Liquor Acts Amendment Act of 1941 (5 Geo Vi No. 25) (Qld)

170 LIQUOR. Liquor AGts Amendment Act. 5 GEO. VI. No. 25, LAW SOCIETY, QUEENSLAND. See SUPREME COURT. LIQUOR. :5 GEO. VI. An Act to Amend" The Liquor Acts, 1912 to 1935," No. 25. LIQU T O H R E ACTS in certain particulars, and for other purposes. AMENDMENT ACT OF 1941. [ASSENTED TO 8TH DECEMBER, 1941.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title 1. This Act may be cited as "The Liquor Acts and . Amendment Act of 1941," and shall be read as one with constructIOn. *" The Liquor Acts, 1912 to 1935," herein referred to as the Principal Act. Collective The Principal Act and this Act may be cited title. collectively as " The Liquor Acts, 1912 to 1941." Amendments of Principal Act. Amendment 2. In·section four of the Principal Act the definition of s. 4. " Lodger" is amended by repealing the word "eight" and by inserting the word " ten" in lieu of such repealed word. Amendment 3. (1.) Section eighteen of the Principal Act is of s. 18. amended as follows : - (a) In subsection two thereof the words" payable by such registered brewer" are repealed and the words "payable to such registered brewer" are inserted in lieu thereof. (b) Subsection three thereof is repealed. (2.) Paragraph (b) of subsection one of this section shall apply to any annual fee payable for the year commencing on the first day of July, one thousand nine hundred and forty-two, and to any annual fee payable for any year thereafter. • 3 G. 5 No. 29 and amending Acts. 866 v. 5, pp. 624 et Hq.

1941. LIQUOR. Liquor Acts Almendment Act. 171 4. Section sixty-two of the Principal Act is amended Amendment as follows:- of s. 62. (a) The following subsections, numbered seven and eight, are inserted after subsection six thereof, namely :- "(7.) During any day or time during which the sale of liquor is prohibited, the licensed victualler shall keep .closed and locked- (a) Every door or other entrance or means of any kind by which admission can be gained, whether from outside or inside the licensed premises to- (i.) Any bar or place where liquor is sold over the counter on the licensed premises, or (ii.) Any place on the licensed premises where liquor is kept for sale or stored; and (b) Every aperture or other means of any kind through or by which liquor can be delivered or obtained from any bar or place where liquor is sold over the counter on the licensed premises, or from any place on the licensed premises where liquor is kept for sale or stored. (8.) It shall not be an offence under subsection seven of this section for a licensed victualler during any day or time during which the sale ofliquor is prohibited- (a) To unlock and open any door or other entrance or means of any kind by which admission can be gained from inside the licensed premises to any bar or place where liquor is sold over the counter on the licensed premises for the purpose of enabling the licensee andlor his servants to enter and clean such bar or place; or (b) To unlock and open- (i.) Any door or other entrance or means of any kind by means of which entrance can be gained from inside the licensed premises to any bar or place where liquor is sold over the counter on the licensed premises,. or

172 LIQUOR. LiquorActsAmendmentAct. 5 GEO. VI. No. 25, (ii.) Any aperture or other means of any kind through or by which liquor can be delivered or obtained from any bar or place where liquor is sold over the counter on the licensed premises, for the purpose of obtaining liquor for sale or supply to any bona fide lodger or bona fide traveller." (b) Subsection seven thereof is renumbered nine. Repeal of and new s.69. Hours of selling on licensed victualler's or wine- seller's premises. 5. (1.) Section sixty-nine of the Principal Act is repealed and the following section is inserted in lieu thereof, namely ;- "[69.] (1.) No licensed victualler or wine-seller shall keep his licensed premises open for the sale of liquor, or sell or supply liquor, or permit liquor to be drunk or consumed on his licensed premises, except between the hours of ten 0' clock in the morning and ten o'clock at night, on the six business days of the week. Bona fide lodger_ (2.) No licensed victualler or wine-seller shall keep his licensed premises open for the sale of liquor or sell or supply liquor, or permit liquor to be drunk or consumed on his licensed premises on any Sunday, or on Good Friday, Anzac Day, or Christmas Day, or during polling hours on any polling day at a general election of members of the State or Commonwealth Parliament, or during polling hours on any polling day at any by-election of a member of the State or Common- wealth Parliament within the electoral district or electoral division in question or during polling hours on any day of a poll under Part VIII. of this Act. (3.) Nothing in subsections one and two of this section shall relate to the sale or supplying of liquor to a bona fide lodger or to permitting a bona fide lodger or his guest to drink or consume liquor on the licensed premises if the liquor is not drunk or consumed at or in any bar or place where liquor is sold over the counter on the licensed premises. Moreover nothing in subsections one and two of this section shall relate to liquor authorised by this section to be drunk or consumed on the licensed premises by a bona fide traveller and sold or supplied for the purposes of being so drunk or consumed if the liquor is not drunk or consumed at or in any bar or place where liquor is sold over the counter on the licensed premises.

LIQUOR. 173 1941. Liquor Acts Almendrment Act. (4.) A licensed victualler may, subject as hereinafter Bonafids provided in this section, permit liquor to be drunk or traveller. consumed on his licensed premises by a bona fide traveller and may sell or supply liquor to a bona fide traveller for the purpose of being so drunk or consumed by such traveller, between the hours of twelve o'clock noon and two o'clock in the afternoon and between the hours of five o'clock in the afternoon and seven 0' clock in the evening during any day or time during which the sale of liquor is prohibited. (5.) (a) Every licensed victualler shall keep at his licensed premises a "Travellers' book." If the form of such book is prescribed by the regulations, such book shall be in the prescribed form. (b) No licensed victualler shall permit liquor to be drunk or consumed on his licensed premises by any bona fide traveller or sell or supply liquor to any bona fide traveller for the purpose of being so drunk or consumed by such traveller unless and until such bona fide traveller has entered in the travellers' book in his own handwriting the following particulars, namely :-- (i.) His true name and the address where he resides; and (ii.) The distance travelled by him on the day on which he makes these entries and the address from which he so travelled, and has signed such book. Any person who makes any such entry which is false or who signs a false name in such book shall be guilty of an offence. (6.) (a) No licensed victualler shall- (i.) Permit any bona fide traveller to leave his licensed premises with liquor in his possession during any day or time during which the sale of liquor is prohibited; or (ii.) Permit any bona fide traveller to drink or consume liquor at or in any bar or place where liquor is sold over the counter on the licensed premises during any day or time during which the sale of liquor is prohibited; or

174 LIQUOR. LiquorActsAmendmentAct. 5 GEO. VI. No. 25, (iii.) During any day or time during which the sale of liquor is prohibited, permit liquor to be drunk or consumed on his licensed premises by any bona fide traveller, or sell or supply liquor to any bona fide traveller for the purpose of being so drunk or consumed, except between the hours of twelve o'clock noon and two o'clock in the afternoon or between the hours of five o'clock in the afternoon and seven 0' clockin the evening. (b) No bona fide traveller shall- (i.) During any day or time during which the sale of liquor is prohibited drink or consume liquor on any licensed premises except between the hours of twelve o'clock noon and two o'clock in the afternoon or between the hours of five o'clock in the afternoon and seven o'clock in the evening; or (ii.) Drink or consume liquor at or in any bar or place where liquor is sold over the counter on any licensed premises during any day or time during which the sale of liquor is prohibited; or (iii.) Leave any licensed premises with liquor in his possession during any day or time during which the sale of liquor is prohibited. (7.) A licensed victualler need not, unless he thinks fit, permit liquor to be drunk or consumed on his licensed premises by any bona fide lodger or traveller during any day or time during which the sale of liquor is prohibited or sell or supply liquor for the purpose of its being so drunk or consumed. (8.) (a) No person shall be a "bona fide" traveller under and for the purposes of this section unless he- (i.) Resides at least forty miles from the licensed premises in respect of which the question arises; and (ii.) Has travelled at least that distance on the day with respect to which the question arises. (b) For the purposes of this section distance shall be calculated in every case by the shortest practicable route along or over any public highway or railway or across any arm of the sea, river, stream, or creek.

1941. LIQUOR. LiquorActsAmendmentAct. (9.) Any person who, save as permitted by this section, is found drinking or consuming liquor on licensed premises or leaving the same with liquor in his possession during any day or time during which the sale of liquor is prohibited shall be guilty of an offence. (l0.) (a) Any licensed victualler or wine-seller who offends against this section shall for the first offence be liable to a penalty of not less than twenty-five pounds nor more than fifty pounds and for a second or subsequent offence, whether against the same or a different provision of this section, to a penalty of not less than fifty pounds nor more than one hundred pounds. (b) Any person other than a licensed victualler or wine-seller who offends against this section shall for the first offence be liable to a penalty of not less than one pound nor more than ten pounds, and for a second or subsequent offence, whether against the same or a different provision of this section, to a penalty of not less than five pounds nor more than twenty pounds: Provided that any person who, having been served with liquor by falsely representing himself to be a bona fide traveller, is found drinking or consuming liquor on the licensed premises or leaving the same with liquor in his possession during any day or time during which the sale of liquor is prohibited shall be liable to a penalty of not more than fifty pounds nor less than twenty pounds. (11.) Proof that during any day or time during which the sale of liquor is prohibited- (a) Any door or other entrance or means of any kind by which admission can be gained, whether from outside or inside the licensed premises to- (i.) Any bar or place where liquor is sold over the counter on the licensed premises, or (ii.) Any place in the licensed premises where liquor is kept for sale or stored; or (b) Any aperture or other means of any kind through or by which liquor can be delivered or obtained from any bar or place where liquor is sold over the counter on the licensed 175

176 LIQUOR. Liquor Acts Amendmen.t Act. 5 GEO. VI. No. 25, premises, or from any place on the licensed premises where liquor is kept for sale or stored, is open or unlocked shall be prima facie evidence of a sale and consumption of liquor on the licensed premises during such prohibited day or time. (12.) Every conviction of a licensee for any offence under this section shall be recorded in the register of licenses, and shall be endorsed on his license." (2.) Every conviction of a licensee for any offence against section sixty-nine of *" The Liquor Acts, 1912 to 1935," shall, notwithstanding the repeal of the said section, be recorded in the register of licenses and shall be endorsed on his license, and every such conviction, whether so recorded and endorsed before or after the passing of this Act, shall be deemed to be recorded and endorsed under section sixty-nine of *" The Liquor Acts, 1912 to 1941," and shall have force and effect accordingly. New s. 78A 6, The following section, numbered 78A, is inserted inserted. after section seventy-eight of the Principal Act, namely;- Emergency "[78A.] (1.) If, by reason of any emergency arising powers. or being expected to arise throughout the State or within any part of the State, or by reason of any other cause or circumstance whatsoever existing or being likely to come into existence whereby the peace, order, welfare, good g'overnment, safety, or civil defence of the State or such part thereof is or is likely to be imperilled, the Governor in Council deems it necessary or desirable so to do, he may, by Proclamation published in the Gazette, prohibit any licensed victualler or wine-seller within the State or, as the case may be, within such part of the State, from keeping his licensed premises open for the sale of liquor or from selling or supplying liquor, or from permitting liquor to be drunk or consumed on his licensed premises- (i.) During any day or time; or (ii.) Except during such hours as may be prescribed by such Proclamation on such of the six business days of the week as may be specified therein, and moreover the Governor in Council may by such Proclamation suspend or restrict all or any of the * 3 G. 5 No. 29 and amending Acts. See v. 5, pp. 624 et seq.

1941. LIQUOR. Liquor Acts A',mendment Act. provisions of this Act authorising, justifying, or excusing, within the State or, as the case may be, such part of the State- (a) The sale of liquor by any spirit merchant; or (b) The sale of beer from a registered brewery by a registered brewer; or (c) The sale of liquor by auction by a licensed auctioneer; or (d) The sale and consumption of liquor in any registered club and the drinking or consumption of liquor in any exempted club; or (e) The sale or supplying of liquor to any bona fide lodger or bona fide traveller and the drinking and consumption of liquor on licensed premises by any bona fide guest or bona fide traveller; or (f) The drinking or consumption of liquor on licensed premises or in any registered club or exempted club, or the possession of liquor by any person, not hereinbefore in this section mentioned. (2.) The Governor in Council shall not, by any Proclamation made under this section, authorize. - (i.) Any licensed victualler or wine-seller to keep his licensed premises open for the sale of liquor, or to sell or supply liquor, or to permit liquor to be drunk or consumed in his licensed premises; or (ii.) Any person to sell or supply liquor or to permit liquor to be drunk or consumed in a registered club; or (iii.) Any person to drink or consume liquor in any exempted club, during any day or time mentioned in subsection two of section sixty-nine of this Act, or after ten o'clock at night or for anyone period exceeding, or for two or more periods exceeding in the aggregate, twelve hours during any business day of the week. 177

178 LIQUOR. LiquorActsAmendmentAct. 5 GEO. VI. No. 25, (3.) Every Proclamation under this section shall be in force for such period not exceeding three months as is specified therein but may by a further Proclamation or further Proclamations be extended for a further period or periods no one of which shall exceed three months. Moreover, any Proclamation for the time being in force under this section may be revoked or modified by a further Proclamation. (4.) Every prohibition, and every suspension or modification of any provision of this Act, contained in a Proclamation made under this section shall, while such Proclamation remajns in force, be read and construed with and as an amendment of this Act and the relevant provisions of this Act shall have force and effect accordingly. (5.) This section shall not be read or construed so as to prejudice any provision of section seventy-nine of this Act." Amendment 7. Section one hundred and five of the Principal of B. 105. Act is amended as follows : - (a) The said section is renumbered subsection one of section one hundred and five. (b) The following subsection, numbered two, is added thereto, namely:- " (2.) When an application is made to the Commis- sion for the transfer of a license upon which a conviction or convictions of the then licensee has or have been endorsed and recorded in the register, it shall be the duty of the Commission to satisfy itself that such application is bona fide and is not being made solely or mainly for the purpose of evading the liability of such licensee to disqualification from holding a license under this Act in the event of a further conviction or convictions of such licensee and, for the purposes of this subsection, the Commission may call upon the licensee and the intending transferee to so satisfy it, and may refuse the application if they fail to so satisfy it when called upon so to do. H the application for the transfer is made under subsection one of this section by the immediate landlord it shall be the duty of the Commission to satisfy itself that the proposed transferee is not the trustee, agent or

LIQUOR. 179 1941. Liquor Acts Amendrment Act. servant of the licensee, and the Commission may call upon the landlord to so satisfy it and may refuse the application if the landlord fails to so satisfy it when called upon so to do. This subsection shall not be read or applied so as to limit the power of the Commission to refuse to transfer a license." 8. Subsection one of section one hundred and Amendment twenty of the Principal Act is amended as follows :_ of s. 120 (1). (a) In sub-paragraph (a) of the first paragraph thereof the words" Except between the hours of eight in the morning and eight at night" are repealed and the words " Except between the hours of ten o'clock in the morning and ten o'clock at night" are inserted in lieu thereof. (b) In the proviso thereto the word "eight" is repealed and the words "ten 0' clock" are inserted in lieu thereof. 9. The last paragraph of section one hundred Amendment and twenty-five of the Principal Act is amended as of s. 125. follows : - (a) The words "the club known as the Brisbane Caledonian Society and Burns Club, the club known as the Queensland Masonic Club," are inserted therein after the words " Queensland Branch." I (b) The words "both of which" are repealed and the words " all of which" are inserted in lieu thereof. 10. The following section, numbered 166A, is New s. 166A inserted after section one hundred and sixty-six of the inserted. Principal Act, namely:- "[166A.] (1.) No person shall- (i.) Bring into; or (ii.) Supply to any person in; or Liquor in, or in the vicinity of, dance halls. (iii.) Have in his possession or under his control in or in the vicinity of, 0·; any public hall any liquor while any dance is being, or is about to be held in such hall, or within one hour after the conclusion of such dance. Any person who offends against this subsection shall be liable, for a first offence, to a penalty of not more than ten pounds nor less than two pounds and, for a

180 LIQUOR. LiquorActsAmendmentAct. 5 GEO. VI. No. 25, second or subsequent offence, whether against the same or a different provision, to a penalty of not more than twenty pounds nor less than five pounds. (2.) For the purposes of this section liquor shall be deemed to be in the vicinity of a public hall if it is shown that such liquor was in the possession or control of any person attending or proceeding to attend, or who had attended, any such dance as aforesaid, or was consumed, or intended for consumption, by any person so attending. (3.) For the purposes of this section the term" public hall" includes any hall, building, part of a building, or any place or ground, whether enclosed or unenclosed or partly enclosed- (i.) Which is open to the public, whether admission thereto is or is not obtained by payment of money or on any other condition; or (ii.) In or upon which any dance is being held to which admission is obtained upon payment of subscriptions, either in money or by way of supplying refreshment and whether upon general or individual invitation or otherwise, but so long only as such hall, building, part of a building, place, or ground is being used for the purpose of such dance and for one hour thereafter; or (iii.) In or upon which any dance is being held by or on behalf of any club or of any body or association of persons: Provided that this definition" public hall" shall not constitute or be deemed to constitute any room or place in any licensed premises or any registered club or exempted club a public hall for the purposes of this section at any hour earlier than ten o'clock at night, but if any room or place in any licensed premises or any registered club or exempted club would, except for this proviso, be a public hall for the purposes of this section, then such room or place, registered club or exempted club shall be and be deemed to be a public hall for the purposes of this section after ten o'clock at night. No special permission under subsection two of section seventy-five or under the proviso to subsection one of section one hundred and twenty of this Act shall be granted if the special purpose for which such permission is required is a dance which constitutes any room or

LIQUOR. 1941. Liquor Acts Amendrnent Act. place in any licensed premises or any registered club or exempted club a public hall for the purposes of this section. No such special permission granted in contravention of the preceding paragraph of this subsection shall exempt or be deemed to exempt any person from any penalty prescribed by this Act. (4.) The provisions of this section shall not apply- (i.) To any liquor on licensed premises during any day or time during which the sale of liquor is permitted; or (ii.) To the sale or supplying of liquor to a bona fide lodger or to permitting a bona fide lodger or his guest to drink or consume liquor on any licensed premises unless such bona fide lodger brings such liquor into any room or place in such licensed premises which is a public hall for the purposes of this section or supplies such liquor to any person (whether his guest or not) attending or proceeding to attend, or who had attended, the dance in such public hall; or (iii.) To any liquor kept for sale or stored by the licensed victualler on the licensed premises in question or by any registered club or exempted club. (5.) Subsections two and three of section seventy- three of this Act shall, mutatis mutandis, apply to and in respect of any person found committing an offence against this section. Section ninety-seven of this Act shall, mutatis mutandis, apply to and in respect of any public hall. Any police officer may seize and take, or cause to be seized and taken, away any liquor brought into, supplied to any person in, or which any person has in his possession or under his control in or in the vicinity of, any public hall in contravention of this section, together with the vessel or utensil containing the same. (6.) Where any act or omission is an offence both under this section and under any other provision of this Act, the offender may be proceeded against under either this section or under such other provision but so that nothing in this section shall render any person liable to be twice convicted of an offence for the same act or omission." 18t