Part V.—Rehearing of Applications Renewals Transfers and Removals of Licenses, Lost Licenses.
. The refusal of any application for a license or
Applications may be renewed.
the renewal or removal of a license shall not prevent an application for a license being made in respect of the same premises at any subsequent licensing meeting. But if an application for a license is refused and a license of the same description has been previously refused in respect of the same premises within the period of three years then no such license in respect of those premises shall be granted until after the expiration of three years from such second refusal. In case of the refusal of an application the licensing magistrates refusing the same shall at the time of such refusal make known the objection or objections causing such refusal.
. Every licensed person shall subject to object-
Renewal of license on production thereof and payment of annual fee.
tions as hereinbefore provided for be entitled to obtain from the licensing magistrates a certificate authorizing the renewal of his license on producing such license and upon payment to the proper officer of the annual fee due in respect of such license provided such license has not been allowed to expire or has not been forfeited or become void from any cause whatever: Provided also that the licensing magistrates may refuse to grant a certificate of renewal of any license if it shall be proved to their satisfaction that such license is liable to be forfeited under any of the provisions of this Act. No licensed person applying for a renewal need attend in person at the licensing
meeting unless a written notice of an intention to oppose such renewal shall have been served upon him at least three days before the commencement of such licensing meeting: Provided that the licensing magistrates may notwithstanding that no notice has been given on an objection being made adjourn the granting of any renewal to a future day and require the attendance of the holder of the license on such day when the case will be heard and the objection considered as if the notice heretofore prescribed had been given.
When the renewal of any license is refused for some reason personal to the licensed person the licensing meeting at which such refusal shall be made may if the licensing magistrates shall think fit so to do be adjourned to such day not being less than twenty-one days nor more than thirty days after such meeting at the same or any other court-house or building within the district as the licensing magistrates may determine: Application (not being by the person so refused) for a license of the same description as that refused in respect of the same premises may be heard and determined at such adjourned meeting. The provisions herein contained as to hearing of applications objections costs giving of notices and re-hearing shall apply to such application as if such provisions were here repeated with such alterations only as the circumstances of the case require.
. Any licensing stipendiary magistrate, or as to licenses in respect of premises situate in places not included in a licensing district, any police or stipendiary magistrate, may on application in writing by the proposed transferror and transferree at any time transfer the license of any licensed person other than a temporary or special temporary license to the appointee of such licensed person if approved of b}r him by an endorsement upon the license in the form in the
Sixth Schedule or to the like effect or where a licensee has been legally evicted from any licensed premises such magistrate may notwithstanding the non-production of the license there for on the application
in writing of the owner thereof and the proposed new tenant grant a special certificate of transfer of such license to such tenant, for which endorsement or special certificate a fee of Two pounds shall be paid; and thereupon such transferree shall until the end of the year for which the license shall have been granted possess all the rights of such original licensed person, and shall be subject and liable to the same duties obligations and penalties as if such license had been originally granted to him: Provided that such transferree shall at the next licensing meeting apply for a license in the same manner as if he were not a licensed person. The license shall immediately after the aforesaid endorsement shall have been made thereon be deposited with the clerk of petty sessions holden within the licensing district and nearest to the premises in respect of which such license is held, and be retained by such clerk until the granting or refusal of the license to be applied for by the transferree as aforesaid, and in the event of a refusal or of the neglect of the transferree to apply the said transferred license shall revert to the transferror. No such transfer of a license shall be made nor shall any application for such transfer be entertained until the expiration of three months from the time of the granting or previous transfer of such license.
. If any licensed publican shall desire to remove
his license from his licensed premises to any other house in the same licensing district he shall give notice in such one of the forms in the Fourth Schedule as
shall be applicable of his intended application in the same manner as notice is required to be given of an application for a license. A copy of the notice shall be personally served upon or sent by registered letter to the owner of the premises from which the license is to be removed.
The same objections may so far as applicable be made to the removal of a license as are hereinbefore mentioned with regard to the grant of a license. The licensing magistrates to whom the application is made
shall not make an order of removal unless they are satisfied that no objection to such removal is made by the owner of the premises to which the license is attached. If the licensing magistrates shall grant the application they shall make an endorsement upon the
license in the form in the Seventh Schedule, and thereupon the license shall have the same effect as if it had been originally granted in respect of the premises to which it shall be so removed, and the premises from which it shall be so removed shall cease to be licensed premises. If the licensing magistrates shall refuse the application the effect of the license shall not be prejudiced.
Business may be carried on by executor &c. in certain cases.
. In case of the decease or insolvency of a licensed person before the expiration of his license his executors or administrators assignees or trustees may by an agent specially authorized in writing by a licensing stipendiary magistrate carry on the business of such licensed person until the expiration of his license, and the widow of such licensed person, or if he shall not have left a widow any member of his family of the age of twenty-one years or any person on behalf of such family, may carry on the business for a period not exceeding three months from his death, if probate of his will or administration of his estate shall not be sooner granted or his license sooner expire: Provided that such agent widow or person shall be subject to the same ob igations as if he or she were the licensee named in the license. Every license under this Act shall confer upon the executor or administrator the same privileges and (if such executor or administrator avail himself of such privileges) shall impose on him the same duties obligations and liabilities as if such license had been granted to him originally.
In case of the decease of a licensed person within the period of two calendar months before the expiration of his license a renewal of such license for one year may on payment of the proper annual fee be granted to and in the name of his executor or admini-
strator, or if probate of his will or administration of his estate shall not have been granted before the next annual licensing meeting then to such person as the licensing magistrates shall consider entitled to obtain probate of his will or administration of his estate, and if there be more than one such executor or person then to such one of such executors or persons as the licensing magistrates may select.
In case of the marriage of any female being a
Provision in case of marriage of licensed female.
licensed person, the license held by her shall confer upon her husband the same privileges and shall impose on him the same duties obligations and liabilities as if such license had been granted to him originally.
In case any licensed person becomes a lunatic
Provision in case of licensed person becoming a lunatic patient.
patient within the meaning of the Lunacy statute, a licensing stipendiary magistrate may upon the application of the wife or any member of the family of such lunatic patient or any person on behalf of such family, authorise an agent, to carry on the business of the licensed premises of such lunatic patient until the end of the year for which his license was granted, unless he shall be sooner discharged, and thereupon such agent shall be subject and liable to the same duties obligations and penalties as if he were licensed in respect of such premises.
In case any licensed person shall continue or be a lunatic patient when the time for the renewal of his license arrives, a renewal of such license may be granted to and in the name of his wife or any member of his family or to any person nominated for that purpose by the Master in Lunacy.
The provisions hereinbefore contained relating to the renewal of licenses, objections thereto, notices of objections and otherwise shall extend and apply to applications for renewals of licenses under this section.
. Whenever any license shall be lost or destroyed,
Duplicate license may be granted on proof of loss of original license.
the person thereby licensed may apply to a licensing stipendiary magistrate for a certificate under his hand that such license had been issued to such person, and
such magistrate on being satisfied that such license is lost or destroyed and has not been forfeited or transferred may grant a certificate in the form in the Eighth
Schedule or to the like effect, and upon production of such certificate and on payment of a fee of One pound the issuer of such license or his successor in office shall deliver a duplicate of such license, which shall be of the same force as the original license.
Temporary license may be granted in case of destruction of licensed premises by fire, &c.
. If the licensed premises of any licensed publican shall be by fire tempest or other calamity rendered unfit for the carrying on of his business any licensing stipendiary magistrate or as to premises situate in places not included in a licensing district any police or stipendiary magistrate upon the application by or on behalf of such licensed publican may it he shall see fit so to do by order under his hand authorise such licensed publican temporarily to carry on his business in some neighbouring house (although not having the accommodation required by this Act) for any period not exceeding six calendar months to allow of the rebuilding or repair of the premises so rendered unfit as aforesaid.