Liquor Act 1898 (NSW)
Act No. 18, 1898.
An Act to consolidate the Laws relating to
Publicans and other Persons engaged in the
sale of Liquor. [27th July, 1898.]
Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :—
BE it enacted by the Queen's Most Excellent Majesty, by and with
PAET I.
Preliminary.
1. This Act may be cited as the " Liquor Act, 1898," and is divided into parts, divisions, and subdivisions, as follows :—
PART I.—Preliminary.—ss. 1-3.
PART II.—Licensing districts and licensing courts.
. DIVISION
DIVISION 1.—Licensing districts.—s. 4.
DIVISION 2.—Licensing courts— (1) Constitution of licensing courts.—ss. 5-8.
(2) Procedure before licensing courts.—ss. 9-10.
(3) Times for holding and adjournment of licensing courts.—ss. 11-12.
PART III.—Publicans'' and certain other licenses, and provisions
relating thereto.
DIVISION 1.—Exemptions from the provisions of this Part.-—s. 13.
DIVISION 2.—Publicans' and other licenses, and fees therefor.—ss. 14-22.
DIVISION 3.—Method and conditions of obtaining publicans' and
other licenses—
(1) Applications for licenses.—ss. 23-27. (2) Ratepayers' option.—ss. 28-29.
(3) Objections to the granting, &c, of licenses.—ss. 30-31. (4) Issuing of certificates and licenses and costs of application.—•
ss. 32-34.
(5) Publicans'' licenses in special districts.—s. 35.
DIVISION 4.—Renewed applications—renewal, transfer, and removal
of licenses—temporary licenses.—ss. 36-42.
DIVISION 5.—Rights, duties, and liabilities of licensees and other
persons.—ss. 43-70.
PART IV.—Brewers'' and spirit merchants' licenses.—ss. 71-76. PART V.—Death, marriage, or lunacy of licensee.—ss. 77-79. PART VI.—Inspectors—entry on licensed premises.—ss. 80-83. PART VII.—Cancellation of licenses—disqualification of licensees.—
ss. 84-87.
PART VIII.—Miscellaneous provisions.—ss. 88-105. PART IX.—Lega l procedure.—ss. 106-115. 2. The Acts specified in the First Schedule to this Act, to the extent therein expressed, are hereby repealed ; but such repeal shall not prejudice or affect the validity or duration of any certificate, license, permit, or authority lawfully granted under any such Act.
All licenses granted under any such repealed Act shall be held in all respects, and all renewals thereof shall be applied for, under and
subject to the provisions of this Act, unless hereinafter otherwise specially
provided for.Al l
All rules and regulations made under the authority of any Act hereby repealed and being in force at the passing of this Act shall be and continue in force hereunder, and shall be deemed to have been made under the authority of this Act.
3. In this Act, unless the context or subject matter otherwise indicates or requires,—
" Australasian Colony " includes, in addition to New South Wales,
the Colonies of Victoria, South Australia, Queensland, Tasmania,
Western Australia, and New Zealand :" Brewer" means any maker, for purposes of sale, of beer, ale,
porter, or stout, or of any other fermented malt liquor or any
fermented liquor made from sugar or other saccharine matter :
" Court" or " licensing court" means the licensing court of the licensing district in or with reference to which the term is
used :
" Inspector" means a district inspector or district sub-inspector appointed under this Act or under any Act hereby repealed :
" Justice " means a justice of the peace :
" Licensed premises " means the premises in respect of which a
license granted under this Act, or any Act hereby repealed,
is in force :" Licensed publican " means a person holding a publican's license granted under this Act or any Act hereby repealed :
" Licensee " means a person holding any license authorised to be granted under this Act or under any Act hereby repealed :
" Licensing district " means a licensing district proclaimed under this Act or under any Act hereby repealed :
" Licensing magistrate" means a police or licensing magistrate authorised to exercise the powers conferred by this Ac t :" Liquor" means and includes wine, spirits, beer, porter, stout, ale, cider, perry, or any spirituous or fermented fluid what
ever, capable of producing intoxication :
" Prescribed " means prescribed by this Act or by any regulation or rule made, or deemed to have been made, under the authority thereof : " Spirit merchant " means any vendor or exhibitor for sale, in any shop or premises, of liquor 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).
P A R T
P A R T I I . Licensing districts and licensing courts.
DIVISION 1.—Licensing districts.
4. The Governor may from time to time, by proclamation in the Gazette, alter the boundaries of any licensing district, or may sub divide the same into one or more districts, or may amalgamate any such district with one or more districts :
Provided that the metropolitan police district shall always be contained within the Metropolitan Licensing District.
DIVISION 2.—Licensing courts.
( 1 ) Constitution of licensing courts.
5. Licensing courts for the purposes of this Act, but subject nevertheless to any special provisions hereinafter contained, shall be composed of appointed and official members, and shall be constituted in the following manner, that is to say—
( 1 ) In and for every licensing district the Governor shall, from
time t » time, by notification to be published in the Gazette,
appoint a licensing court.
The court for the metropolitan licensing district shall consist of seven members, and the court for every other licensing
district shall consist of three members.
Whenever practicable, such appointment shall be made and notified in the proclamation of the licensing district.
( 2 ) Every person so appointed shall be, by virtue of his office, a justice of the peace for the Colony (if not already on the
commission of the peace), and shall hold office for a period
in any of which events a successor shall be appointed in like of three years from the date of his appointment, unless he dies, resigns, becomes disqualified, or is removed from office, manner and by the like authority, who shall hold office for the
unexpired period of his predecessor's term of office.
( 3 ) In and for the metropolitan licensing district such of the metro politan police 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 metropolitan licensing court.
For every other licenisng district the court shall be com posed of the appointed members thereof together with the
police magistrate resident within, or nearest to, such district,
who
who shall be the official member of such court; or if there
is no police 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 metro politan licensing court, and the police or licensing magistrate shall preside in every other court as chairman 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.
( 4 ) 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 knowingly and wilfully acts as a member
of such court shall be guilty of a misdemeanour.
(5) 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.
( 6 ) The Governor may appoint such and so many persons as he
thinks fit to be registrars, clerks, or other officers of licensing
courts :
Provided that, until the appointment of any such clerk
is 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. (7) The quorum for the proper constitution of a licensing court
shall be—
(a) for the metropolitan licensing district, any three members ;
(b) for any other licensing district any two members.(8) Any appointed member of a licensing court may resign his office by writing under his hand addressed to the Governor.
(9) Any appointed member of a licensing court who absents him
self from any two consecutive quarterly licensing courts (exceptin case of sickness or for other lawful excuse) shall be deemed to have vacated his office, and to have created an extraordinary
vacancy,
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.
( 1 0 ) 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 this Act
on such court may be lawfully exercised by a quorum of such
court.
( 1 1 ) In any licensing district (except the metropolitan) the Governor may, by notification 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 this Act, in case of the death, removal, resignation, or absence of such licensing magistrate.
6. Every licensing court shall be a court of record, with full power to make all general and other rules necessary for the conduct
of its business, and for the enforcement of its orders, adjudications,
and convictions ; but such rules shall be subject to any regulations made by 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.
7. I f any person duly summoned to attend as a witness at any such court neglects, without sufficient excuse, to appear and give evidence,
or refuses to be sworn, or to answer any lawful question ; or if any person wilfully interrupts the proceedings of such court, or hinders, obstructs,
| thereof in the lawful execution of his duty, such person shall be guilty or assaults any person in attendance before such court, or any officer | of contempt of court. And the chairman, either on his own view, or |
| on the oath of some credible witness, may, by warrant under his hand and the seal of the court, commit any person guilty of 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 by 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 is paid within the term of the imprisonment. | |
| 8. In the Metropolitan Licensing District each of the metro politan police or stipendiary magistrates, and in every other licensing |
district,
district, the police magistrate being a member of the licensing court
of such district, or the licensing magistrate, as the case may be, shall
be a licensing mag strate within such district. And every such licensing magistrate shall sit as in open court, and shall have and may exercise
all the powers and authorities conferred by this Act upon a licensing
magistrate ; and while sitting for the hearing and determination of any matter within his jurisdiction shall be deemed to be a court under thisAct.
( 2 ) Procedure before licensing courts.
9. Until and unless rescinded or altered by regulations to be made under this Act, the following 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—(1) 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 them, and a statement of the number and position of similar premises in the neighbourhood. Every such report shall be open to public inspection during office hours without payment of a
fee.
( 2 ) In 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 liquor,
together with the result in each case.( 3 ) Where 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 appli cants shall be heard immediaely after applications for new licenses (if any). The notice shall state shortly the nature
of the objections.
( 4 ) On an application for a publican's license for new premises, the applicant shall produce to and deposit with the clerk, for
the
the information of the court, plans or sketches of 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 it appears, to the court that any portion of such premises or of the building of which the same forms part is fitted up or intended to be used as a retail store, it shall not be lawful for the court to grant such application. And if any such premises are used for the business
of a retail store after a license has been granted, the license shall
be liable to forfeiture.
( 5 ) The court shall hear and determine all applications, and also
all objections which may be made to them, on such evidence
as seems to them sufficient. But all evidence shall be given in
the same manner as nearly as practicable as in courts of law.
( 6 ) No applications which have been already decided shall be reheard
or reopened at an adjourned sitting unless in pursuance of 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.
(7) On the hearing of any application (except for a renewal), the applicant, by himself, his counsel, or attorney, shall open his
case, then the objectors (if any) who have given the prescribed notice shall be heard by themselves, their counsel or attorney,
and the applicant may reply.
(8) On applications for renewals the objector shall commence and the applicant shall reply only.
(9) The court, if unanimous, shall give their decision by the chair man ; but, if not unanimous, shall decide by vote (retiring to
be granted or refused. The decision shall be given by the a private room, if they think fit) whether the application shall chairman, and no member of the court shall comment upon or
question such decision.(10) The chairman shall, on behalf of the court, sign all certificates and documents given or issued by the court unless such as are hereinafter permitted or required to be signed by a licensing magistrate.
(11) No objection in respect of the character of an applicant shall
be entertained unless at least three days' notice of the objection
intended to be taken has been given to such applicant by or on
behalf of the objector.
10. (1) Every application for a license, or the renewal, removal,
or transfer of a license under Part I I I hereof, and all objections to every
such application permitted under this Act shall (except as hereinafter provided) be heard and determined at a ltcensing 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 applications for renewa's contained in section thirty-seven, attend personally at such court unless prevented by sickness or infirmity.
( 2 ) The court may summon and examine on oath such wit
nesses as they may think necessary, and as nearly as may be in the manner directed by any Act now or hereafter to be in force relating to the duties
of justices on summary convictions and orders.
( 3 ) Times for holding and adjournment of licensing courts.
11. A quarterly licensing court for each licensing district shall be held in the months of January, April, July, 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 time and place of holding such court. And 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 time, for all purposes authorised by this Act. And ten days' notice as aforesaid shall be given of every such special or other meeting unless where the matters to be heard and determined are offences against this Act.
Where a licensing magistrate has jurisdiction or authority underthis Act to hear and determine, or deal with any matter, no notice of
the time and place appointed for his sitting shall be necessary. 12. (1) A licensing court may adjourn, from time to time, to the same or any other court-house or building within the licensing district.
( 2 ) A licensing court may, in the absence of a quorum, be
adjourned by any member of the court present to such time as he thinks
fit.
( 3 ) If, at any hearing, there is a difference of opinion among
the members of the court, the majority shall decide, and if there is an equality of votes in any case, the chairman shall have (in addition to his original) a casting vote.
( 4 ) I f any applicant for a license, or for the renewal, removal,
or transfer of a license under Part I I I hereof, requires an adjournment,
the
the court may, upon such terms as to costs or otherwise as they think
just, adjourn, from time to time, but within the period of one month,to
the same or any other court-house or building within the district.
PART I I I .
Publicans' and certain other licenses and provisions relating thereto.
DIVISION 1.—Exemptions from the provisions of this Part.
13. Nothing in this Part shall apply to any person selling, or
offering for sale—
(1) Wine, cider, or perry in quantities of not less than two gallons
of any one kind of such liquor at any one time :
Provided that such wine, cider, or perry is the produce
of fruit grown within the Colony, and is made by the person
selling or offering 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—
(2) Any spirituous or distilled perfume sold as perfumery only and not for drinking—
(3) Liquor in the Parliamentary Refreshment-room by the permission and under the control of the proper authority—
( 4 ) Liquors in any military canteen established under a permit issued
under the hand of the Minister (which permit the Minister is
hereby authorised to grant)—
(5) Liquors in any club-house, provided that such liquors be so sold only to members of such club, or offered only to such members
bona fide owners or lessees— or their guests, and in premises of which the members are the
( 6 ) Colonial wine at such refreshment-rooms or stalls at the railway stations throughout the country as may be sanctioned for that purpose by the Railway Commissioners of New South Wales, and under regulations made by them for that purpose ;—
Or shall apply to any
( 7 ) Duly registered apothecary, chemist, druggist, or other person authorised by law in that behalf, and administering, dispensing,
or selling any spirituous or fermented liquors for mediclnal
purposes only—
(8) Importer or proprietor selling liquor before the same is taken
or landed from the vessel or conveyance in which the same has
been
been imported into the Colony from parts beyond the Colony,
or before entry, or after entry for warehousing, or after the
warehousing thereof—
(9) Licensed auctioneer, in the bona fide exercise of his business
selling, or offering for sale, by auction, liquor on account of
another person.
DIVISION 2.—Publicans'' and other licenses, and fees therefor.
14. The following descriptions of licenses for the sale of liquor may
be granted under this Part, namely :—
(1) Publicans' licenses, packet licenses, colonial wine licenses, booth or stand licenses, six months licenses granted under section
thirty-five.
( 2 ) Every such license (except booth or stand and six months
licenses) shall, subject to the provisions of this Act, be in force
for one year from the date on which the same shall have been
granted, and no longer.
15. All publicans' licenses issued after the commencement of this
Act 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
liquor, but (subject to the provisions contained in section sixty-three
hereof) only on the premises therein specified, and between six o'clockin the morning and eleven at night.
16. Packet licenses may be in the form of the Third Schedule hereto, and in accordance with the classification hereinafter prescribed, and shall authorise the master of the vessel therein named to sell and dispose of liquor 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 between places within the harbour of Port Jackson :
Provided that nothing in this Act contained shall extend to prevent any allowance of liquor from being served out to the crew of
any vessel, by order of the master thereof, whenever such allowance is
not forbidden by any Customs or other law in force for the time being. 17. 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 withsuch master's 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 is proved.
18. Colonial wine licenses may be in the form of: the Fourth
Schedule hereto, and shall authorise 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 assessed at thirty pounds per annum, or elsewhere of the value
or rental of ten pounds per annum, to sell and dispose of, on the premises
in such license specified, wine, cider, or perry, the produce of fruit grown within any Australasian Colony, in quantities not exceeding two gallons, and not containing a greater proportion than thirty per centum of proof spirits, but only between the hours of seven in the morning and eleven at night.
19. A colonial wine license shall not be granted to any person holding a license for a still under section twenty-one of the Distillation
Act, 1897, nor in respect of, or exercised in, any premises situated at a
greater distance than one hundred yards from any road. And for the purposes of this section, the word " road" includes any proclaimed street, road, or highway, of which the control and management are vested in the council of a borough or municipal district, or in trustees, and any public road made or maintained, wholly or partly, at the public
expense.
20. Booth or stand licenses may be in the form of the Fifth Schedule hereto, and shall authorise the licensee (being also the holder of a publican's
license) to sell and dispose of liquor at any race, regatta, cricket, or rifle
match, athletic or other sports, encampment, fair, or other lawful place
of public amusement, for a period not exceeding seven days, but not to
exceed (with any renewal or renewals thereof) a period of twenty-eight
days :
Provided that every such license shall be subject to any conditions and provisions imposed by the licensing court or licensing magistrate granting the application.
21. (1) The following fees shall be paid annually in respect of
licenses under this Part, namely :—
(a) For a publican's license, the sum of thirty pounds. (b) For a packet license—
( ) Class I—Passenger vessels of or above one thousand tons registered tonnage—fifteen pounds.
(ii) Class II—Passenger vessels of less than one thousand and more than two hundred and fifty tons registered t o n n a g e - ten pounds.
(iii) Class III—Passenger vessels of less than two hundred and
fifty tons registered tonnage—three pounds.
(c) For a colonial wine license—three pounds.
(2) A fee of two pounds shall be paid upon the grant of every
booth or stand license, and upon every renewal of any such license.
o 22. 22. If it appears to the quarterly licensing court, referred to in the twenty-third section of this Act, that the premises in respect of which a publican's license is applied for are actually required for the accommodation of travellers, the said licensing court may, if they think proper, 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.
DIVISION 3.—Method and conditions of obtaining publicans'' and other
licenses.
(1.) Applications for licenses.
23. (1) Every person wishing to obtain a publican's or colonial wine license under this Act shall, at least fourteen days before he applies 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 towhich 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 of the principal entrance door of the said premises, there to be kept until the day upon which the said Court is holden. Such applicant sha 1 also publish a copy of such notice in a newspaper circulating in such district at least seven days before he so applies. In all cases the notice of application may be in such one of the forms in the Sixth Schedule hereto as is applicable, or to the like effect, and shall be delivered in triplicate to the clerk, who shall, immediately after the receipt thereof, post or cause to be posted one of such notices inside, and another outside, on some conspicuous part of the court-house or building in which the court is to be held :
Provided always that, except as hereinafter provided, no such
application shall be entertained where such applicant is an unmarried
woman (not being a widow). (2) A married woman who has, before or after the passing of this Act, 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 this Act, 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)
(3) A married woman who has, before or after the passing
of this Act, obtained a decree of judicial separation, may obtain by grant
or transfer a publican's or colonial wine license under this Act, 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 cohabitation or living
together, lapse at the expiration of the said three months.
(4) A woman who has, before or after the passing of this
Act, obtained a decree absolute dissolving her marriage may, if she is
unmarried, or a married woman whose husband has before or after the passing of this Act, become, and is at the time of the transfer, grant,
or renewal hereinafter mentioned, an insane patient within the meaning
of the Lunacy Act of 1878 and the Acts amending the same, may obtain
by grant or transfer a publican's or colonial wine license under this Act
and any renewal of the same : Provided that nothing in this section
shall affect the provisions of section eighty-one of this Act.
24. 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 accommodation for the
family of the licensed publican as the Court thinks requisite, at least
two moderate sized sitting-rooms and four sleeping-rooms constantly ready and fit for public accommodation : Provided that each such room in every house (except any house which was licensed on the nine teenth day of December, one thousand eight hundred and eighty-one), shall contain not less than twelve hundred cubic feet of air space and not be less than nine feet in height. And during the continuance of
| thereof so as to prevent nuisances and offences against decency, and | places of convenience on or near the premises for the use of the customers such license every such house shall be provided with at least two decent | 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 indorse ment in writing upon any certificate granted under this Act, dispense with the said stabling accommodation, or such part thereof as they may think fit, where the house is situated within the boundaries of the city | ||
| of Sydney, or of any borough or municipal district. | ||
| 25. Notwithstanding anything in the next preceding section, 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
nearest practicable highway, from the nearest licensed public-house, and the licensing court or magistrate is satisfied that such house contains ready and fit for public accommodation (in addition to the accommo dation mentioned in the said section 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 substantial sitting-room having
not less than twelve hundred cubic feet of air space—the applicant shall,
subject to all other provisions of this Act, be entitled to such grant,
renewal, or transfer, as the case may be.
26. Any 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 Act, 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 form a correct estimate of the ulitity of such proposed premises when completed. And, subject to the other provisions of this Act in respect to applications for new licenses and objections thereto, the court may grant such conditional application, and after recording the same in the
book of proceedings of the court, may furnish a copy of such record
to the applicant ; and the granting of such conditional application shall remain in force until the completion of such premises, provided such completion is 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 completion of such premises the district inspector shall, after examination thereof, certify whether (or not) they are completed in accordance with the plans so furnished ; and if the inspector certifies in the affirmative a certificate
for a publican's license shall be issued by the court at its next sitting,
unless the court is then satisfied that the character of the applicant is objectionable : Provided that nothing herein shall affect the provisions of the twenty-eighth section.
27. Every application for a packet license, if in respect of a vessel plying to or from Port Jackson, shall be made to the Metropolitan
Licensing Court ; and if in respect of a vessel not so plying, shall be made to a court holden within the licensing district within which her usual port or place of departure or arrival is situated. Applications
for packet licenses, or for booth or stand licenses, may be heard and determined by a licensing magistrate as well as by a licensing court,
and need not be preceded by any notices.
(2)
(2.) Ratepayers option.
28. After the commencement of this Act the granting of a new publican's license, or of a certificate of removal of a publican's license,
shall, within the area of every ward of the city of Sydney, or of any
municipality subdivided into wards, as well as within the area of every municipality not so subdivided, be contingent upon the vote of the ratepayers of such areas, respectively, to be ascertained in manner here inafter provided.
If such vote is in the affirmative, the grant of such new licenses
or certificates of removal shall, within any such area, be unaffected by
the provisions of this section for the term of three years from the date
of the notification in the Gazette announcing such vote, but shall during
such term be subject to all other provisions of this Act.
If such vote is in the negative, no new publican's license, and
no certificate authorising the removal of a new 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, be granted for premises within the area in which the vote of the ratepayers has been so given in the negative.
In and for every such area as aforesaid the ratepayer's 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 be operative after the expiration of three years from the date o. the
notification thereof in the Gazette.
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, namely :—
( 1 ) In every municipality (other than the city of Sydney) a vole
of the ratepayers of the municipality (if not subdivided) and of the ratepayers of each ward of the municipality (if subdivided)
hereby appointed, that is to say— shall be taken, for the purposes of this section, on the days (a) In every municipality constituted after the commencement of this Act on the same day as that on which the first annual
election of aldermen is held ;
(b) In every municipality constituted before the commencement of this Act, in which the first annual election of aldermen
has not been held, on the same day as that on which the
first annual election of aldermen is held ;(c) In every other municipality, on the same day as that on which the annual election of aldermen is held after an interval of three years from the taking of the last vote under the pro visions of the Acts hereby repealed. Every
Every subsequent vote shall take place on the corresponding
day at intervals of three years from the taking of the pre
ceding vote.
(2) The voting of ratepayers within the city of Sydney shall take
place on the same day as that on which the annual election
of aldermen of the said city is held, after an interval of threeyears from the taking of the last vote of the said ratepayers under the provisions of the Acts hereby repealed ; and every subsequent vote shall take place on the corresponding day at intervals of three years from the taking of the preceding vote.
(3) 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 in unsubdivided at the time of taking the voting, such voting shall be for the whole area of the municipality existing at such time.
(4) For the p;irpose of taking the votes of ratepayers under this
section, voting-papers (to be termed " local option papers " )
shall be provided by the returning officer. Such voting-paper shall be in accordance with the form contained in the Seventh
Schedule hereto.And all such voting-papers shall, at elections where a polling takes place, be on blue forms, otherwise they may be on ordinary paper.
Each ratepayer's vote shall 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 form hereinbefore prescribed.
(5) Such 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 are equal to the number of the electors on the roll
for the time-being of the said city, ward, or municipality.(6) Whether at any such annual election as aforesaid a poll is required to be taken or not, the persons who in case of a contested election would be required to be n attendance at the several polling-
places shall be n attendance for the purpose of taking the votes
of ratepayers under this section. In like manner, all persons who are required by law to urnish ballot-papers to electors entitled to vote at annual elections shall furnish to each voter demanding the same one local option paper.
(7)
(7) 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 there upon 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 is 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.
(8) If the voting under this section takes place on the occasion of
a contested municipal election, the voter, if he desires 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 the local option paper in a separate ballot-box which shall be provided
for that purpose. If the election is not a contested one, 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 question 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 question shall not be asked of any voter who has been asked, and has duly answered, the question or questions by law permitted in the case of voters at municipal elections.
(9) 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 punishment for giving a
contained, apply respectively to voting and voters at, and to false answer to questions shall, subject to the provisions herein
all officers taking part in respect of, the voting of ratepayers
for the purposes of this Act.
(10) If, after the first taking of the ratepayers' vote, under this
section or under the provisions of the Acts hereby repealed,
in any municipality, a new or additional ward is appointed therein, or if, after the taking of such vote, a new municipality
is constituted, either by union or severance, embracing the
area or part of the area of the municipality in which such vote has been taken, then a new vote hereunder shall be taken at the first annual election of aldermen for such ward or new municipality ; and such vote shall supersede the vote (if any) first taken in respect of such ward or the area comprised in
such new municipality, as the case may be. (11) (11) The result of every voting hereunder shall be ascertained
severally in respect of the grant of new licenses, and the
removal of licenses, in the manner following, that is tosay :—
If a number of votes in the negative are given equal to or
exceeding eleven-twentieths of the aggregate number of
votes polled, the ratepayer's option shall be held to have 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 publican's licenses or removals, as the case may be, shall take effect; in the latter
case the voting shall 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 be the proper officers to ascertain the poll, but no scrutineers shall
be required in respect of such votes.
(12) 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 severally in respect of the grant of new licenses, and the removal of licenses, the result of the voting, and shall there upon certify under his hand to the Minister, in regard to the grant of new licenses and the removal of licenses respectively, the number of votes polled in the negative and the number polled in the affirmative. And the Minister shall, within seven days after the receipt of such certificate, cause the same to be notified in the Gazette. Upon such notification the result of such voting shall be judicially noticed by all licensing courts and magistrates of the licensing district within which the said
voting was taken and to which the same applies. (13) All expenses incurred in the city of Sydney or in any munici pality in carrying out the requirements of this section shall be defrayed from the same fund, and paid in the same manner, as the expenses therein respectively incurred in carrying out the requirements of the civic or municipal law in respect of voting at annual elections.
( 1 4 ) Whenever no ratepayer's vote has been taken under this section, or the voting 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 ratepayer's vote
29. 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 here
inbefore prescribed. But no vote in the affirmative so taken, declared,
and notified shall make it compulsory for the licensing court to grant any new publican's licenses for premises within the area to which such vote is applicable.
(3.) Objections to the granting, & c., of licenses.
30. 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—
([) Any three or more residents of the licensing district within which the premises are situated, or by the owner of such premises—
( 1 1 ) Any district inspector or member of the police force in chargeof the district or place in which the premises are situated, or
any person authorised by any such inspector.
And any one or more of the following objections may be taken to the granting of any such license—
(a) That the applicant is a person of drunken or dissolute habits or otherwise of bad repute—
(b) That his license has within the twelve months preceding the date of application been cancelled—
(c) That the applicant has been convicted of selling liquor without a license, or of selling adulterated liquor, within a like period
as aforesaid from date of application—
(d)
That the premises have not the minimum standard of accom modation prescribed by this Act for such premises—
(e) That the reasonable requirements of the neighbourhood do not
justify the granting of such license—
(/) That the premises are in the immediate vicinity of a place of public worship, hospital, or public school—
(g) 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, subject to the provisions of the next succeeding section, 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 whatsoever (notbeing a frivolous or vexatious objection) may be taken which appears to
the
the licensing court or magistrate to be sufficient. Any such applicant, upon objections being raised at the hearing of which previous notice as prescribed has not been given to him, shall be 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.
31. (1) The ground of objection provided for by subsection (d)
of the next preceding section of this Act shall not be entertained as a
ground of objection to the renewal of any publican's license granted under the provisions of the twenty-fifth 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.
(2) The matter specified in subsection (e) of the next preceding
section shall not be a ground of objection to the renewal of any license
referred to in the said section.
(4). Issuing of certificates and licenses and costs of application.
32. If the court decides to grant an application it shall issue to the applicant a certificate in such one of the forms in the Eighth Schedule hereto as is applicable or to the like effect, and 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 Colonial Treasurer.
33. Every certificate granted under this Act shall be void unless the sum (if any) required to be paid to the Colonial Treasurer or officer authorised to receive license fees under this Act for the license or other privilege thereby authorised is so paid within twenty-eight days after the granting of such certificate. And such Treasurer or officer shall, forthwith after the receipt of any such certificate, and payment of the
sum prescribed by this Act, issue the license or other privilege authorised
by such certificate. 34. If the court refuses to grant any application, it 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 appears frivolous or malicious, the court may order payment of a sum to meet the reasonable costs and expenses of the successful applicant to be made to him by the opposing party.
(5. Publicans' licenses in special districts.
35. (1) Notwithstanding the provisions hereinbefore contained, it shall be lawful for the Governor, from time to time, by notification in
the
the Gazette, to declare any goldfield or other district or area not situated within a licensing district to be a special district wherein, by reason of
exceptional conditions, publicans' licenses may be granted under this
section.
(2) 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 subsection (1) of section twenty-three of this Act.
(3) 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.
(4) All such licenses shall be subject to such conditions and
provisions as shall be prescribed by regulations.
I ) , V I S I O N 4.—Renewed applications—renewal, transfer, and removal of
licenses—temporary Iicenses.
36. The refusal of an application for a license under this Part,
or for the renewal, transfer, or removal of any such license, shall notprevent 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.
37. (1) 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 authorising the renewal of his license, on producing such license, subject always to the payment to the proper officer of the
annual fee payable in respect of such license : Provided always that such license has not been allowed to expire,
or has not been forfeited or cancelled or become void.
(2) But the court may refuse to grant a certificate of renewal of any license if it is proved that such license is liable to be forfeited or
cancelled under any of the provisions of this Act.
(3) No licensee applying for a renewal need attend in person
before the court unless a notice of an Intention to oppose such renewal
has been served upon him at lease 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.(4)
(4 ) The provisions hereinbefore contained as to hearing of
applications, objections, costs, giving of notices, and rehearing shall,
subject to the provisions of the next succeeding section, apply to appli
cations 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.38. Notwithstanding anything to the contrary contained in the
next preceding section, it shall not be necessary that any licensee applying for a certificate authorising the renewal of his license (other than a booth or stand license) shall give any notice of his intention so to apply except
to the inspector for the district appointed under this 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.
39. (I) A licensing magistrate may, on application in writing by the intended transferror 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 indorsement upon the license in the form
in the Ninth Schedule hereto or to the like effect.2 ) 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.
(3) For every such indorsement or special certificate a fee of
two pounds shall be paid.
( 4 ) Every transferee shall, until the end of the year for which
the license has 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.
( 5 ) The license shall, immediately after the said indorsement,
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 transferror.
40. If, during the currency of any license under this Part, or on its expiration by forfeiture, cancellation, or otherwise, any owner of
licensed premises comes into legal possession of such premises to the exclusion of the licensee, a licensing magistrate may grant a certificateunder the thirty-second section, or a special certificate of transfer under and subject to the provisions of the thirty-ninth section, in like manner as if the licensee had been legally evicted from such premises.
For
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.
41. (1) 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 desires to remove his license from his licensed premises to anyother premises in the same licensing district, he shall give notice, in the form in the Tenth 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.
(2) A copy of the notice shall be personally served by the
applicant upon, or sent by registered letter to, the owner of the premises
from which the license is to be removed.
(3) The same objections may, so far as applicable, be made
to the removal of a license as to the grant of a license.
( 4 ) 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.
(5) If the application is granted an indorsement may be made
upon the license in the form in the Eleventh Schedule hereto, and the
license so indorsed shall have the same effect as if it had been originallygranted in respect of the premises specified in such indorsement, but as
to the original premises the said license shall be deemed to be cancelled.
42. If the premises of any licensed publican are, by fire, tempest,
or other calamity, rendered unfit for the carrying on of his business, any
licensing magistrate, upon the application by or on behalf of such licensedpublican may, if he sees fit so to do, by order under his hand, authorise such licensed publican temporarily to carry on his business in some neigh bouring premises (although not having the accommodation required by this Act) for any period not exceeding six calendar months.
DIVISION 5.—Rights, duties, and liabilities of licensees and other persons. 43. If any person at any one time holds a beneficial interest, whether in the name of himself or any one else, in more than one license
for the sale of liquor under this Part, he shall be liable, for every day
during which he holds such interest, to a penalty not exceeding five pounds. But this section shall not apply to holders of booth or stand
licenses.
44 ( 1 ) Every holder of a publican's license shall keep a lamp tobe 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.(2)
(2) 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 situated 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.
(3) 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.45. (1) Every person who sells any liquor without holding a
license authorising the sale thereof shall (unless he is the agent or servant
of the holder of such license), for the first offence, be liable to a penalty of not less than thirty nor more than fifty pounds, and for any subsequent
offence such person shall forfeit the sum of one hundred pounds, and, if
the licensing court or convicting justices think fit, shall be imprisoned, with or without hard labour, for any term not exceeding six nor less than three months.
(2) Upon any conviction under this section the offender shall
forfeit all liquor in his possession, with the vessels containing the same,
to the use of Her Majesty.
(3) In the case of a second or subsequent offence the offender
shall be declared, after conviction by such court or justices, to be and shall thereupon be disqualified from holding a license of any description
for the sale of liquor for a period of twelve calendar months from the date
of such conviction.46. If any holder of a license under this Part suffers any gaming
for stakes or any unlawful game whatsoever to be carried on on his licensed premises ; or if such holder or any servant or person in charge
of such premises connives at the playing of any such game therein, or in
the appurtenances thereof; or if any such holder opens, keeps, or uses,
the Act thirty-ninth Victoria number twenty-eight, intituled " An Act for or suffers his premises to be opened, kept, or used in contravention of the Suppression of Betting Houses," as amended by the Act forty-third Victoria number thirty, every such person so offending shall be liable to a penalty not exceeding, for the first offence, ten pounds, and not exceed ing, for the second and any subsequent offence, twenty pounds. 47. Any person who uses or engages, for the purposes of prosti tution, 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 con
viction of having so used or engaged such portion of any such premises,
be liable to a penalty not exceeding ten pounds.
48. Every holder of a license under this Part who allows, in or on his licensed premises, any aboriginal native of Australia of any age to be supplied with liquor (and whether the liquor be for consumption on the premises or not), or any person apparently under the age of
sixteen years, to be supplied with liquor, by purchase or otherwise, for consumption on such premises, shall, as well as the person who actually gives or supplies the liquor, be each liable to a penalty not exceeding
ten pounds nor less than forty shillings.
49. I t shall not be lawful for any licensed publican or holder of
a colonia wine license to permit music or dancing in any room or part
of his licensed house, or in or upon any part of the premises or grounds
belonging thereto open to public resort. And every person offending against this enactment shall be liable to a penalty not exceeding twenty pounds, and on a second conviction shall be liable to a like penalty and to the forfeiture of his license :
Provided that nothing in this section shall apply to any rooms
in or appurtenant to any licensed premises while used for the purpose
of holding therein any race, or agricultural, or cattle show ball or enter
tainment, or while used for the purpose of holding any assembly-ball,
or other ball or concert, for the holding of which a permit has been
granted by a licensing magistrate or court.
50. 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
authorising the holder thereof, for the period named in such permit, to supply with liquors authorised by their licenses respectively on the days and during the hours allowed by law, any persons being bona fide members, or invited guests of members, of any amateur musical or dramatic society or club, present at any concert or entertainment 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.
51 . If the holder of any license for the sale of liquor supplies liquor to any person who is at the time in a state of intoxication, he
| nor more than five pounds, and for any subsequent offence to a penalty | shall, for the first offence, be liable to a penalty of not less than two | of not less than ten nor more than twenty pounds, and in the latter case |
| to the forfeiture of his license | ||
| 52. Upon proof being given to the satisfaction of any licensing court or justices in petty sessions that any person, by the excessive drinking of liquor, has so wasted his means, or is likely to impoverish | ||
| himself to such a degree as to expose himself or his family to want, or | ||
| seriously impair his health, such court or justices shall, by writing under the hand of the chairman, or of any two of such justices, forbid all | ||
| licensed publicans, and also all other persons licensed or authorised to sell liquor, to sell to or supply such inebriate with any liquor for the |
space
space of one year. Such court or justices, or any two of them, may, in like manner, from year to year renew any such prohibition in respect to any such persons as have not in their opinion reformed within the preceding year. And if any holder of a license under this Part, during any such prohibition, a ter service of a copy thereof upon him, or with
a knowledge thereof in any other manner acquired, sells to any such
inebrate any liquor, such holder shall be liable upon conviction for every
such offence to a penalty not exceeding ten pounds.53. Whenever such court or justices have, in execution of the foregoing powers, prohibited the sale of liquor to any inebriate, if any other person, with a knowlenge of such prohibition, gives, sells, purchases,
or procures for or on behalf of such inebriate, or for his use, any such
liquor, such person shall upon conviction for every such offence be liable
to a penalty not exceeding five pounds.54. Every holder of a license under this Part shall measure all liquors (except where such liquors are sold in quantities of less than
half a pint) in vessels sized to full Imperial measure according to the
standard by law established in this Colony, and shall, if required by any purchaser, deliver the same in a vessel sized according to such standard ; and every such holder offending against this section shall
for every such offence be liable to a penalty not exceeding five pounds.55. Every house in respect of which a publican's license has been granted shall be held in law to be a common inn. And no goods or chattels whatsoever, being the bona fide property of any lodger or traveller putting up thereat which are in such house or its appurtenances, or any place ordinarily used or occupied therewith, shall be liable to be distrained or seized for rent due in respect of such house or appurten
ances, or in respect of any other claims whatsoever against the same,
or the owner or occupier thereof. And if any such goods or chattels are distrained or seized, any police or licensing magistrate, or any two
justices in petty sessions, may summarily inquire into such matter upon
the complaint of any person aggrieved by such distress or seizure, and may order any such goods or chattels so distrained or seized to be restored to their owner, and may award and enforce payment of reasonable costs of the proceedings against the person distraining or seizing such goods or chattels.
56. No licensee under this Part shall maintain any action for,
or recover in any court, any debt or demand for any liquor sold or
disposed of in any less. quantity, at one and the same time, than two gallons of one and the same liquor, unless such liquor has been lawfully sold or supplied by such licensee to bona fide lodgers or travellers :
Provided always that any person who at the time of being sup
plied with liquor, on demand of payment made by such licensee or by
his
his servant or agent, refuses to pay a reasonable sum therefor shall be deemed a rogue and vagabond, and shall be liable to be dealt with as such under the Acts relating to vagrancy.
57. If any licensed publican—
(1) Permits any person to manage, superintend, or conduct the
sale of liquor at his licensed premises during his absence there
from, for a longer continuous period than six weeks in any one year, without the previous consent in writing of a licensing magistrate ; or
( 2 ) Whether present in such premises or not, permits any unlicensed person to act as or be in effect the keeper thereof ; or
(3) Fails to maintain such premises and the accommodation thereof at the standard required by this A c t ; or
(4) Allows such premises to become ruinous or dilapidated other wise than by fire, flood, or other uncontrollable cause ; or
( 5 ) Abandons such premises as his usual place of residence,—
his license shall be liable to cancellation.
58. Every holder of any license under this Part who employs any unlicensed person to sell by retail any liquor in any premises, vehicle,
vessel, or boat, or in any place whatsoever not being within premises, or in the place in which such holder is authorised to sell liquor by his license, or in such last-mentioned premises or place otherwise than as
the servant or agent of and for the use and benefit of such holder, shall
for every such offence be liable to a penalty not exceeding twenty
pounds.
59. Nothing in this Act contained shall affect the provisions of the Act thirty-ninth Victoria number nine in respect of the liability of innkeepers, and the prevention of frauds upon them, but the provisions
of the said cited Act shall apply to the holder of every publican's license
under this Act.
| 60. I f any guest or lodger leaves any licensed premises without such licensed premises may, with the consent of a licensing magistrate | first paying a reasonable sum for his accommodation, the licensee of | and upon such magistrate being satisfied by affidavit or statutory declara tion 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 advertisement in some newspaper circulating in the |
| police district within which such licensed premises are situated), proceed | ||
| to sell by public auction all goods, chattels, and effects as have been | ||
| left in the custody of such licensee by such guest or lodger ; and any excess that is realised 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 satis | ||
| faction of the Colonial Treasurer to be entitled thereto, |
p 61 . 61. Every person not holding a license under this Part on whose premises any sign, writing, painting, or other mark is exhibited which may imply, or give reasonable cause for believing, that such premises are licensed for the sale of liquor, or that liquors are sold or supplied therein, shall for every such offence be liable to a penalty not exceeding ten nor less than two pounds.
62. Any police or stipendiary magistrate or two justices may, if any riot or tumult arises or is apprehended in the neighbourhood of any
licensed premises, order that all holders of publicans' licenses shall close
their premises during any time ordered by such magistrate or justices. And any such holder who keeps his house open during any such time shall be liable to a penalty not exceeding ten pounds.63. ( 1 ) No holder of a license under this Part shall keep his premises open for the sale of liquor, or shall sell any liquor, or permit the same to be drunk or consumed, in or on his premises, unless between the hours of six in the morning and eleven at night, on the
six business days of the week, and unless between the hours of seven
and nine in the morning and of one and three in the afternoon and eight and ten at night on Good Friday and Christmas Day, and, on the two last-mentioned days, only for the sale of liquor not to be drunk
or consumed on the premises.
(2) Every such holder offending against any Part of this
enactment shall for every such offence be liable to a penalty not
exceeding twenty pounds.
(3) Every separate sale of liquor in violation of this enact
ment shall be deemed a separate offence.
( 4 ) Nothing in this section shall prohibit the sale or supply
of liquor to any bona fide lodger or inmate, if such liquor is not drunk
at the public bar of such holder's licensed premises, nor shall prohibit the sale or supply of liquor at such bar, or elsewhere upon such premises, to any bona fide traveller.
( 5 ) Any person, not being a bona fide lodger, inmate, or
traveller, drinking liquor in any licensed premises, or found in the act of leaving the same with liquor in his possession, at any time not within the hours and days hereinbefore respectively specified, shall, for
every such offence, be liable to a penalty not exceeding forty shillings.64. If, in any proceedings against the holder of a license for infringing the provisions of the next preceding section, such holder (hereinafter referred to as the defendant) fails to prove that the person to whom the liquor was sold or supplied (hereinafter referred to as the purchaser) was a bona fide traveller, but the court hearing the case is
satisfied that the defendant believed that the purchaser was a bona 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 bona fide traveller, the court shall direct proceedings to be instituted
against
against such purchaser under the sixty-seventh section of this Act. And no person shall for the purposes of this or the next preceding
section be deemed to be a bona fide traveller unless the place where
he 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, river, or creek between the place of lodging and of supply.
65. 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 this 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 elects 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 does not on such demand give his true name and address, and place of lodging during the preceding night, or gives 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.
66. In any proceedings under the sixty-third section of this 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 suffered 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 whatever, 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 con
| sumed by the purchasers thereof on the licensed premises of such holder | and with his privity and consent. |
| 67. ( 1 ) No holder of a publican's license shall, if there is accom modation in his house, refuse to receive any bona fide traveller as a guest into his house, or to supply him with food or lodging, or to | |
| receive his horse or horses, or to provide any such horse with sufficient | |
| provender, whether the owner lodges in his house or not, unless such traveller is intoxicated or a known disreputable person. And every such holder offending against this enactment shall, for each such offence, be | |
| liable to a penalty not exceeding five pounds. |
( 2 ) For the purposes of this and the fifty-sixth section hereof,
no person shall be deemed a bona fide traveller unless he resides at least
five
five miles from the licensed premises where he is supplied with liquor, or requires to be received as a guest, or to be supplied with food or other
accommodation, and has travelled at least five miles on the day when
he is so supplied or requires to be supplied or received as aforesaid.(3) Any person who, by falsely representing himself to be a traveller or lodger within the meaning of this or the sixty-third section, buys, or obtains, or attempts to buy or obtain, at any such premises any liquor on any prohibited day or hour of the day shall be liable to a penalty of not less than five pounds and not exceeding ten pounds.
68. Every holder of a license under this Part who takes or
receives from any person, in payment or in pledge for any liquors or
entertainment supplied in or out of his house or premises, any article
or thing whatsoever except current coin, bank notes, or a cheque,promissory-note, or order for money, shall, for every such offence, be
liable to a penalty not exceeding ten pounds.
69. I f any master or other person employing workmen, servants,
or labourers, pays or causes any payment to be made to any such
workman, servant, or labourer in or at any house in which liquor is sold by retail, he shall for every such offence be liable to a penalty not
exceeding five pounds :
Provided always that nothing herein contained shall extend to any holder of a publican's license paying his own workmen, servants,
or labourers in his own licensed premises.
70. Whenever any inspector, justice, or any officer of police or
constable finds any person drinking liquor in any reputed disorderly
house, or in any unlicensed premises, shop, store, or other building,
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.
PART VI I I . Miscellaneous provisions.
88. (1) I t shall be lawful for the Governor from time to time to frame regulations, not being inconsistent with the provisions of this
Act, for any of the purposes following, namely:—
(a) For determining the amount, scale, mode of payment of, and all other matters connected with the payment of fees to persons authorised to receive fees under this Act— (b) For appointing buildings in which licensing courts or any licensing business under this Act shall be held or conducted— (c) For determining the respective duties to be performed by clerks of such courts, and by all other officers appointed under this Act—
(d)
For regulating the practice and procedure by and before licensing courts and licensing magistrates, and the duties of district and other inspectors appointed under this Act—
(e)
(e) For regulating the mode of summoning witnesses and the scale of expenses to be allowed to such witnesses—
(f) For prescribing the forms of all applications, certificates, licenses, and other documents not provided by the Schedules to this Act, and for correcting or varying any such form when necessary— (g) For regulating the procedure to be observed upon analyses of liquors, and for fixing the fees to be paid thereon to analytical chemists and others— (h) For carrying out the provisions of this Act with respect to the classification of passenger vessels—•
(*') For prescribing the duties and procedure to be observed by
inspectors and other persons in respect to objections to the
granting, renewal, or removal of licenses under Part I I I —
(j) For prescribing scales of court fees to be paid by applicants, objectors, and other persons in licensing courts—
(k) For prescribing the terms and conditions upon which licenses may be issued in special districts— (l) For the payment of all license fees and other moneys received by any clerk or other officer appointed under this Act into
the Treasury, and for the due accounting therefor—
(M) And generally, for the purpose of giving effect to the provisions
of this Act.
(2) I t shall be lawful for such regulations, or any of them,
to provide for the due enforcement thereof under penalties not to exceed
in any case the sum of ten pounds.
(3) All such regulations shall, after approval by the Governor,
be published in the Gazette, and shall, within fourteen days after such
publication, be laid before Parliament, if then in session, and if not, then within fourteen days after the next ensuing session. Upon such publication, after approval, every such regulation shall have the full
force of law.
(4) In any proceedings in any court the production of the
Gazette containing any such regulations shall be prima facie evidence
of the same, as therein printed, having been duly made under this Act.
89. Whenever his license is lost or destroyed, a licensee under this Act may apply to a licensing magistrate for a certificate under his hand that such license has been issued to such licensee, and such magistrate on being satisfied that such license is lost or destroyed, and has not been forfeited or transferred, may grant a certificate to that effect, and upon production of such certificate, and on payment of a fee of one pound, such licensee shall be entitled to a duplicate of such license, which shallbe in the same form, as nearly as possible, and of the same force as the
original license.
90. Every licensee under this Act shall cause to be painted, and shall maintain so painted in letters at least two inches long on the front
of his premises, his name in full, followed by the words—if he be the
holder of a publican's license—" licensed to retail fermented and spirituous liquors,"—and if of a brewer's or spirit merchant's license, then with the words " licensed brewer " or " licensed spirit merchant,"—and, in other cases, with words sufficient to describe the business for which the license has been granted. And every licensee failing to comply with the requirements of this section shall for the first offence be liable to a penalty not exceeding two pounds, and for any subsequent offence to a penalty not exceeding ten nor less than two pounds.
91. Any licensee under this Act may refuse to admit into, and may turn out of his licensed premises, any person who is then drunk, violent, quarrelsome, disorderly, or who is using disgusting, profane,
or foul laanguge, or any person whose presence on his premises would subject him to a penalty under this Act. And any such person who,
upon being requested in pursuance of this section by such licensee, his agent or servant, or by any constable, to quit such premises, refuses
or fails so to do shall be liable to a penalty not exceeding five pounds.
And all constables are hereby required and enjoined, on the demand
of such licensee, agent, or servant, to expel or assist in expelling everysuch person from such premises, and may use any reasonable degree
of force required for that purpose.92. All clerks of licensing courts and all other persons receiving moneys under the authority of this Act shall be deemed to be public accountants. And the provisions of the Audit Act in force for the time being, and of any Act regulating the collection of public money and the audit of the public accounts, shall be applied to such clerks and other persons.
93. All license and other fees, and all sums recovered as penalties
or forfeitures under this Act, or any regulation or by-law made thereunder, shall, after payment or recovery thereof, be paid (subject to any payment thereout authorised by this Act to be made to informers or other persons) by the clerk or other receiving officer of the court by or before which the same were ordered to be paid or recovered to the Colonial Treasurer, and shall be by him carried to the credit of the Consolidated Revenue Fund. And all sums of money payable under this Act as fees or other emoluments to any person shall be paid out of the Consolidated Revenue Fund under such regulations as may be prescribed by the Governor in in that behalf.
94. Every clerk of a licensing court by which, and every licensing magistrate by whom, any license or certificate therefor, or any permit
is
is granted under this Act, shall keep an alphabetical record thereof in
manner directed by the regulations ; and every such clerk or magistrate neglecting so to do shall be liable to a penalty not exceeding five pounds.
95. Every person holding a license under this Act shall, on demand at his licensed house or place wherein or whereat such license
is exercised, produce his license to any district or sub-inspector, inspector, or superintendent of police, or to any justice or constable authorised by
any justice by any writing under his hand to demand the production thereof. And if any such licensed person refuses or neglects to produce his license, or if a transferee, the certificate mentioned in section thirty- nine hereof, he shall forfeit and pay, on conviction for every such refusal
or neglect, any sum not exceeding twenty pounds unless some reasonable excuse can be given by such licensed person to the satisfaction of the
court for the non-production thereof.
96. (1) Upon complaint on oath before a licensing Magistrate or any justice that the complainant suspects and believes any liquor to have been sold by any person not holding a license under this Act authorising the sale thereof, and at or in some premises or place not authorised by his license and to be specified in such complaint, and upon reasonable grounds being therein shown for such suspicion and
belief, such magistrate or justice may grant a warrant to any constable
to enter and search such specified premises or place. And such con stable may break open any doors not opened within a reasonable time
after demand, and may seize all liquors which he then and there finds,
and every vessel in which the same are contained.
(2) Such magistrate or justice shall grant a summons calling
upon the owner of such liquors to appear before the licensing court (to
be therein named) to show how and for what purpose he became
possessed of the same. And upon his so appearing, or if after being
so summoned he fails to appear, the said court shall inquire into the
matter, and if they are satisfied by reasonable proof that any liquor was
in such premises or place for the purpose of being illegally sold, they shall
adjudge the same and also every such vessel to be forfeited ; and the
same shall be sold and the proceeds of the sale, after payment thereout
of the costs to be awarded by such court, shall be paid over in equal
moieties to the use of Her Majesty and to the informer. And in default
of such reasonable proof such liquors and the vessels containing the same
shall be forthwith restored to the owner.
97. 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 this Act has sold any liquor which he is not
authorised 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
any constable to enter and search such premises ; whereupon such
constable and magistrate or justice shall be authorised to exercise all
the powers conferred on a constable, magistrate, or justice by the next preceding section of this Act, as in the case of liquor kept for the purposeof being illegally sold within the meaning of the said section. And all
other provision for the said section shall be applicable to, and may be
carried out in respect of, any proceedings taken under this section.98. I f any licensee knowingly harbours, or suffers to remain on his premises, any constable during any part of the time appointed for such constable to be on duty, unless for the purpose of keeping or restoring order, or in execution of his duty, or supplies any liquor
or refreshments, whether by way of gift or sale, to any constable on
duty (unless by the authority of a superior officer of such constable),
or bribes or attempts to bribe any constable, he shall be liable to a
penalty not exceeding for the first offence five pounds, and not exceeding
for the second or any subsequent offence fifty or less than ten
pounds.
99. Any district inspector, or any justice, constable, or other peace officer may seize and take away, and may convey to the licensing court or nearest court of petty sessions, all liquor which he reasonably suspects to be carried about for or exposed to sale in any street, road, footpath, booth, tent, store, shed, boat, or vessel, or in any other place whatsoever, by any person not holding a license to sell the same therein
respectively, and also every vessel containing or used for drinking or
measuring the same, and every cart, dray, or other carriage, and every horse or animal, carrying or drawing the same, and seize every boat or vessel conveying the same. And any justice may, either on view or on
confession of the offender, or on complaint made by any person without
formal information, and upon proof on oath, convict any such offender
of carrying about or exposing for sale such liquors without a license.
And every person so convicted shall be liable to a penalty not exceeding
fifty pounds. And the licensing court or convicting justices may adjudgeany such liquors, vessel, cart, dray, or other carriage, horse or other animal, boat or vessel to be forfeited, and may order the same to be sold, and the proceeds thereof shall be paid to the Colonial Treasurer, and
be applied by him as other moneys received under this Ac t :
Provided that whenever any such liquors are carried from one
place to another, the burden of proving that the same were not so
carried for sale shall rest upon the person so carrying them.100. Every holder of a publican's license shall, at the request
of any officer or constable of police, receive into the house mentioned in such license or, at his option, into some secure place upon the premises occupied therewith, or any portion of the appurtenances thereof (not
being
being a house or premises situated within a distance of one mile from any dead-house or police station), any dead body that may be brought to such house for the purpose of an inquest being held thereon ; and for every dead body so received he shall be paid the sum of thirty shillings out of any money which may be available for such purpose. And if he refuses to receive such dead body for the purpose aforesaid he shall
be liable to a penalty not exceeding five pounds :
Provided that nothing herein contained shall make it compulsory upon any publican to receive a dead body in an offensive state of decom position, or the body of a person reasonably supposed to have died of an infectious disease.
101. Every holder of a license of any description whatsoever under this Act who knowingly suffers or permits any common prostitutes,
thieves, drunken or disorderly persons, or persons of notoriously bad
character, to assemble or continue upon his licensed premises, or the appurtenances thereto, shall for every such offence be liable to a penalty not exceeding ten pounds.
102. Every person who knowingly sells, or keeps or exposes for
sale, any liquor mixed with any deleterious ingredient, that is to say,
any Cocculus- indicus, copperas, opium, Indian hemp, strychnine, tobacco, darnel-seed, extract of logwood, salts of zinc or lead, alum, or any extract or compound of any of such ingredients, or any other ingredient injurious to health, shall be liable for the first offence to a penalty of not less than ten pounds nor more than fifty pounds, and for the second or any sub sequent offence to a penalty not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, and shall also, in the case of the first as well as any subsequent offence, forfeit all adulterated liquor, together with all such ingredients as aforesaid in his possession, with the vessels containing the same. When the person so
convicted is the holder of a license under this Act his license shall, in the
case of a second or any subsequent offence, be cancelled.
103. Every holder of a license under this Act who has in his
possession, or in or on any part of his premises, any adulterated liquor,
or any of the deleterious ingredients specified in the next preceding section of this Act, for the possession of which he is unable to account
to the satisfaction of the court, shall be deemed knowingly to have exposed for sale adulterated liquor on such premises within the meaning of the last preceding section. And when any holder of such license has been
convicted twice or oftener of the offence mentioned in such last-mentioned section, it shall be the duty of the inspector to cause to be posted, and
maintained posted, for a period of sixty days (commencing not later than fourteen days after the date of the conviction), a notice containing the substance of such conviction on some conspicuous place on the outside
Q of of the front part of the licensed premises of such holder as aforesaid.
But such notice shall not be so posted or maintained where such holder's license has been cancelled as hereinbefore provided. Any person who
removes or obliterates any such notice without lawful authority
shall be liable to a penalty not exceeding twenty pounds.
104. (1) Any notice under this Act may be partly or wholly in
writing or in print.
(2) Every notice of objections to an application under this
Act 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.
105. Notwithstanding anything contained in this Act, the Governor may sanction and issue licenses 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 licenseunder this Act, and such license and the holder thereof shall be subject to such regulations and such penalties as the Governor 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 if not then within fourteen days after the commencement of its then
next session.
PART I X .
Legal procedure.
106. (1) Every person charged with any offence, act, omission,
or neglect, for which by this Act any punishment by way of penalty, forfeiture, or cancellation of license may be inflicted (if the same is
not by this Act declared to be a misdemeanour, or directed to be heard and determined by and before some other court or authority), shall be prosecuted, and every such penalty or forfeiture may be recovered
before the licensing court of the licensing district in which the offence
was committed, or the penalty or forfeiture was incurred.(2) The procedure of every such licensing court or court of
petty sessions shall, subject to the provisions of this Act, so far as may
be practicable, be regulated by the Acts in force for the time beingregulating summary proceedings before justices.
(3)
(3) All suras of money ordered by any such court or
magistrate to be paid (whether by way of penalty, forfeiture, or other wise), and all costs and expenses awarded by such court or magistrate, may be recovered and enforced by distress and sale of the goods and chattels of the person ordered to pay the same ; and in default of sufficient distress, such person shall be liable to be imprisoned, with or without hard labour, for any term not exceeding three months, unless such money, costs, or expenses be sooner paid.
107. In addition to the jurisdiction conferred by the next pre ceding section, in certain cases, upon the court of petty sessions nearest to the place where the offence was committed, or the penalty of forfeiture was incurred, every such court of petty sessions shall have concurrent jurisdiction with the licensing court to hear and determine every infor mation or complaint under this Act, or the regulations made thereunder, 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.
| 108. Any person aggrieved by any adjudication of a licensing court or court of petty sessions, made under this Act, where the adjudication complained of is not the refusal of a certificate for the granting, renewal, transfer, or removal of a license, under Part I II , or the cancellation or forfeiture of a license, or the refusal of a permit under the forty-ninth or fiftieth section, may appeal against such adjudication to the next court of General or General Quarter Sessions holden in the licensing district where the adjudication complained of was given, or where there is no such court holden in such licensing district then to the next court of quarter sessions nearest to such licensing district, unless, in any such case, such quarter sessions are holden within fourteen days from the date of such adjudication, in | which case the appeal shall 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 powers 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 has 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 has been awarded to be paid by him) shall pay into the |
hands
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.
109. No action shall lie against any chairman or member of a licensing court, or licensing or police magistrate, or against any justice, district or sub-inspector, or against any inspector, superintendent, officer, or member of the police force, for or on account of any matter or thing whatsoever done or directed to be done by him in the execution of his duty or office under this Act, unless such action is commenced within three calendar months next after the cause of action or complaint has arisen.
110. No conviction shall take place under this Act upon any information or complaint which has not been exhibited or made within one month next after the commission of the offence charged.
111. Whenever any complaint before any court or justices under this Act is not further prosecuted with effect, or being so prosecuted appears to the court or justices hearing the complaint to be without sufficient ground, such justices may award as compensation not more than twenty pounds to be paid by the person complaining to the person complained against for his loss of time and expenses. And such com pensation may be recovered in like manner as any penalty under this Act.
112. (1) In any proceedings under this Act against any person alleged to be the holder of a license the production of the clerk's book of proceedings at licensing courts or other record of licenses authorised to be kept, wherein such person's name appears as a person to whom a license was ordered to be granted, shall be prima facie evidence of his being so licensed as alleged :Provided that any other proof as to the fact of any person holding any license as alleged in any such proceeding may be admitted.
(2) In all proceedings under this Act against any person
for carrying on without a license any trade or business, for the exercise whereof a license is required by law, such person shall for all purposes connected with such proceedings be deemed and taken to be unlicensed, unless he produces the license authorising him to carry on such trade or business to the court hearing the case, or produces other proof which is satisfactory to such court of his being duly licensed to carry on such trade or business.
113. The delivery of any liquor shall be prima facie evidence
of sale within the meaning of this Act so as to support a convictionunless satisfactory proof to the contrary is adduced to the court or any
justices hearing the case. 114,
114. In all proceedings under this Act against any person charged with unlawfully selling any liquor in a reputed disorderly house, proof of the reputation of such house, and of such person being the owner
thereof, to the satisfaction of the court or justices, shall be sufficient
evidence upon which such court or justices may convict, as well the
persons so found drinking in such house as the licensee thereof.
115. The licensing court or the convicting justices may direct
that the complainant or informer shall receive a portion, not exceeding
in any case one moiety, of any penalty recovered under this Act :
Provided that the Governor may remit the whole or any part
of such penalty.
SCHEDULES.
F I R S T S C H E D U L E . Repeal of Acts.
| Reference to Acts. | Title or short title. | Ex ten t of repeal. |
| 45 Vic. No. 1 4 . . | Al l Act to remodel the law relat ing to publicans and | The whole Act |
other persons engaged in t he sale of liquor.
| 4G Vic. No. 2 4 . . | An Act to amend the Licensing Act of 1882 | The whole Act . |
| 55 Vic. No. 5 . . | An Act to amend the Criminal Law and certain laws | Section 25. |
for the adminis t ra t ion of just ice.
| No. 17, 1897 | . . | Licensing Acts A m e n d m e n t | Act, | 1897 | The whole Act. |
SECOND S C H E D U L E . L Q U 0 R ACT, 1898. Form of a publican's license.
| W H E R E A S A.B. of | has deposi ted in this office a certificate | of* |
| held a t | on the | day of | in the year one thousand eight hundred |
| and | authoris ing the issue to the said A.B. under the Liquor Act, 1898, |
| of a publican 's license for the premises known [or to be known] as | s i tua ted |
| a t |
And, whereas, the said A.B. has paid the sum of pounds sterling as the
f e e | for such license : Now. L , in v i r tue of the powers by law vested in me, do hereby license the said A.B. to sell fermented and spir i tuous liquors in any q u a n t i t y on the aforesaid premises bu t not elsewhere, b u t subject to the provisions of the above-
| named Act. | And this license shall commence upon the | day of |
| nex t and cont inue in force unti l the | day of | now next ensuing, bo th |
days inclusive, provided i t be not forfeited or cancelled in the meant ime .
Given under m y hand and seal a t Sydney, this d a y of , one thousand eight hundred and
N.O. (L.S.)
Colonial Treasurer [or officer authorised to issue licenses].
* Here s ta te the licensing au thor i ty which granted the certificate.
| + If the court ac t ing under the powers conferred by section twen ty - two of the " L i q u o r Act of 1898, ' ' has reduced the tee to £ 1 5 , t h e fact should be shown by inser t ing before " fee " the word | " r e d u c e d . " |
| T H I R D |
T H I R D SCHEDULE. LIQUOR ACT, 1898.
Form of packet license for*
W H E R E A S A.B. of being the master of the passenger steamer [or if any other kind of vessel describe it] conveying passengers between [name the place] and [name the place], has deposited in this office a certificate of the on the day of in the year authorising the issue to the said A.B. under and by virtue of the Liquor Act, 1898, of a packet license. And, whereas, the said A.B. has paid into my office the sum of + sterling as the fee for such license : Now,
I, in virtue of the powers vested in me by the said Act do hereby license
the said A.B. to retail fermented and spirituous liquors to any passenger on board of such vessel in accordance with the provisions of the abovementioned Act. And this license shall commence upon the day of next, and continue in force
until the day of now next ensuing, both days inclusive, provided it be not forfeited or cancelled in the meantime.
Given under my hand and seal at Sydney, this day of , one
thousand eight hundred and
N.O. (L.S.)
Colonial Treasurer [or officer authorised to issue licenses],
• Here insert name, description, and classification of vessel,
+ Here insert the fee chargeable according to class of vessel.
F O U R T H SCHEDULE. LIQUOR ACT, 1898.
Form of colonial wine license.
W H E R E A S A.B. of has deposited in this office a certificate of the
dated the day of authorising the issue to the said A.B. of a colonial wine license for the premises of the said situate at And whereas the said has paid the sum of pounds sterling as the fee for such license : Now I do hereby declare that the said is licensed to sell any wine, cider, or perry, the produce of fruit grown in an Australasian Colony, in quantities not exceeding two gallons, on such premises, and not containing a greater proportion than thirty per cent, of proof spirit. And this license shall commence on the day
of and continue in force until the day of now next
ensuing, both inclusive, provided it be not forfeited or cancelled in the meantime. Given under my hand at this day of one
thousand eight hundred and
N.O. (L.S.)
Colonial Treasurer [or officer authorised to issue licenses].
F I F T H SCHEDULE. LIQUOR ACT, 1898.
Form of booth or stand license.
W H E R E A S A.B. of has deposited in this office a certificate of the
dated the day of authorising the issue to the said A.B., being a licensed publican holding a publican's license for situate at of a
booth or stand license for the place and time hereinafter mentioned. And whereas the
said
| said A.B. has paid the sum of | pounds sterling as the fee for such license : |
| Now I do hereby declare t h a t * the said | is licensed to sell l iquor a t t he |
a t bu t no t elsewhere. And this license shall commence upon the d a y of and cont inue in force unt i l the d a y of
now nex t ensuing, bo th days inclusive, provided it be not forfeited or cancelled in t he
meant ime .
Given under m y hand a t ,this d a y of , one thousand eight hundred and
Treasurer [or officer authorised to issue licenses].
* If any conditions are imposed they should he s ta ted here ["subjec t to the conditions following,
viz., & c , &e. ]
S I X T H S C H E D U L E .
L I Q U O R ACT, 1838. (A.) Notice of application for a publican s license.
| I | , of | , do hereby give notice t h a t I desire to obtain, and will, a t the |
| nex t licensing court , to be holden a t | , on the | d a y of |
app ly for a certificate author is ing the issue of a publ ican 's license for premises s i tua te a t , and to be known by the sign of , containing rooms, exclusive of those required for the use of the family.*
Da ted the day of , 18
(Signed) A.B. (Applicant.) (Address.)
* Here s ta te whe the r the accommodation in the premises for which the license is desired is in conformity with the provisions of section twenty-four or section twenty-five of the Liquor Act , 180S. If the appl icat ion is made under section twen ty - two of the said Ac t for reduct ion of license fee, t h a t fact should be s ta ted .
(B.)
Notice oj application for a packet license.
| I | , being mas ter of the | or vessel | , conveying passengers |
| between | a n d | , do hereby give notice t h a t I desire to obtain, and |
will a t the next licensing court* to bo holden a t , on t he d a y of , apply for a certificate authoris ing the issue of a license for the said vessel under class
of section twenty-one of the Liquor Act, 1898, to sell l iquor on board the said
| vessel dur ing her passage between such places to any passenger on board such vessel |
Dated the day of 18
(Signed) A.B. (Applicant.) (Addres,*.)
* If application is to licensing magis t ra te , a l ter form accordingly.
( C . )
Notice of application for a colonial wine license.
| I | , of | , do hereby give notice t h a t I desire to obtain, and will a t t he |
nex t annua l licensing court , t o be holden a t , on t he day of , app ly for a certificate authoris ing t he issue of a colonial wine license for a house s i tuate
| a t | assessed a t [or of the annua l value of] | a year. |
Da ted the day of , 18
(Signed) A.B. (Applicant.) (Address.)
S E V E N T H
S E V E N T H S C H E D U L E .
L I Q U O R ACT, 1898.
F O R M O F L O C A L O P T I O N V O T I N G - P A P E R .
W a r d of ci ty of Sydney or municipal i ty of , or
municipal i ty of (if unsubdivided).
DIVISION A. Voter's answer.
1. Shall any new publicans ' licenses be gran ted in respect of pre Y E S .
mises s i tua te within the above [ward or municipality] for the N O . period of three years from this da te ?
DIVISION B. Voter's answer.
2. Shall any removals of publ ican 's licenses be granted in respect Y E S . of premises s i tua te within the above [ward or municipality] for the period of three years from this da te ? NO. Directions.
If the voter desires to vote against the grant ing of new licenses, he should str ike ou t the word " Yes " in Division A. If he desires to vote for the grant ing of new licenses he should str ike ou t the word " No " in t he same Division A. If he desires to vote against t he grant ing of removals of licenses, he should str ike ou t the word " Yes " in
Division B . If he desires to vote for the removal of licenses, he should str ike ou t the
word " No " in the same Division B.
E I G H T H S C H E D U L E .
L I Q U O R ACT, 1898.
Certificate to authorise the issue of a publican's license.
I, T H E undersigned, being the cha i rman of the licensing court holden a t on the
d a y of , one thousand eight hundred and , the requisite notices
of appl icat ion for this certificate having been proved to the court to have been du ly served a n d posted ; a n d it appear ing to such cour t t h a t the premises hereinafter ment ioned
conta in t he requisite accommodat ion , do hereby author ise the issue to , of
, of a publ ican 's license for [here state description, sign, and licensing district
or locality of the house].
Given under m y h a n d and seal the day of , one thousand eight hundred and
(L.S.) A.B. , Chairman, &c.
Certificate to authorise the issue of a packet license.
I , T H E undersigned, being the cha i rman of t he licensing cour t holden a t on the
d a y of , one thousand eight h u n d r e d a n d [or I , t he under
signed, being a licensing magis t ra te for the licensing district of (or as the case
may be) on t he d a y of ] do hereby a uthorise t he issue to ,
being the mas ter of the [here insert name and classification of vessel] be tween a n d of a packe t license for such vessel under class
Given under m y h a n d a n d seal t he day of , one thousand eight hundred and
(L.S.) A.B. , Chairman, &c.
Certificate
Certificate to authorise the issue of a colonial wine license.
| I , T H E undersigned, being the cha i rman of the licensing cour t holden a t | , on |
t he d a y of , one thousand eight hundred and , the requisite notices of appl icat ion for this certificate having been shown*to have been du ly served and posted, do hereby author ise the issue to of a colonial wine license for his
| house [or premises] s i tua te | a t |
Given under m y h a n d and seal the d a y of , one thousand eight hundred and
(L.S.) A.B. , Chairman, &c.
Certificate to authorise the issue of a booth or stand license.
| I , T H E undersigned, being the cha i rman of the licensing cour t holden a t | , on |
| t he | d a y of | , one thousand eight hundred a n d | [or I, | t he |
| undersigned, being the licensing magis t ra te for the licensing district of | (as the |
| case may be) on the | d a y of | I" ] do hereby authorise the issue to |
of , being a licensed publican holding a publ ican 's license in respect of
, s i tua te a t , of a booth or s t and license for the [here state the occasion
| anil place] for a period of | days from the | d a y of | be tween |
| the hours of | and |
Given under m y hand and seal the day of , one thousand eight hundred and
(L.S.) A.B. , Chairman, &c.
N I N T H S C H E D U L E .
L I Q U O R ACT, 189S.
I, T H E undersigned, being a licensing magis t ra te , do hereby transfer all r ights and privi- ledges under the within license to of for the residue of the t e rm between this da te and the
Dated the d a y of , one thousand eight hundred and
(L.S.) A.B. , Licensing Magistrate for ; T E N T H S C H E D U L E .
L I Q U O R ACT, 1898.
Notice of application to remove a license to other premises.
| I , | of | , do hereby give notice t h a t I desire to obta in and will |
| a t the nex t licensing court , to be holden a t | , on t he | d a y |
| of | , app ly for the removal of the license for the premises known as |
| to premises s i tua te a t | containing | rooms, exclusive of those required |
| for the use of the family. |
Da ted the day of 18
(Name and address of applicant.)
E L E V E N T H S C H E D U L E .
L I Q U O R ACT, 1S9S.
| I , T H E undersigned, being the cha i rman of the licensing cour t holden a t | , |
| on t he d a y of , the requisite notice of appl icat ion for removal having been proved before us to have been du ly served and posted, do hereby declare t h a t the within license shall henceforth cease to apply to the house and premises wi th in | |
| ment ioned, and shall apply to the house known as | , s i tua te a t |
Da ted t he d a y of , one thousand eight hundred and
(L.S.) A.B. , Chairman, &c.
T W E L F T HTWELFTH SCHEDULE.
LIQUOR ACT, 1898.
Form of application for a brewer's or spirit merchant's license.
To the licensing court* of the licensing district of [or the licensing
magistrate, of such district.] I, A.B., now residing at , in the licensing district of , in New South Wales, do hereby give notice that it is my intention to apply to the licensing court to be holden on the day of , for [state the character of license applied for and particular description of premises].
Given under my hand this day of , 1 8
(Name and address of applicant.)
*" If application is made to a licensing magistrate alter the form accordingly.
THIRTEENTH SCHEDULE.
LIQUOR ACT, 1898.
Certificate to authorise the issue of a brewer's or spirit merchant's license.
I, THE undersigned, being the chairman of the quarterly licensing court holden at
[or the licensing magistrate of the district] on the
day of , one thousand eight hundred and , do hereby authorise the ; issue to of a license for [here state all particulars as to applicant, premises, and description of license].
Given under my hand and seal the day of , one thousand eight hundred and
(L.S.) A.B., Chairman, &c.
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