Magistrates Cases Relating to the Poor Law, the Criminal Law, Licensing (Classic Reprint)
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Excerpt from Magistrates Cases Relating to the Poor Law, the Criminal Law, Licensing Upon May 27 police officers visited the premises, and found several persons who, as they alleged, were unlawfully gaming there. For the respondent it was contended that she was not a licensed person within section 17, and did not hold any licence as defined by section 74 of the Act of 1872; that no licence for the sale of intoxicating liquors had ever been granted to her by Justices in pursuance of the Alehouse Act, 1828, or any other Act, and therefore she could not be liable for any penalty under section 17 of the Act of 1872; and further, if an executor of a deceased licensee became a "licensed person" within the meaning of section 17 after the death of a licensee and before any application to Justices at special sessions for a transfer of the licence, there would be no need for the last paragraph of section 3 of the Act of 1872, which exempts such executors from the penalties to which unlicensed persons are liable for selling intoxicating liquor, and that, although there might be an omission from the Act, the section, being penal, was to be construed strictly. For the appellant it was contended that the respondent, being, as executrix of Margaret Hughes, in possession and occupation of the licensed premises, was a person holding a licence as defined by the Act of 1872 - namely, the licence granted to Margaret Hughes - and was therefore a licensed person; and that to limit the words "person holding a licence" to the individual to whom and in whose name the licence was originally granted, would be to place upon them a limitation not warranted by the words themselves, and at variance with the obvious intention of the Legislature in relation to the maintenance of public order; and that such meaning of the words "licensed person" was inconsistent with the context of section 17. The question for the opinion of the Court was: Whether the respondent was on May 27, 1901, a "licensed person" within the meaning of section 17 of the Licensing Act, 1872? R. M. Montgomery (with him Honoratus Lloyd), for the appellant. - The point arises under the proviso to section 3 of the Licensing Act, 1872, upon the refusal of Justices to convict the respondent on a charge of suffering gaming on licensed premises. They considered the respondent was not a licensed person within section 17, which imposes the penalty, and that she was merely the executrix of Margaret Hughes, the deceased licensee. The question is, Was the respondent on May 27, 1901, a licensed person? If the respondent´s contention be correct, the provisions of sections 13, 14, 15, 16, 17, and 23 would be affected, and licensed premises could be kept open and offences committed upon them in defiance of the Justices. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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