Liquor Act of 1912 (3 Geo v No. 29) (Qld)

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Liquor Act of 1912 (3 Geo V No. 29)
3 GEO. V. No. 29, 1912. LIQUOR. LiquorAct. ss. 1-3. 5527 LIQUOR. An Act to Consolidate and Amend the Laws relating to the Sale of Intoxicating Liquor, and for other purposes connected therewith. 3 Geo. V. No. 29. THE LIQUOR ACT OF 11l12. [ASSENTED TO 12TH DECEMBER, 1912.J B E it enacted by the King's Most Excellent Majesty, by and with~ the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART I.-PRELIMINARY. 1. This Act is divided .into Parts, as follows:- PAR'r I.-PRELIMINARY; PART 1.- PIIELIMINARY. Parts of Act. 49 Vie. No.18, s. 1. PART II.-·ADMINISTRATION; P AR'r IIl.-LICENSES; PART IV.-OBLIGATIONS, DUTIES, AND LIABILI'!'IES OF LICENSEES; PART V.-REGISTERED SPIRI'l' MERCHANTS; PART VI.-CLUBS; PART VII.-SALE OF LIQUOR BY UNLICENSED . PERSONS; PART VIII.-LoCAL OPTION; PAR'!' IX.-GENERAL PROVISIONS. 2. This .A et may be cited as "The LiquorAct of Short title 1912," and, save as hereinafter expressly provided, shall and corn- t commAnce and take effect on and from the first day of ~ev~:~~. is, April, one thousand nine hundred and thirteen. B.2. 3. rrhe Acts mentioned in the First Schedule to this Acts repealed. Act are repealed to the extent therein stated: ~ 9hvi~ : No. 18, Provided that, save as herein otherwise provided : - ~ t 1908, (i.) Such repeal shall not prejudice or affect any No.. I04,s. 71. proclamation, office, appvintment, certificate, Savmgs. license, registration, or permission lawfully made, constituted, or granted, or any act done, or right acquired, or any liability, obligation, penalty, forfeiture, or punishment incurred, under or in respect of any of the repealed Acts;
5528 s.3. PART I.- PRELIMINARY. LIQUOR. Liquor Act. 3 GEO. V. No. 29, (ii.) Proceedings begun before the commencement of this Act may be continued, and all offences committed before the commencement of this Act shall be punishable, as if this Act had not been passed; (Hi.) All licenses held at the commencement of this Act, and all persons then holding a license, and all premises then licensed shall be under and subject to this Act: Provided that every refreshment-room at any railway station which at the commence- ment of this Act is held under lease from the Commissioner for Railways, and in respect of which the said Commissioner has granted a subsisting license under section one hundred and thirty-four of "The Licensing Act of 1885,"* shall for all purposes remain subject to "The Liquor Acts, 1885 to 1904,"t and to that extent the said Acts shall remain in force until the expiration or other determination of every such lease: Upon the expiration or other determina- tion of such lease of a refreshment-room, the provisions of this Act relating to railway refreshment-rooms shall apply to such refresh- ment-room; (iv.) Every club and evp.ry spirit merchant registered under any repealed Act shall be deemed to be registered under this Act, until the thirtieth day of June, one thousand nine hundred and thirteen, unless such registration is sooner cancelled or forfeited under this Act: But every such club and every such spirit merchant shall apply for a new certificate at the annual sittings of the licensing court to be held in that year; (v.) Any city, town, or other place heretofore pro- claimed by the Governor in Council as a city, town, or place at which liquor may be disposed of by wholesale shall be deemed to have been appointed under this Act as a place at which liquor may be disposed of by wholesale until the proclamation has been revoked or rescinded. *' 49 Vie. No. 18, supra, page 1751. t 49 Vie. No. 18, 50 Vie. No. 30, 59 Vie. No. 29, and 4 Rdw. VII. No. 5, supra, pa.ges 1751 et 8eq.
1912. LIQUOR Liquor Act. s.4. 5529 PART 1.- PRELIMINARY. 4. In this Act, unless the context otherwise Interpreta· indicates, the following terms havethe meanings respectively ~ ~ ~ . N 18 assigned to them, that is to say,- s.4. 10 O. , 50Vic.No.30, ss. 4, 19. 59 Vic. No. 29, s.2. 4 Edw. VII. No. 10, 8. 2. "Australian Wine"-Any wine, cider, or perry the Australian produce of fruit grown in any State of the Wine. Commonwealth, and which wine, cider, or perry does not contain more than thirty-two per centum of proof spirit by volume; " Brewer"- Any maker, for purposes of sale, of beer, Br~ wer; ale , porter " or stout or any other fermented b re r g e 1 w s e te r r . ed liquor brewed wholly or in part from malt: the term" registered brewer" means a brewer whose brewery is registered under any law in force in Queensland relating to the registration of brewers or breweries; "Clerk of Petty Sessions" -The clerk of petty Clerk of Petty sessions for the time being of the court of Sessions. petty sessions in the licensing district at which the licensing court sits; " Elections Acts "-The laws in force for the time Elections being relating to the election of members of Acts. the Legislative Assembly; "Elector"-A person qualified to vote at a Parlia- Elector. mentary election for the return of a member to the Legislative Assembly for an electoral district; "Electoral District or Electoral Division "-An Electoral electoral district or electoral division respec- ~ t~ I~ ~ ~ ~ ~ tively constituted under the Elections Acts; " Inspector"-Any inspector or sub-inspector Inspector.. appointed for the licensing district or for any specified purpose under this Act, and any police officer who is an inspector by virtue of his office; " Licensed Premises"-The premises in respect of Licen~ed W h l · C h a l1' cense, granted under th I ' S _ A fiC t or any Prem1ses. repealed Act, is in force; "Licensed Victualler"- The holder of a licensed Licensed VI . C t ua 11 er ' s l l ' Cense un d er th I ' S A c t or un d er Victualler-. any repealed Act; " Licensee"-A person holding a license under this Licensee. Act or any repealed Act;
.5530 s.4. PART 1.- PRELIMINARY. LIQUOR Liquor Act. 3 GEO. V. No. 29, Licpnsing Court. Licensing DistrICt. Liquor. Local .Authorit;. Lodger. Minister. Owner. Police Officer. "Licensing Court" or "Court "-The licensing COUl-t constituted under this Act for a licensing district; "Licensing District" or "District "-A licensing district constituted or deemed to be constituted under this Act; "Liquor"-Wines, spirits, beer, ale, porter, stout, cider, perry, or any other spirituous or fer- mented fluid containing five per centum or more than five per centum of proof spirit by volume; "Local .\ uthority"-A Local Authority (that is to say, the Council of a City, 'lown, or Shire) constituted under" The Locctl A'ldhm'ities Act of 1902"*; " Lodger"-N 0 person shall be deemed to be a resident lodger unless- (a) He is a regular boarder in the premises in question; or (b) He lodged therein on the night immediately preceding the day whereon an offence is alleged to have been committed; or (c) If the offence is alleged to have been com- mitted between any hour of any night and six o'clock of the following morning, he lodged therein on the night immediately preceding that night; "Minister"-The Home Secretary or other Minister of the Crown for the time being charged with the administration of this Act; "Owner "-used with respect to licensed premises -The registered proprietor or other person for the time being entitled to receive the rent of such premises, and whose name is registered in the register of licenses :;I.S an owner of such premises; or, if he is absent from Queensland, the attorney or agent of such person: the term includes a mortgagee, or incumbrancee, or other person having an estate or interest either in the freehold, leasehold, or by way of registered mortgag-e of the lease, license, good- will, or effects of licensed premises whose name is so registered; "Police Officer"-Any officer or member of the Police :Force ; * 2 Edw. VII. No. 19, supra, page 1860.
1912. LIQUOR. LiquorAct. s.5. 5531 PART L- PRELIMINARY. "Premises" includes house. or place, and the Premises. curtilage thereof, and extends to every room, billiard-room, closet, sanitary convenience, cellar, yard, stable, outhouse, shed, or any other place whatsoever of belonging or in :my manner appertaining to such house or place: where necessary, the term includes a vessel; "Prescribed"-Prescribed by this Act; Prescrihed. "Register of Licenses"-'l'he register of licenses Register of prescribed by this Act to be kept; Licenses. "Register of Members"-The register of members Register of of a regI.st ered c I ub prescrl' bed by tbI' S A C t t 0 Members. be kept by the secretary; " Registered Club"-A club registered or deemed Re[:(istered to be registered under this Act; Club. " Regulations"-Regulations made under this Act; Regulations. "Secretary" includes any officer or other person Secretary. performing the duties of a secretary of a club; "Spe 1 cl · iCaelnDs . misgtri d c " Its " tr - Ic A t udnis d terirctt h c ' IoSnAstcittu; ted as a special D Sl l ? s e t c r i lC ~ l t. " Spirit Merchant "-A person registered or deemed Spirit t o be regI.st ered as a spI.rl' t merchant under thI' S Merchant. . Act; "This Act "-This A~ t and all Orders in Council This Act. and regulations made thereunder; . "Unregistered Club"-A club which requires, under Unregistered this Act, to be registered but is not registered,Olub. or a club the certificate of registration of which has been suspended or cancelled; "Wine-seller"-Any person holding a license to Wine-seller sell Australian wine under this Act or under any repealed Act. Exceptions. 5. Unless expressly herein otherwise declared, nothing Exempted m this Act shall apply to any person who- ~ : ~ seor~ ~ ly. a (a) Sells any spirituous or distilled perfume ban 49 Vic. N0.18, ft de as per f umery; or 8.00. 50Vic.No.30, (b) Sells cider or perry made by him from apples, ~ · 92i~ c. No. 29, pears, or other fruit grown in Australia in s. 3. quantities of not less than two gallons at any one time, and not to be drunk on the premises; or
5532 PART I.- PRELIMINARY. s.6. LIQUOR. Liquor Act. 3 GEO. V. No. 29, (c) Sells liquor in a refreshment-room at the Houses of Parliament by the permission or under the control of Parliament; or (d) Sells liquor in any military canteen lawfully established; or (e) Being an apothecary, chemist, or druggist, administers or sells any spirits as medicine or for medicinal or chemical purposes; or (f) Being a spirit merchant, disposes of liquor in quantities of not less than two gallons of one and the same description of liquor, and not delivered in quantities of less than two gallons at one time; or (g) Being a registered brewer, sells beer from a registered brewery in quantities-of not less than two gallons and delivered in quantities of not less than two gallons at one time; or (h) Being a licensed auctioneer, sells, by auction- Liquor in quantities of not less than two gallons at one time on behalf of some person who is himself authorised to sell the same liquor; or By order of the trustee of the property of an insolvent person or of a person whose affairs are liquidated by arrangement, liquor forming part of the property of such person; or By order of the executor, administrator, or trustee in the estate of a deceased person, liquor forming part of the property of such deceased person; or By order of the Curator of Intestate Estates, liquor forming part of the property of an estate in course of administration by the Curator. PART II.- ADHINISTRA- TJON. PART II.-ADMINISTRATION. Licensing Districts. Constitution 6. The Governor in Council may, from time to time, doifsltircicetnss. ing by Order in Council, constitute any locality a licensing district under this Act with the boundaries for the time being assigned to it by such Order, and may, from time to time, alter the boundaries of such district. Every existing licensing district constituted under the repealed Acts shall be deemed to have been constituted under this Act.
1912. LIQUOR. LiquorAct. ss. 7-9. 5533 PART II.- ADMINISTRA- TION. 7. For the purposes of this Act, where a road runs Centre of between or forms the boundary of .two or more licensin g rbooaudndtoarbye. districts, a line runnlllg along the length of such road.lll N.Z., 1908, its centre shall be the boundary line between such districts. No. 104, s.10, 8. The Governor in Council may, by Order in Council, . Appoin~ ment appoint any plare or district, in which, owing to a sudden ~ ~ s: ~ ~ ~ ~ ~ l increase of population or otherwise, a necessity for the 49 Vie. No. immediate granting of licenses under this A ct appears to 18, s. 12. exist, to be a special licensing diRtrict wherein special licenses may be granted after a local option poll has been taken of the electors of such special district. The Minister shall give all necessary directions for the taking of such poll. In any such case the provisions hereinafter contained with respect to temporary licenses in special districts shall be applicable. Licensing Oourts. 9. (1.) There shall be a licensing court for each Constitution· licensing district. c:I licensing eourt. (2.) Save as is hereinafter provided, the licensing court shall be constituted by a police magistrate sitting alone: Provided that in any place where it is not reasonably practicable for a police magistrate to be present and constitute the court the Governor in Council may, by Order in Council, appoint some fit and proper person to constitute the court at that place either for all the purposes of this Act or for such purposes as are stated in the Order. 'rhe person so appointed shall constitute the licensing court accordingly at that place and exercise the jurisdiction aforesaid. And any jurisdiction under this Act which such person is not competent to exercise shall be exercised by the licensing court for the district constituted by a police magistrate sitting alone. (3.) Subject to this Act, the licensing court may sit at any place where a court of petty sessions is held- in the district. (4.) Every police magistrate shall have jurisdiction to sit as a licensing court in any licensing district throughout Queensland: Provided that the Governor in Council may, by notifi- cation in the Gazette, assign a police magistrate or police magistrates to any district, and in every such case the court for that district shall be constituted bysuch police magistrate or one of such police magistrates.
5534 PART II.- ADMINISTRA- TION. ss. 10, 11. LIQUOR. Liquor A.ct. 3 GEO. V. No. 29, jPbuerdofoiccreieeadlcionugrt open 1 c 0 o . urE t . very sitting of a licensing court shall be held in proceeding. The consideration by the court of all applications,. 14. 91V0i.c.No.18 '0 bJ· ect·IOns, charges, and comp1al.nt s, and a11 0 ther matters· arising under this Act, shall be held to be a judicial proceeding. Jur~ sdic~ ion 11. (1.) Except as is herein otherwise provided, every of h~ ensmg authority by this Act conferred on a licensing court shall be· ~ ~u; i~ . No. 18, exercised by the court of the district in which the authority ~ .~ \ v. , 1898, is to be . exercise~ , or where the premises the subject of the· No. 18, s.106. proceedmg are sItuated. . The licensing court shall not be precluded from acting as such for any purpose under this Act by reason only of the police magistrate or other person constituting the court. being a member of a club. But he shall not adjudicate on any complaint against any club or officer of a club of which he is a member. Every offence, act, omission, or neglect, for which by this Act any punishment may be inflicted, shall, if the same is not by this Act directed or permitted to be heard or- determined by and before some other court, be prosecuted and punished before and by the court of the district in which the offence, act, omission, or neglect was committed or the liability to punishment incurred. (2.) Every licensing court shall have and exercise all ~ he ordinary powers of justices of the peace in petty seSSIOns. Subject to this Act, the procedure of every such court shall, so far as is practicable, be regulated by " The Justices Act of 1885"* and any Act ame!l.ding or in substitution for that Act. (3) A complaint for any offence against this Act may be laid before any justice of the peace. But, with the exception of the offences of drunkenness and drunkenness with disorderly conduct, and being found creating a disturbance on the premises of a licensee or in a public place, which offences may (subject, however, to "The Justices Act Amendment Act of 1I)09")t be heard and determined by and before any justice or justices of the peace sitting in a court of petty sessions, all complaints for and charges of offences under this Act shall be heard and determined by and before a licensing court only; and * 50 Vic. No. 17, supra, page 1132. t 9 Edw. VII. No. 11, 8upra, page 1192.
1912. LIQUOR. LiquorAct. s~ 12. 5535 PART II.- ADMINISTRA- TION. the decision of such court thereon shall be deemed to be a decision of justices within the meaning of " The Justices .Act of 1886."* 12. (1.) The annual sittings of the licensing court for Annual each licensing district shall be held at the place in the sittings. district appointed in that behalf by theM inister, and if no place is so appointed then at the place for holding the principal court of petty sessions in the district, at ten o'clock in the forenoon, on the first Wedne'3day in April in each year, or such other day in that month as is appointed by the licensing court and publicly notified at least thirty days before the day so appointed, for the consideration of- (a) Applications for new licenses, including licensed victuallers' licenses, wine-sellers' licenses, packet licenses, billiard licenses, bagatelle licenses, and provisional certificates; new licenses following upon the expiration of temporary licenses granted in a special district; and the renewal, transfer, and removal of licenses; and (b) Applications for the registration of clubs, the renewal of certificates of registered clubs, and the removal of such clubs; and (c) Applications for registration as spirit merchants and the renewal of such certificates. (2.) A quarterly sittings of the licensing court for each <?uarterly licensing district shall be held at the place aforesaid, at ten ~ ' ~ t. v; ~ . s: No. 18, o'clock in the forenoon, on the first Wednesday in January, 8.14. July, and October in each year, or such other day in each ~~ z·iJ1, 08~ · 83 . of the said months as is appointed by the licensing court and publicly notified at least thirty days before the day so appointed, for the consideration of- (a) Applications for new licenses, including licensed victuallers' licenses, wine-sellers' licenses, packet licenses, billiard licenses, bagatelle liconses, and provisional certificates; new licenses following upon the expiration of temporary licenses granted in a special district; ar~ d the transfer and removal of licenses; and (b) Applications for the registration of clubs and the removal of registered clubs; and (c) Applications for registration as spirit merchants. !I 50 Vie. No. 17, supra, p:lge 1132.
5536 PART II.- ADMINISTRA- TION. s. 13. LIQUOR. Liquor Act. 3 GEO. V. No. 29, ! ~ o~ thly (3.) The Governor in Council may direct that monthly ~ ~ ~ ~ ~ ~ No. 30, sittings of the court for any district shall be held for the 8.17. consideration of- (a) Applications for the transfer of licenses; (b) Applications for packet licenses; (c) Applications for the removal of registered clubs; (d) Applications for billiard licenses and bagatelle licenses; (e) Any application the hearing of which IS adjourned from the annual sittings or a quarterly sittings. Every monthly sittings shall be held at the place aforesaid at ten o'clock in the forenoon of the first Wednesday in the month or such other day of the month as is appointed by the licensing cciurt and publicly notified at least thirty days before the day ~ o appointed. Other sittings. (4.) Sittings of the licensing court may also be held at any time for the hearing and determination of complaints and charges of offences under this Act, and for the hearing of any matter arising under this Act in resppct of which a speedy application to the court becomes necessary. Regulations. (5.) The regulatIOns may prescribe rules of procedure 491~ ic. No. 18, to be observed in the conduct of business before licensing B.. courts, and providing for the sittings of the courts. Whenever, in the opinion of the court, such regulations are not applicable to the business before it, the procedure shall be as nearly as may be analogous to that of a court of petty sessions. Records and Registprs. Record of 13. There shall be kept in every district by the clerk a N p . p Z ' . i , ca1t9i0o8n,s. of petty sessions, in the prescribed form, a record of all No. 104, applications made to the court, showing- s.148. (a) The names and addresses of the applicants; (b) The nature of the applications; (c) The locality and description of the premises or the name and trade of the vessel in respect of which the applications are made; (d) rrhe date on which the applications are heard; and (e) The manner in which the same are disposed of, including, in case of· a refusal, the cause thereof.
1912. LIQUOR. LiquorAct. ss. 14, 15. 5537 PART II.- ADMINISTRA. ~ ' ION. 14. (1.) r1'11ere shall be kept in every district by the ~ egister of C I erk of. petty sessl.Ons,. . ln the prescrl· bed form, a regI.st er, t 04 h 0 ceVnsiee.s N . o. 18, be called "the register of licenses." s.19. N.Z., 1908, (2.) The register of licenses shall be in two parts- Nu. 104, Part I. shall be a register of licensees and holders s. 149. of certificates, and shall contain particulars of the names, arranged alphabetically, of the persons to whom licenses or certificates are granted, the nature in each case of the license or certificate and whether it is new, transferred, removed, or tem})orary, and the premises in respect of which each license is granted; Part H. shall be a register of licensed premises, and shall contain the particulars of the premises or vessel in respect of which licenses or certifi- c~ tes are granted, and, so far as known, the names of the owners of the premises, with particulars of the nature and extent of their interest therein, and the names of the persons for the time being holding each license or certificate. Such clerk shall, as occasion may require, make such alterations and additions as are required in such register, by reasoo of the granting of further licenses or certificates or the renewal, removal, transfer, transmission, or forfeiture of licenses previously granted or any change in ownership; and shall note in such register the'convictions, if any, and the nature thereof recorded against any licensee or licensed premises in any court of which he is officially informed. (3.) Until superseded by the register of licenses made under this A ct, the register kept immediately before the commencement of this Act shall be deemed to be the register under this Act. (4.) There shall be paid by each licensee and by each Registration person registered as an owner of licensed premises who is fee• not the licensee to the clerk of petty sessions, in respect of such registration, a fee of five shillings for every license or certificate granted or renewed. 15. Every clerk of petty sessions shall, on request, Extracte. or when necessarv by reason of a change of the boundaries f N ro .Z m ., reLfll0st8e,rB. of a licensing district, forthwith transmit extracts from his No. 104" record of applications or register of licenses to any other ss. 150, 151. clerk of petty sessions or to any inspector. G
5538 PARTII.- ADMINISTRA- TION. ss. 16-18. LIQUOR. Liquor Act. _ _ _ _lIt_ _ __ 3 GEO. V. No. 29, The regulations may prescribe the manner in which such extracts shall be transmitted by such clerks to each other and to inspectors. Register, &c., 16. (1.) Any elector, any owner of licensed premises, I ~ nSbpeecotlpoenn. 0 and any licensee within a licensing district, upon payment N.Z., 1908, of the prescribed fee, and any police officer or inspector N . o 1 . 5140. 4, without fee, shall be entitled, at any reasonable time, to inspect and take copies of or extracts from any record of applications or register of licenses for such district. (2.) The clerk of petty sessions and every other person who prevents the inspection or taking copies of or extracts from the record of applications or register of licenses, or demands any unauthorised fee therefor, shall be liable to a penalty not exceeding five pounds. Officers and their ])uties. Appointment 17. The Governor in Council may, from time to time, of inspectors appoint for any licensing district an inspector and such i: s~ : : ~ rs. sub-inspectors as he thinks fit for the purposes of this Act. 49 Vie. No.1B, B_ 13. Every inspector and sub-inspector of police in a district, ~. zI~ : 08, and also every police officer not below the rank of acting 8. ~ 18. ' sergeant of police if in charge of a police station in a district, shall, by virtue of his office, be an inspector under this Act. Inspectors and sub-inspectors may also, from time to time, be appointed for specified purposes under this Act, and with· powers and duties extending throughout the State or any part thereof. The regulations may define the duties of inspectors and sub-inspectors, and prescribe the modes, times, and conditions of the exercise thereof. Duties of 18. (1.) The clerk of petty sessions shall in prepara- cler~ of pettytion for each annual, quarterly, or monthly sittings of the le8IIlona. court respectively- (i.) Cause a list to be prepared showing the names and addresses of all applicants for a license or certificate, or for the renewal, transfer, or removal of a license, and the locality and designation of the premises, or the name and trade of the vessel, in respect of which such applicants respectively apply;
1912. LIQUOR. Liquor ..dct. s.19. PARTU.-- ADHINIlil\lIIo- TJO.N. (ii.) Fourteen days before every such sittings cause one copy of such list to be posted in some conspicuous place outside and one copy inside of the building in which the sittings are to be held; (iii.) Report to the court, in respect of all applica- tions for licenses, certificates, or transfers of licenses, whether within the last preceding three years the applicants or intended trans- / ferees have previously been applicants for a license or the transfer of a license under this Act or any repealed Act, and, if so, with what rerult, and also, so far' as he has been officially informed, the convictions, if any, and the nature thereof recorded within the last preceding three years in any court against any applicant or intended transferee who had previous~ y held a license; (iv.) Immediately on receipt of notice of an applica- tion for a license, or for the transfer or renewal of a lic~ nse, forward a copy thereof to the inspector for inquiry and report; (v.) When objection has bee: ri~ made to any applica- tion for i a license or certificate, or for the renewal, 'transfer, removal, or transmission of a license or certificate by any person other than the inspector, immediately on receipt of the objection forward a copy thereof to the inspector for inquiry and report, and also a copy thereof to the applicant, and, in case of objection to a renewal, give notice to the applicant to attend at the si~tings. (2.) The clerk of petty sessions shall also give such other notices, and perform such other duties, as may be required under this 4-ct or as may be directed by the court to be given or perforhled. l~. The ~ollowing duties. are hereby imposed :uponputiee of every Inspector, except such Inspectors as are appomted l~ sv~ ct~ . 18 for some special purpose under this Act as hereinbefore B. 20. 10• O. provided :- I . (1.) He shall provide himself with a copy of thep.l'ovide . Prescribed register of! licenses, and from time to time inform hll~ ~ lf W f l t1t himself of the alterations made in the register, and correct~ ~ ~ ~ : ! . o. his copy accordingly.
5640 FART II.- A~ MINJSTRA­ TION. s.19. LIQUOR Liquor Act. 3 GEO. V. No. 29, Inform (2.) He shall inform himself of the manner in which choimndsuelcft aosf to all licensed premises within the district are conducted and, business and kept, and whether the provisions of this Act in relation td omfanparegmemiseens. t such premises and the management thereof by the licensee have been and are observed. ' Inspect and (3.) Immediately on receipt of any notice sent to rperpemoritseosn and hiIP- by the clerk of petty sessions, he shall inspect all vessels. premises and vessels in the district respecting which any application for a license, or the renewal, transfer~ or removal of a license, has been notified as intendea. to be made, and, if he believes that the provision$ of this Act with respect to any such premises or vessele are fully complied with, forthwith give to the appli- cant or person in charge of the premises or vessel a certificate as near as may be in such one of the Forms Sch.H., If. 1,2. Nos. 1 and 2 of the Second Schedule to this Act as is applicable, but, if he finds that such provisions have not been complied with, withhold such certificate, and' report in writing his refusal, with a statement of the grounds thereof, to the clerk of petty sessions at least seven clear days before the day appointed for the hearing of any such application; the clerk of petty sessions shall forthwith give notice to the applicant of such refusal and the grounds thereof, and shall submit such report to the coUrt upon the hearing of the application. Report on notices of objection. (4.) He shall make a report in writing to the clerk of petty sessions at least three clear days before the day appointed for the hearing of the application upon all notices of objection to any application for a license, or renewal, transfer, or removal of a license, which he has received in pursuance of this Act; the clerk of petty sessions shall submit such report to the court upon the hearing of the application. Report generally. N.Z., 1908, No. 104, s. 60 Ca). (5.) He shall make and furnish to the clerk of petty sessions, at least ten days before each annual sittings, a report as to every licensed premises in the district. Such report shall contain a description of the con. dition of the house, premises, and furniturf', the manner in which the house has been conducted during the past twelve months, the character of the persons frequenting the house, and a statement of the number, locality, and distance of other licensed premises in the neighbourhood. General duties. (6.) He shall attend at the annual and quarterly sittings of the court and on any other occasion when
1912. LIQUOR. Liquor .Act. ss. 20, 21. PART 11.- ADMINIBTlM- TION. required by the coutt, and make all inspections, examina- tions, and reports required or directed by the court. , (7.) He shall ep.force and superintend 'the execution Enforce Act. of this Act in every respect. , P~T lIl.-LICENSES. PART 111.- LIOENSEB. , 20. (1.) Notwi hstanding anything in this Act con- Governor tained, and notwiths anding the result of any local option pro~ ibit iss!lc vo t e a ~ uec t m ' g the l l ' C ns.mg dI' strl.ct or any part t, hereo f ,the o ce fh r c t c ~ ncsacSs8mS. Governor in Council I may from time to time by notification 49 Vie. No. IS, 'in the Gazette- ti N ~ i: , 1908, , (i.) Prohibit or any period not exceeding one yea,r ~ 7lW' . at any 0 e time the issue of new licenses or provisio~ al certificates within any specified locality; , (ii.) Direct that with respect to a public road specified J in such notification, and not being within t.p.e limits of a city or town, no new licensed lvictualler's license or provisional cer- tificate s~ all be granted for any premises upon land ha~ing a frontage to such public road unless s,ch premises are distant at least five miles by Ipublic road from all other premises for which a i licensed victualler's license has been granted ~ nd, is in force. (2.) Every such 1 notification shall be judicially noticed, and during any sucll prohibitioIl no notice of application or other proceeding! preliminary to an application for a licensed victualle:r's i license or provisional certificate shall be lodged, received, br taken. I , (3.) The licens~ ng court shall give effect to every notification. '. ! ' · 21. Licenses utder this Act shall be of four kinds, Licenses that . that is t , o say -' I I mgraayntbeed. G~ k~ ! B. 23. ' ! (1.) A licensedlvictualler's license, which shall be 318 ~ icensed r · t n h e i asrlAycat.s may be in 1 i P0rm No. 3 of the Second Schedul ' e to vf S 1l' c . c h 3t . u H taol . l , e6r.s. I (i.) A wine-seller's license, which shall be as nearly as Wine-seller8. may be in Form N0.1 4 of the said Schedule. I - (3.) A packet ILicense, which shall be as nearly as Packet. may be in Form N0.1 5 of the said Schedule.
P~RTIII. ­ ",LrCENSIIiS. s.22. LIQUOR. LiquorAee. 3 GEO. V. No. 29, Billiard and (4.) A billiard license or bagatelle license, which shall bagatelle. be as nearly as may be in Form No. 6 of the said Schedule~ For the purpose of a bagatelle license, the term "bagatelle" includes:the game bagatelle and every similar game. Pers~ nB and 22. (1.) No license:under this Act shall be granted or t" : ; ~ l: fi~ ed. ~ ransferred to or held by any of the following persons, that 49Vic.No.18, IS to say,- 8 N 8 . . Z 2 . 4 ,\9 10 0 2 8 . , ( 1.. ) A person h 0 Id· mg 0 ffice or empIoyment under the No. 104, Government of this State or any other State of 88.72,105. the Commonwealth, or of the Commonwealth; (ii.) A constable or bailiff ; (Hi.) A licensed auctioneer or any partner of such auctioneer; (iv.) A brewer or distiller, 01' the wife of a brewer or distiller; (v.) A wholesale spirit dealer or wholesale de,aler iu wine or beer, or the wife of a wholesale spirit. dealer or wholesale dealer in wine or beer; (vi.) A person actually undergoing a sentence for any criminal offence in respect of which imprison- ment for any period exceeding one month has been imposed without the option of a fine. (2.) No licensed victualler's license or wine-seller's license shall be granted or rene:wed in respect of any premises of which any constable or bailiff, or any licensed auctioneer or his partner, or the wife of any of the afore- said persons, is owner or wherein he or she is directly or indirectly interested: Provided that an auctioneer or his partner, or the wife of either of them, shall not by reason only of owning the freehold of land upon which any premises are erected be deemed to be directly or indirectly interested in such premises within the meaning of this subsection. :K 0 licensed victualler shaH be competent to become a licensed auctioneer. . .(3.) No license shall be granted to any person or in respect of any premises declared by or in pursuance of this Act to be a disqualified person or disqualified premises during the continuance of such disqualifieation. Any license held by any person so disqualified or attached to premises so disqualified shall be void unless~ in the opinion of the court, an application for transfer of the same is made within a reasonable time. .
1912. " LIQUOR. Liquor .Act. s.23. 554~ PART IlI.- LICENSES. \ (4.) Except that, a billiard license or bagatelle license may be held in conjunrtion with any other license, no person shaH hold more than ~ : me license at one and the same time. (5.) The mere fact that an applicant is a married woman shall not operate as a bar to such applicant becoming the holder of any license under this Act. ! I Aooommodation for Lioensed Viotuallers' Premises. 23. No licensed victualler's license shall be granted ~ ccomm? dn- for any premI"sestWhI ' In a C ' l ty or t own, or I' n any p 1 ace otlnOnprreeqmUislreesd distant less than five miles from the boundaries of a city or within city or town, unless at and af~er the time of applying for the same- ~ ~ w; i·c. N0.18, (a) Such prewises contain, in addition to and B. 25. exc 1 uS ' lve I 'I 0 f suc h reasonable accommoda t I ' On N N . o Z . . i0 1 4 9 , 0 B 8 . , 76, for the faJmily and servants of the licensee or proposed licensee as the court thinks necessary, at least three sitting-rooms of moderate size and six sleeping-rooms where the premises are licensed ~ t the commencement of this Act, and twel-ie slet'ping-rooms where the premises are newly licensed thereafter, constantly ready and fit for public accommodation. Every such room shall- (a) Have walls not less than nine feet righ; and (b) Be provided with a window or other ventilating opening, of which the lowest part shall be not more than five feet from the floor, and of which ""t least two square feet shall be so ~ ade as to open directly to the outer air; and (0) Contain not less than one thousand cubic feet when measured to a height not exceeding twelve feet, so as to ~ llow at least six hundred cubic feet bf air space fo1' each person sleeping therein: Provided that the accommodation for servants shall not be deemed reasonable under this provisioni unless the sleeping-rooms provided for theml are at least of the dimensions and have the! means of ventilation hereinbefore prescribed; and (b) rrhere are attached to such premises sufficient privies, urinals, baths in a room or rooms set
PARTIII.- LICENSES. ss. 24, 25. LIQUOR. Liquor Act. .3 GEO. V. No. 29, apart for the purpose, and other sanitary con- veniences constructed and kept in all respects in accordance with" The Health Act of 1900,"* or any Act amending or in substitution for that Act, and regulations under the said Act, which regulations the Commissioner of Public Health is hereby empowered to make in manner prescribed by the said Act, and so situated as to be separate for and separately used by each sex; and (c) The premises have a front or principal entrance by which persons may enter the premises with- out passing through the bar or bar-room; and (d) ffhe premises are furnished with sufficient doors and other proper and sufficient facilities for escape therefrom in case of fire; and (e) Where necessary, in the opinion of the court, the premises areprovided with stabling sufficient for the accommodation of not less than three horses. All rooms proposed to be used as sleeping-rooms, and all sanitary conveniences, and all facilities for escape in case of fire, shall be specially approved as such by the court after consideration of the report of the inspector. Sanitary 24. Upon every licensed premises there shall be convenIences. provided at least two privies or sanitary conveniences, constructed and kept in all respects in accordance with regulations made from time to tim·) by the Commissioner of Public Health in accordance with the last preceding section, one of which shall be specially allotted to and reserved for the use of females. Such privies or sanitary conveniences shall, when not in use and occupation, be kept locked, and the keys thereof shall at all times remain accessible to guests and hoarders. Such privies or sanitary conveniences shall be in addition to those reasonably neces~ ary for the use of the other inmates of the licensed premIses. Accommoda- 25. No licensed victualler's license shall be granted tion req~ ired for any premises outside the boundaries of any city or ~ ~ t~ i~ : : ; t~ 01 town, and distant five miles or upwards from the boundaries town. thereof, unless at and after the time of applying for the 8 4 9 9 V 6 i . c. N0.18, same- (a) Such premises contain, in addition to and exclu- sive of such reasonable accommodation for the * 64 Vic_ No. 9, supra, page 5297.
1912. LIQUOH. LiquorAct. s.25. 5545 PARTIII.- LWBNSBS. family and servants of the licensee or proposed licensee as the court thinks necessary, at least two sitting-rooms of moderate size and four sleeping-rooms of moderate size where the premises are licensed at the commencement of this Act, and eight sleeping-rooms where the premises are newly licensed thereafttlr, con- stantly ready and fit for public accommoda- tion. Every such room shall- (a) Have walls not less than nine feet high; and (b) Be provided with a window or other ventilating opening, of which the lowest part shall be not more than five feet from the floor, and of which at least two square feet shall be so made as to open directly to the outer air; and (c) Contain not less than one thousand cubic feet when measured to a height not exceeding twelve feet, so as to allow at least six hundred cubic feet of air space for each person sleeping therein: Provided that the accommodation for servants shall not be deemed reasonable under this provision unless the sleeping-rooms provided for them are at least of the dimensions and have the means of ventilation hereinbefore prescribed; and (b) There are attached to such premises privies, urinals, baths in a room or rooms set apart for the purpose, and other sanitary con- veniences constructed and kept in all respects in accordance with" The Health Act of 1900,"* or any Act amending or in substitution for that Act, and regulations under the said Act, which regulations the Commissioner of Public Health is heeeby empowered to make in manner prescribed by the said Act, and so situated as to be separate for and separately used by each sex; and "" 64 Vie. No. 9, supra, page 5297.
~ 5~ :fABTnI.- LIOBNSII:8. ss. 26,27. LIQUOR. Liquor Act. 3 GEO. V. No. 29, (c) All premises erected after the-commencement of this Act have a principal entrance separate from and jn addition to the entrance to the bar; and (d) Such premises are furnished with sufficient doors and other proper and sufficient facilities for escape therefrom in case of fire; and (e) Where necessary, in the opinion of the court~ , there is attached to such premises stabling sufficient for four horses at least, with an adequate supply of wholesome forage where practicable. All rooms proposed to be used as sleeping-rooms, and all sanitary conveniences, and all facilities for escape in case of fire shall be specially approved as such by the court after consideration of the report of the inspector. pE to rxecbmeoipostetih' o! , niansnd prece 2 d 6 in . gNseocthtiionng binutthtweolasshtaplrleacpepdliyngtsoe- ction and the last Ipecial district. 49 Vio.No.18, 1.27. e a} Any booth licensed under this Act; or (b) Any premises situated and temporarily licensed in a special district if such premises, in the opinion of the court, afford reasonable accommodation. ApplicatioJ/s. Application 27. Every person desirous of obtaining a licensed ~ ~ ~ license. victualler's license for prem.ises not then licensed shall- ~ 2Iic. No.18. (a) At .least twe~ ty- eight days before applyir~ g for a lIcense delIver to the clerk of petty seSSIOns a. notice in writing, and in duplicate, signed by or on behalf of the applicant, and as nearly as Sch. H.,!. 7. may be in Form No. 7 of the Second Schedule to this Act; Notice to be advertised. (b) Publish a copy of such notice one day in each week, for at least three weeks preceding his application (and so that the last of such publi- cations is not less than eight days before the time at which the application is to be made), in a newspaper published in the district, or, if none is so published, then in a newspaper which circulates in the district, and the place of publication of which is nea-rest to the district; 'and
1912. LIQUOR. Liquor .&ct. ss. 28, 29. 554~ PART III.- LWlIiNSKS;"' (c) At the time of making his application produce ~ertificate of to the court the certificate of the inspector, if ~ ~s~ ~~ ~ :c! d. obtained, that the provisions of this Act with respect to the accommodation required have been complied with in the premises referred to in the application. 28. Every applicant for a licensed victualler's license, Applicant for or wine-seller's license, or for a transfer thereof, but n0qicen~ ~ to for a renewal, shall, with his application, deliver to the t: :t~ :'onialB. clerk of petty sessions testimonials as to his character and ~ .zlor: 08' 85 suitability to become a licensee. o. , s. Such testimonials shall forthwith be forwarded by the clerk to the inspector, who shall report thereon to the CQurt. 29. (1.) Any person who desires to obtain a licensed Pro~iBional victualler's license in respect of any house and premises ~ : ~ ! ~ ~ ~ . 18. not at the time completed and fit for occupation may s. 33. make application at the annual or any quarterly sittings of the court for a provisional certificate. (2.) Notice of such application shall be given and Notice. published as nearly as may be in Form No. 8 of the~ ~ ~ : I., Second Schedule to this Act, and in the same manner and at the same times as are hereby required in the case of applications for new licenses; and the like procedure shall be observed as in that case. (3.) At the hearing of such application- Evidence ( a ) If the house and premises are already erected, required. evidence must be produced as to their fulfil- ment of the conditions of this Act in every respect. (b) If they require alteration to fit them to fulfil all the conditions of this Act, evidence must be produced of the nature and extent of such proposed alteration; (c) If they are not yet commenced or are in course of erection and not yet complete, evidence, with plans and specifications, must be produced to show that when finished they will fulfil all the conditions of this Act; (d) There shall also be produced a certificate under the hand· of the Minister that the Governor in Council has not exercised and does not intend to exercise the powers conferred by section twenty of this Act.
5548 PART 111.- LWENSES. S.30. LIQUOR. Liquor Act. 3 GEO. V. No. 29, Conditions maybe annexed. (4.) Subject to this Act, the court, after hearing any objections that may be made, may grant a provisional certificate, and may thereby impose such conditions as to the materials or construction and as to the arrangement of such house and premises as it thinks fit, or may refuse the application. Form of (5.) A provisional certificate shall be in Form No. 9 S ce c r h t . if n ic . a , te f. . 9. of the said Schedule or to the like effect. But no pro- visional certificate shall be granted in respect of premises situated or to be erected within a district wherein a local option vote against an increase of licenses has been carried. ' Wh~ n (6.) On application by the holder of the certificate or : ~ ~ ~ ; ~ ~ n! nless any other person at the annual or an~ quarterly sitt~ gs of personally the court, made within the time speClfied in the prOVIsional unfit. certificate, or any extension thereof, which extension the court is authorised to grant on application made at any sittings, and on proof of the performance of such con- ditions, if any, as are imposed by the certificate, the applicant shall be entitled to a certificate for a license in Sch. H., f. 26. Form No. 26 of the said Schedule or to the like effect. But if it is made to appear to the court on such application that the applicant himself is unfit to be the holder of a license, it shall refuse his application. (7.) Any such application must be made in the same manner as is herein provided in the case of applications for new licenses, and the like procedure shall be observed as in that case. Renewal of 30. (1.) A licensed victualler desirous of obtaining license. a renewal of his license shall, at least fourteen days before ! ~ 2! ~ c. No. IS, applying for such renewal, deliver to the clerk of petty N.Z.,1908, sessions a notice in writing and in duplicate, signed by ~ ~ ' 1~ ~ 4, him or on his behalf, and as nearly as may be in Form Sch. H., f. 10. No. 10 of the Second Schedule to this Act. (2.) An applicant having delivered the prescribed notice shall be entitled as of course to a certificate for the renewal of his license, unless it is shown to the court- (a) That the applicant has become disqualified froro holding, or is unfit to hold, a license under this Act; or (b) That the premises in respect of which he holds a license have ceased to fulfil the conditions of this Act; or
1912. LIQUOR. LiquorAct. ss. 31, 32. 5549 PART HI.- LICENSES. ( C) That the house is no longer necessary; or (d) That the license is liable to be forfeited under this Act; or unless the court is authorised or required, pursuant to a local option vote, to refuse the renewal of the license. (3.) It shall not be necessary for an applicant for the renewal of a license to publish any notice, or to attend at the hearing of his application, unless he is summoned by the court so to do, or unless notice of objection to a renewal of his license has been duly served upon him. (4.) In any case where a licensed victualler has inadvertently omitted to deliver the prescribed notice withhl time, the court, upon such terms, if any, as it thinks .proper, may nevertheless treat the application as duly made for the proper sittings of the court, and may enter all necessary adjournments to enable the application to be heard and determined. 31. (1.) If an application' for a renewal of any Where license lti h ceencsoeurhtaos nboeer nbefmoaredet, haenddaiys onfotthfeineaxllpy I . rydiospt otsheedlI . ocfenbsye nboeofftoorlredenleeiwxcepen. ldrsye. by efiluxion of time, the license shall be deemed to be ~ . Z. , 1908, extended until the application is finally disposed of. 8. ~'I~~4, (2.) During the period of such extension the licf'nsee shall pay monthly, in advance, a proportion of the annual license fee for each month during any part of which liquor is sold in the premises in respect of which the application for renewal is made. ( ~ . ) If the application is ultimately granted, the renewal shall be for the period ending the thirtieth day of June next following the date on which such application was made, and the annual license fee, or so much thereof as remains unpaid, shall be payable accordingly. 32. (1.) Every person applying for a licensed vic- Applicationt() tualler's license or wine-seller's lic ense or the renewal s 0 tfaptere 0 m w l : s n eesr. thereof shall, so far as known to hIm, state the name of N.Z., 1908, every owner of the premises in respect of whieh the N\ i~ 4i53 application is made, and particulars of the nature and 8S. , extent of his interest therein; and every such name with ~ such particulars shall be endorsed on the license if the application is granted, and entered in the register of licenses. The persons whose names are so stated shall, subject as hereinafter mentioned, be deemed for the purposes of this Act to be the owner of the premises.
5550 PARTIII.- LIOENSES. ss. 33, 34. LIQUOR. Liquor .Act. 3 GEO. V. No. 29. Ownere, &c., (2.) On the application of any person who proves to a o n f d pr c e o m ·o i w se n s ers the court that he- ma! be (a) Is entitled to be entered as owner of any such :~ : t: ir: 'd 118 licensed premises in place of the person appear- ing on the register to be the owner; or (b) Possesses an estate or interest in such licensed premises, whether as owner, lessee, mortgagee, or otherwise, prior or paramount to that of the licensee; the court may make an order directing the name of such person to be entered 011 the register of licenses as owner or one of the owners of such premises. When such estate or interest is vested in two or more persons jointly, it shall be sufficient if only one of such persons is registered as representing such estate or interest. Every such order shall be obeyed by the clerk of petty sessions, and a corresponding correction may be directed to be made on the license granted in respect of the premises. More than 33. When an applicant for a licensed victualler's ~~ V~: ~ i~ k 18. li~ en~e or for the renewal thereof desires to keep open in 8. 30. hIS lIcensed premises more than one bar for the sale of liquor, he shall state that fact in his application, and shall specify the situation of each bar so proposed to be kept open. The court in its discretion may grant or refuse permission to keep a second bar. . Transfer of 34. (1.) When a licensed victualler desires to transfer lviiccetnusaeldler' s his license to any other person, the intending transferor license. and transferee shall deliver and publish a notice of their 49Vic.No.18,intention to apply for such transfer, in like manner and at ~ . ~ ~: 1908, the like times as are hereby required in the case of appli- S N 88 e o n . . 1 . 21 n 00 . 4 t,o , 1" 9 ,3. cSacthioendsulfeort 0 nethwI' SliAce C nts . es, but in Form No. 11 of the Second if.ll,12. (2.) If no objection is made to the transfer, or to the proposed transferee, the court may, at any sittings or adjourned sittings, transfer the license to the proposed .,. transferee by an endorsement upon the license in Form No. 12 of the said Schedule. (3.) If an objection is made to the transfer or to the proposed transferee, the application shall be heard and determined in accordance with this Act. (4.) Every such license, when so endorsed, shall forth- with be deposited with the clerk of petty sessions, who
1912. LIQUOR. LiquorAct. ss. 35, 36. 0551 PARTIII.- LICENBlII:!. shall·enter the particulars of such transfer in the register of licenses, and return the license to the person entitled thereto. (5.) Upon the tra:nsfer of such license, the transferee shall, until the end of the period for which the license was granted, possess all the rights of the original licensee, and shall be subject and liable to the same duties, obliga- tions, and penalties as if such license had been originally granted to him on the date of such transfer. (n.) No·transfer of any such license shall be made, nor shall any application for such transfer be entertained, until the expiration of three months from the time of the granting or previous transfer of such license. 35. The court may by order authorise any person Court ~ r. 1 - not otherwise disqualified under this Act, whom it thinks i~ nsfer h entitled to the benefit of any licensed victualler's license, lI~: ~ :: ew or his qualified nominee, to carry on the business in the deser~ licensed premises for the remainder of the period for which p: ;:~ :e: oor the license was granted, in the same manner as if such ~ az8f~ ~ 08 license had been formally transferred to such person, in N~ . 104, ' any of the following cases, that is to· say ;_. I. 125. (a) When the licensee deserts the licensed premises, or refuses or neglects to transfer the license upon being justly required so to do; or (b) N e~ lects tc make due application for renewal of his license; or (c) If, during the currency of the license, the licensee ceases to occupy the licensed premises, or his tenancy of such premises is determined by effluxion of time, or by notice to quit, or by any other means whatsoever other than the insolvency of the licensee, and he refuses or neglects to transfer the license upon being justly required so to do. 36. When a licensed victualler has been convicted Continuance of any o~ ence~ and in cons.eq~ence eithe~ becomes per- ~~ ; ~~ . !e1~d sonally dIsqualIfied or has hIS lIcense forfeIted, the court, owners of on the application by or on behalf of the owner of the prem~ 8e8 in premI.ses.In l'espect 0 f whI'Ch the ll' Cense was granted ( where c N e . r Z t . a , m19c0a8s,ei. the owner is not the late licensee), and upon beingNoi2~ 04, satisfied that such OWIler was not privy to nor a consenting I. party to the act of the late licensee, may by order authorise Buch owner or his agent to carry on the business of such
5552 ss. 37, 38. PARTUI.- LICENSES. LIQUOR. Liquor Act. 3 GEO. V. No. 29, premises unt.il the end of the period for which such license was granted, in the same manner as if such license had been formally t.ransferred to such agent; and such order shall, without further process, be a sufficient authority to the owner to eject the late licensee from such premises. This section applies to every case in which any license has or may become forfeited under this Act. Transfer of license on ejectment. N.Z., 1908, No. 104, 11.124. 37. "When a licensed victualler has been ejected from any licensed premises, the court may, n,otwithstand- ing the non-production of the license therefor, on the application by or on behalf of the owner thereof and the proposed new tenant, grant to such tenant, if approved of by the court, a special certificate of transfer of such license, in such form as the court thinks applicable. Removal of 38. (1.) When a licensed victualler or wine-seller ~ ; e~ ~ e. N 18 desires to remove his business from the licensed premises 8. 32~ C' o. 'occupied by him to any other premises in the same district, ~, z'ici; 08, he shall deliver to the clerk of petty sessions and shall 8B~ i28, i29. publish a notice, as nearly as may be in Form No. 13 of the Sch.II.,f. 13. Second Schedule to this Act, of his intention to apply for leave so to do. Such notice shall be published in the same manner and at the same times as are hereby required in the case of applications for new licenses, and the like procedure shall be observed as in that case. (2.) No such license shall be removed from the pre- ~is(' s in respect of which it was granted to any other premises beyond the boundary of t.he city, town, or shire, as the case may be, within which the first-mentioned premises are situated, nor in any case to any premises situated more than half a mile hy the nearest road from the first-mentioned premises if such premises are in a city or town, or two miles if in a shire. (3.) Where the licensee is not the owner of the premises from which the license is proposed to be removed, a copy of such notice shall be personally served upon, or sent by registered letter through the post to, such owner or his recognised agent within one day from the date thereof. 'fhe court shall not grant any such application for removal, unless it is proved to its satisfaction either that the owner of the premises from which the license is proposed to be removed is a consenting party thereto, or that
1912. LIQUOR. LiquorAct. s.39. 5553 PART UI.- LICENSES. such premises have become ruinous or otherwise not in conformity with this Act and that such owner has refused to make the necessary repairs or improvement thereto, or unless the court is of opinion that the site of such premises is not suitable for licensed premises. (4.) If the court grants the application, the authority for such removal shall be given by endorsement on the license as nearly as may be in Form No. 14 of the said Schedule. Sch. 1I, f. 14. (5.) Provided that the court shall have power, where the circumstances require it, to grant a provisional certifi- cate for such removal in the first instance, and in such case the procedure hereinbefore prescribed relating to applications for and the grant of provisional certificates· for licensed victualler's licenses, so far as the same are applicable, shall be adopted, subject, however, to the requirements of the foregoing provisions of this section. If the court refuses the application, the existing license shall not be prejudiced. (6.) Provided further that the court shall have power to grant to any licensee who has obtained a provisional certificate for sHch removal permission to remove the buildings erected upon or forming part of any licensed premises to the site mentioned in such provisional cer- tificate for l'emoval, and in such case the licensee shall be at liberty within the time limited by the court to remove such buildings for re-erection on such site; and, during the period required for such removal and re-erection, it shall· not be obligatory upon sueh licen!'ee to comply with the provisions of this Act \yith respect tt) the accommodation required regarding licensed premises. 39. (1.) Every application for a licensed victualler's DeseripLith license, or for a provisional certificate, or for the removal of premises. of a licensed victualler's license ~ hail describe the boundaries of the land which is proposed to be comprised in the licensed premises, and such description shall be entered upon the license or certificate if granted and recorded in the register of licenses. ( ~ . ) The court at its annual sittings in the month of April, one thousand nine hundred and thirteE>n, shall cause the particulars of the land then in the occupation of all licensed victuallers and used as part of or in connection with theil' licensed premises to be entered upon all existing H
5554 PART IlI.- LICENSES. ss. 40, 41. LIQUOR. . Liquor Act._ 3 GEO. V. No. ~ 9, licenses and .recorded in the register of licenses; and for that purpose every licensed victualler shall. furnish the prescribed description of bis premises, and produce his license to the Court. (3.) The land so described and recorded shall be deemed to be comprised within the licensed premises, and no change shall be made in the area thereof, whether by way of enlargement or diminution, except with the approval of the court upon an application in that behalf made at any sitting. Any such change so approved shall be endorsed upon tbe license or certificate, and recorded in the register of licenses. ApplicatioIlS 40. Any person who desires to obtain a license, or :fne-sellers' the renewal, or transfer, or removal of a license, autho- licen~ es. rising him to sell wine shall, at least twenty-eight days : ' 93~ ~ c. No. 18, before he applies to the court, deliver to the clerk of petty sessions a notice in writing signed by him, and in the case of a transfer by the proposed transferee, and as nearly as may be in such one of the }'orms Nos. 15, 16, 17, and Sch. Il., 18 of the See-ond Schedule to this Act as is applicable ff. 15 to 18. thereto. He shall, except in the case of an application for a renewal of a license, publish such notice in the same manner as is hereinbefore prescribed in the case of applications for licensed victuallers' licenses. Every notice of an application for a license or the removal of a license shall be accompanied by a plan of the premises to which the notice relates, showing the room or rooms in which the sale of wine is proposed to be carried on. Packet 41. (1.) Certificates for packet licenses, or the ~~ e~ ~ e' N 18 renewal or transfer thereof, may be granted by the court s. 35~ c. o. 'to the master of any steamer or other mechanical1y ~ . Z" i~ ~ 08' 79 propelled vessel or sailing vessel carrying passengers or o. ,s. . plying within any port or harbour or on any river in Queensland, or making passages and conveying passengers from and to any ports or places within Queensland or from any port or place within Queensland to any other port or place. (2.) Applications for packet licenses or the renewal or transfer of packet licenses shall be made, if in respect of a vessel plying to or within the port of Brisbane, to the licensing court at North Brisbane, and in all other. cases
1912. LIQUOR. LiquorAct. s.41. 5555 PART HI.- LICENSES. to the licensing court having jurisdiction in any city, town, or place of usual arrival or departure of the vessel in respect of which the application is made. (3.) Every person desirous of obtaining a packet license for a vessel not then licensed shall- (a) At least twenty-eight days before applying for a license deliver to the clerk of petty sessions a notice in writing, and in duplicate, signed by or on behalf of the applicant, and 3S nearly as may be in Form No. 19 of the Second Schedule Sch. H., f. 19. to this Act; (b) Publish a copy of such notice one day in each week, for at least three weeks preceding his application (and so that the last of such publi- tions is not less than eight days before the time at which the application is to be made), in a newspaper published in the district, or, if none is so published, then in a newspaper which circulates in the district, and the place of publication of which is nearest to the district; (4.) Every application for a packet license or the renewal or transfer of a packet license shall be made as nearly as may be in such of the Forms Nos. 20 and 21 of the Second Schedule to tliis Act as is applicable. . Sch. H., ff. 20,21. (5.) A transfer of a packet license, whether from master to master or from vessel to vessel, shall be made by an endorsement upon thelicense, and in such form as the court authorising the transfer may think fit : Provided that, in cases where, owing to changes of masters, it is not reasonably practicable to have a transfer made from a licensed master to another licensed master of a licensed vessel before such vessel proceeds on her voyage or passage, the license of the master in charge of the vessel shall enure for that vessel for such reasonable time as will permit of an application being made for such transfer. (6.) Nothing herein contained shall be taken to prevent the court from refusing any application for a . packet license, or for the renewal or transfer thereof, if it'thinks fit so to do, or from requiring the report of the inspector before granting any such application. (7.) The regulations may- Ca) Restrict to certain classes of vessels the grant' of packet licenses;
5556 s.42. LIQUOR. PARTIII.- - - - - - - - - - - - - - - - - - - - - - - - LICENSES. Liquor Act. 3 GEO. V. No. 29, (b) Prohibit the sale or supply of liquor to any person on any vessel in respect of which such license is granted while such vessel is making' passages between any specified points or places in any river or arm of the sea, or is lying or is stopping at any specified wharf situated in any river or arm of the sea. (8.) The foll~ wing provisions shall be applicable in the case of every vessel in respect of which a packet license has been granted:- (a) Subject to this Act and the next succeeding restrictions, the master is authorised to sell liquor to any passenger on board during any actual passage of such vessel, but at no other time: Provided that nothing in this provision shall be taken to prohibit the sale of liquor to any passenger in the course of any meal on board while the vessel is in any port other than the port at which such passenger embarked; , (b) No liquor shall be sold, supplied, or given on board to a passenger already in a state of intoxication; (c) No liquor shall be sold, supplied', or given on board to any officer or member of the crew of the vessel without the written authority of the master j (d) No liquor shall be sold, supplied, or given on board on Sundays or on Go~ d Friday or' "Christmas Day; (e) No passenger shall, on board, offer, give, or supply any liquor to the master or to' any officer or member of the crew of the vessel. . (9.) Any person who commits a breach of any of the provisions of any rt'gulation under this section or of the last preceding subsection shall be liable to a penalty not exceeding twenty pounds; and if the offence is committed by any servant of the licensee, the licensee shall be deemed guilty of the like offence, and shall be liable to the like penalty. Booth, '42. (1.) The licensing court may, at any time, grant, :~ ~ : ' \ 7~ . Ui, to any licensed victualler or wine-seller an authority in s. 36. Form No. 22 of the Second Schedule to this Act, and for- Sch. n., f. 22. a term to be specified therein, to exercise all the privileges
1912. LIQUOR. LiquorAct. ss. 43,44. 5557 PART III.- LICENSES. conferred by his license at any public industrial !1rtistic or scientific exhibition, or at any show ground, or at any public race meeting, regatta, cricket match, rifle match, meeting for athletic or other sports, encampment, fair, horse sale, bazaar, or lawful place of public amusement within the district. (2.) Notice of any such application shall be given to the inspector at least two clear days before it is made. (3.) The court shall hear any lawful objection that may be made by the inspector or any other person to the granting of such authority at the time when the applica- tion is made. (4.) Such authority shall be for a period not exceeding in the whole seven days, and shall bA subject to any conditions and provisions imposed by the court by which it is granted. (5.) Provided that the grant of any such authority shaH always be subject to the prohibition imposed by a local option vote in force by the carriage' of Resolution D within the locality where it is proposed to exercise the authority. ' 43. If the premises of any licensed victualler or Temporary wine-seller are, by fire, tempest, or other calamity, or licen~ e where through alterations, demolition for rebuilding, or other ~ ~ : ~ ~ ~ : d. cause rendered unfit for the carrying on of his business 49 Vie.No.18, .' the c~ urt may at any time, upon application by or on behalf ~ ct\ r., f.23. of the licensee, if it sees, fit so to do, by order, in Form No. 23 of the Second Schedule to this Act, authorise the licensee to carry on his business temporarily under his existing license in some neighbouring premises; although they have not all the accommodation prescribed by this Act, for any period not extending beyond the currency of . the license or any renewal thereof. 44. (1.) Any person who desires to obtain a billiardBilliardand 0: li?e?-se bagatelle license or a renewal or transf?r ~ f a t~ ~ ~ ~ : l; . e bIllIard lIcense or bagatelle license may make applIcatIOn, 49Vie.No.18, as ne?,rlyas may be in l!"orm No. 24 of the Seco. n~ Sch~ dule ~ ie~ \ I. , f. 24. to thIS Act, to the court for a license authorIsmg hIm to keep one or more billiard or bagatelle tables on the premises named in such application, or the transfer of such license to the person named in such application. (2.) A transfer of a billiard or bagatelle license shall be made by an endorsement upon the license and in such form as 'the court thinks fit.
5558 ss. 45, 46. ~ LIQUOR. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - LICENSES. Liquor Act. 3 GEO. V. DiO. 29, (3.). No billiard or bagatelle table shall be kept or used upon any premises subject to a licensed victualler's or wine-seller's license, unless a license has been obtained for such table and the prescribed fee has been paid. (4.) All billiard rooms and bagatelle rooms shall be closed on the premises of a licensed victualler at the time of the closing of the bar or bars of such premises. Temporary Licenses in Special Districts. Temporary 45. (1.) Applications for temporary licenses to retail ; ~ cens~ \n liquor or to keep billiard or bagatelle tables in a special di: fr~ ~ ~ ~ " district may be heard at any time by the court of the 49 Vie. No. 18, district in which such special district is situated; and, s.39. subject to any regulations that may be in force with reference to the special district, and even if a local option vote has decided in favoui' of new licenses, it shall be in the absolute di!'cretion of the court to grant or refuse a certificate upon any such application. Sch. 11., f. 25. (2.) Such certificate, if granted, shall be as nearly as , may be in Form No. 25 of the Second Schedule to this Act, and shall not be transferable or renewable or be for a longer period than six months. (3.) Subject to this Act, the holder of such certificate may exercise all the privileges and shall be liable to all the penalties and obligations which may be exercised or incurred by the holder of an ordinary license of the same kind under this Act. (4.) If the holder of the certificate desires to obtain a license at the end of the term specified in the certificate, he must apply to the court in like manner and under like conditions as if he were an unlicensed person. ObJections. Objections to 46. Subject to this Act, objections may be made to ~ ~ V~ esN 18 the granting, renewal, removal, Qr transfer of any license, s. 40~ c. o. 'certificate, or permission under this Act, either personally or by petition to the court. Such objections may be made by- (a) The local authority of the city, town, or shire in which the premises in question are situated; (b) Any ratepayer rated in respect of property situated within a radius of half a mile from the premises in question if they are situated in a city or town, or within a radius of five
1912. LIQUOR. LiquorAct. S.47. 5559 PART IlI.- LICENSES. miles from such premises if they are situated elsewhere, or any freeholder, leaseholder, or householder, or elector resident within such respective distances; ((]) An inspector; (d) In the case of a proposed removal, the owner of the premises from which it is proposed that the license should be removed. The signatures to every such petition shall be verified by oath of some one or more of the petitioners or an attesting witness to the signatures. 4 7~ Anyone or more of the following objections may Obj.ections be taken , to . the b O'rantin g of a licensed victualler's or 7 t? lc h tn c a e l n l 8 e e r ~ s or wme-seller s lIcense, that IS to say,- wine-seller's (1) That the applicant is a person of drunken or~ ~ ~ ~ : : No. 18, . dissolute habits or immoral character, or is 8.41. otherwise unfit to hold a license ; ~~~ "i6~,08, (2) That a license held by him has, within two years immediately preceding the time when the application is made, been forfeited or cancelled; (3) That premises held by him under a licensed victualler's or wine-seller's license have been the resort of prostitutes or of persons under the surveillance of the police; (4) That the applicant has been convicted of two or more offences against this A ct or any repealed Act within two years immediately preceding the time when the application is made; (5) That the reasonable requirements of residents in or travellers through the neighbourhood do not justify the granting of the license applied for; (6) That the premises in respect of which the license is applied for are in the immediate vicinity of a place of public worship, hospital, or school; or that the site thereof is by reason of its size, shape, situation, or for any other specified reason unsuitable for licensed premises; or that the quiet of the place in which such premises are situated will be disturbed if a license is granted;
5560 PART IH.- LICENSE",. ss. 48-51. LIQUOR. Liquor Act. 3 GEO. V. No. 2!1, (7) That the conditions prescribed by this Act, 01' any of them, have not been complied with by the applicant, either personally or with regard to the premises in respect of which the license is applied for; (8) In the case of premises distant more than five miles from the boundaries of any city or town, the difficulty of adequate police supervision and control thereof. Or to the 48. Anyone or more of the following objections may lr 4 l . 9 e C n e V e n w i s e e a . . l N o o f . a Itl, bsee 1 t 1 ear " ksenlIcteonsteh,ethreante I . w S atol osfaay,l-icensed victualler's or wine- ~. ~ : 1908, 'rhe first, second, third, fourth, fifth, and seventh in No. 104. ss. 108. 109. the list in the last preceding section; and (8) 'l1hat the l)remises in question are not main- tained at a proper standard or are out of repair, or that the rooms are insufficiently furnished for accommodation, or that the sanitary conveniences are insufficient or are not kel)t in a clean and wholesome state; (9) That the house is conducted in an improper manner, and drunkenness permitted therein; (10) That such license is liable to be forfeited under this Act. Or to the 49. Anyone or more of the following objections may i!a.]sfer of a be taken to the transfer of a licensed victualler's license l~ e~ ; ~ "No.18, or wine-seller's license as respects the transferee, that is to s.43. say,- The first, second, third, fourth, and seventh in the said list. lrOiecrmen t o o sve t a. h l e of a b e ta 5 k e 0 n . tAontyhoe nreemorovmaolroefoaf tlhiceenfoselldowviinctguaolbljeerc' stioonr swminaey- 49 Vie. No. IS seller's license, that is to sav,- s. 44. " The fifth, sixth, and·seventh in the said list; and (8) That the owner of the premises from 'which the license is proposed to be removed objects to such removal. Or to the 51. Anyone or more of the following objections may r g e r n a e n w ti a n j g 0 of _ I' a be . taken to the granting u - or renewal of any packet license, poc v k · et license. that IS to sa y,- 8 4 . 9 45. !c. No. ]8, The first " second third, and fourth in the said list " and
1912. LIQUOR. . LiquorAct. ss. 52-55. 5561 PART III.- LICENSES. (5) That drunkenness has been permitted on board of such vessel; and (6) That the provisions of the regulations relating to vessels in respect of which packet licenses have been granted have been contravened. 52. Anyone or more of the following objections may Or to the be taken to the Q u 'ranting or renewal of any billiard license ~ gr = an w ti ~ ng ~ o a r <or bagatelle license, that is to say,- billiard or The first second third fourth and seventh in the ~ agatelle , . ' . ' " lwense. saId lIst. 4<1:) Vie. No. IS, s.46. 53, No objector shall be heard against any applica- N~tie~ of · tion for . the granting , re < new'1l " transfer or removal of a 4ob9JVeclCtIO.Nnso..18 license unless notice of the objection has been given to s. 47. ' the clerk of petty sessions and to the applicant at least ~ ~ ~ ' i5: ' ° S~ ' 92. seven clear days before the time appointed for the hearing of the application to which such notice applies. Notice may be given to an applicant by a registered letter through the post addressed to his last-known place of address: Provided that the court shall not be precluded from Objection ,entertaining any objection which may arise during the arising during h ear.mg 0 f an app1"lcatlOn, but t h e appll'Can t sh a11th en be athned caadsjeo, urn- entitled to an adjournment for such time, not less than ment. three days, as the court thinks fit. The court shall forthwith, after such adjournment, -cause notice in writing' of the objection to be given to every person who in the opinion of the court is affected thereby, or, if he cannot be found, to be left at his last · known place of abode in the place where such application is made. Such notice shall also specify the day on which the adjourned application shall be heard. Every person to whom such notice is given, or who appears to the court to be affected by such objection, shall be entitled to be heard in answer to such objection. 54. When a license or the rene,val, removal, or Grounds of transfer of a license is refused, the court shall pronounce refusal to the decision in open court, and shall state the grounds of ~ ~ ;Ji~~ ; ~ the refusal' and shall cause the same to be entered on the 49 Vie. No 18, , record SO f t l 'l e court . s. 48. 55. In any case where a tenant or any premjses N;glect of twhreonggrfaunltl. yonregrelencetws aolr oref fua,seliscetonsme,akoer dtoueda 0 ppwlihcaatteiovnerfoisr altiepcnpeanlnysetf. toor necessar y for the purI)ose of pro . curinO ~ ' such b O'rant or NNo. Z. 1, 014908, · renewal, and by reason of such neglect or re~ usal serious s. 293. '
5562 ss. 56-58. PART HI.- LICENSES. LIQUOR. Liquor Act. 3 GEO. V. No. 29, loss may be caused, the owner or immediate landlord of the premises may himself make such application or do whatever is necessary as aforesaid, either in his own name or the name of his nominee or in the name of the default- ing tenant, as such owner or landlord thinks fit, and may recover from the defaulting tenant all the costs and expenses thereby incurred. Certificate to be Granted-Fees. Oertificate 56. When the court grants an application for a tmhaayt lbiecense lI' Cense, a certificate I.n such one 0 f t he"L .1.. ' ' orms N os. 26, ~ ranted shall 27, 28, and 29 of the Second Schedule to this Act as is ~ ~ ~ ic. No. 18, applicable, or to the like effect, shall be issued to the s. 51. applicant upon payment to the clerk of petty sessions of S ff c . h 2 . 6 H to .. 29. the prescr1 'b e d l l ' Cense f ee. License to In the case of new licenses, a duplicate of such certifi- cate shall be transmitted to the Treasurer by the clerk of petty sessions. The Treasurer shall forthwith, after the receipt of such certificate from such clerk, cause to be issued the license authorised by such certificate. In the case of renewal of licenses, the clerk of petty -sessions shall, upon payment to him of the prescribed fee for such renewal, issue a receipt for such fee, and such receipt shall operate as a renewal of the license authorised by such certificate. Ltaikceenesfefetcot 57. Sub]'ect to this Act, every license shall commence from date. and take effect from the date on which it is therein stated 49Yic.No.18,to commence, and shall, unless previously forfeited or s. <>2. cancelled, be in force until and including the thirtieth day of June then next following. Fees payable for yearly licenses. 4~ Vic. No. 18, s.53. N.S.W., 1905 No. 40, s.22. 58. The fees payable in respect of licenses shall be- (i.) For a licensed victualler's license, or renewal of a licensed victualler's license, the fees following, namely :- Where the annual value is assessed at a sum not exceeding' fifty pounds, an annuaUicense fee of fifteen pounds; Where the annual value is assessed at a sum exceeding fifty pounds, an annual license fee of fifteen pounds for the first fifty pounds of annual value, together with an additional sum equal to five pounds for every additional
LIQUOR. s.58. 5i63 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1912 . . LiquorAct. LICENSES. fifty pounds or part of fifty pounds of annual value: Provided that the maximum annual license fee so payable, and inclusive of the fee for a second bar, if any, shall in no case exceed one hundred pounds; The court. shall assess the annual value of all licensed victuallers' premises in the district over which the court has jurisdiction; With respect to premises licensed at the commencement of this Act, such assessment shall be made as soon as may be after the commencement of this Act. If with respect to any licensed premises such assessment has not been made before the conclusion of the annual sittings of the court in the year one thousand nine hundred and thirteen, the licensee shall pay the same license fee for renewal of his license as heretofore, and the proper license fee shall become payable forth- ~ ith upon the making of such assessment, and any necessary adjustment in regard to money already paid for the license fee shall be made; With respect to premises for which a new licensed victualler's license is granted after the commencement of this Act, the annual value shall be assessed, and the prescribed license fee paid before the issue of such license; The decision of the court with respect to the assessment of the annual value of any licensed premises shall be final and without appeal; The inspector of the district and any licensed victualler whose premises are being assessed shall in all cases have the right to appear and call evidence, and address the court; For the purpose of the assessment of the annual value, the court may require the owner or the licensee, if a tenant, to furnish a true and correct statement of the rent and any premium paid or payable in respect of the licensed premises, and such further particulars as will assist the court to fix such value; or, if the owner is the licensee, to furnish such true and correct particulars as wi1l assist the court to fix such value;
1912. LIQUOR. L'iquor Act. Sch. 11., ft. 16-19. 5641 No. I6.-Notice of Application for Renewal of Wine-seller's License. [s.40.J To the Licensing Court of the Licensing District of , acting uuder '.' The Liquor Act qf 1912." I, A.B., being the holder of a wine-seller's license under the said Act, for the premil!es known as , and situated at in the said district, and having held a wine-seller's license for years [or months], and such premises having been licensed for the sale of Australian wine for years [or mQnths], hereby give notice that I intend to apply, at the next sittings of the said court, for a renewal of such license. Dated this day of , 19 A.B. No. l7.-Notice (If Applicationfor Tranifer of Wine-seller's License. [s.40.J To the Licensing Court of the Licensing District of under" The Liquor Act of 1912." , acting I, A.B., being the holder of a wine-seller's license under the said Act, for the premises known as , and situated at , in the said district, hereby give notice that I intend to apply, at the next sittings of the said court, to transfer the said license to C.D., of [state residence and occupation of proposed traniferee]. And I, the said C.D., hereby give notice that it is my intention to apply that such transfer may be granted to me. [Here give particulars as to transferee as in Form Number 11.J Dated this day of ,19 . A.B. C.D. No. I8.-Notice of Applicationfor Removal of Wine-selle'r'g License. [s.40.J To the Licensing Court of the Licensing District of under" The Liquor Act of 1912." , acting I, A.B., being the holder of a wine-seller's license under the said Act, for the premises known as , and situated at , in the said district, hereby ~ ive notice that [ intend t6) apply, at the next sittings of the said court, to remove the said license, so that it may apply to the premises [describe the exact situation of the premises and the names of the occupants of tllfJ adjoi,ing premises J. Attached hereto is a plan of the said premise14 showing the room [or rooms] in which the sale of wine is proposed to be carried on. Dated this day of ,19 . A.B. No. 19.-Notice of Application for Packet License. To the Licensing Court of the Licensing District of under" The Liquor Act of1912." , acting I, A.B., being master of the vessel called the , carrying passengers between and , within the State of Queeusland [or between , in the State of Queensland, and ], or plying [state in what harbour or river], hereby give notice that I intend to apply at the next sittings of the Licensing Court for a certificate authorising the issue of a license [or the renllwal of a license] to enable me to retail liquor to the passengers on board of such vessel. Dated this day of , 19 A.B.
5642 - Sch. 11., ft. 20-23. LIQUOR. Liquor Act. 3 GEO. V. No. 29, [1I.41.J Cs. 41.J [e. 42.) [s.48.J No. 20.-Application for Packet License or Renewal. To the Licensing Court of the Licensing District of under" The Liquor Act of 1912." , acting I, A.R, being master of the vessel called the , carrying passengers between' within the State of Queensland [or between and , , in the State of Queensland, and _ ], or plying [state in what harbour or river], hereby apply for a certificate authorising the issue of a license [or the renewal of a license] to enable me to retail liquor to the passengers on board of BU'Ih vessel. Dated this day of ,19 . A.B. No. 21.-Applicationfor Transfer of Packet License. To the Licensing Court of the Licensing District of , acting under" The Liquor Act of 1912." I, A.B., being the holder of a packet license fOf the vessel cailed the , carrying passengers between and , within the State of Queensland [or between , in the State of Queensland, and ] [or plying (as in last form) in the State of Queensland], hereby apply for a transfer of the said license to C.D., of [here state residence and occupation of proposed transferee]. And I, the said C.D., hereby apply that such transfer may be granted to me. Dated this day of ,19 A.B. C.D. No. 22.-Booth Authority. I, the undersigned, constituting the licensing court for the licensing district of , in pursuance of" The Liquor Act of 1912," 'hereby authorise A.B., now holding a licensed victualler's [or wine- seller's] license for the house and premises known as , and situated at , to retail liquor (or Australian wine] in an opel) booth [or stand, or hut, or building, as -the case may be], at , on the occasion of . [state nature of public amusement], for the space of - ,. days, subject to the said Act. ~ iven under my hand this day of , 19 G.H., Police Magistrate. No. 23.-Temporary Removal Authority. I, the undersigned, constituting the licensing court for the licensmg district of , in pursuance of "The LiquorAct of 1912," hereby certify that it having been proved to me that the house and. premises known as , and situated at , and for which a licensed victualler's [or wine-seller's] license; dated the day of , 19 , was held by A.B., have been destroyed by fire [ifby any other cause state it] [or so damaged as not to be habitable by him, &c.], and that the said A.B. is desirous of temporarily exercising the privileges conferred by such license in the . house and premises to be known as , and situated at , I do hereby authorise the said A.B. to sell liquor [or Australian wine], under the said license, at the said last-named premises, for a term not exceeding· monthrrom the date hereof. Given under my hand this day of . 19 ; G.H., Police Magistrate.
1912. LIQUOR. LiquorAct. Sch. 11., tf. 24-26. 5643 No. 24.-Application for Billiard or Bagatelle License or Renewal or [•. 44.J Transfer. To the Licensing Court of the Licensing District of under" l'he Liquor Act of 1912." , acting I, A.B. [state rl'sidence and occupation], hereby give notice that [ intend to apply, at the next sittings of the court, for a certificate authorising the issue to me of a billiard [or bagatelle] license [or the renewal of a billiard ( or bagatelle) license], for the· keeping of billiard [or bagatelle] tables, on the premises situated [describe _ tk~ natu'l'f', locality, and accommodation of the premises]. Or, in the case of a transfer insert- I, A.B., being the holder of a billiard [or bagatelle] license for the keeping of billiard [or bagatelle] tables, on the premises situated at , hereby apply for a transfer of the said license to C.D., of [state residence and occupation of proposed transferee]. And I, the said C.D , hereby apply that such transfer may be granted to me. Dated this day of , 19 No. 25.-0erfijicafejor Special License. A.B. C.D. [s.45.] I, the undersigned, constituting the licensing court for the licensing district of in which the special district notified in the Gazette of the day of ,19 ,as a "special district" under." :{!he LiquorAct of 1912,''' and generally known as the goldfield [or if by any other name here state it], is situated, hereby certify that A.B., lately of",: and now residing on the said goldfield [or in the said district], has this day applied to the said court,sitting at , for a licensed victualler's [or wine-seller's] license [or a license to hep billiard l or bagatelle] tables] in the said district, in the temporary building or erection to be known as . , and situated more particularly as shown by the map [or plan] and description annexed hereto: And the said A.B. being shown to me to be a person of good cbaracter, and the accommodation provided by him in such temporary building or erection appearing ,to me on examination thereof to be as nearly as practicable under the circum- stances in accordance with the requirements of the said Act in relation to licensed premises: I hereby declare that he may seli liquor [or Australian wine or keep billiard (or bagatelle) tables] under the said A( ~ t; at the said temporary building or erection (which may not be moved for the purposes of this license to ant other site), and not elsewhere, and for a period of months. Given under my hand at .' this day of ,19. G.H., Police Magistrate. No. 26.-0ertijitJate for Licensed Victualler's License or Renewal. [se. 29, 56] I, the undersigned, constituting the licensing court for the licensing district of , acting under" The Liquor Act of 1912," and sitting at on the day of ,19, the requisite notices of application for this certificate having been proved to the court to have been duly given and published, and it appearing to the court that the premises hereinafter mentioned contain the requisite accommodation under the said Act, and that A.B., of ,is a fit and proper person to hold a licensed victualler's license, hereby authorise the issue
ii644 [8. 56.J [s.56.J [s.56.J (1.60.J Sch. 11'1 ft. 27-30. LIQUOR. Liquor Allt. 3 GEO. V. No. 29, [or renewal] of a licensed victualler's license in favour of the said A.B., of , for [state the name, description, and locality qf the house and premises, specifying whetller more than one bar is to be kept open, and, if so, the situation of each]. Given under my hand at this day of , 19 . G.H., Police Magistrate. No. 27.-0ertificatejor Wine-seller's License or Renewal. I, the undersigned, constituting the hcensing court for the licensing Ihstrict of , acting under" The Liquor Act of 1912," and sitting at , on the day of , 19 , the requisite notices of application having been proved to the court to have been duly given and publishpd, and it appearing to the court that A.B., of is a fit and proper person to hold a license to sell Australian wine, hereby authorise the issue [or renewal] of a license authorising the said A.B. to sell Australian wine in the premises situated at [describe the exact locality of the premises], and in no other place. . Given under my hand at this day of 19. G.H., Police Magistrate. No. 28.-0erti/icate for Packet License or Renewal. I, the undersigned, constituting the licensing court for the licensing district of , acting under" The Liquor Act of 1912," being satisfied that C.D., the master of the [insert name and description of vessel and between what ports trading, or in what harbour or river pl.yin.q], is a fit and proper person to hold a packet license, do hereby authorise the iS8ue [or renewal] of a packet license in his favour. Given under my hand at this day of ,19. G.H., Police Magistrate. No. 29.-061·tijicate jar Billiard or Bagatelle License. r, the undersigned, constituting the licensing court for the licensing district of , acting under "The LiquorAct of 1912," and sitting at , on the day of 19 , do hereby authorise ·the issue to A.B., of , of a billiard [or bagatelle] license to keep billiard [or bagatelle] tables, on the premises situated at [describe locality of premises]. Given under my hand at this day of 19. G.H., Police Magistrate. No. 30.-Authority to Oarry on in Oase of Licensee's Death. It being shown to me, the undersigned constituting the licensing court for the licensing district of , that A.B., the holder of a licensed victualler's [or wine-seller's] license [or a certificate for a licensed victualler's (or wine-seller's) license], under "The LiquorAct of 1912," and dated the day of , 19 ,for the premises therein described, is lately'deceased, and that it is necessary that the busine~ s lately carried on by the said A.B. in virtue of the said license should be temporarily continued [or that a license should be issued in respect of the said certificate], and that C.D., of , is an executor named in the will of the said A. B. [or if! the legal personal representative (or next-of-kin) of the said A.B.]. [and that E.F. is the agent duly nominated by the said C.D., or by the Curator of Intestate Estates], and is a fit and proper person to carry on
LIQUOR. 8ch. 11., ff. 31-33. 5645 1912. Liquor .Act. the said business in the said licensed premises: Now, therefore, I the undersigned, certify that the said C.D. [or E F.] is hereby duly authorised to sell liquor [or Australian wine] under such license [or authorise the issue of a license to the said C.D. (or E.F.) in respect of the said certificate], subject to the said Act, in like manner as if he had been the original licensee [or holder of the certificate] [for if thought fit insert fixed period] .. Given under my hand at this day of ,19. G.H., Police Magistrate. No. 31. - Authori~ 1J fa Carry on in Oase oj Insolvency of Licensee. [s.60.] It being shown to the undersigned, constituting the licensing court for the licensing district of , that A.B., the holder of a licensed victualler's (01' wine-seller'si license [or a certificate for a licensed victualler's (or wine-seller's) license] for the premises situated at . and more particularly described in such license [or certificate], has become insolvent, and , the trustee of the estate of the said A.B., having applied that E.F., of , may be authorised to continue the business carried on by the said A.B., in virtue of the said license [or that a license may lJe issued to E.F. in respect of the said certificate]: Now I, the under- signed, in pursuance of " The Liquor Act oj 1912," hereby authorise the said E.F., as the agent of such trustee, to carry on such business subject to the said Act [or the issue to the said E.F. of a license in respect of the said premises frolll the day of next [or instant] to the thirtieth day of June next ensuing [01' for if thought fit insert less period], subject to the said Act in like lllanner as if he had been the original licensee [or holder of the certificate]. Given under my hand at this day of ,19. G.H., Police Magistrate. No. 32.-Authority to Oarryon where Licensee Insane. [s.60.J It being shown to the undersigned, constituting the licensing court for the licensing district of , that ~ ~ . B. , the holder of a licensed victualler's [or wine-seller's] license for the premises situated at , and more particularly described in such license, has become insane, and has been insane for more than onc month prior to the date hereof, and RS., the wife of the said A.B. [or the next of kin of the said A.B., or the Curator in Insanity], having applied to me tnat RS. [or C.D.] of , may be authorised to continue the business carried on by the said A.B., in virtue of the said license under the said Act, I, the undersigned, constituting the said court, hereby certify that the said RS. [or C.D., as such agent], and subject to the said Act, is duly authorised to carry on such bnsiness on such premises until the end of the term of such license [or for ifthoughtfit insert fixed period]. Given under my hand at this day of ',19. G.H., Police Magistrate. No. 33.-0ertificate for Duplicate License. [a. 61.] I, the undersigned, constituting the licensing court under "The Liquor Act of 1912" for the licensing district of , hereby certify that A.B., to whom a licensed victualler's [or as the case may be] license, dated the day of 19 , was granted in respect of the premises known as , and situated
.'5646 [s.101.] [I. i2l.] [8.131.] [8.132.] 8ch. 11., If. 34-37. LIQUOR. Liquor Act. 3 GEO. V. No; 29, at within the said district, has shown to me that he has acci. dentally and from causes beyond his control lost the said license [or that the said license has been accidentally [or from causes ' beyo~ ~ kis control lost or destroyed]. And I hereby declare that a dUllI~ cate of such license may be issued to him. . Given under my hand at this day of . ' 19 G.H., Police Magistrate. No. 34.-0ertificate a8 to Anal!!8i8. 1, , Commissioner of Public Health, hereby certify that I have caused to be examined the [de8cribe the 8ample (or 8ampl(8) 80 that it (or the!!) may be ea8ily identified] on the day of , 19 , and that the same is [or are] liquor within the meaning of "The Liquor Act of 1912," and contains [or contain] the following percentage of proof spirit [8tate the percentage of proof 8pirit with respect to each 8ample]. . Dated at , the day of ,19 RA. No. 35.-Applicatzonfor Regi8tration a8 Spirit Merchant. To the Licensing Court of the Licensing District of , acting under" The Liquor Act of1912." J, A.B. [8tate name in full, and of all the partner8 in the ca88 of a firm], of , propose to carry on the business of a spirit merchant, at the premises situated at [de8cribe localit.v], from the day of next, and hereby apply to be registered in that behalf and for registration of the said premis!3s uuder "The LiquorAct of 1912." Dated at this day of ,19 . A..B. No. 36.-Notice of Applicationjor Oertificatefor Olub. To the Licenl!ing Court of the Licensing District of under" The Liquor Act of1912." , acting I, A..B. [8tate re8idenM and occupation], hereby give notice that I intend to apply, at the next annual [or quarterly] sitting" of the said court, for a certificate of the registration of a club whereof the required particulars are as follows:- (a) Name of Club is (b) Objects of Club are (c) Premises of Club are situated at (d) Name of Secretary "is . ; (e) Number of members of Club at this date. is Dated this day of ,19 A.R No. 37.-Notice of Application fOT Renewal of Oertificate for Olub. To the Licensing Court of the Licensing District of , acting under" The Liquor Act of 1912." I, A.B., Secretary of the Club, duly registered under the said Act in premises situated at , in the said district, hereby give notice that I intend to apply, at the next annual sittings of the said court, for a renewal of such registration. Dated this day of , 19 A.B.
LIQUOR. Sch. 11., ff. 38-41. 5647' 1912. LiquorAct. No. 38.-Notice of Application for Certificate of Removal of Club. [s.133.] To the Licensing Court of the Licensing District of , acting under" The Liqua1' Act uf 1912." I, A.B., Secretary [or as the case may be] of the Club, duly registered in premises situated ~ t , in the said district, hereby give notice that I intend to apply, at the next annual [or quarterly or monthly] sittings of the said court, for a certificate of remoral, so that it may apply to the premises [describe the situation of the new premises]. Dated this day of , 19 A.B. Bo.39.-Inspecfor's Certificate for Club. [s.135.] r I, A.B., being inspector or sub-inspector] for the licensing district of , hereby certify that I have this day inspected the premises in street, in the city [or town] of , and known [or intended to be known] as the • notice of application for a certificate of registration for which [or a renewal of a certificate of registration for which or of removal to which], under" The Liquor' Act of 1912," has been given. And I hereby certify th'tt the said premises are suitable for the purposes of a club. ".- I also certify that I have inspected the certified copy of the register of members of the said club, and, having made proper inquiries with 'respect to the particulars contained therein, find that such particulars are correct. I further certify that after proper inquiries I find that the provisIOns of the said Act with respect to such club are fully complied with. As witness my hand this day of , in the year 19 A.B., Inspector [ or Sub-inspector] for the District of No. 40.-0ertificate of Registration of Club. [s.138.J Whereas the licensing court of the licensing district of , at its sittings held at , in the said district, on the the issue to the day of ,19 ,has authorised Club, under" The Liquor Act of 1912," of a certificate of regili!tration for the premises situated at [describe locality] : And whereas the sum of sterling as the fee for such registration has been paid: I do hereby certify that the said Club is duly registered for the said premiEes. This certificate takes effect on the day of next [or instant], and will continue in force until the thirtieth day of June, 19 . both days inclusive, unless cancelled or suspended in the meantime. Given under my hand, at , this day of , 19 G.H., Police Magistrate. No. 41.-Local Option Vote. Cs. 18Q.] CA) Reduction by twenty-five per centum- I- - - - -- - -- - - - - - - - -- - -- - -- - -- - --~ --~ --- --- --- --- --- I~ I vote for reduction of existing licenses by twenty-five per centum. I vote against any reduction. Indicate your vote by making a cross in the square opposite the statement of the way you vote.
5648 Sch. 11., If. 42, 43. LIQUOR. LiquorAct. 3 GEO. V. No. 29, 1912. CB and C) Reduction by fifty per centum, also Reduction by seventy-fil"e per centum- I vote for It further reduction of licenses by a further twenty-five per centum. I vote against any further reduction. Indicate your vote by making a cross 10 the square opposite the etatement of the way you vote. (D) Prohibition- I vote for prohibition. I vote against prohibition. Indicate your vote by making a cross in the square opposite the statement of the way you vote. CE) New License!1- I vote for new licenses. [1.204.J [s.204.J I vote against new licenses. Indicate your vote by making a cross in the square opposite the statement of the way you vote. No. 42.-Ll.pplication for Refreshment Room License. To the Commissioner for Railways for the State of Queensland. I, A.B., being the lessee of the Railway Refreshment-room at the station on the Railway in the State of Queensland, do hereby apply for a license for the sale, by retail, of liquor under " The Liquor Act of 1912." Dated this day of ,19 . A.B. No. 43.-Refreshment Room License. Whereas A.B., of , being the lessee of the Railway Station Refreshment-room at the station, on the Railway in the State of Queensland, has applied to me for a license to sell liquor by retail at the said station, and has paid the said sum of £ , being the amount of fee fixed by me under" The Liquor Act qf 1912," as payable on the issue of a license for the sale of liquor by retail at the said station : Now, I, the undersigned, being the Commissioner for Railways for the said State. do hereby license the said A.B. to sell liquor by retail at the said refreshment-room. This license shall remain in force, unless forfeited under the said Act or revoked by me, until the day of ,19 . Given under my hand and seal at Brisbane this 19 day of C.D., Commissioner for Railwaye.
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