Licensing (Ireland) Act 1836
| Jurisdiction | UK Non-devolved |
| Citation | 1836 c. 38 |
| Year | 1836 |
(6 & 7 Will. 4) C A P. XXXVIII.
[28th July 1836]
'WHEREAS an Act was passed in the Third and Fourth Years of the Reign of His present Majesty, intituled Ireland: And whereas it is expedient to amend the said Act in certain Particulars, and to make other Regulations in respect of the Sale of Wine, Spirits, Beer, and Cider by Retail inIreland :' 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 Parliament assembled, and by the Authority of the same, That from and after the Fifth Day of in the Year One thousand eight hundred and thirty-six it shall and may be lawful to and for the proper Officers of Excise, and they are hereby directed, to require from all and every Person and Persons applying for such Licence, as in the said Act mentioned, to sell Beer, Cider, and Spirits by Retail, to be consumed in any House specified in said Licence, being the same House as shall have been licensed in the Year last immediately preceding, and whose Licence shall not have been withdrawn or annulled, in addition to the Certificate of Six Householders of the Parish in the said recited Act mentioned, a Certificate to the same Purport and Effect from the Chief Constable of the Constabulary Force acting in and for the District in which such House may be situate, or in lieu thereof a Certificate from Two of the Overseers appointed or to be appointed, as provided in and by the said recited Act or by this Act, for the Parish in which such House is situate; and in such Certificate the said Two Overseers shall state the Time of their Appointment, and that they acted as such Overseers at least for One Month in the Year immediately preceding the Date of such Certificate; and such Certificate shall be signed by the said Overseers without Fee or Reward.
II Process Servers not to be licensed to retail Spirits.
II. And be it further enacted, That no Person appointed to serve Civil Bill Processes shall be capable, while he holds such Office, of receiving or holding a Licence to sell Beer, Cider, Wine, or Spirits by Retail.
III Certain Persons not to retail Spirits to be consumed on the Premises.
III. And be it further enacted, That from and after the passing of this Act no Person inIreland who shall be duly licensed under any Act or Acts for, granting Excise Licences to deal in or sell Coffee, Tea, Cocoa Nuts, Chocolate, or Pepper, nor any Person deemed a Grocer within the Meaning of the Laws of the Excise in force in Ireland at or immediately before the passing of this Act, shall be entitled to take out any Licence to retail Spirits in the House or on the Premises of such Retailer, or in any House or on any Premises within One Quarter of a Mile of the House or Premises of such Retailer, other than a Licence to retail Spirits in Quantities not less at one Time than One Pint, and to be consumed elsewhere than in the House or on the Premises of such Retailer; and any Licence to retail Spirits in any other Manner granted after the passing of this Act to any such Grocer or Person so licensed as aforesaid shall be wholly null and void to all Intents and Purposes whatsoever.
IV Retailers Houses shall not be open for the Sale of Spirits between Nine at Night of Sunday, and Nine in the Morning of Monday.
IV. And be it further enacted, That from and after the passing of this Act no Person selling or licensed to sell Beer or Cider, Spirits or Wine, by Retail, to be drunk or consumed on the Premises, shall have or keep his House or other Place of Sale (not being a Booth or Tent at any lawful or accustomed Fair, or at any public Races,) open for the Sale of Spirits, Wine, or Beer, nor shall sell or retail Spirits, Wine, or Beer, nor shall suffer any Spirits, Wine, or Beer to be drunk or consumed in or at such House or other Place, at any Time between the Hours of Nine of the Clock in the Night ofSunday and Nine of the Clock in the Morning of Monday ; and if any such Person shall keep his House or other Place of Sale open for selling or shall sell Spirits, Wine, or Beer, or suffer Spirits, Wine, or Beer to be sold, drunk, or consumed in or at such House or other Place, at any Time between the Hour of Nine of the Clock at Night on Sunday and the Hour of Nine of the Clock in the Morning of Monday , such Person shall forfeit the Sum of Two Pounds for any such Offence; and every separate Sale shall be deemed a separate Offence, and all Sales on any One Day shall be deemed and considered and may be prosecuted as separate Offences: Provided always, that nothing herein contained shall extend to prohibit the Sale of Spirits, Wine, or Beerto a Traveller.
V Booths and Tents at Fairs, &c. not to be open for the Sale of Spirits, Wine, or Beer at any Hour between Six in the Evening and Nine in the Morning in Summer, and Three in the Afternoon and Nine in the Morning in Winter.
V. And be it further enacted, That no Person selling or licensed to sell Beer or Cider and Spirits or Wine by Retail, to be drank or consumed on the Premises, or otherwise, shall have or keep any Booth or Tent or other Place, not being a House duly licensed for the Sale of Spirits at any lawful or accustomed Fair or at any public Races, open for the Sale of Spirits, Wine, or Beer, nor shall sell or retail Spirits, Wine, or Beer, nor shall suffer any Spirits, Wine, or Beer to be sold, drunk, or consumed in or at such Booth or Tent or other Place between the Hours of Six of the Clock in the Evening and Nine of the Clock in the Morning at any Time between the First Day ofApril and the First Day of the following Month of October , or between the Hours of Three of the Clock in the Afternoon and Nine of the Clock in the Morning at any Time between the First Day of October and the First Day of the following Month of April , nor at any Time whatsoever on any Sunday, Good Friday, Christmas Day , or any Day appointed for a Public Fast or Thanksgiving; and if any such Person shall keep such Booth or Tent or other Place open for selling or shall sell Spirits, Wine, or Beer, or shall suffer any Spirits, Wine, or Beer to be drunk or consumed in or at such Booth or Tent or other Place, at any Hour or Time at which the same are hereby respectively prohibited, such Person shall forfeit the Sum of Two Pounds for any such Offence; and every separate Sale shall be deemed a separate Offence; and all Sales on any One Day shall be deemed and considered and may be prosecuted as separate Offences; and this Prohibition shall be deemed and taken to extend to the Sale of Spirits, Wine, or Beer to a Traveller as well as to any other Person.
VI Justices and Constables may enter into any House, &c. in which Spirits or Beer is sold, and put out Persons tippling or gambling at prohibited Hours.
VI. And be it further enacted, That it shall and may be lawful for any Justice of the Peace, or for any Chief Constable, or for any Churchwarden or Overseer in the said recited Act or herein-after mentioned, or for any Constable authorized for the Purpose by any such Justice, within the Limits of his Jurisdiction, to enter into any House, Booth, Tent, or other Place kept by any Person selling or having a Licence to sell Spirits, Wine, or Beer by Retail, at any Time or Hour during which the Sale of Spirits, Wine, or Beer is by this Act prohibited therein, and to remove from and put out of such House, Booth, Tent, or other Place any Person who shall be found within such prohibited Hours in such House, Booth, Tent, or other Place (not being a Lodger or Inmate thereof), and who shall appear to be or to have recently been drinking, tippling, or gaming therein; and that if any such Personshall not, when thereto required by such Justice of the Peace, Chief or other Constable, Churchwarden or Overseer as aforesaid, remove from and quit such House, Booth, Tent, or other Place, or shall forcibly resist such Justice, Constable, Churchwarden, or Overseer, or shall be found drunk therein, it shall and may be lawful for any Constable, Churchwarden, or Overseer to apprehend and take into Custody any such Person so offending, and to...
To continue reading
Request your trial