Licensing Act 1865 (SA)

No. 22.

An Act ficrther to amend " The Licensed Victuallers Act, 1863."

[Assented to, 16th March, 1866.1

HEItEAS it is expedient further to amend " The Licensed Preamble,

Victuallers Act, 1860 "-Be it therefore Enacted, by the

Governor-in-Chief of the Province of South Australia, with the advice

and consent of the Legislative Council and House of Assembly of the said Yrovincc, in this prcsent Parliament assembled, as follows:

1. This Act may be cited for all purposes as The Licensed Short title.

Victuallers Amendment Act, 1865-6."

2. An Act No. 14 of 1864, intituled An Act to amend the Repeal.

Licensed Victuallers Act, 1868," and Sections numbered 'l, 9, and 11 of The Licensed Victuallers Act, 1863," are hereby repealed, except as to any matter or thing done or commenced to be done under the said Act, or sections, or any of them; and all offences committed before the passing of this Act shall be punished in the same manner as if' this Act had not been passed, and licences issued under the authority of The Licensed Victuallers Act, 1863," and not expired at the time of the passing of this Act, shall confer the same rights and privileges as if granted after the passing hereof; Provided that nothing herein contained shall be construed to revive any Act or portions of Act or Acts by the said Act, or portions of

Bet or Acts repealed.

3. " The Licensed Victuallers Act, 1863," shall (save in so far as Incorporatioa

the same is repealed) be deemed to be incorporated with this Act,

and shall be construed herewith as forming one Act.

2~ 4. The

86 29" VICTORIB, No. 22,

Zicensed Victuallers Act Amendment Ac &--l 865-6.

Annual fee for

publicsn'e licenae.	4. The annual fee to be paid for a publican's licence shall be as follows:-If the house or premises described in the licence be situate in the City of Adelaide, or in any town, or within five miles of the City of Adelaide, or two miles of any town, the fee shall be Fifteen Pounds, and if the house be situate elsewhere, the fee shall
be Seven Pounds and Ten Shillings,

Annual fee for 5. The annual fee to be paid for a storekeeper's licence shall be

atorekeeper's licence.	~i~~	pounds.
licence.

Annual fee for wine	6. The annual fee for a mine licence shall be Two Pounds.
Alterations in
Bchedulee E and F	7. In reading the Schedule E to the said " Licensed Victuallers

the Liceneed Tic- Act, 1863," wherever the words Ten Pounds " occur, the same

tuders Act, 1863.	shall be taken to mean Five Pound&; and in the Schedule F to the same Act, wherever the words '' Four Pounds " occur, the sarne shall be taken to mean Two Pounds,
Wine licence to	8. Every wine Licence granted under the authority of the said licensed, to sell in the house, or shop, or on the premises therein specified, mead, wine, cider, and perry, the produce of the said Province, in any quantity, and the same may be consumed on the premises or otherwise.
coasumed on the

authOase wine	be Licensed Victuallers Act, 186 3, shall authorize the person therein
premieeii.

Lioenuee need not be

9. I t shall not be necessary that the person named in the certifi- cate of two Justices shall be a storekeeper or shopkeeper on the premises named in such certificate, but a wine licence shall be granted to any person if a Special Magistrate or two Justices of the Peace sitting in open Court shall certify that the person named iu such certificate is a. fit and proper person to receive a wine licence, and is the occupier of fit and proper premises for the sale of wine.

a rtorekeeper.

Exception*, provisions

10. Nothing in the said Licensed Victua ilers Act, 1863, contained,

of LicensedVictuallere

A&, 1863.	shall be construed to apply to the sale of ginger beer or spruce beer;
nor to the sale, in quantities of not less than one imperial gallon, to
be delivered at one and the sarne time, by any person the occupier of a vineyard or orchard, or the delivery after sale by himself or his servants, of mead, wine, cider, or perry of his own manufacture from honey or fruit produced or grown in the said Proviilce; nor to any person selling spirituous or distilled perfume bond jFde as per- fumery; nor to any known snil practising apothecaries, physicians, surgeons, chemists, or druggists, prescribing or administering any liquor simply as medicine or for medicinal purposes.

Debition of wine. 11. NO wine licence shall authorize any person to sell any liquid

containing more than thirty per eent. of alcohol of a specific gravity of ,825, at the temperature of sixty degrees of Fahrenheit's ther- mometer, and the worg wine" shall be deemed to mean the pure

fermented juice of the grape, free from any noxious drug or chemical; and

--

Licensed Victualles*~ Act Ant illendmen t Act.-l 865-6.

and any person who shall offend against this clause shall be liable to

forfeit his licence and to a penalty of' not exceeding Fifty Pounds or to not exceeding six rnontl~s'imprisonment with or without hard labor.

Supplying liquor to

12. Every holder of a wine licence wllo shall knowingly supply, or pcrmit to be supplied any liquor to any boy or girl under the age	ohddren under twelve
yeam of age.
of fourteen years, to be consomed on the premises, shall be liable to a penalty of not lcss than Twenty Shillings nor morc than Five Pounds.
Supplying liquor to
13. Any person holding a licence under this Act or the Licensed Victuallers Act, 1863, or any person responsible to him, who know-	persons in a state of
intoxication.
ingly ancl wilfully shall supply, or pcrrnit to be supplied any liquor to any person already in n statc of intoxication, shall be guilty of a misdenleanor, and shall, m conviction thereof, for the first offence, be liable to a penalty of Ten Pounds; and, for the second offence, to a penalty of Twenty Pounds; and for the third conviction to a penalty of Fifty Pounds, arid, in addition to such fine, sllall forfeit
his licence and thereafter be incapable of holding a licence.
Printed copies of

14. Every holder of a wine licence shall cause clauses 10 and 11 dames 10 and 11 of

of this Act. and clause 55 of Act No. 9 of 1663, to bc printed in this Act. .and clause

large, legible, permanent, and conspicuous characters, imd'uffixed in 6bf	be exhibited.	A 9 9	lsG3$	to
one of the most public parts of his house, and keep the same so
affixed fair and legible, under the penalty of Forty Shillings, and a
further pendty of Ten Shillings for every day during which the said clauses shall not be kept affixed and fair and legible as aforesaid.

or premises, or have thc same open for the sale of liquor, except and closing. 15. No holder of s wine licence shall sell in his store, shop, ourso of opening

between thc hours of six in the morning and eleum at night on the six business days of the week, and not at any hour on Sunday; and if any person holding such a licence shall sell any such liquor at any	other time than as aforesaid he shall be liable to a penalty not	exceeding Two Founds for every offence; and every separate sale or
offering for sale shall be deemed a separate offence.

16. Any police collstable may at slny time enter the licensed Police m ~ y search

premises of any person holding a wine licence, and may search Such holding wine licence premisee of persona premises for the purpose of ascertaining whether such licensed Or a retaiE*g licence. person has on his premises for sale any liquor not authorized to be

solcl by his licence; and. any such constable may seize and take away any liquor which he may have reasonable grounds for believing not authorized to be sold as aforesaid which he may discover on such licensed premises; and may, either on such premises or else-

where, submit slny liqnor so seized to m y test which he may

consider necessary for determining whether such liquor is authorized to be sold by such licence as aforesaid; and any licensed person as aforesaid refusing or wilfully delaying to admit any constable, or ~6struetructin~ or hindering any such search, shall be liable to a penalty

of not less than One Pound nor more than Ten Pounds,

17. If

2 9 VICTORI17E, No. 22.

I /

Licensed Victzcnllers Act Amendment Act.- 1865-6.

PenaWonlicenwd

persona selling liquor 17. If any person holding a storekeeper's licence, or a wine

otherwise than licence shall sell or retail any liquor, except according to the tenor

bp1icence. of and and as authorized by his licence, he shall be liable to a

penalty of not less than Ten Pounds nor more than Fifty Pounds

for each offence.

Person holding atore-

keeper's licence, not 18. No person holding a storekeeper's licence shall, whilst con-

to hold wine licence	tinuing to hold the same, be capable of holding a wine licence;
or retailing licence,	and if any such licence shall at any time be granted and issued to *
any person holding a storekeeper's licence, the same shall be void and of no effect, anything in this Act, or the said " Licensed Vic- tuallers Act, 1863," to the contrary, notwithstanding.
Clauees 83 of Licensed	19. The provisions of clause 53 of the Licensed Victuallers Act, No. 9 of 1863, shall extend to wine licences; the words L' malt liquors" in the last line but one of that clause being deemed in respect of wine licences to mean " wine."
Victuallere' Act,
Peraonal attendance of

licensed personsapply- 20. Nothing in this Act, or in the said 6'Licensed Victuallers Act,

ing for renewal of	1663 " contained shall be held or construed to require the personal
licence not necessary.	attendance of any licensed person at any licensing meeting of Justices for the purpose of procuring a renewal of his licence, unless notice of opposition to the renewal of such licence shall have been
c h l y given as prescribed by the said Licensed Victuallers Act,
1863 :" Provided that the Justices may, if they think fit, require
the attendance of any such person at any such meeting, or at any
adjourned meeting.

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

this Act.

D. DALY, Governor.

A W d e : Printed by authority, by W. C. Cox, (forernment Printer, Victoria-square.