Licensing Acts Amendment Act 1897 (NSW)

Act No. 17, 1897.

An Act to enable licensing' courts and licensing magistrates to grant or refuse any application

for a brewer's or spirit merchant's license ; to
provide that the business of the holder of any such license shall be carried on only on premises described in the license or in an endorsement made thereon by such court or magistrate ; to enable a married woman who has obtained a protection order or judicial separation, or a woman whose marriage has been dissolved, or whose husband is an insane patient, to obtain a publican's or colonial wine license ; and for those purposes and purposes incidental thereto to amend the Licensing

Acts, 1882-1883. [1st December, 1897.]

Assembly of New South Wales in Parliament assembled, and by the	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative
authority of the same, as follows :—
1. (I) On application being made for a brewer's or spirit mer­ chant's license, the licensing court or licensing magistrate may issue or refuse to issue a certificate under section sixty-eight of the Principal
Act.
The certificate, if issued, shall entitle the applicant upon pay­ ment of the fee prescribed by the said Act to a license in the prescribed form and according to the tenor of the certificate.
The certificate and the license shall describe the premises on which the business of brewer or spirit merchant may be carried on.
Any holder of a brewer's or spirit merchant's license, who is desirous of carrying on his business in premises other than those described in the license or in the endorsement last made thereon, as the case may be, may apply in the form prescribed to a licensing court
or licensing magistrate, and the said court or magistrate may, by
endorsement on the license in the form prescribed, authorise the business to be carried on in such premises as may in the discretion
of the said court or magistrate be thought fit. (II)

(II) I f any holder of a brewer's or spirit merchant's license

carries on business as a brewer or spirit merchant in premises other than those described in the license, or, when the license has been endorsed as hereinbefore provided, in premises other than those described in the endorsement last made on the license under the authority of this section, be shall be liable to the penalties imposed
by section seventy of the Principal Act on a person carrying on the
business of a brewer or spirit merchant without holding a proper
license under the said Act applicable to such business.
2. A married woman who has before or after the day when, this Act takes effect obtained a protection order under the Act twenty-
second Victoria number six may obtain, by grant or transfer, a
publican's or colonial wine license under the Licensing Acts, 1 8 8 2 -
18S3, and any renewal of the same :
Provided that no license shall be granted or transferred under this section if the married woman has since the making of the protection order cohabited or resided with her husband :
Provided also that if the married woman after the grant or transfer

to her of the license cohabits or resides with her husband, the license

shall, if not transferred within three months after such cohabitation or
residence, lapse at the expiration of the said three months.

3 . A married woman who has before or after the said day

obtained a decree of judicial separation may obtain by grant or transfer a publican's or colonial wine license under the Licensing Acts, 1 8 8 2 -
1883, and any renewal of the same :
Provided that no license shall be granted or transferred under this section if the married woman has since the decree cohabited with
or not lived separate from her husband :
Provided also that if the married woman after the grant or

transfer to her of the license cohabits or lives with her husband, the

license shall, if not transferred within three months after such cohabita­
tion or living together, lapse at the expiration of the said three months.

married woman whose husband has before or after the said day become,	decree absolute dissolving her marriage may, if she is unmarried, or a 4 . A woman who has before or after the said day obtained a
and is at the time of the transfer, grant, or renewal hereinafter mentioned, an insane patient within the meaning of the Lunacy Act Further Amendment Act of 1893 may obtain by grant or transfer a publican's or colonial wine license under the Licensing Acts 1882-1883, and any renewal of the same : Provided that nothing in this section shall affect the provisions of section seventeen of the Principal Act.
5. This Act shall be construed as one with the Licensing Act of 1882 (herein called the " Principal A c t " ) and the Licensing Act of 1883, and may be cited as the " Licensing Acts Amendment Act, 1897 ."

Act