Beerhouse Act of 1830

The following transcription was prepared for the appendix of Stiff Shackles and Loose Pulleys: The Beerhouses and Inns of Meltham.


1830 BEERHOUSE ACT

21 May 1830

A BILL

[AS AMENDED BY THE COMMITTEE]

To permit the general Sale of Beer by Retail in England.

Whereas it is expedient, for the better supplying the Public with Beer in England, to give greater facilities for the Sale thereof than are at present afforded by Licenses to Keepers of Inns, Alehouses and Victualling Houses; be it therefore enacted, by The KING’S most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT from and after the Tenth day of October one thousand eight hundred and thirty, it shall and may be lawful for any and every person who shall obtain a license for that purpose under the provisions of this Act, to sell Beer, Ale and Porter by retail in any part of England, in any house or premises specified in such license, any thing in any Act or Acts heretofore made or in force at the time of the passing of this Act to the contrary in anywise notwithstanding.

And be it further Enacted, That it shall be lawful for every and any person (other than and except such persons as are hereafter specially excepted) who shall be desirous of selling Beer, Ale and Porter by retail under the provisions of this Act, to apply for and to obtain an Excise license for that purpose; and in every application for such license there shall be specified set forth and inserted the Christian name and surname of the party applying for such license, and a description of the house or premises in which Beer, Ale and Porter is intended to be sold by retail by such person, together with the Christian names and surnames, and the occupation and residence of the person or persons who shall be proposed as surety or sureties for the party so to be licensed and any and every such license which shall be taken out within the limits of the chief office of Excise in London, shall be granted under the hands and seals of two or more of the Commissioners of Excise for the time being, or of such persons as they the said Commissioners of Excise, or the major part of them for the time being, shall from time to time authorize employ or direct for that purpose; and any and every such license which shall be taken out in any part England, not within the said limits, shall be granted under the respective hands and seals of the several collectors and supervisors of Excise within their respective collections and districts; and it shall be lawful for the said Commissioners of Excise, or any two or more of them respectively, and for the person to be authorized employed or directed by the said Commissioners, or the major part of them, and also for all such collectors and supervisors, and they are hereby respectively authorized and required, within Ten days after the application shall have been made for the same, and upon execution by the party, and his surety or sureties of the bond hereinafter mentioned, and any time after upon the execution of such bond, to grant such license to the persons who shall apply for the same, the person so applying first paying for such license a duty of Two pounds two shillings, to be applied and accounted for as hereinafter directed; and every such license shall be dated on the day when the same shall be granted, and shall expire at the end of Twelve calendar months after the day on which such license shall be dated; and every such license shall be according to the form in the Schedule annexed to this Act, and shall be duly registered in the proper department of the Excise: Provided always. That no such license shall authorize or entitle the party licensed to receive any license to sell or retail Wine or Spirits, any thing in any Act or Acts of Parliament to the contrary thereof notwithstanding; and that no such license shall be granted to any person being a sheriff's officer, or officer executing the legal process of any court of justice, nor to any person not being a householder, and that any license granted to any such person shall be void to all intents and purposes; and a list or register of every license so granted, specifying the name and place of abode of every person licensed, and of his sureties respectively, and the name and description of the houses mentioned in such license, shall be kept at the Excise Office with respect to all licenses granted by the Commissioners of Excise, or any person authorized by them, and at the office or dwelling-houses of every collector and supervisor of Excise in their and his 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 magistrate of the county or place where such license shall be granted, and where such house shall be situate.

And be it further Enacted, That the Duty by this Act imposed on licenses to-sell Beer by retail shall be under the management of the Commissioners of Excise for the time being, and shall and may be respectively raised, levied, collected, answered, paid and recovered in such and the like manner, and in or by any or either of the general or special means ways or methods by which any other duties of Excise on licenses are or may be raised, levied, collected, answered paid or recovered; and ail the monies arising by the duties by this Act imposed and made payable as aforesaid, the necessary charges Of raising and accounting for the same excepted, shall from time to time be paid into the receipt of His Majesty’s Exchequer at Westminster; and the said money so paid into the receipt of the Exchequer as aforesaid, shall be carried to and made part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

Provided always, and be it Enacted, That it shall not be lawful for the Commissioners of Excise, or any person authorized by them, nor for any collector or supervisor of Excise, to grant or deliver any such license to any person applying for the same, unless such person shall, before receiving such license, or at the time of receiving the same, enter into a bond to the Commissioners of Excise, with one sufficient surety in the penalty of Twenty pounds, or with two sufficient sureties in the penalty of Ten pounds each, such surety or sureties being the person or persons named in the application of the party requiring the license, or some other person or persons approved of by the said Commissioners, or by the person authorized to grant such licenses; and such bond shall be executed by such person and his surety or sureties conditioned for the payment by such person or his surety or sureties, of any penalty or sum of money not exceeding the amount of such Twenty pounds or Ten pounds respectively, which shall be incurred for any offence against this Act, by the party to whom such license shall be granted, or for the payment of such sum of Twenty pounds or Ten pounds respectively, in case any penalty incurred by such party licensed shall exceed such Twenty pounds or Ten pounds respectively; and it shall be lawful for the said Commissioners, or the person so authorized by them, or for such collector or supervisor of Excise respectively, to judge of and determine upon the sufficiency of any such surety or sureties: Provided always, That such bond shall not be subject or liable to the payment of any stamp duty whatever any thing in any Act or Acts to the contrary notwithstanding.

Provided always, and be it further Enacted, That no person licensed to sell Beer by retail under the provisions of this Act, shall be deemed competent to be, or shall be accepted as a surety in any such bond as aforesaid.

And be it further Enacted, That every person who shall be licensed to sell Beer, Ale and Porter by retail under the provisions of this Act, shall cause to be painted in letters three inches at least in length, in white upon a black ground or in black upon a white ground, publicly visible and legible upon a board, to be placed over the door of the house or premises in which such person shall be licensed to sell Beer by retail, the Christian and surname of the persons mentioned in such license, at full length, together with the words “Licensed to sell Beer by Retail;” and every such person shall preserve and keep up such name and words so painted as aforesaid during all the time that such person shall continue so licensed, upon pain that every person in any respect making default herein shall forfeit and pay for every such offence the sum of Ten pounds.

And be it further Enacted, That no person shall sell any Beer by retail under the provisions of this Act at any time after the expiration of any license granted under this Act, nor in any house or place not specified in such license: Provided always, That it shall be lawful for any person so licensed to take out a fresh retail license for the selling Beer by retail before the expiration of any former retail license, and so from year to year; and if any person shall sell any Beer by retail under the provisions of this Act, without having an Excise retail license in force, authorizing such person so to do, or after the expiration of any such license, or without renewing such license in manner aforesaid, or in any house or place not specified in such license; or if any such person so licensed shall deal in, or retail any Wine or Spirits; every such person so offending shall for every such offence forfeit and lose a sum not less than Ten pounds nor more than Twenty pounds; to be recovered and applied in like manner as any penalty under any Act or Acts relating to the revenue of Excise.

Provided always, and be it further Enacted, That persons trading in partnership, and in one house or shop only, shall not be obliged to take out more than one license in any one year, for selling any Beer by retail under the provisions of this Act: Provided also, That no one license which shall be granted by virtue of this Act shall authorize or empower any person or persons to sell any Beer, Ale or Porter under the provisions of this Act, in any house or place other than the house or place mentioned in such license for selling Beer, Ale and Porter by retail under the provisions of this Act, and in respect whereof such license shall be granted.

And be it further Enacted, That it shall be lawful for any two Justices 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 this Act, and keeping any house situate within their respective jurisdictions 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 license granted to such person.

And be it further Enacted, That every person under this Act licensed to sell Beer by retail shall, if required, sell or otherwise dispose of all such Beer by retail therein (except in quantities less than a half pint) by the gallon, quart, pint or half-pint measure sized according to the standard, and shall also, if required by any customer purchasing such liquor, retail the same in a vessel sized 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 within thirty days next after that on which such offence was committed, before two Justices, and such penalty shall be over and above all penalties to which the offender may be liable under any other Act.

And be it further Enacted, That every seller of Beer, Ale and Porter by retail, having a license under the provisions of this Act, who shall permit any person or persons to be guilty of drunkenness or disorderly conduct in the house or premises mentioned in such license, shall for every such offence forfeit the respective sums following; and every person who shall in any way transgress or neglect, or shall be a party in transgressing or neglecting the conditions and provisions specified in such license, or shall allow such conditions or provisions to be in any way transgressed or neglected in the house or premises so licensed, shall be deemed guilty of disorderly conduct; and every person so licensed who shall permit 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 such retailer shall be convicted of such offence shall adjudge; and for the second such 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 such third offence shall take place, to adjudge, if they shall so think fit, that such offender shall be disqualified from selling Beer by retail for the space of two years next, ensuing such conviction, and also (if they shall so think fit) to adjudge that no Beer shall be sold by retail by any person in the house or premises mentioned in the license of such offender; and if any person so licensed as aforesaid shall knowingly sell any Beer, Ale or Porter made otherwise than from malt and hops, or shall mix or cause to be mixed any deleterious drugs or other pernicious ingredients with, any Beer sold in his house or premises, or shall fraudulently dilute, or in any way adulterate any such Beer, such offender shall for the first offence forfeit any sum not less than Ten pounds nor more than Twenty pounds, as the Justices before whom, such offender shall be convicted of such offence shall adjudge; and for the second such offence such offender shall be adjudged to be disqualified from selling Beer, Ale or Porter by retail for the term of two years, or to forfeit any sum of money not less than Twenty pounds nor more than Fifty pounds, at the discretion of the Justices before whom such offender shall be adjudged guilty of such second offence and if any offender convicted of such offence as last aforesaid shall during such term of two years sell any Beer, Ale or Porter by retail either in the house and premises mentioned in the license of such offender, 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; and if any person who shall at any time during any term in which it shall not be lawful for Beer to be sold by retail on the premises of any offender, sell any Beer by retail on such premises, knowing that it was not lawful to be sold, such offender shall forfeit any sum not less than Ten pounds nor more than Twenty pounds, as the convicting Justices shall adjudge.

And be it further Enacted, That no person licensed to sell Beer by retail under this Act, shall have or keep his house open for the sale of Beer, nor shall sell or retail Beer, nor shall suffer any Beer to be drank or consumed in or at such house, at any time before the hour of Four of the clock in the morning, nor after Ten of the clock in the evening of any day in the week, nor at any time between the hours of Ten of the clock in the forenoon and One of the clock in the afternoon, nor at any time between the hours of Three and Five of the clock in the afternoon, on any Sunday, Good Friday, Christmas Day, or any day appointed for a Public Fast or Thanksgiving; and if any such person shall keep his house open, for selling Beer, or shall: sell or retail Beer at anytime after the hour of Ten of the clock, in the evening, or before the hour of four of the clock in the morning of any day or between, the hours of Ten of the clock in the forenoon and One of the clock in the afternoon, or between the hours of Three and Five of the clock in the afternoon on any Sunday, Good Friday, Christmas-day; or any day appointed for a Public Fast of Thanksgiving, such person shall forfeit the sum of Forty shillings for every offence; and every separate sale shall be deemed a separate offence.

And be it further Enacted, That all Penalties under this Act save and except the penalty hereinbefore mentioned for selling Beer by any person not duly licensed, shall and may be recovered upon the information of any person whomsoever before two Justices acting in Petty Sessions; and that every such penalty 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; and every person licensed under this Act who shall be convicted before two Justices so acting in and for the division of place: in which shall be situate the house kept or theretofore kept by such person, of any offence against the tenor of the license 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 before two Justices within the space of twelve calendar months next preceding, of some offence against the tenor of his license or against this Act, be adjudged by such Justices 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 imposed for such offence, then any sum not exceeding Five pounds, together with the costs of the conviction; and if proof shall be adduced to the satisfaction of such Justices, that such person had been previously convicted before two Justices within the space of Twelve calendar months next preceding of one such offence only, such person shall be adjudged by such Justices 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 proof shall be adduced to the satisfaction of such Justices that such person had been previously convicted before two Justices within the space of the 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 and pay any penalty imposed by this Act in respect of such offence, or if no such specific penalty shall be imposed, then to forfeit and pay the sum of Fifty pounds, together with the costs of the conviction.

Provided always, and be it Enacted, That it shall and may be lawful for the party convicted of any such third offence to appeal to the general sessions or quarter sessions of the peace then next ensuing; and in such case the party so convicted shall before such Justices so convicting forthwith enter, into a. recognizance, with two sufficient sureties, personally to appear at the said general session or quarter session, and to abide the judgment of the court thereupon, and to pay such costs as shall be, by the court awarded, which recognizance such Justices are hereby authorized to require and take; or in failure of the party convicted entering into such recognizance, such 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 the said court of general session or quarter session to adjudge such person to be guilty of any such 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 session or quarter session 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 license granted to and held by or on behalf of such offender to be forfeited and void, or to punish such offender by such fine as aforesaid, and to adjudge such license to be forfeited and void; and if such license 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 license 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 Beer, Ale or Porter 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 license granted to such person during such term, shall be void to all intents and purposes.

And be it further Enacted, That whenever it shall happen that any appeal respecting which any recognizance shall be entered into in pursuance of this Act, shall be dismissed, or that the conviction appealed against shall be affirmed, or that such appeal shall be abandoned; it shall be lawful for the court to whom such appeal shall have been made or intended to be made, and such court is hereby requited to adjudge and order that, the party so having appealed or having entered into such recognizance shall pay to the Justices before whom such recognizance shall have been entered into, 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 of 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, for any time not exceeding six calendar months, unless such costs be sooner paid; and in every case in which the conviction 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 whomsoever they shall appoint, such sum as shall in the opinion of such court he sufficient to indemnify such Justices from all costs and charges whatsoever to which such Justices 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.

And be it further Enacted, That 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 session or quarter session, carried on 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 the constable or other peace officer of the parish or place in which shall be situate the house kept by the person charged, shall carry on all proceedings necessary to obtain such adjudication as aforesaid, and to bind such constable 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 or other, peace officer, and to the witness or witnesses on his behalf, such sum or sums of money as to the court shall appear to be sufficient to reimburse such constable or other peace officer and such witness or witnesses respectively the expenses that he or 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 or other peace officer, or to such witness or witnesses; and the said treasurer is hereby authorized and required upon sight of such order forthwith to pay to such constable or other peace officer, or other person authorized to receive the same, such money as aforesaid, and the said treasurer shall be allowed the same in his accounts.

And be it further Enacted, That in case any person licensed under this Act shall be convicted of any offence against this Act, and shall not pay the penalty incurred by such conviction, it shall be lawful for the Justices convicting such offender, after the expiration of Two calendar months next after such conviction, to summon any surety or sureties named in the bond entered into and executed by such person and his surety or sureties at the time of obtaining his license, to appear before the said Justices, and show cause why the penalty mentioned in such bond should not be paid by such surety or sureties, or so much thereof as shall be sufficient to pay any penalty incurred by the party licensed, or to satisfy so much of such penalty so incurred as shall remain unpaid; and in case any such surety shall not shew any sufficient cause to the contrary, it shall be lawful for such Justices to adjudge that such penalty, if not paid, or so much thereof as aforesaid, shall be paid by such surety within Fourteen days; and in case such penalty, or so much thereof as aforesaid, shall not be paid within Fourteen days, it shall be lawful for such Justices, if they shall think fit, to issue their warrant, and to levy the amount of such penalty, or so much thereof as aforesaid, by distress and sale of the goods and chattels of such surety, together with the costs of such distress and sale; and the certificate of the Commissioners of Excise, or their officer or other persons by this Act authorized to grant any license, of the date of such bond, and the names and descriptions of the surety or sureties in such bond, shall be sufficient evidence of such bond, and of the contents and execution thereof, against any surety or sureties, in any proceedings under this Act.

And be it further Enacted, That any person summoned as a witnesses not to give evidence before any Justices or sessions touching any of the matters aforesaid, either on the part of the complainant or of the person accused, 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 Justices or sessions, or who appearing shall refuse to be examined on oath or affirmation and give evidence, shall on conviction before such Justices forfeit and pay for every such offence any sum not exceeding Ten pounds.

And be it further Enacted, That in every case in which under the authority of this Act any Justices shall adjudge that any offender shall pay or cause to be paid any penalty, and such offender shall refuse or neglect, within Seven days after his conviction, to pay such penalty and any costs which shall have been duly assessed and ascertained by such Justices, it shall be lawful for such Justices, if they shall think fit, to issue their warrant, and to levy the amount of such penalty and costs by distress and sale of the goods and chattels of such offender, together with the costs of such distress and sale; and in every such case such offender, if in custody at the time that such Warrant shall be so issued, shall be forthwith discharged; but if it shall appear to such Justices that the goods and chattels of such offender are not sufficient whereon to levy such distress, together with the costs of such distress and sale, it shall be lawful for such Justices to commit the offender to the common gaol or to the house of correction of the county or place for which such Justices shall be then acting, for any term not exceeding one calendar month if the penalty shall not be above Five pounds, for any term not exceeding three calendar months if the penalty shall be above Five pounds and shall not be more than Ten pounds, and for any term not exceeding Six calendar months if the penalty shall be above Ten pounds: Provided nevertheless, That whenever such offender shall have been committed to the common gaol or house of correction in consequence of his not having duly paid such penalty and costs, if such offender shall pay or cause to be paid to the gaoler or keeper of the house of correction, or to whomsoever such Justices shall have appointed, the penalty imposed and costs, together with all the costs of the apprehension of him and of the conveyance of him to the said gaol or house of correction, at any time previous, to the expiration of the time for which such offender shall so have been committed, such offender shall be forthwith discharged.

And be it further Enacted, That any Justices before whom any penalty shall be recovered under the provisions of this Act, shall award, if they shall think fit, any portion of the same, not in any case exceeding one moiety thereof, to the use of the prosecutor, and the remainder, or in case no part of such penalty shall be awarded to the prosecutor, then the whole of such penalty shall be awarded to be paid and shall be paid to the use of the poor of the parish or place where such offence shall be committed : Provided always, That in all cases where any conviction of any Justices under this Act shall be appealed against, the whole or so much of the penalty as shall not be awarded to the prosecutor shall be awarded to be paid and shall be paid to the treasurer of the county within which such offence shall be committed, to be applied by the said treasurer towards defraying the expenses of such county, and in aid of the county rates of such county.

And be it further Enacted, That whenever at any Session for any liberty, county of a city, county of a town, city or town corporate, there shall not be present at least two Justices acting in and for any such liberty, county of a city, county of a town, city or town corporate, it shall be lawful for the Justices acting in and for the county or counties adjoining to such liberty, county of a city, county of a town, city or town corporate, to act within such liberty or place, and with the Justice or Justices thereof who shall be present at any such sessions as aforesaid, for the purpose of hearing complaints as to offences against this Act, any law, custom or usage to the contrary notwithstanding.

Provided always, and be it further Enacted, That nothing herein contained shall extend to give the Justices of the county, or any division thereof any power or authority for the putting of the provisions of this act in execution within any of the Cinque Ports or either of the two ancient towns, or any of the corporate or other members or liberties of the Cinque Ports or two ancient towns; but that it shall be lawful for the Justices of and for each of the principal Cinque Ports and two ancient towns, and the liberties thereof, to act within the same respectively, as they have been accustomed, and for them or any of them to act within each of the corporate members immediately belonging or subordinate to such principal Cinque Port or ancient town, with the Justice or Justices of each such corporate member, for the purpose of hearing complaints as to offences against this Act in all such cases in which the Justices of the county are hereinbefore empowered or authorized to act with the Justice or Justices of any liberty, county of a city, county of a town, city or town corporate.

And in order to prevent frivolous and vexatious appeals, BE it further Enacted, That a conviction in the form, or to the effect following, mutatis mutandis, as the case may be, shall be good and effectual to all intents and purposes whatsoever, without stating the case or the facts, or evidence in any more particular manner; (that is to say)

Be it Remembered, That on this day of in the year A. B. of was duly convicted before us, C. D. and E. F. two of His Majesty’s Justices of the Peace, in petty sessions for the of for that [here state the offence, and the time and place when committed,] whereby the said A.B. has forfeited the sum ___ of this being adjudged to be the first [or, second, or, third] offence [as the case shall happen to be] against the provisions of an Act to permit the general sale of Beer by retail in England, besides the costs of this conviction, which we the said Justices do hereby assess at the sum of pursuant to the Statute in such case made and provided.
Given under our hands and seals the day and year above written.

And be it further Enacted, That the Justices before whom any such conviction shall have been made, shall return the same, or cause the same to be returned to the next general session or quarter session of the peace holden for the county or place wherein the offence shall have been committed, and such conviction shall be then and there delivered to the clerk of the peace, or other person acting as such, to be by him filed or enrolled amongst the records of the said court; and the certificate of the clerk of the peace of such conviction, which he is hereby required to grant on demand, upon payment of One shilling, shall be legal evidence of every such conviction.

And be it further Enacted, That no conviction under this Act, nor any adjudication made upon appeal therefrom, shall be quashed for want of form, nor shall be removed by writ of certiorari or otherwise into any of His Majesty’s superior courts of record, and no warrant of commitment shall be held void by reason of any defect therein; provided it be therein alleged that the party has been convicted, and that there be a good and valid conviction to sustain the same.

And be it further Enacted, That every action against any Justice constable or other person for or on account of any matter or thing whatsoever done or commanded by him in the execution of his duty or office under this Act, shall be commenced within Three calendar months after the cause of action or complaint shall have arisen, and not afterwards; and if any person shall be sued for any matter or thing which he shall have done in the execution of this Act, he may plead the general issue and give the special matter in evidence. Provided always, and be it further Enacted, That 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, but not to extend to those freemen of the said company of Vintners who have obtained the same by redemption only; nor in any way to affect any license to the keeper of any inn, alehouse or victualling house, unless in so far as relates to the sale of Beer by retail: Provided also. That nothing in this Act contained shall alter any law relating to the revenue of Excise, except so far as the same is hereby expressly altered and otherwise provided for; nor to prohibit any person from selling Beer in booths or other places at the time and within the limits of the ground or place in or upon which is holden any lawful Fair, in like manner as such person was authorized to do before the passing of this Act.

AND in order to remove doubts as to the meaning of certain words in this Act, BE it Enacted, That the word “Justice” shall be deemed to mean Justice of the peace; and that the word “person,” and the word “party,” shall be deemed to include any number of persons and parties; and that the word “license,” and the word “day,” and the word “time,” and the word “house,” and the word “place,” shall each be deemed to include any number of licenses, days, times, houses or places; and that the word “beer” shall in all cases be deemed to include “beer, ale and porter;” and that the word “county,” and the words “county or place” shall be deemed severally to include any county, riding, division of the county of Lincoln, hundred, division of a county, liberty, division of a liberty, county of a city, county of a town, city, cinque port, or town corporate; and the words “division or place,” shall be deemed to include any division of a county or riding, liberty, division of a liberty, county of a city, county of a town, city, cinque port, or town corporate; and that the words “parish or place” shall be deemed to include any township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor; and that the word “penalty” shall be deemed to include any fine, penalty or forfeiture of a pecuniary nature; and that the meaning of the several words in this Act shall not be restricted, although the same may be subsequently referred to in the singular number or masculine gender only.

FORM OF LICENSE.

WE, the undersigned, being ____ of the Commissioners of the Excise [or, I the undersigned, being a person authorized and employed by the Commissioners of Excise to grant licenses for selling Beer by retail, or, being a collector or supervisor of Excise for the collection or district of ____ ] Do hereby authorize and empower A.L. now being a householder, and dwelling at in the parish of ____ within the limits of the chief office of Excise [or, within the limits of the said collection or district] to sell Beer, Ale and Porter by retail in the dwelling-house of the said A.L. and in the premises thereunto belonging, the said A.L. having duly entered into a bond with D.S. of ____ and E.S. of ____ as his surety [or, sureties] pursuant to the Act in such case made, provided and upon condition that the said A.L. do not sell any Beer, Ale or Porter made otherwise than from malt and hops: and that the said A.L. do not mix or cause to be mixed any drugs or ingredients in any Beer, Ale or Porter, nor fraudulently dilute, deteriorate or adulterate any Beer, Ale or Porter, nor sell any Beer, Ale or Porter, knowing the same to have been fraudulently diluted, deteriorated or adulterated; and that the said A.L. do not use in selling any Beer, Ale or Porter, any Measures which are not of the legal standard ; and that the said A.L. do not wilfully or knowingly permit any drunkenness or any violent or quarrelsome or other disorderly conduct in his [or, her] house or premises, and do not knowingly suffer any unlawful games, or any gaming whatsoever, therein; and do not knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein; and do not permit or suffer any Beer, Ale or Porter to be drank or consumed in or upon, or to be conveyed from or out of his [or, her] premises between the hours of Ten of the clock in the forenoon and One of the clock in the afternoon, nor between the hours of Three and Five of the clock in the afternoon on Sundays, Christmas-day and Good Friday, or any day appointed for a Public Fast or Thanksgiving, nor at any time before the hour of Four of the clock in the morning, or after the hour of Ten of the clock in the evening of any day, but do maintain good order and rule therein: And all provisions for billeting officers and soldiers in victualling-houses contained in any Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters, are to extend and apply to the house and premises mentioned in this license: And this License shall continue in force from the ____ day of ____ next until the ____ day of ____ then next ensuing, and no longer; provided and upon condition that the said A.L. shall not in the meantime become a sheriff’s officer, or officer for executing the process of any court of Justice, nor shall in the meantime cease to be a householder; and this license shall cease and determine, and shall become void in case any of the conditions or regulations contained therein shall be transgressed, or shall not be observed by the said Act. Given under our hands and seals [or, my hand and seal] this ____ day of ____ One thousand eight hundred and ____ at ____

Beerhouse Act of 1830

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This page was last modified on 10 August 2018 and has been edited by Dave Pattern.

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