Licensing Act 1863 (SA)

ANNO VICESIMO SEXTO ET VICESIMO SEPTIMO

V ICTORIB REGINB.

No. 9.

Aft Act to consolidate nwi amend the Laws for vegulatilzg the retail

of' Liquor, curd for preseruing good order itt' Liceused Public

Houses.

[Asscntcd to, 12th Kovember, 1863.1

W HERE AS it is expedient to consolidate and amend the lgws Preamble.	for regulating thc retail of liquor, and for preserving good order in licensed public houses-Be it therefore Enacted by the Governor-&Chief of the Province of South Australia, with thc advice and consent of the Legislative Council and House of Assem- bly of the said Province, in this present Parliament assembled, as
follo W S :

M

1. This Act may be cited for all purposes as The Licensed S h ~ r t f i t l e o f A c ~

Victuallers' Act, 1863."

2. An Act passed in the second year of the reign of Her Majesty Repeal O ~ A C ~

Queen Victoria, No. 1, intituled L E An Act to regulate the retail of Liquors, and to preserve good order in Licensed Public Houses;" .tm Act passed in the same year, No. 2, intituled "An Act to supply omissions and rectify a clerical error in the Act lately passed for regulating the retail of Liquors and for preserving good order in Licensed Public Houses ;" an Act, No. 14 of 1855-6, to amend the first-mentioned Act; and an Act, 50. 14 of 1858, to further alter and amend the first-mentioned Act; are hereby repealed, except as to anything done or commenced to be done under the said Acts or any of them; and all offences committed before the passing of this Act

shall be punished in the same maimer as though this Act had not

bcen passed; and licences issued under the authority of any of the

said

260 & 27O VICTORIX, No. 9.

Licensed VictualEers Act.-1 86.3.

said Acts hcrcby repealed and not expired at the time of the passing of this Act, shall confer the same rights and privileges as if granted under thc authority of this Act,

Interpretation of

t mm.	3. In the construction of this Act, the following words shall, unless inconsistent with the context or subject matter, have the meaning hereby assigned to them respectively, that is to say, the word ~%iquor" shall mean, brandy, gin, rum, whisky, cordials, wine, ale, porter, bccr, or any other spirituous, malt, vinous, or fermented liquors; the word "Town," shall mean the City of Adelaide and all other Corporate Towns within the said Province, and any township or village containing twenty-five houses within a radius of one mile, and any place which may be proclaimed as a township, for the pur- poses of this Act, by the Governor in Council; the word Justicc" shall mean Justice of the Peace for the said Province; the word
Street" shall mean any public square, place, road, terrace, or tho- roughfare, in any town or place subject to the provisions of this Act; the cxprcssion "Covernor in Council," shall nican thc Governor-in- Chief with the advice and consent of the Executive Council; the word Gazette" shall mean the South Australian Government Gazette; the expressior, "Public notice " shall inem notice by advertisement in thc South Australian Gmernmelzt Gazette, and in onc daily news- paper publ-ished in Adelaide; thc words "Mead, wine, cider, and perry," whenever used in this Act, in reference to persons holding wine licences, shall mean minc, cidcr, and perry produced fiom fruit grown in the said Province, and mead made from honey the produce of the said Province, such mead, wine, cidcr, and perry not containing a greater proportion than twentysix per ccntum of proof spirit.
Division of A C ~.	4. This Act shall be divided into six parts, rclating to the follotv- ing matters, viz. :-
Part I.-ltelating to licences, and how the same may be granted,

renewed, transferred, transmittcd, rcnioved, or forfeited:

Part 11.-To the rights, duties, and liabilities of pewons h o l d i i ~ ~

licences:

Part 111.-To	offences against the Act by persons not holding licences:
Part W.--To	legal procedure and evidence:

Part V. - To the distribution and application of penalties and

moneys received for licences or othcrwise.

Part V1.-Protection of officers, and general matters.

PART I. Part I.-And with regard to licences, and how the same may be

b	wairted, renewed, transferred, tmnsmittcd, removcd, or forfeited
- Be it enacted that:

xaturc of iiccnccs. 5. The licences to be granted by virtue of this Act shall be of the kinds following, viz., one to be denominated a publican's licence, and which shall be in the form in Schedule 1) to this Act; another

to

26" & 27" VICTORIB, No. 9.

Licensed Victunllers A c t. 1 8 6 3.

to be denominated a storekeeper's licence, which shall be in the form

PART

in Schedule E; and another to be clenoininzlted a wine licence, which

shall be in the form in Schedule F.

6. Evcry publican's licence shall authorize the person thereby Publican's licence.

licensed to sell and dispose of any liquor, in any quantity, in the house or 011 the premises therein specified, in the manner hereinafter mentioncd.

7, The annual fee to be paid for a publican's licence slxdl be as Amount of fee.

follows-if the housc or premises described in the licence be situate in the City of Adelaide, or in any Town, the fee shall be Twenty- five Pounds, and if' the house be situntc clsewhere, the fee shall be Fifteen Pounds, unless such house be situated within five miles of the City of Adelaide, or two miles of any other town when the licence fce shall bc Twenty-fivc Pounds.

8. Every storekeeper's licence shall authorize the person thereby storckccper'a hence.

licensed to sell and dispose of liquor in the house or on the premises therein specified in quantities of not less thm one gallon of one kind of spirits, or one dozcn reputed quart or pint bottles of wine or other fermented liquors at a time: Yrovidcd that no part thereof

be consumed on the promises.

9. The annual fcc to be paid for a storckecpcr's licence shall be Fee.

Ten l'ounds.

10. Every wine licence shall authorize the person thereby liccnsed Wine licence.

to sell by rctail in the house or shop, or on the premises therein specified, mead, wine, cider, and perry, in reputed quart or pint bottles only: Provided that no part thereof be consumed on the premises.

11. Thc annual fcc to be paid for a mine licence shall be Four Fee.

Pounds.

12. Every person desirous of procuring a publican's or store- Manner ofapplicatiorr

keeper's licence under this Act, shall, on or before the last Monday

liConCCao

in February in every ycar, or if the application bc to the Justices at any of their quarterly meetings, then fourteen days before the date of such meeting, deliver to the Clerk of the Bench of Justices, and also post on the outer door of- the premises proposed to bc licenced, a written notice in one of the forms contained in Schedule A, as the case may be, accompanied by a certificate of at least three known housekeepers residing in the district wherein thc

intended premises are situated, ancl in the form described in the Separato tap or hp-	same scheclulc; and, if the application be for a publican's licence, rooma.
and the applicant shall be desirous of keeping a tap or taproom, or
tap and taproom detached from his bonciJde dwelling-house, or in such
house. but having anv other outer door thereto than the house itself
has (which desirg shah be fully expressed in his notice), accompanied person, diqualificd
by another certificate from at least two known housckcepcrs residing in thc become suretics,

licences or

26O & 227" VICTORIAE, No, 9.

Licensed Victua Elers Act.-1 863.

P A ~	1 0	-the said Province, in the form lastly described in such Schedule, with
notice o f the name, residence, trade, or calling of the person therein mentioned, who may be proposed to have the personal management and superintendence of the samc tap or taproom, or tap and taproom: Provided always that every person applying for a licence for premises which have not been licensed before shall, fourteen days before the meeting at which such application is to be made, file with the clerk of the Justices pians of the buildings erected or to be erected on such premises, which plans shall be open to inspection, and shall be produced by the clcrk to thc Justices at such meeting; and provided also that no persons in situations under the Government, nor any constable, sheriff's officer, or other officer employed to execute any legal process, nor any licensed auctioneer, shall hold licences, nor shall such persons or any licensed publicans or other dealers in
liquor be received as sureties in any recognizances to be entered
into under this Act.

in Adelaide, and in Licenceatobegrant~d 13, Applications for Justices' certifiates of approval of persons

~eceiking publicans' or storekeepers' ~icences, or of any such ~ ~ C C D C ~ S

other places to be

hereafter appointed.	being transferred throughout the said Province, shall be considered at Adelaide: Provided always, that it shall be lawful. for the Govcrnor
in Council to appoint mch one or more places in addition, as shall
from time to time appear requisite for the aforesaid purpose.
General meeting to be

on the second Monday ~ f i 14. General meetings of Justices shall be holclen respectively at pointed by thc Governor in Council for that purpose, on the secoiid Monday in March in every year, for the consideration of applications for certificates authorizing the issuing of publican S' or storekeepers' licences, which meetings may respectively be adjourned for any time that may appear to be necessary, but decisions as to granting certi- ficates shall not be given on any other than original or adjournment

in March iu every	.elaide, and in such other places as may from time to time be rtp-
year.

Which may be- ad-	days, and when the Justices are asscnibled for the consideration of
journed.	applications as aforesaid, at all which meetings any Justice, wherever

be held fY3r coneidera-. are hereinafter mentioned; and meetings of Justices shall also be Quarter1 meetings to &;ally resident, may attend, vote, and act,cxc&t such Justices as

of W J ~ ~ ~ ~ ~ ~ ~ ~ ~

for transfers and new	holcien at Adelaide on the fieeond Moday iil the months of June,
licences.	September, and December, in every year, fur the consideration of ap~licatiork for permission to transfk; existing publicans' or store- keepers' licences and of applications for certificates authorizing the
May be

necessary. as issue of such licenccs for new prcmises, which meetings may be ad- journed as the Justices find necessary, provided that the Justices so asscmblcd at such quarterly meeting shall not have power or authority to receive or consider any application rejected at the preceding annual meeting, or to grant any certificatc under this Act for the licensing of any person or premises in respect of which a certificate shall have becn refusecl at such annual mecting, except when the Justices assembled at such annual meeting shall have given permission to the applicant to renew his application, or to prefer a new application in respect of new or other premises at such quarterly nlceting; and

at such qnarterly meetings all Justices entitled to attend, vote, and

act at a general meeting, may also attend, vote, and act.

15, No

26O & 27VlCTORI2l3, No. 9.

Licensed Victuallers Act.-1863.

15, No Justice T V ~ O shall be a brewer, malster, distiller, or licensed PART I:

dealer in liquors, or in partnership with any such person or persons,	On hearing applica-
directly interested as owner, or manager of any house liccnsed or	tion for certificates for
licences, certain
to be licensed, shall takc part in the discussion or adjudication upon any	Justices not to adjudi-
application for any certificate for a licence, or for the transfer of any	cate;
liccnce; nor shall any such Justice sit or act on the hearing o f any information, or of any appeal against any conviction under this Act; and any Justice who, being hereby disqualified, shall knowingly so offend, shall, for every such offence, forfeit and pay the sun1 of One Il'lundred Pounds, with full costs of suit, to bc sued for and recovered by action of debt i11 any Local Court of competent jurisdiction by any one who will sue for the same: Provided that nothing herein contained shall extend to disqualify any Justice by reason of his making or selling any wine of his own manufacture from fruit
t,	wrown in the said Province.

16. The proceedings on the consideration of any application, or	Proceedings on consi-
deration o f applica-

any objcction to such application for any licence, and also of every	tion to be public.
application or objection to any application to renew, transfer, or remove any such licence granted under this Act, shall be public; and it shall be lawful for the Justices assembled at their annual or quar- tcrly rncctings, or at any adjournment thereof, to hear, inquire into, and determine a11 such applications, and also all objections which may
bc made to any such applications, and summon and examine on oath
such witnesses as they may deem necessary, and to g a n t to such persons as shall be approved of by such Justices, certificates autho- rizing the granting of such licences as afoiesaid, which certificates may be in the form hereinafter mentioned.
17. No person shall be heard in support of any objection, before the said Justices assembled at their annual or quarterly meetings, or	Notice of r,bjection to
bc served.
at any adjournment thereof, unless notice thereof in writing signed by the objector, and giving his placc of residence, and his occupation or style, stating the nature ancl grounds of the objections, shall have been delivered to the Clerk of the Bcnch of Justices at least seven
nor unless the persou objecting shall appear in Court personally, or	clear days before the day on which such application is to be heard,
by counsel, on the day on which such application shall be heard.

18. The objections of which notice may bc so given shall Nature of objecdona,

be one of the following:-That the applicant is of bad fame and character, or is of drunken habits, or has within six months previously been deprived of a licence under this Act, or that the house mentioned in the application has not sufficient accommodation for the public, or if the house be situated more than ten miles from Adelaide, that the same does not contain a sitting-room and two sleeping-rooms for the acco~nmodation of travellers, separated from the tap by a space of at least twehe feet, with a separate entrance, or that there is not

a stable on the premises capable of containing at least six horses,

with a sufficient quantity of hay and corn, or if the application is for a licence for new premises, that the applicant has not filed plans as hereinbefore mentioned, or that the gencral management of such

house

N

26" & 270 VICTORIB, No. 9,

Licensed Victuallers Act.-1 86 3.

house has not been satisfactory, or in the case of new licences that such house shall not be required for the accommodation of the public, or that the house mentioned in the application, is in the immediate vicinity of a church or other place of public worship, hospital, or school, and would, if licensed, be the cause of inconvenicnce or annoyance to the persons using or frequenting such church, place of worship, hospital, or school, or that the qulet of the locality in ~vhich such house is situated will be disturbed if a licence be granted for the sale of liquor in such house; but such last mentioned objection shall not be entertained unless a petition against the granting of a certificate authorizing the granting of such licence for such house shall be presented to the said Bench of Justices, signed by at least two-fifths of the occupiers of houses in the immediate neighborhod of such house, or if a licence has been already granted for the sale of liquor in any other house in such locality.

Personal attondance	19. No licensed person having given such notice and obtained a
of licensed persons at
.
liceneing meeting not

.	householders' certificate by this Act prescribed, shall be required to
requisite unless notice	attend any licensing meeting for the purpose of procuring a renewal
of objection given.	of his licence. unless notice of opposition to the renewal of such licence, strtticg t t e grounds thereof, shall have b e n given to the Clerk of the Bench of Justices, who shall forthwith forward a copy of such objections, by post, to the person interested.
Grounds of refusal to	20. Iu every case where an application shall be refused, it shall be notified by the Justices to the applicant in open Court if he shall so request, whether the application was refused on account of all the objections specified in such notice or any of them.
be openly declared.
Costs may be given	21. I t shall be lawful for the Justices assembled at their annual given such notice of objections as hereinbefore mentioned, shall pay
againet unsuccessful
objector.	or quarterly meetings as aforesaid, to order that any person having

,

to the applicant for n licence a sum not exceeding Five Pounds, for the costs incurred by such applicant in supporting such application, and such costs may be recovered in the same manner as any sum of

money ordered to be paid by any order of Justices: Provided always,

that no such order shall be rnade where any Superintendent, In- spector, or other ofJicer of Police, or Constable, shall have given such notice of objection.

Recopizances to be 22. Every applicant for a publican's or storekeeper's licence to

taken as in Schedule

B, and afterwards a	whom the Bench of Justices shall decide to issue such ccrtificate as
Justice to certify as	aforesaid shall, on the day of the said annual or quarterly meeting
in Schedule C.	as the case may be, or on any day to which the same may be adjourned, enter into a recognizance with two approved sureties, and conditioned as in Schedule B, which recognizance shall be taken before, and signed by, at least two of the assembled Justices, any two of which Justices shall afterwards, by a certificate in the form prescribed by Schedule C, authorize the issue of a licence to the applicant, and
Recognizances to be
Bled and kept by	which certificate shall be dated the day on which the recognizance
Clerk to the Justices,	shall have been taken, and in case any applicant shall be prevented
under a pebalty.	by sickness or other allowed cause from giving personal attendance,

two

26" & 2 7 O VICTORfB, No, 9. Licensed Victuallers Act.-1 86 3.

a

two at the least of such Justices may take a recognizance from three PART I.

approved sureties in the sum of Fifty Pounds each for performance	Bocognizaacea to
of the conditioiis of the said recognizance, whereupon any two of the	remain in force until
said Justices shall authorize by the like certificate as aforesaid, the	noticc.
issue of a licence to such absent applicant, and the same and every
other recognizance that may be entered into under this Act shall, %hen
signed by the Justices, be filed and kept hy the Clerk to the Bench
of Justices under a penalty of not less than Two Pounds, nor more
than 'l'wenty Pounds, for every defmlt; and every such recognizance
shall be in force so long as the licensed person shall continue to
hold a licence for the premises in respect of which he entered into	not procured, licenco
If new recognizance
the said recogtlizance, or procured the same to be entered into:	suspended.
Provided, that it shail be lawful for any person being a surety under any sixh recognizance, at any time after the expiration of one year from entering into the same, to give three calendar months' notice in writing to such licensed person, and also to the Clerk to the Justices, that lie will, at the expiration of three months from the date of such notice, cease to be a surety under such recognizance; and the Clerk to the Bcnch of Justiccs shall thereupon give two calendar months' notice in writing to such licensed person, requiring him to procure another surety or suretics in the place of one or more of the sureties named in such recognizance and so ceasing to be surety as aforesaid; and any licensed person who shall not within the period of two months after service of such notice upon him, procure one or more approved person or persons to entcr into a re- cognizance in the place of the person or persons giving or named in any such notice, shall, until he shall have procured such recogni- zance, be deemed and taken to bc an unlicensed person.

23. The Clerk to thc Justices shall attend the Justices' yearly or other prison to Clerk to the Justices

and qwrterly meetings, and minute the result of the proceedings, attendmwtinp.

and on receipt of Ten Shillings and Sixpence 'for each recogni-	zancc, Two Shillings and Sixpence for a copy thereof (if required), Justi3csp Treasr irer on sight of
and TWO Shillings and Sixpence for each certificate of the Jus- and reccipt oflicenco
tices, shall deliver such certificate and copy of recognizance to, licence as in sGhe- money to issue the

E, as the

or to the order in writing of, the person in whose favor the certificate dules D case may be.

may have been signed, and shall immediately send a copy of such certificate, attested as a true copy, to the Treasurei., who shall, on sight of the original certificate, and receipt of the sum payable in that behalf, immediately issue a licence in the forms in Schedules D or E, as the casc may be, and delivor it to the person paying for the same, and every such certificate shall be filed and kept by the ~	d	c	~	$	~	~	~	~
Treasurer, he first registering the same in a book to be kept for that purpose.

24. Every such licence shall, without regard to thc date of the ~ ~ ~ ~ ~ & ~ c ~ ; ~ e y

Justices' certificate, be dated the day on which the money pay	, is paid, and to be in
for the same is actually paid, and if not previously forfeited	*-&ge

in force until the twenty-fifth day of March thence next following, inclusive, and no longer.

-

be -

44'' "	26" & 2V VICTORIB, No. 9.
Licensed Victuallers Act. -1 86 3.

PAET r. 25. Whenever the Justices shall aur~rove of a tar) or tanroom. or thcreof, a rnen~orandurn in writing of such ar~provnl shall be made

Approved tap and	tap and taproom, being kept as specikh in any no6ce as iforeskd,
tapooms.	and of the person proposcd as the manager or superintendent
at the foot of the certificate which may bc giinted tlie applicant for
a licence, in which case only it shall be lawful for the licensed person
To be managed by	to keep the same and sell liquor therein: Provided always, thai every
approved persons.	such tap or taproom, or tap and taproom, shall during the term of the licence be in fact managed and superintended by such approved manager or superintendent, or by some other manager or superin- tendent approved of by two or more Justices at a, meeting to be convened for that spwial purpose, by notice, at the request and expense of the applicant, under the hand of the Clerk to the Justices or other authorized person, inserted in two succeeding nurrrbers of the Gazette, stating the specific object of the meeting.

Until paid, the party 26. Until the sum payable for n, licence be paid to thc Tret~surer,

unaceoaed. and the licence be actually issued, the person entitled to swh licence shall be deemed and considered, and is hereby declared unlicenscd, and in case the sum be not so paid w ~ h i n two calendar months

Ifnot paid within aftcr the date of the certificate, such certificate and the authority

authority void. Justices' thcreby given shall be wholly void, and the licence shall not be issucd.

Non-payment to be	27, When any such case of non-payment of licence moncy as is mentioned in tile last preceding scction shall arise, the Treasurer shall cause a notice thereof, and also full particulars of every licence, to be inserted in the Gazette, 011 t he first, or, at the latest, on the third day of its publication aftcr the expiration of the said penod c k two calendar months, or the issue of the licence, as the case may be.
advertised.
Transfer of l iccnce~	28. If any pers6n holding any such licence shall be desirous of transferring his licence to any other person, he s l d l deliver to the Clerk to the Bench of Justices, and also post on the outer door of the licensed premises, hurteen days before any quarterly meeting, a notice in the form in Schedule G, or as near thereto as r,ircumstaiices will pernri t, and also EL certificate from three known householders in
favor of the nominee, which certificate may be in that one of the forms given in Schedule A reqiiirerl by the circumstances.
, 29. No objection to a transfer shall be entertained, unless notice

t ~ s f b r	of l l cme.	thereof in writing shall have been delivered to the. Clerk of the
Bench of Justices at least seven clear days befork the day on which
the application for s transfer is to be made.

Wntore ofnucrtiona. 30. The objections of mllich. notice may be given shall be one or more of the followillg :-

That the licence of the person propos;ng to transfer the same is

liable to be forfeited for offences against this Act; that the

prrson to whom it is proposed to transfer such hence is of bad

&me

Licensed F%tuaZlers Act,-1 863.

fame and character, or is of drunken habits, or has within six	PART	. '	I.
months previously been deprived of a licence under this Act, or that the lease under which the holder of the licence occupies his house contains a covenant or prohibition against transferring the licence, assigning, or sub-letting without the consent of the lessor, and that such consent has not been obtained.

3 1. The provisions liereinbefore contained as to the proceedings Proceeding on appli- cation for trausfor to

at the annual mectings of the Justices as to the hearing of applica- be the on

tions for licences, and the ordering of costs to be paid by the person applioationforlioence.

who shall have given notice of objections, shall apply"as nearly as

may be to the proceedings upon an application for the transfer of a

licence from one person to another, or from onc house to another.

32. Thc Justices assemblecl at any quarterly meeting, upon the Justices at quarterly meeting may transfer

application of any holder of a licence as aforesaid, and upon being 1 icence by endorse-

may, if they shall think fit, transfer such licence to the nominee of

the pcrson holding such licence by an endorsement on the original

licence in the form of Schedule H, signccl by any two of such

satisfied that the provisions of' this Act have been complied with, ment. with two approved sureties for the amount, and in the like manner

as hereinbefore mentioned in reference to the granting of' the original

licence, and thereupon such nominec shall h ive as8 exercise the same privileges and be subject to the same liabilities and penalties as if such licence had been originally granted to him, and the person so transferling such licence shall cease to be a licensed person under this Act.

33. If the hold.er of a publican's licence shall die, become in- certdn Tqnsier caeea of licence provided in

solvent, or suffer his person or property to be taken in execution, or for,

shall become incapable of keeping an inn by reason of sickness or

other infirmity, or if he, his executors, administrators, or assigns, or any person claiming under him or them, shall yield up possession of

the licensed premises before the expiration of the licence, or allow

such premises to become vacant, or if the occupier of licensed

premiscs about to quit shall have wilfully neglected to apply at the annual meeting for a new licence, thcn, and in any such cases, any member of the family, or the executors, or administrators of any person dying, or thcWassignee or assignccs of any insolvent, or any person appointed by him or them, or the Sheriff, or some person or persons authorized by him, or the creditor at whose suit the execution shall have issued, or in case of sickness or other infirmity, the wifc or some one or more of the family of the licensed psraon, or his appointee or appointees, or the landlord or his agent or other pcrson

bond firle entitled to the premises by sale, mortgage, or otherwise,

may cnter upon the said licensed premises and continue and carry on the business thereof until thc then next quarterly meeting of Justices, when an application may be made by any such person in possessioi~ for a transfer of the licence, and the proceedings to dbtain

such transfer shall be the same as in ordinary cases: Provided, that

in

26" & 2Y6 V~CTORIIF, No. 9.

Licensed Victuallers Act.--1 863.

P m 1- in case any of the persons aforesaid shall enter upon any licensed

- premises and continue the business thereof under the provisions

hereinbefore contained, such person shall, mithin seven days after such entry give notice thereof, in writing, to the clerk to the Justices, with the names of two householders proposed as sureties in lieu of the sureties of the said licensed person, and shall on receiving notice from the said clerk, attend before a Special Magistrate, with his sureties, and enter into a recognizance in the form in Schedule B to this Act, so far as the same may be applicable; and any person so

entering and carrying on the business as aforesaid shall pay to the

Treasurer any sum of money that may be due in respect of the licence to such premises: Provided always, that for the purposes referred to in this and the last preceding clause a recognizance may be taken in the form prescribed, with three approved sureties in the penalty .of Fifty Pounds each, for any applicant or transferee who may be prevented from attending from sickness or other allowed causes.

Wine licences shall be

granted by Treasurer.	34, The Treasurer, upon payment of the licence-fee hereinbefore mentioned, a d, upon receiving a certificate of two Justiccs that the. person named therein is carrfing on business as a, storekeeper or shopkeeper on the premises named in 6uch certificate, and is a fit and proper person to receive a wine licence, shall grant to the person
named in such certificate a wine licence in the form in Schedule F to
this Act annexed, which licence shall authorize thc person licensed to sel? mead, wine, cider, and perry, under the provisions of this Act, until the twenty-fifth day of March then following.
Provision for death or

inaaivenoy of pmon 35. Upon the death or insolvency of any holder of a wine licence

holdhg rstorekeeper'a	under this Act, the Treasurer may, without fce or furthey duty, by
or wine lieence.	endorsement on the licence or otherwise in writ in^. authorize the legal personal representative of such holder, or his Yabsipees in case of imolvency, to carry on the business under such licence during the residue of the term for which the same has to run, and the person so authorized shall be deemed for all purposes to be the holder of such licence under this Act, and the person named in such licence shall
thereupon cease to be a licensed person.

&UOV~I of licence 36. If any person holding a publican's or storekeeper's licence

"O'herprem'"cb shall be desirous of removing his busincss to any other suitable and convenient premises in the same district, he shall, fourteen days before any quarterly meeting of Justices, deliver to the Clerk to the Bench of Justices, aad also post on the outer door of the licc~ised

remises and of the premises to which it is proposed to remove the

tcence, a notice in writing in the form in Schedule I.

AOtiwof

ta remova~ objmtiow of licance 37, No objection to a removal of a licence from one house to

from one home to	another shall be entertained unless notice thereof, in writing, shall
another.	have been delivered to the Clerk to the Bench of Justices at least
aevyn days before the day on which such application is to be heard.

38. The

26" & 27" V ~ ~ R I B, No. 9.

Licensed V%tuallers Act.--1 86%

38. The objections of which notice may be so given shall be one or more of the following:-That P A ~ T I.

thc house to which it is proposed Natum ofobjec,ion8

to remove the licence is in the immediate vicinity of a church or ~; ; y; ~; ~ ~ c ~

other place of public worship, hospital or school, and would, if another,

licensed, be the cause of inconvenience or annoyance to the persons

using or frequenting such church, place of worship, hospital, or

school, or the quiet of the locality in which such house is situated

mill be disturbed, if a licence be granted for the sale of liquor in

such house (but such last-mentioned objection shall not be entertained unless a petition against the removal of such licence to such house shall be presented to the Bench of Justices, signed by at least two- fifths of the occupiers of houses in the immediate neighborhood of such home, nor if a licence has been already granted for the sale of liquor in any other house in such locality), or that the house to which it is proposed to remove the licence is not in the same city, or town, or district (as the casc may be) as that from which it is pro- posed to remove it, or that the lease under which the holder of the licence occupies his house contains a covenant or prohibition against removing the licence to any other house withont the consent of the lessor, and that such consent has not been obtained.

39. I t shall be lawful for the majority of the Justices assembled Mode oftransfer

at such quarterly meeting to transfer the licence from one house to anather (if such house shall be approvcd of by them) by an endorsement upon the licence in the form .in the Schedule J, and thereupon the holder of such licence shall be authorized to sell and dispose of liquor in the house to which such licence shall have bee11 transferred instead of in his former house, in the same manner as if

mch licence had been originally granted, authorizing him to sell

and dispose of liquor in the holm to which such licence shall be so transferred, according to the tenor and effect of such licence, and the house to which such licence was originally granted shall there-

upon cease to bc licensed, d

40. If any Special Magistrate or two Justices shall approve of With approbotionot Special Magistrate nr

any person holding a putdican's licence selling liquor in an open lluBtires,

booth on any race or fair ground, or at ttny other place where may be soldat races and fairs.

any unusual concourse of people may reasonably be expected, and B,,

dNngBn

shall signify his or their approbation thereof in writing, then and per6one-

there only shall it be lawful for such liceiised person, to sell in the

same opeG booth such liquor accordingly: ~iovided always, that

the approbation aforesaid shall not be construed as an authority for

retailing to drunken persons, nor for admitting them to the said

booth for liquor, or allowing them to remain therein.

41. If any person holding a licence under this Act shall be con- Licencetobe~o~eitnl if thrice convicted of

victed of any offence against this Act three several times witllin a any

period of three consecutive months, or shall be convicted of any of

the offences hereinafter mentioned as offences for which on convich

tioa the licence may be declared forfeited, it shall be lawful for the

Special Magistrate, or the Justices by whom such persons shall be 60

convicted,

26O & 27" VICTORIB, No:9.

Licensed Victuallers Act,-1 863.

PART 1. convicted, if they hall think fit, by an order under their hands, which may be in the form of Schcdule I<, to declare such licence to be forfeited, and the samc shall thereupon cease to be of forcc and effect.

Licensed pernon con-

victed of felony, &c.

42. If any person holding a licence under this Act shall be con- victed of any felony, such liccncc shall be void; or if any person holding a publican's licence shall permit any person whomsoever to manage, superintend, or conduct the business of such house during

his absence for a longer period than one month without the previous

consent in writing of two Justices, or shall, whether residing in such house or not, permit any unlicensed person to become virtually or

in effect the keeper thereof, or shall suffer such house to become

ruinous and ddapidated, then upon complaint thereof, and proof of the facts to the satisfaction of any Special Magistrate or any t WO Justices, such Special Magistrate or Justices shall, by an order uniier $heir hands as aforesaid, declare such licence to be forfeited, and the same shall thereupon cease to be of force and effect: Provided nevertheless, that if such house shall have becomr ruinous or delapi- dated by reason of fire, tempest, or other cause beyond the control of thc holder of such licence, then such licence shall no: be d~bclared

forfeited until a rcasonable time has elapsed for such holclcr to rein-

state such housc,

Special Magistrate or

Justicea may order

43. Whenever any Special Magistrate or Justices shall declare or them, if he or they shall think fit, to order the person whose licence shall be forfeited to pay costs to the persou on whose com- plaint such forfeiture shall have been ordered.

1s forfeited to pay

person whose licence

ariy licence uuder this' Act to be fbrfeited, it shall be lawful for him

cost8

.

Clerk of Court in: 44, The Clerk of the Court in vllich any such forfeiture shall be

which forfeiture: or-

dered, to forw~rd	declared by any such Special Magistrate or Justices as aforesaid, or
particulars to Clerk
of Bench of Justicce.	if there be no Clerk, then the 8pccial Magistrate or Justices tleclaring such conviction shall, within seven days after such forfeiture, duly
not exceeding Five Pounds for every default: Pwvidcd, that in case report the same to the Clerk of thc Bench of Justices, under a penalty the person whose licence may bc so declaicd forfeited shall appeal against such conviction as hcreinrlfter mentioned, such Clcl* shall not report such forfeiture till aftcr the appeal shall be disposed of.

Transfers, removals9 45.

The Clerk to the Bench of Justices shall cause full particulars transfeis as may be made betmeen the quarter-days, under thehowem hereinbcfore contained ia clause 33, and also of every forfeiture of a licence to be insertcd in the Gazette, on the first, or at the latest, on the third day of' its publication, next after the occurrence of any of such events, or of receiving such report as aforesaid, or forfeit and pay a pznalty of not less than Two Pounds nor more than Twcnty Pounds for evcry default,

and forfeitures, to be

advertised, under a	of every transfer or removal of a licence as ahresaicl, except such
pcnalty. '

Liccnco lost or	46. Whenever any licence granted pursuant to this Act	..	shall be
destroyed,

lost

26" & No VICTQRIB, No, 9.

Licensed Victuallers A c t. 1 8 6 3.

lost or destroyed, it shall be lawful for the licensee to apply to the	PART	1.
Justices at any quarterly meeting for a certificate under their hands, that such first-mentioned certificate had been granted to such licensee, and such Justices, if satisfied of the loss of &ch licence, and that the same has not been forfeited or transferred, shall grant a certificate in the form in Schedule L, and upon production of such certificate, and upon payment of a fee of One Pound, the Treasurer shall make out and deliver to such licensce a duplicate of the original licence, which shall for all purposes be deemed to have the same force as the original licence.

PART 11.-And as to the rights, duties, and liabilities of, and PABT 11.

offences against this Act by persons holding licences-Be	it
enacted:

47. If any person holding a licence under this Act shall suffer Disorderly e m a

any person to exercise any unlawful game or sport within the said " e ~ ~, d O ~ e d

licensed house, premises, or a~wurtenances, or if anv such licensed

person shall ie iLi t or Suffer g;ly one to i1ay at dilliaras or any

other game in his house or premises on Sunday, or knosingly suffer

prostitutes, thieves, drunken, or disorderly persons to assemble

at, or continue in or upon his premises, he shall, upon being con-

victed, forfeit and pay for every such off- any sum not exceeding

Twenty Pounds.

48. All liquor sold. and retailed under the author it7 of this Act Liquors to be delirered in iqer ia l

fiom and including half a pint, shall be measured and deliwred ,,,,

according to the English imperial measures, and shall, upon demand demand remdasured

of the party receiving the same, be remeasured for his satisfaction in demand.

If not remqed before

the same house and in the mcasurcs, or any other imperial measures

he may procurc, but not if the liquors have been taken to any other

room of or wholly from thc licensed house, or shall have been partly consumed before a rerneasurcrnent has been demanded, and on failure to measure or remeasure as aforesaid, the licensed person

Shillings nor more than Five Pounds. shall for every offence forfeit and pay a penalty of not less than Five 49. Every person holding a publican's licence shall keep his Names to be kept UP

name at length, and the words " Licensed Dealer in Wines and	and also lighteO
Spirits," and every licensed holder of a wine licence his name and the words " Licensed Dealer in Colonial Wines" legibly painted in letters not less than three inches in length, 011 some conspicuous
part of the front of his licensed house, and every person holding a
publican's licence shall have a lamp containing at least two burners fixed in front of such house, and either opposite to or over the principal or entrance door thereof, and at a distance of not less than seven feet from the ground, and keep the same well cleaned, and trimmed, and alight from sunset to sunrise throughout the year, under
a penalty of not lees than Ten Shillings, nor more than Ten Pounds
for every offence: Provided that the person holding such pub- lican's licence shall not be liable to penalty or fine by readon of his lamp having ceased to be lighted after eleveu o'clock post meri-

dian,

P

50 26" &. 27O VICTORIX, No. 9.

Licensed Victuallers Act.--1 86 3.

Paar 11.

dian, ,unless he shall have been called upon to relight the same, and

shall haw neglected so to do.

~ f k e p t ~ i t h o u t a ~ 50. Tf my licensed person shall, without such approbation as

probation.	hereinbefore provided, keep or have any tap or taproom, or tap
Or not eo managed.	and taproom detached from his bona Pde dwelling-house, or in such house, but having any other outer door thereto than the
Penalty of the	house itself hath, or if any such tap or taproom, or tap and taproom,
licensed person.	shall be in fact at any time not wholly managed and superintended by the approved person, thcn and in either of such cases, such licensed person shall fodeit and pay for every such offence a penalty

T h ~ d, o r o t ~ e r O f f ~ ~ e, of not less than Five Pounds nor more than Fifty Pounds, or upon a

~ O B E of licence. third or subsequent conviction shall, at the discretion of the convicting Justices, he deprived of his licence,

Traveller8 nnd corpses 5 1. Tf any person, holding a publiran's licence s h d, without

l a d d excuse rcft~sc to receive and provide for a traveller and his

"Ot under 'a be penalty.

horse, or a traveller without a horse, or the horse of a traxeller not becomirrg a guest at the house, or shall refuse to receive any corpse which may be brought to his public house for the purpose of a Coroner's Inquest being held thereon, such licensed person shall for every such offeficce forfeit and pay a penalty of not less

than One Pound nor more than Twenty Pounds. Q,

Stran em' goods not

to be fiablo to the rent 52. KO b o d ficle property of any traveller, or inmate of any inn,

of licensed housea.	or of any who may have entrusted such traveller or inmate therewith, and being in or on such inn or any part thereof, or in as on any place used or-occupied therewith shallbe distrained or seized for or in respect of the rent of such inn or placc, and if such pro- perty shall be so distrained or seized, it shall be lawful for any
Justices may order
restoration of goods,	Special Magistrate or two Justices to inquire into any complaint made in rcspect o f such seizure or distress in a summary manner, and to order such property to he restored, and to award reasonable costs, and such costs to 'levy by distress and sale of the goods or effects of the person or persons so distraining or seizing as aforesaid, but nothing herein contained shall extend to deprive

Publicam' lien on the licensed persons of tzeir lien on any such property for their-own

pm erty for demand8 lawful demands, provided they have previously delivered to the of t\e houses awed. rlerson indebted to them an account in writing of such demands,

specifying by items the plain particulars thereof, a s to dates, articles; quantities and sums, and such demand shall lmvc arisen at the licensed premises, and i11 the ordinary course of the business thereof.

Debts for wine or

spiritsnot recoverable, 53. No person holding a publican's licence shall maintain an action

unlem for 20s. atone for, or recovcr anv debt or demand for or on account of liquor, &.

time. unless such debt ;hall have been bond$de contracted at one time to the amount of Twcnty Sllillings or upwnrds, nor shall any item in any account for liquor be allowed irhere the quantity h o d fide de- livered at onc time shall not amount to Twenty Shillings, notwith-

~ l t h ~ ~ h nmedta be standing such debt or demand or any item, may have b&n secured

pnid, eroept under	or agreed to be paid except a written	order for the same shall be
, i o, ~ t k n

O ~ ~ I O ~ S, produced

26" & 2'7" VICTORIAE, No. 9.

Licensed F7ctualEer.s Act.-1 86 3.

prodttced and satisfactorily proved to have been freely given by the

maker thereof before the liquor was delivered, or it be clearly shown	Or the debtor a
neighbar, and regular
that the debtor was then resident in thc licensed house, or in the	customer for malt
immediate neigliborhood thereof, and one of his regular customers	liquora, or on a
for malt liquors, or was a person then on a journey and calling at	journey,
such house for the purpose of taking refreshment.

54, If any person holding a publican's licence shall take or receive	pledges, &C., or
Pub!icans taking

ih payment, or as a pled,pe in barter or exchange, for any liquor or	takiug in payment anything except coin
entertainment supplied in or from the licensed house, anything	or bank notes.
except coin cornrnonly current, or the note or notes of some known bank or banker, or a cheque or order on some known bank or banker,
To pay a penalty of
or a money order or orders, the same being talwn at the full nominal	from $10 to $50
mlue thereof, hc shall forfeit and pay for every such offence a	Third or other of-
penalty of not less than Ten Pounds nor more than Fifty Pounds;	fence, loss of licence.
and in case of a third or subsequent conviction for a like offence such
licensed person shall, by the convicting Special Magistrate or Justices	Not to extend to live stock or grain taken
be deprived of his licence: Provided always, that nothing herein	of known householder.
contained shall prevent any publican fiom receiving in payment from known householders any live stock, wool, grain, or other farm produce, or garden procluce.

58. No person whatever shall, after the passing of this Act, under Liqu0rsn0t be

supplied to aborigines.

any pretence, directly or indirectly, sell, barter, exchange, retail, or givc or permit to be sold, bartered, exchanged, retailed, 'or given, any liquor to an aboriginsl native of the said Province, under a penalty of not less than One Pound nor inore tBan Ten Pounds for each and every such offence: Frovided always, that nothing hcrein contained shall be taken te extend to any liquor administered as medicinc by or under the directions of any duly qualified medical practitioner.

Act, who shall knowingly supply any sort of distilled liquor to any years of 56. Every person licensed to deal in wines or spirits under this ~ & ~ ~ ] ~ ~ ~ ~ ! &

boy or girl under thc age of twelve years to be drunk upon the

lings nor more than Five Pounds. premises, shall be liable to a penalty of not less than Twenty Shil- Supplyin intnxica-

57. Any person holding a publican's licence under the authority of Gng dri$ to prsona

this Act, or any other person responsible to him, who knowingly and in a state of ishxica-

~vilfully shall supply or permit or suffer to be supplied, spirits or tion, a misdemeanor.

other intoxicating drink to any person already in a state of intoxi-' cation, shall he guilty of a misdemeanor, and shall, on conviction thereof, for thc first offence, forfeit the sum of Ten Pounds; and for

the second offence, the sum of Twcnty Pounds; and any licensed ~ r m a ~ t y.

person guilty of such offence, shall, upon the third conviction, forfeit

his licence, and thereafter be incapable of holding a licence.

58. Every person holding a publican's licence shall cause clauses Clauses 5% 56' alla 67 to be set up in bar

Nos. 55, 5G, and 57 to be printed in large, legible, permanent, and and taproom,

conspicuous characters, or fairly written, and affixed in one of the

most public p a t s of his bar room, and also of every taproom belong-

ing

Licensed TTictzlallem Act.--1 86 3.

PART	--	ing to or used in connection with his licensed house, aud keep the
same so affixed, and fair, and legible, under the penalty of Forty Shillings, and a further penalty of Ten Shillings for every day during which the said clauses shall not be lccpt affixed, and fair, and legible as aforesaid.

Retail storesnot to be 59. No person holding a publican's licence, whose licensed house

kept together with

public-house8 in	may be in Adelaide, or any other town within the said Province, shaH
towns.	directly or indirectly have or keep any retail store or shop on account
of himself, or of any ot?w pcrson, .rvkich shall by door, window, or
in any other maiincr inl.ernally conmlunicate, or admit of a commu- nication with the licensed house or any allowed tap or taproom detached therefrom, ur which shall communicate or admit of com- munication with such liccmsed house, or tap, or tap room externally, ,cave by a separate public outer door or cntl-nnce thereto, under a penalty of not more than Five Pounds for every day during which such store OF shop shall be kept as aforesaid.

Perttons who hnve	60. If any person holding a publican's licence shall employ or
forfeited or been re-

fused Iicencee, not	permit any person who may have forfeited or bwn deprived of a
to be employed aa	liccnce undcl- this or any of the Ordimnces or Act hereby repealed,
managere, &c.	or who from misconduct or bad character may have been refused a certificate to cntitlc him to rcceive a licence, to bc employed as an overseer, or as a manager or supcrintendcnt of the house, or tap, cr tnprmm of such licensed pcrmn, or however called or designated to appear or act in that capacity, or in any way that may induce regular customers and the public gcnernlly to beli&e that he is an olerseer or a manager, or a suyerintenclen'c of the same, thcn and in such case the said licensed person shall forfeit and pay a pcrdty of not less than Two Pounds nor more than Twenty Pounds, and if subse- q~~ent ly convicted of retaining the sams person in the like capacity, shall be deprived by the convicfhg Special Magistrate or Justices of
his m7n licence.

P u l ~ i a n s to share 6 1. If m y person holding a publican's licence shall drni t any un-

prufits with ar cn~rust

nlanngcmrht of house licenscd penon as or to be his partner, or directly or indirectly

unli~erScd Or Un- permit a11 nniicensed person to participate in the profits of his

authorimd pel son.

licensed house or tap or txproom, or directly or indirectly agree with any such unlicensed person to let him have any interest what-

. ever in such house or tap or taproom, or the profits thercof, or

shall remunerate or suffer him to be renumerated for, or shall in any manner agree that he shall be remunerated for any services, or on any account, in proportion to the profits of such house or tap and t&woorn, or of the quantity of liquors sold or retailed on or from the housc or tap,or taproom, or s h d l abandon the occupation of such licensed housc as his place of residence, and permit any unauthorized person whatever to manage, supelintead, or conduct the business of such house, or whether residing in such house or not, shall permit any unlicensed or unauthorized person to appear to the public as, or to become virtually or in effect the keeper of the house, then, and in any or either of the said cases, upon proof of

the

26" & 27" VICTORIB, No. 9.	53
Licensed Victztallers Act.--1863.

P - P

thc fact to the satisfaction of any Special Magistrate or two Justices,	PART	zr.
the licence of the same house for the then current year shall becomc and be absolutely void, or at the discretion of the convicting Special Magistrate or Justices, such licensed person shall forfeit anil pay for such offence a penalty of not less than Five Pounds nor more than One Hundred Pounds.

62. If any person holding a publican's licence shall not keep the outer doon to bo closed on the Lord'r

outer doors of his licensed house, or of his separate tap or taproom, D ,

closed on the Lord's Day, except a side or private door, from one to Exception-

three o'clock, arid from eight to ten o'clock in the afternoon thereof,

unless for the purpose of receiving travellers (not being persons re-

siding in the town or places where such licensed premises are situate,

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 cvery such offence forf'eit and pay a fine of not less than

Five Pounds nor more than Fifty Pounds.

63. If any person holding a publican's licence shall not clear his Taps to bo cleared,

taproom, and close thc outer door thereof, and every other outer ,t eleven 09clock. and outer doors closed

door of his licensed premises at eleven o'clock of the evening of all worlcing days, and keep the same closcd until five o'cloclr in the morning, he shall for such offence forfeit and pay a penalty of not less than Two Pounds or morc than Ten l'ountls: Provided ncver- theless, that it shail be lawful for any such licensed pkrson to admit aamit t~a,

Zio22d fide travellers or lodgers living or staying in his licensed house aftcr' such hour, by mcaus of a side or private door: And provided also, that it shall be lawful for every licensed person to clear his t a p room and closc the door thereof, anil every other outer door of 111s

mid premises at ten o'clock in the evening.

64. Any person llolding :X publican's licerice may receive and Visitors at ifinnere, &C.., may remain aftcr

entertain visitors at any ball or diniicr party, or other special occasion, clmen o'clock by beyond the hours fixed by this Act, havinx first obtained the per- ~ " a l permh"~"

mhsion in writing in that -behalf of any t161 or more Justices, or a

Special Rhgis trate.

65. No holder of a storekeeper's licence or wine licence under this ~ ~ ~ % & ~ ~

Act shall sell in his store, shop, or premises, or have the same open for closing premihes of

the sale of liquor, as authorized by his licence, except between the % ~ ~ ; ~ ~ ~ ~ ~ ~ -

hours of six in the morning and eleven at night on the six business licences.

days of the week, and not at any hour on Sunday; and if any such

holder shall sell any such liquor at any other time than as aforesaid, or

shall otherwise act contrary to this Aactment, he shall be liable to a

penalty not exceeding Two Pounds for every offence, and every

separate sale or opening for sale shall be deemed a separate offence.

66. If any liccnsed person shall knowingly sell or dispose of, or ~ $ ~ ~, " 1 ~ ~ ~ ~

offer for sale any liquor which shall be adulterated or mixed with any deleterious ingredients whatever, he shall forfeit and pay for every such offence, any aum not less than Ten Pounds nor more

than

Q

260 & 27" VICTORIB, No. 9.

Licensed Victuallers A c t. 1 8 6 3.

P A ~ 11.

----	than Fifty Pounds; and in order to analyze such liquor, it shall be lawful for any Justice, on information on oath made to him, that any such liquor is adulterated as aforesaid, and on the deposit by the complainant of the sum of Two Pounds to defray the expenses
of such analysis, to authorize the seizure of such suspected liquor
and cause the same to be analyzed by some chemist or other com- petent person, and the expenscs of such analysis shall be a, portion
of the costs which such Justice shall havc power to order to be paid
by any person convicted.
Prnalty for evasion
of provisions disellorr-	67. If any pcrson h!olding a storclrceper's licence or mine licence shall, with intent to evade the pro~isions of this Act, take, or carry,

ing eonsump60n of

liquor premises of or authorize, or employ, or permit, or suffer ally person to take or

person licensed to sell.

carry any liquor out of, or from the house, shop, store, or preaises of such licensed pcrson for the purpose of being sold on his account or for his benefit, druillr or consumed in any other house, or jn any tent, slid, or other 1)remiscx of any kind whatever belonging to such licensed persou, or hired, used, or occnpicil by him, such liquor shall be rtce~rlecl and taken to havc bcen rlrunlr or consumed upon the premises of such licensed person, and hc shall, for every such offence, forfeit a sum not exceeding Five Pounds.

Closing o f honscs

against riot. 68. Any two Justices, if any riot or tumult slaall happen or be expectecl to take place, may wdcr or direct that every person licensed under this Act and Ireeping any hoi~ se situate within their respective jurisdictioi~s where silch riot or tumult shall happen or be expected to take place, shall close his house at any time which the said Jus- tices shall order or direct, slid any such person who sl1a11 keep open his house at or after ally hour at which such Justices slid1 have so ordered or directed such house to be closecl, shall forfeit and pay my sum of money not exceeding 'a'en Pounds.

Admissionof Justms	69.	I t shall be lawful for .ally Justicc, or Commissioner, Inspector,
from time to time into

houses.	into any licensed housc, or for any constable specially authorized in or Sub-Inspector of rJolice to delmnrl entrance, from time to time,	writing signed by anjT Cornmisaioncr, Inspector, m Sub-Inspector of Police, or by m y Justice, in any particular instance, to demand cntrancc into any licensed houec, ur the appurtenances thereof, at any timc bp day or light, and if ailrnittan~e be delayed for such time as shall make it appear that wilful delay was iirtended, the person so offending shall forfeit and pay any sun1 not exceeding Ten Pounds: Provided. that if such admittance be refused or ~vilfully
delayed, it shall be lawful for such Justicc, Inspector, Sub-Inspector, or constable as aforesaid, to break into and employ force to enter
such licensed home as aforesaid.
Prodnction of liccnoe.	70. Every person holding a licence und,er this Act shall, on demand at his licensed house or place wherein or whereat the privileges conferred by such licence shall be exercised, produce his licence to any Justice, or in default thereof shall be liable to a penalty not
exceeding Ten Pounds.

71. If

26" & 27" VICTQRIB, No. 9. Licensed Victuallers Act.-1 86 3.

71. If any person holding a publican's licence shall in any respect commit a breach of or any offence a$ainst the condition of his recog- Pub1ican9s PART 11-

liability

niaance to which no penalty is herem specifically attached, he shall ~~~$~~~

for every such offence forfeit and pay the penalties hereinafter men-

tioned, that is to say, for the first offence not less than Five Shillings nor morc than Five Pounds, for the second offence not less than Ten Shillings nor more than Ten Pounds, and for the third or subsequent offence not less than One Pound nor more than Twenty Pounds.

Part 111.-And with regard to offences against this Act by persons PART 111-

not holding licences-Be it cnacted:

72. If, after the passing of this Act, any unlicensed person shall h' o person to retail

less than five standad

directly or indirectly sell, barter, exchange, or retail, or permit to be witbout

sold, bartered, exchanged, or retailed within the said Province, less haYillg a licence-

than five imperial gallons of liquor, hc sllall forfeit and pay for cvery such offence a sun1 of not less tllaii Ten Pounds nor morc than Fifty Pounds.

73. Nothing in this Act contained slm11 be construed to apply to Exceptions.

the sale of ~ i n g e r beer, or spritice beer, nor to the sale by any person

-the occupier of n vineyard of not less than two acres-of wine of his own manufacture, from fruit grown in the Colony, in quantities of not less than one imperial gallon, upon the premises whe!?e such wine was manufactured, to be delivered at one and the same time, nor to any person selling any spirituous or distilled perfume bond fide as perfumery and not for thc purpose of drinking, nor to any kno~vn

and practising apotheca~ies, physicians, surgeons, chemists, or drug- gists prescribing or administering any liquor siiqdy as medicine or

for ~rlerticinal purposes.

'74. If' any person who shall have purchased any liquor from any Pers~ns drinking in

person holding a storekec.par's licence, or a wine licence, shall be Ppr60ns holding the house or store of

found drinking s~lch liquor, or opening any bottlc containing such keeper's or wine licenccs liable to

liquor, in or about the house, or on the premises described in the and . b

licence granted to such holder, he sllall forfeit and pay a sum of apprehended*

not less than Twenty Shillings nor more than Five Pounds, aud

every person so offending may be apprehended without warrant by

any constable or other peacc officer.

75. Any Justice, Inspector, or Sub-Inspector of Police, constable, ~ ~; d ~; ;; ~ d; ~; ; ~

or other peace officer may seize and take away, or cause to be seized and conden1nr.d.

and taken away, all such liquor as he or they shall have reasonable

cause to s ~ ~ s ~ e c t to be carried about o~ exposed fbr sale in any

street, road, or footpath, or in any booth, tent, store, or shed, or in

any other place whatsoever, by m y pci0son not licensed or authorized

to sell the same, and the vesspls containing the snmc, and all the

vessels and utensils used for drinlririg or measuring the same, and

any cart, dray, or other carriage, and any horse or other animal em-

ployed in drawing or carrying the same, or used in the conveyance

of such liquor as aforesaid; and any one or morc Justice or Justices,

an

66 26" & 27" VICTORIB, No. 9.

Licensed T'ictuallers Act.-1 863.

PAR' 111.	on his or their own view, or on proof of such offence by oath, may
convict ally person so offending of carrying about for or exposing to fiale such liquor without a liccnce, ancl on conviction such person shall fodeit and pay any sum not exceeding Fifty Pounds, or be imprisoned for m y period not exceeding four months, and it shall be lawful for such Justice or Justices to adjudge such liquor, vcsscls,
and utensils containing the same, and any cart, drav, or other car-
riflge., horse, or other animal used in conveying the k n i e to be for- feited, and to order and direct the same to be sold, and the proceeds thereof, after deducting the expenscs of sale, ehall be appropriated in the same manner as tines and penalties are hereinafter directed to be appropriated.

'Unlicensed houses,

wherein liquors are	156. Upon information in writing, and on oath bcing made suspects and believes that any liquor is habitually solcl or retailed in any &licensed house. or ~1ac.e to be described in such information
suspected to be re-	before any 'Justice, by any constable or creditable person, that he
tailed, may be
searched.

, I

(snch" constable or othcr pcrson in such information setting forth and

be lawful for such or any other Justice, in his discretion, to grant P	s l~omin~ reawnable grounds for such belie$ and suspicion), it shall
111s warrant to any constable or constables to enter a i d search such house or place by day or by night, which said constablc or constables may break open the doors if not opened within n rexsorablc time -
after demand, ancl seize all such liquors as he or they shall find there, and also the vessel or vessels containing the snme, ancl detain whas may have been so seixecl, until the owncr thereof shall appear bcfore a Special Magistrate or two Jnsticcs to claim such liq-nm, and

Liquors found map be shall satiifY ssllch @agistrate or Justices how or for what purpose

condemned nnd sold. he came possessed of the same, a id if it shall appear to thc said Magistrate or Justices, after clue examination, that such liquor was in the mid house or $ace for the purpose of l;eiag illegally ;isposed

of by retail, then such Xagistrate or Justices shall adjudge the snme to be condemned, and the same shall be forthwith sold, and one-half of the net proceeds thereaf paid to the use of Ncr Jlnjcsty, and the

shall be restored to the owner thcreof: othcr half to the party informing, othcrwise the property so seized

~ c ~ p c w, &C., o f g a h '77. If the keeper or any othcr ofticer of or belonging to ally

finco,snt not to sell building used as n, gaol, house of correction, penitentiary, or match-

or other places of con-

wine or 8~ir.itstherein. ]louse, shall sell, lend, or give away, or knowingly suffer ally wine or spirituous liquors to be sold, used, lent, or given away, or to be brought into any such building, escept thc sninc shall have been prescribed in writing by thc lncdical officer attending such gaol, house of correction, penitentiary, or watchhonue, as aforesaid, such keeper or officer shall forfeit and pay a penalty of not less than Five

Pounds,nor more than One Hund~ed Pounds.

Permns taking or at- 78. If any person shall take, or endeavor to take or pass liquors

liquor without autho-	tem@ngto introduce into any such buildings as mentioned in the last preceding section,
rity into goals, PC., to except the same shall have been prescribed as aforesaid, the keeper,
pay a penalty. or any of his officers, or any constable, either ztlonc, or with the assistance

26" & 27" VICTORIZ, No. 9. - 57

Licensed VictuaEZers Act.-1 863.

assistance of any other person, is and arc hereby authorized and

PART m.

empowered immediately to apprehend and carry every such offender before :my Special Magistrate or two Justices, who sl~all and may without any written information exhibited for that purpose, hear and determine such offence in a summary way, and if by the oath of one credible witness, or otherwise, such person or per- sons shall be convicted of such offence, he shall forfeit and pay for every such offence a penalty of not less than Tcn Pounds nor more than Fifty Pounds: Provided always, that iiot11ing hereinbefore

contained shall extend to or affect any keeper or deputy keeper in Not to affect

respect of liquors brought into any such building, and kept there having wine or spirits

for the use a i d consumptiorl of, and ~vhich shall in fact be used and for their own use.

consumed by such keeper or deputy keeper at his own residence within the said building, nor sl~all i t be talrcri to extend to the in- troduction of the ration of spirits issued for the use of tbe guard stationed within such gaol, house of correction, penitentiary, or watchhouse as aforesaid.

'79. On information upon oath by any crccliblc person, that he Upon information, knows, or suspects and bcliews that liqnors are illegally kept 01. ~~~!~k~;o~'~e disnosed of in any such building, and shall set forth reasonable liquors.

for such wbelief and su$icion, any Justice may personally

search for, a i d seize and detain, or by warrant authorize the Commissioner or other officer of police to search for,? and seize and detain, all such liquors as shall be fo~md therein, and to briug the samc before any Special Magistrate or two Justices, and if i t shall

appear to him or them nftcr due csamination, that such liquors were

illegally taken or kept thwc for the purpose of being sold or disposed

of, then such Magistrate or Justices shall adjudge the said liquors to Liquors foo,,d to be

be condcmned, and the same shall be forthwith sold, and one-half of mn"mnee.' anbo ld#

the net proceeds thereof paid to thc use of Her Majesty, a rd tlm

other half to the party informing, otherwise such liquors shall be

restored to the owners thereof.

80. The keeper of cvcry such building shall cause the last four A copy qf the last four sections to bo

preceding sections to bc printed or fairly written and affixed to one hung up in

of the most public parts of the inside of the said building, and keep &c.

the same fair and legible under a penalty of Forty Shillings.

PART IV.

Part 1V.-And with regard to legal procedare and evidence-Be it

enacted:

81. Every proceeding under this Act against licensed or unlicenscrl ~ ~ ~ ~ ~ ", ~ ~ ~ ~ e ~ i m d

persons for omissions, defaults, neglects, acts, or offences, to which under Ordinancc NO.

forfciturcs or other penalties attach, shall be heard and determined G, o f 1850.

in a summary way b i any Special Magistrate or twe Justices, under

the provisions of an Ordinance of the Governor and Legislative

Couhcil No. 6 of 1850, " To facilitate the performancc of the duties of Justices of the ~ e & e out of Session with respect to summary

convictions	and orclers," or of any Act hereafter to be in force
relating to	the duties of Justices of the Peacc with respcct to

fiurnmary

..

50	26" & 27" VICTORIB, KO.	9.
Licensed Victuallers Act,-1863.

PABT m.

summary convictions and orders; and all convictions and orders

may be enforced as in the said Ordinance is mentioned..

Uhlees legally re- 82. For the purposes of this Act every public notice appearing in officer thereto affixed, shall be dcemed and taken to be in all judicial proceedings whatever, without other proof on production only of such Gazette, conclusive cvidence (unless rebutted by a legally proved negative) of recognizances having been entered into by, aud of licences having been issued to, the persons named in m y official notification inserted in such Gazette as having had licences issued to him or tl~em, and th'dt the said recognizances and licences were in the forms prescribed by this Act.

butted,notices ap	ar-
ing in Gazette to r	e the Gmernme)tt Gazette, and having the signature of any public

aonclusivo evidence.

Production only of	83. If	any original recognizance entered illto uiider this -4ct, a i d
original recognizance

CCrt&d &it filed by the Clerk to the Justices, shall, at any time be called for,

having bcen entered	eyiac.cc of the san:e or be deemed xecessnry by any Court, the -pro&ction only of such
i c t ~. recognizance by such clerk, or a copy thereof certified by hiin as a true copy, aud transmitted to the Clerk ofb such Court, and thc pro- duction thereof accordingly by the person in possession thereof shall, without proof as to wherc the original or certified copy came from,
UnIcae rebutted. or any other proof whatever, be deemed conclusire evidence, unless rebuttcd as aforesaid, of the recognisaiice having been duly entered

into by the several persoils nu~ned therein.

Tn proceedings for

retailing illegally, the 64. In all proceedings against any ycrson for retailing or per-

dcfendaot to bu

mitting liquors to be retailed without a licence, such person shall

deemed unlicensed,

uulcss satisfactory

for dl purposes connected with those proceedings bc: deemed UU-

prao f tu~s~ontrary.

liccnscd, unlcss he shall at the hearing of the case produce his

licence to the Special Magistrate or Justices, or furnish other satis-

factory proof of his being licensed.

Unlicensed person ex-

85. The ikct of any person who does not hold n ficence under this house or vrernises, or having such house fitted up with a bar or other containing b o t t h or casks openly d i$qwl so as to imply or give reasonable cause to believe that such house or premises is or are licensed for the sale of any liquor, or that such liquor is sold or served therein, or for there being found in such house or premises

hibiting sign, Cc.,

p r i m fa& evidence Act, keeping up any sign, writing, or other mark on or near to his

of sale of liquor ;

a quantity of liquor more than is reasonably reqnired for the use of

liquor seized for bcing the pcr sons rcsiding thcrcin, shall be dcemcd prima Jacie evidence

of proof on defendant. liquor shall be carried about from one place to arlother as mentioiwd carried burden of the unlawful sale of liquor by such person; and in all cases where

in clause 76, the burden of proving that such liquor was not so carried or cxposed for sale, shall be cast on the party or parties carrying or exposing the same.

Evidcncc of sale.

86. The delivery of any liquor either by the owner or occupier, or

his or her servant, or other person in the house or place, shall bc

deemed and taken to be good primri facie evidence of money or* ather consicleration being given for the same, so as to support a conviction,

unless

26" & 27" VICTORIX, No. 9.

Licemed Victuallers Act.- 186 3.

unless proof shall be made to the contrary to the satisfaction of the	PART
Special Magistrate or Justices hearing the case,

87. If any unlicensed person, being a deder in other things by retailing. mat8hallbe aecned

retail, shall give away or delivcr any liquor to any person coming or scnding to his: house for other things, under the pretence of such person being n customer, or under any pretence whatevv*, or slid1 sell or deliver any such liquor in a quantity equal to or more than

five gallons, with an understanding that part thereof shall be re-

turrled, and the quantity so sold or delivered, after deducting the part returned or to be returned, shall then be under five gallons, sudl unlicensed person shall be cleemcd u retailer of the liquor so given away or sold, or delivered, and slrall be liable as for selling the same by &tail without a licence.

I t shall be lawfd for the Special Magistrate or Josticcs sittirg at or on the hearinrr of anv iuforrnation or comdaint under this Act U

88.

for retailing without a. l~cencc, to determine'thc fact of rctailing according to the circumstances of or attending each and every par- ticular case, without direct evidence of money or value llaving been given for the liquor alleged to have been sold or retailed, or of auy particular person having himself so sold or ~:etailed.

89. No conviction shall be had under this Act for any act happcn- laid within Jriforrnations to be

ing more than three calendar nionths before the time of filing the months after the	offence.
information or complaint.
90. There shall be ;m appeal from any conviction by any Special Blagistrate or Justices for any offence against this Act, or from any	Appcal to !.delaide
Local C w r t of Full
Jurisdic?~on.
order declaring the forfeit of any licence as lm~inbcfore mentioned, or from any order disnlissing any illformation or complaint, or from any orclcr for payment of costs or otherwise, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the
by the said Ordinance, No. 6 of 1850, for appeals to Local Courts; proceedings on such appeal shall be conducted in manncr appointed
but the IAocal Court of Adelaidc aforesaid may make such order as
to payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds: Provided always, that i11 all cases of appeal against any order or convict.ion of any Special Magistrate or Justices declaring any licence granted under this Act to be forfeited,
the appellant shall, within four clays of the date of such ordcr or
conviction, give to the Clerk of the Court in which the case was heard, or if there should be no Clerk, then to the Special Magistrate or Justices adjudicating, notice in writing stating his intention so to appeal, which notice shall be in addition to the notices r ep i r ed to be given by the said Act No. 6 of 1850.
91. Thc Local Court of Adelaide, upon the hearing of any appeal, may state one or more special case or cascs for the opinion of the	Tlocel Comt, upon
hearing of appeal,
may state .special qw,
Supreme Court, and the Supreme Court shall hear and decide such special case or cascs according to the practice of the Supreme Cou&

OR

26" &: 27" VICTORIB, No. 9,

Licensed Yictz~allers A c t. 1 8 6 3.

PART	on special cases, and the Supreme Court shail make order as to costs
of any special case as to the said Court shall appear just; and any two or more Justices, or the Locd Court of Adelaide, slldl make an order in respect to the matters referrcd to the Supreme Court, i11 conformity &th the certificate of the said supreme-Court, or of any Judge thereof; which order of the Justices or Local Court shall be expressed in manner provided for the enforcement of orders of Justices under the said Orciinailce No. G of 1850; and, save a8 lierein provided, no order or proceeding of any Special Magistrate or Jus- tices, or of any Local Cou~rt, made under the autliorlty of this Act, shall be nppeabd against, or removed by certiorali, or otherwise, into
the Supreme Court of the said Province.

PART v. Part V.-And with 1egar.d to the clistribution and application of

--

penalties and moneys received for licences-Be it cnacted:

nistriaution ofpenal- 92. One half of every pecuniary penalty imposed by this Act shall

ties.	(except where otlierwisc dirccted) bc paid to the use of Her Najcsty,
and the other moiety to the use of the complainant or informant,
over and above any costs or charges to which he may be entitled: Provided always, that all such fines, penalties, and ijrfkitures what- ever may bc remitted wholly or in part, and either with or without conditions, by the Go~ernor.

of licence

money, penalties, 93. All moneys that may be received for licences or for penalties, as fees under and by virtue of this Act, shall be, and are hereby res~rved to Her Majesty, Her heirs and successors, for the public uses of the said l'ravince, and the support of the Goveni~nent hereof.

f i n U	,	excepting moieties of the same assigned to inforincrs by this Act, or
A COS.

PART VL Part VI.-And with regard to protection to officers "and general

matters-Be it enacted:

Governor may appoint

any one or more 94, I t shall and map bc lawful for the Governor to aominatc and appoint one or more person or persons, at any distant place or places

or to

grant licences under

this Act at distant	within the said Province, to issue licences for selling a d retailing
places.	l i q ~ ~ o r under the provisions of this Act, and such licences so issued by such person or persons shall ho wztlid and effectual, to all intents and purposes, as if the same mere issued in the manner here- inbefore specified for that purpose: Provided always, that every pcr- son to whom such licences shall be so granted as aforesaid? shall, in
all respects whatsoever, comply with and be subject and liable to the
rules, regulations, penalties, and disabilities, and shall do and per- form all things whatsoever, which persons liccmcd under the yrovi- sions of this Act are required to do, or to which such are made subject,
Governor may make

regulations r ~ t i n g 95, It shall be lawful for the Governor, upon the recommendation

publican$ I B H ~, on of the Marine Board (such recoinmenilation to be signcd by the respecting the lamp required to be kept by any licensed publican residing near to the sea coast, as the said Marine Board may

reoommena8tiwc6 President and Secretary of the said Board), to make ssnch regulations,

%@fine Board.

recommend;

26O & 27" VICTORIA3, No. 9. 61

Licensed Victuallers A c t 1 86 3.

recommend; and such regulations shall be published in the Gazette,	PAP*
and being so published, shall free and discharge any licensed person acting under the authority thereof, from any penalties to which he might otherwise be liable in respect of such lamp.

96. AI1 actions and prosecutions to be commenced against any Protection to officers.

person for anything done in pursuance of this Act shall be com- menced within three calendar months after the Act was committed, and not otherwise; and notice in writing of such action, and the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and the defendant in any such action may plead the general issue and give this Act and the special matter in evidence at any trial; and the plaintiff shall not re- cover in such action if tender of sufficient amends shall be made before action brought, or if after action brought the defendant shall pay into Court sufficient amends, but in such last-named case the plaintiff shall recover his costs of suit up to the time of pay- ment into Court, and if a verdict shall pass for the defendant, or the plaintiff become nonsuit or discontinue, the defendant shall recover full costs as between attorney and client, and have his remedy for the same in the usual way.

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DAT,Y, (' xovernor.

26" & 27" VICTORIX, No. 9.

Licensed Victuders A c t. 1 8 6 3.

SCHEDULE A.

Form of Notice o f Application for a Publican's Licence.

NOTE.-If the applicant be a licensed person seeking for a renez~nl of the same

licence for the same prenzises, alzd ~ ~ ' i t h o u t alteration as to tap or nzanager, the notice

i s to be conjined to i l m e p t i n t s, and no certzjfcale will be necessary.

To the Worshipful the Justices of the Peace acting in and for the Province of

South Australia :-

I, AB., of [here state the residence a d trade or calling], do hereby give notice,

that it is my intention to apply at the next meeting of Justices to be holden in and for the llistrict of in this behalf, for a certificate approving of m y receiving

a licence to sell and retail liquor in the house and premises situatc in strect

at and which I intend to lreep as an inn or public house.

I beg to propose C.D., of [residence, trade or calling], and E.F. o f [ ~ e s i d e w e, t ra~le

or cczlliny], as my sareties.

Dated this day of one thousand eight hundred and

A.B.

If the applicnd desires to imp .p tap or tnproont scparn fe f r o m the hozlse, or

hnving a spara te w t e r d o o ~, add as follozos :-

And I am desirous of receiving t!le S i 4 s e s Y approval of my keeping a tap [or

tap mid taproom" or a tnproonz," i t s the cusp m a y he] about

from the house and ilctachcd thercfrom [or, if the case vrpz~ires i t o f srzy k q h y a

lap," Or L' tap and taproom," or a " fq))'oon~," itt the hoz1sr, b?d with ct 6cpurutc outer rhor thereto] and of G.11. [rcsirlencr, kwtlc or calliny] being permitted to havc the

personal mar~agcrnent and silperintenclence thcrcof.

A.B.

We, the undersigned housekeepers, c10 hereby ccrfify that the applicant, A.B., is well known to us, and that he is of sober lifc and habits, and cf good fame ancl reputation, fit to be entruslki with a licence to keep an ina or public-house, and able to manage the sari-e.

Dated this day of one thousand eight hundred and

1.J of

K.L., of

M.	N., of
If n separate tap or taproom is reyuired, add as jXJows :-

We, &C., [aa ira the forqoingl d o hereby certify that G.H. [here Lrsert place of resideficz, trade, or cnklilzg] is well known to us, &c. [as in theprececling], and fit and

able to manage either a tap or taprwm, and both.,

Dated this day of one thoxsand eight hundred and

O.P., of [Here insert place o f residence, and add to

&.R.,	uf	it trade or calling.]
S.T.	sf

Form

Licensed T7ictzia1l~s A c t. 1 8 6 3.

Forw of ATotice Applicntio7afor a Sto~efiee~3eY'~ .,?%elzcc.

I, A.B., id [here state residence, trnde, or ctrllhY], c10 hereby give notice tha t it is my intention to apply a t the n e s t meeting of Justices, to bo holden i n this bel~alf,

for n certificate a p p r o ~ i n g of niy receiving a storekeeper's licence to scll and retail

liquor in thc house and premixs situated in	strcet, and which I illtend
to keep as a store.

Datod this day of one thousand eight hundred and

A.R.

W e, the undersigned housclioldcrs, do 1icrcl)y crrtify that t h s al)plicant, A.13., is

well l i n o i ~ n to us, and that Iic is of sobcr lifc and habits, a d of good fame and

reputation.

C.D.

E.F.

G.H.

F0or.m of Recog?zim~cc to be cn/n.crl irlto ly Persons holding Pufilicand or Storekeepers'

L ~ C C ? I I ~ rind Stivetics.

Be i t rc-nmnberecl, t h ~ r t on this day of 18 A.B.

[hem imwt wci(lemv, am/ trnde o~ calli12~], C.D. there i ) ~ s t A r ~ s i d m c e ntad trade or

calliu7] and E.F. [IWI-C i ) l s r r f r ~ s f i l ~ i m, n d trnde ~r cdliliy], camc personally before

us, C;.li. and 1.J., Il:squircs, two of H c r Mnjcsty's Justiccs of the l'cace in and for

the l'rovincc of South Austr,llia, ancl acknon~lcdgccl t l l e n ~ ~ e l ~ e s to OIW to our Sowreign Lady thc Quccn as I'ollons, that is to say-the snid A.13. 'ine sum of One Hunclicd Pounds, arid tllo said C.D. and E F, tllc sun1 of Fifty Pounds each, of lawful m o w y of Gic.,rt 13ri;,li.i, t u Le lc\ iod on their goocls and cliuttels, lands and

tcnenicnts, to t!ic use of uur stid L u l y [lie Qut'cn, l I c r hcirs and successors, by way

of recognii.lance, in case dcI'21ult sllall bc I W I L ~ C i n tiny or citllcr of the conrlitioils of such rewgnizmcc, thc cunrlitionu of nliicll rccogniz,ince arc, that if thc snid A.B., who shall receive a licencc to lrccp [ W L im U Y pidlic J ~ O Z ~ S C 01' tore] in street,

at by the name or sign of and to sell and retail liquor tllercin

to the 25th day of Marcl,, in tllc year nes t cnsuing inclusive, and do ancl shall obey, and keep every law, regulation, and provision contairicd in the Liccnscd Victuallers' Act, 1863, and ecll none othcr than good and wholesome liquors, without f r a ~ d u -

lently diluting or a d ~ ~ l t e r a t i n g thc same, and not introduce or permit bull baiting, dog or cock fighting, gambling, or any other clisorder or disturbance in or on nny

part of 11is house or premises, or get drnnk in his said house, or knowingly permit any other person to gc t clranlr therein, or to remain whcn clrunk in or on the	same, nor suffer any ilrusken or disorcleily person to enter the same without
immediately ~ c m o v i n g hi111 thcrcfrom, nor suflfcr any riot, fighting, affray, tumult, nuisance, annoyance, or distuibnnce to tnlrc place, or continue in or on the said house or premises, bu t on thc contrary do and shall manage aud conclnct such house and prcinises an$ tllc business thclcof pcaccnbly and quietly, and maintain nnJ prcswre good orclcr and rule thercin on all occasions, then such recognizance slmll
bc void, othr.rwisc thc same shall continue in f d l force.

Taken and nclrnowlrdgcd beforc 119,

G.H.

' I.J.

a-

Form o j Justiccs' C'erft'Jcdc rrzil7m-i~ir~g r,icrnre f,) be issz~etl / f a be uzocli&~l nccordiuy

to She m t u w of the 1,iccwce).

W e, A B, and C.D., Esquires, two of H e r PIaje:jty9s J I ~ C P S of t h ~ Peace, in and

for the Provincc of Sonth Australia, do herchy wrtify that: at n genernl niceting crf

such Justices 11olilcn a t in th: said Province, on the

day of

for the consideration of applications for certificates of approval

of

if4	26" & 27" VICTORIB,, No. 9.
Licensed Victtc~ Zlers Act.-1 86 3.

-

of persons receiving licences undcr the Licensed Victuallers' Act, 1863, E.F. [here znscrt resirlence, trade orculling] applied for a certificatc in his favor, and that the Jas- tices assembled at such n~ceiina were satisfied that thc said E F. had comp!ied with

the requisitcs in that behalf, as in such Act mentioned: And WC, the said A.B. and

C.D. do therefore hereby authorize tllc T r c a s u r ~ to ibsue a [Yu6ll'can's, S(orekecyer'~,

or Wim Licence, as the case mny be!, to him for [here describe the premises for tuhirh the liceme is to be granted, ?;/ the Zisellce is n Pttbticnn's, gicimj ulso the name of the house-$ a StoreXeeperTs Lkeitcc, rlescribitlg the prcn~is2s, a d statkg zo?~e/hc>r shop, store, poems, or otherwise], from the day on which the licencc money shall be paid

to the said Treasurer to the 25th day of March, in the rear 1s inclusite.

Givcn under our hands at this day of

one thousand eight hundred and

A.B. C.D.

To Zc atklrtb when necessnry ns to premises i ~ z at thcfont of the

foregoing cert$'cqte, adapling tlu Znnglrage to the ~ivcz~nzslnuces :-

Memorandtm-That thc Justices assern1,lcd as a b o ~ e, :~pprowtl of a tilp or tap-

room Lor, gc., as the w s e IIZ(I!/ Ire] being kept by the sai(1 [nppliccttztfor liceitce] nnd

of G.H. having the imsonal management and supcrintcndence th~reof.

.A.R.

C. D.

SCHEDULE D,

P;br9)b of a Pttblicnw's Licence.

Whereas A.R., of hnth &posited at my officc n ccrtificatc from two of

the Justtces assembled at thcir meeting, hcld at on the day of

one thcusand eight Lun'drcd and autllorizing the issuc to thc said A.13. of

tr publican's licence, for thd house cal!cd or known as situate at

in the Yrovincc of South Australia: And whereas thz said A.B. Ilalii p i 6 into m y officc the sum of sterling as the fee on such licence, now I, the undersigned, bcing the Treasurer of South Australia, do hereby liccnse the said A.R. to sell liquor in any quantity in such house and thc a p p ~ ~ t c n a n c e s there- unto belonging, but not elsewhere, and this licencc shall commence upor, the day of thc date hereof, and continue in force until the twentyfifth day of March in the gear now next ensuing inclusive, provided it be not forfcited in the meantime.

Glvcn under my hand a t this day of one thousand

eight hundred and

C.D., Treasurer.

SCHEDULE

Form cf a Stnrekceper's Licettce.

Whereas A.B., of hath deposited in my office a certificate from two of

the Jnsticcs assembled at their meeting, 1;cld at on the day of

one thousand eight hundred and authorizing the issue to the said A.B., of

a storekeeper's licence for the shop [store, or roo?ns] of the said A.B., situate a t; And whereas the said A B. hath paid into my office the sum of Ten Pounds sterling as fee on such licence, now 1 the undcrsignetl, being the Treasurer of South Australia, do l~erebg license lhc said A.R. to sell and dispose of liquor in quantities of not less than onc gallon of spirits or one dozen bottles of wine

or other fermented liquor on the said premises, so that such liquor s l d l not be

drunk in or about the house or on the premises above descrtbed; but no liquor shall

be sold or dieposcd of earlier than sis o'clock in the morning or later than eleven

o'clock at night; and this liccrce shall cornlnence dn thc clay of the date hereof, and continne in force until the twenty-fifth dny of March in the year now next ensuing inclw&-e, provided it be not forfeited in the meantime.

Clken u n d e ~ my hand this day o f one thousand eight

hundred and

C.D., Treasurer.

SCHEDULE

26" &t 27" VICTORIB, No. 9.

Licensed Victzsnllers A c t. 1 8 6 3.

SCHEDULE F.

F o m of IVhe Licewe.

Vherc:ns A.B., of hat11 paid into my o6cc the sum of Four Pounds

sterling for a wine licence, now I, the undersigned, being t l ~ c Treasurer of South

Australia, do hercby licence the said A.B. to scll on [describe the p ~ ~ e ~ ~ z i s c s ] mead, wine, cider, and perry, produced in the Colony, by rctail and i n rcputcd quart or pint bottles only, and not to bc drunk or consumed on thc said premises; but no such mead, wine, cider, or peiry shall be sold or disposed of earlier than six o'clock in the morning nor later than eleven o'clock at night; and this licence shall commencc from the day of the date hereof, and continua in force until the twenty-fifth day of March, in the year now nest ensuing inclusiw, provided i t be not forfeited in the mean time.

Given under my hand this day of , one thousand

cight hundrcd and sixty-three.

C.D., Treasurer.

SCHEDULE G.

.Fo"ol.nz of Notice (of intention to upply for trander of Licence from one Person to

nnothw.

I, A.R., the holder of [sfnfc tAc nature of licer~ce] liccncc for the house and premises known as [or the sl~op, store, or roonzs, as the cose may be] situated a t

, do hereby givc notice that i~ is my intention to apply to the ,?xstices sitting at their quarterly meeting, to be hoiden a t Adelaide-nn the

day of [next or instant] to transfer the said licence to C.D., of

state present occz~pution 23f any of proposed transferee1

Dated this day of one thousand eight hundred and

A.B.

SCHEDULE H.

Form of Emlorsement of U transfe~ from ofie Persora to another.

We, the undersigned, two of the Justices sitting a t the quarterty meeting held a t Adelaide, on the day of , one thousand cight hundrcd and

, for the purpose of transferring licences, do hereby, upan the appli- cation of the within named A.U., the requisite notices for such transfer having been proved before us to have been duly given, transfer the rights and privileges of the within liccnce to C.D. for the residue of the term for which the same has now to run.

Givcn under our hands at Adelaide the day of g

one thousand cight hundred and

A.B.

+- C.D.

SCHEDULE I.

Form of Notice of upplicution to remove Licewe to other Prenoises.

I, A.B., tho holdcr of a [state the natzws of the licence] licence for the house and

premises known as [or the shop, store, or roonzs, as the case may be]

situated , do berchy give notice that i t is my intention to

apply to the Justices sitting a t the quarterly meeting to be held a t

on , to remove the licence to [describe theprenai~es to

which i t i s proposed to remove the 6usiness].

Dated thie day of , one thousand eight huadred aud

T A.B.

66 26. QE 27O VICTORIB, No. 9.

Licensed Victuallers A c t. 1 8 6 3.

. SCHEDULE J.

Form of Eiaclorserned of a removal f r o m one Uouse to another.

We, the undersigned, bcing two of the Justices present at tbe quartcrly meeting held at Adelaide on the day of , onc thousand cight hundred

and, and the requisite notice of application for removnl 11;~ving h e n prowcl bcfore us to have been duly given, do hereby declare that the within licencc shall henceforth ceMe to apply to the house and premises therein desclibcd, and shall henccforth apply to the house and premises known as the 9

and situate at [clcscribc it, the samr neamw a s i~t the origit2al licence].

C.D.

- E.P.

SCHEDULE I<.

Xozlth dtrstralia Be it, remenlbered that A.B. of , being thc holder

to toit ] o f a licence, is this day convictcd bcforc us, the under-

signed, two of Her M2.jesty7s Justices of the l'cncc for the said Provinc!: (or mc, thc undersigned, n Speci.J Magistrate of the said Province), for that the said A B. [here

set out the of incc of zohich he has Been conaictcd, ir7 t rZ i f the ofcnce i s n~ze to rchich

Jbrfcihre is not spcirdly dtached, nd-l J; and it having been p o d before us (or me) that the said A.B. has bcen twice beforc convicted within a, p e r i d of thrce calendar months of offences against the Liceiisecl Victuallcrs Act, 1863: Now me (or 1) do therefore ordcr and adjudge that Zhc said liecncr of thc said A.B. ~ l in l l be, and the

same is hereby forfeited jfcosls aw gisle~, add the procisr, tuitl~ r e p r d to costs con-

tained in S d e d u l e I2 %f the 01-dinnjtcc N o. 6 o f 18501. Givm under hand

this day of , one ihousnnd eight hund~ed and

C.D.

E.F.

-- -. - - --

SCHEDULK L.

Form of Certz@xte that Licence has Been destroyed.

Whercaa A.B., of , has proved to our satisfaction that he was the holder

of a liccncc, and that such licence has been lost [or desBmoycil, as fhc case mnry Be] ; TIOW we, two of the Justices sitting at thc quartcrly mecling held a t

Adelaide on the day of instant, do hereby ccrtXy that thc Justices

stitting a t the annual [or p a r t d y. as the cxsc may bs] rneeting on the day

of , one th6usand eight hundred and , did grant untq the szid

A.B. the ccrtificatc required by law prior to his obtaining such licencc.

Givcn under oar hands this clay of , one thousand eight

hundred and

C.D.

E.F.

--.p- . --

--.--L - -- -- - --.U-

..

Adcloide ; Printed by authority by W. C. Cox, Go~crnmont Printer, Yictoria-square.