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Licensing Act 1872

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This is the original version (as it was originally enacted).

77The preceding provisions of this Act with respect to—

(1)Illicit sales ;

(2)Offences against public order ;

(3)Adulteration;

(4)Repeated convictions;

(5)Entry on premises ;

(6)Six day licenses ;

(7)Legal proceedings ;

(8)Miscellaneous ; and

(9)Saving clauses,

shall extend to Ireland, with the modifications following :—

"Intoxicating liquor" shall mean spirits, wine, beer, porter, cyder, 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:

" License " shall mean a certificate of justices under the provisions of the Act passed in the session of Parliament held in the third and fourth years of the reign of His late Majesty King "William the Fourth, chapter sixty-eight, or of the Act passed in the session of Parliament held in the seventeenth and eighteenth years of the reign of Her present Majesty, chapter eighty-nine, and any Act amending the same, and shall include a certificate under " The Beerhouses (Ireland) Act, 1864," as amended by "The Beerhouses (Ireland) Act, 1864, Amendment Act, 1871," and any Act amending the same :

" Intoxicating Liquor Licensing Acts" shall include the Acts authorising the grant of a license as defined by this section, and of an excise license as herein-after in this Act defined, and any Act or Acts amending the same : " Licensing justices " shall mean the justices or authority having jurisdiction in respect of the grant of a license as defined by this section:

" Licensed person" shall mean a person holding a license as defined in this section, which license is in force:

" Premises " shall include house or place as defined by section twelve of the Act passed in the session of Parliament held in the seventeenth and eighteenth years of the reign of Her present Majesty, chapter eighty-nine :

" Licensed premises " shall mean premises in respect of which a license as defined by this section has been granted and is in force:

" Unlicensed premises " shall mean premises in respect of which a license as defined by this section has not been granted or is not in force:

" Sale by retail" in respect of any intoxicating liquor means the sale of that liquor in such quantity as is declared to be sale by retail by any Acts relating to the sale of intoxicating liquors:

" Owner of licensed premises " shall mean the person for the time being entitled to receive on his own account, either as mortgagee or other incumbrancer, in possession of the rackrent of such premises :

" Order in Council" or " Order of Her Majesty in Council" shall mean any order made by the Lord Lieutenant of Ireland or the lords justices or other chief governor or governors of Ireland for the time being, by and with the advice of Her Majesty's Privy Council in Ireland:

The powers which may be exercised by Her Majesty may be exercised as to Ireland by the Lord Lieutenant or the lords justices or other chief governor or governors of Ireland for the time being :

The term " Dublin Gazette " shall be substituted for the term

London Gazette :The term " county " shall extend to and include county of a city, county of a town, county of a town and city, city, and county : The term " register of licenses," except in the police district of Dublin metropolis, shall mean the list or register directed to be kept by section eleven of the Act passed in the session of Parliament held in the third and fourth years of the reign of His late Majesty King "William the Fourth, chapter sixty-eight ; and in the police district of Dublin metropolis a list or register to be formed by such person as may be directed by the chief magistrate of the said district in like manner in every respect, and containing the like particulars in relation to the said district and the persons licensed therein, as the list or register directed to be kept elsewhere by the said section of the said Act; and all the provisions of the said section shall, so far as the same are applicable, apply to such list or register within the said district, and the same shall be kept at the head police office of such district:

The term "clerk to the licensing justices" in relation to the police district of Dublin metropolis shall mean the person who keeps the register of licenses in such district, and elsewhere in any county or borough shall mean the clerk of the peace for such county or borough :

The term " police authority " shall mean,—

In the police district of Dublin metropolis either of the commissioners of police for the said district, and

Elsewhere in Ireland, in any other police district, the sub-inspector of the Royal Irish Constabulary :

The term " superintendent of police " shall mean,—

In the police district of Dublin metropolis any superintendent, inspector, acting inspector, or sergeant of Dublin metropolitan police, and Elsewhere in Ireland, in any other police district, any sub-inspector or head constable of the Royal Irish Constabulary :

The term " constable "—

In the police district of Dublin metropolis shall mean constable of the Dublin metropolitan police, and

Elsewhere in Ireland, any constable or sub-constable of the Royal Irish Constabulary:

The term " special session " shall mean " petty sessions :" The term "Summary Jurisdiction Act, 1848," shall mean, as regards the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, and elsewhere in Ireland the Act passed in the session holden in the fourteenth and fifteenth years of the reign of Her Majesty Queen Victoria, chapter ninety-three, intituled " An Act " to consolidate and amend the Acts regulating the proceedings " of petty sessions, and the duties of justices of the peace " out of quarter sessions, in Ireland," and any Acts amending the same:

The term " court of summary jurisdiction" shall mean any justice or justices of the peace or other magistrate to whom jurisdiction is given by the Summary Jurisdiction Act, 1848 ; and when hearing and determining any information or complaint under this Act, the said court shall be constituted in manner prescribed by the said first-mentioned Act:

The expression "court of quarter sessions for the county or place in which the cause of appeal has arisen " shall mean the court of quarter sessions of the division of the county or the court of the recorder of the borough (if there be a recorder in such borough) in which the cause of appeal has arisen, and if the cause of appeal has arisen within the police district of Dublin metropolis the court of the recorder of the city of Dublin :

The term " one of Her Majesty's Superior Courts at Dublin " shall be substituted for the term

one of Her Majesty's Superior Courts at Westminster.Provided always, that a license, as defined by this section, shall not be required for the sale of intoxicating liquor by retail in pursuance of a retail license granted by the Commissioners of Inland Revenue, in any case which, previous to the passing of this Act, such first-mentioned license was not required.

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