Persoms interested as justices and magistrates.—No justice or magistrate who is a brewer, maltster, distiller, or dealer in or retailer of ale, beer, spirits, wine, or other excisable liquors, or who is in partnership with any person as a brewer, maltster, distiller, or dealer in or retailer of ale, beer, spirits, wine, or other excisable liquors can lawfully act as a justice or magistrate in the execution of the licensing Acts ; nor can any justice or magistrate act in the granting. of a certificate when he is the proprietor or tenant of the house or premises in respect of which the certificate is applied for. Everything done by a justice or magistrate in any case in which he is disqualifiea to act is null and void ; and every justice or magistrate who knowingly or willingly offends in these respects incurs a penalty of 1)50, to be recovered before the sheriff within six calendar months next after the offence has been committed.
The certificate.—At such general or district meetings or at any regular adjournment the justices and magistrates can grant certificates for the year next ensuing, commencing as hereinafter mentioned, to as mally persons as they or the major part of them think meet and convenient to keep common inns, alehouses, or victualling houses, within which ale, beer, spirits, vi ine, and other excisable liquors may, under excise licences, be sold by retail, to be drunk or consunied in the premises. Such justices or magistrates nmst cause to be delivered to every licensed person a certificate in the prescribed form. All these meetings must be held with open doors. It is not com petent to refuse the renewal of a certificate without hearing the party in support of the application for renewal in open court, if he think fit to attend ; and there must be at least two justices or magistrates respectively present at such meetings, otherwise the certificate will be void and of no effect. The foregoing, however, does not prevent any person from obtaining a certificate as a grocer for the sale of porter, ale, beer, cyder, or perry, or wines, spirits, or other excisable liquors by retail, but not to be consumed on the premises at the same rate as is exigible for a public-house under the Licensing (Scotland) Act, 185'3. It should be noted that a certificate cannot be granted to a blacksmith at his smithy, or at any house occupied by him in its immediate vicinity.
New certificate in countia.—A grant of a new certificate in any county in Scotland, except the counties of the cities of Aberdeen, Dundee, Glasgow, and Edinburgh, is not valid unless confirmed by a standing committee of the justices of the peace for the county (called the county licensing committee).
Proceeding,s at MVO licensing committee.—The following provisions have effect with respect to the appointment and proceedings of a county licensing nommittee :—(1) The justices of the peace m quarter-sessions assembled for each county, except the counties of the cities of Aberdeen, Dundee, Glasgow, and Edinburgh, must annually at the meeting of quarter-sessions held in March, or any adjournment thereof, appoint from among themselves a county licensing committee, or more than one such committee, and assign to any such committee such area of jurisdiction as they may think expedient.
(2) A committee consists of not less than three nor more than twelve members. (3) Its quorum must be three members. (4) Any vacancy thereon arising from death, resignation, or other cause, may from time to time be filled up by the justices of the peace in quarter-sessions by whom the com mittee is appointed; a person appointed to fill a vacancy must retire from office when the person creating the vacancy would so retire ; any such com mittee may, if a quorum exists, act notwithstanding vacancies thereon.
(5) A committee continues in office until another such committee is appointed as hereinbefore mentioned ; its members retiring may be reappointed.
(6) A committee has power to elect one of their own number to act as chairman during their tenure of office, and until a chairman is appointed, and in case of his absence from any meeting, the committee must elect one of their members present at the meeting to act as chairman of that meeting ; and in the event of an equal division of the committee, the chairman has a second vote. (7) The clerk of the peace of the county, and in the case of the upper and middle wards of the county of Lanark the clerk of the peace of the upper ward is by himself or his deputy the clerk of the com mittee or committees, and also of any joint-committee to be appointed as hereinafter mentioned, in respect of any burgh or part of a burgh situated in the county ; and he performs all such duties in relation to any such committee or committees as he is required by law to perform in relation to the justices in quarter-sessions assembled.
New certificates in burghs.—A grant of a new certificate in any burgh in Scotland is not valid unless confirmed by a joint-committee of the magistrates of the burgh and the justices of the peace of the county in which the premises in respect of which the certificate is applied for are situated (hereafter called the joint-committee).