Licensing Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

No. 69,

An Act to amend an Act intituled the Licensed VictuaLbrs Act,

1869."

[Assented to, 2 1st December, 187'7.1

HEREAS it is expedient to amend the C L Ticensed Victuallers Preamble.

W Act. 1869 '?---BC 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 Province in this present Parliament assembled, as follows:

i. This Act may bc cited for a11 purposes as The Licensed short t i t le.

Victuallers Amcndmen t Act, 1 8 7 7 ," and shall commence and take

effect from and after the passing hereof.

or wine licence under this Act shall, twenty-eight days before the date of such meeting, post on the outer door of the premises pro- posed to be licensed, a written notice in the form contained in Schedule A trs the " Liccnsed Victuallcrs Act, 1869," 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, con- tained in Schedule A to the said '' Licensed Victuallers Act, l8 69 ," accompanied

2. Except so far as the same is inconsistent with or altered by Incorporation.

this Act, the " Licensed Victuallers Act, 1869," shall be incorporated

and read herewith as forming one Act.

3. Section 20 of the '' Licensed Victuallers Act, 1869," is hereby Repeal.

repealed.

4. Every person desirous of procuring a publican's, storekeeper's M a n n ~ r ~ ~ ~ p p ~ ~ ~ ~ ~ ~ ~ ' for new licences.

40° & 41' VICTORIX, No. 69. -

The Licensed Victuallers Amendment Act.-1877.

accompanied by a certificate of at least three known housekeepers residing in the district wherein the intended premises are situated, and in the form described in Schedule B to the said Licensed Victuallers Act, 1869"; and if thc application be for a publican's licence and

b a r a t e tap Or	the applicant shall be	desirous of	keeping a tap or taproom, or tap
zoom.

and taproom detached from his bond $de dwellinghouse, or in such house, but h a ~ i n g any other outer door thereto than the house itself has (which dcsirc shall be fully expressed in his notice), accompanied by another certificate from at least two known housekeepers residing in the said Province, in the form described in such Scheclule, with notica of thc name, r~sillence, trade or calling of the person therein mentioned, who may be proposed t o haw the personal management and superintendence of t l ~ c smnc tap or taproom, or tap and tap- room: Provided always, that every person apply ing for a licencc, except a storekeeper's licence, for prcniiscs which have not bccn licensed before, shall lmvc no powel. to withclram the said application until it has bcen heard, and sl~tll, twenty-cight dzys before the meeting irnrnrdiatcly previous to the meeting at wlricll such application is to be made, deposit with the Clerk to thc Licenskg Bench for thc district plans of thc buildings crccted, or to be crectcd, on such premises, which plan shall be open for inspection, and shall be produced by the Clerk of the Licensing Bench of the district to which thc appli- cation is to be made at m~ch first me:itioned ~nccting; and that at any sulssequent meeting of the Bcnch, thc Bencl-;, on application for n licence being maclc in the usual form, sh.tbli decide whcthcr a liccncc is to 11e granted or not to F U C ~ house when con~pietcd to thc si~tisfdction of thc Bench, accwding to tlic plans depositecl, and by a time to be fixed bp tlie Bcnch: And povidrd, also, that no person in a, sitnation iu&r Grv~rnmcnt, nor any constablr, shhrriff 'S ofiiceu, or other person employed to csecutc any lrqal process, nor any licensed auctioneer, shali hold a licence under this Act.

Witnesses may be

summoned.

5. Any applicant, or any i)crSOIl making any objection to any

application for any iiccncc, may ol)tnin, at the office of the Clerk of

thc Liccnsi~lg Bcnch Tor tllc district, summonses to wit~icsses, on

his charge, which shall be in the form following, or to the like

paymcnt for t,he same ", thc said Clerk of tlic smi of Sixpence for

effect:

South [Itoyal Arms. j Australia.

No. Fumrnons to Witncss.

Licensing Bench for

In the matter of tlie application of

of for a licence for

You are hereby required to attellcl at the Court-House,

on the dny of 187, at tlx hour of o'clock in tllc forcnoon, to give cvidence in the a71ovc npplirntion, and to continnc in attvndancc until the said application shall bc disposcd of, and thcw to llaw and prodrwc

niiil all 01 h l )oolis, p i q~~r s, writings, and

othcr docun~c i l l s relct.tiily to the. raid t~pplicatioil wllialr may be in

your

40° & 41' VICTORIB, No. 69.

The Licensed Victuallers Amendmet? t Act.-1 877.

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your custody, possession, or power. In default of your attendance

you will be liable to a penalty of Ten Pounds,

Dated this day of 187.

Clerk to the said Licensing Bench.

T o

6. Any witness duly summoned, and to whom payment or a ~; ~ ~; , " ~ ~ ~ ~ ' t

tender of payment of his expenses shall have been made, as follows: nppponog.

Zaborers, Fivc Shillings per diem; women, and children under fifteen years of age, Three Shillings; persons above laboring class, Seven Shillings; tmvclling expenses per mile, onc way, Sixpence; and who shall rcfixse or neglect, without sufficient cause, to appear; and also every person present in Court who shall be required to give evidencr, or who shall refuse to be sworn and give evidence, b shall forfeit nnil pay such fine, not exceeding Ten Pounds, as the Bench shall impose; and the wholc or any part of such fine shall, at thc: discretion of the Court, be applicable towards indemnifying the party injured by such refusal or neglect.

7. The papmcnt of any fine imposed by any Bench under the Penaltics how enforced.

authority of this or the Licensed Victuallers Act may be enforced upon the order of the Bench, signed by the C1i:iirman for the time being in like manner as an order of a Justice made undcr thc provisions of an Act intitulerl b'An Orclinance to facilitate the performance of the dutics of Justices of the Peace out of Sessions, with respect to summary convictions and orclers," being No. 6 of 1850; or, at h discretion of the Bench, by th.e committal of the offcnder to prison for a period not escceding tlues calendar months, unless payment thereof shall be sooner made.

8. I n all cases where any conviction shall be hail for any offence Form cf conviotion8

committed against this Act, the form of conviction may be in the

words folloGng, or to the like effect-

Be i t rcmernbcrecl that on this day of , in the

year oE our T,ord one thousand eight hundred and >

is convicted bcfore the Licensing Bench for

, under the " Licensed Victuallers Amendment

Act," boing No. of 187'7, of having [state the offence], and the

said Bench doth adjudge the said to forfeit and pay

for the same the sum of	, or to be committed to the
Adelaide Gaol for the space of

(S*>

Chairman to the said Licensing Behch.

9. If the holder of a publican's licence s h d bc desirous of leaving Absence of licen~ed

the Province for a time, and of appointing a person to act for him person.

during his abscnce, such holder may give notice of such his desire

to the Clerk of the Licensing Bench, stating thc timc hc xequircs to

b~ absent, and thc iluarc and description of thc person he wishes so

to

4 4O0 & 41° VICTORIB, No, 69,

me Licensed Victt~allers Amendment Act.-1 877.

to be appointed to act for him, and shall, on receiving notice from the said Clerk to attend before a Special Magistrate with the person he wishes to be appointed, and if such Special Magistrate shall in his discretion deem such person to be a proper person to act, and if such person shall not have bccn previously refused a licence by any Licensing Bench, such Special Magistrate may grant a certificate, permitting such person so to act for the holder during his abscnce, for such time, not exceeding twelve months, as such Special Magistrate may in his discretion allow: Provided always, that the person so permitted to act shall be liable to all penalties under the Licensed Victuallers Acts, as the holder of the said licence is liable for

Licensing Benches t o 10. The Licensing Benches for the respective districts shall, at

appoint Chairman. their annual meetings, elect a Chairman for each year.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

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