Licensing Act, 1872

Licenses wilfully withheld by holder. 5 & 6 Vict. c. 44.

41. Whereas by the second section of the Licensing Act, 1842, the magistrates or justices in petty sessions are empowered, in the event of a license being lost or mislaid to receive a copy of such license, and to deal therewith in manner in the said section mentioned: And whereas it is expedient to extend the power of such magistrates or justices to the reception of a copy of a license in the event of a license being wilfully withheld by the holder thereof: Be it enacted, that such section be construed as if after the words “lost or mislaid,” there were inserted the words “or if the application is for the grant of a license [1 or for the transfer of a license] has been wilfully withheld by the holder thereof.”

[1 Words in brackets inserted, 47 & 48 Vict. c. 29. s. 1., subject to a proviso that the magistrates or justices shall be satisfied by evidence submitted to them that the license is withheld without any legal right to withhold the same.]