Confirming new certifleate.—In a county the justices in quarter sessions, and in a burgh the magistrates, make their own regulations with respect to the meetings of the county licensing committee and the joint-committee respectively, with respect to the meetings thereof and the transaction of business thereat ; but the following provisions have a general effect :—(1) The application for confirmation of a certificate must be in the prescribed form as nearly as may be, and must be lodged (together with the certificate) with the clerk of the peace of the county within ten days after the grant of the certificate; (2) the county licensing committee, or the joint-committee, as the case may be, has power to award costs to or against any party to such proceedings except the procurator-fiscal for the public interest, as they think Opposition to confirmation.—Only the person who appears before the justices or magistrates, and opposes the grant of a new certificate, or the procurator-fiscal for the public interest, can appear and oppose the confirma tion of the grant. Transfer on death or otherwise.—If any person duly authorised to keep a common inn, alehouse, or victualling-house, dies before the expiration of the certificate granted to him in that behalf, any two or more of the justices or magistrates, as the case may be, may grant to the executors, representatives, or disponees of the person so dying, and who are possessed of the licensed premises, a transfer of the certificate to keep and continue the premises as a common inn, alehouse, or victualling-house, as before such death, until the next general or district meeting. And, further, if any person so authorised, or the executors, representatives, or disponees of a person dying so authorised, and who upon such death have obtained a transfer of a certificate, remove from or yield up possession of the ,licensed premises, such two justices or magistrates, respectively sitting publicly in their ordinary place of meeting, may grant to any new tenant or occupier of the premises, upon such removal, a transfer of the certificate to keep the same as a common inn, alehouse, or victualling-house, as before the removal, until the next general or district meeting. The transfer is in the prescribed form, and is held on the same terms and conditions, and in the same manner, as a certificate granted at a general or district meeting. The clerk's fee for a transfer certificate is one shilling, and no more. Form of certyicates.—The justices or magistrates, as the case may be, may grant to any person a certifi cate in any other of the prescribed forms instead of in the form applied for. And in any particular locality within any county or district or burgh requir ing other hours for opening and closing licensed premises than those specified in the forms applicable thereto, the justices or magistrates respectively may insert in such certificates such other hours, not being earlier than six o'clock or later than eight o'clock in the morning for opening, or earlier than nine o'clock or later than eleven o'clock in the evening for closing the same, as they think fit. Duration of eertificate.—Every such certificate is in force for one whole year, commencing at the term of Whitsunday, or for six months from Martinmas respectively, according to the period of the year at which it was granted, and no longer. Limit of certificate entitles any one to keep a common inn, alehouse, or victualling-house, or to obtain excise license for selling ale, beer, spirits, wine, or other excisable liquors by retail, to be drunk or consumed in any other house or premises than the house and premises specified in the certificate. Fairs, a person who has obtained a certificate is entitled to sell the above-mentioned articles in boats or vessels moored in rivers, at any time, or in houses, booths, or other places, at the time and within the limits of the ground, town, or place in or upon which is being held any lawful fair, in the same parish with the premises in respect of which he has obtained a certificate, or in an immediately adjoining parish.
Spirit and wine certilicates.—Every certificate granted for the sale by retail in a house or premises of spirits or wine includes an authority for the sale by retail therein of porter, ale, beer, cyder, and perry ; and the certificate has the effect of enabling the party certificated to obtain any licence or licences for such purposes. But the justices or magistrates may, nevertheless,
grant a certificate in the prescribed form for the sale by retail of wine, porter, ale, beer, cyder, or perry, or of porter, ale, beer, cyder, or perry only. Sir-day licences.—Where on the occasion of an application for a new licence or transfer or renewal of a licence which authorises the sale of any intoxicating liquor for consumption on the premises, the applicant, at the time of his application, applies to the licensing justices to insert in his licence a condition that he shall keep the premises in question closed during the whole of Sunday, the justices or magistrates are required by law to insert those conditions in the licence. The holder of such a licence (called a six-day licence) must keep his premises closed during the whole of Sunday, and the provisions of the Licensing Acts with respect to the closing of licensed premises during certain hours on Sunday apply to such premises as if the whole of Sunday were mentioned in those provisions instead of certain hours only.
Early closing licences.—Where on the occasion of any application for a new licence, or the removal or renewal of a licence which authorises the sale of any intoxicating liquor for consumption on the premises, the applicant applies to the licensing justices to insert in his licence a condition that he shall close his premises one hour earlier at night than the usual hour, the justices are required to insert that condition in the licence. The holder of such a licence (called an early closing licence) must close his premises at night one hour earlier than the ordinary hour, and the provisions of the Licensing Acts apply to the premises as if such earlier hour were the hour at which the premises are required to be closed. Void certilicates.—All certificates granted contrary to the terms of the Licensing Acts are null and void. Special occasions.—On a representation being made to the chief magistrate, or the two senior acting magistrates, or to two justices respectively, by any person holding a certificate for keeping an inn and hotel, or public-house, and duly licensed to sell excisable liquors to be consumed on the premises, that it is intended that any public or special entertainment shall take place therein, or in any other place or premises situated within the jurisdiction of such chief magistrate or magistrates or justices, during any particular time, lie or they may, on being satisfied that the premises in question possess the necessary accommodation, and that the entertainment is for a public or special occasion of a legithnate and proper character, and not originating directly or indirectly with the person holding the certificate, grant him a special permission in writing to keep such inn and hotel, or public-house, place, or premises open, and to sell therein, on such occasion only, such excisable liquors as he may be duly licensed to sell during such time, and beyond the hour prescribed by his certificate for closing, Sunday excepted, and under such regulations as the chief magistrate or magistrates or justices think fit to appoint. But the magistrate or magistrates or justices, so acting, must be entitled to grant certificates, and the justices must also be heritors of or resident in the parish in which the premises are situated, or, where there are no such resident. justices heritors, heritors of or resident in some next adjacent parish Further, the justices of any county or district, or the magistrates of any burgh, may, at any such April half-yearly meeting as aforesaid, make general regulations touching such permissions. Moreover, the recipient of such special permission must lodge the same with the chief officer of police of the district at least twenty-four hours before the commencement of the entertainment, the officer being bound to furnish him with a certified copy for production to police officers or constables. The holder of a special permission must also have obtained an occasional licence in that behalf.