The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-08-26 00:00:00

THE NEW LICENSING ACT.

The foll.wing im a copy of the Intoxicating Ligii..ra
Licencee Suspenxiou Act, to which the Royal Ament
waa given last week :

An Act to restrict during a limited time the grant by
Justices of the Peace of new licences and certificates for
the sale of intoxicating liquors by retail . and for other pur-
poses.
_ . . . .

Whereas under the Intoxicating Liquors (Licensing)
Act, IS2S, and the Wine and Ileerhouse Act. 1369, and the
Wine and 13cerhouse Act Amendment Act, 1370, justices of
the peaaegnmt licences for and certificates atithorizing the
grant of Excise licences for the sale of intoxicating liquors
by retail . .

•. And whereas It is expedient to restrict the :issue of new
licences and certificates until the Legislature has further
dealt with the law relating to the sale by retail of intosi.
eating liquors.
_ . . . .

"Be It enacted by the Queen's most Excellent Majesty
by and with the advice and consent I,f the Lords spiritual
and Temporal and Commons, in this preeent Parliament
assembled, and by the authority of the some, as follows
- •• •

• -
" (I, ) The justice at the general annual licensing meeting
or any special sessions shaft not grant, otherwise than by
way of renewal, or in pursuance of the provisions of section
It of the Intoxicating Liquors (Licensing) Act, 1829, any new
licence under that Act, or any new et2rtlileate under the Wine
and Beerhouse Act, letin, and the Acts amending the same
respectively, except I. accordance with the provisions of this
Act

" ,2.• The Justices in any general or quarter sessions shall
not grant, except by way 14 renewal, any new licence for
music or dancing under the Act of the 25th year of the
reign of King George It.. cap. 311, intituled An Act for the
better preventing thefts and robberies, and for regulating
places of public entertainment, and punishing persona keg',
log disorderly houses', to a house licensed for the sale of hr
toxicating liquors, except in accardame with the provisions
of this Act

" If It appears to the justices that the refusal to grant
any such new licence or certificate will cause Inconvenience
to the locality, cto the public, c injury to any person or
body corporate, such justices may grant provisionally such
licence or certificate, and shall forthwith send to a Secre-
tary of State it report in writing of such provisional grant,
specifying the circumstances on account of which such giant
I. made

"ItBllftil be law ful for tho Secrotary of State to confirm
such provisional grant, MO upon such confirmar the
license or certificate shall be granted accordingly ; hut the
said provisional grant, unless and until It is so confirmed,
shall have nu effect.

" No person shall be authorized to appeal to general or
quarter seakais against any act dune by the justices in pur
'wince of this section.
" Where. on an application to a cowl of quarter 'rations is
one of the superior courts of law of Westminater, with
reference to the refusal of say justices before the passing of
this Act to grant a licence or certificate, it is decided (either
More or after the passing of this Act) that such licence •pr
certificate ought to have been granted, such licence or certi•
Scate shall, for the purposes of this section, be deemed to
have been granted at the date of such refusal.
•

•
The justices at the general animal licensing sessions
may. at their discretion. remove a license or certificate from
premises iu their division, or in any adjoining division
within the same county, to any other eligible premises in
their division, if in their opinion the removal is necessary
in order to meet the wants of the neighbourhood to which
the removal is to be made, and if no objection is made by
the occupier of the premises from which the removal is to
be made, or by any other person appearing to the justices to
have reasonable ground of objection to the removal and
they may, for the purposes of this section, require such proof
and make such adjourinuents as they think lit.
If the justices refuse an application for any such re-
moval of a license or certificate no upped shall be allowed to
the applicant. but In the event of the justices granting such
application. any person, whether he has appeared or not be-
fore the justices to oppose such application, nmy, if.he is in-
terested in the premises from which the removal is to be
made, appeal to quarter sessions in manner prescribed by
'The Intoxicating (Liquors) Licensing Act, 1028.

_
The like notices shall he given id every intended applica-
tion for a removal as are by • The Wine and Berrhouse Act.
MP: and •The Wine and Beerhouse Act Amendment Act.
WO,' required in the case of an application for a new
certificate under the said Acts for premises not prOviously
licensed.

" The said notices shall not later that one week or earlier
than one month before the general annual licensing sessions
be advertised once in each of two successive weeks in stone
newspaper circulating in the division when the premises
to which the removal is to be made are situated. When a
removal is proposed to be made from one division to another,
notices shall also be given and advertised in like manner in
the division aud in respect of the premises from which the
removal is to be made, stating the intention to apply for a
removal RIM the place and time at Whit' the application is
to he made : and no such removal shall lat made from i'lie
division to another wit flout the consent of the Justices of the
division front which such removal would take place.

For tho purposes of this section the term 'division
menns a division or place within the meaning of The Intind•
eating Liquor (Licensing Act,

- -
3. Whereas under the Wine and Beerhouse Act, 1,9419,
and the Wine and Beerhonse Act Amendment Act, 1670,
justices are prohibited in the ease of any house er shop with
respect to which a licence for the sale by retail therein of
beer, cider, or wine was in force on the Ist day of May, 1869,
from refusing an application for a honor in respeti of such
house, except upon the gnonobt therein mentiooed, and
doubts have arisen whether such prohilution extends to the
rase of on application for a certificate with respect to any
such house or shop, lithe licence which was in force on the
Ist day of May. Peat. or any certificate since granted in re-
of the said house or shop, has by forfeiture, lapse of
' imr otherwise ceased to he in Inc. and it is expedient
to remove such Moulds ; it is therefore hereby declared that
in the case of any such application the justices may, in
their discretion, refuse the application upon nay ifro
upon which they might refuse the application if made for
a certificate with respeet to any house mr shop with respect
to which a licence was tad in force on the tat day. 14 May,
I rem.

"4. And whereas it is also expedient that no increase
shall he made in the number if licences for the sale of
spirits, hirer, ale, porter, cider, perry, foreign wine, sweets or
made wine (in this section referred to as intoxicating liquors)
hy retail in Ireland pending the amendment of the general
law regulating the grant or issue of inch licences he it
. . . • ...

therefore enacted that from and after the passing of thin
Act no new licence or certificate shall be granted by the jus-
tices of the peace in quarter sessions or petty sessions for the
sale of Intoxicating thin-we by retail, whether fir
thin or non-consumption on the premises, to any person
whomsoever in 'lreland provide,' alwaya that the a orda
' new Hernia' ' shall not include any retail! licence granted by
way of renewal or in exchange bir any similar livence exist-
ing at the passing of this Act : provided, also, that nothing
in this Art contained shall be hehl to prohibit the transfer of
retail licences, so that the number thereof he not increased,
or to limit or affect the power now vested by law in the
recorder of any ,ity or borough itt Ireland, or in the chair-
man and justices of quarter se.* In Ireland, with respect
to the granting or refusing applications for new retail licences
in caw of the surrender or proposed surrenderof any eliding
retalt licence.

'(f it appears that hy reason of the foregoing provisions
inconvenience will result to any locality or to the public, or
that Nair will be doite or %uttered tour by any person or
body corporate. such retail licence may, notwithstanding
st,cl, provisions, he granted if application is snide In that
behoil in the manner in 113 t, prh,r to passing of this Art, and,
together will: sueh application, a statement setting forth
that such inconvenience or injury is likely to arise, and
sufficient grounds for such statement are proved, and the
person or persons granting the Mae Shall hailiWith Stald to
the Chief Secretary t 9 the Lord Lieutenant of Ireland a re.
port in writing of such grant, specifying the eircumstanees
on account of which such grant is ma,le, it shall be lawful
for such i 'hid Secretary to c,•unrin such grant, and upon such
confirmation such licence shall be in force and have effect
accordingly , provided always that no such licence shall be
of any force or validity Until the same is confirmed in manlier
aforesaid.

•• 5. In this At--
"The term ' Intoxicating Liquors (Licensing) Act, IS:A,'
means the Act of the ninth yearn the reign of King George
the Fourth, chapter sixty-one, intituled 'An Act t• regulate
the granting of Licences to Keepers of Inns, Alehouses, and
VtctuajlthohuurO in England." _ . __ .

•• The term • Secretary of State means one of her Majesty's
Principal Secretaries of State.
This Act, so far as it relatti to any licence or certifi-
cate, shall be construed as one with the enactments tinder
which such licence or certificate would have been granted
if this Ac had mot passed.
"7. This Act may he cited as 'The Intoxicating hiquors
Licences Suspension) Aet, 1s71;
This Art shall continue in force until the tat day of
September, 1572, and no longer."