The Wine and Beerhouse Act 1869 reintroduced the stricter controls of the previous century. The sale of beers, wines or spirits required a licence for the premises from the local magistrates. Further provisions regulated gaming, drunkenness, prostitution and undesirable conduct on licensed premises, enforceable by prosecution or more effectively by the landlord under threat of forfeiting his licence. Licences were only granted, transferred or renewed at special Licensing Sessions courts, and were limited to respectable individuals. Often these were ex-servicemen or ex-policemen; retiring to run a pub was popular amongst military officers at the end of their service. Licence conditions varied widely, according to local practice. They would specify permitted hours, which might require Sunday closing, or conversely permit all-night opening near a market. Typically they might require opening throughout the permitted hours, and the provision of food or lavatories. Once obtained, licences were jealously protected by the licensees (who were expected to be generally present, not an absentee owner or company), and even "Occasional Licences" to serve drinks at temporary premises such as fêtes would usually be granted only to existing licensees. Objections might be made by the police, rival landlords or anyone else on the grounds of infractions such as serving drunks, disorderly or dirty premises, or ignoring permitted hours.

What law mandated a license from the local magistrate to sell beer?