
same, relating to the time for which justices' licenses are to
be in force, and relating to the fees payable for such licenses,
and relating to the transfer, removal, and transmission of
such licenses, and the grant of licenses upon assignment,
death, change of occupancy, or other contingency, and
relating to copies of such licenses, and relating to grants or
transfers of such licenses without the attendance of an
applicant who is hindered by sickness, infirmity, or other
reasonable cause, shall have effect with regard to certifi-
cates granted or to be granted under the principal Act and
this Act.
*****
10. As to beer dealer's additional retail license.] A certificate for an
additional license to the holder of a strong beer dealer's license to
retail beer under the provisions of the Revenue Act, 1863 (26 &
27 Viet. c. 33), shall not except by way of renewal from time to
time of a certificate in force at the time of the passing of this Act,
be granted unless upon the like proof of qualification according to
rating as is required in the case of licenses to retail beer for con-
sumption on the premises under the provisions of the Acts recited in
the principal Act for permitting the general sale of beer and cider
by retail in England.
11. Power to justices to postpone applications for grants of renewals.^
Where any applicant for the grant or renewal of a certificate has,
64 LICENSING ACT, 1872 [35 & 36 VICT. c. 94].
Appndx. through inadvertence or misadventure, failed to comply with any of
the preliminary requirements of the principal Act or this Act, or
any Act incorporated therewith, the justices may, if they shall so
think fit, and upon such terms as they think proper, postpone the
consideration of the application to an adjourned meeting and if at
such adjourned meeting the justices shall be satisfied that such terms
have been complied with, they may proceed to grant or withhold
such certificate as if the preliminary requirements of the principal
Act had been complied with.
LICENSING ACT, 1872.
(35 & 36 VICT. c. 94.)
AN ACT for regulating the Sale of Intoxicating Liquors.
[10th August 1872.]
* * * * *
40. Regulations as to new licenses and transfer of licenses.] Every
person intending to apply for a new license, or to apply for the
transfer of a license, shall publish notice of such application as
follows ; that is to say,
(1) In the case of a" new license, he shall cause notice thereof to be
given and to be affixed and maintained in manner directed
by section seven of the Wine and Beerhouse Act, 1869,
and any enactment amending the same, and shall adver-
tise such notice in some paper circulating in the place
in which the premises to which the notice relates are situate,
on some day not more than four and not less than two
weeks before the proposed application, and on such day or
days, if any, as may be from time to time fixed by the
licensing justices :
(2) In the case of the transfer of a license he shall, fourteen days
prior to one of the special sessions appointed by the justices
for granting transfers of such licenses, serve a notice of his
intention to transfer the same upon one of the overseers of
the parish, township, or place in which the premises in
respect of which his application is to be made are situate,
and on the superintendent of police of the district. This
notice shall be signed by the applicant or by his authorised
agent, and shall set forth the name of the person to whom
it is intended that such license shall be transferred, together
with the place of his residence, and his trade or calling
during the six months preceding the time of serving such
notice :
LICENSING ACT, 1872 [35 & 3G VICT. c. 94.] 65
(3) Any license may be authenticated in manner in which a certi- Appndx.
ticate may be authenticated in pursuance of sub-section two
of section four of the Wine and Beerhouse Act Amendment
Act, 1870, and the provisions of the said sub-section shall
apply accordingly.
The provisions of this section as to notices shall extend to all cases
where, under the Alehouse Act, 1828, notices are required to be
served in a like form to or in the same manner as notices for lieu-
licenses.
42. Provisions as to renewal of licenses.] Where a licensed person
applies for the renewal of his license the following provisions shall
have effect :
(1) He need not attend in person at the general annual licensing
meeting, unless he is required by the licensing justices [for
some special cause personal to himself] so to attend :
(2) The justices shall not entertain any objection to the renewal
of such license, or take any evidence with respect to the
renewal thereof, unless written notice of an intention to
oppose the renewal of such license [and stating in general
terms the grounds of opposition] has been served on such
holder not less than seven days before the commencement
of the general annual licensing meeting : Provided that the
licensing justices may, notwithstanding that no notice has
been given, on an objection being made, adjourn the granting
of any license to a future day, and require the attendance
of the holder of the license on such day, when the case will
be heard and the objection considered, as if the notice
hereinbefore prescribed had been given :
(3) The justices shall not receive any evidence with respect to the
renewal of such license which is not given on oath.
Subject as aforesaid, licenses shall be renewed and the powers and
discretion of justices relative to such renewal shall be exercised as
heretofore.
43. Confirmation of licenses.] Any person who appears before the
licensing justices and opposes the grant of a new license, and no
other person may appear and oppose the confirmation of such grant
by the confirming authority in counties or boroughs : and the con-
firming authority may award such costs as they shall deem just to
the party who shall succeed in the proceedings before them. In u
county the justices in quarter sessions assembled, and in a borough
the borough justices, [and in cases where a joint committee is
appointed, then the joint committee] shall make rules as to the
proceedings to be adopted for confirmation of new licenses and the
66 LICENSING ACT, 1872 [35 & 36 VICT. c. 94.]
Appndx. costs to be incurred in any such proceedings, and the person by
whom such costs are to be paid.
*****
45. Qualification of premises for licenses.] Premises to which at the
time of the passing of this Act no license under the Acts recited in
the Wine and Beerhouse Act, 1869, authorising the sale of beer or
wine for consumption thereupon is attached, shall not be subject to
any of the provisions now in force prescribing a certain rent or value
or rating as a qualification for receiving any such license.
Premises not at the time of the passing of this Act licensed for
the sale of any intoxicating liquor for consumption thereupon shall
not be qualified to receive a license authorising such sale unless the
following conditions are satisfied :
(a) The premises, unless such premises are a railway refreshment
room, shall be of not less than the following annual value :
If situated 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 one hundred
thousand inhabitants, fifty pounds per annum ; or if the
license do not authorise the sale of spirits, thirty pounds
per annum :
If situated elsewhere and within the limits of a town containing
a population of not less than ten thousand inhabitants,
thirty pounds per annum ; or if the license do not authorise
the sale of spirits, twenty pounds per annum :
If situated elsewhere and not within any such town above men-
tioned, fifteen pounds per annum ; or if the license do not
authorise the sale of spirits, twelve pounds per annum :
(b) The premises shall be, in the opinion of the licensing autho-
rity, structurally adapted to the class of license for which a
certificate is sought : Provided that no house, not licensed
at the time of the passing of this Act for the sale of any
intoxicating liquor for consumption on the premises shall be
qualified to have a license attached thereto authorising such
sale, unless such house shall contain, exclusive of the rooms
occupied by the inmates of such house, if the license
authorise the sale of spirits, two rooms, and if the license do
not authorise the sale of spirits, one room, for the accommo-
dation of the public.
46. Annual value necessary for obtaining grant of license.'] Whereas
in certain cases a license under the Wine and Beerhouse Acts, 1869
and 1870, is not to be granted unless the house and premises in
respect of which such license is granted are of such rent and value
or are rated to the poor rate on a rent or annual value of such
LICENSING ACT, 1872 [35 & 30 VICT. c. 94]. 67
amount as is respectively in that behalf stated in the Acts recited Appndx.
in the Wine and Beerhouse Act, 1869 ; and it is expedient to sub-
stitute in such cases " annual value " for the said rent, value, or
rating, and to provide for the ascertaining the annual value of such
house and premises : Be it therefore enacted that in cases not pro-
vided for by the last preceding section —
A license under the Wine and Beerhouse Acts, 1869 and 1870,
shall not be granted in respect of any premises which are not, in the
opinion of the licensing justices who grant such license, of such
annual value as is mentioned in that behalf in the Acts recited by
the Wine and Beerhouse Act, 1869 ; and those Acts shall be con-
strued as if " annual value " were therein substituted for " rent,"
"value," "rated on a rent or annual value," and other like
expressions. . . .
47. Mode of ascertaining annual value.'} The licensing justices shall
take such means as may seem to them best for ascertaining the
annual value of any premises for the purposes of this Act, and may,
if they think fit, order a valuation to be made of such premises by a
competent person appointed by them tor the purpose, and may
order the costs of such valuation to be paid by the applicant for a
license.
The annual value of premises for the purposes of this Act shall be
the annual rent which a tenant might be reasonably expected,
taking one year with another, to pay for the same, if he undertook
to pay all tenant's 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 license 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.
53. Continuance of license during pendency of appeal against justices
refusal to renew.] Where the justices refuse to renew a license, and
an appeal against such refusal is duly made, and such license expires
before the appeal is determined, the Commissioners of Inland
Revenue may, by order, permit the person whose license is refused
to carry on his business during the pendency of the appeal upon
such conditions as they think just ; and, subject to such conditions,
any person so permitted may, during the continuance of such order,
carry on his business ia the same manner as if the renewal of the
license had not been refused.
Where a license is forfeited on or in pursuance of a conviction for
an offence, and an appeal is duly made against such conviction, the
r 2
68 LICENSING ^jgfflpWfc^e VlCT- c- 94]-
Appndx. court ky whom the conviction was made, may by order, grant a
temporary license to be in force during the pendency of the appeal
upon such conditions as they think just.
Miscellaneous.
60. Disqualification of justices to act under this Act.] No justice
shall act for any purpose under this Act, or under any of the intoxi-
cating Liquor Licensing Acts, except in cases where the offence
charged is that of being found drunk in any highway or other
public place, whether a building or not, or on any licensee! premises,
or of being guilty while drunk of riotous or disorderly conduct, or
of being drunk while in charge, on any highway or other public
place, of any carriage, horse, cattle, or steam engine, or of being
drunk when in possession of loaded firearms, who is or is in partner-
ship with or holds any share in any company which is a common
brewer, distiller, maker of malt for sale, or retailer of malt or of
any intoxicating liquor in the licensing district or in the district or
districts adjoining to that in which such justice usually acts ; and
no justice shall act for any purpose under this Act, or under any of
the Intoxicating Liquor Acts, in respect of any premises in the
profits to (sic) which such justice is interested, or of which he is
wholly or partly the owner, lessee, or occupier, or for the owner,
lessee, or occupier of which he is manager or agent.
Any justice hereby declared not to be qualified to act under this
Act who knowingly acts as a justice for any of the puq)oses of this
Act shall for every such offence be liable to a penalty not exceeding
one hundred pounds, to be recovered by action in one of her
Majesty's superior courts at Westminster :
Provided that —
(1) No justice shall be disqualified under this section to act in
respect of any premises by reason of his having vested in
him a legal interest only, and not a beneficial interest,
in such premises or the profits thereof :
(2) No justice shall be liable to a penalty for more than one
oti'ence committed by him under this section before the
institution of any proceedings for the recovery of such
penalty :
(3) No act done by any justice disqualified by this section shall
by reason only of such disqualification be invalid.
LICENSING ACT, 1874 [37 & 38 VICT. c. 49]. 69
LICENSING ACT, 1874. Appndx.
(37 & 38 VICT. c. 49.)
An Act to amend the Laws relating to the Sale and Consumption of
Intoxicating Liquors. [30th July 1874.]
26. Notices of adjourned brewster sessions and of intention to oppose."]
Whereas by section forty-two of the principal Act it is enacted that
a licensed person applying for the renewal of his license need not
attend in person at the general annual licensing meeting unless he
is required by the licensing justices so to attend : Be it enacted, that
such requisition shall not be made, save for some special cause
personal to the licensed person to whom such requisition is sent.
it shall not be necessary to serve copies of notices of any adjourn-
ment of a general annual licensing meeting on holders of licenses or
applicants for licenses who are not required to attend at such
adjourned annual general licensing meeting.
A notice of an intention to oppose the renewal of a license served
under section forty-two of the principal Act shall not be valid unless
it states in general terms the grounds on which the renewal of such
license is to be opposed.
LICENSING ACT, 1902.
(2 EDW. 7, c. 28.)
An Act to amend the Law relating to the Sale of Intoxicating Liquors
and to Drunkenness, and to provide for the Registration of Clubs.
[8th August 1902.]
BE it enacted by the King's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows :
PART I.
Amendment of Law as to Drunkenness.
* * * * *
14. Date of annual licensing meeting.] (1) The general annual
licensing meeting in every licensing district shall be held within the
first fourteen days of the month of February in each year, and every
70 LICENSING ACT, 1902 [2 EDW. 7, c. 28].
Appndz. adjournment thereof shall be held within one month of the date oi
the general annual licensing meeting.
(6) This section shall not affect the power of the licensing justices,
under section eleven of the Wine and Beerhouse Act, 1870, to post-
pone to an adjourned meeting (whether held within one month of
the date of the annual meeting or not) the consideration of an
application for the grant or renewal oi a license ; and the said
section shall apply to all licenses in like manner as it applies to
licenses under the Wine and Beerhoixse Acts.
* * * * *
16. Provisions as to transfer.'] (1) In the case of an application
for a license under section four or section fourteen of the Alehouse
Act, 1828, the person holding the license and the person who it is
proposed shall become the holder of the license shall attend at the
special sessions at which the application is heard, and the agreement
or other assurance, if any, under which the license is to be trans-
ferred and held shall be produced to the licensing justices ; and, for
the purpose of compelling the attendance of any such person, or
any witness, the licensing justices shall have all the powers of a
court of summary jurisdiction.
Provided that the licensing justices may, for good cause shown in
any particular case, dispense with the attendance of either of such
persons, or both.
(2) For the purpose of preventing repeated applications, the
licensing justices may, at the general annual licensing meeting, make
regulations determining the time which must elapse after the hearing
of one application for a license, under section four or section fourteen
of the Alehouse Act, 1828, before another application, under the
said sections, or either of them, may be made in respect of the same
premises. Provided that the justices may, in their discretion, for
good cause shown, dispense with the observance of these regulations
in any particular case.
(3) The provisions of sub-section two of section forty of the
Licensing Act, 1872, as to notices of intention to transfer, shall apply
to all cases of applications under section four or section fourteen of
the Alehouse Act, 1828.
(4) The provisions of sub-section four of section four of the Wine
and Beerhouse Act, 1870, with respect to the adjournment of an
application for a transfer, shall apply to all licenses in cases arising
under section four or section fourteen of the Alehouse Act, 1828 ;
and, where any such application is adjourned, and there is in force
an authority granted under the Licensing Act, 1842, to sell intoxi-
cating liquor on the licensed premises, sucli authority shall continue
in force till the hearing of the adjourned application, and the proper
officer of Inland Revenue may give the like authority by indorse-
ment on the excise license.
RULES UNDER FINANCE ACT, 1894. 71
Appndx.
KULES UNDER FINANCE ACT, 1894, s. 10. _
(See, ante, p. 25, note
The following Rules regulating appeals to the High Court have
been issued :
ENGLAND. Dated 14th January. 1895. St. R, & 0. [1895],
No. 11 (L. 1).
1. Any aggrieved person within the meaning of section 10, sub-
section (1) of the Finance Act, 1894, who desires to appeal to the
High Court in any of the cases mentioned in the said sub-section
shall, within one month from the date of the notification to him or
his solicitor of the decision or claim of the Commissioners, deliver
to them a written statement of the grounds of such appeal.
The statement shall state specifically the several grounds upon
which the appellant contends that the decision or claim of the
Commissioners was erroneous, and if he contends that the value put
upon any property by the Commissioners is excessive, he shall
therein identify such property and state the value which he
contends should be put upon the same.
2. The Commissioners shall, within a month from the delivery to
them of the statement of the grounds of appeal, notify to the
appellant or his solicitor whether they have withdrawn the decision
or claim appealed against or have determined to maintain the same,
either in whole or in part.
3. At any time thereafter not exceeding one month from the date
of the notification by the Commissioners of their determination to
maintain their decision or claim either in whole or in part, the
appellant may proceed with his appeal by way of petition to the
High Court, such petition to be filed in the Queen's Remembrancer's
Department of the Central Office, and a copy thereof served by the
appellant upon the Commissioners.
4. Subject to the provisions of these Rules the appellant shall not
in his petition state or at the hearing be allowed to rely upon any
grounds of appeal not specifically set forth in the statement of the
grounds of appeal.
5. Upon the filing of the petition and the service of a copy there-
of upon the Commissioners, the matter shall be deemed to be
completely at issue, and within seven days thereafter the appellant,
or in default thereof the Commissioners, may set the petition down
for hearing upon the Revenue side of the Queen's Bench Division of
the High Court.
6. The Court or a Judge may order that the petition shall be
heard before a Judge of the Chancery Division, and Order XLIX.,
Rule 7, shall apply to any such Order.
72 RULES UNDER FINANCE ACT, 1894.
Appndx. 7. Unless by consent, or otherwise ordered, only oral evidence
shall be admitted at the hearing.
8. In cases where pursuant to Rule 7 evidence may be by
affidavit, the affidavits shall be filed in 'the Queen's Remembrancer's
Department.
9. The Crown shall have the same right as an ordinary suitor of
administering interrogatories and of obtaining discovery and inspec-
tion of documents.
10. The Court or a Judge may, at any time before or at the hear-
ing, allow the appellant to amend his petition, upon such terms as
the Court or Judge may think right.
11. Order XIX. Rule 27 of the Rules of the Supreme Court, 1883,
shall apply to the petition which shall be deemed to be a pleading
within that Rule.
12. Applications for leave to bring an appeal without payment, or
on part payment only of the duty, under the provisions of the
4th sub-section of the 10th section of the Finance Act, 1894, shall
be by summons before a Judge at Chambers, and the appellant
shall deliver to the Commissioners, with the summons, a copy of
any affidavit which the appellant intends to use at the hearing of the
summons.
13. These Rules may be cited as the Rules of the Supreme Court
(Finance Act), 1895, and shall come into operation forthwith.
COUNTY BOROUGHS.
COUNTY BOROUGHS.
73
Appnclx.
ENGLAND.
Barrow-in-Furness.
Bath.
Birkenhead.
Birmingham.
Blackburn.
Bolton.
Bootle.
Bournemouth.
Bradford (Yorks.).
Brighton.
Bristol.
Burnley.
Burton.
Bury.
Canterbury.
Chester.
Coventry.
Croydon.
Derby.
Devonport.
Dudley.
Exeter.
Gateshead.
Gloucester.
Great Grimsby.
Great Yarmouth.
Halifax.
Hanley.
Hastings.
Hudderstield.
Ipswich.
Kingston-upon-Hull.
Leeds.
Leicester.
Lincoln.
Liverpool.
Manchester.
Middlesborough.
Newcastle-on-Tyne.
Newport (Mon.).
Northampton.
Norwich.
Nottingham.
Oldham.
Oxford.
Plymouth.
Portsmouth.
Preston.
Reading.
Rochdale.
St. Helens.
Salford.
Sheffield.
Southampton.
South Shields.
Stockport.
Sunderland.
Walsall.
Warrington.
West Bromwich.
West Ham.
Wigan.
Wolverhampton.
Worcester.
York.
WALES.
Cardiff.
Swansea.
INDEX.
A.
ABSOLUTE DISCRETION. SEE DISCRETION.
ACCOMMODATION,
public, required of licensed premises, 66.
ACCOUNTS,
Secretary of State may make rules as to, of quarter sessions, 41.
ADJOURNMENT
of application for renewal, 64.
general annual licensing meeting, 54.
ALTERING PREMISES
without consent, license may be forfeited, 35 n.
APPEAL,
respondents on licensing appeal, who are, 19 n, 59.
costs of, 59.
from determination of Commissioners of Inland Revenue, 19,
rules as to, 71. 25 n.
from High Court, 25 n.
costs of Commissioners of Inland Revenue on, how to be
paid, 20, 26 n.
right of owner to, 36 n, 58.
continuance of license pending, 67.
from borough justices, 42 n.
order of forfeiture, 36 n.
against refusal to renew, 58.
notice of, 58.
justices may bind parties to appear, 58.
See HIGH COURT ; COUNTY COURT ; COMMISSIONERS OF
INLAND REVENUE.
APPOINTMENT
of special sessions, 54.
general annual licensing meeting, 53.
licensing committee, 37, 39 n.
[1]
INDEX.
APPLICATION FOR RENEWAL,
when to be referred to quarter sessions, 10.
heard, 17 n, 53, 69.
adjournment of, in certain cases, 63.
See LICENSE.
AREA. See QUARTER SESSIONS.
ASSESSMENT
of compensation. See COMPENSATION.
ATTENDANCE
of applicant for renewal of license, 65.
AUDIT OF ACCOUNTS,
rules of Secretary of State as to, of quarter sessions 41.
AUTHENTICATION OF DOCUMENTS,
rules of Secretary of State as to, 41.
AUTHENTICATION OF LICENSE,
how done, 63.
AUTHORITY,
temporary. See PROTECTION ORDER.
B.
BANKRUPTCY,
transfer on, 56.
BEER DEALER,
additional license to, 63.
BEER LICENSE
not to be granted except to resident occupier, 60.
rating qualification of premises for, 60.
discretion as to license granted before May 1st, 1869... 5, 43, 48 n.
grounds for refusal, 43, 48 n.
See LICENSE.
BOROUGH,
non-county included in area of county, 28 n.
entitled to appoint one member on committee
appointed by quarter sessions, 38, 40 n.
See COUNTY BOROUGH.
BREACH
of conditions endorsed on license, when good ground for
refusal, 31, 35 n.
[2]
INDEX.
BORROWING
by quarter sessions on security of compensation fund, 27, 29 n.
rules as to, 27, 29 n.
c.
CERTIORARI
will lie, if license granted without jurisdiction, 32 n.
who entitled to, 32 ».
CHANGE OF OCCUPANCY,
transfer of license on, 56.
CHARACTER
of proposed holder, when ground for refusal, 2, 13 n.
CHURCH DOORS. See NOTICE.
CHARGES,
scale of minimum, 50.
CITY OF LONDON
deemed to be county borough, 28 n, 42, 42 n.
COMMENCEMENT OF ACT,
date of, 49.
COMMISSIONERS OF INLAND REVENUE
to determine amount of compensation in default of agree-
ment, 19.
appeal from, 19, 24 n.
costs of, by whom to be paid, 20, 26 n.
COMMITTEE. See LICENSING COMMITTEE.
COMMUNICATION,
forfeiture for internal, 35 n.
COMPENSATION
fund to be established, 3, 26, 27 n.
rules as to management of, 41.
payment of, on non-renewal in certain cases, 2, 9, 15 n, 19.
calculation of amount, 15 n, 19, 21 n.
interested person may agree amount, 10.
to be approved by quarter sessions, 19.
Commissioners of Inland Revenue to determine amount, in
default of agreement, 19, 24 n.
[3]
INDEX.
COMPENSATION— continued.
to whom to be paid, 19.
when division of amount may be referred to county court, 20.
items to be paid out of, 28 n.
amount to be paid to license holder, 20, 26 n.
COMPENSATION FUND
to be established, 3, 18, 19 n.
by whom to be kept, 26, 28 n.
contributions to, 26, 28 n.
how collected, 26.
rate of charges for, 26, 28 n, 50.
rules of Treasury as to, 27.
COMPUTATION. See COMPENSATION.
CONDITIONS,
breach of, endorsed on license, when good ground for refusal, 31,
justices may attach, 29, 33 n. 35 n.
what must be attached, 29.
may be attached, 33 n.
transfer of license must be subject to, 30, 34 n.
when may be varied by confirming authority, 31, 37 n.
cannot be attached to new off license, 33 n.
confirming authority may modify with consent of justices, 33 ».
breach of undertaking constitutes premises ill-conducted, 36 n,
43, 47 n.
See LICENSE.
CONFIKMATION OF GRANT OF NEW LICENSE,
powers of county licensing committee transferred to quarter
sessions, 29, 31 n.
in counties, 31 n.
boroughs, 32 n.
confirming authority may vary conditions with consent of
justices, 31, 37 n.
may award costs, 32 n, 65.
make rules as to procedure, 32 n, 65.
rules may be objected to as ultra vires, 32 n.
of provisional grant, 32 n.
order for removal, 32 n.
who may oppose, 32 n, 65.
authority bound to hear all objections, 32 n.
decision of authority on merits absolute, 32 n.
•See LICENSE.
CONTRIBUTIONS
to compensation fund, 26, 28 n.
[4]
INDEX.
CONVICTION
of proposed holder, effect of, 12 n.
for felony disqualifies for selling spirits, 13 n.
pardon removes disqualification, 13 n.
lor using licensed premises as a brothel, forfeits license, 13 n.
COSTS
of Commissioners of Inland Revenue, by whom paid, 20, 25 n,
licensing justices paid out of compensation, 27, 28 n.
quarter sessions, 19.
confirming authority may make rules as to, 32 n.
in cases of opposition to new license, 32 n.
COUNTY,
definition of, 43.
COUNTY BOROUGH,
list of, 74.
application of Act to, 7, 28 n, 42.
may delegate powers, 37.
whole body of justices to take place of quarter sessions, 42.
licensing committee to be appointed, 38.
constitution, 38.
duties of, 38.
COUNTY COURT,
when question of compensation may be referred to, 20.
rules of, as to appeals, 72.
determining compensation, 20, 25 n.
COUNTY LICENSING COMMITTEE,
powers of transferred to quarter sessions, 29, 32 n.
cessation of appointment of, 37, 39 n.
COURT OF SUMMARY JURISDICTION,
when may order forfeiture of license, 31, 36 n.
D.
DEATH OF LICENSEE,
transfer on, 56.
DEDUCTIONS,
scale of, 51.
DEFECTS. See LICENSED PREMISES.
DEFINITIONS,
county, 45.
district, licensing, 14 n.
[5]
INDEX.
DEFINITIONS— continued.
existing on license, 10 n.
holder, proposed holder, 12 n.
inn, 46 n.
license, 10 n.
Licensing Acts, 16 n, 49 n.
district, 14 n.
justices, 14 n.
misconduct, 11 n.
new license, 31 n.
on license, 35.
owner of licensed premises, 18 n.
persons interested, 18 n.
quarter sessions, 14 n, 17 n, 20 n, 44.
transfer, 45.
DISCRETION,
cases in which limited and unlimited, 1, 14 n.
as to granting license to landlord in case of forfeiture, 37 n.
of Court of Summary Jurisdiction as to temporary authority,
as to transfer, 45 n. 37 n.
DISQUALIFICATION OF JUSTICES,
what constitutes, 68.
DISQUALIFICATION OF PERSON,
free pardon removes, 13 n.
for using premises as brothel, 13 n.
on conviction for felony, 13 n.
when not resident holder, 13 n.
who are disqualified, 13 n.
DISQUALIFICATION OF PREMISES,
when insufficient valuation, 15 n.
DISTRICT LICENSING,
what is, 14 n.
E.
EVIDENCE,
what is, as to ill-conducted premises, 11 n.
must be on oath, 17 w, 65.
EXISTING ON LICENSE,
what is, 10 n.
[6]
INDEX.
F.
FEES,
for licenses, 57, 63.
penalty for taking larger, 57.
FELONY,
conviction for, disqualifies, 13 n.
FORFEITURE
of license —
on breach of condition, 31, 35 n.
conviction of licensed holder of offences committed by
him as such, 31, 36 n.
rights of owner when license forfeited, 31, 36 n.
temporary continuance of forfeited, 36 n.
for what a license may be forfeited, 35 n.
See LICENSE.
G.
GENERAL ANNUAL LICENSING MEETING
to be held annually, 53.
precept appointing time and place for, 53.
how notice of to be given, 53.
to whom notice to be given, 53.
adjournment of, 54, 69.
when to be held, 54.
discretion of justices in granting licenses at, 55.
GROUNDS OF REFUSAL
to be specified in writing, 9, 15 n.
what are, of on license, 9, 15 n.
breach of conditions good, 31, 35 n.
of licenses granted ante 1869... 43, 48 n.
See LICENSE.
GRANT. See NEW LICENSE.
H.
HIGH COURT,
appeal to, from Commissioners of Inland Revenue, 19, 25 n.
none except by leave, 25 «.
HOLDER,
meaning of "proposed holder," 12n.
L.A. G [ 7 ]
INDEX.
I.
ILL-CONDUCTED,
who may be deemed to be, 43, 46 n, 47 n.
INLAND REVENUE. See COMMISSIONERS OF INLAND REVENUE.
INN,
definition of, 46 n.
INN-KEEPER,
duty of, as to supplying refreshment, 46 n.
refusal to supply refreshment, 43.
INTERESTED PERSONS,
right of, to appear at quarter sessions, 9.
to receive compensation, 19.
may agree, amount of compensation, 10.
INTERNAL COMMUNICATION,
license may be forfeited for making, 35 n.
INTRODUCTION, 1—8.
IRELAND,
Act does not apply to, 49.
J.
JUSTICES
disqualified, cannot act or vote in selection of committee, 40 ».
disqualification of, what constitutes, 68.
to report to quarter sessions as to renewal in certain cases, 10.
See DISCRETION.
JUSTICES' CLERK'S FEE,
applicant not liable for, during continuation of license granted
for term, 34 n.
for license, 57, 63.
penalty for taking large fee, 57.
[8]
INDEX.
L.
LEASE OF LICENSE. See LICENSE.
LICENSE,
definition of,
renewal of, when application heard license holder need not
attend in person, 17 n, 65.
refusal of existing on license in certain cases vested in quarter
sessions, 9.
by licensing justices, grounds must be stated in
writing, 9, 15 n.
of beerhouse, granted ante 1869, limitation of dis-
cretion removed, 5.
discretion of justices as to granting, 63.
" existing on license," what is, 10 n, 44.
transfer of, 63.
grounds of refusal by justices, 9.
fees on grant of, 57, 63.
proposed holder, meaning of, 12 n.
when void, 13 n.
effect of conviction on, 13 n.
granted by mistake, 13 n.
confirmation of, 29, 31 n, 65.
certiorari when granted without jurisdiction, 32 n.
who may oppose, 32 », 65.
off license, discretion of justices as to, 8.
holder of not entitled to compensation on refusal, 8.
justices no power to attach conditions, 32 n.
provisional grant must be confirmed, 32 n.
renewal, Secretary of State may make rules as to, 40.
forfeiture of —
on breach of conditions, 31, 35 n.
conviction of license holder, 31, 36 n.
rights of owner when forfeited, 31, 36 n.
for what may be forfeited, 35 n.
temporary continuance of forfeited, 35 n.
new license, grant of, 6, 29, 31 n.
definition of, 31 n.
justices may attach conditions to grant of new on license, 29,
shall secure to public monopoly value, 30. 33 n.
on license may be granted for term, 30, 34 n,
duration of, 55.
authentication of, 63.
LICENSE GRANTED FOR TERM,
justices may grant for not exceeding seven years, 29, 34 n.
application for regrant to be treated as for new license, 30, 34 n.
G 2 [ 9 ]
INDEX.
LICENSE GRANTED FOR TERM- continued.
no application for renewal during term necessary, 34 n.
transfer of, subject to conditions attached to grant, 30.
when granted, 30.
payments made in pursuance of condition, how to be dealt
with, 31, 35 n.
may be forfeited on breach of condition, 21, 34.
owner of premises to have all rights conferred by Licensing Act,
1874... 31, 36 n.
confirmation of, powers of quarter sessions to vary conditions,
31, 37 n.
transfer to have effect for remainder of term, 30, 34 n, 45 n.
may be granted at general annual licensing meeting, 31.
LICENSE HOLDER
to receive share of compensation, 20.
share of compensation, how calculated, 20.
cannot contract out of benefits, 20, 25 n.
license forfeited on conviction of, 31, 36 n.
must apply for renewal, 17 n, 69.
need not attend in person, 17 n, 65.
in case of sickness, who may attend for, 55.
death of, transfer on, 56.
LICENSED PREMISES,
definition, 10 n.
right of interested person to appear at quarter sessions, 10.
ill-conducted, what are, 11 n.
altering without consent, 35 n.
structural defects, ground for refusal, 9, 11 n.
justices may require alterations to, 12 n.
destruction of, transfer on, 56.
value of, how to be calculated, 20 n, 67.
forfeiture where lease of license granted, 35 n.
LICENSING ACTS,
what are, 16 n, 49 n.
LICENSING COMMITTEE,
appointment of by quarter sessions, 37, 39 n.
delegation of powers to, 37, 39 n.
Secretary of State may make rules as to, 38.
LICENSING DISTRICT,
definition of, 14 n.
LICENSING JUSTICES,
who are, 14 n.
discretion of, 1 4 n.
[ 10]
INDEX.
LICENSING JUSTICES— continued.
powers of, as to renewal, 14 n.
disqualification of. 68.
to report to quarter sessions as to renewal in certain cases, 10.
LONDON. See CITY OF LONDON.
M.
MAP,
when unsatisfactory evidence, 17 n.
MISCONDUCT,
what is, 11 n.
See ILL-CONDUCTED.
MONOPOLY VALUE,
how ascertained, 33 n.
justices no power to attach conditions for payment of greater
sum than, 34 n.
See VALUE.
N.
NEW LICENSE,
powers of justices as to granting, 6, 29, 31 n.
definition of, 31 n.
" new on license," 35.
conformation of, transferred to quarter sessions, 29.
justices may attach conditions to grant of new on license, 29,
33n.
shall secure to public the monopoly value, 30.
on license may be granted for term not exceeding seven years,
30/34 n.
regrant to be treated as application for new license,
30, 34 n.
does not require renewal during term, 30, 34 n.
NOTICE
of application for new license, 61, 64.
to be posted on church door, 62.
door of house, 62.
by advertisement, 64.
where to be exhibited, 64.
transfer of license, 64.
opposition must state grounds, 69.
may be served by post, 62.
[11]
INDEX.
0.
OFFICERS,
Secretary of State may make rules as to the appointment of, 41.
OFF LICENSE
discretion of justices as to, 8.
holder of, not entitled to compensation on refusal, 8.
justices no power to attach conditions to grant of, 33 n.
OPPOSITION TO GRANT OF NEW LICENSE,
who may oppose confirmation, 32 n.
OPPOSITION TO RENEWAL,
notice of, must set forth grounds, 69.
ON LICENSE. See LICENSE.
power to refuse renewal in certain cases vested in quarter
sessions, 9.
definition of, 10 n, 44.
new on license, 44.
existing, 44.
ORDER FOR REMOVAL,
must be confirmed, 32 n.
OWNER OF LICENSED PREMISES,
definition of, 18 n.
who may be registered as, 18 n.
rights of, when license forfeited, 31, 36 n.
right to appeal, 37 n.
be heard when breach of undertaking by licensee,
43, 47 n.
P.
PERSONS INTERESTED,
right of, to appear before quarter sessions on refusal to
renew, 10.
definition of, 18 n.
quarter sessions to decide who are, 18 n.
PLAN. See MAP.
PREMISES. See LICENSED PREMISES.
PROCEDURE
as to objecting to renewal of on license unaltered, 3, 17n.
on objection to license, 16 n.
[12]
INDEX.
PROCEDURE— continued.
confirming authority may make rules regulating, 32 n.
Secretary of State may make rules regulating, before quarter
sessions, 17 TO, 41.
PROPOSED HOLDER,
meaning of, 12 n.
when character of, a ground for refusal, 2, 13 n.
PROTECTION ORDER,
when granted, 34 n.
duration of, 34 n.
PROVISIONAL GRANT
must be confirmed, 32 n.
provisions as to, granted before passing of Act though not in
force, 44.
PROVISIONAL RENEWAL,
Secretary of State may make rules as to, 40.
Q.
QUALIFICATION OF PREMISES
licensed before August 10th, 1872.. .66.
after August 10th, 1872... 66.
to be of certain annual value, 66.
structurally adapted, 66.
have number of public rooms, 66.
mode of ascertaining value, 67.
QUARTER SESSIONS,
reference to, of questions as to renewal in certain cases, 9.
powers of, as to renewal, 10, 18 n.
right of persons interested, to be heard by, 10.
to approve amount of compensation, 17 n, 19.
report of licensing justices to, as to renewal in certain cases, 10.
definition of, 14 n, 17 n, 20 n, 44.
to decide who may be heard, 18 n.
impose charges on existing on licenses, 26.
expenses of, as to payment of compensation, 27.
may borrow on security of compensation fund, 27.
area of, 28 n, 41.
may divide, 37, 39 n.
to include non-county borough, 41.
powers of, to award costs, 27, 29 n.
may delegate to committee, 37, 39 n,
[13]
INDEX.
QUARTER SESSIONS— «m«tnu«*.
must delegate certain powers, 37, 39 n.
may make rules for appointment and procedure of committees,
to make returns, 41. 38, 39 n.
order of Secretary of State as to sessions held separately, 44, 48 n.
accounts o!', rules as to, 44.
E.
REFERENCE
to quarter sessions of questions as to renewal in certain cases, 9.
county court of question of compensation, 20.
REFRESHMENTS,
refusal of licensee to supply, 43.
See INNKEEPER.
REFUSAL
of justices to renew on licenses in certain cases vested in quarter
sessions, 2, 9.
grounds of, to be specified in writing, 9, 15 n.
when subject to compensation, 10, 18 n.
breach of conditions good ground for, 31, 35.
to supply refreshments, 43.
RENEWAL OF ON LICENSE,
application for, when heard, 17 n.
provisions as to, 65.
may be adjourned, 65.
attendance of applicant, 65.
objection to, notice of, 65.
must state grounds, 65.
power to refuse in certain cases vested in quarter sessions, 9.
justices of licensing district to report to quarter sessions, 10.
procedure of quarter sessions as to, in cases referred, 10.
what quarter sessions has to inquire into, 19 n.
rules as to provisional renewal, 40.
RENT,
deductions from, scale of, 26, 51.
license holder cannot contract out of, 27.
REPEAL,
Wine and Beerhouse Act, 1869, s. 19.. .43.
1870, s. 7...4S.
[14]
INDEX.
REPORT
of licensing justices as to renewal of certain on licenses, 10, 18 n.
rules as to procedure on consideration of, 18 ??, 40.
RESPONDENTS,
who are, on licensing appeal, 18 n.
RETURNS,
quarter sessions to make, to Secretary of State, 41.
RULES
of county court as to determining cases of compensation, 20,
Treasury as to compensation fund, 27. 26 n, 72.
quarter sessions as to duties and appointment of committees,
38, 39 n.
borrowing on security of fund, 27, 29 n.
for carrying Act into effect, may be made by Secretary of State,
40.
s.
SCOTLAND,
Act does not extend to, 49.
SCALE
of maximum charges imposed under Act, 50.
deductions, 51.
SECRETARY OF STATE
may make rules regulating procedure, 17 n, 40.
carrying Act into effect, 40.
consent of, as to borrowing on security of compensation fund,
may require return from quarter sessions, 41. 27.
SPECIAL SESSIONS FOR TRANSFERS,
general annual licensing meeting, to appoint, 54.
when held, 54.
notice of, to be given, 54.
reference to in any enactment to include reference to general
annual licensing meeting, 30.
STRUCTURAL DEFECTS,
/See LICENSED PREMISES.
SUPPLY OF REFRESHMENT,
premises deemed ill-conducted for persistent refusal to supply,
43, 46 n.
[15]
INDEX.
T.
TAXATION,
proceeds of duties, how dealt with, 35 n.
regulations as to, 35 n.
TEMPORARY AUTHORITY,
See PROTECTION ORDER.
TRADE FIXTURES,
depreciation of, to be considered in calculating rate, 19.
TRANSFER OF LICENSE,
meaning of, 45.
procedure as to, 45, 70.
discretion of justices as to, 45 n.
when application for, 56.
notice of opposition not required, 45 n.
appeal against refusal, to, 58.
costs of, 59.
in case of death, bankruptcy or other contingency, 56, 63.
duration of, 30, 34 n, 45 «, 57.
repeated applications for, 70.
justices may make regulations, 70.
production of agreement on application for, 70.
granted for term to have effect for remainder of term, 30,
34 n, 45 n.
may be granted at general annual licensing meeting, 30.
must be subject to conditions of license, 30.
provisions of Act to apply to, 42.
TREASURY,
rules of, as to compensation fund, 27.
u.
ULTRA VIBES,
rules of confirming authority may be objected to as, 32 n.
UNDERTAKING,
failure to fulfil, refusal of license for, 42, 46 n.
may be required by justices, 43, 47 n.
breach of, amounts to ill-conduct, 47 n
[16]
INDEX.
V.
VALUE
of premises, how to be calculated for compensation, 20 n.
secure monopoly value to public, 30, 33 n.
basis of valuation by Commissioners of Inland Revenue, 25 n.
mode of obtaining annual value, 67.
VOID, LICENSE
renewed by inadvertence, 13 n.
on conviction for using premises as brothel, 14 n.
in name of dead person, 13 n.
if granted to sheriffs officer, 13 n.
for sale of spirits by retail, on conviction of person for felony, 13 n.
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