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LICENSING (IRELAND) ACT 1833
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CHAPTER LXVIII.
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An Act to amend the Laws relating to the Sale of Wine, Spirits, Beer, and Cider by Retail in Ireland.[1]
[28th August 1833.]
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[Preamble recites 6 Geo. 4. c. 81. s. 13.]
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The proper officers of excise shall grant licenses to persons licensed in the year preceding, upon production of a certificate of good character, without any authority from justices of the peace, &c.
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[1.] It shall and may be lawful for the proper officers of excise in Ireland to grant to the same persons and at and for the same houses as shall have been licensed in the year last immediately preceding, and whose licence shall not have been withdrawn or annulled, upon the production of a certificate signed by six householders of the parish (two of them being residents of the same or next adjoining townland, or street if in a city or town, in which such house is situate) to the good character of the applicant, and to the peaceable and orderly manner in which said house has been conducted in the past year, a licence or licences for the sale of beer, cider, and spirits, under the provisions of the said recited Act, to sell in Ireland by retail, in any house specified in such licence, beer, cider, and spirits respectively to be consumed in such house, without requiring the production of any certificate or other authority from any justice or justices of the peace, magistrate, or other person or persons whatever, on the persons respectively applying for such licences complying with the conditions of this Act; any thing in any Act or Acts heretofore made or in force at the time of the passing of this Act to the contrary in anywise notwithstanding.
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Notice to be given to clerk of the peace, 21 days before application is made to the sessions, by any person not before licensed, stating particulars of situation, &c.
Clerk of the peace shall, ten days before sessions, make out a list of applicants, and transmit the same to the magistrates.
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2. Every person in Ireland who shall not have been duly licensed in the preceding year to sell beer, cider, or spirits to be consumed in the house where sold, and who shall intend to apply for an excise licence, under the provisions of this Act and of the said recited Act, for the sale of beer, cider, or spirits by retail, to be consumed as aforesaid, shall, twenty-one days at least before the first day of the then next general sessions of the peace to be held for the district within which the house for which such person shall desire to be licensed shall be situate, give or cause to be given to each of the two next resident magistrates, and . . . to the clerk of the peace for the county or county of a city or county of a town in which such house shall be situate, severally and respectively, a notice in writing, signed by such person, stating the intention of such person to make such application, and setting forth the situation and place of such house, as well in respect to the road or highway on or adjacent to which it lies, or otherwise, in a true and particular manner, specifying the town, townland, parish, barony, half barony, and if in a city or town the street, square, lane, or other description of place, together with the number of such house if such house shall have been numbered, and also the place of abode of such person, . . . and every such clerk of the peace shall file and keep such notice given to him, and shall, ten days at the least previous to such quarter sessions of the peace, make out a list of the names of all such applicants, with their place of abode, and the situation and description, as contained in such notice, of the house for which such person shall desire to be licensed, . . . and transmit a copy of such list to every magistrate resident within such city or town, and to the clerk of every petty sessions within such county.
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A day and hour during sessions to be fixed for calling out names of applicants, &c.
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3. Upon a certain day and hour during such ensuing quarter sessions, to be fixed by rule of said court, the names of all such applicants, together with their places of abode, shall be severally called aloud, in alphabetical order, in open court, by the officer of said court, and proclamation made of each such application, and demand made whether any one has or knows of any objection to or why such application should not be allowed or licence granted.
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Certain persons may object to licences.
Justices shall examine into objections to licences, and adjudicate thereupon.
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4. It shall and may be lawful for any justice of the peace of said city, town, or county, churchwarden or other inhabitant of said parish previously to transmit or then and there to deliver in writing to said clerk of the peace, or orally to state to said justices in sessions assembled, any matter or objection to such application, whether grounded upon the character, misconduct, or unfitness of the applicant, unfitness or inconvenience of the house or place, or number of previously licensed houses in the neighbourhood; and if any such objection shall be so transmitted or made, an entry thereof shall then be recorded by the clerk of the peace; and the justices in such sessions assembled shall then, or at some other convenient time to be appointed, proceed to consider, examine into, and adjudicate upon the truth, sufficiency, and validity of such objection, and for that purpose to examine on oath such applicant or other person as they may deem fit; and if such justices shall be thereupon satisfied of the truth and sufficiency of such objection, and shall deem it improper to intrust such applicant with a licence for such house, they shall, by order in writing to be duly entered by the clerk of the peace, prohibit such licence to be issued, and therein declare the reason or ground of such prohibition.
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Clerk of the peace shall deliver certificates to the persons entitled thereto.
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5. Upon each application being disposed of by the justices attending at such sessions it shall be lawful for the clerk of the peace or his deputy, and he is hereby required to give or cause to be given to the person entitled thereto a certificate in the form following:
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‘I A. B., clerk of the peace of do certify, that C. D. is [or C. D., and E. F. are] duly entitled to receive a licence for the sale of beer, cider, or spirits [as the case may be] by retail at in the parish of [or if extra-parochial, in the townland of ], in this county [county of a town or city, as the case may be]. Dated this day of . A. B. clerk of the peace for .’ And every such clerk of the peace shall for the issuing of such certificate be entitled to demand and receive the sum of two shillings and sixpence, and no more, as a fee, before he shall sign or deliver such certificate.
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Licences may be granted to persons not previously licensed, on production of certificate and payment of duty.
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6. It shall and may be lawful for the proper officers of excise in Ireland, within their respective districts, to grant, under the provisions of the said recited Act, a licence or licences for the sale of beer, cider, and spirits to sell in Ireland by retail, in any house specified in such licence, beer, cider, and spirits respectively, to be consumed in such house or elsewhere, to any person, though not licensed the year preceding, whom the justices of the peace for the city, town, county, or district within which such house is situate, in quarter sessions assembled as hereinbefore provided, shall not deem it improper to intrust with such licence, and to whom they shall not, by order there made, prohibit such licence to be issued, upon the person applying for such licence producing such certificate as aforesaid to such officer of excise, and complying with the other conditions of this Act, . . . such person first paying for such licence or licences the duties of excise for and in respect of such licence or licences, according to the rate and in the manner prescribed by the said recited Act, or any other Act or Acts then in force with respect to such licences.
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[S. 7 as to bond to be entered into by party requiring a licence, rep. 18 & 19 Vict. c. 103. s. 4.]
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Magistrates may annul licences held by persons convicted of misdemeanor or any offence of a higher nature.
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8. If any person licensed to sell beer, cider, or spirits by retail shall, during the continuance of such licence or licences, be convicted of any misdemeanor, or of any offence of a higher nature, . . . then and in every such case it shall and may be lawful for the justices of the peace within whose jurisdiction such person shall be licensed to sell spirits or beer, assembled at any quarter sessions or adjournment thereof, if they shall so think fit, by order in open court made upon due notice, to annul the licence held by such person; and if any such person whose licence or licences shall be so annulled and on whom a notice shall have been served of the same being annulled, signed by the said magistrates or any two of them, shall sell by retail any spirits or beer, every such person shall be subject to the same penalties as persons selling beer, cider, or spirits without having obtained a licence for that purpose are by law liable.
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Persons licensed to sell spirits and beer shall be entitled to a licence to sell wine.
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9. Every person licensed under this Act to sell beer, cider, and spirits by retail shall, so long as he shall continue so licensed, be entitled to take out a licence to sell foreign wine by retail in the same house or premises in which he shall be licensed to sell beer, cider, and spirits, . . .
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Persons obtaining licenses shall enter their names, &c., with the clerk of the peace.
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10. Every person who shall obtain a licence to sell spirits, beer, or cider by retail, to be consumed in the house where sold, shall, within six days next after he shall have so obtained such licence, deliver or cause to be delivered to the clerk of the peace for the county, city, or town within which the house specified in such licence shall be situate, a note in writing, under the hand of such person, or under the hand of some person by him authorized in that behalf, in which shall be specified, set forth, and inserted the christian and surname and place of abode of such person, and a description of the house and premises in which spirits, beer, or cider are licensed to be sold by such person, and the place where such house and premises shall be situate,. . . . ; and such licensed person shall pay or cause to be paid to such clerk of the peace the sum of two shillings and sixpence; and if any person who shall have obtained such licence as aforesaid shall not, within the time and in the manner herein-before directed, deliver or cause to be delivered such note in writing as aforesaid, every such person shall forfeit and lose the sum of ten pounds.
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Register of licences to be kept by the clerk of the peace.
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11. A list or register of every licence so to be granted for selling by retail any beer, cider, or perry, or spirits, to be drank or consumed on the premises, specifying the name and place of abode of every person licensed, . . . and the description and situation of the house or place mentioned in such licence, shall be kept at the office of the clerk of the peace for the county, county of a city, or county of a town, as the case may be; which list or register shall at all reasonable times be produced to and shall be open to the inspection and perusal of every magistrate within whose jurisdiction the house or place specified in each licence respectively shall be situate; and any copy of or extract from any such list or register, which shall or may be at any time required by any such magistrate as aforesaid, shall be given to him by such clerk of the peace.
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Persons who obtain licences for the sale of spirits within the police district of Dublin shall enter their names, &c., at the head police office, and pay 10s. to receiver of public offices, under a penalty of 2l.
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12. Every person who shall obtain or renew under this Act a licence to sell spirits in any house or premises situate within the police district of Dublin metropolis shall, within ten days next after he shall have so obtained or renewed such licence, deliver or cause to be delivered to the divisional justices of the Castle division of the said police district, or to some clerk at the head office of police of the said district, a note in writing under the hand of such person, or some person by him authorized in that behalf, in which shall be specified, set forth, and contained the christian and surname and place of abode of such person, and the situation and description of the house and premises in which spirits are licensed to be sold by such person, . . . , and such licensed person shall pay or cause to be paid to the receiver of the public offices in the said police district of Dublin metropolis the sum of ten shillings; and all sums so paid to the receiver shall go in aid of the funds of the police district of Dublin metropolis; and if any person who shall have obtained or renewed a licence under this Act to sell beer and spirits within the said police district shall not, within the time and in the manner herein-before directed, deliver or cause to be delivered such note in writing as aforesaid, or shall neglect to pay or cause to be paid the said sum of ten shillings, every such person shall forfeit and lose the sum of two pounds.
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No distiller, &c., shall hold a licence for the sale of beer, &c.
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13. No distiller, . . . rectifier or compounder of spirits, bailiff, gaoler, turnkey, constable, sheriff, sub-sheriff, sheriff’s officer, peace officer, or keeper of any turnpike gate, nor any person not being a householder, shall be capable of receiving or holding a licence to sell beer, cider, or spirits by retail, to be drank or consumed on the premises.
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[S. 14 as to hours during which retailers’ houses shall not be open, rep. 37 & 38 Vict. c. 35 (S.L.R.)]
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Justices, constables, &c., may enter into any house in which spirits or beer is sold, and put out persons tippling or gaming at prohibited hours.
Persons not quitting, or resisting justices, &c., may be apprehended, &c.
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15. It shall and may be lawful for any justice of the peace, or for any chief constable, or for any churchwarden or overseer hereinafter mentioned, or for any constable authorized for the purpose by any such justice, within the limits of his jurisdiction, to enter into any house or place kept by any person selling or having a licence to sell spirits, wine, or beer by retail, at any time between the hours of eleven of the clock on Saturday night and two of the clock in the afternoon of Sunday, or between the hours of eleven of the clock on any other night and seven of the clock in the morning, and to remove from and put out of such house or place any person who shall be so found within such prohibited hours in such house or place (not being a lodger or inmate of such house or place), and who shall appear to be or to have recently been drinking, tippling, or gaming therein; and if any such person shall not, when thereto required by such justice of the peace, chief or other constable, churchwarden, or overseer as aforesaid, remove from and quit such house, or shall forcibly resist such justice, constable, churchwarden, or overseer, it shall and may be lawful for any constable, churchwarden, or overseer to apprehend and take into custody any such person so offending, and to carry and convey, or cause to be carried and conveyed, every and any such person so apprehended before any justice of the peace within whose jurisdiction such house or place shall be situate, to be dealt with according to law; and every such person who shall so neglect or refuse to remove from or quit such house, or shall so forcibly resist such justice, constable, churchwarden, or overseer, being duly convicted of such offence, shall thereupon for every such offence forfeit any sum not exceeding twenty shillings nor less than five shillings; and if any offender so convicted shall not forthwith pay the sum so forfeited, such offender shall be committed to the house of correction for any time not exceeding one week.
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If a soldier offends, justice shall communicate the same to the commanding officer, &c.
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16. If any offender convicted in manner aforesaid shall be a soldier on full pay, and attached to any regiment in his Majesty’s service stationed or being within the jurisdiction of such justice, a communication of such conviction shall be forthwith made by such justice to the commanding officer of such regiment, and the offender so convicted shall be detained until delivered over to the commanding officer, or his order, to be amenable to military discipline.
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Penalty on persons selling beer, &c., opposing the entry of justices, &c., 10l.
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17. If any person selling or licensed to sell spirits, wine, or beer by retail, or any person aiding or assisting such retailers shall prevent or endeavour to prevent, by threats or violence or otherwise, any such justice, or chief or other constable, churchwarden, or overseer, in that behalf authorized under this Act, from entering any house or place, or for searching for any such person or persons as aforesaid, or shall assault or otherwise resist any such justice, or chief or other constable, churchwarden, or overseer as aforesaid, every such person so offending shall forfeit and lose a sum not exceeding the sum of ten pounds.
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Penalty on persons refusing to admit justice, &c., 2l.
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18. If any person selling or licensed to sell spirits, wine, or beer shall for the space of ten minutes after demand made of entrance delay or neglect to admit any justice, or chief or other constable, churchwarden, or overseer as aforesaid into any house or place of such person, for the purpose of making such search as aforesaid, such person so offending shall forfeit and lose a sum not exceeding the sum of two pounds.
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Penalty if persons are found tippling or gaming at prohibited hours, 2l.
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19. Every person selling or licensed to sell spirits, wine, or beer by retail, in whose house or place any person shall be found to be or to have been recently drinking, tippling, or gaming at any hour or time at which the sale of spirits or beer is prohibited by this Act, shall upon conviction thereof forfeit and pay the sum of two pounds.
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[S. 20, authorising parishioners in vestry to appoint overseers of public houses, rep. 37 & 38 Vict. c. 35 (S.L.R.)]
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Houses to be closed by order of justices in case of riot.
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21. It shall be lawful for any one justice acting for any county, city, or place where any riot or tumult shall happen, or for any two or more justices where any riot or tumult shall be apprehended and expected to take place, to order or direct that every person selling spirits or beer by retail, and keeping any house or place for that purpose, situate within their respective jurisdictions, and in or near the place where such riot or tumult shall happen or be expected to take place, shall close his house or place at any time and for such length of time as such justice or justices shall order or direct; and every person to whom such order shall be given, and who shall keep open such house or other place in violation of such order, shall forfeit and lose the sum of two pounds.
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[Ss. 22–38 rep. 54 & 55 Vict. c. 67. (S.L.R.) Ss. 39, 40 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[1 Short title, “The Licensing (Ireland) Act, 1833.” See Short Titles Act 1892.] |
