Licensing Act Amendment Act 1911 (WA)

WESTERN AUSTRALIA

ANNO SEGUNDO

GEORGII QUINTI REGIS,

II.

No. 46 of 1911.

AN ACT to amend the Licensing Act, 1911.

[Assented to 22nd December, 1911.]

Legislative Assembly of Western Australia, in this present Par-B E it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and

liament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Licensing Act Amendment Act, Short title.

1.911, and shall be read as one with the Licensing Act, 191.1, here-

inafter referred to as the principal Act.

2.    (1.) The licensing districts shall continue as constituted at Licensing districts.

the commencement of the principal Act until the thirty-first day of March, one thousand nine hundred and fourteen, and shall be deemed to have continued as so constituted nothwithstanding the Redistribution of Seats Act. 1911.

(2.) On the first day of April, one thousand nine hundred and fourteen, the then existing electoral districts shall, subject as hereinafter provided, become licensing districts for the pur- poses of this and the principal Act: Provided that if the Gover- nor shall, for the purposes aforesaid, on or before the said first day of April, by proclamation amalgamate two or more such electoral districts into one district, or divide any such electoral district into two or more districts, then any electoral district.

1911, No. 46.] Licensing Act—Amendment. [2 GEO. V.,

affected shall not become a licensing district, but every district formed by such amalgamation or division shall become a licensing district on the said first day of April: Provided also that every such licensing district as aforesaid shall bear such name as the Governor shall from time to time determine, and shall remain and continue to be a licensing district for the purposes aforesaid until Parliament otherwise provides.

Amendment of

section 44. 3.

Subsection (1) of Section forty-four of the principal Act is

hereby amended by substituting the word " two " for the word

" twenty-five " in paragraph (a).

Amendment of

section 52. 4.

Section fifty-two of the principal Act is amended by adding a subsection, as follows:

(2.) Notwithstanding anything in this Act contained to the contrary, if on an application for the renewal of a wayside-house license such renewal is refused on the ground that the house is situated in or within a distance of ten miles from a municipal district or townsite in which the population exceeds one hundred persons, the Court may, without requiring the applicant to make any further or other application, grant to the applicant a certificate for a publican's general license for the same house in lieu of a certificate for the renewal of the wayside-house license, and a publican's general license may be granted to the applicant accordingly.

Amendment of 5.

Section fifty-seven of the principal Act is amended by adding a subsection, as follows :-

section 57.

(6.) An order of removal of a license from licensed premises to other premises proposed to be erected, or in course of erection, or intended to be added to or altered to make such premises suitable to be licensed under this Act, may be made by the Licensing Court, in its discretion, on such conditions as to the Court may seem fit.

Provided that no such order of removal shall take effect until the Court certifies in writing that such conditions have been performed to its satisfaction.

Amendment of 6.

Section sixty-five of the principal Act is amended by inserting Provided that nothing in this section shall prevent the Licensing Court from granting or transferring a license to a married woman living apart from her husband by reason of his being an invalid suffering from an illness or disease which precludes him from living on the licensed premises.

section 65. the following proviso:

By Authority: FRED. Wm. SairsoN, Government Printer, Perth.