Licensing (Ireland) Act, 1855



An Act to amend an Act of the Eighteenth Year of Her Majesty, to amend the Laws for the better Prevention of the Sale of Spirits by unlicensed Persons, and for the Suppression of illicit Distillation, in Ireland. [23d July 1855.]

[Preamble recites 17 & 18 Vict. c. 89.]

Justices refusing certificate for renewal of licence to sell beer, &c. to enter grounds of refusal.

3 & 4 will. 4. c 68.

1. If any person shall apply for and be refused the certificate in the said Act mentioned, to entitle such person to obtain a renewal of a licence to sell beer, cider, or spirituous liquors in Ireland, the justices at petty sessions, or the divisional justices, as the case may be, shall, in the event of thereupon refusing such application, make an order accordingly, and cause an entry thereof to be made by the clerk, together with the grounds of refusal, in like manner as the justices assembled at quarter sessions are required to do by the Licensing (Ireland) Act, 1833.


14 & 15 Vict. c. 93.

2. In case any person shall feel aggrieved by such order of refusal, it shall be lawful for such person to appeal against the same to the quarter sessions of the division within which such person shall reside, or if in the Dublin Metropolitan Police District, to the recorder of Dublin, at the next quarter sessions after such order, but in case there shall not be fifteen clear days between the making of the order and such next quarter sessions, then to the quarter sessions next following in such division or city, as the case may be; and in such appeal the party opposing such application shall be respondent, and no other ground for refusing such certificate shall be entered upon, except such as shall be stated in such order of refusal; and such appeal shall be subject to the like incidents, and be heard and dealt with by the court of quarter sessions or recorder in like manner, as an appeal from an order of the justices at petty sessions under the Petty Sessions Ireland Act, 1851, save that the recognizance to be entered into shall be in the form to this Act annexed: Provided always, that upon such person having lodged such appeal, and entered into the recognizance, as directed by this Act, the licence affected by such order shall remain in full force and effect, unless and until such court of quarter sessions or recorder shall confirm the said order of refusal; and such appeal shall not be dismissed upon any point of form: Provided, that, notwithstanding anything herein contained, any licence may be withdrawn or annulled under the provisions of any Act or Acts now in force, other than the said first-mentioned Act.

Form of Recognizance. Sect. 2.

A.B., Appellant.

C.D., Respondent.


Petty Sessions District of           County of           or Dublin Metropolitan

Police           District of          .

Whereas the justices [or, if in the City of Dublin, A.B., Divisional Justice,] on the             day of            , 18      , made an order refusing to grant to the appellant a certificate to entitle him [her] to obtain a renewal of a licence to sell beer, cider, or spirituous liquors (as the case may be), upon the grounds that [state grounds mentioned in the order]:

The undersigned principal party to this recognizance hereby binds himself [herself] to perform the following obligation, that is to say, to prosecute his [her] appeal at the quarter sessions to be held at            , and to pay such costs as the assistant barrister (or recorder,) shall order or direct; and the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit to the Crown the sums following, that is to say, the said principal party five pounds, and the undersigned sureties the sum of fifty shillings each, in case the principal party fails to perform his [her] obligation.

(Signed)             A.B.,             (Principal party.)





Taken before me, this             day of            , 18        , at            .

(Signed)             Y.Z. (Justice or Divisional Justice.)