Australian Wine Sales Amendment Act of 1876 No 25a (NSW)

No. VII.

An Act to amend the " Sale of Colonial Wines Regulation Act of 1862." [9th August, 1876.]

WH E R E A S it is expedient to amend the " Sale of Colonial Wines Regu la t ion A c t of 1 8 0 2 " Be i t therefore enacted by the	Queen 's Most Excel len t Majesty by and wi th t he advice and consent of
t h e Legislat ive Counci l and Legislat ive Assembly of New South Wales in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows:—•
1. The " Sale of Colonial Wines Regu la t ion A c t of 1862" here­ inafter called t h e Pr inc ipa l Ac t shall be and the same is hereby amended
in t he several par t icu lars hereinafter contained.
2. Every license unde r t he said Ac t to sell Colonial wine by re ta i l shall be g ran ted only by t h e Jus t ices s i t t ing in a Cour t of P e t t y Sessions holden nearest to t he premises sought to be licensed which Court shall a t t he ins tance of any appl icant be convened by t h e clerk of such Cour t and no t less than three Jus t i ces shall form a q u o r u m therea t and the fee payable for any such license shall be received by such clerk and be by h im for thwith t ransmi t t ed to t h e Colonial Treasurer N o such license shall be g ran ted to any person w h o m the Jus t ices or t h e majori ty of t h e m shall no t believe to be of good charac ter nor in respect of any premises which they shall t h i n k objectionable or which shall no t in thei r opinion be of t h e annua l value if in a township of th i r ty pounds or if elsewhere of the annua l va lue of fifteen pounds and they m a y gran t or refuse a license in every
case as they shall t h i n k fit.
3 . Eve ry license gran ted a t any such Cour t shall be in t he form prescribed by the Pr inc ipa l Ac t or as near there to as t he case m a y requi re or as the Governor in Council may direct and shal l au thor ize t he licensed person to sell by retai l on t he licensed premises b u t no t elsewhere Aus t ra l ian wine b u t not any o ther k ind of l iquor and he may allow the same to be consumed on such premises if the purchase r shall so desire Provided tha t no such purchaser or o ther person dr ink ing wine there not be ing an inmate of t he dwell ing shal l remain or be on the premises except on one of t he days and wi th in t he hours specified in t he four teenth section of t he said Act .

k ind or any wine other t h a n Aus t ra l ian wine or any of such last- ment ioned wine of a greater degree of s t r eng th t h a n th i r ty per cent, of proof spiri t to be a t any t ime kep t or to be upon his licensed premises or to be supplied the re in to any person unde r a pena l ty of not less t h a n five

4 . N o licensed person shall pe rmi t any spir i tuous l iquor of any

five pounds nor more t h a n fifty pounds and all such prohibi ted l iquor or wine found upon any such premises shall on conviction of t he offender be liable to forfeiture.

5. Eve ry constable or officer in t he Police hav ing reasonable

cause to suspect t h a t any provision of th is Act is infringed in or on any such licensed premises m a y lawfully enter t h e same and the re search for spir i tuous l iquors or prohibi ted wines which he may believe to be kep t on t he premises a n d m a y seize and remove all such l iquors and wines as shall be found there .
6. I f any person licensed as aforesaid shall wi th in t he space of twelve m o n t h s be convicted a second t ime of any offence under this or t h e Pr inc ipa l A c t and ne i ther of such convictions shall be reversed on appeal his l icense shal l become void and he shall no t be capable of ho ld ing a license un t i l two years after t h e da te of the last conviction shall have expired.

7. No twi ths t and ing t h e twelfth section of t h e Pr inc ipa l A c t

i t shall be lawful for every person licensed unde r t he " Sale of Liquors Licensing Act of 1862 " commonly called t h e Publ ic-house A c t to sell Aus t r a l i an Avine by retai l a l though not also licensed under th is or t he

first-mentioned Act .

8. A n y two Jus t ices si t t ing in P e t t y Sessions m a y by wr i t ing

unde r the i r hands counters igned by t h e P e t t y Sessions Clerk of t h e

Dis t r ic t in which t h e license was granted pe rmi t t h e licensed person

on specified days or for a s tated n u m b e r of days to re ta i l Aus t r a l i an wine a t any race fair or other publ ic mee t ing ment ioned in such AArriting bu t subject in all o ther respects to t h e provisions of this and t h e Pr inc ipa l A c t so far as they shall be applicable for which permis­ sion and for recording t h e same t h e fee of t en shillings shall be paid.

9. Al l penal t ies unde r th i s A c t m a y be recovered and eA r ery

person shall be ent i t led to appeal from any convict ion or decision unde r i t in t h e manne r provided by t h e Pr inc ipa l Act all t he o ther enac tmen t s of which as far as may be and so far as t hey are not hereby al tered shall be applied to and read in connexion Avi th th is Ac t t h e same as if bo th Acts formed one Ac t only.

10. This A c t m a y be cited as t h e " Aus t ra l i an W i n e Sales

A m e n d m e n t A c t of 1 8 7 6 " A n d the Avords "Co lon ia l Av ine" or

" A u s t r a l i a n w i n e " i n th i s A c t shall be t aken to include cider and perry all be ing exclusively manufac tured Avithin and t h e produce of fruit g rown in th i s Colony.