Licensing (Ireland) Act, 1836

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LICENSING (IRELAND) ACT 1836

CHAPTER XXXVIII.

An Act to amend an Act passed in the Third and Fourth Years of the Reign of His present Majesty, intituled “An Act to amend the Laws relating to Excise Licences, and to the Sale of Wine, Spirits, Beer, and Cider, by Retail, in Ireland.”[¹] [28th July 1836.]

[Preamble recites 3 & 4 Will. 4 c. 68.]

Proper officers of excise, before granting licences to persons licensed in the year preceding, shall require a certificate of good character from the chief constable of the constabulary force in the district, or two overseers, in addition to the certificate required by the recited Act.

[1.] It shall and may be lawful to and for the proper officers of excise, and they are hereby directed, to require from all and every person and persons applying for such licence as in the said Act mentioned, to sell beer, cider, and spirits by retail, to be consumed in any house specified in said licence, being the same house as shall have been licensed in the year last immediately preceding, and whose licence shall not have been withdrawn or annulled, in addition to the certificate of six householders of the parish in the said recited Act mentioned, a certificate to the same purport and effect from the chief constable of the constabulary force acting in and for the district in which such house may be situate, or in lieu thereof a certificate from two of the overseers appointed or to be appointed, as provided in and by the said recited Act or by this Act, for the parish in which such house is situate; and in such certificate the said two overseers shall state the time of their appointment, and that they acted as such overseers at least for one month in the year immediately preceding the date of such certificate; and such certificate shall be signed by the said overseers without fee or reward.

Process servers not to be licensed to retail beer, &c.

2. No person appointed to serve civil bill processes shall be capable, while he holds such office, of receiving or holding a licence to sell beer, cider, wine, or spirits by retail.

[S. 3 rep. 8 & 9 Vict. c. 64 s. 1. S. 4 (retailers houses not to be open for the sale of spirits, &c. between 9 p.m. on Sunday and 9 a.m. Monday) rep. 37 & 38 Vict. c. 35. (S.L.R.)]

Booths and tents at fairs, &c. not to be open for the sale of spirits, wine, or beer at any hour between 6 p.m. and 9 a.m. in summer, and 3 p.m. and 9 a.m. in winter, nor at any time on Sunday, &c.

5. No person selling or licensed to sell beer or cider and spirits or wine, by retail, to be drunk or consumed on the premises, or otherwise, shall have or keep any booth or tent or other place, not being a house duly licensed for the sale of spirits, at any lawful or accustomed fair or at any public races, open for the sale of spirits, wine, or beer, nor shall sell or retail spirits, wine, or beer, nor shall suffer any spirits, wine, or beer to be sold, drunk, or consumed in or at such booth or tent or other place, between the hours of six of the clock in the evening and nine of the clock in the morning at any time between the first day of April and the first day of the following month of October, or between the hours of three of the clock in the afternoon and nine of the clock in the morning at any time between the first day of October and the first day of the following month of April, nor at any time whatsoever on any Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving; and if any such person shall keep such booth or tent or other place open for selling or shall sell spirits, wine, or beer, or shall suffer any spirits, wine, or beer to be drunk or consumed in or at such booth or tent or other place, at any hour or time at which the same are hereby respectively prohibited, such person shall forfeit the sum of two pounds for any such offence; and every separate sale shall be deemed a separate offence; and all sales on any one day shall be deemed and considered and may be prosecuted as separate offences; and this prohibition shall be deemed and taken to extend to the sale of spirits, wine, or beer to a traveller as well as to any other person.

Justices and constables, &c. may enter into any house, &c. in which spirits, &c. are sold, and remove persons tippling or gaming during prohibited hours.

Persons not quitting, or resisting justices, &c. may be apprehended, &c.

6. It shall and may be lawful for any justice of the peace or for any chief constable, or for any churchwarden or overseer in the said recited Act or herein-after mentioned, or for any constable authorized for the purpose by any such justice, within the limits of his jurisdiction, to enter into any house, booth, tent, or other place kept by any person selling or having a licence to sell spirits, wine, or beer by retail, at any time or hour during which the sale of spirits, wine, or beer is by this Act prohibited therein, and to remove from and put out of such house, booth, tent, or other place any person who shall be found within such prohibited hours in such house, booth, tent, or other place (not being a lodger or inmate thereof) 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, booth, tent, or other place, or shall forcibly resist such justice, constable, churchwarden, or overseer, or shall be found drunk therein, 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, booth, tent, or other 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, booth, tent, or other place, or shall so forcibly resist such justice, constable, churchwarden, or overseer, or be so found drunk in such house, booth, tent, or other place, 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 common gaol or any house of correction or bridewell of the county or place for any time not exceeding one week.

If a soldier offends, justice to communicate the same to his commanding officer.

7. 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 the said 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.

Retailers of spirits shall not permit illegal assemblies in their houses, or hang out flags or emblems therefrom.

8. No person licensed to sell spirits by retail to be consumed on the premises or otherwise shall knowingly permit any body, union, society, or assembly of persons declared to be illegal or prohibited by any law in force at the time of the passing of this Act, or any body, union, society, or assembly of persons, who shall require from persons about to be admitted or being admitted thereto, or into the said body, union, society, or assembly, any oath, test, solemn declaration or affirmation not expressly allowed and required by law, or who shall observe on the admission of members or on any other proceeding any religious or other solemn mystery, rite, or ceremony, or seeming or pretended religious or other solemn mystery, rite, or ceremony not sanctioned by law, or who shall wear, bear, or display, on occasions of their meeting or assembling together, any arms, flags, colours, symbols, decorations, or emblems whatsoever, to meet or assemble or hold a meeting or assembly on any occasion or pretence whatsoever in the house or other place of sale of such person so licensed, nor shall on any occasion or pretence whatsoever hang out or display, or suffer to be hung out or displayed, on, from, or out of such house or other place of sale, any sign, flag, symbol, colour, decoration, or emblem whatsoever, except the known and usual and accustomed sign of such house or other place of sale usually fixed thereto in the way of business; and if any such person shall knowingly permit any such body, union, society, or assembly to meet or assemble or hold any meeting or assembly on any occasion or pretence whatsoever in the house or place of such person, or shall hang out or display, or suffer to be hung out or displayed, on, from, or out of such house or place of sale, any such sign, flag, symbol, colour, decoration, or emblem whatsoever, except as aforesaid, any such person so offending shall forfeit and pay for every such offence the sum of two pounds, and the licence of such person convicted of such offence shall not be renewed by the proper officer of excise without the certificate of the justices at quarter sessions assembled, and of the assistant barrister attending said quarter sessions, that they consider such person to be, notwithstanding such conviction, a fit person to be licensed, on condition of his not again committing a like offence; and if any such person so convicted and obtaining a renewal of his licence on said certificate shall be again convicted of a like offence, such licence shall immediately on such second conviction become null and void to all intents and purposes whatsoever, and such person shall not be capable at any time thereafter of obtaining such licence: Provided however, that nothing herein contained shall extend to any meeting of persons consisting exclusively of Free-masons or members of the society called the Friendly Brothers.

Justices and constables may enter any house in which spirits, &c. are sold, and put out persons found met or assembled illegally, and remove banners, &c.

Persons not quitting house or resisting justices, &c. may be apprehended, &c.

9. It shall and may be lawful for any justice of the peace, or for any chief constable or for any constable authorized for the purpose by any such justice or chief constable, 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 to be consumed on the premises or otherwise, in which such justice or chief constable shall, from information on oath or otherwise, have reason to believe or suspect that any such body, union, society, or assembly is met or held, or on or from which any such sign, flag, symbol, colour, decoration, or emblem shall be hung out or displayed, and to remove from and put out of such house or place any person who shall be found met or assembled therein with or as members of or belonging to any such body, union, society, or assembly, and to remove and take away and destroy, if he shall think proper, any arms, banners, flags, colours, symbols, emblems or decorations found on or with such persons, or hanging out or displayed on or from such house or other place, and to require every such person so found to state truly to him his name and place of abode, and to require the immediate inspection of and take possession of any book of proceedings or other book used at such meeting or brought thereto, and to detain such book for such time as he may think proper, not exceeding fourteen days; and if any such person shall not, when thereto required by such justice of the peace, chief or other constable as aforesaid, remove from and quit such house, or if any person whatsoever shall forcibly resist such justice or constable, it shall and may be lawful for any constable to apprehend and take into custody any 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, or who shall refuse to state his name and place of abode, or shall not truly state the same, 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 goal, bridewell, or house of correction, for any time not exceeding one week.

Penalty on persons selling spirits, &c. who oppose the entering of justices, &c.

10. If any person selling or licensed to sell spirits, wine, or beer by retail, or any person aiding or assisting such retailer, 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 or the said Act of the third and fourth years of the reign of his present Majesty, from entering any house or place or from making any search therein authorized by this Act, 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: Provided always, that nothing herein contained shall exempt any such person so offending or any other person resisting said justice, chief or other constable, churchwarden, or overseer, on any occasion in the exercise of any power given by this Act, from any other punishment or penalty, by information, indictment, or otherwise, to which he or she may be liable by law for any such offence, or be construed in any way to affect or repeal any law or laws providing any punishment for such offence.

Penalty on delaying to admit justices.

11. If any person selling or licensed to sell spirits, wine, or beer by retail shall, on demand made of entrance, delay 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, or for any other purpose for which by this Act or any other law in force in Ireland such justice, chief or other constable, churchwarden, or overseer is or may be entitled to admittance into such house or place, such person so offending shall forfeit and lose a sum not exceeding the sum of two pounds, unless proof shall be made, to the satisfaction of two justices who may hear the complaint, that there was reasonable cause for giving such delay.

Penalty if persons are found tippling or gaming at prohibited hours, and on persons found drunk.

12. 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 ten shillings; and any person found drunk at any hour of the day or night in any street, square, lane, road, way, or other public thoroughfare or place, shall, upon conviction thereof, forfeit and pay any sum not exceeding five shillings, and in default of payment thereof shall and may be committed to the common gaol of the county or place, or to any neighbouring house of correction or bridewell, for any time not less than twelve nor more than forty-eight hours; and every person so found drunk in any street, square, lane, road, way, or other public thoroughfare or place, shall and lawfully may be apprehended by any justice, constable, peace officer, churchwarden, or overseer as aforesaid, and forthwith carried and conveyed before any justice of the peace within whose jurisdiction he shall be so found, to be dealt with according to law.

[Ss. 13, 14 rep. 54 & 55 Vict. c. 67. (S.L.R.)]

Informations to be exhibited within two months.

15. Every information for any penalty incurred under this or the said recited Act shall and may be exhibited within two calendar months next after the offence alleged in said information shall have been committed, any thing in the said recited Act to the contrary thereof notwithstanding.

Licences may be annulled when licensed persons shall have offended three times in six months.

16. So much of the said recited Act as provides that if any person licensed to sell beer, cider, or spirits by retail shall during the continuance of such licence be duly convicted of any three several offences under the provisions of said Act, or any of them, which three offences shall have been committed within the space of two months, it should and might be lawful for two justices of the peace within whose jurisdiction such person should have been licensed to annul the licence of such person, shall be and the same is hereby repealed; and from and after the passing of this Act, if any person licensed to sell beer, cider, or spirits by retail shall during the continuance of such licence be duly convicted of three several offences under the provisions of said recited Act or of this Act, or of both, which three offences shall have been committed within the space of six months, it shall be lawful for two justices of the peace within whose jurisdiction such person shall be licensed, assembled at any quarter sessions or adjournment thereof, by order made in open court, after notice served six days before on the person so licensed of the intention to apply for such order, to annul the licence held by such person; and if any person whose licence shall be so annulled shall at any time after the making of such order sell any beer, cider, or spirits, without having obtained a new licence, he shall be subject to all the penalties to which any person is or may be subject for selling beer, cider, or spirits without having obtained a licence for that purpose.

[Ss. 17, 19 rep. 37 & 38 Vict. c. 35. (S.L.R.). S. 18 rep. 2 & 3 Vict. c. 79. s. 3.]

Production of licence not necessary on proceedings.

20. In any proceeding to recover a penalty against any person charged as being licensed to sell beer, cider, or spirits, it shall not be necessary to call for or require the production of the licence; and the notice by said Act directed to be served on the clerk of the peace, or evidence of his having been, at the time at which the offence charged against him was committed, acting as the owner of a licensed house, shall be sufficient evidence of the fact of his being licensed, unless he shall prove that he was not duly licensed; and if he shall on the hearing of any such complaint prove that he was not duly licensed at the time at which the sale complained of was made, it shall be lawful for the justices before whom such proof may be made to convict him of having made such sale without being duly licensed.

[S. 21 rep. 37 & 38 Vict. c. 35. (S.L.R.]

Service of notices, &c.

22. [¹] In every case in which any proceeding shall be taken to recover any penalty under the said recited Act or under this Act, or under both, or for any other purpose, the delivery or service of a copy of any notice or summons to the person charged with the offence at any place, or to his wife, servant, clerk, manager, or child, such child being of the age of sixteen years or upwards, at or upon the premises used or occupied by any such person for carrying on his or her trade or business, or on the premises on which any such offence shall have been or shall be charged to have been committed, shall be deemed and taken to be a sufficient service and delivery of such summons or notice to the person or persons to whom the same may be directed.

Penalties to be recovered, &c. as provided by 3 & 4 Will. 4. c. 68.; and that Act to be in force save as altered by this Act.

23. [¹] Except so far as is herein otherwise provided, all penalties and forfeitures imposed by this Act shall be sued for, levied, recovered, mitigated, and distributed by such ways, means, and methods, and in such manner, as by the said recited Act of the third and fourth years of the reign of his present Majesty is directed, provided, and enacted; and in every respect, save where it is expressly repealed or altered by this Act, the said recited Act, and every clause, matter, and thing therein contained, shall be and remain in full force, and shall apply to the several penalties and forfeitures imposed by this Act, and to the several offences hereby created, as if the same were herein re-enacted.

Form of conviction under this Act and recited Act.

24. Every conviction to be had under this Act or the said recited Act shall and lawfully may be drawn up in the form following, or in any other form of words to the same effect; (that is to say,)

‘to wit. } BE it remembered, that on the day of in the year of our Lord A.B, is convicted before us, two of his Majesty’s justices of the peace of the said county [or city, or town, as the case may be,] on the oaths of C.D., &c. [as the case may be], in the sum of, for that [here specify the offence and when and where committed]. Given under our hands and seals the day and year above written.’

[S. 25 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

[¹ Short title, “The Licensing (Ireland) Act, 1836.” See Short Titles Act, 1892.]

[¹ So much of 3 & 4 Will. 4. c. 68., and of this Act, and of 2 & 3 Vict. c. 79., or any of them, as requires the service upon any person or persons, against whom any information has been or shall be exhibited for any offence or for the recovery of any penalty or forfeiture under the said Acts or any of them, or under any Act or Acts amending the same, of a notice in writing of such information having been so exhibited, rep., 5 & 6 Vict. c. 24. s. 76.]

[¹ See note to s. 22.]