Licensing Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

A. D. 1872.

No. 22.

An Act to amend an Act intitulcd the '"icensed Victuallew Act, 1869."

[Assented to, 27th November, 187 2.3

HEREAS it is expedient to amend the " Licensed Victuallers Presmbls.

W Act, 1869,"-Be it therefore Enacted by the Governor of	the Province of South Australia, with the advice and consent of'
the Legislative Council and House of Assembly of the said Pro-
vince in this prescnt Parliament assemblcd, as follows:

1. This Act may be cited for all purposes as the Licensed Shorttitle.

Victuallers Amendment Act, 187 2," and shall commence and take effect from and after the passing hereof.

FF

2. Except so far as the same is inconsistent with or altered by incorporation of A C ~

this Act, the a Licensed Victuallers Act, 1869," shall be incor- tuallers an lss9:.	with " Licensed Vic-
porated and read herewith as forming pne Act.

3. Sections 8, 10, 27, 30, 46, 65, 73, 74, 75, 99, 102, and 103 Repealof Soctionm 8, 10, 27, 30, 46, 65,

of the " Licensed Victuallers Act, 1869," are hereby repcaled 73, rr, 70, os,

except so far as may be necessary for supporting any conviction or and 103.

other proceedings under the same madc or taken before the passing

of this Act.

b

4. That in addition to the licences mentioned in the fifth clause Nature of additional licences.

of the	Licensed Victuallers Act, 1869," a licence to be denomi-*
nated a	Packet Licence " may be granted.

5. Every storekeeper's licence shall authorize the person thereby (itorckeegr'a licence.

licensed to sell and dispose of liquor in the house or on the premises

therein

Xhe Lkmsed Victzcallers Act Ammdment Act.--1872.

therein specified in quantities of not less, at one time, than one gallon of one kind of spirits, or one dozen reputed quarts, or two dozen of pint bottles of wine or other fermented liquors to be taken away at one time by any one person, and not to be d m k on the premises in which such liquor is sold.

Starekeeper's colonial

6. Every storekeeper's colonial wine licence shall authorize the person thereby licensed to sell and dispose of wine, cider, mead, and perry, grown and manufactured in the said Province, in the house or on the premises therein specified in quantities of not less than one reputed quart bottle at one time to be taken away at one time by any one person, and not to be drunk on the premises in which such liquor is sold.

wine licenee.

Penalty on drinking 7. If any purchaser of any liquor from any person holding a

liquor on premises of

the holder of a store- storekeeper's licence or a storekeeper's colonial wine licence, shall

atorekeeper's colonial	keeper'^ licence or a drink such liquor in the house or premises described in such licence,
wine licence.	he shall forfeit and pay a penalty of not more than Forty Shillings.

~aoltet licence. 8. Every packet licence shall be in the form of the Schedule hereto marked B, and may be granted to the master or commander of any steamer or other vessel making passages and conveying passengers from any place within the Colony or its dependencies to any other place, and such master or commander shall thereby be authorized to sell and dispose of liquor to any passenger then on board: Provided that nothing in this Act shall prevent or render penal any allowance of liquor to the crew of such steamer or vessel.

Bslnualfeeforapacket 9. The annual fee for a packet licence shall be Ten Pounds.

licence.

Pendtp far retaii;Dg 10. If any master or commander, not having a packet licence, shall directly or indirectly sell, barter, or exchange by retail, or permit to be sold, bartered, or exchanged by retail w~thin the said Province any liquor in any quantity, or if he shall do so contrary to the terms of the licence, he shall forfeit and pay for every such offence a sum

withoutfice~e.

i not less than Two Pounds nor more than Twenty Pounds.

Packet licence to be 11. The Treasurer, upon payment of the licence fee hereinbefore

panted by Treasurer. mentioned, and upon receiving the certificate of two Justices of the

Peace or a Special Magistrate, in the form in Schedule A, may grant to the person named in such certificate a packet licence in the form

in Schedule B,

Nature of obiectionm. 12. The objections, of which notice may be given, shall be one or

more of the following:-That the applicant is of bad fame and character, or is beneficially interested in keeping a brothel, or is of drunken habits, or has, within six months previously, been deprived of a licence under the " Licensed Victuallers Act, 1869," or under this Act; or that the house mentioned in the application has not at

least two moderate&ze sitting rooms and two sleeping rooms, properly

ventilated

The Licensed Vicbcz llers Act A m d r n e n t Act.-1 87 2,

ventilated and furnished, constantly ready and fit for public accom modation, independent of the rooms occupied by the applicant and his family, and a decent place of convenience on or near to the premises for the use of the customers thereof; so as to prevent nuisances and offences against decency; or if the house be iituated more than ten miles from Adelaide, that the same does not contain a sitting room and two sleeping rooms, properly ventilated and fur- nished, for the accommodation of travellers, separated from the tap by a space of at least twelve feet with a separate entrance; or that there is not a stable on the premises capable of containing at least four horses, with a sufficient quantity of hay and corn; or that there is enclosed within the same fence as the house mentioned in the application any store, shop, or dwelling-house having means of com- munication open within the yard belonging to such premises, and not separated therefrom by any division wall or fence; or that the management of such house in such particulars as are specified in the notice has not been satisfactory; or, if the application is for a licence for new premises, that the applicant has not filed plans as herein- before mentioned; or that such house is not required for the accom- modation of the public; or that the housc mentioned in the application is in the immediate vicinity of a church or other place of public worship, hospital, or school, and would, if licensed, be thc cause of inconvenience or annoyance to the persons using or frequenting such church, place of worship, hospital, or school; or that the quiet of the locality in which such house is situated will be disturbed if a licence be granted for the sale of liquor in such house; but such last- mentioned objection shall not be entertained unless a petition against the granting of a certificate authorizing the granting of such licence for such house shall be presented to the Liccnsing Bench, to which the application shall be made, signed by at least two-fifths of the occupiers of houses in the immediate neighborhood of such house; or if a licence has been already granted for the sale of liquor in any other house in such locality: Provided, however, that the restriction as to the necessary accommodation of the houses within ten miles of Adelaide shall not apply to those houses which have been duly licensed under the GLicensed Victuallers Act, 1869," and no Exceptionn.

objection shall be heard or entertained unless notice thereof has been given by the person so objecting whether the person so objecting be the Inspector of Public Houses or not.

13. The Clerk to each Licensing Bench shall attend the annual CIerkof Bench to sign Licenring liccncer.

and quarterly meetings thereof, and minute the result of the pro- cccdings, and whenever any Licensing Bench shall grant any licence under the authority of this Act, or of the "Licensed Victuallzrs Act," 1869," 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 appltcations 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, immediately sign a licence in the form contained in the Schedules E,

+ F,

96 35" & 86" VfCTORUE, No. 122.

The ticensed Victuallers Act Amendment Act.-1 87 2.

F, or G, in the said "Licensed Victuallers Act, 1369," as the case may be, and shall, after registering the same in the said list of applications, with the date of signing the licence, forthwith hand the same to the Treasurer, or to some officer appointed by him, who shall attend every annual and quarterly meeting of the Licensing Bench, and such

issue licences on the	Trwurer or ofticer to Treasurer or officer aforesaid shall, on receipt of the annual fee
same day. payable in respect of the licence granted, and of Two Shillings and

Sixpence for each licence, issue and deliver such licence to, or to the order of the person in whose favor the same shall have. been granted, the ~rc&surer or officer aforesaid having first minuted at the foot of the licence the day on which the same was so issued by him.

*remiwama).be lept

opp. by special per-

14, Any two or more Justices, or a Special Magistrate, may give permission in writing to any person holding a publican's or wine licence to keep his licensed premises open on the occasion of any ball, or dinner party, or on the occasion of any public amusement or entertainment, or public meeting, or on any other special occa- sion to be specified in such permission, beyond the timc otherwise fixed in the said " Licensed Victuallers Act, 1869 :" Provided that nothing herein contained shall allow the keeping open of any licensed premises after a quarter to twelve o'clock, pm., on any Saturday, and that no such permission shall extend over any longer period

m~ssxon.

be than six hours: Provided also that the production of any such

answer to proceedings	permission shall be a sufficient answer to any proceedings which may be instituted against any such person for keeping open his house later than thc timc allowed bv the said Act on the occasion for which any such permission shall gave been given.
Certificate may be
granted to widow &c	15. If any applicant for a publican's liceuce shall die after having or before the licensing day, the Licensing Bench may, if they think fit, grant a certificate for such licence to his widow or personal representative in like manner as if he or she had been the ap- plican t.

of whodic'd. taken the required preliminary steps for obtaining the same, but on

~;~@;;~; ;~ ; . ;

Prosecution and pun- 16. Every person who shall aid, abet, counsel or procure the

iabment of aidera and commission of any offence under the K Licensed Victuallers Act,	abettors in the corn-
lnission of offences. 1 869 ," or under this Act, which is punishable on summary convic-

tion, shall be liable to be proceeded against and convicted for the same either together with the principal offender or before or after his conviction, and shall be liable on conviction to the same forfeiture and punishment as such principal offender is or shall be by law liable.

Liquors not to be

supplied to aborigines.

17. No person shall sell, barter, exchange, retail, or give, or permit to be sold, bartered, exchanged, retailed, or given, any liquor to any aboriginal native of Australia, or half-caste of that race, under a peualty of not less than One Pound nor more than Ten Pounds for each and every such oEcnce: Provided that nothing

herein contained shall extend to any liquor administered as

medicine by or under the directions of any duly qualified medical

practitioner.

18. If

- 350 & 36" VICTORIB, No. 22,

The Licensed Victuallers Act Amendment d c t. 1 8 7 2.

-

18. If any licensed victualler shall bond@e admit into his licensed ~icensed victuallers

bond admitting

house between the hours of eleven o'clock, pm., and five o'clock,	,,,, ,, ,,-
a.m., on week days, or on Sundays between the hours of ten o'clock die. in the morning, and one o'clock, in thr afternoon, or between the k - q hours of three o'clock and eight o'clock in the afternoon, any
person who has wilfully misrepresented himself a t rwder, the person making such misrepresentation, and not the licensed victualler, shall be liable to a fine of not less than Five Pounds, nor more than Fifty Pounds.

keep the outer doors which face a public thoroughfare, and which eoing a public with taproom and 19. If any person holding a publican's or wine licence shall not outer iioorsconncctea

house, closed on Sunday, ER shall, for every such offence, fbrfeit and closed on Sunday.	are immediately connected with one of the taplooms of his licensed thoroughfare to be
pay a fine of not less than Five Pounds nor more than Fifty Pounds, and if any such person shall an that day sell or supply to any person not being a traveller, or lodger living or staying in his licensed house, in the tap or taproom, or upon or from out of any part of Liquor be sold
his licensed premises, any liquor or refreshment whatsocver (except on that day, subject to exceptions.
from one to three o'clock, and from eight till ten o'clock in the afternoon), he shall, for any such offence, forfeit and pay a fine of not less than Two Pounds nor more than Ten Pounds.

20. No person holding a publican's licence shall be compelled to H O U N O ~ may close on

open his house during any hour on Sunday, except to bond jde travellers: Provided that a notice in front of his house is given that t,he house is not open on any hour on Sunday; and, provided also, that the publican giving such notice is licensed for a house situate in a town or village wherein there is at least one other licensed house.

21. If any person holding a publican's or wine licence shall not clear Tapa to be aleared, and outer doom hcing

his taproom and close the outer doors which face a public thoroughfare, a thoroughfare

and which are immediately connected with one of the taprooms of his are to be closed, at

licensed house, at eleven o'clock in the evening of all working days, eleven O * C ~ O C ~.

and keep the same closed until five o'clock in the morning; or shall sell or supply to any person not being a traveller or lodger living or	staying in his licensed house, in the tap or taproom, or upon or from	out of any part of his licensed premises, any liquor or refreshment
house is required to be closed, he shall for such offence forfeit and ~~d~~~ may be ad- pay a penalty of not less than Two Pounds nor more than Ten mitted. whatsoever during the hours aforesaid when every outer door of his licensed person to admit bond f ide travellers, or lodgers living or staying in his licensed house, after such hours: And provided also, that it shall be lawful for every licensed person to clear his taproom and close the door thereof, and cvery other outer door of his said premises at ten o'clock in the evening.

22. All informations under this Act, or the "licensed Victuallers ~ ~ ~ d ~ d ~ ~ - O n

Act, 1869", for any offence, shall be laid, and the summons thereupon	mons sewed.
served, on the offender, or left at his licensed premises, within four-

GG teen

Tke Licensed Pictuallers Act Amendment Act.-1 872.

teen days after the commission of the act in respect to which such information is laid, when the offence is committed without the limits of any corporate city or town, and within seven days when the I offence is committed within such limits: Provided that informations may be laid and the summons thereon served upon any holder of a packet licence at any time within two calendar months after the commission of any offence by the holder of such licence, against the provisions of the " Licensed Victuallers Act, 1869," or of this Act.

A~~l iOat iOn ~ ~ e n c e 23. All moneys that may be received for licences or for penalties,

moneys, penalties,

fines, forfeiturae, and	or as fees under or by virtue of this Act. or of the " Licensed Victual-
fees.	lers Act, 1869," shali be and are hereby reserved to Her Majesty, Her heirs and successors, for the public uses of the said Province, and the support of the Government thereof: Provided that any fines or penalties may be remitted by the Governor, with the advice of ihe Executivi Council, upon such terms ss may seem just.

Lioenoes for part of	24. In the case of	any licence being issued for a portion of the
the year.

year only. a proportionate amount of the licence fcc shall be payable

by the licencee.

In the name and on behalf of the Queen, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor.

SCHEDULES

The Licensed Victuallers Act Amendment Act.--1872.

SCHEDULES ABOVE REFERRED TO.

Form of Cert$cate, for a Packet Licence.

I, the undersigned LSpecial Magistmte's name1 of [address], or-We [names of two

Justices of tt%e Peace1 of rarldresses do hereby certify that the master

[or commander, as t ie case may be of the steamer, [or other

vessel, as the case may be], conveying passengers between [name theplace] and [name 4	the place], is a person of good fame and reputation, and fit to be entrusted with a
packet licence.

Dated this day of 187 .

[Signature of Special Magistrate,

or sz$natures of	two Justices of the Peace].
B

Form of a Packet Licence.

Whereas A. B. of

, being the master [or commander1 of the steamer

Lor $any other kind oJ' vessel, describe it] hath deposited in my

office a certificate signed by a Special Magistrate [or two Justices of the Peace, as the

A. South Australia, do hereby license the said A. B. to sell liquor in any quantity to any passenger on board of such veasel; and this licence shall commence on the day of the issue hereof by the Treasurer, and continue in force for twelve calendar months, provided it be not forfeited in ths meantime.

case mlay 6eJ and whereas the said B. hath paid into my office the sum of Treasurer of

Wiven under my hand, at , this day of , 18 .

C. D., Treasurer.

Adelaide: By authority, W. C. Cox, Government Printer, North-terrace.