Excerpt from The Intoxicating Liquor Licensing Acts, 1872, 1874: Together With All the Alehouse, Beerhouse, Refreshment House, Wine and Beerhouse, Inland Revenue, and Sunday Closing Acts Relating Thereto, With Introduction, Notes, and Index

Selling under a void license.] A distinction is drawn between a license which purports on the face of it to be regular, and one which is intrinsically void. Thus, where a justice of the petty sessional division only was authorised to grant an occasional license under 25 26 Vict. C. 22, s. 13, to sell at other places than the inn, and a justice not of the proper division granted it, the holder was held not liable for selling without a license: Stevens v. Empson, 1 Ex. D. 100; 40 J. P. 484; 45 L. J. M. C. 63; 33 L. T. 821. So an excise license granted without the overseers' certificate, contrary to 3 4 Vict. C. 61, s. 2, was held not void, though it would have been if the holder was not the real resident holder and occupier Thompson v. Harvey, 4 H. N. 254; 28 L. J. M. C. 163; 23 J. P. 150. And where a license was produced, but one of the si atures of the justices was sug gested to be forged, though not y the license holder, the justices rightly refused to admit evidence of for cry, and held the license valid R. V. Minshul, 1 N. M. 278. O a beer license granted to a person who does not reside on the premises cannot usually be treated as void, though it may be voidable after obtaining a writ of certiorari under certain circumstances. And where a married woman clandestinely sold liquors without a license, the husband, who was not shown to know of her conduct, could not be treated as liable for her acts and so charged with the offence of selling without a license: Allen v. Lumb, 57 J. P. 376.

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