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The Pamphlet Collection of Sir Robert Stout: Volume 36

Part V—Rehearing of Applications, Renewals, Transfers, and Removal of Licenses

Part V—Rehearing of Applications, Renewals, Transfers, and Removal of Licenses.

The refusal of an application for a license, or for renewal, or removal, does not prevent another application being made for same premises at any subsequent licensing meeting 46
But if a license has been refused and again refused on a second application, no license shall be granted for such premises for three years from the date of last refusal 46
In case of refusal the licensing magistrates are required to state their objection to the application 46
Renewal of Licenses.—Licensing magistrates may refuse a certificate of renewal, if it be proved to their satisfaction the license is liable to be forfeited (see sec. 65) 47page ix
Licensee is not required to attend the court in person unless he has received three clear days' written notice of intended opposition 47
If the renewal of the license is refused on personal grounds, the magistrates may adjourn the court to some day not sooner than 21 days nor later than 30 days, when another application may be made for the same premises by another person, not being the person refused 47
In the above case all the requirements of hearing an application for a new license are applicable and have to be carefully observed (see sections 37-38) 47
Transfer of Licenses.—Any licensing stipendiary magistrate may at any time, on application in writing signed by the transferor and transferee transfer any licensed person's license, if the transferee be approved of by him by endorsement on the license 48
If the licensee has been legally evicted from licensed premises, such magistrate may, notwithstanding the non-production of the license, grant, on the application in writing of the owner and proposed new tenant, a special certificate of transfer of license. Fee, two pounds 48
Such transferee thereon shall, until the end of the year, possess all the rights, and be subject to the duties and obligations of original holder of the license 48
At the end of the year, if the license has been transferred by endorsement, the transferee is to apply for a new license, and in the event of refusal to grant such, or neglect, to apply for it, the transferred license reverts to the transferor 48
No transfer of a license is to be made until the expiration of three months from the granting or transfer of it 48
Removal of licenses—If a licensed publican desires to remove his license, he is to give notice in one of the forms in the 4th schedule, in the same manner as provided for a new license—section 37. He is also required to serve a copy of such notice, either personally or by registered letter, on the owner of the premises he is leaving (see also section 10 Regulations, page 62) 49
The licensing magistrates are not to make an order of removal unless satisfied no objection is made by the owner of the premises the licensee is leaving 49
In the case of the decease or insolvency of the licensee, his executors or administrators, assigns or trustees, may carry on the business by an agent specially authorised in writing by a licensing stipendary magistrate 50
The widow, or any member of the family of deceased licensee, being twenty-one years of age, may carry on the business for three months. So also any other person on behalf of such family 50page x
In case of decease of licensee within two months of the expiry of his license, a renewal may be granted for one year 50
The marriage of female licensee transfers to the husband the same privileges, duties, obligations, and liabilities as if such license had been originally granted to him 50
If the licensee becomes a lunatic patient within the meaning of the Lunacy Statute a licensing stipendary magistrate may, on the application of the wife or member of lunatic's family, authorise an agent to continue the business. Provisions as to renewal of license 50
Loss of License; Provisions for Issuing a Duplicate.—If licensed premises are rendered unfit for carrying on business by fire, tempest, or other calamity, a licensing stipendary magistrate may order the business to be carried on in some neighbouring house for a period not exceeding six months 51, 52
Every clerk of petty sessions is to report every transfer, removal or forfeiture to the person who issued the license or his successor (section 11 Regulations, page 62)