Refreshment Houses (Ireland) Act 1860
| Jurisdiction | UK Non-devolved |
| Citation | 1860 c. 107 |
(23 & 24 Vict.) C A P. CVII.
[28th August 1860]
Most Gracious Sovereign:
WE, Your Majesty's most dutiful and loyal Subjects, the Commons of the United Kingdom ofGreat Britain and Ireland in Parliament assembled, towards raising the necessary Supplies to defray Your Majesty's public Expenses, and making an Addition to the Public Revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several Rates and Duties herein-after mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted; and 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:
I From and after 1st July 1860 certain Duties to be charged for Licences herein mentioned.
I. From and after the First Day ofJuly One thousand eight hundred and sixty there shall be charged, levied, and paid, unto and for the Use of Her Majesty, Her Heirs and Successors, for and upon the several Licences herein-after mentioned, the respective Rates and Duties following; that is to say,
For every Licence to keep a Refreshment House— |
s. d. |
If the House and Premises in respect of which such Licence shall be granted shall be under the Value of 20 l. a Year |
0 10 6 |
And if the same shall be of the Value of 20 l. a Year or upwards |
1 1 0 |
And for every Licence to be granted as herein-after mentioned to any licensed Keeper of a Refreshment House to sell therein by Retail Foreign Wine to be consumed in such House or on the Premises belonging thereto— |
|
If such House and Premises shall be under the Value of 50 l. a Year |
3 3 0 |
And if the same shall be of the Value of 50 l. a Year or upwards |
5 5 0 |
And for every Licence to be taken out by any Person for the selling by Retail in any Shop of Foreign and British Wine not to be consumed in the House or Shop or on the Premises where sold— |
|
If the House and Premises shall be under the Value of 50 l. a Year |
2 2 0 |
And if the same shall be of the Value of 50 l. a Year or upwards |
3 3 0 |
II Powers and Provisions of Excise Acts to apply to the Duties granted by this Act.
II. The Duties by this Act granted shall be deemed to be Excise Duties, and shall be under the Care and Management of the Commissioners of Inland Revenue for the Time being; and all Powers, Provisions, and Regulations, Penalties, and Forfeitures contained in or enacted by any Act in force in relation to Excise Duties, shall, in all Cases not herein expressly provided for, and so far as the same are not superseded by and are consistent with the express Provisions of this Act, be duly observed, applied, and put in execution for ascertaining the Value of any House or Premises in respect of which any Licence shall be applied for under this Act, and for charging, collecting, and securing the said Duties hereby granted, and otherwise relating thereto, as fully and effectually as if the same Powers, Provisions, and Regulations, Penalties and Forfeitures, were repeated and re-enacted in the Body of this Act with reference to such Value and to the said Duties hereby granted: Provided always, that the Valuation of any such House or Premises on which the last preceding Rate for the Relief of the Poor had been made shall be deemed and taken to be the Value of such House or Premises for any of the Purposes of this Act.
III Every Person keeping a Shop may take out a Licence to retail Wine not to be consumed on the Premises.
III. Every Person who shall keep a Shop for the Sale of any Goods or Commodities other than Foreign Wine, or who shall have taken out a Licence as a Dealer in Wine (except Persons expressly disqualified by this Act), shall, without producing or having any other Licence or Authority, be entitled to take out a Licence under this Act to sell by Retail, and in reputed Quart or Pint Bottles only, in such Shop Foreign Wine not to be consumed on the Premises where sold, anything in any former Act to the contrary notwithstanding.
IV What shall be deemed selling by Retail.
IV. Every Sale of Foreign Wine in any less Quantity than Two Gallons, or in less than One Dozen reputed Quart Bottles, at One Time, shall be deemed to be a selling by Retail.
V Permitting drinking Wine in a neighbouring House, Shed, &c., with Intent to evade the Act, to be deemed drinking on Premises.
V. If any Person licensed to sell Wine not to be consumed on the Premises shall, with Intent to evade the Provisions of this Act, take or carry, or authorize or employ or permit or suffer any Person to take or carry, any Wine out of or from the House, Shop, or Premises of such licensed Person, for the Purpose of being sold on his Account, or for his Benefit or Profit drunk or consumed, in any other House or in any Tent, Shed, or other Premises of any Kind whatever belonging to such licensed Person, or hired, used, or occupied by him, such Wine shall be deemed and taken to have been drunk or consumed upon the Premises; and the Person selling the same shall be subject to the like Penalties as if such Wine had been actually consumed in any House or upon any Premises licensed only for the Sale thereof as aforesaid.
VI Penalty.
VI. All Houses, Rooms, Shops, or Buildings kept open for Public Refreshment, Resort, and Entertainmentat any Time between the Hours of Nine of the Clock at Night and Seven of the Clock of the following Morning, not being licensed for the Sale of Beer, Cider, Wine, or Spirits respectively, shall be deemed Refreshment Houses within this Act, and the Resident, Owner, Tenant, or Occupier thereof shall be required to take out a Licence under this Act to keep a Refreshment House; and every Person who shall keep any House, Room, Shop, or Building for the Purpose of selling therein any Victual or Refreshment to be consumed on the Premises where the same shall be sold (except Beer, Cider, Wine, and Spirits sold respectively under a proper Licence in that Behalf), and every Person who shall keep any House, Room, Shop, or Building for the Consumption therein by the Public of any Refreshment (except as aforesaid), although the same shall not be sold therein, may, if he shall think fit, take out a Licence under this Act to keep a Refreshment House; and in all Proceedings and upon all Occasions whatever it shall be sufficient to describe by the Term Refreshment House any House, Room, Shop, or Building in which any such Article as aforesaid (except as aforesaid) is sold to be consumed, or is consumed as aforesaid, without further or otherwise designating or describing the same; provided also, that no Licence shall be required under this Act to authorize any Person to keep a Refreshment House if the same shall not be situate within any Town or Place containing a Population exceeding Ten thousand according to the last Parliamentary Census.
VII Confectioners and Eating-house Keepers entitled to take out Licences to sell Wine to be drunk on the Premises.
VII. Every Person who shall be licensed to keep a Refreshment House, and shall pursue therein the Trade or Business of a Confectioner, or shall keep open such House as an Eating-house, for the Purpose of selling, to be consumed therein, Animal Food or other Victuals wherewith Wine or other fermented Liquors are usually drunk, shall be entitled (subject to the Terms and Conditions of this Act, and not being expressly disqualified thereby,) to take out a Licence to sell Foreign Wine by Retail in such Refreshment House, to be consumed on the Premises where the same shall have been sold, without producing or having any other Licence or Authority than as aforesaid; and every Confectioner and Eating-house Keeper respectively who shall have taken out such Licence to retail Wine under this Act, shall not be subject or liable to any Penalty or Forfeiture under any other Act or Acts by reason or on account of his selling Wine by Retail, or having the same in his Possession in his entered Premises, anything in any other Act or Acts to the contrary notwithstanding.
VIII Wine Licences not to be granted for Refreshment Houses under a certain annual Value.
VIII. Provided always, That no Licence to sell Foreign Wine by Retail to be consumed on the Premises shall be granted for any Refreshment House which, with the Premises belonging thereto and occupied therewith, shall be under the Value of Eight Pounds a Year, nor for any Refreshment House situated in any City, Borough, Town, or Place containing a Population exceeding Ten thousand according to the then last Parliamentary Census if such Refreshment House, with the Premises belonging thereto and occupied therewith, shall be under the Value of Fifteen Pounds a Year; and no Sheriff'sOfficer, Clerk of Petty Sessions, or Officer executing the legal Process of any Court of Justice, shall be capable of receiving or using any Licence under this Act to sell Wine by Retail to be consumed on the Premises; and every Licence which shall be granted contrary hereto shall be void to all Intents and Purposes.
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