Excise licences without certiflcates.—No licences for the sale of excisable liquors by retail, whether to be drunk or consumed on the premises of the person licensed or not, can be granted by the Commissioners of Inland Revenue to any person in Scotland who does not produce a certificate granted in terms of the Licensing Acts, enabling him to obtain the licence, and every licence granted contrary to the terms of the said Acts is null and void. Table beer licences.—No licence for the sale in any house, shop, or premises of table beer at a price not exceeding lid. per quart, and not to be drunk on the premises, can be granted by the Commissioners, or by any Inland Revenue officer to any person in Scotland who does not produce a certificate as prescribed by law. The certificate is applied for, granted, confirmed, and renewed in the manner, and subject to all the provisions applicable to other certificates, and, mutatis mutandis, is in the same form. Licence for sweets.—No licence for the sale of sweets by retail, whether to be drunk or consumed on the premises or not, can be granted to any person who does not produce the prescribed certificate. The above remarks concerning the certificate for a table beer licence are applicable to licences for sweets. Six-day and early closing licences.—The holder of a six-day licence may obtain from the Commissioners any licence granted by them which he is entitled to obtain in pursuance of the six-day licence upon six-seventh parts of the duty otherwise payable ; and if he sell intoxicating liquor on Sunday he is deemed to be selling intoxicating liquor without a licence. In cal culating the amount payable for a six-day licence fractions of a penny are disregarded. The like reduction is made in the case of an early closing licence, and a person who takes out a licence containing conditions rendering it a six-day licence as well as an early closing licence, is entitled to a remission of two-sevenths of the dutv.
Licences to expire at Whitsunday.—All excise licences taken out by a person authorised to keep a common inn, alehouse, or victualling-house, for selling beer, cyder, or perry by retail, to be drunk or consumed in the pre mises, or for selling spirits or foreign wine, or mead or metheglin, expire at Whitsunday next after the granting thereof.
Offences and by licensees. Standard measures.— Every person licensed to sell excisable liquors by retail, to be drunk or consumed in his house or premises, is required to sell or otherwise dispose of the same by retail therein (except in quantities less than half a pint) by the gallon, quart, pint, or half-pint measure, sized according to the standard ; and he must, if required by any guest or customer, retail the same in a vessel so sized under a penalty in default for each offence of forfeiture of the illegal measure and 1)2, over and above all penalties to which the offender may be otherwise liable. Offences against terms (I certificate.—Every cer tificate is granted and held on the terms, provisions, and conditions therein contained; and in case any person authorised to keep a common inn, ale house, or victualling-house thereunder, and having excise licences for the sale of any excisable liquors, offends against any of the terms and conditions contained in the certificate, he is liable to the following forfeitures, penalties, and disabilities: (a) For the first offence a fine of 1)5, with the expenses of conviction, with the alternative of imprisonment for one calendar month, and in addition to such penalty the certificate may be declared to be for feited ; (b) for the second offence a fine of £10, with expenses, or imprison ment for two calendar months, and in addition a like forfeiture ; and (c) for the third offence a fine of £20, with expenses, or imprisonment for four calendar months, and in addition a like forfeiture. These penalties and
terms of imprisonment may be mitigated by the Court, but not to less than one-fourth part thereof respectively. 1Vhat deemed second and third offences.— If any person is convicted of any breach of the terms and conditions of the certificate held by him in one year as a first offence, and is, in the following or any subsequent year within three years after, charged ith the breach of the terms and conditions of any other such certificate subsequently obtained by him and thereof convicted, such conviction is deemed to be a conviction for a second offence ; and if he is again convicted within three years, it is deemed to be a conviction for a third offence, and that notwithstanding of such second or third offence being in breach of other and different terms and conditions, or of other and different certificates obtained subsequently to the certificate for the breach of the conditions of which the first or second con viction took place. Carrying liquors into neighbouring housc.—If any person licensed to sell off the premises takes or carries, or authorises or permits to be taken or carried, any excisable liquors out of or from his premises, for the purpose of being sold or hawked on his account, or for his profit, or for the purpose of being consumed for his profit in any other house, or in any tent, shed, or other premises belonging to him, or hired, used, or occupied by him, or in which he is interested, such excisable liquors are deemed to have been drunk on the premises of the person licensed, who is consequently guilty of a breach of his certificate, and punishable accordingly. Sale 9f liquors to children.—Every holder of a licence who sells or delivers, or allows any person to sell or deliver, save at the residence or working place of the purchaser, any description of intoxicating liquor to any person under the age of fourteen years for consumption by any person on or off the premises except in corked and sealed vessels in quantities not less than one reputed pint, for consumption off the premises only, is liable to a penalty of £2 for a first offence, and £5 for any subsequent offence; and every person who knowingly sends any person under the age of fourteen years to a place where intoxicating liquors are sold or delivered, or distributed for the purpose of obtaining any description of the same, excepting as aforesaid, for consump tion by any person on or off the premises is liable to like penalties. This does not prevent the employment by a licensed person of a member of his family or his servant or apprentice as a messenger to deliver excisable liquors. Harbouring constables while on duty.—Every person licensed to retail excisable liquors who knowingly harbours or entertains, or suffers to remain in the licensed premises wherein he carries on his business, any con stable during any part of the time appointed for his being on duty, unless in the discharge of his duty, is guilty of an offence, and is liable to a fine of £5 or imprisonment for thirty days.