Beerhouse Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. 61 |
| Year | 1840 |
(3 & 4 Vict.) C A P. LXI.
[7th August 1840]
'WHEREAS an Act was passed in the First Year of the Reign of His late Majesty KingWilliam the Fourth, intituled England: And whereas another Act was passed in the Fourth and Fifth Years of the Reign of His said late Majesty, intituled England: And whereas it is expedient to alter and amend the said Acts:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That no Licence to sell Beer or Cider by Retail under the said recited Acts or this Act shall be granted to any Person who shall not be the real resident Holder and Occupier of the Dwelling House in which he shall apply to be licensed, nor shall any such Licence be granted in respect of any Dwelling House which shall not, with the Premises occupied therewith, be rated in One Sum to the Rate for the Relief of the Poor of the Parish, Township, or Place in which such House and Premises are situate on a Rent or annual Value of Fifteen Poundsper Annum at the least if situated in the Cities of London or Westminster , or within any Parish or Place within the Bills of Mortality, or within any City, Cinque Port, Town Corporate, Parish, or Place, the Population of which according to the last Parliamentary Census shall exceed Ten thousand, or within One Mile, to be measured by the nearest public Street or Path, from any Polling Place used at the last Election for any Town having the like Population, and returning a Member or Members of Parliament; nor shall any such Licence be granted in respect of any Dwelling House which shall not, with, the Premises occupied therewith, be rated in One Sum to the Rate for the Relief of the Poor of the Parish, Township, or Place in which such House and Premises are situate on a Rent or annual Value of Eleven Poundsper Annum , if situated within any City, Cinque Port, Town Corporate, Parish, or Place, the Populationof which according to such last Parliamentary Census shall exceed Two thousand five hundred and shall not exceed Ten thousand, or within One Mile, to be measured as aforesaid, from any Polling Place used at the last Election for any Town having the like Population as last aforesaid, and returning a Member or Members of Parliament; nor shall any such Licence be granted in respect of any Dwelling House which shall not, with the Premisesoccupied therewith, be rated in One Sum to the Rate for the Relief of the Poor of the Parish, Township, or Place in which such House and Premises are situate on a Rent or annual Value of Eight Pounds, if situated elsewhere than as aforesaid; and every Licence granted contrary hereto shall be null and void.
II Person applying to be licensed to produce a Certificate of his being the real resident Occupier of the House, and of the Amount at which it is rated.
II. And be it enacted, That every Person who shall apply to be licensed to retail Beer or Cider shall produce to the proper Officer of Excise authorized to grant such Licences a Certificate in Writing from an Overseer of the Township, Parish, or Place in which he shall reside, certifying that such Applicant is the real Resident, Holder, and Occupier of the said House, and also certifying the true Rent or annual Value at which such House, with the Premises occupied therewith, is rated in One Rating to the Poor Rates, according to the last Sum or Rate made and allowed in such Township, Parish, or Place for the Relief of the Poor; and every such Certificate shall be deposited and left with the proper Officer of Excise by whom such Licence shall be granted; and a Duplicate thereof shall be deposited and left with the Clerk of the Peace for the County, Riding, or City within which such Township, Parish, or Place is situate.
III Provision for new Houses occupied since a Rate was made.
III. Provided always, and be it enacted, That when any Person shall become the Occupier of a House newly erected, and not yet rated, and shall be desirous of taking out a Licence to retail therein Beer and Cider before the making of a new Rate, it shall be lawful for the proper Officer of Excise, if the Applicant shall in other respects be duly qualified, to grant such Licence, on the Certificate of the Overseer of the Poor certifying the Rent or annual Value to be not less than that at which such House, with the Premises occupied therewith, will be rated in One Sum to the Relief of the Poor in the next Rate to be made and allowed, and certifying also that the Applicant has claimed to be rated in respect of the said House and Premises.
IV In Extra-parochial Places Licences may be granted on the Certificate of Two Inhabitant Householders of the required annual Values.
IV. 'And whereas in some Extra-parochial Places no Assessments are made or Rates collected for the Relief of the Poor, and it is expedient to provide for Persons obtaining Licences in such Places;' be it therefore enacted, That in any extra-parochial or other Place where no Rates are made or collected for the Relief of the Poor, it shall be lawful for the proper Officers of Excise authorized to grant Licences to grant a Licence to any Person to retail Beer or Cider in a Dwelling House, which, with the Premises occupied therewith, shall be of the real Rent or annual Value of Fifteen Pounds, Eleven Pounds, or Eight Pounds respectively, according to the Situation thereof as aforesaid; and in such Case the Person applying for such Licence shall produce to and deposit and leave with the proper Officer of Excise granting such Licence a Certificate in Writing, signed by Two Inhabitant Householders of the Township or Place, certifying that the Party applying is the real Resident in and Occupier of the Dwelling House sought to be licensed, and also certifying the true and real annual Value of the same, with the Premises occupied therewith, according to the best of their Judgment and Belief.
V Penalty on Overseers refusing to grant Certificates, and on Overseers and other Persons granting false Certificates.
V. And be it enacted, That every Overseer of the Poor who shall refuse to grant a Certificate of the Rating or Assessment of any rated House and Premises, when demanded, or of any Person having claimed to be rated in respect of any newly erected House not yet rated, or who shall falsely certify any House to be rated when the same was not duly rated at the Time of the making and Allowance of the last Rate made and allowed for the Relief of the Poor, and every Overseer or other Person who shall falsely certify any Person to be the real Resident, Holder, and Occupier of any House, contrary to the Fact, or falsely certify the Rent or annual Value at which any Dwelling House and Premises shall now or will be rated, or the Rent paid for the same, or the annual Value thereof, or shall grant any Certificate which shall in any other respect be wilfully false, shall forfeit Twenty Pounds.
VI Penalty on forging Certificates, &c.
VI. And be it enacted, That every Person who shall, for the Purpose of obtaining for himself or enabling any other Person to obtain a Licence to retail Beer or Cider, forge or counterfeit any Certificate, or shall produce or make use of any Certificate, knowing the same to be forged or counterfeit, or the Matters certified therein or any of them to be false, shall forfeit Fifty Pounds; and every Licence for the Retailof Beer or Cider obtained by any Person on any such forged, counterfeit, or...
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