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Public-Houses

license, justices, houses, hours, travelers, sundays and premises

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PUBLIC-HOUSES in England are known under two classes, viz., ale-houses, also called inns (q.v.), and beer-houses. The former give board and lodging to travelers, while the latter are mere shops for the sale of beer to be consumed on or off the premises.-1. An ale-house must be first licensed by the justices, before the keeper of it can sell excisable liquors to be consumed on the premises. The granting of the license may be opposed by any inhabitant. The justices' license, if new, must be confirmed by the confirming authority of other justices; and an excise license must follow, and not precede the jus tices' license. The license is in force for one year; and if any offense or misconduct is committed, the renewal of the license may be opposed, and refused on the next meeting. The statute compels the keeper to keep unadulterated liquor, to use only legal measures, not to permit drunkenness or unlawful games, or bad characters, to keep good order, and lastly, not to open his house, except to travelers, ou Sundays during the morning and afternoon divine service. The law as to the opening of public-houses during Sunday may be varied by the country justices within certain narrow limits, and is as follows: No public-house can be opened for the sale of fermented or distilled liquors before half past 12 at noon on Sunday, or in London before 1, or elsewhere before 1 if so ordered. It must be again shut between 3 and 6 r.m., and shut altogether at 11 P.31., in London, but at 10 P.m. elsewhere. Christmas-day and Good-Friday, but not public fast or thanks giving days, are treated as Sundays. On week-days, such houses cannot be opened before 5 A. M., or after r.x., in London, and elsewhere before 6 A.M. and after 10 or 11 P.M. Travelers are expressly excepted from the above rule, and the decisions and statutes have settled the point that a traveler is a person who walks or drives 3 m. distance, whether for pleasure or on business. As regards public-houses, constables have the power of entering them to keep order, and it is an offense in the publican to refuse them admission.-2. Beer-houses are subject to the same rules as ale-houses on Sundays.

They also now require to have certificates or licenses from justices, and so do all wine house keepers and grocers who sell beer, wine, spirits, sweets, and any intoxicating liq uor. All houses licensed for the first time after 1872, for consumption on the premises, must be of higher values than formerly—namely, £12 to £50.

In 1872 many of the previous statutes were modified by the intoxicating liquor licensing act, 35 and 36 Vict. c. 94, and in 1874 by 37 and 38 Viet.. e. 49. The chief new features were to define the opening And closing of the houses on Sundays and wcek days, and to allow country justices to vary these hours a little. Though travelers are still entitled at all hours to enter inns, persons are subjected to penalties for falsely pre tending that they are travelers, and also for being found within licensed premises without sufficient reasons, during the hours when such houses ought by law to be closed. Any constable may enter one of these houses for cause, and demand the name and address of and persons found therein (hiring prohibited hours, and it is an offense to give a false name and address. While the hours of opening and closing are now clearly defined, a power is given to the local justices or the metropolitan police commissioners to relax them for houses near any night-work or market. A power was also given to record convictions on the licenses, and after three convictions the keeper of the house was to forfeit his license and remain disqualified for 5 years, and even the premises themselves were to be disquali fied from receiving a license for 2 years. The other chief feature was that justices were divided into two bodies for granting new licenses, of them beings select committee to review the other, while there was no appeal allowed from the refusal to grant a license for a new inn. The justices thus had larger powers of refusal than before. The English act of 1872 applied in most respects to Ireland; and many of its provisions were made applicable to Scotland by an act passed in 1876.

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