Licensing Act 1855 (SA)

No. 14.

An Act to ntter and amend an Ordinance, intituled, " An Act to regdate

the retail of Ziq?~ors and to preserve good order i ~ z licensed

Public Houses. "

[Assented to, May 28, 1856.1

HEREAS it is expedient to alter and amend an Act passed in Prcamblc.

W the second year of the reign of Her present Majesty,	intituled, '\h Act tu regulate the retail of Liquors and to preserve
good order in licensed Public Houses"-Be it therefore Enacted by th'e Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council thereof, ss follows;

1. So much of the said recited Ordinance as anthorizes the Governor 2nd Vict., No. 1, scc. 2, repealed.

to limit the number of licences to be issued, is hereby repealed.

2. No licensed person having given such notice as by the mid pcrson~lattendanccot licenscd persons at

Ordinance is prescribed, shall be requireTGtend any licensing mcet- I i ~ e ntling meeting

ing for the purpose of procuring a renewal of his licence, uzless ~; ~ i; ~ ~ $ ~ ~ ~;

notice of opposition to the renewal of such licence, stating t.he grounds F W required by

thereof. shall have been served unon him. or left t %is licensed ustices* L

-.

premises, fourteen days before thc day of such licensing meeting; and if such notice of opposition shall not be provcd to have been given, and no complaint against such licensed person shall be made at such licensing meeting, a certificate of appros a1 as in the said Act authorized, shall be issued and delivered to him, or as he shall direct: Provided that .if, at any such licensing meeting any complaint shall- be made agznst any licensed pcrsou applying for the renewal of his licence as aforesaid, it shall be lawful for the Justices or District Council at such meeting, in their discretion, to require the attendance of such liccnsed person at an adjournment of such licensing meeting; of which, and also of the complaint so made czgainst him, due notice shall be given; and, in the meantime,

to suspend the issue of a certificate of approval.

C 2 3. Any

% ~ ~ p ~ n g

ing drinka to intoxicat- persons 3, Anylicensed person,under theauthority of the said Ordinance,;br

in a state of intoxiea- ~ n v	other person reapondde t~ him, who, knowingly and wilfully shill supply, or pennit, or suffer to be supplied ~pirits or othcr in- toxicating drink to any person already in a state of iiitoxic,ztion, shall be guilty of a, misdemeanor, and shall, on conviction thereof, for the first offence, forfeit the sum of Ten Pounds; and for the
tiOn a misdemeanor.
Penalty.	second offence, the sum of Twenty Pounds; and any licensed person wilty of such offence, shall, upon the third conviction, forfeit l& hence, and thereafter be incapable of holding a licence under the said recited Ordinancc.
4. Every recognizance taken or to be taken under the said Ordi- nance, ha l l be in force so long as the licensed person shall continue to occupy the premises in resfkct of which he entered into the said recognizance, or procured the same to be entered into: Provided that it shall be lawful for any person being a surety under any such recognizance, at any time after the expiration of one year from entering into the same, to give three mlendar months' notice in writing, to such licensed person, and also to the Clerk to t'hc &fagis- trates, Resident Magistrate, or other Officer appointed, as in the said Act is authorized, or District Council, that he will, at the expiration of three months from the date of such notice, cease to be a surety under such recognizance; and also to the Clerk to the Magistrates, Resident Magistrate, or othcr person, or District Coun- cil, as the case may be, to give three calendar months' notice in writing, to such licensed person, requiring him to procure another
Reco@znnces

main in force until	to re-
nutice.

Tf new recognizance	snrety or sureties in the place of one or more of the sureties named
not procured, lioenoc	in such recognizance; and any licensed person who shall not within
suspended.	the period of three months after service of such notice upon him, procure one or more approved person or persons to enter into a recognizance, as in the said Ordinance provided, in the place of the person or persons giving or named in any such notice, shall, until
he shall have procured such persons to enter into such recognizance,
be deemed and taken to be an unlicensed person.

Lamps to be ligfikd

from sunset to eleven. to any penalty or fine, by reason of his lamp having ceased to

5. NO person having a publican's general licence shall be liable

be lighted after eleven of the clock, unless he shall have been called

upon to relight the same, and have neglected so to do.

Ginger beer and spruce

beer.

6. Nothing in the said recited Ordinance contained shall apply to the sale of ginger beer or spruce beer, or to any person who shall sell wine the produce of his own vineyard, in quantities of not less than one imperial gallon.

Repeal of WC. 31. 7.

So much of the said Ordinance as relates to the time of closing the

outer door of licensed premises on the Lord's Day shall be, and the

same is hereby repealed.

Outer doors to be 8. If any licensed person shall not keep the outer door of his

uld On

licensed house, or of his separate tap or taproom closed on the

Lord's

Lord's Day, except a side-door, from one to three o'clock, and from eight to ten o'clock in the afternoon thereof, unless for the purpose of rcceiving travellers (not being persons residing in the town or Exce~tion,

places where snch licensed p~emises are aituate, or within one mile thereof), calling for refreshment on their journey, or remaining at the house during the day or the night thereof, he shall for every such offence forfeit and pay a fine of not less than Five Pounds, nor more than Fifty Pounds.

So much of the said Ordinance as relates to the time of closing the outer door of licensed premises is hereby repealed. Repejl of sec. 32.

9.

10. If any liccnsed person shall not clear his taproom, and close Taps to be claared,

the outer door thereof, and every other outer door of his licensed at cleven oycl~ck.	and outer doors clwed
premises at eleven o'clock of the evening of a11 working days, and
kccp the same closed until five o'clock in the morning, he shall for

snch offencc forfeit and pay a penalty of nut less than Two Pounds,

be ad-

or more than Ten Pounds: Provided nevertheless, that it shall be lawful for any such licensed person to admit bona fide lodgers living or staying in his licensed house, after such hour,'by means of a side door; and provided also that it shall be lawful for every licensed person to clear his tap-room arid close the door thereof, and every other outer door of his said premises at ten o'clock in the evening.

11. It shall be lawful for any licensed persons to receive and ~; ~ ~ " ~ ~ ~ ", 9 $ ~ ~ ~

entertain visitors at any ball or dinner party, or other special occasion, eleven O ? C ~ O C ~ by

beyond the hours fixed by this Act, having first obtained the per- w c i d permission.

mission in writing ill that behalf of any two or morc Justices of the

Peace for the said Province, or Special Magistrate, or Chairman of

District Council, as the case may be.

12. It shall be lawful for any licensed person to receive in payment Monw orders may be

any money order, provided the same be taken at the full nominal fullvalue.	taken in payment at
value thereof.

13. This Act and the said recited Ordinance shall bc read and con- ~~~A~;~.&b;~;",",a~

strued as one Act,	dinance No. 1, 2nd
Vkt.