Alehouse Act 1828
| Jurisdiction | UK Non-devolved |
| Citation | 1828 c. 61 |
(9 Geo. 4) C A P. LXI.
[15th July 1828]
'WHEREAS it is expedient to reduce into One Act the Laws relative to the licensing, by Justices of the Peace, of Persons keeping or being about to keep Inns, Alehouses, and Victualling Houses, to sell exciseable Liquors by Retail, to be drunk or consumed on the Premises, in that Part of the United Kingdom calledEngland ;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliamentassembled, and by the Authority of the same, That in every Division of every County and Riding, and of every Division of the County ofLincoln , and in every Hundred of every County, not being within any such Division, and in every Liberty, Division of every Liberty, Count of a City, County of a Town, City, and Town Corporate, in that Part of the United Kingdom called England , there shall be annually holden a Special Session of the Justices of the Peace (to be called the General Annual Licensing Meeting), for the Purpose of granting Licences to Persons keeping or being about to keep Inns, Alehouses, and Victualling Houses, to sell exciseable Liquors by Retail, to be drunk or consumed on the Premisestherein specified; and that such Meetings shall be holden in the Counties ofMiddlesex and Surrey within the First Ten Days of the Month of March , and in every other County on some Day between the Twentieth Day of August and the Fourteenth Day of September inclusive; and that it shall be lawful for the Justices acting in and for such County or Place assembled at such Meeting, or at any Adjournment thereof, and not as hereinafter disqualified from acting, to grant Licences, for the Purposes aforesaid, to such Persons as they the said Justices shall, in the Execution of the Powers herein contained, and in the Exercise of their Discretion, deem fit and proper.
II Time and Place how to be appointed.
II. And be it further enacted, That in every such Division or Place as aforesaid there shall be holden, Twenty-one Days at the least before each such General Annual Licensing Meeting, a Petty Session of the Justices acting for such County or Place, the Majority of whom then present shall, by a Precept under their Hands, appoint the Day, Hour, and Place upon and in which such General Annual Licensing Meeting for such Divisionor Place shall be holden; and shall direct such Precept to the High Constable of the Division or Place for which such Meeting is to be holden, requiring him, within Five Days next ensuing that on which he shall have received such Precept, to order the several Petty Constables or other Peace Officers within his Constablewick to affix or cause to be affixed on the Door of the Church or Chapel, and where there shall be no Church or Chapel, on some other public and conspicuous Place within their respective Districts, a Notice of the Day, Hour, and Place at which such Meeting is appointed to be holden, and to give to or to leave at the Dwelling House of each and every Justice acting for such Division or Place, and of each and every Person keeping an Inn, or who shall have given Notice of his Intention to keep an Inn, and to apply for a Licence to sell exciseable Liquors by Retail, to be drunk or consumed on the Premises, within their respective Districts, a Copy of such Notice.
III Adjournment of Meetings.
III. And he it further enacted, That it shall be lawful for the Justices acting at the General Annual Licensing Meeting, and they are hereby required, to continue such Meeting by Adjournment, to such Day or Days, and to such Place or Places within the Division or Place for which such Meeting shall be holden, as such Justices may deem most convenient and sufficient for enabling Persons keeping Inns within such Division or Place to apply for such Licence: Provided nevertheless, that the adjourned Meeting to be holden next after such General Annual Licensing Meeting shall not be so holden in or upon any of the Five Days next ensuing that on which such General Annual Licensing Meeting shall have been holden as aforesaid; and that every Adjournment of the said General Annual Licensing Meeting shall be holden within the Month ofMarch in the Counties of Middlesex and Surrey , and of August or September in every other County.
IV Special Sessions for transferring Licences to be appointed.
IV. And be it further enacted, That the Justices assembled at the General or Quarter Session which shall be holden atMichaelmas next after the passing of this Act, and at the General Annual Licensing Meeting in every subsequent Year, shall appoint not less than Four nor more than Eight Special Sessions, to be holden in the Division or Place for which each such Meeting shall be holden, in the Year next ensuing such General Annual Licensing Meeting, at Periods as near as may be equally distant; at which Special Session it shall be lawful for the Justices then and there assembled, in the Cases and in the Manner and for the Time hereinafter directed, to license such Persons intending to keep Inns theretofore kept by other Persons being about to remove from such Inns, as they the said Justices shall, in the Execution of the Powers herein contained, and in the Exercise of their Discretion, deem fit and proper Persons, under the Provisions hereinafter enacted, to be licensed to sell exciseable Liquors by Retail, to be drunk or consumed on the Premises.
V Notice to be given of the Adjournment of the General Annual Licensing Meeting and Special Sessions.
V. And be it further enacted, That whenever the Justices shall have ordered any such Adjournment of the General Annual Licensing Meeting, or shall have appointed such Special Sessions as aforesaid, the Day, Hour, and Place for holding every such adjourned Meeting, and every such Special Session, shall be appointed by Precept of the Majority of the said Justices, directed to the High Constable, requiring Notices, similar in Form to those given at the General Annual Licensing Meeting, to be affixed on the Door of the Church or Chapel, or on some other public and conspicuous Place, and to be served upon the same Parties.
VI What Justices shall be disqualified from acting.
VI. And be it further enacted, That no Justice who shall be a common Brewer, Distiller, Maker of Malt for Sale, or Retailer of Malt or of any exciseable Liquor, or who shall be concerned in Partnership with any common Brewer, Distiller, Maker of Malt for Sale, or Retailer of Malt or of any exciseable Liquor, shall act in or be present at any General Annual Licensing Meeting, or at any Adjournment thereof, or at any Special Session for granting or transferring Licences under this Act, or shall take part in the Discussion or Adjudication of the Justices upon any Application for a Licence, or upon any Appeal therefrom; and no Justice shall act, upon any of the aforesaid Occasions, in the Case of any House licensed or about to be licensed under this Act, of which such Justice shall be the Owner, or for the Owner of which he shall be Manager or Agent, or of any House being in whole or in part the Property of any common Brewer, Distiller, Maker of Malt for Sale, or Retailer of Malt or of any exciseable Liquor, to whom such Justice shall be, either by Blood or by Marriage, the Father, Son, or Brother, or of whom such Justice shall be the Partner in any other Trade or Calling; and that every Justice who, being hereby disqualified, shall knowingly or wilfully so offend shall for every such Offence forfeit and pay the Sum of One hundred Pounds: Provided always, that nothing herein contained shall extend to disqualify any Justice (not otherwise disqualified, and having no beneficial Interest in the House licensed or about to be licensed under this Act,) from acting on any of the Occasions aforesaid, by reason of the legal Estate in such House being vested in him as Trustee for any Person or Persons, or for any charitable or public Use or Purpose whatsoever.
VII When in Liberties, &c. Two Justices not disqualified do not attend, the County Justices may act.
VII. And be it further enacted, That whenever at any of the Meetings to be holden as aforesaid for any Liberty, County of a City, County of a Town, City, or Town Corporate, there shall not be present at least Two Justices acting in and for any such Liberty, County of a City, County of a Town, City, or Town Corporate, who are not disqualified, it shall be lawful for the Justices acting in and for the County or Counties adjoining to such Liberty, County of a City, County of a Town, City, or Town Corporate, and not disqualified from acting, to act within such Liberty or Place, and with the Justice or Justices thereof, not as hereinbefore disqualified, who shall be present at any such Meeting as aforesaid, for the Purpose of granting or transferring Licences under, or of bearing Complaints as to Offences against this Act; any Law, Custom, or Usage to the contrary notwithstanding.
VIII Powers hereby given to the Justices of the County not to extend to the Cinque Ports.
VIII. Provided always, and be it further enacted, That nothing herein contained shall extend to give the Justices of the County, or any Division thereof, any Power or Authority for the putting of the Provisions of this Act in execution within any of the Cinque...
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