Liquor Acts Amendment Act of 1952 (1 Eliz Ii No. 35) (Qld)

LIQUOR. 1 E liz . II. No. 35, 1952. Liquor Acts Amendment Act. LAW REFORM. See W rongs . 287 LIQUOR. An Act to Amend “The Liquor Acts, 1912 to 1948,” in certain particulars. [A ssented to 13 th N ovember , 1952.] 1 E liz . II. No. 35. T he L iquor A cts A mendment A ot of 1952. E it enacted by the Queen’s Most Excellent Majesty, B 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 short title Amendment Act of 1952,” and shall be read as one with construction. *“ The Liquor Acts, 1912 to 1948,” herein referred to as the Principal Act. The Principal Act and this Act may collectively Collective be cited as “ The Liquor Acts, 1912 to 1952.” tltle< 2. Subsection two of section six of the Principal Amendment Act is amended— of s'6 (a) By repealing in the first paragraph thereof the words and brackets “ (one of whom shall be a Judge of the Supreme Court or a member of the Industrial Court constituted under f“ The Industrial Conciliation and Arbitration Acts, 1932 to 1935,” who shall be chairman of the Commission) and ”. ( b) By inserting, after the first paragraph thereof, the following paragraph, namely :— “ The member thereunto designated by the Governor in Council shall be the chairman of the Commission. Such designation, if of a fresh appointee, may be set out in the instrument appointing him, but in that case or in the case of a member in office, the designation may be notified in the Gazette. ”* * 3 G. 5 No. 29 and amending Acts, f 23 G. 5 No. 36 and amending Acts.

288 LIQUOR. LiquorActsAmendmentAct. 1 E liz . II. No. 35, Amendment 3. Subsection two of section eight of the Principal °f s. 8. Act is repealed. Amendments 4. Section thirty-six of the Principal Act is ofs 36- amended— (a) By repealing in the first paragraph thereof the words “ subject to the provisions hereinafter contained from time to time (b) By inserting before the word “ Cancel ”, where • appearing in subparagraph (a) of the said first paragraph, the words “ Of its own motion (c) By repealing the proviso thereto (being the last paragraph thereof). (d) By renumbering the said section thirty-six as amended as aforesaid to be subsection one of section thirty-six. ( e) By adding to the said section as so renumbered the following subsection, namely :— “ (2.) The power of the Commission to cancel or accept the surrender of a license shall not be limited or prejudiced howsoever by the provisions of this Act relating to the removal of cancelled, surrendered or forfeited licenses, it being hereby declared that the matter of whether or not the Commission will or may either upon the cancellation or acceptance of the surrender of a license, or at any later time, remove the same to any other premises shall not be taken into considerationby the Commission in determining whether or not it will cancel or accept the surrender of the license.” Repeal of 5. Section thirty-nine of the Principal Act is repealed ^ng9new and, in lieu of that repealed section, the following section ’ ’ is inserted, namely :— Date when “ [39.~\ Where the Commission determines to cancel or^urrenderor f° accept the surrender of any license the Commission takes effect, shall fix a date on and from which that license shall be and be deemed to be cancelled or, as the case requires, surrendered, which date may be either the date of the determination or any later date.” Amendment 6. Section forty of the Principal Act is amended of s. 40 . by adding thereto the following proviso, namely :— “ Provided that, to the extent necessary to give operation and effect to the provisions of this Act relating to the removal of cancelled, surrendered or forfeited

LIQUOR. 289 1952. LiquorActsAmendmentAct. licenses, any and every such license shall, notwithstanding the cancellation, surrender or forfeiture thereof, be presumed to be a subsisting such license and (until duly vested in some person pursuant to the removal thereof under, subject to, and in accordance with the provisions of this Act) to be the absolute property of the Commission.” 7. The following section is inserted after section New s. 49 a forty-nine of the Principal Act, namely : — inserted. “ [49 a .] (1.) If, but only if, the Commission is satisfied Removal of that any licensed premises of a licensed victualler are no longer capable of meeting the convenience of the victuallers’ public (and in particular the travelling public) andhoenses' the requirements of the locality in which those premises are situated by reason that any road, railway, or navigable waterway in or in the neighbourhood of which those premises are situated has been diverted or otherwise re-routed, the Commission may, upon the application of the licensee or, where the licensee is not the owner of those licensed premises, upon the application of the licensee and such owner remove that license to such other premises in the same locality as will, having regard to the aforesaid diversion or re-routing, in the opinion of the Commission best meet the convenience of the public (particularly the travelling public) and the requirements of that locality. (2.) The Commission may refuse to grant such an application for removal and shall so refuse unless and until it is satisfied in every respect that the removal is authorised by the provisions of subsection one of this section. In removing a license under the authority of this section, the Commission shall not be bound by the application as respects the premises to which it removes that license or the accommodation and essential services to be provided in connection with those premises. (3.) Objections against the removal of a license under the authority of this section shall he as if that removal were under section forty-eight of this Act. Notice of any and every application under this section, excepting such an application which the Commission refuses to grant, shall be published at least twice in a newspaper circulating in the locality in which K

290 LIQUOR. LiquorActsAmendmentAct. 1 E liz . II. No. 35, the licensed premises the subject of the application are situated. That notice shall specify a place, day, and time where and when the Commission will hear and consider objections, if any, as aforesaid. That date shall be not earlier than four weeks after the first publication of such notice, and the Commission shall not remove the license or make with respect thereto the determination specified in subsection six of this section until on or after the day so notified and, if any objections as aforesaid are made before that day, it has heard and considered them. (4.) The provisions of subsection three of section forty-nine of this Act shall, with and subject to all necessary adaptations thereof, apply with respect to any and every application under this section and any and every applicant shall, in respect of his application, comply with those provisions as if his application were a tender under and for the purposes of the said section forty-nine. (5.) The Commission may determine the accommodation and essential services to be provided in connection with the premises for the removal whereto of a licensed victualler’s license an application is made under this section, but the Commission shall not grant such an application unless and until it is satisfied that the premises to which the license is to be removed, and the accommodation and essential services to be provided in connection therewith, are complete, in good order and condition and that, upon the removal of the license to those premises, the licensee will be able to commence forthwith to carry on thereon his business as such in a manner calculated to meet the convenience of the public and the requirements of the locality in question. (6.) The Commission may determine that it will remove the license conditionally on the applicant performing, within such period of time as the Commission shall fix, all the matters and things in respect whereof the Commission is required to be satisfied as hereinbefore provided in subsection five of this section. Such a determination shall not be effective to remove the license in question but upon such performance by the applicant within the period of time so fixed or, if the Commission shall extend that period (which it is

LIQUOR. 1952. LiquorActsAmendmentAct. hereby authorised to do), within any extension of that period allowed by the Commission, the Commission shall remove the license. The Commission may permit an applicant to remove the buildings erected upon or forming part of any licensed premises to the site to which the Commission has, pursuant to this subsection, determined that it will remove the license and in such case the applicant may, within the period of time fixed by the determination or any extension of that period allowed by the Commission, so remove such buildings for re-erection and re-erect the same on such site. During the period of such removal and re-erection the licensee shall not, as respects the licensed premises wherefrom the buildings are so permitted to be removed, be obligated to comply with the provisions of this Act with respect to the accommodation required. (7.) Every application under this section for the removal of a licensed victualler’s license shall describe the boundaries of the land which is proposed to be comprised in the new licensed premises. (8.) If the Commission grants an application under this section, the authority for removal shall be given by endorsement on the license, which endorsement shall be in or to the effect of the prescribed form. The description of the land comprised in the premises to which the license is removed shall be entered on the license and recorded in the register of licenses.” 291