
I 
From and after the First Day of July 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,

 £ s. d.
For every Licence to keep a Refreshment House—   
If the House and Premises in respect of which such Licence shall be granted shall be under the Rent and Value of 20l. a Year 0 10 6
And if the same shall be of the Rent or Value of 20l. 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 Rent and Value of 50l. a Year - 3 3 0
And if the same shall be of the Rent or Value of 50l. 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 Rent and Value of 50l. a Year 2 2 0
And if the same shall be of the Rent or Value of 50l. a Year or upwards 3 3 0
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in relation to Excise Duties, shall, in all Cases not herein expressly provided for, and so far as the same are not superseded by and are consistent with the express Provisions of this Act, be duly observed, applied, and put in execution for ascertaining the Rent or Value of any House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 Rent or Value and to the said Duties hereby granted.
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 
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 
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 
All Houses, Rooms, Shops, or Buildings kept open for Public Refreshment, Resort, and Entertainment at any Time between the Hours of Nine of the Clock at Night and Five 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.
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 
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 Rent and Value of Ten 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 Rent and Value of Twenty Pounds a Year; and no Sheriff's Officer, 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.
IX 
Every Person who shall keep a Refreshment House for which a Licence is required by this Act, without taking out and having in force a proper Licence in that Behalf granted to him under the Authority of this Act, shall forfeit a Sum not exceeding Twenty Pounds, which Penalty shall be recovered as herein-after directed.
X 
All Licences authorized to be granted under this, Act shall be granted by and under the Hands of the Collector or other Person having charge of the Excise Collection, and the Supervisor of Excise of the District within which respectively the Refreshment House or other House or Shop for or relating to which any such Licence shall be required, or by such other Person or Persons as the Commissioners of Inland Revenue shall appoint or authorize in that Behalf, on Payment of the Duty chargeable for such Licences respectively; and every such Licence shall be in the Form contained in the Schedule annexed to this Act: Provided always, that it shall be lawful for the Commissioners of Inland Revenue from Time to Time to make such Alterations therein as they may deem to be necessary, in consequence of any Alteration or Amendment of the Law, in order to make such Form of Licence conformable to the Law for the Time being.
XI 
All Licences which shall be granted under the Authority of this Act between the Thirty-first Day of March and the First Day of May in any Year shall be dated on the First Day of April, and all Licences which shall be granted at any other Time shall be dated on the Day on which the same shall be granted; and all such Licences, whensoever granted, shall have Effect on and after the Day of the Date thereof until the First Day of April then next following, and shall be renewed annually on Payment of the Duty by this Act charged thereon respectively.
XII 
Upon the Death of any Person licensed under this Act before the Expiration of the Licence, it shall be lawful for the Persons authorized to grant Licences to authorize and empower, by Endorsement or otherwise, as the Commissioners of Inland Revenue shall direct, the Executors or Administrators or the Widow or Child of such deceased Person who shall be possessed of and occupy the Dwelling House and Premises before used for such Purpose, to continue the Business for which such Licence was granted; and to sell in the same House and Premises such Articles as by the said Licence are authorized to be sold therein, during the Residue of the Term for which such Licence was originally granted, without taking out any fresh Licence or Payment of any additional Duty thereon, and the Person so authorized and empowered shall then be deemed to be a Person licensed under this Act, and accordingly subject to the Provisions, Conditions, Regulations, and Penalties contained therein.
XIII 
If any Person licensed to keep a Refreshment House shall be desirous of selling Foreign Wine by Retail to be consumed therein, he shall previously to the granting to him for the First Time of a Licence for that Purpose fill up and sign a Requisition for such Licence in such Form as the Commissioners of Inland Revenue shall provide in that Behalf, specifying therein the true Christian and Surname and Place or Places of Abode during the last Six Months of the Applicant, the Description and Situation of the House for which the Licence is required, and the true yearly Rent or annual Value thereof; and such Requisition shall be made in Duplicate, and delivered to the Supervisor of Excise for the District in which such Refreshment House is situated, who shall forthwith deliver or transmit by Post One of such Duplicates, together with a Notice to the Effect herein-after directed, to the Clerk of the Special Sessions in London at the Mansion House of the City of London, if the Refreshment House shall be situated within the said City, or the Liberties thereof, or to the Clerk to the Justices of the Court of Petty Sessions holden for the Division or Place within which such Refreshment House is situated, if situated elsewhere than as aforesaid; and every such Duplicate shall be accompanied by a Notice to the Lord Mayor of the City of London, and such Justices respectively, signed by the said Supervisor, to the Effect that a Licence to retail Wine will be granted, pursuant to such Requisition, on or immediately after a Day to be specified in such Notice, not less distant than Thirty Days from the Day of the Delivery or Transmission of the same, unless in the meantime Notice in Writing, signed by the said Lord Mayor, or by the Alderman of the Ward in which the Refreshment House is situated, or by the said Justices, or a Majority of them present in Petty Sessions, as the Case may be, shall be received by the said Supervisor, to the Effect that the said Lord Mayor, Alderman, or Justices, as the Case may be, doth or do object to the granting of the said Wine Licence, on One or more of the following Grounds, specifying the same, that is to say, that the House for which such Licence is required is not a Confectioner's Shop, or an Eating-house, within the Meaning of this Act, or not of the yearly Rental or annual Value required by this Act, or that it is a disorderly House, or a House frequented by Prostitutes or other disorderly Persons, or that it is adjudged disqualified for the Sale of Wine therein, or that the Applicant is disqualified from selling Wine under the Provisions of this Act, specifying the Grounds of such Disqualification respectively, or that the Applicant has within Three Years been convicted of any Offence punishable by Imprisonment, or that the Applicant having within Three Years held a Licence to keep a Beerhouse, common Inn, Alehouse, or Victualling House, hat, forfeited or been refused a Renewal of such Licence; and if such Notice of Objection shall be received by the said Supervisor within the Time limited as aforesaid the said Licence shall not be granted; but if otherwise, and no such Caveat as herein-after mentioned be received by the said Supervisor, then such Licence shall be granted on Payment of the Duty by this Act charged thereon, provided the Applicant shall be entitled to such Licence under the Provisions of this Act in other respects : Provided always, that no such Notice of Objection shall be signed or sent by the said Lord Mayor, Alderman, or Justices until after they respectively shall have summoned the Applicant for such Licence to show Cause, and shall have heard him against the Objection to the granting thereof, or he shall have refused or neglected to attend before them respectively to show Cause, pursuant to their Summons; and every such Summons shall specify the Grounds of such Objection ; and it shall be lawful for the said Lord Mayor, Alderman, and Justices respectively, pending their Decision upon any such Objection as aforesaid, and before the Expiration of the said Period of Thirty Days, to transmit to the said Supervisor a Notice by way of Caveat against the granting of such Licence, and in that Case the Licence shall not be granted if within the further Period of Thirty Days from the Receipt of such Caveat the Objection to the granting of the Licence shall be affirmed by the said Lord Mayor, Alderman, or Justices, and Notice thereof shall be given to the said Supervisor.
XIV 
Provided always, That every Person intending to apply for a Licence to be granted under the Authority of this Act to retail Wine to be consumed on the Premises in respect of any House, Room, Shop, or Building not theretofore licensed for the Consumption of Wine therein, shall affix or cause to be affixed a Notice on the Door of such House, Room, Shop, or Building, and on the Door of the Church or Chapel of the Parish or Place in which such House shall be situate, and, where there shall be no Church or Chapel, on some other public and conspicuous Place within such Parish or Place, on Three several Sundays previous to his Application for such Licence, at some Time between the Hours of Ten of the Clock in the Forenoon and Four of the Clock in the Afternoon, and shall serve a Copy of such Notice upon One of the Overseers of the Poor, and upon One of the Constables or other Peace Officers of the said Parish or Place, Fourteen Days at the least previous to such Application ; and every such Notice, and the Copies thereof, shall be written in a fair and legible Hand, or printed, and shall be signed by the Party intending to make such Application, or by his Agent thereunto authorized, and shall set forth the Situation of the House, Shop, or Building in a true and particular Manner, and the Christian and Surname of the Party applying, together with the Place of his Residence, and his Trade or Calling during the Six Months previous to the Time of serving such Notice, and his Intention to apply for a Licence to retail Wine to be consumed in such House or Premises.
XV 
Provided always, That it shall be lawful for the said Lord Mayor and Alderman, and for any Two Justices in Petty Sessions respectively, after any such Wine Licence shall have been granted for any Refreshment House within their respective Jurisdictions, but Three Months at least before the Expiration of such Licence, to give Notice to the Holder thereof to appear before them respectively, and show Cause why an Objection (stating the Grounds thereof) should not be lodged against a Renewal of his Licence; and if upon the Hearing the said Lord Mayor or Alderman, or the Justices present in Petty Sessions, or a Majority of them (as the Case may be), shall see just Cause of Objection on One or more of the Grounds mentioned in the preceding Clause, they shall give to the said Supervisor of the District within which the said Refreshment House shall be situated Notice of Objection against the Renewal of such Licence, and shall specify the Grounds of Objection in such Notice ; and on the Expiration of such Wine Licence, after such Notice as aforesaid given to the Supervisor, no Renewal thereof shall be granted, unless the Decision of the said Lord Mayor or Alderman or Justices shall be reversed upon an Appeal against the same, as herein-after allowed; (that is to say) : Provided always, that it shall be lawful for the Holder of the said Licence to appeal against the said Decision of the said Lord Mayor or Alderman .or Justices to the next General or Quarter Sessions of the Peace which shall be holden for the City or County (as the Case may be) after the Expiration of Ten Days from the making of such Decision, upon giving Seven Days previous Notice in Writing to the said Lord Mayor or Alderman or Justices of his Intention so to appeal; and the said Court of Sessions shall hear and finally determine the said Appeal, and upon Notice of such Determination given to the said Supervisor, the said Licence shall be refused or granted conformably therewith.
XVI 
A list or Register of every Licence' granted under the Authority of this Act, specifying the Name and Place of Abode of every Person licensed, and the Name and Description of the House for which such Licence shall be granted, and whether the Licence shall be to keep a Refreshment House or for the Sale of Wine therein, shall be kept at the Office or Dwelling House of every Collector and Supervisor of Excise in their respective Collections and Districts; and such List or Register shall at all Times be produced to and shall be open to the Inspection and Perusal of any Justice of the County or Place where such Licence shall be granted and where such House shall be situate, and a Copy of such List and Register shall, once in every Six Months, be transmitted by every Collector and Supervisor of Excise to the Clerk of the Magistrates for the District in which such Licence shall be granted, and any Copy or Extract of or from such List or Register which shall be at any Time required by the Clerk to the said Justices shall be given to him by such Collector or Supervisor whenever thereto required.
XVII 
In case any Complaint shall be laid before Two Justices of the Peace against any Person licensed to sell Wine by Retail under the Authority of this Act, for any Offence against the Tenor of his Licence or against this Act, it shall be lawful for the said Two Justices (if they shall think fit) to require such Person to produce his Licence before them, for their Examination ; and if such Person shall wilfully neglect or refuse so to do he shall forfeit and pay any Sum not exceeding Five Pounds, as the said Justices shall think proper.
XVIII 
It shall be lawful for all Constables and Officers of Police, when and so often as they shall respectively think proper, to enter into all Houses licensed as Refreshment Houses under the Authority of this Act, and into and upon the Premises belonging thereto; and if any Person licensed to keep a Refreshment House, or any Servant or other Person in his Employ or by his Direction, shall refuse to admit or shall not admit any Constable or Officer of Police demanding Admittance into such Refreshment House or upon such Premises, the Person so licensed shall for the First Offence forfeit and pay any Sum not exceeding Five Pounds, together with the Costs of Conviction, to be recovered before One or more Justices of the Peace, on Information or Complaint made within Seven Days next after the Day on which such Offence was committed ; and it shall be lawful for any Two or more Justices before whom any such Person shall be convicted for the Second Time of any such Offence to adjudge (if they shall so think fit) the Licence or Licences of such Offender in respect of such Refreshment House to be forfeited, and that he shall be disqualified from having any Licence granted to him under this Act in respect of such House for the Space of Two Years, or for such shorter Space of Time as they may think proper to adjudge.
XIX 
Every Person who shall sell any Wine by Retail, whether to be consumed on the Premises or not, without having a proper Licence in force duly authorizing him in that Behalf, shall, over and above any other Penalty to which he may be liable, forfeit the Sum of Twenty Pounds, which shall be denominated an Excise Penalty.
XX 
If any Person, not being duly licensed to sell Wines, shall retail any Wine, either to be consumed in or upon the House or Premises or off the Premises where sold, or if any Person shall sell any Wine to be consumed in or upon the House or Premises where sold without being licensed so to do, such Person shall, in addition to any Excise Penalty to which he may thereby become subject, forfeit the Sum of Five Pounds.
XXI 
All Liquor which shall be sold or offered for Sale by any Person, whether licensed under this Act or not, as being Foreign Wine, or under the Name by which any Foreign Wine is usually designated or known, shall, as against the Person who shall so sell or offer the same for Sale, be deemed and taken to be Foreign Wine; and any fermented Liquor containing a greater Proportion than Forty per Centum of Proof Spirit shall be deemed and taken to be Spirits.
XXII 
Every Person who shall be convicted of Felony or of selling Spirits without Licence shall for ever thereafter be disqualified from selling Wine by Retail, and no Licence to sell Wine by Retail under this Act shall be granted to any Person who shall have been so convicted as aforesaid ; and if any Person shall, after having been so convicted as aforesaid, take out or have any Licence to sell Wine by Retail under this Act, the same shall be void to all Intents and Purposes; and every Person who shall, after being convicted as aforesaid, sell any Wine by Retail in any Manner whatsoever, shall incur the Penalty for so doing without Licence; and in all such Cases, in the Prosecution for the Recovery of such Penalty a Certificate from the Clerk of Assize or the Clerk of the Peace or Person acting as such of any such Conviction as aforesaid shall on the Trial in such Prosecution be legal Evidence thereof.
XXIII 
Every Person licensed to retail Wine under this Act shall, in manner directed by the Laws of Excise in that Behalf, make Entry with the proper Officer of Excise of every, House, Cellar, Room, and Place for storing, keeping, or retailing of Wine, on pain of forfeiting the Penalties imposed by the Statutes in that Behalf for making use of any unentered Room or Place; and all Wine found in any such unentered House, Cellar, Room, or Place shall be forfeited.
XXIV 
It shall be lawful for any Officer of Excise, during the Hours in which any House licensed for the Retail of Wine to be consumed on the Premises may be kept open, to enter into every House, Cellar, Room, or Place entered for the storing, keeping, or retailing of Wine to be consumed as aforesaid, and to make search for and seize all Spirits which may be found in any, such House, Cellar, Room, and Place, and to examine all Wine kept therein.
XXV 
If any Person, licensed to retail Wine under this Act shall receive into or keep or have in his Possession, in any Cellar, Boom, or Place (entered for storing, keeping, or retailing Wine, any Spirits, he shall, in addition to all other Penalties, forfeit the Sum of Fifty Pounds, which shall be denominated an Excise Penalty; and all Spirits found in any such entered Cellar, Room, or Place shall be forfeited; and on Conviction of any such licensed Person in any Penalty for having Spirits in his Possession, or for, selling or retailing Spirits, the Licence of such Person for retailing Wine shall become null and void, and shall be so adjudged.
XXVI 
Every Person licensed under this Act to sell Wine by Retail shall, if required, sell or otherwise dispose of all such Wine (except Wine in Bottle and Quantities less than Half a Pint) by the Gallon, Quart, Pint, or Half Pint Measure, sized or marked according to the Standard, and shall also, if required by any Guest or Customer purchasing such Wine, retail the same in a Vessel sized or marked according to such Standard; and in default thereof he shall for every such Offence forfeit the illegal Measure, and pay a Sum not exceeding Forty Shillings, together with the Costs of the Conviction, to be recovered by Information or Complaint made within Seven Days next after that on which the Offence was committed, before Two Justices of the Peace; and such Penalty shall be over and above all Penalties to which the Offender may be liable under any other Act.
XXVII 
No Person licensed under this Act to sell Wine by Retail shall have or keep his House open for the Sale of Wine, nor shall sell any Wine, nor shall suffer any Wine to be drunk or consumed in or at such House at any Time before the Hour of Five of the Clock in the Morning, nor after Twelve of the Clock at Night, of any Day in the Week, in the Cities of London or Westminster, or within the Boundaries of any of the Boroughs of Marylebone, the Tower Hamlets, Lambeth, or Southwark, as denned by an Act passed in the Second and Third Years of King William the Fourth, Chapter Sixty-four ; nor after Eleven of the Clock at Night within any Parish or Place within the Bills of Mortality, or within any City, Cinque Port, Town Corporate, Parish, or Place, the Population of which, according to the last Parliamentary Census, shall exceed Two thousand five hundred, or within One Mile, to be measured as aforesaid, from any Polling Place used at the last Election for any Town having a like Population, and returning a Member or Members to Parliament, nor after Ten of the Clock at Night elsewhere; nor shall any such House be open for the Sale or Consumption therein of any Article whatever at any Time during which the Houses of Licensed Victuallers now are or hereafter shall be closed on any Sunday, Good Friday, or Christmas Day, or any Day appointed for a Public Fast or Thanksgiving; nor at any Time between the Hours of One and Four of the Clock in the Morning on any Day whatever ; and if any Person licensed as aforesaid shall keep his House open for selling or shall sell any Wine, or suffer any Wine to be drunk or consumed in or at such House, at any other Time than as herein-before prescribed and directed, or shall keep his House open as aforesaid, contrary to any Prohibition in this Clause contained, he shall forfeit the Sum of Forty Shillings for every Offence; and every separate Sale shall be deemed a separate Offence: Provided always, that nothing in this Clause contained shall extend to prevent the Keeper of a Refreshment House, being duly licensed to retail Wine, from selling to any Lodger therein any Wine at any Hour of the Day or Night, either on Sunday or any other Day.
XXVIII 
It shall be lawful for any Two Justices of the Peace acting for any County or Place where any Riot or Tumult shall happen or be expected to take place to order or direct that every Person licensed under the Authority of this Act to sell Wine by Retail in any House within their respective Jurisdiction, in or near the Place where such Riot or Tumult shall happen or be expected to take Place, shall close his House at any Time which the said Justices shall order or direct; and every such Person who shall keep open his House at or after any Hour at which such Justices shall have so ordered or directed such House to be closed shall be taken and deemed to have not maintained good Order and Rule therein, and to be guilty of an Offence against the Tenor of the Licence granted to him.
XXIX 
Every Person licensed under this Act to sell Wine by Retail who shall permit any Person to be guilty of Drunkenness or other disorderly Conduct in the House or Premises mentioned in such Licence, or who shall himself be guilty of any such disorderly Conduct, shall for every such Offence forfeit the respective Sums following; and every Person who shall transgress or neglect or shall be a Party in transgressing or neglecting the Conditions and Provisions specified in such Licence, or shall allow such Conditions or Provisions to be in any way transgressed or neglected in the said House or Premises, shall be deemed guilty of disorderly Conduct; and every Person so licensed who shall permit or be guilty of any such disorderly Conduct shall for the First Offence forfeit any such Sum, not less than Forty Shillings nor more than Five Pounds, as the Justices before whom he shall be convicted of such Offence shall adjudge, and for the Second Offence any Sum not less than Five Pounds nor more than Ten Pounds, and for the Third such Offence any Sum not less than Twenty Pounds nor more than Fifty Pounds; and it shall be lawful for the Justices before whom any such Conviction for any such Second or Third Offence shall take place to adjudge, if they shall so think fit, that such Offender shall be disqualified from selling Wine by Retail for any Term not exceeding Five Years next ensuing such Conviction ; and if any Person so licensed as aforesaid shall mix or cause to be mixed any Spirits or any Drugs or other pernicious Ingredients with any Wine sold in his House or Premises, or shall fraudulently dilute or in anyways adulterate any such Wine, or shall sell or offer for Sale any Wine which, to the Knowledge of such Person, has been so mixed, diluted, or adulterated, he shall for the First Offence forfeit any Sum not less than Ten Pounds nor more than Twenty Pounds, as the Justices before whom he shall be convicted of such Offence shall adjudge, and for the Second such Offence he shall be disqualified from selling Wine by Retail for the Term of Five Years, or forfeit any Sum of Money not less than Twenty Pounds nor more than Fifty Pounds, at the Discretion of the Justices before whom he shall be adjudged guilty of such Second Offence ; and if any Offender convicted of such Second Offence as last aforesaid shall during such Term of Five Years sell any Wine by Retail, either in the House and Premises mentioned in his Licence or in any other Place, he shall forfeit any Sum not less than Twenty-five Pounds nor more than Fifty Pounds, and shall be subject to a like Penalty at any and every House or Place where he shall commit such Offence.
XXX 
All Penalties under this Act, except those denominated Excise Penalties, shall be recovered upon the Information or Complaint of a Constable or other Peace Officer before Two Justices acting in Petty Sessions, and shall be prosecuted and proceeded for within Three Calendar Months next after the Commission of the Offence in respect of which such Penalty shall be incurred, or within such shorter Time as may be herein limited with regard to any particular Penalty; and every Person licensed under this Act to retail Wine, to be consumed on the Premises, who shall be convicted before Two Justices so acting in and for the Division or Place in which shall be situate the House kept or theretofore kept by such Person, of any Offence against the Tenor of the Licence to him granted under this Act, or of any Offence for which any Penalty is imposed by this Act, shall, unless Proof be adduced to the Satisfaction of such Justices that such Person had been theretofore convicted within the Space of Twelve Calendar Months next preceding of some Offence against the Tenor of his Licence or against this Act, be adjudged to be guilty of a First Offence against the Provisions of this Act, and to forfeit and pay any Penalty by this Act imposed for such Offence, or if no specific Penalty be so imposed then any Sum not exceeding Five Pounds, together with the Costs of the Conviction ; and if such Proof as aforesaid shall be adduced that such Person had been previously convicted within the Space of Twelve Calendar Months next preceding of One such Offence only, such Person shall be adjudged to be guilty of a Second Offence against the Provisions of this Act, and to forfeit and pay any Penalty by this Act imposed for such Offence, or if no specific Penalty be so imposed then any Sum not exceeding Ten Pounds, together with the Costs of the Conviction ; and if such Proof as aforesaid shall be adduced that such Person had been previously convicted within the Space of Eighteen Calendar Months next preceding of Two such separate Offences, and if Proof shall be adduced to the Satisfaction of the Justices that such Person so charged is guilty of the Offence charged against him, such Person shall be adjudged to be guilty of a Third Offence against the Provisions of this Act, and to forfeit any Penalty imposed by this Act in respect of such Offence, or if no such specific Penalty shall be so imposed then to forfeit and pay the Sum of Fifty Pounds, together with the Costs of the Conviction.
XXXI 
It shall be lawful for the Justices before whom any Person holding a Licence under this Act for the Sale of Wine by Retail shall be convicted of any Offence against the Tenor of the said Licence, or for which any Penalty is imposed by this Act, if Proof shall be adduced to their Satisfaction that within Two Years last preceding such Conviction Two Convictions for any such Offence of the same Person, or of any other Person licensed in respect of the same House or Premises, have taken place, to declare the Licence granted in respect of the said House or Premises forfeited and void, and to adjudge that no Licence for the Sale of Wine shall be granted to any Person whatever in respect of the said House or Premises for the Term of Three Years from the Date of such Adjudication, of which Adjudication the Justices shall give Notice to the Supervisor of Excise; and any Licence for the Sale of Wine that may be granted in respect of the said House or Premises during the said Term of Three Years shall be null and void.
XXXII 
Every Person licensed to keep a Refreshment House under this Act who shall (without a Licence for that Purpose) sell or permit or suffer to be sold within such Refreshment House any intoxicating Liquor, or shall knowingly suffer any unlawful Games or Gaming therein, or knowingly suffer Prostitutes, Thieves, or drunken and disorderly Persons to assemble at or continue in or upon his Premises, or do, suffer, or permit any Act in contravention of his Licence, shall, upon Conviction thereof before Two Justices, pay for the First Offence a Fine not exceeding Forty Shillings, for the Second Offence a Fine not exceeding Five Pounds, and for every subsequent Offence a Fine not exceeding Twenty Pounds, or be subject to a Forfeiture of his Licence, at the Discretion of the Justices before whom he shall be convicted ; and in case of such Forfeiture of his Licence, such Person shall be disqualified for the Space of One Year then next ensuing from obtaining a fresh Licence; and such fresh Licence, if obtained within the said Year, shall be absolutely null and void to all Intents and Purposes.
XXXIII 
It shall be lawful for the Justices before whom any Person shall be convicted of any Offence against this Act to mitigate, if they shall see Cause, any Penalty incurred for such Offence ; provided that where any Conviction shall take place on any Information exhibited under the Laws of Excise such Penalty shall not be mitigated to any Sum less than One Fourth Part thereof.
XXXIV 
Provided always, That it shall be lawful for the Party convicted of any such Second or Third Offence to appeal to the General or Quarter, Sessions of the Peace then next ensuing, unless such Sessions shall be held within Twelve Days next after such Conviction, and in that Case to the then next subsequent Sessions; and in such Case the Party so convicted shall, before the convicting Justices, forthwith enter into a Recognizance, with Two sufficient Sureties, personally to appear at such General or Quarter Sessions, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall be by the Court awarded, which Recognizances such Justices are hereby authorized to require and take, or in failure of the Party convicted entering into such Recognizance the Conviction shall remain good and valid to all Intents and Purposes ; and the said Justices who shall take such Recognizance from the .Party convicted are also hereby required to bind the Person who shall make such Charge in a Recognizance to appear at such General or Quarter Sessions as aforesaid, then and there to give Evidence against the Person so charged, and in like Manner to bind any other Person who shall have any Knowledge of the Circumstances of such Offence; and it shall be lawful for such Court of General or Quarter Sessions to adjudge such Person to be guilty of any such Second or Third Offence against the Provisions of this Act, as the Case may be, and such Adjudication shall be final to all Intents and Purposes ; and it shall be lawful for such Court of General or Quarter Sessions to punish such Offender by Fine not exceeding the Sum of One hundred Pounds, together with the Costs of such Appeal, or to adjudge the Licence granted to and held by or on behalf of such Offender to be forfeited and void, or to adjudge that no Wine shall be sold by Retail in the House or Premises mentioned in the Licence of such Offender for the Term of Two Years from the Date of such Adjudication, or to punish such Offender by such Fine as aforesaid, and to adjudge such Premises to be disqualified for the Sale of Wine as aforesaid, and such Licence to be forfeited and void, and if such Licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and whenever in such Case or in any other Case the Licence of such Offender shall be adjudged to be void, such Offender shall from and after such Adjudication be deemed and taken to be incapable of selling Wine by Retail in any House kept by him for the Space of Two Years, to be computed from the Time of such Adjudication, and any Licence granted to such Person during such Term shall be void to all Intents and Purposes.
XXXV 
Whenever it shall happen that any Appeal in pursuance of this Act shall be dismissed, or that the Judgment appealed against shall be affirmed, or that such Appeal shall be abandoned, it shall be lawful for the Court to which such Appeal shall have been made or intended to have been made, and such Court is hereby required, to adjudge and order that the Party so having appealed, or having entered into such Recognizance, shall pay to the Justices against whose Judgment such Appeal shall have been made or intended to be made, or to whomsoever they shall appoint, such Sum by way of Costs as shall in the Opinion of such Court be sufficient to indemnify such Justices from all Costs and Charges whatsoever to which such Justices may have been put in consequence of the Intention or declared Intention of such Party to appeal; and if such Party shall refuse or neglect to pay forthwith such Sum, it shall be lawful for the said Court to adjudge and order that the Party so refusing or neglecting shall be committed to the Common Gaol or House of Correction, there to remain until such Sum be paid, or for any Time not exceeding Six Calendar Months, unless such Sum be sooner paid; and in every Case in which the Judgment so appealed against shall be reversed it shall be lawful for such Court (if it shall think fit) to adjudge and order that the Treasurer of the County or Place in and for which such Justices whose Judgment shall have been so reversed shall have acted on the Occasion when they shall have given such Judgment shall pay to such Justices, or to whomsoever they shall appoint, such Sum as shall in the Opinion of such Court be sufficient to indemnify such Justices from all Costs and Charges whatsoever to which they may have been so put; and the said Treasurer is hereby authorized to pay the same, which shall be allowed to him in his Accounts.
XXXVI 
In every Case in which any Appeal shall be made by any Person convicted of any Offence under the Provisions of this Act to the General or Quarter Sessions it shall be lawful for the convicting Justices, if no other fit and proper Person shall appear to prosecute such Charge, and to carry on such Proceedings as may be necessary to obtain at such Session an Adjudication thereon, to order that a Constable of the City of London Police Force within the City of London and Liberties thereof, or a Constable of the Metropolitan Police Force within the Metropolitan Police District, or if elsewhere the Superintendent or Inspector of Police of the District, or the Constable or other Peace Officer of the Parish or Place in which the House: kept by the Person charged shall be situate, as to the said Justices shall seem fit, shall carry on all Proceedings necessary to obtain such Adjudication as aforesaid, and to bind any such Constable, or the said Superintendent or Inspector of Police, or other Peace Officer, in a sufficient Recognizance so to do ; and it shall be lawful for the Justices before whom such Offender shall have been convicted to order the Treasurer of the County or Place in and for which such Justices shall then act to pay to such Constable, Superintendent, Inspector, or other Peace Officer, and to the Witnesses on his Behalf, such Sum or Sums of Money as to the Court shall appear to be sufficient to reimburse them respectively the Expenses which they shall have been severally put to in and about such Prosecution, which Order the Clerk of the Peace is hereby directed and required forthwith to make out, and to deliver to such Constable, Superintendent, Inspector, or other Peace Officer and Witnesses respectively; and the said Treasurer is hereby authorized and required, upon Sight of such Order, forthwith to pay to the Person authorized to receive the same such Money as aforesaid, and the said Treasurer shall be allowed the same in his Accounts.
XXXVII 
It shall be lawful for the said Lord Mayor or Alderman, and for the Justices of the Peace before whom respectively any Question shall be depending touching any Objection against the granting or renewing of a Licence under the Provisions of this Act, to summon Witnesses on behalf of either Party to such Question, and to examine all such Witnesses on Oath, and to do and perform all Things necessary for the due and proper Hearing and Determination of such Question, and also to order Payment of Fees, Allowances, and reasonable Expenses to their Clerks, and to all Witnesses, Constables, and other Persons by whom any Duties shall have been performed or Expenses or Loss of Time incurred respectively under this Act; and the Amount of such Fees, Allowances, and Expenses shall be ascertained according to the Tables of Fees and Allowances for the Time being in force in the County, City, or Borough respectively within which the Refreshment House in question shall be situate ; and the Order for Payment may be made at the Discretion of the said Lord Mayor, Alderman, or Justices, either wholly or partially, on the Applicant or on the Objector, or, if the Equity of the Case shall seem so to require, then on the Treasurer of the County, City, or Borough aforesaid, who shall be reimbursed, out of the County or Borough Rate ; and the Provisions of the Act passed in the Eleventh and Twelfth Years of the Reign of Her Majesty, Chapter Forty-three, for the Recovery of Costs ordered by Justices in Petty Sessions to be paid, shall apply to all Costs, Allowances, and Expenses ordered to be paid under this Act.
XXXVIII 
Any Person summoned as a Witness to give Evidence before the said Lord Mayor or Alderman, or any; Justices or Sessions, touching any Matters arising under this Act, either on the Part of the Complainant or of the Person accused, or of any Person interested in any such Matter, who shall neglect or refuse to -appear at the Time and Place for that Purpose appointed, and who shall not make such reasonable Excuse for such Neglect or Refusal as shall be admitted and allowed by such Lord Mayor or Alderman or Justices or Sessions; or who appearing shall refuse to be examined on Oath or Affirmation and give Evidence, shall, on Conviction, forfeit and pay any Sum not exceeding Ten Pounds for every such Offence.
XXXIX 
Every Person licensed to sell Wine, Spirits, Beer, Cider, or any other fermented or distilled Liquors by Retail, to be drunk or consumed on the Premises, who knowingly harbours or entertains, or suffers to remain in the Place wherein he carries on his Business, any Constable during any Part of the Time appointed for his being on Duty, unless for the Purpose of quelling any Disturbance or restoring Order, shall for every such Offence be liable to a Penalty not exceeding Twenty Shillings.
XL 
Every Person found drunk in any Street or public Thoroughfare, and who while drunk is guilty of any riotous or indecent Behaviour, shall, upon summary Conviction of such Offence before Two Justices, be liable to a Penalty of not more than Forty Shillings for every such Offence, or may be committed, if the Justices or Magistrate before whom he is convicted think fit, instead of inflicting on him any pecuniary Penalty, to the House of Correction for any Time not more than Seven Days.
XLI 
Any Person who shall be drunk, riotous, quarrelsome, or disorderly in any Shop, House, Premises, or Place licensed for the Sale of Beer, Wine, or Spirituous Liquors by Retail to be consumed on the Premises, or for Refreshment, Resort, and Entertainment under the Provisions of this Act, and. shall refuse or neglect to quit such Shop, House, Premises, or Place upon being requested so to do by the. Manager or Occupier, or his Agent or Servant, or by any Constable, shall, on Conviction thereof before One Justice, be liable to pay a Fine not exceeding Forty Shillings; and all Constables are hereby authorized, empowered, and required, on the Demand of such Manager, Occupier, Agent, or Servant, to assist in expelling such drunken, riotous, quarrelsome, and disorderly Persons from such Shops, Houses, Premises, and Places.
XLII 
And with regard to all Penalties incurred under this Act, except the Penalties herein denominated Excise Penalties, all the Provisions contained in the Act passed in the Eleventh and Twelfth Years of Her Majesty, Chapter Forty-three, relating to Proceedings for the Recovery of Penalties by summary Conviction, and to Appeals against such Convictions, and the levying and enforcing of Penalties, and the Costs of such, Proceedings, shall be applied and put in force in relation to the Penalties by this Act imposed.
XLIII 
The Penalties imposed by this Act denominated Excise Penalties shall be recovered, levied, mitigated, and applied by the same Ways, Means, and Methods, and in like Manner, as Penalties may be recovered, levied, mitigated, and applied under the Laws of Excise in that Behalf.
XLIV 
Provided always, That any Covenant or Clause of Restriction contained in any Lease or Contract between a Landlord and Tenant, whereby the Trade or Business of a Vintner is prohibited from being carried on in any House, Building, or Place mentioned or comprised in such Lease or Contract, or whereby any such House, Building, or Place is prohibited from being used as a Public House, shall be construed to apply and extend to every Person who shall be licensed to sell Wine to be consumed on the Premises under the Provisions of this Act, and to any House specified in the Licence granted to such Person.
XLV 
Nothing in this Act contained shall extend to alter or in any Manner to affect any of the Rights or Privileges of the Universities of Oxford or Cambridge, or the Powers of the Chancellors or Vice-Chancellors of the same, as by Law possessed under the respective Charters of the said Universities or otherwise, or the Master, Wardens, Freemen, and Commonalty of the Vintners of the City of London, except as to those Freemen of the said Company of Vintners who have, obtained the same by Redemption only, or the Mayor or Burgesses of the Borough of St. Albans in the County of Hertford, or their Successors.
XLVI 
This Act shall not extend to Scotland or Ireland.
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