Licensing Act Amendment Act 1914 (WA)

WESTERN AUSTRALIA.

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ANNO QUINTO

GEORGII QUINTI REGIS, XXII.

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No. 22 of 1914.

AN ACT to amend the Licensing Act, 1911.

[Assented to 22nd September, 1914.]

Legislative Assembly of Western Australia, in this present Parlia- j3E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and,

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

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

1914, and shall be read as one with the Licensing Act, 1911, here-

inafter referred to as the principal Act.

2.    (1.) The Governor may, from time to time, by Proclamation, Power to restrict or

proh ib it the sale

restrict or prohibit the sale, offer for sale, supply, or gift of liquor ,	of liq	uor.
either alone or mixed with water or other liquid, within any licensing district, or any defined portion of any licensing district.
(2.) Any person, whether licensed or unlicensed, who sells, or offers for sale, or supplies, or gives liquor, either alone or mixed with water or other liquid, to any other person contrary to any such Proclamation, shall be guilty of an offence :

Penalty: Two hundred pounds, or imprisonment for twelve

months.

3.    The Governor may, from time to time, by Proclamation, Power to vary the

limit and fix the hours during which licensed premises in any hoursbeforeorafter

licensing district or any portion thereof to be defined in the hsh iiecs obseedopp

may open.

Proclamation may be lawfully open for the sale of liquor; and

1914, No. 22.] Licensing Act— Amendment. [5 GEO. V.

while any such Proclamation is in operation section ninety-seven of the principal Act shall have effect in such licensing district or portion thereof, as the case may be, as if the hours so limited and fixed by the Proclamation were inserted in section ninety-seven of the principal Act in place of the hours therein stated.

Powers to enforce 4. All the powers conferred on police officers by the principal

Act. Act, in relation to the illicit sale of liquor either by licensed or un- licensed persons, may be exercised whenever there is reason to suspect or believe that an offence has been committed against this Act.

Power to search 5.

Any police officer may, without warrant, enter and search any unlicensed premises, or detain and search any vehicle, boat or vessel, in or upon which he may have reason to believe liquor to be, in any licensing district or defined portion of a licensing district in which the sale of liquor is prohibited; and may seize all liquor which he then and there finds, and any casks, bottles, or other things in which the liquor is contained, and may carry the same away and keep possession thereof so long as this Act continues in force, unless the same in the meantime are forfeited under the provisions of the principal Act.

for and seize liquor.

Any lessee or sub-lessee of licensed premises may require his lessor to abate a proportionate part of the rent reserved by the lease during the operation of any Proclamation under sections two or three of this Act, and, in default of an agreement between the parties, the matter shall be referred to the Chairman of the Licen- sing Court for the district in which the licensed premises are situated as sole Arbitrator under the Arbitration Act of 1895, and the Arbitrator may, in his discretion, award that the rent to be payable by the lessee or sub-lessee during such period shall be at such reduced rate as the Arbitrator shall, in the circumstances of the case, deem reasonable, and his award shall be binding upon the parties and final.

Power to reduce 6.

rent.

This Act shall continue in force until the thirty-first day of March, One thousand nine hundred and fifteen, and no longer.

Duration of Act. 7.

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