Liquor Acts Amendment Act of 1945 (9 Geo Vi No. 20) (Qld)

LIQUOR. 9 GEO. VI. No. 20, 1945. Liquor Acts Amendment Act. 263 LIQUOR. An Act to Amend" The Liquor Acts, 1912 to 9 N G o E . e. 20 V . I. 1941," in certain particulars. THE I.IQUOR. ACTS AlIIENDJlEN'l' ACT OF 1945. [ASSENTED TO 1ST NOVEMBER, 1945.] -BE 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 : - 1. This Act may be cited as "The Liquor Acts ShorttitIe Amendment Act of 1945," and shall be read as one with and . *" The Liquor Acts, 1912 to 1941," herein referred to as constructIOn. the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The Liquor Acts, 1912 to 1945." title. Amendments of the Principal Act. 2. Section four of the Principal Act is amended as Amendments follows :_ of s. 4. (a) The definition "Brewer" therein is amended Brewer. by adding after the word "breweries" the words " or a person licensed to make beer pursuant to tThe BeerExcise Act1901-1928 of the Commonwealth of Australia (or any Act of the Commonwealth in amendment of or substitution for such Act)." (b) The following definition is inserted therein after the definition " Brewer," namely :- " "Carried "-Includes moving from one place to Carried. another by any means whatever by land, sea, or air, and any liquor shall be deemed to be carried during the period from the time preparations are made for its movement until its delivery at a final destination and whether or not the thing in question is in actual motion at the material time, and the term" carry" and derivatives thereof shall have a correspondingly inclusive meaning." * 3 G. 5 No. 29 and amending Acts, v. 5, p. 624 et Beg. t No. 7 of 1901 of the Commonwealth and amending Acts.

264 LIQUOR. Liquor Ac~ s Amendment Act. 9 GEO. VI. No. 20, Liquor. (c) The definition "Liquor" therein is repealed and the following definition is inserted in lieu thereof, namely:- " " Liquor "-Wines, spirits, beer, ale, porter stout, cider, perry, or any other spirituous or fermented fluid containing three and one- half per centum or more than three and one- half per centum of proof spirit by volume, or any spirituous or fermented fluid whatever of an intoxicating nature." Package. (d) The following definition is inserted therein after tho definition" Owner," namely:- " "Package "-Any vessel, tin, bottle, box, carton, utensil, bag, or other article or thing whatsoever in which liquor or a liquor container may be enclosed, kept, wrapped, packed, consigned, sent, or carried." (e) The following definition is inserted therein after the definition " Prescribed," namely :- Public place " "Public place "-Includes every road, and also every place of public resort open to or used by the public as of right: the term also includes any vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, licensed premises, field, ground, park, reserve, garden, wharf, pier, jetty, platform, market, passage, or other building, premises, or place for the time being used for a public purpose or for the time being open to access by the public, whether on payment or otherwise, or for the time being open to access by the public by the express or tacit consent or sufferance of the owner or occupier, and whether the same is or is not at all times so open." Vehicle. (f) The following definition is inserted therein after the definition" Unregistered club," namely:- " "VehiclA "-Car, tramcar, railway carriage, or other railway vehicle, carriage, dray, wagon, cart, truck, hand-cart, barrow, bicycle, tricycle, motor cycle, motor car, motor vehicle, aircraft, and any other vehicle of any kind whatsoever."

LIQUOR. 265 1945. Liquor Acts ~ 4mendrnent Act. 3. Section five of the Principal Act is amended as Amendment follows :_ of s. 5. (a) Paragraph (b) thereof is repealed and the following paragraph is inserted in lieu thereof, namely :- " (b) Being the holder of a permit in writing (which permit the Commission is hereby authorised to grant) sells in quantities of not less than two gallons at anyone time on the premises specified in such permit cider, perry, or other liquor made by him from apples, pears, or other fruit grown in Australia, and not to be drunk on the premises; or". (b) The following paragraph is added thereto, namely:- " or (i) Is a grower and maker of wine." 4. In subsection five of section fifteen of the Principal Amendment Act the words "such offences" are repealed and the ofs. 15 (5). words "such offence as" are inserted in lieu thereof. 5. (1.) Section eighteen of the Principal Act is Amendment amended as follows :- of s. 18. (a) Paragraph (i.) of subsection one thereof is repealed and the following paragraphs are inserted III lieu thereof, namely :- "(i.) For a licensed victualler's license or wine- seller's license-a sum equal to three per centum of the gross amount (including any duties thereon) paid or payable for all liquor which during the twelve months ended on the last day of June in the preceding year was purchased for the premises, or for sale under any booth authority granted in respect of the license for such premises; (i.a) For a certificate of registration of a club, or permit in respect of an exempted club- a sum equal to two and a-half per centum of the gross amount (including any duties thereon) paid or payable for all liquor which during the twelve months ended on the last day of June in the preceding year was purchased for the premises ; ". (b) In paragraph (v.) of subsection one thereof the words "under this Act" are inserted after the word " licensed."

266 LIQUOR. LiquorActsAmendmentAct. 9 GEO. V 1. No. 20, (c) In subsection two thereof the words "under this Act" are inserted after the word "licensed." (d) The following subsection, numbered three, is inserted after subsection two thereof, namely:- "(3.) For the purposes of this section all liquor sold or disposed of by a registered brewer or registered spirit merchant to another brewer or spirit merchant (whether such other brewer or spirit merchant is a registered brewer or a registered spirit merchant or not) in respect of the business of such other brewer or spirit merchant carried on elsewhere than in Queensland shall be deemed to have been so sold or disposed of to persons other than persons licensed under this Act to sell liquor or to persons other than registered chlhs or exempted clubs." (e) In subsection six thereof the words "and the clerk of petty sessions at the principal place in the district in which the premises concerned are situated shall be notified of such assessment and the particulars thereof" are repealed. (f) In subsection seven thereof- (i.) The words" shall be made" are repealed in the second paragraph of the said subsection and the words "may be made to the Commission at Brisbane or" are inserted in lieu thereof, and the said second paragraph is further amended by repealing the words " to him" and by inserting the words "the Commission or" before the words "such clerk" ; (ii.) The words" shall be paid by the licensee or holder of the registration or permit" are repealed in the third paragraph of the said subsection and the words "shall be paid by the licensee or holder of the registration or permit to the Commission at Brisbane or" are inserted in lieu thereof, and the said third paragraph is further amended by inserting the words "the Commission or" before the words" such clerk." (2.) The amendments made by subsection one of this section to the Principal Act shall apply in respect of any annual fee payable for the year commencing on

LIQUOR.. 267 ] !J45. Liquor Acts Arnendntent .:'let. the first day of July, one thousand nine hundred and forty-six, and with respect to any annual fee payable for any year thereafter: Provided that paragraph (i.) of subsection one of the Principal Act shall, notwithstanding the repeal of such paragraph by this Act, continue to apply with respect to the annual fees therein specified up to and including the year commenced on the first day of July, , one thousand nine hundred and forty-five. 6. The following section, numbered 18A, is inserted ~ew s. 18A after sect I·On m.ghteen 0 f the Pr' mC.lpa1 Act, name1y:- mserted. "[18A.] (1.) Notwithstanding any agreement to the Apportion. contrary, whether made before or after the passing of~~~~~% *" The Liquor Acts Amendment Act of 1945 "- victua.llers' (i.) Any licensed victualler or wine-seller who is n~ ~ nsed not the owner of the licensed premises and wine·sellers' W h 0, I·n respect 0 f the year commenc.mg on license fees. the first day of July, one thousand nine hundred and forty-six, or any year there- after, pays the annual fee for such license fixed on a percentage basis, may without suffering any penalty imposed by any such agreement deduct from any rent payable by him for the premises for any year in respect of which such fee is paid· a sum equal to one-sixth of the amount of such fee or may recover the said sum by action as for a debt in any court of competent jurisdiction from the owner of the premises ; (ii.) Where such sum is so deducted from any rent payable to or is recovered from an owner of the licensed premises and such owner is himself a tenant of another person who is an owner of the premises within the meaning of this section such tenant may in like manner deduct from any rent payable by him to or may recover from the last- mentioned owner a sum equal to the amount so deducted or recovered and so· on until the owner to whom the rent is payable is not himself a tenant of another person; (iii.) In this section the term "rent" includes any rent reduced or commuted under any such agreement. * This Act.

268 LIQUOR. LiquorActsAmendmentAct. 9 GEO. VI. Ko. 20, Owner. (2.) For the purposes of this section the term " Owner" where used with respect to licensed premises includes a cestui qui trust and means the person for the time being entitled to receive either on his own account or as mortgagee or other incumbrancer in possession the rent of such premises, or if he is absent from Queensland the attorney or agent of such person capable of giving a valid receipt for such rent: Provided that as respects licensed premises situated upon land held for an estate of leasehold from the Crown the term " owner" shall not include the Crown." Amendment 7. The last paragraph of section nineteen of the of s. 19. Principal Act is repealed and the following paragraph is inserted in lieu thereof, namely:- " Subject to section 47B of this Act, the Commission on being satisfied that a licensee has failed to comply with any such order may forfeit his license." New s. 20A 8. The following section, numbered 20A, is inserted inserted. after section twenty of the Principal Act, namely :- Addresses of " [20A.] (1.) Every owner of any licensed premises ~ : : : ee; i~ ; : red. shall register his name and address within Queensland as such owner with the Commission. (2.) Such owner shall whenever and as often as he changes his place of abode notify such change to the Commission. (3.) Every owner at the passing of *" The Liquor Acts Amendment Act of 1945" of any licensed premises who has not theretofore registered his name and address within Queensland as such owner with the Commission shall do so within twenty-eight days after the passing of such amendment Act. Every person who on or after the passing of the said amendment Act becomes the owner of any licensed premises shall comply with this section within fourteen days after he has become such owner. (4.) Any person who fails to comply with any provision of this section shall be liable to a penalty of not more than fifty pounds and, in addition, liable to a daily penalty of not more than two pounds for each and every day during which the offence is continued after a conviction therefor." * This Act.

IJI( ~ UOR. 269 H)4;). Liquor Acts AlnCnd'iltcnt ~ 1ct. 9. The words" and except that a licensed victualler Amendment or wine-seller may hold a license to bottle liquor" are of s. 22 (4). inserted after the words "any other license" in subsection four of section twenty-two of the Principal Act. 1O. The following section is inserted after section ~ew s. 22A twenty-two of the Principal Act, namely:- mserted. " [22A.] (1.) Notwithstanding anything contained in ~ orfeiture of t.his Act any licensed victualler's license' cweiner- steillferi'sc hc a e~ s t e eor of lIcense, or certificate of registration as a spirit merchant registration shall, • subject to subsection two of this section, be uc o p n o v n l . C t' 1011 forfmted- for offence of (a) If the licensee or holder of such certificate! : ! : ~ ~ etin{ y being a private person or a body corporate; . <0' or (b) If the license or such certificate has been granted or transferred to a body corporate in the name of a person on behalf of such body corporate who has been nominated by the body corporate for the purpose and such person being then the holder of the said license or certificate; or (c) If any director, officer, or servant actively concerned in the conduct of the business of 'the body corporate by or on behalf of which corporation any such license or certificate is held, shall be, on or after the passing of *" The Liquor Acts Amendment Act of 1945," convicted with respect to" liquor of- (i.) Black marketing within the meaning of the Act No. 49 of 1942 of the Commonwealth of Australia entitled the t BlackMarketingAct1942; or (ii.) Any offence against any Act hereafter amending or substituted for the said t BlackMarketingAct1942. (2.) In case of a conviction on or after the passing of *" The Liquor Acts Amendment Act of 1945" for any offence referred to in subsection one of this section, the license or certificate of registration in question shall be forfeited at and upon such conviction. * This Act. -r So. 49 of llH2 of the Commonwealth.

270 LIQ"COR. LiquorActsAmendmentAct. 9 GEO. VI. No. 2U, (3.) Every forfeiture of a license or certificate of registration under this section shall be absolute with respect to the licensee or holder thereof, and the forfeiture shall operate without right to compensation- in the licensee or holder thereof or in any other person: Provided that, subject to the foregoing provisions of this subsection, any such forfeited license or certificate may be dealt with by the Commission in the same manner as any other cancelled or forfeited license or certificate." Amendment 11. The words "or wine-seller" are inserted after of s. 25 (1). the words "licensed victualler" in subsection one of section twenty-five of the Principal Act. Amendment 12. Section thirty-three of the Principal Aot IS of s. 33. amended as follows :_ (a) The following paragraph is added to subsection one thereof, namely:- "To preserve the continuity of the business of a deceased or bankrupt licensee or holder of a certificate of registration the Commission may permit a person to carry on such business until the grant of authority under the preceding provisions of this subsection." (b) In subsection three thereof the words "Every such certificate of permission" are repealed and the words "Every authority or permit granted under this section " are inserted in lieu thereof. Repeal of 13. Section thirty-four of the Principal Act is and new repealed and the following section is inserted in lieu s.34. thereof, namely :- Duplicate "[34.] If a license or certificate of registration or I ~ n ice c n a s s e e , o&f c., permit is lost or . destroyed the lice . nsee or holder of the loss, &c. certificate of regIstration or permIt may apply to the Commission for a duplicate of the lost or destroyed license or certificate of registration or permit, and the Commission, on being satisfied that such license or certificate of registration or permit is lost or destroyed, may, upon payment of the prescribed fee, authorise the issue of a duplicate of the lost or destroyed license or certificate of registration or permit. Every such duplicate license or certificate of registration or permit shall be forwarded to the Clerk of Petty Sessions for the district in which the premises in respect of which the license, permit, or certificate is

LIQUOR. 271 1945. Liquor Acts Llmendment Act. granted are situated, who shall record thereon all entries appearing in the register of licenses, and who shall certify thereon that such entries so recorded are a true copy of the entries in such register. Any person who finds and attempts to make use of any lost license or certificate of registration or permit shall be liable to a penalty not exceeding fifty pounds." 14. Section forty -seven of the Principal Act is Amendment amended by adding the following paragraphs thereto, of s. 47. namely:- " In addition to all other moneys payable into the Trust Fund established at the Treasury under this section, there shall be paid into such fund an annual sum equal to one-sixth of the aggregate amount of the annual fees paid for their respective licenses by licensed victuallers and wine-sellers in respect of the year com- mencing on the first day of July, one thousand nine hundred and forty-six, and any year thereafter. Subject to the charges hereinbefore in this section specified, such Trust Fund shall be applied in payment of compensation duly payable in respect of cancelled or surrendered licences." 15. The following section, numbered 47A, is inserted ~ew s. 474. after section forty -seven of the Principal Act, namely :_ mserted. "[47A.] (1.) Rubject to section 47B of this Act, Car~ cellation the C . omm . issi c on m' 1y~ o ~ ~ hc ~ ens ~ ed, (a) Forfeit any licensed victualler's license or li~ ense, , W . Ine-se 1 e 1 r ' s l!' Cense upon anyone or more 0 f lWiciennes·ese, lolerrs tth h eI . S sgercotuI . Onnds; specified in subsection two ofreomgfei a rsctsrhapa. i. tnriitotnfor (b) Forfeit any certificate of registration of a cause. spirit merchant upon anyone or more of grounds (vi.) and (vii.) specified in subsection two of this section. (2.) The grounds for forfeiture of a licensed victualler's license, a wine-seller's license, or, subject to paragraph (b) of subsection one of this section, a certificate of registration of a spirit merchant shall be as follows :- (i.) That the licensee is a person of drunken or dissolute habits or immoral character, or is otherwise unfit to hold a license; (ii.) That the licensed premises have been the resort of prostitutes or persons under the surveillance of the police;

272 LIQUOR. Liq1l01' Acts Amendmcnt Act. 9 GEO. VI. No. 20, (iii.) That the licensed premises have been conducted in an improper manner, and drunkenness permitted therein; (iv.) That the licensed premises have been used for purposes of betting or gambling, or of any games prohibited by law, or that the licensee or any person has been convicted for any offence committed on the licensed premises with respect to betting, gambling, or any other game prohibited by law; (v.) That the licensee does not keep in stock and/or supply, in reasonable quantities, all classes, kinds, and descriptions of liquor which are usually consumed or demanded by the general public in the locality in which the licensed premises are situated and supplies of which are reasonably obtainable by the licensee in Queensland, excepting that if a registered brewer is entitled to an estate of freehold in possession or to an estate of leasehold from the Crown of the land upon which the licensed premises are situated or is the mortgagee in possession of such land it shall be a sufficient answer to this ground for the licensee to show that he is bound by agreement with such brewer not to stock and/or supply any class, kind, or description of liquor brewed or made by a person other than such brewer and similar to a class, kind, or description of liquor brewed or made by such brewer and that, subject to such agreement, he does in fact stock and supply, in reasonable quantities, all classes, kinds, and descriptions of liquor usually consumed or demanded by the general public in the locality in which the licensed premises are situated; (vi.) That the holder of the certificate of registra- tion as a spirit merchant has not, in the opinion of the Commission, maintained his premises in which liquor is stored in a secure and proper manner or that his registered premises are out of repair;

LIQUOR. ---------------------- ------ 1945. LiquorActsAmendmentAct. 273 (vii.) That a licensee or spirit merchant has been convicted under section one hundred and sixty-one of this Act for making a false return of his liquor purchases." 16. The following section numbered 47B is inserted New s. 47B after section 47 A of the Principal Act as previously inoorted. inserted by this Act, namely:- " [47B.] (1.) The Commission shall not- Procedure (a) Forfeit any license under section nineteen of ~ ~: : ;~ ure this Act; or of a lIcense. (b) Forfeit any license or certificate of registration as a spirit merchant under section 47 A of this Act; or (c) Forfeit any license under section fifty-one of this Act, unless the licensee or holder of such certificate and, in the case of a license, if the licensee is not also the owner of the licensed premises, the owner and, if the licensee is a sublessee, the lessee and all mortgagees, if any, of such licensed premises have been served with notice in the prescribed manner to show cause why such license or certificate should not be forfeited. Such notice shall state the grounds upon which the Commission alleges that such license or certificate is liable to be forfeited and shall fix a date, being not less than fourteen days after the date of service thereof, upon which the parties concerned may show cause. Any such notice as aforesaid may be served personally upon the person to whom it is directed or in such other manner as may be prescribed. (2.) The Commission may, in lieu of forfeiting such license or certificate, suspend it and, in the case of a license, order the licensee to close and keep closed the licensed premises while the license is suspended. Any suspension of a license or certificate hereunder may be for a period fixed by the Commission or the Commission may direct that such suspension shall continue until the licensee or holder of such certificate further satisfies the Commission that he has complied with the order in respect of which the suspension was incurred or, in the case of show cause proceedings against forfeiture under section 47 A of this Act, that any ground or grounds upon which such license or certificate is liable to be forfeited has or have ceased to exist.

274 LIQUOR. Liqu01' Acts Amendl'lUJut Act. 9 GEO. VI. No. 20, Where the Commission has suspended a license or certificate under this section for a fixed period the Commission may, upon the expiration of such period, cancel such license or certificate unless the licensee or holder of such certificate sooner satisfies it that he has complied with the order in respect of which the suspension was incurred or, in the case of show cause proceedings against forfeiture under section 47 A of this Act, that a ground or grounds upon which such license or certificate may be forfeited under such section (whether the ground or grounds upon which such license or certificate was so suspended or any other such ground or grounds) no longer exists or exist. Any such suspension of a license or certificate shall be removed by the Commission upon the licensee or holder of such certificate satisfying it that he has complied with the order in respect ofwhich the suspension was incurred or, in the case of show cause proceedings against forfeiture under section 47 A of this Act, that the ground or grounds upon which such license or certificate was suspended no longer exists or exist. Any suspension of a license or certificate of regis- tration under this section shall, while the suspension remains in force, operate as a cancellation of such license or certificate for all purposes of this Act and, without limit to the generality of the foregoing provisions of this paragraph, shall so operate without right to compensation in the holder thereof or in any other person. (3.) If a licensee fails to comply with an order served upon him under section nineteen or under section fifty-one of this Act, the owner of the licensed premises in question may, at any time before the Commission has forfeited the license, enter such licensed premises and by himself, his agent, or his workmen do all things required by such order to be done by the licensee, and such entering shall not be deemed a trespass or affect in any manner the rights (if any) of such owner as against the licensee. If such order is to add to the accommodation of the premises the owner may exercise his powers under this subsection after a reasonable time has elapsed and before the expiration of three months from the date of service of or posting of such duplicate order as aforesaid and in any other case such owner may exercise his powers

1945. LIQUOR. Liquor Acts AmcildtlU'nt Act. 275 under this subsection forthwith upon the expiration of the period specified in the order, but any owner entering the licensed premises in pursuance of this subsection shall complete the doing of all things required by the order within a period after he has so entered not exceeding the period specified in such order. (4.) If any licensee or the owner of the licensed premises feels himself aggrieved by any order made under section nineteen or under section fifty-one of this Act, he may notify the Commission that he desires to show cause why such order should be modified or disallowed. Such notice shall, if the order specifies a period of less than seven days for the doing of the things thereby required to be done, be given to the Commission before the expiration of such period, and in any other case such notice shall be given to the Commission within seven days from the date of service of the order, if the licensed premises in question are situated within the area of the City of Brisbane or, if such licensed premises are situated without such area. before the expiration of the period specified in the order or, if such period exceeds twenty-one days, within twenty-one days from the date of service of the order. Upon receipt of such notice the Commission shall appoint a time and place when and where the licensee or owner may appear before it and show cause. The Commission may upon any such show cause proceedings confirm or disallow or modify the order in question and the decision of the Commission shall be final: provided that the Commission may extend any period of time specified in any such order confirmed or modified by it." 17. Section fifty-one of the Principal Act is Amendment amended as follows :_ of s. 5I. (a) Subsections one and two thereof are repealed and the following subsections are inserted in lieu of such repealed subsections, namely :- "(1.) (a) Any inspector may, at any time and from time to time, enter and examine any and/or every part of any licensed victualler's premises.

276 LIQUOR.. LiquorActsAmendmentAct. 9 GEO. VI. 1'\0. 20, A report upon such examination shall be furnished by the inspector to the Commission. Any person who obstructs or molests an inspector in the performance of his duty under this section shall be liable to a penalty not exceeding fifty pounds. (b) An order signed by the secretary of the Commission or by any inspector authorised in that behalf by the Commission may be served upon any licensed victualler whose premises (in the opinion of the Commission or of such inspector) require cleansing, painting or repainting, or are in a state of disrepair, or are not in a good sanitary condition, or do not contain the prescribed accommodation or necessary furniture, furnishings, fittings, or other equipment in good order and condition, requiring such licensed victualler, within such period as is specified in such order, to cleanse, paint or repaint, or repair, or take the necessary sanitary precautions in, or add to the accommodation of, or to provide any furniture, furnishings, fittings, or other equipment necessary for his premises (as the case may be) and otherwise to comply with this Act. If the licensed victualler is not the owner of such premises, a duplicate of the order served as aforesaid upon the licensed victualler shall also be served upon the owner of such premises (or, if he cannot be found, shall be posted upon the front or principal door of such premises), addressed to such owner. In the case of any such order to add to the accommodation of any licensed victualler's premises the period to be specified therein shall not be less than three months. (2.) Subject to section 47B of this Act, if a licensee fails to comply with an order under this section the Commission may forfeit his license." (b) Subsections three, four, and five thereof are repealed. (c) In subsection six thereof the words" which the inspector is authorised to require the licensee to do under this section " are repealed and the words " which the licensee is required to do by an order made under subsection one of this section" are inserted in lieu of such repealed words.

LIQUOR. - - - - - - - - - - - -- ~ -- - - IH45. Liq1wr Acts Amendlnent llct. 18. Subparagraph (d) of the first paragraph of Amendment subsection one of section fifty-eight of the Principal ofs. 58. Act is repealed and the following subparagraph is inserted in lieu thereof, namely :- " (d) To any female in any bar in any licensed victualler's premises, or place where liquor is sold over the counter on any licensed victualler's premises, or in any room or place on or in any licensed victualler's premises to which direct access may be gained by members of the public from any bar in or place where liquor is sold over the counter on such premises." 19. Paragraph (e) of section fifty-nine of the ~ mer: ~ ment Principal Act is repealed and the following paragraph 0 s. D • is inserted in lieu thereof, namely:- "(e) Any female in any bar in any licensed victualler's premises, or place where liquor is sold over the counter on any licensed victualler's premises, or in any room or place on or in any licensed victualler's premises to which direct access may be gained by members of the public from any bar in or place where liquor is sold over .the counter on such premises." 20. Section sixty of the Principal Act is amended Amendment by repealing in the second paragraph thereof the word 0' s. 60. " three" and by inserting in lieu thereof the word " ten"; and the said section is further amended by adding thereto the following paragraph, namely:- "Any person (excepting a member of the family or employee of the licensee) apparently under the age of twenty-one years who is found in the bar of any licensed premises or in the refreshment-room of a wine- seller shall be liable to a penalty not exceeding ten pounds." 21. In section sixty-one of the Principal Act the A~ endment word "three" is repealed and the word "ten" is of s. 61. inserted in lieu thereof. 22. The following subsection is inserted after Afme~~ment subsection five of section sixty-two of the Principal Act, 0 s. . namely:- " (fh.) Moreover, the licensee shall not, except with the permission of the Commission, carry on upon the licensed premises any business other than the business

278 LH~uOR. Liqllm" Acts Amendment Act. 9 GEa. \'1. No. 20, of a licensed victualler or licensed wine-seller, and the licensee shall not, except with the permission of the Commission, let or sublet any part or portion of his licensed premises, or the right to carry on or supply on any part or portion of his licensed premises any service to the public or business: Provided that this subsection shall have operation and effect so as not to limit the right of the licensee to carry on his business as such licensee." New s. 6SA inserted. Obligation to provide board and meals. 23. The following section, numbered 68A, is inserted after section sixty-eight of the Principal Act, namely:- "[68A.] (1.) Where the Commission is satisfied- (i.) That there is in any locality a demand by persons whether bona fide travellers or not for board and/or meals; and (ii.) That facilities provided in such locality for board and/or meals to the public do not adequately meet such demand; and (iii.) That the accommodation prescribed under this Act for the licensed premises of any licensed victualler in such locality is not being utilised in full to provide board and/or meals for the public; and (iv.) That the utilisation in full of the accom- modation prescribed under this Act for such licensed premises will meet or assist in meeting such demand, the Commission may from time to time order such licensed victualler to provide upon or at his licensed premises board and/or meals for the public whether bona fide travellers or not. (2.) Every order made under this section by the Commission shall be in writing. Every such order shall have force and effect on and from the date of the service thereof upon the licensed victualler concerned or, if a later date is specified therein, on and from such later date and, except as hereinafter provided, shall remain in force until revoked by the Commission by notice in writing. (3.) An order made under this section shall not require a licensed victualler to provide board in excess of the accommodation available in the opinion of the Commission upon his licensed premises.

LIQUOR. 279 1945.· Liquor A.cts Amendment Act. The Commission may by such order require the licensed victualler to provide meals for such number of persons in addition to boarders as it shall think reasonable. The Commission may in any such order or in a subsequent notice in writing from time to time give such directions as it shall think necessary for ensuring due compliance with such order including in relation to (a) Board, the class of board, and the extent thereof to be provided ; (b) The classes of meals to be provided and the time during which any such class of meal is to be served to persons demanding the same; and (c) Both board and meals, the prices to be charged therefor in every case where such prices are not fixed by some other law. (4.) If the Commission is at any time during the subsistence of any such order or notice of opinion that the licensed victualler for the time being of the licensed premises in respect of which the order or notice was made or given has failed to comply with any such order or notice the Commission may forthwith and from time to time as it may in its discretion deem expedient by notice in writing to the licensed victualler and without first calling upon him to be heard suspend the operation of his license. The suspension in manner aforesaid of the operation ofa license shall continue until such suspension shall be removed by the Commission upon its being satisfied that the terms and conditions of every order or notice made under this section in relation to the premises in question will be complied with in fun. (5.) Any suspension of the operation of a licensed victualler's license under this section shall, during the period of suspension, operate as a cancellation of the license for all purposes of this Act and, without lImit to the generality of the foregoing provisions of this subsection, shall so operate without right to compensation in the holder thereof or in any other person." 24. Section seventy-one of the Principal Act is Repeal of repealed and the following section is inserte.d in lieu s a . n 7 d 1 n . ew thereof, namely:- " [71.] If during any day or time during which the ~ eizure of sale of liquor is prohibited any liquor is drawn or poured hquor. for sale, or sold to any person on any licensed premises, or

280 LIQUOR. LiquorActsAmendmentAct. 9 GEO. VI. No. 20, on the premises of any registered club or exempted club, or on the premises of a grower and maker of wine, or on a vessel the master of which is the holder of a packet license, any police officer may seize and take or cause to be seized and taken away any such liquor together with the vessel, utensil, or other package containing the same. In the case of a conviction for any offence under this Act in relation to any liquor so seized the court may, in addition to any other penalty, declare such liquor, and any vessel, utensil, or other package containing the same, to be forfeited." Repeal of 25. Section seventy-two of the Principal Act is ns.ew 72 sas. nd 72 repealed and the following sections, numbered seventy- and 72A. two and 72A, are inserted in lieu thereof, namely ; - Carrying "[72.] {1.} Any person who conveys or carries away lliiqceunosredfrom from any licensed premises or receives from any person premises at who is upon any licensed premises liquor in any bottle, ptirmohei.bit,ed vessel, or other package during any day or time during which the sale of liquor is prohibited shall be liable to a penalty of not more than ten pounds. (2.) No child under the age of sixteen years shall be convicted of an offence against this section if it is proved to the satisfaction of the court that such child was ordered or requested by some other person to obtain or conveyor receive liquor as aforesaid, but such other person shall be deemed to have committed such offence and shall be liable accordingly. ~ eizure of [72A.] (I.) Any police officer may at any time stop hqrorr II any person found, or whom he suspects to be, leaving ~~ : ~ Ua;ay any licensed premises with liquor in his possession or fprroemmI! sIeCse. nsed conveying or carrying away ' or whom he suspects to be conveying or carrying away, liquor in any bottle, vessel, or other package from any licensed premises or any person found with, or whom he suspects of having, liquor in his possession received from any person who was then upon such licensed premises during any day or time during which the sale of liquor is prohibited, and may search such person and interrogate him as to the contents of any bottle, vessel, or other package then in his possession, and may examine any such bottle, vessel, or other package, and may seize all liquor so found and the bottl~ vessel, or other package containing the same. In the case of a conviction under this Act in relation to any liquor so seized the court may, in addition to any penalty, declare such liquor and the bottle, vessel, or other package containing the same to be forfeited."

LIQUOR. 281 1945. Liquor Acts Am,endment Act. 26. Subsection three of section 78A of the Principal Amendment Act is amended by adding thereto the following of s. 7SA (3). paragraph, namely :- " The expiration, revocation, or modification of any Proclamation made under this section shall not affect any liability incurred under this Act prior to the date of such expiration, revocation, or, as the case may be, modification." 27. In paragraph (a) of section eighty-three of the Amendment Principal Act the words "the court or the principal of s. 83. officer of police stationed in the locality" are repealed and the words "the Commission" are inserted in lieu thereof. . 28. Section one hundred and nine of the Principal ~ e~ ~ ent Act is amended by the addition thereto of the following 0 s. . paragraph, namely :- "For the purposes of this section there shall be three descriptions of liquor, namely, beer, wine, and spirits, and all kinds or classes of beers, wines, or spirits shall respectively be deemed to be liquor of one and the same description." 29. Section one hundred and ten of .the Principal ~ e~ ~ ent Act is amended by repealing the word " or " where such 0 s. . word appears therein immediately after the word " registration." 30. Section one hundred and eleven of the Principal Afme~ ~ fent Act is amended by repealing therein all words from and 0 s. . including the words "shall be liable" to and including the word" certificate" (being the last word therein), and by inserting in lieu of such repealed words the words "shall be liable to the following penalties, that is to say:- (a) For the first offence to a penalty not exceeding one hundred pounds or to imprisonment with or without hard labour for any period not exceeding six months; (b) For the second and any subsequent offence to a penalty not exceeding two hundred pounds or to imprisonment with or without hard labour for any period not exceeding twelve months, and, by order of the court convicting him, he may be disqualified for any period (not exceeding five years for the first offence) from holding any license for the sale of

282 LIQUOR. LiquorActs Amendment Act. 9 GEO. VI. No. 20,1945. liquor, and moreover, the court may declare all liquor found in the possession of such offender and the vessels or other packages containing such liquor to be forfeited." Amendment 31. The ·first paragraph of subsection one of section ofs.132. one hundred and thirty-two of the Principal Act is amended by inserting the words "in respect of such premises or place" after the words "person not licensed" and also by repealing therein the words "officer of police" and by inserting, in lieu of' such repealed words, the words " police officer." Amendment 32. Section one hundred and fifty~ two of the of B. 152. Principal Act is amended by repealing the word." for" where such word appears therein immediately after the ,word" appeals" and by inserting in lieu of such repealed word the word " from." . , New 8.158.& 33. The following section is inserted after section inserted. one hundred and fifty-eight of the Principal Act, namely:- . "[158A.] (1.) Any police officer wh()--.,. (a) Finds any person committing or who reason- ably suspects any person of having committed an offence against this Act; or (b) Is making investigations with a View to establishing whether or not an offence against this Act has been committed by any person, may demand from such person his name and place of abode, and, if he has reasonable ground to suppose that the name or place of abode given is false, may require evidence of the correctness thereof. (2.) Any person required under this section to give his name and place of abode who fails to give the same, or who gives a false name or place of abode or gives false evidence with respect to such name and place of abode, shall be liable to a 'penalty not exceeding twenty pounds." ~ meU~ ( ~ ~ 34. The following paragraph is added to subsection o s. A • five of section 166A of the Principal Act, namely:- " In the case of a conviction under this section in relation to any liquor so seized the Court may, in addition to any other penalty, declare such liquor and the vessel, utensil, .or other package containing the same: to be forfeited."