Licensing Act 1876 (SA)

AR'NO TRICESIMO NONO ET QUADRAGESIMO

VICTO

A.D. 1876.

An Act to amend the Licensed I;'ictuallers Act.

[Assented to, 17th November, 1876.1

SS i t is expedient to amend the " 1,iccnsed Victuallcrs fi-bb-

1 XS?," by giving addi~ionnl power to memorialists

against the granting of pnblicans' or wine liccncrs, and for other

purposes as	..L hcreinaftcr mcntioncd-Be i t lherefore lhacted by the
Governor of South Australia, with the advice ancl consent of the Lrgislutive Council and House of Asscmlsly of the mid Province in this prescnt Parliament asst?mbled, as follows:

1. No certificate, authorizing the granting of a liccncc undrr the Valid objection,

said "Licensed Victuallcrs Act, 1869," shd l bc granted if a. me- morial against the granting of the same, si5tlrd by at least two-thirds of the ratcpnyers in the immediate n~~gllborhood, be presented

mean those persons only whose names appear on the assessment book	payer."
of the Corporation or District Council within which thc housc for
which the licencc is sought and is being objected to shall bc	situated at the date when such petition shall be prcscntcd, and who,

to the Licensing Hcncli. The genuincncss of the signatui~s to such Sianatme to be venficd.

memorial to be verified on oath before the Bench by the person or persons in whose presence the same may I ~ V C been written: Pro- vided that no such memorial shall be reccivccl unless it bc signed by twenty persons at the least, and that the snrnc be pwvecl to aniourlt to two-thirds of the adult ratepayers: Providcd also h t nothing hcrcin conthiiled shall be hcld to apply to or in any way affect houses in respect of which licences shall have previously hcen granted, and this clause shall only apply to publicans' and wine licences.

2. The words " ratepayers in thc immecliatc neighborhood," shall Definition of 'LBsto-

39" & 40" VICTORTB, No. 52.

T7te Liccnscd Victzdlers B n z c ~ d ~ t m t Act.--1876.

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if resident in a city, town, or villagc, shall reside within a radius of two hurldred yards from the front door of such house, or if beyond the boundaries of a city, town, or village, of not more than one mile from the front door of such house.

F O ~ of memorial. 3, Such memorial shall be in the form contained in the Schedulc hereto appended, or to the like eff'ect.

Permission t o issue 4.

A memorial having been presented in terms of this Act against tllc grmting of a ~ ~ C C I ~ C C

licences within or I ~ C C ~ C F S, it shall not lic lawful for the

apec~fied ne~ghbor-

hood upon memorial	L i ~ e l l ~ i n ~; B:mll, at any future ~ittillg, to cnt~rtaill a n application
only.	from any person or llersons within the said area in rcspect of any house f o ~ which a liccncu has 1)cw-t i .~f :~srd, unless there stionld be prcs~ntcd a rncmorial in faror of gr;~nting a licsnee or licences, signcd by a. majority of the ratepayxs, ancl the gc~iuineness of the signatures verified, as provided fox in case of valid objectiou in section 1 of this Act.

Memorial to be 5. The memorial xnentioned in section 1 of this Act, with a copy

lodged.	thereof for service on the apl)licant by the Clr-rk of the Licensing Bench, ~ l d l be lodged wit!i the said Ulel.1~ within three calendar months after any lxrson shall have depo~itccl with the said Clerk plans of any building which it inay be intcndecl to erect, and in respect of which it 1my &,c intended to apply for a publican's or
winr licence: Provifled that notice of the cleposit of such plans
shnll bc giver1 by t!le said CXcrli by t'twe advertis~mmts (at Icast) in the Govemntcnt 'j!c(zette forthwith, after the deposit of such plans with him.

Bhort title of A C ~. 7. This Act may be cited as Thc Licensed Victuallers Aniend

ment Act, 1875.''

In the name and on behalf of FIcr Majesty, I hercby

assent to this Bill.

A.. MUSGRAVE, Governor.

SCHEDULE

39" & 40" VICTORIB, No. 52.

The Licensed Victuders Amendment Act.-1 876.

SCHEDULE.

To the Licensing Bench for the District of , in the Province of

South Australia.

We, the undersigned ratepayers in respect of property in the immediate

ncighborhood of the house (or houses) for which a licence (0,. licences) is (or are) applied for by [here give name of' u;lldicccat or n?>plrcnut~], do her b p request that no

c e r t i f i ~ ~ ~ t e shall be granted to enable n publican's licence ( o r wine licence) to br: issued

in rcspcct t o house (or houses) [here descr~bc it or l h e r r ~ ] within thc boundaries of our

neighborhood rhere dejirre the bountla,rics j l. c~nz earh cnrrl7nrrZ poi~z t ].

Date of Pldce of Residence-Sfreot, Acre,

Name. Signature. Section, or otlwr particulars.

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