Licensing Act 1896 (SA)
ANNO QUINQUAGESIMO NON0 ET SEXAGESIMO VICTORIa REGINB.
No. 666.
An Act to amend "The Licensed Victuallers Act, 1880," and '' The Licensed Victuallers Amendment Act,1891."
[Assented to, December rpth, r896.J E it Enacted by the Governor of the Province of South
Aus-
and House of Assembly of the said province, in this present Parlia- | B tralia, with the advice and consent of the Legislative Council |
PART | I. | I. |
PRELIMINARY.
PART |
1. This Act maybe cited as " The Licensed Victuallers Furthershort title.Amendment
Act, 1896."
2, ThisAct and "The Licensed Victuallers Act, 1880," here-Incorporation. inafter termed the principal Act, and " The Licensed Victuallers Amendment Act, 1891," hereinafter termed the amending Act,
shall be readas forming one Act.
111.--Loca1 | Option: |
IT.-Sunday | Closing: |
& | VICTORIA, No. |
The Licensed Victuallers Further Amendmerit Act.-1 896.
PART 11.
CLUBS.
thereof for money or other consideration shall be deemed a sale.
club in any clubhouse unless such club has been duly licensed | |
pursuant to this Act, and no liauor shall be sold or supplied in or |
from any clubhouse to any | whomsoever for use or consump- |
tion outside of such clubhouse, or to any person for consumption in such clubhouse, other than to a |
five persons in the case of a club established elsewhere, and with | |
respect to which clubs the following conditions exist- |
I. The club must be established upon premises of which such
association or company are the | must be entitled under its iules to derive any profit, benefit, |
or advantage from the sale of liquor in the club which is not ,shared equally by every member thereof: |
IT. It must be proved to the satisfaction of | the Licensing Bench |
at an annual or quarterly meeting that the club is such an association or company as in this section is defined, and that
the premises of the club are suitable for the purpose:
111. It must also be proved to the satisfaction of the LicensingBench that such club has a committee of management, and that some person has been appointed by them steward or manager of such club:
IV. The rules of the club must not be inconsistent with the provi-sions of this part ofithis Act, and a certified copy of such rules
shall be kept in the possession of the steward or manager
of
59' &60" VICTORIE, No.666.
inspector of public houses or police, who shdl have the right to ente; the premises of any club at any time when he considers inspection necessary. |
manager shall, twenty-eight days before the meeting at which he shall apply for a licence, post on the outer door of the premises in respect of which such licence shall be applied for a notice in the Form the Schedule hereto, and shall deliver to the clerk of the Bench for the licensing district in which the said club is situate a duplicate of such notice, accompanied by a certified copy and the names and addresses of the committee |
8, Q, Every applicant shall attend the Licensing Bench on the
Pemonalattendanoo
hearing of his application for | |
and, if required by the Licensing Bench, shall verify upon oath the averments contained in such application. |
the Licensing |
7 licence on proof. Bench of the matters mentioned in section hereof, the Bench may hereto, and forward the same to the Treasurer or some officer appointed by him.
grant to the applicant a licence for such club, and the clerk of the
to |
manager of the said club, which licence, until the receipt | |
notice of the change of such steward or manager by the club, shall be | |
12, An application for renewal of a licence shall be made by theManner of ap lication
steward or manager | ||
meeting of the Licensing Bench in every year delivering to the clerk of the Bench a notice in the Form | The Licensing Bench shall have power to refuse to renew the licence | of any club for any |
pursuant to the decision of any poll of electors whenever they deem |
fit, and no compensation shall be paid. | The applicant shall have the |
right of | appeal to the Supreme Court in the event of | any such refusal. |
notice may be given shall be one or more |
objection whatever shall be heard or entertained unless notice thereof
has been duly given in accordance with the principal Act-
That the applicant is of bad fame and character; that he is interested in keeping a brothel; that he isof drunken habits; that he has, within six months previo~xsly, been deprived of a licence under this or the principal Act; that the premises of the club are not suitable for thepurpose; that such club is not abond fide club within the meaning ofsection
4 59" &60" VICTORIK, No.666.
me Licensed Victuallers Further Arnertdment Act.-1 896.
section 7 hereof; that theconditionsof sections |
d u b the committee of | management shall, within fourteen days from |
person named therein as the steward or manager of such club. | The |
committee of management shall also, within fourteen days from the making of any amendment or alteration in the rules of such club, forward to the said clerk a certified copy of every such amendment or alteration. Every person who shall violate any of the provisions
of this section shall for every such offence forfeit and paya, penalty of not morc than Five Pounds.
police, the steward or manager, or other person conducting or managing a ciub, may bc called upon to show cause before any Special Magistrate or two Justices why the licence of the club should not be cancelled, and upon the hearing of the complaint, if i t be proved that the conditions of section 7 hereof have not continuously been fulfilled with respect to the club, and if the licence of the club shall also have three or more convictions for offences under this Act indorsed thereon, the said Special Magistrate or two Justices shall cancel the licence. | |
person conducting or managing a club, or any member of the com- | ||||
mittce of management of any club, for any offence undcr this part of | ||||
| ||||
indorsed thereon, or to produce such licence to the Special Magis- trate or two Justices, upon the hearing of any complaint undcr section 15 hereof, if so required by a notice in writing served on him, he shall for every such offence forfeit and pay a penalty of not more than Five Pounds. | ||||
ancl until the sum payable for a licence be paid to the Treasurer, and the licence be actually issued, the club shall be deemed unlicensed. | |
public houses |
bsrs |
demandof inspector registerof existing members of the club shall, for every such
of public houEe8 Or
ir
19. No person shall be liable to any penalty under this part of
this Act until after the twenty-fif th day of March, one thousand eight | |
hundred |
LOCAL OPTION.
20, No person shall be deprived of a publican's licence or be pro*Compenflation. hibited from selling liquor in consequence of the adoption of any resolution under this Act unless and until he shall have received, or shall have been tendered, the compensation (if any) to which he may be entitled.
to the taking of polls of ratepayers, are hcreby repealed, and sections |
22, 23, 24, 25, 26, 27, 28, 29, and 30 hereof arc snbstitutcd in lieuthereof.
22. The references to ratepayers in the principal Actand theRatepayers. amending Act shall be rcacl as referring to electors.
23, Each electoral district for the House of Assembly is herebyAmendmentof
constituted alocal option district*, and each electord district may, by | |
Proclamation, be divided into not more than three local option dist- ricts. |
24. A quorum of electors in any local option district may causePollmay bepetitioned
a local option petition to be presented to thc Governor. |
25. For the purposes of this Act-
" Electors " means the electors for the House of Assembly quali-
Quorum of electors.
ficd to vote within the local option district at an eIection |
for members of the Housc of Assembly:
A quorum of electors shall consist of five hundred electors, or
one-tenth of the total number of electors, whichever shall be the
smaller number,
the question of the adoption of any one of the following resolutions,
to have effect within the local option district, that is to say-
First-That | no new licences for the sale of intoxicating liquors |
shall be granted of a particular class to be mentioned in
the petition:
Second--That | new licences for the sale of intoxicating liquors of |
a particular class to be mentioned in the petition may be
granted: | Third |
The Licensed Victuallers firther Amendment Act.-1896.
Third-That | the number of licences of a particdar class to be |
mentioned in the petition shall be reduced from, the present number, *to
a certain number specified in' the petition, the reduction to be not more than a third of the number existing at the time of the receipt of the petitionby the Governor:
Fourth-That | the number of licences of a particular class to be mentioned in the petition shall not be reduced. |
by an Order in Council, direct the Returning Officer of the district
to cause a poll of the electors to be taken upon a day to be fixed in the said Order in Council, and may by Order in Council prohibit the granting of new licences in the local option district in which the poll is to be taken until such poll has been taken and the return hereinafter referred to made; and the Returning Officer for the province or electoral district, as the case may be, shall cause such poll to be taken, and shall, within three days after the poll
has been so taken, make a true return in thc form D in the Schedule hereto to the clerk of the Licensing Bench in the district in which the poll has been taken of the decision arrived at on the taking of such poll.
second, third, or fourth resolution, such resolution shall be adopted. | |
presented within three years from the time of the taking of a poll, whether operative or not. | |
resolution. |
be negatived, in any local option district, no licence for the sale of liquor shall thereafter be granted in such district except in respect of premises licensed at the time of such adoption. If the first resolution be negatived, or the second resolution be adopted, new
licences may be granted.
If the third resolution be adopted, or if the fourth resolution be negatived, in any local option district, the Licensing Bench
having jurisdiction in such local option district, shall, at its annual meeting next after the adoption of the resolution, determine which of the Licences
~80f~O11.
shall not berenewed, and at the annual meetiug of such Bench next
after
59" &60" VICTORIW, No. 666.
The Licensed Victuallers Further Amendment Act.-1896. after such last mentioned meeting the total number of licences shall be accordingly reduced to the number required and specified in the resolution. The owners and occupiers of the respective premises, publicans' licences for which are not to be renewed, shall be forthwith served with a notice in the form E in the Schedule hereto by the clerk of the Licensing Bench, and such owners and occupiers shall be entitled to any compensation provided in the amending Act. The Bench in determining which of such licences, or which of the licences in the class affected, shall not be renewed, shall consider the convenience of travellers, the site of the licensed premises, the convenience of the majority of the residents near such premises, the length of time during which such premises have been licensed, and the general character thereof, and the circumstances of
any transfer of licence during the preceding three years. If the third resolution be negatived, or if the fourth resolution be adopted, renewals of licences may be granted.
34. Every resolution adopted under this part of this Act shall |
continue in force until altered or rescinded by a subsequent resolu-
y m, tion of electors.
PART IT.
SUNDAY CLOSING.
of the amending Act, relating to Sunday closing, |
is hercby repealed, and sections
37, 38, and39 hereof are herebysubstituted in lieu thereof.
whatsoever on Sunday, except to a |
liquor on his journey or a
bonh fide lodger, shall be guilty of an offence, and shall, on conviction, fbr the first offence forfeit and pay a penalty of not more than Five Pounds, for a second offence not more
lutely forfeited; and every person, except a | than Ten Pounds, and for the third offence the licence shall be abso- | ||
lodger, who shall buy or obtain, or attempt to buy or obtain, liquor on Bunday shall for the first offence forfeit and pay a penalty of not more than Fivc Pounds, for | |||
| |||
the licensed premises, or lodged in the licensed premises on the Saturday night immediately preceding |
8
596' &60" VICTORfW, No.666.
38, The outer doors which face a street, and which axe im |
mediately connected with the bar, bar parlor or bar parlors, taproom |
or tsprooms, on any licensed premises, shall be closed on Sunday, and during the whole of such day every door by which admission can be
to the bar, taproom, & taprdoms, and all means of cornrnunica- tion therewith, shall be kept shut and locked; and if at any time during such day any such door be open or unlocked, or if auy means of internal communication be available for the passage of persons into such bar, taproom, or taprooms, or for the delivery of liquor therefrom, or if a light be therein, it shall be
primci facie evidence ofan unlawful sale of liquor in such licensed premises on such day, and
every person other than the licencee found upon any part of the licensed premises during such day shall, upon being requested to do so by any police officer, give his true name and address, and, upon refusing to do so, or giving a false name or false address, may be apprehended, without warrant, and such refusal, or giving of a false name or false address, shall be
prim& facie evidence of the unlawful buying or obtaining of or attempting to buy or obtain liquor by such person on Sunday.
PAR'I' v.
MISCELLANEOUS.
incorporated herewith, or |
or permit to be supplied any liquor to any child under the age of fifteen yearg, shall be liable to a penalty of not less than One Pound nor more than Five Pounds.
under the age of fifteen years to any licensed premises for the purpose of procuring intoxicating liquor shall be guilty of an offenco | against this Act, and shall be liable to a penalty of not less than | One Pound nor more than Five Pounds, |
O b e u t i O n
graph
( a ) in Part II., namely-" That the licensing of the premises is not required for the accommodation of the public," and as if the following new paragraph were inserted in Part111. thereof, namely-
the licensing of the premises is |
not required for the accommodation of the public.
From and after the entry of | and continuing or carrying on |
Special
VICTORIE, No. |
The Licemed Victuallers Further Amendment Act -1896.
Special Magistrate, as mentioned in the said section, until the grant p | ||
of the certificate by the Special Magistrate, as also mentioned in the said section, the person so entering and continuing or carrying on the business shall be liable to the same liabilities and penalties as if he held a licence under the said Act. |
knowingly " in the fifth line of section 74 of the |
principal Act, used in reference to the suffering by a licensed person |
of the assembling of prostitutes and others at his licensed premises,
l ~ $ o. " is hereby repealed.
44. No permit under section
61 of the principal Act shall here-Justices granting
after be granted |
ten miles of the licensed premises; but any such permit
may bepremises. granted by any Special Magistrate.
45. If any person who was entitled to apply for the renewal ofspecial permits to
any licence shall fail to make application to the Licensing Bench
p,mwa. having jurisdiction in the case for the renewal of such licence within the proper time, it shall be lawful for a Special Magistrate, if he is satisfied that such failure to make application arose through illness, accident, or misadventure, to grant to such person upon payment of a fee equal to one-fourth of the annual licence fee a special permit, which shall authorise the grantee to carry on the business of the premises in respect of which application for a renewal of the licence has not been made in proper time, until the next quarterly meeting
of the Licensing Bench having jurisdiction in the case; and such
person shall, during the period such permit remains in force, be deemed a licensed person, and shall be subject to the same liabilities and penalties as if he held a licence under the principal Act,
48. | Every person applying for a new storekeeper's colonial wine |
licence in respect of any premises shall post and keep posted a |
notice | the premises, or on a notice board on a |
erected, for not less than twenty-eight days before the meeting of | conspicuous part |
the Licensing Bench at which the application is to be made. |
47. In case any publican's licence shall hereafter be applied for |
in respect of | any premises situate at Renmark Irrigation Colony, the |
Licensing Bench having jurisdiction in the matter may, if a petition shall be presented to such bench, signed by not less than a majority of the householders resident within a mile of the site of the proposed licensed premises, praying that such publican's licence shall only be granted subject to the conditions herein contained, grant a publican's licence in respect of such premises under and subject
to the conditions following :-(l) The business shall be vested in a committee in trust for the
purposes set out in the petition and approved by thk
Treasurer:
59O &60" VICTORIE, No.666.
Thc Licensed Victuallks Further Amendment Act. -1896. (2) The business shall be managed by the committee of manage- ment, the first members of which shall be nominated by the householders in the petition aforesaid, and the mode of appointing members subsequently shall be set out in the petition.
The licence when granted shall not issue until the Treasurer has been satisfied that the proper arrangements have been made for carrying the above conditions into effect, and has approved of the purpose to which any profits are to be applied.
tion 150 of principal
ing after the word " wine " in the first line the words " or store- keeper's, or storekeeper's colonial wine, or billiard table." |
Section 64 of t,he principal Act is hereby repealed, and the If the nearest Special Magistrate to any goldfield, with the consent of the officer in charge of such goldfield, shall approve of any person holding a publican's licence selling liquor, or any person holding a wine licence selling mead, wine, cider, or perry, on such goldfield, in any erection or building to be approved by such Special Magistrate, the said Special Magistrate may grant one or more certificate or certificates in the form contained in Schedule T hereto, to sell liquor, or mead, wine, cider, or perry, as the case
may be, in a stated place on such goldfield for the residue of' the term of the licence, subject to a fee of Five Pounds for a publican's licence, and One Pound fora wine licence, to be paid into the hands of the officer appointed by the Governor to have charge of such goldfield, and to be by him paid into the Treasury of the province. Such certificates may be renewable from time to time for a further term of not exceeding six months by the Licensing Bench of Magistrates of the district in which the said goldfields are situate at their annual or quarterly meeting, so long as the person holding the same shall hold a licence under this Act, or any Act amend-
of the principal Act
following section inserted in lieu thereof, that is to say :- | ||
| ||
that an hotel has been licensed to meet the requirements of the lbcality. And any person holding such certificate for premises situate within the area of one mile from such proclaimed township or hotel as aforesaid after thirty days' notice by the clerk of the Bench of Magistrates for the district, shall cease to | ||
out the words '&one reputed quart bottle" in the tenth line and inserting |
l89 |
insertion of the words " or storekeeper's colonial wine " after the |
word " wine " in the first line of | theAmid section. |
52. Schedule C of Act191 of 1880 is hereby amended by insert-$c,"z;t;kct
ing in the sixth line between the words " of " and | spirits " the |
words " one kind of," and between " dozen " and '%bottles " in the
same lino by inserting | reputed quarts." |
53. Every licensed person charged with any offence under theLicemm to
principal Act, the amending Act, or this Act, shall produce his |
licence to the Special Magistrate or Justices hearing such charge,
licenceea. and if such licensed person shall be convicted* of thc offence charged
such Special ~ a ~ i s t r a t e or Justices shall indorse
a memorandgmof such conviction on such licence. Any licensed person who shall
neglect or refuse to produce his licence to such Special Magistrate
or Justices, as required by this Act, shall be liable to a penalty of
not more than Twenty Pounds.
In the name and on behalf of Her Majesty, 1 hereby assent to
this Bill.
T, F. BUXTON, Governor.
59' &60" VICTORIA, No.666.
THE SCHEDULE REFERRED TO.
The Ihenaed Victuallers Further Amendment Act,
1896." To the Licensing Bench for the Licensing District of
the province of South Australia.
I, A.B., of
[here state the residence and trade or calling], do hereby give noticethat it is my intention to apply at the next meeting of the Licensing Bench for the
Licensing District of | , | to be holden at |
, | in this behalf, for a licence for the |
the club], t o sell liquor to members of such club, in the house situate in
street, at | , which it is intended |
to keep as a club to be called the said club, and am duly authoricled to make this application, and that the accompanying prints
for papers writing) contain a true copy of the existing rulee, and of the names, descriptions, and addresses of the existing members of the committee of the said club.
Dated this | day of | . |
Form of Club Licence.
' b The Licensed Victuallers Further Amendment Act, 1896."
I, A.B., clerk to the Licensing Bench of the Licensing District of
in the province of South Australia, do hereby certify that on the | d a i |
of | , | , |
at their meeting held at | to the |
, | the steward |
club, and that the said the | is hereby licensed to sell liquor to members |
of such club in the house situate in street, at, in the | said province, but not elsewhere; and this licence shall commence upon the day of |
the issue thereof by the Treasurer, and continue in force until the twenty-fifth day of March in the year now next ensuing, provided it be not cancelled in the meantime. |
Given under my hand, at | , | this | day of | . |
Form of Application for Renewat of a Cluh Licence. The Licensed Victuallers Further Amendment Act,
1896,"
To the Licensing Bench for the Licensing District of | , | in |
the province of South Australia.
I, A. B, [here state the residence and trade or calling], do herebygive notice that it ie my intention to apply at the next meeting of the Licensing Bench for the the Licensing District of, to be holden at, in this behalf, fora renewal of the licence of the[here state the name of the club], to sell liquor in the house situate in street, at, inthe said province,
which
No.
666.
The Licensed Victuallers Further Amendment Act.-1896. which it is intended to keep as a club, to be called the said club, and am duly authorised to make this application, and that the accompanying paper writing contains the names, descriptions, and addresses of the existing member0 of the committee of the said club.
Dated this | day of | , | . |
To the Clerk of the Licensing Bench, Licensing District of
Pursuant to the provisions of "The Licensed Victuallers Further Amendment Act, 1896," I hereby certify that, on the | day of | , |
a poll of the electors of the Electoral District | , | con- |
stituting the Local Option nistrict of | , was taken in terms of |
Order in Council made the | dav of | . 18 | , and that |
the decision arrived at on the taking of such {oll was as follows :- | ' |
the |
1. That new licences for the sale
of intoxicating liquors shall
be refused ................
2. That new licences for the sale of intoxicating liquors may be granted.. ..............
3. That the number of licencesshall be permanently reduced
to | [ | 1 | S. .. .. .. .. .. .. .. |
4. That the number of licences
shall not be reduced., ......
Dated the | day of |
Returning Officer- |
Pursuant to the provisions of | The Licensed Victuallers Further Amendment |
Act, | day of | , |
, a poll of the electors of the Electoral District |
constituting the Local Option District of | , was taken in terms of |
Order in Council made the | day of | , 18 | , and that |
the decision arrived at on the taking of ~ u c h | poll was as follows:-" | That the | + |
number of licences shall be permanently reduced to | ." | And I further |
ive you notice that the licence issued in respect of the hotel or premises aituated
e |
Dated
Clerk of the Liccnaing Bench for the Licensing District'of
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