Licensing Act of 1883 No 16a (NSW)

Principal Act shall be wholly repealed that is to say—so much of section

No. XXIV.

An Act to amend the ''Licensing Act of 1882."

[2nd May, 1883.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative	Assembly of New South Wales in Parliament assembled and by the
authority of the same as follows : —

1. On the passing of this Act the following sections and parts

of sections of the " Licensing Act of 1882 " hereinafter called the

section ten as is contained in sub-section (xn . ) thereof—so much of section thirty-six as is contained in the first sub-section (n.) thereof— section forty-seven—so much of section seventy-three as permits the premises of a licensee to be disqualified from receiving a license in certain cases—and the whole of sections eighty-eight and ninety-two

And the following sections of the said Act are repealed so far as they
are inconsistent with or repugnant to the provisions of this Act—that is to say—sections five six eighteen twenty-six thirty thirty-six thirty- seven seventy-two and seventy-three in addition to so much of section thirty-four as is hereinafter declared to be repealed But no repeal by virtue of this Act shall prejudice or affect the past operation of any enactment hereby wholly or in part repealed or any right lawfully created offence committed proceedings commenced or penalty incurred

thereunder.

2. After the commencement of this Act the Governor may

alter the boundaries of and subdivide the Metropolitan Licensing

District in the same manner as any other Licensing District Provided that the Metropolitan Police District shall always be contained within the Metropolitan Licensing District.

3. In respect to the constitution jurisdiction and powers of Licensing Courts and Licensing Magistrates the following provisions shall take effect viz.—

( T . ) Notwithstanding any alteration in the constitution of a Licensing Court by reason of the death removal absence or resignation of any of its members the jurisdiction conferred by the Principal or this Act on such Court may be lawfully exercised by a quorum of such Court which quorum in the absence of the Police or Licensing Magistrate may be com­ posed of any two members of the Court.
(n.) A Licensing Court may in the absence of a quorum be

adjourned by any member of the Court present to such time
as he shall think fit.

( in.) In any Licensing District except the Metropolitan the Governor may by n otitic ition in the Gazette appoint any person to be a Deputy Licensing Magistrate of such Court

And such Deputy may exercise all the powers vested in and

shall perform all the duties cast upon a Licensing Magistrate by the Principal Act or this Act in case of the death removal resignation or absence of such Licensing Magistrate.

4. Any notice under the Principal Act or this Act may be

partly or Avholly in writing or in print	Every notice of objection to
an application under either of the said Acis shall be signed by every	objector (with his address added) and shall be left with the person to
whom such notice is directed or if he cannot conveniently be met with may be left with some person for him at his last or most usual place of abode so as to give him an interval of at least three clear days before the time appointed for the hearing or disposal of the matter referred to in the notice.
5. Notwithstanding anythingto the contrary contained in section forty-two of the Principal Act it shall not be necessary after the passing
of this Act that any licensee applying for a certificate authorizing the
renewal of his license (other than a booth or stand license) shall give any notices of his intention so to apply except to the Inspector for the district appointed under the said Principal Act and such notice shall be delivered to the said Inspector ten days prior to the holding of the Licensing Court at which the application is to be heard.
G. Any member of the police force of the rank of " senior constable" may be appointed an Inspector of a Licensing District under and for the purposes of section eighteen of the Principal Act.

7. The provisions of section twenty-one of the Principal Act

shall be applicable as well to any breach of this Act as of the Principal

Act But in no case shall any person be liable to the penalty pre­

scribed by the said section for delaying admittance within the meaning
of that section unless such delay be wilful.
8. Any sale of liquor made by the master of a vessel who holds a packet license or by any of the officers or crew of such vessel with such masters privity or consent while such vessel is at any wharf anchorage or moorings or while such vessel is plying between places within any harbour of the Colony shall subject the master officer or member of the crew selling such liquor to a penalty not exceeding five pounds for the first and not exceeding ten pounds for the second or any subsequent offence And every sale of liquor on board such vessel under the circumstances aforesaid shall be deemed to be a sale by the

master until the contrary be proved.
9. Notwithstanding anything in the thirtieth section of the Principal Act where an application for the grant renewal or transfer of a publican's license is made in respect of a house situate ten miles or more by the nearest practicable highway from the nearest licensed public-house and the Licensing Court or Magistrate shall be satisfied

that such house contains ready and fit for public accommodation in

addition to the accommodation mentioned in the said Act for the licensee's family four good and substantial sleeping rooms each having not less than six hundred cubic feet of air space and one good and sub­

stantial sitting room having not less than twelve hundred cubic feet of

air space the applicant shall subject to all other provisions of the Principal Act as amended by this Act be entitled to such grant renewal or transfer as the case may be.

10. The twenty-sixth section of the Principal Act and the fourth Schedule thereto arc amended by the substitution in each case of the word " thirty" instead of the word " twenty-six."
11. If it appears to the Quarterly Licensing Court referred to in the twenty-ninth section of the Principal Act that the premises in respect of which a publican's license is applied for is actually required
for the accommodation of travellers it shall be lawful for the said
Licensing Court if they think proper to reduce the fee payable for such license to fifteen pounds Provided that the provisions of this section shall not apply to any premises which are accessible by any practicable roadway to any licensed premises situate within ten miles of such first- mentioned premises.

12. The ground of objection provided for by sub-section (iv.)

of section thirty-six of the Principal Act shall not be entertained as a	ground of objection to the renewal of any publican's license granted
under the provisions of the ninth section of this Act so long as the accommodation contained in the premises covered by such license is maintained up to the standard provided for in the said last-mentioned section.

13. So much of section thirty-four of the Principal Act as

(i.) Makes the granting of new publican's licenses and the removal

of publicans' licenses subject to the determination of the

ratepayer's vote by one answer on the voting paper.

(n.) Provides that nothing therein contained shall be applicable if no vote of ratepayers has been taken or if the voting is a nullity.

(in.) Prescribes the form of local option papers and the directions

to voters.

(iv.) Is contained in the sub-section numbered (xi.) and

(v.) As requires or might be construed to require that each rate­

payer's vote should by one answer (in the affirmative) or

negative)

negative) on the voting paper operate at the same time both in respect of the granting of new licenses and of removals of licenses

is hereby repealed And after the commencement of this Act the

folloAving provisions and directions shall take effect that is to say—

(a)	Each ratepayer's vote shall continue to be given by a single voting paper but the answers of the voter shall be placed severally against each question and within the division of the voting paper allotted to such question and answer in accordance with the subjoined form.
(b)	The scale or proportion of votes prescribed by sub-section

(xn . ) of the Principal Act shall be applied to the deter­ mination of each of the questions contained on the A"oting

paper with the same result upon new licenses and removals

of licenses respectively and seA rerally as is provided by the
said sub-section in respect of HCAV licenses and removals

collectively.

(c) The result of the voting shall be ascertained and declared severally in respect of (1) the grant of IICAV licenses and

(2) the removal of licenses.

(d)	Whenever no ratepayer's Arote has been taken under the said thirty-fourth section as hereby amended or the Aroting is a nullity such vote shall be taken at the next annual election of Aldermen for the Ward or Municipality in question And the interval of three years shall in all such cases be reckoned from the taking of an effective rate­ payer's vote.
(e)	All references in the Principal Act to the provisions of the said thirty-fourth section shall be read as applying to the said section as amended hereby.

F O E M OF L O C A L OPTION V O T I N G - P A P E R .

Ward of City of Sydney or Municipality of or

Municipality of (if unsubdivided).

DIVISION A

1. Shall any new Publicans' Licenses be granted Voter's answer.

in respect of premises situate within the above

[Ward or Municipality] for the period of three	YES.
years from this date ?	NO.

DIVISION 13

2. Shall any Removals of Publicans' Licenses be Voter's answer.

granted in respect of premises situate within

the above [Ward or Municipality] for the	YES.
period of three years from this date ?	NO.

Directions.

If the Voter desires to vote against the granting of new licenses ho should strike out the word " Yes" in division A If he desires to vote for the granting of new licenses ho should strike out the word " N o " in

the same division A If he desires to vote against the granting of removals of licenses he should strike out the word " Yes" in division B
If he desires to vote for the removal of licenses he should strike out

the word " N o " in the same division B.

14. After the commencement of this Act the folloAA'ing amend­

ments of the thirty-sixth section of the Principal Act shall take effect

that is to say—the word " twelve" shall be substituted for the words

" tAventy-

" twenty-four" in the second sub-section (n.) and the matter specified in sub-section (v.) shall not be a ground of objection to the renewal

of any license referred to in the said section.

15. Instead of causing duplicates of certificates authorizing the issue of Licenses under Part I I of the Principal Act to be transmitted to the Colonial Treasurer or officer appointed by him to be a receiver

of license fees as provided by section thirty-seven of the said Act the

Court shall cause lists of such certificates under the seal of the said Court specifying the situation and sign or name of each house and the

street road or place where it is situated to be transmitted to the said

Colonial Treasurer.
16. If during the currency of any license under Part I I of the Principal Act or on its expiration by forfeiture cancellation or other­ wise any owner of licensed premises sball come into legal possession
of such premises to the exclusion of the licensee a Licensing Magis­
trate may grant certificate under the thirty-seventh section of the

Principal Act or a special certificate of transfer under and subject to the provisions of the forty-third section of the said Act in like manner as if the licensee had been legally evicted from such premises And for the purposes of this section " owner" means the person for the time being entitled to receive the rent or profits of the licensed premises.
17. Every holder of a publican's license shall keep a lamp to be lit with gas where practicable and to have an illuminating power equal to two ordinary candles at least when lit with gas or oil and to be fixed over the door and outside the wall or building line of the licensed premises or within twenty feet thereof If the licensed premises of such holder are situate within the boundaries of the City

of Sydney or of any borough or municipal district such holder shall

keep his lamp burning every night from sunset to the hour of closing his premises but if such premises are situate outside the boundaries of the said city and of any borough or municipal district such holder shall keep his lamp burning every night from sunset to sunrise Every such holder failing to comply with the requirements of this section shall for every such failure be liable to a penalty not exceeding forty shillings.

18. A permit may be granted by the Licensing Court or by a Licensing Magistrate to the holder of a publican's or Colonial wine license authorizing the holder thereof for the period named in such permit to supply with liquors authorized by the licenses respectively

on the days and during the hours allowed by law any persons being

bond fide members or invited guests of members of any amateur

musical or dramatic society or club present at any concert or enter­
tainment given by such society or club and held in any room attached

to the licensed premises of such holder although not part of such
licensed premises.

19. Notwithstanding anything contained in the Principal Act the Governor-in-Council may sanction and issue a license for the sale of liquor at such refreshment rooms or stalls at such railway stations as he may deem fit and the fee for every such license shall be the same as for a publican's license under the Principal Act and such license and the holder thereof shall be subject to such regulations and such penalties as the Governor-in-Council may make or impose Provided that all such regulations shall be laid before Parliament within fourteen days of their promulgation if Parliament be then

sitting or within fourteen days after the commencement of its then

next Session.

20. If in any proceedings against the holder of a license for infringing the provisions of the sixty-thirty section of the Principal
Act such holder (hereinafter referred to as the defendant) fails to prove

that

that the person to whom thel iquor was sold or supplied (hereinafter
referred to as the purchaser) was a bond fide traveller but the Court hearing the case is satisfied that the defendant believed that the pur­ chaser was a bond fide traveller the Court shall dismiss the case as
against the defendant and if such Court thinks that the purchaser
Falsely represented himself to be a bond fide traveller the Court shall direct proceedings to be instituted against such purchaser under the sixty-fourth section of the Principal Act And in place of the penalty provided by the Principal Act for false representation the penalty shall be a penalty of not less than five pounds and not exceed­ ing ten pounds And no person shall for the purposes of this Act or the sixty-third section of the Principal Act be deemed to be a bond fide traveller unless the place where lie lodged during the preceding night is if in the County of Cumberland at least twenty miles and if in any other part of the Colony at least ten miles distant from the place where he demands to be or is supplied with liquor such distance to be calculated by the shortest practicable route along or over any public highway or thoroughfare or by or across any arm of the sea inlet l iver or creek between the place of lodging and of supply.

21.   No holder of a publican's license shall be compelled to supply

liquor to any person representing himself to be a traveller within the meaning of the sixty-third section of the Principal Act and requiring to be supplied with liquor at any time during which the general sale
of liquor is prohibited by law but if such holder elect to supply
liquor then the person requiring the same shall on demand by such holder give his true name and address and place of lodging during the preceding night And if any person so requiring to be supplied with liquor shall not on such demand give his true name and address and place of lodging during the preceding night or shall give a false or fictitious name or address and place of lodging during the preceding night such person shall be liable to a penalty not exceeding five pounds.
22. In any proceedings under the sixty-third section of the Principal Act against the holder of a license for selling or permitting the sale of liquor or the drinking or consumption of liquor on his premises it shall be no defence to prove that such holder himself took or carried or employed or sulfercd any other person to take or carry such liquor out of or from such premises for the purpose of being sold for such holder's benefit or profit and of being drunk or consumed in any other house or in any tent shed or other building of any kind
Avhatevcr in the occupation of such holder or in any public place or
public thoroughfare but in all such cases such liquor shall be deemed
to have been drunk or consumed by the purchasers thereof on the
licensed premises of such holder and with his privity and consent.
23. A brewer's license under Part I I I of the Principal Act shall be deemed to authorize the holder to carry on the trade of a brewer as defined in the said Act and to sell any liquor which he is by law authorized to make (but no other liquor) in quantities not less than two requited gallons at any one time of the same; kind of liquor And any holder of a brewer's license who shall sell less than two reputed gallons of the same kind of such liquor at any one time shall be liable to a penalty not exceeding fifty pounds And any such license or any
spirit merchant's license may be transferred by a Licensing Court or
Licensing Magistrate by endorsement thereon of the transfer on an application in writing signed by the intending transferror and trans- ferrcc or their duly appointed agent or agents on payment of a fee of
two pounds.

21. A license granted under the Principal or this Act shall not

be liable to cancellation under the seventy-second section of the

T Principal

Principal Act unless the holder thereof shall he proved to have been thrice convicted after the passing of this Act within three years of an offence punishable under the said Act as amended by this Act.

25. Any person who shall use or engage for the purposes of prostitution any portion of any licensed premises may be forthwith ejected from such premises by the licensee or the person for the time being the manager or in charge of the said licensed premises and shall

on conviction of having so used or engaged such portion of any such
premises be liable to a penalty not exceeding ten pounds.

2G. No conviction for an offence under sections forty-seven fifty-one seventy-seven eighty-two or eighty-six of the Principal Act or under section seventeen of this Act shall he reckoned among the convictions in respect of which a license under the Principal Act is liable to cancellation or a licensee thereunder liable to disqualification as provided by section seventy-three of the said Act.
27. Upon complaint on oath before a Licensing Magistrate or any Justice that the complainant suspects and believes that any holder
of a Colonial wine license under the Principal Act has sold any liquor

which he is not authorized to sell in terms of his Colonial wine license on the premises specified in his license and on reasonable grounds being shown for such suspicion and belief such Magistrate or Justice may grant a warrant to any constable to enter and search such premises whereupon such constable and Magistrate or Justice shall be authorized to exercise all the powers conferred on a constable Magistrate or Justice by section eighty-three of the Principal Act as in the case of liquor kept for the purpose of being illegally sold within the meaning

of the said section And all other provisions of the said section shall

be applicable to and may be carried out in respect of any proceedings

taken under this section.

28. If any holder of a license under the Principal Act shall be convicted of felony or of any offence for which he shall be sentenced to imprisonment with hard labour on the roads or other public works of the Colony his license may be cancelled by the Licensing Court Provided that such Court may on the application of the wife of the holder so convicted or of any of his family above the age of twenty- one years or of the owner of the premises to which the license applies transfer the license to such wife or to some member of the family or to some other person approved by such Court And for the purposes of

this section " owner " means the person for the time being entitled to
receive the rent or profits of the licensed premises.

29. In addition to the jurisdiction conferred by the ninety- first section of the Principal Act in certain cases upon the Court of
Petty Sessions nearest to the place where the offence was committed or

the penalty or forfeiture Avas incurred every such Court of Petty Sessions shall after the commencement of this Act have concurrent jurisdiction with the Licensing Court to hear and determine every information or complaint under the Principal Act or the regulations made thereunder or under this Act except in cases where the holder of a license is summoned to show cause against the cancellation thereof or where the Court might order a license to be cancelled or forfeited or a licensee to be disqualified And the provisions of the said section shall be applicable in the exercise of the extended jurisdiction conferred
by this section.

30. Any person aggrieved by any adjudication of a Licensing Court or Court of Petty Sessions made under the Principal or this Act where the adjudication complained of is not the refusal of a certificate

for the granting reneAval transfer or removal of a license under Part 11
of the Principal Act or the cancellation or forfeiture of a license or the refusal of a permit under section fifty-one of the Principal Act or section

eighteen

eighteen of this Act may appeal against such adjudication to the next Court of Quarter Sessions holden in the Licensing District where the adjudication complained of was given unless such Quarter Sessions shall be holden within fourteen days from the date of such adjudication in which case theappealshall be to the then next following Quarter Sessions Such Court shall have power to hear and determine the matter of the appeal in a summary way and shall have and may exercise all powders conferred by the third section of the Act fifth William the Fourth number twenty-two and the decision of the Court shall be final and conclusive Provided always that the appellant shall have given at least seven days notice before the hearing of such appeal of his intention to appeal and stating the grounds thereof to the Chairman of the Licensing Court of the said district or to some one of the adjudicating Justices and to the officer or other person prosecuting (if any) And provided always that such appellant (in case a penalty or sum of money shall have been awarded to be paid by him) shall pay into the hands of such Chairman or Justice the full amount thereof together with the costs awarded within one week next after adjudication and shall within the same period enter into a bond with two sureties approved by such Chairman or Justice conditioned to prosecute such appeal with

effect and to abide the result of such appeal and to pay the full amount
of all such costs as may on such appeal be awarded against him.
31. If any guest or lodger shall leave any licensed premises without first paying a reasonable sum for his accommodation the licensee of such licensed premises may with the consent of a Licensing Magistrate and upon, such Magistrate being satisfied by affidavit or
statutory declaration of the amount of debt after the expiration of three months from the date of such guest or lodger absconding having
first given fourteen days notice by an advertisment in some news­ paper circulating in the police district within which such licensed premises are situated proceed to sell by public auction all goods chattels and effects as may have been left in the custody of such licensee by such guest or lodger and any excess that may be realized over and above the amount of such indebtedness and expenses shall be paid over to the Consolidated Revenue Fund in trust for such person or persons as may thereafter be proved to the satisfaction of the Colonial Treasurer to be entitled thereto.

32. This Act may be cited as the "Licensing Act of 1883"

And the "Licensing Act of 1882" and this Act when referred to
collectively may be cited as the "Licensing Acts 1882-1883."