Skip to main content

Full text of "The Licensing Act, 1904. (4. Edwd. 7, c. 23.) with full explanatory notes, an introduction, and an appendix"

See other formats


Books and forms 



Revised K 



Mes 



7, 8, & 



required for the 




THE LIBRARY 

OF 

THE UNIVERSITY 
OF CALIFORNIA 

LOS ANGELES 



1905, 



w Ac(, 



7, B.C. 



Complet 



Magisterial DOOKS anu Forms 

Sent post free on application. 



Established (cir.) 1750. 



SHAW & SONS' 

COPYRIGHT FORMS 

under the 

Licensing Act, 1904. 



--*-- 



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 



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 g ec t. 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. g ec ^ 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. B y 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. y ear ^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 g ec t. 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. t ne 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 


50 


100 


...... 


15 


100 


200 


...... 


20 


200 


300 


..... 


30 


300 


400 


..... 


40 


400 


500 


..... 


50 


500 


600 - 


...... 


60 


600 


700 


...... 


70 


700 


800 


...... 


80 


800 


900 - 


. 


90 


900 and over 


.... 


100 



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 -/ luu P ercent - ot ' bar S e - 



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. 644 & 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, 18. 

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 mtnu*. 

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. 



PRINTED BY BUTTERWORTH & Co., 2, CRANE COURT, E.C 



Los Angeles 
This book is DUE on the last date stamped below. 



Ulil J 



L11S8Z 



r-" 



Form L9-25m-9,'47(A5618)444 

/u/v (ricfjatuj, i//i//uu."t> . 

per Annum, post free, 

SPECIMEN COP* ON APPLICATION. 



" The Justice of the Peace," 7 & 8, Fetter Lane, London, E.( 

Or can be had through 

BUTTERWORTH & Co., 12, Bell Yard, Temple Bar, London, W.( 

c .UNIVERSITY OF CALIFORNL 
AT 




HV 
5087 
G7A5 
1904a 



A 000 909 775 9 

ULUITIUJN , 



O4. 

j ces ' Manual. 

ED ANNUALLY.) 

for 1904, or Guide to the Ordinary 

\\illi Tal>Ie of Cases, Appendix of 

By tin- late. S \MCKI, STOM.;, Ksq. 

Uol.KKTS, Ks<|., Clfl'k to the .lllstires 

I'ricc -J.")s. ; for Cash, post free, 
i thin paper at the same price. 



is STANDARD WORK was 
d continued to increase until, 
icessary to issue it Annually. 
)04 (36th Edition) was sold out 



arly 'STONE' has come to stay. N<> jiiMirr. justices' clerk <>r |irac-iiii<nirr can 
,. witlimii ii. ii i- a inir ami an Hcruratr iriiiii.' ; a safe and trusty adviser." 

./iittii-i of tli 

'I'd cvi'ry'iiii' win isc ilntics lake liim t if I en into cm in- nf sun unary juris. I id imi s i MM; ' 
i- imlispciisalilc." No/ii-i/or*' .liiiiriml. 

" Is one of the best known books In the l,a\v Kiln-ary. ... It is no secrei ihat in 
many cmirl- ilirnii>. r lii>ut the laml praciically nn law but' STUM:' is known." 

-Lair Ma ; 



LONDON: BUTTERWORTH & CO., 12, Bell Yard, Temple Bar, W.C. 
SHAW & SONS, 7 & 8, Fetter Lane, E.G.