Licensing Act of 1882 (NSW)

No. XIV.

An Act to remodel the law relating to Publi­

cans and other Persons engaged in the

sale of Liquor. [19 th December, 1881.]

WH E R E A S it is expedient to make better provision in respect to the l icensing and regulation of Publicans and Public-bouses	and to amend and embody in one Statute the laws regulating the sale of
l iquor B e it therefore enacted b y the Queen's Mos t Excel lent Majesty
b y and with the advice and consent of the Legislative Council and
Legislative Assembly of N e w South Wales in Parliament assembled and b y the authority of the same as fol lows : —

P A R T I .

Introductory Provisions—Establishment and constitution of Licensing

Districts and Courts—Procedure thereat—Licenses and Licensees

—Inspectors.

1. This A c t may be cited as the " Licensing A c t o f 1 8 8 2 " I t

shall c o m e into force on the first day of January in the year one thousand eight hundred and eighty-two and is divided into Pour Parts comprising

the	subjects fol lowing v i z .—
P A R T I.-—Introductory Provisions—Establishment and constitu­

tion of Licensing Districts and Courts—Procedure thereat—

Licenses and Licensees—Inspectors—ss.	1 to 21.
F	PART

P A R T I I .—Licenses for the Sale of Liquor and Provisions in

respect thereto—ss. 22 to 67.

P A R T I I I . — B r e w e r s and Spirit Merchants Licenses—ss. 68 to71.

P A R T I V . — Cancellation of Licenses—Miscellaneous Provisions

—Legal Procedure—ss. 72 to 100.

S C H E D U L E S .

2. The Acts specified in the First Schedule hereto are to the extent therein expressed hereby repealed But such repeal shall not prejudice or affect the validity or duration o f any certificate license permit or authority lawfully granted act done right acquired liability

or obligation accrued or penalty forfeiture or punishment incurred

under any such A c t A l l proceedings commenced and offences c o m ­ mitted before the commencement o f this A c t may be respectively continued and punished as if this A c t had not been passed A l l licenses granted under any such repealed A c t shall continue and remain in force for the respective periods for which they were granted but shall be held in all respects and all renewals thereof shall be applied for under and subject to the provisions of this A c t unless hereinafter otherwise specially provided for.

3. In the construction and for the purposes of this A c t the

following expressions shall bear the meanings and include the matters
and things hereinafter respectively assigned to them unless the context

otherwise indicate v i z . : —

" Australasian Co lony" includes in addition to New South Wales

the Colonies of Victoria South Australia Queensland Tasmania
Western Australia and N e w Zealand.

" Brewer" means any maker for purposes of sale of beer ale porter or stout or of any other fermented malt l iquor or any fermented l iquor made from sugar or other saccharine matter.

" C o u r t or Licensing Cour t " means the Licensing Court o f the Licensing District in or with reference to which the term is used.

" Governor" means the Governor with the advice of the Execut ive

Council .

" Inspector" means a District Inspector or District Sub-Inspector appointed under this A c t A n d for any portion of the Colony not included within a Licensing District the expression " Inspector" means the person appointed under this A c t to

act as Inspector within such portion.

" Just ice" means a Justice o f the Peace.

" Licensed Premises" means the premises in respect of which a

license granted under this A c t or any A c t hereby repealed
shall be in force.

" Licensed Publ ican" means a person holding a Publican's license under this A c t or any A c t hereby repealed.

" Licensee" means a person holding any license authorized to be

granted under this A c t or under any A c t hereby whol ly or
in part repealed.

" Licensing Magistrate" means a Pol ice or Licensing Magistrate authorized to exercise the powers conferred by this A c t .

" L iquo r " means and includes wine spirits beer porter stout ale

cider perry or any spirituous or fermented fluid Arhatever
capable of producing intoxication.

" Minister" means the Minister charged with the administration

of this A c t .

" Prescribed" means prescribed by this A c t or by any regulation

or rule made under the authority thereof.

" Spirit

" Spirit Merchant" means any vendor or exhibitor for sale in any shop or premises of l iquor in quantities of not less than two gallons not being a licensed auctioneer or broker selling

or offering for sale any such liquor on account of another

person.

4. A l l applications for licenses and all other matters which under this A c t may be heard determined and dealt with by a Licensing Court or b y a Licensing Magistrate shall be heard determined and dealt with by a Pol ice Magistrate sitting at the Court of Petty Sessions nearest to the place where the applicant resides or where the matter arises whenever and so long as such place shall not be comprised within the boundaries of a Licensing District proclaimed under this A c t A n d such Magistrate while so sitting shall have and may exercise all the powers and authorities of a Licensing Court.

5. A s soon as conveniently practicable after the passing of this A c t the Governor shall by proclamation in the Gazette define such Licensing Districts for the purposes o f this A c t as he may think proper and may from time to t ime and in like manner alter the boundaries of any District so proclaimed or may subdivide the same into one or more Districts or may amalgamate any such District with one or more Districts or areas Provided always that the Metropolitan Licensing District so to be proclaimed shall comprise the whole area

of the County of Cumberland.
0. Licensing Courts for the purposes of this A c t but subject

nevertheless to any special provisions hereinafter contained shall be

composed of Appoin ted and Official members and shall be constituted
in the fol lowing manner that is to say—

( i . ) I n and for every Licensing District proclaimed under this
A c t the Governor shall f rom time to time b y notification to

be published in the Gazette appoint a Licensing Court A n d the Court for the Metropoli tan Licensing District shall consist of seven members and the Court for every other Licensing District shall consist o f three members Whenever practicable such appointment shall be made and notified in the proclamation of the Licensing District,

(II.) Every person so appointed shall be b y virtue o f his office a Justice o f the Peace for the Colony (if not already on the Commission of the Peace) and shall hold office for a period

of three years from the date of his appointment unless he
shall die resign become disqualified or be removed from
office in any of which events a successor shall be appointed in

like manner and by the like authority who shall hold office
for the unexpired period of his predecessor's term of office,

(III.) I n and for the Metropoli tan Licensing District such of the Metropolitan Pol ice or Stipendiary Magistrates for the time being and such other person or persons as the Governor may appoint not to exceed seven members in the whole shall constitute the Metropoli tan Licensing Court For every other Licensing District the Court shall be composed of the appointed members thereof together with the Police Magistrate resident within or nearest to such district who shall be the official member of such Court or if there be no

Pol ice Magistrate resident within ten miles of the Court­

house or building appointed for the holding of such Court then

of such members as aforesaid together with such person as the

Governor may in manner aforesaid appoint as a Licensing Magistrate The senior Police Magistrate shall preside at the Metropolitan Licensing Court and the Pol ice or Licensing Magistrate shall preside in every other Court as Chairman

thereof

thereof but in the absence of either the members of the Court
present at any meeting shall elect one of their number to act
as Chairman at and for such meeting.

(iv.) Every person shall be disqualified from holding office as the member of a Licensing Court who is interested beneficially in the manufacture or sale of fermented or spirituous liquors

or in any premises licensed or proposed to be licensed under

this Act or who holds any license whatsoever within the meaning of this Act or is beneficially interested in any trade

or calling exercised under any such license And any person so disqualified who shall knowingly and wilfully act as a
member of such Court shall be guilty of a misdemeanor.

(v.) Every Licensing Court for a Licensing District shall be held in some Court-house of a Petty Sessions District comprised within such Licensing District or in some other building to

be appointed for that purpose in the Proclamation defining

such District or to be subsequently notified in the Gazette

by the Minister.

(vi.)

The Governor may appoint such and so many persons as he shall think fit to be Registrars Clerks or other Officers of

Licensing Courts Provided always that until the appoint­

ment of any such Clerk shall be notified in the Gazette the

Clerk of Petty Sessions for the time being of the Court of

Petty Sessions at or nearest to which the Licensing Court is held shall be the Clerk thereof.

(vii.) The quorum for the proper constitution of a Licensing

members For all other Courts the Police or Licensing
Magistrate and one member shall constitute a quorum.

Court for the Metropolitan Licensing District shall be three

(VIII .) Any appointed member of a Licensing Court may resign his office by writing under his hand addressed to the Governor.

(ix.) Any appointed member of a Licensing Court who shall absent himself from any two consecutive Quarterly Licensing Courts (except in case of sickness or for other lawful excuse) shall be deemed to have vacated his office and to have created an extraordinary vacancy which shall as soon as conveniently practicable be filled up by the appointment (to be notified in the Gazette) of some other person under the powers hereinbefore conferred.

7. Every Licensing Court shall be a Court of Record with full

convictions but such rules shall be subject to any regulations made by	power to make all general and other rules necessary for the conduct of its business and for the enforcement of its orders adjudications and
the Governor as hereinafter provided And each such Court shall have and use a seal bearing an impression of the Royal Arms and having inscribed thereon the words "Licensing Court " with the name
of the Licensing District within which such Court is held And the
Chairman thereof may take administer and cause to be taken and administered oaths declarations affirmations and depositions in any licensing or other matter complaint or proceeding to be heard and determined or dealt with by such Court.

8. I f any person duly summoned to attend as a witness at any

such Court shall without sufficient excuse neglect to appear and give evidence or refuse to be sworn or to answer any lawful question or if any person shall wilfully interrupt the proceedings of such Court or shall hinder obstruct or assault any person in attendance before such Court or any officer thereof in the lawful execution of his duty such person shall be guilty of contempt of Court And the chairman either on his own view or on the oath of some credible witness may

by

by warrant under bis band and the seal of the Court commi t any
person guil ty o f such contempt to any gaol or lock-up there to be imprisoned for any term not exceeding fourteen days or may order such person to forfeit any sum b y way of fine not exceeding ten pounds and if such fine be not forthwith paid he may order such person to be imprisoned in any gaol or lock-up for any term not exceeding fourteen days but subject to the discharge of such person if the fine be paid within the term of the imprisonment.

9. I n the Metropoli tan Licensing District each of the Metro­ politan Pol ice or Stipendiary Magistrates and in every other Licensing District the Pol ice Magistrate being a member of the Licensing Court

of such District or the Licensing Magistrate as tbe case may be shall

be a Licensing Magistrate within such District A n d every such Licensing Magistrate shall sit as in open Court and shall have and may exercise all the powers and authorities conferred by this A c t upon a Licensing Magistrate and while sitting for the hearing and deter­ mination of any matter within his jurisdiction shall be deemed to be a Court under this A c t .

10. Unt i l and unless rescinded or altered b y Regulations to be made under this A c t the fol lowing procedure shall subject to any special provisions hereinafter contained be observed so far as the same can be applied in the conduct of all business before Licensing Courts—

( i . ) The District Inspector in every Licensing District shall furnish to the Clerk of the Court at least ten days before each quarterly sitting a report of every licensed public-house in such District and shall also report upon all applications whether for Licenses or transfers removals or renewals thereof as soon after the application as possible Such report where the premises have been licensed for more than twelve months shall describe the condition of the premises fittings and furniture the manner in which such premises have been conducted during the preceding twelve months the character

of the persons frequenting it and a statement of the number

and position o f similar premises in the neighbourhood Every such report shall be open to publ ic inspection during office hours without payment of a fee.

( i i . ) I n all applications it shall be the duty of the Clerk of the Court to report whether the applicants or in case of transfers whether the intended transferees have previously been appli­ cants or intended transferees of a license for the sale of l iquor

together with the result in each case.

( i i i ) W h e r e applications for renewals have been objected to the

clerk of the Licensing Court shall give the prescribed notice to the applicants to attend at the hearing and such applicants shall be heard immediately after applications for new licenses ( if any) The notice shall state shortly the nature of the objections.

( i v . ) On an application for a publican's license for new premises the applicant shall produce to and deposit with the clerk for the information of the Court plans or sketches o f such premises sufficiently explanatory to show the number and size of the rooms therein and the Court may require the applicant to

give any explanation thereof and if such plans sketches or

explanation shall show or if otherwise if shall appear to the Court that any portion of such premises or of the building of which the same forms part is lifted up or intended to be used as a retail store it shall not be lawful for the Court to grant such application A n d if any such premises be used for the business o f a retail store after a license has been granted the license shall be liable to forfeiture.

(v . )

(v . ) The Court shall hear and determine all applications and also all objections which may be made to them on such evidence as shall seem to them sufficient But all evidence shall be given in the same manner as nearly as practicable as in Courts o f law.

( v i . ) N o applications which have been already decided shall be reheard or reopened at an adjourned sitting unless in pursuance o f leave granted at the original sitting But an applicant may renew his application at any subsequent quarterly sitting of the Court if the application has been refused at any former sitting,
( v i i . ) On the hearing of any application (except for a renewal) the applicant b y himself his counsel or attorney shall open his case then the objectors (if any) who have given the prescribed notice shall be heard b y themselves their counsel

or attorney and the applicant may reply,

( v i i i . ) On applications for renewals the objector shall commence

and the applicant shall reply only,

( i x . ) The Court if unanimous shall give their decision b y the Chairman but if not unanimous shall decide b y vote (retiring to a private r o o m if they shall think fit) whether the appli­ cation shall be granted or refused The decision shall be given b y the Chairman and no member of the Court shall comment upon or question such decision,

(x . ) The Chairman shall on behalf of the Court sign all certificates and documents given or issued b y the Court unless such as are hereinafter permitted or required to be signed b y a Licensing Magistrate,
( x i . ) N o object ion in respect of the character o f an applicant shall be entertained unless at least three days notice of the

objection intended to be taken shall have been given to such

applicant by or on behalf of the objector,

( x n . ) Subject to any special provisions contained in this A c t or in any regulation or rule made under its authority any notice may be partly or whol ly in writ ing or in print and unless required b y any such special provision as aforesaid to be personally served shall be deemed to be sufficiently served or given in terms of this A c t i f transmitted through the post to the address or last known residence or place of business of the person concerned in receiving such notice or i f left at such

address residence or place of business with any person appar­	ently above the age of sixteen years Notices of objections
to an application under this A c t must be signed b y the objector (with his address added) and must be sent to or left with the person concerned in receiving the same so as to give h im an interval of three clear days at least between the t ime when the notice ought in due course of post to have been received by h im and the t ime appointed for the hearing or disposal o f the
matter referred to in the notice.

11. A Quarterly Licensing Court for each Licensing District

shall be held in the months of January Apr i l Ju ly and October in every year and at least twenty-one clear days notice in the Gazette and in some newspaper circulating in such district shall be given by the Clerk of the t ime and place of holding such Court A n d such Clerk shall for the like period cause a notice to the like effect to be exhibited

on the outer door of the Court-house or building where such Court is

to be held Provided that special meetings for the renewals of licenses and other meetings of Licensing Courts may be holden from time to t ime for all purposes authorized by this A c t A n d ten days notice as

aforesaid

aforesaid shall he given of every such special or other meeting unless where the matters to he heard and determined are offences against this

A c t W h e r e a licensing Magistrate has jurisdiction or authority under
this A c t to hear and determine or deal with any matter no notice of
the time and place appointed for his sitting shall he necessary.

12. A Licensing Court may adjourn from time to t ime to the

same or any other Court-house or building within the Licensing District I f at any hearing there shall be a difference of opinion among the members of the Court the majority shall decide and if
there shall be an equality of votes in any ease the Chairman shall have

(in addition to his original) a casting vote I f any applicant for a license or for the renewal removal or transfer o f a license under Part I I hereof shall require an adjournment the Court may upon such terms as to costs or otherwise as they shall think just adjourn f rom time to time but within the period of one calendar month to the same or any other Court-house or building within the District.

13. Every application for a license or the renewal removal or

transfer of a license under Part I I hereof and all objections to every such application permitted under this A c t shall (except as hereinafter provided) be heard and determined at a Licensing Court for the District wherein the premises are situated in respect of which the license removal or transfer is sought or to which the application relates and every such applicant shall subject to the provisions relating to appli­ cations for renewals contained in section forty-two attend personally at such Court unless prevented by sickness or infirmity The Court may summon and examine on oath such witnesses as they may think necessary and as nearly as may he in the manner directed b y any A c t
now or hereafter to he in force relating to the duties of Justices on
summary convict ions and orders.
14. Every certificate granted under this A c t shall be void unless the sum (if any) required to be paid to the Colonial Treasurer or officer authorized to receive license fees under this A c t for the license
or other privilege thereby authorized he so paid within twenty-eight
days after the granting of such certificate A n d such Treasurer or
officer shall forthwith after the receipt of any such certificate and
payment of the sum prescribed by this A c t issue the license or other

privilege authorized by such certificate.

15. I f any licensee shall die or become insolvent before the

expiration of his license his executors or administrators or his official

wri t ingby the Licensing Magistrate carry on the business of such licensee	assignee as the case may be may b y an agent specially authorized in
until the expiration of his license and the widow of such licensee or if he shall not have left a widow any member of his family of the age of twenty-one years or any person on behalf of such family may carry on the business for a period not exceeding three months from his death if probate o f his will or administration of his estate shall not be previously granted or his license previously expire and such agent widow or person shall be subject to the same obligations as if he or she wTere the licensee named in the license I n case of the decease of a licensee within the period of two calendar months before the expiration of his
l icence a renewal of such license for one year may subject to payment
of the proper annual fee be granted to and in the name of his executor
or administrator or if probate of his wil l or administration in his estate
shall not have been granted before the time appointed for the holding
of the next Quarterly Licensing Court then to such person as the
Licensing Magistrate shall consider entitled to obtain such probate or administration and if there be more than one such executor or person then to such one of such executors or persons as such

Magistrate

Magistrate may think fit The provisions of this section shall so far as practicable be read subject to any testamentary directions o f a licensee.

16. I f any female licensee shall marry the license held b y her shall confer upon her husband the same privileges and shall impose
on h im the same duties obligations and liabilities as if such license

had been granted to h im originally unless he shall within fourteen days after the celebration of the marriage disclaim the transmission herein provided for b y writing under his hand addressed to the Licensing Court of the District within which the license was granted
or intended to be exercised in which case the license shall be void.

17. I f any licensee shall become an insane patient within the

meaning of the " L u n a c y A c t of 1878" a Licensing Magistrate may upon the application o f the wife or any member o f the family of such patient or any person on behalf of such family authorize an agent to carry on the business of the licensed premises of such patient until the end of the year for which his license was granted unless he shall be sooner discharged and thereupon such agent shall be subject and liable to the same duties obligations and penalties as if he were licensed in respect o f such premises I n case any licensed person shall continue

or be an insane patient when the time for the renewal of his license

arrives a renewal o f such license may be granted to and in the name of his wife or any member of his family or to any person nominated for that purpose b y the Master in Lunacy The provisions in this A c t contained relating to the renewal of licenses objections thereto notices

of objections and otherwise shall extend and apply to applications for

renewals of licenses under this section.

18. I t shall be lawful for the Governor to appoint in and for

any Licensing District a District Inspector and such other District Sub-Inspectors and for any portions of the Colony not included in a Licens ing District to appoint any such Inspectors or such other persons as he may think fit to be Inspectors of premises licensed or in which the sale of l iquor is permitted to be carried on under this A c t A n d any member of the Pol ice Porce of or above the rank of sergeant shall be qualified to be so appointed A n d subject to the provisions of this A c t it shall be lawful for the Minister b y regulations to be made under this A c t and to be approved by the Governor to define the duties o f such District and Sub-Inspectors and to prescribe the modes times and conditions of the exercise thereof Such inspectors may be remunerated b y fees or salary in accordance with regulations to be made in that behalf and to be paid out of the Consolidated

Revenue Fund but subject to the sanction of Parliament. 19. I t shall be the duty of such inspectors to use all due
vigi lance and to take all lawful means to enforce compliance with the

provisions of this A c t A n d every such inspector may at all times during business hours enter on any premises licensed under this A c t and may examine every room and part of such premises and take an account of all l iquor therein and may demand select and obtain any samples of l iquor wh ich may be in or upon such premises such samples to be sealed b y the inspector in the presence o f the licensee

or person in charge of such premises and if such licensee or person

shall so desire (with the seal of such licensee or person) and on paying or tendering payment for such samples may remove the same for the purpose o f analysis or otherwise A n d if any such licensee or person refuses or fails to admit any inspector demanding to enter any premises in pursuance of this section or refuses to permit any inspector to select or obtain such samples or obstructs or causes or permits such inspector to be obstructed or delayed in the discharge
of his duty such licensee or person shall be liable to a penalty not

exceeding fifty pounds I f such licensee or person as aforesaid be

convicted

convicted o f selling or delivering or permitt ing to be sold or delivered or o f offering for sale or having in his possession adulterated liquor or

l iquor containing any deleterious drug or noxious ingredient in contravention of this or any other A c t any expenses incurred in analyzing any liquor in pursuance of this section shall be deemed to be a portion o f the costs of the proceedings against h im and shall be paid b y him accordingly otherwise such expenses shall be paid out of the Consolidated Revenue Fund.

20. I f any such inspector shall take or receive any fee gratuity

or reward whatsoever whether pecuniary or of any other kind and
whether directly or indirectly from any person on account of anything done or to be done by such inspector in or in any way relating to his duties or office not being part of his official emoluments such inspector shall on proof thereof to the Minister be dismissed from his office and
from every office which he may hold in the Publ ic Service and on convict ion of such offence before any Licensing Court or Court of
Petty Sessions shall be liable to be imprisoned for any term not exceeding six months and to pay a fine not exceeding one hundred pounds A n d if any person shall give offer or promise to give whether directly or indirectly to any inspector any such fee gratuity or reward such person shall for every such offence be liable to a penalty recover­ able in any such Court as aforesaid of not less than fifty nor more

than two hundred pounds.

21. A n y of the persons hereinafter described having reasonable

cause for suspecting unlawful or disorderly proceedings to be carried on or any breach of this A c t to have been commit ted or to be in process of commission in any licensed premises or the appurtenances thereto at any time during the day or night may demand entrance

into such premises or appurtenances v i z . : —

( i . ) A n y Superintendent Inspector Sub-Inspector or Sergeant of

Pol ice

( n . ) A n y Senior Constable duly authorized by any general

authority under the seal of a Licensing Court

( i n . )	A n y Inspector appointed under this A c t
( iv . )	A n y Constable authorized in writing b y a Licensing Magis­
trate Justice or Superintendent of Pol ice

A n d if admittance be refused or unreasonably delayed to any such officer or constable as aforesaid himself so demanding entrance or to any con­

stable who shall accompany any other person as aforesaid who shall so demand any entrance any such constable may break into such premises with such assistance as may be deemed requisite A n d the licensee

tance to any person authorized under this section shall be liable to a	of the premises and every other person who refuses or delays admit­
penalty not exceeding ten pounds.

P A R T I I .

Licenses for the Sale of Liquor and provisions in respect thereto.

22. Noth ing in this Part shall apply to any person selling or

offering for sale—

( i . ) W i n e cider or perry in quantities of not less than two gallons

of any one kind o f such liquor at any one t ime Provided

that such wine cider or perry is the produce of fruit grown

within the Colony and is made b y the person selling or offer­ ing the same for sale and is not consumed or intended to be consumed on the premises where the same is sold or offered

for sale.

G (II.)

( i i . ) A n y spirituous or distilled perfume sold as perfumery only and not for drinking,

( i i i . ) L iquor in the Parliamentary Refreshment-room b y the

permission and under the control of the proper authority,

( i v . ) Liquors in any Military Canteen established under a permit

issued under the hand of the Minister (which permit the
Minister is hereby authorized to grant),

(v . ) Liquors in any Club-house provided that such liquors be so

sold only to members of such Club or offered only to such

members or their guests and in premises of which the
members are the bond fide owners or lessees,

( v i . ) Colonial wine at such refreshment rooms or stalls at the Rai lway Stations throughout the country as may be sanctioned

for that purpose by the Commissioner for Rai lways and

under regulations made by h im for that purpose.

Or shall apply to any

(vii .) D u l y registered apothecary chemist druggist or other person authorised by law in that behalf and administering dispensing or selling any spirituous or fermented liquors for medicinal purposes only,

(viii .) Importer or proprietor selling l iquor before the same is taken or landed from the vessel or conveyance in which the same has been imported into the Colony from parts beyond the Colony or before entry or after entry for warehousing

or after the warehousing thereof,

( ix . ) Licensed auctioneer in the bond fide exercise of his business selling or offering for sale b y auction liquor on account of another person.

23. The fol lowing descriptions of licenses for the sale of l iquor

may be granted under this Part v i z . —

Publicans l icenses—Packet l icenses—Colonial wine l icenses—

Booth or Stand licenses—six month licenses granted under

section thirty-nine A n d every such license (except booth

or stand and six months licenses) shall subject to the pro­

visions of this A c t be in force for one year from the date on
which the same shall have been granted and no longer.

21. A l l publicans licenses issued after the passing of this A c t may be in the form of the Second Schedule hereto and every such license shall authorise the licensee therein named to sell and dispose of l iquor but (subject to the provisions contained in section sixty-three hereof) only on the premises therein specified and betw rccn

six o ' c lock in the morning and eleven at night.

25. Packet licenses may be in the form of the Third Schedule

hereto and in accordance with the classification hereinafter prescribed and shall authorize the master of the vessel therein named to sell and dispose o f l iquor to any passenger on board such vessel during any voyage or passage but not until such vessel has left her berth

or moorings and has proceeded on her voyage or passage nor shall any

such license be available on board of any vessel while plying be tween places within the harbour of Port Jackson Provided that nothing in
this A c t contained shall extend to prevent any al lowance of l iquor
from being served out to the crew of any vessel by order of the master
thereof whenever such allowance is not forbidden b y any Customs or

other law in force for the t ime being.

26. Colonial wine licenses may be in the form of the Four th

Schedule hereto and shall authorize the licensee if the occupant of premises within the City of Sydney assessed at an annual value of fifty pounds per annum or of premises within any borough or municipal

district

district assessed at thirty pounds per annum or elsewhere of the value

or rental o f ten pounds per annum to sell and dispose of on the
premises in such license specified wine cider or perry the produce of fruit g rown within any Australasian co lony in quantities no t exceeding two gallons and not containing a greater proportion than twenty-six per cent, of p roof spirits hut only between the hours of seven in the morning and eleven at night.

27. A Colonial wine license shall not he granted to any person holding a license for a still under section nineteen of thirteenth Victoria number twenty-seven nor in respect of or exercised in any premises situated at a greater distance than one hundred yards from any road A n d for the purposes of this section the word " road " includes any proclaimed street road or highway of which the control and manage­ ment are vested in the Council of a Borough or Municipal District

or in Trustees and any public road made or maintained whol ly or

partly at the public expense.

28. Booth or stand licenses may he in the form of the Fifth Schedule hereto and shall authorize the licensee being also the holder

of a publican's license to sell and dispose of l iquor at any race regatta
cricket or rifle match athletic or other sports encampment fair or other lawful place of publ ic amusement for a period not exceeding seven days but not to exceed with any renewal or renewals thereof a period of twenty-eight clays Provided that every such license shall be subject to any conditions and provisions imposed b y the Licensing Court or Licensing Magistrate granting the application.

29. Every person wishing to obtain a publican's or Colonial wine

license under this A c t shall at least fourteen days before he shall apply to the Quarterly Licensing Court of such District deliver to the clerk of the Licensing Court for the District within which the premises are situated to which such license is intended to apply and to the District Inspector a notice in writing signed by such applicant setting forth the applicant's name calling and abode and shall also affix a like notice on the outer side or front o f the principal entrance door of the said premises there to be kept until the day upon which the said Court shall be holden Such applicant shall also publish a copy of such notice in a newspaper circulating in such District at least seven days before he shall so apply I n all cases the notice of application may be in such one of the forms in the Sixth Schedule hereto as shall be applicable or to the like elTect and shall be delivered in triplicate to the Clerk who shall immediately after the receipt thereof post or cause to be posted one of

the Court-house or building in which the Court is to be held Provided	such notices inside and another outside on some conspicuous part of
always that no such application shall be entertained where such applicant is an unmarried woman not being a widow.

30. Before a publican's license is granted for any house and

during the continuance of such license such house shall contain in addition to and exclusive of such reasonable accommodat ion for the family o f the licensed publican as the Court shall think requisite at least two moderate-sized sitting-rooms and four sleeping-rooms con­ stantly ready and fit for public accommodat ion and each such room in every house not licensed at the passing of this A c t shall contain not less than twelve hundred cubic feet air space and not be less than nine feet in height A n d during the continuance of such license every such house shall be provided with at least two decent places of convenience

on or near the premises for the use of the customers thereof so &s

to prevent nuisances and offences against decency and with stabling sufficient for four horses at least and with a sufficient supply of wholesome and usual provender for the same Provided that the Court may if they think proper by indorsement in writing upon any

certificate

certificate granted under this A c t dispense with the said stabling accommodat ion or such part thereof as they may think fit where the house is situated within the boundaries of the City of Sydney or o f any Borough or Municipal District.

31 . The holder of a publican's license granted under the A c t

hereby repealed shall before or on applying for a renewal or transfer thereof under the provisions of this Act lodge a statutory declaration with the Court which declaration shall be made by the applicant and shall state that in addition to the family accommodat ion to be therein described the requirements of the next preceding section in respect o f publ ic accommodat ion except the required height of rooms and stabling are complied with b y the premises for which the renewal or transfer is desired Provided always that the Court in their discretion may b y endorsement on the license extend the t ime within which such decla­ ration shall be lodged.

32. Every application for a packet license if in respect o f a

vessel plying to or from Por t Jackson shall be made to the Metro­ politan Licensing Court and if in respect of a vessel not so p ly ing shall be made to a Court holden within the Licensing District within which her usual port or place of departure or arrival is situated Applicat ions for packet licenses or for booth or stand licenses may be heard and determined b y a Licensing Magistrate as well as by a Licensing Court and need not be preceded by any notices.

33. A n y person desirous of obtaining a new publican's license

for premises proposed to be erected or for premises already erected

but requiring additions or alterations to make them suitable to be licensed under this A c t may before building such new premises or making such additions or alterations to premises already erected make a conditional application to the Court and in such case shall furnish the Court with a properly drawn plan showing the precise locality the number and size of the rooms and all other information necessary to enable the Court to fo rm a correct estimate of the utility of such proposed premises when completed A n d subject to the other provisions of this A c t in respect to applications for new licenses and objections thereto the Court may grant such conditional application and after recording the same in the b o o k o f proceedings of the Court may furnish a copy o f such record to the applicant and the granting of such conditional application shall remain in force until the comple­ t ion of such premises provided such complet ion shall be effected within twelve months from the date of such record and the plans so furnished shall be initialled by the chairman and deposited with the Clerk of the	Court and on the complet ion of such premises the District Inspector
shall after examination thereof certify whether (or not) they are c o m ­
pleted in accordance wi th the plans so furnished and if the Inspector shall certify in the affirmative a certificate for a publican's license shall be issued b y the court at its next sitting unless the Court shall be then satisfied that the character o f the applicant is objectionable provided that nothing herein shall affect the provisions o f the thirty- fourth section.
34. After the commencement o f this A c t the granting of a new publican's license or o f a certificate o f removal of a publican's license shall within the area o f every ward o f the City o f Sydney or of any Municipal i ty subdivided into wards as well as within the area o f every Municipal i ty not so subdivided be cont ingent upon the vote of the ratepayers o f such areas respectively to be ascertained in manner hereinafter provided I f such vote shall be in the affirmative the
grant of such new licenses or certificates of removal shall within any
such area be unaffected b y the provisions of this section for the term of three years f rom the date of the notification in the Gazette

announcing

announcing such vote but shall during such term be subject to all other provisions of this Act If such vote shall be in the negative no new publican's license and no certificate authorising the removal of a publican's license shall for a period of three years from the date of the notification in the Gazette announcing such vote in the negative bo granted for premises within the area in which the vote of the rate­ payers has been so given in the negative In and for every such area

as aforesaid the ratepayers vote may be exercised from time to time at

intervals of three years after the taking of the last effective vote but not oftener and shall in every case cease to bo operative after the expiration of three years from the date of the notification thereof in the

Gazette Provided always that nothing in this section contained shall

be applicable within any such area as aforesaid if no vote of ratepayers has been taken or if the voting is a nullity or shall prejudice or affect any person holding a publican's license for premises which have been destroyed or rendered uninhabitable by lire within twelve months before the commencement of this Act if such premises be rebuilt or restored in accordance with the provisions of this Act within one year after such commencement and if a publican's license be applied for in respect thereof within that period The voting of ratepayers within every such area as aforesaid as well as the announcement and effect thereof shall be governed by the conditions and provisions hereinafter declared viz. :—

(I.) At the first annual election of Aldermen to be held after the commencement of this Act in any Municipality (other than the City of Sydney) a vote of the ratepayers of such Municipality (if not subdivided) and of the ratepayers of cash ward of such Municipality (if subdivided) shall be taken for the purposes of this section on the day appointed for such annual election The first vote of such ratepayers shall be taken on the same day as that on which the annual election of Aldermen shall be held in the year one thousand eight hundred and eighty-two and every subsequent vote shall take place on the corresponding day at intervals of three years from the taking of the preceding vote.

(II.) The first voting of ratepayers within the City of Sydney shall be held within sixty days after the commencement of this Act The time and place for holding such first voting shall be appointed by the Mayor of the said City within twenty-eight days after such commencement and within the

said last-named period shall by such Mayor be notified in the	Gazette and six times in each of two daily papers published
in the said City The next voting of ratepayers within the said City shall take place at the annual election of Alder­ men of the said City to be held in the year one thousand eight hundred and eighty-five and all subsequent votings shall be held at the like elections but only after intervals of three
years from the last preceding voting so taken as aforesaid.

(III.) The voting of ratepayers in the said City and in every Municipality subdivided into Wards shall be taken for the several Wards but where a Municipality is unsubdivided at the time of taking the voting such voting shall be for the whole area of the Municipality existing at such time.

(IV.) For the purpose of taking the votes of ratepayers under this section voting-papers to be termed " Local Option Papers" shall be provided by the Mayor of the City of Sydney for the first voting of ratepayers under this section within the said City and by the Returning Officer for all

votings

votings of ratepayers in Municipalities and at all subsequent votings within the said City Such voting-papers shall he

in accordance with the form following—

" LICENSING- ACT OF 1882."

LOCAL OPTION VOTING-PAPER.

"Ward of City of Sydney or Municipality of

or Municipality of (if unsubdivided).

" Shall any new Publicans' Licenses or Removals of Publicans' Licenses

be granted in respect of premises situate within the above [ Ward or

Municipality]	for the period of three years from this date ? "
[Voter 's	Answer.]

YES.

NO.

Directions.

The Voter must strike out the word " Y e s " if he desire to record

his vote against increasing the number of public-houses within the area

referred to If he do not desire so to record his vote he should strike out
the word " No."

And all such voting-papers shall at elections where a polling takes place he on blue forms otherwise they shall be on ordi­ nary paper.

(v.) Such Mayor or Returning Officer shall cause to be delivered to the presiding officer at each polling place appointed for the holding of such annual election or the taking of such voting as aforesaid so many of such " Local Option Papers" signed

by himself on the back thereof as shall be equal to the
number of the electors on the roll for the time being of the

said City "Ward or Municipality,

(VI.)	Whether at any such annual election as aforesaid a poll shall be required to be taken or not the persons who in case of
a contested election would be required to be in attendance
at the several polling places shall be in attendance for the purpose of taking the votes of ratepayers under this section And for the first voting hereunder in the City of Sydney the
like persons also shall be in attendance at such polling places
for such purpose In like manner all persons who are required
by law to furnish ballot-papers to electors entitled to vote at
annual elections shall furnish to each voter demanding the same one " Local Option Paper."

(VII.) Every voter receiving such "local option paper " shall for the purpose of voting under this section deal with the same in accordance with the directions contained therein And thereupon he shall pursue the same course in respect to such paper as he would be required by law to pursue

in respect to ballot-papers at Municipal Elections And if such voter be blind or unable to read the proper officer

shall take the same course for the purpose of permitting such voter to vote under this section as is prescribed by

law in respect to blind or illiterate voters at annual elections
in Municipalities.

(VIII.) If the voting under this section shall take place on the occasion of a contested municipal election the voter if he desire to vote hereunder shall be furnished with the local

option paper to which he is entitled at the same time as he

receives his ballot-paper or papers but in that case he shall

deposit

deposit the local option paper in a separate ballot-box which shall be provided for that purpose If the election be not a contested one or in case of the first voting in the City of Sydney under this Act the local option papers shall be dealt with in all respects (subject to the provisions of this Act) as if they were ballot-papers And no questions shall be asked of a voter in respect of his voting hereunder except the following " Are you the person named as number

on the roll for Ward or this Municipality" And

such questions shall not be asked of any voter who shall have been asked and have duly answered the question or questions by law permitted in the case of voters at Municipal elections.

(IX.) All the provisions of the Acts relating to Municipalities and to the Corporation of the City of Sydney so far as they regulate or prescribe the qualifications and disqualifications of electors the mode and place of holding elections of appointing polling places the mode of voting and the punish­ ment for giving a false answer to questions shall subject to the provisions herein contained apply respectively to voting and voters at and to all officers taking part in respect of the voting of ratepayers for the purposes of this Act.
(x.) If after the first taking of the ratepayers vote hereunder in any Municipality a new or additional Ward shall be appointed therein or if after the taking of such vote a new Munici­ pality shall bo constituted either by union or severance embracing the area or part of the area of the Municipality in which such vote shall have been taken then a new vote here­ under shall be taken at the first annual election of Aldermen for such Ward or new Municipality and such vote shall super­ sede the vote (if any) first taken in respect of such Ward or the area comprised in such new Municipality as the case may be.
(XI.) In case no voting for Aldermen shall take place at any election at which a ratepayers vote under this Act ought to bo taken such vote shall be taken at the next annual election of Aldermen for the Ward or Municipality in which no voting took place and in such case the interval of three years shall be reckoned from the date of the taking of an effective vote of ratepayers hereunder.

(XII.) The result of every voting hereunder shall be ascertained as

follows—
If a number of votes in the negative shall be given equal to

of votes polled the ratepayers option shall be held to have	or exceeding eleven-twentieths of the aggregate number
been exercised in the negative otherwise such option shall be held to have been exercised in the affirmative In the former case the restriction upon new publicans licenses or removals will take effect in the latter case the voting will have no effect upon such licenses or removals.

The officers to count and otherwise deal with the votes shall be those who at ordinary municipal elections would bo the proper officers to ascertain the poll but no scrutineers shall be required in respect of such votes.

(XIII.) As soon as practicable after the taking of such ratepayers votes in pursuance of the provisions of this section the Returning Officer or other person before whom the election is held shall declare the result of the voting and shall thereupon certify under his hand to the Minister the number of votes polled in the negative and the number polled in the affirma­ tive And the Minister shall within seven days after the

receipt

receipt of such certificate cause the same to he notified in the

Gazette Upon such notification the result of such voting

shall he judicially noticed by all Licensing Courts and Magis­ trates of the Licensing District "within which the said voting

was taken and to which the same applies.

(XIV.) All expenses incurred in the City of Sydney or in any Municipality in carrying out the requirements of this section shall he defrayed from the same fund and paid in the same manner as expenses therein respectively incurred in carrying out the requirements of the civic or municipal law in respect to voting at annual elections.

35. Notwithstanding any vote in the negative taken in and for any area as aforesaid declared and notified under the next preceding section the Licensing Court may grant licenses under this Part for hotels within such area containing not less than twenty rooms suitable for public accommodation in addition to the standard accommodation hereinbefore prescribed But no vote in the affirmative so taken declared and notified shall make it compulsory for the Licensing Court to grant any new publicans' licenses for premises within the area to which such vote is applicable.

36. Objections to the granting of any license under this Part

may be made either personally or by petition to a Licensing Court or
Licensing Magistrate (as the case may be) by—

(I.) Any three or more residents of the Licensing District within

which the premises arc situated or by the owner of such
premises

(II.) Any other applicant for a similar license or person holding

a similar license in the "Ward or Municipality in which the

premises are situated

(III.) Any District Inspector or member of the police force in charge of the District or place in which the premises are situated or any person authorized by any such Inspector

And any one or more of the following objections may be taken to the granting of any such license—

(I.) That the applicant is a person of drunken or dissolute habits or otherwise of bad repute
(II.) That his license has within the twenty-four months preceding the date of application been cancelled
(III.) That the applicant has been convicted of selling liquor with­ out a license or of selling adulterated liquor within a like period as aforesaid from date of application

(IV.) That the premises have not the minimum standard of accommodation prescribed by this Act for such premises

(v.) That the reasonable requirements of the neighbourhood do not justify the granting of such license

(VI.) That the premises are in the immediate vicinity of a place of public worship hospital or public school
(VII . ) That the quiet and good order of the neighbourhood in

which such premises are situate will be disturbed if a license
be granted

And the objections which may be taken to the renewal transfer or removal of any such license may be any of the grounds of objection hereinbefore specified which the said Court or Magistrate may consider applicable Provided always that upon any application whether for the grant renewal removal or transfer of a license any objection what­ soever not being a frivolous or vexatious objection maybe taken which appears to the Licensing Court or Magistrate to bo sufficient Any such applicant upon objections being raised at the hearing of which previous notice has not been given to him at least three days

before

before such hearing shall he entitled to an adjournment thereof In this section the word " premises" means the building or premises for or with reference to which the particular application is made.

37. If the Court shall decide to grant an application they shall issue to the applicant a certificate in such one of the forms in the said Seventh Schedule hereto as shall be applicable or to the like effect and shall cause to be transmitted to the Colonial Treasurer or to the Officer appointed by him to be a receiver of license fees a duplicate of such certificate.
38. If the Court shall refuse to grant any application they may order payment of a sum to meet the reasonable costs and expenses of the opposing party to be made to such party by the unsuccessful applicant And if the opposition to any application shall appear frivolous or malicious the Court may order payment of a sum to meet the reasonable costs and expenses of the successful applicant to bo made to him by the opposing party.

39. Notwithstanding the provisions hereinbefore contained it shall be lawful for the Governor from time to time by notification in the Gazette to declare any gold field or other district or area not situate within a Licensing District to be a Special District wherein by reason of exceptional conditions publicans licenses may be granted under this section All applications for or in respect of such licenses may be heard and determined at any time by any Police or Licensing Magistrate and without compliance with the requirements of section twenty-nine of this Act Licenses under this section may be either for a year or for six months from the date of issue and the fee for a license shall be the same as for an ordinary publican's license or a moiety thereof for a six months license all such licenses shall be subject to such conditions and provisions as shall be prescribed by regulations.

40. The following fees shall be paid annually in respect of licenses under this Part viz.—

(I.) For Publicans' licenses the sum of thirty pounds.

(II.) For packet licenses—

(a.) Class I Passenger Vessels of or above one thousand tons registered tonnage—fifteen pounds.
(b.) Class I I Passenger Vessels of less than one thousand and

more than two hundred and fifty tons registered tonnage
—ten pounds.

(c.) Class I I I Passenger Vessels of less than two hundred and fifty tons registered tonnage three pounds.

(III.) For a Colonial wine license three pounds.

(IV.) For a Booth or stand license two pounds.

41. The refusal of an application for a license under this Part

or for the renewal transfer or removal of any such license shall not prevent a like application being subsequently made in respect of the same premises or subject matter But if an application for such license or for a renewal thereof is refused after a previous refusal of a like application and in respect of the same premises within the period of three years from the date of such first application then no such license or renewal in respect of such premises shall be granted until after the expiration of three years from the last refusal Upon the refusal of an application the Court shall at the time of such refusal state the reasons therefor.

42. Every licensee under this Part other than for a booth or stand shall subject to objection as hereinbefore provided be entitled to obtain a certificate authorizing the renewal of his license on pro­ ducing such license subject always to the payment to the proper officer of the annual fee payable in respect of such license Provided

H always

always that such license has not been allowed to expire or has

not been forfeited or cancelled or become void But the Court may refuse to grant a certificate of renewal of any license if it shall be proved that such license is liable to be forfeited or cancelled under any of the provisions of this Act No licensee applying for

a renewal need attend in person before the Court unless a written
notice of an intention to oppose such renewal shall have been served

upon him at least three days before the holding thereof But the Court

may nevertheless on an objection being made adjourn the granting of any renewal to a future day and require the attendance of the licensee on such day when the case shall be heard and the objection considered
as if the notice hereinbefore prescribed had been given The provisions

hereinbefore contained as to hearing of applications objections costs giving of notices and re-hearing shall apply to applications for renewals

as if such provisions were here re-enacted but with such alterations (if any) as the circumstances of the case may require in the opinion of
the Court.

43. A Licensing Magistrate may on application in writing by the intending transferor and transferee transfer at any time the license of any licensee (other than a booth or stand license) to such transferee if approved of by him by an endorsement upon the license in the form in the Eighth Schedule hereto or to the like effect And where a licensee has been legally evicted from any licensed premises such Magistrate may notwithstanding the non-production of the license therefor grant on the application in writing of the owner of the premises and the proposed transferee a special certificate of transfer of such license to such transferee For every such endorsement or special certificate a fee of two pounds shall be paid Every transferee shall until the end of the year for which the license shall have been granted possess all the rights of the original licensee and shall be liable to the same duties obligations and penalties as if such license had been originally granted to him The license shall immediately after the said endorsement be deposited with the clerk of the Licensing Court of the District or with the licensing Magistrate (who shall give the transferee a receipt therefor) and be retained by him until the granting or refusal of the license to be applied for by the transferee as aforesaid and in the event of a refusal of the license the right to and interest in the said license (if any) shall revert to the transferor.

44. No removal of a publican's license from one Licensing District to another shall be lawful but if any holder of a publican's license shall desire to remove his license from his licensed premises	to any other premises in the same Licensing District he shall give
notice in the form in the Ninth Schedule hereto or as nearly in
accordance therewith as possible of his intended application in the same manner as notice is required to be given of an application for a license A copy of the notice shall be personally served by the appli­ cant upon or sent by registered letter to the owner of the premises from which the license is to be removed And the same objections may so far as applicable be made to the removal of a license as to the grant of a license The Licensing Court shall not make an order of removal unless satisfied that no valid objection to such removal is made by the owner of the premises to which the license is attached If the application be granted an endorsement may be made upon the license in the form in the Tenth Schedule hereto and the license so endorsed shall have the same effect as if it had been originally granted in respect of the premises specified in such endorsement but as to the original premises the said license shall be deemed to be cancelled.
45. If the premises of any licensed publican shall by fire tempest or other calamity be rendered unfit for the carrying on of his

If application is made to a Licensing Magistrate alter the form accordingly.

TWELFTH SCHEDULE.

LICENSING ACT OF 1882.

Certificate to authorize the issue of a Brewer's or Spirit Merchant's License.

I THE undersigned being the Chairman of the Licensing Court holden at

on the	day of	one thousand eight hundred and	do hereby
authorize the issue to	of a	license for [here state all	particulars

as to applicant premises and description of l i c e n s e . ]

Given under my hand and seal the day of one thousand eight

hundred and

( L . S . ) A.B. Chairman &c.

No. XV.