Liquor Act Amendment Act 1970 (Qld)

19 llalmfall^ ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 3 of 1970 An Act to Amend the Liquor Act 1912- 1969 in certain particulars [ASSENTED TO 3RD APRIL, 1970, BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Liquor Act Amendment Act 1970. (2) The Liquor Act of 1912 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Liquor Act1912-1970.

20 Liquor Act Amendment Act 1970, No. 3 2. Amendment to s. 4 . Section 4 of the Principal Act is amended by, in the definition " Court ", omitting the commencing word "A" and inserting in its stead the words " In relation to any matter or thing to be done within the area comprised at the material time in the metropolitan Magistrates Court district appointed under The Decentralization of Magistrates Courts Acts 1965 to 1968, the Commission (save where the matter or thing concerns the hearing and determination of a charge of an offence against any provision of this Act) and otherwise (including the case of the aforesaid exception) a ". 3. Amendment to s. 6A. Section 6A of the Principal Act is amended- (a) by omitting from the first paragraph the words ", and the alternate member "; and (b) by omitting from the second paragraph the words ", the alternate member and deputy members ". 4. Amendment to s. 6B . Section 6B of the Principal Act is amended by omitting from subsection (4) the words " alternate member," and the words ", deputy member ". 5. Amendment to s. 7. Section 7 of the Principal Act is amended by-- (a) numbering the existing paragraph as subsection (1); (b) adding the following subsection:- " (2) Where the Commission is required by this Act to hear and consider an objection or petition directed against the grant or removal of a license the Commission shall in connexion with that grant or removal hear and consider the evidence of any person who is in favour of the grant or removal and who appears and desires to be heard before it. A person who enquires of the Commission the date and time of any hearing to be held by the Commission in connexion with the grant or removal of a license shall be informed in writing of such date and time.". 6. Amendment to s. 8A. Section 8A of the Principal Act is amended by- (a) in subsection (1), inserting after the words " suspending a license " the words " or refusing to renew a license "; (b) in subsection (2), (i) inserting after the word " suspending " the words " or refusing to renew "; (ii) adding the following paragraph: " Where the appeal is from a determination of the Commission refusing to renew a license, the persons to be served with a copy of such notice of motion shall be the secretary to the Commission and all persons, other than the appellant, required to be served with notice by section 47B of this Act."; (c) omitting subsection (5) and inserting in its stead the following subsection:- (5) When pursuant to and in accordance with this section- (a) an appeal is instituted against a determination of the Commission cancelling, forfeiting or suspending a license;

Liquor Act Amendment Act 1970, No. 3 21 (b) an appeal is instituted against a determination of the Commission refusing to renew a license, and the deposit prescribed by subsection (3) of this section is made then- (c) in the case of an appeal referred to in paragraph (a) aforesaid the license in question shall be deemed not to be cancelled, forfeited or suspended, as the case may be, until the date fixed by the Commission for the cancellation, forfeiture or suspension has arrived and the appeal has been heard and determined or otherwise disposed of and, in the event of a determination, only if the appeal is disallowed; (d) in the case of an appeal referred to in paragraph (b) aforesaid the 'license in question shall be deemed to continue in force until the expiration of the term of the license sought to he renewed and the appeal has been heard and determined or otherwise disposed of." 7. New s. 8B. The Principal Act is amended by inserting after section 8A the following section :-- " 8B. Power to order costs against unsuccessful applicants. (1) If the Commission refuses an application for the grant or removal of a license and it appears to the Commission that the application was a frivolous or vexatious proceeding or an abuse of the process of the Commission, it may order payment of a sum to meet the reasonable costs and expenses of the person who has objected successfully to the granting of such application, to be made to the person by the unsuccessful applicant. (2) If the Commission grants any such application to which objection has been made and it appears to the Commission that the objection was frivolous or vexatious or an abuse of the process of the Commission, it may order the person objecting to pay to the applicant such sum as the Commission thinks reasonable for the costs incurred by the applicant in supporting such application. (3) A sum ordered to be paid by a person under this section shall, if not paid within thirty days from the date of the order, be recoverable as a debt due to the person in whose favour the order was made in the Magistrates Court constituted under The Magistrates Courts Acts 1921 to 1964 for the district in which the premises to which the application refers are situated or, in the case of the removal of a license, the district in which the locality to premises in which it was or is proposed to remove the license, is situated.". 8. New s. 8C. The Principal Act is amended by inserting after section 8B the following section:- " 8C. Commission may delegate its powers and functions. (1) The Commission may either generally or otherwise as provided by the instrument of delegation, by writing under the hand of the chairman, delegate to any member of the Commission or to the secretary to the Commission all or any of its powers, authorities and functions (other than this power of delegation) under this Act.

22 Liquor Act Amendment Act 1970, No. 3 (2) A power, authority or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) Where the exercise or performance of a power, authority or function so delegated depends upon the opinion, belief or state of mind of the Commission in relation to any matter that power or authority may be exercised and that function may be performed upon the opinion, belief or state of mind of the delegate. (4) A delegation under this section is revocable at will by writing under the hand of the chairman of the Commission and does not prevent the exercise of a power or authority or the performance of a function by the Commission or the making by it, in manner prescribed, of a further delegation of that power, authority or function.". 9. New s. 8D. The Principal Act is amended by inserting after section 8c the following section:- " 8D. Appeal from determination, etc., of delegate. A person aggrieved by the determination or order of a delegate of the Commission in relation to any matter may, by notice in or to the effect of the form prescribed, appeal to the Commission against the determination or order. The appeal shall be instituted within fourteen days after the date when the determination or order was made by lodging the notice of appeal with the Commission and upon the due institution of an appeal the determination or order of the delegate, the subject of the appeal, shall be of no force or effect. The Commission shall hear and determine the matter in relation to which an appeal is duly instituted as it might had the matter been before the Commission at first instance. Where an appeal is duly instituted but is withdrawn or not prosecuted, in the opinion of the Commission, with reasonable diligence the Commission may strike out the appeal whereupon the determination or order of its delegate, the subject of the appeal, shall be restored to full force and effect.". 10. New ss. 15A and 15B. The Principal Act is amended by inserting after section 15 the following sections:- 15A.. Term of license. The term of a license shall be- (a) in the case of a license subsisting at the date of passing of the Liquor Act Amendment Act 1970, a period of one year commencing on the date of such passing; (b) in the case of a license granted on or after the date of passing of the Liquor Act Amendment Act 1970, a period of one year commencing on the date of its grant, and thereafter, in either case, a period of one year commencing on the date of its last renewal. 15B. Renewal of license . (1) A licensee who desires to renew his license shall apply to the Commission for the renewal at least fourteen days before the expiration of the term of the license then current.

Liquor Act Amendment Act 1970, No. 3 23 (2) An applicant for renewal of a license shall be entitled to be granted the renewal by the Commission, or by any person acting on behalf of and under the authority of the Commission, if he has made his application as prescribed unless the Commission is satisfied- (a) that the applicant has become disqualified to hold the license or is not a fit and proper person to hold the license; or (b) that the premises do not comply in full with the prescribed requirements relating to licensed premises of the class in question or with any order of the Commission made in relation to the premises; or (c) that the conduct of the licensed premises has been such or there exists any other circumstance touching the premises that would justify the forfeiture of the license. (3) Notwithstanding the provisions of section 15A or of subsection (1) of this section. if a licensee who has failed to apply for a renewal of the license as prescribed by subsection (1) of this section applies for such renewal within the period of one month after the due date of expiry of the term of the license or, in the case of an appeal referred to in paragraph (b) of subsection (5) of section 8A of this Act that is determined in the licensee's favour, within the period of one month after the date of such determination (such period in either case being in this subsection called the " extended period ") the Commission or a person acting on behalf of and under the authority of the Commission may, save as is prescribed in subsection (2), of this section, grant him the renewal. For the purposes of this subsection and for all other purposes the license of such a licensee shall be deemed to have continued in existence until the date of its actual renewal or the expiration of the extended period, whichever event shall first occur. (4) Every license renewed whether before or after the due date of expiry of its term shall be deemed to have been renewed on the date immediately following such due date. (5) Where the person acting on behalf of and under the authority of the Commission who receives an application for the renewal of a license reasonably suspects that the applicant is not entitled to renewal of the license he may withhold such renewal until the matter has been referred to and determined by the Commission.". 11. Amendment to s. 16. Section 16 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) Licenses may be granted under this Act of the several descriptions following, namely:-- (a) licensed victualler's license; (b) tavern license; (c) limited hotel license; (d) spirit merchant's license; (e) spirit merchant's (retail) license; (f) club license of one of the prescribed types;

24 Liquor Act Amendment Act 1970, No. 3 (g) restaurant license; (h) cabaret license; (i) function room license; (j) railway refreshment-room license; (k) airport license; (1) theatre license; (m) resort license; (n) packet license; (o) booth license; (p) bottler's license.". 12. Amendments to s. 18. Section 18 of the Principal Act is amended by-- (a) in subsection (1), (i) inserting in paragraph (ii) after the words " law of " the words " the Commonwealth or of "; (ii) adding the following paragraphs:- (vii) For a theatre license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises; (viii) For an airport license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises; (ix) For a cabaret license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises; (x) For a limited hotel license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises; (xi) For a function room license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises; (xii) For a tavern license-a sum equal to such percentage not less than six per centum as the Commission determines of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises."; (b) in subsection (2), inserting after the words " law of " the words " the Commonwealth or of ";

Liquor Act Amendment Act 1970, No. 3 25 (c) in subsection (4), (i) inserting in the first paragraph after the words " holder of a resort license " the words ", theatre license, airport license, tavern license, limited hotel license or function-room license "; (ii) inserting after the words " every registered brewer " where they secondly appear the words " or licensed spirit merchant "; (iii) inserting after the words " law of " the words " the Common- wealth or of "; (d) in subsection (5), inserting in subparagraph (b) of paragraph (iv) after the word " cancelled " the words " or forfeited ". 13. Amendment to s. 19. Section 19 of the Principal Act is amended by, in subsection (1), inserting in the last paragraph after the words " bottle department," the words " a bottle shop opening onto a public thoroughfare," 14. Amendments to s. 22 . Section 22 of the Principal Act is amended by- (a) in subsection (1), (i) omitting paragraph (iii); (ii) omitting from the proviso the words " a licensee within the meaning of The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts 1922 to 1961, a partner of such a licensee,"; (b) in subsection (2), (i) omitting the words " licensee within the meaning of The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts 1922 to 1961, partner of such a licensee,"; (ii) omitting the proviso. 15. Amendments to s. 23. Section 23 of the Principal Act is amended by- (a) in subsection (1), omitting the last paragraph and inserting in its stead the following paragraph :- " There shall not be specified in a booth license- (a) Good Friday or Christmas Day; (b) a period or periods on a Sunday which period, being a continuous period, or the aggregate of which periods, being broken periods, exceeds five hours."; (b) in subsection (6), inserting after the words "first paid" the words ", where the application for such license is made to the Commission, to the Commission and otherwise". 16. New s. 27A. The Principal Act is amended by inserting after section 27 the following section:- "27A. Spirit merchant ' s (retail) license. (1) Upon the application, in the prescribed form, of any person who is not disqualified by this Act from holding a spirit merchant' s license and payment of the prescribed fee the Commission may, in its discretion and subject to this section, grant to the applicant a spirit merchant's (retail) license. (2) Every such application shall- (a) specify the location of the premises in which the applicant proposes to carry on the business of spirit merchant;

26 Liquor Act Amendment Act 1970, No. 3 (b) specify any other business that is or is to be carried on in the premises; (c) indicate the approximate distance of the nearest licensed premises from the site where the applicant proposes to carry on the business of spirit merchant; (d) include or be accompanied by such particulars as are prescribed or as are required by the Commission. (3) The Commission shall not grant a spirit merchant's (retail) license unless it is satisfied- (a) that there is a need in the locality in which it is proposed to carry on business under the license for a retail spirit merchant's business; (b) that the locality in which it is proposed to carry on business under the license is a remote area of the State sufficiently removed from the nearest licensed premises and of sufficiently sparse population as to warrant the existence of a retail spirit merchant's business in the locality; (c) that the premises in which it is proposed to carry on business under the license are suitable for the purpose and that the conduct of any other business therein conducted may -properly be joined with that of a retail spirit merchant; (d) that the applicant is a fit and proper person to hold a spirit merchant's (retail) license; and (e) that it is in the public interest that the license should be granted. (4) The provisions of sections 18, 35, 47A. and 47B of this Act shall apply in respect of a spirit merchant's (retail) license as if such license were a spirit merchant's license and the holder thereof a licensed spirit merchant: Provided that in any case where the Commission is satisfied that the extent of the business carried on pursuant to the spirit merchant's (retail) license is such that the licensee should not be required to pay the whole of the fee prescribed by paragraph (ii) of subsection (1) of section 18 of this Act the Commission may by notice in writing to the licensee reduce the fee otherwise payable for the license under that paragraph by such amount, not exceeding four hundred dollars, as the Commission thinks fit and payment of the reduced fee shall be deemed to be payment of the fee for the license prescribed by this Act. (5) The Commission shall subject a spirit merchant's (retail) license to such provisions, conditions and restrictions as are prescribed and may subject it to such provisions, conditions and restrictions as it thinks fit and may, from time to time, subject to this Act, vary the same by notice in writing directed to the licensee."

Liquor Act Amendment Act 1970, No. 3 27 17. Repeal of and new s. 35. The Principal Act is amended by repealing section 35 and the heading immediately preceding that section and inserting in their stead the following heading and section:- "Removal of Spirit Merchant's and Licensed Club Licenses 35. Change of premises of licensed spirit merchant and licensed club. Upon application in the prescribed form by the holder of a spirit merchant's license or on behalf of a licensed club and payment of the prescribed fee the Commission- (a) may authorize the removal of the spirit merchant's license from the premises in respect of which it exists to other premises situated in the same district; (b) may authorize the removal of the license of the licensed club from the premises in respect of which it exists to other premises. The Commission's authorization of the removal of the license and the change in the licensed premises in question shall be evidenced and effected by endorsement on the license.". 18. Amendment to s. 37. Section 37 of the Principal Act is amended by, in subsection (1), omitting the first and second paragraphs and inserting in their stead the following paragraphs: " The Commission shall not cancel any license- (a) unless a notice to show cause why the license should not be cancelled has been served in the prescribed manner on- (i) the licensee; and (ii) the Local Authority of the city , town or shire in which are situated the licensed premises in question; and (iii) in the case of a license other than a spirit merchant's license, A. if the licensee is not the owner of the licensed premises, the owner; B. if the licensee is a sub-lessee, the lessee; and C. the mortgagees (if any) of the licensed premises; (b) until it has heard and considered any objection or representation made in relation thereto on the date specified in the notice as hereinafter in this subsection prescribed or on a subsequent date fixed by it; (c) if it upholds any objection or representation so made. The Commission shall not accept the surrender of a licensed victualler's license- (a) unless a notice to show cause why the surrender of the license should not be accepted has been served in the prescribed manner on the Local Authority of the city, town or shire in which are situated the licensed premises in question;

28 Liquor Act Amendment Act 1970, No. 3 (b) until it has heard and considered any objection or representation made in relation thereto on the date specified in the notice as hereinafter in this subsection prescribed or on a subsequent date fixed by it; (c) if it upholds any objection or representation so made. The notice to show cause- (a) shall fix a date upon which cause may be shown, being not less than fourteen days after service of the notice; (b) may be served personally on the person to whom it is directed or on the Town or Shire Clerk in the case of a Local Authority or on the secretary of a body corporate or in such other manner as is prescribed." 19. Amendment to s. 41 . Section 41 of the Principal Act is amended by omitting the word " such. " where it firstly occurs. 20. Amendment to s. 47. Section 47 of the Principal Act is amended by omitting subsection (2A) and inserting in its stead the following subsection:-- " (2A) In each year there shall be paid from the Trust Fund established at the Treasury under this Act such sums not less than $100,000 as the Governor in Council upon the recommendation of the Minister, by Order in Council, authorizes for the purposes of (a) assisting in an educational programme to discourage intemperance; and (b) assisting in a health programme in relation to the problem of alcoholism; and (c) maintaining a publicity programme to emphasize the dangers in the consumption of liquor to users of the roads. All sums allocated- (i) for a purpose specified in paragraph (a) of this subsection shall be under the direction of the Minister for Education and Cultural Activities; (ii) for a purpose specified in paragraph (b) of this subsection shall be under the direction of the Minister for Health who may direct the payment of such part (if any) thereof to such bodies or institutions carrying out work for the prevention or treatment of alcoholism and for the care and rehabilitation of alcoholics, as he deems fit; (iii) for a purpose specified in paragraph (c) of this subsection shall be under the direction of the Minister for Transport who may direct the payment of such part (if any) thereof to such bodies or institutions carrying out work directed towards achieving safety on the roads of the State, as he deems fit."

Liquor Act Amendment Act 1970, No. 3 29 21. Amendments to s. 47A. Section 47A of the Principal Act is amended by- (a) in subsection (1), inserting in paragraph (d) after the words " refreshment room license " the words " theatre license, airport license, limited hotel license, function room license or tavern license "; (b) in subsection (2), (i) inserting in paragraph (g) after the words " comply with " the words " any condition to which the license is subject pursuant to this Act or "; (ii) omitting paragraph (j) and inserting in its stead the following paragraph:- (j) That the licensee does not keep in stock or does not supply in reasonable quantities all classes, kinds, brands and descriptions of wines and spirits that are usually sought by the general public in the locality in which the licensed premises are situated and supplies of which are reasonably obtainable in Queensland by the licensee; " (c) adding the following subsection:- " (3) A provision of an agreement between a licensed victualler and a brewer or a licensed spirit merchant or of any other document made by a licensed victualler for the benefit of a brewer or a licensed spirit merchant which purports to restrict the freedom of the licensee to stock or supply wines or spirits of all classes, kinds, brands and descriptions or which in its practical effect restricts or is calculated to restrict such freedom shall be deemed to be a nullity to the extent that it so purports or operates in relation to the stocking or supplying of wines or spirits but no further.". 22. Repeal of ss. 48, 48A and 49 and enactment of new sections in their stead . The Principal Act is amended by repealing sections 48, 48A and 49 and inserting in their stead the following sections:- " 48. Removal of cancelled , surrendered - or forfeited license to another locality. (1) The Commission may from'time to time, subject to this section and to sections 48A to 48F of this Act, remove a cancelled, surrendered, forfeited or expired licensed victualler's license to premises in another locality in the same district or in any other district as it considers necessary to meet the needs of that locality and of the public therein. The Commission may propose the removal of a license pursuant to this section on its own motion or on the application of any person who is not disqualified' by this Act from holding a licensed victualler's license. Before it proposes the removal of a license pursuant to this section the Commission shall satisfy itself- (a) that the needs of the locality to which the license would be removed and of the public therein justify in the public interest the removal; and (b) that the additional accommodation and services or other matter considered necessary to meet such needs cannot be provided adequately through existing licensed victualler's premises by way of requisition made by the Commission on the licensees of those premises.

30 Liquor Act Amendment Act 1970, No. 3 In determining the question specified in subparagraph (b) of the last preceding paragraph the Commission shall have regard to the previous conduct and management by the licensees of those premises. (2) The Commission shall cause notice that it proposes to remove a license pursuant to this section to be published in the Gazette and at least twice in a newspaper that circulates in the locality to which the Commission proposes to remove the license and shall, by such notice, submit the license for sale by public tender. By such notice the Commission shall- (a) specify the locality to which it is proposed to remove the license; (b) call for public tenders for the license; (c) appoint a date, time and place for the lodgment of such tenders; (d) give such other particulars as are prescribed. (3) Before publishing notice pursuant to the last preceding subsection the Commission shall determine the accommodation, services and other matters considered necessary at the locality to which it is proposed to remove the license and shall prepare specifications thereof for the use of those who propose to lodge tenders for the license. (4) As a minimal requirement, each tenderer shall tender in terms of the specifications and all other conditions of tender that the Commission may specify and shall accompany his tender with- (a) sketch plans (drawn to scale) of the premises proposed to be erected, added to, altered or improved; (b) a full and accurate description of- (i) the accommodation and improvements to be provided including a description of bathing and sanitary conveniences and all other services essential to licensed premises of a licensed victualler; (ii) the number and situation of bars for the sale of liquor; (iii) any other services proposed to be provided for the convenience of the public; (iv) the boundaries of the land which is proposed to be included in the licensed premises; (c) an approximate estimate of the cost of erection, additions, alterations and improvements; (d) where he is not the owner of the premises or site to which the license is proposed to be removed, the name of the owner and the terms of any agreement or proposed agreement between himself and the owner.

Liquor Act Amendment Act 1970, No. 3 31 48A. Investigation and procedure upon tenders . (1) As soon as practicable after the expiration of the time appointed under section 48 of this Act for the lodgment of tenders the Commission shall proceed to investigate and consider the tenders received and therein shall determine- (a) whether all or any of the tenders meet the needs of the locality to which the license is proposed to be removed and of the public therein; (b) the suitability of the site and of the premises or proposed premises to which each tender relates; (c) whether the use of the site, as licensed victualler's premises and the use or erection of premises or proposed premises thereon will contravene- (i) a town planning scheme approved pursuant to section 33 of the Local Government Act 1936-1969 or a by-law made pursuant to that section; (ii) an Order in Council made pursuant to section 33A of the Local Government Act 1936-1969; or (iii) in the case of the City of Brisbane, the Town Plan within the meaning of the City of Brisbane Town Planning Act 1964-1969; (d) the financial ability of the tenderer to effect the erection or alteration of premises proposed; and (e) such other matters as the Commission deems relevant in respect of any tender. (2) Upon discharge of the functions required of it by the preceding subsection, the Commission shall appoint a date, time and place when each tenderer may be heard in support of his tender and shall cause written notice to be given to each tenderer of the appointment and of his right to be heard in support of his tender. At the time and place so appointed or at any other time or place to which the Commission may adjourn the hearing the Commission shall hear such of the tenderers as appear and desire to be heard and after completing such hearing the Commission shall determine- (a) whether it should refuse all the tenders (it being empowered hereby so to do); or (b) whether, subject to this section, it should accept any of the tenders. (3) The Commission may accept the tender that, having regard to all the circumstances, appears to it to be the most advantageous to the interest of the public in the locality to which the license is proposed to be removed and best meets the needs of that locality. The Commission shall not accept a tender submitted by or on behalf of a person who has been convicted, in Queensland or elsewhere, of an indictable offence. (4) If the Commission accepts a tender it may, as it sees fit, take security from the person whose tender for the sale of the license has been accepted for the due performance of the contract thereby made. i

32 Liquor Act Amendment Act 1970, No. 3 Where as such security a bond is entered into by the person whose tender has been accepted or by a guarantor on his behalf conditioned for the payment to Her Majesty of a stipulated sum required by the Commission then for the purposes of any proceeding brought to recover that sum or any part of it under the bond- (a) the stipulated sum shall be a genuine pre-estimate of the damage suffered and recoverable by the Crown by reason of a failure to fulfil the conditions of the contract for the performance whereof the bond is security; (b) it shall not be competent for the defendant to plead nor shall evidence be admissible to show that the damage suffered and recoverable by the Crown was less than the stipulated sum or that that sum or any part thereof is a penalty. The Commission may, in any case of hardship or other special circumstance and on such terms and conditions as it thinks fit, forgive, release, discharge or waive the enforcement of, wholly or partly, any security taken pursuant to this subsection, notwithstanding that the Commission is not the obligee under the security. 48B. Further action with respect to accepted tender . (1) When the Commission has accepted a tender for the sale of a licensed victualler's license further action with respect to that tender shall be in accordance with this section. (2) The Commission shall- (a) define an area contained as nearly as may be practicable within a radius of three miles from the site to which the accepted tender relates; (b) require the tenderer to publish twice within a period fixed by the Commission in a newspaper that circulates in the area so defined to which the Commission proposes to remove the license a notice in a form approved by the Commission calling for objections to the removal of the license to that site and for petitions for the taking of a local option vote under Part VIIIA of this Act. (3) An objection may be made only by or on behalf of- (a) the Local Authority of the city, town or shire in which is situated the site to which the tender relates; (b). an elector resident in the area defined by the Commission pursuant to paragraph (a) of subsection (2) of this section ; (c) an owner or licensee of existing licensed premises situated in the locality in which is situated that site. A petition for the taking of a local option vote may be made only by an elector resident in the area defined by the Commission pursuant to paragraph (a) of subsection (2) of this section.

Liquor Act Amendment Act 1970, No. 3 33 (4) Any objection or petition shall be lodged with the Commission on or before the date specified as the last day for their lodgment in the notice published pursuant to subsection (2) of this section and every objection so lodged shall include a statement of the grounds thereof. Before the expiration of such specified date every objector shall give a copy of his objection to the tenderer. An objection or petition in relation to which there is a failure to comply with this subsection shall not be taken into account by the Commission. (5) Forthwith upon the expiration of the date specified as the last day for lodgment of objections and petitions in the notice published pursuant to subsection (2) of this section the Commission shall appoint a date, time and place for the hearing of objections and shall give notice of such appointment to the tenderer and to every objector who has duly lodged an objection and has otherwise complied with subsection (4) of this section. (6) At the time and place so appointed or at any other time or place to which the Commission may adjourn the hearing the Commission shall consider every objection and petition duly made and shall hear such of them the tenderer and objectors who have duly made objections as appear and desire to be heard. 48C. Regulation of Commission ' s power to remove licensed victualler ' s license. (1) The Commission shall not determine to remove a licensed victualler's license pursuant to section 48 of this Act- (a) until it has conducted the hearing referred to in the last preceding section or, if there be no objections or petitions to be considered, until after the date specified as the last day for their lodgment in the notice published pursuant to subsection (2) of that section; (b) if it upholds an objection duly made in accordance with subsections (3) and (4) of the last preceding section; (c) where a petition for the taking of a local option vote is duly made by at least ten per centum of the persons entitled to make the same, until after the taking of the poll for that vote which shows a majority of the electors entitled to vote and voting at that poll in favour of the removal of the licensed victualler's license to the site proposed. (d) until the Commission is satisfied that- (i) the premises to which it proposes to remove the license and the accommodation and essential services to be provided in connexion therewith are complete and in good order and condition; and (ii) upon removal of the license to those premises the licensee will be able to commence forthwith to carry on therein his business of a licensed victualler in a manner calculated to meet the needs of the locality in question and of the public therein. 2

34 Liquor Act Amendment Act 1970, No. 3 (2) When the Commission has determined to remove a licensed victualler's license pursuant to section 48 of this Act it shall, upon payment by the tenderer of the purchase price for the sale of the license,- (a) forthwith advise the Treasurer and the clerk of the court for the district to which the license is to be removed ; (b) forthwith pay the purchase price into the Treasury; (c) upon the application of the tenderer endorse the license in the prescribed form with the name of the person nominated in the application by the tenderer as the person to hold the license if- (i) such person is a fit and proper person to hold the license; and (ii) the conditions of the contract made by acceptance by the Commission of the tender have been complied with to the Commission's satisfaction. (3) Upon the removal of a license the Commission shall cause to be erased convictions (if any) recorded upon or in respect of the license. 48D. Certain provisions of ss . 48B and 48C , inapplicable in tourist areas . The provisions of paragraph (c) of subsection (1) of section 48c of this Act do not apply in respect of the removal of a licensed victualler's license to premises situated or to be situated in a tourist area. A notice published pursuant to paragraph (b) of subsection (2) of section 4811 of this Act shall be a sufficient notice in respect of the removal of a license to premises situated or to be situated in a tourist area notwithstanding that it does not call for petitions for the taking of a local option vote under Part VIIIA of this Act. 48E. Local option vote not held where objections to removal upheld . A local option vote under part VIIIA of this Act shall not be held if the Commission upholds an objection duly made to it pursuant to notice published pursuant to paragraph (b) of subsection (2) of section 48B of this Act. 48F. Local option vote effective for seven years. Where the poll for the taking of a local option vote under Part VIIIA of this Act shows that a majority of the electors entitled to vote and voting at the poll does not favour the removal of a licensed victualler's license proposed by the Commission, the Commission shall not again initiate action under section 48 of this Act with a view to removing a licensed victualler's license to the area defined by the Commission pursuant to subsection (2) of section 48n of this Act until the expiration of seven years at the least from the date when the votes were taken at that poll.".

Liquor Act Amendment Act 1970, No. 3 35 23. New s. 49. The Principal Act is amended by inserting after section 48F the following section:- " 49. Licensed victualler ' s license for international class premises . (1) Any person who is not disqualified by this Act from holding a licensed victualler's license and who proposes to erect and maintain on a particular site in the State the premises of a licensed victualler may apply to the Commission to declare his proposal to be a project for the erection and maintenance of licensed victualler's premises of international standard. Every such application shall contain or be accompanied by such particulars as are prescribed or as the Commission requires. (2) If the Commission is satisfied that the premises proposed to be erected by the applicant and the amenities and service to be offered therein are of an international standard and that the applicant- (a) is financially capable of erecting the premises and is prepared so to do; (b) is capable of maintaining the premises and the amenities and services to be offered therein at an international standard, and that the proposal is likely to serve the interests of the State the Commission may declare the proposal to be a project for the erection and maintenance of licensed victualler's premises of international standard. (3) Upon such declaration, the Commission shall negotiate with the applicant with a view to making a contract as to the purchase price to be paid by the applicant for the sale of the licensed victualler's license to be removed to the site in question and as to the specifications of and the requirements of the Commission concerning the premises to be erected. A contract so negotiated shall be deemed to be the successful tender for the sale of the licensed victualler's license and the applicant shall be deemed to be the successful tenderer. A notice referred to in subsection (2) of section 48 of this Act shall not be published in relation to a project so declared. (4) The Commission may require and take security from the applicant for the due performance of the contract made by him with the Commission and, if it does so, the provisions of subsection (4) of section 48A of this Act shall apply in respect thereof. (5) The Commission may determine to remove a licensed victualler's license pursuant to this section- (a) upon the making of the contract referred to in subsection (3) of this section and the payment to it of the purchase price for the license; and (b) where the Commission requires security under subsection (4) of this section, upon the giving of such security. (6) The provisions of section 48u of this Act or of any other provision of this Act relating to objections to the removal of a licensed victualler's license or to petitions for the taking of a local

36 Liquor Act Amendment Act 1970, No. 3 option vote under Part VIIIA of this Act or to the taking of such a vote or of subsection (1) of section 48c of this Act do not apply in respect of the removal of a license pursuant to this section. (7) When the Commission has determined to remove a licensed victualler's license pursuant to this section it shall comply with the requirements of subsection (2) of section 48c of this Act as if the removal were pursuant to section 48 of this Act. The provisions of subsection (3) of section 48c of this Act apply in respect of a removal of a license pursuant to this section.". 24. Repeal of and new s. 49A. The Principal Act is amended by repealing section 49A and inserting in its stead the following section:- " 49A. Removal of subsisting licensed victualler ' s licenses. (1) If the Commission is satisfied that the licensed premises of a licensed victualler, by reason of their situation, no longer meet the needs of the public and of the district wherein they are situated or the needs of that district and any adjoining district, the Commission may, upon the application of the licensee or, where he is not the owner of the premises, upon the application of the licensee and the owner of the premises, remove the license to such other site in the same district or in an adjoining district as will, in the opinion of the Commission, best meet the needs of the public and of the district or districts in question. In every such application the applicant shall describe the boundaries of the land proposed to be comprised in the new licensed premises. (2) In considering the merits of such an application the Commission shall not be bound by the application as to the site or premises to which it is sought to remove the license or as to the accommodation or services to be provided in connexion with the premises to which it is sought to remove the license. If the Commission is satisfied that a license should be removed pursuant to this section it shall determine the accommodation, services and other matters considered by it to be necessary at the site to which it proposes to remove the license and shall prepare specifications thereof and shall define an area contained as nearly as may be practicable within a radius of three miles from the site to which it is proposed to remove the license and the following subsections of this section shall apply with respect to the removal of the license. (3) The Commission shall require the applicant to publish twice within a period fixed by the Commission in a newspaper that circulates in the area defined by the Commission pursuant to subsection (2) of this section a notice in a form approved by the Commission calling for objections to the removal of the license to the site proposed and for petitions for the taking of a local option vote under Part VI1lA of this Act. (4) The provisions of sections 48n (save subsections (1) and (2) thereof), subsection (1) of section 48c, sections 48D, 48E and 48F shall apply, with all necessary adantations, with respect to the

Liquor Act Amendment Act 1970, No. 3 37 removal of a license under this section and, in particular , a reference in any of those provisions to " tender " or " tenderer " shall be read as a reference to " application " and " applicant " respectively under this section. (5) Notwithstanding the provisions of paragraph (d) of subsection ( 1) of section 48c of this Act the Commission, subject to the other provisions of this Act applicable to a removal of license under this section , may determine that it will remove the license conditionally on the applicant doing within the time fixed by the Commission all acts and things to satisfy the requirements of the Commission determined by it pursuant to subsection (2) of this section. Such a determination shall not be effectual to remove the license but , upon the applicant satisfying the requirements of the Commission as aforesaid within the time fixed by the Commission or within any extension of that time allowed by the Commission, the Commission shall remove the license. The Commission may permit the applicant to remove the buildings erected on or forming part of the existing licensed premises to the site to which the Commission has, pursuant to this subsection, determined that it will remove the license and in such case the applicant may, within the time fixed by the Commission therefor or within any extension of that time allowed by the Commission, remove the buildings and re-erect the same on that site. During the period of such removal and re-erection the licensee shall not, in respect of the licensed premises from which the buildings are so permitted to be removed, be obliged to comply with the provisions of this Act with respect to provision of accommodation. (6) A removal of a license under this section shall be authorized by way of endorsement in or to the effect of the prescribed form on the license. The description of the land comprised in the new licensed premises shall be entered on the license and in the register of licenses.". 25. Amendment to s. 51 . Section 51 of the Principal Act is amended by, in subsection (1), adding after the last subparagraph of paragraph (c) the following paragraph:- "As the principal consideration on which is based a determination to make an order pursuant to the provisions of this subsection, the Commission or inspector, as the case may be, shall, as far as is practicable, have regard to the amount of the license fee paid in respect of the licensed premises concerned.". 26. Amendments to s. 51A. Section 51A ItT the Principal. Act is amended by, (a) inserting after subsection (1) the following subsection:- " (IA) A licensee shall not bring or keep or permit to be brought or kept upon his licensed premises an entertainment machine within the meaning of The Art Union Regulation Acts 1964 to 1965 or a billiard table within the meaning of those Acts without the approval of the Commission first had and obtained.

38 Liquor Act Amendment Act 1970, No. 3 The Commission may grant such approval subject to the provisions of those Acts and may subject its approval to such terms and conditions as it thinks fit. An approval granted under this subsection shall not excuse a licensee from obtaining a permit under those Acts in respect of the entertainment machine or billiard table in question."; (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) The Commission may by order direct a licensee to remove and keep removed from his licensed premises- (a) a machine, mechanical contrivance, apparatus or device of a kind referred to in subsection (1) of this section; (b) an entertainment machine or billiard table referred to in subsection (IA) of this section in respect of which- (i) the Commission has not approved under that subsection; (ii) a term or condition of an approval under that subsection is contravened or not complied with; (iii' there is not a permit under The Art Union Regulation Acts 1964 to 1965; or (iv) a condition of a permit granted under those Acts is contravened or not complied with."; (c) in subsection (3), inserting after the words " subsection (1) " the words " or subsection (IA) "; (d) in subsection (4), inserting after the words " subsection (1) " where they twice occur the words " or, as the case may be, subsection (IA) ". 27. Repeal of s. SIB. The Principal Act is amended by repealing section 51 B. 28. Amendments to s. 58 . Section 58 of the Principal Act is amended by, in subsection (1)- (a) omitting paragraph (d); (b) omitting the words " fifty pounds nor less than twenty pounds " and inserting in their stead the words " one hundred dollars nor less than sixty dollars "; (c) omitting the words " twenty pounds nor less than ten pounds where they twice occur and inserting in their stead in each case the words " one hundred dollars nor less than sixty dollars ". 29. Amendments to s. 59. Section 59 of the Principal Act is amended by- (a) omitting paragraph (e); (b) omitting the words " fifty pounds " and the words " twenty pounds " and inserting in their stead respectively the words one hundred dollars " and the words " sixty dollars ". 30. Repeal of s. 59A. The Principal Act is amended by repealing section 59A.

Liquor Act Amendment Act 1970, No. 3 39 31. Amendments to s. 60. Section 60 of the Principal Act is amended by- (a) in subsection (1), omitting the words " twenty pounds nor less than ten pounds " and inserting in their stead the words " one hundred dollars nor less than sixty dollars "; (b) in subsection (2), (i) omitting the words "twenty pounds " and inserting in their stead the words " one hundred dollars "; (ii) omitting the words " ten pounds " and inserting in their stead the words " sixty dollars ". 32. Amendments to s. 60A. Section 60A of the Principal Act is amended by- (a) in subsection (7), omitting the words " twenty pounds and not less than ten pounds " and inserting in their stead the words " one hundred dollars nor less than sixty dollars "; (b) in subsection (8), omitting the words " twenty pounds " and inserting in their stead the words " one hundred dollars ". 33. Amendment to s. 61 . Section 61 of the Principal Act is amended by omitting the words " ten pounds " and inserting in their stead the words " one hundred dollars nor less than sixty dollars ". 34. New s. 61A . The Principal Act is amended by insertin1g1 after section 61 the following section:- " 61A. Certificate as to age . (1) If a licensee or his servant or agent suspects that any person who is on the licensed premises with respect to which the license of that licensee is issued may be under the age of twenty-one years, the licensee or his servant or agent may request that person to furnish him with a certificate in the prescribed form, signed by that person, specifying the true age of that person. (2) If a person, on being requested to furnish a certificate under this section- (a) fails to furnish such a certificate; or (b) furnishes such a certificate that is false or misleading in any material particular, that person is guilty of an offence against this Act. (3) A person shall not be guilty of an offence against the provisions of paragraph (b) of subsection (1) of section 58 of this Act or of paragraph (b) of section 59 of this Act if lie shows that at the time he supplied, permitted to be supplied, gave, or treated liquor to a person under the age of twenty-one years lie had obtained from that person a certificate prescribed by this section which indicated that the person had attained that age or, being an employee in the licensed premises concerned and not being in charge of the part of those premises wherein the minor concerned was supplied with, given or treated liquor, he requested the licensee or other person in charge of that part of the licensed premises to obtain from the minor concerned such a certificate before he supplied, permitted to be supplied, gave or treated the liquor to the minor.".

40 Liquor Act Amendment Act 1970, No. 3 35. Repeal of and new s. 67B . The Principal Act is amended by repealing section 67B and inserting in its stead the following section:- " 67B. Foods dispensed in bars to be in prescribed condition. A licensed victualler or other person shall not sell or supply or permit to be sold or supplied in any bar on the licensed premises of the licensed victualler food other than liquor, cordials, mineral waters, and foodstuff that is in a condition suitable for its immediate consumption." 36. Amendment to s. 67C. Section 67c of the Principal Act is amended by omitting the words "foodstuff of a kind or class specified in subsection (2) of section 67B of this Act" and inserting in their stead the words "item of foodstuff". 37. Repeal of and new s. 69 . The Principal Act is amended by repealing section 69 and inserting in its stead the following section:- " 69. Licensed victualler ' s hours of trading. (1) Save where it is otherwise expressly authorized by this Act, a licensed victualler shall not keep his licensed premises open for the sale of liquor, or sell or supply liquor, or permit liquor to be drunk or consumed on his licensed premises- (a) on Good Friday or Christmas Day at any time; (b) on Anzac Day (not being a Sunday) except between the hours of one o'clock and ten o'clock after noon; (c) on Sunday except during the permitted hours; (d) on any day other than a day hereinbefore specified, except between the hours of ten o'clock before noon and ten o'clock after noon, or, in the case of particular licensed premises, between the hours and for such periods within those hours fixed by the Commission. (2) Upon the application of a licensed victualler the Commission may fix hours between which and the period within those hours during which the licensee may keep his licensed premises open for the sale of liquor, sell or supply liquor and permit liquor to be drunk or consumed on his licensed premises, having regard to the location of the premises and the needs of those who might be expected to resort thereto. In no case shall a period, being a continuous period, or the aggregate of periods, being broken periods, fixed by the Commission under this subsection exceed twelve hours in any period of twenty-four hours. (3) For the purposes of this section the expression "permitted hours" means- (a) in respect of a Sunday (not being Anzac Day), the periods between the hours of eleven o'clock before noon and one o'clock after noon and between the hours of four o'clock and six o'clock after noon; (b) in respect of a Sunday (being Anzac Day), the period between the hours of four o'clock and six o'clock after noon;

Liquor Act Amendment Act 1970, No. 3 41 (c) where under subsection (4) of this section the Commission has duly fixed hours by varying the permitted hours in respect of any or every Sunday, the period or periods between the hours so fixed in so far as the licensed premises in relation to which the hours were so fixed are concerned, and has no application in respect of any day other than a Sunday. (4) Upon the application of the majority of licensed victuallers whose licensed premises are situated in a district the Commission may in its discretion by order vary the permitted hours in respect of any or every Sunday in so far as all licensed victuallers' licensed premises within the district are concerned. Where the Commission makes an order varying the permitted hours it shall specify therein the licensed premises which the order concerns. The Commission- (a) shall not entertain an application made under this subsection unless it is satisfied that the applicants have given or caused to be given to all other licensed victuallers whose licensed premises are situated in the district in gsestion notice of intention to make the application at least seven days before the date of the application; (b) shall not vary the permitted hours unless the Commission is satisfied the interest of the public in the district requires it; (c) shall not so vary the permitted hours that- (i) on Anzac Day (being a Sunday) they exceed two hours; (ii) on any Sunday they exceed four hours; (d) shall not so vary the permitted hours in respect of Anzac Day (being a Sunday) that they commence before one o'clock after noon. (5) The Commission may from time to time by order impose conditions and limitations in respect of the sale, supply, drinking and consumption of liquor during the permitted hours generally or in relation to a particular district or to particular premises and may at any time revoke an order so made. (6) Subject to this subsection a licensed victualler may during the permitted hours- (a) keep his licensed premises open for the sale and supply during those hours of liquor for the purpose of its being drunk or consumed by persons during those hours on any part of the premises; (b) sell and supply liquor for consumption during those hours on any part of the premises; (c) permit liquor to be drunk or consumed on any part of the premises. i

42 Liquor Act Amendment Act 1970, No. 3 A licensed victualler shall during the permitted hours- (a) comply in all respects with the conditions and limitations applicable with respect to his licensed premises and imposed by order of the Commission made under subsection (5) of this section; (b) sell and supply liquor and permit liquor to be drunk or consumed in all parts of the licensed premises (other than a dining room) where liquor is usually sold, supplied, drunk or consumed at all times when he keeps any bar on his licensed premises open for the sale of liquor. (7) Persons who under this Act may lawfully be sold or supplied liquor may, during the permitted hours, drink or consume on any part of the licensed premises of a licensed victualler liquor sold or supplied. by the licensee during those hours. (8) In the event of- (a) non-compliance by a licensed victualler with any condition or limitation applicable with respect to his licensed premises and imposed by order of the Commission made under subsection (5) of this section; or (b) the sale or supply by a licensed victualler or the drinking or consumption on his licensed premises of liquor on a Sunday at a time when the sale , supply , drinking or consumption of liquor is not authorized by this section in respect of the day in question; or (c) a non-compliance by a licensed victualler during the permitted hours with any provision of this section, the Commission may, upon notice to the licensed victualler and affording him the opportunity to be heard and irrespective of whether proceedings as for an offence have been taken against the licensed victualler with respect to the matter , by order prohibit , either for a specified period or until further order, the sale , supply, drinking and consumption of liquor on the licensed premises of the licensed victualler, or on any specified part of the premises. during the permitted hours. (9) Where there is in force in respect of the licensed premises of a licensed victualler, or part of those premises . an order of the Commission made under subsection ( 8) of this section the licensed victualler shall not at any time during the permitted hours keep the licensed premises, or the part thereof to which the order relates, open for the sale of liquor, or sell or supply liquor , or permit liquor to be drunk or consumed on the licensed premises, or the part thereof to which the order relates. (10) A licensed victualler may sell or supply liquor to be drunk or consumed in a dining room on his licensed premises by a person seated at a table and bona fide partaking of a meal in that dining room- (a) on Good Friday and Christmas Day, between the hours of twelve noon and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon;

Liquor Act Amendment Act 1970, No. 3 43 (b) on Sunday ( not being Christmas Day or Anzac Day), between the hours of twelve noon and two o'clock after noon and between the hours of six o'clock and ten o'clock after noon; (c) on Sunday ( being Anzac Day), between the hours of one o'clock and two o'clock after noon and between the hours of six o'clock and ten o'clock after noon; (d) on any day other than Good Friday, Christmas Day or Sunday, between the hours of ten o'clock after noon and twelve midnight, and may on any day permit liquor so sold or supplied to any person to be drunk or consumed between the hours specified in this subsection with respect to that day. (11) A person seated at a table and bona fide partaking of a meal in a dining room on the licensed premises of a licensed victualler at a time when the licensee may under subsection (10) of this subsection lawfully permit him to drink or consume liquor there may drink or consume liquor lawfully sold or supplied to him by the licensee pursuant to that subsection. (12) A licensed victualler shall not be obliged by reason of any provision of this section to permit liquor to be drunk or consumed on his licensed premises by any person during the permitted hours or by any person seated at a table in a dining room on those premises and bona fide partaking of a meal therein between the hours specified in subsection ( 10) of this section on the days therein referred to or to sell or supply liquor for the purpose of its being so drunk or consumed. (13) For the purposes of this section- " meal " means a substantial meal, at which the person partaking thereof is seated at a table, of at least two courses of which one consists of fish or meat other than in sandwich form; " dining room " means a room on the licensed premises of a licensed victualler set apart and used solely or principally for the consumption of meals therein by hona fide lodgers and other persons desirous of partaking of meals on those premises : The term does not include any lounge , bar, beer garden or other place on the licensed premises wherein liquor is sold or supplied or consumed at any time ether than between the hours specified in subsection (10) of this section. (14) A person who- (a) is found drinking or consuming liquor on licensed premises of a licensed victualler or leaving such premises with liquor in his possession during any day or time during which the sale of liquor is not authorized by this section or is prohibited by an order of the Commission made under subsection (8) of this section; or (b) on the licensed premises of a licensed victualler obtains or attempts to obtain liquor by falsely representing that he intends at the same time to partake of a meal in a dining room on those premises, is guilty of an offence against this Act.

44 Liquor Act Amendment Act 1970, No. 3 (15) The provisions of this section- (a) shall not apply in respect of liquor sold or supplied to, or drunk or consumed by or permitted to be drunk or consumed by a lodger in the licensed premises of a licensed victualler or by a guest of such a lodger on those premises if the liquor is not drunk or consumed at or in any bar or place where liquor is sold over the counter on those premises; (b) shall not derogate from or otherwise affect the provisions of sections 58, 59, 60, 64 and 80 of this Act. (16) Notwithstanding the foregoing provisions of this section a person shall not commit an offence against any provision of this section by reason only that on any day he drinks or consumes on the licensed premises of a licensed victualler liquor, lawfully sod or supplied to him, (a) during a period of fifteen minutes after the hours prescribed in respect of that day by subsection (1) of this section or defined in relation to that day by subsection (3) of this section; (b), during a period of one hour after the hours prescribed in respect of that day by subsection (10) of this section, and a licensed victualler shall not commit any such offence by reason only of his permitting such a person to so drink or consume such liquor. (17) Proof that during any day or time during which the sale of liquor is not authorized by this section or is prohibited under this section- (a) any door or other entrance or means of any kind by which admission can be gained whether from outside or inside the licensed premises to- (i) any bar or place where liquor is sold over the counter on the licensed premises; or (ii) any place in the licensed premises where liquor is kept for sale or stored ; or (b) any aperture or other means of any kind through or by which liquor can be delivered or obtained from any bar or place where liquor is sold over the counter on the licensed premises, or from any place on the licensed premises where liquor is kept for sale or stored, is open or unlocked shall be prima facie evidence of a sale and consumption of liquor on the licensed premises during such day or time. (18) A person who is guilty of an offence against any provision of this section shall, for a first such offence, be liable to a penalty of not more than one hundred dollars nor less than fifty dollars and for a second or subsequent offence, whether against the same or a different provision of this section, to a penalty of not more than two hundred dollars nor less than one hundred dollars. (19) A conviction of a licensed victualler for an offence against any provision of this section shall be recorded in the register of licenses and shall be endorsed on his license.".

Liquor Act Amendment Act 1970, No. 3 45 38. New s. 69A. The Principal Act is amended by inserting after section 69 the following section:- " 69A. Festivities permit for premises of licensed victualler. (1) For the purpose of enabling suitable festivities to be held on the occasion of New Years Eve or other prescribed occasion a licensed victualler may make application to the court or, in the absence of the stipendiary magistrate constituting the court, to the principal officer of police stationed in the district in which his licensed premises are situated for the grant of a permit (in this subsection called a " festivities permit "). In every such application there shall be specified the part or parts of the licensed premises in respect of which the festivities permit is sought and the type of festivities proposed to be conducted on the occasion in question. (2) The court or principal officer of police may in its or his discretion grant a festivities permit which shall authorize the licensee to whom it is granted- (a) to keep the part or parts specified therein of the licensed premises open for the sale of liquor; (b) to sell and supply liquor in such part or parts; (c) to permit liquor to be drunk or consumed in such part or parts; (d) to conduct or permit to be conducted in such part or parts such festivities as are specified therein, on the date and between the hours specified therein and the licensee shall not commit an offence against this Act by reason of his so doing. (3) A festivities permit may be granted in respect of any prescribed occasion save when that occasion commences on a Sunday but the authority of the permit shall not extend beyond the hour of three o'clock before noon on the day next following the date of the occasion. (4) Notwithstanding any other provision of this Act- (a) it shall be lawful for any person to whom liquor may lawfully be sold or supplied to consume or have in his possession liquor in a place and at a time covered by the authority of a festivities permit; (b) where terms of a festivities permit are complied with in every respect a part of the licensed premises covered by the authority of the permit shall not be deemed to be a public hall within the meaning assigned to that term in subsection (3) of section 166A of this Act within the hours covered by the authority of the permit and one hour theretofore and one hour thereafter.". 39. Amendment to s. 73. Section 73 of the Principal Act is amended by adding the following subsection:- " (4) This section does not apply to a person found on licensed premises within any prescribed period after the time when those premises are required by this Act to be closed in such circumstances that he does not commit an offence by reason only of his consuming liquor during such period."

46 Liquor Act Amendment Act 1970, No. 3 40. Repeal of and new s. 75 . The Principal Act is amended by repealing section 75 and inserting in its stead the following section:- " 75. Dancing , etc., on licensed premises and private hirings of licensed premises . (1) The court may, upon' the application of a licensed victualler, (a) permit dancing or public singing on any part of the licensed premises of the licensed victualler open to public resort; (b) permit any part of the licensed premises of the licensed victualler to be used for theatrical representations, public musical performances, performances for entertainment purposes of whatever description (including athletic or sporting performances) or as a place of common resort to which admission is by ticket or special payment. Such permission (if it is given) shall be in writing and may be given with respect to a period specified therein (in any case not exceeding six months) or without specification of any period in which case it shall be taken to subsist until it is revoked by the court or made subject to a time limitation by way of variation ui,der this section. (2) The court may subject its permission granted under the preceding subsection to such terms and conditions as it thinks fit and specifies in the permission and may at any time, by notice in writing given to the licensed victualler, personally or by post, revoke the permission or vary the terms and conditions thereof or its duration. Such a notice shall be deemed to form part of the permission. (3) If a licensed victualler contravenes or fails to comply with the terms and conditions to which such a permission is for the time being subject he commits an offence against this Act. (4) Any person on behalf of a society, association or assembly of persons may hire and use any part of the licensed premises of a licensed victualler and independently of the licensed victualler keep exclusive control over admission to such part, subject to the following provisions of this section. (5) In respect of each such hiring prior application shall be made to tale court for its permission to the hiring. The application shall identify- (a) the occasion for which the permission is sought; (b) the person who proposes to hire the premises and the society, association or assembly of persons on whose behalf he acts; (c) the period of time for which the permission is to subsist. The permission, if granted, shall likewise identify the matters in this subsection referred to. (6) An application under the last preceding subsection may seek the permission of the court to the consumption in the premises hired, within the hours for which the permission is to

Liquor Act Amendment Act 1970, No. 3 47 subsist, liquor procured from the licensed victualler and stored in such premises at a time when liquor may lawfully be sold or supplied in the licensed premises. (7) The court may, in its discretion, grant such an application and may subject its permission so granted to such terms and conditions as it thinks fit and specifies in the permission. The court may at any time by notice in writing given to the licensed victualler concerned, personally or by post, revoke the permission or vary the terms and conditions thereof or its duration. (8) For so long as such a permission subsists and its term and conditions are complied with it shall be lawful for the licensed victualler to permit persons in the part of the licensed premises so hired to consume and, subject to sections 59 and 60 of this Act, for those persons to consume liquor. (9) Where in relation to the consumption of liquor in premises so hired the court has subjected its permission to terms and conditions, then in the event of a contravention of or failure to comply with those terms and conditions- (a) the licensed victualler shall be deemed to have permitted liquor to be consumed on his licensed premises at a prohibited time and to have thereby contravened section 69 of this Act; and (b) every person found in the part of the licensed premises so hired at a time when liquor may not lawfully be sold or supplied on those premises shall be deemed to be found on the licensed premises at a prohibited time and to have thereby contravened section 73 of this Act. (10) A licensed victualler shall not- (a) permit any activity or use referred to in subsection (1) of this section in a part of his licensed premises therein specified; or (b) hire any part of his licensed premises, unless the permission of the court is first had and obtained under this section. Penalty: Twenty dollars. (11) The provisions of the last preceding subsection do not apply in respect of- (a) music for dancing permitted under subsection (I ) of this section; (b) a part of licensed premises covered by the authority of a festivities permit granted under section 69A of this Act at a time covered by the authority of' such permit; (c) music broadcast by radio or television or produced by mechanical means approved by the Commission; (d) the playing of music by lodgers, the licensee or members of his family on any part of licensed premises other than a bar; (e) the playing of' music by a person or group of persons engaged or invited by the licensee in a lounge on licensed premises.

48 Liquor Act Amendment Act 1970, No. 3 (12) For the purposes of this section the term "court" includes, in the absence of the stipendiary magistrate constituting the court, the principal officer of police stationed in the district in which the licensed premises concerned are situated.". 41. Amendment to s. 83. Section 83 of the Principal Act is amended by, in paragraph (a), omitting the word " seven " and inserting in its stead the word " twenty-eight " 42. Amendment to s. 84 . Section 84 of the Principal Act is amended by in subsection (1) omitting from paragraph (b) the word " seven " and inserting in its stead the word " twenty-eight ". 43. Amendment to s. 85. Section 85 of the Principal Act is amended by omitting the word " court " where it twice occurs and inserting in its stead in each case the word " Commission ". 44. Amendment to s. 91A . Section 91A of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) (a) Subject to paragraph (b) of this subsection, no film shall at any time be exhibited- (i) in a bar on the licensed premises of a licensed victualler; (ii) in a part of the licensed premises of a licensed victualler, other than a bar on such premises, except with the permission of the Commission first had and obtained. (b) Notwithstanding the provisions of paragraph (a) of this subsection, it shall be lawful for a film to be exhibited in a lounge on licensed premises if the film is a travel, documentary or educational film or a film of such other classification as may be prescribed.". 45. Amendments to s. 92 . Section 92 of the Principal Act is amended by- (a) numbering that section as subsection (1); and (b) addinCg, the following subsection:- (2) No owner, lessee, occupier or other person having the charge or control of premises, whether licensed or unlicensed, specifically constructed and primarily used for accommodation of and service to the travelling public shall be liable to make good to any guest or lodger any loss of or injury to goods or property brought to such premises, except in the following cases, that is to say,- (a) if such goods or property have been stolen, lost or injured through the wilful act, default or neglect of such owner, lessee, occupier or other person or any servant or person in his employ; or (b) if such goods or property have been deposited with him expressly for safe custody. In the case of goods or property so deposited, the owner, lessee, occupier or other person having the charge or control of such premises may, if he thinks fit, require as a condition to his liability that such goods or property be placed in a box or other receptacle fastened and sealed by the person depositing them.

Liquor Act Amendment Act 1970, No. 3 49 Every owner, lessee, occupier or other person having the charge or control of such premises shall keep a copy of this section always conspicuously exhibited on such premises near the principal entrance thereof, and in default of so doing he shall not be entitled to the benefit of this section.". 46. Repeal of and new s . 108. The Principal Act is amended by repealing section 108 and inserting in its stead the following section:- 108. Bulk liquor sales by certain persons only . A person shall not at any one time sell or dispose of or deliver for or upon sale liquor in quantities of two gallons or more unless he is- (a) a registered brewer or registered distiller; (b) a licensed victualler; (c) a licensed auctioneer selling under conditions defined in section 5 of this Act; (d) a holder of a spirit merchant's license; or (e) a holder of a spirit merchant's (retail) license so authorized by the conditions of his license. The provisions of this section relating to the delivery of liquor for or upon sale do not apply to a person who delivers liquor in the course of his business as a carrier.". 47. Repeal of and new s. 109 . The Principal Act is amended by repealing section 109 and inserting in its stead the following section:- " 109. Restrictions on trade of spirit merchant . The holder of a spirit merchant's license shall not- (a) at any one time sell or dispose of liquor in quantities of less than two gallons; (b) sell or dispose of liquor at premises other than the licensed premises in respect of which such license exists; (c) at any one time deliver at or from the licensed premises in respect of which such license exists or permit any person to take away from those premises at any one time liquor from the stocks kept in those premises in quantities less than two gallons.". 48. New s . 110. The Principal Act is amended by inserting after section 109 the following section:- " 110. Authority of spirit merchant ' s (retail ) license. The holder of a spirit merchant's (retail) license may sell or dispose of liquor from the licensed premises in respect of which the license exists but only in accordance with the provisions, conditions and restrictions to which his license is , for the time being, subject.". 49. Repeal of and new s. 111 . The Principal Act is amended by repealing section 111 and inserting in its stead the following section:- " 111. Penalty for bulk sales without license. (1) A person who contravenes a provision of section 108 of this Act is guilty of an offence against this Act and is liable- (a) for a first offence to a penalty not exceeding two hundred dollars nor less than one hundred dollars or to imprisonment with or without hard labour for a period not exceeding six months;

50 Liquor Act Amendment Act 1970, No. 3 (b) for a second or subsequent offence to a penalty not exceeding four hundred dollars or to imprisonment with or without hard labour for a period not exceeding twelve months, and, by order of the court that convicts him, he may be disqualified for any period (but for a first offence not exceeding five years) from holding any license authorizing the sale of liquor by the holder. A court that convicts a person of such an offence may declare all liquor found in his possession and all vessels or packages containing the same to be forfeited and the same shall thereby be forfeited and may be seized by an inspector.". 50. Amendment to s. 114 . Section 114 of the Principal Act is amended by, in paragraph (a) of subsection (3), omitting subparagraph (ii) and inserting in its stead the following subparagraph:- (ii) if situated within the Area of any of the Cities of Bundaberg, Cairns, Ipswich, Mackay, Maryborough, Rockhampton, Toowoomba and Townsville, of two hundred members; ". 51. Amendment to s. 117. Section 117 of the Principal Act is amended by, in subsection (1),- (a) omitting from paragraphs (a) and (b) the words " not undergoing compulsory service "; (b) adding to paragraph (c) the following proviso:- " : Provided however that a wife, father, mother, son or daughter of a serviceman, ex-serviceman or member of the permanent forces as aforesaid may be admitted as an associate member of the club.". 52. Amendments to s. 121 . Section 121 of the Principal Act is amended by- (a) omitting subsection (3) and inserting in its stead the following subsection :- (3) (a) A licensed club shall not sell or supply liquor or permit or suffer liquor to be consumed on its licensed premises except between the hours of ten o'clock before noon and ten o'clock after noon or, in the case of a particular licensed club, except between the hours and for the period within those hours fixed by the Commission in respect of that club. (b) Upon the application of a licensed club the Commission may fix hours between which and the period within those hours during which the licensed club may sell or supply or permit or suffer liquor to be consumed on its licensed premises, having regard to the location of the licensed club and the needs of its members. In no case shall a period, being a continuous period, or the aggregate of periods, being broken periods fixed by the Commission under this subsection exceed twelve hours in any period of twenty-four hours."; (b) omitting subsection (6A);

Liquor Act Amendment Act 1970, No. 3 51 (c) in subsection (6B)- (i) omitting the words " subsections (6F), (6FA) and (6H) " and inserting in their stead the words " subsection (6H) "; (ii) inserting in paragraph (a) after the words " licensed golf club and within the bracket the words " or a licensed principal sporting club "; (iii) omitting subparagraphs (i) and (ii) of paragraph (b) and inserting the following subparagraphs:- " (i) in respect of a Sunday (not being Anzac Day) the period between the hour of ten o'clock before noon and the hour of seven o'clock after noon; (ii) in respect of a Sunday (being Anzac Day) the period between the hours of one o'clock and seven o'clock after noon; "; (iv) adding the following paragraph:- " (c) in relation to the licensed premises of a principal sporting club- (i) the hours defined by paragraph (a) of this subsection; or (ii) where the Commission has varied those hours (the Commission being empowered hereby so to do, from time to time, and either generally or in respect of a particular club), the hours specified by the Commission in such variation. (d) in paragraph (a) of subsection (6c)-- (i) omitting from subparagraph (i) the words " situated in the permitted area "; (ii) inserting in subparagraph (i) after the words " licensed golf club " and within the bracket the words " or a licensed principal sporting club "; (iii) omitting from subparagraph (ii) the words " wheresoever situated "; (iv) inserting after subparagraph (ii) the following subparagraph:- (iii) Permit or suffer to be consumed during the permitted hours on any Sunday on the licensed premises of the licensed club being a licensed principal sporting club by members of the club and guests of members; "; (v) renumbering the existing subparagraph (iii) as subparagraph (iv); (e) omitting subsection (6D) and inserting in its stead the following subsection:- (66) A licensed club (not being a licensed bowling club, a licensed golf club or a licensed principal sporting club) may- (a) Permit or suffer liquor to be consumed by members of the club and guests of members during the permitted hours on any Sunday on the licensed premises of the club; (b) Sell and supply to members of the club and guests of members during the permitted hours on any Sunday liquor for consumption by members and guests of members during those hours on the licensed premises of the club ";

68 Liquor Act Amendment Act 1970, No. 3 125GD. Objections to grant of function room license. (1) Before granting a function room license, the Commission shall hear and consider objections, if any, made personally or by petition to the Commission by- (a) the Local Authority of the city, town or shire in which the premises to which the application relates are, or are to be, situated; (b) any elector of the district in which the premises to which the application relates are, or are to be, situated; (c) the owner or licensee of licensed victualler's premises in the locality of the site whereon the premises to which the application relates are, or are to be, situated. (2) An objection may be upon one or more of the grounds which might have been taken pursuant to section 122 of this Act if the application were an application for a registered club license under Part VI of this Act. 125GE. Conditions applicable to function room licenses. (1) The Governor in Council may from time to time prescribe conditions to which function room licenses shall be subject. (2) Such conditions may be prescribed to apply generally to all function room licenses or to a particular function room license. (3) Upon granting a function room license, the Commission may specify conditions, not inconsistent with this Act, to which the license shall be subject, and without restricting the generality of the power of the Commission to specify conditions under this subsection, such conditions may be specified with respect to- (a) the duties and obligations of the licensee; (b) the fittings, furniture, equipment, accommodation and other amenities of the part or parts of the premises in which liquor is authorized by the license to be sold, supplied or served; (c) the persons to whom liquor may be lawfully sold, supplied or served pursuant to the license; (d) the persons who may lawfully consume liquor at the premises in respect of which the license is granted; (e) the manner in which liquor shall be sold, supplied or served pursuant to the license; (f) the cancellation, forfeiture or suspension of the license. (4) The Commission may, from time to time, vary or add to the conditions for the time being specified in relation to a function room license. 125GF. Offences . (1) A function room licensee shall not keep his licensed premises open for the sale of liquor, or sell, supply or serve liquor, or permit liquor to be drunk or consumed on his licensed premises except on the days and during the times on the days on or during which the licensee is authorized by his license to sell, supply or serve liquor.

Liquor Act Amendment Act 1970, No. 3 69 (2) A function room licensee shall not sell, supply or serve liquor to, or permit or suffer liquor to be consumed on his licensed premises by any person except a person to whom he is authorized by his license to sell, supply and serve liquor. (3) A function room licensee who contravenes or fails to comply with a condition to which the license is, for the time being, subject is guilty of an offence against this Act. (4) Any person who is found drinking or consuming liquor on licensed premises to which a function room license applies on any day, or at any time on any day, on or during which the sale of liquor is not authorized by the license is guilty of an offence against this Act. (5) A person shall not consume liquor on the licensed premises in respect of which a function room license is issued unless he is a person authorized by this Part to consume liquor on those premises. (6) Any person who carries away liquor of any kind from the licensed premises to which a function room license applies is, unless he proves that the liquor was in his possession before he entered the function room, guilty of an offence against this Act. This subsection has no application to a carrier, delivery man or other person collecting liquor from the licensee of a licensed function room in the ordinary course of business.". 70. New Part VIH. The Principal Act is amended by inserting after Part VIG as inserted by this Act the following Part:-- " PART VIH-TAVERN LICENSES 125HA. Meaning o f terms. In this Part, unless the context otherwise indicates or requires, " meal " means a substantial meal, at which the persons partaking thereof are seated at a table, of at least two courses one of which consists of fish or meat other than in sandwich form ; " tavern-keeper " means the holder of a tavern license. 125HB . Nature of tavern license . A tavern license is a licensed victualler's license that has been converted by the Commission to a tavern license. 125HC. Application of Act to taverns. Subject to this Part, the provisions of this Act shall apply with respect to- (a) tavern licenses; (b) tavern-keepers; (c) licensed tavern premises; (d) the sale, supply and consumption of liquor in taverns; (e) persons who may lawfully be in licensed tavern premises, as if a tavern license were a licensed victualler's license, a tavern- keeper were the holder of a licensed victualler's license, and a tavern were the licensed premises of a licensed victualler.

70 Liquor Act Amendment Act 1970, No. 3 125HD. Conversion of licensed victualler ' s license to tavern license on removal . Where the Commission proposes to remove a cancelled, surrendered, forfeited or expired licensed victualler's license pursuant to section 48 of this Act or to remove a subsisting licensed victualler's license pursuant to section 49A of this Act and is satisfied that the needs of the locality to which it is proposed to remove the license and of the public therein would be sufficiently served by a tavern in that locality it may, subject to its complying with the procedural requirements of whichever of those sections is material, remove the license as a tavern license. 125HE. Conversion of licensed victualler ' s license at request of licensed victualler . Upon the application in. writing of a licensed victualler the Commission may, in its discretion, if it is satisfied that the needs of the locality of the licensed victualler's premises and of the public in that locality would be sufficiently served by a tavern on the site of the licensed victualler's premises, convert the license to a tavern license. 125HF . Conversion of tavern license to licensed victualler's license. If at any time the Commission proposes to remove a cancelled, surrendered, forfeited or expired tavern license pursuant to section 48 of this Act or to remove a subsisting tavern license pursuant to section 49A. of this Act it may convert the license to a licensed victualler's license and, subject to this Act, remove the license as a licensed victualler's license if the Commission is satisfied that the needs of the locality to which it is proposed to remove the license and of the public therein would be better served thereby. 125HG. Endorsement of converted license. When the Commission has converted a licensed victualler's license to a tavern license or a tavern license to a licensed victualler's license it shall cause the license to be endorsed accordingly and an appropriate entry to be made in the register of licenses. A licensee shall, if so required by the Commission, produce the license in question to the Commission for such endorsement. 125HH . Obligation on tavern - keeper to provide meals. At all times while his tavern premises are open for business a tavern- keeper shall hold himself ready to provide meals to persons seeking the same. 125H1. Tavern not to offer accommodation . (1) A tavern- keeper shall not provide or offer to provide residential accommodation in his tavern premises to any person save himself, a member of his family or a person who is an employee of his in relation to the tavern. (2) Any provision of this Act that requires a licensed victualler to provide residential accommodation in his licensed premises for guests shall not apply to a tavern-keeper.". 71. Amendment to s. 131. Section 131 of the Principal Act is amended by inserting after the first paragraph the following paragraph:- " The power of arrest conferred by the preceding paragraph does not extend in respect of a person partaking of a meal (within the meaning of that term in section 125AA of this Act) in the unlicensed premises of a restaurant and drinking liquor if such person shows that the liquor was in his possession before he entered the restaurant.".

Liquor Act Amendment Act 1970, No. 3 71 72. Amendment to s. 151A. Section 151A of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- " (2) For the purposes of this Part the locality to which it is proposed to remove a licensed victualler's license comprises- (a) save where the Governor in Council otherwise determines, the area defined by the Commission pursuant to subsection (2) of section 48B of this Act or pursuant to subsection (2) of section 49A of this Act, as the case may be; (b) where the Governor in Council otherwise determines, such area as is defined by Order in Council published in the Gazette." 73. Amendment to s. 151B . Section 151B of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection :- " (1) A local option vote may be taken in a locality to which it is proposed to remove a licensed victualler's license pursuant to section 48 or 49A of this Act. A local option vote shall not be taken in a locality unless at least ten per centum of the electors in that locality have petitioned for the taking of the vote as prescribed by subsection (2) of this section."; (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) Where notice is published as prescribed by subsection (2) of section 48B of this Act or by subsection (3) of section 49A of this Act, a petition for the taking of a local option vote in the locality to which it is proposed to remove the licensed victualler's license may be presented to the Commission not later than the date specified as the last day for its lodgment in the notice.". 74. New s. 166C. The Principal Act is amended by inserting after section 166B the following section:- " 1660. (1) Upon the application made to it in that behalf by any person on behalf of a body or association of persons and upon payment of the prescribed fee the Commission may in its discretion and subject to this subsection grant to the applicant a permit (in this section called a " National Day permit "). An application for a National Day permit shall be made not less than twenty-one days before the date on which the celebration of the national day in respect of which the application is made is to be held. The applicant shall therein state the name of the body or association of persons by whom or on whose behalf the celebration will be conducted and shall include therein or otherwise furnish to the Commission such other information as is prescribed or as the Commission requires.

72 Liquor Act Amendment Act 1970, No. 3 The Commission may grant a National Day permit in respect of only one date in any calendar year for the celebration of the national day of any country. The Commission shall not grant a National Day permit upon an application unless it is satisfied that- (a) the application is made on behalf of the body or association of persons recognized generally by persons of the nationality in question resident in Queensland as representing that national group within Queensland; (b) the premises on which the celebration of the national day in question is to be conducted are so situated and, if they consist of a structure so constructed and have such amenities and facilities as to be suitable for use for the purpose of a celebration of a national day at which liquor is supplied and consumed, having regard to the facilities which might reasonably be expected to be provided for such purpose in the locality in question. (2) A National Day permit- (i) shall be in or to the effect of the prescribed form; (ii) shall be subject to the observance by the holder thereof of such conditions as the Commission imposes thereon and as are specified therein; (iii) shall apply only in respect of the occasion and the premises and between the hours specified therein which hours, if the permit relates to Sunday, shall not exceed five ; (iv) may be revoked by the Commission at any time by notice to the person to whom it was granted; (v) while it remains in force and for so long as the provisions of this section and the conditions specified in the permit are complied with, shall be lawful authority for the sale and supply by the person to whom it was granted and for the consumption by persons bona fide attending the celebration concerned of liquor on the premises on which the celebration is being conducted between the hours specified in the permit. (3) A person- (i) shall not supply or serve liquor to any person under or apparently under the age of twenty-one years at a celebration in respect of which a National Day permit exists; (ii) shall not supply or serve liquor to any person at such celebration who is or appears to be intoxicated; (iii) under the age of twenty-one years shall not consume liquor at such a celebration; (iv) other than the person to whom a National Day permit is granted and other than a person acting on his behalf and under his authority, shall not bring liquor onto premises in respect of which the permit exists on the occasion in respect of which the permit exists;

Liquor Act Amendment Act 1970, No. 3 73 (v) shall not consume liquor supplied to him at a national day celebration in respect of which a permit exists elsewhere than on the premises on which the celebration is being conducted or at any time other than between the hours specified therefor in the permit. (4) A person shall not have in his possession or under his control liquor- (a) in; or (b) in the vicinity of, any premises while a national day celebration in respect of which a National Day permit exists is being or is about to be conducted on those premises or within one hour after the conclusion of the celebration on those premises unless- (c) in the case prescribed in paragraph (a) of this subsection, he- (i) is the person to whom the permit was granted or is someone acting on behalf of and under the authority of such person; or (ii) was supplied or served with the liquor by a person referred to in the last preceding subparagraph; (d) in the case prescribed in paragraph (b) of this subsection, he- (i) is a person referred to in subparagraph (i) of paragraph (c) of this subsection; and (ii) is carrying the liquor to or away from the premises concerned. A person who contravenes a provision of this subsection shall, for a first such offence, be liable to a penalty of not more than twenty dollars nor less than four dollars and for a second or subsequent such offence, whether against the same or another provision of this subsection, to a penalty of not more than forty dollars nor less than ten dollars. For the purposes of this subsection liquor shall be deemed to be in the vicinity of premises if it be shown that it was in the possession or control of a person attending or proceeding to attend or who had attended a national day celebration being or about to be conducted on such premises or which had been conducted on such premises or that such liquor was consumed or intended for consumption by any person attending such celebration.". 75. New s. 166D. The Principal Act is amended by inserting after section 166c as inserted by this Act the following section:- " 166D. Unlicensed club permits . (1) Upon application in the prescribed form made to it in that behalf by any person on behalf of any body or association of persons and upon payment of the prescribed fee the court may, subject to this subsection, in its discretion grant to the applicant a permit (in this section called an " unlicensed club permit ").

74 Liquor Act Amendment Act 1970, No. 3 An application for an unlicensed club permit shall be made not less than twenty-one days before the date on which a function of the club with respect to which the application is made is to be held. Such an applicant shall state in his application the name of the body or association of persons by or on whose behalf the function with respect to which the application is made will be held and the type of function to be held and shall include therein or otherwise furnish to the court such other information as is prescribed or as the court requires. The court shall not grant an unlicensed club permit to any person unless it is satisfied that the premises on which the function concerned is to be held are so constructed and situated and have such amenities and facilities as to be suitable for use for the purposes of such a function at which liquor is supplied and consumed having regard to the facilities which might reasonably be expected to be provided for such purposes in the locality in question. (2) An unlicensed club permit- (i) shall be in or to the effect of the prescribed form; (ii) shall be subject to the observance by the holder thereof of such conditions as the court imposes and as are specified therein; (iii) shall apply only in respect of the occasion and the premises and between the hours specified therein; (iv) shall not be granted in respect of licensed premises; (v) may be revoked by the court at any time upon notice to the person to whom it was granted; (vi) while it remains in force and for so long as the provisions of this section and the conditions specified in such permit are complied with, shall be lawful authority for the sale and supply by the person to whom it was granted and for the consumption by persons bona fide attending the function concerned of liquor on the premises on which such function is being held between the hours specified in the permit. (3) A person- (i) shall not supply or serve liquor to any person under or apparently under the age of twenty-one years at a function in respect of which an unlicensed club permit has been granted; (ii) shall not supply or serve liquor to any person at such a function who is or appears to be intoxicated; (iii) under the age of twenty-one years shall not consume liquor at such a function; (iv) other than the person to whom an unlicensed club permit has been granted, or a person acting on his behalf and under his authority, shall not bring liquor on to premises in respect of which an unlicensed club permit has been granted on the occasion with respect to which such permit has been granted;

Liquor Act Amendment Act 1970, No. 3 75 (v) shall not consume liquor sold, supplied or served to him at a function in respect of which an unlicensed club permit has been granted elsewhere than on the premises on which such function is being held or at any time other than between the hours specified therefor in such permit. (4) The person to whom an unlicensed club permit has been granted or, if such person is not in attendance at the function in respect of which such permit has been granted, the person in attendance who is in charge of the conduct of such function on behalf of the body or association of persons on whose behalf the application for such permit was made, shall remove or cause to be removed from the premises on which such function is being or is about to be held any person who, in the opinion of the person charged with the duty imposed by this subsection, is drunk or offensive to other persons in attendance at such function and for such purpose may use such force as is required to perform his duty. All police officers are hereby required, on the request of the person charged with the duty imposed by this subsection, to remove or assist in removing the person concerned from such premises and may use such force as is required in so doing. (5) A person shall not have in his possession or under his control liquor-- (a) in; or (b) in the vicinity of, any premises while a function in respect of which an unlicensed club permit has been granted is being or is about to be held on those premises or within one hour after the conclusion of such a function on those premises unless- (c) in the case prescribed in paragraph (a) of this subsection, he- (i) is the person to whom an unlicensed club permit was granted in respect of such function or someone acting on behalf of and under the authority of such person; or (ii) was sold or supplied with or served such liquor by a person referred to in the last preceding subparagraph; and (d) in the case prescribed in paragraph (b) of this subsection, he- (i) is a person referred to in subparagraph (i) of paragraph (c) of this subsection; and (ii) is carrying such liquor to or away from the premises concerned. A person who offends against this subsection shall be liable, for a first offence, to a penalty of not more than twenty dollars nor less than four dollars and, for a second or subsequent offence, whether against the same or a different provision, to a penalty of not more than forty dollars nor less than ten dollars.

76 Liquor Act Amendment Act 1970, No. 3 For the purposes of this subsection liquor shall be deemed to be in the vicinity of premises if it is shown that such liquor was in the possession or control of any person attending or proceeding to attend or who had attended a function being or about to be held on such premises or that such liquor was consumed or intended for consumption by any person attending such function. (6) For the purposes of this section the term "court" includes, in the absence of the stipendiary magistrate constituting the court, the principal officer of police stationed in the district in which the venue of the function to be held is located.".