3. Justices' licences are granted at special annual meetings of the
local justices, called Brewster Sessions. Justices having a pecuniary
interest in the liquor trade of the district, except as railway
shareholders, are disqualified from acting; "bias" due to other
interests may also be a disqualification.
4. Justices' licences are only granted for one year and must be renewed
annually, with the exception of a particular class, created by the act
of 1904 and valid for a term of years. Distinctions are made between
granting a new licence and renewing an old one. The proceedings are
stricter and more summary in the case of a new licence; notice of
application must be given to the local authorities; the premises must be
of a certain annual value; a plan of the premises must be deposited
beforehand in the case of an "on" licence; the justices may impose
conditions and have full discretion to refuse without any right of
appeal; the licence, if granted, must be confirmed by a higher
authority. In the case of old licences on the other hand, no notice is
required; they are renewed to the former holders on application, as a
matter of right; unless there is opposition or objection, which may come
from the police or from outside parties or from the justices themselves.
If there is objection the renewal may be refused, but only on specified
grounds--namely misconduct, unfitness of premises or character,
disqualification; otherwise compensation is payable on the plan
explained above. There is a right of appeal to a higher court against
refusal. In all cases, whether the justices have full discretion or not,
they must exercise their discretion in a judicial manner and not
arbitrarily.
5. Licences may be transferred from one person to another in case of
death, sickness, bankruptcy, change of tenancy, wilful omission to apply
for renewal, forfeiture or disqualification. Licences may also be
transferred from one house to another in certain circumstances.
6. A licence may be forfeited through the conviction of the holder of
certain specified serious offences.
7. Persons may similarly be disqualified from holding a licence.
8. Liquor may only be sold on the premises specified in the licence and
during the following hours:--week-days; London, 5 A.M. to 12.30 P.M.
(Saturday, midnight); large towns 6 A.M. to 11 P.M.; other places 6 A.M.
to 10 P.M.--Sundays; London, 1 P.M. to 3 P.M., 6 P.M. to 11 P.M.; other
places 12.30 P.M. (or 1 P.M.) to 2.30 P.M. (or 3 P.M.), 6 P.M. to 10
P.M.; Christmas Day and Good Friday are counted as Sunday. In Scotland,
Wales and Ireland (except the five chief towns) no sale is permitted on
Sunday. Licence holders may sell during prohibited hours to lodgers
staying in the house and to _bona-fide_ travellers, who must be not less
than 3 m. from the place they slept in on the previous night. Extension
of hours of sale may be granted for special occasions and for special
localities (e.g. early markets).
Public-domain text, read in full here on John Shaqi.
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