Licensing Act Amendment Act 1956 (WA)

1956.] Licensing. [No. 7.

LICENSING.

5° Elizabeth II., No. VII.

No. 7 of 1956.

AN ACT to amend the Licensing Act, 1911-1955.

[Assented to 11th October, 1956.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Licensing Act Short title

Amendment Act, 1956. and citation.

(2) In this Act, the Licensing Act, 1911-1955, Z;16;70?Tinr

Act No. 32 of 1911 as reprinted with amend- Reprinted Reprint

ments to and including Act No. 76 of 1953 9/4/M'

incorporated pursuant to provisions of the

No. 7.] Licensing. [1956.

Amendments Incorporation Act, 1938, and as further amended by Acts Nos. 73 of 1954, and 55 and 58 of 1955,

is referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Licensing Act, 1911-1956.

S. 28

amended.	2. Subsection (1) of section twenty-eight of the
Cf. No. 55

of 1955, s. 2.

principal Act is amended by adding a paragraph as

follows:—

(q) Canteen licenses.

Ss. 44D, 44E

and 44P	3. The principal Act is amended by adding after
added.

Cf. No. 55 of	section forty-four C the following sections-
1955, s. 3.
DLstricts in

which 44D.

(1) A canteen license may be granted the licensing districts of East Kimberley, West Kimberley, Broome, Pilbara, Roebourne, Gascoyne, or Murchison; or such other licens- ing district as the Governor declares and is hereby authorised to declare from time to time, but only on the recommendation of the Court.

canteen

licenses may	in respect of premises which are situate within
be granted.
(2) A proclamation made under subsection (1) of this section may, on the recommendation of the Court, be varied or revoked by subsequent proclamation.
Canteen

license may	44E.	(1) A canteen license may be granted
be granted

to person	by the Court on the application of a person
nominated
by a company	nominated in writing by a company, but only
carrying on operations under

Petroleum	(a) if the company is exploring, prospect- ing or mining for petroleum, pursuant to the provisions of the Petroleum Act, 1936, in any of the licensing districts mentioned in or declared under sub- section (1) of section forty-four D of this Act;
Act,
1936-1954.

1956.] Licensing. [No. 7.

(b)	if the premises to which the applica- tion relates is situate in the licensing district in which the company is so conducting exploration, prospecting or mining for petroleum; and
(c)	if, in the opinion of the Court, the granting of the license to the applicant is necessary or desirable for the accommodation of persons who are engaged in or in connection with the work of exploring, prospecting or mining for petroleum.

(2) A canteen license may be granted only in respect of premises situate within an area in which the granting of any other type of license under this Act, for those premises, is in the opinion of the Court, impracticable or undesir- able.

44F. A canteen license shall, subject to the g="

provisions of this Act, authorise the licensee to sell and dispose of any liquor by the bottle or glass in any quantity on the licensed premises therein specified

(a)	to persons who are engaged in the work of exploring, prospecting or mining for petroleum which work is being carried on by or on behalf of a company referred to in subsection (1) of section forty-four E of this Act; or
(b)	to persons temporarily lodging in the vicinity of the site of the licensed premises, for the purpose of transact- ing business with the company.

4. Section forty-seven of the principal Act is aSmended.

amended by adding after the words, "airport gik':Th

al, of

license" in line two of subsection (8), the words,

"or to an application for a canteen license".

No. 7.] Licensing. [1956.

S. 59

amended. 5. Section fifty-nine of the principal Act is

amended

(a) by substituting for the word, "No" in line one of subsection (1) the passage, "Subject to the provisions of subsection (8) of this section, no";

(b) by adding the following subsection:

(8) (a) A canteen license may, subject to notice being given as required by paragraph (b) of this subsection, be removed from a licensing district men- tioned in or declared under subsection (1) of section forty-four ID of this Act to another such district, or from one part of such a district to another part of the district.

(b) At least three days' notice in the form in the Eighth Schedule shall be given by the licensee to the Court.

s.72

amended. 6. Section seventy-two of the principal Act is

amended

(a) by adding after the words, "Fifteen pounds" in the last line of the second proviso to subsection (2) the following:

For a canteen license—Fifteen pounds.; by adding after the word, "license" in line two of subsection (4) the passage, ", canteen license".

(b)

S. 124 7. Section one hundred and twenty-four of the

amended. CI . No. 55 of 1955.	principal Act is amended by adding before the word,
a5 (a).	"or" in line two the passage, ", canteen".
8. 177

amended. 8.

Subsection (2) of section one hundred and seventy-seven of the principal Act is amended by adding before the words, "an Australian" in line three the passage ", a canteen license,".

1956.] Licensing. [No. 7.

Second

9. The Second Schedule to the principal Act is Schedule amended.

amended by adding at the end thereof the	Cf. No. 55
following:—	of 1955, s. 10

The Licensing Act, 1911.

(As amended.)

CANTEEN LICENSE.

Whereas the Licensing Court for the Licensing

District of at a sitting held

on the day of , 19 , by its

certificate dated the day of

19 , authorised the iss ue of a Canteen License for

certain premises being , situated at

to a nominee

of	, referred to in this license
as the company.

And whereas the sum of £ has

been paid as the fee for the said license.

Now it is hereby declared that the said

is licensed to keep a canteen and to sell liquor therein by the bottle or glass to persons who are engaged in the work of exploring, prospecting or min- ing for petroleum, pursuant to the provisions of the Petroleum Act, 1936, which work is being carried on by or on behalf of the company, or to persons temporarily lodging in the vicinity of the site of the above premises for the purpose of transacting business with the company, under and subject to the provisions of the Licensing Act, 1911, as amended.

The license commences on the day of

, 19 , and continues until the 31st day of December, 19 , if not forfeited in the meantime.

Dated this day of 19 .

Receiver of Revenue,

(Place of issue.)

No. 7.] Licensing. [1956.

Third

Schedule 10. The Third Schedule to the principal Act is

amended. amended by adding after the word, "LICENSE," being the last word in the heading of the form headed "APPLICATION FOR A SPIRIT MERCHANT'S LICENSE, A GALLON LICENSE, A BREWER'S LICENSE, AN EATING-HOUSE, BOARDING - HOUSE, OR LODGING - HOUSE LICENSE, OR A BILLIARD TABLE LICENSE" the words, "OR A CANTEEN LICENSE,".