Liquor Act 1912 (NSW)

Act No. 42, 1912.

An Act to consolidate the laws relating to

publicans, brewers, and other persons

engaged in the brewing, manufacture, or

sale of liquor. [2Qth November, 1912.]

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

PART I. ! "I

PRELIMINARY.

1 . This Act may be cited as the "Liquor Act, 1912," and is divided into Parts, Divisions, and subdivisions, as follows:—

y* PART I.—PRELIMINARY—««. 1-3. PART

P A R T DIVISION 1.—Licensing districts—s. 4. I I . — L I C E N S I N G DISTRICTS AND LICENSING COURTS—ss. 4-12.

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.

P A R T I I I . — P U B L I C A N S ' AND CERTAIN OTHER LICENSES AND

PROVISIONS RELATING THERETO—ss. 13-78.

DIVISION 1.—Exemptions from the provisions of this Part—s. 13. DIVISION 2.—Publicans'' and other licenses, and fees therefor—

ss. 14-23.

DIVISION 3.—Method and conditions of obtaining publicans and

other licenses—

(1) Applications for licenses—ss. 24-28.
(2) Objections to the granting, &c, of licenses.—ss. 29-30.

(3) Issuing of certificates and licenses and costs of application—

ss. 31-33.

DIVISION 4.—Renewed applications—renewal, transfer, and removal

of licenses—temporary licenses—ss. 34-40.

DIVISION 5.—Rights, duties, and liabilities of licensees and other

persons.—ss 41-78.

P A R T IV.—LOCAL OPTION—ss. 79-94.

P A R T V . — B R E W E R S ' AND SPIRIT MERCHANTS' LICENSES —

ss. 95-100.

P A R T VI.—ADULTERATION OP LIQUORS—ss. 101-115.

DIVISION 1.—Adulteration of malt liquors—ss. 101-110.

DIVISION 2.—Adulteration of spirituous and fermented liquors— ss. 111-112.

DIVISION 3.—General—ss. 113-115.

P A R T V I I . — D E A T H , MARRIAGE, OR LUNACY OF LICENSEE—

ss. 116-118.

P A R T VII I .—INSPECTORS — ENTRY ON LICENSED PREMISES—

ss. 119-122.

P A R T IX.—CANCELLATION OF LICENSES'—DISQUALIFICATION OF LICENSED PREMISES—ss. 123-131.

P A R T X.—CLUBS—ss. 132-152.

P A R T	XL—MISCELLANEOUS PROVISIONS—SS. 153-168,
P A R T	X I I . — L E G A L PROCEDURE—SS. 169-177, 2.

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 The Acts specified in the First Schedule to this Act, to the extent therein expressed, are hereby repealed ; but such repeal shall not prejudice or affect the validity or duration of any certificate, license, permit, or authority lawfully granted under any such Act.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.

All proclamations published and rules and regulations made under the authority of any Act hereby repealed and being in force at the pass­ ing of this Act shall be and continue in force hereunder, and shall be deemed to have been published and made under the authority of this Act.

All courts constituted under any Act hereby repealed, and being so constituted at the passing of this Act, shall be deemed to have been constituted under the authority of this Act.

All persons appointed under any Act hereby repealed, and holding office at the time of the passing of this Act, shall remain in office as if this Act had been in force at the time they were appointed and they had been appointed hereunder, and this Act shall apply to them accordingly.

3 . In this Act, unless the context or subject matter otherwise indicates or requires,—

" Australasian Colony" includes, in addition to New South Wales, the States of Victoria, South Australia, Queensland, Tasmania, Western Australia, and the Dominion of 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 cour t" 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 l'centing magistrate authorised to exercise the powers conferred by this Act.

" Liquor "

" Liquor" means and includes wine, spirits, beer, porter, stout, ale, cider, perry, or any spirituous or fermented fluid what­

ever, capable of producing intoxication.

" Near relative or connection " means wife, son, stepson, son-in-law, daughter, step-daughter, daughter-in-law, brother, half-brother, step-brother, sister, half-sister, step-sister, father, step-father, mother, step-mother, father-in-law, or mother-in-law.

" 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

f shop or premises, of liquor in quantities at any one time of not

less than two gallons of the same description of liquor, but does

not include a licensed auctioneer or broker selling or offering

for sale any liquor on account of another person.

PART I I . 1

i j 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 to time, by notification to be published in the Gazette,
appoint a licensing court.

The court for the metropolitan licensing district shall, from such date as the Governor may determine, consist of three stipendiary magistrates, who shall be appointed in that behalf;

I	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)

(2) Every person so appointed shall be, by virtue of his office, a justice of the peace for the State (if not already on the commission of the peace), and shall hold office for a period of three years from the date of his appointment, unless he dies, resigns, becomes disqualified, or is removed from office, in any of which events a successor shall be appointed in like manner and by the like authority, who shall hold office for the unexpired period of his predecessor's term of office.

For every licensing district other than the metropolitan, subject to the provisions of sections one hundred and forty- eight to one hundred and fifty-one inclusive of the Justices Act, 1902, the court shall be composed of the appointed mem­ bers thereof, together with the police magistrate resident within, or nearest to, such district, who shall be the official member of such court; or if there 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 chairman of the bench of stipendiary magistrates shall preside at the metropolitan 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

relatives or connections is the holder of any license granted in	or calling exercised under any such license, or if any of his near
respect of any premises situate in the licensing district for which such licensing court is proposed to be or is appointed, or, is beneficially interested in any trade or calling exercised under any license so granted. 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)

(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 any two members thereof.

(8) Any appointed member of a licensing court may resign his office
by writing under his hand addressed to the Governor or Minister.
(9) Any appointed member of a licensing court who absents himself
from any two consecutive quarterly licensing courts (except in
case of sickness or for other lawful excuse) shall be deemed
to have vacated his office, and to have created an extraordinary
vacancy, which shall, as soon as conveniently practicable, be
filled up by the appointment (to be notified in the Gazette)
of some other person under the powers hereinbefore conferred.
(10) 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.

(11) The Governor may appoint any person to be for such period as he specifies a deputy licensing magistrate of the court of a licensing district; and such deputy may, in the case of the death, removal, resignation, or absence of any licensing magis­ trate, exercise all the powers vested in and shall perform all the duties cast upon a licensing magistrate by this Act.

The Governor may also appoint any person to act for
such period as he specifies as a member of a licensing court

during the absence of a member of such court, or while such

member is acting as deputy 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 . If 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, or assaults any person in attendance before such court, or any officer thereof in the lawful execution of his duty, such person shall be guilty of contempt of court. And the chairman, either on his own view, or on the oath of some credible witness, may, by 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 members of the licensing court, and in every other licensing 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 magistrate 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 this Act.

(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 pre­ ceding 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 )

(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 applicants shall be heard immediately 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 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

I 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 a private room, if they think fit) whether the application shall be granted or refused. The decision shall be given by the chairman, and no member of the court shall comment upon or

question such decision, ( 1 0 )

(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.

1 0 .     (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 licensing court for the district wherein the premises are situated in respect of which the license, removal, or transfer is sought, or to which the application relates; and every such applicant shall, subject to the provisions relating to applications for renewals contained in section thirty-five, attend personally at such court unless prevented by sickness or infirmity.

(2) The court may summon and examine on oath such

witnesses 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.

1 1 . 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,

given of every such special or other meeting unless where the matters	for all purposes authorised by this Act. And ten days' notice shall be
to be heard and determined are offences against this Act, by affixing the said notice on the outer door of the court-house or building in which the court is to be held.
"Where a licensing magistrate has jurisdiction or authority under this Act to hear and determine or deal with any matter, no notice of the time and place appointed for his sitting shall be necessary.
A quorum of a licensing court may, without notice of their sitting, hear and determine and deal with any matters which may be heard, determined, or dealt with by a licensing magistrate sitting alone.

1 2 .     (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 )

(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 matter shall be adjourned to a meeting a t which three members are present.

(4) If 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 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.

P A R T II I .

PUBLICANS' AND OTHER LICENSES AND PROVISIONS RELATING THERETO.

DIVISION 1.—Exemptions from the provisions of this Part.

1 3 . 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:

1            ;

" Provided that such wine, cider, or perry is the produce of fruit grown within the State, 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) 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

; (6) 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 medicinal purposes only—

(7)

(7) importer or proprietor selling liquor before the same is taken or landed from the vessel or conveyance in which the same has been imported into the State from parts beyond the State or before entry, or after entry for warehousing, or after the warehousing thereof—

(8) 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.

1 4 . 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.

(2) Every such license (except booth or stand 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.

1 5 .     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 fifty-seven hereof) only on the premises therein specified, and between six o'clock in the morning and eleven at night.

1 6 . 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 pre­ vent 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.

1 7 .     Any sale of liquor made by the master of a vessel who holds

a packet license, or by any of the officers or crew of such vessel with [
such 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 State, 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. 1 8 .

2 G

1 8 . 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.

1 9 . 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 " r oad" includes any proclaimed street, road, or highway, of which the control and management are vested in the council of a municipality or shire, or in trustees, and any public road made or maintained, wholly or partly, at the public expense.

2 0 . 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.

2 1 . (1) The following fees shall be paid annually in respect of licenses under this Part, namely :—

(a) For a publican's license—

(i) ten pounds where the licensed premises are assessed by the licensing court of the district at an annual value of not more than fifty pounds;

(ii)  twenty pounds where such premises are so assessed at an annual value of more than fifty pounds and not more than one hundred pounds;

(iii)  an additional five pounds for every fifty pounds over one hundred pounds of such assessed annual value;

(iv) maximum license fee in any case of one hundred pounds.

(b) For a packet license—

(i) Class I—Passenger vessels of or above one thousand tons

registered tonnage—fifteen pounds.

(ii)

(ii)  Class II—Passenger vessels of less than one thousand and more than two hundred and fifty tons registered tonnage— 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.

Reduction of licensing fee.

2 2 . If it appears to a quarterly licensing court that any premises in respect of which a publican's license is in force are actually required for the accommodation of travellers, and that such premises are not accessible by any practicable roadway to any other licensed premises situate within seven miles of such first-mentioned premises, such court may, if it thinks proper, reduce the fee payable for such license to one-half of the prescribed fee, such fee in any case not being less than ten pounds. Such reduction shall take effect on the expiration of the license or the renewal of the same then current.

2 3 . Where the fee payable for a publican's license has, before or after the commencement of this Act, been reduced in pursuance of any Act hereby repealed, or of the last preceding section, and it subsequently appears to a quarterly licensing court that the reasons for such reduction or some of such reasons no longer exist in respect of the premises so licensed, the court may raise such fee to the full amount payable for such license. The fee so raised shall be payable on the expiration of the license or the renewal of the same then current.

DIVISION 3.—Method and conditions of obtaining publican's and

other licenses.

(1) Applications for licenses.

2 4 .     (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 to which such license is intended to apply, and to the district inspector, a notice in writing signed by such applicant, setting forth the applicant's name, calling, and abode; and shall also affix a like notice on the outer side or front 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 shall also publish a copy of such notice in a newspaper cir­ culating 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

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 Deserted Wives and Children Act, 1901, 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 s a d three months.

th : s Act, obtained a decree of judicial separation, may obtain by grant (3) A married woman who has, before or after the passing of

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 1898 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 one hundred and eighteen of this Act.
2 5 . 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

ready and fit for public accommodation: Provided that each such room in every house (except any house which was licensed on the nineteenth 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 such license every such house shall be provided with at least two decent places of convenience on or near the premises for the use of the customers thereof, so as to prevent nuisances and offences against decency, and with stabling sufficient for four horses at least, and with a sufficient supply of whole­ some and usual provender for the same:

Provided that the court may, if they think proper, by indorsement 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 municipality.

2 6 . Notwithstanding anything in the next preceding section where an application for a grant, renewal, or transfer of a publican's license is made in respect of a house situate ten miles or more, by the nearest practicable highway, from the nearest licensed public-house, and the licensing court or magistrate is satisfied that such house contains ready and fit for public accommodation (in addition to the accommoda­ tion 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.

2 7 . 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

application to the court, and in such case shall furnish the court with a

additions or alterations to premises already erected, make a conditional

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 utility 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, or such further period not exceeding six months as the court may allow, from the date of such record; and the plans so furnished shall be initialled by the chairman

and

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 Part

IV of this Act.

2 8 . 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) Objections to the granting, &c, of licenses.

2 9 .     Objections to the granting of any license under this Part may

be made, either personally or by petition, to a licensing court or licensing
magistrate (as the case may be) by—

(i) any three or more residents of the licensing district within which the premises are situated, or by the owner of such premises;

(ii)  any district inspector or member of the police force in charge of the district or place in which the premises are situated, or any person 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;
(f)	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

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 whatso­ ever (not being a frivolous or vexatious objection) may be taken which appears to 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.

3 0 .     (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-sixth 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 pre­

ceding section shall not be a ground of objection to the renewal of any

license referred to in the said section.

(3) Issuing of certificates and licenses and costs of application.
3 1 . If the court decides to grant an application it shall issue to

the applicant a certificate in such one of the forms in the Seventh 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.

3 2 . 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 three months after the granting of such certificate. And such Treasurer or officer shall, forth­ with 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.

3 3 . 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. DIVISION

DIVISION 4.—Renewed applications—renewal, transfer, and removal \''."£]

of licenses—temporary licenses. J

3 4 . The refusal of an application for a license under this Part, or for the renewal, transfer, or removal of any such license shall not prevent a like application being subsequently made in respect of the same premises or subject-matter. But if an application for such license, or for a renewal thereof, is refused after a previous refusal of a like application, and in respect of the same premises, within the period of three years from the date of such first application, then no such license or renewal in respect of such premises shall be granted until after the expiration of three years from the last refusal. Upon the refusal of an application the court shall, at the time of such refusal, state the reasons therefor.

3 5 .     (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 least three days before the holding thereof; but the court may, nevertheless, on an objection being made, adjourn the granting of any renewal to a future day, and require the attendance of the licensee on such day, when the case shall be heard and the objection considered as if the notice hereinbefore prescribed had been given.

(4) The provisions hereinbefore contained as to hearing of

subject to the provisions of the next succeeding section, apply to appli­	applications, objections, costs, giving of notices, and rehearing shall,
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.
3 6 . (1) 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.

3 7 .     (1) A licensing magistrate may, on application in writing by

the intended transferor and transferee, transfer at any time the license of any licensee (other than a booth or stand license) to such transferee if approved of by him, by an indorsement upon the license in the form in the Eighth 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.

3 8 .     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 certificate under the thirty-first section, or a special certificate of transfer under and subject to the provisions of the thirty-seventh section, in like manner as if the licensee had been legally evicted from such premises.
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.

3 9 . (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 any other premises in the same licensing district, he shall give notice, in the form in the Ninth Schedule hereto, or as nearly in accordance therewith

required to be given of an application for a license. as possible, of his intended application in the same manner as notice is (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 Tenth Schedule hereto, and the license

so

so indorsed shall have the same effect as if it had been originally granted in respect of the premises specified in such indorsement, but as to the original premises the said license shall be deemed to be cancelled.

4 0 . (1) If the premises of any licensed publican are, by fire, tempest, or other calamity, or by dilapidation, or by reason that such premises are being repaired or rebuilt, rendered unfit for the carrying on of his business, any licensing magistrate, upon the application by or on behalf of such licensed publican 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 neighbouring premises (although not having the accommodation required by this Act) for any period not exceeding twelve months.

(2) Any owner or licensed publican desirous of making any material alterations or additions to his licensed premises, shall apply to the court for permission to do so, and shall furnish the court with a properly drawn plan, showing such alterations and additions proposed to be made; and if any such owner or licensee makes any material alterations or additions to his licensed premises without the permission of the court, the license shall be liable to cancellation.

DIVISION 5.—Rights, duties, and liabilities of licensees and other persons.

4 1 . 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.

4 2 .     (1) Every holder of a publican's license shall keep a lamp to

be lit with gas, where practicable, and to have an illuminating power
equal to two ordinary candles at least when lit with gas or oil, and to be
fixed over the door and outside the wall or building-line of the licensed

premises or within twenty feet thereof.

(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 tliis section shall, for every such failure, be liable to a penalty not exceeding forty shillings.

4 3 . (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 for eit all liquor in his possession, with the vessels containing the same, to the use of His 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. , i J

Improper use of licensed premises.

4 4 .     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, or suffers his premises to be opened, kept, or used in contravention of the Games, Wages and Betting-houses Act, 1902, every such person so offending shall be liable to a penalty not exceeding, for the first offence, ten pounds, and not exceeding, for the second or any subsequent offence, twenty pounds.

4 5 . (1) Any person who uses or engages, for the purposes of prostitution, any portion of any licensed premises, may be forthwith ejected from such premises by the licensee or the person for the time being the manager or in charge of the said licensed premises, and shall,	on conviction of having so used or engaged such portion of any such
premises, be liable to a penalty not exceeding ten pounds.
(2) If any licensee permits his licensed premises, or any portion thereof, to be used for purposes of prostitution, he shall be liable to a penalty not exceeding ten pounds.

4 6 .     If any licensee permits drunkenness or any indecent, violent,

quarrelsome, or riotous conduct to take place on his licensed premises,,
he shall be liable for the first offence to a penalty not exceeding five
pounds and for the second or any subsequent offence to a penalty not
exceeding twenty pounds.

Where any licensee is charged with permitting drunkenness on his licensed premises, and it is proved that any person was drunk on his premises, it shall lie on the licensee to prove that he and the persons employed by him took all reasonable steps to prevent drunkenness on

the premises. 4 7 .

4 7 .     I t shall not be lawful for any licensed publican or holder of

a colonial 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 U3ed 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.

4 8 . 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.

The supplying of liquor.

4 9 .     (1) Any licensee who on his licensed premises gives, sells, or

supplies, or allows to be given, sold, or supplied, except in case of sickness

or accident, any liquor to—

(a) any person under the age of eighteen years;

(b) any aboriginal native of Australia; or

(c) any person belonging to any of the coloured races of the South Pacific Islands;

shall be liable to a penalty not exceed'ng ten pounds. (2) Any person, other than the licensee, who on any licensed

premises supplies, except in case of sickness or accident, any liquor to—

(a) any person under the age of eighteen years;

(b) any aboriginal native of Australia;

(c) any person belonging to any of the coloured races of the South Pacific Islands;

(d) any person then in a state of intoxication;
(e) any prohibited person; or

(f) any person who is not lawfully entitled to be supplied with liquor;

shall be liable to a penalty not exceeding ten pounds.

(3) In any prosecution for an offence under the two last preceding subsections alleged to have been committed in relation to a person under the age of eighteen years, it shall be a sufficient defence if the accused proves that such person was apparently above such age.

( 4 )

(4) For the purposes of this section, the expression "aboriginal:
nat'vc of Australia " means any full-blooded aboriginal native of Australia, |
and any person apparently having an admixture of aboriginal blood who—

(a) is in receipt of rations or other aid from the Aborigines Board; or

(b) is residing on a reserve granted for the use of aboriginal natives of Australia.

5 0 . Any person who sends a person under the age of fourteen years to licensed premises for the purpose of obtaining any liquor shall be liable to a penalty not exceeding forty shillings.

5 1 . If any person under the age of seventeen years is for any
purpose in the bar of any licensed premises the licensee of such premises
shall forthwith remove or cause to be removed such person from the bar.

Any licensee who fails to comply with the provisions of this

section sha'l be Table to a penalty not exceeding two pounds.

5 2 .     If any licensee allows any female under the age of twenty-

one years, other than his wife or daughter, to sell, supply, or serve liquor in any bar in his licensed premises, he shall be liable for every such offence to a penalty not exceeding five pounds.

5 3 . 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 shall, for the first offence, be liable to a penalty of not less than two nor more than five pounds, and for any subsequent offence to a penalty of not less than ten nor more than twenty pounds, and in the latter case to the forfeiture of his license.

5 4 . 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 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 prohibi­ tion, after service of a copy thereof upon him, or with a knowledge thereof in any other manner acquired, sells to any such inebriate any liquor, such holder shall be liable upon conviction for every such offence to a penalty not exceeding ten pounds.
5 5 . 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 knowledge 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. 5 6 .

5 6 . If any person against whom a prohibition order under section fifty-four of this Act, or under any Act hereby repealed, is in force, enters or is found in the bar of any licensed premises, except for some lawful purpose, he shall be liable to a penalty not exceeding five pounds.

Any licensee of such premises who knowingly permits such person to be or remain in such bar shall be liable to a penalty not exceeding ten pounds.

Times of selling.

5 7 .     (1) No licensee shall keep his licensed premises open for the

sale of liquor, or shall sell any liquor, or permit the same to be consumed,

on the said premises—

(a) upon any Sunday;

(b)	upon any Good Friday or Christmas Day, except for the sale between the hours of seven and nine in the morning, and of one and three n the afternoon, and of eight and ten at night, of liquor not to be consumed on the premises;
(c)	upon any day upon which any election of Members of the Senate or of the House of Representatives of the Parliament of the Commonwealth or of the Legislative Assembly of New South Wales is being held, during the hours when votes may be recorded at such election:

Provided that in the case of a by-election this paragraph shall apply only to licensed premises situate within the electorate in respect of which such by-election is being held.

(d) upon any other day except between the hours of six in the morning and eleven at night:

i (2) Provided that nothing in this section shall relate to—

(a)	the sale or consumption of liquor to or by any bona-fide lodger, servant, or inmate, if the liquor is not drunk at the public bar of the licensee's premises; or
(b) the sale or consumption of liquor to or by any bona-fide traveller at such bar or elsewhere on such premises.

(3) Every licensee who offends against the provisions of this section shall for every such offence be liable to a penalty not exceeding twenty pounds.

(4) Every separate sale in contravention of the provisions of

this section shall be a separate offence.
5 8 . (1) Every person, not being a bona-fide lodger, servant, inmate, or traveller found drinking liquor in any licensed premises at any time when such premises should not be open for the sale of liquor, shall for every such offence be liable to a penalty not exceeding two pounds.

(2) Every person found on any such premises at any time
when such premises should not be open for the sale of liquor, shall, unless

he satisfies the court that he was at the time when he was so found a

bona.

bona-fide lodger, servant, inmate, or traveller, or that his presence on such premises at such time was not in contravention of the provisions of this Act, be liable to a penalty not exceeding two pounds.

5 9 . (1) In any prosecution for an offence against either of the two last preceding sections, any liquid shall be deemed to be liquor unless the contrary be proved.

, I (2) In the construction of such sections a bona-fide traveller

shall have the meaning defined in the next succeeding section.

6 0 . If in any proceedings against the holder of a license for infringing the provisions of the fifty-seventh section of this Act 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 such purchaser under the sixty-sixth section of this Act. And no person shall, for the purposes of this or the fifty-seventh 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 State) 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.

6 1 .     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 fifty-seventh 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

true name and address and place of lodging during the preceding night.	person requiring the same shall, on demand by such holder, give his
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.

6 2 .     In any proceedings under the fifty-seventh 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

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.

6 3 .     (1) Any member of the police force appointed in that behalf,

or any member of the police force of or above the rank of senior constable, may demand from any person found on any licensed premises at any time when such premises should not be open for the sale of liquor the name and address of such person, and if he has reasonable ground to suppose that the name or address so given is false, may require such person to produce evidence of the correctness of the name or address given by such person.

(2) If any such person, on demand being made as aforesaid,

refuses or neglects to give such name or address, or fails, without reason­ able cause, to produce any such evidence as aforesaid, such member of the police force may without any warrant apprehend such person forth­ with, and shall bring him before some justices as soon as practicable to be dealt with according to law.

(3) Every such person who, on demand being made as afore­ said, refuses or neglects to give his name or address, or fails, without reasonable cause, to produce any such evidence as aforesaid, or gives a false name or address, or produces false evidence with respect to such name or address, shall be liable for every such offence to a penalty not exceeding two pounds.

(4) Every licensee upon whose licensed premises any person is so found shall, unless he proves to the satisfaction of the court or justices that such person was on such premises for a lawful purpose, be liable to a penalty not exceeding five pounds.

Bars.

6 4 . (1) No licensee shall sell or supply liquor in more than one

bar-room in or upon his licensed premises, unless he has obtained the
permission of the court so to do.

For the purposes of this section, a room divided into compartments by wooden partitions, approved by the licensing court, shall be one room if there are doors in the partition giving at all times direct access from one such compartment to another.

(2) Every applicant for such permission shall, with the notice

of his application, deposit with the clerk of the court the fee hereinafter mentioned, and deliver a plan showing the position of the proposed additional bar-room.

(3) A fee of twenty pounds shall be paid annually in respect

of every additional bar-room for which such permission is granted, in

addition to the fee payable for a new license or renewal. (4)

(4) No such, additional bar-room shall be deemed to form any part of the accommodation required by section twenty-five or section twenty-six of this Act.

(5) No licensee shall let or sublet any bar or the right to

sell liquor on his licensed premises.

Sanitary provisions.

6 5 .     (1) Every licensee shall—

(a)	cause his licensed premises to be furnished with proper sanitary appliances sufficient for any lodgers or inmates of the premises;
(b)	maintain such appliances and any room or place in which they are in a good sanitary condition;
(c)	keep his licensed premises free from offensive or unwholesome matters.

(2) Any licensee who fails to carry out the provisions of

this section shall be liable to a penalty not exceeding ten pounds.

Miscellaneous provisions.

6 6 .     (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 first subsection of the sixty-ninth section hereof, no person shall be deemed a bona-fide traveller unless he resides at least 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 fifty-seventh section buys or obtains, or at'erupts 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.
6 7 . 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 sizeel to full Imperial measure according to the standard by law established in this State; 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,

2 n 6 8 .

6 8 .     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.

6 9 .     (1) 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 supplied with liquor or if supplied with meals or accommodation at licensed premises, on demand of payment made by such licensee or by 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 Vagrancy Act, 1902.

(2) No person shall maintain any action or suit for or recover either in law or equity any sum of money, debt, or demands whatsoever for or on account of any spirituous liquors, unless such debt shall have really been and bona fide contracted at one time to the amount of twenty shillings and upward, nor shall any particular article or item

in any account or demand for distilled spirituous liquors be allowed or
maintained where the liquors delivered at one time and mentioned in

such article or item shall not amount to the full value of twenty shillings at the least, and that without fraud or covin, and where no part of the liquors so sold or delivered shall have been returned or agreed to be returned directly or indirectly.

7 0 .     If any licensed publican—

(l) permits any person to manage, superintend, or conduct the sale of liquor at his licensed premises during his absence therefrom, 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 Act; or (4)

(4) allows such premises to become ruinous or dilapidated otherwise 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.

7 1 .     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.

7 2 . Nothing in this Act contained shall affect the provisions of the Innkeepers' Liability Act, 1902, 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.

7 3 . If any guest or lodger leaves any licensed premises without first paying a reasonable sum for his accommodation, the licensee of such licensed premises may, with the consent of a licensing magistrate, and upon such magistrate being satisfied by affidavit or statutory declaration of the amount of debt, after the- expiration of three months from the date of such guest or lodger absconding (having first given fourteen days' notice by an 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 which 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 indebted­ ness and expenses shall be paid over to the Consolidated Revenue Fund in trust for such person or persons as may thereafter be proved to the satisfaction of the Colonial Treasurer to be entitled thereto.

7 4 .     Every person not holding a license under this Part on whose

premises any sign, waiting, 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.

7 5 .     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 publican's 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.

7 G. Every holder of a license under this Part who takes or receives
from any person, in payment or in pledge for any liquors or entertain­

ment supplied in or out of his house or premises, any article or thing

whatsoever

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.

7 7. If any master or other person employing workmen, servants, or labourers, pays or causes any payment to be made to any such work­ man, 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.

7 8 . 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, or in any booth, shed, hut, tent, stall, or place where liquor is sold by retail, and the license authorising such sale is not, on demand, produced to such inspector, justice, officer, or constable, he may apprehend, not only the person appearing to have the management and control of, but also every person so found drinking in, such house or other place as aforesaid. And every such person so selling shall, upon conviction before any licensing court or any two justices, be liable for every such offence to a penalty not exceeding thirty pounds, and every person purchasing liquor in any unlicensed house or place, to a penalty not exceeding forty shillings.

PART IV.

LOCAL OPTION.

Preliminary.

In this Part, unless the context requires another meaning.— " Elector " means person qualified to vote at a general election in the electorate.

7 9 .

" Electorate " means electoral district for the election of a member to serve in the Legislative Assembly.

" General election " means parliamentary general election for the return of members pursuant to writs issued upon the dissolution or expiry of the Legislative Assembly.

" License " means publican's or colonial wine license, and includes the registration of a club.

" Licensee " means holder of a publican's or colonial wine license, and includes the secretary of a registered club.
" Licensed " as applied to premises means premises in respect of

which a publican's or colonial wine license is in force, and

includes the- piemises of a registered club. Maximum

Maximum number of licenses.

8 0 . The number of publicans' or colonial wine licenses in an elect orate shall not, except in pursuance of special authority granted as hereinafter in this Act provided, at any time exceed the number of licenses of the same description in the electorate, on the first day of January, one thousand nine hundred and six, including therein con­ ditional licenses and applications pending for licenses of premises in respect of which publicans' or colonial wine licenses were held within four months before the last-mentioned date.
The number of clubs in an electorate shall not at any time exceed the number of clubs formed before the first day of November, one thousand nine hundred and five, and bona fide used on that day as clubs, and registered under the Liquor (Amendment) Act, 1905, on or before the first day of March, one thousand nine hundred and six.

same force as the original license.

1 5 5 .      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.

1 5 6 .      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 language, or any person whose presence on his premises would subject

him

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 every such person from such premises, and may use any reasonable degree of force required for that purpose.

1 5 7 .      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.

1 5 8 .      All license and other fees, and all sums recovered as penalties

or forfeitures under this Act, or any regulation or by-law made there­ under, shall, after payment or recovery thereof, be paid (subject to any payments 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 Con­ solidated 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 that behalf.

1 5 9 .     Every clerk of a licensing court by which, and every licensing

magistrate by whom, any license or certificate therefor, or any permit 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.

1 6 0 .      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-seven

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.

1 6 1 .      (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 tho sale thereof, and at or in gome premises or place not authorised by

his

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 constable 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 His 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.

1 6 2 .      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 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 purpose of being illegally sold within the meaning of the said section. And all other provisions of the said section shall be applicable to, and may be carried out in respect of, any proceedings taken under this section.

1 6 3 .      If 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.

1 6 4 .      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

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 adjudge any 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 Act:

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.

1 6 5 .      Every holder of a publican's license shall, at the request of

any officer or constable of the 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 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.

1 6 6 .      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.

1 6 7 .      (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

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,

1 6 8 . 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 license under 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 X I I

Legal procedure

1 6 9 .     (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, or before a court

of petty sessions: Provided that a court of petty sessions shall not

have jurisdiction in cases where the holder of a license is summoned to show cause why such license should not be cancelled, or in which the court might order a license to be cancelled or forfeited, or a licensee	or any premises in respect of which a license has been granted to be	disqualified.
(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 being
regulating summary proceedings before justices.

1 7 0 . ( 1 ) Any person aggrieved by any adjudication of a

licensing court made under this Act, where such adjudication is not the
refusal of a certificate for the grant, transfer, or removal of a license, or the cancellation or forfeiture of a license, or the refusal of a permit under

section forty-seven or forty-eight, may appeal against such adjudication
to a court of quarter sessions.

The

The provisions of Division Four of Part V of the Justices Act, 1902, or of any Act amending the same, relating to appeals from an order or conviction shall, save as hereinafter provided, apply, mutatis mutandis, to appeals under this section from any such adjudication.

(2) Any person appealing against the refusal of the renewal of a license shall, at the same time as he gives notice of his intention to appeal, lodge with the clerk of the licensing court a sum equal to the amount last paid as a fee for the license of the premises, together with a further sum of twenty pounds as security for costs.

Thereupon such premises shall be deemed to be licensed premises
until the hearing of the appeal, subject to the payment of a proportionate
part of the license fee for the time after the expiration of the former license.
If at such hearing the matter is determined against the appellant,
the court shall apply the first-mentioned sum in paying the said pro­

portionate part of the license fee, and shall refund the balance to the

appellant.

(3) Where, during the pendency of such appeal, a vote of electors has been carried in favour of a reduction of licenses in the electorate in which the premises are situated, the license the subject of the appeal shall be dealt with by the special court constituted to determine the reduction to be made in the number of existing licenses, as if such license were in existence.

1 7 1 .      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.

1 7 2 .      Save as herein otherwise provided, 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.

1 7 3 . 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.

1 7 4 .     (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

to be kept, wherein such person's name appears as a person to whom a license was ordered to be granted, shall be 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.

1 7 5 . The delivery of any liquor shall be evidence of sale within the meaning of this Act so as to support a conviction, unless satisfactory proof to the contrary is adduced to the court or any justices hearing the case.

1 7 6 .      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.

1 7 7 .      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.

SCHEDULES .. j

Section 2. FIRST SCHEDULE.

Repeal of Acts.

Reference to Acts.	Title or short title.	Extent of repeal.
24 George II , c, 40	The Tippling Act	Section 12.
No. 18, 1898	Liquor Act, 1898	The whole.
No. 22, 1899 ...	Adulteration of Liquor Act, 1899 ...	The whole.
No. 40, 1905 ...	Liquor (Amendment) Act, 1905	The whole.
No. 21, 1907	Liquor (Amendment) Act, 1907	The whole.
No. 24, 1909	Justices (Amendment) Act, 1909 ...	Sections 29-34.

SECOND SCHEDULE.

LIQUOR ACT, 1912.

Form of a publican's license.

Whereas A.B. of has deposited in this office a certificate of*

held at on the day of in the year one thousand nine hundred

and	authorising the issue to the said A.B., under the Liquor Act, 1911,
of a publican's license for the premises known [or to be known] as	, situated
at
And whereas the said A.B. has paid the sum of	pounds sterling as the feet

for such license : Now I, , in virtue of the powers by law vested in me,

do hereby license the said A.B. to sell fermented and spirituous liquors in any quantity

on the aforesaid premises but not elsewhere, but subject to the provisions of the above-

named 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 nine hundred and

N.O. • (L.S.)

Colonial Treasurer [or officer authorised to issue licenses].

* Here state the licensing authority which granted the certificate.

+ If the court, acting under the powers conferred by section twenty-two of the Liquor Act, 1912,

has reduced the fee, that fact should be shown by inserting before "fee " the word "reduced."

THIRD

THIRD SCHEDULE.

LIQUOR ACT, 1912,

Form of packet license for*

Whereas A.B., of , being the master of the passenger steamer [or if any

other kind of vessel describe it] convoying 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, 1912, of a packet license : And, whereas, the said A.B. has paid into my office the sum of f 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 cf 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 clays inclusive, provided

it be not forfeited or cancelled in the meantime.

Given under my hand and seal at Sydney, this day of , one

thousand nine 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.

FOURTH SCHEDULE. ' £

LIQUOR ACT, 1912.

Form of colonial wine license.

Whereas 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 nine hundred and

N.O. (L.S.)

Colonial Treasurer [or officer authorised to issue licenses].

F I F T H

FIFTH SCHEDULE.

LIQUOR ACT, 1912.

Form of booth or stand license.

Whereas 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 A.B. 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 liquor at the

at	but not elsewhere.	And this license shall commence upon the
day of	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 at , this day of , one

thousand nine hundred and

Treasurer [or officer authorised to issue licenses].

• If any conditions are imposed they should be stated here ['' subject to the conditions following,

viz., &c, &e."].

SIXTH SCHEDULE.

LIQUOR ACT, 1912.

(A)

Notice of application for a publican's license.

I , of , do hereby give notice that I desire to obtain, and will, at

the next licensing court, to be holden at , on the day of , apply for a certificate authorising the issue of a publican's license for premises situate at and to be known by the sign of , containing rooms, exclusive of those required for the use of the family.*

Dated the day of one thousand nine hundred and

(Signed) A.B. (Applicant.)
(Address.)

* Here state whether the accommodation in the premises for which the license is desired is in conformity with the provisions of section twenty-five or section twenty-six of the Liquor Act, 1912. If the application is made under section twenty-two of the said Act for reduction of license fee, that fact should be stated.

(B)

Notice of application for a packet license.

I , being the master of or vessel , conveying passengers

between	and	, do hereby give notice that I desire to obtain, and will
at the next licensing court* to be holden at	on the	day of

apply for a certificate authorising the issue of a license for the said vessel under class
of section twenty-one of the Liquor Act, 1912, to sell liquor on board the

said vessel during her passage between puch places to any passenger on board such vessel.

Dated the, day of one thousand nine hundred and

''Signed'1 A.B. (Applicant.)
(Address.)

If application is to licensing magistrate, alter form accordingly.

(C)

(C)

Notice of application for a colonial wine license.

I , of , do hereby give notice, that I desire to obtain and will at the

next annual licensing court, to be holden at on the day of ,

apply for a certificate authorising the issue of a colonial wine license for a house situate

at assessed at [or of the annual value of] a year.

Dated the day of one thousand nine hundred and ,

(Signed) A.B. (Applicant.)

(Address.)

SEVENTH SCHEDULE.

LIQUOR ACT, 1912.

Certificate to authorise the issue of a publican's license.

I, the undersigned, being the chairman of the licensing court holden at on

the day of , one thousand nine hundred and , the requisite notice

of application for this certificate having been proved to the court to have been duly served and posted, and it appearing to such court that the premises hereinafter mentioned

contain the requisite accommodation, do hereby authorise the issue to of

of a publican's license for [here slate description, sign, and licensing district

or locality of the house]. 4

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

nine hundred and

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

Certificate to authorise the issue of a packet license.

I, the undersigned, being the chairman of the licensing court holden at on

the day of , one thousand nine hundred and [or I, the under­

signed, being a licensing magistrate for the licensing district of	(or as the case
may be) on the day of ] do hereby authorise the issue to

being the master of the [here insert name and classification of vessel] between

and of a packet license for such vessel under class

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

nine hundred and ,

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

Certificate to authorise the issue of a colonial wine license.

I, the undersigned, being the chairman of the licensing court holden at ,

on the day of , one thousand nine hundred and , the requisite

notices of application for this certificate having been shown to have been duly served

and posted, do hereby authorise the issue to of a colonial wine license for his
house [or premises] situate at

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

nine hundred and

(L,P„) A.B,, Chairman, &c.

Certificate

Certificate to authorise the issue of a booth or stand license.

I, the undersigned, being the chairman of the licensing court holden at

on the day of one thousand nine hundred and [or I, the

undersigned, being the licensing magistrate for the licensing district of (as the

case may be) on the day of ] do hereby authorise the issue to

of	being a licensed publican holding a publican's license in respect of
, situate at	, of a booth or stand license for the [here state the occasion

and place] for a period of days from the day of between

the hours of and

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

nine hundred and

(L.y.) A.B., Chairman, &c.

EIGHTH SCHEDULE.

LIQUOR ACT, 1912.

I, the undersigned, being a licensing magistrate, do hereby transfer all rights and privileges under the within license to	of	for the residue of the
term between this date and the
Dated the	day of	, one thousand nine hundred and

i vL- s0 A.B., Licensing Magistrate for

NINTH SCHEDULE.

LIQUOR ACT, 1912.

Notice of application to remove a license to other premises.

I,	- o f	, do hereby give notice that I desire to obtain and will
at the next licensing court, to be holden at	, on the	day

of , apply for the removal of the license for the premises known as

to premises situate at	, containing	rooms, exclusive of those required
for the use of the family.

Dated the day of , one thousand nine hundred and

(Name and address of applicant.)

TENTH SCHEDULE.

LIQUOR ACT, 1912.

I, the undersigned, being the chairman of the licensing court holden at

on the day of , the requisite notice of application for removal having been proved before lis to have been duly served and posted, do hereby declare that the within license shall henceforth cease to apply to the house and premises within

mentioned, and shall apply to the house known as , situate at

Dated the day of , one thousand nine hundred and

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

E L E V E N T H

ELEVENTH SCHEDULE.

LIQUOR ACT, 1912. Local Option Vote.

I vote that the number of licenses existing in the electorate continue.

I vote that the number of licenses existing in the electorate be reduced.

I vote that no licenses be granted in the electorate.

Indicate your vote by making a cross in the square opposite the resolution for which you vote.

TWELFTH SCHEDULE.

LIQUOR ACT, 1912. Local Option Vote.

I vote that licenses be restored in the electorate.

I vote that licenses be not restored in the electorate. n

Indicate your vote by making a cross in the square opposite the resolution for which you vote.

[ THIRTEENTH SCHEDULE. LIQUOR ACT, 1912.

Form of application for a brewer's or spirit merchants 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 [s_tate the character of

license applied for and, particular description of premises'].

« ' Given under my hand this day of , one thousand nine hundred

and • (Name and address of applicant.)

* If application is made to a licensing magistrate, alter the form accordingly.

F O U R T E E N T H

' i FOURTEENTH SCHEDULE.

LIQUOR ACT, 1912.

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 nine hundred and	, do hereby authorise the issue to
of a	license for [here state all particulars as to applicant, premises, and descrip-
tion of license].

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

nine hundred and

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