and Good Friday shall be the permitted hours on those A.D. 1927. days at the passing of this Act:

Provided that in Wales there shall be no permitted hours for licensed premises on Sundays or on Christmas 5 Day when it falls on a Sunday.

11. (1) For the purposes of the foregoing pro- Definitions visions

means the metropolitan

police district and the city of London;

(a)

"the metropolis

10

(b)

15

200

25

town means a borough or urban district
which is not a city or a county borough;

(c) any collection of houses adjacent to a county
borough, city, or town, shall be deemed to be
part of the county borough, city, or town after
it has been declared so to be by an order of the
compensation authority having jurisdiction in
the place where the houses are situated:
Provided that no borough or urban district,
whether including such adjacent houses or not,
shall be deemed a town unless it contains one
thousand inhabitants;

(d)" populous place " means any area with a popula-
tion of not less than one thousand, which by
reason of the density of its population, the
compensation authority of the county by order
determine to be a populous place.

(2) Any order of the compensation authority for the purposes of this section may be made from time to time at a meeting specially convened for the purpose in 30 manner provided by regulations made by that authority, or in default of those regulations, by the clerk of the peace, and any such meeting may be adjourned: Provided that an order restrictive of a previous order shall not be made except on a revision after the publication 35 of a census.

Any order of the compensation authority of the county for the purposes of this Act with respect to a town or populous place, shall specify the boundaries of the town or populous place.

40 As soon as may be after the publication of each census, the compensation authority of the county shall,

and repeal.

A.D. 1927. at a meeting to be specially convened for the purpose, revise orders then in force within their jurisdiction, and may alter or cancel any of those orders or may make such further orders, if any, as they shall deem necessary to give effect to the provisions of this Act.

Six-day

licences.

Exemptions

(3) Sections one and two of the Licensing Act, 1921, are hereby repealed so far as they apply to any licensed premises.

12. The following subsection shall be added to section fifty-eight of the principal Act :

5

10

(5) If the holder of a six-day licence on the occasion of his application for the renewal, transfer, or removal of his licence applies to the licensing justices to rescind the six-day condition attached to his licence, the licensing justices may, upon such 15 terms as to the giving of notices as may be necessary, rescind the condition and renew, transfer, or remove the licence and the justices' licence so renewed, transferred, or removed, shall have effect as though it had never been subject to any 20 six-day condition.

13.-(1) The following exemptions shall be added as to time of to those enacted by section five of the Licensing Act,

sale: bonâ

fide

traveller,

&c.

(g) the sale of intoxicating liquor by the holder of a 25
justices' on-licence for consumption on the
premises at any time to a person lodging in
his house, or, except when the licence is a six-day
licence and the sale is on Sunday to a bonâ
fide traveller, or the consumption of intoxicating 30
liquor by the persons to whom it is so sold; or
(h) the sale at any time on a railway station of
intoxicating liquor to persons arriving at or
departing from the station by railroad from or
to a distance covered in one journey of not less 35
than ten miles from that station, or the con-
sumption of intoxicating liquor by such persons;

or

(i) the sale at any time by the holder of a justices' licence of spirits required for the purpose of 40 being administered to any person suffering

5

from a recent accident or sudden illness, or in A.D. 1927.
any emergency of the like kind on the demand
of any person whom the holder of the licence
has reasonable cause to believe to be in urgent
need of the spirits demanded for the purpose
stated.

(2) If in the course of any proceedings taken against the holder of a justices' licence for contravening the provisions of this Act as to permitted hours of sale that 10 person (in this section referred to as the defendant) fails to prove that the person to whom the intoxicating liquor was sold (in this section referred to as the purchaser) was a bonâ fide traveller, but the court is satisfied that the defendant truly believed that the purchaser was a 15 bonâ fide traveller, and further that the defendant took all reasonable precautions to ascertain whether or not the purchaser was a bonâ fide traveller, the court shall deal with the case as against the defendant as if the purchaser had been a bonâ fide traveller, and, if it thinks 20 that the purchaser falsely represented himself to be a bonâ fide traveller, the court may direct proceedings to be instituted against the purchaser under this Act for so representing himself to be a bonâ fide traveller.

(3) A person for the purposes of this Act shall not 25 be deemed to be a bonâ fide traveller unless the place where he lodged during the preceding night is at least three miles distant from the place where he demands to be supplied with liquor, that distance to be calculated by the nearest public thoroughfare.

30

(4) Any person who for the purpose of obtaining spirits at a time not within the permitted hours of sale falsely represents that the spirits demanded are urgently needed in a case of sickness or accident or other emergency of the like kind shall be liable in respect of each 35 offence to a fine not exceeding five pounds.

40

14. Subsection (2) of section eighty of the principal Power to Act is hereby repealed, and the following provision is exclude substituted therefor :

drunkards from

(2) Any such person who, upon being re- licensed quested in pursuance of this section by the holder premises. of the licence, or his agent or servant, or any constable, to quit the premises, refuses or fails so to do, may be apprehended and shall be liable

A.D. 1927.

Penalty on

persons

found

drunk.

Short title, construction, commencement and extent.

in respect of each offence to a fine not exceeding ten pounds, or to imprisonment with or without hard labour for any period not exceeding one month, and all constables are required on the demand of the holder of the licence, or the agent 5 or servant, to expel or assist in expelling every such person from the premises, and may use such force as may be required for that purpose.

15. Section twelve of the Licensing Act, 1872, shall
be construed as though in lieu of the penalties therein 10
provided on second and subsequent convictions under
that section the following were substituted :-

(a) In the case of any person found drunk in any
highway or other public place, whether a
building or not, or on any licensed premises, 15
on a second conviction within twelve months
of the previous conviction, a fine not exceeding
forty shillings, and on a third or subsequent
conviction within such period of twelve months,
a fine not exceeding five pounds, or, in the 20
discretion of the court, imprisonment with or
without hard labour for any term not exceeding
one month:

(b) In the case of any person who is guilty of any
other offence under the said section, on a second 25
or subsequent conviction, a fine not exceeding
five pounds, or, in the discretion of the court,
imprisonment with or without hard labour for
any term not exceeding one month.

16. (1) This Act may be cited as the Licensing 30 (Amendment) Act, 1927, and shall be construed as one with the Licensing Act, 1910 (in this Act referred to as the principal Act), and the Licensing Act, 1921.

(2) This Act shall come into operation on the first day of October, nineteen hundred and twenty-seven.

(3) This Act shall extend only to England and Wales.

35