Licensing (Ireland) Act 1874
| Jurisdiction | UK Non-devolved |
| Citation | 1874 c. 69 |
| Year | 1874 |
Licensing Act (Ireland), 1874
(37 & 38 Vict.) CHAPTER 69.
An Act to amend the Laws relating to the sale and consumption of Intoxicating Liquors in Ireland.
[7th August 1874]
W HEREAS it is expedient to amend the provisions of the Licensing Act, 1872, which extend to Ireland; which provisions are in this Act referred to as the principal Act:
Be it 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, as follows:
Preliminary.
1 Construction and short title of Act.
1. This Act and the principal Act shall, so far as is consistent with the respective tenors of such Acts, be construed as one Act, and may be cited together as ‘The Licensing Acts (Ireland), 1872-1874;’ but this Act may, if necessary, be cited separately as ‘TheLicensing Act (Ireland), 1874.’
Early-closing Licenses, Licenses, and Excise Licenses.
2 Early-closing licenses.
2. Where, on the occasion of any application for a certificate for a new license, or the transfer or renewal of a license which authorises the sale of any intoxicating liquor for consumption on the premises, the applicant applies to the licensing justices to cause to be inserted in his license a condition that he shall close the premises in respect of which such license is or is to be granted one hour earlier at night than that at which such premises would otherwise have to be closed, the justices shall cause the said condition to be inserted in such certificate, and the same shall be inserted in any license granted in pursuance thereof.
The holder of a license in which such condition is inserted (in this Act referred to as an early-closing license) shall close his premises at night one hour earlier than the ordinary hour at which such premises would be closed under the provisions of the principal Act, and the provisions of this Act and the principal Act shall apply to the premises as if such earlier hour were the hour at which the premises are required to be closed.
The applicant for an early-closing license may obtain from the Commissioners of Inland Revenue any license granted by such Commissioners which he is entitled to obtain in pursuance of any such certificate as aforesaid, upon payment of a sum representing six sevenths of the duty which would otherwise be payable by him for a similar license not limited to such early closing as aforesaid. In calculating the six sevenths fractions of a penny shall be disregarded.
The notice which a licensed person is required by section eleven of the principal Act to keep painted or fixed on his premises shall, in the case of an early-closing license, contain such words as the licensing justices may order for giving notice to the public that an early-closing license has been granted in respect of such premises.
3 Remission of duty in case of six-day and early-closing license.
3. A person who takes out a license containing conditions rendering such license a six-day license as well as an early-closing license shall be entitled to a remission of two sevenths of the duty.
4 Occasional license required at fairs and races.
4. Any person selling or exposing for sale any intoxicating liquor in any booth, tent, or place within the limits of holding any lawful and accustomed fair or any races, without an occasional license authorising such sale, shall, notwithstanding anything contained any Act of Parliament to the contrary, be deemed to be a person selling or exposing for sale by retail intoxicating liquor at a place where he is not authorised by his license to sell the same, and be punishable accordingly.
Provided that this section shall not apply to any person selling or exposing for sale intoxicating liquors in premises in which he is duly authorised to sell the same throughout the year, although such premises are situate within the limits aforesaid.
5 Occasional licenses,—extension of time for closing.
5. Whereas by the twentieth section of the Act of the session of the twenty-sixth and twenty-seventh years of the reign of Her present Majesty, chapter thirty-three, it is provided that the hours during which an occasional license shall authorise the sale of any beer, spirits, or wine shall extend from sunrise until one hour after sunset: Be it enacted, that the said section shall be construed as if in place of the words ‘sunrise until one hour after sunset’ there were inserted the words ‘such hour, not earlier than sunrise, until such hour, not later than ten o'clock at night, as may be specified in that behalf in the consent given by the justice for the granting of such occasional license.’
6 Offences on premises with occasional license.
6. For the purpose of so much of the principal Act as relates to offences against public order, that is to say, sections twelve to eighteen, both inclusive, and the sections for giving effect to the same, a person taking out an occasional license shall be deemed to be a licensed person within the meaning of the said sections, and the place in which any intoxicating liquors are sold in pursuance of the occasional license shall be deemed to be licensed premises, and to be the premises of the person taking out such license.
7 Restriction as to licenses under 5 & 6 W. 4. c. 39. s. 7.
7. From and after the passing of this Act it shall not be lawful for any person under the authority of any license granted under the authority of section seven of the Act of the session of the fifth and sixth years of the reign of His late Majesty King William the Fourth, intituled ‘An Act to exempt certain retailers of spirits to a small amount from the additional duties on licenses, and to discontinue the excise and survey on wine, and the use of permits for the removal thereof,’ to sell or expose for sale by retail any intoxicating liquors elsewhere than within the part or parts of the theatre or other place of public entertainment which shall be specified in such license, or to sell intoxicating liquors to persons other than those employed in or bon fide attending the performances in such theatre or other place of public entertainment, or to sell or expose intoxicating liquors at any time other than the time of such performances, or during thirty minutes immediately pretending the commencement or immediately succeeding the termination of such performances; and any sale or exposure for sale in contravention of any of the provisions of this enactment shall be deemed to be a sale or exposing for sale by retail of intoxicating liquor by a person not duly licensed to sell the same within the meaning of the principal Act, and shall subject the person making the same to the penalties and forfeitures of that Act.
Provided always, that no part of such theatre or other place of public entertainment which shall, during the performances in the same, be accessible to persons other than those employed or attending performances therein, shall be included in any such license.
8 Certificates required previously to grant of whole-sale beer dealer's license.
8. It shall not be lawful for any officer of excise in Ireland to grant a wholesale beer dealer's license, or to grant a renewal or transfer of any such license to any person unless such person shall produce a certificate to the effect and as required by section three of ‘The Beerhouses (Ireland) Act, 1864,’ with respect to the grant, renewal, or transfer of the license to sell beer by retail therein mentioned.
All applications for such certificates shall be made in the manner and subject to the like conditions as to appeals against the same and otherwise (so far as the same are applicable) as are prescribed by ‘The Beerhouses (Ireland) Act, 1864,’ in relation to applications for certificates under the said Act, as the same are amended by this Act.
9 Provisions of sect. 82 of principal Act extended.
9. The provisions of section eighty-two of the principal Act, relating to the grant of new excise licenses and of renewals of excise licenses to certain persons therein described, shall extend to the transfer of excise licenses, and the said previsions so extended shall not be limited to the case of such persons, but shall extend and apply to all such transfers and grants when made to any other persons: Provided always, that in the case of a new excise license or transfer of an excise license under this section the certificate shall be to the good character of the person applying for the same and to the suitability of the premises.
10 Notice of intended application for license.
10. Every person intending to apply for a new license or for the transfer of a license, instead of serving notice, as hitherto required by the Act of the session of the third and fourth years of the reign of King William the Fourth, chapter sixty-eight, section two, upon the churchwardens of the parish or union wherein the premises sought to be licensed are situate shall, on some day not more than four and not less than two weeks before the intended application is to be heard, cause to be inserted or advertised in some paper circulating in the place in which such premises are situate a notice conformable to the requirements of the said section two.
11 Exemption from closing in respect of...
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