No. II.
An Act for repealing' the Laws now in force relative to the l icensing and regulat ing of Public-houses and for the bet ter regulat ing the grant ing of Licenses for the Sale of Ale Beer Wine Spirits and other Liquors in New South Wales in future. [20th February, 1826.]
| WH E R E A S t h e Laws | r equ i re A m e n d m e n t | A n d | whereas w i th th i s view i t is | expedient |
| for | l icensing | and | r egu la t i ng | Publ ic-houses |
| to repeal t h e A c t | of t h e Governor a n d Council n u m b e r four of t he |
| s ix th year of H i s present Majesty in t i tu led " An Act | to regulate | the |
"granting of Licenses for the Sale of Spirits Ale Beer and other " Liquors in New South Wales and Van Diemen's Land respectively " in as far as t h e same re la tes to t h e Colony of New South W a l e s and to enact o ther regula t ions and provisions in l ieu thereof N o w therefore
| be i t enacted by H i s Exce l lency t h e Governor of N e w Sou th W a l e s | by |
| and w i t h t h e advice of t h e Legis la t ive Council Tha t from | a n d | after |
T h u r s d a y t h e second day of M a r c h n e x t t h e said reci ted A c t shal l be and t h e same is he reby repealed except so far as m a y concern t he
| Colony of V a n Diemen ' s | Land . |
| 2. A n d be i t fu r ther enacted Tha t from a n d after t h e | said |
Thur sday t h e second day of M a r c h n e x t n o person or persons what soever shal l sell or re ta i l any Ale Beer or o ther M a l t L iquors or W i n e Cider Ginger Beer B r a n d y B u m or a n y other s t rong fermented or
| Spi r i tuous | L iquors | in | New Sou th W a l e s | in less | quan t i t y t h a n | five |
| gallons w i thou t first ob ta in ing a License in m a n n e r | and form | herein |
| after ment ioned | A n d if any person or persons shal l sell or re ta i l any |
such l iquors con t ra ry to t he t r u e i n t en t a n d m e a n i n g of th i s A c t he she or t hey shal l forfeit for every such offence t h e s u m of Twenty-five P o u n d s Ster l ing toge ther w i t h t h e costs of prosecut ion to be recovered
| in a s u m m a r y way | before any | Cour t | of Genera l or Q u a r t e r | Sessions |
| wi th in t h e said Colony of N e w South W a l e s or shall i n t h e | discretion |
| of such Cour t be impr isoned for a t e r m no t exceeding | four | m o n t h s |
| nor less t h a n | t h r ee | Provided a lways | t h a t | n o t h i n g | here in | conta ined |
| " have) deposited in th i s office a certificate from t h e Jus t i ces of t h e " P e a c e assembled a t on t h e day of in favour | " of |
shal l be deemed or t a k e n to apply to a n y person or persons supply ing his her or the i r free or assigned servant or servants labourer or labourers w i th a reasonable quan t i t y of a n y such l iquor as aforesaid nor to any person or persons who deals or deal in Ginger Beer and in no o ther l iquor and who reta i ls or re ta i l such Ginger Beer to persons
| s t and ing a t the i r counters between t h e t imes of sun-r ise a n d | sun-set . |
6. A n d be it fur ther enacted Tha t for every License for selling Ale Beer or o ther M a l t L iquors or W i n e Cider Ginger Beer B r a n d y B u m or any other s t rong fermented or Spir i tuous L iquors in any quan t i t i e s unde r five gal lons the re shall be pa id to t h e Colonial
| Treasurer of N e w South W a l e s t h e s u m of Twenty-five | Pounds |
| Ster l ing. |
| 4s. | A n d be i t fur ther enacted Tha t all Publ ic-house Licences as |
aforesaid shal l be issued from and registered in t h e office of t he Colonial Treasurer and shal l be to t h e effect of t he form following t h a t is to say—
| " Whereas A. B . of | (or A . B . and C. D.) h a t h (or |
" of h is (or her or the i r ) be ing a fit person (or fit persons) to keep a " Publ ic-house for t h e sale of Ale Beer or o ther M a l t Liquors or W i n e " Cider Ginger Beer B r a n d y R u m or any other s t rong fermented or
| " Spir i tuous L iquors | A n d whereas t h e | said A. B . (or &c.) h a t h | (or |
| " have) also pa id in to th i s | office t h e s u m of Twenty-five Pounds |
" Ster l ing a du ty imposed b y a n Act of H i s Excel lency L i eu t enan t " General R a l p h D a r l i n g wi th t h e advice of t h e Legislat ive Council of " th i s Colony upon all Licenses for t h e sale of Ale Beer or o ther M a l t " L iquors or W i n e Cider Ginger Beer B r a n d y R u m or any other " s t rong fermented or Spir i tuous Liquors t h e said A. B . (&c.) is (or " are) hereby licensed to keep a common I n n Alehouse or Vic tua l l ing- " house and to sell in t h e house in which he (or she or they) now " dwelleth (or dwell) be ing t h e sign of a n d in t h e premises " t he reun to be longing and no t elsewhere Ale Beer or other M a l t " L iquors or W i n e Cider Ginger Beer B r a n d y R u m or any other s t rong " fermented or Spir i tuous Liquors and t h e au thor i ty hereby g ran ted " is t o cont inue in force from t h e da te hereof un t i l t h e day of
| " | one t housand | e ight h u n d r e d and twenty- | a n d no | longer . |
| " | (Signed) | Colonial Treasure r . " |
| A n d before any such License shal l be valid for any purpose t h e same shal l be produced to a n d counters igned b y t h e Aud i to r | of |
| Colonial Accounts of N e w Sou th Wales . |
5. A n d be it fur ther enacted T h a t before any such License shal l be g ran ted t he r e shal l be lodged in t h e office of t h e Colonial Trea surer a certificate in t h e form and to t h e effect hereinafter ment ioned to be obtained from t h e Jus t ices of t h e Peace in Q u a r t e r Sessions or by special appo in tmen t assembled on Thur sday t h e second day of M a r c h in th i s present year one t housand e ight h u n d r e d and twen ty- six a n d on t h e first Thur sday in t h e m o n t h of M a r c h in every following year wi th in t h e district or township neares t to t h e house in tended to be m a d e a Publ ic -house as aforesaid and such certificate shall be to t h e effect of t h e form following t h a t is to say—
" These are to certify t h a t we have received a certificate signed " by t h e Chief Constable a n d th ree householders of t h e township of " se t t ing for th t h a t A . B . (&c.) is a person of good fame and " r epu ta t ion and fit and proper to keep a Publ ic -house and we have " t a k e n from t h e said A. B . a n d C. D . his sure ty a recognizance in t h e " form prescribed by an Ac t of H i s Excel lency L i eu t enan t General
| " D a r l i n g wi th t h e advice of t h e | Legislat ive | Council of t he | twen t i e th |
| " | day of F e b r u a r y | one t housand eight h u n d r e d | a n d twenty-s ix | a n d | do |
| " approve of his hold ing a License for t h e sale of Ale Beer or other |
| " M a l t L iquors or W i n e Cider Ginger Beer B r a n d y R u m or any | other |
| " s t rong fermented or Spir i tuous Liquors . |
" (L. S.)
" (L. S . )"
| A n d no such certificate shal l be valid unless t h e | Jus t i ce of t h e |
Peace l iv ing neares t t o t h e house in tended to be m a d e a Publ ic-house as aforesaid shall e i ther sign t h e same or have signified in wr i t ing his approval thereof.
6. A n d be i t fur ther enacted Tha t n o such certificate as afore said shal l be g ran ted before t h e appl icant or appl icants for t h e same shal l produce to such Jus t i ces assembled as aforesaid a certificate signed by t h e Chief Constable and t h r ee respectable housekeepers res iding wi th in such distr ict according to t h e t enor and form following t h a t is to say—
| " To the Worsh ipfu l t h e Jus t i ces of t h e Peace ac t ing in | and |
" for t h e Colony of N e w South Wales .
| " W e t h e unders igned Chief Constable and th ree householders " of t h e township or district of | do hereby certify t h a t A. B . |
" of
| " of | is a person of good fame and repu ta t ion and fit and |
" p roper to keep a Publ ic-house.
" Wi tnes s our hands
" Chief Constable .
" 1. " 2. " 3 . "
Nor shall any such certificate be g ran ted before t he appl icant or appl icants shall have paid to t he Clerk of t he Jus t i ces aforesaid t h e sum of half-a-crown and no more for t he same and shall have executed a recognizance to t h e effect of t h e form following t h a t is t o say—
" New South W a l e s to wit
| " Be it remembered t h a t on t he | day of | one |
| " t housand eight hundred and twenty- | A. B . of | and |
" C. D . of came personal ly before J . C. &c. Esqui res Jus t i ces " of t h e Peace in and for the said Colony and acknowledged themselves " to owe to our Lord t he K i n g to wit t he said A. B . t h e sum of (£50) " fifty pounds a n d the said C. J), t he s u m of fifty pounds of lawful " money of Grea t Br i t a in to be respectively levied of the i r several goods " and chat te ls lands and t enement s to t he use of our said Lord t he K i n g " H i s He i r s and Execu to r s in case default shall be m a d e in t h e per- " formance of any of t he conditions here under -wr i t t en .
| " T h e condit ion of th is recognizance is such t h a t whereas | t he |
" said A. B . is t o be licensed to keep a common I n n Alehouse or " Vic tual l ing-house and to sell Ale Beer and o ther M a l t L iquors and " W i n e Cider Ginger Beer B r a n d y B u m and any other s t rong fer- " men ted or Spir i tuous Liquors in t h e house where in he (she or they) " now dwells (or dwell) be ing the sign of in t h e distr ict or
| " township of | from the date hereof un t i l t he | day of |
" one thousand eight h u n d r e d and twen ty- if t h e said A. B . do keep " t he law in sell ing Ale Beer &c. in his or he r said house and premises " and shall no t pe rmi t any p lay ing a t cards dice or any o ther game in " his or her house or premises no r suffer any person to become d r u n k " a t any t ime or to remain the re t ipp l ing or d r ink ing after t he hour of " n ine a t n i g h t or on Sunday a t any hour a lways except ing modera te " refreshment to persons who m a y be bond fide t rave l l ing or who may " be inmates of t h e house nor suffer any disorder to be commit ted in his " her or the i r house or premises n o r refuse to admi t any Mag i s t r a t e or " Constable in to any pa r t of t h e said house or premises when he t h e said " A. B . and his family shall no t have ret i red to rest no r suffer any convict
| " on any other day for t he purpose of d r ink ing or gaming t h e n t h e | " to be in his or he r house on Sunday or after e ight o'clock a t n i g h t | " said recognizance to be void otherwise to r ema in in full force. |
" Taken and acknowledged t h e day and year first above-
| " wr i t t en before u s | J . C. &c." |
| 7. A n d be it fur ther enacted Tha t t h e Bench of Jus t i ces | shall |
on t h e l icensing day or days in each year receive all appl icat ions for Licenses w i th t h e certificates in suppor t thereof which shal l be pre sented to t h e m as aforesaid b u t t h a t it shal l never theless be lawful for t h e said Jus t i ces to g ran t Licenses to such persons only as in the i r j u d g m e n t upon t h e said certificates and upon other informat ion before t h e m shal l be ent i re ly unexcept ionable and likely to keep orderly houses .
8. A n d be i t fur ther enacted Tha t i t shall be lawful for t h e Governor or A c t i n g Governor some t ime previous to t h e day appointed for g ran t ing Licenses to fix t h e n u m b e r of Publ ic-houses in t h e several t owns of the Colony to be licensed for t h e year t h e n n e x t ensu ing and to signify t he same to t h e Benches of Magi s t r a t e s of t h e several distr icts
| respect ively | A n d | the | said | Mag i s t r a t e s | shall | l imi t | t h e | g r a n t i n g of |
| Licenses accordingly | A n d if t he r e shall be a reduct ion of t h e | n u m b e r |
of
of Licenses g ran ted for t h e preceding year t h e said Magis t ra tes are to select such houses as shall appear to them to have been kep t in t h e
| mos t | orderly | m a n n e r . |
| 9. A n d be it fur ther enacted T h a t every such License as afore said shal l unde r t h e provisions hereinaf ter ment ioned he val id for | one |
year or un t i l t h e n e x t l icensing day and no longer A n d t h a t a t t he n e x t l icensing day every such License upon the; appl icat ion of t h e holder or holders shal l be renewed before any new License shal l be g ran ted unless t he holder or holders of t h e License so requi red to be renewed shal l have been convicted of a breach of t h e said recognizance or shal l have so conducted himself herself or themselves as to be in t h e
| opinion of | t h e said Mag i s t r a t e s unfit to be aga in | licensed. |
| 10. | A n d be i t fur ther | enacted Tha t t h e executor or | admin i s t r a to r |
or t rus tees in insolvency of any person ho ld ing a License unde r th i s Act shal l be en t i t l ed to car ry on the business of t h e house so licensed as aforesaid w i thou t r enewing the same License du r ing six m o n t h s or u n t i l t h e n e x t l icensing day following t h e decease or legally declared
| insolvency | or t h e execut ion | and regis t ry of t h e t r u s t deed of | t h e |
| person or persons ho ld ing such License as aforesaid | Provided always |
| t h a t t h e License of such house shal l be subject t o t h e same | regula t ions |
| as if it h a d cont inued to be holden by t h e person or persons to | w h o m |
| t h e same was or iginal ly | g ran ted . |
| 1 1 . A n d be it fur ther | enacted T h a t any two Jus t i ces of t h e | Peace |
one of t hem be ing t h e neares t res ident Jus t i ce to t h e house licensed as aforesaid shal l have power to t ransfer such License to t h e appointee or appointees of t h e owners thereof he she or t h e y p roduc ing t h e l ike
| certificates | and | en te r ing in to all t h e engagemen t s in to which | t h e |
| or iginal | pa r ty | or par t ies ob ta in ing | t h e same | is | or a re b y th i s | A c t |
bound to produce and en te r in to .
| 12. A n d be i t fur ther enacted T h a t no person who shal l sell or sure ty in any recognizance to be en te red in to as aforesaid. | re ta i l | any ma l t or spi r i tuous l iquors shal l be received or t a k e n as |
| 13 . A n d be it fur ther | enac ted Tha t i t shal l be lawful for any | |
| Ju s t i c eo f t h e Peace or | any | Constable general ly au thor i sed by a Jus t i ce of |
t h e Peace in t h a t behalf to demand en t rance in to any Licensed Publ ic - house a t any hour by day or by n igh t provided t h e Pub l i can and his family be n o t re t i red to rest a n d if admi t t ance be n o t immedia te ly
| g r a n t e d t h e License shal l be forfeited | upon convict ion before a n y | two |
| Mag i s t r a t e s a n d no License shall aga in be g r an t ed to any person | who |
| shal l be so convicted of - refusing admi t t ance | Provided a lways t h a t | if |
| such admi t t ance be refused | before t h e h o u r of n ine a t n i g h t i t shal l be |
| lawful for such Jus t i ce or Constable to b reak in to such | Publ ic-house |
w i t h his ass is tants t o serve process or for any o ther lawful purpose.
14. A n d be it fur ther enacted T h a t whenever a Coroner ' s J ury shal l find t h a t a death has been caused by in toxica t ion in a Publ ic-house t h e keeper of such house shal l be deemed from t h e date of such finding to be unl icensed a n d no new License shall be g ran ted to h im.
15. A n d whereas by an Ac t of t h e Governor and Council of t h e
| fifth | year of h is p resen t Majesty n u m b e r | t h r ee in t i tu led | " An | Act | to |
| " prevent the harbouring | of Runaway | Convicts and the encouraging | of |
" Convicts tippling or gambling" i t is enac ted T h a t t h e occupier or possessor of every Licensed Publ ic-house who shall admi t or receive i n to his he r or the i r house a convict for t h e purpose of d r ink ing or gambl ing wi thou t t h e leave of his or he r overseer mas te r or mis t ress shal l pay to t h e K i n g a fine not exceeding Twenty Dol lars nor less t h a n F o u r Dol lars for every convict whom he she or t hey shal l so admi t or receive as aforesaid N o w be i t enacted by a n d wi th t h e au thor i ty a n d advice aforesaid T h a t no fine shal l be levied upon any Licensed Publ ican for en t e r t a in ing a convict or convicts unless it shal l be proved t h a t he
has
has so done on a Sunday or after e ight o'clock a t n i g h t on any other day of t h e week and in order to enforce fur ther t h e object of th i s provis ion be i t enacted t ha t every convict assigned to p r iva te indivi
| dua ls or in t h e employment of t h e Crown be ing in t h e s treet | or road |
| after | e ight o'clock a t n i g h t and no t h a v i n g | a wr i t t en pass from his or |
h e r employer or overseer or ca r ry ing a conspicuous l igh t shal l be t a k e n into custody and shal l be deemed gui l ty of disorderly conduct and dealt w i th as by law directed in such cases.
16. A n d be i t fur ther enac ted Tha t if t h e occupier or possessor of
any Licensed Publ ic -house shal l t a k e or receive from any person
whatever in p a y m e n t or in pledge for l iquor or for any e n t e r t a i n m e n t
whatsover supplied in his or her house any art icle of c lo th ing or slops or any tool or o ther ar t icle or t h i n g except ing t h e cur ren t coin or paper money of t h e Colony such occupier or possessor of a Publ ic - house so offending shall upon conviction before two Jus t ices for t he first offence forfeit t h e s u m of Twen ty Pounds Ster l ing a n d for t h e second offence h e or she shal l be depr ived of his or her License.
17. A n d be i t fur ther enacted Tha t it shall be lawful for any two or more of t h e Jus t i ces of t h e Peace in a s u m m a r y way to take cogni zance of any compla in t made aga ins t any person or persons licensed to keep a Publ ic -house as aforesaid for disorderly conduct in t h e keep ing such Publ ic-house or for p e r m i t t i n g any p lay ing a t cards dice
or any o ther game in his or her house or premises or for suffering any
person to become d r u n k a t any t ime or to r emain the re t ipp l ing or d r ink ing after t h e h o u r of n ine at n i g h t or on Sunday at any hour always except ing modera te ref reshment to persons who may be bond
fide t rave l l ing or who m a y be inmates of t h e house or for refusing as
aforesaid to admi t any Mag i s t r a t e or Constable in to any p a r t of t he said house or premises a n d upon t h e convict ion of any such person or persons i t shal l a n d may be lawful for such Jus t i ces a n d t h e y are hereby requ i red to cause t h e said person or persons so convicted to be prosecuted on his he r or the i r recognizances independent ly of t h e forfeiture of t h e License or Licenses in t he cases hereinbefore provided for A n d t h e said Cour t of Genera l or Quar t e r Sessions shal l have power and au tho r i t y to hold plea of all act ions or informat ions upon or concerning all recognizances entered in to unde r or by v i r tue of th i s L a w or Ordinance a n d all acts m a t t e r s and th ings touch ing t h e breach and forfeiture thereof and in case of conviction to levy t he
| pena l ty | or penal t ies the re in | expressed. |
| 18. A n d be i t fur ther | enacted | T h a t | no Jus t i ce or Jus t ices of |
| t h e Peace who shal l hold or have any in teres t i n any house licensed |
as a Publ ic-house shal l be capable of g r an t ing any License as aforesaid or s i t t ing in Sessions in any case touch ing or concerning t h e breach or forfeiture of any recognizance as aforesaid.