Licensed Publicans Act 1835 No 13a (NSW)

No. VIII.

An Act to alter and amend an Act of the Governor with the advice of the Legislative Council passed in the Third Year of the Reign of His present Majesty intituled " An Act for

" and Spirituous Liquors in New South Wales" A n d whereas i t is expedient to repeal cer ta in pa r t s of t he said recited Ac t and to al ter and amend t h e said A c t in t he several par t icu la rs hereinafter ment ioned Re i t therefore enacted by H i s Excel lency t h e Governor of N e w South W a l e s w i t h t h e advice of the Legislat ive Council thereof Tha t from and after the pass ing of th i s Ac t so m u c h of t he said reci ted Ac t as relates to

" licensing Public-houses and for regulating

" the Retail of Fermented and Spirituous

" Liquors in New South Wales."	[9th October,
1835.]

WH E R E A S an Act was passed by t h e Governor of N e w W a l e s wi th t h e advice of t h e Legislat ive Council in t he th i rd

South

year of t h e re ign of H i s present Majesty in t i tu led " An Act for

" licensing Public-houses and for regulating the Retail of Fermented

to persons supply ing his her or the i r own assigned servants or laborers

w i t h fermented or spi r i tuous l iquors and so m u c h of t h e said recited

Ac t as relates to t h e g r a n t i n g of licenses in cases where th ree qualified Jus t ices of any town or district shall no t be present at twelve of t he clock of t he day a t t he Cour t -house or o ther place appoin ted for the mee t ing of such Jus t i ces and so m u c h of t h e said reci ted Ac t as relates to t h e disqualification of persons to hold licenses or t o be sureties unde r t h e said Ac t a n d so m u c h of t he said Ac t as re la tes to the regula t ion as to t h e en te r t a inment of convicts and so m u c h of t h e said reci ted Ac t as relates to t h e recognizances to be executed b y par t ies app ly ing for licenses for t h e sale of fermented or sp i r i tuous l iquors (except in so far as any act m a t t e r or t h i n g already done or commenced to be done u n d e r and b y v i r tue of t h e same) shall be and t h e said recited pa r t s of t h e said A c t are hereby repealed.

2. A n d be it hereby fur ther enacted Tha t whenever a t any of t h e meet ings to be holden for any t o w n or distr ict as in t h e said reci ted A c t is directed t h r ee Jus t i ces w ho are qualified to proceed u n d e r t h e said recited Act or th i s p resen t Ac t shall no t be present by twelve of t h e clock of t h a t day a t t h e Cour t -house or o ther place appoin ted for t h a t mee t ing i t shal l be lawful for any one or two Jus t i ce or Ju s t i ce s of such town or distr ict be ing present to adjourn t he said mee t ing for one week and to give not ice of such ad journment not only to all t h e o ther Jus t ices of t h e said town or distr ict b u t also to two qualified Jus t i ces in any adjoining town or distr ict and every such Jus t i ce to w h o m such not ice shal l be given is hereby requi red

unde r a pena l ty of t w e n t y pounds to a t tend such adjourned mee t ing

for t h e purpose of g r a n t i n g licenses u n d e r t h e said A c t and if a t such

adjourned mee t ing the re shall no t be p resen t t h ree qualified Jus t i ces i t shal l be lawful for any one or two qualified Jus t i ce or Jus t ices be ing present to g ran t l icense or licenses u n d e r th i s or t h e before- reci ted Ac t Provided always Tha t n o t h i n g here in conta ined shall be cons t rued as impos ing t h e above penal ty except ing in default of a sufficient n u m b e r of Magi s t r a t e s be ing presen t to perform t h e acts in and by t h e said rec i ted Act requ i red no r shall any such pena l ty bo imposed if such default of a t t endance be occasioned by t h e illness of a J u s t i c e summoned to a t t end as aforesaid such prevent ion by illness

be ing certified to t he Jus t i ces of t h e dis t r ic t by t he affidavit of a

medical	a t t endan t	of t he p a r t y	or by t h e	affidavit	of	t h e	pa r ty
himself.

3. A n d be it fur ther enacted T h a t every person app ly ing for a

l icense u n d e r t he said recited A c t or unde r th is p resen t Ac t shall before	the Jus t ices deliver to h i m or he r a certificate to author ize t he issue of
such l icense en te r in to a recognizance in t h e form and wi th t h e condit ions contained in t he Schedule he reun to annexed m a r k e d wi th t he le t ter C wi th two sureties in the sum of fifty pounds each in l ieu and place of the recognizances ment ioned in said recited Ac t a n d t h a t all such recognizances wi th the i r condit ions shall be regula r ly recorded in t h e records of t he respective Benches and shal l wi th in one m o n t h after t he same are entered into be t r a n s m i t t e d to t h e Clerk of t he Peace and be b y h i m filed in his office Provided however t ha t no th ing here in ment ioned shall in any m a n n e r affect or render void any recognizances heretofore entered in to by any person or persons unde r and p u r s u a n t to t h e provisions of t he said rec i ted Ac t or affect or render void any proceedings a l ready h a d or which may hereafter be h a d the reon for t h e recovery of the a m o u n t thereof in consequence of
t h e b reach of any of t h e condit ions the re in ment ioned.
4. And be it further enacted That after the passing of this Act no license shall be granted or transferred under the provisions of this Act or of the said recited Act to any person holding office or employ­

ment

m e n t u n d e r t h e Government or any constable or his deputy or bailiff or any licensed auct ioneer or any person or t h e wife of any person serving unde r a sentence for any cr iminal offence whe the r such sentence be par t i a l ly remi t ted or no t or any person who shall have obtained a con­ di t ional pa rdon from the Governor of the said Colony unless t h e approval of such pa rdon b y H i s Majesty shall be publ i shed in t he " N e w South Wales Government Gazette" nor shall any license be gran ted for any premises of which a constable is t h e owner landlord or propr ie tor or where in such constable has any pa r tne rsh ip or share.

5. A n d be in fur ther enacted Tha t it shal l no t be lawful wi thin t he Town of Sydney to sell or dispose of any spir i tuous l iquors in t h a t p a r t of a licensed house or adjoining to such licensed house called a Tap a n d t h a t any person who shall sell or dispose of sp i r i tuous l iquors in t h a t pa r t of a licensed house or adjoining the re to called a t a p shall be subject and liable to t h e lines and penal t ies imposed and directed by t h e said reci ted A c t upon persons sell ing fermented and spir i tuous l iquors w i thou t a license to be recovered a n d levied as therein is directed.

6. A n d be it fur ther enacted That from and after t h e first day of J u l y nex t no licensed publ ic-house wi th in t he Town of Sydney shall have any ingress or egress except in t h e s t reet or s treets n a m e d in t he l icense for such house and every such license shall become nu l l and void in case any other passage or en t rance t h a n t h e en t rance named in such license shall be used permi t t ed or allowed to such house.

7. A n d be i t fur ther enacted Tha t every house to which a l icense shall be g ran ted shall be provided wi th a place of accommo­ dat ion on or near t he premises for t h e use of t he cus tomers thereof in order to p reven t nuisances or offences to decency.

8. A n d be it fur ther enacted Tha t l icenses as aforesaid for the sale of fermented or spi r i tuous l iquors shall no t be g ran ted to or renewed for any house whe ther previously licensed or not which shal l no t conta in t h e n u m b e r of rooms ready and fit for t h e public and such other accommodat ion as by t h e said reci ted Act and th is present Act are specified and that any license g ran ted to any house n o t sufficiently provided w i t h t h e n u m b e r of rooms and accommodat ion aforesaid for t he publ ic use shall be n u l l and void and the owner or owners thereof sell ing or disposing of fermented or spi r i tuous l iquors there in shall be subject and l iable to t h e fines a n d penal t ies in and by t h e said reci ted Act ment ioned and to which persons are subject and liable for sel l ing or disposing of fermented or sp i r i tuous l iquors w i thou t a

license to be recovered and levied as the re in is directed.

9. A n d be it fu r ther enacted Tha t any keeper of a licensed house as aforesaid who shall wilfully and knowing ly admi t or receive any convict into his or her house or any other place held or occupied the rewi th except in t he presence or by t he wr i t t en direct ion of t h e mas te r mistress or overseer of such convict shall forfeit and pay the s u m of five pounds Provided t h a t n o t h i n g here in conta ined shall be cons t rued to ex tend and apply to any convict holding a ticket-of-leave or other pa r t i a l or t emporary remission of sentence.

10. A n d be i t fu r ther enac ted Tha t any keeper of a l icensed house who shal l sell or dispose of any l iquors as aforesaid to any convict or who shall deliver any such l iquors to any convict ex­ cept wi th the permission or in t he presence of the mas te r mistress or overseer of such convict shall for the first offence forfeit and pay the sum of five pounds for the second offence t h e sum of ten pounds and for t he t h i r d and every other offence t he s u m of twen ty pounds to be recovered before any one or more Jus t i ce or Jus t i ces of the Peace in m a n n e r as in and by the said recited Act is directed unless i t shall be m a d e to appear to t h e satisfaction of such Jus t i ce or Jus t ices

t h a t

t h a t t h e publ ican h a d good a n d sufficient reason to believe t h a t t h e person to w h o m any such l iquors as aforesaid were sold and disposed of or delivered was free Provided always T h a t no th ing here in contained shall be construed to extend or apply to any convict hold ing a t icket-

of-leave or other pa r t i a l or t empora ry remission of sentence.

1 1 . A n d whereas t h e sale of spi r i tuous l iquors to convicts has

been a t t ended wi th serious in jury to t h e publ ic and has led to t he commission of m a n y cr imes Be it therefore enacted Tha t i t shall not be lawful for any person whatsoever unde r any p re tex t whatever to sell or dispose of or to deliver any spir i tuous l iquors in any quan t i t y wha tever to any convict w i thou t t h e wr i t t en order or in t h e presence of t he mas te r mistress or overseer of such convict and if any person shal l sell or dispose of or deliver any spir i tuous l iquors to any convict wi thou t such wr i t t en order as aforesaid every such person shall for t h e first offence forfeit and pay the sum of five pounds for t he second offence t h e sum of t en pounds and for t he th i rd and every o ther offence t h e s u m of twenty pounds to be recovered before any one or more Jus t i ce or Jus t i ces of t he Peace in m a n n e r as in and by the said recited A c t is directed unless it shall be made to appear to t he satisfaction of such Jus t i ce or Jus t i ces t ha t t h e person who so sold or delivered the said l iquor to such convict w i thou t t he wr i t t en order or in t h e presence of the mas te r mistress or overseer as aforesaid h a d good and sufficient reason to believe t h a t such convict was a free person provided always t h a t n o t h i n g here in contained shall be const rued to ex tend to apply to any convict hold ing a t icket- of-leave or o ther par t ia l or t empora ry remission of sentence.

12. A n d whereas it will be convenient t h a t t he set t lers in the

coun t ry pa r t s of t h e said Colony should be pe rmi t t ed to sell and dispose of such l iquors as aforesaid to t h e free mechanics t radesmen servants and laborers employed by t h e m respectively Be it therefore fur ther enacted T h a t i t shall be lawful for t h e Jus t i ces to dismiss w i th costs any charge b r o u g h t agains t a mas te r or employer for re ta i l ing any such l iquors as aforesaid in any par t of t he Colony except in t h e Towns of Sydney P a r r a m a t t a Liverpool W i n d s o r Newcast le B a t h u r s t a n d M a i t l a n d to his or he r own free servants or laborers or free mechanics or t r adesmen employed in his or he r service provided the quan t i ty of spi r i tuous l iquor so retai led be proved not to have exceeded one- th i rd of a p in t of proof spiri t to any one person in any one day and provided moreover t h a t n o t h i n g here in contained

shal l be considered in any m a n n e r to au thor ize or w a r r a n t a mas te r or

mis t ress to sell or dispose of any l iquors as aforesaid to his or her own
assigned	servants .

13 . A n d whereas difficulties frequent ly arise as to t he con­

viction of persons charged wi th unlawful ly re ta i l ing	any such l iquors
as aforesaid in disorderly houses	Be i t therefore enacted T h a t in any

proceedings before any one or more J u s t i c e or Jus t i ces of t h e Peace u n d e r t he said recited Ac t against any person or persons charged wi th unlawful ly re ta i l ing any such l iquors as aforesaid in a r epu ted dis­ orderly house t he proof of t h e r epu ta t ion of such house and of any person or persons (not be ing the owners thereof) be ing found d r ink ing the re in shal l be deemed full and sufficient evidence to war r an t such Jus t i ce or Jus t i ces in convict ing t h e person or persons so found d r ink ing in such house and t h e propr ie tor or propr ie tors thereof.

14. A n d be it fur ther enacted That from and after the passing of th i s A c t no appeal shall a t any t ime lie to or be enter ta ined by the Cour t of Quar t e r Sessions from any decision of any Jus t ices of the Peace where in t h e said Jus t i ces shall refuse to g ran t or to renew a license to any pa r ty or par t ies apply ing for t h e same.

SCHEDULE

SCHEDULE REFERRED TO.

C.

Form of a Recognizance.

NEW SOUTH WALES

To WIT.

B E it remembered That on the day of 183 A . B . of

C. D. of and E . F . of came personally before us

G. H . J . K . and L. M. Esquires Justices of the Peace acting in and for the District of
in the said Colony and acknowledged themselves to owe to our Lord the
K i n g to wit the said A. 15. the sum of fifty pounds and the said C. D. the sum of fifty
pounds and the said E . F . the sum of fifty pounds of lawful money of Great Britain to bo
respectively levied of their several goods and chattels lands and tenements to the use of

our said Lord the King His Heirs and Successors in case default shall be made in the

performance of any of the conditions hereunder written :—

The conditions of this Recognizance are such That whereas the said A. B . is to bo licensed to keep a Common Inn Ale House or Victuall ing House and to sell ale beer and other malt liquors and wine cider ginger beer spruce beer brandy rum and other fermented or spirituous liquors in the house wherein he (or she) now dwells (or is about to dwell) being the sign of situated at in the District (or Township) of

for twelve months commencing on the first day of J u l y one thousand eight hundred and if the said A. B . do keep the law in selling ale beer and other such liquors as aforesaid in his (or her) said house or appurtenances thereunto belonging and do not permit any person to become drunk or supply or permit such liquor as aforesaid to be supplied or given to any person in a state of intoxication or permit such person (not being an inmate thereof) to remain in his (or her) house or premises and do not permit any person to play at cards dice or any other game of chance in his (or her) said house or premises or to commit any disorder therein or to remain in or upon the same tippling or dr inking after the hour of nine at night or on Sunday at any hour always excepting moderate refreshment to persons who may be bona fide travelling or who may be inmates of the house nor suffer any disorder to be committed in his (or her) house or premises nor refuse to admit a Magistrate or Constable into any part of the said house or premises at any hour nor admit or receive any convict other than his (or her) assigned servant or servants into his (or her) house or any other place held or occupied therewith or deliver any liquors as aforesaid to any convict except with the writ ten order or in the presence of the master mistress or overseer of such convict and do maintain good order and rule therein then the said Recognizance to be void otherwise to remain in full force.

Taken and acknowledged the day and year above written before us

G. H .	(L. s.)
J . K .	(L. S.)
L. M.	(L. S.)