Whatever is declared in respect of any officer under a particular denomination, as justice of the peace, treasurer of the county, &c. is to be extended to every person whose office is similar though bearing a different denomination,-as mayor, &c.

THE LAWS

RELATING TO

INNS, HOTELS, ALEHOUSES,

AND

PLACES OF PUBLIC ENTERTAINMENT.

CAP. I.

LICENCE.

AN inn, hostel, or hostlery, properly signifies Inn, hostel, a house in which travellers, and other casual or hostlery guests, are provided with food and lodging for

themselves and their horses.

An hotel strictly signifies a house in which Hotel. such persons are provided with lodging, but not with food.

A victualling house signifies a house in which Victualpersons are provided with food, but not with ling house. lodging.

A tavern signifies a house in which persons Tavern. are regaled with wines and other liquors, but not with the more substantial entertainment of the victualling house.

A coffee house is of comparatively modern in- Coffee troduction, and in strictness signifies a house house. in which persons are supplied with the beverage from which it derives its name.

B

An alehouse in strictness signifies a house established for the sale of ale by retail, to be drank or consumed upon the premises.

Whatever restrictions are imposed on the establishment of inns, hotels, &c. originate in enactments of the legislature, there being none at common law." * For although it has been said, that at common law no man might have established a new inn, to the disadvantage of an ancient innt, that is incorrect; for no ancient institution is entitled to this protection, unless it be of the character of a franchise; that is, unless it originated in a grant of the crown.‡

All common law restrictions, with regard to inns, were confined to the manner of keeping them; that is so as not to cause a nuisance, either to the public, or to any particular individual.

The restrictions imposed by the legislature are not expressly on houses of any particular denomination, but upon the sale in a particular manner of certain kinds of liquors; and were imposed with a twofold intention,-to protect the revenue arising from the excise duty, and to prevent houses in which such liquors are sold, from being under the management of improper persons. It is not material by what appellation the house is known, if liquors are drank or consumed in it of such kind and in such manner as the statutes prohibit, without a

* Parker v. Flint, Holt 366. Stevens v. Watson, Salk. 45. R. v. Ivyes, 2 Show. 468. Anon. Palm. 367. 374. + Dalt. 33. 34. 1 Hawk. P. C. 78.

+ 2 Rol. Abr. 84-5, post.

licence, it falls within the legal denomination of an inn, alehouse, or victualling house.*

house.

The only exception is that of a house in Boardingwhich persons board and pay a sum certain, in respect of their entertainment, whether by the day, week, or any longer period, without relation to the quantity of any exciseable liquor with which they may be supplied.

A house in which lodgers are received and provided with meat and drink, under an agreement, at a stipulated rate, is not an inn, although the master of the house provides stables for their horses.t

Whoever keeps a house in which he sells ale or beer by retail, to be drank on the premises, requires a licence from the justices of the peace, which is in this tract termed an ale licence, and requires also from the officers of excise, a licence, which is here called an excise ale licence: if he sell wine in the same manner, he requires from the excise a wine licence, and also an ale licence; and if he sells spirits in the same manner, he must have from the excise a spirit li. cence, and also an ale licence; and if he sell mead,, metheglin, sweets, or made wines, he must have an excise licence to sell these liquors, and also an ale licence; although the person so selling wine, spirits, mead, &c. does not sell alc.

At common law no person was less qualified Who may than another to keep an inn, and, except in a keep ians, few instances, the disqualification depends not

* 1 Hawk. P. C. c. 78. s. 4. Dalt. 33. 34. H. P. C. 146. + Parkhurst v. Foster, Salk. 387. Carth. 417. 1 Ld. Ray. 479. 12 Mod. 254. post.

&c.

upon any legal disability, but on its being the opinion of the justices of the peace, that the person applying for the licence has, by some misconduct, shewn that he is not a person proper to be entrusted with the management of a house in which the traveller requires protection for his person and property, and the public requires that every possible restraint should be put on drunkenness, disturbances, gambling, and immorality.

It is however declared that no sheriff's officer, or officer executing the legal process of any court of justice, shall hold any ale licence.*

And that no person, whose licence has been declared forfeited and void, on a conviction of a third offence, shall be capable of retailing any exciseable liquors, under any licence, during the space of three years from the time of the adjudication.+

And if a licence be granted to any such per sons, it is an absolute nullity.

General There shall be a petty session of the justices Meeting in every division or place, twenty-one days at to grant licences, least before the general meeting, at which the majority of justices present shall, by precept

signed, appoint the day and place for holding notice of the general meeting, and direct it to the high constable of the division or place for which it is to be holden, requiring him, within five days after receipt thereof, to order the constables within his constable wick, to affix on the churchdoor a notice of the day, hour, and place at which such meeting is to be held; and to give *9 Geo. 4. c. 61. s. 16. + Ibid, s. 21.