Licensing Act 1868 (SA)

ANNO TRICESIMO SECUNDO

A.D. 1868-9.

No. 10.

An Act to further amend the Licensed Victuallers Act of 1863.

[Assented to, 30th January, 1869.1

HEREAS it is expedient further to amend "The Licensed Preamblr.

W Victuallers Act, 1863 "-Be it therefore Enacted by the	Governor of the Province of South Australia, with the advice and
consent of the Legislative Council and House of Assembly in the
said Province, in this present Parliament assembled, as follows:

1. Sections 12, 14, 15, 17, 18, 20, 23, 29, 33, 40, and 76, and Repeal of clause#.

Schedule A of "The Licensed Victuallers Act, 1863," are hereby repealed, except as to anything that may have been legally done

under them.

2. If any Special Magistrate, or two Justices shall approve of any upon mitten

person holding a publican's licence selling liquor in any booth or ~ [ ~ P ~ ~ ~ ! :!'$:l

building at any fair, military encampment, races: regatta, rowing Justiaea, seven days

match, cricket grounds, or other place of public amusement, for in ,tainpkoea.	licence may be grantrd
a period, not exceeding seven days, and shall signify his or their approbation thereof in writing, by a certificate in the form contained
in the First Schedule to this Act, then and there only shall it be
lawful for such licenscd person to sell such liquor accbrdingly, in
such booth or building for thc number of days specified in such cer-
tificate: Provided always that the approbation aforesaid shall not be construed as an authority for retailing to drunken persons, nor for admitting them LO the said booth or building for liquor, or allowing them to remain therein.

IZ 3. Any

30 32" VICTORIZ, No. 10.

Licensed Victuallers Amendmen Act.-l 868-9.

Premiaer may be

kept cpen by 3. Any person holding a publican's licence may keep his licensed

special permimion.	premises open on the occasion of any ball or dinner party, or on the occasion of any public amusement or entertainment, or public meeting, or on any other special occasion beyond the hours fixed by this Act, not later than twelve o'clock p.m., havizg fMt~obtained
the permission in writiug in that bchalf of any two or-more Justices
or a Special Magistrate: Provided that nothing in this provision shall extend to Saturday night: . Provided also that nothing herein shall be construed to restrict the powers conferred upon two Justices or a Special Magistrate by the sixty-fourth section of the said The Licensed Victuallers Act, 1863."
Certificates to be
granted to rid liquon	4. If any Special Magistrate or two Justices shall approve of any person holding a publican's licence selling liquor on any goldfields, in any erection or building to be approved of by such Special Magis- trate or Justices, it shall be lawful for the said Special Magistrate
on golaelda.
or Justices, to grant certificates in the form contained in the Second
Schedule to this Act, to sell liquor in a stated place upon such goldfield, for the residue of the term of the licence, subject to a fee of Five Pcunds, to be paid into the hands of the officer appointed by the Governor to have charge of such goldfield, and to be by him paid into the Treasury of the Province; snch certificates to be renewable for a further like term on like payment, until such time as perma-
nent townships may be declared in the vicinity of such goldfields;
and any person having such certificate situate within the area of one mile from such proclaimed township, after thirty days' notice from the Commissioner of Crown Lands, or person duly authorized
by him, shall cease to be entitled to sell liquor under such certificate.

Manner of applicaiion 5.

Every person desirous of procuring a publican's or storekeeper's licence under this Act, shall on or before the last Monday in February in every year, or if the application be to the Justices at any of their quarterly mectings, then fourteen days before the date of such meeting, post on the outer door of the premises proposed to be

for licencoe.

licensed a written notice in the form contained in the Third Schedule,

as the case may be, and shall deliver to the Clerk of the Bench of Jus-

tices written notices in the forms, as the case may be, contained in the Third and Fourth Schedules, accompanied by a certificate of at least three known housekeepers residing in the district wherein the in- tended premises are situated and in the form described in Ihe same Schedule; and if the application be for a publican's licence, and the applicant shall be desirous of keeping a. tap or taproom, or tap and

Separate tllp or tap-

taproom detached from his bona j d e dwelling-house, or in such

room.

house, but having any other outer door there~o than the house itself has (which d e s k shall be fully expressed in his notice), accompanied by another certificate from at least two known housekeepers, residing in the said Province, in the form lastly described in such Schedule, with notice of the name, residence, trade or calling of the person therein mentioned, who may be proposed to have the personal mailagcment and superintendence of the same tap or taproom, or tap and taproom: Provided always that every pel son applyixlg for a licence for premises

n hich

32" VICTORIB, No. 10. 81

Licensed VictuaEZers Amendment Act.-1 86 8-9.

which have not been licensed before shall, fourteen days before the Persona disqualified to hold licence8 or be-

meeting immediately previous to the meeting at which such appli- ,,,,

s,,,t~,

cation is to be made, file with the Clerk of the Justices plans of the buildings erected or to be erected on such prenlises, which plan shall be open to inspection, and shall be produced by the Clerk to the Justices at such first-mentioned meeting; and provided also, that no persons in situations under the Government, nor any constable, sheriff's officer, or other person 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 rccognizmces to be entered into under this Act.

6. General meetings of Justices shall be holden respectively at Adelaide, and in such other places as may from time to time be Mondav in RIarch in

appointed by the Governor i;l Council f& that purpose, on the eveaiear.

second Monday in March in every year for tile consideration of applications for certificates authorizing the issuing of publicans' or storekeepers' licences, which may respectively be adjourned for any time that may appear to be necessary; but decisions as to granting certificates shall not be given on any other than original or adjournment days, and when the Justiccs arc assembled for the consideration of applications as aforesaid, at all which meetings any Which may bead-

Justice wherever usually resirlent may attend, vote, and act, except journed.

such Justices as are hereinafter mentioned; and meetings of ~uartorly meetings

Justiccs shall also be holdcn at Adelaide on the second Mondjy in ~~'~~$~~~a$Ca- the months of June. Sent~:mber. and December in cverv war for the tions for transfers and J L .'.

consideration of applications for permission to transfer exlsting pub- new licences.

licans' or storekeepers' licences, and of applications for certificates

authorizing the issue of such licences for new premises, which rnect-

ings may be adjourned as the Justices find necessary, provided that May be

the Justices so assembled at such quarterly meeting shall not have as nocossary.

power or authority to receive or consider any application rejected at

the preceding annual mcctiiig or at any preceding quarterly meeting,

person or premises in respect of which a certificate s l d l have been or to grant any certificate under this Act for the licensing of any	refused at such annual or preceding quarterly meeting, except when
the Justices assembled at such annual or preceding quarterly 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 meeting; and at such quarterly meetings, all Justices entitled to attend, vote, and act at a general meeting, may also

. attend, vote, and act.

7, No Justice who shall be a brewer, rnaltster, distiller, or licensed On hearing applica*

cation for certificates

dealer in liquors, or in partnership with any such person or persms for licences, certain

be licensed, shall take part in the discussion or adjudication upon	directly interested as owner or manager of any house licensed or to i!$iz;s adjU-
any application for any certificatc for a licence, or for the transfer of any licence of any premises in which he may be interested, either directly or by reason of his dealings and business as a brewer, malt-

ster,

32 32" VICTORIB, No. 10. -- ----

Licensed Victuallers Amendment A c t. 1 8 6 8 - 9.

ster, distiller,-or licensed dealer in liquors, nor shall any such Justice sit or act on the hearing of any information, or of any appeal against any conviction under this Act, whenever such information or appeal relates to any premises in which he has such interest as aforesaid; and nothing herein shall be construed or taken to prevent any Jus- tice of the Peace, who may be a brewer, maltster, distiller, or licensed dealer in liquors, from taking part in such discussions or. adjudica- tions as aforesaid, or in the hearing of any information or appeal as aforesaid, unless he has an interest in the particular application, in- formation? or appeal being discussed, adjudicated upon, or heard;

nor shall any Justice, interested as aforesaid, grant any permission

to keep open house beyond the ordinary hour for closing; and any Justice, who being hereby disqualified, shall knowingly so offend, shall for every such offence, forfzit and pay the sum of One Hundred Pounds, with full costs of suit, to be sued for and recovered by action of debt in any Local Court of competent jurisdiction, by any one who will sue for the same: Provided that nothing herein con- tained shall extend to disqualify any Justice by reason of his making or selling any mine of his own manufacture from fruit grown in the Province,

Notioe of objection 8. No person, except as hereafter mentioned, shall be heard in

to be served.	support of any objection before the said Justices assembled at their annual or quarterly meetings, or at any adjournment thereof, unless notice thereof in writing, signed by the objector, and giving hi4 place of residence, and his occupation or style, stating the nature and grounds of the objections, shall have been delivered to the Clerk of the Bench of Justices at least seven clear days before the day on which such application is to be heard, nor unless the person objecting shall appear in Court personally or by counsel on the day
on which such application shall be heard: Provided that any officer,
constable, or member of the Police Force, appointed for that purpose by the Commissioner of Police, may be heard in support of any such objection without giving such notice as aforesaid, upon his appearing personally to state such objection at the time when any
such application may be heard,

N a t ~ o f o b j e c t i o n n ~ 9. The objections, of which notice may be so given, shall be one

of the following :-That the applicant is of bad fame ar~d character, or is of drunkm 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 S 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 accommodation of travellers, separated from the tap by a space of at least twelve feet, with a separate entrance; or that there ie not a stable on the premises capable of containing at least six horses, with a sufficient quantity of hay and corn; or that there is inclosed within the same fence as the house mentioned in the appli- cation, any store, shop, or dwelling-house, having means of commu- nication open within the yard belonging to such premises, and not

separated

3i" VICTORIE, No. 16.

Licensed Victuallers Amendment Act.-1865-9.

aeparated therefrom by any division, wall, or fence; or if the appli- cation is for a licence for new premises, that the applicant has not filed plans as hereinbefore mentioned, or that the general manage- ment of such house has not been satisfactory; or in the case of new licences, that such house shall not be required for the accommo- dation 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 inconvenience or annoyance to the persons using or frequenting such church, place of worship, hospital, or school; or that the quiet of the locality in which 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 neighborhood of such house; or if a licence has been already granted f& the sale of liquor in any other house in such locality: Provided always that any of the said Justices before whom any application may be heard as aforesaid, may, without notice, and upon any ground publicly stated, oppose the granting of any such application, and may state in evidence any facts known to them in support of such opposition,

be notified by the Justicea to the applicant, or to his counsel in open be openly dealared. 10. In every case where an application shall be refused, it shall arollnda of refusal to

Court, whenever so requested, whether the application was refused on account of the objections specified in such notice, which have reference to the applicant's personal fitness to hold a licence, or on account of the objections in reference to the sufficiency, convenience, and desirableness of the house and premises mentioned in such notice; and shall also, whenever so requested, specify the particular objection or objections, on account of which such application has been refused.

11. The Clerk to the Justices shall attend the Justices' yearly and Clerk to the Juetices

quarterly meetings, and minute the result of the proceedings, and on attend meeting.	or other persons to
receipt of Ten Shillings and Sixpence for each recognizance, and Two Shillings and Sixpence for each certificate of the Justices, to be immediately paid to the said Clerk to the Justices upon the granting of such licence, and shall deliver such certificate to, or to the order
in writing of the person in whose favor the certificate may have been

signed; and the Treasurer shall, on sight of the original certificate Treasurer on aighl of Justicea' certidcats

and receipt of the sum payable in that behalf, immediately issue a of licence

licence in the forms in Schedule D or E to Act, No. 9 of 1863 moneyp t o issue the

' licence as in Schedulen

as the case may be, and deliver it to the person paying for the same, D . ,E,	the CaM,
and every such certificate shall be filed and kept by the Treasurer, ;:;Eiie

he first registering the same in a book to be kept for that purpose. the certificate.

12. NO objection to a transfer shall be entertained, unless notice Tranafer of licences. Notice of objection t

thereof in writing shall have been delivered to the Clerk of the trmsfer of lioenas,

Bench of Justices at least seven clear days before the day on which

the application for a transfer is to be made: Provided that any Proviro. -

34 e 32VWICTORIA3, No. 10.

Licensed Victuallers Amendment Act.-1 868-9.

officer, constable, or member of the police force, appointed for that purpose by the Commissioner of Police, may be heard in support of any objection to a transfer without giving such notice as aforesaid, upon his appearing personally to state such objection, at the time when any application for such transfer may be made.

Transfer of licence in

certain cases providod 13, If the holder of a publican's licence shall die, become insol

for.	vent,or suffer his person or property to be taken in execution, or 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 suctl premises to become vacant, or if the occupier of licensed pre- mises, about to quit, shall have wilfully neglected to apply at the annual meeting for a new licence, then, and in any such cases, any member of the family, or the executors ox administrators of any person dying, or the assignee or assignees 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 wife or some one or more of the family of the licensed person, or his appointee or appointees, or the landlord or his agent, or other person bard jide entitled to the premises by sale, mortgage, or other- wise, may enter upon the said licensed premises and continue and carry on the business thereof until the then next quarterly meeting of Justices when an application may be made by any such person in possession for a transfer of the licence, and the proceedings to obtain such transfer shall be the same as in ordinary cases: Provided that in case any of the persons aforesaid shall enter upon any licensed premises, and continue the business thereof under the pro- visions hereinbefore contained, such person shall, within 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
notice from the said clerk attend before a Special Magistrate with lieu of the sureties of thz said licensed person, and shall on receiving Special Magistrate h a l l, discretion

to hold a certifi- if

_ -__C--__

previoysly r a u ~ e ~ - a

the Bench of Justices, and, if such person5hall enter into a=

n i z c t NoSchedule 9 of 1963, so far

L( qxtificate in the form of the Fifth SchGdule to this Act;"and any person so entenng ana c w i n g on the business as aforesax, 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 purposea referred to in this and the last preceding clause, a recognizance may	as the same may be applicable$mch Special M e r a t e map grant a
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.

14. Upon information in writing and on oath being made before

any Justice by any constable, or creditable person, that he suspects

and

32" VICTORIB, No. 10. 35

Licensed Victuallers Ame?zdnten t Act .1868-9.

and believes that any liquor is habitually sold or retailed in any ~	~	~	$	~	~	~	~	~	~	~	e
unlicensed house, or nlace to be described in such information (such imsnected to be

constable or other ;erson in such information setting forth' and " g ~ f $, ~ ~ y ~ ~

showing reasonable grounds for such belief and suspicion), it shall be lawful for such or any other Justice, in his discretion, to grant his warrant to any constable or constables to enter and search such house or place by day or by night, which said constablc or constables may break open the doors if not opened within a reasonable time after demand, and seize all such liquors as hc or they shall find there, and also the vessel or ~essels containing the same, and detain what may have been so seized until the owner thereof shall appear before a Special Magistrate or two Justiccs to claim such liquor, and

shall satisfjr such Nagistrate or Justices how or for what purpose he

came posscssed of thc same; and if the owner does not appear before such Magistrate or Justices within seven days, or if he does so appear, and it is shown to the said Magistrate or Justices, after due examination, that such liquor was in the said house or place for the purpose of being illegally d&posed of by ietail, then s u c h ~ g ~ i s t r a t e

or Justiccs shall adjudge thc same to bc condemncd, and the same sball Liquor found may be

be forthwith sold, and one half of the net proceeds thereof paid to the condemned and sold.

use of Her Majesty, and the other half to the party informing; other-

wise the property so seized shall be restored to the owner thereof.

15. Everv nerson holdine a nublicm's liccnce who shall use and NO communication to

J I U I

keep open, or permit to be used or kept open any communica- oublia hou8ea and be kept open between

tion by door, window, passage, or in any other manner, save by stores, or eating-

a separate public outer door, or entrance between his licensed house, a,,,,	houees, for supply of
or anv allowed tan or tanroonz detached therefrom. and anv retail store, ;hop, eatinghouse, br refreshment rooms, shall' forfeit &d pay a fine of not more than Five Pounds for every day during or upon which such communication shall be, or shall be permitted to be, used or kept open as aforesaid.

16. If any person holding a publican's licence shall sell or supply to Liquor not to be 80ia

any person not being a traveller or lodger, living or staying in his ~ ~ : ~ ~ e ~ ~ ~ f ~ e :

licensed house, in the tap or taproom, or upon, or from out of any d e n outer doors

part of his licensed premises, any liquor or refreshment whatsoever	law.
during the hours when every outer door of his liccnsed house is required to be closed under tlre provisions contained in the 63rd clause of the Act No. 9 of 1863, he shall forfcit and pay a fine of not less than Two nor more than Ten Pounds for every such offence,

Victuallers Amendment Act of 1865-6, shall (save and in so Act of 1863. 17. The Licenscd Victuallers Act of 1863, and the Licensed Incorporation with

far as the same are repealed) be deemed to be incorporated with this

Act, and shall be read together as one Act.

18. This Act may be cited for all purposes as The Licensed Shorttitle.

Victuallers Amendment Act, 1868-9."

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

this Act. F. G. TTAMLEY, Governor.

SCHEDULES

32" VICTORIB, No. 10.

Licensed VictuaZlers Amelzdment Act.-1 866-9,

--p

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

Certtycafe to Se l l Liquors in a Booth, a t Races, Fairs, &c.

I, A.B., Esquire, a Special Magistrate, [or we, C.D., and E.$'., two of Her Majesty's

Justices of the Peace] in and for the Province of South Australia, hereby approve

of , now holding a publican's licence, selling liquor in an open booth,

or tent, or building, a t , on the occasiun of a

for the space of days, subject to the provisions of U The Licensed Victuallers

Act of 1863," or of unr Act amending the same.

A.B., S.M.

or	f C.D., J.P.
( E.F., J.P.

SECOND SCHEDULE.

Certijcale to Sell Liquors in a certain place upon GoldJieZds.

I, A.B., Esquire, a Special Magistrate, or Lwe, C.D. and E .F. , Espuires, two of Her

,Wajesly's Justices of the Peace], in and for the Province of South Australia, hereby

certify and allow that the holder of this certificate, , now holding a

publican's licence a t , may sell liquors in a certain place or building known as,

or called situate upon the Goldfield known as for residue of the term of the general publican's licence h t ld by him, subject to the provisions of the Licensed Victuallera Act of 1863, or any other Act amending the same.

A.B.. S.M.

C.D., ,JP.

E.F., J.P.

N.B,-The place or building to which the above certificate is to apply must be

epecified as accurately as circumstances will allow.

THIRL) SCHEDUDE.

Form of Notice oJ Application for a Publican's Licence.

NOTE.--If the applicant be n licensed person seekiwy for a renewal of the same

licence for the same premises, and without alteration as to top or manager, the notice is to he confined to those points, and no house- keeper's csrt$cate will be necessary.

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

South Australia:

I, A.B., of [here state the residence nnd trade or calling], do hereby give notice,

that i t is my intention to apply at the next meeting of Justices to be holden a t

in this behalf, for a certificate approving of my receiving a licence to

sell and retail liquor in the house and prnmises situate in	street at
and which I intend to keep as an inn or public house.

[If the npplicaxt desires to Jeep a tap or taproom separate from the houee or

?lacing a s~para ie outer door, add as follows :-

And I am desirous of receiving the Justices' approval of my keeping a tap [or from the bouee and detached therefrom [or, ;f the case requires it, " oJ " t ~ p and taproom, or a 'I taproom," as the case may be] about

my kee-ping a

tap," or '' top and taproom," or a " tccproom," In the house, hut with a separate outer door thereto] and of G.H. [residence, trnde, or calling] being permitted to have the peraondl management and superintendence thereof.

Form of Notice of Application for a Storekeeper's I ' A C R ~ I C I.

l, A.B., of [here slnte recidewe, ira&, o r cn21ingl], do hereby give notice that it ia

32"'ICTOR9IB, No, 10.

- .- -- - A - -

Licensed .C'"ictuallers Amendment Act, 1868-9.

my intention to apply at the next meeting of Justices, to be holden at

in this behalf, for a certificate approving of my receiving a storekeeper's licence to sell

and retail liquor in the house and premises situate in street, and which

I intend to keep as a, store.

Dated this day of one thousand eight hundred and

A.B.

FOURTH SCHEDULE.

Form of p r o p o d of Sureties.

I beg to propose my present xureties or C.D., of [residence, trade or callifig], and

E.	F. of [residence, trade or calling], as my sureties.
Dated this day of one thousand eight hundred and

A.B.

Perm of Housekeeper's Cert@cate as to the Applicant.

We, the undersigned housekeepers, do hereby certify that the applicant, A.B., is well known to us, and that he is of sober life and habits, and of good fame and reputntion, fit to be entrusted with a licence to keep an inn or public house, and

able to manage the same.

Dntcd this day of one thousand eight hundred and

I.J., of [Here imert place of residence, and add to

K.L., of i t trade or calli~lg.]

M. N., of

If a separate tap or taproom is repzci~ed, add as follows:-

We, &C., [ a s in the foregoing] do hereby certify that G.H. [here insert place of

residence, trade or callinyl, is well known to us, &c,, [as ifi the preceding J, and fit and

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

Dated this day of one thousand eight hundred and

O.P., of [Hwe ime9.t place of residence, and add lo

Q.R., of

S.T., of i t trade or calling,]

Form of Housekeepers' CertiJicate.

We, the undersigned householders, do hereby certify that the applicant, A.B., is well known to us, and that he is of sober life and habits, and of good fame and reputation.	C.D.
E.F. Q.H.

FIFTH SCHEDULE.

Form of Certz$cate of Special Magistrate, authorizing person to enter and carry on

business in licensed house until next puarterly meeting.

T., A. B., Esquire, Special Magistrate, and Justice of the Peace in and for the

Province of South Austraila, do hereby certify that I have considered the application made to me by and am satisfied that he has complied with the requircments of the '' Licensed Victuallers Amendment Act, 1869," and that he is a proper person to enter into and carry on the businees of a publican in the premises licensed under a publican's licence, of date of the day of and

1 therefore hereby authorize him to enter and carry on business therein until the

next meeting of the Bench of Magistrates, to be holden on the day of

next.

Uiven under my hand this day of one thousand eight

hundred and

A.B.

C.D.

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-- - - m - -- - - - - - -- - -. - -

Adelaide: Printed by authority, by W. C. Cox, Gove~nment Printer, North-terra~.

&I