Licensing Act Amendment Act 1922 [No. 39 of 1922] (WA)
| 1922.] | Licensing. | [No. 39. |
LICENSING.
13° GEo. V., No. XXI.
No. 39 of 1922.
AN ACT to amend the Licensing Act, 1911.
[Assented to 22nd December, 1922.]
Council and Legislative Assembly of Western Australia, in13E it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative
this present Parliament assembled, and by the authority of
the same, as follows:—
| This Act may be cited as the Licensing Act Amendment Act, 1922, and shall be read as one with the Licensing Act, | Short title. |
| 1911, hereinafter referred to as the principal Act. |
1.
2. Section five of the principal Act is amended by omitting Amendment of
| the words "capable of producing intoxication," in the para- s_ee' 5' | S.A., N. 1322, |
graph for the interpretation of "Intoxicating liquor," and by see.
adding to the paragraph the words "but the terms do not in-
clude any liquor which does not contain more than two per
cent= of proof spirit."
| 3. toting the words "one-fifth" for the words "one-tenth." | Section six of the principal Act is amended by substi- Amendment of | sec.6.' |
| 4. Act, as follows :— | A subsection is added to section eight of the principal Amendment of | sec. S. |
(3.) The same persons may be appointed the members of two or more Licensing Courts.
| 5. omitting the words in the proviso "and may be appointed s"•16. deputy chairman of two or more courts," and inserting in place thereof "and it shall be no objection that he is chair- man or deputy chairman of any other court or courts"; and by adding a paragraph, as follows:— | Section sixteen of the principal Act is amended by Amendment of |
A deputy member of the Licensing Court shall, by
virtue of his office, be a justice of the peace for the State.
| No. 39.] | Licensing. | [1922. |
| Amendment of | 6. Section eighteen of the principal Act is amended by inserting at the commencement thereof the following words: —"Subject to the provisions of Section 20a." |
| Repeal of par. (b) | |
| of see. 19. | 7. Paragraph (b) of section nineteen of the principal Act is repealed. |
| Licensing Magis- |
section 18.
| trates. | 8. A section is inserted in the principal Act, as follows:- 20a. (1.) On and after a date to be fixed by proclama- tion the Licensing Courts shall be constituted as provided by this section, and all persons immediately before the day so fixed holding office as members of the Licensing Courts shall cease to hold office as such. |
| See Vie., No. 2865, | |
| sea 34 and 35. |
| Ibid., sec. 35. | (2.) The Governor may |
| (a) | appoint three persons to be licensing magis- |
trates;
| (b) | appoint one of such licensing magistrates to be |
chairman of Licensing Courts ;
| (c) | appoint any person to fill any vacancy however caused in the office of licensing magistrate or chairman of Licensing Courts; and |
| (d) | in case of the absence or temporary incapacity of such chairman or of any licensing magis- trate, appoint some person to act in his stead who, when so acting, may (as the ease may be) exercise all the powers of the chairman or licensing magistrate M. whose place he is ap- pointed. |
| Ibid., see. 36. | (3.) Licensing Courts shall be constituted by the licens- ing magistrates so appointed under this section, and |
| (a) | shall have jurisdiction, and may act in and for every licensing district throughout the State; and |
| (b) | shall have and may exercise all the powers, auth- orities, duties, and functions conferred or im- posed upon Licensing Courts and the chair- man and members thereof by this Act. |
| Ibid., see. 37. | (4.) Every person appointed as a licensing magis- |
trate
| (a) | shall, subject to this Act, hold office for a period of three years from the date of his appoint- ment; |
| (b) | shall he eligible for re-appointment; and |
| 1922.] | Licensing. | [No. 39. |
(c) shall be entitled to receive such salary or fees
and travelling expenses as may be determined
by the Governor.
(5.)
Two licensing magistrates shall form a quorum
for the constitution of the Court, provided that one of
such members is the chairman or deputy chairman.
(6.) Every application or matter may be determined by a majority of the members of the Court, but in case of disagreement where only two licensing magistrates are present the application or matter shall be adjourned.
| (7.) The licensing magistrates, with the approval of the Minister, may delegate to any licensing magistrate or | be delegated to |
| Certain duties may | |
| resident magls• | |
| Crates. | |
| resident magistrate any of their powers, authorities, duties, and functions relating to the renewal, transfer, and removal of licenses, and the granting of occasional and temporary licenses; and the powers, authorities, duties, and functions so delegated shall be exercised by any licensing magistrate or resident magistrate under such delegated authority accordingly. | |
| A Licensing Court shall be deemed to be duly consti- tuted by a licensing magistrate or resident magistrate when sitting in any district under such delegated auth- ority. |
Every licensing magistrate shall be, by virtue of his office, a justice of the peace for the State.
(8.)
| 9. inserting after the words "from time to time" the words sec' 21. "appoint a clerk to the licensing magistrates, and." | Section twenty-one of the principal Act is amended by Amendment of |
| 10. by inserting before the word December" the words "Novem- SOC. her or." | Section twenty-four of the principal Act is amended Amendment of |
| 11. as follows: | Section twenty-seven of the principal Act is amended Amendment of | see. 27. |
(1) By omitting the words "two-gallon licenses," in paragraph (j), and inserting in place thereof "brewers' licenses."
(2) By omitting "(h) railway restaurant car licenses." (3) By omitting the words "hotel license or," and the
word "respectively," in subsection four.
| No. 39.] | Licensing. | [1922. |
Amendment of
| Sale of Liquor and | 12. Section five of the Sale of Liquor and Tobacco Act, |
| Tobacco Act, 1916. | 1916, is amended by omitting the words "and newspapers," and inserting the word "and" before the word "tobacco," in subsections (1) and (2) thereof respectively, and by adding subsections, as follows |
| See Vie., No. 2683, |
No person holding an Australian wine license shall keep or bring or permit to be brought on his licensed premises any liquor other than Australian wine, the pro- duce of fruit grown in a State of the Commonwealth.
215. (2.)
Penalty: Ten pounds.
(3.)
An Australian wine license shall only be issued or
renewed in respect of premises of a standard to be pre-
scribed by the Licensing Court.
It shall be unlawful to have or use in any bar- room or saloon of premises for which an Australian wine license is held any partition of wood or other material so as to wholly or partially prevent or limit the uninter- rupted view of the whole of the place where the bar is situated, or so as to wholly or partially divide such place into two or more compartments.
(4.)
Penalty: Twenty-five pounds.
| Amendment of | 13. |
Section thirty-four of the principal Act is amended by adding to the first paragraph of the section the words "to boniz" fide travellers on the railway, but not to any other per- son."
sec. 34.
The section is further amended by omitting the words
"Provided that sections ninety-seven and ninety-eight of this
Act shall not apply to a railway refreshment room license."
| Repeal of see. 35. | 14. | Section thirty-five of the principal Act is repealed. |
| 15. | Section thirty-six of the principal Act is repealed, and | |
| Amendment of |
| see. 36. | a section is inserted in place thereof, as follows:- |
| Spirit Merchant's | 36. A spirit merchant's license shall, subject to this Act, authorise the licensee to sell and dispose of any liquor on the licensed premises in quantities of not less than two gallons not to be consumed on the premises in which the liquor is sold. |
| License. | |
| The minimum quantity shall consist wholly of spirits or of wine, or of beer, or of some other kind of liquor, and shall be delivered and taken away from the premises at one time and not. by instalments. |
| 1922.] 16. Section thirty-seven of the principal Act is repealed. | Licensing. | [No. 39. |
Repeal of 98C. 37
| 17. | A section is inserted in the principal Act, as follows :- | Brewer's License. |
37. A brewer's license shall authorise the licensee, being a person, or the representative of a person, carry- ing on the trade or business of a brewer, to sell and dis- pose of beer on the licensed premises in quantities of not less than two gallons, not to be consumed on the pre- mises, such beer being the produce of the brewery.
| 18. The following subsections are added to section fort y Amendment of | see. 40. |
of the principal Act:
(2.) A temporary license may authorise a licensee to exercise as aforesaid the privileges of his license within or beyond the limits of the district in winch his licensed premises are situated.
Subject to the proviso to subsection (1), a tem- porary license may be granted to any club, or other organising body of race-meetings, or agricultural shows, or other sports meeting if, in the opinion of the Licensing Court or the chairman or members thereof to whom the application is made, the granting of a license is desirable for the accommodation of the public,, and that the num- ber of persons likely to be in attendance is sufficient to justify the issue of a license.
(3.)
| 19. (1.) Section forty-four of the principal Act is amended strn | eevmeat |
by substituting for paragraph (b) of subsection (1.) the fol-
lowing paragraphs :—
| (b) | Being the occupier of a vineyard of not less than five acres of vines in full bearing, sells on such vineyard, in quantities of not less than one re- puted quart bottle at any one time, wine manu- factured by such person; or |
| (c) | Being the occupier of an orchard of not less than five acres, sells on such orchard, in quantities of not less than one reputed quart bottle at any one time, cider or perry manufactured by such per- son. |
And the proviso to subsection (1) is amended by omitting paragraph (ii), and inserting the following paragraphs :—
(ii) is neither sold nor delivered to any person to whom it is by this Act made unlawful to sell or supply liquor, and
| No. 39.] | Licensing. | [1922. |
(iii) is not sold or delivered during any day or time dur-
ing which the sale of liquor is prohibited.
(2.) Subsection (3) of section forty-four of the principal Act is repealed, and a subsection is inserted in place there- of, as follows:
(3.) The exercise by the Commissioner of Railways of the powers conferred by subsections (2) and (3) of sec- tion fifty-nine of the Government Railways Act, 1904, shall be subject to the sanction of the Licensing Court, and to such conditions as the Court may think fit to im- pose, and the Court may withdraw its sanction on proof to its satisfaction that the conditions have not been ob- served or performed; and, subject to the rights of lessees under current licenses, subsection (2) of section fifty- nine of the said Act is hereby repealed.
| Amendment of | 20. Section forty-five of the principal Act is repealed, and a section is inserted in place thereof, as follows:- |
| sec. 45. |
| New licenses. | 45. (1.) Subject to the provisions of Part VI. of this Act, every application for a license for premises not licensed at the commencement of this Act shall be granted or refused in the absolute discretion of the Court: |
| Number of Licenses. | But the number of licensed premises in a district shall not, except in pursuance of a special authority granted under the next following subsection, at any time exceed the number of licensed premises of the same description in the district on the 31st day of December, 1922: |
| See N.S.W., No. 42 | |
| of 1919, see. 5. | |
| Provided that a brewer's license or spirit merchant's license may be granted to the holder of a two-gallon license or gallon license in lieu of such license; and a railway refreshment room license may be granted under this Act, in lieu of a license under subsection (2) of sec- tion fifty-nine of the Government Railways Act, 1904: | |
| Provided also that premises for which a provisional certificate has been granted prior to the 31st day of December, 1922, shall be deemed to be licensed premises: Provided also that the words ''licensed premises," in this subsection, shall not include premises for which a billiard table license is granted, if such premises are not | |
| licensed for the sale of liquor": | |
| Provided also that a brewer's license or a spirit mer- chant's license may be granted for premises not licensed prior to the 31st day of December, 1922, to authorise the sale of beer or liquor, as the case may be. |
| 1922.] | Licensing. | [No. 39. |
| (2.) Where a petition is presented to the Governor Increases | el: number |
| asking that the Licensing Court may have authority to at | Ire. 42 |
| grant a new license within any district, and such petition is signed by a majority in number of the electors living in an area therein defined, and it is shown by such peti- tion that |
(a) there has been an increase of population in such area, and that such increase is likely to be per- manent;
(h) there are insufficient licensed premises to meet public requirements or no licensed premises within such area,
the Governor may refer such petition for inquiry by the Licenses Reduction Board during the operation of Part
V. of this Act, and thereafter by the Licensing Court. (3.) The area defined in a petition
|
In either case the petition shall, within seven days
after its presentation, be published by the petitioners in
the Gazette and a newspaper circulating in the district.
(4.) If, on such inquiry to be held fourteen days from the publication of the petition and after hearing evi- dence, the Board or the Court, as the case may be, is of opinion that the petition should be granted, it shall make a recommendation to that effect to the Governor.
(5.) On the receipt of such recommendation, the Gov-
ernor may grant the petition, and shall so declare in the
Gazette; and thereupon a license or provisional certifi-
cate may be granted by the Licensing Court notwith- standing that by such grant the number of licenses in the district will exceed the number therein on the 31st day of December, 1922.
| No. 39.] | Licensing. | [1922. |
(6.)
The Licensing Court shall prescribe the necessary accommodation to be provided in the premises to be licensed, and shall call for tenders for a premium for the license or provisional certificate to be payable to the Con- solidated Revenue Fund.
(7.) If, as a result of a petition and inquiry a new license is considered necessary in any district where a de- licensed house exists, the Court may, without calling for tenders, fix a premium to be paid by the owner of such premises for the granting of such license; and the licens- ing magistrates may fix a premium for the conversion of a hotel or wayside-house license into a publican's general license.
| Repeal of see. 47. | 21. | Section forty-seven of the principal Act is repealed. |
| see. 98. | ||
| Amendment of | 22. |
A subsection is added to section forty-eight of the principal Act, as follows:
See Vic., No. 2683,
| see. 92. | (3.) Every applicant for a license or the transfer of a license shall with his application deliver to the clerk of the Licensing Court testimonials, and the Court may call and receive evidence as to the character and suitability for the particular premises of the applicant, as a licensee or the proposed transferee, as the case may be, and it shall be the duty of an inspector of licensed premises to make a searching investigation as to such applicant's or proposed transferee's character and suitability, and as to the genuineness and value of such testimonials, and to re- port in writing thereon to the Court, and the Court in dealing with every such application shall take into con- sideration such testimonals and, report and evidence. The written report above-mentioned shall be open to in- spection by the applicant not less than forty-eight hours prior to the hearing of the application. |
The Court may in its absolute discretion refuse an ap- plication for a transfer of a license.
| Amendment of | 23. |
Section forty-nine of the principal Act is amended by inserting in subsection (3) thereof after the words "licensed house" the words "is not provided with or," and a section is inserted in the principal Act, as follows:-
sec. 99.
Accommodation
| required for licensed | 49A. (1.) No new publican's general license or hotel |
| premises. | license shall be granted for any premises within the City |
| See Vie., No. 2683, | |
| sec. 29. | of Perth or Town of Fremantle |
(a) unless such house contains not less than twelve
bed-rooms and two sitting-rooms, besides the
| 1922.] | Licensing. | [No. 39. |
rooms occupied by the family and servants of the applicant, together with a suitable comple- ment of bedding and furniture ; nor
| (b) | unless every room so required for public accommo- dation is so constructed as freely to admit light and air, and contains at least one thousand two hundred cubic feet, except in the case of a bed- room intended for the accommodation of one per- son only, which shall contain at least eight hun- dred and fifty cubic feet; nor |
| (c) | unless such house is substantially constructed of durable materials and the rooms are furnished and divided by partitions of stone, brick, or plaster, or, in the case of rooms other than bed- rooms, wholly or partly of glass, wood, or other material of which the Licensing Court approves; nor |
| (d) | unless such house is provided with at least one bath and one closet for every ten lodgers the house can accommodate, placed in suitable places for males and females separately, and also urinal conveniences on the premises for the use of the public frequenting the house, and also where necessary in the opinion of the Licensing Court with stabling sufficient for the accommodation of not less than three horses. |
(2.) No new publican's general license or hotel license shall be granted for any premises elsewhere than in the City of Perth or Town of Fremantle
| (a) | unless such house contains not less than six bed- rooms and two sitting-rooms besides the rooms occupied by the family and servants of the ap- plicant, together with a suitable complement of bedding and furniture; nor |
| (b) | unless such house is provided with sufficient bath, closet, and urinal accommodation, and also where necessary in the opinion of the Licensing Court is provided with stabling sufficient for the accom- modation of not less than three horses. |
(3.) No publican's general license or hotel license, whether granted before or after the 7th day of April, 1911, shall be renewed after the 31st day of December, 1927, unless the requirements of subsection (1) or (2),
| No. 39.] as the case may be, of this section are complied with in the meantime. | Licensing. | [1922. |
(4.) The Licensing Court may insert conditions as to further accommodation in its certificate, and any such conditions shall be deemed to be conditions imposed and binding on the licensee; and may require
| (a) | the licensed premises to be fitted with an approved |
system of sewage treatment;
| (b) | all places used for the storage, preparation, serv- ing, and consumption of food to be fitted with fly-proof screens; and |
| (c) | each bedroom to be supplied and fitted with a IMP-, |
lock, or a lock of a similar type.
(5.) If any such licensed house is not provided with or shall cease to be provided with the accommodation re- quired by or under this section, or by the conditions in- serted in the certificate, the Licensing Court, upon proof thereof to its satisfaction, may suspend the license until such accommodation is provided.
Section fifty of the principal Act is amended by omit- ting the words "two members," and inserting the word "member" in place thereof ; and by inserting after the word "Court" the words "or by the clerk of the Court if the ap- plication is not opposed."
| Amendment of | 24. |
see. 50.
Amendment of
Section fifty-five of the principal Act is amended, as follows :—In subsection (4) the words "any owner may enter on the premises at any time thereafter and thereupon" are omitted, and the words "on entry on the premises being law- fully made by the owner thereof" are inserted in place there- of. The following words are added to subclause (6) :—"or in default of entry by a successor within the time therein limited." In subclause (7), after the words "subsection (4)," the following words are inserted:—"or in default of entry by a successor within the time therein limited."
| Section 55. | 25. |
A paragraph is added to subsection (4) of section fifty- seven of the principal Act, as follows:—
| Amendment of | 26. |
sec. 57.
The Licensing Court may require a premium (to be fixed by the Court) to be paid by the licensee as a condi- tion to the granting of an application for the removal of a license.
| 1922.] | Licensing. | [No. 39. |
27. (1.) Section fifty-eight of the principal Act is amended torrent of
by striking out the words "for any period not exceeding twelve months," and inserting in lien thereof the words "for such period as in the opinion of the Court is necessary for the repairing or rebuilding of the premises."
(2.) A paragraph is added to section fifty-eight, as fol-
lows :—
(2.) A sitting of the Licensing Court may be held to deal with applications under this section at such time as the chairman may appoint.
| 28. follows :— | Section fifty-nine of the principal Act is amended, as Amendment o | see. | 59. |
In subsection (1) the words "Subject to the provisions of section forty-five and of Part VI. of this Act" are sub- stituted for the words "Subject to the provisions of Part V. of this Act"; and in subsection (5) "Part VI." is sub- stituted for "Part V."
29. Section sixty-five of the principal Act is amended Amendment of
by inserting after the words "thirty years of age and" the see. 65.
words "unmarried or."
| 30. inserting in place of the words "for the license," in lines two "c. 67. | Section sixty-seven of the principal Act is amended by Amendment of |
and six respectively, the words "on the issue of the license."
| 31. pealed, and the nine following sections are inserted in the | Division (12) of Part IV. of the principal Act is re- Repeal of Division | ngu | ttorn | t IV | oi and |
| u |
| principal Act in place of sections seventy to seventy-four, | oth" PAT°"10°s. |
Division 12.—Fees.
| 32. | [70.] (1.) The fees hereinafter prescribed shall be Fees foe c | Licenses. |
payable in respect of licenses granted, renewed, transferred,
or removed under this Act.
(2.) Subject as hereinafter provided, the fees payable in respect of licenses authorising the sale of liquor shall be as- sessed at a percentage on the amount paid or payable for all liquor purchased for the licensed premises, or paid or pay- able by the licensee for liquor sold or supplied as hereinafter
| prescribed. |
| No. 39.] | Licensing. | [1922. |
| See No. 32 of 1911, | Provided that a minimum annual fee shall be payable OD |
| sec. 71. |
the issue of a publican's general license, as follows :—
(a) For any house or premises situated within a muni-
cipal district-
(i) if the annual value of the house or premises does not exceed five hundred pounds, Fifty pounds;
(ii) if the annual value of the house or premises exceeds five hundred pounds, Seventy-five pounds;
(iii) if the annual value of the house or premises exceeds one thousand pounds, One hun- dred pounds.
(b) For any house or premises not situated within a municipal district-
(i) if the annual value of the house or premises does not exceed two hundred pounds, Forty pounds;
| (ii) | if the annual value of the house or premises exceeds two hundred pounds, Fifty pounds: |
| See No. 32 of 1911, | Provided also that a minimum annual fee shall be pay- |
sec. 72 (1).
able on the issue of other licenses, as follows: For an hotel license—Twenty-five pounds. For a way-side house license—Fifteen pounds.
For an Australian wine and beer license—Ten pounds.
For an Australian wine license or an Australian wine
bottle license—Five pounds.
For a packet license—Ten pounds.
For a spirit merchant's license—Thirty pounds if the pre-
mises are within fifteen miles of the General Post
Office, Perth, or twenty pounds if elsewhere.
For a brewer's license—Thirty pounds if the premises are within fifteen miles of the General Post Office, Perth, or twenty pounds if elsewhere.
For a gallon license—Fifteen pounds.
See No. 32 of 1911, Provided also that the minimum annual fee for a railway
see. 72 (2). refreshment-room license shall not be less than Five pounds
and not more than Thirty pounds, and shall be fixed by the
Colonial Treasurer.
| 1922.] | Licensing. | [No. 39. |
| (3.) | If the term of any license mentioned in this section see | 3 | et | 32 of 1011, |
shall commence on or after the first day of April, three- fourths of the fee for an annual license shall be payable as the minimum fee to be paid on the issue thereof ; if on or after the first day of July, one half-of such fee; and if on or after the first day of October, one-fourth of such fee.
If a publican's general license, hotel license, Austra- lian wine and beer license, or wayside house license is granted to have effect only during a specified portion of the year, such part only of the minimum fee payable for such license on the issue thereof shall be payable as is proportionate to the period for which the license is to have effect.
(4.)
| (5.) | The fee payable on the issue of a temporary license See No. 32 of 1911, | ee | 72. |
shall be One pound for each day for which the license is
granted.
33. [71.] (1.) Save as otherwise expressly provided, every Assessment of fees
licensee (other than the holder of a spirit merchant's license rqu re puregsed.
| or a brewer's license) shall on the 31st day of December and See Vie., No. 2855, | ss. 4, /0. |
| the 30th day of June in each year, or within seven days there- of, furnish and deliver to the Receiver of Revenue a return in writing signed by the licensee or some person acting with his authority and on his behalf, setting forth with regard to the six months ended on 31st day of December and 30th day of June respectively |
| (a) | the quantity of liquor of various kinds purchased for the licensed premises by the licensee, or by any other person during such period of six months, but not including liquor so purchased but still in bond; |
| (b) | the amounts actually paid or the net amounts pay- able therefor respectively (less duties of customs or excise and cost of carriage from place to place within the State) whether purchased in Western Australia or elsewhere; and |
| (c) | the names and addresses of the persons who sold or supplied such various kinds of liquor, |
and together with each such return the person furnishing the same shall, on the delivery thereof, pay to the Receiver of Revenue as a moiety of the annual fee for a license a sum equal to five pounds per centum of the amount so paid or payable for such liquors so purchased, less one-half of the minimum annual fee payable on the issue of the license.
| No. 39.] | Licensing. | [1922. |
(2.)
Every licensee being the holder of a spirit merchant's license shall, on the 30th day of June and the 31st day of De- cember in each year or within seven days thereafter, furnish and deliver to the Receiver of Revenue a return in writing signed by the licensee or some other person acting with his authority and on his behalf, setting forth, with regard to the six months ended on the 30th day of June and the 31st day of December respectively, the quantity of liquor of various kinds sold or supplied by the licensee during such period of six months to persons other than persons licensed to sell liquor or registered clubs or State hotels; and together with each such return the licensee shall, on the delivery thereof, pay to the Receiver of Revenue as a moiety of the annual fee for the license (in addition to the minimum fee paid on the issue thereof) a sum equal to five pounds per centum of the amount received by the licensee for the liquor sold or supplied, ex- cluding the duties of customs or excise thereon, whether pur- chased in Western Australia or elsewhere.
(3.)
Every licensee being the holder of a brewer's license shall on the 30th day of June and the 31st day of December in each year, or within seven days thereafter, furnish and de- liver to the Receiver of Revenue a return in writing signed by the licensee or some person acting with his authority and on his behalf setting forth, with regard to the six months ended on the 30th day of June and the 31st day of December respec- tively, the quantity of beer sold or supplied by the licensee during such period of six months to persons other than per- sons licensed to sell liquor or registered clubs or State hotels, and together with each such return the licensee shall, on the delivery thereof, pay to the Receiver of Revenue, as a moiety of the annual fee for the license (in addition to the minimum fee paid on the issue thereof) a sum equal to five pounds per centum of the amount paid or payable to the licensee for the beer so sold or supplied, excluding the duties thereon.
For the purpose of this subsection, a two-gallon license held by the brewer for the year ending 31st December, 1922, shall be deemed a brewer's license.
(4.) Every holder of a temporary license shall, within fourteen days after the termination of the period of such license, deliver to the Receiver of Revenue a return in writing setting forth the amount paid or payable by him for liquor purchased (excluding the duties thereon) for sale or disposal under the license; and from the return so furnished the Receiver of Revenue shall assess the fee payable for the
| 1922.] | Licensing. | [No. 39. |
license at a sum equal to five pounds per centum of such amount less the fee paid on the issue of the license, and such fee so assessed shall be payable forthwith.
(5.) If any licensee fails or neglects to furnish and de- liver any return under this section, the Receiver of Revenue may, on such data as he thinks fit, assess the amount which would have been payable by the licensee by or on whose behalf the return should have been delivered, and the amount so assessed shall on demand be paid by such licensee to the Colonial Treasurer, and in addition such licensee shall be liable to a penalty of not more than fifty pounds.
If any false statement is made in any return under this section the Receiver of Revenue shall, on such data as he thinks fit, assess the amount which should have been paid by the licensee by or on whose behalf the return was made, and the amount so assessed less the amount (if any) previously paid by such licensee shall on demand be paid by such licensee to the Colonial Treasurer, and in addition the licensee by or on whose behalf the return is signed shall be liable to a pen- alty of not exceeding one hundred pounds.
(6.)
| (7.) | The Colonial Treasurer may, by order in writing, seem., No. 2855, |
require any brewer, spirit merchant, or other person carry- ing on business in Western Australia, to state, in such form as may be prescribed, the quantity and kind of all liquor sold to any licensed person or to any registered club named in such order during the period mentioned in such order, and the prices paid or payable for such liquor.
Every such brewer, spirit merchant, or other person. who within thirty days after service upon him of such order does not furnish such statement shall be liable to a penalty not ex- ceeding one hundred pounds.
| (8.) | For the purposes of this section, any transferor of a see N.B.W., No. 92 | of 1919, o. 35 (2) . |
license shall, on being required by the transferee by notice in writing so to do, furnish the transferee with a statement in writing signed by the transferor setting forth with respect to the whole or any portion of the said period of twelve months during which the transferor was the licensee of the premises the particulars required by this section.
Penalty: Fifty pounds.
The fee payable by a licensee under this section shall be a debt due to His Majesty, and may be sued for and re- covered, and the obligation to make the returns as aforesaid may be enforced, in any court of competent jurisdiction, by the Colonial Treasurer suing in his official name.
(9.)
| No. 39.] | Licensing. | [1922. |
(10.) The powers conferred by the Land and Income Tax Assessment Act, 1907, on the Commissioner of Taxation, or any officer acting with his authority, relating to the production and inspection of books and documents, and enabling the Com- missioner of Taxation to require information or evidence, shall for the purposes of this section apply and may be en- forced; and it shall be lawful for the Commissioner of Taxa- tion, and he is hereby authorised, to communicate to the Col- onial Treasurer for the purposes of this Act any matter which may come to his knowledge in the performance of his official duties, and any such information may be used as evidence in any legal proceedings under this Act.
(11.) No license shall be transferred or renewed unless the fees due under this section at the date of the hearing of the application for such transfer or renewal are paid.
(12.) In this section the term "licensee" includes any person who, during any portion of the period within which a return is required to be furnished under this section, was the licensee of the premises, and any transferee of the license, and the successor of the licensee within the meaning of the term in section fifty-five, and an owner entering under that section.
(13.) In the application of this section to licenses held for the year ending the 31st day of December, 1922 (to which licenses, subject as hereinafter provided, this section shall apply), the returns to be furnished on the 31st day of Decem- ber, 1922, or within seven days thereafter, shall not extend to liquor purchased or sold or supplied, as the case may be, prior to the 1st day of September, 1922; but in the case of returns under subsection (1) of this section the proportionate part of the minimum annual license fee for which credit is to be given shall be one-third thereof.
(14.) Notwithstanding anything in this section contained, but subject to the provisions of subsection (6), no liquor upon which the percentage fee has already been assessed or paid shall be liable to a second or subsequent assessment or payment under this section.
| Fee for eating | 34. [72.] (1.) The annual fee to be paid for an eating- |
| house license. |
| No. 32 of 1911, | house, boarding-house or lodging-house license shall be One |
| see. 72. | |
| pound. | |
| (2.) The fee for a temporary eating-house, boarding- house or lodging-house license shall be Ten shillings. |
| 1922.] | Licensing. | [No. 39. |
(3.) Section seventy-one of the principal Act shall not apply to any such license or temporary license.
| 35. [73.] The fee for an occasional license shall be One | Fee for occasional |
| license. |
pound.
| 36. [74.] The fee for a billiard-table license shall be Ten pounds. | table license. |
| Fee for billiard- | |
| Ibid., sec. 72. | |
| 37. [74a.] The fee for the indorsement of a transfer or removal of a license or of a confirmation shall be | Fee for Transfer or |
| Removal. | |
| No. 32 of 1911, eec. 72. |
| (a) | for a publican's general license, Five pounds; |
| (b) | for an eating, lodging, or boarding house license, Ten shillings. |
| (c) | for any other license, Two pounds. |
| 38. [74b.] The fee on au application for a provisional certificate shall be Five pounds. | Fee |
| ggtiffiocraj.rovisional | |
| Ibid., sec. 72. | |
| 39. [74c.] (1.) On the granting or renewal of any publi- can's general license | assessed. |
| Annual value to be | |
| No. 32 of 1911, see. 71 (2). |
| (a) | for any house or premises situated within a munici- pal district, the Licensing Court shall assess the annual value of the licensed house or premises as not exceeding five hundred pounds, or as exceeding five hundred pounds but not exceeding one thou- sand pounds, or as exceeding one thousand pounds ; and |
| (b) | for any house or premises not situated within a muni- cipal district, the Licensing Court shall assess the annual value of the licensed house or premises as not exceeding two hundred pounds or as exceeding two hundred pounds, |
and such value shall be stated in the certificate.
(2.) The annual value shall be assessed at the full annual rent at which the licensed house or premises might be expected to let, and in making such assessment the Licensing Court shall take into consideration, with the other evidence, the amount of every fine, premium, or other sum of money or val- uable consideration that may have been paid or given, or agreed to be paid or given, in addition to the rent reserved or agreed upon on any letting or renewal, assignment, or trans- fer of tenancy or occupation of the house or premises.
| No. 39.] | Licensing. | [1922. |
(3.) License fees payable under this Act shall not be deemed of the nature of rent, or be regarded as a factor in fixing the annual value of licensed premises.
| Increased license | 40. [74d.] (1.) If, under the proviso to subsection two of |
| from | section thirty-two [70] of this Act, any tenanfof premises for |
| No. 32 of 1911, | which a publican's general license is held is required to pay |
| sec. 73. | |
| on the issue of the license a larger minimum annual license fee than the annual license fee payable at the time when the lease of such premises was granted, the tenant shall, during the currency of such lease, be entitled to deduct from the rent payable under such lease the increase in the amount of the minimum annual license fee payable by him, and the amount so deducted shall be deemed to be a payment on account of the rent reserved by the lease. | |
| set.oli front rent. | |
| Conditions as to | (2.) Where, under the provisions of this section, a tenant is empowered to set off any part of the licensing fee against rent payable by him in respect of the premises, the following conditions shall apply :— |
| Ibid., sec. 74. |
(a) If the immediate landlord of such tenant-
(i) is a former tenant under an original lease who has sublet at the same rental as that reserved in the original lease, and has not received any greater sum by way of ingoing than that paid by him to the lessor named in the original lease; or
(ii) is a mortgagee in possession who has entered into possession of the premises under the powers of a mortgage registered against the original lease, and has sublet to such tenant at the same rental as that reserved in the original lease, and has not received by way of ingoing any greater sum than that paid to the lessor named in such original lease,
the deduction of the increased licensing fee shall be made from
the rental payable to the lessor named in the original lease.
(b) If the immediate landlord of such tenant-
(i) is a former tenant under an original lease who has sublet at a higher rental than that reserved in such original lease, or has received a greater sum by way of ingoing than that paid by him to the lessor named in the original lease; or
| (ii) | is a mortgagee in possession who has entered into possession of the premises under the powers of a mortgage registered against the original lease, and |
| 1922.] | Licensing. | [No. 39. |
has sublet to such tenant at a higher rental than that reserved in the original lease or has received a greater sum by way of ingoing than that paid by the original tenant to the lessor named in such original lease,
the increased licensing fee shall be payable by such immedi-
ate landlord.
(3.) This section shall not apply to license fees assessed
under section thirty-three [71] so far as such fees exceed the
minimum annual fees prescribed by section thirty-two [70].
| 41. lowing provisions,. contained in sections forty-two to fifty- (situ t'llgotn | Part V. of the principal Act is repealed, and the fol- Repeal of Part V., |
ioof cad
other provisions.
eight, inclusive, are inserted in place thereof.
PART V.—LICENSES REDUCTION.
Preliminary.
| 42. | [75.] In this Part— | Interpretation |
"The Board" means the Licenses Reduction Board con- stituted under this Act.
"Lease" includes a sublease.
"Lessee" includes a sublessee and the assignee of a lease.
"Licensed premises" means premises in respect of which
a publican's general license, hotel license, wayside- house license, Australian wine and beer license, Aus- tralian wine license, Australian wine bottle license, or gallon licenses is held.
"Lessor" includes a sublessor and the assignee of a lessor or the person entitled for the time being to the rent of the premises.
"Mortgagee" includes a mortgagee of the land upon which any licensed premises are erected, or of any estate or interest therein, and also the holder of any bill of sale or assignment by way of mortgage of the lease, license, or goodwill of the licensed pre- mises, or of the stock in trade or furniture or other chattels thereon or belonging thereto.
| No. 39.] "Owner" of licensed premises includes a cestui que trust | Licensing. | [1922. |
and means the person for the time being entitled to receive either on his own account, or as mortgagee or other encumbrancer in possession, any rent or profits of such premises, or who (not being a lessee in pos- session) would be entitled to the rent if the premises were let to a tenant; or if such person is absent from the State means the attorney or agent of such person capable of giving a valid receipt for such rent or pro- fits.
| Duration of this | 43. [76.] This part of this Act shall come into operation |
Part.
on the 1st day of January, 1923, and shall continue in opera-
tion for a period of six years, but no longer.
The Board.
Licenses Reduction
| Board. | 44. [77.] (1.) For the purposes of this Part of the Act |
| e. 271. |
| See Vic., No. 2683, | the licensing magistrates appointed under section twenty (a) | |
| 1019, s. 8. | ||
| N.S.W., No. 42 of | shall be constituted and known as "The Licenses Reduction Board." | |
|
| (3.) | The Board shall have jurisdiction throughout the |
State.
The Governor may appoint any person to be a de- puty member of the Board, and such deputy may in the case of the sickness, or absence of any member from any sitting of the Board, or from the State, exercise all the powers vested in and shall perform the duty of such member.
(4.)
| (5.) receive such fees and travelling expenses as may be pre- scribed. | Each member and deputy member of the Board may |
The Governor may at any time remove any member
of the Board, and may fill up any vacancy occurring in the
Board from any cause whatsoever.
(6.)
The Governor may appoint a Clerk to the Board and such other officers as may be deemed necessary.
(7.)
The fees and expenses of the Board, and the allow- ances to the clerk and any other officers, shall be a charge upon and payable out of the compensation fund hereinafter provided for.
(8.)
| 1922.] | Licensing. | [No. 39. |
Jurisdiction and procedure of the Board.
| 45. [78.] It shall be the duty of the Board— | Duties of board. |
| (a) | to reduce the number of licenses in the State to the 4lIe0Tid,148.'9, | iVo. | c. | /. 2082, |
extent that the moneys for the time being to the s. 27N
credit of the compensation fund will allow of com-
pensation being paid to the owners and licensees,
and the lessees and mortgagees (if any) of licensed
premises which under this Part are deprived of a
license and are the subject of compensation;
| (b) | to determine which of the licensed premises in any district shall be so deprived of a license; and |
| (c) | to assess the amount of compensation payable in re- spect of any licensed premises so deprived of a license: |
Provided that after 30th June, 1926, the Board, unless otherwise required by Parliament, may re- frain from any further reduction of licenses, if, in its opinion, having regard to the matters referred to in section forty-nine [82], such further reduction is unnecessary.
46. [79.] The Board shall as occasion requires hold sit- sittings of board.
tings for the purpose of determining which of the licensed premises situate in any licensing district shall be deprived of a license.
| 47. [80.] (1.) For the purposes of executing any of the powers, duties, and authorities conferred upon it, the Board | Powers and |
| authority of | |
| board. See N.S.W. No. | |
| may | 42 of 1919,s. 74. Vie. No. 2683, s. 327. |
| (a) | summon any person to appear and give evidence, and to produce books, papers, writings, or documents, and (in case of a licensee or his executor or admin- istrator) copies of his own income tax returns or those of the testator or intestate as the ease may be, and may hear, receive, and examine evidence upon oath; |
| (b) | require the production to the Board of any income tax returns in the custody of the Commissioner of Taxation made by or on behalf of any person who is or has at any time been the licensee of any licensed premises, which return the Commissioner of Taxation is hereby authorised and required to produce to the Board, anything in any other Act to the contrary notwithstanding; |
| No. 39.] | Licensing. | [1922. |
(c) search the public registers of the Office of Titles and
Registry of Deeds without payment of any fee.
The Board may, if it thinks fit, hear any proceeding under this Part in camera, and shall in any event treat as confidential the contents of any income tax return or copy thereof so produced.
(2.)
(3.) Any person who-
| (a) | wilfully misbehaves himself before the Board; or |
| (b) | wilfully interrupts the proceedings ; or |
| (c) | is guilty of wilful prevarication in giving evidence; |
or
| (d) | on being summoned by any member of the Board to appear before the Board as a witness, and without lawful excuse refuses or neglects to appear at the time and place appointed by the summons or to pro- duce any books, papers, writings, or documents, or to produce or transmit to the Board any income tax returns or copies thereof mentioned in the sum- mons; or |
| (e) | refuses to be sworn, or who refuses or neglects with- out lawful excuse to answer any question which is put to him and to which an answer is required by the Board, |
shall be liable to a penalty not exceeding twenty pounds.
| Owners and | 48. [81.] (1.) No licensed premises shall be deprived of |
| ECOLISOOS to be |
| summoned to | a license by the Board unless the licensee thereof and (if the |
| show cause, | |
| See N.S.W. No. 42 | licensee is not the owner) the owner thereof has been served |
| of 1918, F. 17, | |
| Vfe. No. 2683 | with a summons, at least twenty-one days before the date of |
| S. 277. | hearing therein fixed, to show cause why such licensed pre- mises should not be deprived of the license. |
| (2.) of the Fifteenth Schedule. | |
| Such summons may be in the form or to the effect (3.) A copy of the summons shall also be served upon any person who, on a search of the public register at the Office of Titles and Registry of Deeds, appears to have any interest in the licensed premises. |
It shall suffice if the summons or a copy thereof is served by any of the means prescribed for the service of docu- ments by section thirty-one of the Interpretation Act, 1918: Provided that if such summons is served by post the same shall be served by registered letter.
(4.)
| 1922.] | Licensing. | [No. 39. |
| 49. [82.] The Board, in determining which licenses shall | sidered by Board. |
| Matters to be con- |
cease to be in force, shall
(1) consider the convenience of the public and the re-
quirements of the several localities in the district;
(2) subject to the above consideration, have regard to
| (a) | the character of, and the accommodation afforded |
by, any licensed premises;
| (b) | the manner in which the business has been and is being conducted as a place of accommodation and refreshment for the public; and |
| (c) | the distance between such premises and the licensed |
premises nearest thereto;
(3) subject to the above considerations, have regard to convictions of offences referred to in section one hundred and thirty-nine within three years prior to the date of hearing, against any person who, at the date of the offence, was a licensee of the pre- mises: Provided that if the lessor has re-entered by reason of any such conviction this subsection shall not apply.
| 50. [83.] (1.) The Board, after hearing and considering such evidence as the Board may deem to be relevant, and | Board to decide |
| which premises | |
| of license,. | |
| are to be deprived | |
| after hearing what (if anything) is alleged by or on behalf of | N.S.W. No. 42 of 1919, a. 18, |
| the licensee, owner, lessee, and mortgagee respectively, and | Vic. No. 2683, s. 278 |
| what (if anything) is alleged by any member of the police force or inspector, and if it thinks fit, after a view of such or any, other licensed premises, shall decide whether the licensed premises shall be deprived of the license. |
The Board in any proceeding before it may hear any
matters, and the respective parties thereto, in such order and
by such method of procedure as to the Board seems fit.
(2.)
(3.) The licensee and the owner, and any lessee, or mortgagee of the licensed premises and the Commissioner of Police shall have the right to be represented before the Board by a legal practitioner or an authorised agent.
| 51. [84.] So soon as the Board has decided that any licensed premises shall be deprived of a license, the Board | deprivation. |
| Notice of | |
| See N.S.W. No. 42 of 1919, a. 19,. | |
| shall cause to be served upon the licensee and the owner of | Vie. No. 2883, s. 279. |
| the premises, and upon any lessee, mortgagee, or other person who, upon search at the Office of Titles or Registry of Deeds, shall appear to have any interest in the premises, a notice in writing informing them of the decision of the Board. |
| No. 39.] | Licensing. | [1922. |
Compensation.
| compensation.52. [85.] (1.) The Board shall as soon as practicable as- | Assessment of |
| N.8.W., No. 42 sess the maximum amount of compensation payable in respect | |
| vic Nig;:el:B. 281. of each and every licensed premises deprived of a license |
| (a) | to the owner of the freehold of such premises, and any lessee thereof by reason of the diminution in value of the premises owing to such premises being deprived of a license ; and |
| (b) | to the licensee of the premises for the loss of his |
license and business.
| Compensation to | (2.) The compensation shall, so far as regards such |
| owner. |
| See N.8.32., No. | owner, be based on the difference, if any, between the rent |
| 42, of 1919, s. 22 | |
| Vie, No. 2683, | which the owner will probably receive, or which if the pre- |
| s. 281. | |
| mises were let to a tenant he would probably obtain, for three years after the premises are deprived of a license, and the rent which during the same period he would have received, or if the premises were let to a tenant he would probably have obtained, if the premises had continued licensed. | |
| lessee, |
| Compensation to | (3.) |
The compensation shall, so far as regards a lessee, be based on the difference (if any) between the net rent of the premises which he will probably receive from a sublessee, or which if the premises were sublet lie would probably obtain from a sublessee, for three years (or the unexpired term of his lease if less than three years) after the premises are de- prived of a license, and the net rent which during the same period he would have received, or if the premises were sublet he would probably have obtained, if the premises had con- tinued licensed.
See ibid.
In this subsection "net rent" means the amount of the rent received by a lessee from a sublessee above the rent pay- able by the lessee to his lessor.
| Compensation to | (4.) | The compensation shall, as regards the licensee, be |
| Licensee. |
| See Vic., No. 2683, | based, for each year or part of a year of the unexpired term |
| see. 281. | |
| N.S.W., No. 42 of | of his tenancy (not exceeding two years) remaining at the |
| 1919, s. 22. | date when the license ceases to be in force, on the average annual net profit accrued to the licensee, or the licensee for the time being, of the premises during a period of three years next preceding the notice of deprivation. |
| If the licensee is also the owner of the premises, he shall be entitled to compensation as owner and also to compensa- tion as licensee as if he were a tenant, but in ascertaining such net profit a fair and proper sum shall be deducted therefrom as rent. |
| 1922.] 53. [86.] (1.) Every determination of the Board shall | Licensing. | [No. 39. |
Determination ofboard to be final.
| be final and conclusive, and shall not be questioned in or re- | N.S.W. No. 42 of 1919, s. 24-29. | |
| viewed or amended by any court whatsoever. | Vie. No. 2683, a. 282-284. | |
| (2.) any matter which has been heard and determined by it. | ||
| The Board may at any time, if it thinks fit, rehear (3.) No determination, order, or proceedings under any of the provisions of this Part shall be removed or removable | ||
| by certiorari or otherwise into the Supreme Court for any | ||
| want or alleged want of jurisdiction, or for any error or alleged error of form or substance, or on any ground what- soever. | ||
| 54. [87.] (1.) When any compensation is awarded by the Board to the owner or a lessee of the premises, six, weeks' | Notice of com- | |
| pensation payable. | ||
| See Vie. No. 2683, | ||
| s. 286. | ||
| notice of the amount of compensation shall before the same | N.S.W. No. 42 | |
| is payable be given by the Board by advertisement in the | of 1919, s. 29. | |
| Gazette and in a newspaper circulating in the district where | ||
| the premises are situated. | ||
| (2.) (a) Every mortgagee from such owner or lessee shall have a lien upon the amount payable as compensation | Mortgagee tohave lien on | |
| compensation, | ||
| to the mortgagor for the amount of the mortgage debt upon giving notice in writing to the Board within one month from the date of such advertisement or within such extended time as the Board shall allow, and thereupon the same shall, unless otherwise ordered by a judge of the Supreme Court on application as hereinafter mentioned, be a first charge on the compensation (if any) payable to the mortgagor, which shall not be paid to the mortgagor unless with the consent in writ- ing of the mortgagee. | ||
| (b) Upon receipt of such notice the Board shall forth- with send a copy thereof to such mortgagor, who, if he dis- | Dispute ebeetnen | |
| owneraigiecifitd | ||
| ||
| putes the title of the mortgagee or the amount of the mort- gage debt, may within fourteen days after the service of such notice as aforesaid, and upon notice to the mortgagee, apply by summons or otherwise in a summary way to a judge of the Supreme Court for a determination of such dispute, and the judge may make such order with respect to the com- pensation money and the costs of the proceedings as he thinks fit. |
| (3.) If no such application by the mortgagor is made, or Payment to | mortgagee. |
subject to any order that such judge may make, the payment or tender of such amount to the mortgagee shall be deemed to be payment or tender to the mortgagor.
| No. 39.] | Licensing. | [1922. |
Payment or
| tender of | 55. | [87a.] At any time after the amount of compen- |
| compensation. |
| Vic. No. 2683 | sation determined in accordance with the provisions of this |
| e. 287. | |
| N.S.W. No. 42 | Part is payable to the party entitled to the same, payment or |
| of 1919, s. 39. | tender thereof may (subject to the provisions of the last pre- ceding section) be made to such party personally, or if it is made to appear to the Board that such party cannot be found; then the Board may direct the compensation due to such party to be paid into the Treasury in trust for such party, or any person lawfully claiming under him. |
Deprivation of License.
| Date of closing. | 56. | [87b.] On payment or tender of such compensation |
| See Vie. No. 2683, |
| see. 287. | the Board shall cause notice of its decision that the licensed |
| N.S.W. No. 42 of | |
| 1919, see. 30. | premises shall be deprived of a license to be published in the |
| Gazette; and, at the expiration of the current period for which | |
| the license was granted, the license shall cease and become absolutely void, and shall not be renewed. |
| Provisions applle. | 57. | [87c.] Where under this Part of this Act the license |
| able as between |
| lessor and lessee. | of any premises ceases to be in force, the following provisions |
| See No. 32 of | |
| 1911, s. 83. | shall apply between a lessor and the lessee of the premises: |
| The lessee may within three months after the license ceases to be in force-- |
| determine the lease by a surrender to the lessor ; or give to the lessor written notice that he desires to have the rent of the premises fixed by arbitration. On such notice being given, the said rent shall be fixed by arbitration under the provisions of the Arbitration Act, 1895, and shall, from the date when the license ceases to be in force, and during the currency of the lease, be the rent payable there- | (b) |
(a)
under in respect of the premises:
Provided that this section shall not apply to premises not licensed at the commencement of the lease unless the rent was fixed in view of a prospective license.
Compensation fund.
| Compensation | 58. [87d.] (1.) To provide for the payment of the com- |
| fund to be |
| established. | pensation which may be granted by the Board, a trust fund, |
| See N.S.W., No. | |
| 42 of 1919, s. 32. | to be called the "Compensation Fund," shall be formed in the |
| Vic., No. 2683, | |
| s. 308. | Treasury. |
| 1922.] | Licensing. | [No. 39. |
During the operation of this Part of this Act every licensee (being the holder of a license to which this Part ap-
(2.)
| plies) shall under and subject to section seventy-one of this | See see. 33. | ||
| Act pay to the Receiver of Revenue, in addition to the fee payable on the returns to be furnished thereunder, a sum equal to two per centum of the amount paid or payable for the liquor purchased for the licensed premises (excluding the duties thereon), as a compensation fee to be placed to the credit of the compensation fund. | |||
| (3.) All the provisions of section seventy-one shall apply to the compensation fee payable under this section. | See sec. 33. | ||
| Provided that any licensee paying such compensation fee shall, if the Board so orders, be entitled to deduct from any |
| ||
| |||
| rent payable by him to his lessor in respect of the premises |
| ||
| such sum, not exceeding one-half of the compensation fee, | 9. 309. | ||
| as the Board may think fit, having regard to the claim (if any) of such lessor on the fund; and where a sum is so deducted from such rent the lessor may in like manner, if the Board so orders, deduct from any rent payable by him such sum as the Board may think fit, and so on until the lessor to whom the rent is payable is not himself a lessee of another person. |
If under Part VI. of this Act the proposal that pro- hibition shall come into -force is carried, any moneys remain- ing to the credit of the Compensation Fund when the pro- posal takes effect shall be distributed by the Board, in its dis- cretion, amongst those licensees who have contributed to the fund and who have not already received compensation under this Part.
(4.)
| 59. lowing provisions, contained in sections sixty to seventy-two, a 'low Part. inclusive, are inserted in place thereof. | Part VI. of the principal Act is repealed, and the fol- ReraliosftptartfoV | ill.i. |
PART VI.-PROHIBITION.
60. [87e.] In the year one thousand nine hundred and The Poll.
twenty-five, and in every fifth year thereafter, on a day to be fixed by proclamation, there shall be taken a poll of the elec- tors in every electoral district on the proposal that prohibi- tion shall come into force in Western Australia; and the voting paper shall be in the form in the Sixteenth Schedule: loth schedule.
Provided that where on the taking of a poll prohibition
has been previously carried and is in force, the proposal shall
| No. 39.] | Licensing. | [1922. |
be that licenses for the sale of intoxicating liquor shall be re- stored; and the voting paper shall be in the form in the
| 17th Schedule. | Seventeenth Schedule. |
| Voters. | 61. |
[87f.] The persons entitled to vote at such poll shall be those who, for the time being, are entitled to vote at an election of members of the Legislative Assembly, and no other.
62.
| Majority for | [87g.] The proposal shall be carried if three-fifths at least in number of the votes given throughout the State are in favour of the proposal: |
| carrying proposal, | |
| Provided that a proposal shall not be carried unless thirty per centum or more of the number of the Assembly electors throughout the State vote for the proposal. |
| Effect of | 63. |
[87h.] (1.) If the proposal that prohibition shall come into force is carried, it shall take full effect throughout the State at the expiration of the year in which the vote is taken.
prohibition.
(2.) When such proposal so takes effect, all licenses for the sale of intoxicating liquor shall cease to be in force within the State, and the registration under this Act of all clubs within the State shall be annulled; and thereupon, and until licenses are restored, the following provisions shall apply:
| (a) | It shall not be lawful to grant or renew any license of any description, or the certificate of the regis- tration of a club. |
| (b) | The provisions in this Act relating to the sale of liquor without a license shall apply generally to the sale, supply, barter, or other disposal of liquor, and, subject as hereinafter provided, the exemp- tions in section forty-four shall cease to have effect : |
Provided that nothing in this section shall be held to pro- hibit the sale, possession, or disposal, in accordance with regu- lations made by the Governor, of alcoholic liquor for use in the arts or manufactures, or medical, scientific, sacramental, or industrial purposes.
(3.) If any person sells or supplies liquor otherwise than as herein provided, he shall be liable to a penalty of not ex- ceeding One hundred pounds, or to imprisonment for not ex- ceeding six months.
| 1922.] 64. [87i.] If the proposal that licenses for the sale of in- Ca of restore- | Licensing. | [No. 39. |
toxicating liquor shall be restored is carried, licenses may be No. 32 of 1911,
granted, renewed, and transferred under and subject to this s'm
Act, at the expiration of the year in which the vote is taken.
| 65. [87j.] The following provisions shall apply to the tak- Provisions for | voting. |
ing of a vote under this Part:—
| (a) | The vote shall in each district be taken at the polling- places appointed by the Governor and notified in |
the Gazette.
| (b) | A returning officer appointed by the Governor shall conduct the taking of the vote in each district, and shall, with respect to such poll, have all the powers possessed by a returning officer under the law for the time being regulating the conduct of elections for the Legislative Assembly. | ||
| (c) |
| ||
| (d) | The provisions of any law for the time being regu- lating the conduct of elections for the Legislative Assembly shall, so far as they can be made appli- |
cable, inutatis inutandis, apply to the taking of a
vote under this Part.
| (e) | A voting paper shall be invalid if the voting paper is not endorsed with the initials of the officer pre- siding at the polling-both. |
66. [87k.] (1.) The result of the polling shall be aster- Scrutiny.
tabled by scrutiny.
| (2.) The returning officer for each district shall, after the Method of dealing | with voting papers. |
close of the voting in that district, examine the voting papers
for the district, and after rejecting all invalid voting papers
| (a) | count the number of votes given for prohibition, and against prohibition, or that licenses be restored or be not restored, as the case may be; and |
| (b) | seal up the voting papers in two parcels and the re- jected votes in a third parcel, and forward the parcels with a statement of the result of the count to the Chief Electoral Officer. |
| No. 39.] | Licensing. | [1922. |
(3.) The Chief Electoral Officer shall, at a time and place to be notified in the Gazette, deal with all the voting papers of all electoral districts throughout the State, and ascertain the results of the polling, and certify
| (a) | the number of electors on the rolls; |
| (b) | the number of votes given in each district and throughout the State for and against the proposal; and |
| (c) | that the proposal was or was not carried, as the case may be, |
and shall forward his certificate to the Governor, who shall cause the same to be published in the Gazette, and such publi- cation shall be conclusive evidence of the result of the polling.
| Scrutineers. | 67. [871.] The Licensed Victuallers' Association may ap- |
point two scrutineers, and the West Australian Alliance In- corporated and the Anti-Liquor League of Western Australia may each appoint one scrutineer to represent them
| (a) | at each polling place during the polling; and |
| (b) | at the scrutiny at the place where a scrutiny is con- |
ducted for each district; and
| (c) | at the scrutiny to be conducted by the Chief Electoral |
Officer.
| Provisions where | 68. [87m.] If in any district a vote of electors under this |
| vote is void. |
Part is for any reason void, the Governor may appoint an- other day and the places for taking the vote in such district, and may appoint officers and make necessary arrangements for the purpose of such vote being taken.
| Provisions applic- | 69. [87mm.] (1.) Where, in pursuance of a vote under this |
| able as between |
| lessor and lessee. | Part, the license of any premises demised as licensed premises |
| See No. 32 of | |
| /91/, a. 83. | by a lease granted prior to the 7th day of April, 1911, ceases to be in force, the lessee may within three months after the license ceases to be in force |
| determine the lease by a surrender to the lessor ; or give to the lessor written notice that he desires to have the rent of the premises fixed by arbitration. On such notice being given, the said rent shall be fixed by arbitration under the provisions of the Arbitration Act, 1895, and shall, from the date when the license ceases to be in force, and during the currency of the lease, be the rent payable | (b) |
(a)
thereunder in respect of the premises.
| 1922.] | Licensing. | [No. 39. |
(2.) In this section
"Lessee" includes a mesne lessee and an assignee of a lease and a sub-lease;
"Lessor" includes a mesne lessor and the person for
the time being entitled to the rent of the premises.
| 70. prohibition is carried, no compensation shall be payable to any person whomsoever. | [87n.] Where pursuant to a resolution under this Part No compensation. |
| 71. Act on the same day as that appointed for the election of vis | [87o.] No poll shall be taken under this Part of this Roll not to betaken | triya tor |
members of the Legislative Council or Legislative Assembly election'
or either House of the Commonwealth Parliament.
| 72. may think fit for the purpose of carrying out the provisions of this Part of this Act. | [87p.] The Governor may make such regulations as he Regulations. |
| 73. of the principal Act, namely :—"Penalty : Fifty pounds." | The following words are added to section ninety-three Amendment ot |
| ace. | 93. |
| 74. follows:— | Section ninety-four of the principal Act is amended as Amendment of | see. 94. |
| (a) | The words "Penalty: Fifty pounds" are substituted for "Penalty: Twenty pounds." |
| (b) | A proviso is added to the section as follows:—"Pro- vided that the burden of proof that there was rea- sonable cause for not complying with this section shall lie upon the licensee." |
| (c) | Subsections are added as follows :— |
(2) The Licensing Court may prescribe the hours during which meals shall be obtainable.
Where the Licensing Court is satisfied that any such licensee is not genuinely catering for the requirements of the public, the Court may pre- scribe tariffs for meals to be supplied to customers by the licensee, and it shall be the duty of the licensee to provide meals as prescribed, if so re- quired by a customer, at not exceeding the tariff so fixed. Penalty: Twenty pounds.
(3)
| No. 39.] | Licensing. | [1922- |
Amendment of
| eec. 97. | 75. Section ninety-seven of the principal Act is repealed |
and a section is inserted in place thereof as follows:-
Licensed premises
| not to be open | 97. (1.) No licensee shall in any part of the State ex- |
| before or after |
| certain hours. | cept the Goldfields district |
| See WA., len, |
| No. 32, sec. 97. | (a) | have or keep his licensed premises open for the sale |
of liquor ; or
| (b) | sell any liquor or permit or suffer any liquor to be drunk or consumed in or upon his licensed pre- mises, |
at any time before nine o'clock in the morning or after nine o'clock in the evening upon any day in the week, ex- cept under the authority of an occasional license.
Penalty: For a first offence, Fifty pounds ; for any sub- sequent offence, One hundred pounds.
(2.) No licensee shall in the Goldfields district
| (a) | have or keep his licensed premises open for the sale |
of liquor ; or
| (b) | sell any liquor or permit or suffer any liquor to be drunk or consumed in or upon his licensed pre- mises, |
at any time before nine o'clock in the morning or after eleven o'clock at night upon any day in the week, except under the authority of an occasional license.
Penalty: For a first offence, Fifty pounds ; for any sub- sequent offence, One hundred pounds:
Provided that the Governor may, on the recommenda- tion of the Licensing Court, by proclamation extend or reduce the hours in any licensing district or part of a dis- trict within the Goldfields district, and this subsection shall have effect as so modified, but any such proclama- tion may, on the recommendation of the Licensing Court, be varied or revoked by a subsequent proclamation.
(3.)
This section shall not prohibit the sale of liquor to any bond fide traveller or lodger, or the consumption of liquor by the licensee or any member of his family, or any servant of the licensee living on the premises if the liquor is not drunk at the public bar of the licensed pre- mises.
(4.) Any servant or agent of a licensee who sells or supplies liquor contrary to this section shall be guilty of an offence.
Penalty: Two pounds.
| 1922.] | Licensing. | [No. 39. |
(5.) In this section "Goldfields district" means the area comprised within the Boulder, Brown Hill-Ivanhoe, Coolgardie, Cue, Gascoyne, Haunans, Kalgoorlie, Kan- owna, Kimberley, Mount Leonora, Menzies, Mount Mag- net, Mount Margaret, Murchison, Pilbara, Roebourne, and Yilgarn electoral districts, as constituted at the com- mencement of this Act, and the town of Westonia, in the Avon electoral district.
76. Section ninety-eight of the principal Act is amended, Amendment of
as follows:
(a) By omitting subsection (2) thereof, and inserting a subsection, as follows
(2) But this section shall not prohibit the sale of liquor to any bond fide traveller, lodger, or weekly or other boarder, or the consumption of liquor by the licensee or any member of his family, or any servant of the licensee living on the pre- mises, if the liquor is not drunk at a public bar of the licensed premises.
(b) By adding subsections, as follows :—
Any servant or agent of a licensee who sells
or supplies liquor contrary to this section shall be
guilty of an offence.
(3)
Penalty: Two pounds.
(4) The word "boarder" in this section means
a person who habitually from day to day obtains his meals on the licensed premises, but only while he is obtaining such meals between the hours of twelve and two in the afternoon and six and eight in the evening.
| 77. A section is inserted in the principal Act, as follows:— Register of | lodgers. |
| 98a. (1.) The holder of every publican's general | Lead., No. 1822, |
license, hotel license, wayside-house license, and Austra- lian wine and beer license shall keep a book in the form prescribed to be called "the register of lodgers."
(2.) In the said book the licensee shall enter, or cause to be entered, the name and address of every bond Me lodger for the time being in such premises, showing op- posite the name of each lodger the distinguishing number or description of the room occupied by him, and the book shall be signed by the lodger.
| No. 391 | Licensing. | [1922. |
This section shall apply in respect of regular as well as casual lodgers.
(3.)
(4.) The register of lodgers shall be kept on the licensed premises, and shall be open to inspection at any time on demand by any member of the police force or inspector.
(5.)
The fact that any person is found on licensed pre- mises to which this section applies at any time during which the sale of liquor is prohibited by law shall, un- less his name appears in the register of lodgers kept on such premises, together with the distinguishing num- ber or description of the room occupied by him, be con- clusive evidence as against the licensee, and prima facie evidence as against such person, in any proceedings under this Act, that such person was not a bona fide lodger in such premises where he was found.
| (6.) | Any holder of a license to which this section ap- |
plies who-
| (a) | neglects or fails to keep a register of lodgers, as |
provided by this section; or
| (b) | neglects or fails to enter or cause to be entered in such register the particulars required by this section to be entered therein; or |
| (c) | makes or causes to be made in such register or re- tains in such register any false or misleading entry in respect of any of the particulars re- quired to be entered therein; or |
| (d) | refuses or neglects to produce such register for in- spection when required so to do under subsec- tion (4), |
shall be liable to a penalty for a first offence of not more than five pounds, and for every subsequent offence of not less than five pounds or more than fifty pounds.
For the purposes of this section lodger includes boarder.
| Amendment to | 78. Section ninety-nine of the principal Act is amended by |
| Section 90. |
omitting the words "eleven o'clock at night and six o'clock in the morning," and inserting "during the hours when the licensed premises may not be lawfully open for the sale of liquor" in place thereof.
| 1922.E | Licensing. | [No. 39. |
| 79. Section one hundred of the principal Act is repealed, Repeal/of Section | 100. |
and in lieu of such section the following is inserted :—
100. No person shall be deemed to be a bona fide tra- veller within the meaning of this Act
| (a) | if the place where he demands to be or is supplied with liquor is within an area bounded by a circle having a radius of twenty miles from the Town Hall in Perth; or |
| (b) | if the place where he demands to be or is supplied with liquor is elsewhere than within an area bounded by a circle having a radius of twenty miles from the Town Hall in Perth, unless such place is more than ten miles from the place where he lodged during the preceding night; such distance to be calculated by the shortest practicable route along or over any public high- way or thoroughfare or by or across any arm of the sea, inlet, river, or creek between the place of lodging and supply : |
Provided that notwithstanding this section, the sale or supply of liquor by the holder of a railway refreshment room license to travellers on a railway shall be lawful during the hours when licensed premises may be lawfully open to the public for the sale of liquor in the district in which the railway refreshment room is situated.
| 80. A section is inserted in the principal Act, as follows:— penalty for carrying | liquor during pro- |
102a. Any person other than a bona fide lodger who ratios,
carries away liquor in any vessel from any licensed pre- 5-100-
mises on any day or any time during which the sale of liquor is prohibited by law, commits an offence against this Act.
Penalty : Two pounds.
| 81. Section one hundred and three of the principal Act is Amendment of | section | ion. |
repealed, and a section is inserted in place thereof, as fol-
lows:—
103. (1.) Any person found drinking liquor, or ascer- tained to have been drinking liquor, on any licensed pre- mises, or found in the act of leaving any licensed pre- mises with liquor in his possession, at any time when such
| No. 39.] | Licensing. | [1922. |
premises should not have been open for the sale of liquor
commits an offence against this Act.
Penalty: For a first offence, Ten pounds; for any sub- sequent offence, Thirty pounds.
(2.) Any person found on licensed premises at any time when such premises should not be open for the sale of liquor shall, unless he satisfies the Court that his pre- sence on such premises at such time was not in contra- vention of the provisions of this Act, be deemed to have committed an offence against this Act.
Penalty: Two pounds.
(3.) Provided that this section shall not relate to a
bona fide traveller, lodger, or a weekly or other boarder
within the meaning of section one hundred or ninety- eight, or to the licensee or any member of his family, or any servant of the licensee living on the premises.
| the glass. | 82. | A section is inserted in the principal Act, as follows:— 104a. No licensee shall supply to any person by the |
Sale of liquor by
glass liquor to be consumed with water or aerated water on the premises of the licensee after the 1st day of July,
1923, unless such liquor is supplied in a glass capable of
holding at least one and a quarter gills.
Penalty: Five pounds.
| Penalty if liquor | 83. | A section is inserted in the principal Act, as follows:- |
| Is drunk on | ||
| premises contrary |
| to license. | 106a. (1.) If any purchaser of auy liquor from a per- on the premises, drinks such liquor on the premises where the same is sold, or in any street, road, or place adjoining or near such premises, the seller of such liquor shall, if it appears that such drinking was with his privity or con- sent, be liable for a first offence to a penalty of not less than two nor more than five pounds, and for a second and every subsequent offence to a penalty of not less than two nor more than ten pounds. |
| Pie., No. 2683, | son who is only licensed to sell the same not to be drunk |
| sec. 220. |
For the purposes of this section, the expression "premises where the same is sold" shall include any pre- mises adjoining or near the premises where the liquor is sold, if belonging to the seller of the liquor, or under his control, or used by his permission.
(2.)
In any proceeding tinder this section, it shall not be necessary to prove that the premises or place or places
(3.)
| 1922.] | Licensing. | [No. 39. |
to which such liquor is taken to be drunk belonged to or were hired, used, or occupied by the seller if proof is given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon (Da therein with intent to evade the condition of the license.
| 84. | A section is inserted in the principal Act, as follows :— Sal>Plying liquor | under a false |
| 106b. Any licensee who supplies or causes to be sup, descrip | description. |
plied any liquor and charges for it under a fictitious heading or description, or who has upon the licensed pre- mises any liquor under a fictitious heading, trade name, brand, or description commits an offence.
Penalty: For a first offence, Twenty pounds, for any subsequent offence, Fifty pounds and not less than Twenty pounds.
85. Section one hundred and eight of the principal Act is steliall.ent
amended by omitting the words "not being the holder of a publican's general license," and by adding to the section a paragraph, as follows:
Provided that this section shall not apply to the holder of a publican's general license if the billiard table or bag- atelle table is kept on the licensed premises.
| 86. of the principal Act, as follows:— | A subsection is added to section one hundred and ten Amendment of | Bee. /10. |
| (2.) Any person who at the time of being supplied with No. 42, sec. 69. | N.S.W., 1012, |
liquor or if supplied with meals or accommodation at licensed premises, on demand of payment by such licensee or by his servant or agent, refuses to pay a reasonable sum therefor commits an offence.
Penalty : Ten pounds.
| 87. is amended, as follows:— | Section one hundred and twelve of the principal Act eoerentor |
See Vie., No.2083,
| (a) | The words "on any licensed premises" are omitted. see. 176. |
(b) After word "intoxication," the words "or visibly affected by liquor, or who aids or abets any person in a state of intoxication or visibly affected by liquor in obtaining or consuming any liquor."
| (c) | A paragraph is added, as follows: |
If an offence against this section is committed
by a servant or agent of a licensee, on or in the
| No. 39.] | Licensing. | [1922. |
vicinity of the licensed premises, the licensee, and also such servant or agent, shall be liable to the penalty for such offence.
Amendment of
| see. 113. | 88. |
Section one hundred and thirteen of the principal Act
is amended by inserting after the word "licensee," in line
three, the words "and also such servant or agent."
| Amendment of | 89. |
Section one hundred and fifteen of the principal Act
is amended by inserting the words "dining-room" after the
word "bar."
see. 115.
| Only one bar room | 90. A section is inserted in the principal Act, as follows:- |
| except by per- | |
| mission of Court. |
| S.A., No. 1322, | 115a. (1.) No licensee shall sell or supply liquor in or shall have more than one bar-room in or upon such premises, unless he has obtained the permission of the Court so to do. |
| see. 134. | |
| I Vic., No. 2683, | more than one bar-room in or upon his licensed premises, |
| sec. 214. | |
| For the purposes of this section, a room divided into compartments by wooden partitions, if approved by the Court, shall be one room if there are doors in the parti- tion giving at all times direct access from one such com- partment to the other. | |
| (2) Every applicant for such permission shall, with the notice of his application, deposit with the clerk a plan showing the position of each proposed additional bar- room for which he has not at the time such permission. | |
| (3.) No such additional bar-rooiti shall be deemed to form auy part of the accommodation required by this Act to be provided in any licensed premises. | |
| (4) (a) Any licensee on whose licensed premises any liquor is sold or supplied in more than one bar-room, or on whose licensed premises there is more than one bar- room, except as permitted under the provisions of this Act, shall be liable to a penalty for a first offence of not less than five nor more than twenty pounds, and for every subsequent offence of not less than twenty pounds: | |
| (b) A separate offence shall be deemed to be commit- ted upon every day upon which, contrary to this section, liquor is sold or supplied, or a bar-room exists: |
| 1922.] | Licensing. | [No. 39. |
(c) A separate offence shall be deemed to be commit- ted in respect of every bar-room in which liquor is sold, or which exists contrary to the provisions of this sec- tion.
(5) Whenever a license is transferred the transfer shall be deemed also to apply to any permission under this section, for the time being in force, to use an addi- tional bar-room on the licensed premises.
| 91. is amended by substituting for the word "fourteen," in sub- sec. | Section one hundred and sixteen of the principal Act Amendment of | /16. |
section (4), the word "eighteen"; and by substituting the
word "or" for the word "and," in subsection (6).
| 92. Act is amended, as follows:— | Section one hundred and seventeen of the principal Amendment of | see. 117. |
| S.A., No. 1922, |
| (a) | In subsection (1) the words "or servant or agent of s•lipT(2 | 1: No, pg. |
a licensee" are inserted after the words "no see. 71.
licensee," and the word "eighteen" is omitted and
"twenty-one" inserted in place thereof ;
| (b) | In subsection (2) the words "or servant or agent of a licensee" are inserted after the word "licensee"; and the word "eighteen" is omitted and "twenty- one" inserted in place thereof; and | ||
| (c) |
|
(3) Any person who in any place not being licensed premises but on a highway or place ad- jacent to licensed premises supplies or causes or permits to be supplied any liquor to any person apparently under the age of twenty-one years com- mits an offence.
Penalty: Twenty pounds.
93. A section is inserted in the principal Act, as follows :— Persons under 21
not to be employed
117a. No licensee shall employ any person under the in ban'
age of twenty-one years as a barman or a barmaid, or suffer or permit any person under that age to be so em- ployed.
This section shall not apply to any person over the age of eighteen years who was bona fide employed as a bar- man or barmaid on the 24th August, 1922.
Penalty: Twenty pounds.
| No. 39.] | Licensing. | [1922. |
See 10 Edw. VU.
| and I. Geo. V., | But it shall not be unlawful for a licensed person to |
| 24. sec. 63. | employ a member of his family, or his servant, whose age exceeds sixteen years, as a messenger to deliver intoxi- cating liquor. |
| Penalty for obtain- |
| ing liquor by false | 94. | A section is inserted in the principal Act, as follows :- 117b. Any person who, by falsely representing himself to be over the age of twenty-one years, obtains or at- tempts to obtain liquor at any licensed premises commits an offence. |
| statement as to | ||
| age. |
Penalty: Five pounds.
| Amendment of | 95. |
Section one hundred and eighteen of the principal Act is amended by inserting after the words "any other person" the words "or solicit or receive from an aboriginal native an order for the supply or delivery of liquor."
see. 118.
Section one hundred and twenty-five of the principal Act is amended by omitting the words "lawful purpose" in subsection (4) and substituting the words "purpose not made unlawful by this Act or any other Act relating to the sale of liquor"; and by substituting for the words "Penalty: Five pounds," the words "Penalty: Ten pounds"; and by adding a subsection, as follows :—
| Amendment of | 96. |
see. 125.
(5.) If it is proved that the licensee took all reasonable care to prevent such person coming or remaining on the licensed premises for an unlawful purpose, or took all reasonable care to ascertain and actually believed that the purpose for which such person had come or remained on the licensed premises was a lawful purpose, the Court shall dismiss the case against the licensee.
| Amendment of | 97. 'Section one hundred and twenty-eight of the principal |
| see. 128. |
Act is amended by substituting for the words "Penalty: Five pounds," in subsection (3), the words "Penalty: Twenty- five pounds"; and by adding a subsection, as follows:
(6) All proceedings under subsection (1) of this see-
| e. 175. | S.A., No. 1322, |
tion shall be heard in camera.
| Amendment of | 98. Section one hundred and thirty of the principal Act is |
| sec. 130. |
amended by inserting after the words "suffer any female," in subsection (1) the words "other than his wife or daughter over the age of twenty-one years," and by substituting the words "the closing hour" for "eleven o'clock," in paragraph (c).
| 1922.] | Licensing. | [No. 39. |
| 99. | Section one hundred and thirty-one of the principal sAeo | rneVismat of |
Act is amended by omitting the words "Penalty: Thirty pounds," and inserting "Penalty: For a first offence, Fifty pounds; for any subsequent offence after a previous convic- tion, One hundred pounds."
| 100. A section is inserted in the principal Act, as fol- lows :— | Posting of betting |
| placards. |
131a. No licensed person shall placard, post up, or ex- hibit or permit or stiffer to be placarded, posted up, or ex- hibited in or on or about his licensed premises any infor- mation or notices relating to betting or the results of horse racing.
Penalty: Twenty pounds and not less than Five pounds.
| 101. | A section is inserted in the principal Act, as fol- Betting in licensed | promises unlawful. |
| lows :— | Vie., No 2683, see. 200. |
(131b.) Any licensed person who either himself or by means of any agent, clerk, or servant bets on horse-racing in his licensed premises with any other person or permits or is privy to or connives at betting on horse-racing on his licensed premises shall be guilty of an offence, and shall be liable to a penalty of not less than twenty nor more than one hundred pounds, and for a second or sub- sequent offence to a penalty of not less than one hundred nor more than two hundred pounds.
| Act is amended by omitting the words "did not permit such sec. 132. | 102. | Section one hundred and thirty-two of the principal Amendment ed |
drunkenness," in subsection (1), and inserting in place there- of "and the persons employed by him took all reasonable steps to prevent drunkenness on the premises."
103. Section one hundred and thirty-three of the principal ipiegfent of
Act is repealed, and a section is inserted in place thereof, as follows :—
| 133. (1.) No licensee of premises licensed for the sale of liquor situated within a radius of twelve miles of the | Restriction as to |
| the playing of | |
| games.billiards and other | |
| General Post Office in Perth shall permit any billiards, | See W.A., 1911, No. |
| 32, Sec. 133; S.A. | |
| bagatelle, or other games to be played on his licensed pre- | No. 1322, See. 24. |
| mises by any person other than bona Me lodgers during | |
| the hours when liquor may not be lawfully sold or dis- posed of to the public on the licensed premises. |
Penalty: Twenty pounds.
| No. 39.] | Licensing. | [1922. |
(2.) No licensee of premises licensed for the sale of liquor situated outside a radius of twelve miles of the General Post Office in Perth shall permit any billiards, bagatelle, or other games to be played on his licensed pre- mises after eleven o'clock at night by any person other than bond fide lodgers except under the authority of an occasional license, or at any time on Sunday, Christmas Day, or Good Friday.
Penalty: Twenty pounds.
(3.) No licensee under a billiard table license for pre-
mises not licensed for the sale of liquor shall permit any billiards, bagatelle or other games to be played on his licensed premises after eleven o'clock at night except under the authority of an occasional license, or at any time on Sunday, Christmas Day, or Good Friday.
Penalty: Twenty pounds.
| Prohibition of, | 104. A section is inserted in the principal Act as fol- 133a. (1.) No licensee shall suffer any person to play any unlawful games or engage in any unlawful sport, or suffer any gaming on his licensed premises or the appur- tenances thereto. |
| sec. 40. |
unlawful games.
| Sea 44, Vic., No. 9, | lows :- |
Penalty: Fifty pounds.
(2.) Any person who plays at any unlawful game or
engages in any unlawful sport on licensed premises shall
be guilty of an offence.
Penalty: Ten pounds.
| Closing of licensed | 105. A section is inserted in the principal Act, as fol- |
| premises In case of |
| riot. | lows |
Six S.A., No. 1322,
sec. 154. 133b. Any police or resident magistrate may, if any
riot or tumult happens or is expected to take place, order or direct the licensee of any licensed premises situated at or near to the place where such riot or tumult happens or is expected to take place, to close his licensed premises for such time as the magistrate thinks fit, and any person who does not obey such order or direction shall be liable to a penalty of not exceeding Twenty pounds.
| Amendment of | 106. Section one hundred and thirty-nine of the principal Act is amended, as follows :—"By omitting the words and figures 'Sections 97, 98, 106, 131, or 136 of this Act,' and by |
| sec. 139. |
| 1922.] | Licensing. | [No. 39. |
inserting in place thereof the following :=Sections 94, 97, 98, 106, 111, 112, 113, 115 (relating to the subletting of bars), 118, 131, 136, and 180 (in respect of adulteration of liquor with deleterious substances,' " and • by inserting after the word "offence," in line nine, the words "or the Licensing Court."
| 107. Section one hundred and forty-one of the principal Amendment of | sec. 141. |
Act is amended by adding the following paragraphs :-
(e) is of drunken or dissolute habits and unfit to hold a license; or
knowingly suffers his licensed premises to be used for immoral purposes; or
(f)
fails to keep a well appointed eating-house with re- quisite appliances in operation for the daily preparing and serving of meals to guests on his licensed premises.
(g)
And by adding to the section the following words :—"or at the discretion of the Court such licensed person shall forfeit and pay for such offence a penalty of not more than one hun- dred pounds."
A sitting of the Licensing Court may be held to deal with offences under this section at such time as the Chairman may appoint.
| 108. A section is inserted in the principal Act, as fol- Standard measure. | S.A., No. 1522, |
| lows :— | sec. 151. |
14Th. All liquor sold under the authority of this Act, in a quantity not less than half a pint shall, if required by the purchaser, be measured and delivered according to imperial standard measures, and shall, upon demand by the person receiving the same, be remeasured for his satisfaction in the same premises and in the same meas- ures, or any other standard measures he procures, but not if the liquors have been taken to any other room of or away from the licensed premises, or have been partly con- sumed before a remeasurement is demanded. On failure to measure or remeasure as aforesaid the licensed person shall, for every offence, be liable to a penalty of not more than five pounds.
109. A section is inserted in the principal Act, as fol- state notes.
lows :-
141b. The manager of a State hotel shall be deemed
a licensee, and the State hotel shall be deemed licensed
| No. 39.] | Licensing. | [1922. |
premises, as regards the hours of trading and conditions imposed by this Act on licensees, and for the purposes of the following sections of this Act, namely, Sections 91, 92, 112, 113, 116, and 117, and Part X. of this Act; and such manager shall for a breach of the provisions of this Act be personally liable to the penalties thereby imposed on a licensee.
Amendment of
| see. 195. | 110. Section one hundred and forty-five of the principal Act is amended, as follows :— |
| (1) | By adding to paragraph (a) the following words :— "and in the ease of a club registered for the first time after the commencement of the Licensing Act Amendment Act, 1922, the minimum number of members shall be one hundred if the club premises are situated in the Metropolitan District, and fifty if the club premises are situated elsewhere." |
| (2) | By adding a Paragraph to the section, as follows:— In this section "Metropolitan District" com- prises Perth, East Perth, North Perth, West Perth, Subiaco, Leederville, Claremont, Fremantle, North- East Fremantle, South Fremantle, Canning and Guildford Electoral Districts. |
| Amendment of | 111. Section one hundred and forty-six of the principal Act is amended, as follows :— |
| sec. 140. |
(1.) Paragraph " (k)" is amended by substituting "twenty-one" for the word "eighteen," and by adding to the paragraph the words "and no member under the Page of twenty-one years shall be admitted to any portion of the club premises where liquor is sold or consumed."
(2.) Paragraph " (1) " is deleted, and a paragraph is inserted in place thereof, as follows :—
(1.) That no person under eighteen years of age shall be employed in the club; but this restriction shall not apply to persons employed in the administrative work of the club:
Provided that no person under the age of twenty-one shall serve in the bar:
Provided also that no person under the age of eighteen shall be employed in or about a bar or in the de- livery of liquor on the club premises.
| 1922.] | Licensing. | [No. 39. |
(3.) Paragraph "(m)" is amended by omitting the words "is provided for," and by substituting for the words and figures "under Section 15 of the Early Closing Act, 1904," the words "may for the time being be law- fully employed."
| 112. | Section one hundred and forty-seven of the principal sAem | a trent of |
Act is amended by substituting for the words "Penalty: Ten • •
pounds," the following :—"Penalty: For a first offence, Ten
pounds; for any subsequent offence after a previous convic-
tion, Twenty pounds.
113. Section one hundred and forty-nine of the principal geeent of
Act is repealed, and a section is inserted in place thereof, as • • follows :—
149. (1.) Subject as hereinafter provided it shall be tsar and
unlawful
| (a) | for any stranger to use the club premises; or |
(b) for any member or other person to admit any
stranger to the use of the club premises:
Provided that it shall not be an offence, during the hours when liquor may be lawfully sold or disposed of to the public on licensed premises within the district, for a stranger to use or be admitted to the use of such part of the club premises as is set apart for visitors:
Penalty: Ten pounds.
(2.) No stranger or visitor shall be admitted to the
club premises during the hours when liquor may not be lawfully sold or disposed of to the public on licensed pre- mises within this district:
Provided that it shall be lawful for a member of a resi- dential club, which contains not less than ten bedrooms if in the metropolitan area, and not less than two bedrooms if outside the metropolitan area, together with a suitable complement of bedding and furniture, and in which meals are customarily provided, on giving six hours' notice in writing to the Secretary, and subject to the approval in writing of the Committee, to invite not more than three guests, whose names shall be stated in the notice, to dinner in the club premises on any day except Sunday, and thereupon such guests shall be entitled to use the club premises or such parts of the club premises as are set apart for the use of guests between six p.m. and twelve midnight on such day; but no such guest shall
| No. 39.] | Licensing. | [1922. |
pay or be allowed to pay for any meal, liquor, or other
refreshment in the club.
(3.)
If any stranger or visitor is admitted or permitted to use the club premises contrary to this section, the secretary or other person in charge of the registered club commits an offence and shall be liable to a penalty not exceeding Twenty pounds.
Provided that on the application of the secretary of any club, the chairman or any member of the Licensing Court or the Clerk of the Court, when the application is not opposed, may by an order in writing suspend the operation of this section in regard to such club on any special occasion during certain hours to be specified in the order.
(4.) The term "stranger" includes any person not being a member, an honorary member, an extraordinary honorary or temporary member, or an officer or servant of the club, or a workman employed on the club premises.
| sale of liquor. | 114. A section is inserted in the principal Act, as fol- lows:— |
149a. Every registered club shall be closed for the sale of liquor at the hour of eleven o'clock at night, and shall continue so closed until the hour of nine o'clock the following morning, except to bona fide lodgers; but no person shall be deemed a bona fide lodger in club pre- mises unless such club contains ten bedrooms if in the metropolitan area, and two bedrooms if outside the metro- politan area, together with a suitable complement of bed- ding and furniture:
Provided that the Licensing Court may grant an occa- sional license which shall exempt the club from the pro- visions of this section on any special occasion during cer- tain hours, and on the special occasion to be specified in the license.
| Amendment of | 115. Section one hundred and fifty-five of the principal |
| eo. 165. |
Act is amended, as follows :-
In paragraph (b) the word "thirty" is omitted, and the words "as prescribed by paragraph (a) of section one hundred and forty-five" are inserted in place thereof ; and a paragraph is inserted, as follows:—
| See Vie., No. 2968, | (ee) That persons who are not members are habitu- |
| s. 12. | ally admitted to the club premises merely for the pur- pose of obtaining liquor. |
| 1922.] 116. Section one hundred and sixty-two of the | Licensing. | [No. 39. |
|
Act is amended by omitting the words in subsection (1) "two pounds ten shillings per centum on the gross amount paid or payable for all liquor (including the duties thereon)," and inserting in place thereof "five pounds per centum on the amount paid or payable for all liquor (excluding the duties thereon and the cost of carriage from place to place within the State)," and by adding to the first paragraph of subsec- tion (1) the words "and the provisions of section seventy-one of this Act shall, mutatis mutandis, apply."
| 117. Section one hundred and sixty-three of the principal tem | e tarot of |
Act is amended by omitting the words "the next sitting," and inserting the words "a sitting," in subsection (1), and by adding a subsection, as follows:
(3a) A sitting of the Licensing Court may be held to deter- mine complaints under this section at such time as the chairman may appoint.
| 118. A section is inserted in the principal Act, as fol- Sam | adacsliglior | o | on |
lows :-
| see. 266, | Sea Vie., No. 2689, |
165a. No liquor shall be sold or disposed of in any club on Sunday except to bond fide lodgers or to members of the club being served with a meal between the hours of twelve and two in the afternoon or six and nine in the evening.
Penalty : For a first offence, Fifty pounds; for any sub- sequent offence, One hundred pounds.
| 119. A section is inserted in the principal Act under the Preuidses to be open | to inspection. |
| subheading "Inspection," as follows:— | sec. 134. | See Vie., No. 2683, |
165b. (1.) Club premises shall be open at all times to the inspection of any inspector of licensed premises or inspector of liquor, or a member of the police force auth- orised in writing by a member of the Licensing Court, who shall respectively have power to enter into and search all such premises.
(2.) The secretary or other person in charge of a regis- tered club who refuses to admit an inspector or such auth- orised member of the police force on his demanding to enter, or obstructs him or causes or permits him to be obstructed or delayed in the discharge of his duty, com- mits an offence against this Act.
| No. 39.] | Licensing. | [1922. |
(3.) Part X. of this Act shall apply to club premises
which shall be deemed to be licensed premises for the
purposes of Part X.
Penalty: Twenty pounds.
1tegister of
| lodgers. | 120. A section is inserted in the principal Act, as fol- lows :- |
169a. It shall be the duty of the secretary of every re- gistered club to keep a register of lodgers, and the pro- visions of this Act relating to the register of lodgers to
be kept by licensed persons shall inntatis mutandis apply,
and such register shall at all times be open to inspection by any inspector of licensed premises or police officer acting with the authority in writing of a member of the Licensing Court.
Penalty: Twenty pounds.
Subsection (1) of section one hundred and seventy of the principal Act is amended by inserting the words "one hundred and seventeen" after the words "one hundred and twelve."
| Amendment of | 121. |
see. 170.
Section one hundred and seventy-three of the princi- pal Act is amended by omitting all words after the word "therein," in paragraph (c), and inserting in place thereof the following :—" and such report shall describe the condition of the premises, fittings, and furniture, and the manner in which such premises have been conducted during the preced- ing twelve months, and generally as to whether the provisions of this Act are duly observed. Copies of such reports to be forwarded to the Commissioner of Police."
| Amendment of | 122. |
see. 173.
| Branch of Police | 123. | A section is inserted in Part IX. of the principal Act, |
| Department to deal | ||
| with inspection, |
| etc., of licensed | as follows:— |
| premises. |
176a. A branch of the Police Department shall be established to deal with the inspection of licensed pre- mises, or any other premises in which intoxicating liquor is for sale.
Such branch shall, subject to the control of the Com-
missioner of Police, be in charge of an experienced senior
officer, whose time shall be devoted exclusively to such
| 1922. | ] | Licensing. | [No. 39. |
duties and the inspection of liquor and reporting upon. the management and condition of licensed premises, or any other premises in which intoxicating liquor is for sale, to the Commissioner of Police and the Licensing Courts.
Such officer, and any member of the police force at-
tached for the time being to such branch of the depart-
ment shall, ex officio, be an inspector of licensed premises.
Inspectors of liquors appointed under the Health Act shall be officers of the Police Department established under this section.
124. A section is inserted in the principal Act, as fol- Proof strength of
| ber. | e |
lows
180a. (1.) No person shall sell or supply to any other person, or have on his premises apparently for sale, whisky that has not been kept for at least three years in wood.
Penalty: For a first offence, Fifty pounds ; for any sub- sequent offence, Oue hundred pounds.
(2.) The provisions of the Health Act, 1911-19, relating
to liquor are incorporated with this Act, and any offences
thereunder shall be deemed to be offences under this Act.
125. (1.) In sections one hundred and eighty-one, one hUll- Amendment of died and eighty-two, and one hundred and eighty-three of the sect's 1st-a. principal Act, the words "or other person authorised in that
behalf by the Minister" are inserted after the words "in-
spector" and ''inspector of licensed premises."
(2.) Section one hundred and eighty-two of the princi- pal Act is further amended by the addition of a subsection, as follows :—
(3.) If the liquor cannot be conveniently divided into three parts, it shall suffice if it is divided into two parts, one being delivered to the seller and the other retained by the inspector for future comparison or analysis.
126. Section one hundred and eighty-four of the Mind- Amendment of
pal Act is amended by deleting all the words after "analyst," 8"" 184.
in line two down to the end of the section, and inserting in
lieu thereof the words "with a suitable identification number
by the inspector."
| No. 39.] | Licensing. | [1922. |
Apportionment of
| rent and premium. | 127. A section is inserted in Part XI. of the principal Act, |
| No. 63 of 1916, | as follows.: |
| e. /6, |
188a. (1.) If any licensed premises are held under lease, granted prior to the Licensing Act Amendment Act, 1922, the lessee shall be allowed by the lessor a proportionate reduction of the rent of the premises, in the same ratio to the full rent as the reduction in hours bears to the time during which the premises might have been lawfully open for the sale of liquor except for that Act, and a like proportionate return of a part of the pre- mium (if any) paid by the lessee to the lessor.
Provided that if any lessee or lessor considers him- self insufficiently recompensed or unduly penalised by this section he may require the question of adjustment of rent or rent and premium to be submitted to arbitra- tion under the provisions of the Arbitration Act, 1895, and by an award to be made thereunder the rent or rent and premium to be payable by the lessee during and in re- spect of such period shall be at such reduced rate as in the circumstances of the case may be deemed reasonable, and the award shall be binding upon the parties and final.
(2.) Where a lease has been assigned or transferred for monetary consideration, the right which, except for such assignment or transfer, would have continued in the lessee to a proportionate return of a part of the premium paid by the lessee to the lessor shall, subject as herein- after provided, vest in the assignee of the lease : Pro- vided that where such consideration paid by an assignee or transferee is less than the amount of the premium paid by the lessee, the proportionate return of a part of the premium shall be calculated on the amount of such con- sideration.
(3.) This section
| (a) | shall only apply to premises for which a publi- can's general license, an hotel license, a way- side house license, an Australian wine and beer license, a railway refreshment-room license is held; and |
| (b) | shall not apply to premises not licensed at the commencement of the lease, unless the amount of rent or premium (if any) was fixed in view of a prospective license. |
| 1922.] | Licensing. | [No. 39. |
(4.) In this section
"Lessee" includes the mesne lessee and an assignee of a lease and a sub-lessee, and also a mortgagee of a lease or sub-lease.
"Lessor" includes a mesne lessor and the person for the time being entitled to the rent of the premises, and also a mortgagee of the lessor or of the land comprised in the lease.
| 128. | Subsection (1) of section one hundred and ninety- | sec. 194. |
| Amendment |
four of the principal Act is repealed, and a subsection is in-
serted in place thereof, as follows:—
| (1.) Any person alleged in any complaint under this Act to be a licensed person shall, for all purposes con- | Proof of License |
| S.A., No. 1322 | |
| sec. 279. | |
| nected with and in all proceedings under or upon such complaint, be deemed to be a licensed person, and to be licensed in respect of the premises (if any) in respect of which he is, in such complaint, alleged to be licensed, un- less he at the hearing of such complaint satisfies the Court to the contrary. |
| 129. | The second schedule to the principal Act is amended, | Amendment of second Schedule. |
as follows :—
(1.)
In the form of a Spirit Merchant's License, all the words after the words "sell and dispose of" to the words "Licensing Act, 1911," are omitted, and the following words are inserted in place thereof :—" on the said pre- mises any liquor in quantities of not less than two gallons, so that such liquor shall not be consumed on the premises, and that the minimum quantity shall consist of spirits, or of wine, or of beer, or of some other kind of liquor, and shall be delivered and taken away from the premises at one time and not by instalments, under and subject to the provisions of the Licensing Act, 1911."
(2.) The form of "Two Gallon License" is omitted, and the following form is inserted in place thereof:—
THE LICENSING ACT, 1911.
BREWER'S LICENSE.
WHEREAS the Licensing Court for the Licensing District of
| at a sitting held on the | day of | , |
| 192 , by its certificate dated the | day of | 192 , |
| authorised the issue to | of a Brewer's |
| License for the brewery of |
| No. 39.] | Licensing. | [1922. |
| situated at | And whereas the |
| said | has paid the sum of £ |
as the fee for the said license : Now it is hereby declared that the said , being a person or the representative of a person carrying on the trade or business of a brewer, is licensed to sell and dispose of beer, the produce of the brewery, in quantities of not less than two gallons, so that such liquor is sold or disposed of on the prem- ises of the licensee situated at
and is not consumed on the premises and shall be in quantities of not less than two gallons to be delivered or taken away from the premises at one time and not by instalments, and subject to the provisions of the Licensing Act, 1911.
| This License to commence on the | day of |
192 , and to continue until the 31st day of December, 192 , if not forfeited
in the meantime.
| Dated this | day of | 192 |
Receiver of Revenue.
(Place of Issue.)
In the third schedule to the principal Act in the form of application for a spirit merchant's license and other licenses, the words "Two Gallon License" are omitted and "Brewer's License" inserted in place thereof.
130.
Amendment of
Third Schedule.
The following schedules are hereby substituted for schedules 15, 16, and 17 respectively in the principal Act:—
| Schedules /5, 16, | 131. |
and 17.
FIFTEENTH SCHEDULE.
Licensing Act 1911.
SUMMONS.
| In the | Licensing District. |
To
of
You are hereby summoned to appear before the Licenses Reduction Board at
| on the | day of | 19 |
| at the hour of | o'clock in the | noon to show cause why |
| the licensed premises known as | 'end situated at |
| should not be deprived of a license. |
| Given under my hand this | day of | 19 |
Chairman [or member] of the Board.
| 1922.] | Licensing. | [No. 39. |
SIXTEENTH SCHEDULE.
Licensing Act, 1911.
VOTING PAPER.
Do you vote for Prohibition 7
YES
NO
Indicate your vote by placing a cross thus X in one of the above squares.
SEVENTEENTH SCHEDULE.
Licensing Act, 1911.
VOTING PAPER.
Do you vote that licenses be restored ?
YES
NO El
Indicate your vote by placing a cross thus X in one of the above squares.
132. (1.) Section two of the Licensing Act Amendment Licensing Act
| Act, 1911, and section eleven of the Sale of Liquor and To- Nfle,tel.ej,:taAnat' | Sale of Liquor and |
| bacco Act, 1916, are hereby repealed. | Tobacco Act, MG, see. 11 repealed. |
| (2.) Section three of the Sale of Liquor and Tobacco Act, 1916, is amended by inserting after the words "Licensing Act of 1911," in line two, the words "or a brewer's license or a spirit merchant's license." |
| 133. Notwithstanding anything contained in this Act to | renewal of certain |
| Saving of right of |
| the contrary, a gallon or two-gallon license, or a spirit mer- | pending appli ca. |
| licenses under | |
| chant's license, under and subject to the principal Act may, | tions. |
| on payment of the fee payable under that Act, be granted or issued to any person who, prior to 31st December, 1922, is an applicant or the holder of a certificate for such license, but section thirty-four of this Act shall apply to such license. |
Provided that the Receiver of Revenue shall, if required
so to do
(a) issue to the holder of a certificate for a gallon license or two gallon license, in lieu of such license, a spirit's merchant's license under and subject to this Act, on payment of the prescribed fee;
| No. 39.] | Licensing. | [1922. |
| (b) | issue to the holder of a certificate for a two-gallon license held by or on behalf of a person carrying on the business of a brewer, in lieu of such license, a brewer's license, and also, if so desired, a spirit merchant's license under and subject to this Act, on payment of the prescribed fees; |
| (c) | issue to the holder of a certificate for a spirit mer- chant's license under the principal Act, in lieu of such license, a spirit merchant's license under and subject to tins Act, on payment of the prescribed fee. |
| Reprinting of | 134. All copies of the principal Act to be hereafter printed by the Government Printer shall be printed as amended by this Act, by the Licensing Act Amendment Act, 1911, by sec- tions fifteen, sixteen, seventeen, and eighteen of the Illicit Sale of Liquor Act, 1913, and by the Sale of Liquor and Tobacco Act, 1916, under the superintendence of the Clerk of Parlia- ments, and all necessary references to the amending Acts shall be made in the margin. |
| principal Act | |
| with amendments. | |
| The sections in this Act when inserted in the principal Act shall respectively bear the numbers set against each of them in square brackets; and with regard to the Sale of Liquor and Tobacco Act, 1916, section three thereof shall be inserted in the principal Act as section 37a, and section six shall be inserted as subsection (3) of section 38, the words "granted under the Licensing Act, 1911," being deleted; and section five shall be inserted as subsections of section 32, and section seven shall be inserted as subsection (2) of section 32a. | |
| In subsection (1) of section twenty-seven of the principal Act, paragraph (o) "Gallon licenses" shall be transposed to precede paragraph (j) ''Brewers' licenses," and section forty-two (gallon license) shall be transposed to precede sec- tion thirty-seven (brewer's license). | |
| In such reprint of the principal Act the sections may be renumbered in arithmetical order, and all cross-references shall be adjusted so far as necessary. |
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