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BEERHOUSES (IRELAND) ACT 1864
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CHAPTER XXXV.
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An Act for more effectually regulating the Sale of Beer in Ireland. [30th June 1864.]
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[Preamble.]
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Short title.
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1. This Act may be cited for all purposes as “The Beerhouses (Ireland) Act, 1864.”
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[S. 2 rep. 56 & 57 Vict. c. 14. (S.L.R.)]
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Certificate of justices required before grant of beer licence.
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3. Save as herein-after mentioned, it shall not be lawful for any officer of Excise in Ireland to grant a licence or transfer of a licence for the sale of beer by retail, to be drunk or consumed elsewhere than on the premises where sold, to any person applying for such licence or transfer of a licence, or to grant a renewal of any such licence as aforesaid to any person applying for such renewal, without such person producing a certificate signed by two or more justices of the peace presiding at the petty sessions of the district in which such person resides, or if in the Dublin Metropolitan Police District by a divisional justice of the district in which such person resides, to the good character of such person, and the suitability of the premises for the purpose of such sale, and where the application shall be for the transfer of an existing licence or the renewal of a licence for the same house as shall have been licensed in the year last immediately preceding, and which licence shall not have been withdrawn or annulled, without a similar certificate to the good character of the person applying for such renewal, or of the person to whom such transfer is proposed to be made, and to the peaceable and orderly manner in which such house had been conducted in the past year.
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Persons applying for certificate to give notice to police officers.
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4. Every person who shall apply for such certificate as aforesaid shall give twenty-one days notice in writing to the sub-inspector of the district in which he resides, or in his absence to the head constable, or if in the Dublin Metropolitan Police District to the superintendent of police of the division in which such person resides, stating the intention of such person to make such application, and setting forth his place of residence, and the situation and place of the house where such person purposes to carry on the business of a retailer of beer; and in every case where any such person had been at any time previously licensed for the sale of wine, spirits, beer, ale, cider, or other exciseable liquors, to be consumed on the premises or elsewhere, such notice shall set forth the last place of business whereat such wine, spirits, beer, ale, cider, or other exciseable liquors had been sold, together with the date at which such person had given up or otherwise discontinued the sale thereof.
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Police officers may object to the issue of certificate.
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5. The sub-inspector of the district, or in his absence the head constable, or if in the Dublin Metropolitan Police District the superintendent of police of the division, shall be and he is hereby authorized to object before the justices at petty sessions, or the divisional justices, as the case may be, to the issue of such certificate, and the justices shall in such case proceed to consider, examine on oath into, and adjudicate upon the truth, sufficiency, and validity of such objection ; and if such justices shall be satisfied of the truth and sufficiency of any such objection, they may refuse to grant such certificate.
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Prohibitions, &c. as to hours for sale of beer, &c., to be consumed on the premises, extended to persons licensed to sell beer, not to be consumed on the premises.
8 & 9 Vict. c. 64. s. 2. 17 & 18 Vict. c. 89. s. 12.
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6. All the prohibitions, penalties, and forfeitures now in force in Ireland with respect to the hours during which licensed houses may be lawfully kept open for the sale of wine, spirits, ale, beer, or cider, by retail, to be drunk or consumed on the premises, shall extend to and be applicable to persons licensed to sell beer by retail, not to be drunk or consumed upon the premises where sold: And in like manner all and singular the rights, powers, and authorities given to any justice of the peace, police officer, or constable, in and by the second section of an Act passed in the eighth and ninth years of the reign of Her Majesty, chapter sixty-four, and in and by the twelfth section of the Spirits (Ireland) Act, 1854, and the several fines, forfeitures, pains, and penalties contained in the said sections in relation to the offences therein respectively set forth, shall extend and be applicable to such licensed persons, and the houses and premises in which the sale of beer is so carried on, as fully and effectually, to all intents and purposes, as if the said provisions of the said sections of the said Acts had been herein repeated and specially enacted with reference to persons licensed to sell beer by retail, to be drunk and consumed elsewhere than on the premises where sold, and to the sale of beer by such persons for consumption on their premises, save that the mode of recovering and applying any penalty shall be as hereinafter enacted.
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Penalty for selling beer for consumption on premises without a licence.
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7. Every person not being duly licensed in that behalf who shall sell beer for consumption upon his premises, shall be liable for the first offence to a fine not exceeding two pounds nor less than five shillings, or to be imprisoned, with or without had labour, for any term not exceeding one month nor less than one week, and for the second and every subsequent offence to a fine not exceeding five pounds nor less than twenty shillings, or to be imprisoned, with or without hard labour, for any term not exceeding three months nor less than one month.
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Penalty for tippling on premises licensed for sale of beer, but not for consumption on such premises.
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8. If any person shall be found drinking or tippling, or having the appearance of having been recently drinking or tippling, on any premises in respect of which a licence shall then exist authorizing the sale of beer, but not for consumption on such premises, such person may be summoned before the justices of the peace at petty sessions, or divisional justices of the police district of Dublin Metropolis, as the case may be, or may be lawfully apprehended and brought so soon as conveniently may be before a justice of the peace, to be dealt with according to law ; and upon conviction of his having been so drinking or tippling shall be liable for the first offence to a fine not exceeding five shillings, and for the second and every subsequent offence to a fine not exceeding ten shillings nor less than five shillings.
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Justices may require production of licences upon the hearing of any complaint.
Penalty for default.
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9. In case any complaint shall be laid against any person licensed to sell beer by retail, not to be drunk or consumed upon the premises where sold, for any offence against the tenour of his licence, or for any offence against this Act or any other Act affecting or having reference to his licence, it shall be lawful for the justice or justices before whom such complaint shall be brought to require such person to produce his licence before such justice or justices for examination ; and if such person shall wilfully neglect or refuse so to do, he shall forfeit and pay for such offence such sum, not exceeding five pounds, as the said justice or justices shall think proper.
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Mitigation of penalties.
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10. It shall be lawful for the justice or justices before whom the case shall be heard to mitigate the penalty annexed by this Act to any offence, so as such mitigation shall not in any case reduce such penalty to less than one fourth thereof, and the cause of such mitigation shall be set forth upon such conviction.
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Wholesale dealers in beer not to keep open their premises at night.
8 & 9 Vict. c. 64. s. 2.
17 & 18 Vict. c. 89. s. 12.
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11. Any person licensed to sell beer by wholesale, to be consumed off the premises where sold, who shall keep his house or premises open for the sale of beer between the hours of seven o’clock in the evening and seven o’clock in the morning, shall during the said hours be subject to the same supervision by justices of the peace, police officers, and constables as persons licensed to sell beer by retail, to be consumed off the premises where sold, are by this Act subjected to; and all and singular the rights, powers, and authorities given to any such justice, officer, or constable in and by the second section of the Act passed in the eighth and ninth years of Her Majesty's reign, chapter sixty-four, and the twelfth section of the Spirits (Ireland) Act, 1854, and the several fines, forfeitures, pains, and penalties contained in the said sections in relation to the offences therein respectively set forth, shall extend and be applicable to such wholesale dealers in beer, and the houses and premises in which they shall carry on, or purport to carry on, the sale of beer during the hours aforesaid, as fully and effectually, and to all intents and purposes, as if the said provisions of the said sections of the said Acts had been herein repeated and specially enacted with reference to persons licensed to sell beer by wholesale, to be consumed off the premises where sold, who shall keep open their houses or premises for the sale of beer during the hours aforesaid, save that the mode of recovering and applying any penalty shall be as is herein-before provided in respect to other penalties imposed by this Act.
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Recovery of penalties.
14 & 15 Vict. c. 93.
21 & 22 Vict. c. 100.
14 & 15 Vict. c. 90.
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12. All proceedings for the recovery of penalties incurred under this Act, and the appearance of any witness, and the hearing and determination of all complaints under this Act, shall be subject in all respects to the provisions of the Petty Sessions (Ireland) Act, 1851, as the same is amended by the Petty Sessions Clerk (Ireland) Act, 1858, when the case shall be heard in any petty sessions district, and to the provisions of the Acts relating to the divisional police offices, when the same shall be heard in the police district of Dublin Metropolis, so far as the said provisions shall be consistent with this Act; and when any fine or penalty is imposed under the provisions of this Act, such fines and penalties shall be paid over to such purposes and applied in such manner as is provided by the Fines Act (Ireland), 1851, or any Act amending the same; and all such proceedings as aforesaid may be taken by and in the name of any superintendent or inspector of police within the police district of Dublin Metropolis, or by any sub-inspector, head or other constable in any other part of Ireland, without any order of the Commissioners of Inland Revenue for that purpose.
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Power to appeal to quarter sessions as to the granting or refusing certificate.
18 & 19 Vict. c. 62.
23 & 24 Vict. c. 35.
Where grant of a certificate shall be reversed, licence to be annulled.
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13. After the hearing and determination by any justice or justices of the peace of any application for a certificate, either party to the proceedings before the said justice or justices may, if dissatisfied with the decision or judgment given thereon, appeal therefrom to the justices assembled at the general or quarter sessions of the peace to be holden for the county, city, town, or place in which such decision or judgment shall have been given, or if within the police district of Dublin Metropolis, then to the recorder of the City of Dublin at his next sessions; and every appeal from an order granting or refusing a certificate shall be subject to the provisions contained in an Act passed in the eighteenth and nineteenth years of the reign of Her Majesty, chapter sixty-two, and in an Act passed in the twenty-third and twenty-fourth years of the reign of Her Majesty, chapter thirty-five, and the recognizance to be entered into shall be in the form in the schedule annexed to the said Act passed in the eighteenth and nineteenth years of the reign of Her Majesty, chapter sixty-two, or as near thereto as the circumstances of the case may admit ; and in every case where the decision of a justice granting a certificate under the provisions of this Act shall be reversed on appeal, the justices of the peace at the general or quarter sessions, or the recorder of the City of Dublin, as the case may be, shall forthwith annul any licence which shall have been granted on the faith of such certificate.
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[S. 14 rep. 34 & 35 Vict. c. 111. s. 4.]
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Definition of selling by retail.
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15. For the purposes of this Act any person who shall sell beer in any less quantity than four gallons and a half, imperial standard measure, or in any less quantity than two dozen reputed quart bottles, at one time, shall be deemed to sell by retail.
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