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. () 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 ( 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. 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.