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Interpretation of terms, &c.
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74. In this Act, if not inconsistent with the context, the following expressions have the meanings herein-after expressly assigned to them; that is to say,
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9 Geo. 4. c. 61.
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“The Alehouse Act, 1828,” includes the Acts amending the same :
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32 & 33 Vict. c. 27. 33 & 34 Vict. c. 29.
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“Wine and Beerhouse Acts” means the Wine and Beerhouse Act, 1869, and the Wine and Beerhouse Act Amendment Act, 1870:
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“Intoxicating Liquors Licensing Acts” means the Alehouse Act, 1828, and the Wine and Beerhouse Acts:
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“Intoxicating liquor” means spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, distilled, or spirituous liquor which cannot, according to any law for the time being in force, be legally sold without a license from the Commissioners of Inland Revenue :
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9 Geo. 4. c. 61.
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“License” means a license for the sale of intoxicating liquors granted by justices in pursuance of the Alehouse Act, 1828, including a certificate of justices granted under the Wine and Beerhouse Acts, and including a license for the sale of sweets which is hereby authorised to be granted in the same manner as if sweets were wine, and including a license for the retail of spirits granted to a wholesale spirit dealer by the justices in pursuance of this Act:
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“A new license” means a license granted at a general annual licensing meeting in respect of premises not theretofore licensed for the sale of intoxicating liquors :
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“The renewal of a license” means a license granted at a general annual licensing meeting by way of renewal:
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9 Geo. 4. c. 61.
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“The transfer of a license” means a transfer made in special sessions in exercise of the power granted to justices by the fourth section of the Alehouse Act, 1828:
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“Licensed person” means a person holding a license as defined by this Act:
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“Licensed premises” means premises in respect of which a license as defined by this Act has been granted and is in force :
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“Unlicensed premises” means premises in respect of which a license as defined by this Act has not been granted or is not in force :
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“Owner of licensed premises” means the person for the time being entitled to receive, either on his own account or as mortgagee or other incumbrancer in possession, the rackrent of such premises :
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“Licensing district” means the area for which a general annual licensing meeting is held in pursuance of the Alehouse Act, 1828:
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“Licensing justices” means the justices having jurisdiction in respect of the grant of new licenses in a licensing district under the Alehouse Act, 1828, as amended by this Act:
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“Licensing officer” means any officer appointed by the Commissioners of Inland Revenue to issue or superintend the issue of licenses under this Act in any place:
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“Sale by retail” in respect of any intoxicating liquor means the sale of that liquor in such quantities as is declared to be sale by retail by any Acts relating to the sale of intoxicating liquors:
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“County” does not include a county of a city or a county of a town, but means any county, riding, parts, division or liberty of a county having a separate commission of the peace and a separate court of quarter sessions:
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“Borough” means a county of a city, county of a town, city, municipal borough, cinque port and its liberties, town corporate or other place in which a general annual licensing meeting is held in pursuance of the Alehouse Act, 1828, exclusive of a petty sessional division of a county :
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Where a liberty of a county as defined by this Act, is not divided into petty sessional divisions, such liberty shall, so far as respects the provisions of this Act with respect to the grant of new licenses, stand in the same position as if it were a petty sessional division of the county in which it is geographically situate or with which it has the longest common boundary :
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“Clerk of the licensing justices” means, where the licensing district is a county or a petty sessional division of a county, the clerk of the petty sessions for such division; and where the licensing district is a county of a city, county of a town, city, municipal borough, town corporate, or other place not a county or a petty sessional division of a county, means the clerk to the justices of such county of a city, county of a town, city, borough, town corporate, or place, or other person performing analogous duties to such clerk; and where there are more persons than one in any county, petty sessional division, or other place filling the office of clerk of the licensing justices as herein-before defined, the licensing justices shall determine by which of such persons the register of licenses shall be kept:
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“[1]
Town” means any parliamentary or municipal borough, Improvement Act district, local government district, or other place having a known legal boundary, and wherever two or more of the above-mentioned places occupy portions of the same area, “town” shall be taken to mean such one of such places as is the largest in area; and any premises situate in more than one town shall, for the purposes of this Act, be deemed to be in such one of the towns as is the largest in area :
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21 & 22 Vict. c. 98.
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“Local government district” means any area subject to the jurisdiction of a local board constituted in pursuance of the [2]
Local Government Act, 1858 :
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“Improvement Act district” means any area for the time being subject to the jurisdiction of any commissioners, trustees, or other persons intrusted by any Local Act, not being a Turnpike Act or Highway Act, with powers of improving, cleansing, or paving any part of such district :
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. .
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Repeal.
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75. [Repeal of enactments in Second Schedule, and provision making the Wine and Beerhouses Acts perpetual.]
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Billiard licenses.
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8 & 9 Vict. c. 109.
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9 Geo. 4. c. 61.
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Provided also, that in the case of persons intending to apply for billiard licenses under the Gaming Act, 1845, or for the transfer of such licenses, the same notices shall be given as are by this Act required in the case of licenses as defined by this Act, or as near thereto as circumstances admit; and any person convicted of an offence against the tenor of a billiard license, or of any offence declared by the last-mentioned Act to be an offence against the tenor of a license as defined by this Act, shall be punished under this Act in the same manner in all respects as a licensed person within the meaning of this Act is punishable under this Act for suffering any gaming or any unlawful game to be carried on on his premises; and in construing the last-mentioned Act any reference to the Alehouse Act, 1828, shall be construed to refer to that Act as amended by this Act.
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Application of certain of the preceding Provisions of this Act to Ireland.
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[1 So much of this section as contains the definition of a town for the purposes of the provisions with respect to closing and of a new license, rep. 37 & 38 Vict. c. 49. s. 33.]
[2 This Act is rep. 38 & 39 Vict. c. 55. s. 343. See s. 313.] |
