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The Pamphlet Collection of Sir Robert Stout: Volume 71

Appendix III

Appendix III.

Précis of a Bill intituled" An Act for Establishing a System of Retail Sale of Intoxicating Liquor by an Authorised Company" (Bishop of Chester's Bill).

1.It provides for a system of retail sale of liquor by an authorised company, which may be submitted for approval by any ten qualified voters in the district, and, if approved, the company shall be an authorised company under the Act.
2.No new license shall be granted in any district except to the company, and after five years from date of establishment of said company, any license not held by company shall not be renewed, and shall expire at close of the period for which granted.
3.The company in any district may, after giving reasonable notice to the holder of a license, require surrender of his license, and a holder of a license may require the company to accept surrender of license.
4.The company shall pay to persons surrendering a license the value of their interest therein.
5.The value of license to be taken to be the amount by which the value of the premises when used as licensed premises exceeds the value of premises when not so used, and such amount to be settled by agreement between the company and persons interested in the license, or in default of agreement by arbitration under Arbitration Act, 1889.page 8
6.Amount of value having been settled, the amount of value of each interest in the license shall be settled by agreement, or in default by arbitration.
7.Any person having carried on business in licensed premises for his [unclear: own] benefit may require the company to purchase his interest in the license, [unclear: and] price to be paid to be agreed on as before stated.
8.The licensing authority to grant the company a license for every [unclear: surrendered] license, and also, though no license is surrendered, in same manner as granted to any person under the Licensing Acts.
9.A license may be granted to a company although it is a corporate [unclear: body]. Renewal of licenses to company not to be refused unless the house has not [unclear: been] conducted in an orderly manner, or that the house or any adjacent house owned [unclear: by] the company is of a disorderly character or frequented by persons of [unclear: had] character.
10.In an urban district the proportion of one license shall be for every [unclear: thousand] of population, and in a rural district one license for every six hundred of [unclear: populatios] Districts for purpose of this Act shall be any [unclear: borough;] or any ward of a borough any urban sanitary district other than a borough; any parish or any [unclear: combination] of parishes not in an urban sanitary district.
11County council may combine any parishes, with assent of such parishes testified by a resolution of the vestry.
12.An authorised company may be incorporated under the Companies Act e 1862 to 1890 as a limited company, or by Royal Charter, or by special Act of Parliament.
13.No company shall be an authorised company unless approved by the Local Government Board.
14.The capital of the company shall be of such amount as in the opinion of the Local Government Board shall be sufficient to carry out the objects for which formed.
15.The local authority of the district can nominate at least one-third of the directors of a company in their district, and fill any vacancies which occur amongst the directors so nominated.
16.No director of the company shall otherwise be interested personally, or as partner with any person, or as a director of a company in the production of any intoxicating liquor. Accounts of the company to be audited once every two years, one auditor to be appointed by the company and another by the local authority.
17.Before being approved as an authorised company two-thirds of the [unclear: whole] nominal capital shall have been bona fide subscribed and one-half of the [unclear: amount] of each share subscribed shall have been fully paid-up. Such company shall [unclear: be] granted a certificate of establishment by Local Government Board.
18.The profits of the company may in any year be applied to pay a dividend to holders of the capital of the company not exceeding five per cent. on the paid-up capital.
19.Provision is also made for any surplus profits after paying such dividends
20.Licenses may be granted to refreshment rooms and hotels, although an authorised company has license in same district Intoxicating liquors cannot be sold retail without a license in any club, unless registered under this Act, whereas' authorised company is established.
21.Bona fide clubs may be registered by licensing authority, and such registration may be cancelled on application of any person after such application has been notified to the club.
22.Any member of a club may appeal to Quarter Sessions against the [unclear: decision] of the licensing committee.