Things that Matter Concerning Billiards

III.—BILLIARDS AND THE LAW—(Continued)

In the first issue of The Billiard Monthly the law affecting billiards was laid down in eight propositions.

It is proposed in this article to adduce the law in support of proposition 7, which reads: "Billiards may be placed in beerhouses and all other public places licensed for the playing of billiards at all times without restriction. These Other public places do not include public houses, which do not require a license.

Billiards May be Played in Beerhouses After Closing Time

In Bent (appellant) v. Lester (respondent) [1888], 52 J.P., p. 389, it was decided by Field, J., and Wills, J., that a beerhouse keeper who has obtained a license to keep a billiard table, and allows billiards to be played after the closing hour for the beerhouse, is not liable to the penalty in 8 and 9 Vict., C. 103, S. 13, which applies only to victuallers licensed under 9 Geo. IV., C. 61.

Petty Sessions Facts

The billiard license was as follows.— "... and do not open the said house for play or allow any play therein after one and before eight o'clock in the morning, or keep it open or allow any play therein on Sundays, Christmas Day, or Good Friday, or on any day appointed for a public fast or thanksgiving, but do maintain good order and rule therein...."

The plan showed a door (marked A) giving direct access to the billiard room from New Bank Street and another door (marked B), which, when fastened, enabled such billiard room to be used independently of the rest of the licensed premises in which such billiard room was comprised.

On the 21st day of November, 1887, at half-past eleven o'clock at night, a police officer found the said outer door of the" Tank Inn "(that is to say, the door marked A on the said plan) unclosed, and on entering there by the billiard room he found Peter Statham and others playing semi-billiards at the table in that room. He also found the inner door (marked B in the said plan, which leads from the billiard room into the bar of the" Tank Inn " and to other parts of the licensed premises) closed.

It was also admitted before the justices (who were the justices at Strangeways, Manchester) that at the time of the officer's said visit there were no glasses or any intoxicating or excisable liquor in the said billiard room.

The further facts of importance, as set forth by the justices in the case stated for the Divisional Court, were The respondent was not a licensed victualler or publican under the Act of 1828, but a beerhouse keeper under the Act of 1830. The prosecution was dismissed before the justices, and the police in the name of Bent appealed.

The beerhouse keeper was the holder of a license to sell by retail beer, cider, and wine, for consumption on or off the premises called the" Tank Inn, "n pursuance of the Act II., George IV., and I. Wm. IV., C. 64 (that is, the Beerhouse Act, 1830), and Acts amending the same The license was for the sale of wine to be consumed either on or off the premises in pursuance of the Act of 23 Vict, C. 27, sections 7 and 8, and Acts amending the same. The license was from October 10 to October 10.

Argument

It was contended before the justices on behalf of the police that the/a beerhouse keeper was by section 3 of the Licensing Act, 1874, bound to close the whole of such licensed premises (including the said billiard room), not only for the sale of intoxicating liquors, but for all public purposes whatever at the hours specified in such section, notwithstanding that he was also duly licensed to keep on such premises or part thereof a public billiard table, and that he could not permit play at such table after his licensed premises were directed by law to be closed for the sale of intoxicating liquor, and that as he had permitted such play he was punishable under 8 and 9 Vict., C. 109, S. 13, as amended or varied by section 75 of the Licensing Act, 1872.

Appeal to the Divisional Court

Candy, Q.C., for the appellant (the police), contended that the magistrates were wrong. Though a beerhouse license might not ordinarily come within the description of a victualler's license, yet, inasmuch as the Wine and Beerhouse Act, 1869 (32 and 33 Vict., C. 32), S. 8, said that all licenses for beerhouses must be according to 9 Geo. IV., C. 61 (the Alehouse or Public House Act), this practically made the enactment in 8 and 9 Viet., C. 109 (the Gaming Act, 1845), S. 13, apply to beerhouses as well as public houses.

Wills, J. There is no incorporation of the Act of 9 Geo. IV., C. 61, in the 32 and 33 Viet., C. 32—merely a reference to the same procedure regarding licenses.

Field, J. The point is too clear against the appellant (police). The only victualler's license that could exist at the time of 8 and 9 Vict., C. 109, was the license granted under 9 Geo. IV., C. 61, and the beerhouse licenses were under different statutes passed before 8 and 9 Vict., C. 109. Wills, J., concurred.

The result of that case, therefore, is that public billiards can be played on Sundays in any place except public houses.

If anyone wishes to play billiards on Christmas Day he may do so in a public billiard room or in a beerhouse during the hours authorized for selling beer. If the billiard room is effectively separated off from the beer-selling department he may play billiards in a beerhouse for 24 hours a day and for 365 days in the year, notwithstanding the antiquated form of the Licensing Justices, probably drawn by some clerk to the justices in 1845, and never altered.