Licensing (Ireland) Act 1833
| Jurisdiction | UK Non-devolved |
| Citation | 1833 c. 68 |
(3 & 4 Will. 4) C A P. LXVIII.
[28th August 1833]
'WHEREAS by an Act passed in the Sixth Year of the Reign of His late Majesty KingGeorge the Fourth, intituled Great Britainand Ireland, and to impose other Duties in lieu thereof, and to amend the Law for granting Excise Licences , it is amongst other things enacted, that no Excise Licence shall be granted under or by Authority of that Act for the Sale of any Beer, Cider, or Perry by Retail, to be drank or consumed in the House or Premises of the Person or Persons applying for such Licence, to any Person or Persons who shall not produce, at the Time of applying for such Licence, a Certificate or Authority then in force, to him, her, or them in that Behalf granted in due Form of Law by Justices of the Peace or Magistrates, or other competent Persons, for such Person or Persons applying for such Licence to keep a common Inn, Alehouse, or Victualling House; and any Licence granted to any other Person than aforesaid is declared to be null and void: And whereas the Laws for granting such Certificate or Authority by the Justices of the Peace and Magistrates in Ireland have become confused, doubtful, and complicated, and the requiring the said Certificate or Authority imposes great Difficulties and Hardships on Persons applying to be so licensed, and it is expedient to amend the said Laws, and to authorize the proper Officers of Excise in Ireland to grant such Licences as aforesaid to the same Persons and at or for the same Houses as shall have been licensed in the Year last immediately preceding, without requiring the Production of any such Certificate or Authority: And whereas the Laws for regulating the Conduct of Persons licensed to sell Wine, Spirits, Beer, Ale, and Cider by Retail in Ireland , to be drank or consumed on the Premises, have become very numerous and complicated, and it would greatly tend to the public Benefit to amend and simplify the same, and for that Purpose to collect into One Act the several Regulations and Provisions thereof;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That from and after the Tenth Day ofOctober One thousand eight hundred and thirty-three it shall and may be lawful for the proper Officers of Excise in Ireland to grant to the same Persons and at and for the same Houses as shall have been licensed in the Year last immediately preceding, and whose Licence shall not have been withdrawn or annulled, upon the Production of a Certificate signed by Six Householders of the Parish (Two of them being Residents of the same or next adjoining Townland, or Street if in a City or Town, in which such House is situate,) to the good Character of the Applicant, and to the peaceable and orderly Manner in which said House has been conducted in the past Year, a Licence or Licences for the Sale of Beer, Cider, and Spirits, under the Provisions of the said recited Act, to sell in Ireland by Retail, in any House specified in such Licence, Beer, Cider, and Spirits respectively to be consumed in such House, without requiring the Production of any Certificate or other Authority from any Justice or Justices of the Peace, Magistrate, or other Person or Persons whatever, on the Persons respectively applying for such Licences complying with the Conditions of this Act; any thing in any Act or Acts heretofore made or in force at the Time of the passing of this Act to the contrary in anywise notwithstanding.
II Notice to be given to Two Magistrates, to the Churchwardens, and to Clerk of the Peace, 21 Days before Application is made to the Sessions, by any Person not before licensed, stating Particulars of Situation, &c. with Names of Sureties.
II. And in lieu of the Provisions now or heretofore in force for regulating Applications to Justices in order to obtain Licences for the Sale of Beer, Cider, or Spirits by Retail; be it further enacted, That henceforward every Person inIreland who shall not have been duly licensed in the preceding Year to sell Beer, Cider, or Spirits, to be consumed in the House where sold, and who shall intend to apply for an Excise Licence, under the Provisions of this Act and of the said recited Act, for the Sale of Beer, Cider, or Spirits by Retail, to be consumed as aforesaid, shall, Twenty-one Days at least before the first Day of the then next General Sessions of the Peace to be held for the District within which the House for which such Person shall desire to be licensed shall be situate, give or cause to be given to each of the Two next resident Magistrates, and to each of the Churchwardens of the Parish or Union wherein such House shall be situate, and to the Clerk of the Peace for the County or County of a City or County of a Town in which such House shall be situate, severally and respectively, a Notice in Writing, signed by such Person, stating the Intention of such Person to make such Application, and setting forth the Situation and Place of such House, as well in respect to the Road or Highway on or adjacent to which it lies, or otherwise, in a true and particular Manner, specifying the Town, Townland, Parish, Barony, Half Barony, and if in a City or Town the Street, Square, Lane, or other Description of Place, together with the Number of such House if such House shall have been numbered, and also the Place of Abode of such Person, and the Names and Places of Abode of the Persons whom such Person requiring such Licence proposes as Sureties; and such Churchwardens shall cause a Copy of every such Notice to be posted upon the principal and most usual Place for posting Notices within or for such Parish or Union; and every such Clerk of the Peace shall file and keep such Notice given to him, and shall, Ten Daysat the least previous to such Quarter Sessions of the Peace, make out a List of the Names of all such Applicants, with their Place of Abode, and the Situation and Description, as contained in such Notice, of the House for which such Person shall desire to be licensed, and the Names and Places of Abode of the Persons proposed as Sureties for each such Person requiring such Licence, and transmit a Copy of such List to every Magistrate resident within such City or Town, and to the Clerk of every Petty Sessions within such County.
III A Day to be fixed for calling out Names of Applicants.
III. And be it further enacted, That upon a certain Day and Hour during such ensuing Quarter Sessions, to be fixed by Rule of said Court, the Names of all such Applicants, together with their Places of Abode, shall be severally called aloud, in alphabetical Order, in open Court, by the Officer of said Court, and Proclamation made of each such Application, and Demand made whether any one has or knows of any Objection to or why such Application should not be allowed or Licence granted.
IV Certain Persons authorized to object to Licences.
IV. And be it further enacted, That it shall and may be lawful for any Justice of the Peace of said City, Town, or County, Churchwarden or other Inhabitant of said Parish, previously to transmit or then and there to deliver in Writing to said Clerk of the Peace, or orally to state to said Justices in Sessions assembled, any Matter or Objection to such Application, whether grounded upon the Character, Misconduct, or Unfitness of the Applicant, Unfitness or Inconvenience of the House or Place, or Number of previously licensed Houses in the Neighbourhood; and that if any such Objection shall be so transmitted or made, an Entry thereof shall then be recorded by the Clerk of the Peace; and the Justicesin such Sessions assembled shall then, or at some other convenient Time to be appointed, proceed to consider, examine into, and adjudicate upon the Truth, Sufficiency, and Validity of such Objection, and for that Purpose to examine on Oath such Applicant or other Person as they may deem fit, and if such Justices shall be thereupon satisfied of the Truth and Sufficiency of such Objection, and shall deem it improper to intrust such Applicant with a Licence for such House, they shall, by Order in Writing to be duly entered by the Clerk of the Peace, prohibit such Licence to be issued, and therein declare the Reason or Ground of such Prohibition.
V Clerk of the Peace shall deliver Certificates to the Persons entitled thereto.
V. And be it further enacted, That upon each Application being disposed of by the Justices attending at such Sessions it shall be lawful for the Clerk of the Peace or his Deputy, and he is hereby required, to give or cause to be given to the Person entitled thereto a Certificate in the Form following:
'IA. B. , Clerk of the Peace of do certify, That C. D. is [or C. D. and E. F. are] duly entitled to receive a Licence for the Sale of Beer, Cider, or Spirits [as the Case may be ] by Retail at in the Parish of [or if extra-parochial , in the Townland of ], in this County [County of a Town or City, as the Case may be ]. Dated this Day of .
'A. B. Clerk of the Peace for .'
And every such Clerk of the Peace shall for the issuing of such Certificate be entitled to demand and receive the Sum of Two Shillings and Sixpence, and no more, as a Fee, before he shall sign or deliver such Certificate.
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