WATERLOW & SONS LI
 
 Ajv- 
 
 ^^ xiri B i, 13 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 u 
 
 A PRACTICAL GUIDE 
 
 LICENSING ACT, 1904, 
 
 AND THE 
 
 RULES MADE BY THE HOME SECRETARY 
 UNDER THE ACT 
 
 TOGETHER WITH 
 
 THE ACT. RULES AND FORMS. AND PARLIAMENTARY 
 
 RETURNS 
 
 EDWARD W. BEAL, M.A., 
 
 Clerk to the. Justices of the Tower Dieimon of the Couatij of London and Clerk of 
 Quarter Sessions in Assessment Appeals. 
 
 LONDON : 
 WATERLOW AND SONS LIMITED, LONDON WALL. 
 
 1906.
 
 HY 
 5037 
 
 A PRACTICAL GUIDE 
 
 TO THE 
 
 LICENSING ACT, 1904. 
 
 Scope of the Act. 
 
 1. The main provisions of this Act may be grouped Scope of the 
 under the following heads : — " " 
 
 K [a) The limitation and definition of the grounds 
 
 '^ upon which licensing Justices (called in the Home 
 
 Qc Secretary's Rules " the_ renewal authority ") may 
 
 g refuse the renewal or transfer of certain " on " - 
 
 ^ licences. 
 
 {h) The transfer to quarter sessions in the case of 
 ? Counties, and to the whole body of Justices in the 
 
 -^ case of County Boroughs, (in both cases called in the 
 
 Q Home Secretary's Rules " the compensation authority ") 
 
 of the power to refuse, subject to compensation, the 
 
 renewal or transfer of certain " on " licences. 
 S {c) The levying of a compensation fund, and the 
 
 ^ mode of ascertaining and distributing the compensa- 
 
 ^ tion money. 
 
 {d) The vesting of additional powers in licensing 
 
 Justices in regard to certain new " on " licences. 
 
 Powers of refusal remaining vested in the licensing Justices 
 without Compensation. 
 
 2. Prior to the new Act, except in the case of ante- Licensing 
 1869 beer houses, the power of licensing Justices to refuse ''^'^®*^^®®' 
 
 ' f o powers uncle; 
 
 the renewal or transfer of "on" licences was absolute, earlier Acts. 
 
 1a
 
 2 A PRACTICAL GUIDE TO THE 
 
 subject to three qualifications ; the procedure laid down 
 by the Licensing Acts 1872 and 1874, must be carried 
 out ; the Justices must use their discretion, not capriciously, 
 but in a judicial and reasonable way ; and the applicant 
 for the licence could appeal to Uuarter Sessions. There 
 was never any real doubt as to the Justices' powers, but 
 the judgment of the House of Lords in Sharp v. Wahefield, 
 1891, A.C., 173, placed the matter beyond question. The 
 decision in the Farnham case {R. v. Hoicard and others, 
 1902, 2 K.B., 363) only affects matters of procedure. 
 The Court of Appeal held in that case that the course 
 adopted by the Farnham Justices was fair and proper. 
 It did not lay down that no other procedure could be 
 adopted. The more recent case of Raven v. Southanipion 
 Justices, 1904, 1 K.B., 430, which was unfortunately not 
 carried to the Court of Appeal, establishes no general 
 principle, and merely decides that in the special circum- 
 stances of that case the Southampton Justices had not 
 exercised their discretion properly. 
 
 These are matters which will still have to be considered 
 by licensing Justices. 
 
 Licences to 3. The provisions of the Act grouped above as a, b, and 
 
 TftandT"^'' r, apply only to existing on-licences, whioh do not include 
 app'y- those held by refreshment house keepers for wine alone or 
 
 sweets alone. Sec. 9 (4). 
 
 The expression ^^ existing on liceiiee" is defined (Sec. 9 
 (4) to mean *' an on licence in force at the date of the passing 
 of this Act'^ (15th August, 1904), "and includes a licence 
 granted hg nag of renewal from time to time of a licence so 
 in force, icJicthcr siirh licence continues to he held hg the same 
 person or has been or mag be transferred to ang other person 
 or persons^ Therefore, if there is any break in the 
 continuity of the licence, the Act ceases to apply, and the 
 licensing Justices' powers in regard to the house are 
 revived, as if tlie Act liad not passed. It follows that in 
 such cases all flic existing authorities dealing with the 
 powers of li(!c,iisiiig .Justic(3s, and the mode of exercising 
 them, are still applicable.
 
 LICENSING ACT, 1904. 3 
 
 Where a provisional graut and order on confirmation of 
 a licence has been made before the passing of the Act, the 
 licence is to be deemed an existing on licence, although the 
 final order may not be made until after the passing of the 
 Act. Sect. 9 (4). 
 
 It has recently been held by the Court of Appeal that 
 if a licence is forfeited, or the licensee becomes disqualified 
 from holding a licence, the continuity of the licence is 
 broken, and the privileges of an ante- 1869 beer on licence 
 are lost. {Chambers v. Tower Justices, 1904, 2 K.B., 903). 
 In similar circumstances, any existing on licence will lose 
 the rights conferred by the new Act. 
 
 4. The powers of licensing Justices to refuse the renewal Grounds of 
 or transfer of an existing on licence (excluding ante- existing 
 1869 beerhouses) are now limited to the following licences (not 
 
 J beinar ante- 
 
 grounds :~ 1869 beer- 
 
 (1.) That the licensed premises have been ill- out compen- 
 conducted ; ^^^'°''- 
 
 (2.) That they are structurally deficient ; 
 
 (3.) That they are structurally unsuitable ; 
 
 (4.) Grounds connected with the character of the 
 proposed licensee ; 
 
 (5.) Grounds connected with the fitness of the 
 proposed licensee ; 
 
 (6.) That the renewal would be void. 
 
 These grounds are contained in Section 1 (1) of the Act. 
 Two other grounds are contained in Section 9 (2). 
 
 (7.) That the licensee has persistently and un- 
 reasonably refused to supply refreshment other than 
 intoxicating liquor ; 
 
 (8.) That the licensee has failed to fulfil any 
 reasonable undertaking given to the Justices. 
 
 If a licence is refused upon either of the two last 
 mentioned grounds (7) or (8), the refusal is to be deemed 
 to be on the ground that the premises have been ill- 
 eonducted.
 
 A PRACTICAL GUIDE TO THE 
 
 Interpretation 
 of above 
 grounds of 
 refusal. 
 
 Grounds of 
 refusal of 
 ante-1869 
 beerhouses 
 without com- 
 pensation. 
 
 5. The above grounds exclude several upon which 
 Hcensing Justices have been in the habit of refusing 
 renewals ; for example, that the house is in a position 
 difficult for police supervision ; that it has lost its trade ; 
 that it is not required. But the grounds Nos. 4 and 5 — 
 the character or fitness of the proposed licensee — will 
 probably be found in practice to cover the majority of cases. 
 
 It cannot be intended that Sect. 16 of the Act of 
 1902 should be incidentally repealed. If the licensing 
 Justices are of opinion that the agreement or other assurance 
 referred to in that section contains (in the words of the 
 Home Secretary) anything which renders it " impossible for 
 the tenant to carry on the business projierly and successfully J^ 
 the transfer or renewal may be refused on the ground that 
 the applicant is not a fit person. See Mr. Akers-Douglas' 
 letter to Mr. W. J. Galloway, M.P., The Times, 11th 
 March, 1903. 
 
 It was certainly the intention of the legislature that the 
 grounds inserted in Section 1 of the new Act should be 
 interpreted in a broad and popular sense. The debates in 
 Committee of the two Houses of Parliament abundantly 
 prove this, but they have no authority in a court of 
 law as a guide to the meaning of a statute. 
 
 6. Ante-1869 beerhouses retain their privileges so far as 
 regards the licensing Justices, that is, the renewal or 
 transfer of their licences cannot be refused by the Justices 
 except upon one or more of the " four grounds." 
 
 The sections of the Acts of 1869 and 1870 relating to 
 these houses are repealed by the new Act, but the effect of 
 them is re-enacted. Sect. 9 (3.) It may be convenient to 
 give here a summary of these grounds, so that they may 
 be compared with the eight grounds specified in the new 
 Act. Tlie four grounds are : — 
 
 (1.) Tli;i< \\w applicant has failed to produce 
 satisfactory evidence of good character; 
 
 (2.) That tlie })remises or any adjacent premises 
 owned or occupied by the applicant are of a dis-
 
 LICENSING ACT, 1904. 5 
 
 orderly character, or frequented by thieves, prostitutes, 
 or persons of bad character ; 
 
 (3.) That the applicant has by misconduct been 
 personally disqualified from holding a licence ; 
 
 (4.) That the applicant or the house is not duly 
 qualified as by law required. 
 
 It will be seen that the grounds contained in the new 
 Act which have been numbered 2, 3, 7, and 8, do not 
 apply to ante-1869 beerhouses. The other grounds, 1, 4, 
 5, and 6, are practically the same as the four grounds of 
 1869. The result is that the licences of ante-1869 beer- 
 houses cannot be refused by the licensing Justices upon 
 the ground that the premises are structurally deficient or 
 structurally unsuitable, or that the licensee has refused to 
 supply refreshment other than intoxicating liquor, or has 
 failed to fulfil any reasonable undertaking given to the 
 Justices. 
 
 Beerhouses which are not privileged may be dealt with 
 by the licensing Justices upon any one or more of the 8 
 grounds contained in the new Act, if they are existinij on 
 licences. 
 
 Ante-1869 licences which have lost their privilege, and 
 any licence not within the definition of existing on licences 
 are at the absolute discretion of the licensing Justices, as 
 laid down in Sharp v. Wakefield. 
 
 Under the new Act ante-1869 beerhouses are liable to 
 have their licences refused by the compensation authority 
 on any ground, upon payment of compensation. 
 
 7. It may perhaps be assumed that in future, notwith- The wants of 
 standing the powers of the licensing Justices in cases to tourh^ood'j 
 which the new Act does not apply, no on licence will be ground of 
 taken away on the sole ground that it is not required for 
 the wants of the neighbourhood. That ground may, 
 however, in those cases still be combined with others, as 
 heretofore, and may suffice to turn the scale when the 
 licence is otherwise in jeopardy. 
 
 as a
 
 A PRACTICAL GUIDE TO THE 
 
 Structural 
 deficiency or 
 unsuitabiUty. 
 
 Void 
 licences. 
 
 8. If the licensing Justices refuse a licence on the ground 
 that the premises are structurally deficient or structurally 
 unsuitable, it will no doubt be said on appeal to Quarter 
 Sessions that the Justices ought to have exercised their 
 powers under the Act of 1902, and required the necessary 
 alterations to be made. There may be cases in which no 
 alterations could make the house efficient or suitable. 
 Even in such cases it might be thought hard to take 
 away the licence without compensation. Probably this 
 ground of refusal will only be acted upon by licensing 
 Justices in combination with others. 
 
 The question of structural deficiency or uusuitability, as 
 ali'eady said, does not affect ante- 1869 beerhouses, except 
 as a ground for sending them up to the compensation 
 authority for extinction with compensation. 
 
 9. A licence would be void if granted inadvertently 
 to a dead person, or to Sheriff's officers, or officers 
 executing legal process, or to a person disqualified from 
 holding a licence by reason of his having been convicted 
 of certain offences. 
 
 A licence would also be void if granted in respect of 
 premises not having the proper value qualification, or the 
 prescribed number of rooms for the accommodation of the 
 public, or, in the case of a beerhouse, if the licence were 
 granted to a person not being the real resident holder and 
 occupier. Licensing Act, 1872, sect, 44. 
 
 10. The duty indirectly imposed upon the holder of an 
 existing on licence to supply suitable refreshment (other 
 than intoxicating liquor) at a reasonable price, places 
 ujioii an ordinary public house the obligation formerly 
 attacliing only to an inn, and in the case of inns, limited 
 to travellers. Sect. 9 (2). 
 
 This obligation does not affect ante- 1869 beerhouses, 
 except as a ground for extinction of the licence with 
 (;om]i(!nsation. 
 
 Uuilertakingb. U. 'I'Ik; I'iiihu-o to fulfil any reasonabk) undertaking 
 given to tli(5 Justices on the grant or renewal of an 
 
 Supplying 
 refreshment.
 
 LICENSING ACT, 1904. ' 
 
 existing on licence is another ground which does not 
 affect ante- 1 869 beerhouses, except as above mentioned. 
 Sect. 9 (2). 
 
 It does not appear that the licensing Justices have any 
 power to force a licensee to give an undertaking. If he 
 refuses to do so, and they consider the matter sufficiently 
 grave, they can only n^fer it to Quarter Sessions, with a 
 view to the licence being extinguished, on payment of 
 compensation. 
 
 If the Justices ask the holder of an existing on licence 
 to give an undertaking, they must adjourn the hearing, 
 and serve notice on the registered owner, giving him an 
 opportunity of, being heard. Sect. 9 (2). 
 
 A licensee may volunteer to give an undertaking, with- 
 out being asked by the Justices, but in such a case, the 
 owner should have an opportunity of being heard, his 
 interest in the premises being much larger than that of 
 the licensee. 
 
 In regard to undertakings given before the commence- 
 ment of the Act, some doubt arises whether they ought 
 not to be repeated at the next renewal of the licence, after 
 notice has been given to the registered owner. This does 
 not seem to be necessary so long as the licensee remains 
 the same. Upon any transfer of the licence the under- 
 taking must be repeated, and the registered owner must 
 have an opportunity of being heard. 
 
 12. The general result of the foregoing provisions of Summary of 
 the Act is:— po^^^^ *^^.,^ 
 
 reiusal with- 
 (a) That existing (»i licences (other than ante-1869 sation. 
 beerhouses) may be refused by the licensing Justices, 
 without compensation, upon one or more of the eight 
 grounds above stated. 
 
 {h) That the licences of ante-1869 beerhouses may 
 be refused by the licensing Justices, without com- 
 pensation, upon one or more of the old four grounds. 
 [c) That licences, not being existing on licences, nor 
 ante-1869 licences, including beerhouses which have
 
 O A PRACTICAL GUIDE TO THE 
 
 lost their privilege, may be refused by the licensing 
 Justices, without comjiensation, upon any reasonable 
 and proper ground, including the ground that they 
 are not required for the wants of the neighbourhood. 
 
 In all the above cases the applicant for the licence 
 will have the right of appeal to Quarter Sessions, as 
 heretofore. 
 
 13. When the licensing Justices refuse the renewal or 
 transfer of an existing on licence, they must specify in 
 writing the grounds of their refusal Sect. 1 (1.) 
 
 This means that the grounds must be reduced to writing 
 and read out to the applicant. It is not necessary to 
 furnish him with a copy, unless he asks for it. See 
 Beg. V. Cumberland Jmtiees, 1881, 8 Q.B.D., 369— a 
 decision upon similar words in the Act of 1869. In the 
 case of renewals, the grounds will have been already 
 reduced to writing in the notice of objection, and it will 
 only remain to specify those which have been acted 
 upon. In transfers the grounds cannot be drawn up 
 till the decision is arrived at, but they must be specified 
 at the time of refusing the application. Reg. v. Chert neij 
 Jiidiee.s, 1878, 3 Q.B.D., 374. 
 
 The provision of Section 26 of the Licensing Act, 1874, 
 that the grounds of objection shall be stated in general 
 terms, and the decisions under that section, are ignored by 
 some Courts of Quarter Sessions, who require the grounds 
 to be stated in very definite and precise terms. In future 
 it will probably be sufficient in law, in oases under the new 
 Act, to use the actual words of the Act ; but it is, of coiu-se, 
 fair to the applicant to give him noti(;e as clearly as 
 possible of the case against him. 
 
 I*oicerx of rr/'usal transferred to Quarter Sessions, or in 
 Count 1/ Borouglis to the whole hodij of Justices, with 
 right to eom/wnnation. 
 
 rowers '.f II. TIk' power ol' relusiiig existing on-licences (not being 
 
 rofuMiil with aiit('-lH(i!> beerhouses) upon any ground other than the
 
 LICENSING ACT, 1904. 9 
 
 eight grounds stated above, and the power of refusing compensa- 
 
 ante-18G9 licences upon any ground other than the old 
 
 four grounds, is transferred by the Act from the licensing 
 
 Justices to Quarter Sessions in Counties, and to the whole 
 
 body of Justices in County Boroughs ; and the refusal of 
 
 the licence will involve payment of compensation. Sects. 
 
 1 (2) and 2 (1). 
 
 15. When a licence is refused by the licensing Justices Appeals to 
 on one or more of the eight grounds specified in the new Sessions as 
 Act, or on one or more of the four grounds specified in the theretofore. 
 Act of 1869 — that is, on any ground which does not entitle 
 
 the applicant to compensation — an appeal will lie to 
 Quarter Sessioiis, as heretofore — namely, to the whole body 
 of Justices. 
 
 Procedure in compenmtion cases — reports of the renewal 
 autJiority. 
 
 16. If the hcensing Justices come to the conclusion that Reference to 
 the question of the renewal of any particular existing on- pensation 
 licences requires consideration on grounds other than those authority, 
 which are mthin their competence to consider, they must 
 
 refer the matter to the compensation authority, together 
 with their report thereon. Sect. 1 (2). The phrase above 
 cited practically means that the licensing Justices are of 
 opinion that the licence should be refused. 
 
 The procedure up to a certain point will be the same as Procedure in 
 now. In the case of renewals, notice and grounds of ^^o^^^^^- 
 objection must be served under the Licensing Acts, 1872 
 and 1874, and evidence must be taken on oath at the 
 Annual Licensing Meeting. 
 
 It has been suggested that if the wants of the neighbour- -^-^q^-q the 
 hood are one of the grounds upon which, in the view of wants of the 
 the licensing Justices, the question of renewing the licence hood are 
 requires consideration, the procedure adopted in the °°® of the 
 
 .... grounds. 
 
 Farnham case must be followed, and notice of objection be 
 
 given to all the licensees in the district. This depends on 
 
 the circumstances. If the licensed houses in a congested 
 
 area are so similar in structure, trade and position, that it
 
 10 
 
 A PEACTICAL GUIDE TO THE 
 
 is impossible to pick out any which call for extinction 
 more than others, the only fair course is to bring them all 
 up at the x4.nnual Meeting, and then determine, after 
 hearing the evidence, which houses should be included in 
 the report to the compensation authority. The Act refers 
 (Sect. 1 (2) ) to ant/ particular existing on-licences, and if the 
 licensing Justices are able to take out special houses, there 
 is no need to go through the procedure of the Farnham 
 case. Indeed, it would be putting the licensees of the 
 other houses to unnecessary expense and unreasonable 
 trouble to oblige them to prove — what is not disputed — 
 that their licences should be renewed. 
 
 17. What should be contained in the reports to the 
 compensation authority is a matter which can only be 
 settled by experience of the working of the Act. They 
 may be brief and almost formal documents, or they may 
 be highly elaborate, and be accompanied by statistics and 
 maps. Tlie Home Secretary's form is merely a tabular 
 lieading, and gives no indication of what the reports should 
 I'ontain. His power does not indeed extend so far. 
 
 It may be urged that the report should only contain the 
 e\idence given before the Justices at the Annual Licensing 
 Meeting. It mvist certainly be limited to the grounds 
 stated in the notice of objection, but the inferences which 
 the licensing Justices drew from that evidence may pro- 
 perly be inserted in their report. See observations of 
 Wills, J., in lieg. v. Miskin Higher Justices, 1893, 
 1 a.B. 275. 
 
 IS. At the end of each Annual Licensing Meeting, and 
 before the 30th April, the renewal authority are to send to 
 the compensation authority a list of the houses referred to 
 that authority, together with their reports thereon. R. 7. 
 
 Preliminari/ meeting of compensatio)i autJiority to consider 
 reports generally. 
 
 Pn;liMiin;iiy J 9. Wh(Mi the reports have been received the compen- 
 
 considcr ' satioii authority are to hold a preliminary meeting before
 
 LICENSING ACT, 1904. 
 
 11 
 
 the 31st May. At this meeting the compensation authority reports 
 are to consider, as a ivhole, and with regard to the funds at 
 their disposal, and the general circumstances and needs of their 
 area, the reports received. Sect. 3 (5), 11. 9 and 10. 
 
 The chairman of the renewal authority, and any mem- Who may 
 hers, not exceeding two, of that authority appointed for 
 the purpose, and any officer so appointed, have the right 
 of attending the preliminary meeting, for the purpose of 
 consulting with the compensation authority as to their 
 report. E. 11 (1). This rule is made under Sect. 6 (a) of 
 the Act. It will not apply to County Boroughs, in which 
 the renewal authority and the compensation authority are 
 composed of the same persons. R. 11 (2). 
 
 In addition to the ahove persons any other person 
 requested by the compensation authority, and no one else, 
 may attend the preliminary meeting. R. 12. 
 
 20. The consultation contemplated by the Act (Sect. 6 What should 
 {a) ), and provided for by the Home Secretary's Rules, 
 
 should only be on preliminary matters — the form of the 
 report, the materials to be included in it, the number of 
 cases to be sent up each year, the postponement of some of 
 them, and so on. It would not be fair that the compen- 
 sation authority should discuss the merits of any case, not 
 only in the absence of the persons interested in the licence, 
 but in the presence of the renewal authority which has 
 reported in favour of extinguishing the licence. It would 
 have been well if the Home Secretary's Rules had expressly 
 prohibited the preliminary meeting from discussing the 
 merits of any case included in the reports, but no doubt 
 the legal advisers of the two authorities will point out to 
 their respective clients that no discussion ought to take 
 place, and certainly no decision be arrived at, with respect 
 to the ultimate fate of any particular house mentioned in 
 the report. 
 
 21. If at the prehminary meeting the compensation Cases not 
 authority decide not to proceed with the report in respect ^^h^^"^^*^ 
 of any licence — which means, if they decide not to go into
 
 12 
 
 A PRACTICAL GUIDE TO THE 
 
 the merits of that case —the authority are to send notice 
 of their decision to the licensee, the registered owner and 
 the renewal authority. R. 13, This decision will not 
 prevent the renewal authority from sending up the same 
 case in the next or any subsequent year, but the same 
 formahties must be gone through as on the first occasion. 
 
 It is desirable that the compensation authority should 
 proceed with as many cases as possible in each year. The 
 persons interested in a house which has been reported upon 
 would have good ground to complain if they were unneces- 
 sarily kept in suspense as to the fate of the licence. 
 Moreover, the interval of respite might be used for 
 undesirable dealings with the licensed premises. 
 
 The decision not to proceed is of course not a decision 
 that the licence ought to be continued. This can only be 
 determined at the principal meeting. 
 
 P«rH(jnH 
 entitlod iin(l<rr 
 the Act to 
 be heanl. 
 
 jjor.sonH 
 intoroHt<!fI in 
 house. 
 
 Principal meeting of compensation authority to arrive at 
 final decision. 
 
 22. The preliminary meeting may, if necessary, be 
 adjourned from time to time (R. 38), but after the con- 
 clusion of that meeting the compensation authority are to 
 hold the principal meeting, for the purpose of coming to a 
 final decision as respects any case in which they have 
 decided to proceed under the Act. Not less than 14 
 days' notice is to be given by advertisement of the time 
 and place of meeting, and a separate notice is to be given 
 to the licensee and the registered owner of the licensed 
 premises affected, and to the renewal authority. R. 14 
 and 15. 
 
 23. Before dealing further with the Home Secretary's 
 Rules as to the principal meeting it is desirable to point out 
 what the Act provides as to the persons entitled to be 
 heard by the compensation authority upon the question 
 whether a licence sliall or sliall not bo extinguished. 
 
 The persons interested in the licensed premises are 
 entitled to be heard. Sect. 1 (2).
 
 LICENSING ACT, 1904. 13 
 
 The compensation authority may also hear, unless it Hearing 
 appears to them unnecessary, any other persons appearing P*^f'^"^^ . 
 to them to be interested in the qaestion of the renewal of the the question 
 licence. Sect. 1 (2). This expression would include private ° renewa . 
 objectors who have served notice on the licensee, and public 
 bodies, such as Borough Councils, Boards of Guardians, 
 &c. ; but whether private societies, and in particular 
 temperance associations, who have not given notice of 
 objection, would have a locus standi is doubtful. At 
 all events, the compensation authority may decline to hear 
 them. 
 
 The compensation authority may also hear, unless it Hearing the 
 appears to them unnecessary, the licensing Justices. Sect. 1 justices^ 
 (2). It can only be in rare cases that the compensation 
 authority will refuse to hear the licensing Justices, for 
 they are best able, from their local knowledge and 
 previous investigations, to explain and amplify their report. 
 In theu- absence the persons interested in the licensed 
 premises, who have an absolute right to be heard, could 
 put forward statements and figures which the compensa- 
 tion authority would have difficulty in testing. 
 
 24. The right to be heard includes the right to examine Eights 
 and cross-examine witnesses. And as the law permits Included 
 
 ... Ill hearing. 
 
 every one, in the absence of express prohibition, to act by 
 his legal representative, all persons entitled to be heard may 
 be represented by Counsel or Solicitor. 
 
 25. In transfer cases, the renewal authority may call Limitation of 
 before the compensation authority such evidence as may °^^ evidence. 
 be thought desirable in support of their report. In 
 
 renewal cases, evidence may be called which was not before 
 the renewal authority, but perhaps it must be limited to 
 matters stated in, or to be inferred from, the grounds of 
 objection, as is now the case on appeals under the Act of 
 1828. Ex parte Gorman, 1894, A.C., 23. 
 
 There seems to be no power on the part of the com- 
 pensation authority to call for additional or independent 
 evidence at this stao^e.
 
 14 
 
 A PRACTICAL GUIDE TO THE 
 
 Refusal to 
 hear must be 
 decided in 
 each case. 
 
 Persons 
 interested in 
 premises 
 or question 
 may have 
 copies of 
 report. 
 
 Order of 
 dealing with 
 cases. 
 
 And <'i 
 hearing 
 persons 
 interested. 
 
 26. The refusal to hear either the persons appearing to 
 be interested in the question of the renewal, or the licensing 
 Justices, must be decided upon in each particular case, 
 after considering the circumstances of that case. The 
 compensation authority have to determine whether the 
 hearing of such persons or the Justices is necessary or un- 
 necessary, and cannot, therefore, make a general rule, 
 laying down whom they will hear or refuse to hear upon 
 dealing with the licensing Justices' reports. Sect. 1 (2). 
 
 27. The licensee and the registered owner, and any 
 person who satisfies the Clerk of the compensation 
 authority that he is interested in the (juestiou of the 
 renewal of the licence, may obtain, on payment of a fee 
 not exceeding 4d. a folio, a copy of that part of the report 
 which relates to that licence. R. 16. An embarrassing 
 discretion is thrown by this Rule on the Clerk of the 
 compensation authority. Not every person or body who 
 holds views on the licensing question should be allowed 
 to have a copy of the renewal authority's report. In the 
 hands of trade rivals, or other persons, it might be used to 
 lessen the value of the house, should the compensation 
 authority decide not to refuse the licence. 
 
 28. The compensation authority are to determine the 
 order in which they will deal with the cases, and where 
 the same facts and conditions are applicable to more 
 than one case, they may deal with those cases together. 
 E. 17. 
 
 The authority will also have to determine, although the 
 Rule does not provide for it, the order in which they will 
 hear the parties int(^rested in any case. This is an important 
 matter, as the burden of proof will fall on the party who 
 begins. In a})])eiils to Quarter Sessions against refusals 
 to renew licences, the respondent Justices begin, the burden 
 (if piooF Itciuo' ii]K)ii them. If the report of the renewal 
 fiuthorily is takcni as settling up a />riiini fac/c case, the 
 persons interested in the licence will have to begin, and it 
 will be for them to displace the report.
 
 LICENSING ACT, 1904. 15 
 
 29. Notice of the decision of the compensation authority Notice of 
 
 is to be given to the renewal authority, to the licensee and <ieciswii to be 
 to the registered owner, and if the licence is refused, to 
 Commissioners of Inland Revenue. E.. 18. 
 
 30. The proceedings at the principal meeting are to be Proceedings 
 open to the public, except dming private consultations Meeting t? be 
 between the members of the compensation authority, public. 
 
 E. 19. 
 
 Supplemental meetings — ascertaining jwrsons entitled to 
 compensation. 
 
 31. Having considered the licensing Justices' report. Refusal of 
 and heard the persons interested in the house, and the to compensa- 
 other persons referred to in Sect. 1 (2), the compensation tion. 
 authority may, subject to payment of compensation, refuse 
 
 any Hcence to which the report relates. Sect. 1 (2). 
 
 In order to ascertain the persons entitled to compensa- Claims to 
 tion, the compensation authority are to publish by adver- ^^ ^^^ gg^t \^ 
 tisement a notice specifying the licensed premises, and 
 requiring claims to be sent in within 21 days. As soon 
 as may be after that time a sitjiplemental meeting, of which 
 notice is to be given, is to be held for considering the 
 claims. R. 21, 22 and 23. 
 
 32. The licensee, the registered owner and any other Claimants 
 person who has made a claim, may obtain copies of any ^tfes oT 
 claim relating to the premises, on payment of a fee not claims. 
 exceeding 4d. a folio. R. 24. 
 
 33. At the supplemental meeting the compensation Validity of 
 authority, after giving the above persons an opportunity ^eteraiined^ 
 of being heard, are to decide on the validity of the claims, 
 
 and to determine who are the persons entitled to compen- 
 sation. R. 25. 
 
 An opportunity of being heard should be given to 
 persons who make claims at the very last moment, not- 
 withstanding that they have failed to send in their claims 
 within the time prescribed by the advertisement. Such 
 
 2
 
 16 
 
 A PRACTICAL GUIDE TO THE 
 
 persons may have large interests in the licensed premises, 
 and they should not be absolutely shut out. The Rules 
 contain a general power enabling the compensation 
 authority to proceed, notwithstanding any failure to 
 comply with the provisions of the Eules. R. 6. Some of 
 the persons interested in licensed premises may be expected 
 to be in poor circumstances, not very well educated, and 
 lacking in business capacity. 
 
 Assessment 
 of the com- 
 pensation. 
 
 Mode of Assessing Compensation. 
 
 34. The measure of the compensation to be paid is 
 the difference between the value of the house subject 
 to the same conditions of renewal as immediately 
 before the passing of the Act (including depreciation of 
 trade fixtures) and the value of the house without a 
 licence. Section 2 (1). The value to be ascertained is 
 the value of the house at the time when it is proposed to 
 extinguish the licence, not its value before the passing of " 
 the Act, as is sometimes said. To determine this value is 
 entirely a question for valuers and accountants, who will 
 have to say what the sum works out at in each case. 
 Their expert opinion must, however, be based upon 
 admitted or established facts, and the facts, if contested, 
 can only be ascertained by inspecting title-deeds, leases, 
 agreements, books and accounts, and examining and 
 cross-examining witnesses. There must therefore be 
 something in the nature of a judicial enquiry, similar 
 to proceedings in compensation cases, or in assessing 
 damages before the Sheriff. The parties (using the word 
 in the popular and not in the legal sense) would be the 
 persons interested in the house on the one side, and the 
 compensation authority, as protectors of the compensation 
 fund, on the other side. 
 
 The Act provides that the sum to be paid may be 
 the amount agreed upon by the persons interested in 
 the house, if approved by the compensation authority, 
 Sect. 2 (2). Without evidence and expert guidance the 
 compensation authority would have no materials for
 
 LICENSING ACT, 1904. 17 
 
 approving or disapproving. It seems to follow that the 
 compensation authority must in every case hold a quasi- 
 judicial enquiry. 
 
 In default of such agreement and approval, the 
 amount of compensation is to he determined by the 
 Commissioners of Inland Revenue, with an appeal to 
 the High Court. The appeal will be under Sect. 10 of 
 the Finance Act 1894, and the rules made under that 
 Act in 1895, Questions of value as well as of law can 
 be raised by the appeal. 
 
 The compensation authority might get rid of this part 
 of their enquiry by formally disapproving of the sum 
 agreed upon, but this would hardly be a compliance 
 with the Act. 
 
 The valuers employed in these cases would practically 
 be obliged to adopt the principles of valuation which 
 govern the Commissioners. These are stated in a Eeturn 
 printed by the House of Commons on the 3rd May, 
 1904, a copy of which is appended. App. A., p. 84. 
 
 Further Supplemental Meeting. — Approval of agreed com- 
 jjensation and settling shares. 
 
 35. When the time for sending in claims has elapsed, Supplemental 
 a further supplemental meeting is to be held, to consider meeting to 
 whether the compensation authority should approve of any agreed com- 
 sum agreed upon by the persons entitled as the money to ^^^I'lr^^f '^ .^^^ 
 be paid as compensation (called the compensation money), 
 
 and to settle the shares. R. 27. 
 
 This meeting may be held on the same day as the first 
 Supplemental Meeting, the prescribed additional notice 
 having been given. R. 28. 
 
 36. If the persons interested agree upon a sum, and the Shares may be 
 compensation authority approve of the agreed sum, they ^^^J^e'i before 
 are to proceed to settle the shares of the persons entitled. pensati..n 
 
 If the compensation authority do not approve of the beeiTfixed.^ 
 agreed sum, one of two courses may be adopted. They 
 may either adjourn the meeting until the amount of the 
 
 2a
 
 18 A PRACTICAL GUIDE TO THE 
 
 compensation money has been determined by the Com- 
 missioners of Inland Revenue, or they may proceed at 
 once to fix the proportions in which the compensation 
 money, when the amount has been determined, is to be 
 divided. R. 30. The latter course is no doubt intended 
 to save time. At first sight it seems to be somewhat 
 inconvenient, but it must be remembered that before the 
 compensation authority can decide whether or not to 
 approve of the agreed sum, the figures must be gone into, 
 so that some of the materials will ah-eady be in their 
 possession for estimating the shares. Although, how- 
 ever, the amount of each claim may thus have been 
 ascertained, the amount of the total compensation 
 money actually fixed by the Commissioners may induce 
 the compensation authority to reconsider the proposed 
 mode of apportioning it. This is very likely to be the 
 case in regard to the share of the licensee, which does not 
 depend upon purely financial considerations. The com- . 
 pensation authority have to give effect to the following 
 difficult proviso (Sect. 2 (2).) : — 
 Share of the 2 Provided that in the case of the licence holder regard shall 
 be had not only to his legal interest in the premises or trade 
 fixtures, hut also to his conduct and to the length of time 
 during which he has been the holder of the licence, and the 
 holder of a licence, if a tenant, shall {notwithstanding any 
 agreement to the contrary) in no case receive a less amount 
 than he would be entitled to as tenant from year to year of 
 the licensed premises. 
 
 So that when the compensation money comes to be 
 divided, something is to be given to the licensee which is 
 not included in it, namely, a premium for his good con- 
 duct, and length of tenure of the licence. Thus the 
 licensee's share must be fixed first of all, and the premium 
 awarded to liim must be deducted rateably from the other 
 shares. It will puzzle valuers and the compensation 
 authority to reduce good conduct to pounds, shillings, and 
 pence, and the hypothetical licensee may lead to as much 
 discussion and litigation as the " hypothetical tenant." It
 
 LICENSING ACT, 1904. 19 
 
 is clear that the premium above mentioned cannot he added 
 to the compensation money. 
 
 If the licensee's conduct has been bad, and his tenure 
 of the licence short, the compensation authority would 
 seem to have power to make a deduction from the sum 
 representing his strictly legal interest. 
 
 Managers and servants, who although licensees are not Managers and 
 tenants, will derive no benefit from the last clause of the 
 proviso. 
 
 37. The compensation authority may refer any question Questions 
 as to the division of the compensation money to the ^f^gion mav 
 County Court, if the question can be more conveniently be referred 
 determined by that Court. Sect. 2 (3). E. 40. This Court. °"^ ^ 
 affords a second opportunity to the compensation authority 
 
 to pass on its jurisdiction to another tribunal. It is con- 
 ceivable that in some cases the compensation authority, 
 having decided that the licence ought to be refused, will 
 have nothing more to do than to make orders for pay- 
 ments out of the compensation fund. 
 
 An appeal will lie from any decision of the County 
 Court under this section on questions of law. 
 
 38. The gross amount of compensation money in any Commis- 
 case may be further reduced by payment out of it to the ^f°HVh*(°^^^t 
 Commissioners of Inland Revenue of their costs of an appeals. 
 appeal to the High Court. Sect. 2 (4). The compensation 
 authority are to pay these costs to the Commissioners, and 
 allowance is to be made for the amount in calculating the 
 
 sum divisible. R. 33. 
 
 It is presumed that the Commissioners will repay, or Proportion of 
 give credit for, the proportion of unexpired excise duty ^^"^^^ ^ J"- 
 from the date of the extinction of the licence. If the 
 money is paid to the licensee, it must be brought into 
 account in fixing his share. 
 
 39. The assessment of the compensation money and its Licensing 
 
 distribution are matters which do not affect the licensing concerned 
 
 Justices. Their duties cease when the compensation '^i^^ compen- 
 . p • 1 sation money, 
 
 authority have dealt with their report by refusing the
 
 20 
 
 A PRACTICAL GUIDE TO THE 
 
 licence, subject to compensation. If the licence is not 
 refused it comes again under the jurisdiction of the 
 licensing Justices. 
 
 In hearing applications for the renewal or transfer of a 
 licence, or for the approval of plans of alterations or 
 rebuilding, the licensing Justices ought not to have regard 
 to the circumstance that at some future time compensation 
 may be payable in respect of the house. The compensation 
 fund is not provided out of pubKc moneys but by the 
 trade. 
 
 Payment of 
 
 compensation 
 
 money. 
 
 Cesser of 
 licence. 
 
 40. After the shares in which the compensation money 
 is to be divided have been settled, notice is to be given to 
 the persons entitled, and a day fixed, not less than two 
 weeks nor more than six weeks after the notice, for 
 payment of the shares. E. 34. 
 
 A similar notice is also to be given to the renewal 
 authority, and to the superintendent or other chief officer 
 of police of the district, in order that they may know 
 when the licence will cease to exist. R. 36. This will be 
 on the expiration of the seventh day after the date fixed 
 for payment of the compensation money. R. 42. 
 
 . Provisional 
 renewal. 
 
 Refusal and 
 report in 
 respect of 
 the same 
 house. 
 
 Provisional Renewal of Licences. 
 
 41. Where the renewal authority refer the question of 
 the renewal of an existing on-licence to the compensation 
 authority, the renewal authority are to grant the renewal, 
 but to insert in the licence a statement that it is provisional. 
 Sect. 6 (a). R. 41. A further provisional renewal may, 
 if necessary; be granted. R. 43. 
 
 It has been suggested that a licence may be refused on 
 one or more of the eight or four grounds, and may at the 
 samo time be reported to the compensation authority on 
 other grounds. The licensee would have a right of appeal 
 to the whole body of justices against the refusal, and would 
 also bo hoard by the compensation autliority against the 
 report. This course, even if it were otherwise desirable,
 
 LICENSING ACT, 1904. 21 
 
 is, however, impracticable, as a licence which is reported 
 upon must be provisionally renewed. 
 
 Refusal to Transfer and Provisional Transfers. 
 
 42. The provisions of the Act are to apply to the Renewal 
 transfer of an existing on-licence as they apply to the transfer. 
 renewal. Sect. 9 (1). 
 
 The word transfer is to include cases under Section 14 Transfer 
 
 '' includes cases 
 
 of the Act of 1828. Sect. 9 (4). under Sect. u. 
 
 In transfers under Sect. 4 of the Act of 1828, the Transfers 
 application is made by the outgoing licensee, and the of the Act of 
 questions before the licensing Justices are whether the ^^^^• 
 proposed transferee is a fit and proper person, and whether 
 he has a sufficient interest in the premises. If the transfer 
 is refused, the current licence remains in force, and the 
 only effect is that the trade will continue to be carried on 
 by the present licensee. At the next Special Sessions 
 another transferee could be put forward. The question of 
 the fitness of the proposed transferee cannot, by itself 
 (except in the case of ante-1869 beerhouses), come before 
 the compensation authority. It may come before Quarter 
 Sessions in an ordinary appeal. It is not likely that 
 licensing Justices, being satisfied with the transferee, will 
 send up a licence to the compensation authority for ex- 
 tinction, subject to compensation, on an application for a 
 transfer inter vivos. The question of putting an end to a 
 licence can be more conveniently dealt with at the Annual 
 Licensing Meeting, but it would be right to give notice to 
 a transferee at the time of the transfer that the house will 
 probably then be reported upon. 
 
 New on-licences granted for a term (Sect. 4 (3)) cannot Transfers of 
 . ^ c p • ^^-"""^^ uc,en(!eR. 
 
 be extinguished during the term, except by forfeiture, or 
 
 by an order of a court of summary jurisdiction. Sect 4 (5). 
 
 Hence, the only questions to consider on applications to 
 
 transfer these licences will (as in ordinary cases under 
 
 Sect. 4 of the Act of 1828) be whether the proposed licensee 
 
 is a fit and proper person, and has a sufficient interest in 
 
 the premises.
 
 22 
 
 A PEACTICAL GUIDE TO THE 
 
 Transfers of 
 ante-1869 
 beer houses. 
 
 Transfers 
 under Sect. 14 
 of the Aft of 
 1828. 
 
 Rules render 
 Act inopera- 
 tive as to 
 transfers. 
 
 There may, however, be occasions on which ante-1869 
 beerhouses may properly and conveniently be reported to 
 the compensation authority upon an application for a 
 transfer under Sect. 4. It may be impossible to refuse the 
 transfer upon any of the four grounds, and yet the proposed 
 transferee, though of excellent character, may be wholly 
 unfit to conduct a licensed house. He may be too old or 
 too young, he may have defective sight or imperfect hearing, 
 and yet the licensing Justices must accept him, if he is 
 forced upon them, as sometimes happens. In such cases 
 the powers of the new Act may well be invoked on an 
 application for a transfer, if the licensing Justices are of 
 opinion, either that the house is not wanted, or that the 
 proposed transferee is so undesirable, that it would be 
 better, in the public interests, to suppress the licence. 
 Unless the Justices are of that opinion, the new Act ought 
 not to be used simply as a means of getting rid of the four 
 groundsr 
 
 The case is somewhat different when the application for 
 a transfer is made by a new tenant under Sect. 14 of the 
 Act of 1828, the licensee having removed from and yielded 
 up possession, or having neglected to apply for a renewal. 
 Still stronger cases are where the house is, or is about to 
 be, pulled down for a public purpose, or, in the case of an 
 inn, has by fire, tempest, etc., been rendered unfit for the 
 reception of travellers. In any of these cases it may be a 
 convenient opportunity to consider whether the licence 
 should not be extinguished, for unless the grant be made, 
 the sale of intoxicants must cease, there being no person 
 by whom, or no house in which, the trade can be 
 carried on. 
 
 In applying the Act to transfers, the obvious intention 
 of the legislature was to enable a licence to be extinguished 
 with compensation during its currency, upon the next 
 application for a transfer. There could be no other object. 
 Unfortunately, it is entirely defeated by the Home Secre- 
 tary's ]{ulcs, wliifh ])racticany make the Act inoperative 
 as regards transfers. The Kules provide that the report
 
 LICENSING ACT, 1904. 23 
 
 of the licensiug Justices in transfer cases is not to be trans- 
 mitted to the compensation authority until the close of the 
 next Annual Licensing Meeting, when it will be considered 
 with the reports as to renewals. E. 45, In the meantime 
 the transfer is to be granted, a statement being inserted 
 that it is only provisional. R. 44. The interval may be 
 thirteen months from the transfer session in April to the 
 principal meeting in May of the following year. During 
 that time the trade will be carried on at a great disadvan- 
 tage. The suspense will be highly inconvenient to the 
 persons interested in the licensed premises, as it will 
 practically hang up all dealings with the property in the 
 meantime. In cases under Sect. 4, the transferor will be 
 kept waiting for the balance of his purchase money, 
 and the ti'ansferee, if he pays it over, may be unable 
 to get it back, should the transfer be ultimately 
 refused. 
 
 In apj)licatious under Sect. 14, the uncertainty will 
 produce even greater inconvenience, particularly in the 
 case of executors, administrators, trustees in bankruptcy, 
 and others, anxious to wind up, as soon as possible, a 
 deceased or trust estate. 
 
 The renewal of the licence at the next Annual Licensing Provisional 
 Meeting will be provisional only. R. 45 (1). ^^^^^f ^^ 
 
 The compensation authority, in dealing with the reported 
 question of the transfer, are to have regard to the action 
 of the renewal authority with respect to the renewal at the with reported 
 next Annual Licensing Meeting. R. 45 (3). This rule transfers 
 
 * , . rcard to be 
 
 illustrates the inconvenience of not dealing at once with had to action 
 reports on transfers. When the Annual Licensing Meet- ^* °^^* 
 ing comes round, if the renewal authority desire to report Meeting, 
 against the renewal, they must, notwithstanding the 
 report already sent up on the transfer, serve notice of 
 objection against the provisional licence, and go through 
 all the formalities necessary when an application for 
 renewal is opposed. The renewal authority, being differ- 
 ently constituted at the Annual Licensing Meeting, may 
 take a different view of the case, and decide not to report 
 against the renewal. In that event, presumably, the 
 
 2b
 
 24 
 
 A PKACTICAL GUIDE TO THE 
 
 If renewal 
 refused 
 transfer report 
 to drop. 
 
 compensation authority would decide not to proceed upon 
 the report against the transfer. 
 
 The renewal licence may be refused by the renewal 
 authority on some ground (one of the eight or four 
 grounds) which does not involve compensation. The 
 licensee would then have the right to appeal to the whole 
 body of Justices in Quarter Sessions. In that case the 
 compensation authority are not to proceed with the report 
 upon the transfer. E. 45 (2) 
 
 Dea/iiigs n-itJi Provisional Beneicah or Transfers. 
 
 Provisional 
 licences may 
 be forfeited or 
 transfened. 
 
 Transmission 
 of interests 
 after report. 
 
 43. A provisional renewal or transfer is a licence 
 which remains in force until finally dealt with by the 
 compensation authority. It is therefore, during its 
 existence, subject to the ordinary incidents of a licence. 
 It may be forfeited, and it may be transferred, but when 
 it is transferred, either under Sect. 4 or Sect, 14 of the Act 
 of 1828, the transfer will be provisional, and must be sent 
 up to the compensation authority, so that the authority 
 may have before it the latest holder of the licence, and be 
 able to give him the prescribed notices. It is possible that 
 a series of transfer licences may be sent up in respect of 
 the same house. The compensation authority will of 
 course only jiroceed upon the last. 
 
 If there is any transmission of interest, by death or 
 otherwise, after the date when the report is sent by the 
 renewal authority to the compensation authority, the latter 
 authority can deal with the new interests when ascertaining 
 the persons entitled to share in the compensation money. 
 
 Neir on-Liccnces. 
 
 (Joiiiity 
 LicoriHJnfj; 
 Coinmittee 
 Hliolislied. 
 
 44. IMic povv(;rs of the County Licensing Committee are 
 transferred to Quarter Sessions. Sect. 4 (1). This 
 Conimitt(!(! will cease to Ix) np]K)iiited. New licences wil 
 still requii'o confirmation, but the confirming authority will 
 bo a Statutory Committee appointed by Quarter Sessions
 
 LICENSING ACT, 1904. 25 
 
 under Sect. 5 (2), aud its numbers need not be limited as 
 now to twelve. 
 
 45. Additional powers of much importance are given to New on- 
 the licensing Justices in regard to new " on "-licences, optional" 
 They may impose conditions as to (1) the payments to be conditions, 
 made for the licence ; (2) the tenure of the licence ; 
 
 and (3) any other matters, a8 they think proper in the 
 interests of the piuhlic. Sect. 4 (2.) One of the other matters 
 may be the surrender of existing licences, that being 
 clearly in the interests of the public. No conditions can of 
 course be imposed to secure purely local benefits, or for 
 private or charitable objects. 
 
 The meaning of the words tenure of the licence is not Meaning of 
 clear. They can scarcely refer to the length of the licence." 
 licence — whether annual or for a term of years — as that is 
 specifically provided for in Sub-sect. (3). Do they enable 
 the licensing Justices to impose conditions as to the nature 
 and extent of the tenure of the licensee in the licensed 
 premises ? Tliis would, however, be covered by the words 
 any other matters, as would also a condition designed to 
 check the further spread of the " tied-house " system. An 
 early-closing or a six-days' licence is a limited grant, and 
 cannot properly be called a licence upon conditions. 
 
 46. The licensing Justices must impose conditions to Obligatory 
 secure to the public the monopoly value of the licence — mono*^T^~ 
 that is, the difference between the value of the house as value. 
 licensed and its value without a licence. Sect. 4 (2) (a). 
 
 To ascertain this value some sort of enquiry must be held, 
 with the same expert assistance as in the enquiries by the 
 compensation authority already dealt with. 
 
 The amount of the payments imposed must not exceed 
 the monopoly value. Sect. 4 (2) (b). 
 
 Surrenders of existing licences have, of course, a money Surrenders. 
 value, but they cannot take the place of the statutory pay- 
 ments required as representing the monopoly value of the 
 new licence. There seems however to be no legal objection 
 to requiring surrenders, as a condition relating to some
 
 26 
 
 A PRACTICAL GUIDE TO THE 
 
 Assessing 
 monopoly 
 Talue. 
 
 New on- 
 licences 
 renewable 
 annually. 
 
 New ou- 
 liconcfiH for 
 a term. 
 
 other matter. Not being a payment, a surrender would 
 not infringe Sub-sect. (b). 
 
 It vn\\ be difficult to arrive at the value of a licence not 
 in existence, coupled with conditions the financial effect of 
 which is unknown. After a few years' experience, some 
 practical mode of overcoming the difficulty will no doubt 
 be found. If the assessment and collection of the payment 
 to be made were left to the end of the year, there would 
 be a risk of getting nothing if the trade were unsuccessful. 
 But this risk might be met by taking a bond with sureties 
 from the licensee. 
 
 In estimating the monopoly value regard is to be had to 
 proper provision for suitable premises and good manage- 
 ment, and profits not derived from the sale of intoxicants 
 are not to be considered. Sect. 4 (2) (a). 
 
 47. A new on-licence may be granted as an annual 
 licence, or for a term not exceeding seven years. Sect. 4 (3). 
 In the former case the licensing Justices will have the 
 same powers of granting or refusing a renewal on any 
 ground (including the wants of the neighbourhood) as they 
 had before the new Act — the absolute discretion explained 
 in Sharp v. Wakefield. If the renewal be opposed, the 
 procedure laid down in the Acts of 1872 and 1874 must 
 be followed, and the licensee can appeal to Quarter 
 Sessions ; but if the licence be ultimately refused no 
 compensation will be payable. 
 
 A new annual on-licence of course requires confirmation. 
 
 Ill tlie case of an annual licence there is no provision for 
 enforcing the fulfilment of any condition during the 
 currency of the licence. 
 
 48. AVhen a new on-licence is granted for a term, upon 
 the expiration of the term any application for are-grant is 
 to bo treated as an application for a new licence, which, if 
 granted, must be sent up to the confirming authority for 
 confirmation. Sect. 4 (3) (a). If the re-grant be refused 
 by tlio licensing Justices, there would be no appeal and no 
 coinj)eiisation.
 
 LICENSING ACT, 1904. 27 
 
 The payments to be made for secui'ing to the public the Monopoly- 
 monopoly value of a licence for a term will be more tOTm^Hcences 
 difficult to assess than in the case of an annual licence. 
 The better course, if it were possible, would be to fix only 
 the first year's payment and leave the second and sub- 
 sequent payments to be fixed at the end of the preceding 
 year. But this cannot be done, as all the conditions of the 
 licence must be expressed in it, and be dealt with on 
 confirmation. 
 
 Licensing Justices will probably be very chary of 
 granting new on-licences subject to annual renewal. 
 Claims to prescriptive rights having grown up, though 
 without legal foundation, under the Act of 1828, there is 
 no reason why similar claims should not be made, in course 
 of time, under the Act of 1904. It might, and no doubt, 
 would be said at the end of every year that unless some 
 change had taken place in the circumstances or the neigh- 
 bourhood, the licence ought to be renewed. Moreover, the 
 refusal to renew a new annual on-licence will be subject to 
 an appeal to Quarter Sessions. 
 
 It is possible that a new on-licence might be granted 
 for a term of one year only, if the intention be clearly 
 expressed, but probably no one would accept a term licence 
 for so short a period, except for a special purpose, such as 
 an exhibition. 
 
 The nearest approach to an annual licence would be a 
 licence granted for a term of two years. By this means 
 the licensing Justices would retain in their own hands 
 complete control over the licence. 
 
 49. The transfer of an on-licence granted for a term Transfer of 
 will take effect for the remainder of the term, and may be licences. 
 granted at an Annual Licensing Meeting as well as at 
 Special Sessions. Sect. 4 (3) (b). 
 
 In respect of term licences, any reference to Special Special 
 Sessions in any enactment relating to transfers or protection include 
 orders is to include a reference to the Annual Licensing ^^"."^^^ „ 
 
 1 P 1 Meeting lor 
 
 Meeting. Sect. 4 (3) (b). A careful perusal of the term licences.
 
 28 
 
 A PRACTICAL GUIDE TO THE 
 
 Application 
 of sums 
 received for 
 new on- 
 licences. 
 
 section will shew that this is not a general enactment 
 applicable to all licences. 
 
 50. Sums received in respect of new on-licences will not 
 be canned to the compensation fund, but will be collected 
 and dealt with as the duties on local taxation licences, 
 under Sect. 20 of the Local Government Act, 1888. 
 Sect. 4 (4). The local rates will receive the benefit, but 
 the amount will not be sufficient to create any undue 
 demand from the ratepayers for new on-Kcences. 
 
 The confirmation authority, on the confirmation of a 
 new licence, are to send particulars of it and of the payments 
 imposed, to the Commissioners of Inland Revenue, by 
 whom the amounts will be collected. R. 46. 
 
 Forfeiture of 
 on term 
 licences. 
 
 Variation of 
 conditionB 
 of now on- 
 licences. 
 
 51. On-Hcences granted for a term may be forfeited 
 in the same way as any other licences. They may also be 
 forfeited by order of a Court of Summary Jurisdiction, if 
 (1) any condition imposed by Sect. 4 of the new Act is 
 not complied with, or if (2) the licensee is convicted of an 
 offence committed by him as such. Sect. 4 (5). 
 
 These powers are only permissive, and will be exercisable 
 in the Metropolitan PoHce Courts District by the Police 
 Magistrates. There is a right of appeal against the order to 
 Quarter Sessions, under the Licensing Act, 1872, s. 52, and 
 the Summary Jurisdiction Acts. 
 
 The owner of a house, th« licence of which is forfeited 
 under this section, will have the same rights as an owner 
 under section 15 of the Act of 1874. The nature and 
 extent of these rights have been elucidated by the recent 
 decision of Chamhera v. Tower Justices, 1904, 2 K.B. 903. 
 
 52. The confirming authority may vary any conditions 
 attached to a new on-licence, but only with the consent of 
 the licensing Justices. Sect. 4 (6). 
 
 When the confirming authority desire to vary the con- 
 ditions, they are to send to the licensing Justices a 
 Htatomoiit of the ])roposod variations, with their reasons for 
 them. The licensing Justices are to hold a special meeting
 
 LICENSING ACT, 1904. 29 
 
 to consider the proposed variations, and are to send to the 
 confirming authority their decision with respect to them. 
 E. 46, 47. 
 
 53. Some doubt has been expressed whether the removal, Are removal 
 under Sect. 50 of the Act of 1872, of an existing on- licences? 
 licence will constitute a new licence under the Act of 1904. 
 It is 'submitted that it will. Sect. 50 of the Act of 1872 
 provides that upon an application for the removal of a 
 licence notices must be given as for a new licence. The 
 Justices cannot make the order of removal unless thej 
 are satisfied that no objection is made by the owner of the 
 premises to which the licence is attached. Subject to this 
 the section declares that the licensing Justices shall have 
 the same power to make an order of removal as they have 
 to grant new licences. 
 
 It has been urged that the definition of new licence in 
 the Act of 1872 is modified by the definition of existing 
 on-licence in the new Act. A removal order under Sect. 50 
 of the Act of 1872 is of no force until it is confirmed. It 
 is thus impossible that any removal order can in future 
 come within the definition of an existing on-licence, that is 
 a licence in force at the date of the passing of this Act — 
 15th August, 1904. The definition goes on to include a 
 licence transferred to any other person, but does not refer 
 to a licence transferred or removed to another place. 
 
 These legal questions may be avoided if the licensing 
 Justices let it become known that applications for removal 
 orders under Sect. 50 of the Act of 1872 will be more 
 favourably entertained if they take the form of applica- 
 tions for ordinary new licences. No general resolution 
 must, however, be passed, and the Justices must be careful 
 not to decline jurisdiction under Sect. 50. 
 
 Offi<iers of the Compensation Authority. 
 
 Secretary of SI 
 3s for the empl 
 of the Act. Sect. 6 (d). 
 
 54. A Secretary of State is empowered by the Act to Officers of 
 make rules for the employment of officers for the purposes authority.
 
 30 
 
 A PEACTICAL GUIDE TO THE 
 
 Clerk of Com- 
 mittees. 
 
 Treasurer and 
 other officers. 
 
 The Clerk of the Peace will be ex officio clerk to any 
 Committee appointed by Quarter Sessions in any Comity, 
 and in a County Borough the Clerk to the licensing 
 Justices will be ea- officio clerk to any Committee appointed 
 by those Justices. E. 48 (1). 
 
 Special provisions are made for the City of London and 
 certain County Boroughs. E. 48 (2). 
 
 The acts of a duly appointed deputy are to have the 
 same effect as if done by the Clerk. E. 48 (3). 
 
 The compensation authority are to appoint a Treasurer, 
 who is to give security, unless the Treasurer is a bank. 
 E. 49 (1). 
 
 The authority may also, with the consent of the Secre- 
 tary of State, appoint other officers. E. 50. 
 
 Eemuneration '55, The remuneration of the Clerk, Treasurer and other 
 of officers. officers will be fixed by the authority, subject to the 
 approval of the Secretary of State. E. 51. The amount" 
 will be payable out of the compensation fund. Sect. 3 (5). 
 
 Need of 
 officers for 
 renewal 
 authority. 
 
 Metropolitan 
 Police. 
 
 56. Although the Act enables the Secretary of State to 
 make rules for the employment of officers for the purposes 
 of this //c'^ (Sect 6) (d), the rules recently made provide only 
 for the employment of officers for the compensation 
 authority. The renewal authority will also require 
 officers, in addition to their Clerks, to procure the neces- 
 sary evidence and materials for preparing their reports, 
 and for other purposes under the Act. 
 
 The licensing Justices in the Metropolitan Police District 
 are much in need of officers to perform duties which, out- 
 side the metropolis, are carried out, in part by the County 
 or Borough Police, and in part by the County or Borough 
 Surveyors. The police of the metropolis are not under the 
 control of any municipal authority, and the licensing 
 Justices can give them no instructions. The statistical and 
 other information obtained by the Surrey Justices from the 
 (■ouTity y)olice in tlie Farnhara case, and by the Justices of 
 Birmiugliam and of other large towns from the Borough
 
 LICENSING ACT, 1904. 31 
 
 police — information which led to the suppression of many 
 licences — is wholly out of the reach of Justices of the 
 County of London. Nor have they power to direct the 
 police to cause a suspected house to be watched, and at 
 present they have no officers of their own to employ for 
 the purpose. The aid received by the licensing Justices from 
 the metropolitan police is limited — and there are no 
 doubt good reasons for it — to reports of convictions, 
 cautions, recorded complaints, and the result of enquiries as 
 to the character of proposed licensees. 
 
 An implied duty is cast by the Act upon the Hcensing Employment 
 Justices to satisfy themselves of the structural suitability ^o repcTrt^on 
 and efficiency of the licensed houses within their district, structure. 
 To carry out this duty properly the services of a 
 Surveyor are necessary. His remuneration may well be 
 considered as an expense incurred by licensing Justices 
 under the Act. 
 
 Division of Area. 
 
 57. Quarter Sesssons may divide their area into districts Division of 
 for the purposes of the Act. Sect. 5 (1). ^^^^ area. 
 
 When this power is exercised, notice of the fact is to 
 be published by advertisement, specifying the districts, 
 and a similar notice is to be sent to the Secretary of State 
 and the Commissioners of Inland Eevenue. E. 52, 
 
 The object of this provision may be to enable Quarter 
 Sessions to exempt areas in which large reductions in the 
 number of Ucensed houses have been made by voluntary 
 action on the part of the owners, in co-operation with the 
 licensing J ustices. The power may also be used to omit 
 in any year a certain area — say a Petty Sessional Divi- 
 sion — from the compensation rate, on the ground that no 
 licences in that area require extinction in that year. 
 This would make the rate bui'densome on the congested 
 areas, which are generally the poorer districts. The power 
 might be used to vary the rate of charge in each divided 
 area.
 
 32 A PRACTICAL GUIDE TO THE 
 
 Delegation to Coniniittees of Powers of Quarter Sessions. 
 
 Delegation of 58. Quarter Sessions ma// delegate any of their powers 
 powers to ^j. (j^j^fgg \^q g, Committee. Except in the case of a county 
 
 Uommittees. ^ •' 
 
 borough, they s/iall so delegate the powers, (1) of con- 
 firming new licences ; (2) of determining any question 
 as to the refusal of a renewal under the Act ; and (-3) 
 matters consequential thereon. Sect. 5 (2). 
 
 It would seem that a separate Committee may be 
 appointed for confirming new licences, but probably it 
 will be found more convenient to have only one Committee 
 to deal with all matters compulsorily delegated. 
 The Statutory The effect of this sub-section is that throughout the 
 "^ ■ Act, the words Quarter Sessions must, in most cases, be 
 understood to mean the Statutory Committee to whom 
 the powers (2) and (3) are to be delegated. The Com- 
 mittee's acts and decisions will be supreme, and require 
 no confirmation or adoption by the whole body of Justices. . 
 The Committee need not even make reports to Quarter 
 Sessions, although no doubt they will do so, if only for 
 the purpose of getting their proceedings recorded on the 
 Quarter Sessions rolls. 
 
 Such being their powers, it is obvious that great care 
 should be exercised in their appointment. Every Petty 
 Sessional Division should be represented, so far as possible, 
 in proportion to the number of licensed houses, or to 
 population, or to rateable value. An exact proportion 
 woidd give too strong a representation to tlie larger divi- 
 sions. As the work will — at all events for some time — 
 be somewhat heavy, the Statutory Committee should 
 be large enough to allow of sub-Committees being 
 appointed, who would, of course, have no power of 
 independent action. 
 I'owers not It may be doubtful wlietlier tlie Statutory Committee 
 
 iMf.fraU-A. jjg^jj exercise the power of dividing the Quarter Sessions 
 area into districts (Sect. 5 (1)), or of imposing charges 
 (Sect, 'i (2)), or of borrowing on the compensation fund 
 (Sect. 3 (5)), or of making rules (Sect. 5 (3)). It certainly
 
 LICENSING ACT, 1904. 33 
 
 cannot appoint Statutory Committees, or delegate to 
 itself or other Committees the powers of Quarter Sessions. 
 
 All powers which are by the rules to be exercised at Powers of 
 the prehminary, principal and supplemental meetings, and other 
 may be considered as compulsorily delegated. meetings. 
 
 The Statutory Committee would appear to have much Status of 
 the same status as the old County Licensing Committee, committee. 
 The Act does not du-ect that evidence shall be given on 
 oath, nor expressly empower the Committee to administer 
 an oath. The Rules, however, provide that the compensa- 
 tion authority may, if and to such extent as they think 
 fit, require any evidence to be given on oath. E. 87. It 
 is very desirable that all evidence should be given on oath. 
 The Committee will be a quasi- judicial body, and the 
 Crown Office, following its practice in regard to the 
 County Licensing Committee, will no doubt issue 
 subpoenaes to compel the attendance of witnesses and the 
 production of documents. 
 
 It has been suggested that the Statutory Committee Not a Court. 
 will, in fact, be Uuarter Sessions, by which is meant 
 apparently that the Committee will have all the powers of 
 Quarter Sessions. It will not have the powers of a Court 
 — still less of a Court of Record — for it is not a Court, but 
 a Committee. It cannot, for example, issue subpoenaes, 
 and it probably will not be contended that it can commit 
 for contempt. Nor can it state a Case for the opinion of 
 the High Court. The position is, of course, anomalous, 
 like that of the Justices at the Annual Licensing Meeting, 
 but it is intelligible and workable. 
 
 The procedure of the Committee will be regulated by Rules 
 the rules made by the Home Secretary, but these rules regulating its 
 
 '' _ "^ ' piocedure. 
 
 cannot, of course, alter its status or enlarge its jurisdiction. 
 
 59. Any meetings of Committees may be adjourned Adjournment 
 from time to time, and from place to place, the prescribed °* meetings. 
 notice being given in certain cases. R. 38. 
 
 60. Quarter Sessions may find it convenient to appoint Other Com- 
 other committees, under its permissive powers, to deal °^^ ^^^'
 
 34 
 
 A PEACTICAL GUIDE TO THE 
 
 Committees to 
 be Standing 
 Committees. 
 
 Quarter 
 
 Sessions 
 may make 
 rules as to 
 Committees. 
 
 witli matters not compulsorily delegated to the Statutory 
 Committee. A committee of selection, to recommend 
 names for the Statutory Committee, would seem desirable. 
 Committees would also be necessary to bring up recom- 
 mendations as to the exercise of the borrowing powers, to 
 supervise the management and audit of the compensation 
 fund, to recommend the rates to be fixed for the compen- 
 sation charge, the appointment and remuneration of 
 officers, the allowance of expenses, and possibly other 
 matters. Some of these subjects may be considered to be 
 delegated by the Act to the Statutory Committee, under 
 the phrase matters consequential thereon. 
 
 A Committee appointed by Quarter Sessions will be a 
 Standing Committee, and will continue in office until their 
 successors are appointed. Sect. 5 (2) and 6 (d), E. 53. 
 
 61. Quarter Sessions, with the approval of a Secretary 
 of State, may make rules as to the appointment of Com- 
 mittees and their number, quorum and procedure. Sect. 
 5 (3). 
 
 Any rules made by Quarter Sessions as to the procedure 
 of its Committees will be subject to rules made by a 
 Secretary of State on the same subject. Sect. 6 (e), 
 E. 39. 
 
 Committees in 62. Special provisions are made by the Act as to the 
 Boroughs and constitution of Committees in County Boroughs, and in 
 other Boroughs, not being County Boroughs, wliich liave a 
 
 separate commission of the peace. Sect. 5 (4 and 5). 
 
 IVoviHion of a 
 compensation 
 fund. 
 
 Provhion of a Competisation Fund. 
 
 63. In order to provide a compensation fund, Quarter 
 Sessions are required each year, unless they certify to the 
 Secretary of State tliat it is unnecessary to do so in any 
 year, to impose on all existing on-licences charges at rates 
 not exceeding the scale of maximum oliarges set out in 
 llie first 8cli<;dule. Sect. 3 (1).
 
 LICENSING ACT, 1904. 35 
 
 These charges are to be levied and paid as part of the 
 excise duties, and the amount is to be paid over in each 
 year to Quarter Sessions, under rules to be made by the 
 Treasury. Sect. 3 (2). 
 
 The next excise duties will be payable on the 10th 
 October, 1905, and the share representing the compensation 
 fund will probably not reach Quarter Sessions much before 
 January, 1906. Thus, unless the borrowing powers be 
 immediately exercised, no licence can be extinguished under 
 the Act until after the Annual Licensing Meeting to be 
 held in February and March, 1906. It is important, 
 however, that the compensation authority should know, as 
 soon as possible, what number of licences are likely to be 
 reported upon by the licensing Justices in March, 1906, 
 so that an estimate may be formed of the amount required 
 to be raised for the compensation fund, with a view to 
 imposing the statutory charges in time to be levied by the 
 Excise in October, 1905. 
 
 A Return printed by the House of Commons on the 
 3rd May, 1904, is annexed, showing for each County and 
 County Borough approximately the maximum sum leviable 
 under the Act. The amounts given are presumably 
 annual sums. App. B., p. 85. 
 
 64. The licensing Justices are to certify, on the Premises 
 
 application of the licensees, places which are entitled to a reduced rates 
 
 reduced rate not less than one-third of the compensation to te certified 
 
 rate charged in other cases. These places are specified in justices. 
 
 the foot-note to the first schedule. 
 
 The licensing Justices are also to certify what the And the 
 
 , TJ1111- 1 7-7-7 amount of the 
 
 reduced rate should be m each case. Ibia. reduced rate. 
 
 65. The deductions from rent authorised by the second Deductions 
 schedule to the Act do not concern the licensing Justices. ^°™ 
 Sect. 3 (3). 
 
 They only concern the compensation authority as an 
 element to be taken into account in assessing the 
 compensation money, when testing the reasonableness of 
 the sum agreed upon for compensation. 
 
 3
 
 36 
 
 A PRACTICAL GUIDE TO THE 
 
 Moneys 
 constituting 
 compensation 
 fund. 
 
 66. Sums paid to Quarter Sessions under the Act, or 
 received by Quarter Sessions from any other source, for 
 payment of compensation, are to be paid to a separate 
 account, and the moneys will constitute the compensation 
 fund. Sect. 3 (4). 
 
 The fees received by the clerk of the compensation 
 authority are apparently the only other source. R. 58. 
 
 As Quarter Sessions, since the Local Grovemment Act, 
 1888, are entirely without funds, the compensation fund 
 would seem to be the only account possible. 
 
 Expenses of 
 
 Quarter 
 
 Sessions. 
 
 Establishment 
 charges. 
 
 Expenses of 
 the licensing 
 Justices. 
 
 67. Any expenses incurred by Quarter Sessions under 
 the Act are to be paid out of the compensation fund. 
 Sect. 3 (5). They must be very considerable, for, in 
 addition to the remuneration of officers, the fees of valuers 
 and expert witnesses will be a large item. 
 
 The compensation fund ought to pay, and the county 
 or borough fund to receive, some proportion of the' 
 estabhshment charges in connection with the Sessions 
 House or other county or borough building in which the 
 meetings of the compensation authority are held. 
 
 The expenses of the licensing Justices, as allowed by 
 Quarter Sessions, are also to be paid out of the compen- 
 sation fund. These expenses would include obtaining 
 materials on which to base their reports, the preparation 
 of the reports and of evidence in support of them, the 
 appearance before the compensation authority and 
 consultations with that authority, and the cost of 
 ascertaining the monopoly cdlnc of new licences. 
 
 Compensation 
 authority to 
 have regard 
 to funds 
 availaldi:. 
 
 68. In the exercise of their powers under the Act, 
 (iuartor Sessions are to have regard to the funds available 
 for tlie purpose. Se(!t. 3 (5). This apparently must 
 moan that they are not to spend more money tlian they 
 have. They can only borrow Avitli the consent of the 
 Secretary of State. Sect. 3 (5).
 
 LICENSING ACT, 1904. 37 
 
 The Administration of the Compensation Fuixl. 
 
 69. The Rules relating to the formation, administration Administra- 
 and audit of accounts of the compensation fund deal with pensation 
 matters of detail which do not admit of being summarised, iu^id. 
 
 and are of interest chiefly to the officials whose duty it 
 will he to carry them out. 
 
 70. All sums received by the compensation authority Keceiptstobe 
 under the Act are to be paid to the Treasurer of that treasurer 
 authority. E. 57. It would be well to direct that a 
 
 banking account be opened in the names of the treasurer 
 or clerk and two members of the compensation authority, 
 and. that all sums due to the compensation fund be paid 
 direct to the banking account, upon warrants issued by 
 the treasurer. If all payments out of the fund are made 
 only by cheque or signed order on the banking account, 
 the treasurer would have no cash to deal with, except a 
 small sum drawn from the fund from time to time for 
 office expenses and petty disbursements. 
 
 71. Money payable out of the compensation fund is to Payments to 
 be paid on an order signed by two members of the com- g^t^^i orders^ 
 peusation authority and the treasurer, or if the treasurer 
 
 is a bank, by the clerk of the compensation authority. 
 E. 59. 
 
 72. Any fees paid to the clerk of the compensation Fees to be 
 authority are to be accounted for and paid over to the accounted for. 
 compensation fund. R. 58. These also could be paid 
 
 direct, at proper intervals, to the banking account. 
 
 73. Any balance in excess of current requirements is Investment of 
 to be placed on deposit at interest, or to be invested in 
 
 trust secui'ities, the interest being paid to the credit of the 
 compensation fund. E. 60. 
 
 74. A financial statement is to be prepared at the close Annual 
 of each year, in the form directed by the Secretary of 
 
 3a 
 
 433328
 
 38 
 
 A PRACTICAL GUIDE TO THE 
 
 The account- 
 ing year. 
 
 Appointment 
 of auditor 
 and audit. 
 
 State, but the Rules do not provide for an estimate for 
 the coming year. R. 61 (1). 
 
 75. The accounts are to be made up for each calendar 
 year, or for such other period as the compensation 
 authority, with the approval of the Secretary of State, 
 determine. R. 61 (2), 
 
 The most convenient period would be for the year 
 ending the 10th October, on which date most of the 
 excise licences expire. 
 
 76. The compensation authority are to appoint as 
 auditor a professional accountant, approved by the Secretary 
 of State, and to fix the remuneration, subject to the like 
 approval. R. 62. 
 
 A copy of the financial statement as audited and a 
 copy of the auditor's report are to be sent to the Secretary 
 of State. R. 64. 
 
 Borrowing 
 on compensa- 
 tion fund. 
 
 Borrowing by the Compensation Authority. 
 
 77. Quarter Sessions are empowered to borrow, with 
 the consent of a Secretary of State and under rules to 
 be made by him, upon the security of the compensation 
 fund, the money to be replaced within fifteen years. 
 Sect. 3 (5) and 6 (b), R. 65. 
 
 Ijoans to be 
 hy mortgage. 
 
 FormH of 
 mortgage. 
 
 78. Every loan is to be by way of mortgage of the com- 
 pensation fund, signed by at least two members of the 
 compensation authority, and by the treasurer, or if the 
 treasurer is a bank, by the clerk. R. 67. 
 
 Throe forms of mortgage are provided, according to 
 whether the loan is roi)ayable by means of a sinking fund, 
 or by instalments of capital, or by instalments of capital 
 and interest combined. R. 68, F, 26, A., B. and 0. 
 
 Sinking lunri. 7!J. Detailed provisions are made for establishing and 
 dealing witli ilio sinking fund, and for enforcing com- 
 pliance witli the Rules in regard to it. R, 69 and 70.
 
 LICENSING ACT, 1904. 39 
 
 80. If the compensation authority make default for one Appointment 
 
 . , . . ^ ^ no T • ^^ receiver. 
 
 month m paying an amount not less than htty pounds m 
 respect of any loan, a Receiver may be appointed by the 
 County Court, and all necessary orders may be made. 
 R. 71. 
 
 Miscellmif'om Provisions. 
 
 81. Except where special provision is made, documents Authentica- 
 of Quarter Sessions, the licensing Justices, or any committee documents. 
 will be sufficiently authenticated if signed by their clerk. 
 
 Sect. 6 (f), R. 54. 
 
 82. Quarter Sessions are to make such returns as the Returns to 
 Secretary of State may require with respect to their state. 
 own action and that of the licensing Justices, and the 
 confirmation authority are also to make returns as to new 
 licences. Sect. 7. 
 
 The licensing Justices are not called upon to make any 
 returns. 
 
 83. The area of Quarter Sessions for a County includes Provisions 
 non-County Boroughs. Sect. 8 (1). Ind?hrcfty' 
 
 In County Boroughs the whole body of Justices are *^* London, 
 substituted for Quarter Sessions. Sect. 8 (2). 
 
 The City of London is to be deemed a County Borough 
 Sect. 8 (3j. 
 
 84. When the question of the renewal or transfer of a Entries in 
 licence has been referred to the compensation authority, ^^^^ ^^' 
 the Clerk of the renewal authority is to record the fact in 
 
 the Register, and to enter particulars of the decision, and 
 where compensation becomes payable, the date of the 
 extinction of the licence. R. 8. 
 
 85. The Rules contain various provisions of a more or Notices under 
 less formal character as to the notices to be given, the 
 
 mode of publishing them by advertisement, and of sending 
 or serving them. R. 3 and 4.
 
 40 A PRACTICAL GUIDE TO THE 
 
 Forms. 8(3_ "pj^e forms scheduled to the Rules, or forms as near 
 
 thereto as circumstances permit, are to be used. R. 5. 
 
 Interpretation 87, The Interpretation Act, 1889, is applied to the 
 '■''^^'- interpretation of the Rules. R. 2 (2). 
 
 Short title, 88. The Act is to be cited as the Licensing Act, 1904, 
 
 extenrS^Act ^^^ ^^ ^^ ^® construed as one with the Licensing Acts, 
 
 1828 to 1902. It comes into operation on the 1st 
 
 January, 1905, and does not extend to Scotland or Ireland, 
 
 Sect. 10. 
 
 Off-licences. 
 
 W a&cted ^^' "^^^^ ^^^' ^°®® ^°^ ^Pt*^^ *° " °^ "-licences, except 
 
 that new off-licences will go before the new confirming 
 authority.
 
 LICENSING ACT, 1904. 
 
 41 
 
 THE LICENSING ACT, 1904. 
 
 4 EDW. 7, CAP. 28. 
 
 An Act to amend the Licensing Acts, 1828 to 1902, in 
 respect to the extinction of Licences and the grant of 
 new Licences. [15th August, 1904.] 
 
 Section 1. 
 
 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 Parhament 
 assembled, and by the authority of the same, as follows : — 
 
 1. — (1) The power to refuse the renewal of an existing on Reference to 
 
 licence, on a ny ground other than the ground that the licensed quarter 
 
 premises have been ill-conducted or are structurally deficient ^®®^^°?^ ° 
 
 , , 11 -ill 1 , 1 -ii 1 questions as to 
 
 or structurally unsuitable, or grounds connected with the renewal of 
 
 character or fitness of the proposed holder of the licence, or licences in 
 
 the ground that the renewal would be void, shall be vested certain cases. 
 
 in quarter sessions instead of the justices of the licensing 
 
 district, but shall only be exercised on a reference from those 
 
 justices, and on payment of compensation in accordance with 
 
 this Act. 
 
 In every case of the refusal of the renewal of an existing 
 on licence by the justices of a licensing district, they shall 
 specify in writing to the applicant the grounds of their 
 refusal. 
 
 (2) Where the justices of a licensing district on the 
 consideration by them, in accordance with the Licensing 
 Acts, 1828 to 1902, of applications for the renewal of licences 
 are of opinion that the question of the renewal of any 
 particular existing on licences requires consideration on 
 grounds other than those on which the renewal of an existing 
 on licence can be refused by them, they shall refer the matter 
 to quarter sessions, together with their report thereon, and 
 quarter sessions shall consider all reports so made to them, 
 and may, if they think it expedient, after giving the persons 
 interested in the licensed premises, 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
 
 42 
 
 LICENSING ACT, 1904. 
 
 Sections 
 2 AND 3. 
 
 Payment of 
 compensation 
 on non- 
 renewal of 
 licence. 
 
 Finiinf'ial 
 [irovirtionH. 
 
 licence of those premises (including the justices of the licensing 
 district), an opportunity of being heard, and subject to the 
 payment of compensation under this Act, refuse the renewal 
 of any licence to which any such report relates. 
 
 2. — (1) Where quarter sessions refuse the renewal of an 
 existing on licence under this Act, a sum equal to the difference 
 between the value of the licensed premises (calculated as if the 
 licence were subject to the same conditions of renewal as were 
 applicable immediately before the passmg of this Act, and 
 including in that value the amount of any depreciation of 
 trade fixtures arising by reason of the refusal to renew the 
 licence), and the value which those premises would bear if they 
 were not licensed premises, shall be paid as compensation to 
 the persons interested in the licensed premises. 
 
 (2) The amount to be so paid shall, if an amount is agreed 
 upon by the persons appearing to quarter sessions to be 
 interested in the licensed premises and is approved by quarter 
 sessions, be that amount, and in default of such agreement 
 and approval shall be determined by the Commissioners of 
 Inland Revenue in the same manner and subject to the hke 
 appeal to the High Court as on the valuation of an estate for 
 the purpose of estate duty, and in any event the amount shall 
 be divided amongst the persons interested in the licensed 
 premises (including the holder of the licence) in such shares as 
 may be determined by quarter sessions : 
 
 Provided that in the case of the licence holder regard shall 
 be had not only to his legal interest in the premises or trade 
 fixtures but also to his conduct and to the length of time 
 during which he has been the holder of the licence, and the 
 holder of a licence, if a tenant, shall (notwithstanding any 
 agreement to the contrary) in no case receive a less amount 
 than he would be entitled to as tenant from year to year of 
 the licensed premises. 
 
 (3) If c)n the division of the amount to be paid as compen- 
 sation any (juestion arises which quarter sessions consider can 
 be more conveniently determined by the county court, they 
 may refer that question to the county court in accordance 
 with rules of court to be made for the purpose. 
 
 (4) Any costs incurred by the Commissioners of Inland 
 Revenue c)n an appeal from their decision to the High Court 
 under this section shall, unless the High Court order those 
 costs to be paid by some party to the appeal other than the 
 Commissioners, be paid out of the amount to be paid as 
 compensation. 
 
 3. — (1) Quarter sessions shall, in each year, unless they 
 certify to tlie Secn^tary of State that it is uniK^cessary to do so 
 in any year, for the purposes of this Act impose in respect of
 
 LICENSING ACT, 1904. 
 
 43 
 
 all existing on licences renewed in respect of premises within Section 4. 
 their area, charges at rates not exceeding, and graduated in 
 the same proportion as, the rates shown in the scale of maxi- 
 mum charges set out in the First Schedule to this Act. 
 
 (2) Charges payable under this section in respect of any 
 licence shall be levied and paid together with and as part of 
 the duties on the corresponding excise licence, but a separate 
 account shall be kept by the Commissioners of Inland Revenue 
 of the amount produced by those charges in the area of any 
 quarter sessions, and that amount shall in each year be paid 
 over to that quarter sessions in accordance with rules made 
 by the Treasury for the purpose. 
 
 (3) Such deductions from rent as are set out in the Second 
 Schedule to this Act may, notwithstanding any agreement to 
 the contrary, be made by any licence holder who pays a charge 
 under this section, and also by any person from whose rent a 
 deduction is made in respect of the payment of such a charge. 
 
 (4) Any sums paid under this Act to quarter sessions in 
 respect of the charges under this section, or received by quarter 
 sessions from any other source for the payment of compensa- 
 tion under this Act, shall be paid by them to a separate 
 account under their management, and the moneys standing 
 to the credit of that account shall constitute the compensation 
 fund. 
 
 (5) Any expenses incurred by quarter sessions in the 
 payment of compensation under this Act, or otherwise in the 
 exercise of their powers or the performance of their duties 
 under this Act, and such expenses of the justices of the 
 licensing district incurred under this Act as quarter sessions 
 may allow, shall be paid out of the compensation fund, and 
 quarter sessions, in the exercise of their powers under this Act, 
 shall have regard to the funds available for the purpose. 
 
 Quarter sessions may, with the consent of a Secretary of 
 State, borrow in accordance with rules made under this Act, 
 on the security of the compensation fund, for the purpose of 
 paying any compensation payable under this Act. 
 
 4. — (I) The power of the County Licensing Committee to provisions 
 confirm new licences, and any other power of that committee as to new 
 shall be transferred to quarter sessions. licences. 
 
 (2) The justices, on the grant of a new on licence, may 
 attach to the grant of the licence such conditions, both as to ■ 
 the payments to be made and the tenure of the licence and as 
 to any other matters, as they think proper in the interests of 
 the public ; subject as follows : — 
 
 (rt) Such conditions shall in any case be attached as, having 
 regard to proper provision for suitable premises and 
 good management, the justices think best adapted for
 
 44 LICENSING ACT, 1904. 
 
 Section 4. securing to the public any monopoly value which is 
 
 represented by the difference between the value which 
 the premises will bear, in the opinion of the justices 
 when licensed, and the value of the same premises if 
 they were not licensed : Provided that, in estimating 
 the value as licensed premises of hotels or other 
 premises where the profits are not wholly derived from 
 the sale of intoxicating liquor, no increased value 
 arising from profits not so derived shall be taken into 
 consideration : 
 (b) The amount of any payments imposed under conditions 
 attached in pursuance of this section shall not exceed 
 the amount thus required to secure the monopoly 
 value. 
 
 (3) The justices may, if they think fit, instead of granting a 
 new on licence as an annual licence, grant the hcence for a 
 term not exceeding seven years, and where a licence is so 
 granted for a term — 
 
 (a) Any appHcation for a re-grant of the licence on the 
 expiration of the term shall be treated as an application 
 for the grant of a new licence, not as an application 
 for the renewal of a licence, and during the continuance 
 of the term the licence shall not require renewal : and 
 
 (h) Any transfer of the hcence shall, subject to any conditions 
 attached thereto on the grant, have efiect for the 
 remainder of the term of the licence, and may be 
 granted at a general annual licensing meeting as well 
 as at special sessions, and any reference to special 
 sessions in any enactment relating to transfers or pro- 
 tection orders 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 bo collected and dealt with 
 in the same manner as the iluties on local taxation licences 
 within the meaning of section twenty of the Local Government 
 Act, 1888. 
 
 (5) A licence granted for a term under this section may 
 (without prejudice to any other pr'ovisions as to forfeiture) be 
 forfeited, if any condition iniposid under this section is not 
 complied with, by order of a court of summary jurisdiction, 
 made on complaint, or, if the holder of the licence is convicted 
 of any offence committed by him as such, by the court by 
 whom he is convicted, but where a licence is so forfeited the 
 owner of the licensed premises shall have all the rights 
 
 37 & 38 Vict c<jrif(!rrc(l on owners l)y section fifteen of the Licensing Act, 
 C.49. " 1874.
 
 LICENSING ACT, 1904. 
 
 45 
 
 (6) On the confirmation of a new on licence, the confirming 
 authority may, with the consent of the justices authorised to 
 grant the licence, vary any conditions attached to the licence 
 under the provisions of this section. 
 
 5. — (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. 
 
 (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 section, and, except in a 
 county borough, shall so delegate their power of confirming 
 the grant of a new licence, and of determining any question 
 as to the refusal of the renewal of a licence under this Act and 
 matters consequential thereon, and county licensing committees 
 shall cease to be appointed under the Licensing Act, 1872. 
 
 (3) Quarter sessions 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 licences 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, 
 
 (5) The justices of any borough, not being a county borough 
 but having a separate commission of the peace, shall be en- 
 titled 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 licence under this Act and any matters con- 
 sequential 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. 
 
 Sections 
 5 AND 6. 
 
 Division of 
 area and 
 appointment 
 of committees 
 for purposes 
 of Act. 
 
 35 & 36 Vict., 
 c. 94. 
 
 6. A Seci'etary of State may make rules for carrying into Rules, 
 effect this Act, and may by those rules amongst other things — 
 
 (a) provide for the provisional renewal of Hcences which are 
 included in reports of the justices of a licensing district 
 under this Act, and for consultation with those 
 justices as to their reports, and for the time and
 
 46 
 
 LICENSING ACT, 1904. 
 
 Sections 
 7 TO 9. 
 
 Eeturns to 
 Secretary of 
 State. 
 
 manner of the consideration of those reports and of the 
 payment of compensation ; and 
 
 (b) provide for the enforcement of any security given for 
 
 money borrowed, and for the time, not exceeding 
 fifteen years, within which money borrowed is to be 
 replaced ; and 
 
 (c) regulate the management and application of the com- 
 
 pensation 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 con- 
 
 sideration of the reports of justices of a licensing 
 district under this Act and on any hearing under this 
 Act with reference to the refusal of the renewal of on 
 licences or the approval or division of the amount to 
 be paid as compensation ; and 
 (/) provide for the authentication of any documents on 
 behalf of quarter sessions or their committees. 
 
 7. Quarter sessions, with respect to their own action and 
 that of the justices of licensing distidcts under this Act, and 
 the confirming authority, with respect to new licences granted 
 under this Act, shall in each year make such returns to the 
 Secretary of State as the Secretary of State may require. 
 
 Authorities g. — (1.) The area of quarter sessions for a county shall for 
 
 and areas. ^\-^^^ purposes of this Act include any boi'ough (not being a 
 
 county borough) or any part thereof which is locally situated 
 
 in that county. 
 
 (2) This Act shall apply to a county borough as if it were 
 a county, with the substitution for (juarter sessions of the whole 
 body of justices acting in and for the borough. 
 
 (3) The City of London for the purposes of this Act shall be 
 deemed to be a county borough. 
 
 Application 
 of Act to 
 Hpecial CHWH, 
 and inter- 
 pi<;talioii. 
 
 9. — (1 ) The provisions of this Act shall apply to the transfer 
 of an existing on licence as they apply to the renewal of an 
 existing on licence, with the substitution of transfer for 
 renewal. 
 
 (2) If the justices of a licensing district refuse to renew an 
 existing on licence on the ground that the holder of tlie licence 
 lias jxirsistently and unreasonably refust^d to supply suitable 
 njfroHlinKint (other then intoxicating hcjuor) at a reasonable 
 price, oi- f)n tli«! ground that the holder of the licence has 
 faiknl to fullil any rcvisonable un(l(U'takirig given to the 
 justices on the grant or renewal of the licence, the justices
 
 33 & 34 Vict., 
 29. 
 
 LICENSING ACT, 1904. 47 
 
 shall be deemed to have refused the licence on the ground that Section 9. 
 the premises had been ill-conducted : 
 
 Provided that where the justices, on an application for the 
 renewal of an existing on licence, ask the licence holder to 
 give an undertaking as aforesaid, they shall adjourn the hear- 
 ing of the application, and cause notice of the required under- 
 taking to be served upon the registered owner of the premises, 
 and give him an opportunity of being heard. 
 
 (3) Section nineteen of the Wine and Beerhouse Act, 1869, 32 & 33 Vict 
 and section seven of the Wine and Beerhouse Amendment ^•-'J 
 Act, 1870, are hereby repealed, and, in the application of 
 this Act to licences to which the said section nineteen extends, 
 the grounds mentioned in section eight of the Wine and Beer- 
 house Act, 1869, shall be substituted for the gi'ounds mentioned 
 in this Act as the grounds on which the power to refuse the 
 renewal of an existing on licence is reserved to the justices of 
 a licensing district. 
 
 (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 
 
 The expression " quarter sessions " means, as respects a 
 county, the court of quarter sessions for that county : 
 
 Provided that, where quarter sessions have custo- 
 marily 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 licence " means a licence 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 construed accord- 
 ingly ; and the expression "existing on licence" means 
 an on licence in force at the date of the passing of this 
 Act, and includes a licence granted by way of renewal 
 from time to time of a licence so in force, whether 
 such licence continues to be held by the same person, 
 or has been or may be transferred to any other 
 person or persons :
 
 48 LICENSING ACT, 1904. 
 
 Section 10. Provided that, where a provisional grant and order 
 
 of confirmation of an on licence has been made before 
 the passing of this Act under section twenty-two of 
 the Licensing Act, 1874, and is subsequently declared 
 to be final under that section, the licence shall, 
 although not in force at the date of the passing of 
 this Act, be deemed to be an existing on licence : 
 
 The expression " transfer " means a transfer under section 
 9 Geo. 4. fQUj. Qj. section fourteen of the Alehouse Act, 1828. 
 
 c. 61. 
 
 Short title, 10. — (1) This Act maybe cited as the Licensing Act, 1904, 
 
 construction, and may be cited and shall be construed as one with the 
 menceme'nt Licensing Acts, 1828 to 1902. 
 
 (2) This Act shall come into operation on the first day of 
 January nineteen hundred and five. 
 
 (3) This Act shall not extend to Scotland or Ireland. 
 
 / 
 
 ^ /
 
 LICENSING ACT, 1904. 
 
 49 
 
 SCHEDULES. 
 
 SCHEDULE L 
 Scale of Maximum Charges. 
 
 Schedule I. 
 Section 3. 
 
 Annual Value of Premi 
 
 3es to be taken as for the purpose 
 
 of the 
 
 Maximi] 
 
 m 
 
 
 Publican's 
 
 Jjicen'-e Duty. 
 
 
 Rate of Charge. 
 
 f 
 
 £ 
 
 
 
 
 £ 
 
 8. 
 
 d. 
 
 Under 
 
 15 
 
 - 
 
 . 
 
 - 
 
 1 
 
 
 
 
 
 15 and under 
 
 20 
 
 - 
 
 
 
 - 
 
 2 
 
 
 
 
 
 20 „ 
 
 25 
 
 - 
 
 . 
 
 - 
 
 3 
 
 
 
 
 
 25 „ 
 
 30 
 
 - 
 
 
 
 - 
 
 4 
 
 
 
 
 
 30 „ 
 
 40 
 
 - 
 
 
 
 - 
 
 6 
 
 
 
 
 
 40 „ 
 
 50 
 
 - 
 
 
 
 - 
 
 10 
 
 
 
 
 
 50 „ 
 
 100 
 
 . 
 
 
 
 - 
 
 15 
 
 
 
 
 
 100 „ 
 
 200 
 
 - 
 
 
 
 - 
 
 20 
 
 
 
 
 
 200 „ 
 
 300 
 
 . 
 
 . 
 
 - 
 
 30 
 
 
 
 
 
 300 „ 
 
 400 
 
 - 
 
 . 
 
 . 
 
 40 
 
 
 
 
 
 400 „ 
 
 500 
 
 
 . 
 
 - 
 
 50 
 
 
 
 
 
 500 „ 
 
 600 
 
 . 
 
 
 
 - 
 
 60 
 
 
 
 
 
 600 „ 
 
 700 
 
 - 
 
 
 
 - 
 
 70 
 
 
 
 
 
 700 „ 
 
 800 
 
 - 
 
 
 
 - 
 
 80 
 
 
 
 
 
 800 „ 
 
 900 
 
 . 
 
 . 
 
 - 
 
 90 
 
 
 
 
 
 900 and over 
 
 
 - 
 
 - 
 
 - 
 
 100 
 
 
 
 
 
 The rate of charge in the case of an hotel or other premises to which 
 sub-Section (i) of Section 43 of the Inland Eevenue Act, 1880, apj^lies 43 & 44 Vict, 
 shall be one-third of that charged in other cases, and, in the case of c. 20. 
 any licensed premises which are certified by the justices of the licensing 
 district on the application of the holder of the licence to be used only as 
 public gardens, picture galleries, exhibitions, places of public or private 
 entertainment, railway refreshment rooms, bona fide restaurants or eating 
 houses, or for any other purpose to which the holding of a licence is merely 
 auxiliary, such rate, not less than one-third of that charged in other cases, 
 as the justices think proper under the circumstances. 
 
 N.B. — Sect. 43 (4) of the Inland Revenue Act, 1880, is as follows: — 
 " Where in the case of premises of the value of £50 or upwards it shall 
 be proved to the satisfaction of the Commissioners that the premises are 
 structurally adapted for use as an Inn or Hotel for the reception of guests 
 and travellers desirous of dwelling therein, and are mainly so used, the 
 amount of duty to be paid on a licence to retail spirits shall not exceed 
 £20. Provided that the relief under thissub-Sectien shall not be given in 
 case any portion of the premises is set apart and used as an ordinary 
 public house for the sale and consumption therein of liquors, and the annual 
 value of such portion in the opinion of the Commissioners, exceeds £25."
 
 50 
 
 LICENSING ACT, 1904. 
 
 Schedule II. 
 Section 3. 
 
 SCHEDULE II. 
 
 Scale of Deductions. 
 
 A person whose unexpired ) 1 year may deduct ) , „ ,, , 
 
 term does not exceed - ) a sum equal to - j ^^^ Pe^ <^ent. of the charge. 
 2 years 
 3 
 
 9 
 10 
 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 
 Exceeds 25 hut does not 
 
 30 
 35 
 40 
 45 
 50 
 55 
 
 loes not \ 
 exceeed ) ^0 years 
 
 35 
 40 
 45 
 50 
 55 
 60 
 
 82 
 76 
 70 
 65 
 60 
 55 
 50 
 45 
 41 
 37 
 33 
 29 
 25 
 23 
 21 
 19 
 17 
 15 
 14 
 13 
 12 
 ]1 
 10 
 
 7 
 6 
 5 
 4 
 3 
 2 
 1 
 
 But the amount deducted shall in no case exceed half the rent.
 
 LICENSING RULES, 1904. 51 
 
 STATaXORY RULES AND ORDERS, 1904. 
 
 1791. 
 
 No. 
 
 L. 32 
 
 INTOXICATING LIQUOR, ENGLAND. 
 
 Rules made by the Secretary of State for the Home Rules i to 3. 
 Department, dated December 20, 1904, under 
 Section 6 of the Licensing Act, 1904. 
 
 I hereby, in pursuance of Section 6 of the Licensing Act, 
 1904, make the following Rules : — 
 
 General Provisions. 
 1. These Rules may be cited as the Licensing Rules, 1904. 
 
 2.— (1) In these Rules— 
 
 " The Act" means the Licensing Act, 1904 : 
 
 " The compensation authority " means, as respects a 
 county, the quarter sessions for that county, and, as 
 respects a county borough, the whole body of 
 Justices acting in and for the borough, and in either 
 case includes, with regard to any matter delegated 
 to a committee under sub-Section (2) of Section 5 
 of the Act, the committee to which the matter is 
 delegated : 
 
 " The renewal authority " means the justices having power 
 to renew a licence, or, where a committee of justices 
 have power to renew a licence, that committee : 
 
 "The licensee" in respect of any licensed premises means 
 the holder of the licence : 
 
 " The registered owner " in respect of any hcensed 
 premises includes any person whose name appears 
 on the register of licences as the owner of those 
 premises. 
 
 (2.) The Interpretation Act, 1889, applies for the purpose 
 of the interpretation of these Rules as it applies for the 
 purpose of the interpretation of an Act of Parliament. 
 
 3. Any notice required to be published under these Rules 
 by the compensation authority shall be published by advertise- 
 ment in two local newspapers circulating in the area of that 
 authority, and, if the authority think fit, in such further 
 manner as the authority direct. 
 
 4
 
 52 LICENISING RULES, 1904. 
 
 Rules 4 to 7. 4. — (1.) Any notice or other document required or author- 
 ised to be sent for the purpose of these Rules shall be in 
 writing. 
 
 (2.) Any notice or other document rec^uired or authorised 
 by these Rules to be sent to an authority shall be deemed 
 to be duly sent if sent by post addressed to the clerk of the 
 authority at his usual othce. 
 
 (3.) Any notice or other document required or authorised 
 by these Rules to be sent by an authoi'ity may be sent by the 
 clerk of that authority. 
 
 (4.) Any notice or other document required or authorised 
 by these Rules to be sent to the licensee or the registered 
 owner of any licensed premises otherwise than as a person 
 entitled to compensation shall be deemed to be duly sent if 
 sent by post addressed to the licensee or the registered owner 
 at any address supplied for the purpose to the clerk of the 
 compensation authority by that licensee or registered owner, 
 or, if no such address is supplied, at the licensed premises. 
 
 (5.) Any notice or other document required or authorised 
 by these Rules to be sent to a pers( m entitled to compensation 
 after the persons so entitled are ascertained under these Rules 
 shall be deemed to be duly sent if sent by post addressed to 
 that person at his registered address, or, if no registered 
 address has been supplied, if so sent to such address as the 
 clerk of the compensation authority, in the exercise of his 
 discretion, believes to be the address of the person to whom 
 the notice or document is to be sent. 
 
 5. The forms set out in the Schedule to these Rules, or 
 forms as near thereto as circumstances admit, shall be used in 
 all cases to which those forms are applicable. 
 
 6. Any failure on the part of any authority or any person 
 to comply with the provisions oi these Rules with respect tr> 
 any proceedings of or before the compensation authority shall 
 not render those proceedings or anything done in f>ursuance 
 thereof invalid unless the compensation auth<jrity so direct, but 
 any such proceedings or anything so done may be set aside 
 either wholly or in part, ov conlirmed, or may be amended or 
 otherwise dealt with, on such terms as the compensation 
 authoiity think fit. 
 
 IVansmission of List of Rfiferred Licences and Reports. 
 
 7. As Sf)on as may be after the conclusion of the general 
 annual licensing meeting in each year, and in any case before 
 the thirtieth day of April, the renewal authority shall send to 
 the compensation authority a list of any matters referred to 
 the compensation authority under Section 1 of the Act,
 
 LICENSING RULES, 1904. 53 
 
 together with their reports thereon, or, if there is no such Rules 
 
 reference, a notification to that effect. ^^ ^'^^ 
 
 8. Where the question of the renewal or transfer of any 
 Hcence has been referred to the compensation authority, it 
 shall be the duty of the clerk of the renewal authority to enter 
 in the register of licences a record of that fact, and also to 
 enter particulars of the decision of the compensation authority 
 as to the renewal or transfer of the licence, and, in cases 
 where compensation becomes payable, the date of the extinc 
 tion of the licence. 
 
 Meetings. 
 (i.) Preliminary Meeting. 
 
 9. The compensation authority shall in each year, unless no 
 reports have been received from renewal authorities before 
 the thirtieth day of April, hold a meeting (in these Rules 
 referred to as " the preliminary meeting ") for the preliminary 
 consideration of any reports from renewal authorities within 
 their area. 
 
 The preliminary meeting may be held at any time after 
 I'eports or notifications have been received from all those 
 authorities, but shall in any case be held before the last day 
 of May. 
 
 10. At the preliminary meeting the compensation authority 
 shall consider, as a whole, and with regard to the funds at 
 their disposal and the general circumstances and needs of their 
 area, any reports received by them from the renewal authorities 
 within their area. 
 
 11. ( I ) The compensation authority shall send to every 
 renewal authority from whom a report has been received not 
 less than seven days' notice of the date fixed for the prelimin- 
 ary meeting ; and the chairman of any such renewal authority 
 and any number of members of that authority, not exceeding 
 two, appointed by the authority for the purpose, and any 
 officer of that authority so appointed, shall have the right of 
 attendinsf the preliminary meeting for the purpose of consulting 
 with the compensation authority as to the report of the 
 renewal authority. 
 
 (2) This Rule shall not apply in a case where all the mem- 
 bers of the renewal authority are also members of the compen- 
 sation authority. 
 
 12. No person shall have a right to be present at the 
 preliminary meeting other than the members of the compensa- 
 tion authority and the representatives of renewal authorities 
 who have the right to attend for consultation in pursuance of 
 
 4a
 
 54 LICENSING RULES, 1904. 
 
 RrLEs these Rules and any other person authorised by the compen- 
 13 TO 17. .sation authority to attend. 
 
 13. If at their preliminary meeting the compensation 
 authority, after considering the reports of the renewal autho- 
 rities, decide, in the case of any licence to which any report 
 relates, not to proceed upon the report in respect of that 
 licence, the compensation authority shall, as soon as may be, 
 send notice of their decision to the licensee and to the regis- 
 tered owner of the licensed premises affected thereby, and to 
 the renewal authority. 
 
 (ii.) Principal Meeting. 
 
 14. The compensation authority shall (if requisite), as soon 
 as may be after the conclusion of the preliminary meeting, 
 hold a meeting (in these Rules referred to as " the principal 
 meeting ") for the purpose of coming to a final decision as 
 respects any case of a licence referred to them by the renewal 
 authority in which they have decided to proceed under the 
 Act. 
 
 1 5. The compensation authority shall, not less than fourteen 
 days before the day fixed for their principal meeting, publish, 
 notice of the time and place of the meeting, and shall also send 
 a similar notice to the licensee and to the registered owner of 
 the licensed premises afi'ected, and to any renewal authority 
 by whom any case to be dealt with at the meeting has been 
 referred. 
 
 16. The licensee and the registered owner of any licensed 
 premises in the case of which the compensation authority have 
 decided to proceed under the Act, and any person who satisfies 
 the clerk of the compensation authority that he is interested 
 in the question of the renewal of the licence of any such pre- 
 mises shall, at any time after the close of the preliminary 
 meeting, be entitled to obtain from the clerk of the compen- 
 sation authority, on payment to the clerk of a fee to be fixed 
 by the compensation authority, not exceeding fourpence for 
 every folio or part of a folio, a copy t)f the part of the renewal 
 authority's report which relates to those premises, or, if in 
 the opinion of the clerk that part cannot be conveniently 
 extracted, a copy of the whole of the report. 
 
 17. At the principal meeting the compensation authority 
 shall deal with the cases before them in such order as they 
 determine, but, if they think that the same facts and consider- 
 ationH are a])pli(able to more than one case, may deal with 
 those cases togetlici', and on each case they shall give an 
 opportunity ol being heard to all persons to whom they are
 
 LICENSING RULES, 1904. 55 
 
 required to give that opportunity under Section 1 of the Rules 
 
 Act. 18™ 22. 
 
 1 8. The compensation authority shall, as soon as may be after 
 they have decided upon any case, send notice of their decision 
 to the renewal authority by whom the case has been referred, 
 and to the licensee and to the registered owner of the licensed 
 premises atlected by the decision ; and, if the renewal of the 
 licence is refused, shall also send notice of their decision to the 
 Conunissionex's of Inland Revenue. 
 
 1 9. The proceedings at the principal meeting shall be open 
 to the public except during any private consultation of the 
 members of the compensation authority among themselves. 
 
 20. Anything which may be done at a supplemental 
 meeting under the provisions of these Rules may be done, if 
 the compensation authority think it convenient, at the 
 principal, instead of at a supplemental, meeting ; but anything 
 so done shall be provisional and subject to reconsideration for 
 the purpose of giving effect to any decision of the compen- 
 sation authority with respect to any claim, subsequently sent 
 in under these Rules, of a person to be treated as a person 
 interested in the licensed premises. 
 
 (iii.) Supplemental Meetings. 
 Ascertainment oj' Persons eiititled to Compensation, 
 
 21. Where the compensation authority at their principal 
 meeting decide to refuse to renew the licence of any licensed 
 premises, they shall, as soon as may be, publish a notice 
 specifying the licensed premises and stating that, if any person 
 other than the licensee or the registered owner claims to be 
 treated as a person interested in the licensed premises, he 
 must, within twenty-one days after the publication of the 
 notice, send to the compensation authority a written claim 
 giving particulars of the interest claimed. 
 
 22. The persons interested in the licensed premises within 
 the meaning of sub-Section (2) of Section 2 of the Act (la 
 these Rules referred to as " the persons entitled to compen- 
 sation.") 
 
 (1) shall be deemed to be the licensee and the registered 
 
 owner of the premises, if no claim to be treated as a 
 person interested in the licensed premises is sent in 
 to the compensation authority under these Rules ; 
 and 
 
 (2) if a claim is so sent in, shall be deemed to be the 
 
 persons who are determined to be the persons entitled 
 to compensation, in accordance with these Rules.
 
 56 LICENSING RULES, 1904. 
 
 RuLEs^ 23. Where a claim to be treated as a person interested in 
 
 "^^ ■^'- the licensed premises is sent in to the compensation authority 
 under these Rules, that authority shall, as soon as may be, 
 hold a supplemental meeting for considering the claim, and, 
 not less than seven days before the day fixed for the meeting, 
 send notice of the time and place of the meeting to the 
 licensee and to the registered owner of the licensed premises 
 and to the claimant and to any other person who has made a 
 claim with respect to those premises. 
 
 24. The licensee and the registered owner of the licensed 
 premises, and any person who has made a claim under these 
 Rules with respect to those premises, shall at any time before 
 the meeting be entitled to obtain from the clerk of the com- 
 pensation authority copies of any claim relating to those 
 premises sent to that authority under these Rules, on 
 payment to the clerk of a fee to be fixed by the compensation 
 authority, not exceeding fourpence for every folio or part of a 
 folio. 
 
 25. At any meeting so held the compensation authority 
 shall, after giving the licensee and the registered owner of the 
 licensed premises, and the claimant and any other person who 
 has made a claim with respect to those premises, if present, - 
 an opportunity of being heard with reference to the claim, 
 decide on the validity of the claim and, after all the claims 
 with respect to those premises have been disposed of, 
 determine who are the persons entitled to compensation 
 within the meaning of these Rules with respect to those 
 premises. 
 
 26. Each of the persons entitled to compensation shall 
 supply to the clerk of the ct)mpensation authority the address 
 to which any notice or other document which is to be sent to 
 him under these Rules is to be directed, and that address is 
 in these Rules referred to as his registered address. 
 
 A]iproval of Compensation Money when agreed, and Settlement 
 of Shares. 
 
 27. J'he compensation authority shall, after the time 
 limited by the Rules for the sending in of claims has elapsed, 
 hold a supplemental meeting for the purpose of considering 
 whether their approval should be given to any sum agreed 
 upon by the persons entitled to compensaticm and submitted 
 lo tliriii as the money to be paid as compensation (in these 
 RuUrs i'(!f<!rr(!d to as "compensation money"), and of settling 
 th(! shares in tliat conipcinsation money; and at that meeting 
 shall giv<! any person cntithul to comjic^nsation an opportunity 
 of being heard with respect t(j those matters.
 
 LICENSING KULES, 1904. 57 
 
 Any such supplemental meeting may, if the compensation Rules 
 
 authorit}' think tit, be held on the same day as a supplemental " "^^ ^^• 
 meeting for the determination of the persons entitled to 
 compensation. 
 
 28. The compensation authority shall, if the meeting is to 
 he held on the same day as the meeting for the determination 
 of the persons entitled to compensation, include in the notice 
 of the latter meeting a statement to that effect, and, if not, 
 send, not less than seven days before the day fixed for the 
 meeting, notice of the time and place of the meeting to the 
 persons entitled to compensation. 
 
 29. Where the persons entitled to compensation agree upon 
 a sum to be submitted to the compensation authority as the 
 amount of compensation money, a written statement to that 
 effect containing the sum agreed upon, signed by or on behalf 
 of all those persons, must be lodged with the compensation 
 authority at the meeting or previously thereto. 
 
 30. — (1) At the meeting the compensation authority shall, 
 if an agreement as to the sum to be paid as compensation 
 money is submitted to them for their approval, consider 
 whether their approval shall be given to that sum, and, if their 
 approval is so given, shall proceed to settle the shares of the 
 persons entitled to compensation in that sum. 
 
 (2) If the amount of compensation money remains to be 
 determined otherwise than by means of an agreement approved 
 by the compensation authority, the compensation authority 
 shall either adjourn the meeting until the amount of the com- 
 pensation money has been so determined, in order that the 
 shares of the persons entitled to compensation may subsequently 
 be settled with reference to the actual amount so determined, 
 or, if they think fit and are of opinion that no person's claim 
 will be prejudiced thereby, proceed to fix the proportions in 
 which the compensation money, when the actual amount is 
 determined, is to be divided amongst those persons. 
 
 (3) Where the proportions in which the compensation 
 money is to be divided when the actual amount is determined 
 are fixed under this Rule by the compensation authority, the 
 clerk to the compensation authority shall, as soon as may he 
 after the amount has been determined, settle the amount of 
 the respective shares of the persons entitled to compensation, 
 in accordance with the proportions so fixed. 
 
 31. If the amount of compensation money remains to be 
 determined otherwise than by means of an agreement approved 
 by the compensation authority, the compensation authority 
 shall send a notice of the fact to the Commissioners of Inland 
 Revenue, accompanied l)y a statement of the names and 
 addresses of the persons entitled to compensation.
 
 58 LICENSING RULES, 1904. 
 
 RtLEs 32. In cases where the amount of compensation money is 
 
 32 TO 37. determined otherwise than by means of an agreement approved 
 bj' the compensation authority, the compensation authority 
 may, before the amount of the shares is settled under these 
 Eules, require that a certificate of the Inland Revenue 
 Commissioners as to the amount determined as compensation 
 money, or such other evidence of that amount as they think 
 sufficient, be lodged with them. 
 
 33. The amount (if any) of any costs incurred by the Com- 
 missioners of Inland Revenue on an appeal from their decision 
 and not otherwise provided for shall be paid by the com- 
 pensation authority to the Commissioners of Inland Revenue 
 out of the compensation fund ; and before the shares of the 
 persons entitled to compensation in the compensation money 
 are settled, either by the compensation authority at their 
 adjourned meeting or by the clerk in accordance with the 
 proportions fixed by the compensation authority, a deduction 
 shall be made from the amount of compensation money 
 divisible equal to the amount so to be paid to the Com- 
 missioners. 
 
 Payment of Compensation Money. 
 
 34. As soon as may be after the shares in which the ' 
 amount of compensation money is to be divided have been 
 settled, the compensation authority shall send notice to the 
 persons entitled to compensation that the compensation money 
 is payable, and fix a day, not less than two weeks nor more 
 than six weeks after the date of the notice, for the payment 
 of the amount of the respective shares in the compensation 
 money. 
 
 35. <^n the day fixed the compensation authority shall 
 pay to each person entitled to compensation his share of the 
 compensation money, by sending to him an order on the 
 compensation fund, the payment of which is made conditional 
 on the signature of the form of receipt attached thereto. 
 
 36. The compensation authority shall, at the same time as 
 they send notice to the persons entitled to compensation of 
 the day fixed for payment of the ct)mpensation money, send a 
 similar notice to the renewal authctrityand to the superintendent 
 or other chief oilicer of police of the district in which the 
 licensed premises in respect of which the compensation is paid 
 are situate. 
 
 General Provisions as to Meetings. 
 
 37. The compensation authority may, if and to such extent 
 as they think fit, reijuire any evidence given before them at 
 any meeting held under these Rules to be given on oath.
 
 LICENSING RULES, 1904. 59 
 
 38. Any meetings required under these Rules to be held by Rules 
 
 the compensation authority may be adjourned from time to 
 time and from place to place, so far as necessaiy for the final 
 conclusion of the business to be transacted at those meetings ; 
 and the compensation authority shall, if the meeting is 
 adjourned for more than fourteen days, publish notice of the 
 day and time fixed for the adjourned meeting, and shall send 
 a similar notice to any persons to whom notice of the original 
 meeting is required by these Rules to be sent, or, if 
 the questions to be decided at the adjourned meeting 
 affect only the persons entitled to compensation, to those 
 persons. 
 
 39. Subject to the provisions of these Rules, the proceedings 
 at any meeting of the compensation authority shall be in 
 accordance with Rules made by that authority under sub- 
 Section (3) of Section 5 of the Act. 
 
 40. Nothing in these Rules shall prevent the reference of 
 any question to the county court by the compensation authority 
 under sub-Section (3) of Section 2 of the Act ; and where any 
 question is so referred the decision of the county court thereon 
 shall for the purposes of these Rules be treated as the decision 
 of the compensation authority. 
 
 Provisional Renewal of Licences. 
 
 41. Where, under Section 1 of the Act, the renewal 
 authority refer the question of the renewal of a licence to the 
 compensation authority, the renewal authority shall grant the 
 renewal of the licence in accordance with the terms of the 
 application, but shall insert in the licence a statement as to 
 the renewal of the licence being provisional. 
 
 42. If the compensation authority refuse the renewal of any 
 licence the renewal of which is provisional, or, in a case where 
 the renewal is provisional in consequence of the reference to 
 the compensation authority of the question of the transfer of 
 the licence, refuse the transfer of the licence, the licence shall 
 cease to have effect as from the expiration of the seventh day 
 after the date fixed under these Rules for the payment of the 
 compensation money. 
 
 43. Where compensation becomes payable in the case of a 
 licence provisionally renewed, and it appears to the renewal 
 authority at the next general annual licensing meeting after 
 the licence has been provisionally rejjewed that the compensa- 
 tion money has not been paid and is not likely to be paid 
 before the next fifth day of April, they shall, on a proper 
 application being made for the purpose at that meeting, grant 
 
 38 TO 43.
 
 60 LICENSING RULES, 1904. 
 
 EuLEs a further provisional renewal of the licence in accordance with 
 ^^ ^° ^^- the foregoing Rules. 
 
 Provisional Transfer of Licences. 
 
 44. Where under Section 1 of the Act as applied by sub- 
 Section (1) of Section 9 the justices of a licensing district 
 refer the question of the transfer of a licence to the compensa- 
 tion authority, those justices shall grant a transfer of the 
 licence in accordance with the terms of the application, but 
 shall insert in the transfer a statement as to the transfer being 
 provisional. 
 
 45. Where the question of the transfer of a licence is so 
 referred to the compensation authority, the report of the 
 justices with respect to the transfer shall be transmitted to the 
 compensation authority at the close of the next general annual 
 licensing meeting, and the compensation authority shall con- 
 sider that report together with the reports of renewal autho- 
 rities as to the renewal of licences, and the provisions of these 
 Rules shall apply accordingly : 
 
 Provided that — 
 
 (1) Any renewal of the licence at the general annual 
 
 licensing meeting shall, whether the question of the 
 renewal is referred to the compensation authority or 
 not, be provisional only, and the provisions of these 
 Rules as to provisional renewal shall apply accord- 
 ingly ; and 
 
 (2) If the licence is extinguished by reason of the refusal 
 
 of the renewal authority to renew the licence on 
 grounds on which the power to refuse is reserved to 
 them under the Act, the case shall not be proceeded 
 with ; and 
 
 (3) The compensation author-ity, in dealing with the 
 
 ([uestion of the transfer, shall have special regard to 
 the circumstance that the renewal authority at their 
 general anoual licensing meeting have, or have not, 
 referred to them the question of the renewal of the 
 licence. 
 
 Ne.'iv Jjii'eiircs. 
 
 46. Th(! confinniug authority on the coniirmatioii of a new 
 on-licence shall, as soon as may be after the licence is con- 
 finned, send a notice to the Commissioners (»f Inland Revenue 
 C(mtaining i)articulars of the premises in respect of which the 
 new licence is granted, and of the amount of any payments 
 imposed under the conditions attaclK^d lo th(^ grant of the 
 licence, and of the (hir.ation of the Hicncc if the licence is 
 granted for a term.
 
 LICENSING RULES, 1904. 61 
 
 47. — (1) Where the confirming authority desire to vary Rules 
 
 under sub-Section (6) of Section 4 of the Act any conditions ''^^ 
 
 attached to the grant of a new licence, they shall send to the 
 justices authorised to grant the licence a statement of the 
 variations proposed by them, together with their reasons for 
 the proposed variations. 
 
 (2) As soon as may be after the receipt of any such state- 
 ment the justices shall hold a meeting, of which special notice 
 shall be given to each acting justice, for the purpose of con- 
 sidering and, if they think fit, consenting to the proposed 
 variations. 
 
 (3) The justices shall send notice of their decision with 
 respect to the proposed variations, as soon as may be, to the 
 confirming authority. 
 
 (4) The consent of the justices authorised to grant a new 
 licence may be given to the variations proposed by the con- 
 firming authority at the meeting at which the variations are 
 proposed, if the justices authorised to grant the new licence 
 are all members of the confirming authority and a number of 
 those justices is present equal to the number which would con- 
 stitute a quorum of those justices for the purpose of granting 
 a new licence. 
 
 Officers. 
 
 48. — (1) The clerk of the peace shall be ex officio clerk to 
 any committee appointed by quarter sessions under or for the 
 purpose of the Act in a county, and in a county borough 
 the clerk to the licensing justices shall be ex-ofiicio clerk to 
 any committee appointed by those justices under or for the 
 purposes of the Act. 
 
 (2) Where in the city of London, or in any county borough, 
 more than one person acts as clerk to the whole body of 
 justices, the person who acts as clerk for the purpose of their 
 licensing business shall act as clerk to those justices for all 
 purposes of the Act. 
 
 (3) Anything which under these Rules is authorised or 
 required to be done by the clerk of the compensation authority 
 shall, if done by his deputy duly appointed, be of the same 
 efi'ect for the purposes of these Rules as if it were done by 
 the clerk. 
 
 49. — (1) The compensation authority shall appoint some 
 person or some bank to be their treasurer, and the treasurer 
 (if not a bank) shall give to the compensation authority such 
 security as they may require. 
 
 (2) On the appointment of any person or bank to be the 
 treasurer in pursuance of this Rule, the compensation authority 
 shall send a notification of the appointment to the Com- 
 missioners of Inland Revenue.
 
 62 
 
 LICENSING EULES, 1904. 
 
 Rules 50. The compensation authority may, with the consent of 
 
 the Secretary of State, appt)int such other officers (if any) as 
 they think necessary for the proper performance of the duties of 
 the authority. 
 
 51. The remuneration of the clerk, and of the treasurer 
 and any other officers appointed under these Rules shall be 
 such as may be fixed by the compensation authority with the 
 consent of the Secretary of State. 
 
 Division of Area. 
 
 52. Where the compensation authority divide their area 
 into districts for the purposes of the Act, they shall forthwith 
 publish notice of the fact specifying the districts into which 
 the area is divided, and shall also send a similar notice to 
 the Secretary of State and to the Commissioners of Inland 
 Revenue. 
 
 Committees of Quarter Sessions to be Standing Committees. 
 
 53. A committee appointed by quarter sessions under 
 Section 5 of the Act shall be deemed to be a standing com- 
 mittee of the quarter sessions by whom they were appointed 
 for the period for which they are appointed, or, if no period 
 is fixed, until their successors are appointed, and their 
 jurisdiction and proceedings shall not be afiected by the 
 termination of the sessions at which they were appointed. 
 
 Autlientication (f Documents. 
 
 54. Except where special provision is made in pursuance 
 of any Act or under these Rules, any documents shall, for the 
 purposes of the Act, l)e sufficiently authenticated on behalf of 
 quarter sessions, or the justices of a licensing district, or any 
 committee acting under the Act, if purporting to be signed 
 by their clerk. 
 
 Compensation Fu nd. 
 
 55. Where the compensation authority determine to impose 
 any charges under Section ,'} of the Act, they shall publish 
 notice of their determination and of the rate of charge deter- 
 mined upon, and shall also send a similar notice to the Com- 
 missioners of Inland Revenue. 
 
 56. — (1) Where in the case of any licensed piemises a rate 
 of charge less than the rate charged in other cases is, on the 
 application of the holder of a licence, authorised by the 
 justices of a licensing district under the note contained in the 
 First Schedule to the Act, the clerk of the justices shall give 
 a certificate of their decision t(j the applicant and also send a
 
 LICENSING RULES, 1904. 63 
 
 copy of the certificate to the Commissioners of Inland Revenue Rules 
 
 and to the compensation authority. ^° 
 
 (2) Special notice shall be sent by the clerk of the justices 
 of a licensing district to every acting justice of any meeting 
 at which any application under the note contained in the 
 First Schedule to the Act is to be considered. 
 
 57. All sums received by the compensation authority in 
 respect of charges under the Act, or from any other source 
 for the payment of compensation, shall be paid to the 
 treasurer of the compensation authority and credited by him 
 to the compensation fund. 
 
 58. Any fees paid under these Rules to the clerk of the 
 compensation authority for furnishing copies of any document 
 shall be accounted for by him and paid into the compensation 
 fund. 
 
 59. Money authorised by the compensation authority to be 
 paid but of the compensation fund shall not be paid except on 
 an order signed by two members of the compensation authority 
 and by the treasurer of that authority or, if the treasurer is a 
 bank, the clerk of that authority. 
 
 60. It shall be the duty of the compensation authority to 
 see that any balance, in excess of current requirements, standing 
 to the credit of the compensation fund is placed on deposit 
 at interest, or invested in any manner authorised by law for 
 investments by trustees, and that the interest thereon is paid 
 to the credit of the compensation fund. 
 
 61. — (1) It shall be the duty of the compensation authority 
 to cause proper accounts to be kept in connection with the 
 compensation fund, and a financial statement to bs prepared 
 at the close of each year in the form directed by the Secretary 
 of State. 
 
 (2) The accounts shall be made up for each calendar year, 
 or for such other period as the compensation authority, with 
 the approval of the Secretary of State, determine. 
 
 Audit. 
 
 62. — (1) The compensation authority shall appoint a pro- 
 fessional accountant, approved by the Secretary of State, to be 
 the auditor of their accounts. 
 
 (2) The auditor may be appointed for a term not exceeding 
 three years, but a retiring auditor shall be eligible for re- 
 appointment. 
 
 (3) The remuneration of the auditor shall be such as may 
 be fixed by the compensation auth(jrity with the consent of a 
 Secretary of State.
 
 6-i LICENSING RULES, 1904. 
 
 Rules q^. As soon as may be after the close of the year for 
 
 63 TO 69, 
 
 which the accounts are made up, the compensation authority 
 shall submit to the auditor for examination the detailed 
 accounts, together with the vouchers and authorities for 
 receipts and payments, and shall also submit, for the 
 auditor's certificate, the annual financial statement required 
 by these Rules. 
 
 64. A copy of the financial statement, as certified by the 
 auditor, shall be sent by the compensation authority to the 
 Secretary of State, together with a copy of any report made 
 by the auditor in regard thereto. 
 
 Borroiving hy the Coinpennativn Authority. 
 
 65. All money borrowed shall be re-paid within such period, 
 not exceeding fifteen years, as the Secretary of State shall 
 determine in each case. 
 
 66. Every application for the consent of the Secretary of 
 State to the borrowing of money shall state (a) the period 
 for which it is proposed that the loan should run, (h) the 
 proposed rate of interest, (c) the reasons which in the 
 opinion of the compensation authority render the borrowing 
 as proposed advisable, and (d) an estimate of the proportion 
 which the annual amount required for the service of the 
 loan will bear to the total annual amount which can be 
 raised under the Act in their area if the maximum charges 
 are imposed. 
 
 67. Every loan I'aised under the Act shall be by way of 
 mortgage of the compensation fund signed by at least two 
 members of the compensation authority and by the treasurer 
 of that authority or, if the ti'easurer is a bank, the clerk of 
 that authority. 
 
 68. The comy)ei)sation authority shall provide for the repay- 
 ment of every loan either by equal yearly or half-yearly 
 instalments of principal or of principal and interest combined, 
 or by means of a sinking fund established in accordance with 
 these Rules. 
 
 69. Where a loan is to be repaid by means of a sinking 
 fund, the compensation authority shall establish a sinking fund 
 as follows : — 
 
 (1) Sucli e(|ual yearly <>r halt'-ycvii'ly sums shall be paid 
 into the sinking fund in each year as, being 
 accumulalef) at compound interest will, in the 
 o|iiMi(»ii of I lie, Sccr-ctary of State, at tlie expiration
 
 LICENSING RULES, 1904. 65 
 
 of some period not lonj^er than the period for Rules 
 
 which the loan is authorised be sufficient, after 
 payment of all expenses, to discharge the loan ; 
 
 (2) The first of such payments shall he made within one 
 
 year from the date of the loan ; 
 
 (3) All sums paid into the sinking fund shall, as soon as 
 
 may be, be invested by the compensation authority 
 in securities in which trustees are, for the time 
 being, by law authorised to invest, and any invest- 
 ments made in pursuance of this piovision may from 
 time to time be varied or transposed ; and all 
 dividends and other annual sums received in respect 
 of any investments shall, as soon as may be after 
 they are received, be paid into the sinking fund and 
 invested by the compensation authority in like 
 manner ; 
 
 (4) The compensation authority may from time to time 
 
 apply the sinking fund, or any part thereof, in or 
 towai'ds the discharge of the loan for which it was 
 created, and until that loan is discharged shall not 
 apply the sinking fund, or any part thereof, for any 
 other purpose ; 
 
 (5) Any surplus of the sinking fund remaining after 
 
 the discharge of the loan for which it was created 
 shall be paid into some other sinking fund under 
 the control of the compensation authority, or, if there 
 is no such other sinking fund, into the compensation 
 fund ; 
 
 (6) Where any part of the sinking fund is employed in 
 
 paying off any part of the loan before the period for 
 which the loan is authorised, the interest which 
 would otherwise be payable on that part of the loan 
 shall be paid into the sinking fund and invested as 
 hereinbefore provided. 
 
 70. If it appears to the Secretary of State that the compen- 
 sation authority have failed to comply with the provisions of 
 these Rules with respect to the sinking fund, he may, if he 
 thinks fit, after hearing the compensation authority, if they 
 desire to be heard, by order direct the compensation authority 
 to remedy the default, and the compensation authority shall 
 c(jmply with any order so made. 
 
 7 1 . — ( I ) Where a compensation authority makes default for 
 a period of one month in paying an amount of not less than 
 fifty pounds (whether in one sum or separate sums) for the 
 time being due in respect of any loan raised under the Act, the 
 persons entitled to the said amount, or any of those persons,
 
 66 LICENSING RULE8, 1904. 
 
 Form 1 may, without prejudice to any other remedy, apply to the 
 county court of the district in which the office of the treasurer 
 of the compensation authority is situated for the appointment 
 of a receiver ; and any receiver so appointed (subject to any 
 direction which may be given by the court) shall, as occasion 
 requires, pay out of the compensation fund any sum the 
 payment of which is so in default, together with all sums due 
 while he is receiver on or in respect of any such loan, and all 
 costs, charges, and expenses incurred in or about the appoint- 
 ment of such receiver, and the execution of his duties under 
 this Rule, including a proper remuneration for his trouble, and 
 for that purpose may raise such sums as are necessary by 
 means of charges under Section 3 of the Act. 
 
 (2) The receiver shall have the same power (to be exercised 
 subject to and in accordance with the provisions of these 
 Rules) as the defaulting compensation authority have, of 
 imposing charges under Section 3 of the Act, for the 
 purpose of raising any money which he is required by this 
 Rule to pay, and shall have such access to and use of the 
 documents of the defaulting authority relative to the charges 
 as he may require. 
 
 (3) The county court may remove the receiver and appoint 
 another in his stead, and make such orders and give such 
 directions as to the powers and duties of the receiver, and 
 otherwise as to the disposal of the moneys received by him, as 
 may be thought fit for carrying this Rule into effect. 
 
 A. AKERS-DOUGLAS, 
 
 One of His Majesty's Principal 
 Secretaries of State. 
 Home Office, 
 
 December 20th, 1904. 
 
 SCHEDULE. 
 
 FORMS. 
 Form 1. 
 The Licensing Act, 1901. 
 List of Licences referred by the Renewal Authority. 
 Licensing District of 
 To the compcnsiition authority for tlic iiivAi comi)rising the ahovo 
 (listrict,. 
 
 At till' gcrnTfil iiiiiiuiil licensing meeting holdcn at 
 on the (lay of for the iibuve-iiaiiied licensing 
 
 district we, being the renewal authority for the said district, decided to
 
 LICENSING RULES, 1904. 
 
 67 
 
 refer to you, under Section 1 of the Licensing Act, 1904, the question of Fohms 
 
 the renewal of the licences held in respect of the premises specified 2 and 3. 
 below : — 
 
 Name and Situation 
 of Premises. 
 
 Natiu-e of Licence, i Licensee. 
 
 Resistered Owners. 
 
 Beport. 
 In connection with the question so referred, we report as follows : — 
 
 \_Signed on hehalfofthe reneival authority.'] 
 
 Clerk of the renewal authority. 
 Dated 
 
 FOKM 2. 
 
 The Licensing Act, 1904. 
 
 Notice of Preliminary Meeting. 
 
 County [or County Borough] of 
 
 To the renewal authority of the licensing district of 
 
 Notice is hereby given that the preliminary meeting to be held pursuant 
 to the Licensing Rules, 1904, by the compensation authority for the above 
 area will be held at on the 
 
 day of (ff). 
 
 Your attention is called to Rule 11 of the Licensing Rules, 1904. 
 
 \_Signed'] 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 (a) This must be 
 a day not less 
 than seven day s 
 after the date of 
 the notice and 
 earlier than the 
 last day of May. 
 
 Form 3. 
 
 The Licensing Act, 1904. 
 
 Notice of Decision at Preliminary Meeting not to proceed with any 
 Case. 
 
 County {or County Borough] of 
 
 To the renewal authority of the licensing district of 
 
 \_or To A.B., the licensee [or the registered owner] of the premises 
 known as , and specified in the subjoined list]. 
 
 Notice is hereby given that at their preliminary meeting held on 
 the day of 
 
 the compensation authority for the above area, decided not to proceed 
 
 5
 
 68 
 
 LICENSING EULES, 1904. 
 
 Form -1 
 
 upon the report of the renewal authority so far as regards the licences 
 [or licence] of the licensed pi'emises specified in the subjoined list, and in 
 consequence no further proceedings will now be taken by the compensation 
 authority in respect of the licences [or licence] of those premises. 
 
 Lint of Fremises. 
 
 Nnme and Situation 
 of Premises. 
 
 Licensee. 
 
 Registered Owners. 
 
 \_!Si(ined'] 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 id) This must be 
 a day not less 
 than fourteen 
 days after the 
 dute of the 
 notice. 
 
 Form 4. 
 
 A. Form of Fublic Notice. 
 The Licensing Act, 1904. 
 Notice of Principal Meeting. 
 County [or County Borough] of 
 
 Notice is hereby given that the principal meeting to be held pursuant 
 to the Licensing Rules, 1904, by the compensation authority for the 
 above area, will be held at on the 
 
 day of {((). 
 
 And notice is hereby also given that the compensation authority will 
 at the meeting be prepared to hear, with reference to the renewal of the 
 licences of the several premises specified in the subjoined list, all those 
 persons to whom under the Licensing Act, 1904, they are bound to 
 give an opportunity of being heard ; that is to say, the persons 
 interested in any licensed premises in question and, unless it appears to 
 the compensation authority unnecessary, any other persons appearing to 
 them to be interested in the question of the renewal of the licence of 
 those premises (including the justices of the licensing district.) 
 
 List of Litriiscd FrnHincx. 
 
 ( 'Icrk ol' coiMpcHsiilion authority.
 
 LICENSING RULEW, 1904. 
 
 69 
 
 Form 4. 
 
 B. Form of Notice to Special Persons and Authorities. 
 
 The Licensing Act, 1904. 
 
 Notice of Principal Meeting. 
 
 Connty [or Coimty Borough] of 
 
 To A.B., the licensee [or the registered owner] of the premises known 
 MS , and specified m the subjoined list. 
 
 \_()r To the renewal authority for the licensing district of 
 •] 
 
 Notice is liereLy given Lliat the priutipal meeting to be held pursuant 
 to the Licensing kules, 1904, by the compensation authority for the above 
 area will be held at on the day of {») ■ 
 
 And notice is herebj^ also given that the compensation authority will 
 at the meeting be prepared to hear, with reference to the renewal of the 
 licences of the several premises specified in the subjoined list, all those 
 persons to whom under the Act they are bound to give an opportunity of 
 being heard ; that is to say, the persons interested in any licensed premises 
 in question and, unless it appears to the compensation authority 
 unnecessary, any other persons appearing to them to be interested in the 
 question of the renewal of the licence of those premises (including the 
 justices of the licensing district). 
 
 [{b) Your attention is also called to Rule 20 of the Licensing Rules, 
 1904.] 
 
 [(c) It will be noticed that the renewal authority are entitled to be 
 heard at this meeting.] 
 
 List of Licensed Premises. 
 
 Forms 
 
 4 AND 5. 
 
 Name and Situation 
 of Premises. 
 
 Nature of Licence. 
 
 Licensee. 
 
 [Signed^ 
 Dated 
 
 Clerk of the compensation authority. 
 
 Form 5. 
 
 The Licensing Act, 1904. 
 
 Notice of Decision at Principal Meeting. 
 
 County [or County Borough] of 
 
 To A.B., the licensee [or the registered owner] of the premises specified 
 below. 
 
 [Or To the renewal authority for the Licensing District of 
 
 [Or (a) To the Commissioners of Inland Revenue.] 
 
 Notice is hereby given that the compensation authority for the above 
 area, at their principal meeting held on the day of 
 
 5a 
 
 (a) This must be 
 a day not less 
 than f(nirteen 
 days after the 
 date of the 
 notice. 
 
 (6) To be added 
 when the notice 
 is sent to the 
 hcensee or 
 registered, 
 owner. 
 
 (c) To be added 
 when the notice 
 is sent to the 
 renewal 
 authority. 
 
 (a) Only where 
 the renewal of 
 a hcence has 
 been refused.
 
 '0 
 
 LICENSING RULES, 1904. 
 
 Form 6. 
 
 (i) To be added 
 where the 
 renewal of the 
 licence is 
 refused and 
 the notice is 
 sent to the 
 licensee or 
 registered 
 owner. 
 
 [and the day of ] decided, in pursuance ol' 
 
 their powers under the above Act, to refuse [or not to refuse] the renewal 
 of the licence of the premises specified below. 
 
 [(i) Compensation becomes therefore payable, and your attention is 
 called to Rules 21 to 36 of the Licensing Rules, 1904.] 
 
 The premises above referred to. 
 
 Name and Situation 
 or Premises. 
 
 Nature of Licence. 
 
 Licensee. Registered Owners. 
 
 [_Si(i7ied'] 
 
 Dated 
 
 Clerk of compensation authority. 
 
 (a) This must 
 be a day 
 twenty-one 
 days after the 
 date of the 
 publication of 
 the notice. 
 
 Form 6. 
 
 The Licensing Act, 1904. 
 
 Notice as to sending in Claims to be treated as persons interested in 
 Licensed Premises. 
 
 County [or County Borough] of 
 
 Notice is hereby given that, the compensation authority for the above 
 area having decided at their principal meeting held on the day of 
 
 [and the day of ] to refuse the renewal of the 
 
 licence of the premises specified below, all persons claiming to be interested 
 in the said premises for the puipose of the payment of compensation under 
 the said Act (other than the licensee and the registered owner of the said 
 premises) are required to send to the compensation authority notice of 
 their claims before the day of {a) for the purpose of 
 
 enabling the compensation authority to ascertain in manner provided by 
 the Licensing Rules, 1904, the persons entitled to compensation under the 
 said Act in respect of the said premises. 
 
 Notice of claims must bo given in the form annexed, and may be sent 
 to the clerk of the co"npensation authority at his office at 
 
 Licensed rremises. 
 
 \_Suji,rd'] 
 
 Clerk of coiupensatioii authority. 
 Da'ed
 
 LICENSING RULES, 1904. 
 
 71 
 
 Form 7. 
 
 The Licensing Act, 1904. 
 
 Notice of Claim to be treated as a person interested in Licensed 
 Premises. 
 
 County [or County Borough] of 
 
 To the compensation authority for the above area. 
 
 Notice is hereby given that I, A . B., of , claim 
 
 to be interested for the purpose of the payment of compensation under the 
 Licensing Act, 1904, in the licensed premises known as 
 and specified below. 
 
 The particulars of my claim are as follows : — 
 
 \_The claimant must give full particulars of his claim and specify any 
 instrument or document on which he relies. ] 
 
 Licensed Premises in respect of which the claim is made. 
 
 Name and Situation 
 ■of Premises. 
 
 Nature of Licence. 
 
 Licensee. 
 
 Re^stered Owners. 
 
 [Signature of Claimant.] 
 
 Dated 
 
 Forms 
 
 7 AND 8. 
 
 Form 8. 
 
 The Licensing Act, 1904. 
 
 Notice of Supplemental Meeting to consider claims. 
 
 County [or County Borough] of 
 
 To A.B., the licensee of [or the registered owner of] [or a person having 
 made a claim to be treated as a person interested for the purpose of the 
 payment of compensation under the Licensing Act, 1904, in] the premises 
 known as and specified below. 
 
 Notice is hereby given that claims of persons claiming to be treated as 
 persons interested in the above licensed premises for the purpose of the 
 payment of compensation under the Licensing Act, 1904, have been made 
 in respect of those premises, as shown below, and that the compensation 
 authority for the above area, will hold a meeting on the day of 
 
 , [a] in pursuance of the Licensing Rules, 1904, (^j This must be 
 for the purpose of considering those claims and of determining who are the a day not less 
 persons entitled to compensation. than seven days 
 
 after the date of 
 
 [If it is intended on the same day to hold a further meeting for eonsiderif' g the notice. 
 the question of approving any amount agreed as compensation money, and for 
 settling the shares in thu conpensation money, add : And notice is further 
 hereby given that at the close of that meeting the compensation authority 
 will hold a further meeting for considering whether, if a proper agreement
 
 72 
 
 LICENSING RULES, 1904. 
 
 Form 9. as to the sum to be submitted to the compensation authority for their 
 approval as the amount of the compensation money is lodged with them, 
 their approval shall be given to that sum, and further for settling the 
 shares, or fixing the proportions, in which the compensation money is to 
 be divided among the persons entitled to compensation. 
 
 Any agreement as to the sum to be submitted to the compensation 
 authority for their approval as the amount of compensation money must 
 be in the form prescribed by the Licensing Rules, 190-i, and must be 
 lodged with the compensation authority either at the meeting or 
 previously.] 
 
 You should attend the meeting if you desire to state your views in 
 relation to these matters, or any of them, to the compensation authority. 
 
 Licensed Fremisex in irupccf of ahicli V/aiins hure been received. 
 
 ^"ame and 
 Situation 
 
 of 
 Premises. 
 
 Names 
 
 and Addresses 
 
 of 
 
 Claimants. 
 
 \_SigHed'\ 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 Form 9. 
 
 The Licensing Act, 1904. 
 
 Notice of Supplemental Meeting to settle Shares in the Compensation 
 
 Money. 
 
 County \or County Borough] of 
 
 To A.B., of , a person 
 
 entitled to compensation under th(! Licensing Act, 1904, in the licensed 
 premises known as , and specified below. 
 
 Take notice that a meeting of the compensation authority for the above 
 area, will Vie held at on the day of 
 
 ^, . „aj.i,e ("^ ^^^ ^^^ purpose of considering whether, if a proper 
 
 a da'v not less agreement as to the sum to be submitted to tlu^ compensation authority for 
 than HRvendays their approval as the amount of compensation money in respect of th(! said 
 aftcTthe date of pr^niises is lodged with them, their approval shall be given to that sum, 
 o nn.if . ^^^^ further for the purpose of scuttling the shares, or fixing the propor- 
 
 tions, in which the said compcTisatioii nuniey is lo be divided among the 
 jiorsons spi^citied Ixdow. 
 
 Any agreement as to tlie sum lo lie submitted to the compensation 
 aulbiiiity for their apiiroval as the amount of compensation nuiney must 
 be in file form prcscribeil liy the Incensing Rules, 1901, and must l)t^ 
 lodged with till' (ouiix'iisiitidn authority at tb(! meeting (ir jireviously. 
 
 Vou shouM attend the meeting if y<m desire to state your views in 
 relation to these matters, or any of them, to the compensation authority. 
 
 the notice.
 
 LICENSING RULES, 1904, 
 
 Licensed Premises above referred to. 
 
 73 
 
 Names and Situation 
 of Premises. 
 
 Nature of liicence. 
 
 Names and Registered Addresses 
 
 of Persons entitled to 
 
 Compensation. 
 
 [ Signed^ 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 Form 10. 
 
 The Licensing Act, 1904. 
 
 Agreement as to the Sum to be submitted to the Compensation Authority 
 for their approval as the Amount of Compensation Money. 
 
 County \or County Borough] of 
 
 We, whose names are subscribed hereto, being the several persons 
 entitled to compensation under the Licensing Act, 1904, and the Rules 
 made under that Act, in respect of the licensed premises specified below, 
 have agreed that the sum of should be submitted to the 
 
 compensation authority for their appi-oval as the compensation monej' to 
 be paid in res]Dect of the said premises. 
 
 L'lcensed Premises above referred to. 
 
 Names and Situation 
 of Premises. 
 
 Names and Addresses of Persons 
 entitled to Compensation. 
 
 \_SiguatHres of the persons interested or of their ayenls.'\ 
 Dated 
 
 Forms 
 10 AND 11. 
 
 Form 11. 
 
 The Licensing Act, 1904. 
 
 Notice to the Commissioners of Inland Revenue that the amount- of the 
 Compensation Money remains to be determined by them. 
 
 County [or County Borough] of 
 
 To the Commissioners of Inland Revenue : — 
 
 We beg to acquaint you that in default of the agreement and approval 
 mentioned in sub-Section {'!) of Section 2 of the Licensing Act, 1904, the 
 amount to be paid under the Act as compensation in respect of the ijre- 
 mises specified below remains to be determined by you. 
 
 The names and addresses of the persons entitled to compensation arc 
 stated below.
 
 Form 12. 
 
 74 
 
 LICENSING RULES, 1904. 
 Licensed Premises above referred to. 
 
 Persons entitled to compensation. 
 
 Name. 
 
 Address. 
 
 l_Si(/>ied on behalf of the compensation authority.'] 
 
 Clerk of the compensation authority. 
 Dated 
 
 (a) This must be 
 a 'lay not less 
 than two weeks 
 nor more than 
 six weeks after 
 the date of the 
 notife. 
 
 {!>) The seventh 
 day alter the 
 date fixed for 
 payment. 
 
 Form 12. 
 
 The Licensing Act, 1904. 
 
 Notice of Dates for Payment of Compensation Money and Expiration of 
 
 Licence. 
 
 County [or County Borough] of 
 
 To A.B., a person entitled to compensation under the Licensing Act, 
 1904, in respect of the premises specified below. 
 
 \_0r To the renewal authority for the licensing district of .] 
 
 [Or To the superintendent [or chief officer] of police for the district 
 of .] 
 
 Notice is hereby given that compensation under the Licensing Act, 
 1904, in respect of the licensed premises specified below has now become 
 payable, and that the respective shares in the compensation money of the 
 persons entitled to compensation in respect of the said premises will 
 be paid to them on the day of [a), and that 
 
 the licence provisionally renewed in respect of the said premises will 
 therefore expire on the day of {b). 
 
 Licensed Premises above referred to. 
 
 Name and Situation 
 of Premises. 
 
 Names and Addresses of Persons 
 entitled to Compensation. 
 
 [Signed'] 
 Clerk of tlio compensation authority. 
 
 Dated
 
 LICENSING RULES, 1904. 
 
 75 
 
 
 
 
 
 
 
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 76 
 
 LICENSING RULES, 1904. 
 
 FOKMS 
 14 TO 11 
 
 Form 14. 
 
 The Licensing Act, l'J04. 
 
 Notice of Adjourned Meeting. 
 
 County [or County Borough] of 
 
 To 
 
 Notice is hereby given that the («) meeting of the 
 
 (n) Specify t^en compensation authority for the above area which was adjourned on the 
 
 day of , 1 will be continued at on the 
 
 meeting. 
 
 (6) Notice of an 
 adjournment 
 need not be 
 given unless the 
 meeting is 
 adjourned for 
 more than 
 fourteen days. 
 
 day of , [and the 
 
 ,] will be continued at 
 day of [b) 
 
 [Sti/ncd'] 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 (o) To meet 
 cases where 
 the renewal is 
 provisional in 
 consequence of 
 the reference 
 of a question 
 of transfer. 
 
 Form 15. 
 
 Statement to be inserted in a Licence provisionally renewed. 
 
 Note.- — This licence is granted provisionally pursuant to the Licensing 
 Act, 1904, and the Rules made under that Act. 
 
 If the compensation authority to whom the question of the renewal 
 [(«) or transfer] of the licence of the above-mentioned premises has been 
 referred under that Act, I'efuse the renewal [(«) or transfer] of the licence^ 
 the licence will cease to have effect, if then in force, as from the expiration 
 of the seventh day after the date, to be subsequently fixed in pursuance 
 of those Rules, for the payment of compensation. 
 
 (a) To meet 
 cases where 
 the renewal is 
 provisional in 
 consequence of 
 the reference 
 of a question 
 of transfer. 
 
 Form 16, 
 
 Statement to be inserted in a Licence further provisionally renewed. 
 
 Note.- This licence is granted provisionally pursuant to the Licensing 
 Act, 1904, and the Rules made under that Act ; and, inasmuch as the com- 
 pensation authority to whom the question of the renewal \_{a) or transfei] 
 of th(> licence of the above-mentioned jjremises was referred under the Act 
 have refused tlie renewal \_{'() or tranf<f('r] of the licenc(\ the licence will 
 cease to have tiffed as from the expiration of the seventh day after the 
 date to be subsequently fixed in pursuance of those Rules, for the payment 
 of compensation. 
 
 Form 17. 
 
 Statement to be inserted in a I'ruvisioiial Transfer. 
 
 No'iK,.- This transfer is grantisd provisionally jiursuant to the Licensing 
 Act, 1904, and the Rules made under that Act, and is conditional on the 
 flncisifm of the couipriisntioii aiithorily with respect thenito. ff a renewal 
 of the licence is gi'anled at the n<^xt general animal licensing meetijig, that 
 renewal will also be provisional in pursuance of those Rules.
 
 LICENSING RULES, 1904. 
 
 77 
 
 Form 18. 
 
 The Lu'onsing Act, 1904. 
 
 Licences the questiou of the transfer of which is referred to the 
 Compens.ition Authority. 
 
 Licensing district of 
 
 To the compensation authority for the area comprising the above 
 district. 
 
 At the sessions hoi den at , on the day of 
 
 19 , for the above-named licensing district, the 
 justices decided to refer to you, under Section 1, as applied by sub- 
 Section (1) of Section 9, of the Licensing Act, 1904, the question of 
 the transfer of the licence held in respect of the premises specified below. 
 
 Name and Situation 
 of Premises. 
 
 Nature of Licence. 
 
 Licensee. 
 
 Registered Owners. 
 
 Report. 
 In connection with the above, the justices desire to report as follows : — 
 
 Clerk to the licensing Justices. 
 
 \_The clerk will add a iwtc -stating, as respects any licence comprised in the 
 list, whether the renewal of the licence has been referred to the conipensation 
 authority as tvell as the question of the transfer^] 
 
 Form 19. 
 
 The Licensing Act, 1904. 
 
 Particulars with respect to new Licences. 
 
 County l_or Borough] of 
 
 To the Commissioners of Inland Revenue. 
 We beg to forward to you the following particulars as tt) tlie grant of 
 a new on-licence in respect of the premises specified below confirmed 
 by us as the confirming authority for the above area on the 
 day of 
 
 Premises above referred to. 
 
 Particulars of Payments imposed. 
 
 Duration of Licence. 
 
 Forms 
 
 18 A.\!) 19. 
 
 Dated 
 
 [Siyncd on behalf of the conjirminy anthority.'\ 
 Clerk of the confirming authority.
 
 78 
 
 LICENSING RULES, 1904. 
 
 Form 20. Form 20. 
 
 A. 
 
 The Licensing Act, 1904. 
 
 Statement of variations in conditions proposed by the confirming 
 authority. 
 
 County [or Borough] of 
 
 To the justices authorised to grant new licences in the licensing district 
 of 
 
 Notice is hereby given that the confirming authority for the above 
 area desire that the conditions attached by you to the licence granted 
 in respect of the premises specified below, should be varied as follows :— 
 
 The reasons for the proposed variations are as follows : — 
 
 The Premises above referred to. 
 
 \_Signed'] 
 
 Clerk of the confirming authority. 
 
 Dated 
 
 Form 20. 
 B. 
 
 The Licensing Act, 1904. 
 
 Notice of Mooting to consider variations in conditions proposed bj'^ the 
 confirming authority. 
 
 Licensing district of 
 
 To A.Ji., one of the justicc^s having power to grant new licences in the 
 above district.
 
 LICENSING RULES, 1904. 
 
 79 
 
 Notice is hereby given that a meeting of the justices having power to 
 grant new licences in the above district will lie held at 
 on the day of for the purpose of considering, and 
 
 if thought fit, consenting to the variations proposed by the confirming 
 authority in the conditions attached to the licence granted in respect of the 
 premises specified below. 
 
 The Freinises above referred to. 
 
 FOKM 20. 
 
 The following is a copy of the variations so proposed and of the reasons 
 given : — 
 
 \_Signecf\ 
 Dated 
 
 Clerk of the justices. 
 
 FoiiM 20. 
 C. 
 
 The Licensing Act, 1904. 
 
 Notice to confirming authority of decision of justices having power to 
 grant new licences as to proposed variations in conditions. 
 
 Licensing district of 
 To the confirming authority for the county [or borough] of 
 
 Notice is hereby given that the justices having power to grant new 
 
 licences in the above district at a meeting held on the day of 
 
 decided with respect to the variations proposed by you 
 
 as confirming authority in the conditions attached to the licence granted 
 
 in respect of the premises specified below as follows : — 
 
 The 
 
 Premises above referred to. 
 
 Name and Situation 
 of Premises. 
 
 Nature of Licence. 
 
 Name and Address of 
 Proposed Licensee. 
 
 
 
 
 \_S%gned'\ 
 Dated 
 
 Clerk of the justices.
 
 80 LICENSING RULES, 1904. 
 
 Forms Form 21. 
 
 21 AND 22. 
 
 A. — Form of Public Notice. 
 
 The Licensing Act, 1904. 
 
 Notice of Division of Area. 
 
 County [or County Borough] of 
 
 Notice is hereby given that the compensation authority for the above 
 area have by resolution divided their area for the purpose of the Licensing 
 Act, 1904, into the following districts, that is to say [vrr particulars of the 
 composition of the districts']. 
 
 \_Signed'] 
 
 Clerk of the compensation authority. 
 Dated 
 
 B. — Forvi of Notice to Special Authorities. 
 
 The Licensing Act, 1904. 
 Notice of Division of Area. 
 County [or County Borough] of 
 
 To the Secretary of State for the Home Department [or To the Com- 
 missioners of Inland Revenue]. 
 
 We beg to inform you that we, as the compensation authority [&c., as 
 1)1 Form A]. 
 
 [Siffiied 091 behalf of the compensatiox atithority.'] 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 Form 22. 
 
 A. — For))i of Public Notice. 
 
 The Licensing Act, 1904. 
 
 Notice of Imposition of Charges under Section 3 of the Act. 
 
 County [or County Borough] of 
 
 Notice is hereby given that the compensation authority for the above 
 area have imposed under Section 3 of the Licensing vVct, 1904, for the 
 year charges in i-espect of licences at the following 
 
 rate [state the proportion which the 
 
 rate imposed bears t<i the maxiiiiuni r^tc ifrh((uje under the Act] ; and charges 
 on the premises affected will ]>v levied and paid accordingly as part of the 
 duties on the corresponding excise licences. 
 
 [ iSxjved'] 
 
 Cl( rk of the compensation authority. 
 Dated
 
 LICENSING RULES, 1904. 81 
 
 B. — For)ii of Notice to the ConuniKHioners of Inland Rciriiitr. Fohms 
 
 23 AND 24. 
 The Licensing Act, 1904. 
 Notice of Imposition of Clharges nnder Section 3 of the Act. 
 County [or County Boiough] of 
 
 To the Commissioners of Inland Revenup. 
 
 We beg to inform you that we, as the compensation authority for the 
 above area, have imposed, under Section 3 of the Licensing Act, 1904, for 
 the year charges in respect of licences at the 
 
 following rate [_state the proportion whieh the rate imposed bears to the 
 inaxiitiiiin rate of charge under the Act']. 
 
 \_Signed on behalf of the conipeniation nuthority.'] 
 
 Clerk of the compensation authority. 
 
 Dated 
 
 Form 23. 
 
 The Licensing Act, 1904. 
 
 Notice of Appointment of Treasurer. 
 
 County \_or County Borough] of 
 
 To the Commissioners of Inland Revenue. 
 
 We beg to inform you that we, as the compensation authority for the 
 above area, have appointed of 
 
 to be our treasurer for the purposes of the Licensing Act, 1904. 
 
 \_Signed oti behalf of the compensation authority.'] 
 
 Clerk of the compensation authority 
 
 Dated 
 
 FoHM 24. 
 'I'he Licensing Act, 1904. 
 
 Notice of Meeting to consider Applications under the Note to the First 
 Schedule of the Act. 
 
 Licensing District of 
 
 To A.B., one of the justices acting in and for the above district 
 
 Notice is hereby given that a meeting of the licensing justices of the 
 above district will be held at , on the day of , 
 
 for the jjurpose of considering an application for a certificate under the 
 Note to the First Schedule of the Licensing Act, 1904, in respect of the 
 licensed premises specified below.
 
 82 
 
 FoKMS 25 
 
 Axn 26. 
 
 LICENSING RULES, 1904. 
 
 Licenced Premises above referred to. 
 
 Name, Situation and Description 
 01 Premises. 
 
 Name of Licensee. 
 
 [^Signed] 
 
 Clerk of the justices. 
 
 Dated 
 
 Form 25. 
 
 The Licensing Act, 1904. 
 
 Certificate of Licensing Justices under the Note to the First Schedule 
 
 of the Act. 
 Licensing District of 
 
 We, being the licensing justices of the above district, hereby certify 
 that the licenced premises specified below are used only as 
 [state ichether public gardens, picture galleries, or as the case may be'], and 
 we are of opinion that [stale the proportion to be charged] 
 
 of the rate charged in other cases is the proper rate of charge under the 
 Licensing Act, 1904, in respect of the said premises. 
 
 Licensed Premises above referred to. 
 
 Name, Situation and Description 
 of Premises. 
 
 Name of Licensee. 
 
 [Signed on behalf of the Licensing Justices.] 
 
 Clerk of the justices. 
 Dated 
 
 Form 26. 
 
 Mortgage of Compensation Fund. 
 
 Form A. 
 
 Where provision is made for Repayment by means of a Sinking Fund. 
 
 \\\ virtue of Iho Jjiccnsing Act, 1904, we, being the compensation 
 aiitliority for the coiiiity [or county boroughj of in 
 
 conBidoration of tho sum of paid to us by A.B. of
 
 LlCKXyiNG RULKS, 1004. 83 
 
 , hereby charge our compensation i'mid under the said Foum 26. 
 Aft with payment to the said A.B. of the said sum of 
 together with interest for the same at tlic rate of per cent, 
 
 per annum, the interest to ho paid on the day of , &c. 
 
 \_i>pecif)i the days for pu>jm(nt\ in each year. 
 
 And it is hereby declared that the said principal sum is repayable on 
 the ' day of in the year 190 . 
 
 Provided that the saiil principal sum or any part thereof may, notwith- 
 standing anything herein contained, be paid off at an earlier time which 
 may be agreed upon by us and the said A.B. 
 
 Form 2(). 
 FoiiM B. 
 
 Where the Loan is to be repaid by means of Instahiients of Capital. 
 
 By Adrtue of the Licensing Act, 1904, we, being the compensation 
 authority for the county [or county^ borough] of in 
 
 consideration of the sum of paid to us by^ A.B. of 
 
 , hereby charge our compensation fund under the said 
 Act with the payment to the said A.B. of the said sum of 
 or of so much thereof as shall for the time being remain xmpaid together 
 with interest for the same at the rate of per cent, per annum, the 
 
 interest to be paid on the day of , &c., \_sprcify 
 
 the days for payment'] in each year. 
 
 And it is hereby declared that the said principal sum of 
 
 shall be repaid by equal yearly [_or half-yearly] instalments 
 of in each of the years 19 to 19 , both inclusive, 
 
 such sums to be paid on the day of [and the 
 
 day of J in each of those years. 
 
 Form 26. 
 
 Form C. 
 
 Where the Loan is to be repaid by means of Instalments of Capital and 
 Interest combined. 
 
 By virtue of the Licensing Act, 1904, we, being the compensation 
 authority for the county [_or coimty borough] of , in 
 
 consideration for the sum of , paid to us by A.B. of 
 
 , hereby charge our compensation fund under the said 
 Act, with payment to the ^aid A.B. in each' of the years 19 to 19 , 
 tjoth inclusive, of the sum of £ on the day of in each 
 
 of til' se years [or, if the instalments are half-yearly, with the payment of 
 the sum of on the day of 
 
 and the day of in each of the years 190 
 
 to 190 , both inclusive]. 
 
 Siynatare to be attached to ahwhcrer the three Forms A., B., or C. is used. 
 
 Dated this day of one thousand nine 
 
 hundi'ed and 
 
 \_Siynattircs of Tiro Justices, and of the Treasurer {or where 
 the Treasurer is a Bank, the Clerk of the Aiithurity).']
 
 84 
 
 APPENDIX A. 
 
 RETURN MADE TO HOUSE OF COMMONS, 3rd MAY, 1904. 
 
 AppExmx A. SHORT STATEMENT as to the Procedure followed by the 
 Board of Inland Revenue in ascertaining the Value 
 of Property for the purposes of Estate Duty. 
 
 There is no special basis provided by statute for valuing 
 licensed houses for the purpose of estate duty, and accordingly 
 the valuation of licensed houses comes under the general rule 
 applicable to all property, which is laid down by sub-Section (5) 
 of Section 7 of the Finance Act, 1894, namely : — 
 
 " The principal value <-»f any property shall be estimated 
 to be the price which in the opinion of the Com- 
 missioners such property would fetch if sold in th"e 
 open market at the time of the death of the 
 deceased." 
 
 The effect, therefore, is that the ordinary rules of valuation 
 apply. 
 
 The manner in which the value of an estate, including a 
 licensed house, is ascertained by the Board of Inland Revenue 
 for the purposes of estate duty is under Section 7 (8) of the Act 
 of 1894, such as the Board choose to adopt, and for the purpose 
 of ascertaining that value they may require accounts, state- 
 ments, and forms to be delivered and verified on oath, and 
 may also reciuire the production of books and documents. 
 {See Section 8 (5), (14) of the Act of 1894.) 
 
 The manner in which compensation under the Bill is deter- 
 mined will ftjllow these lines, subject to the adoption of the 
 basis of valuation laid down by sub-Section (1) of Clause 2 of 
 the Bill, nanuily, the difference between the two values set 
 out in that sul)-Scction. 
 
 N.B. — Thin Appendix and the next arc printed hero by permission of 
 the Controller of JI.M.'h Stationery Oflice.
 
 85 
 
 APPENDIX B. 
 
 RETURN MADE TO HOUSE OF COMMONS, 3rd MAY, 1904. 
 
 STATEMENT showing for each County and County Appendix B. 
 Borough the Number of Publican's Licences and 
 Beerhouse Licences, and approximately the Maximum 
 Sum leviable under the Licensing Bill in each Area. 
 
 LICENCES. 
 
 Note. — The County Boroughs of Rotherham and West Hartlepool, 
 created on 1st April, 1903, do not appear as county boroughs in this 
 return. 
 
 ENGLAND AND WALES. 
 
 
 Number of 
 
 
 Approxi- 
 
 COCNTIES. 
 
 Publican's 
 
 Spirit 
 Licences, 
 
 Number of 
 Beerhouse 
 Licences. 
 
 mate Total 
 
 of Amounts 
 
 Leviable 
 
 
 includiiig 
 
 under the 
 
 
 Hotels, 
 
 
 Bill. 
 
 
 1. 
 
 2. 
 
 3. 
 
 ENGLAND. 
 
 
 
 £ 
 
 1. Bedford 
 
 592 
 
 390 
 
 4,386 
 
 2. Berks 
 
 715 
 
 332 
 
 5,547 
 
 3. Buckingham 
 
 866 
 
 422 
 
 4,612 
 
 4. Cambridge (exclusive of Isle of Ely) 
 
 553 
 
 327 
 
 3,598 
 
 5. Cambridge (Isle of Ely) 
 
 239 
 
 293 
 
 1,639 
 
 6. Chester 
 
 1,173 
 
 634 
 
 18,572 
 
 7. Cornwall 
 
 685 
 
 89 
 
 4,219 
 
 8. Cumberland... 
 
 1,051 
 
 118 
 
 7,956 
 
 9. Derby 
 
 1,202 
 
 461 
 
 15,213 
 
 10. Devon 
 
 1,428 
 
 201 
 
 9,475 
 
 11. Dorset 
 
 609 
 
 192 
 
 4,236 
 
 12. Durham 
 
 1,682 
 
 359 
 
 25,601 
 
 13. Essex 
 
 1,365 
 
 654 
 
 20,942 
 
 14. Gloucester ... 
 
 815 
 
 671 
 
 8,264 
 
 15. Hants (or Southampton) 
 
 1,055 
 
 520 
 
 9,964 
 
 16. Isle of Wight 
 
 313 
 
 55 
 
 3,397 
 
 17. Hereford 
 
 372 
 
 121 
 
 3,080 
 
 18. Hertford 
 
 922 
 
 634 
 
 7,826 
 
 19. Huntingdon 
 
 268 
 
 241 
 
 993 
 
 •20. Kent 
 
 2,267 
 
 1,097 
 
 35,910 
 
 21. Lancaster 
 
 2,557 
 
 1,882 
 
 61,424 
 
 22. Leicester 
 
 769 
 
 162 
 
 6,224 
 
 23. Lincoln, Holland 
 
 275 
 
 168 
 
 2,035 
 
 24. Lincoln, Kesteven ... 
 
 384 
 
 141 
 
 2,340 
 
 25. Lincoln, Lindsey ... 
 
 507 
 
 173 
 
 4,000 
 
 26. London 
 
 5,486 
 
 2,118 
 
 251,212 
 
 27. Middlesex (exclusive of the County 
 
 
 
 
 of London) 
 
 738 
 
 499 
 
 18,946 
 
 7
 
 86 
 
 APPENDIX B. 
 
 Appendix B. 
 
 
 Number of 
 
 
 Approxi- 
 
 CJOtJNTIES, 
 
 Publican's 
 
 Spirit 
 
 Licences, 
 
 Number of 
 Beerhouse 
 
 mate Total 
 
 of Amounts 
 
 Leviable 
 
 
 including 
 
 Licences, 
 
 under the 
 
 
 Hotels. 
 
 
 Bill. 
 
 
 1. 
 
 2. 
 
 3. 
 
 Engl AN d — eon tinned. 
 
 
 
 £ 
 
 28. Monmouth 
 
 640 
 
 302 
 
 7,661 
 
 29. Norfolk 
 
 1,322 
 
 392 
 
 7,858 
 
 30. Northampton (exclusive of the Soke 
 
 
 
 
 of Peterborough) 
 
 615 
 
 217 
 
 4,272 
 
 31. Northampton (Soke of Peter- 
 
 
 
 
 borough) 
 
 107 
 
 80 
 
 1,427 
 
 32. Northumberland 
 
 816 
 
 114 
 
 12,655 
 
 33. Nottingham 
 
 720 
 
 157 
 
 7,128 
 
 34. Oxford 
 
 604 
 
 260 
 
 3,463 
 
 35. Kutland 
 
 69 
 
 51 
 
 440 
 
 36. Salop 
 
 838 
 
 294 
 
 6,960 
 
 37. Somerset 
 
 1,009 
 
 574 
 
 9,511 
 
 38. Stafford 
 
 1,925 
 
 1,532 
 
 29,187 
 
 39. Suffolk, Eastern Division 
 
 532 
 
 240 
 
 4,996 
 
 40. Suffolk, Western Division 
 
 409 
 
 209 
 
 3,333 
 
 41. Surrey 
 
 975 
 
 440 
 
 17,343 
 
 42. Sussex, Eastern Division 
 
 519 
 
 209 
 
 8,600 
 
 43. Sussex, Western Division 
 
 466 
 
 217 
 
 4,959 
 
 44. Warwick 
 
 865 
 
 291 
 
 10,789 
 
 45. Westmorland 
 
 235 
 
 29 
 
 1,854" 
 
 46. Wilts 
 
 749 
 
 243 
 
 6,078 
 
 47. Worcester 
 
 883 
 
 407 
 
 11,177 
 
 48. Yorks, East Riding 
 
 489 
 
 60 
 
 2,996 
 
 49. Yorks, North Riding 
 
 1,058 
 
 88 
 
 7,397 
 
 50. Yorks, West Riding 
 
 2,716 
 
 1,170 
 
 46,492 
 
 WALES. 
 
 
 
 
 51. Anglesey 
 
 
 177 
 
 2 
 
 721 
 
 52. Brecon 
 
 
 316 
 
 61 
 
 1,539 
 
 53. Cardigan 
 
 
 277 
 
 9 
 
 803 
 
 64. Carmarthen 
 
 
 
 705 
 
 61 
 
 2,212 
 
 56. Carnarvon 
 
 
 
 398 
 
 13 
 
 3,048 
 
 56. Denbigh 
 
 
 
 403 
 
 156 
 
 3,095 
 
 67. Flint 
 
 
 
 386 
 
 75 
 
 2,119 
 
 68. Glamorgan ... 
 
 
 
 1,287 
 
 413 
 
 21,559 
 
 69. Merioneth 
 
 
 
 123 
 
 5 
 
 689 
 
 60. Montgomery 
 
 
 
 213 
 
 25 
 
 1,053 
 
 61. Pembroke 
 
 
 
 455 
 
 7 
 
 1,488 
 
 62. Radnor 
 
 
 
 103 
 
 12 
 
 519 
 
 Total Counties 
 
 
 
 52,292 
 
 21,369 
 
 796,032
 
 APPENDIX B. 
 
 87 
 
 County Boroughs. 
 
 ENGLAND. 
 
 63. Barrow-in-Furness ... 
 
 64. Bath 
 
 65. Birkenhead ... 
 
 66. Birmingham 
 
 67. Blackburn ... 
 
 68. Bolton 
 
 69. Bootle 
 
 70. Bournemouth 
 
 71. Bradford (Yorks) ... 
 
 72. Brighton 
 
 73. Bristol 
 
 74. Burnley 
 
 75. Burton 
 
 76. Bury 
 
 77. Canterbury ... 
 
 78. Chester 
 
 79. Coventry 
 
 80. Croydon 
 
 81. Derby 
 
 82. Devonport ... 
 
 83. Dudley 
 
 84. Exeter 
 
 85. Gateshead ... 
 
 86. Gloucester ... 
 
 87. Great Grimsby 
 
 88. Great Yarmouth 
 
 89. Halifax 
 
 90. Hanley 
 
 91. Hastings 
 
 92. Huddersfield 
 
 93. Ipswich 
 
 94. Kingston-upon-Hull 
 
 95. Leeds 
 
 96. Leicester 
 
 97. Lincoln 
 
 98. Liverpool 
 
 99. Manchester ... 
 
 100. Middlesbrough 
 
 101. Newcastle-on-Tyne 
 
 102. Newport (Mon.) 
 
 103. Northampton 
 
 104. Norwich 
 
 105 Nottingham... 
 
 106. Oldham 
 
 107. Oxford 
 
 108. Plymouth 
 
 109. Portsmouth 
 
 110. Preston 
 
 111. Beading 
 
 Number of 
 Publican's 
 
 Spirit 
 
 Licences, 
 
 including 
 
 Hotels. 
 
 59 
 168 
 145 
 646 
 249 
 146 
 
 48 
 
 60 
 275 
 306 
 464 
 
 84 
 102 
 
 85 
 139 
 153 
 272 
 117 
 258 
 124 
 222 
 155 
 131 
 121 
 
 53 
 220 
 127 
 
 59 
 135 
 166 
 133 
 298 
 343 
 292 
 114 
 1,735 
 490 
 
 78 
 382 
 
 93 
 
 86 
 543 
 413 
 190 
 125 
 140 
 323 
 208 
 117 
 
 Number 
 
 of 
 
 Beerhouse 
 
 Licences. 
 
 39 
 
 68 
 
 94 
 
 855 
 
 119 
 
 285 
 
 8 
 
 4 
 
 330 
 
 229 
 
 511 
 
 91 
 
 78 
 
 111 
 
 9 
 
 41 
 
 6 
 
 74 
 
 93 
 
 85 
 
 55 
 
 14 
 
 42 
 
 61 
 
 43 
 
 94 
 
 162 
 
 172 
 
 40 
 
 109 
 
 127 
 
 15S 
 
 384 
 
 162 
 
 28 
 
 236 
 
 1,638 
 
 35 
 
 158 
 
 75 
 
 207 
 
 36 
 
 187 
 
 201 
 
 92 
 
 151 
 
 456 
 
 184 
 
 113 
 
 Appendix B. 
 
 Approxi- 
 mate Total 
 
 of 
 
 Amounts 
 
 Leviable 
 
 under the 
 
 Bill. 
 
 £ 
 2,067 
 2,593 
 4,140 
 
 29,324 
 5,328 
 7,850 
 1,785 
 1,812 
 11,307 
 7,747 
 10,879 
 3,185 
 1,949 
 2,764 
 929 
 2,424 
 2,559 
 3,705 
 5,542 
 2,491 
 1,927 
 2,342 
 3,679 
 2,143 
 1,956 
 3,763 
 3,349 
 3,245 
 3,952 
 3,972 
 2,401 
 9,384 
 
 15,975 
 8,983 
 1,727 
 
 36,557 
 
 34,445 
 3,275 
 
 13,486 
 3,657 
 3,017 
 4,236 
 
 11,400 
 6,072 
 2,629 
 5,134 
 6,542 
 5,579 
 2,590 
 
 7a
 
 88 
 
 APPENDIX B. 
 
 Appendix B. 
 
 
 Number of 
 Publican's 
 
 Number 
 
 Approxi- 
 mate Total 
 
 of 
 
 Amounts 
 
 Leviable 
 
 under the 
 
 Bill. 
 
 County Boroughs. 
 
 Spirit 
 Licenses, 
 including 
 
 Hotels. 
 
 of 
 Beerhouse 
 Licenses. 
 
 
 - 
 
 1. 
 
 2. 
 
 3. 
 
 'El^Ql.A^'D— continued. 
 
 
 
 £ 
 3,653 
 
 112. Rochdale 
 
 142 
 
 153 
 
 113. St. Helen's 
 
 
 
 144 
 
 85 
 
 2,630 
 
 114. Salford 
 
 
 
 113 
 
 382 
 
 7,220 
 
 115. Sheffield 
 
 
 
 522 
 
 624 
 
 16,259 
 
 116. Southampton 
 
 
 
 222 
 
 242 
 
 4,902 
 
 117. South Shields 
 
 
 
 153 
 
 44 
 
 4,583 
 
 118. Stockport 
 
 
 
 141 
 
 113 
 
 3,357 
 
 119. Sunderland 
 
 
 
 229 
 
 166 
 
 6,482 
 
 120. Walsall 
 
 
 
 174 
 
 107 
 
 3,887 
 
 121. Warrington 
 
 
 
 88 
 
 36 
 
 2,021 
 
 122. West Bromwich 
 
 
 
 90 
 
 167 
 
 2,351 
 
 123. West Ham 
 
 
 
 141 
 
 89 
 
 7,530 
 
 124. Wigan 
 
 
 
 138 
 
 45 
 
 3,485 
 
 125. Wolverhampton 
 
 
 
 207 
 
 181 
 
 4,727 
 
 126. Worcester 
 
 
 
 176 
 
 46 
 
 2,659 
 
 127. York 
 
 
 
 197 
 
 37 
 
 2,488 
 
 WALES. 
 
 
 
 . 
 
 128. Cardife 
 
 194 
 
 82 
 
 9,807 
 
 129. Swansea 
 
 300 
 
 56 
 
 6,002 
 
 Total County Borough 
 
 s 
 
 
 14,753 
 
 11,206 
 
 410,840 
 
 SUMMARY. 
 
 Total Counties 
 
 Total County Boroughs 
 
 52,292 
 14,753 
 
 21,369 
 11,206 
 
 £ 
 796,032 
 
 410,840 
 
 Total, England and Walf.s 
 
 67,045 
 
 32,575 
 
 1,206,872
 
 IXDEX . 
 
 F. refers to the Forms scheduled to the Licensing Rules, 1904. 
 R. refers to the Licensing Rules, 1^-04. 
 s. refers to the sections of the Licensing Act, 1904. 
 The figures under the heading " Page of Introduction " refer to the 
 pages of the introductory Guide. 
 
 PAGE OF 
 .A.CC0UNTt5, IXTRODrCTIOJf 
 
 to be kept bv Commissioners of Inland Revenue, 
 
 8.3(2) ..." 
 
 of the compensation authority, s. 3 (4), R. 61-64 ... 37, 38 
 rules by Secretary of State as to, s. 6 (c), R. 61-64 ... 
 
 ADJOURNED MEETINGS, 
 
 mav be held from time to time and from place to 
 
 place, R. 38, F. 14 12 
 
 AGREEMENT OR OTHER ASSURANCE, 
 
 Mode of enforcing Sect. 16 of Act of 1902 ... ... 4 
 
 AGREEMENT AS TO COMPENSATION MONEY, 
 
 R. 27-30, F. 10 ... • 16 
 
 ALTERATIONS AND REBUILDING, 
 
 as aifecting grounds of refu.sal ... ... ... ... 6 
 
 possibility of compensation not an element in con- 
 sidering plans ... ... ... ... ... ... 20 
 
 ANNUAL LICENCES. See " New ox-licexces." 
 
 APPEALS, 
 
 to Quarter Sessions ... ... ... ... 8, 9, 13, 28 
 
 to High Court from Commissioners of Inland 
 
 Revenue, s. 2 (2) (4), R. 33 17 
 
 the like from the County Court ... ... ... 19 
 
 AREA. See " Boroughs," " Division of Area." 
 
 AUDITOR. See " Officers.' ' 
 
 AUTHENTICATION OF DOCUMENTS, 
 
 of Quarter Sessions, the licensing Justices or anv 
 
 Committee, s. 6 (f), R. 54 ".. 39 
 
 BEERHOUSES, 
 
 the old four grounds preserved, s. 9 (3) ... ... 4 
 
 grounds of refusal of licences of ante-1869 houses 
 
 without compensation ... ... ... ... ... 4 
 
 effect of loss of privileges ... ... ... ... 3,5 
 
 position of post- 1869 houses ... ... ... ... 5 
 
 grounds of refusal which are not applicable to ante- 
 1869 houses •. 5, 6
 
 INDEX. 
 
 PAGE OF 
 INTEODUCTION 
 
 BOROUGHS, 
 
 renewal of licences in Boroughs, s. 5 (4) 
 
 constitution of Committees in County Boroughs, s. 5 (4) 
 
 the like in Boroughs having a separate commission of 
 
 the Peace, s. 5 (5) ... 
 
 in County Boroughs, whole body of Justices substi- 
 tuted for Quarter Sessions, s. 8 (2) ... ... ... 1,9,39 
 
 other Boroughs included in Quarter Sessions area, 
 
 s. 8(1) 39 
 
 variation of conditions of new licences in, R. 47 (4)... 
 clerk of compensation authority in County Boroughs, 
 
 R. 48(1) 30 
 
 BORROWING ON COMPENSATION FUND, 
 
 by compensation authority, s. 3 (5) ... ... ... 38 
 
 rules as to, s. 6 (b), R. 65-71, F. 26 A., B. and C. ... 
 
 money to be replaced within fifteen years, s. 6 (b), 
 
 R. 65, 66 38 
 
 BURDEN OF PROOF, 
 
 on whom it should fall ... ... ... ... ... 14 
 
 CERTIFICATES, 
 
 of premises entitled to a reduced rate of charge, s. 3 
 
 (3), and Sched. 2, R. 56, F. 24, 25 35 
 
 CHARGES UNDER THE ACT, 
 
 to be imposed by Quarter Sessions, s. 3 (1), Sched. 1, 
 
 R. 55-57, F 22 34 
 
 to be levied and paid with excise duty, s. 3 (2) ... 35 
 
 CITY OF LONDON, 
 
 to be deemed a County Borough, s. 8 (3) ... ... 39 
 
 clerk of compensation authoi'ity in, R. 48 (2)... ... 30 
 
 CLAIMS OF PERSONS INTERESTED, 
 
 Advertisement for, R. 21, F. 6 and 7 ,. 15 
 
 Copies to be supplied, R. 24 15 
 
 see " Persons Interested." 
 
 CLERK OF COMPENSATION AUTHORITY, 
 see " Officers." 
 
 CLERK OF RENEWAL AUTHORITY, 
 
 see " Register." 
 
 COMMENCEMENT OF ACT, 
 
 1st January, 1905, s. 10 (2) 40 
 
 COMMISSIONERS OF INLAND REVENUE, 
 
 to assess compensation money in default of approved 
 
 agreement, a. 2 (2), R. 31 17 
 
 notice to, of decision at jH'iiicipal meeting, R. 18, F. 5 15 
 to levy charges under the Act, s. 3 (2), R. 55 57, F. 22 35 
 notice to, to determine amount of compensation 
 
 money, R. 31, F. 11 
 
 to give certificate of amount, K. 32 
 
 appeal to High (Jourt, s. 2 (2) (4) 17 
 
 costs of, H. 2 (4), K. 33 19 
 
 mode of ascertaining value of property for estate duty. 
 
 Appendix A, 84 17 
 
 to collect payments on new term on-licences, s. 4 (4) 28
 
 INDEX. 
 
 91 
 
 INTEODUCTION 
 
 COMMISSIONEES OF INLAND BEYE'NV'E-- continued. 
 
 particulars of new licences to be sent to, R. 46, F. 19 
 
 notice to, of division of area, R. 52, F. 21, B.... 
 
 the like of imposition of charge and certificate of 
 
 reduced charge, R. 55, 56, F. 22, B 
 
 the like of appointment of Treasurer, R. 49, F. 23 ... 
 
 COMMITTEES, 
 
 appointment and powers of statutory Committees, 
 
 s. 5(2) 
 
 their status 
 
 statutory committee not a court 
 
 can it divide Quarter Sessions area into districts 
 
 other Committees, s. 5 (2) 
 
 rules by Quarter Sessions as to appointment, etc., of, 
 
 s. 5(3) 
 
 appointment of sub-committees... 
 
 to be standing Committees, s. 6 (d), R. 53 
 
 authentication of documents of, R. 54... 
 
 COMPENSATION AUTHORITY, 
 
 definition of, R. 2 (1) 
 
 to consider reports of renewal authority and hear 
 
 persons interested, s. 1 (2) 
 
 may approve agreed amount of compensation money, 
 
 s. 2(2), R. 30 
 
 notices when agreement not approved, R. 31... 
 
 may require evidence on oath, R. 37 ... 
 
 may refer division of compensation money to County 
 
 Court, s. 2 (2), E. 40 
 
 amount of charges under the Act to be paid to, s. 3 
 
 (2), R. 57 ... 
 
 payment of compensation money, R. 34-36 ... 
 
 expenses of, s. 3 (5) 
 
 to have regard to funds available, s. 3 (5) 
 
 may borrow on compensation fund, s. 3 (5) ... 
 
 see " Preliminary, Principal, and Supplemental, 
 
 Meetings, Officers." 
 
 COMPENSATION FUND, 
 
 mode of providing, s. 3 (1), (2), and (4), Sched. 1 
 
 return of maximum sums leviable, Appendix B., p. 85 
 
 notice of imposition of charges, R. 55, F. 22, A and B 
 
 premises entitled to reduced rate and amount of 
 reduction, s. 3 (3), Sched. 2 
 
 its administi-ation, R. 56, F. 24, 25 
 
 rules by Secretary of State as to, s. 6 (c), R. 56-61 ... 
 
 expenses payable out of, s. 3 (5) ... ... ... 
 
 mode of dealing with receipts and of making pay- 
 ments, R. 57, 59 
 
 fees to be accounted for, s. 3 (4), R. 58 
 
 investment of balances, R. 60... 
 
 accounts, the accounting year, and annual financial 
 statement, R. 61, 64 
 
 audit, appointment and remuneration of auditor, 
 R. 62, 63, 64 
 
 28 
 31 
 
 32 
 33 
 33 
 32 
 33 
 
 34 
 32 
 34 
 39 
 
 10,12 
 
 16 
 
 33 
 
 19 
 
 35 
 20 
 36 
 36 
 38 
 
 34,36 
 35 
 
 35 
 37 
 
 36 
 
 37 
 37 
 37 
 
 37,38 
 
 38
 
 92 INDEX. 
 
 PAGE OF 
 INTBODUCTION 
 
 COMPENSATION FVNB—contmiied. 
 
 borrowing on, s. 3 (5), 6 (b), R. 65-71, F. 26, A, B and C 38 
 
 sinking fund, E. 69, 70 38 
 
 appointment of Receiver, R. 71 ... ... ... 39 
 
 COMPENSATION MONEY 
 
 definition of, R. 27 17 
 
 measure of, s. 2 (1) ... ... ... 16 
 
 agreement as to, s. 2 (2), R. 27, 29, 30, F. 10 16 
 
 mode of assessing in default of agreement, s. 2 (2), 
 
 Appendix A., p^ 84, R. 31, 32 17 
 
 division of, s. 2 (2), R. 30, 40 17 
 
 to bear costs of Commissioners of Inland Revenue, 
 
 s. 2 (4), R. .33 19 
 
 rules by Secretary of State as to, s. 6 (a) and (e), 
 
 R. 27-36 
 
 does not concern licensing Justices ... ... ... 19 
 
 statutory deductions from rent an element for 
 
 consideration ... ... ... ... ... ... 35 
 
 payment of, R. 34, 35, F. 12, 13 20 
 
 CONDITIONS, 
 
 on grant of new on-licences, s. 4 (2) ... ... ... 25 
 
 surrenders ... ... ... ... ... ... 25 
 
 forfeiture of new term on-licences on breach of,s. 4 (5) 28 
 variation of, on confirmation, s. 4, (6), R.47, F. 20, A, B 
 
 andC :. ... 28 
 
 see " Undertakings." 
 
 CONFIRMATION OF NEW ON-LICENCES, 
 
 delegation by Quarter Sessions of powers of, s. 5 (2) 24, 32 
 may be referred to a separate Committee ... ... .32 
 
 variation of conditions on, s. 4 (6), R. 47, F. 20, 
 
 AandB. 28 
 
 Returns as to, s. 7 ... ... ... ... ... 39 
 
 see "New On-Licences." 
 
 CONSULTATION WITH LICENSING JUSTICES, 
 
 Rules of Secretary of State as to, s. 6 (a), R. 11 (1) 11 
 CONTINUITY, 
 
 effect of break in the continuity of a licence ... ... 2,3 
 
 COUNSEL, 
 
 may represent persons interested ... ... ... 13 
 
 COUNTY, 
 
 definition of, s. 9 (4) ... 
 
 COUNTY BOROUGHS, 
 
 see " BoHouGiis." 
 
 COUNTY COURT, 
 
 questions as to division of the compensation money 
 
 may be referred to, s. 2 (.3), R. 40 19 
 
 may appoint llec(;ivci' on default under mortgage of 
 
 compensatitjn fund. R. 71 ... ... ... ... 39 
 
 COUNTY LiCKNSTNCi COMMITTEE, 
 
 poweiH of, tiansfcrred to Quarter Sessions, s. 4 (1) 24 
 appointiiient of, to cease, s. 5 (2) ... ... ... 32
 
 INDEX. 93 
 
 COUET OF SUMMARY JURISDICTION, int^'ro^ddction 
 
 may order forfeiture of new term on-licences, s. 4 (5) 28 
 appeal from order ... ... ... ... ••• 28 
 
 DEDUCTIONS FROM RENT, 
 
 in respect of compensation chai'ges, s. 3 (3), Sched. 2 35 
 
 DEFINITIONS, 
 
 in Act, of County, Quarter Sessions, on-licence, existing 
 on-licence, transfer, s. 9 (4) ... ... ... 
 
 in Rules of, The Act, the compensation authority, the 
 renewal authority, the licensee, the registered owner, 
 R. 2(1) 
 
 DIVISION OF AREA, 
 
 Quarter Sessions may divide area, s. 5 (1), R. 52, 
 
 F. 21, A and B ... 31 
 
 notice of, to Secretary of State and Commissioners 
 of Inland Revenue, R. 52, F. 21 B. 
 
 DIVISION OF COMPENSATION MONEY, 
 
 see " Supplemental Meeting." 
 
 DISCRETION OF LICENSING JUSTICES, 
 
 see " Refusal of Licences." 
 
 DOCUMENTS, 
 
 authentication of, s. 6 (8), R. 54 39 
 
 EVIDENCE, 
 
 renewal authority may call farther evidence... ... 13 
 
 compensation authority may lequire evidence to be 
 
 on oath, R. .37 33 
 
 EXCISE DUTY, 
 
 proportion of, to be repaid or credited on extinction 
 
 of licence ... ... ... ... ... ... 19 
 
 charges under Act to be levied with, s. 3 (2).., ... 35 
 
 EXPENSES, 
 
 of compensation authority and renewal authority, 
 
 8.3(5) .'.. 36 
 
 EXISTING ON-LICENCES, 
 
 definition of, s. 9 (4) 2 
 
 see "Refusal of Licences." 
 
 FEES, 
 
 for copies of reports and claims, R. 16 and 24 ... 14, 15 
 
 FORFEITURE, 
 
 in ordinary cases ... ... ... ... ... ... 3, 28 
 
 of term licences on breach of conditions, s. 4 (5) ... 28 
 
 rights of owner on, s. 4 (5) ... ... ... ... 28 
 
 FORMS, 
 
 scheduled to Rules to be used, R. 5 ... ... ... 40 
 
 GROUNDS OF OBJECTION, 
 
 under Acts of 1872 and 1874 when necessary ... 9, 13 
 
 GROUNDS OF REFUSAL, 
 
 of existing on-licences without compensation, ss. 1 
 
 (1), 9(2) 3,4
 
 94 INDEX. 
 
 PAGE OF 
 INTEODUCTION 
 
 GEOUNDS OF nEFVSAJj— continued. 
 
 interpretation of... ... ... ... ... ... 4 
 
 must be specified in writing, s. 1 (1) ... ... 8 
 
 meaning of m general terms ... ... ... ... 8 
 
 HEARING BY THE COMPENSATION AUTHORITY, 
 
 persons entitled to be heard, s. 1 (2), R. 16 ... 12 
 
 persons who may be heard, s. 1 (2), R. 16... ... 13 
 
 rights involved in hearing ... ... ... ... 13 
 
 refusal to hear ... ... ... ... ... ... 14 
 
 order of hearing cases and parties, R. 17 ... ... 14 
 
 HIGH COURT, 
 
 appeal to, from Commissioners of Inland Revenue, 
 
 s. 2(2) 17 
 
 the like from County Court ... ... ... ... 19 
 
 HOTELS AND SIMILAR PREMISES, 
 
 assessment of monopoly value of, s. 4 (2) («) ... 26 
 
 deductions from rate of charge in favour of, Sched. 1 35 
 
 ILL-CONDUCTED, 
 
 includes failure to supply refreshment or to fulfil 
 
 undertaking, s. 9 (2) ... ... ... ... ... 3 
 
 INLAND REVENUE, 
 
 see " Commissioners of " 
 
 INTERPRETATION ACT, 1899, 
 
 applied to Rules, R. 2 (2) ; ... 40 
 
 LICENCE, 
 
 definition of on-licence, s. 9 (4) 
 
 the like of existing on-licence, s. 9 (4)... ... ... 1 
 
 void licences, s. 1 (1) ... ... ... ... ... 6 
 
 see " Beerhouses, Conditions, New on-licences. 
 Provisional licences, Undertakings." 
 
 LICENSEE, 
 
 definition of, in Rules, R. 2 (1) 
 
 share of, in the compensation money, s. 2 (2) 
 
 notice to, of decision not to proceed, R. 13, F. 
 
 the like of principal meeting, R. 15, F. 4 B. 
 
 entitled to co^jy of report, R. 16 
 
 notice to, of decision at principal meeting, R. 18, 
 
 notice for claims and form of claim, R. 21, F. 
 
 notice to, of meeting to consider claims, R. 23, F. 8 
 
 tlie like to consider agreement and to settle shares, 
 
 R. 30, F. 9 
 
 notice to, of date for payment of compensation 
 
 money, R. 36, F. 12, 13 20 
 
 when manager or servant ... ... ... ... 19 
 
 to give credit for proportion of repaid excise duty 19 
 
 LICENSINC; JUSTICES, 
 
 powers of refusal of on-licences. See "Refusal"... 1 
 
 may Ih; heard by comjiensation authority, s. 1 (2),R. 11 13 
 
 refusal to hear must be decided in each case ... ... 14 
 
 not concerned with assessment or division of com- 
 pensation money ... ... ... ... ... 19 
 
 to certify places fntitied to reduced rate and amount 
 
 of reduction, Schedule 1, R. 56, F. 25 ... ... 35 
 
 
 18 
 
 3 ... 
 
 11 
 
 
 12 
 
 
 14 
 
 F.'s 
 
 15 
 
 6, 7 
 
 15 
 
 F. 8 
 
 15
 
 PAGE OF 
 
 LICENSING JVSTICES—contumed. introduction 
 
 not concerned with deductions from rent ... ... 35 
 
 returns as to their action, s. 7 ... ... ••• 39 
 
 authentication cf documents of, s. 6 (f), R. 54 ... 39 
 
 LIST OF REFEREED LICENCES, 
 
 to be sent to compensation authority, as to renewals, 
 
 R. 7, F. 1 10 
 
 the like as to transfers, R. 45, F. 18 
 
 LOCAL TAXATION LICENCE DUTIES, 
 
 payments on new on-licences to be applied as, s. 4 (4) 28 
 
 LONDON. See " City of London " — Police. 
 
 MANAGERS AND SERVANTS, 
 
 their share in the compensation money when licensees 19 
 
 MEETINGS OF COMPENSATION AUTHORITY, 
 may be adjourned from time to time and from place 
 
 to place, R. 38, F. 14 33 
 
 proceedings at, to be in accordance with rules made 
 
 by Quarter Sessions, s. 5 (3), R. 39 34 
 
 see "Preliminary, Principal and Supplemental 
 Meetings." 
 METROPOLITAN POLICE. See " Police." 
 
 MONOPOLY VALUE, 
 
 meaning of, s. 4 (2) ... ... ... ... ... 25 
 
 NEW ON-LICENCES, 
 
 confirming authority, ss. 4 (1), 5 (2) ... ... ... 24 
 
 conditions on grant of , s. 4 (2) . . . ... ... ... 25 
 
 monopoly value, s. 4 (2) .25,26,27 
 
 annual licences ... ... ... ... ... ... 26,27 
 
 licences for a term, s. 4 (3), (5) and (6) ... ... ... 26 
 
 payments on grant of, s. 4 (2) ... ... ... ... 27 
 
 surrenders on grant of ... ... ... ... ... 25 
 
 application of sums received on grant of, s. 4 (4) ... 28 
 notice to Commissioners of Inland Revenue of 
 
 confirmation of, R. 46, F. 19 28 
 
 forfeiture of term licences, s. 4 (5) ... ... ... 28 
 
 variation of conditions on confirmation of, s. 4 (6), 
 
 R. 47, F. 20, A, B and C 28 
 
 variation of conditions in County Boroughs, R. 47 (4) 
 order of removal under Sect. 50 of the Act of 1872 is 
 
 a new licence ... ... ... ... ... ... 30 
 
 incomplete provisional grant before the Act, s. 9 (4) 3 
 
 NOTICES UNDER LICENSING RULES, 1904, 
 
 publication of, R. 3 ... ... ... ... ... 39 
 
 to be in writing, R. 4 (1) .39 
 
 mode of sending or serving, R. 4 ... ... ... 39 
 
 notice and grounds of objection when necessary ... 9,13 
 
 OATH, 
 
 compensation authority may require evidence to be 
 
 on oath, R. 37 ,33 
 
 OBJECTIONS, 
 
 notice and grounds of, under Acts of 1872 and 1874, 
 
 when necessary 9, 13
 
 96 INDEX. 
 
 OFx -LICENCJEb, INTRODUCTION 
 
 Act does not apply to ... ... ... ... ... 40 
 
 OFFICEES OF COMPENSATION AUTHORITY, 
 
 rules as to, to be made by Secretary of State, s. 6 (D) 29 
 Clerk of the Peace to be Clei'k of Compensation 
 
 Authority in Counties, R. 48 (1) 30 
 
 Clerk to the Justices to be Clerk in County Boroughs, 
 
 R. 48(1) 30 
 
 provision for Clerk of, in the City of London, R. 48 (2) 30 
 to settle shares in compensation money when 
 
 proportions fixed, R. 30 (3), 33 
 acts of Clerks' authorised deputy, R. 48 (3) ... ... 30 
 
 Treasurer to give security, if not a bank, R. 49 (1) ... 30 
 notice of appointment of Treasurer, R. 49 (2), F. 23... 
 
 other Officers, R. 50 30 
 
 remuneration of Officers, R. 51, 62 (3)... ... ... 30 
 
 Auditors may be appointed for not more than three 
 
 years, R. 62 38 
 
 OWNER, 
 
 rights of, on forfeiture of term licence, s. 4 (5) ... 28 
 
 see " Registered Owner." " Undertakings." 
 
 PERSONS ENTITLED TO COMPENSATION, 
 definition of, R. 22 
 see " Persons Interested." 
 
 PERSONS INTERESTED, 
 
 are entitled to be heard bv the compensation 
 
 authority, s. 1 (2), R 25 .'. 12 
 
 who SiVe ■prima facie interested, R. 22 ... ... ... 12 
 
 entitled to copy of report, R. 16 ... ... ... 14 
 
 the compensation authority to determine who are 
 
 interested in the question of renewal, s. 1 (2) ... 13, 15 
 rights included in hearing ... ... ... ... 13 
 
 order in which to be heard, R. 17 ... ... ... 14 
 
 claims to be sent in, R. 21, 23, F. 6, 7 15 
 
 copies of claims may be obtained by, R. 24 ... ... 15 
 
 claimants to furnish addresses, R. 26 ... 
 ascertainment of shares of, in compensation money, 
 
 R. 30, 32, F. 8, 9 17 
 
 payment of shares of, R. 34-36, F. 12, 13 20 
 
 see " Supplemental Meeting." 
 
 POLICE, 
 
 notice to, of date for payment of compensation money, 
 
 R. 36, F. 12 20 
 
 in the metropolis ... ... ... ... ... ... 30 
 
 PRELIMINARY MEETING, 
 
 date of, R. 9 10 
 
 to consider generally reports of renewal authority, 
 
 R. 9-11, F. 2 ... 11 
 
 who may he present, R. 12 ... ... ... ... 11 
 
 what should be discussed ... ... ... ... 11 
 
 notice of cas(;s not to be proceeded with, \i. 13, F. 3... 11 
 PKINCIPAIi MKKTINCi, 
 
 to come to final decision on reports, R. 14, 15, 
 
 F. 4, AandB .12
 
 INDEX. 
 
 97 
 
 PAGE OP 
 
 PRINCIPAL M.'EETl'NG--co)Uimml introduction 
 
 persons entitled to be heard at, s. 1 (2) ... ... 12, 13 
 
 to determine order of dealing with cases, and of 
 
 hearing parties, R. 17... ... ... ... ••• 14 
 
 notice of decision of, R. 18, F. 5 ... ... •• 15 
 
 proceedings at, to be open to public, R. 19 15 
 
 provisional acts at, R. 20 ... ... ... _ ••• 
 
 notice of decision to refuse licence and for claims, 
 
 R. 21, F. 6 15 
 
 PROCEDURE, 
 
 in renewals, notice and grounds of objection still 
 necessary, s. 1 (2) ... ••• 9 
 
 in compensation cases, ss. 1 (1) and (2) 
 
 when the wants of the neighbourhood are one of the 
 grounds... ... ... ... ... ... ... 9 
 
 rules to be made by Secretary of State as to, s. 6 (e) 
 
 PROFITS, 
 
 from sale of non-intoxicants not to be considered .in 
 assessing monopoly value, s. 4 (2) (a) ... ... 26 
 
 PROTECTION ORDERS, 
 
 in case of new term on-licences, s. 4 (3) (b) 27 
 
 PROVISIONAL LICENCES, 
 
 provisional renewal in reported cases, s. 6 (a), R. 41, 
 F. 15 20 
 
 when to cease to have effect, R. 42 ... ... ... 24 
 
 further provisional renewal, R. 43, F. 16 
 
 provisional transfer, ss. 1, 6 (a), 9 (1), R. 44, 45, F. 17 24 
 
 incomplete provisional grant before the Act, s. 9 (4) 3 
 
 QUARTER SESSIONS, 
 definition of, s. 9 (4) 
 to impose charges, s. 3 (1), Sched. 1. ... ... ... 34 
 
 appeals to ; 8,9,13,28 
 
 division of area of, s. 5 (1), R. 52, F. 21, A and B ... 31 
 delegation of powers of, to committees, s. 5 (2) ... 32 
 may make rules as to committees, s. 5 (."i) ... ... 34 
 
 to make returns to Secretary of State, s. 7 ... ... 39 
 
 area to include non-County Boroughs, s. 8 (1) ... .39 
 
 held separately by adjournment for part of a County, 
 s. 9(4) 
 
 RECEIVER, 
 
 may be appointed by County Court on default on 
 mortgage, R. 71 ... ... ... ... ... 39 
 
 REFRESHMENTS, 
 
 obhgation to supply non-intoxicants, s. 9 (2)... ... 3,6 
 
 does not apply to ante-1869 beerhouses ... ... 5, 6 
 
 REFUSAL OF LICENCES WITHOUT COMPENSA- 
 TION, 
 
 powers of refusing the renewal or transfer of on- 
 licences under earlier Acts ... ... ... ... 1,2,5 
 
 grounds of refusing existing on-licences not being ante- 
 1869 beerhouses, ss. 1 (1), 9 (2) 3 
 
 the like as to ante-1869 beerhouses, s. 9 (3) 4
 
 98 INDEX, 
 
 PAGE OF 
 INTEODUCTION 
 
 EEFUSAL OF LICENCES WITHOUT COMPENSA- 
 TION — eontiibued. 
 summary of powers of refusal without compensation 7 
 grounds of refusal must be specified in writing, s. 1 (1) 8 
 appeals to quarter sessions ... ... ... 8,9,13,28 
 
 refusal and report at the same time impracticable ... 20 
 see " Procedure, Transfers." 
 
 REFUSAL OF LICENCES WITH COMPENSATION, 
 
 applies only to existing on-licences, ss. 1 (1), 9 (4) ... 8 
 power of, transferred to compensation authority, 
 
 s. 1 (1) 8 
 
 grounds of refusal must be specified in writing, s. 1 (1) 8 
 see " Preliminary, Principal and Supplemental 
 
 Meetings, Procedure and Transfers." 
 
 REGISTER OF LICENCES, 
 
 entries to be made in, R. 8 ... ... ... ... 39 
 
 REGISTERED OWNER, 
 
 definition of, in rules, R. 2 (1) ... 
 
 N.B. — The registered owner is entitled to the same 
 
 notices and copy documents as the licensee. 
 see " Licensee." 
 
 REMOVAL OF LICENCE, 
 
 order of removal under sect. 50 of the Act of 1872 is 
 a new licence ... ... ... ... ... ... 29 
 
 RENEWAL, 
 
 see " Provisional Licences, Refusal op Licences." 
 
 RENEWAL AUTHORITY, 
 
 definition of, R. 2 (1) 1 
 
 to I'eport to compensation authority, s. 1 (2), R. 7 ... 9 
 may be heard by compensation authority, s. 1 (2), 
 
 R. 11 13 
 
 officer of, may attend preliminary meeting, R. 11 (1) 11 
 to have notice of date for payment of compensation 
 
 money, R. 36 ' 20 
 
 expenses of, s. 3 (5) 
 
 officers for 30, 31 
 
 see "Preliminary and Principal Meetings, Refusal 
 
 OF Licences." 
 RENT, 
 
 deductions from, in i-espect of compensation charges, 
 
 s. 3 (3), sched. 2 35 
 
 REPORTS OF RENEWAL AUTHORITY, 
 
 what they should contain ... ... ... 10 
 
 to be sent to compensation authority with list of 
 houses, s. 1 (2), H. 7 '. 10 
 
 copies to be supplied to persons interested, R. 16 ... 14 
 
 rules by Secretary of State, as to, s. 6 {e) 
 RETURNS, 
 
 by quarter sessions, s. 7... ... ... ... ... 39 
 
 oi procedure followed by Commissioners of Inland 
 Revenue in valuing for estate duty. App. A, 84. 
 
 of maximum sums leviable under the Act, Appen- 
 dix I'., 85.
 
 INDEX. 99 
 
 ^ _,-, PAGE OP 
 
 RULES, INTRODUCTION 
 
 of County Court as to division of compensation money, 
 
 s. 2(3) ... 19 
 
 of Treasury as to payment over of compensation 
 
 charges, s. 3 (2) ... ... ... ... ... 35 
 
 of quarter sessions as to committees, s. 5 (3) ... ... 34 
 
 of Secretary of State, s. 6 
 
 notices under licensing rules, R. 3, 4 ... ... ... 39 
 
 dispensing power on failure to comply with, R. 6 ... 16 
 
 interpretation of, R. 2 (2) 40 
 
 SECRETARY OF STATE, 
 
 consent of, to borrow on couijDensation fund, s. 3 (5), 
 
 R. 65, 66, 69, 70 38 
 
 to make rules, s . 6 
 
 may require returns from quarter sessions, s. 7 ... 39 
 
 notice to, of division of area, R. 52, F. 21, B ... ... 31 
 
 may make orders as to separate quarter sessions, 
 
 s. 9(4) ... _ _ 
 
 consent of, required to appointment of other oi^cers, 
 
 R. 50 and of auditor, R. 62 (1) "" ... 30 
 
 and to remuneration of all officers, R. 51, 62 (3) ... 30 
 audited financial statement to be sent to, R. 64 ... 38 
 
 SHORT TITLE, 
 
 of Act, s. 10 (1) 40 
 
 of Rules, R. 1 
 
 SINKING FUND, 
 
 on mortgage of the compensation fund, R. 69, 70, 
 
 F. 26, A 38 
 
 SPECIAL SESSIONS, 
 
 includes annual licensing meeting as to term licences, 
 
 s. 4(3)(5) 27 
 
 STRUCTURAL DEFICIENCY OR UNSUITABILITY, 
 
 as grounds of refusal, s. 1 (1) 6 
 
 powers under the Act of 1902 as to 4,6 
 
 not a ground for refusing ante-1869 beerhouses with- 
 out compensation, s. 9 (3) ... ... ... ... 5 
 
 employment of surveyor to report on ... ... ... 31 
 
 SUMMARY JURISDICTION, 
 
 court of, may order forfeiture of term licence, s. 4 (5) 28 
 
 SUPPLEMENTAL MEETING, 
 
 to consider claims and determine persons entitled, 
 
 R. 23, 25, F. 8 15 
 
 to consider approval of agreed compensation money 
 
 and to settle shares, R 27, 28, 30, F. 9 17 
 
 may adjourn until amount determined, R. 30 (2), F. 14 17 
 
 notice to Commissioners of Inland Revenue to deter- 
 mine compensation money, R. 31, F. 11 
 
 notice of date of payment of compensation money, 
 
 R. 34, F. 12, 13... * 20 
 
 SURRENDERS, 
 
 on grant of new on-licences 25
 
 100 
 
 INDEX. 
 
 SUEVEYOE, 
 
 employment of, to report on structure, s. 3 (5) 
 
 TENURE OF THE LICENCE, 
 
 meaning of... ... ... 
 
 condition as to, in new on-licence, s. 4 (2) ... ... 
 
 TERM LICENCES, 
 
 may be for not more than seven years, s. 4 (3) 
 need no renewal durmg term, s. 4 (3) (a) 
 transfer of, and protection orders, s. 4 (3) (b) 
 forfeiture of, s. 4 (5) 
 
 TRADE FIXTURES, 
 
 allowance for depreciation of, s. 2 (1) ... 
 
 TRANSFERS, 
 
 definition of, s. 9 (4) 
 
 evidence in transfer cases 
 
 provisions of Act to apply as to renewals, s. 9 (1) ... 
 
 under Sect. 4 of the Act of 1828 
 
 under Sect. 14 of that Act 
 of ante-1869 licences 
 of term licences, s. 4(3) (b) 
 
 mode of dealing with transfers referred to compen- 
 sation authority, R. 45, F. 18 
 see " Provisional Licences, Refusal of Licences." 
 
 TREASURER, 
 
 of compensation authority 
 see "Officers." 
 
 TREASURY, 
 
 to make rules as to payment over of amount of com- 
 pensation charges, s. 3 (2) 
 
 UNDERTAKINGS, 
 
 failure to comply with, s. 9 (2) ... 
 notice to owner upon asking for, a. 9 (2) 
 do not affect ante-1869 beerhouses 
 no power to demand 
 procedure on asking for ... 
 given before the Act 
 
 VALUERS, 
 
 for compensation authority 
 for renewal authority 
 
 VOID LICENCES, 
 
 examples of 
 
 WANTS OF THE NEIGHBOURHOOD 
 
 as a ground of objection 
 
 PAGE OP 
 INTRODUCTION 
 
 ... 30, 31 
 
 25 
 25 
 
 26 
 
 27 
 28 
 
 16 
 
 13 
 
 21 
 21 
 21, 22 
 22 
 21 
 
 21, 22 
 
 30 
 
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 6 
 
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 7 
 7 
 
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 25,35 
 
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 SYLVAIN MAYER, B.A. (Lond.), Ph.D. 
 
 {of the Middle Temple, Gray's Inn, and the Northern Circuit, Barrister-at-Laiv). 
 
 Author oj '■'• k. Code of the Law of Rating and Procedure on Appeal," 
 " The French Code of Commerce," &c. 
 
 in Cloth, 5sm net- 
 
 The Fourth Edition of this Work contains The Agricultural Holdings 
 Act, 1900, fully annotated, in addition to the Agricultural Holdings 
 
 Act, 1883, The Tenants' Compensation Act, 1900, The Market 
 Gardeners' Compensation Act, 1895, and the Law of Distress 
 Amendment Acts, 1888 and 1895. 
 
 The Work also contains two chapters on the Principles of the Agri- 
 cultural Holdings Acts, 1883 and 1900, and the Procedure for the 
 Recovery of Compensation. 
 
 The Book, which has already passed through three editions, has been 
 found of much practical use to the Legal Profession and those who engage in 
 Farming and Agriculture. 
 
 Precedents of Agreements for Lipase with fnll details, and Precedents of 
 all forms necessary to take proceedings for the recovery of com- 
 pensation in accordance with the New Act, will be found in the 
 Appendix. 
 
 Also a SUPPLEMENT to ditto containing - 
 
 BOARD OF AGRICULTURE RULES AND FORMS 
 
 AND COUNTY COURT RULES AND FORMS. 
 
 Nincpencc Net, 
 
 85 di 8G, LONDON WALL, LONDON. 
 10
 
 WATERLOW & SONS LIMITED, LAW PUBLISHERS. 
 
 PRACTICAL SUGGESTIONS 
 
 ON THE 
 
 PEEPAEATION OF DEEDS 
 
 AND OTHER DOCUMENTS 
 
 FOR REGISTRATION AT THE VARIOUS PUBLIC OFFICES, 
 
 WITH 
 
 FORMS, TABLES OF FEES AND AN INDEX. 
 
 THIRD EDITION. In Clothf 216 net. 
 
 Tiie aim of this work is to enable those who are concerned in the preparation 
 of documents for registration to avoid the inconvenience, expense and delay which 
 are frequently caused by want of knowledge as to the particular requirements of 
 the various Public Offices. 
 
 A considerable number of precedents of Affidavits, Notices, (fee, are given 
 in the Book. * 
 
 The various Chapters relate to : — 
 Incorporation ofJoint Stock Companies i Perpetual Commissioner, 
 and the filing of Returns under the Notary Public 
 Companies Acts, 1862-1900. „ ^ ", _, a., r^ 
 
 Stampmg Deeds and other Documents. 
 Registration of Bills of Sale. r, • T 7. ^r. ., ^ ^- ^ ^ ^ 
 
 Registration of Deeds afFectmg Patents. 
 
 Registration of Deeds of Arrangement. „ ^. . .- -f i „„^ /-u„„woo 
 " " Registration of Land Charges. 
 
 Enrolment of Deeds in Chancery. | searches for Title. 
 
 Advertisements in " London Gazette." { Registration of Money Lenders. 
 
 Naturalization. i Registration of Deeds in Middlesex 
 
 Commissionership for Oaths. j Registry. 
 
 PRACTICAL HINTS 
 
 ON THE 
 
 PREPARATION & REGISTRATION 
 
 Joint Stock Companies' Forms. 
 
 FIFTH EDITION. In Cloth, 26 net. 
 
 The work contains the .Statutory Forms, with full and practical instructions for 
 Solicitors, Secretaries and other Officers of Joint Stock Companies, enabling- them to 
 prepare the various Returns under the Companies Acts in accordance with requirements of 
 the Statutes. Precedents of other Forms, such as Share Certificates, Debentures, &c.,will 
 be found therein, together with Tables of Fees and Stamp Duties, and a complete Index. 
 
 85 & 86, LONDON WALL, LONDON. 
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 WATERLOW d SONS LIMITED, LA IV STATIONERS. 
 
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 We beg to draw the attention of Solicitois, Secretaries of Corapanie.s and others to our 
 facilities for the prompt execution of Type-written work. 
 
 Reports, Schedules, Deeds, Briefs and other Law Documents copied quickly and accurately Vjy an 
 efficient staff of operators ; the greatest care being used in reading and comparing copies with originals. 
 
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 Law Copying, Deeds, Briefs, Dri'fts, Affidavits, 
 Reports, Correspondence, &c. 
 
 If in Foreign Languages ,, ,, 
 
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 Specifications, Balance Sheets, Talile, &c. . . ,, ,, 
 
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 Circulars reproduced by Auto-Cyclostyle, prices on application. 
 
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 Waterlow & Sons Limited desire to call the attention of Solicitors to 
 the facilities they possess, which enable them to undertake the copying of all 
 classes of Legal Documents with the greatest promptitude. 
 
 A competent staff of law writers and clerks is constantly engaged at 85 and 86, London 
 Wall, E.G., and at 49, Parliament Street, Westminster, and W. & S. Ld. are therefore 
 enabled to execute any work entrusted to them with the utmost care and despatch 
 
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 Charges for copying at per folio of 72 words — ^ ^ 
 
 Engrossments in Round-hand . . . . . . .02 
 
 Attested Copies and Fair Copies H 
 
 Wills, Abstracts, Parliamentary Briefs and Minutes of Evidence 2 
 Abstracting Titles and Fair Copy . . . . . .06 
 
 Drafts, etc., received from the country can be engrossed or copied and sent by return post 
 
 when required. 
 
 A Large Stock of Stamped Parchment and Paper of every description being kept ready 
 for immediate use, any order can be executed without the slightest delay. 
 
 Law Lithography. 
 
 The facilities afforded by Waterlow h Sons Limited in this department 
 having led to so great an increase of their business, they are enabled to 
 retain a staff of hands capable of completing, in a few hours, any amount of 
 work, however large. 
 
 Briefs, Abstracts, Minutes of Evidence, Reports and Legal Documents, Builders' 
 Quantities, Conti-acts, Specifications, &c., lithographed in good plain roimd-hand, with 
 the greatest accuracy. 
 
 A Brief of 100 sheets can, if necessary, be lithographed in thi-ee or four hours. The 
 evidence taken daily on Private Bills or Arbitration cases may be neatly and correctly 
 lithographed or printed during the night, and delivered to Counsel before 9 o^ clock the 
 following morning. 
 
 The following prices are intended as a guide to the charges for the ordinary description 
 of Law Lithography; where a great number of copies of any document are required, 
 special estimates will be given. 
 
 Abstracts copied Briefwise, 5 to 6 folios, per Drafts, 3 to 4 folios per page, on Superfine 
 sheet on Superfine Paper : — ■ Laid Copy. 
 
 8 Copies 
 
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 Minutes of Evidence and Parliamentary Documents are charged at 2d. per folio. 
 
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 DEEDS LODGED FOR ENROLMENT AT THE CENTRAL OFFICE AND FOR 
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