Licensing Act 1891 (SA)

A NNO QUINQUAGESIMO QUARTO ET QU1NQU.A-

GESIMO QUINTO

A.D. 1891.

An Act to amend " The Licensed Victuallers A.ct, I 880,"

and for other purposes.

[Assented f o, Decerndev rpth, 1891.1

HEREAS it is expedient to amend " The Licensed Victuallers Preamble.

W Act, 1880"--'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 province, in this present Parliament assembled, as follows:

1, This Act inny be cited for all purposes as "The Licensed Preliminary,

PART	VI.	Miscellaneous, sections 3 1 to 40.
-4-540

Victuallers Amendment Act, 1891."

2, This Act and " The Licensed Victuallers Act, 1880," herein* ~ ~ c with ~ ~ ~ ~ ~ ~ t i ~ ~

a.fter termed " the principal Act," shall be read and construed p-cipd Act-

together as forming one Act.

3, This Act shall be divided into six parts, relating to the Divisionof di tin to

following subj ect-matters :- parts.

PBET I. Licences to Clubs &C., section 4:

PART	11. Licence Fees, sections S and 6:
PART	I IJ. Objections to Licences, sections 7 and 8 :
PART	rv. Limitation of Licences, sections 9 to 28:

PART V. Provisions as to Poll for Closiug Licensed Premises on

Sunday, sections 29 and 30:

54" & 55' VICTORIE, No. 540.

The Licensed Victuallers Amendment A c t. 1 8 9 1.

PAET I. PART 1.

- LICENCES TO CLUBS.

Clubs. 4, The provisions of the principal Act relating to the sale of

liquor shall not apply to the sale of liquor in the Parliamentary refreshment rooms, by the permissinn and under the control of the proper authority, or to liquors supplied to any member of the Volunteer or Military Force in any military canteen established under

a permit issued under the hand of the Chief Secretary (which permit

the Chief Secretary is hereby authorised to grant), or to the sale of liquors in any clubhouse: Yroyided that such liquors be sold only to members of such club, to be consumed on the premises, and provided such club is a borm f i e association or company of not less than fifty persons in the casc of a club established in the City of Adelaide, and not less than twenty-five persons in the case of a club established elsewhere, and with respect to which clubs the following conditions exist, that is to say-

'1) The club must be established upon premises of which such association or company are the bona Jide occupiers, and maintained from the joint funds of the club, and no person must be entitled under its rules to derive any profit, benefit, or advantage from the club, or for the sale of liquor, which is not shared equally by every member. thereof:

(2) I t must have been proved to the satisfaction of the Liceusing Bench, at an annual or quarterly meeting, that the club is such an association or company a's in this section is defined, and that the premises of the club are suitable for the purpose:

(3) I t must bc proved to the satisfaction of the Licensing Bench that such club has a committee of management, and that some person has been appointed by them steward or manager of such club:

(4) The rules of the club must have been approved by the Iicensing Bench, and a certified copy of such rules shall be liept in the possession of the manager of the club, to be produced by him when demanded by any inspector of public-houses, who shall haw the right to enter the premises of any club at any time when he considers inspection necessary.

Upon such proof being made, the club shall be registered by the clerk of the licensing district in which the said club is situate,' for which an annual registration fee of Ten Pounds shall be paid to the said clerk, who shall issue a certificate that the said club has been dnly licensed for the period therein mentioned; and such certificate shall also state the name of the then manager or steward of the said club, which certificate, until receipt of a notice of the change of such manager or steward by the club, as provided herein, shall be ? ) r i n d fcrcie evidence of such person being such manager or steward. Upon

any

5 4 O & 55' VICTORIW, NO. 540. 3

The Licensed Victuallers dmendmen t A c t. 1 8 9 1.

any change in thc steward or manager of any club the committee	PABT	I.
of management shall forthwith forward notice thereof to the clerk of 'the Licensing Bench of the district where the premises of such club are situate, which notice shall be primd facie evidence of the appointment of the person named therein as the steward or manager of such club. Upon the complaint of an inspector under this Act the manager, or steward, or other person conducting or managing a club may be called upon to show cause, before any Special Magistrate or two Justices, why the registration of the club should not be cancelled; and upon the hearing of the complaint, unless i t is proved to the said Special Magistrate, or two Justices, that the conditions of this section continue to be fulfilled with respect to the club, the registration shall be cancelled, and the exemption aforesaid shall no longer extend or apply to persons selling liquor in such club. Licences to such clubs shall be renewable annually on payment of the annual fee of Ten Pounds. The Licensing Bench shall have power to refuse to renew the licence to any club whenever they deem fit, and no compensation shall be paid.

PART 11. PART 11.

LICENCE FEES.

5, Section 9 of the principal Act is hereby repealed, and the said Act shall be read and construed as if the next followine section had been inserted therein in lieu of the section hereby repe&d. g

6, The annual fee to be paid for a publican's licence shall be as Annual fee for publi-

follows :-If thc house or premises described in the licence be cm's licence.

situate within the limits of a Municipal Corporation or District

Council for rating purposes at an annual value of not exceeding the Council, and the same be assessed by such Corporation or District

amount rnectioned in the first column of this section, the ai~nual fee

for such licence shall be the amount specified in the second column

opposite to the annual value mentioned in such first column.

First Column. Second Column.

Annual Value. Licence Fee.

g100 ............ $15

£200 ............ $20

£300 ............ A30

£400 ............ $35

Over $400 ............ $40

If the house or premises shall be situated outside the limits of a

Corporation or District Council, the annual fee for such licence shall be Fifteen Pounds.

P ART

54" & 55" VICTOKIW, No. 540

The Licensed Victuallers Amendwen t Act.-1 8 9 1.

PART 111.

OBJECTIONS TO LICENCES.

of principal Act.

7. Section 41 of the principal Act is hcrcby repealed, and the

said Act shall be read and construed as if the next following section

had been inserted therein, in lieu of the section hereby repealed.

O b W o n a t o licences	8. The objections, of	which notice may be given, shall be one or
and renewals.

more of the following, and no objection whatever shall be heard or entertained unless no& thereof %as been duly given by the person objecting :-

I.-Publ3icatts' ~ i c e n c e s.

( a ) As to all applications-Thzt the applicant is of bad fame and

character; that he is interested in keeping a brothel; that he is of drunken habits: that he has within six months previously been deprived of a licence under this Act; that there is within the same cnclosure as the premises mentioned in the application any store, shop, or dwelling- house having means of communication with the yard belonging to such premises, and not separated therefrom by any division, wall, or fence:

( b ) As to applications for pre~niscs not previously licensed-That

such premises are not required for the acconlmodation of the public; that such premises are in the immediate vicinity of a church or other place of public worship, hospital, or school, and would, if licensed, be the cause of inconvenience or annoy:mce to the persons using or fre- quenting such church, place of worship, hospital, or school, or that the quiet of the locality in which such premises are situated will be disturbed if a liccnce be granted for the sale of liquor in such premises; but such last-mentioned objection shall not be entertained unless a petition against

the granting of such licence for such premises shall be presented to the Bench, signed by at least two-fifths of the

ratepayers residing in the immediate neighborhood of such

premises; that if such premises be situated within ten miles of the City of Adelaide, the same has not, at least, two moderate sized sittinproorns and two sleeping-rooms, properly ventilated and furnished, constantly ready and fit for public accommodation, independent of the rooms occu- pied by the applicant and his family, and decent and separate places of convenience for both males and females, and urinals on or near the premises for the use of the customers thercof, so as to prevent nuisances and offences against decency:

(c) As to application for renewal of licences-That the rnanage-

ment of the licensed premises in such particulars as are specified in the notice has not been satisfactory; that any direction of the Bench as to additional accommodation has not been complied with:

(4 As

& 55' VICTORIA, NO. 540.

The Licensed Victuallers Amendment Act. -1891.

(d) As to licences for premises not previously licensed, and as to renewal of licences-. That if such premises be situated more than ten miles from the City of Adelaide, such premises have not at l ~ a s t one si tting-room and two sleeping-rooms properly ventilated and furnished, constantly ready and fit for the accommodation of travellers, and separated from the bar by a space of at least twelve feet, with a separate en- trance; that such premises have not decent and separate places of convenience for both males and females, and urinals on or near to the premises for the use of the cus- tomers thereof, so as to prevent nuisances and offences against decency; that there is not a stable on the premises capable of containing at lcast four horses, with a suficient quantity of hay and corn: Provided that want of stable accommodation shall not be an objection to premises within the limits of municipalities whose population numbers two thousand or over. P A ~ T 1 1 ~

11.- Wine Licences.

( a ) As to all applications-That the applicant is of bad fame

and character; that the applicant is interested in keeping a brothel; that he is of drunken habits; that he has been within six months previously deprived of a licence under this Act:

( b ) As to ncw applicants fur licences for premises previously

licensed, and as to renewals of licences-That any direc- tion of the Bench as to additional accommodation has not been complied with:

( c ) As to renewals of licences-'L'hat the management of the

licensed prcmises in such particulars us are specified in

the notice has not been satisfactory.

( d ) As to licences for premises not previously liccnscd, and as to new applicants for premises previous1 y licensetl-That the

applicant hae within six months previously been deprived

of a licence under this Act:

( e ) As to licences for premises not previously licensed-That such

premises are not required for the accommodation of the public; that such premises are in the immediate vicinity of a church, or other placc of worship, hospital, or school, and would, if licensed, be the cause of inconv~nience or annoyance to the persons using or frequenting such church, place of worship, hospital, or school; that the quiet of the locality in which such premises are situated will be dis- turbed if a licence be granted for the sale of mead, wine, cider, or perry in such premises (this objection shall not be entertained unless a petition against the granting of such licence for such premises shall be presented to the Board, signcd by at least two-fifths of the ratepayers residing in the immediate neighborhood of such prcmises).

54' & 55' VICTORIW, No. 540.

The Licensed Vic fuallers Amendment A c t. l b 9 l.

PABT 1x1. 111.-Gtmekeepers' Licences, Storekeepers' Colonial Wine Licences,

W-

and Billiard Licences.

( a ) As to licences for premises not previously licensed-That

the applicant is of bad f'ame and character, or is of drunken habits; or has, within six months previously, been deprived of a licence under this Act.

(6) As to new applicants for premises previously licensed-That

the applicant is of bad fame and character; or is of drunken habits; or has, within six months previously, been deprived of a licence under this Act:

(c) As to renewals of licences-That the applicant is of bad

fame and chaiacter; or is of drunken habits; or that the management of the licensed premises, in such particulars as are specified in the notice, has not been satisfactory.

PART IT. PART IV.

LIMITATION OF LICENCES.

Local Option D&- $. Each Municipal Corporation and each District Council now

tricte. or herea,fter created is hereby constituted a Local Option District.

Discretion as to 10. All licences now existing shall, after fifteen years from the

renewal of licences. passing hereof, not be renewed as a matter of course, but the same shall thereafter be renewed or not, at the discretion of the Licensing Bench; and any licence granted after the passing hereof for premises not previously licensed shall be for one year only, and shall be renewed or not, entirely at the discretion of the Licensing Bench, and no such renewal shall be held to be a matter of course.

Petition for deter- 11, At any time after the coming into operation of this Act, one-

mining by poll of

nt.payw

tenth of the number of the persons resident in the district, and whose

publicam' licences.

names are on the roll of ratepayers for such district, may petition the

Governor in Council to cause a poll to be taken to determine-

I. Whether any new publicans', wine, or storekeepers' colonial

wine licences in respect of premises not previously licensed

shall be granted in such Local Option District:

11. Whether the number of publicans', wine, or storekeepers'

colonial wine licences in such Local Option District shall be decreased to any number below the then existing number or not.

~ovemor in Council 12, The Governor shall, upon the receipt of any such petition or

&ot to

be taken. petitions, by an Order in Council direct the clerk of the Municipal Corporation or Ijistrict Council of such Local Option District to take a poll of the ratepayers upon a day to be fixed in the said Order in Council; and the clerk of the Municipal Corporation or District Council, as the case may be, shall take such poll and

shall

54" & 55' VICTORIE, No. 540. 7

Tlhe Licensed Victunllers Amendment A c t. 1 8 9 l,

P A W * ~

shall, within three days after the poll has been so taken, make a true return under his hand to the clerk of the Licensing Bench in whose district the poll. has been taken, of the result of the poll.: Provided that in any Local Option District where the number of publicans' licences excecrls five, it shall not bc compctcnt for thc ratepayers at any poll to determine that the publicans' licenccs in such dietrict shall be increased or decreased by more than one-third of the then existing number. And in any Local Option District where the number of publicans' licences does not exceed five, the number shall not be incremed or decreased at any poll by more than one.

13, A poll of the ratepayers shall be taken by ballot, in Regulstioneas to

accordance with regulations to be made by the Governor prescribing "Ode	of conducting.
the mode in which such poll shall be taken and the form in which the ballot papcrs shall be framed: Provided that at any poll under this part of this Act one-fourth of thc whole number of the ratepayers on the roll shall record their votes in order to constitute
a poll.

14, 1Sach ratepayer shall have only one vote under this Act in Ratepayera to have

each 1,ocal Option Ilistrict, and only those ratepayers shall be only orbe vote.

entitled to vote who reside in the district and whosc names shall

appear in the ratepayers' roll.

15, If the determination of the ratepayers of any Local Option Tmences in exom of

District at any poll takcn as xforcsnid in any gear be that the be existing number may

number of publicans' licmccs shall be reduced to any nunlber mination of rate-	below the existing number, then the Licensing Bench having payers.
jurisdiction in such Local Option District shall, in the month of March uext ensuing, determine, as hereinafter provided, which of such publicans' licences shall not be renewed, and at the next

-

annual sitting of such Beuch thc total number of such publicans' licrncrs shall be reduced by thc number rcquircd to carry out the determination arrived at; the owners a ~ d occupiers of the respective

premises, publicans' licences for which are not to be renewed, shall	be forthwith served with a notice to that effect by the clerk of the
Licensing Bench, and such owners and occupiers shall be entitled to compensation, to be determined as hereinafter provided; and where the occupier is not the owner of any such premises, the lease or agreement under which such occupier holds the same shall, if he shall so elect, be deemed to be annulled: Provided that no person shall bc deprived of a publican's licence in pursuance of any such determination unless and until he has reccivcd the compensation (if any) due to him in respect thereof under this Act, or the same has been tendered to him; and the Bench, in determining which of such licences shall not be renewed, shall consider the con- veniencc of travellers, the site, and convenience of the majority of residents near such licensed premises, the length of time for which such premises were licensed, and the general character thereof, and
.	tile circumstances of any transfer of licence during the preceding three years,

16. If

8 54" 61 55' VICTORIA$ No. 540.

-----

The Licensed Victuallers Amendment Act. -1 89 1.

PART iv. 16. If there be not a majority of the votes recorded in favor of

~f rerult of decreasing the number of publicans' liceilces to some particular number, which is less than the existing number, but a majority

a@n" number, deomme new licences in

may be granted.

record their votes in favor of an increase, new licences may be

granted at the discretion of the Licensing Bench.

~emrnimtion to oon-

tinue in force for 17. Every determination of thc ratepayers for decrease or increase

three years.	in the number of' publicans' licences shall continue in force for three
years, and thence until another determination has been made upon
another petition.

C o ~ e n s a t i o n f o b e	18. 'l'he	amount of compensation to be paid to the owner of
settled by arbitration.

any premises by reason oE the annual value of such premises being diminished owing to the publican's licence being taken away there- from in consequence of the determination of thc ratepayers of the Local Option District in which such premises are situate, and to the occupier by reason of his lease or agreement being annulled, and for the loss of his licence and business as a publican, shall be determined by arbitration only.

A pointment of 19, On the request of the Treasurer the owner and occupier

aJitrstor.	jointly shall, in writing, appoint one arbitrator, and the said Treasurer shall, in writing, appoint another arbitrator. If within fourteen days after making such request the owner and occupier jointly fail to appoint an arbitrator, then the single arbitrator appointed by the Trsa~nrer shaIl have all the powers of three arbitrators under this Act.
Appointment of	20, When two arbitrators shall have been appointed, they shall nominate and appoint by writing a third person to act with them as arbitrator (who shall be either a Stipendiary Magistrate or a Special Magistrate).
third arbitrator.

Award. 21. The three arbitrators shall sit together and hear evidence

upon oath, and call for the production of documents, and the ainoun t

of compensation shall be determined by the arbitrators or by a

majority of them on the basis hereinafter provided. Every deter-

mination under this section s h i i be final and conclusive.

Basis for calculation	22. The compensation to be paid under this Act on the refusal of the Bench to renew any licencc, in consequence of the result of the poll prescribed by this Act, shall be calculated on the following basis, and not otherwise, viz, :-The difference between the rental value of the premises as a licensed house and as an unlicensed house, from the time of the non-renewal of such licence until the period of fifteen years from the passing hereof. Should the holder 'of the freehold of the licensed yrerliises and the licencee be different persons, or should the lessee and the licencee be different persons, or should there be more than one lease subsisting of the said premiies, or should the premises be mortgaged, or should there
of cornpeneation.
be any lien thereon, the said cornpense.tion shall be divided between'

all

54O & 55" VICTORIW, No. 540.

The Licensed .Victuallers Amendment Act-189 1.

.all the persons interested in such proportions and manner as the said

arbitrators, or a majority of them, may determine.

23. No compensation shall be payable to any person by reason	CO compensation to
ay person in respect

-of the refusal of the Bench to renew any licence, in consequence of tf future licensed

bremiee~ when poll

the result of the poll prescribed by this Act, in cases where the	letermime the same
licence has been granted after the passing of this Act to premises	hall not be renewed.
.not previously licensed, or in respect of premises the licence for which has been allowed to lapse, and, after the coming into operation

. ~ f	this Act, has been renewed.
24,

The arbitrators shall award to all persons entitled to compen- -sation such amount for costs as they may deem proper.

25. The fees for all licences and permits granted under this and Fees for licences to be

the principal Act shall be paid into the Treasury. paid to Trewwy.

26, All amounts payable to any person for compensation under	Compensation to be
paid out of Treasury.

this Act shall be paid by the Treasurer of the said province; and, notwithstanding anything in this Act, no refusal of the renewal of any licence as a consequence of any poll shall take effect until the amount or amounts awarded by the arbitrators shall have been paid to the person or persons entitled thereto; and the total amount to be

paid in any year for compensation under this Act shall not exceed

the aggregate amount received into the Treasury in the preceding financial year for the granting of licences and permits under this and the principal Act.

27. The expenses of taking any poll under this Act shall be defrayed out of the funds of the Municipal Corporation or District	Expenses of poll,
how defrayed.
Council comprising the Local Option District where such poll shall be taken.

28. Notwithstanding anything contained in the principal Act, no h e n c e shall be removed to premises situate outside the Local Option	moved to premise8 Licence not to be re-
outside Local 0 ion
District in which the same was granted.	District in whic
same granted. F

PART V.

PROVISIONS AS TO POLL FOR CLOSING LICENSED

PREMISES ON SUNDAYS.

29, Sections 98, 99, 100, 101, 102, and 103 of the principal Repeal.

Act are hereby repealed.

30, It shall be unlawful for any licensed person to sell or Sunday closing.

supply any liquor whatsoever at any hour on a Sunday to a person not being a bond $de traveller calling for liquor on his journey, and who is within five miles from his usual place of abode, or not being a bond Ji&e lodger living or staying in the licensed premises; and

B-540. everv

54" & 55" VICTORIW, No. 540.

me Licensed Victuallers A mendmen t Act.-1 89 1.

..P- --

p * ~ % V+ every licensed person who shall sell or supply any liquor in violation of this section shall, for every such offence, forfeit and pay a penalty of not more than Twenty Pounds. Every person who, by falsely representing himself to be a bond$de traveller or a lodger, and who shall falsely pretend to be more than five miles distant from his usual place i f nbodc, shall buy or obtain, or attempt to buy or obtain, at any licensed premises liquor or refreshment on a Sunday shall forfeit and pay for every such offence a fine of not less than Five Pounds nor more than Ten Pounds: Provided that any s&h licensed person shall not be liable for the aforesaid penalties if i t can be shown, to the satisfaction of thc Court who shall hear the case, that the person holding such licence was imposed upon by the person who had been admitted to such house as a bond fide traveller by false representations.

PART VI. PART VI.

MISCELLANEOUS.

Definition of owner.	31, For the purposes of serving any notice under this and the principal Act, thc word '' owner " shall mean and incladc thc person for the time being receiving or entitled to receive the rents of any licensed premises, whether on his own 'account or as agent, trustee, or attorney for any other person.
Packet permits.	32, Any Special 8fagistr;tte or two Justices may give permission in writing to the master or commander of any steamer or other vessel (in respect of which a packet licence shall not hare been gmmted, or be then subsisting), on the occasion of any excursion crr trip by such steamer or vessel, to sell any liquor on wch steamer or
vessel for a period not exceeding one day, by a certificate in dupli-- cate. Xverv person obtaining such permission shall forward one of
such certifiktes in n prcpaid registcrcd letter, together with a fee of One Pound, to the Commissioner of Police, within twenty-four hours after obtaining same. And the person to whom such certifi- cete shall be granted may sell liquor on the said steamer or vessel during the period therein mentioned.
Spirituoue or fer-

mented liquom not 33. It shall not be lawful for any person to bring on board any

to be brought on

of Her Majesty's ships or vessels any spirituous or fermented liquor

board Xer Majesty's

ship without the

of any description, without the previous consent of the o$cer corn-

commrmder's consent.

mandine the shir, or vessel on board of which the same mav be

broughr; and it 'shall be lawful for any officer in Her ~ a j i s t ~ ' s

Service, or warrant or petty officer of the Navy, or non-commissioned

officer of Marincs, with or without seamen or persons under his

command, to search any boat or vessel hovering about or approaching,

or which may have hovered about or approached, any of Her

Majesty's ships or vessels, and if any spirituous or fermented liquor be found on board such boat or vessel to seize such spirituous or

fermented

54' & 55' VICTORIJE, No. 540.

The Licensed VictuaZlers Amendment A c t. 1 8 9 1.

PARX VL

fermented liquor, and the same shall be forfeited to Her Majesty; and if any person shall bring any spirituous or fermented liquor on board any of Her Majesty's ships or vessels without such previous consent as aforesaid, or shall approach or hover about any of Her Majesty's ships or vessels for the purpose of bringing any spirituous or fermented liquor on board the same, without such previous conscnt, or for the purpose of giving or selling, without such previous consent, spirituous or fermented liquor to men in Her Majesty's Service, every such person shall, upon a summary conviction thereof, forf'cit and pay any sum not exceeding Ten Pounds Penalty on offenders.

for every such act or offence; and it shall be lawful for any officer in Her Majesty's Service, or any such warrant or petty officer, or non-commissioned officer as aforesaid, or for any constable or pence officer, with or without any warrant or other process, to apprehend, or cause to be apprehended, any such offender or person so acting, and to bring him, or cause him to be brought, before a Special Magistrate or two Justices of the Peace, for the purpose of having the offender summarily convicted of the same.

34. In lieu of the fees payable for certificates under section 60 Alteration of fees.

of the principal Act the following fees shall be payable:--A fee of One Pound for the first day, and Ten Shillings for every subsequent day, for which a certificate is granted to any person holding a publican's licence; and a fee of Ten Shillings a day for each day for which a certificate is granted to any person holding a wine licence.

35. Section 96 of the principal Act is hereby repealed, and the Repeal of motion 96,

said Act shall be read and construed as if there were inserted therein principal

in lieu of the section so repealed the following section.

36, The bar and taproom or taprooms on the premises of every Bar to be ke t hut

lirensed person shall, during the hours in which the sale or disposal	during p m d i t c ~
of liquor to the public is prohibited, have every door, by which
admission be gained thereto, whether from outside or inside the	premises, shut; and if any such door be found open, except for the pur-
pose of supplying bond Lfiae travellers or lodgers, or if any person other than the licencee or his servant be found therein during any such hours as aforesaid, it shall be taken to be prima facie evidence of n sale of liquor curing such hours. The licensed person on whose premises any contravention of the provision of this section occurs shall be deemed to have committed an offence against this Act, and shall be liable to a penalty of not less than Five Pounds nor more than Twenty Pounds.

37, On the death of the holder of a storekeeper's licence, or of Provision for transfer

a storekeeper's colonial wine licence, the legal personal represen- 8br~eepers and and transmission of

tative or his nominee or assign, cr any member of the family of the storekeeperg co1onit~ wine licence in case

deceased, may enter upon the licensed premises of such holder and of death of holder.

may, subject to obtaining a certificate from a Special Magistrate as

is provided by the principal Act in case of the death of the holder

of a publican's or wine licence, continue and carry on the business

thereof until the meeting of the Bench held next after the ex-

piration

5 4 O & 55' VICTORIE, No. 540.

The Licensed VictualZws Amendnzent Act .1891.

PART piration of twenty-eight days from such entry, at which meeting an application shall be made by such person in possession for a transfer of the licence or for a licence, as the case may be.

Postponement of

sitting of Bench by 38, W here the day appointed for holding the annual or quarterly

Attomey-GenertiL	meeting of any Licensing Bench fa118 upon a public holiday, it shall be lawful for the Attorney-General, by notice in the Government Gazette, to alter the day for holding any such meeting to a day to be named in such notice.
Adjournment of

Bench when no 39. Whenever, by reason of the absence of any members of the

quorum. Licensing Bench, a quorum cannot be formed at any annual, quarterly, or other meeting of the Bench, as provided in the principal Act, the Justices present, or if no Justice present, then the clerk of the Licensing Bench, shall adjourn the meeting of the said Bench to such a day, within a period of fourteen days, as may be deemed convenient, and the said clerk shall enter in the minute-book of the Bench a memorandum of such adjournment and the cause thereof, and forward a copy of such memorandum forthwith to the Attorney- General.

Publican's md wine	40, NO	twiths tanding any thing contained in the principal Act or
licences not to be

this Act, no publican's licence or wine licence shall be granted to

~rantedfor premises

at Rerunark. any person in respect of premises situated in that portion of the Province of South Australia comprised and described in The Chaffey Brothers Irrigation 'Works Act, 1887," and in the schedule thereto, except with the consent of the Governor in Council,.

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

this Bill.

KINTORE, Governor.

-- _ l__d1 _l̂__"l______i___X_____-I

Adelaide : By authority, C. E. BRIBTOW, Government Printer, North-t~rrace.