No. IV.
An Act to regulate the grant ing of Licenses for
the Sale of Spirits Ale Beer and other Liquors
in New South Wales and Van Diemen's Land
| respectively. | [8th February, | 1825.] |
| charac ters of t h e occupiers thereof should be subject to s t r ic t examina | WH E R E A S it is necessary to t he orderly conduct of Publ ic -houses where s t rong l iquors are sold by retai l t h a t t h e |
| t ion A n d whereas i t is expedient in consideration of t he Licenses to be g ran ted to such Publ ic-houses to raise cer tain sums of money in aid of t he funds expended in the Colony Now therefore be it enacted |
| by H i s Excel lency t h e Governor of t h e Colony of New South | Wales | |
| wi th t he advice of t he Council t h a t no person or persons | whatsoever | |
| shal l sell or retai l any mal t or spi r i tuous or other fermented s t rong l iquors in New Sou th Wales or t h e Dependencies thereof in less quant i t i es t h a n live gallons wi thou t first obta in ing a License in manne r and form hereinafter ment ioned and if any person or persons shall sell or retai l any such l iquors contrary to t he t rue in ten t and mean ing of th i s Ac t he she or they shall forfeit for every such offence t h e sum of One H u n d r e d Dol lars together w i t h t he costs of prosecut ion to be recovered in a s u m m a r y way before any Cour t of General or Q u a r t e r Sessions wi th in t h e said Colony of New South Wales or V a n Diemen ' s Land . |
| 2. A n d be it fur ther enacted That for every License for selling Ale Pee r or other Mal t L iquors or Cyder in any quan t i ty unde r Ave gallons there shall be paid to t he Colonial Treasurers of New South Wales and V a n Diemen's L a n d respectively t h e s u m of Twenty Dollars and tha t for every License for selling Ale Pee r or other Mal t L iquors or Cyder Brandy R u m W i n e or any other Spir i tuous Liquors in any quan t i t y under five gallons there shall be paid to t he Colonial Treasurers of New South Wales and V a n Diemen 's L a n d respectively t he s u m of One H u n d r e d Dollars Provided always t h a t no th ing here inbefore contained shall be deemed or t aken to apply to any person or persons supply ing his her or thei r assigned servant or servants wi th any such l iquors as aforesaid. |
3. And be it fur ther enacted Tha t all Publ ic-house Licenses as
aforesaid shall be issued from and registered in the office of t he
Colonial Treasurer and be to t he effect of t he form m a r k e d Append ix |
| |
| 4. A n d be it fur ther enacted Tha t before any such Licenses shall be granted a certificate to t he form and effect hereinafter ment ioned shall be obtained from t h e Jus t ices of t he Peace in Qua r t e r Sessions or by special appo in tment assembled on the n ine teen th day of F e b r u a r y next a n d on the first Thursday in every m o n t h of March in every following year wi th in the district or township nearest to the house in tended to | be | |
be made a Publ ic-bouse as aforesaid and no such certificate shall be valid unless t he Jus t i ce of the Peace l iving nearest to t he said house shall ei ther sign t he same or have signified in wr i t ing his approval thereof A n d t h e said certificate shall be to t he effect of t he form marked Append ix (B) he reun to annexed.
5. A n d be it fur ther enacted Tha t no such certificate as afore said shall be g ran ted before t he appl icant or appl icants for t he same shall produce to such Jus t ices assembled as aforesaid a certificate signed by the Minis te r of t he Church of E n g l a n d (in case any Minis te r shall officiate wi th in t he district for which such License is demanded) t h e Chief Constable and three respectable housekeepers residing w i th in such district according to t he tenor and form marked Append ix (C) he reun to annexed A n d shall also execute a recognizance to t he effect of t h e form m a r k e d Append ix (D) hereunto annexed and have paid to t h e clerk of t h e Jus t i ces aforesaid t he sum of one-half dollar and no more for t h e certificate g ran ted by such Jus t ices as aforesaid.
6. A n d be it fur ther enacted Tha t before any Licenses shall be valid for any purposes t he same shall be produced to t he Commissary of Civil Accounts for New South "Wales and V a n Diemen ' s L a n d respectively and be counters igned by such respective Commissary.
| 7. A n d be it fur ther enacted Tha t such Licenses as aforesaid shall be valid for one year or un t i l t he nex t l icensing day and | n o |
longer A n d t h a t no Licenses as aforesaid shall be refused to be renewed except on proof of t he holder or holders thereof hav ing been convicted of a breach of t h e said recognizance as hereinafter ment ioned.
8. A n d be it further enacted That the executor or admin i s t r a to r
or t rus tees in insolvency of any person holding a License unde r th i s
Ac t shall be ent i t led to carry on t h e business of the house so licensed
| as aforesaid wi thou t renewing the same License du r ing six m o n t h s | or |
| un t i l t he nex t l icensing day following the decease or legally | declared |
| insolvency or t he execut ion and regis t ry of the t r u s t | deed of | t h e |
| person or persons holding such License as aforesaid. |
9. A n d be it fur ther enacted Tha t any two Jus t ices of t h e Peace one of t h e m being the neares t resident Jus t i ce to t he house licensed as aforesaid shall have power to t ransfer such License to t he appointee or appointees of t he owners thereof he she or they producing the l ike certificates a n d en te r ing in to all t he engagements in to which the original pa r ty or par t ies ob ta in ing the same is or a re by th is Act bound to produce and enter into.
| 10. A n d be it fur ther enacted T h a t no person who shall sell or |
| re ta i l any | m a l t | or | spi r i tuous l iquors shall be received or t a k e n | as |
sure ty in any recognizance to be entered in to as aforesaid.
1 1 . A n d be it fur ther enacted Tha t it shall be lawful for any
two or more Jus t ices of t h e Peace in a s u m m a r y way to t ake cogni zance of any complaint m a d e against any person or persons licensed to keep a Publ ic-house as aforesaid for disorderly conduct in t h e keeping of such Publ ic-house and upon the conviction of any such person or persons to impose upon such person or persons for t he first conviction a fine not exceeding Six Dollars for t he second conviction a fine no t exceeding Twelve Dol lars and for t he th i rd conviction to suspend t h e License of such person or persons un t i l t h e nex t meet ing of t he Cour t of General or Q u a r t e r Sessions for t he distr ict wi th in which such offences shall have been commit ted and it shall be fur ther lawful for such Jus t ices and they are hereby required to cause t he said person or persons convicted by t h e m of such th i rd offence to be prosecuted on his he r or the i r recognizances A n d t h e said Court of General or Qua r t e r Sessions shall have power and au thor i ty to hold plea of all actions or informations upon or concerning all recognizances entered into under and by vir tue of th is Law or Ordinance and all acts ma t t e r s
and
and t i l ings touch ing t h e breach or forfeiture of such recognizance to levy the penal ty or penalt ies there in expressed and fur ther in t he dis cret ion of such Court of General or Qua r t e r Sessions to suspend the License of every such person or persons as aforesaid for such t ime as shall seem fit or to rescind and m a k e void t h e same al together and if such License shall be rescinded and made void t he same shall no t be renewed or regran ted to t he pa r ty or par t ies so losing the same un t i l after th ree years from t h e loss of such License.
12. A n d be it fur ther enacted That no Jus t ice or Jus t ices of t he Peace who shall hold or have any interest in any house licensed as a Public-house shall be capable of g ran t ing any License as aforesaid or s i t t ing in Sessions in any case touch ing or concerning the breach or forfeiture of any recognizance as aforesaid.
13. A n d be it further enacted Tha t all fines which shall be paid
or levied under th is Act shall be paid appropr ia ted and accounted for
in t he same m a n n e r as in and by a cer ta in Act of t he Governor in
| Council in t i tu led " An Act to prevent | the harbouring | of Runaway | Con- |
| " victs and the encouraging | of Convicts tippling | or gambling" | is |
| directed and prescribed. |
| Form | of License to be issued from the Treasurer's | Office. |
| " W h e r e a s A . B . of | (or A . B . and C. D . ) ha th (or h a v e ) | deposi ted |
" in t h i s office a certificate from the J u s t i c e s of the Peace assembled at
| " on the | day of | in favour of h is (or her or the ir ) b e i n g | (fit |
" persons or) a fit person to keep a Publ ic -house for the sale of
" A n d whereas the said A . B . (or &e ) hath (or have) also paid in to t h i s office the sum of
" Dol lars a duty imposed by an A c t of H i s E x c e l l e n c y Sir T h o m a s Br isbane
" w i t h the advice of the Council of th is Colony upon all L icenses for the sale of Mal t or
" Sp ir i tuous L iquors (as the case may be) the said A . B . (&c.) is (or are) hereby l icensed to
" keep a common I n n A l e h o u s e or Vic tua l l ing-bouse and to sell in the bouse in which he
" (or she or t h e y ) now dwel le th (or dwe l l ) and in the premises thereunto be long ing and not
" e lsewhere A l e P e e r &c. (or as the case m a y be) and the author i ty hereby granted is to
| " cont inue in force from the date hereof unt i l the | day of |
| " 1 8 2 | and no longer. |
| " ( S i g n e d ) | Colonial | Treasurer. |
| " | (Counter s igned) | Commissary | of | Civi l | A c c o u n t s . " |
| Form of Certificate | to he signed by the Justices | of the Place and delivered | by the | Applicant |
| for a License to the Colonial | Treasurer. |
" These are to certify that we have received a certificate s igned by the Mini s ter (or " not as the case may b e ) Chief Constable and three householders of the Townsh ip of " that ( A . B . &c.) is a person of good fame and reputat ion and fit and " proper to keep a Publ ic -house and we have taken from the said A . B . and C. D . his surety
| " a recognizance in the form prescribed by an A c t of H i s E x c e l l e n c y Sir T h o m a s Br isbane |
" in Counci l of the 8 t h day of February 1 8 2 5 and do approve of h is ho ld ing a L icense for
" the sale of A l e B e e r &c. (as the case m a y b e ) .
| « ( L . | S . ) |
| " ( L . | S . ) " |
| Form of Certificate | to he signed by the Minister | {or not as the case may he) the Chief | Con |
| stable and three householders | of the District | in which the house is situated for which a |
| License is applied for or of the District | or Districts | in which the Applicant | (or | Appli |
| cants) has (or have) last lived. |
| " To the Worshipfu l the J u s t i c e s | of the Peace ac t ing in and for the Colony |
| " | of N e w | South | W a l e s | (or V a n | Diemen ' s | L a n d ) . |
" W e the unders igned Minis ter (or not as the case may be) Chief Constable and
| " three householders of the Townsh ip (or Di s t r i c t of | ) | do hereby certify |
| " that A . B . of | is a person of good fame and reputat ion and fit and proper |
| " to keep a Publ ic -house . |
| " W i t n e s s | our | l iands |
| Minis ter | of the | Church of | E n g l a n d . | |
"
"
| Form of Recognizance | to he entered into before the Justices | shall grant their | Certificate. |
| " | N e w | South | W a l e s | ( t o | w i t ) . |
| " B e i t remembered that on t h e | day of | 1 8 2 |
| " A . B . of | and C. D . of |
" (a s u r e t y ) came personal ly before J . C. &c. E s q u i r e s J u s t i c e s of the P e a c e in and for the " said Colony and acknowledged themse lves to owe to our Lord the K i n g to w i t t h e said " A . B . the sum of T h i r t y P o u n d s and the said C. D . the sum of Th ir ty P o u n d s of lawful
| " m o n e y of | Great B r i t a i n to be respect ive ly levied of the ir several goods and chat te l s | l ands |
| " and t enements to the use of Our said Lord | the | K i n g | H i s H e i r s | and E x e c u t o r s | in | case |
" default shall be made in the performance of any of the condit ions hereunder w r i t t e n .
" T h e condi t ion of t h i s recognizance is such that whereas the said A . B . is to bo " l icensed to keep a c o m m o n I n n A l e h o u s e or V ic tua l l ing -house and to sell A l e B e e r &c. ( a s " the ease m a y b e ) in the house where in he ( she or t h e y ) now dwel l s be ing the s ign of " in Di s t r i c t (or T o w n s h i p ) of from the date hereof u n t i l " the day of 1 8 2 I f the said A . B . & c. do keep the Law in s e l l ing " A l e B e e r &c. in his said house and premises and shal l no t permi t any p lay ing a t cards " dice or any other game in h i s house or premises nor suffer any person to become drunk at " any t i m e or remain there t i p p l i n g or d r i n k i n g after the hour of n ine at n i g h t or on S u n d a y " at any hour nor suffer any disorder to be c o m m i t t e d there in nor refuse to admit any " Magis trate or Constable into any part of the said house or premises t h e n the said recog- " n izance to be void otherwise to remain in full force.
" T a k e n and acknowledged the day and year first above-written before us
" J . C. .fee."