Refreshment Houses Act 1860

1. Introductory Text

2. I. From and after 1st July 1860, certain Duties to be charged for Licences herein mentioned.

3. II. Powers and Provisions of Excise Acts to apply to the Duties granted by this Act.

4. III. Every Person keeping a Shop entitled to take out a Licence to retail Wine not to be consumed on the Premises.

5. IV. What shall be deemed selling by Retail.

6. V. Permitting drinking Wine in a neighbouring House, Shed, &c, with Intent to evade the Provisions of this Act, to be deemed drinking on the Premises, Penalty.

7. VI. Persons keeping Houses, &c. herein named required to take out Licences.

8. VII. Confectioners and Eating-house Keepers entitled to take out Licences to sell Wine to be drunk on the Premises.

9. VIII. Wine Licences not to be granted for Refreshment Houses under a certain Rent or annual Value. Persons disqualified to hold Wine Licences.

10. IX. Penalty for keeping a Refreshment House without Licence, 20l.

11. X. By whom Licences under this Act shall be granted. Forms of Licences as in Schedule to this Act.

12. XI. Licences: Date, Expiration, mid Renewal thereof.

13. XII. On Death of a licensed Person, his Representative, or Widow or Child, may be authorized to continue the Business for which the Licence was granted, for the Remainder of the Term thereof.

14. XIII. Notice of First Application for a Wine Licence for a Refreshment House to be given to Justices, who may object to the granting thereof on Grounds to be stated. No Notice of Objection to be signed, &c. until the Applicant has been heard against the same.

15. XIV. Notice to be given of Application for Licence to retail Wine to be consumed on the Premises in a House not previously licensed.

16. XV. Justices may object to the Renewal of a Wine Licence if they shall see just Cause of Objection.

17. XVI. A List of Licences to be kept by Collectors and Supervisors for Inspection of the Justices, and Copies of the List to be transmitted to the Justices Clerk.

18. XVII. In case of Complaint Licensed Retailers of Wine to produce their Licences on Requisition of Two Justices.

19. XVIII. Constables and Police Officers empowered to visit licensed Refreshment Houses. Penalty for refusing them Admittance. Licence to be forfeited on Second Conviction if Justices think fit.

20. XIX. Penalty for selling Wine by Retail without Licence.

21. XX. Additional Penalty on unlicensed Persons selling Wine.

22. XXI. What shall, be deemed Foreign Wine, and what shall be deemed Spirits.

23. XXII. Licences to be void on Conviction of Felony or selling Spirits without Licence.

24. XXIII. Licensed Retailers of Wine to make Entry of Houses, &c. with the Excise.

25. XXIV. Excise Officers empowered to enter the Premises of licensed Retailers of Wine.

26. XXV. Penalty on Persons licensed to retail Wine having Spirits in their entered Premises.

27. XXVI. Standard Measures to be used in the Sale of Wine.

28. XXVII. Limitation of Hours for opening and closing Houses licensed for the Sale of Wine by Retail. Exception in favour of Lodgers.

29. XXVIII. Houses licensed for the Sale of Wine to be closed by Order of Justices in Cases of Riot, &c.

30. XXIX. Penalty on Retailers of Wine permitting Drunkenness, &c. in their Houses: First Offence: Second Offence: Third Offence. Penalty for mixing Spirits or Drugs in Wine or adulterating Wine: First Offence: Second Offence. Penalty on selling Wine after Conviction of Second Offence.

31. XXX. Penalties other than Excise Penalties recoverable before Two Justices in Petty Sessions, within Three Months after Offence committed. Second Offence. Third Offence.

32. XXXI. Justices may adjudge Premises disqualified for Sale of Wine on Proof that within Two Years last preceding such Third Conviction, Two Convictions have taken place.

33. XXXII. Penalties for Offences in Refreshment Houses.

34. XXXIII. Power to Justices to mitigate Penalties.

35. XXXIV. Appeal to the Sessions against a Second or Third Conviction.

36. XXXV. Court to adjudge Costs of Appeal in certain Cases.

37. XXXVI. Proceedings on Appeal to be carried on by the Constable, and the Expenses of Prosecution to be charged on County Rates.

38. XXXVII. Power to Lord Mayor, Alderman, or Justices of the Peace to summon Witnesses and examine them on Oath.

39. XXXVIII. Penalty on Witnesses refusing to attend or to give Evidence.

40. XXXIX. Penalty for harbouring Constables while on Duty.

41. XL. Penalty on Drunkards guilty of riotous or indecent Behaviour.

42. XLI. Penalty on drunken and disorderly Persons refusing to quit licensed Houses on Request.

43. XLII. Provisions of 11 & 12 Vict. c.43 to be applied in the Recovery of Penalties under this Act.

44. XLIII. How Excise Penalties under this Act are to be recovered, &c.

45. XLIV. Covenants against Houses, &c. being used as Public Houses to extend to Persons licensed to sell Wine under this Act.

46. XLV. Act not to affect the Two Universities, or the Vintners Company in London, or the Borough of St. Albans.

47. XLVI. Extent of Act.

48. 1. No. 1

    2. No. 2

    3. No. 3