Licensing Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

VICTORI& REGINB.

A. D. 1877.

No. 68.

An Act to aamnd the Licensed Victuallers Amendment Act, 1872,"

and the " Licensed Victuallers Amendnaer~t Act, 1876."

[Assented to, 21st December, 1877.1

4REAS it is expedient to amend the " Licensed Victuallers Prramblr,

Ame;ndrnent Act, 1872," and the "Licensed Victuallers

W"" Amendment Act, 1876"-Be it therefore Enacted by the Governor

of the Province of South Australia, with the advice and consent

of the Legislative Council and the House of Assembly of the

said Province, in this present Parliament assembled, as follows:

1. This Act may bc cited for all purposes as the "Licensed Sharttitle,

we immediately connected with one of the taprooms of his licensed thorougHam to be house, olooed on Bunday.

Victuallers Amendment Act, 1877," and shall commence and take effect from and after the passing hereof.

Except so far as the same is inconsistent with or altered by this Act, the " Licensed Victuallers Act, 1869,'' the " Licensed victua,len ~ n o o ~ z e t i a n oi A C ~

2.

with the "Liosnred

Victuallers Amendment Act, 1872," and the " Licensed Victuallers iqsg," the "Licensed

Amendment Act, 1876," shell be incorporated and read herewith mentnct, l872;*	Vlctuallere Amend-
as forming One Act.	and the Licensed Victuallers Amend- ment Act, 1876."

3. Sections 18, 19, and 20, of the '' Licensed Victuallers Amend- Raped of sections 18, 19, and 20 of the

ment Act, 1872," are hereby repealed except so far as may be ,LLiCenBed Vietanera

necessary for supporting any conviction or other proceeding under Amendment bct,

the same, made or taken before the passing of this Act. 1872."

keep the outer doors which face a public thoroughfare and which with taproom and facing a publio 4. If any person holding a publican's or wine licence shall not Outer aoone~meetea

2 40" & 41' VICTORIB, No. 68.

The Licen,sed Victuallers Amendment Act.-1 87 7,

house, closed on Sundays, he shall for every such offence forfeit and pay a fine of not more than Five Pounds; and if m y such person shall on that day sell or supply to m y person not being a

boa& $de traveller calling for liquor or refreshment on his journey,

or a bond fidp lodger, liGng or staying in his licensed house during the day and night, in the tap or taproom or upon or from or out of

Liouor not to be sold	any part of his licensed premises, any liquor or refreshment whatso-
on ihat day.	ever, except between the hours of one and three in the afternoon, he shall, f i r m y such offence forfeit and pay for the first or second offence a fine of not less than Five Pounds nor more than Fifty Yout~ds, and for t,he third offence, in addition to a like penalty, shall be illcapable of holding s licence under the Lil:ensed Victuallers Act, 1869," or the Acts incorporated therewith: Provided that such person holding a publican's or wine licence shall i ~ o t be liable for the aforesaid penalties if it can be shown tc) the satisfaction of the Court, who &all hear the case, that the persou holding such licenke was imposed upon by the person who had been unlawfully admitted to such house as a bond fide travdler by false representa-
tions. 1
Who are 2jolzbSfde
travellers.	5. No person shall be decincd a ?, o d j?de travellcr within the meaning of the next preceding section, unless he s l d l reside at least five miles from the licensed prenlises where he shall be supplied with liquor or refreshment, and shall h a w travelled at least that distance on the dav when hc shall be so supplied. Every person vho, by falsely ;epresmting himself to be :t bond
Penalty for fdae	Jide traveller, or a lodger, buys or obtains, or attempts to buy or
representation.	obtain, at any licensed premises, liquor or refreshment on Sunday, or between the hours of eleven o'clock p.m. and five o'clock a.m. on week days, allall forfeit and pay for anv such offence a fine of not less than Five Pounds nor more tlmn f e n Pounds.
Houses may beclosed
on Sundays.	6. NO person holding a publican's or wine licence shall be corn- he shall cause to bc ljainted in legible lctters, on on over the front pelled to open his house during any hour on Sunclay: Provided that
door of his licensed house, the words " Closed on Sundays."
certifiecl list of rate-
payers equivalent to	7. Any person notifying his intention to oppose the granting of a publican's or v ine licence may apply to the Clerk of the City, Town, or District Council, and shall be furnished by the said Clerk with a certified list of the ratepayers residing within ihc radius prescribed for the operation of this Act on payment of Ten Shillings; and such certified list shall be prima cfbcic! evidence of the number and names of the ratepayers residing within such radius.
assessment book.
Notico in daiIy and
weekly papers of	8. Notice of the deposit with the Clerk of the Licensing Court of plans of the house for which a licence is sought, shall be given by the applicant by three advcrtiscrnants in each of two daily and, two weekly newspapers in the said Province.
deposit of plans.

nalty for removal

li quor, &C., on 9. Any person other than a person holding a publican's or wine

nday. licence

40' & 41" VICTORIB, No. 68.

The Licensed Victuallers Amendment A c t. 1 8 7 7.

licence or a person lcgally acting on his behalf, who shall sell or allow to be removed from his licensed premises any wines or spirituous liquors at any hour on Sunday, shall bc liable to a penalty of not less than Tcn Pounds nor morc than Fifty Pounds,

10. Notwithstanding anything in the second section of the '' Liceu- Distanc~ of 200 yards

sed Victuallers Amendment Act, 1876," contained, the words sed Victuallers in eection 2 of Licen-

defining the "ratepayers in the immediate neighborhood" to be Amendment Actl 1876, extended to 500

persons who reside in a City, Town, or Village, within a radius of ,,,d,.

two hundrcd yards from the front door of the house for which a licencc

is sought; it is now provided that where less than thirty ratepayers

are rcsicling within such radius the immediate neighborhood shall

include those ratepayers residing within five hundred yards frorn the

front door of the house for which a licence is sought.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

Adelaide: By authority, W. 0. Cox; Goorernment Printer, North-terrace.