Licensing Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 16.

2 N

2. The follo~ring ~ c t s, .lamely, " The Licensed Victuallers Act, Repea ofA~t8.

1863,'' The Licensed V:tuallers Amendment Act, 1865-6," and an Act No. 10 of 186~9, intituled An Act to further amend

the ~icHnsed ~ie tu i l le rs4c t of 1863," are hereby repealed, except.

as to any mattor or tlrig done, or cornmeticed to be done uader the said Acts, or any of tern: Provided that nothing herein con- tained shall be construe^ to revive ally Act, or portlons of any Act or Acts by the said ~c t s, or portions of the mid Act or Acts repeated; and all offenct committed before the passing of this Act ,shall be punished in tc same manner as if this Act had not been passed, and licences ".sued and recoguizanees entered into under the authority of any o the said Acts, and certificates issued

under the authority of thesaid Act, No. 10 of 1868-9, and not

expired at the time 01 tlie psillg of this Act, shall co~~fer tlie same

rights and privileges as ieranted under the authority of this Act.

3. Trl

114 33O VICTORIE, No. 16.

Licensed VictuaElers Act.-1869-70.

Inierpretation of

terms.	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 Liquor7' shall mean brandy, gin, rum, whisky, cordials, wine, ale, porter. heer, or any other spirituous, malt, vinous, or fermented liquors , the word " Town" shall mean the City of Adelaide and all other C~rporate Towns within the said Province, and any township or vil la~e containing thirty dwelling-houscs within a radius of one mile, and any place which may be proclaimed as a. township for the purposes of this Act, by the Govcrnor in Council; the word " Justice" shall mean Justice of the Peace for the said Province;
the word L' Street" shall mean any public square, place, road, terrace,
or thomu&fare, in any town or place subject to the provisiotls of this Act ; €he expression " Governor in Council," shall mean the Governor, with the advice arid consent of the Executive Council; the word C L Gazette" shzt'A menu the South Australian Gouernment Gazette ; the expression " PI*U~C notice" shall mean notice by advertisement in the South AusWian Government Gazette ; the words Mead, wine, cider, and peF;," whenever used in this Act, in reference to persous holdillg w i 1 ~ licences, shall mean wine, cider, and perry produced from fruit @own in the said Province, and mead made from honey the produckof the said Province. such mead, wine, cider, and perry not contailing a greater proportion than &irty-five per centuln of proof spirit.

Division of A C ~, 4. This Act shall be divided into six par;;, relating to the follow-

ing matters, viz.: -

PART 11. To the rights, duties, and Wilities of persons holding

licences:

PART m.-To

licences: offences against this At by persons not holding

PART IV.-To legal. procednre and e-iience:

PART V.-TO the distribution a d aplication of penalties and

moneys received for licences and o~erwise :

PABT r. PART I.-With regard to licences, and the same may be granted,

renewed, transferred, transnlitted, emoved, or forfeited:

Nature of licences. 5. The licences to be granted by ktue of this Act shall be of

the kinds following, viz., one to b denominated a Publican's

Licence," which shall be in the for^ in Schedule E to this Act; another to be denominated a " St0>keeper1s Licence," which &all he in the form in Schedule F; 94 another to be denominated a

Wine Licence," whicll shall be in'^ form of Schedule G; anotller

to be denominated a ' L Storekeeper's blunial Wine Licence,"

shall be in the form in Schedule H.	6. Every
330 VICTORIE, No. 16.

Licensed Victuallers Act.-l@6%70.

B. Every publican's licence shall authorize the person thereby licensed to scll and dispose of PART I.

m y liquor, in any quantity, in the hbl icm's licence.

house or on the premises therein specified, in the n~anner	hereinafter
mentioned.

7. The annual fee to be paid for a publican's licence shall be as Annual fee for

follows:-If the house or premises described in the licence be publican'e licence.

situate in the Citv of Adelaide, or in any town, or within five miles of the City of ~Je la ide, or two miles ot any town, the fee shall be

Twenty Pounds, and if the house be situated elsewhere, the fee shall

be Ten Pounds.

8. Every storekeeper's licence shall authorize the person thereby Shekeepsfa liccnos.

licensed to sell and dispose of liquor in the house or on the premises therein suecified in auaritities of not less at one time t,hm one gallon of one l&d of spirik, or one dozen reputed quart or two dozen of pint bottles of wiiw or other fermented liquors: Provided that no part thereof be consumed on the

9. Thc annual fee to be paid for n storekeeper's licence shall be Annual fee for Btoro- keeper's licence.

Five Pounds.

10. Rvery storekeeper's colonial miue licencc shall authorize the Storekeepers' colonial wine licence.

nerson therebv licensed to sell and dispose-of wine, cider, mead, and berry, grown i n d manufactured in the said ~rovmee, in the house or on the premises therein specified, in quantities of not less than one repnted quart bottle at a time: Provided that no part thereof be consunled on the premises.

l!. The annual fee for a storekeeper's colonial wine licence shall Annual fee for store- keeper'e colonial wine

be One Pound. liccnce.

12. Every wine licencc shall authorize the person therein licensed Wine licence.

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

ally quantity, and the same may be consomcd on the premises or

otherwise.

13. The annual fee for a wine licence shall be TWO	Pounds.	Annual fee for wine
licence.

14. The Governor may, by Order in Council, to bc published in Licencing Districb may be proclaimed.

the Gazette from time to time, declare that the area in such Order mentioned shall constitutk R. Licensing District as in such Order shall be declared, and in any such Order may define the boundaries of any such districts and such boundaries from time to time to alter and vary, and in such Order shall be mentioned the day from which such Order shall tako cffect; a i d it shall also be lawful for the Governor from time to time, by Order in Council, to nominate and appoint a Licensing Bench for each such district,

and to fix the days for the annual and quarterly meetiugs of such Bench, which shall consist of not less than three nor more than

nine

E16 33" VICTORIIZE, No. 16.

Licensed Victuallers Act,--1 869-70.

PART	I.	nine Justices of the Peace for the said Province, three of whom shall be a quorum, with power, by Order as aforesaid, to vary and
alter frcm time to time the members constituting such Bench: The

Goyernormayappoint Governor in Council may from time to time appoint and remove a

and remove Cle~ks to

Lieenging Benchea, clerk to each Licensing Bench, who shall give such security for good behaviour as the Governor in Council sl~all fro111 time to time direct.

Applications for l.

Application for publicaus', storekeepers', or wine licences, or for anv such licences being transferred, shall bc considered by the ~ i c e n $ q Benches for theYdistricts in Ghich the premises proposed to be licensed respectively are situated: Provided that in ease any sucb premises are situated beyond the proclaimed districts, or within a district in which there shnll not be any duly constituted Liceusing Bench, h e n the application shall be made to the Licensing Bench nearest to the locality in which such premises arc situated, or to the Adelaide Licensing Bench.

liceooes.

General me~t ing to be 16. General meetings of the Licensing Benches shall be holden

held on the second

Manday in l a r c h i n respectively at S L I C ~ plsces as rnay from tinlc to time be appointed

yearuulese

otherwise directed.	by the Governor i11 Council for that purpose, on the second Monday in March in every year, unless otherwise fixed, as hercinbrfore men- tioned, for the consideration of applications for yub!icansy, store- keepers', or wiue licences, which may respectively be adjourned for
which may be ad-	any time that may appear to be n'ecessary; but decisions as to
journed.	granting licences shall not bc given on any other than original or adjourimient days, and when the Licensing Benches are assembled for the consideration of applications as aforesaid, and meetings of the Licensing Benches shall also be holdcn a t such places as aforesaid

the second Monday in the montlrs of Juue, Septe~nber, and De-

Qusrtedy

to be held for con-

eideration of applica- cember in every year, uilless otlierwise fixed, as hereinbefore men-

ticrns for transfe1e and timed. for the consideration of appliralioiis for perlmission to transfer

new licences. existidg publicans', storelieepers', or wine licences, and of appli-

captions for the issue of such licences for ncw premises, which meet-

ings may be adjourned as the Licensing Benches find necessary:	provided that such Licensing Benches, so assembled a t such
quarterly meeting., shall not have power or authority to receive or

May be adjourned as	consider any application rejected at the precedirig aimual meeting
necessary.	or a t any preieding quarterly imeeting? or to grant any licence un- der this Act tohny persou or premises in respect of which a licence shall hare beeu refused at such annual or preceding quarterly nlect-
ing, except when the Licensing Benches assembled at such~snnnal
or preceding quarterly meeting shnll have given permission to the applicant to renew his application, or to prefer a new application, in revpect of new or other premises at such quarterly meeting.
wine licence to be

IJtorokeepe~'~	colonial	1 7 The Treasurer, upon payment of the licence fee hereinbefore Peace, or a Ypecial Magistrate, that the person named therein is a fit and proper person to receive a storekcepcr's colonial wine licence,
granted by the	mentioned, and upon receiving the certificate of two Justices of the
Trcaeurer.
may grant to the person named in such certificate a storekeeper's colonial wine liwnce, in the form in Schedule H, which licence shall

auttorize

Licensed Victualters A c t 1 869-70.

---

L

authorize the person thereby licensed to sell and dispose of wine,

Paar I.

cider, mead, and perry, under the provisions of this Act, until the

twenty-fifth clay of March then following.

18. Upon the death or insolvency of any holder of a storekeeper's Proviaion for e t o

colonial wine licence under this Act, the Treasurer may, without fee holding stanbeper,8 insolvency of peraon ,Z

or furthw duty, by ei~ilorsement on the licence, or otherwise in colonial uine licence.

writing, authorize the legal personal representative of such holder,

or his assignees, in case of insolvency, 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 pur-

poses to be the only holder of such licence under this Act.

19. Pio Justice who shall be a brewer, maltster, distiller, wine ~ ; ~ ~ ~ ; ~ r ; ~ ; ~

maker, or licensed dealer in liquors, OY in l~artnership with any such for licences, certain

adjudi-

person or persons, or directly interested as owner or inatlager of any ::::y	house licensed or to be licensed, sh:ill take part in the discussion or
adjudication upon any application for any licence, or for the transfer of any licence of any premises in which he inay be intcrestcd, either directly or by 'eason of his dealings and business as a brewer, maltster, distiller, wine maker, or licensed dealer in liquors, nor shall any such Justice sit or act on the Learing of any information, or of any appeal against any conviction under tllis Act, whenever such information or appeal relates to any premises iu which he has such interest as aforesaid; and nothing herein shall be construed or taken to prevent any Justice of the Peace, who may be a brewer, maltster, distiller, wine maker, or licensed dealer in liquors, from taking part
ia such discussions or adjudicntions as aforesaid, or in the hearmg of
any information or appeal as aforesaid, unless he has an interest in the particular application, iaf~rn~at ion, or appeal being discussed, adjudicated upon, or heard; nor shall any Justice, interested as aforesaid, grant any permission to keep iPcn house boyond tho ordinmy hour for closing; and any Justice, who, being hereby dis-
forfeit and pay the sum of One Hundred Pounds, with full costs of qualified, shall lmowingly so offend, shall for every such offence,
suit, to be sued for and recovered by action of debt in any Local Court of competent jurisdictioa, by any one who will sue for the same.

Every person desirous of procuring a publican's, storekeeper's, or wine licence, under illis Act, shall, twenty-eight days before the for new Manner of application

20.

licences.

date of such meeting, post on the outer door of the premises pro- posed to be licensed a written notice in thc form coutaincd in Schedule *4, as the case may be, and shall deliver to the Clerk of the Licensing Bench for the District written notices in the forms, as the case may be. contained in Schedule A, accompanied by a certifi- cate of at least three known housekeepers residing in the district wherein the intended premises are situa,ted and in the form described in Schedule B; and if the application be for a publican's licence, separate tap or tap-

and the applicant shall be desirous of keeping a tap or taproom, or room*

tap and taproom detached from his bona fide dwelling-house, or in

such house, but having any other outer door thereto than the

house

118 330 VICTORTB, No. 16.

Licensed TTicttcal lers Act.-l$69-70.

**m I. house itself has (which desire shall be f d l y expressed in his notice), accom~anied bv another certificate from at least two known houseGeepers, residing in the said Province, in the form 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 management and superintendence of the same tap or taproom, or tap and taproom: Provided always that every per-

perms diequalified

to hold licencee. son applying for a licence, except storekeeper's liceucc, for premises w&h have not been licensed bcfore shall, twenty-eight days before

h

the meeting immediately previous to the meeting at which such application is to be made, deposit with the Clerk of the Licensing

Bench for the District, plans of the buildings erected or to be erected on such premises. which ~ l a n shall be open to insaection. and shall be p&doced by the elerk to the ~ i c e n s i n ~ ~ e u c h of the District to which the application is to be made a t such first- mentioned meeting; aud provided also, that no persons in situations under Governmeat, imr any coilstable, sherift's officer, or other person employed to execute any legal process, nor any licensed auctioneer, shall hold licences, under this Act.

Manner of application 2 1. It shall not be necessary for any person desirous of procuring forrenewaloflicenc~ a renewal of his or her licence under this Act, to post any written

6 % ~ notice on the outer door of the premises proposed to be licensed, but February in every year, delivcr to tlre Clerk of the Licensing Bench for the District written notices in the forms, as the case may	every such licensed person shall, 011 or before the first Monday in
be, contained in Schedule A; and if the application be for t i e

Separate tap or tap-	renewal of a pnblican's licence, and the applicant shall be desirous
room.	of keeping a tap or taproom, or tap and taproom, detached from his
bona fide dwelling-house, or in such house but having any other
outer door thereto than the house itself has (which desire shall be fully expressed in his notice), accompanied by a certificate from
at least two known lmusekeepers residing in the said Province, in
the form lastly given in Schedule B, with notice of the name, residence, trade, or calling of the person therein mentioned, who may be proposed to have the personal management and superin-
tendence of the same tap or taproom, or tap and taproom: Pro- vided that if there be no altcration of the tap or taproom, or tap and taproom, or of the person having the n~anagtment and superinten- dence thereof, the certificate of householders liereinbefore mentioned shall not be necessary.
Applications to be	22. Upon the receipt of every such notice of application, the Clerk to the Licensing Bench for the District shall file the same,

"ds thereof and given. notice

and shall forthwith cause notice of such application and the par- ticulars thereof, to be forwarded to the Commissioner of Police, and to the Inspector of Public Houses for such District, to be appointed as hereinafter is mentioned.

Proeeedins. on con- 23. The proceedings on the consideration of any application, or

aideration of eppliorr-

tie,, tobe public. any objection to such application for any licence, and also of every

application

33" VICTORIZ, No. 16. 119

Licensed Vz'ctunllers Act .1869-70.

application or objection to ally application to renew, transfer, or	PART I.
remove any such licence granted under tllis Act, sl~all be public; and the Licensing Bench of Justices assembled at their annual or quarterly meetinqs, or at any acljournuient thereof, may hear, inquire into, and deteruhne all such applications, and also all objectioi~s

which may be inade to any S;& applications, and suinnion and exanline on oath such witnesses as they may deem necessary, and to grant to such persons as sl~all be approved of by such Licensing Bench, such licence as aforesaid: Provided thixt whenever R. licence Fmriso.

has oncc been granted to my person, such person shall be entitled	to a fresh licence as a matter of course, ualess 11e is shown, to the .&?IS	bLgD 6 x o
satisfaction of the Licensing Bencli to have lost his good character, and provided also that renewals of liccnccs shall in every case be a wanted as a matter of course by s d i Liceiisiwg Bcncl;es, unless notice of objection 1x1s bee11 given as hereinafter provided.

24. No licensed person having given such noticc as by this Act Personal

prescribed, s l d l be required to attend any licensing meeting for the of 1 icensed peraona at

licensing meeting not

purpose of procuring a renewal of his licence, unless notice of op- requisite unless notice

position to the renewal of such liccnce ns hereinafier mentioned, ~fobjectiungiven.

stating the grouids thereof, shall have been given to the Clerk of

the L~censing Bench to which the application for renewal shall be

made, who shall forthwith forward a copy of such objections, by

post, to the person interested.

25. Public notice shall he given by advertisement in the Gazette h.,tiCe s h e of

published not less than five meek; before the annual meetings of time for making ob-

Licensiag Benches, signed by the Clerk of the Aclelaide JJice~~siog	jection~.
Bench, requiriug all persons haviug any complnint against the management and coudition of any public house to forward such complaint to the Clerk to the Licensing Bench of the district in which such public house is situated, twenty-one days before such annual meeting, and to attend a t such annual meeting and substnn-

tiate such complaint.

26. No person shall be heard in support of any objection before ofobjectlon,

the said Licensing Bencli assenlbled at their annual or quarterly tobeserved.

meetings, or at any adjournment thereof, unless notice tlrereof in writing, signed by the objector, and giving his 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 Licensing Bench to which the application is intended to be made, at least twenty-one clear days before the day on which socb application is to be heard, nor unless the person objectiog shall appear before such Bench personally, or by counsel, on the day on which such application shall be heard.

27. The objections, of which notice may be so given, shall be ~ a t u n oi objejectiom.

one of the following :-That the applicant is of bad fame and cha-

racter, or is of drunken habits, or has within six months previously been deprived of a licence under this Act; or that the house men-

tioned

33" VICTORIB, No. 16.

Licensed Victua2lers A c t 1 86 9-70.

1. tioned in the application has not sufficient accommodation for the public, or if the house be situated more than ten miles from Adc- laide, that the same does not contain a sitting-room and two sleeping- rooms for tlie accomnlodation of travellers, separated from the tap by n space of a t least twelve feet, with a separate entrance; or that there ;S not R stable on the capa61c of containing at least six horses, with a sufficieut quantity of hay m d corn; or that there is inclosed within the same fence as the house mentioned in the ap- plication, any store, shop, or dwelling-house, having m a n s of com- munication open within the yard belonging to such premises, and not separated therefrom by any division, wall, or fence, or that the general management of such house has not been satisfactory; or if the application is for n licence for new premises, that the applicant has not filed plans as hereinbefore mentioned; or that such house is not required for the accomniodation of the public, or that the house mentioned in the application is in the immediate vicinity of n church or 0 t h place of public worship, hospiral, or school, and would, if licensed, be the cause of inconvenience or annoyance to the'persona using or frequenting such church, place of w&ship, 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 sncll house shall be presented t o the Licensing Bench to which the application shall hc nude, signed by a t least two-fifths of the occupiers of houses in tlie immediate neighborhood of such house; or if a licence has been already granted for the sale of liquor in any other house in such locaiity.

~an~idcration	of ob-	28. In every case in which any objection or objections shall be made to the granting of any applict~tion for a new licence, or for the renewal or transfer of existing licence, the Licensing Bench
jection.
shall consider each and every such objection on its merits, and the Chairman of the Bench shall state to the applicant, or to his counsel,

Decision of Bench on in open court, the finding of the Bench tlydreon respectively; and in

each objection, and case the application shall be refused, the Chairman shdl state at

rea80n8for

be etated. to the same time, and in the same manner, the grounds and reasons of such refusal, and shall also specify the particular objection or objections on account of which such apljlication has been refused.

coBt. ,ml, g;,m 29. The Licensiug Benches, assembled at their annual or quarterly

objector. notice of obiections as hereinbefore mentioned. shall m v to the against unsucce~f l~ l meetings as aforesaid, may order that any person having given such

applicant fo rk licence a sum not exceeding ~ i; e ~oun'ds; 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 made where any Superintendent, Inspector, or other officer of Police, or Constable, shall have given

such notice of objection.

30. The

33' VICTORIX, No. 16. 121

Licensed Victuallers Act.- 1 86 9-70.

30. The Clerk to each Licensing Bench shall attend the annual - **m I*

and quarterly meetings thereof and minute the result of the pro- cle* t o Licensing

B e n ~ h to sign licences.

ceedings; and whenever any Licensing Bench shall grant any licence under the authority of this Act, the Chairman of such Licensing Bench shall, at the time such licence is granted, notify the fact by writing under his hand, opposite to or against the name of the applicant, in a list of applications to be laid before him for that purpose by the Clerk to the Bench, which notification shall be a valid authority to the Clerk to such Bench for the signing of a licence to such applicant; and such Clerk shall, on receipt of Two Shillings and Sixpence for each licence, immediately sign a licence in the form contained in Schedules E, F, or G, as the case may be, and shall, after registering the same in the ilna after registering

said list of applications, with the date of signing the licence, g r g z '; d same

forthwith forward such licence to the Treasurer, and the Treasurer

shall, on receipt of the annual fee payable in respect of the licence

granted, issue and deliver such licence to, or to the order of, the ~ h o ~ i l l i ~ s ~ e l i ~ e n ~ e

person in whose favor the same shall have been granted, the Trea- ::epayment	of licence
surer having first minuted at the foot of the licence the day on which

the same W& SO issued by him.

31. Every such licence shall, without regard to the date thereof, Licence to be in force from date of issue

commence and take effect from the day on which the same is actually until 95th March in

issued by the Treasurer, ard if not previously forfeited shall be followhg rear.

i n force until the twenty-fifth day of March in the year next fol-

lowing the date of the licence inclusive.

32. Whenever the Licensing Bcnch shall approve of a tap or A~provedtap ~ n a

taproom, or tap and taproom, being kept as specified in any notice as aforesaid, and of the persou proposed as the manager or super- intendent thereof, a memorandum in writing of such approval shall. To b@ managed bp

be made a t the foot of the licence which rnay be granted to approved pcrwona.

the applicant, in which case only it s l d l be lawful f5r the

licensed person to keep the same and sell liquor therein: Yrovi- ded always that every such tap or taproom, or tap and taproom,	shall, during the term of the licence, be in fact managed and super-
inteuded by such approved manager or superintendent, or by such other manager or superintendent approved of by two or more members of the Licensing Bench, granting the original approval at
a meeting to be convened for that special purpose, by notice at the
request and expense of the applicant, under the hand of the Clerk to the said Licensing Bench or other authorized person, inserted irk two succeeding numbers of the Gazette, stating the specific object
of the meeting.

33. Until the sum payable for ct licence be paid to the Treasurer, Until paid, t h ~ prix

and the licence be aetudllly issued by him, the person entitled to such licence shall be deemed unlicensed, and in case the sum be not paid

within two calendar months after the date of the meeting at which ~f not paid within

the same was granted, the grant thereof shall be wholl~.	void, and two months, licence	not to be ieaued,
the licence shall not be issued.

31. When

2 0

122 : 3P VICTORIX, No, 16,

Licensed Victuallers Act.1869-70.

PART I. 34. When any such case of non-payment of licence money as is shall cause a notice thereof, and also full particulars of every licence issued, to be inserted in the Gazette, on the first, or, at the latest, on the third day of its publication after the expiration of the said period of two calendar months, or the issue of the licence, as the case may be.

NO^-payment to be	mentioned in the last preceding section shall arise, the Treasurer
adver t id
Tramfer of licencca.	35. If any person hdding any such licence sliall be desirous of transferring his licence to any other person, he shall deliver to the Clerk to the Licensing Bcnch for the District in which the premises are situated, and also post on the outer door of the licensed premises, twenty-dght days before any quarterly meeting, a notice in the forni of Sctiedule I, or as near thereto as circumstnnces will permit, and also a certificate from three known householders in favor of the nominee, which certificate may be in that one of the forms given in Scliedule B required by the circumstances.
Notim of objedion to
bnefer of licenee.	36. No objection to a transfer shall be entertained, unless notice thereof in writing shall have been delivered to the Clerk of the Licensing Bench, to which the application for a transfer is intended to be made, at least twenty-one clear days before the day
Proviso. :	on which such application for a transfer is made : Provided that any Inspector of Public-Houses 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.
N~tureofobjecticna-	37. The objections, of which notice shall be given, shall be one or more of the following :-

That the licence of the person proposing to transfer the same is

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

person to whom it is proposed to transfer such licence is of	bad b e and character, or is of drunken habits, or has within
six 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, or assigning, or sub-letting without the consent of the lessor, and that such consent has not been obtained.

Proceedins. on appli-	38. The provisions hereinbefore contained as to the proceedings
cation for transfer to

so at the annual meetings of the Licensing Benches, as to the hearing

pli~ationforlicence. of applications for licences, and the ordering of costs to be paid by

the person who sliall 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 one house

to another.

Licendg Bench at 39. The Licensing Bench' assembled at any quarterly meeting,

qwtwly meeting upon

33* VICTORIX, No. 16,

-

Licetzsed Victuallers Act.1869-70.

upon the application of any holder of a licencc! as aforesaid, and

unon beine satisfied that thYe ~rovisions of this Act have been con,- may transfer licence

&ied with~may, if they sliall' think fit, transfer such licence to the

by endorsement.

nominee of the pcrson holding such licence by an endorsement on the original lic&ce in the for; of Schedule ~, " s i ~ n e d by the Clerk to such Bench, and thereupon and on payment of the sum of two shillings and sixpence for such certificate or endorsement, such nominee shall have and exercise the same privileges and be subject to the same liabilities and penalties s s if such licence had been origi- nally granted to him, and the person so transferring such licence

shdl cease to be a licensed persoli ~lnder this Act.

Transfer of licence in

40. If the holder of' a publican's or wine licence shall die, become insolvent, or suffer his pcrson or property to be taken in	certain oases provided
for,
execution, or shall become incapable of keeping his licensed pre- mises by reason of sicknoss 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 t i e licence, or allow such premises to become vacant,
or if the occupier of licensed premises, about to quit, shall have
wilfully neglected to apply a t the annual meeting for a new licence, then, and in any such cases, any meniber of the fauiily, or the executors or administrators of any person dying! or the assignee or ass+ignees of any insolvent, or any person appomted by him or them, or the ber riff, or some person or persons authorized
bv 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 tlle landlord or his agent, or other person bo.ci$de entitled t'o 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 ihe Licensiog Bench for the district in which thc premises are
possession for a transfer of the licence, and the proceedii~gs to obtain	situated, when an application may be made by any such person in
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 continne the business thereof under the provisions hereinberore contained, such person slmll, within seven days after such entry, give notice thereof in writing to the clerk to such
Licensing Bench, and shdl, on receiving notice from the said
clerk, attend before n Special Magistrate; and if such Special Magistrate shall, in his discretion, deem such person to be a proper person to hold a certificate, and if such person shall not have been previously refused a licence by any Licensing Bench, such Special Magistrate may grant a certificate in the form of Schedule N.

41. If any person holding a publican's, storekeeper's, or wine ~ e m ~ ~ a i ~ f l i ~ ~ ~ ~

licence, shall be desirous of removing his business to any other

premises.

suitable and convenient premises in the same district, he shall,

twenty-

124 33" VICTORIB, No. 16.

Licensed Victuallers Act.--1 869-70. - -

A T I twenty-eight days before m y quartcrly meeting of the Licensin~ Benches deliver to the Clerk to the Licensing Bench for the district in which such premises are situated, o? in ease of such premises not being within a licensing district, to the Clerk to the Licensing Bencl1 nearest to the locality of such premises, or to the Clerk of the Adelaide Licensing Bench, and also post on the outer door of the liccnsed premises and of the premises to which it is pro- posed to remove the licence, o llotice in writing in the form in Schedule K, and the Clerk to such Licensi~g Bench shall take proceedings thereon similar to those hereinbefore directed with regard to applications for licences.

Notice of objections	42. No objection to a removal of a licence from one house to have been delivered to the Clerk to the Licensing Bench to which the application is intended to be made, at least twenty-one days be- fore the day on which such application is to Le heard.
from one house to	mother ehall be cutcrtained unless notice thereof, in writing, shall
another.
Nature of objections	43. The objections of which notice may be so given shall be one to remove the licence is in the immediate vicinity of n church or other place of public worship, hospitrJ, or schod, and would, if liccnsed, be the cause of inconvenience or annoyance to the persons using or frcqucnting such church, @ace of ;orship, hospital, or school, or that the quiet of the locality In which such hoilse is situated will be disturbed, if a licence be granted for the sale of liquor in such housc (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 Licensiug Bench signed by a t least two- fifths of' the occupiers of houses in the inmediate neighborhood of such housc, 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 uot in the same city,
to removal of licence
from one house to	or more of the following: That the house to which it is proposed
another.
proposed to remove it, or that the lease under which the holder of or town, or district (as the case may be) as that from which it 'is
the licence occupies his house contains a covenant or prohibition against removing the licence to any other house without the consent of the lessor, and that such consent has not been obtained.
Mode of transfer	44. The Licensing Bench assembled a t such quarterly meeting may transfer the licence from one house to another (if such house shall be approved of by them) by an endorsement upon the licence i n the form in the Schedule L, under the hand of the Clerk to such Bench, 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 been transferred, instead of in his former house, in the same manner as if such licence bad been originally granted, authorizing him to sell and dispose of liquor in .the house 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 thereupon cease to be licensed.

to removal of licence

One

another.

45. If

33" VICTORIX, No. 16.

Licensed Victuallers A c t. ] 869-70.

45. If any Special Magistrate, or two Justices shall approve of any person holding a publican's or wine licence selling liquor or PART I,

approval of Special Upon written

mead, wine, cider, or perry, as the case may be, in any booth or	Magietrate, or two
building a t any fair, military encampment, races, regatts, rowing	licence may be granted
Justices, seven dayd
match, cricket grounds, or other place of public amusement, for	in certain places.
a period not exceeding seven days, and shall signify his or their
approbation thereof in writing, by a certificate in the form contained in Schedule C, then and there only shall it be lawful for such licensed person to sell such liquor, or mead, wine, cider, or perry accordingly, in such booth or building for the number of days specified in such certificate: Provided always, that the appro- bation aforesaid shall not be construed as an authority for retailing to drunken persons, nor for admitting them to the said booth or building for' - liquor,' - or mead, wine, sder, or perry, or allowing them to remain therein.

46. Any two or more Justices, or a Special Magistrate, may	Premise0 may be
kept open by

give permission in writin8 to any person holding a publican's or

special permission.

wine licence to keep his licensed premises open on the occasion of any ball or dinner party, or on the occasion of any public amuse- ment or entertainment, or public meeting, or on any other special occasion beyond the time othcrwise fixed by this Act: Provided that nothing herein contained shall allow the keeping open of an); licensed premises after n quarter to twelve o'clock p.m, on any siturday; aud that no such permission shall extend over any longer

period than six hours. Cl

47. If any Special Magistrate, having communicated with the	Certificates to be
granteato sell llquonr

ofher in charge of the gold fields, shall approve of any person	on goldfielde.
holding a publican's licence selling liquor, or of any person holding a wine licence selling mead, wine, cider, or perry, on any goldfields, in any erection or building to be approved of by such Special Magistrate, the said Special Magistrate, may grant	certificates in the form contained in Schedule D, to sell liquor,	or mead, wine, cider, or perry, as the ease may be, in a stated
place upon such goldfield, for the residue of the term of the licence, subject to a fee of Five Pounds for a publican's licence, and One Pound for a wine licence, 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; such certificates to be renewable for a further like term on like payment, until such time as permanent 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 Commis- sioner of Crown Lands, or person dulv authorized by him, ahall cease to he entitled to sell liquor, or Lead, wine, cider, or perry, as the case may be, under such certificate: Provided that a certifi- cate shall not be granted to any person who has not lawful authority to occupy the Crown lands in which the premises in respect of which such certificate is given are situated.

48. If

126 33" VICTQRIB, No. 16.

Licensed Victuallers Act.-1 869-70.

PART I. 48. If any person holding a licence under this Act shall be con-

If thrice convicted of	L'm~e"bef?rfeited victed of any offence against this Act three several times, or shall
anv offence. be convicted of any of the offences hereinafter mentioned, as offences

for which, on con;iction, the licence may be declared fbrfeited, the Special Magistrate or the Justices by whom such person shall

be so convicted, may, if they shall think fit, by an order under their

hands, which may be in the form of Schedule M, declare such licence to be forfeited, and the same shall thereupon cease to be of force and effect,

Licm8edpemon

victed af felony, &c.	49. If any person holding a licence under this Act shall be con- victed of any felony, such licence shall be void; or if any person holding a publican's licence shall permit any person whomsoever to manage, Buperintend, or conduct the business of such house during his absence for m lonerer neriod than one month without the urevious consent in writing ortwo' Justices, or shall, whether residini 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 dilapidated, then upon complaint thereof, and proof of
the facts to the satisfaction of any Special Magistrate, or any two
Justices, such Special Magistrate or Justices shall, by an order under their hands as aforesaid, declare such licence to be forfeited, and the
same shall thereupon cease to be of force and effect: Provided that if such house shall have become ruinous or dilapidated
by reason of fire, tempest, or other cause beyond the control of the holder of such licence, then such licence shall not be declared forfeited until a reasonable timc has elapsed for such holder to rein- state such house.

Special Magistrate or	50. Any Special M~~gistratl:	OP Justices who shall declare any
Justices may order

prmC whose licence	liccnce under this Act to be forfeited, may, if he or they shall think
ie forfeited to pay
OOS~E.	fit, order the person whose licence shall be forfeited to pay costs to the person on whose complaint such forfeiture shall have been ordered.

Clerk of Court in

which forfeiture nr- 51. The Clerk of the Court in which any such forfeiture shall be

dercd to forward par- declared by any such Special Maqistrate or Justices as aforesaid, or

ticular~ to Clerk ot if there be no Clerk, theu the 8pechl Ma~istrate or Justices declaring

Bench of Justices.

buch conviction shall, witbin seven days after such forfeiture. dulv report the same to 'the Clerk of thb Adelaide Licensing Ben& under a penalty not exceeding Five Pounds for every default: Provided, that in case the person whose licence may be ao declared forfeited shall appeal against such canviction as herein- after mestioned, such Clerk shall not report such forfeiture till after the appeal shall be disposed of.

Transfers, removals, 52. The Clerk to the Adelaide Licensing Bench shall cause full

and forfeittves, to be particulars of every transfer or removal of a licence as aforesaid,

@~dvortised, under a

penalty.	except such transfers as may be made between the quarter-days,
under the powers hereinbefore contained, and also of every for-
feiture of a licence to be inserted in the Gazette, on the first, or

at

35" VICTORIB, No. 16.

PART I.

a t the latest on the third day of its publication, next after the occui*rence of any of such events, or of receiving such report as aforesaid, or forfAt and pay a sennalty of not less &an Two Pounds nor more than Twenty Pounds for every default.

lost or destroyed, the licencce may apply to the Licensing Bench by 53. Whenever any licence granted pursuant to this Act shall be td,";~;~Ft

d i c h such licence was granted, at any quarterly meeting, for a duplicate thereof, and such Bench, if satisficd of t,he loss of such licence, and that the same has not been forfeited or transferred, shall grant the issue of a duplicate licence; and, upon payment of

a fee of One Pound, the Clerk to such Bench shall make out and

deliver to such licencee a duplicate of the original licence, which shall for all purposes be deemed to have the same force as the original licence.

54. A record of all applications made to the Ilicensing Beiiches Record of ~pplioationr

to be kept.

throughout the Province, showing the nawes of the applicants, the immediately after every annual and quarterly ineetlng forward re- turns containing the particulars of the applications made to and disposed of by such Eerrchcs respectively; and such record sball be open for general inspection at the office of the Clerk to t'he Adelaide Licensing Bench without payment of any fee.

nature of the applications, the premises in respect of which the

applications are made, the date on which and the Bench before

whom the application was heard, and the manner in which the same

was disposed of, iiiclucling, in case of a refusal, the cause thereof,

shall be kept by the Clerk of the Licensing Bench for the Adelaide

55. Every Licensing Bench may from time to time make rules Power of Benches to

and regulations as to the mode of hearivlg applications for new lationa.	make rules and regu-
houses, and new applications for old licensed houses, and generally	as to the manner of conducting the business of such Licensiug	Bench: Provided that any rules and regulations so made shall not
be inconsistent with the rules and rcgulations contained in Schedule
0, and shall be approved by the Governor in Council and pub-
lished in the Gazette; and until such approval and publication the rules and regulations contained in Schedule C) shall be biding upon and observcd by every Licensing Bench throughout the Province.

Yaar IT.

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

offences against, this Act by persons holding licences-

56. If any person holding a licence under this Act shall suffer Di~orderb persona

not to be allowed to

any person to exercise any unlawful game or sport within the said , . . l b , . ,

licensed house, premises, or appurtenances, or if any such licensed

person s l d l permit or N e r m y one to play at billiards or &

other game in his house or premises on Sunday, or knowingly5 16 -	' / / l
suffer prostitutes, thieves, drunken, or disorderly persom to assemble

33O VICTORIAE, No. 16.

Licensed Victuallers Act.-1869-70.

at, or continue in, or upon his premises, he shall, upon being cou- victed, forfeit and pay for every such offence auy sum not exceed-

ing Twenty Pounds.

Liquors to be

delivered in imperial 57. All liquor sold and retailed under the authority of this Act,

meneures, and, on	from and inclnding half a pint, shall be measured and delivered
demand, remenawed
if not reaoved befora	according to the English imperial measures, and shall, upon demand
demand	of the party receiving the same, be remeasured for his satisfaction in the same house and in the measures. or any other imperial measures
he may procure, but not if the liquors have been taken to any other
room of or wholly from the licensed house, or shall have'been partly consunled before a rc~neasuremcnt has been demanded, and on failure to measure or remeasure as aforesaid, the licensed person shall for every offence forfeit and pay a penalty of not less than Five Shillings nor more than Five Pounds.
Pure wine to be sold.	58. No wine licence shall a,uthorize any person to sell any liquid containing more than thirty-five" per cent. of proof spirit, or con- taining any noxious drug or cllemical; 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 tonot exceeding six months' imprisonment with or without hard labor.

Nameato be keptop, 59. Every person holding a publican's licence shall keep his

anda'aolightedlamps* name a t length, and the words 'l Licensed Dealer in Wines and

Spirits," andWev6ry 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, on some coi~spicuous part of the front of his licensed house; and every person holding a publican's licence shall have a lamp fixed in front of such house, and either opposite to or over the principal or entrance door thereof, and a t a distance of not less than seven feet from the ground, such lamp, unless gas or mineral oil be burned therein,	to contain at least two burners, and shall keep the srciiie well	cleaned, and trimmed, and alight from sunset to sunrise through-
out the year, under a penalty of not less than Ten Shillings, nor more than Ten Pounds for every offence: Provided that the person holding such publican's licence shall not be liable to a penalty or
fine by reason of his lamp having ceased to be lighted after
eleven o'clock post meridian, unless hc shall have been called upon
to relight the same, .& shall have neglected so to do.

If kept without ap-

probation, 60. If any licensed person shall, without such approbation as

hereinbefore provided, keep or have any tap or taproom, or tap and taproom detached from his t ond fide dwelling-house, or in such house,

Or	but having any other outer door thereto than the house itself hath,
Penalty of the	or if any such tap or taproom, or tap and taproom, shall be in fact

licensed pernon. at any time not wholly managed and superintended by the approved

lole of licence. forfeit and pay for every such offence a penalty of not less than Five Third, or other offenor, person, then and in either of such cases, such licensed person shall

Poullds nor more than Fifty Potmds, or upon a third or subsequent

conviction

33" VICTORIZ, No. 16.

Licensed Victuallers Act,-1 869-70.

conviction shall, a t the discretion of the convicting Justices, be de-

prived of his licence.

61. If any person, holding a pnblicnn's licence shall, without law- ful excuse, refuse to receive and provide fix a traveller and his horse,	Travcllere ~ n d
not to be refused

corpsem

under a penalty.

or :L traveller without a llorse, or the 11orse of a traveller not beconi- iug a guest at the house, or shall rcfilse to rcccive any corpse which may be brougbt to his public llouse for the purpose of n Coroner's Inquest being, held thereon (the said public house, in respect to which such refusal to receive a corpse inny be made, not beik~g within one mile of' a police station h v i r ~ k cells) such licensed person s l d l for every such offencc forfeit and pay a penalty of riot less than One Pound nor more than Tweuty Pounds.

62. No b o ~ d Jicle property of ally traveller, or inmate of any Strangers' goods not

premises, in respect of wl;ich a puldicm's licence shall have	t o be liable to the rent
of licensed housca.
been granted under this Act, or of any person m110 imy have entrusted such traveller or inmate therewitli, and bcinc in or on U such premises or ally part thereof, or in or on any place usad or occupied tlierewitli, s l d l be distrained or seized for or in respect of the rent of s ~ c h preinises or place, and if snch property shall

be so distraiiied or seized, any Special Magistrate or two Justices Justioea may order may iinqnire into any coinplni~it made in respect of such seizme of good'.

or distress in a summary manner, and to order such property hd aarrd

to be restored, and to award reasonable costs, and such costs to

levy by distress and sale of the goods or effects of tlic person

or persons so distraining or seizinq as aforesaid, but nothiug herein

contained shall extend to deprive licensed persons of their lien on Publican's lien on the

any sucli property fur their own lawful deniix~~ds, provided they have property saved.

previously delivered to the persoil indebted to them a11 account in krit i iq oil such demands, &ecifyio$ by i telns the pldn particulars thereof, as to dates, art'icles, quantities, and s~zms, and sucli clemand shall have arisen at the licensed premises, and in the ordinary course

of the business thereof.

63. No person holding a publican's or mine licence shall maintain Debts for liquor or wine not recoverable

an action for or recover any debt or demniid for or on account of un~,ss for ~,,t,

liquor or wine, unless such debt sliall have beeu 6onli$de contracted shillings at one time*

at one time to the amount of Twellty Sliillings or npwarcls; nor shall any item in any ~ c c o u i ~ t for liquor or wine be allowe(1 where the quantity bond JicEe delivercd a t oue time shall not amount to Twenty Shillings, notwitlistauding such debt or dcniaild or any item may have been secured or agreed to be p i d, except a written order for the same shall be prodnced mid ~tisfactorily proved to

have been freely given by the maker thereof before tfk liquor or

wine was delivercd, or i t be clearly shewrl that the debtor was then resident in the licensed house, or in the imrnedrnte ncighborliood thereof, and one of his regular customers for malt liquors or wine, or was a person then on a journey And callillg at such hmse for the purpose of taking refreshment.

330 VICTORTB, No. 16,

Licensed Victuallers Act.1.869-70.

PART XL 64. If any person holding a publican's or wine licence shall take

Licensed peraons t a b or receive in payment, or as R pledge in barter or exchange, for any	ing pledges, &C., or
taking in payment wine, liquor, or entertainment supplied in or from the licensed
nn~thing coin house, anything except coin commonIy current, or the note or notes
or bank notes.

of some known bank or banker, or a cheque or order on some known bank or banker, or a money order orbrderu, the same being taken at thc f ~ d l nominal value thereof, be shdl forfeit and pay for

To pay a penalty of every such offence a pcnalty of not less than Ten Pounds nor more

from ~ 1 0 tosbO. than Fifty Pounds; and in case of w third or subsequent conviction

Thirdo:~theroffe~~t, for a like offence such licensed person shall, by the convicting Spe-

loes of licence.

cial Magistrate or Justices be deprived of his licence.

Liquorsnotto bedup- 65. NO person shall sell, barter, exchange, retail, or give or

pKedtOnboridnea* permit to be sold, bartered, exchanged, retailed, or given, any liquor to an aboriginal native of the said Province, or half-caste of that race, under a penalty of not less than One Pound nor more than Ten Pounds for each and every such offence: Provided that nothing herein contained shall extend to any liquor administered as medicine by or under the directions of any duly qualified medical practitioner.

Supplying liquor or	66. Every person holdii~g a licence under this Act who shall under the agc of twelvc years, to be drunk upon the prern&es, shall be liable to a penalty of not less than Twenty Shillings nor more
wine to childrenunder	knowingly supply any sort of liquor or wine to any bov or girl

treho yearn ofage.

than Five Pounds.

Suppl~ing liquor or 67, Any person holding a licence under t h i ~ Act, or any person

wine to persons in a

,tate of intoxication. responsible to him, who knowingly and wilfully shall supply, or

permit to be supplied, any liquor or wine to any person already in a state of intoxication, shdl be guilty of a nlisdeineanor, and shall, on

L, ~	kBa	conviction thereof. for the first offence. be liable to a aenaltv of Ten
Pounds; and for the second offence, to's, penalty of ~ k e n t ~ k o u n d s ;
and for the third conviction, to a penalty of Fifty Pounds; and, in
addition to slnclr fine, shall forfeit his licence, and thereafter be in- capable of holding a licence.

Clauaes 66, 66, and	68.	Every person holding a publican's or wine licence under this
67, to be set up in bar

and taproom.

Act, shall cause clauses Nos. 65, 66, and 67, to be printed or fairlv

written in large, legible, perminerit, and conspic;ous ~ha~raeteri,

and affixed in one of the most public parts of his bar room, and also

oi every taproom belonging to or used in connexion with his licensed

house, or, in the case of a wine licence, in one of the most public pwts of his house, and keep the same so affixed, and fair, and legihle, under the penalty of Forty Shillings, and a further ptnalty of Ten Shillings for every day during which the said clauses shall not be kept affixed, and fair, and legible, as aforesaid.

Betail stow8 6 9.

NO person holding a publican's or wine licence, whose licensed house may be iu Adelaide,

k e ~ t t w t h e r w i t h	or any other town witilin the said Pro-
publia houaea and

rinrhombhtonn. vime, shall have or keep any retail store or shop on account of

himself

38" VICTORIB, No. 16.

Licensed Victuallers Act.-: 869-70.

himselq or of any other person, which shall, by door, window, or	PART 11.
in anv other nlarlner internallv comm~nicate, or admit of ,z corn- rnoni&tim with the licensed house, or any' allowed tap or tap- room detached therefrom, or which shall co~nnnmicate or admit of cotnmuriication with such licensed house, or tap, or taproom externally, save by a separst,e public outer door or entrance thereto, under a penalty of not more than Five Pounds for every

day duri~,q which such store or shop shall be kept as aforesaid, but Exception.

this provision s l d l not cxtcnd to confectioners' shops, or refresh- ment roonis, had or kept by the holder of a. wine licence, and forming part of his licensed premises.

'70. Every person holding a. publican's or wine licence who shall NO communication to be kept open between

use and keep open, or permit to be used or kept opelj, any corn- or

rnuuication, bv door, window, passage, or in any otl~cr nlanner 7 save h o ~ s and m e s. or

eating-houses, for

by a ~ e ~ a r a t e ' ~ o b 1 i c outer door or entrance, between his licensed ,Ijply fipuor..

house, or any allowed tap or taproom detached therefrom, and any retail store, shop, eating-llouse, or rcfreslimcnt rooms, shall forfeit and pay a fine of not more tlml Five Pounds for every day during or upon which such con~tuuuicntiou shall be, or shall be permitted to be, used or kept. open as aforesaid.

71. If any person holding a publican's or wine h e n c c shall em- Persons forfeited who ~r been have re-

ploy or pern~it any person who iuay bave forhited or been deprived fused licences, not

of a licence under this or m y of the Acts hereby repealed, or who to	managers,	be employed	CC. M
from misconduct or bad character may have been refirsed a certi- ficate to entitle him to receive a lieenee, to be employed as an overseer, OF as a manager or superiutenctent of the house, or tap, or taproom of such licensed person, or however called or designated to appear or act in that capacity, or in any way that may induce regular customers and the public generally to believe that he is an overseer or a manager, or a superinter~deut of the same, then aud h such case the said licensed person shall forfeit and pay a penalty of not less than Two Pounds nor more than Twenty Pounds; and if' sub-
shall be deprived by the convictlug Special Magistrate or Justices of	sequently convicted of retaiiiing.the same person in the like capacity,
his own liceuce.

72. If any person holding a publican's or wine licence shall ~ ~ ~ ~ $ ~ ~, ", " ~ t ~ ~ o r

adinit any u~ilicer~sed person as or to be his partner, or directly or efitrustrnanagementof

indirectly permit an unlicensed person to participate in the pofiis of housp to unlicensed OK

unauthorized person.

his licensed house or tap or taprooiu, or directly or indirectly agree with niiv such ~znlicensed uerson to !et him have anv interest what- ever it< such house or tip or taproom, or the profits thereof, or shall remunerate or suffer him to be remunerated for, or shall in any ulaimer agree that he shall be remunerated for any services, or on any account, in proportion to the profits of such house or tap and taproom, or of the quantity of liquors sold or retailed on or from the house or tap or taproom, or shall abandon the occupation of such licensed house as his place of residence, and permit any

unauthorized person whatever to manage, superintend, or conduct

the

'162 (730 VICTORIB, NO. 16.

Licensed V?ctuallers Act.-1869-70.

PART	XI.	the business of such house, or whcther rcsiding in such house or
not, allall permit any unlicensed or amutl~orized person to appear
to the p ~ ~ b l i c as, or to becoiile virtunlly or in cffect, the keeper of
the house, theu, and in any or either of the said cases, upoil proof of the fact to the satisfaction cf any Spccinl Magistrate or two ,Justices,
the licence of the same house fo; the the11 current ycnr film11 become and be absolutely void, or at the discretion of the convicting Special Magistrate or Justices, such licensed pcrson shall forfeit and pay for such offencc a penalty of not less than Five P ~ ~ u i i d s nor more than

Exception,	One EIundred Pouuids: Provicled that this clause sl~nll not extend to prohibit n bond fide agrcement Lctwecn the holder of a wine licence and the keeper of a confectioner's shop or refieshrnent room for t,he carrying on of their respective trades in partnership on one and the same liceuscd premises.
Outer doors to bo	73. If any person llddinq a puMesn's or wine licence shnU not or taproom, closed OII Sluiday, except :L side or private door, from
cloeed on the	keep the outer doors of 111s licellsed l~ousc, or of his separate tap
Day.
Exception.	one to t h e e o'clock, and finorn eight t o ten o'clock in the after- noon thereof, unless for the purpose of reccivitg tmvcl1el.s calling for refreslments on their journey, or remaining at tlle Ilollst: during the day or the night thereof, he s l d fur every such trffeiice forfeit and pay a fine of not less tlinn Five Pounds nor more tlian Fifty Puunds.

Tapa to be c!eared,	74. If' any person holdiag a publican's or wine licence shall not
and outer doors closed

at eleven o'clock.	clear his taproom, and close the outer door tliereof, and every other outer door of his licensed premises nt eleven o'clock of t'lle evening of all working days, and keep tlm same closed until five o'cloc& in the morning, he shall for such offeuce forfeit and pay n penalty of not less tlnan Two POUIM~S or lmre than Ten Pounds: Provided
Lodgers may be	nevertheless, that it sllall be lnwfd for any such licensed person to
admitted.	admit bond fide travclkrs or lodgers livino. B or staying in his licensed
house after such hour by means of a side or private door: And
provided also, that it s l d l be lnlrful for every licensed person to clear his taproom and close the door thereof, mid every other outer
door of his said prenlises at ten o'clock in the evening.

Liquor not to be sold	75. If any person holding a publican's	or wine licence shall sell
w t of any part of

licenaed premises	or supply to any person not beil!g n traveller or lodger, living or
when outer doors	staying in his liccnsed k.ousc, 111 the tap or taproom, or upon, or
closed by law.	from out of any part of his licensed premises, any liquor or refreshrncnt wh;~tsoevcr during the hours mhen every outer door of his licensed housc is reqnirez to be closed under .'the provisions contailzed in the 73rd clausc of this Act, be shall forfeit and pay a fine of not less than Two nor more than Ten Pounds for every such offence.
Limitation of houn

for opening and 76. No holder of a storekeeper's or storekeeper's colonial wine

closing prelu~rs of licence under this Act shall sell in his store, shop, or premises, or

~ e ~ m h ~ l h w S~ON- have the same open fbr the sale of liquor, as authorized by his

licence,

33" VICTORI..&, No. 16. 133

Licensed F?ctua tlers Act.-1 869-70.

licence, except between the hours of six in the morning and eleven PART 11.

at night on the six bnsiacss days of the week, and not a t any hour keeper's, or store. keeper's Colonial

on ~ G n d a ~ ; and if any such holder shall sell any such l k p r a t wbe licences,

any other time than as aforesaid, or shall otherwise act contrary to thrs enactment, 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.

77. If any licensed person shall knowingly sell or dispose of, or Addteratedliquar

offer for sale any liquor which shall be adulterated or mixed with not to be sold.

ally deleterious ingredients whatever, he shall forfeit and pay for ev;ry such offence auy sum not less than Ten Pounds nor more than Fifty Pounds; and in order to analyze such liquor, i t shall be

lawful for any Justice, on inforiiiatiori on oath made to him, that

any such liquor is adulterated as aforcsaid, and on the deposit by the complainant of the sum of Two Pouuds to defray the expenses of' such analysis, to authorize the seizure of such suspected liquor and cause the same to be audyzed by son~c? chemist or other com- petent person, and thc expenses of such analysis shall be a portion of the costs which such Justice shall have power to order to be paid

by any person convicted.

78. The Governor in Council may from time to time appoint, and Appoictmentof inspectors.

at his discretion remove, any one or more fit and proper person or persous to be Inspector or Inspectors of Public-Houses, wine shops, stores, and premises in respect of which liceiices shall have been granted under the provisiolis of this Act.

79. I t shall be the duty of every such Inspector to ascertain by Dutie~ of ~nqs tor ',

personal inspection the mode in which the licensed premises situated within the licensing district to which he shall be appointed are con- ducted and managed, and the state, condition, nature. and ex- te l~ t of accommodation of such premises, and also to see that the

person holding a licence thereunder, and also to attend the annual	provisions of this Act are duly observed and followed by every	aud quarterly meetings of the Licensing Bench of such district, and
to report upon all or any of the licensed premises situated therein, if he shall be rrquired by the Bench so to do; and sudi Inspector
shall have power, after notice, to object to any application for the granting of new licences, or the renewal or transfer of existing licemes, upon any of the grounds specified in this Act as objections to such applications.

80. Any Inspector or Inspectors appointed as hereinbefore Inapeotor~ may enter

is mentioned, may at any time enter the house, store, or p,r8o,, premisoe of licensed

premises of any person holding a licence under this Act, and .I L

&rch such house, store, or pre&ses, for the purpose of asceitain- ing whether such licensed persou has on his or her premises any ingredient of a deleterious character, which it may reasonably be inferred is kept for the purpose of adulterating the liquor sold, or has for sale any colonial wine or liquor whatever not authorized to be - -

sold	And seize liquor or
take sample&

35" VICTORIX, No. 16.

Licettsed Victuallers Act .1869-70.

PART gold by the licence held by him or her, and any such Inspector or Inspectors may seize end take away any such colonial wine or liquor, or any colonial wine or liquor whatsoever which he or they may have reasonable grounds for believing is not autllorized to be sold as aforesaid, or is unfit for human beings to drink, which he n ~ a v discover on such licensed premises, and may either on such pr&ises or elsewlme, submit any colonial wine or liquor so

same

analyaa,	seized, or any samples thereof, to any test or analysis wMch he
may consider necessary for determining whether such colonial wine
or liquor is authorized to be sold by such licencc as aforesaid, or is
fit for human beinps to drink, and any licewed person as aforesaid,
Penalty for obstruct-	rcfusi~~e; to permit, or wilfully de1s)-ing any such search; shall be
iog search.	liable to a penalty of not less than One Pound, nor more than Ten Pounds: Provided always that no such Inspector shall enter any
Proviso.	private room or rooms in the actual use or occopatiou for domestic purposes of any b n n a, p e lodger, or of the person holding a licence
ss aforesaid, unless he shall have first givcn rcasonnblc notice of
his intention to such lodger or licensed person, or in case of the abscncc of the latter, to the pcrson appearing to have charge of the licensed premises, or ur~less he fihall have the assent of such lodger or licensed person or person appearing to be in charge of such pre- mises as aforesaid.

Penalty for eradon	81.	If any person holding e storelceepzr's or storekeeper's colonia,l
of provisions disal1ou.-

ing oooaurnptian of wine 1icencE shall, with intent to evade the provisions of this Act,

liquor On premises of take, or carry, or authorize, or cmplog, or permit or suffer any	person licensed to
reU. person to take, or carry any liquor or wiiie out of, or from the

house, shop, store, or premises of such licmsed person for the

purpose of being sold on his accoont or for his benefit, or drunk or cousumed in any other house, or in any tent, shed, or other premises of any kind whatever belonging to such licensed person, or liired, used, or nccnpied by him, such liquor or mine sl~all be deemed and taken to have been Lrunk or corisuii~eil upon the premises of such licensed persoir, and he shall, for every such offence, forfeit a sum

not exceeding Five Pounds.

Closing of houses

against riot.	32. Any two Jnstices, if any riot or tumult shall happen, or be expected to take place, 111ay order or direct that every person licensed under this Act, and keeping any house situate within their
respective jurisdictions where such riot or tumult s l d l happen, or be expected to take place, shall close his honse a t. any time which
the said Justices shall order or direct, and any pcrson who shall keep open his Emuse at or after nny hour at which sucli Justices shall so have ordered or directed such house to be closed, shall for- feit and pay any sum of money not exceeding Ten Pounds.

Adrnis~ion or Joatics~ 83. Any Justice, or ~ommissioner, Inspectoy, or Sub-Inspector of

time

into houses. Police, or Inspector of Public-Houses, may demand entrance, from timp to time, illto any licensed hoiise, or anv constable specially authorized in writing signed by any ~omm~ssioner, Inspector, or Sub-Inspector of Pohce, or by any Justice, or Inspector of Public-

Houses

33" VICTORIAE, No. 16,

PART rr.

Houses may, in any particular instance, demard entrance into any

liccnsecl house, or the appurtennnces thereof; at ally time, by day or night, and if admittance he delayed for such time as shall make it appear that wilful delay was intended, the person so offending shall forfeit end pay any sun1 not exceedine Ten Pounds: Provided, that if such admittance be refused or vilfully delayed, such Justice, Inspector, Sub-Inspector, or constable, or Inspector of Public- Rouses, as aforesaid, may break into m d employ force to enter such licensed house as aforesaid.

84. Every person holding a licence ~ulder this Act shall, on de- Production of licence.

mand, at his licensed house, or place wherein or whercat the privi- leges conf'erred by such licence sl~nll be e,~ert:ised,prodnce his licence to any Justice, or in defbult thereof shall be liable to a penalty not

~xceeding Ten Pounds.

85. If any person holding a storckeepcr's licence, or a. mine Penalty on licensed persons sclling liquor

licence, or a storekeeper's coloi&d wine licence, shall sell or retail otherwise thnnnuthor-

any liquor, except r?cco~.dii~g to the tellor of, and as authorized by izcd by licence.

his licence, he shall be 11:tble to n pcilalty of not less than Ten

Pounds nor more than Fifty POLUI~S for each offence.

86. No person lioldilq R storekeeper's licence or a storekeeper's colonid wine liecuce sl~all,	Personsholding store-
k0~1per's, or store-

wl~ilst continuing to l~old the same, be keeper's Colonial wine licence not to

capable of holding s wine licence; and if' any sucll licemx shall at	hold wine licence or
any time bc grailtcd a d issued to ally person holding a store-	retailing hence.
keeper's licenc~, or n ntorelrceper's colonial wine licence, the same shall bc void and of 110 cRect, mytliiijg in &is Act to the contrary, notwithstanding.

PART 111.-And with regard to offcnces agaiust this Act by persons P*a.r Irr.

riot holdilig licences: ---

57. If any unlicensed person shall directly or indirectly sell, barter, No person to retail

less than five atandard

exchange, or retail, or ~erii l i t to bc sold, bartered, exchanged, or ,aon.

retailed within tlle said Yrovincc. less than five inll~erinl	gallons of having a licencea
13

liquor, 11c shell forfeit and pay for every such offen& a sum not less

that1 'l en Founds nor more t l ~ n Fifty Pounds. & J?+717. f 8 z ,

68. The provisioi~s of this Act shall not apply to the sale of *xception8.

ginger beer; or of spruce beer; nor to the sale by any person of spirituous or distilled perfhne, bonu fidc as perfumery; nor to the prescription or administration of any liquor simply as medicine, or for medicinal purposes, by any known or practising physician,

apothecary, surgeon, chemist, or druggist; nor shall any licence

under this Act be reqldrcd for the sale, in quantities of not less than one reputed quart bottle, by any person the occupier of a vineyard or orchard, and the delivery after sale, and in such quantities as afore- said, by himself or his servants, of mead, wine, cider, or perry manu- facturgd by such persou from honey or fruit produced or grown in

the said Province: Provided that such mead, wine, cider, or perry

be

136 33" VICTORIX, No. 16.

Licensed Victuallers A c t. 1 8 6 9-70.

Y * 8 ~	ITKn	be not consumed on any premises in the possession or occupation of
such person or his servants: Provided also, that no person,

Proviso.	except the actual owner or occupier of a vineyard or orchard, or a servant in the actual and bond, fide employ of such owner or occupier, shall carry about for sale nny such mend, wine, cider, or perry, unless such mead, wine, cider, or perry be the producc of szch vine-
yard or orchard, or actually manufactured by such owner or occupier,
and be carried about for sale within the limits of a Corporation or District Council, under a penalty of not exceeding Ten Pounds for each offence.
Persona drinking in

the house or store of 89. If any person who shad havc purchased any liquor from

feepervs or rtorc- any person liolding a storekeeper's licence, or a storekeeper's

ersone holding store-

keeper's oo~onial wine colonial wine licence, shall be found drinking such liquor, or open-

licence liable to	penalty, and may !M ing any bottle containing, such liquor, in or about the house, or
apprehended.	on the premises described ~n the licence zranted to such liolder, he

shall torfeit and par, a sum of not l& tllan Twenty ~ l i i l l i u ~ s

nor more than Five Pounds, and every person so offending may be apprehended without warrant by any constable or other peace officer.

%JO~ carried about

for sale, to be seized	90. .4ny Justice, Inspector, or Sub-Inspector of Police, constable, or other peace officer, or Inspector of Public-Houses, may seize and take awav. or cause to be seized and taken away. nil such
a d wndepned.

.I I

liquor or mine as he or they slmll have reasonable cause &'suspect to be carried about or exposed for snlc in m y street, road, or footspa3th, or in any booth, tent, store, or slred, or iu ally other place whatsoever, by any person not liceused or authorized to sell the same, and the vesscls containing tlie same, and all the vessels and utensils used for drinking or measuring the same, and any cart, dray, or otlier carriage, and any horse or other animal em- ployed iu drawing or carrying the same, or used in the conveyance of such liquor, ur wine as aforesaid; and any one or more Justice or Justices, on his or their own view, or on of such offence by

exposing to sale such liquor or wino withoot a licence, and on

oath, may convict nnv person so offending. of carrying about for or

conviction such person shall forfeit md pny any sum not exceeding Fifty Pounds, or be iiuprisoned for any period not cxcecding four ruoatlm, and such Justice or Justices may adjudge such liquor, wine, vessels, and utensils contai1:ing the saruc, and any cart, dray, or other carriage, horse, or other animal used in conveying the same

to be forfeited, and order and direct the same to be sold, and the proceeds thereof, after deductiog the expenses of sale, shall

be appropriated in the same manner as fines and penalties are here-

inafter directed to be appropriated.

Unlioenaed houses,	91.	TJpon inforn~ation	in writing, and on oath being made before
wherein liquors at o

auspeoted to be re.	any Justice, by any constable or creditable person, that, he suspects
tailed, may be	and believes that any l i q ~ o r is imbitually sold or retailed i11 any
rearched.
unlicensed house or place, to be described in such information (such
constable or other person in such illformation settiog forth and

showing

33" VICTORIZ, No. 16.

Licensed Victuallers Act.1869-70.

showing reasonable grounds for such belief and suspicion), it shall

PUT 1~ --

be lawful for such or any other Justice, in his discretion, to grant his warrant to any const~ble or constables to enter and search-such house or place by day or by night, which said constable or constables may break open the doors if not opened within a reasonable time after demand, and seize all such liquors as he or they shall find there, and also the vessel or vessels containing the same, and detain what may have been so seized, until the owner thereof shall appear before a Special Magistrate or two Justices to claim such liquor, and shalL satisfy such Magistrate or Justices how or for what pur- pose he came possessed of the same; and if the owner does not appear before such Ma$strate or Justices within seven days, or if lie does so appear, and it is shown to the said Magistrate or Jus- tices, aftcr duc examination, that such liquor was in the said house or place for the purpose of being illegally disposed of by retail, then such Mazistrate or Justices shall adiud~e the same to be con-

proceeds thereof paid to the use of Her Majesty and the other half

demned, &d the same sliall be forthwih &old, and one-half the net ~:Z,","$;;::J?

to the party informing, otherwise the property so seized shall be

restored to the owner thereof.

Paar IV.

PART IV.-And with regard to legal procedure and evidence:

92. Every proceeding under this Act against licensed or unlicensed ~ ~ ~ ~ ~ ~ ~; ~ P, ~ ~ ~ ~ ~ ~

forfeitures or other peilalties attach, sllall be heard and determined in a sumn~ary way i;?, any Special Magistrate or two Justices, under the provisions of an Ordinance of the Governor and Legislative	persons for omissions, defaults, neglects, acts, or offences, to which under orbame NO. of Justices of the Peace out of Session with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to
may be enforced as in thc said Ordinance is mentioned: And in summary cunvictions and orders; and all convictions and orders every case of the adjudication of a pecuniary penalty under this present Act, aod the non-payment thereof, together with costs, if the costs have been awarded, it shall be lawful for the convicting Justices or Special Magistrate to commit the offender to any gaol in the said Province, for a term not exceeding three calendar months, with or without hard labor, such imprisonment to cease on the payment of the sum due; and such conviction may be in the form contained in Schedule No, I. 2 to the said Ordinance No, 6 of
1850.

93. For the purposes of this Act every ~ u b l i c notice appearing udm 4.llr H butted, notices ap ear-

in the Government Gazette, and having the signature of any public in,, {.

officer thereto affixed, shall be deemed and taken to be in all judicial concl~iveeyidenm

proceedings whatever, without other proof on production only of such Gazette, conclusive evidence (unless rebutted by a legally proved nega.tive) of licences having been issued to, the persons named in any official notification inserted in such Gazette as having

had

2 S

-

Licensed Victuallers Act.--1869-70.

PART 17.	had licences issued to him or them, and that the said licences were
i n the forms prescribed by this Act.

IU proceedings far

retailing illegally, the 94. In all proceedings against any person for retailing or per-

defendant	mitting liquors to be retailed without a licence, such person shall
deemed unlicensed,
unless satiefactory	for all purposes connected with those proceedings be deemed un-

to the contrar).. licensed, unless he shall at the hearing of the case produce his

licence to the S~ecial Magistrate or Justices, or furnish other

satisfactory proidof his licensed.

Unlicenaed~emon er-

hibiting sign, &C.,

95, The fact of any person who does not hold a licence under to his house or premises, or having such house fitted up with a bar or other place, containing bottles or casks openly displayed 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 id sold or served therein, or for there being found in such house or premises a quantity of liquor more than is reasonably re- quired for the use of the persons residiug therein, shall be deemed

p h a f a c i d evidence

this Act, keeping up any sign, writing, or other mark on or near

*fde of liquor+

primdfacie evidence of the unlawful sale of liquor by such person;

Liauorseizedforbeina and in all cases where liquor shall be carried about from one place

of proof on dofendant. burden to another as mentioned &l clauses 87 and 89, the burden of

that such liquor was not so carried or exposed for sale shall be

cast on the party or parties carrying or exposing the same.

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

Evidence of sale.

his or her servant, or other person in the house or place, shall be deemed and taken to be goodprim% fa& evidence of money or other consideration being given for the same, so as to support a conviction, unless proof shall be made to the contrary to the satisfaction of the Special Magistrate or Justices hearing the case.

m a t h a i l be deemed 97.

If any unlicensed person, being a dealer in other things than person being a customer, or under any pretence whatever, or shall

retailing. liqnor shall give away or deliver any liquor to any person coming or sending to his house for other things, under the pretence of such 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- turned, and the quantity so sold or delivered, after deducting the part returned or to be returned, shall then be under five gallons, such unlicensed person shall be deemed a retailer of the liquor so given away, or sold, or delivered, and shall be liable as for selling the same by retail without a licence.

Justices may deter- 98. The Special Magistrate or Justices sitting at or on the

mine what is retailingg hearing of any information or complaint under this Act for retailing

without a licence, may determine the fact of retailing according to the circumstances of or attending each and every partic~~lar case, without direct evidence of money or value having been given for the liquor alleged to have been sold or retailed, or of any par- ticular-person having himself so sold or retailed.

99. No

33O VICTORlB, No. 16.

Licensed Victuallers Act.1869-70.

99. No conviction shall be had under this Act for any offencc happeniug more than three calendar moliths before the time of	Informations to be
within three
filing the information or complaint,	months after the
offence.
100. There sliall be an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, or from any	Appeal to Adelaide
Local Court of Full
order declaring the forfeit of any licence as hereinbefore mentioned,	Jurisdiction.

or from any o h e r dismissing any information or complaint, or froG 4-	B/&BB~	f	' l
any order for payment of costs or otherwise, which appeal shall be
to the Local Court of Adelaide of Full Jurisdiction only, and the proceedings on such appeal sliall bc conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts; bat the Locnl Court of Adelaide aforesaid may innke such order as to payment of the costs of appeal as it shall tliink fit, although such costs may exceed Ten Pounds: Provided always, that in all cases of appeal against any order or conviction of any Special Magistrate or Justices declaring any licence gan t rd under this Act to be forfeited, the appellnnt shall, within four days of the date of such order or conviction, givc 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 sball he in addition to the notices required to
be given by the said Act, No. G of 1850.

101. The Local Court of Adelaide, upon the hearing of any Local ~ o u t t, upon

appeal, may state one or more special case or cases for the opinion hearing of appeal,	may state special case.
of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make order as to costs of any special case as to the said court shall appear just; and any two or niore Justices, or the Local Court of Adelaide, shall make an order in respect to the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof; which order of tlle Justices or Local Court	shall be expressed in umlner provided for the enforcement of orders	of Justices under the said Ordinance No. 6 of 1850; and, smc as
herein provided, no order or proceeding of any Special Magistrate or Justices, or of any Local Conrt, made under the authority of this Act, shall be appealed against, or removed by certiorari or other- wise, into the Supreme Court of the said Province.

PART v.

PART v.-And with regard to the distribution and application of

penalties and moneys received for licences:

shall (except where otherwise directed) be paid to the use of Her tiee. 102. One half of every pecuniary penalty imposed by this Act Diatributionofpenal-

Majesty, 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 for-

feiture~ whatever may be remitted wholly or in part, and either

with or without conditions, by the Governor. V 103. All

ir U 3 9 VICTORLB, NO. 16.

Licensed Victuallers Act.-1 869-70.

PAXT r. 103. h11 moneys that may be received for licences or for penalties,

Application o!licence excepting moieties of the same assigned to informers by this Act,

money, pendties,

,	,	i	f	forreiture3, and	or as fees under and by virtue of this Act, shall be and are hereby
fees.	reserved to Her Majesty, Her heirs and successors, for the uses of the said Province, and the support of the Government hereof.
PABT VI.	PART VI.-And with regard to protection to officers and general

matters:

Governor may make 104. The Governor, upon the recornmcndation of the &hrine

lampe, on recommen-	reghtionsriapeuting Board (such recornmendLtion to be signed by the President
dationof Marine and Secretary of the said Board), may make such regulations doard. respecting the lamp required to be kept by any licensed person residing near the sea coast as the said Marine Board may recom- mend; and such regulations shall be published in the Gazette, 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.
Protection to officers- 105. All actions and prosecutions to be commenced against any 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 a t least befbre the commencernerlt 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 rccover in such action if tender of sufficient amends shall be made before action brought, or if after action brought the de- fendaut 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 payment into Court; and if a verdict shall pass for the

defendant, or the plaintiff become nonsuit or discontinue, the defen-	dant shall recover full costss as between attorney and client, and
have his remedy for the same in the usual wag.

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

this Act.

JAMES FERGUSSON, Governor.

SCHEDULES

330 VICTORIB, No. 16.

Licensed Victuallers A ~ t. 1 8 6 9 ~ 7 0.

SCHEDULES REFERRED TO.

SCHEDULE A.

Form of Notice of Application for a PuZlican's Licence.

[NOTE.--If the applicant l e a licensed person seeking for a renewal of the aame

licence for the same premises, and without alteration as to tap or manager, the notice is to 6e colzjned to those points, and no house- keeper's certzjfcate will be ~zecessary.]

To the Worshipful the Licensing Bench of Justices of the Peace acting in and

for the District of , in the Province of South Australia:

I, A.B., of [here slate the residence and trade or calling], do hereby give notice, that it is my intention to apply at the next meeting of the Licensing Bench of Justices for the District of, to be holden at in this behalf, for

a licence to sell and retail liquor in the house and premises situate in

street, at	,	and which 'I intend to keep as an inn or public house to be
called the

[If the applicant desires to keep a tap or taproom separate from the house, or

having a separate outer door, add as follows :-

And I am desirous of receiving the said Licensing Bench of Justices' approval of

my keeping a tap [or tap and taproom, o r a taproom, as the case may 6e] about

keeping a tap, or tap and taproom, or a taproom, in the house, but with a separate from the house, and. detached therefrom br, if the case requires it, of my

outer door thereto] and of G.H. Lresidence, trade, or calling] being permitted to have

the personal management and euperintendence thereof.

--

Form of Notice of Application for a Slorekeeper's Licence.

I, A.R., of [here state residence, trade, or calleitg], do hereby give notice that i t is my intention to apply at the next meeting of the Licensing Bench of Justicea for the District of, to be holden at, in thia behalf, for a atore- keeper'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 18 .

A.B.

--

Form of Application for a Wine Licence.

To the Worshipful the Licensing Bench of Justices acting in and for the

District of , in the Province of South Australia:

I, A.B., of [here state the residence and trade or calling], do hereby give notice, that i t is my intention to apply at the next meeting of the Licensing Bench of Justices for the District of, to be holden at, in this behalf, for a licence to sell mead, wine, cider, and perry, qroduced in the eaid Province, in the house and premises situate in, and whlch I intend to keep as a wine Louse.

Dated this day of 18 .

A B.

SCHEDULE B.

Form of Housekeeper's Certgcate 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 reputation, fit to be entrusted with a licence to keep an inn or public house (or as the

case may be), and able to manage the same.

Dated this day of one thousand eight hundred and

I.J., of	[Here insert place of	residence, and add to
K.L. of

M.N of if frude or calling.]

33" VICTORIB, No. 16.

If a separate tap or taproom is required, add as follow^ :-

We, &C., [as in the forcgoirig do hereby certify that G.H. [hers insert p l c ~ ~ of

residence, trade or calling], is we1 1 known to us, &C.,	[as in the preceding], 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	[Uere insert place of	residtnce, and add to
&.R. of

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

Form of Housekeeper's CertiJicate. l

We, the undersigned householdere, 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 reputatian.

C.D.

E.F.

Q.H.

0 SCHEDULE C.

Certijcute to SeZZ Liquors in a Booth, at Races, Fairs, $c.

I, A.B., Esquire, a Special Magistrate [or we, CD. and E.F., two of Her Majestly

Ju~tices of the Peace] in and for the Province of South Australia, hereby approve of

, now holding a publican's licence, o r mine licence [as the case may

be] selling liquor or mead, wine, cider, or perry [as the case may be] in an open booth,

or tent, or building, at , on the occasion of a

for the space of days, subject to the provisions of the " Licensed Victuallers

Act 1869," or of any Act amending the same.

E.F., J.P.

SCHEDULE D.

CertzjZaie to S e l l Liquors in a certain place upon Goldjelds.

I, A.B., Esquire, a Specid Magistrate in and for the Province of South Australia,

hereby certify and allow that the holder of this certificate, , now

holding a publican's or wine licence a t, may sell liquors or mead, mine, cider, and perry [as the case may be1 in a ccrtain placc or building known as or called

, situate upon the Goldfields known as , for residue of the

term of the general publican's o r wine licence held by him, subject to the provisions

of the " Licensed Victuallcrs Act 1869," or any other Act amending the same. A.B., S.M.

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

specified as accurately as circumstances will allow.

SCHEDULE E.

Form of a Pu6Zican's Licence.

I, A.B., Clerk to the Licensing Bench of Justices for the District of in

the Province of South Australia, do hereby certify that on the day of

18 , a Publican's Licence was granted by the said Licensing Bench then assembled,

at their meeting, held a t , to C.D., of , and that the said C.D. is

hereby licensed to sell liquor in any quantity in the house called or known as	9
eituated at, in the said Province, and the appurtenances to the said house belonging, but not elsewhere, and this licence shall commence upon the day of h e issue hereof by the Treasurer, and continue in force until the day of March
in the jear now next ensuing inclusive, provided it be not forfeited in the meantime.

Uiven under my hand a t this day of 18

A.B., Clerk to the said Licensing Bench.

Iasued the day of , l 8 .

E.F., Treasurer.

SCHEDULE

33" VICTORIX, No. 16.

P -

Licensed Victuallers Act.1869-70.

SCHEDULE F.

F o r m o f a Slorekeeper's Licence.

I, A.B., Clerk to the Licensing Bench of Justices for the District of in

the Province of South Australia, do hereby certify that on the day of

18 , a storekeeper's licence was granted by the said Licensing Bench then assembled at their meeting, held at, to C.D., of, and that the said

C.D. is hereby licensed to sell and dispose of liquor in quantities of not less than one

gallon of spirits or one dozen bottles of wine or other fermented liquor in the shop, atore, or room of the said C.D., situated at, so that such liquor shall not be drunk in or about the house or on the premises above described; but no liquor shall be sold or disposed of earlier than six o'clock in the morning or later than eleven o'clock at night; and this licence shall commence on the day of the issue hereof by the Treasurer, and continue in force until the twenty-fifth day of March in the year now next ensuing inclusive, provided it be not forfeited in the meantime.

Given under my hand this day of 18 .

A.B., Clerk to the said Licensing Bench.

Issued the day of , l 8 .

E.F., Treasurer.

SCHEDULE (3.

Form of W i n e Licence.

I, A.B., Clerk to the Licensing Bench of Justices for the District of in

the Province of South Australia, do hereby certify that on the day of

18, a wine licence was granted by the said Licensing Bench then assembled a t their meeting, held at, to C.D, of, and that the said C.D. is hereby licensed to sell mead, wine, cider, and perry, produced in the Province of South Australia, in any quantity, on the premises [describing them , and the appur-

tenances belonging thereto, but not elsewhere; and this licence shal ? commence upon

the day of the issue hereof by the Treasurer, and continue in force until the

day of March in the year now next ensuing inclusive, provided it be not forfeited in

the meantime.

Qiven under my hand at , the day of 18 .

A.B., Clerk to the said Licensing Bench.

Issued the day of , l 8 .

E.F., Treasurer.

SCHEDULE H.

F o r m of Storekeeper's Colonial W i n e Licence.

WHEBMAS A.B., of, hath pair! into my office the sum of S sterling,

for a Storekeeper's Colonial Wine Licence: Kow I, the undersigned, being the Treasurer of South Australia, do hereby licence the said A.R. to sell and dispose of, on [describe the premises], mead, wine, cider, and perry, produced and manufactured in South Australia, by retail, and in quantities of not less than one reputed qvart bottle a t a time, provided that no part t.hereof be consumed on the said premises; but no such mead, wine, cider, or pcrry, shall be sold or disposed of earlier than six o'clock in the morning, or later than eleven o'clock at night: And this licence shall commence from the date hereof, and continue in force until the twenty-fifth day of March, in the year now next ensuing, inclusive, provided it be not forfeited in the mean time.

Given under my hand this day of 28 .

C.D., Treasurer.

SCHEDULE I.

Form of Notice o f intention to apply f o r transfer of Licence f r o m oneperson to

another.

I, A.B., the holder of [state the nature o f licence] licence for the house and pre-

mises known as [or the shop, store, or rooms, as the case may 6eJ situate at

, do hereby give notice that it is my intention to apply to the Licensing

Bench

33" V I C T O R I ~, No. 16.

Licensed Victuatlers A c t. 1 8 6 9 - 7 0.

Bench of Justices for the District of , sitting a t their quarterly

meeting, to be holden a t , on the day of

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

present occupation, i f any, of proposed transferee.]

Dated this day of , 18 .

A. B.

SCHEDULE J.

Form of Endorsement of a Iransfer from one Person to another.

I, the undersigned, Clerk to the Licensing Bench of Justiccs for the District

of sitting at the quarterly meeting of such Licensing Bench of Justices,

held a t , on the day of , one thousand eight hundred

and, for the purpoae of transferring licences, do hereby certify that upon the application of the within named A.B., the requisite no:ices for such transfer having been proved before the said Bench to have been duly given, the said Bench has transferred the rights and privileges of the within licence to C,D, for the residue of the term for which the same has now to run.

Given under my hand, at , the day of , 18.

A.B.

SCHEDULE K.

A r m of Notice of appliccfion to remove Licence to other Premises.

I, A B., the holder of a [state the nature of tAe licence] licence for the house and premisee known as [or the shop, store, or rooms as the case may be]

situated , do hereby give notice that it is my intention

to apply to the Licensing Bench of Justices for the District of 9

sitting at the quarterly meeting to be held at v on 9

to remove the licence to rdesc~iBe	the premises to which i t is proposed to remove ihs
busineos].

Dsted this . day of , 18 .

A.B.

SCHEDULE L.

Form of Endorsement of a removczl from one House to another.

I, the undersigned, Clerk to the Licensing Bench of Justices for the District

of , sitting a t the quarterly meeting of such Licensing Bench of Justices,

held at , on the day of , one thousand eight hundtcd

and , and the requisite notice of application for r emo~al having been

proved before the said Bench to have been duly given, do hereby dcclart? that the	within licence shall henceforth cease to apply to the house and premises therein
described, and shall henceforth apply to the house and premises known as the

, and situate at [describe in the same manner as in the original licence].

G i ~ e n under my hand, this day of , 18 .

C.D.

SCHEDULE M.

Conviction.

South Australia that A.B., of , being the holder

to wit. licence, is this day convicted before us, the under-

signed, two of Her Majesty" Justices of the Peace for the said Province (or me, the undersigned, a Special Magistrate of the said Province), for that the said A. B. [here set out the o f i c e of which he has been concicted, and if the ofence is one to which forfeiture is not specia2ly altac?uxJ, a a d j; and i t having been proved before us (or me) that the said A. B. has been twice before convicted within a period of three calendar months of offences against the Licensed Victuallers Act, l869: Now we (or I) do therefore order and adjudge that the said licence of the said A.B. shall be, and the same is hereby forfeited [g cosh arc yieen, add the proviso toifh rega~d to costs con- tained in Schedule 12 of the Ordinance No. 6 of 18501. Given under hand

day of

C.D.

E.F.

SCHEDULE

33" VICTORTAE, No. 16.

Licensed Victuallers Act.1569-70.

SCHEDULE N.

Form of Cert$cate of Special Mrtgislrato, authorizing person to enter and carry on

business is licensed house untz't next quarterly meeting.

I, A.B., Esquire, Special Magistrate, and J u ~ t i c e of the Peace in and for the

Province of South Australia, do hereby certify that I have considered tEe application made to me by and am satisfied that he has complied with the requirements of the "Licensed Victuallers Act, 1869,'' and that h e is a proper person to enter into and carry on the business of, and in the premises licensed under, a pub- lican's or wine licence, of date of the day of, and I therefore heteby authorize him to enter and carry on business therein until the next meeting

of the Licensing Rench of Jusiices for the District of to be holden on the

day of nest,

Given under my hand this day of , 18.

A.B.	.
C.13.

SCHEDULE 0.

Xtdcs and R e y u l ~ t i o n ~ ~ f o r conrlucting the Eusiness o f Licensing BoicAes.

1. T h e Commissioner of l'olice shall obtain, and furnish to the Clerk of t h e

Licensing Bench in each licensing district, at least three weelis before the annual or quarterly licensing day, a report of every licensed house in such district, and n.s to applications for new houses, or ncw applications for old houses, as soon after the application as possible; such rrport to contain a description of the con- ditions of the houses, premisw, and furniture, the manner in which the house has been ccnducted during the past twelve months, the character of the persons- frequenting the house, and a statement of the number, locality, and distance of other licensed houscs in the neighborhood.

2. I n the case of applications for new houses, and new applications for old housee,. and of transfers of licences, it shall be the duty of the Clerks of the Licensing Benches to which such applications are intended to be made, to search the record of applications kept by thr Clerk of the Adelaide Licensing Bench; and, upon the consideration of such app!ication, to report to the Bench whether the applicants, or, in case of transfers, whether the intended transferees havc previously applied for any licence$, or have been intendrd transferees cf licences, together with the result of such applications, respectively; and in case of the rejection or refusal thereof, then. the ca:.se of such rejection or refusal.

3. At the annual mccting of the Licensing Benches, the applications for new houses shall take precedence, thc new applicants for old houscs shall be taken next, and the rr-st of the business shall follow.

4. The ClerLs to the Licensing Urnches shall give notice to those applicant8 nppljing a t the annual meetings for a rcnerval of their licences, when such licences

have been o&jc,jr.c!ed to by the l'olice Inepectors of Public-houses, or other persons, t o

attend at such annual meetings; and such applicants shall be hcard immediately after the applications for new houses; and in such notice the Clerks to the Benches hall state the nature of the objection.

5. A t the quar te~ly meetings, the order cif conducting the business shall be the

name as a t the annnal meetings.

6. K O applications that haw been decided at an annual or quarterly meeting shall.

be reopened at an adjourned annual or quarterly meeting, unless the Bench is corn- posed of the same Justices who hefrd the application, or in pursuance of leave granted a t the original hearing.

'7. On the hearing of a n y applications, except for renewals, the applicant, by himself, cr by his counsel, shall open his case, then thc objectors, who have given due notice, are to be heard by themselves, or their counsel, and thc applicant may reply.

8. In the case of a~plicat ions for renewals, the objectors shall commence, and the

applicant reply only.

9. The evidcnce, if any, shall be given in the same manner as in courts of lam.

10. The Licens'ng Bench shall thcn consider the application, and, if nnanimous, shall give their decision through their Chairman; but, if not, they shall decide by vote (retiring, if necessarje, to a private room) whether the licence shall be granted or refused. The decision, and all remarks made theteon, shall be given through the Chairman, and the other Justices s l aU not comment upon the decibion announced, or the remarka made by the Chairaan.

13. The

P

11. The decision of the Benoh wh6n-once announced by the Chairman shall not

be questioned or reconsidered.

12. No objection, in respect of the character of any applicant, shall be entertained

by the Bench, unless notice has been given the applicant; and should any such

* objection appear to the Bench to be frivolous, the costs of, and occasioned by, such

&objection shall be ordered by the Bench to be paid by the party making the same.

13. The objection that premises, in respect of which publicans' or wine licences

are held, are frequented by bad or improper characters, shall not of i t~elf be con- sidered a sufficient reason for withholding such licence, if it shall appear to the Bench that licensed premises are required in the locality; but the consideration of <granting any such licence shall be adjourned, and in the meantime a special report on the premises shall be made by the police, and presented to the Bench at the .adjourned meetipg.

14. No objection from the police shall be entertained, unless the nature of the objection shall have been stated in the Commissioner's report or written notice; and no dbjection of any kind shall be entertained, unless notice thereof has been given in

%he terms of this Act.

5

Adelaide: Printed by authority, by W. C. Cox, Government Printer, North-temoe.

c