§ (1) The licensing justices, on the grant of a new justices' on-licence, may attach to the grant of the licence such conditions, both as to the payments to be made and the tenure of the licence and as to any 1223 other matters, as they think proper in the interests of the public; subject as follows:—
- (a) Such conditions shall in any case be attached as, having regard to proper provision for suitable premises and good management, the justices think best adapted for securing to the public any monopoly value which is represented by the difference between the value which the premises will bear, in the opinion of the justices, when licensed, and the value of the same premises if they were not licensed: Provided that, in estimating the value as licensed premises of hotels or other premises where the profits are not wholly derived from the sale of intoxicating liquor, no increased value arising from profits not so derived shall be taken into consideration:
- (b) The amount of any payments imposed under conditions attached in pursuance of this section shall not exceed the amount thus required to secure the monopoly value.
§ (2) The licensing justices may, if they think fit, instead of granting a new justices' on-licence as an annual licence, grant the licence for a term not exceeding seven years, and where a licence is so granted for a term—
- (a) Any application for a re-grant of the licence on the expiration of the term shall be treated as an application for the grant of a new justices' licence, not as an application for the renewal of a justices' licence, and during the continuance of the term the licence shall not require renewal; and
- (b) Any transfer of the licence or special removal of the licence shall, subject to any conditions attached thereto on the grant, have effect for the remainder of the term of the licence, and may be granted at a general annual licensing meeting as well as at transfer or special sessions, and any reference to transfer or special sessions in this or any other Act relating to transfers or protection orders shall for that purpose include a reference to the general annual licensing meeting.
§ (3) The amount of any payments made in pursuance of any conditions under this section shall be collected in the same manner as the duties on local taxation licences within the meaning of Section 20 of the Local Government Act, 1888, and shall be paid into the Exchequer.
§ (4) A new justices' on-licence granted for a term under this Section may (without prejudice to any other provisions as 1224 to forfeiture) be forfeited, if any condition imposed under this Section is not complied with, by order of a court of summary jurisdiction, made on complaint, or, if the holder of the licence is convicted of any offence committed by him as such, by the court by whom he is convicted.
§ (5) On the confirmation of a new justices' on-licence, the confirming authority may, with the consent of the justices authorised to grant the licence, vary any conditions attached to the licence under the provisions of this Section.
§ (6) This Section does not apply to Justices' on-licences for the sale of wine alone or sweets alone.
§ Mr. SIMON moved in Sub-section (2) paragraph (b) to leave out the words "and may be granted at a general annual licensing meeting as well as at transfer or special sessions, and any reference to transfer or special sessions in this or any other Act relating to transfers or protection orders shall for that purpose include a reference to the general annual licensing meeting."
§ Amendment agreed to.
§ Clause, as amended, added to the Bill.