and re A.D. 1927. (i) (a) or twenty-three (2) (ii) of this Act in consequence of the premises or goodwill of the business therein mentioned vesting in the Board by virtue of a reorganisaorganisation tion resolution, passed at any poll taken after the expiration of fifteen years from the commencement of 5 this Act. areas. Datum period. Apportion ment of compensation. Loss of employment. 27. For the purposes of this Act the expression "datum period " shall mean the period of three years immediately preceding the passing of the reorganisation or no-licence resolution, or any shorter period for which 10 the business of the sale of intoxicating liquor has been carried on, or such other period as may be agreed between the person carrying on the business and the Board, or (for special reasons) fixed by the Commissioners of Inland Revenue. 15 28. (1) Any compensation payable under this Act shall be apportioned amongst the persons admitted, or appearing to the Commissioners of Inland Revenue or other arbitrator to be interested in the property in question in such shares as such persons shall mutually 20 agree or, in default of such agreement, as the Commissioners of Inland Revenue or other arbitrator shall determine, and no appeal shall lie from such determination. (2) In apportioning any such compensation 25 amongst the holders of shares, stock, debentures, or other securities of a company the Commissioners of Inland Revenue or other arbitrator shall have regard to the average gross annual income received by such respective holders during the datum period in respect 30 of such shares, stock, debentures, or other securities, and to the market value (if any) and the terms of redemption thereof, and the sufficiency of the security therefor, and shall not be bound to give effect to the priorities subsisting under the regulations of the company or otherwise 35 as between different classes of shares, stock, debentures, or securities. 29.-(1) If any person shall suffer pecuniary loss by the loss of any office or employment by reason of the adoption of a reorganisation or no-licence resolution he 40 shall be entitled to claim compensation for the loss so suffered. Any such claim shall be made in writing to the Board, and in default of agreement between such claimant and the Board shall be determined by arbitra- A.D. 1927. tion as early as circumstances will permit as a question of disputed compensation under this Act: Provided that the arbitrator in determining the said question shall, 5 if any offer of employment has been made to such claimant by the Board, take into consideration the nature of the employment so offered and the remuneration attached thereto and the facts as to the acceptance or refusal thereof and the grounds for any such refusal. 10 (2) Compensation under this section may be by way of annuity for life of the claimant or payment of a capital sum, or otherwise as may be agreed between the Board and the claimant, or determined by the arbitrator, who shall have regard to the age of the claimant, the 15 period and nature of his employment, and all the circumstances of the case. 30. (1) Any capital sum payable to any person by Payment of way of compensation under this Act shall bear interest compensa at the rate of five per centum per annum from the date tion. 20 of the coming into operation of the reorganisation or no-licence resolution, or in the case of compensation for loss of office or employment, from the date upon which such loss occurred, and any annuity granted as compensation shall commence and payment thereof shall be made 25 accordingly. (2) The Board shall from the date of the operation of the reorganisation or no-licence resolution pay to any person appearing to them to be entitled to any capital sum by way of compensation interest at the rate afore30 said on such sum as shall appear to the said Board to be the probable amount of such compensation by quarterly payments, and upon the payment to any person ascertained to be entitled to such compensation of the amount to which he is so entitled or the issue to him of such 35 annuity as hereinafter mentioned, the accounts of the parties in respect of the interest so paid shall be adjusted and any deficiency or excess in respect thereof shall be paid by or refunded to the Board, as the case may require. (3) Where the capital sum payable to any person by 40 way of compensation is less than five hundred pounds such sum, with any interest due thereon, shall be paid by the Board in full to such person as soon as may be after the date of such sum being finally determined or A.D. 1927. As to dis puted compensation. (4) The Board, with the consent of the Secretary of State, may at any time agree with any person entitled to any capital sum by way of compensation for payment thereof in full, and the same shall thereupon be paid accordingly. 5 (5) Subject as hereinbefore provided, any capital sum payable to any person by way of compensation under this Act, with the interest thereon at the rate of five pounds per centum per annum, shall be paid by means of the issue to such person of a terminable annuity of 10 such amount as will be sufficient to discharge such sum and interest within such number of years as the Secretary of State may determine in each case: Provided that the said number of years shall not in any case exceed fifteen, and shall not in any case of compensation payable by 15 reason or in consequence of any resolution passed at the first poll taken under this Act in any area be less than twelve. (6) Every such annuity, together with any expenses incurred in connection with the issue thereof, and every 20 such capital sum shall be charged (a) Where the same is issued or paid by way of 25 compensation for loss arising by reason of an area becoming a no-licence area, upon the central fund and the income thereof; and (b) Where the same is issued or paid by way of compensation for property vesting in or acquired by the Board, or in respect of loss arising by reason of an area becoming a reorganisation area, upon the income of the Board and upon 30 the central fund and the income thereof. (7) Regulations may be made by the Secretary of State in respect of the form of any such annuity and the mode of issue thereof. 31. (1) No notice to treat need be served upon any person interested in any premises or property which vests in the Board under Part IV. of this Act, and sections one hundred and twenty-seven to one hundred and 40 thirty-two of the Lands Clauses Consolidation Act, 1845, shall not be incorporated with this Act, and, not withstanding anything to the contrary in any Act, all A.D. 1927. questions of disputed compensation arising under this Act shall, except where otherwise expressly provided by this Act, be determined by arbitration in the manner 5 provided by this Act. (2) Any question referred to arbitration by the provisions of this Act shall be referred to the arbitration of such person or body of persons as may be agreed by the parties, or in default of agreement appointed by the 10 Secretary of State from among the persons or bodies of persons to whom questions under the Acquisition of Land (Assessment of Compensation) Act, 1919, are by that Act referred, and such arbitrator shall have all the powers and authority of an arbitrator appointed 15 under the Arbitration Act, 1889. licences and 32. (1) After the passing of this Act and before Renewal of the expiration of fifteen years therefrom, notwith- old onstanding anything to the contrary in the Licensing grant of new (Consolidation) Act, 1910, it shall not be lawful for any licences. 20 authority to refuse the renewal of an old on-licence in respect of premises in a no-change area except on one or more of the grounds specified in the second part of the Second Schedule to that Act and the licensing justices shall have no power to refer the question of 25 the renewal of such licence to the compensation authority. (2) After the passing of this Act no justices' onlicence shall be granted in respect of any premises for a longer period than one year. 33.-(1) After the expiration of fifteen years from Re-granting 30 the passing of this Act and in each year thereafter, the of licences. application for the regrant of any justices' licence (including any old on-licence) shall, subject to the provisions of this Act, be treated as and be deemed to be an application for the grant of a new licence; and 35 no compensation shall be payable by reason of the regrant of any licence being refused and all provisions as to confirmation and all other provisions of the Licensing (Consolidation) Act, 1910, or any Act amending the same applicable to the grant of a new licence shall 40 apply accordingly: provided that there shall be no power to attach to the regrant of an on-licence any conditions for securing to the public the monopoly value 1.D. 1927. Transfer of District. (2) After the expiration of fifteen years from the passing of this Act and in each year thereafter, it shall be lawful for the licensing justices at a meeting con. vened for that purpose and to be held not less than twenty-one days before the General Annual Licensing 5 Meeting to fix by resolution the number of justices' on-licences to be granted at the next General Annual Licensing Meeting for their district and thereupon in the manner and at the times prescribed by rules to be made in that behalf by the Secretary of State to publish 10 notice of the said resolution and at the same time to invite tenders of the amounts which the applicants for such licences would be prepared to pay for the grant thereof for the year in question, the amount of which tender shall in no case be less than the amount of the 15 licence duty applicable to the premises in respect of which the licence is sought: and the justices may take into consideration the amount so tendered in deciding in respect of which premises licences should be granted for the ensuing year. 20 34.-(1) The Secretary of State may at any time after the establishment of the Board by order transfer to the Board all or any of the powers, rights, liabilities, and property exercisable by, attaching to, or vested in him by virtue of Part II. of the Licensing Act, 1921, 25 and may by such order declare that as from the date of the operation thereof the Carlisle State Management District defined in the Second Schedule to that Act shall become and be deemed to be a reorganisation area within the meaning of this Act, and that this Act 30 shall apply thereto accordingly. (2) Any such order may apply with such modifications and adaptations as the Secretary of State may think fit all or any of the provisions set out in the Fourth Schedule to the Licensing Act, 1921, and may provide 35 for any such adjustment as between the Secretary of State and the Board in respect of the property and liabilities affected by the order as may be required, and may contain any such incidental, consequential and supplemental provisions as may be necessary or expedient 40 for the purpose of placing each such State Management District under the control of the Board in like manner as if it were a reorganisation area, and of giving full effect to the provisions of this section, |