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CHAPTER 35.

Geo. 4. c. 58.

16 & 17 Vict. c. 67.

Meetings for granting certificates.

Forms of certificates.

Penalties for breaches of terms of certificates.

Certificates for the sale of spirits and

AN ACT to amend the Acts for the Regulation of Public Houses in Scotland.
[7th July 1862.]

WHEREAS an Act was passed in the ninth year of the reign of His

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Majesty King George the Fourth, intituled “An Act to regulate the granting of certificates by justices of the peace and magistrates, authorizing persons to keep common inns, alehouses, and victualling houses in Scotland, " in which ale, beer, spirits, wine, and other exciseable liquors may be sold by "retail under excise licences, and for the better regulation of such houses, and "for the prevention of such houses being kept without such certificate"; and another Act was passed in the sixteenth and seventeenth years of the reign of Her present Majesty, intituled "An Act for the better regulation of public "houses in Scotland": And whereas it is expedient to amend the said Acts, and to make provision for more effectually preventing the sale of exciseable liquors without certificate and licence, and for other purposes relating thereto Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. THE magistrates of burghs shall meet for granting and renewing certificates for the sale of exciseable liquors within the bounds of such burghs upon the second Tuesday of April and the third Tuesday in October in each year; and the justices of the peace for the several counties or districts shall meet for granting and renewing certificates for the sale of exciseable liquors within such several counties or districts on the third Tuesday of April and the last Tuesday of October in each year; and it shall be lawful for such magistrates and justices respectively to adjourn such meetings from time to time, as they shall think fit, during the period of one month next after the day of their first meeting, but no longer.

2. THE forms of certificates contained in schedule (A.) to this Act annexed shall come in place of the forms of certificates provided by the recited Acts or either of them; and it shall be lawful for the justices of the peace for any county or district, or the magistrates of any burgh, where they shall deem it inexpedient to grant to any person a certificate in the form applied for, to grant him a certificate in any other of the forms contained in the said schedule: Provided always, that in any particular locality within any county or district or burgh requiring other hours for opening and closing inns and hotels and public houses than those specified in the forms of certificates in said schedule applicable thereto, it shall be lawful for such justices or magistrates respectively to insert in such certificates such other hours, not being earlier than six of the clock or later than eight of the clock in the morning for opening, or earlier than nine of the clock or later than eleven of the clock in the evening for closing the same, as they shall think fit: And the penalties and forfeitures provided by the recited Acts, or either of them, for breaches of or offences against the terms, provisions, and conditions of certificates, shall apply to breaches of or offences against the terms, provisions, and conditions of certificates granted under this Act.

3. EVERY certificate to be hereafter granted for the sale by retail in any house or premises of spirits or wine shall include an authority for the sale by

sell porter, ale,

retail in such house or premises of porter, ale, beer, cyder, and perry; and such wine to include authority to certificate shall have the effect of enabling the party in favour of whom the same shall have been granted to obtain any licence or licences for such beer, &c. purposes: Provided always, that nothing herein contained shall be held to prevent the justices or magistrates from granting a certificate in any of the forms in the said schedule contained for the sale by retail of wine, porter, ale, beer, cyder, or perry, or of porter, ale, beer, cyder, or perry only.

Certificates

granted contrary to this

Act, void. Licences not to be granted

4. IF any certificate shall be granted contrary to the terms and provisions of this Act, the same shall be null and void to all intents and purposes. 5. No licence for the sale of spirits, wine, porter, ale, beer, cyder, perry, or other exciseable liquors by retail, whether to be drunk or consumed on the premises of the person licensed or not, shall be granted by the Commissioners without a of Inland Revenue, or by any officer of Inland Revenue, to any person in certificate Scotland who shall not produce to the said Commissioners or officer a cer- this Act. tificate granted in terms of this Act, enabling the party to obtain such licence; and every licence which shall be granted contrary to the terms of this Act shall be null and void to all intents and purposes.

obtained under

Chief magistrate or justices on special

occasions may

grant permis

sion to keep

6. On a representation being made to the chief magistrate, or failing him the two senior acting magistrates of any burgh, or to any two justices of the peace of any county respectively by any person holding a certificate for keeping an inn and hotel or public house, and duly licensed to sell exciseable liquors to be consumed on the premises, that it is intended that any public or houses, &c. open during special entertainment shall take place therein, or in any other place or particular premises situated within the respective jurisdictions of such chief magis- times. trate or magistrates or justices, during any particular time, such chief magistrate or magistrates or justices, as the case may be, may, if he or they shall think fit, and on being satisfied that such inn and hotel, or public house, place, or premises possesses the necessary accommodation, and that the entertainment is for a public or special occasion of a legitimate and proper character, and not originating directly or indirectly with the person holding such certificate, grant such person a special permission in writing to keep such inn and hotel, or public house, place, or premises open, and to sell therein, on such public or special occasion, and for that purpose only, such exciseable liquors as he may be duly licensed to sell as aforesaid, during such time, and beyond the hour prescribed by his certificate for closing, Sunday excepted, and under such regulations, as such chief magistrate or magistrates or justices of the peace shall think fit to appoint: Provided always, that such magistrate or magistrates or justices are entitled to grant certificates, and that such justices are also heritors of or resident in the parish in which such inn and hotel, public house, place, or premises shall be situated, or, where there shall be no such justices heritors of or resident in such parish, heritors of or resident in some next adjacent parish; and it shall be lawful for the justices of the peace of any county or district, or for the magistrates of any burgh, at any April half-yearly meeting for the granting and renewal of certificates, to make such general regulations touching such permissions as they shall think fit; and such special permissions shall be subject to such general regulations: And provided further, that the person obtaining such special permission shall lodge the same with the superintendent or other chief officer of police of the district at least twenty-four hours before the commence

24 & 25 Vict. c. 21. s. 3.

Persons hold

ing licences for

the sale of table beer under recited enactment to be subject to certain conditions.

ment of such public or special entertainment; and such superintendent or chief officer of police shall furnish such person with a certified copy thereof, which shall be shown to any officer of police or constable requiring to see the same: And provided also, that the party holding such special permission shall also have obtained an occasional excise licence in that behalf.

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7. WHEREAS by an Act passed in the last session of Parliament, intituled "An Act for granting to Her Majesty certain duties of Excise and stamps," it is enacted, "that it shall be lawful for any person to take out a licence for the "sale in any house or shop of table beer, at a price not exceeding one penny halfpenny the quart, and not to be drunk or consumed on the premises "where sold; and that it shall not be necessary to the obtaining of such "licence that the said house or shop shall be rated to the relief of the poor "to any amount, or that the person applying for such licence shall produce "any certificate or enter into any bond required by any Act relating to the "sale of beer by retail": And whereas it is expedient that provision should by this Act be made for the proper and orderly regulation of the houses, shops, and premises kept by such persons: Be it therefore enacted, that every such licence shall be held by the person who shall have obtained the same on the terms, provisions, and conditions following; viz., that he shall not knowingly permit any breach of the peace or riotous or disorderly conduct within his premises, or supply liquors to persons in a state of intoxication, and shall not sell or give any such table beer to be drunk or consumed on the said premises; and shall not sell or give out therefrom any such table beer before eight of the clock in the morning or after eleven of the clock at night of any day; and shall not open his premises for the sale of any table beer, or any goods or commodities whatsoever, or sell or give out the same on Sunday; and lastly, shall maintain good order and rule within his premises; and in case any person holding any such licence shall offend against any of the said terms, provisions, and conditions, every person so offending shall for every such offence forfeit and undergo the several penalties provided by the twenty9 Geo. 4. c. 58. first section of the herein first-recited Act for the punishment of offences against the terms and conditions of certificates; and in addition to such penalties the licence granted to such person may be declared to be forfeited and to become null and void; and every such offence shall be prosecuted, tried, and determined in the same manner, and before the same courts, and subject to the same conditions, as breaches of certificate or offences against the terms and conditions thereof may be prosecuted, tried, and determined.

s. 21.

certificates.

Form, &c. of 8. IF any person shall be desirous of keeping an inn and hotel, public applications for house, shop, or premises for the sale therein of spirits, wine, beer, or other exciseable liquors, whether to be consumed on the premises or not, he shall, previous to the granting to him of a certificate for that purpose, or the renewal of any such certificate already granted, truly fill up an application for such certificate in the form contained in the first part of schedule (B.) to this Act annexed, and shall truly answer the several queries therein contained; and printed forms for such application shall be supplied to the applicant by the clerk of the peace for the county or district, or the town clerk of the burgh, in which such inn and hotel, public house, shop, or premises shall be situate, upon payment to him of a fee of sixpence for each copy thereof; and

every such application shall be filled up in a fair and legible hand, and shall be signed by the applicant or his agent thereunto authorized, and shall be lodged by the applicant with such clerk of the peace or town clerk, as the case may be, fourteen days at least before the general meeting of the justices of the peace or magistrates for granting and renewing certificates: Provided always, that it shall not be lawful for the justices of the peace of any county or district, or the magistrates of any burgh, to entertain any application for any certificate for the sale of exciseable liquors with respect to any house or premises not licensed, and for which there is no certificate at the time of making such application, until a report shall have been made and subscribed by a justice of the peace for such county or district, or a magistrate of such burgh respectively, such justice or magistrate being entitled to grant certificates, stating that the same are of suitable construction and accommodation for the purpose applied for, and accompanied with a certificate as to the applicant's character and qualification, signed by a justice of the peace for such county or district, or a magistrate of such burgh; and which said report and certi cate respectively shall be in the form, or as nearly as may be in the form, contained in the second part of schedule (B.) to this Act annexed: Provided also, that the justices in quarter sessions, to whom any appeal shall be made from a deliverance granting or refusing any application for a certificate, may by themselves, or any one or more of their number, inspect the premises for which a certificate is applied, and review the said report.

9. WHERE any person shall be desirous of obtaining a renewal of any subsisting certificate granted to him in terms of this Act, which has not been transferred during the current half year, it shall not be necessary that he produce along with his application any recommendation or certificate of character and qualification: Provided always, that such exemption shall not be held to interfere with the powers of justices and magistrates under the said recited Acts or this Act to deal with such application.

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for certificates

10. THE clerk of the peace of every county or district and the town clerk List of new of every burgh shall, at least ten days before the general meeting of the applications justices of the peace or the magistrates, as the case may be, for the granting to be published, and renewal of certificates for the sale of exciseable liquors, make out, and &c. advertise at least twice in one or more newspapers printed or generally circulated in the district, a complete list, in the form, or as nearly as may be in the form, set forth in schedule (C.) to this Act annexed, of all applications for certificates within their respective bounds for premises not at the time certificated, and of all applications by new tenants or occupants of premises at the time certificated, and also of all applications for renewal of certificates which have been transferred during the currency of the previous half year; and such clerks of the peace shall also, within the said time, transmit by post, with postage prepaid, to the registrar or registrars of every parish within their respective counties or districts, a copy of the list of such applications in so far as applicable to the parish of such registrar or registrars, who are hereby required to preserve the same, and to give access thereto to any party applying for inspection thereof upon payment of a fee of one shilling for such inspection: And it shall be lawful for the justices of the peace of any county or district, or the magistrates of any burgh, at any April half-yearly meeting for the granting

Power to justices, &c. to cause descrip

persons to

whom certifi

tive lists to be and renewal of certificates, if they shall think fit, to cause a descriptive list of printed of persons to whom certificates shall have been granted for the year next ensuing, with the premises to which such certificates apply, within their respective jurisdictions, to be made up and printed, in such form as they shall direct, for the use of themselves and others concerned in the execution of the said recited Acts and this Act; the expense whereof shall be paid out of the respective funds in this Act specified into which penalties and expenses shall be paid.

cares have been granted.

Certain parties may object to

the granting or renewal of certificates.

Hearing of such objections, &c.

Justices or magistrates at general meetings may

hear certain objections to granting certificates.

Power to officers of police, &c.

to enter eating

houses, &c. if they believe exciseable

11. ANY person or the agent of any person owning or occupying property in the neighbourhood of the house or premises, in respect of which any certificate or renewal of any certificate shall be applied for, may object to the granting or renewal of such certificate by lodging, at any time not less than five days before the general meeting of the justices of the peace or magistrates of the county, district, or burgh, for the granting and renewal of certificates, where such house or premises shall be situated, with the clerk of the peace or town clerk, as the case may be, a notice in writing to that effect, signed by such person or his agent, specifying the grounds of such objection; which objection shall be heard at the then ensuing general meeting; and if such objection shall be considered of sufficient importance by the justices of the peace or magistrates in such general meeting, and shall be proved to their satisfaction, the said certificate shall not be granted or renewed: Provided always, that no such objection shall be entertained, unless it shall be proved or admitted that the person so objecting or his agent did, at least five days before such general meeting, deliver or cause to be delivered to the person applying for such certificate a copy of the aforesaid notice, or did forward to him by post, with postage prepaid, or did leave for him a copy thereof, addressed to him at his place of abode mentioned in his application, or, in the case of an application for the renewal of any certificate, at the licensed premises for which the application is made; and it shall be lawful for the justices of the peace or magistrates respectively, in the event of their considering the allegations and objections against a renewal of a certificate contained in any such notice frivolous or vexatious, or unauthorized, to find the person or agent, as the case may be, making the same liable in such expenses as they shall deem proper; and the amount of the expenses so found due shall be recoverable in the sheriffs or justices of the peace small debt court having jurisdiction in the district; and a certified copy of the aforesaid finding shall be sufficient evidence and authority for decerning for the amount thereof with expenses. 12. It shall be lawful for the justices of the peace of any county or district, or for the magistrates of any burgh, at any general meeting for the granting and renewal of certificates held within their respective jurisdictions, to hear and determine as at present, and without the notice required by section eleven, any objections to be made verbally or in writing by any justice of the peace or magistrate, or by the procurator fiscal, chief constable, or superintendent of police, against the granting or renewing of any certificate.

13. It shall be lawful for any chief constable, superintendent, lieutenant, or inspector of police at any time to enter and inspect any eating house, toll house, temperance hotel, shop, or other place, or any boat or vessel, where food or drink of any kind is sold to be consumed on the premises, or in which he shall have reason to believe that exciseable liquors of any kind are being

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