Historical Document · 1865
Handy-book for Licenced Victuallers, Brewers, Wine Retailers, etc.
- wine
Historical Document · 1865
my HANDY-BOOK FOR LICENSED VICTUALLERS, BREWERS, WINE RETAILERS, BEER AND REFRESHMENT HOUSE KEEPERS, AND POST MASTERS, INCLUDING THE PUBLIC HOUSE CLOSING ACT, 1864, WITH INSTRUCTIONS FOR BEGINNERS 45D An Appenvix of Aseful forms. By WILLIAM BAROLAY, Esq. SOLICITOR, LONDON: ROUTLEDGE, WARNE, AND ROUTLEDGE, BROADWAY, LUDGATE HILL. Jo. ke, 1865, ” Ow 0.8. 606 LONDON: “BAVILL AND EDWARDS, PRINTERS, CHANDOS STREET, COVENT GanDEN, roe CONTENTS. ‘OHAP. ‘PAGE PrerackE. ........2.2.2.2. «797 I. Introduction . . . ........ M21 1. Justices’ Licences . . . .:. . . . 16 How obtained— 1. Justices’ to Innkeepers . . . . . . 19 2. Excise Licences. . . 21 3. Occasional, Billiard, and ‘Packet- boat TIT. Transfer of Licences . . . . . . . . . 95 IV. Conditions of Licences . . . .... . 98 VY. Penalties . . . 382 1. For selling by retail without Licence . 32 2. For Offences ageinst Tenour of Justices’ 1. To Innkeepers oe ~~... 38 2. To Music-House Keepers . . . . 86 3. For Offences against Excise Licences. . 35 VI. Appeals . ar |) a2 4 . CONTENTS. VIL Action against Justices and others; and Jus- tices disqualified from" acting at Licensing Courts. . ..... 1. Actions against Justices . . . 1 . 2, Disqualified Fustices . . . 1... VIII. Persons disqualified to hold Licences ; and Persons free to sell Wine without a Licence . . 0 ew ew - 1. Persons disqualified a 2. Free Vintners .. se ee IX. What is selling by Retail ; and what are Standard Measures . . . oe X. Liability of Innkeepers to billet Soldiers; 3 and in respect of the Goods of their 1. To billet Soldiers . . . ... 2. In respect of Goods of Guests and how limited ... . . . see XI, Innkeepers’ Lien . . . .. 2... XII Brewers und brewing . . . . . 1... XIII. Spirits, Spirit Dealers, and Retailers. . . XIV. The Public-house Closing Act, 1864... PAGE 38 38 38 39 39 40 41 42 42 42 45 46 49 56 XV. Licence Duties and Fees ; Stamp Duties and . 1. Licence Duties under the Wine Licences and Refreshment Houses 2. Licence Duties under the Acts 6 Geo. IV. cap. 81 ; and 3 Vie. cap. 17 3. Duties payable by Postmasters soe 4, Licence Fees . . . oe ete ° 60 61 61 62 63 CONTENTS. 5 CHAP, . PAGE 5. Duties payable by Brewers . . . . 63 6. Stamp Duties. . . 2. 1. 2. 1. 64 7. Taxes 2. 2 1. 2 we 1 ow ew «68 ’ XVI. Matters common to all Houscholders as well astoInnkeepers. . . . . . . 66 1, Leases... oe ee ew ew CT 2. Covenants of Leases oa ee ew e669 3. Waste and Repair . . . . .. =. 70 4, Rent .......+ ss. Tl 5. Distraint . 2... . . 1... w 771 7. Insurance—Fire. . . . .... 78 8. Servants . . ..... 79 9. Horse Hiring, not being neceasarily within the Trade of an Innkeeper . 80 XVII. General Observations and Illustrations . . 81 APPENDIX. 1, Notice to be given when it is intended to Apply fora New Licence . . . 85 2. Notice to be given when it is intended to “Apply for permission to Transfer a Licence . . 85 3. Assignment of Fixtures and Goodwill of Busi- mess. wee . . . 86 4. Endorsement to be made on. Licence i in case of transfer . . . . . . 88 _§. Copy of Section Ist of ‘Act 26 and 27 Vio. Cap. 41, for HallofInns . . .... . 88 6. Appeal againat Justices’ decision . . . . . 89 14. 15. 16. 17. CONTENTS. . Certificate of Value of House required in cer- tain cases . Letter to Commissioners of Inland "Revenue when Dealer shall have absconded. . Withdrawal of entry with Excise 10. 11. 12. 13. Entry by Licensed Victualler with Excise Request and Receipt for Certificate Books Form of Justices’ Licence . Form of Licence to Keeper of Refrechment House . . soe ee Form of Licence to Wine Retailer : Form of Licence to Keeper of Refreshment House to retail Wine. . . Form of Conviction for Offences sgnnst tenour of Justices’ Licence . . Form of Notice usually served on Tnnkeper at billeting of Soldiers . . PAGH 89 90 90 90 91 91 92 93 94 95 96 PREFACE. Tue chief aim of this little work is to give a popular analysis of the laws which regulate and relate to the trade of that large section of the community known under the technical designation of Licensed’ Victuallers. With that view it is written in an easy style, and without the unnecessary introduction of legal terms. It is not meant to set aside, as it could not, the necessity of the services of an intelligent attorney as occasion may require, whether to advise the inn- keeper in the event of any action with a former guest or with his landlord; or of any alleged breach of the conditions of his licence; or of any dispute whatever, particularly if an action be feared. All that is meant is to make plain the laws that direct the mode of obtaining and transferring licences, and that specially affect the licensed victualler in the conduct of his business, and to furnish him with 8 PREFACE. such information as may serve to keep him out of any troubles into which, without the possession of that knowledge, he might find himself involved. We no more believe in the doctrine of every man being competent to act as his own lawyer than we believe that every man is qualified to act as his own physi- cian. But we do believe that it is the duty of every one to acquire a fair knowledge of the municipal laws that concern himself in the exercise of his own particular trade, as we believe that it is his duty to acquire a fair knowledge of physiology and the natural laws of health. And we niust take care always to remember the legal maxim that ignorance of a law is no excuse for a breach of it. Having carefully analysed the maze of Acts embracing the laws in question to render their meaning intelligible to all, the author invites his students, the licensed victuallers, to follow him attentively through the manual, and so make them- selves acquainted with those Acts, and with the summary of the reports of such decisions on law questions bearing on the subject as he may deem it to be essential to point out. A lecturer usually begins his course with a ‘synopsis of what the lecture may be expected to oS =a PREFACE, 9 contain, and we purpose to adopt the rule here in the way of prefatory digest of the matters to be dis- eussed in the work. We shall start by introducing a beginner in the trade to the various kinds of licensed houses, and from which he may select, giving him some prac- tical hints to guide him as to capital and otherwise. We shall then direct him as to the proper kind of licence he will require. The licence being got, the several circumstances under which it may be trans- ferred, and the mode in which the transfer may be effected, will be explained. Its import will also be investigated as a matter of precaution ; including the question of the penalties to which an offender sub- jects himself for a breach of the conditions, or of the provisions of the Act of Parliament under which it was granted. This will necessarily lead to an in- quiry as to the remedy open to defendants in the event of erroneous judgment by the judge, whether in the finding of fact, or in maliciously going beyond the powers conferred upon him in the exercise of his duty. The liability of the innkeeper in respect of the goods of his guests, and how limited, will then be considered, and his right to retain the same articles in security of unpaid bills. The Public- june oe ee ee 10 PREFACE. House Closing Act, 1864, will afterwards be exa- mined. A chapter for brewers will then be given, and another for spirit dealers. These, and the con- sideration of all kindred subjects specially falling within the scope of the work, and of matters common to all householders as well as to licensed victuallers, such as the question of leases and their covenants, and of servants, and a chapter of general observa- tions and illustrations will complete the work, some useful forms being appended. HANDY BOOK FOR LICENSED VICTUALLERS, ETC. CHAPTER I. . INTRODUCTION. Inns have long existed in England. They were known long before the introduction to the country of those liquids with which the “ traveller ” usually now refreshes himself, before the introduction of either tea or coffee, and before the principle of ex- tracting the “spirit” by distillation from grain and other articles of gommerce was known. Inns were first established for the purpose of | affording rest and refreshment to the wayfarer ; and it would appear that to him only was admission given to the house. The keeper was bound to accommodate the “ way- farer,” as the keeper of the present day is bound to accommodate the traveller; and he had conferred upon him certain privileges in return for the obliga- tions tnder which he’ lay, and was bound to fulfil, towards his guest. Necessity compelled the introduction of inns to rural districts, enterprise carried them into towns. 12 INTRODUCTION. (cHap. I. And from the use of pure limpid water, rising to mead, to beer, home-brewed and imported, and to wine or fermented liquors, and cordials, we have now malt liquors, and distilled or spirituous liquors, and latterly tea and coffee. All spirits distilled in Great Britain or Ireland are deemed to be British spirits. They are known to the Excise by different names, as they shall be flavoured or compounded. Flavoured, and they are called British brandy. ‘The compounds are numer- ous, and are known, technically, as British compounds, popularly, as gin, and otherwise. Juniper-berries, carraway seeds, aniseeds, and other seeds are de- cocted, and, mixed with plain spirits, make such compounds. Sugar, the juice of fruits, and essen- tial oils, are also mixed with spirits, British and foreign, giving such liquids as cherry brandy. _ Brit- ish spirits again, of the strength of 48 per cent. over proof, as tested by a certain hydrometer, are - called spirits of wine. British wine is a liquor made by fermentation from fruit and sugar, or from fruit or sugar mixed with other material; and cider and perry are the type. Then we have cordials of every name and flavour, the makers calling to their aid such articles as ginger, cinnamon, peppermint, bitter-almonds, and peach stones, the flavouring article generally giving the distinctive name to the individual liqueur. Malt liquors, beer, porter, and ale, are well known, whether pale India ale,: or bitter, from Burton-on-Trent; or ale old or sweet; or four- cHaP. 1.] INTRODUCTION. 13 penny or siz; or beer black or spruce, or common ; or porter or stout ; or Cowper, a compound. christ- ened after the party who first introduced it. Before entering upon our analysis, it may not be out of place here to introduce a brief description of the various houses of public entertainment to be met with in this country, discriminating those of the licensed victualler from those falling under another category, or the excise houses. Treating of those only that require certain autho- ° rity to carry on business, the coffee-house does not fall within our scope. But that house is restricted from doing business after ten o’clock at night. If it does so after that hour it is deemed to be a 7e- freshment house, which requires a licence, and which may continue open till one o’clock morning. A house purely a refreshment house, does not deal in spirituous or malt liquors. But it may take out, and generally does take out, a wine licence without losing its distinctive name. And a wine licence only is often taken out by confectioners, who are then known also as wine retailers. ; In addition to the refreshment-house licence and wine licence, the keeper may take out a licence for the sale of malt liquors ; or a party may take out a beer licence by itself, or a cider and perry licence by itself. A mere beer-house keeper is limited in his hours of doing business to 12, 11, or 10 o’clock, as the house shall be situated in London or Westmin- ster, or elsewhere, the time receding with the less importance of the place. 14 INTRODUCTION. [cHar. 1. These houses require no other authority to do business than a licence from the Excise; but they cannot sell spirituous liquors. ' Spirituous liquors can only be sold for consump- tion on the premises by the licensed victuallers, properly so called, and who require the authority of Her Majesty’s Justices of the Peace, or, if in Lon- don, of the Court of Aldermen, besides an excise licence, before they can open house. The houses of the licensed victuallers are again divided into two classes—the public-house or tavern, and the inn proper or hotel. The distinction is, that while the keeper of the former restricts himself to the sale of refreshments alone, and for man, the latter provides sleeping accommodation also, in short, provides, ac- cording to an old country sign-board, “ refreshment and beds for both man and horse.” But there are combinations; and we find the re- freshment-house keeper also supplying beds, and subject to the same liabilities for the loss of goode of guests, and having the same remedy for the secu- rity of payment of his bills which the innkeeper has, and to which he is subject. Again, to the business of retailer of exciseable liquors is often added that of the music hall, or the . tea-garden, or the dancing-saloon, or the discussion- forum; and facilities are generally given for the games of billiards, bowls, the noble one of chess, and others. Some retailers of beer also brew. <A publican who brews, to distinguish him from a brewing beer- cHar. I.] INTRODUCTION. 15 retailer, is called by the Excise a Brewing Vic- tualler, while the latter is honoured by having the Royal name conferred upon him of Brewer 1st William IV. We may further add here, specially for the use of those who may desire to enter the trade, that their first step is to go to an agent whose chief business it is to find a successor for an old house, or a beginner for a new one. Agents’ names will generally be found under some advertisement in the Morning Advertiser—a paper devoted mainly to the interests of the trade of the licensed victualler. The capital required necessarily depends upon circum- stances—the nature and extent of the business, and the duration of the lease of the house. But facilities are generally afforded to a beginner of limited capital that cannot be well got in any other trade, and as to which the agent he employs will be able to instruct him. We will give the beginner various cautions throughout the book for his Better guidance in the trade, and he will particularly attend to our instruc- tions with regard to leases and fixtures, and the state of repair of the premises which he is to enter; and if he means to keep an inn, to the ‘chapter on the liabilities of innkeepers for the goods of their guests, and to the definition of that term. We shall now proceed to our duty proper, to give a summary of the laws regulating and relating to ‘the different kinds of licensed houses above de- ‘scribed, together with the other matters indicated in the Preface, and as specified in the Table of Contents. 16 CO THE LICENCE. [chrar. 11. CHAPTER II. THE LICENCE. TueErt are two kinds of licences—an Excise and a Justices’. For certain limited kinds of businesses the Excise licence only is required. Other busi- nesses require tle Justices’ licence besides, and which must be got first. 1. Justices’ Licences. The granting of Justices’ licences in England is regulated by the 9 Geo. IV. cap. 61 (15 July, 1828), entitled “An Act to regulate the granting of Licences to Keepers of Inns, Alehouses, and Vic- tualling-houses in England,” hereinafter called the General Licensing Act. It extends to persons “ keeping or being about to keep inns, alehouses, and — victualling- houses, to’ sell exciseable liquors by retail to be consumed on the premises.” Exciseable liquors are by the Act deemed to include “ any ale, beer, or other fermented malt liquor, sweets, cider, perry, wine, or other spirituous liquor, which now is, or hereafter may be charged with duty either by Customs or Excise.” Music-house licences are also granted by the Justices without any charge ; and occasional licences to retail exciseable liquors at fairs and races are granted by the Excise, with the consent of one Justice. CHAP, 11.] THE LICENCE. 17 2. Excise Licences. Notwithstanding the General Licensing Act, a licence for the retail of beer, ale, porter, cider, and perry alone, to be consumed on the premises; or a licence for the retail thereof to be consumed off the premises; or a licence for the retail of cider and perry only to be consumed either off or on the premises, may be obtained from the Excise, without the authority of the Justices. A house so licensed is hereinafter called a beerhouse. With the licence to sell on, the party can also sell off the premises. One of the conditions of the licence is, that he must print his name in full in black or white, upon a white or black ground, in letters at least three inches in length upon a board to be placed over the door, publicly visible and legible, with the words ‘Licensed to sell beer and cider by retail,” and the additional words “ not to be drunk on the premises,” or “to be drunk on the premises,” as the case may be. If he fails to put up and keep up the sign- board he subjects himself to a penalty of 10/. He is also liable in the same penalty if he does not sig- nify upon it whether or not his liquors are to be consumed on the premises. A beerhouse-keeper may also take out a wine licence, under the Wine Licences and Refreshment-Houses Act. Under that Act, being 28 Vic. c. 27 (14 June, 1860), entitled “An Act for granting to Her Majesty certain Duties on Wine Licences and Re- freshment-Houses, and for regulating the licensing B 18 THE LICENCE. [cHar. 11. of Refreshment Houses and the granting of Wine Licences,” wine licences are granted and refreshment- houses licensed also by the Excise, without the autho- rity of the Justices. By refreshment-house is meant any house, room, shop, or building, kept open for public refreshment at any time between ten o’clock p.m. and five o’clock a.m., not being licensed for the sale of beer, cider, wine, or spirits respectively; and the keeper of: such house must take out a licence. A house for the sale of refreshments, but not kept open at any time between these hours, generally cafled a coffee-house, does not fall within the meaning of the Act. . A refreshment-house keeper, being a confectioner or an eating-house keeper, may also take out a wine licence. And any keeper of a shop for the sale of goods other than foreign wine, or who shall have taken out a licence as a dealer in wine, is entitled to a wine licence for sale by retail, not to be con- sumed on the premises. The sale must be made in reputed quart or pint bottles only. But when the value of the premises is under 107. a year, or 20J. if the population of the place shall exceed 10,000, a retail wine licence for sale to be con~ sumed on the premises cannot be granted. Tobacco, and billiard-room, and packet-boat licences are also granted by the Excise, as well as licences to theatres established by Royal Letters Patent, or any theatre, or other place of public entertainment, duly licensed by the Lord Chamber- lain or Justices of the Peace. CHAP. 11.] THE LICENCE—HOW OBTAINED. 19 Having thus indicated what kind of licences are required, and by whom granted, we shall next ex- plain HOW THEY ARE OBTAINED. 1. Justices to Innkeepers. In and for London, the licence is granted by the Court of Aldermen sitting as a bench of magistrates. Elsewhere, by the Justices at a meeting called the General Annual Licensing Meeting. In Middlesex and Surrey that meeting is, held within the first ten days of March, and before the end of the month if adjourned. Elsewhere, on a day in autumn, between 20th August and 14th Sep- tember, and before the end of September if adjourned, the adjourned day in each case not being sooner than six days. , The Justices, in Petty Session assembled, at least twenty-one days before, appoint the day, hour, and place for the autumn meeting, of which meeting no- tice must be given on the church or chapel door, or on some other conspicuous place within the parish or district, if there be no church or chapel. That must be done within five days after the Petty Ses- sion ; and within the same time, a like notice must be given to each party holding a licence, or who has given notice of his intention to apply for one. No- tices of adjournment must be given in the same manner. ; At the autumn meeting, or at the adjournment B2 20 THE LICENCE—HOW OBTAINED. [cHaP. 11. thereof, licences are granted to such applicants as a majority of the bench shall deem fit and proper. And qualified Justices of adjoining counties may act where only one qualified Justice of the district shall be present. Any one intending to apply for a licence for a house not previously licensed must affix a notice on the door thereof, and on the door of the church or chapel of the parish or place, or on some other pub- lic and conspicuous place within the parish or place if there be no church or chapel, on three Sundays between Ist January and last day of February as regards Middlesex and Surrey, and between lst of June and last day of July as regards other counties ; and at some time between ten o’clock forenoon and four o’clock p.m. -He must also serve a copy of the notice upon an overseer of the poor, and upon a constable, or other peace-officer of the parish or place within which the house is situated, and that during the month of February as regards Middlesex and Surrey, and the month of July as regards other counties. The notices may be written in a fair and legible hand, or printed, and signed by the applicant or his authorized agent. The form prescribed by the General Licensing Act is given in the Appendix. If the applicant be hindered by sickness or infir- mity, or by any other reasonable cause, from attend- ing the licensing meeting in person, upon proof thereof, the licence may be granted and delivered to any party present authorized to receive it. A me- dical certificate is received as sufficient proof. CHAP. I1.] THE LICENCE—HOW OBTAINED. 21 2. Excise Licences. The applicant for a beerhouse licence only pro- duces to the Commissioners of Excise in London, or to the supervisor and officers of excise of the survey elsewhere, an overseer’s certificate of his residence, occupation and rental; and also a certi- ficate of character from six householders of the parish, rated for the poor at not less than 6/. each, if he mean to sell on the premises. If he do not meayp so to sell, the overseer’s certificate only is required. Neither is the certificate of character required as to any house situated within the cities of London or Westminster, or within any parish within the bills of mortality, or within any city or town corporate, or within one mile from the place used at the last election of a member of Parliament as the polling-place, provided the population of such place by the last census shall not exceed 5000. The com- missioners or the officer then provides the applicant with a form of application, which he will fill up with his name and address and that of his proposed surety ; and in the course of ten days the applicant will be informed whether or not the licence will be granted. The surety given is by bond conditioned for the payment of any penalty not exceeding the sum of 201. which may be incurred for any offence against the Acts under which the licence shall be granted. One beerhouse-keeper cannot become surety for another. Nor can one be surety who is not a householder assessed for and paying poor-rates. 22 THE LICENCE—HOW OBTAINED. ([cHAP. I. New applications must be made, certificates pro- duced, and bonds entered into, annually before 11th October. A party certifying to what is false, or making use of any certificate knowing it to be false or forged, is subject to a penalty, on conviction before two magistrates, of 20/.; and every licence obtained by means of a false or forged certificate, knowingly used, becomes void and null, and the party cannot again at any time obtain a licence to sell beer. A party having obtained a justices’ licence goes to the officer of excise of the survey and makes entry of his premises. The officer will then give him a certificate of entry, the production of which along with the justices’ licence to the collector of inland revenue entitles him to the excise licence, if the annual rent or value of the premises is not less than 50/7. If less, and the premises are not rated . for house duty, a certificate of the annual value and rent of the premises by the owner and occupier must also be produced. A form of certificate is given in the appendix. But the licence may be withheld if the house be considered of greater value, and till inquiry be made. Every place used, in the way of the party’s busi- ness must be entered with the proper officer of excise. _ For having liquors in unentered premises, the penalty is forfeiture of the liquors found therein, besides “the penalties imposed by the statutes in that be- half for making use of any unentered room or place.” ~ To sell, too, at a place not entered is deemed to be CHAP. I1.] THE LICENCE—HOW OBTAINED. 23 selling without a licence, except on occasional licences. And officers of excise may enter and search pre- - mises at any time. They can also demand production of any licence for inspection, refusal subjecting the party to a penalty of 20/. Twenty-one days’ notice of a desire to renew the licence is required ; and if the officers do not call to ascertain whether a renewal is wanted, which they generally do, the notice should be given. 3. Occasional, Billiard, and Packet-boat Licences. A licensed retailer of beer, spirits, and wines may obtain licences for the sale thereof at fairs or races. The licence is granted by the excise with the consent of one justice, and extends to three days, and from sunrise to one hour after sunset each day. If, therefore, 9 fair or race be continued for more than three consecutive days, a new licence must be ob- tained for each additional period of three days or part of three days, if the party desires to continue his traffic at the fair or race. The duty is 2s. 6d. aday. He may also obtain a licence to sell on the occasion of any public dinner or ball, the hours being specified at the time by the consenting justice. Occasional licences may also be granted under the Public-house closing Act, 1864, by the authority mentioned in the Act, and reference is made to Chapter XIV. Any innkeeper may keep a billiard- table. But a mere beerhouse-keeper must take out an excise licence. And if he does, the fact 24 THE LICENCE—HOW OBTAINED. [cHaP. 11. must be publicly indicated by putting up a notice inscribed “ Licensed for Billiards,” under a penalty of 107. The game cannot be played at any time when the premises must be kept shut against the public for the sale of liquors, and a beerhouse- keeper subjects himself to heavy penalties and to indictment as for keeping a common gaming-house, if he allows the game without having a licence. The Excise grant licences for the sale of excise- able liquors and tobacco on board packet-boats to the master or commander, or party nominated by the owners. The licences may be transferred to other masters or commanders of the same vessel, or to any vessel substituted for the same vessel, by en- dorsement. The traffic in exciseable liquors cannot be carried on within any licensed packet moored within the metropolitan district during the hours and times forbidden to licensed dealers, on shore, under a penalty not exceeding 5/., recoverable before any magistrate of the metropolitan police courts, or if the offence shall have been committed beyond the limits of any metropolitan police court, then before any two justices-of the peace having jurisdiction therein. But the offender may be imprisoned for a calendar month, instead of being fined; and for the same period if he fails to pay any fine imposed. The licence duty is 1/. 1s. New licences being thus got, we shall now consider the matter as regards their transfer. CHAP. I11.] TRANSFER OF LICENCES. 25 CHAPTER III. TRANSFER OF LICENCES. Av the general annual licensing meeting, at least four and not more than eight special meetings are fixed to be held during the year ensuing, at periods as near as may be equi-distant, for the purpose of transferring licences to persons intending to keep inns heretofore kept by other persons about to re- move from such inns. Notice of these special meetings must also he given in the way in which notice of the annual general mecting is appointed to be given. And a notice of application to transfer a licence must also be served upon an overseer of the poor, and upon a constable, or other peace officer, of the parish or place within which the house is situated, five days at least prior to the special meeting. The notices may be written or printed, and signed in the manner directed in the preceding chapter in the case of notices by an applicant for a new house. The form prescribed by the Act is given in the Appendix. And the transfer may be granted in the ab- sence of the applicant in the circumstances, and upon the proof, mentioned in the preceding chapter in the case of the absence of an applicant for a new licence. By the General Licensing Act, in case of any of 26 TRANSFER OF LICENCES. [CHAP IIT. the following contingencies—and in such cases only :— 1. The death of the innkeeper ; 2. His incapacity to keep an inn by reason of sickness or other infirmity ; 3. His bankruptcy ; 4, His taking the benefit of the Act for the relief of insolvents ; 5. His, or his heirs’, executors’ or administrators’, or assigns’ removal from, or yielding up pos- session of, the licensed premises ; 6. The wilful omission or neglect of the occupier of any such premises about to quit the same, to apply for a renewal of licence at the annual licensing meeting, or adjournment thereof; the Justices may, at the special meeting, grant licence (1) to the heirs, executors, or administrators of the deceased ; of (2) to the assigns of such persons be- coming incapacitated from business; or (3) to the assigns or assignees of such bankrupt or insolvent ; -or (4) to any new tenant, or occupier, of any house having so become unoccupied ; or (5) to any person to whom such heirs, executors, administrators, or assigns ‘shall by sale, or otherwise, have bond fide conveyed, or otherwise made over, his or their interest in the -occupation and keeping of the premises. And in the event of 7. The house being, or being about to be, pulled down or occupied for any public purpose under the provisions of any Act ; , 8. Or of the premises being destroyed by fire, CHAP. IlI.] TRANSFER OF LICENCES. 27 tempest, or other unforeseen and unavoidable calamity, rendering them unfit for the recep- tion of travellers, and for the other legal pur- poses of an inn; the Justices may, at such meeting, grant licence to the keeper if he shall open and keep as an inn some other fit and convenient house. But the applicant must, in the two last-mentioned events, within the six weeks next before the special meeting, give the like notices as are required to be given by parties intending to apply for a licence at the annual licensing meeting, and as directed in Chapter IT. In case of the death of a beerhouse-keeper his licence can be transferred, and in that event only, to his executors, administrators, widow, or child. Or a new licence altogether may be obtained on payment of the duty and giving the usual bond, if the residue of the term be less than three months. In case of the transfer of a licence and in the general case, the tenant should get the landlord to elect the new tenant. A transfer is generally made for a consideration for fixtures and goodwill, and the form of an assignment thereof is given in the Appendix. The licence being obtained by transfer or other- wise, it is the duty of the victualler at once to inform himself of its import, that he may not un- knowingly be led to commit any breach of its pro- visions. We shall therefore now analyse these 28 CONDITIONS OF LICENCES. [cHAP. Iv. CHAPTER IV. CONDITIONS OF LICENCES. 1. Justices’ Licences. Licences to innkeepers are granted under the provisions that they do not— 1. Fraudulently dilute or adulterate their liquors, ’ or sell the same knowing them to have been fraudu- lently diluted or adulterated. 2. Nor use in the selling thereof any weights or measures that are not of the legal standard. - 8. Nor wilfully or knowingly permit drunkenness or other disorderly conduct in their houses or pre- mises. - 4. Nor knowingly suffer any unlawful games or any games whatsoever therein. 5. Nor knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein. 6. Nor keep open house, except for the reception of travellers; nor permit or suffer any exciseable liquor to be conveyed from or out of the premises during the usual hours of Divine service on Sundays, Christmas-day, or Good-Friday, but do maintain good order and rule therein. To these days must be added any day appointed for a public thanks- giving. The hours observed for doing business in the CHAP. Iv.] CONDITIONS OF LICENCES. 29 Metropolitan Police District, and within a radius of 15 miles from Charing Cross, under this last condi- tion and under the Act 18 and 19 Vic. cap. 118, 14th Aug. 1855, for regulating the sale of liquors on the days mentioned, are from one to three and after five o’clock. And inns must be further closed on Saturday nights at twelve o’clock, on the nights of the days mentioned at eleven o’clock, and on the day following these days they cannot be opened before four o’clock a.m. The regulation in regard to hours is materially affected by the recent Public- house Closing Act, 1864, as regards licensed vic- tuallers, refreshment-house keepers, and free vint- ners, as to which see Chapter XIV. And wine retailers and beerhouse keepers are also curtailed in hours as after mentioned. Two Justices may direct any innkeeper, refresh- ment-house keeper, or beer-house keeper, whose house shall be near the place where any riot or tumult shall happen, or be expected to take place, to close his house at any time during which the said Justices shall direct. And if he refuse he shall be deemed not to have maintained good order and rule therein. And further, innkeepers and others must not allow disorderly persons or prostitutes to assemble and linger about their houses. If they do, they subject themselves to a fine, while they cannot be witnesses in their own behalf. A music-house keeper must have inscribed in large capital letters and placed over the door or 30 CONDITIONS OF LICENCES. [cHAP. IV. entrance to his place of entertainment the words— “ Licensed pursuant to Act of Parliament of the twenty-fifth of King George the Second ;” and he must not open his place for the public before five o’clock p.m. 2. Excise Licences. A keeper of a refreshment house is bound to maintain good order and rule therein ; and the other conditions of his licence are the same as the third, fourth, and fifth conditions of the Justices’ Licence to Innkeepers. A licence to the keeper of a refreshment-house to sell wine by retail to be consumed therein is granted under the conditions that he do not— Mix or cause to be mixed any spirits, or any drugs, or other pernicious ingredients, in any wine sold in his house, nor sell, or offer for sale, any wine which to his knowledge has been so mixed, diluted, or adulterated. And under the other conditions, being from two to six inclusive before specified under the head of Conditions of the Justices’ Licence to Innkeepers. The Excise licence to sell wine by retail not to be consumed on the premises is granted under the conditions first above specified under which the last-mentioned licence is granted. Farther, as to hours, wine retailers under the Wine Licences and Refreshment-houses Act, besides being subject to the hours and times for opening and closing their places of business to which inn- CHAP. Iv.] CONDITIONS OF LICENCES. 31 keepers are subject on certain days, must also close every ordinary day within the cities of London and Westminster, and the boroughs of Marylebone, Finsbury, the Tower Hamlets, Lambeth, and South- wark, at twelve o’clock p.m., and not open before five o’clock a.m. In any other place with a popu- lation exceeding 2500, the hour of closing at night is eleven o’elock ; elsewhere, ten o’clock. The penalty for an offence against this regulation is 40s. for every offence, there being as usual an exemption in favour of lodgers. Beerhouse-keepers are subject to all the ordi- nary rules and police regulations to which other licensed traders are subject, and to the same hours and times for opening and closing their places of business as wine retailers as above mentioned, under the same penalty. By the Wine Licences and Refreshment Houses Act it is deemed to be drinking on the premises to take or carry away, or permit to be taken or carried away, with intent to evade the provisions of the act, any wine from the licensed person’s premises for the purpose of being sold on his account, or for his benefit or profit, drunk or consumed in any other house, or in any tent, shed, or other premises of any kind whatsoever, belonging to such lieensed person, or hired, used, or occupied by him. And such breach of the licence subjects the offending party to the same penalty as if the wine had actually been consumed on the licensed premises. To drink at a bench placed outside the door of 32 PENALTIES. [cHaP. v. any licensed house is also held to be drinking on the premises. And officers of police may enter the premises and outhouses to see that the terms of the licences are not infringed, and at any time. If refused admit- tance, the keeper is liable to a penalty of five pounds for a first offence, for a second to have his licence suspended. These being the conditions of the licences, the next chapter may be properly devoted to a considera- tion of the question of penalties for infringement thereof, in so far as not already mentioned. CHAPTER V. PENALTIES. 1. For Selling by Retail without Licence. Tue penalty for every offence for selling without a licence exciseable liquors by retail to be consumed on the premises is a sum not less than 5/. nor more than 20/., besides costs of conviction. And it may be recovered on conviction before one justice. But the penalty is not incurred by heirs, executors, administrators, or assigns’ of any licensed person who shall die, or become bankrupt, or take the benefit of the Insolvency Act, before the expiration of his licence, if the sale be made in the licensed house, and prior to the next special session, or prior to the special session following, if the first shall be holden a cHur, V.] PENALTIES. 33 within fourteen days next after the death, bankruptcy, or insolvency of the said person. The penalty is over and above the excise penalty of 201. incurred by every person who shall sell wine by retail, whether to be consumed on the premises or not, without being licensed. And the defendant, if he alleges it, must show that he has a licence by producing it. 2. For Offences against Justices’ Licence. 1. To Innkeepers. We have already given the tenour of the licence. The penalty for offences against any of the condi- tions is— For the first offence, a sum not exceeding 5/. For the second, a sum not exceeding 101. And for the third, a sum not exceeding 50/., be- sides the costs of conviction in each case. The penalty may be recovered before any two justices as regards the first and second offence. And as regards the third, on proof of the previous con- victions, the justices must adjourn