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202
Previously, in a communication to the Council, dated 7th
October, attention had been drawn to an application for renewal
of the license of a cow-house made by A, who does not keep cows,
on premises occupied by B, who is the owner of the cows. This
case was deferred for enquiry. At the adjourned meeting the
new license was granted to A, who has no intention of occupying
them. In the same communication your Vestry expressed a
desire to "learn the views of the Council as to the legality of the
practice of persons who use licensed premises without a license—
whether it be (1) by taking over the business of a licensee, or (2) by
taking the premises from the licensee, or (3) by arrangement with
the licensee " for the casual or regular use of his premises. In their
reply, the Council pointed out "that it was the practice throughout
the various licensing divisions into which the metropolis
was divided" (i.e., prior to the passing of the Act which
transferred the licensing powers from the Justices to the Council),
"to regard the licenses as being licenses to use certain premises
as places for slaughtering cattle or keeping cows, as the case may
be." The Council further observed that it had "not been found
convenient to regard the licenses as being only for the use of the
particular persons who may have applied for them, and this view
appeared to be in accordance with the terms of the 93rd section,
25 and 26 Vic., cap. 102; as an offence against the section only
arises if any person uses as a slaughter-house or a cow-house any
place which has not been licensed. The practice," it was added,
had "been found to work well, and the Council considered it would be
a great and unnecessary restriction on the trades, if the licenses
were to be regarded as merely personal ones, and if on any change
of occupant a new license had to be obtained." With reference to
the foregoing observations, I may venture to state that in the
Kensington Division, it was never "the practice ... to
regard the licenses as being licenses to use certain premises" for
the conduct of the business by other persons than the licensees;
but it was the practice of the Justices to appoint a particular day
for the transfer of the license, when a business had been transferred,
or the trade had come to be carried on by any other person than