Public-Houses

justices, excisable, liquors, travelers and sale

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In Scotland the law affecting public-houses has been considerably altered of late years, and the governing statute is now 25 and 26 Viet. c. 35. Certificates for the sale of excisable liquors must be applied for to the justices of the peace, who meet for the purpose in April and October. The justices have a discretion in particular localities as to fixing the hours of closing within certain limits. Certificates to sell wines and spirits include power to sell beer and cider also; but they may be granted for the sale of wine, porter, ale, beer, cider, and perry only; or for beer, porter, ale, cider, and perry only; so that there are three kinds of certificates, corresponding to what exists in England. The justices' certificate also must be obtained for the spirit and wine license, before application for the excise license. The justices have power, in special circumstances, to regulate the hours of closing; but the general hours of closing in all cases are as follows: the houses shall not be open for sale or drinking before 8 A.M., nor after 11 P.M., with the exception of refreshment to travelers, or to persons lodging in the premises: and the house shall not be opened for the sale of any excisable liquors, or dunking thereof, on Sunday, except for the accommodation of lodgers and travelers. Though, however, on Sundays, trav elers and lodgers only are to be supplied with drink, this is only so in the case of inns and hotels; for with regard to public-houses proper, and spirit or beer-shops, these are not allowed to be open on Sundays even to travelers or lodgers. The certificate of justices

is granted on the same conditions as to good order as in England. The owner of any property in the neighborhood may object to the granting or renewing of the certificate. Constables may enter at any time eating-houses, if they suspect excisable liquors are unlawfully sold there. The chief officer of police is to report to the procurator-fiscal the places where intoxicated persons are seen frequently to issue. Persons keeping shebeens, or uncertificated places where spirits or excisable liquors are sold or drunk, are punished heavily, and also the persons found drunk there may be fined 10s. The main difference between English and Seotch inns and public-houses is the shutting up thesefor the whole Sunday in Scotland. In both countries travelers are excepted; and the same definition will and ought to be given to that word in both countries, and there is a penalty imposed in Scotland of £5 on any person who falsely represents himself to be a traveler, so as to procure entertainment and drink in an inn; as there now is also in Enidand, where the burden of proof that the person served is a traveler is thrown on the yet, if the latter take all precautions to ask and satisfy himself on the point, English statutes have now decided that he incurs no penalty. The policy of these restrictions on the opening of inns and public-houses on Sunday has been much discussed of late years.

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