Proceedings of joint-committee.—The following provisions have effect with respect to the appointment and proceedings of a joint-committee :—(1) A joint-committee consists of three justices of the peace of the county in which the burgh is situated, and three magistrates of the burgh, except where by the constitution of the burgh there are only two magistrates therein, in which case the joint-committee consists of two justices and of the two magistrates. (.2) Where a burgh is situated partly in one county and partly in one or more other counties, there must be as many joint-committees as there are counties in which the burgh is partly situated ; the magistrates appointed to be members of any one of such joint-committees are members of all of them, and subject hereto, the joint-committee for the part of the burgh situated in any county is so appointed, and has the same duties and powers with respect to such part as if the part were a separate burgh within the county.
(3) The justices on a joint-committee are appointed by the county licensing committee within whose area of jurisdiction the burgh, or any part thereof for which such joint-committee is to be appointed, is situated ; and in the case of the cities or burghs of Aberdeen, Dundee, Glasgow, and Edinburgh, by a general meeting of the justices of the city, called for the second Tuesday of November in each year, and the magistrates on a joint-committee are appointed by the magistrates of the burgh. (4) The joint-committees for the several burghs are appointed in each year on the second Tuesday in November. (5) The members of a joint-cominittee are deemed to be appointed for the year succeeding their appointment, and are eligible for reappointment ; and if from any cause members have not been appointed in any year to succeed the retiring members, those members con tinue to act on the joint-committee till their successors are appointed.
(6) Any vacancy arising in a joint-committee from death, resignation, or other cause may from time to time be filled up by the magistrates or county licensing committee or justices by whom the person creating the vacancy was appointed ; any such joint-committee may, if a quorum exist, act notwith standing a vacancy thereon, and a person appointed to fill a vacancy must retire from office when the person creating the vacancy would so retire.
(7) Where the joint-cominittee consists of six members the quorum is five ; and where it consists of four members the quorum is three. (8) The senior magistrate on a joint-committee present at any meeting is its chairman, and in the event of an equal division of the committee he has a second vote. If the provost or lord provost of a burgh is a member of the joint-committee, he is deemed to be the senior magistrate.
Qualification (if:justice ormagistratc.—No justice or magistrate is qualified to be a member of a county licensing committee or joint-committee of a burgh unless he is qualified to act as justice or magistrate in the execution of the Licensing Acts; and every justice or magistrate who is appointed a member of any such committee net being qualified, if he knowingly or wilfully acts as a member, is liable to a penalty of .V50, to be recovered before the sheriff within six calendar months next after the offence has been committed. But no grant of a new certificate duly confirmed is liable to objection on the ground that the magistrates or justices who granted and confirmed it, or any of them, were not qualified to make such grant or confirmation.
Procedure as to granting certificates.—If any person is desirous of keeping an inn and hotel, public-house, shop, or premises for the sale therein of spirits, wine, beer, or other excisable liquors, whether to be consumed on the premises or not, he is required, previous to the granting to him of a certificate for that purpose, or the renewal of any such certificate already granted, to truly fill up an application for such certificate in the prescribed form. He
must also truly answer the several queries therein contained. Printed forms for the application are supplied to the applicant by the clerk of the peace for the county or district, or the town-clerk of the burgh, in which the inn and hotel, public-house, shop or preniises are situated, upon payment of a fee of sixpence for each copy. The application must be filled up in a fair and legible hand, and signed by the applicant or his agent thereunto authorised; and it is to be lodged by the applicant with the clerk of' the peace or the town-clerk, as the case may be, fourteen days at least before the general meeting of the justices or magistrates for granting and renewing certificates. It is not lawful, however, for the justices or magistrates to entertain any application for a certificate for the sale of excisable liquors with respect to premises not licensed, and for which there is no certificate at the time of making the application, until a report has been made and subscribed by a justice or magistrate who is entitled to grant certificates. This report states that the premises are of suitable construction and accommodation for the purpose applied for, and is accompanied by a certificate as to the applicant's character and qualification signed by a justice or magistrate. The justices in quarter-sessions to whom any appeal is made from a deliver ance granting or refusing an application for a certificate, may by themselves, or any one or more of their number, inspect the premises in respect of which a certificate is applied for, and review the report. Ascertaining the character of applicants.—The justices or magistrates respectively assembled at general or district meeting may make such regulations and rules as they think fit, not being inconsistent with the law, as to the manner of making the applications, as well for ascertaining the character of the applicants as whether it be expedient to grant such certificates in the places in which they are sought to be obtained, and also as to the mode of proceeding in trans ferring certificates as hereinafter mentioned. The names and designations of all persons who make applications for certificates are entered in a register kept by the clerk of the justices or magistrates. In this the names and designations of the new applicants are entered separately, with the names of the persons who recommend them, the house and place in respect of which the certificate is applied for, the manner in which the application is disposed of, and a memorandum of convictions against such persons, with the dates thereof. The cases of new applicants are not considered until all the other cases have been disposed of ; and at the end of the meeting each day a deliverance is written in the register specifying whether the applications respectively were granted or refused, or continued for further inquiry, or how otherwise disposed of. This deliverance is then and there signed by the major part of the justices or magistrates so assembled, or by the preses of the meeting. It is not lawful for the justices at an adjourned meeting to alter anything which has been done at any previous meeting in granting or refusing certificates, and the clerk is required to make out a certificate specifying the dates from which they are current.