Imatges de pàgina
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Premises

&c.

But any person having a licence to sell beer, &c. by retail, to be drank, &c. on the premises, may carry on his said business in booths, tents, or other places, at the time and place, and within the limits of any lawful and accustomed fair, or any public races.*

When any licensed house or premises is or destroyed, are burnt down, or otherwise destroyed or rendered uninhabitable by fire, or other unavoid. able cause or accident, the persons authorized to grant licences for the place, on due notice thereof, may, by indorsement on such licence or otherwise as the commissioners shall direct, empower the person or persons licensed in respect thereof, to carry on such trade or business at any other house or premises in the same district or place, of which such person or persons shall make due entry on removing thereto. But such persons shall not grant such licence until the applicants have produced an authority from the justices of the peace, to keep or commence an inn, ale-house, or victuallinghouse, in the house or premises to which such persons desire to remove.

Duration

*

Every licence under this act remains in force of licence in Middlesex and Surrey for one year from the by justices. 5th of April, and elsewhere for one year from the 10th of October, and no longer; and must be in the form set out in p. 11.

And every other licence, except as herein mentioned, is utterly void, and insufficient to entitle the party to obtain an excise licence

* 6 Geo. 4. c. 81. s. 11.

for selling exciseable liquors by retail, to be drank or consumed on the premises.*

excise.

No licence to sell exciseable liquors by retail Licence to be drank or consumed on the premises, can granted by be granted by the commissioners or any officer of excise, to any person who has not previously obtained a licence from the justices under this act. And every licence granted by such commissioners or officer to the contrary, is null and void.t

The person to whom the licence is granted by the justices, is to retain it after having produced it to the commissioners or officer of excise.t

No excise licence shall be granted for the sale of beer, cider, or perry, by retail, to be drank or consumed in the house or premises, to any person who shall not at the time of applying for it produce an authority from justices of the peace, to keep a common inn, ale-house, or victualling-house. Every licence granted to the contrary hereof is null and void; and no protection against penalties.‡

No licence for the sale of any spirits or foreign wine, or sweets, or made wines, or mead, or metheglin by retail, to be drank or consumed in the house or premises, shall be granted to any person who shall not produce a licence for the sale of beer, cider, or perry, by retail, to be so drank or consumed. Every licence granted to the contrary hereof is null and void, and no protection against penalties.§

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Duration of licence by excise.

Notice of applica tion for new liсейсе.

Commencement of new liсейсе.

Licence rendered void.

The spirits called aqua vitæ in Scotland, are deemed British spirits; and retailers thereof, must take out a licence to retail beer, and also a licence to retail spirits; and are subject to the same rules, regulations, and restrictions, as other retailers of spirits:*

The excise licence for the sale of beer, &c. and spirits, foreign wine or sweets, or made wines, or mead, or metheglin, by retail, granted to inn-keepers, shall continue in force from the day of its date until the 10th of October following, and no longer; after which a new licence must be annually obtained, and the duty paid as aforesaid.+

Every person intending to apply for a new licence, must give notice in writing at least twenty-one days before the expiration of the current licence, of such intention to the collector, or supervisor, or other person or persons authorized to grant licences for the district or place in which such business is carried on.t

Where such notice has been given, the new licence shall be dated on the day of the expiration of the current licence, and where it has not been given, and in all other cases aforesaid, the licence shall bear date on the day application was made for it, although delivered on a day subsequent to such application.†

Where the ale licence is void, and the person disabled by conviction, the licence for the sale of spirits, or foreign wine, sweets, &c. by retail, to be drank, &c. on the premises, is also null and void, and is no protection against the pe

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nalties for so selling the same without a licence, and in the prosecution for the same, the conviction shall be proved as hereinafter mentioned.*

The privileges of each University in the United ReservaKingdom, and of the Chancellors or scholars tion, privileges of thereof, and of the Vintners' company of London, colleges or any other city or town corporate, and of the and companies. mayor and burgesses of St. Albans, are preserved.†

The rights, powers, and privileges of the Universities of Oxford and Cambridge, and the Chancellors and Vice Chancellors of the same, and of the Master, Warden, freemen and commonalty (except such freemen as have obtained their freedom by redemption only) of the Vintners of the City of London, are unaffected by 9 Geo. 4. c. 61.‡

acts.

The powers of all former excise laws then in Powers of force, are applied to the enforcement of this former act, except when inconsistent, or the case is otherwise provided for.§

Except when otherwise provided, all penalties and forfeitures shall be sued for, levied, re. covered, mitigated, and distributed, according to the provisions of former excise laws.||

All powers and regulations, prescribed by any former excise law, contrary to, or altered, or re-enacted by this act, are repealed.¶

The time of granting licences for keeping inns in the city of London, is not altered by 9 Geo. 4. c. 61.‡

6 Geo. 4. c. 81. s. 23. v. post.

S. 36.

6 Geo. 4. c. 81. s. 32.

+ Ib. s. 30.
§6 Geo. 4. c. 81. s. 31.

I Ib. s. 33.

Every licence granted and recognizance entered into, under any former act, shall remain in force, until the end of the term for which it was or shall be granted or entered into; and every offence against the tenor of such licence, or in breach of such recognizance, or against any former act committed before the com* 10th Oct. mencement of this act*, shall be prosecuted, heard, and determined, and punished, as if this had not been made; and every such offence committed after the commencement of this act, shall be prosecuted, heard, determined, and punished, under its provisions.†

1828.

Name of person li

censed on

ses.

The person licensed shall have printed or fixed, in letters publicly visible and legible, at his premi- least one inch long,upon his entered premises, his name at full length, or the name or style of the firm where there are partners, and after it, the word "licensed," adding thereto the words necessary to express his licensed trade or business; and such letters shall be fixed in some conspicuous place, on the outside of the front of the premises, over the principal outward door, or gate, or entrance door thereto, and not more than three feet from the top thereof, and for not so doing, and keeping the same so painted and fixed, he shall forfeit for every offence 201.

And any person having such letter or letters implying that he carries on, or is licensed to carry on, any trade or business requiring a li cence, not being licensed, shall forfeit for every offence, 201.

+9 Geo. 4. c. 61. s. 35.

6 Geo. 4. c. 81. s. 25.

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