Licensing Act 1872

1. Introductory Text

2. Preliminary

   1. 1. Short title.

   2. 2. Extent of Act.

3. Illicit Sales

   1. 3. Prohibition of sale of intoxicating liquors without license.

   2. 4. Occupier of unlicensed premises liable for sale of liquor.

   3. 5. Seller liable for drinking on premises contrary to license.

   4. 6. Evasion of law as to drinking on premises contrary to license.

   5. 7. Sale of spirits to children.

   6. 8. Sale to be by standard measure.

   7. 9. Penalty on internal communication between licensed premises and house of public resort.

   8. 10. Penalty on illicit storing of liquor.

   9. 11. Names of licensed persons to be affixed to premises.

4. Offences against Public Order

   1. 12. Penalty on persons found drunk.

   2. 13. Penalty for permitting drunkenness.

   3. 14. Penalty for keeping disorderly house.

   4. 15. Penalty for permitting premises to be a brothel.

   5. 16. Penalty for harbouring constable.

   6. 17. Penalty for permitting gaming.

   7. 18. Power to exclude drunkards from licensed premises.

5. Adulteration

   1. 19. Penalty on adulteration of intoxicating liquor.

   2. 20. Possession of adulterated liquor or deleterious ingredients.

   3. 21. Schedule of deleterious ingredients.

   4. 22. Analysis of intoxicating liquor.

6. Closing Licensed Premises in case of Riot

   1. 23. Power of justices to close licensed premises in case of riot.

7. Closing of Premises

   1. 24. Times of closing.

   2. 25. Penalty on person found on premises during closing hours.

   3. 26. Exemption from closing by order of local authority in respect of certain trades.

   4. 27. Intoxicating liquors not to be drunk at refreshment house during the hours when the house would he closed if it were an inn.

   5. 28. Amendment of law as to refreshment houses.

   6. 29. Local authority may grant occasional licenses exempting from provisions relating to closing during certain hours.

8. Repeated Convictions

   1. 30. Forfeiture of license on repeated convictions.

   2. 31. Disqualification of premises.

   3. 32. Conviction after five years not to increase penalty.

   4. 33. Omission to record conviction on license.

   5. 34. Penalty for defacing record of conviction on license.

9. Entry on Premises

   1. 35. Entry on premises by constables.

10. Registers

    1. 36. Register of licenses to be kept in licensing district.

11. Amendment of Law as to Grant of Licenses

    1. 37. Licensing committee of justices in counties.

    2. 38. Licensing committee of justices in boroughs.

    3. 39. Stipendiary magistrates may act as licensing justices.

    4. 40. Regulations as to new licenses and transfer of licenses.

    5. 41. Amendment of 5 & 6 Vict. c.44, with respect to licenses wilfully withheld.

    6. 42. Provisions as to renewal of licenses.

    7. 43. Confirmation of licenses.

    8. 44. Disqualifications for licenses.

    9. 45. Qualification of premises for licenses.

    10. 46. Annual value necessary for obtaining grant of license.

    11. 47. Mode of ascertaining annual value.

    12. 48. Regulations as to form of licenses.

    13. 49. Provisions as to six-day licenses.

    14. 50. Licenses may be removed from one part of a district to another, &c.

12. Legal Proceedings

    1. 51. Summary proceedings for offences under this Act, &c.

    2. 52. Appeal to quarter sessions.

    3. 53. Continuance of license during pendency of appeal against justices refusal to renew.

    4. 54. Conviction, &c. not to be quashed for want of form, or removed by certiorari.

    5. 55. As to record of convictions of licensed persons for offences under Act.

    6. 56. For protection of owners of licensed premises in cases of offences committed by tenants.

    7. 57. As to conviction of licensed persons of more than one offence on same day.

    8. 58. Evidence of endorsements and register.

    9. 59. Saving for indictments, &c. under other Acts.

13. Miscellaneous

    1. 60. Disqualification of justices to act under this Act.

    2. 61. Extension of jurisdiction of justices over river or water, &c.

    3. 62. Evidence of sale or consumption of intoxicating liquor.

    4. 63. Avoidance of excise license on forfeiture of license.

    5. 64. Production of license by holder, and penalty on non-production.

    6. 65. Population to be according to last census.

    7. 66. Moiety of penalties may be awarded to police superannuation fund.

    8. 67. Limit of mitigation of penalties.

    9. 68. Regulations as to retail licenses of wholesale dealers.

    10. 69. Licenses for sale of liqueurs, &c. by retail not to be consumed on the premises.

    11. 70. Notices may be served by pest.

    12. 71. Schedules to be part of Act.

14. Saving Clauses

    1. 72. Saving of certain privileges, rights, &c.

    2. 73. License as denned by this Act not required for certain retail sales.

15. Definitions

    1. 74. Interpretation of terms, &c.

16. Repeal

    1. 75. Repeal of Acts mentioned in second schedule.

17. Application of certain of the preceding Provisions of this Act to Ireland

    1. 76. Mode of reference to particular provisions of Act.

    2. 77. Application to Ireland of certain provisions of the Act, with modifications.

    3. 78. Closing of premises at certain hours on Sunday, Christmas Day, Good Friday, &c.

    4. 79. Recovery and application of penalties.

    5. 80. Repeal of section 4 of 34 & 35 Vict. c. 38.

    6. 81. Interpretation of "spirit grocer," "excise license," &c, as applying to Ireland.

    7. 82. No renewal of license to be granted to spirit grocers without certificate of justices.

    8. 83. Penalty on spirit grocer if liquor drunk on or near to the premises.

    9. 84. Penalty on evasion of law as to drinking on premises of spirit grocer.

    10. 85. Penalty on internal communication between premises of spirit grocer and house of public resort.

    11. 86. Limitation of hours during which spirit grocers may sell intoxicating liquors.

    12. 87. Justices and constables may enter premises of spirit grocer during prohibited hours.

    13. 88. Provisions as to repeated convictions to apply to spirit grocers, &c.

    14. 89. Application of provisions as to legal proceedings, penalties, &c.

    15. 90. No license to be granted to disqualified persons or for disqualified premises.

18. SCHEDULES to which this Act refers.

    1. FIRST SCHEDULE

       Deleterious Ingredients

    2. SECOND SCHEDULE