Act No. 38, 1902.
An Act to consolidate the enac tments for regu
la t ing the keep ing of billiard tables and
| bagatel le boards. | [20th August, | 1902.] |
| Assembly of N e w South Wales in Par l i ament assembled, and by the | BE i t enac ted by the K i n g ' s Most Exce l len t | t h e advice a n d consent of t he Legislat ive Council and | Legis la t ive |
Majesty, by and with
au tho r i t y of t he same, as follows :—
| 1 . This A c t m a y be cited as the | " Bill iards and Bagate l le Act , |
1902 . "
| 2 . | (1) | The A c t forty-five Victor ia n u m b e r twenty- four is hereby |
repealed.
| (2) | Al l certificates and licenses g ran ted unde r | t h e | au tho r i t y |
of t he A c t hereby repealed and subsis t ing a t t h e t ime of t he passing of th i s A c t shal l have force and effect as if th is A c t had been in force a t t he t ime t h e y were granted and they had been granted he reunder , and
| th is A c t shal l app ly to t h e m | accordingly. |
| 3 . | I n | this Act , unless t he con tex t | or sub jec t -mat te r | otherwise |
| indicates | or | r equ i res ,— |
| " l i c e n s e | for t he sale of l i q u o r " | means a l icense for | t h e | sale | of |
| l iquor | g ran ted unde r t h e Liquor | Act , | 1 8 9 8 ; |
| " p u b l i c a n ' s | l i c e n s e " | means | a | publ ican 's | license | gran ted | unde r |
4 . (1) A n y person being t h e holder of a publ ican ' s license,
desirous of keep ing bi l l iard-tables or bagatel le-boards in premises s i tuated w i th in t he l icensing jur isdic t ion of a l icensing cour t or l icensing
| magis t ra te , | cons t i tu ted | unde r | t he | L i q u o r | Act , | 1898, or | t h e | Newcas t le |
| Magis t ra tes | Ac t , | 1896, consolidated | in t he Jus t i ces Ac t , | 1902, m a y |
m a k e an appl ica t ion in wr i t ing in t he form or to the effect of t h e F i r s t Schedule he re to to such court or magis t ra te for a license to keep such tables or boards in such premises .
(2) A n y person be ing so desirous as aforesaid who is not the
| holder of a l icense for t h e sale of l iquor m a y m a k e a n appl ica t ion | in |
l ike m a n n e r , and such applicat ion shall be accompanied by a certificate a t t a ched to t h e appl icat ion in t he form or to t he effect of t he Second Schedule here to signed by six respectable householders resident in t h e l icensing distr ict where in the license is to be exercised or t h e app l ican t resides.
5 . Such cour t or magis t ra te may , if satisfied t h a t the appl ican t
is a person of good character , g r an t h i m a certificate in t he form of
| the Thi rd Schedule hereto, | 6 . |
| 6 . Such certificate shall , upon p a y m e n t to the Treasurer | or |
officer author ised in t h a t behalf of t h e proper l icense fee, ent i t le t he person to w h o m such certificate is g ran ted to receive a license of t he charac te r author ised by such certificate.
| 7 . | N o u n m a r r i e d | woman , no t be ing | a widow, shal l | be capable |
| of | ho ld ing a bil l iard or bagate l le l icense u n d e r th is | Ac t . |
8 . Such license shall author ise t h e licensee the re in named to
keep for h i re one or m o r e tables or boards for p lay ing t h e game of bill iards or bagate l le according to t he tenor of t h e license and to allow t h e same to be used—
| (a) | if t he licensee is t h e holder of a publ ican ' s license be tween t h e hours o f t en o'clock in t h e morn ing and eleven o'clock a t n i g h t ; |
| (b) | if the licensee is not the holder of a license for the sale of |
| l iquor | be tween | t h e | hour s of t en o'clock in t he m o r n i n g | and | |
| twelve o'clock a t | n igh t . | |
| 9 . | (1) E v e r y such license shal l be in t h e form of | t he | F o u r t h |
| Schedule here to , and shal l r ema in in force from t h e da te thereof | u n t i l |
| t h e | first | day of J a n u a r y n e x t following and shall be renewed | annua l ly . |
(2) («) The a n n u a l fee for each such l icense shall be t en
pounds .
(b) I n t h e case of a l icense gran ted after t he first day
of J u l y in a n y year t he fee shal l be five pounds .
| 1 0 . | (1) | A n y license g ran ted unde r th is A c t m a y be renewed or |
transferred, or removed f rom any place wi th in a l icensing distr ict to any other place wi th in such distr ict , on appl icat ion to a l icensing
| magis t ra te of t he dis t r ic t in which t h e license was | granted . |
(2) N o objection to any renewal , transfer, or removal shall be valid excep t object ions t a k e n in respect of t he character of t h e appl ican t or proposed transferee, or t ha t t he license has been allowed to expire , or been forfeited or cancelled.
(3) Subjec t to t he provisions of th is section t he appl icant
| for a r enewa l shal l on produc t ion of his l icense be ent i t led to obta in a |
certificate au thor i s ing such renewal , subject to the p a y m e n t to t h e Treasurer or officer authorised in t ha t behalf of t he a n n u a l license fee
| payable | u n d e r | th is | Act . |
(4) A license may be t ransferred or removed by endorsement u n d e r t h e h a n d of t h e l icensing mag i s t r a t e , as in t he case of a publ ican ' s license, and t h e fee payab le for any such endorsement shall be one pound .
1 1 . I n any case where a l icensee u n d e r th is A c t has been twice
convic ted—
| (a) | of un lawfu l ly sell ing l iquor ; |
| (b) | | keep ing a disorderly | h o u s e ; | |
| (c) p e r m i t t i n g persons of notoriously bad charac ter | to be | upon |
| the | p r e m i s e s ; | (d) |
| (d) | p e r m i t t i n g | unlawful | g a m i n g | in | his p r e m i s e s ; | or |
| (e) | any offence aga ins t th is Ac t , |
| any l icense g ran ted unde r th is A c t shal l he liable | to cancel la t ion | in |
t h e same m a n n e r on compla in t of t he same persons b y t h e same procedure a n d wi th t he same resul ts as if it were a publ ican ' s l icense.
1 2 . The provisions conta ined in the seventy-seventh and seventy-
n i n t h sections of t he L iquor Act , 1898, re la t ing to the exercise of a deceased licensee's business by his representa t ives and for m a k i n g provision for the exercise of a licensee's business on his becoming a n insane pa t i en t shall respectively app ly to every person holding a license
| u n d e r | th i s | Act . |
| 1 3 . | T h e bui ld ing or room where in any bi l l iard- table or bagate l le- |
board is k e p t for h i re by any person hold ing a license u n d e r this Ac t au thor i s ing h im in t h a t behalf shall be deemed to be " licensed p r e m i s e s " wi th in t he m e a n i n g and for t he purposes of the e ighty- th i rd , ninety-first , a n d one h u n d r e d and first sections of the L iquor Act , 1898.
| 1 4 . | (1) E v e r y | person hold ing a license u n d e r this A c t | shall |
have -and keep pa in ted in le t ters a t least two inches long on the front of his premises , or, in case he occupies a por t ion only of a bui ld ing , on t h e f ront or en t rance door of every room in which such licensee keeps a bi l l iard- table or bagatel le-board, his n a m e in full, w i t h the words,
| " L i c e n s e d | to | keep | bi l l iard- tables ," | or | " L i c e n s e d | to | keep | bagate l le- |
boards , " as t he case m a v be.
(2) E v e r y such person who neglects to comply wi th t he
r equ i r emen t s of th is section shall for t he first offence be l iable to a
pena l ty n o t exceeding forty shill ings, and for any subsequen t offence
| to a pena l ty n o t exceeding ten pounds nor less t h a n forty | shil l ings. |
| 1 5 . | E v e r y person holding a license unde r th i s Ac t | w h o — |
| (a) pe rmi t s or allows a bi l l iard-table or bagatel le-board | on his |
| l icensed premises to be used a t any o ther t ime t h a n du r ing the |
| hours pe rmi t t ed by this Act , or upon | Sunday, Chr i s tmas | L a y , |
| or Good F r iday ; or |
| (b) | knowing ly permi ts any person unde r t he age of e ighteen years to p lay on any such table or board, |
shal l , for t h e first offence, be l iable to a pena l ty not exceeding ten pounds and not less t h a n forty shi l l ings, and for every subsequen t offence to a penal ty not exceeding t h i r t y nor less t h a n t en pounds .
| 1 6 . | Whosoever , no t be ing t h e holder of a license u n d e r th i s | A c t |
au thor i s ing h i m in t h a t behalf, keeps any bi l l iard-table or bagate l le - board for h i re or profit shal l for t h e first offence be l iable to a pena l ty n o t exceeding ten pounds nor less t h a n for ty shil l ings, and for every
| subsequen t offence to a pena l ty not exceeding t h i r t y nor less t h a n | t e n |
| pounds . | 1 7 . |
1 7 . The provisions of t he L iquor Act , 1898, as amended by t h e
| Ac t | No . 7 1 , 1 9 0 0 , consolidated | in t h e Jus t ices | Act , | 1902, re la t ing | t o — |
| (a) | t h e recovery of penal t ies ; |
(b) appeals from convict ions and orders ;
| (c) | l imi ta t ion of act ions and informat ions ; |
(d) compensat ion for groundless charges ;
(e) proof of be ing licensed ;
| ( / ) | appropr ia t ion | of | pena l t i e s ; |
| (g) | p a y m e n t | of fees and | o ther | m o n e y s ; |
shall be appl icable for all the purposes of th is Ac t .
S C H E D U L E S .
| F I R S T | S C H E D U L E . |
| Form of application | for a billiard or bagatelle | license. |
| To the l icensing cour t* of | t h e l icensing dis t r ic t (or t he l icensing magis t ra te of | such |
distr ict . )
| I , A .B . , now residing a t | in t he l icensing distr ict of |
in N e w Sou th W a l e s do hereby give notice t h a t it is my in ten t ion to apply to t h e l icensing cour t to be holden on the of for {state the
| character | of license applied | for). |
| Given u n d e r my hand this | day of | 19 |
| {Name and address of | applicant.) |
* If application is made to a licensing magistrate alter the form accordingly.
| S E C O N D | S C H E D U L E . |
| Form of certificate | to be attached to the application | for a billiard or baqatelle | license. |
W E he reby certify tha t we are well acquain ted with A.B. , the above appl icant , and know
| him to be a respectable person and fit to hold a | license. |
| Name. | Address. |
| (1) | C D . |
| (2) | E . F . |
| (3 ) | G.H. |
(4) .J.K. (5) L . M .
THIRD
| T H I R D | S C H E D U L E . |
| Certificate | to authorise the issue of a billiard or bagatelle | license. |
I , THE unders igned, being the chairman of the l icensing cour t holden a t
| on t h e | day of | one thousand n ine h u n d r e d | and | do | he reby |
| author ise t he issue to | of a | l icense for [here state all | particulars |
| as to applicant | and premises, | description | of license, and all other information | necessary | for |
| the ascertainment | of the proper fee to be paid.] |
| Given under my hand and seal the | day of | one thousand n ine |
hundred and
| (L .S . ) | A.B. , Chai rman | &c. |
| F O U R T H | S C H E D U L E . |
Form of billiard or bagatelle license.
| W H E K E A S | the l icensing court , holden | a t | on t he | day of | one |
| thousand n ine hundred and | have [or t he l icensing magis t ra te a t |
| on t he | day of | has] by the i r [or his] certificate dated t he said |
| day of | author ised the issue to | of | a billiard [or bagate l le] license |
| for t he house s i tua te a t | in t he Sta te of New | South W a l e s . | A n d whereas | the |
| said A . B . ha th paid t he sum of | s ter l ing as t he fee on such license : Now I do |
hereby declare t h a t t he said is l icensed to keep, set up , and mainta in billiard [or bagate l le] tables or boards in t he said house, bu t no t elsewhere, to be used only dur ing
| lawful hours . | A n d th is l icense shall commence upon t h e | day of |
| and con t inue in force un t i l t he | day of | then nex t ensuing, both days |
inclusive, provided it be no t forfeited in the meant ime.
| Given u n d e r my hand a t | this | day of | one thousand |
Treasure r [or officer author ised to issue l icenses] .