SCOTS LICENSING the part of the exclusively Scots law that appeals most extensively to both business men and to the general public is that which deals with the trade in excisable liquors. Accordingly it has been deemed wise to give particular attention in this work to the.Scots law of licensing. The licensing law in Scotland is now contained in a consoli dating and amending statute called the Licensing (Scotland) Act, 1903, which takes the place of an old and complicated and now generally repealed collection of statute law. Of the Acts contained in this collection the earliest is the Home-Drummond Act, 1828. Then follow the Forbes Mackenzie Act, 1853, the Public Houses Acts Amendment (Scotland) Act, 1862, the Publicans' Certificates Act, 1876, the Publicans' Certificates Amendment Act, 1877, the Public Houses Hours of Closing (Scotland) Act, 1887, the Licensing Amendment (Scotland) Act, 1897, and the Intoxicating Liquors (Sale to Children) Act, 1901, section 49 of the Licensing Act, 1872, and sections 7 and 8 of the Licensing Act, 1874, as extended to Scotland by section 44 of the Inland Revenue Act, 1880, and section 515 of the Burgh Police Act, 1892. In most cases the whole statute is repealed.
Justices' and magistrates' powers, and duties of licensing authorities.—Throughout Scotland there are annually held, for the purpose of granting certificates to persons to keep common inns, ale houses, or victualling houses, to sell excisable liquors by retail, to be drunk or consumed in the premises, two general meetings of the justices of the peace in every county, so long as not divided. into districts, as hereinafter mentioned, and also two general meetings of the magistrates of every royal burgh. These meetings are called " the general half-yearly meetings for granting publicans' certificates." But magistrates of royal burghs have no power to grant certificates for inns, alehouses, or victualling houses to be kept beyond the royalty of the burgh, and if any such certificate is granted it is absolutely null and void. In like manner justices have no power to grant certificates for the royalty of any royal burgh, except as hereinafter mentioned ; and if any such certificate is granted it is also absolutely null and void. The magistrates of burghs meet for granting and renewing
certificates upon the second Tuesday of April and the third Tuesday of October in each year ; and the justices of the peace for the counties or districts meet for the like purpose on the third Tuesday of April and the last Tuesday of October in each year. They can respectively adjourn their meetings from time to time as they think fit, during the period of one month next after the date of their first meeting, but no longer.
The justices of the peace of a county assembled at a statutory meet ing of quarter-sessions in October may divide the county into districts for licensing purposes, within which the justices assemble for considering and disposing of applications at the times already specified. Notice of the place of meeting appointed, and of the name and address of a clerk or depute clerk with whom applications and recommendations may be lodged, must be given by advertisement at the church doors of every parish within the district for two several Sundays at least before the first holding of the dis trict meeting so appointed. The justices may, however, at any October meeting, after previous notice by three advertisements published one month before the meeting in a newspaper circulated within the district to be affected by the change proposed to be made, alter or change any district or place of district meeting appointed by them, due notice being given in like manner as aforesaid at every parish church before the next holding of the meeting.
If in any royal burgh there is not a sufficient number of magistrates present qualified to grant certificates at any time when certificates are appointed to be granted, then the justices of the county in which the royal burgh is situated can grant certificates for the royal burgh at the same time and in the same manner as they can grant them for the county ; but any magistrates of the burgh so qualified may in such case act along with such justices in granting the certificates.