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6 Geo. 4. c. 81. s. 2.
Sect. 26.
Penalty on persons selling beer not brewed by them in wholesale quantities without a licence under recited Act.
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36. And whereas by the Excise Licences Act, 1825, a licence is required to be taken out by every person, not being a brewer of beer, who shall sell strong beer only in casks containing not less than four gallons and a half, or in not less than two dozen reputed quart bottles at one time, to be drank or consumed elsewhere than on his premises; and by the twenty-sixth section of the same Act a penalty of one hundred pounds is imposed upon every such person who shall sell beer in manner aforesaid without taking out such licence as aforesaid: Be it enacted, that every person not having taken out such licence as aforesaid who shall sell beer in any such quantity as aforesaid, such beer not having been brewed by himself, shall be subject and liable to the said penalty; and in any information or other proceeding for the recovery of the same it shall not be necessary to negative that the defendant was a brewer of beer; and on the trial or hearing of any such information or proceeding proof that the beer was brewed by the defendant shall lie upon himself by way of defence: Provided always, that nothing herein contained shall extend to the sale of beer by any person licensed by the justices of the peace to keep an alehouse or victualling house, and having also taken out the proper Excise licence in that behalf.
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