401. Public house or tavern.

A covenant against the use of premises as a 'public house, tavern or beershop' is broken by the sale under an off-licence of beer not to be drunk on the premises1; and a covenant against carrying on the trade of an innkeeper, publican or seller by retail of wine, spirits or beer is broken by the sale of those liquors by a grocer in the course of his trade2, or by the tenant of a theatre3. A covenant against the use of premises as a 'public house or beershop', where the premises are used as a private hotel and