Liquor Acts Amendment Act of 1954 (3 Eliz Ii No. 55) (Qld)

LIQUOR. 3 E liz . II. No. 55, 1954. Liquor Acts Amendment Act. 261 LIQUOR. An Act to Amend “The Liquor Acts, 1912 to 1952,” 3 g™^- in certain particulars, and for other purposes. L iquor . [A ssented to 21 st D ecember , 1954.] A mendment act of 1954. B E it enacted by the Queen’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. (1.) This Act may be cited as “ The Liquor short title. Acta Amendment Act of 1954.” (2.) *“ The Liquor Acts, 1912 to 1952,” are in this Principal Act referred to as the Principal Act. Act' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Liquor Acts, 1912 to 1954.” tltle‘ t(4.) This Act shall come into operation on a date Commence- to be fixed by the Governor in Council by Proclamation °f thl8 published in the Gazette. 2. Section one of the Principal Act is amended—Amendments (i.) By repealing in that paragraph thereof commencing with the words and figures “ P art III.—” the words “, R egistrations , and P ermits ” ; (ii.) By repealing in that paragraph thereof commencing with the words and figures “ P art V. — ” the words “ R egistered S pirit M erchants ” and by inserting, in lieu of those repealed words, the words “ L icensed S pirit M erchants ” ; and (iii.) By repealing that paragraph thereof commencing with the words and figures “ P art VI.—” and by inserting, in lieu of that repealed paragraph, the following paragraph :— “ P art VI.—L icensed C dtjbs ; ”. 3 Section four of the Principal Act is amended—Amendments (i.) By inserting in the definition of the term “ Australian Wine ” in that section after the word “ State ” the words “ or Territory ” ; ’ * 3 G. 5 No. 29 and amending Acts. f Commenced 14 Mar. 1955 (Proc. pubd. Gaz., 11 Mar. 1955, p. 921).

262 LIQUOR. LiquorActsAmendment Act. 3 E liz . II. No. 55, Distiller; registered distiller. License. Licensed premises. Licensed Victualler. Licensee; holder. (ii.) By repealing in the definition of the term “ Court ” in that section the words “ police magistrate ” and by inserting, in lieu of those repealed words, the words “ stipendiary magistrate ”, wherever occurring ; (iii.) By inserting after the definition of the term “ Court ” in that section, the following definition :— “ “ Distiller ”—A distiller of spirits : The term “ registered distiller ” means a distiller licensed under the *Distillation Act 1901-1950 of the Commonwealth (or any Commonwealth Act in amendment of or substitution for such Act) to distil spirits ; ” (iv.) By inserting after the definition of the term “ Inspector ” in that section, the following definition :— “ “ License ”—A license (including, in appropriate cases, every renewal thereof) of any description or kind, whether granted under this Act or any Act repealed by this Act, in force at any material time: Every endorsement upon or attaching to any license shall be regarded as forming part of that license ; ” ; (v.) By repealing the definition of the term “ Licensed Premises ” in that section and by inserting, in lieu of that repealed definition, the following definition:— “ “ Licensed premises ”—The premises in respect of which a license is granted ; ”; (vi.) By repealing the definition of the term “ Licensed Victualler ” in that section and by inserting, in lieu of that repealed definition, the following definition:— “ “ Licensed Victualler ”—The lawful holder at any material time of a licensed victualler’s license ; where necessary the term includes the person lawfully permitted to carry on the business of the licensed victualler ; ” ; (vii.) By repealing the definition of the term “ Licensee ” in that section and by inserting, in lieu of that repealed definition, the following definition :— “ “ Licensee ” or “ holder ”—In relation to a license, the lawful holder at any material time of that license, and, in relation to * No. 8 of 1901 and amending Acts of the Commonwealth.

LIQUOR. 263 1954. LiquorActsAmendmentAct. licensed premises, the person who in relation to the license in respect of those premises is the licensee ; where necessary the term includes the person lawfully permitted to carry on the business of the holder; ” ; (viii.) By repealing the definition of the term “ Minister ” in that section and by inserting, in lieu of that repealed definition, the following definition:— “ “ Minister ”—The Attorney-General or other Minister. Minister of the Crown charged for the time being with the administration of this Act; ” ; (ix.) By inserting after the definition of the term “ Package ” in that section the following definition :— “ “ Person ’’—Includes a body corporate ; ” ; Person. (x.) By repealing in that section the definitions of the terms “ Register of Members ” , “ Registered Club”, “ Secretary ”, “ Spirit Merchant ”, and “ Unregistered Club ” respectively; and (xi.) By repealing the definition of the term “ Wine-seller ” in that section and by inserting, in lieu of that repealed definition, the following definition :— ““Wine-seller”—The lawful holder at any Wme-seiier. material time of a wine-seller’s license; where necessary the term includes the person lawfully permitted to carry on the business of the wine-seller ; 4. Section five of the Principal Act is amended — Amendments (i.) By repealing subparagraph (/) of the first ° s' ' paragraph of that section ; (ii.) By repealing subparagraph (h) of the first paragraph of that section and by inserting, in lieu of that repealed subparagraph, the following subparagraphs:— “ (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 by or under this Act to sell the same liquor ; or By order of a trustee in bankruptcy of a bankrupt’s estate or of a person holding property in trust under any composition or scheme of arrangement under Division 5

264 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, of Part IV., or composition, scheme of arrangement, or assignment under Part XI., or deed of arrangement under Part XII. respectively of the *Bankruptcy Act 1924-1950 of the Commonwealth (including any enactment of the Commonwealth in amendment of or in substitution for any of those provisions), liquor the property of the estate of that bankrupt or being property held in trust as aforesaid by the person ordering the sale by auction thereof; or By order of the executor, administrator, or trustee of the estate of a deceased person, liquor the property of the estate of that deceased person; or By order of the Public Curator of Queensland, liquor the property of an estate in course of administration by the said Curator ; or ” ; and (iii.) By adding to that section the following subparagraph and paragraphs :— “ or (iii.) To cases where, at the meetings of any association, society, or club bond fide formed for and engaged in legitimately holding or carrying out literary or musical entertainments, or friendly society, charitable, or lodge purposes, or outdoor games and exercises, or agricultural or pastoral shows, the refreshments supplied to members and their guests at the expense of the association, society, or club, include liquor; or (iv.) To the sale of liquor in a canteen at any industrial undertaking or works where the sale of that liquor in that canteen is made by or on behalf of a person permitted in writing by the Commission to sell that liquor at that canteen and otherwise in compliance in every respect with the provisions, conditions, and restrictions of that permit or to the drinking or consumption in that canteen of that liquor. '|No. 37 of 1934 and amending Acts of the Commonwealth.

LIQUOR. 265 1954. LiquorActsAmendmentAct. The Commission may from time to time grant permits for the purposes of subparagraph (6) of the first paragraph, and of subparagraph (iv.) of the second paragraph, respectively of this section, and, in every case may grant the permit to such person and for such period of time as it thinks fit, and every such permit shall be granted subject to such provisions, conditions, and restrictions as may be prescribed and, in so far as not prescribed, as the Commission may specify therein, and the Commission may at any time and without assigning any reason, revoke any such permit: Provided that, but without prejudice to the validity of, and enforcement of this Act upon, that revocation, notice in writing of the intention to revoke such a permit shall wherever possible be served on the permittee. Before granting a permit for the purposes of subparagraph (iv.) of the second paragraph of this section, the Commission shall take into consideration the location of the industrial undertaking or works concerned relative to any licensed victualler’s premises.”. 5. Subsection four of section six of the Principal Amendment Act is amended by adding thereto the following ofs. 6 (4). paragraph, namely :— “At a meeting of the Commission two members or one member and the duly appointed deputy for another shall constitute a quorum.”. 6 . Section seven of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that and new s. 7. repealed section:— “ [7.] The Commission— Functions, &c., of (i.) Except where otherwise expressly provided, Licensing shall be charged with— Commission. (а) The granting and refusal of licenses under this Act of the various descriptions and kinds ; (б) The granting and refusal of applications under this Act in relation to licenses then existing; (c) For the purpose of better serving the convenience of the public in, and meeting the requirements of, any and every locality, the distribution of licenses ; and

266 LIQUOB. LiquorActsAmendmentAct. 3 E liz . II. No. 55, (d) The regulation and control of licensees and licensed premises; and (ii.) Shall have such other functions, powers, authorities, and. jurisdictions and such other liabilities, duties, obligations, and responsibilities as are conferred or imposed upon it by this Act.”. Amendments of s. 8. 7. Section eight of the Principal Act is amended— (i.) By repealing in the first paragraph of subsection one of that section the words “ The functions ” and by inserting, in lieu of those repealed words, the words . “ Subject to subsection two of this section, the functions ” ; (ii.) By inserting after subsection one of that section the following subsection :— Power of “ (2.) (a) The Governor in Council may at any i!councTrtime rescind any determination or order of the to rescind Commission and may, in relation to any such rescission, giye such directions to the Commission as to him seems orders of the meet. Commission. (b) Every determination or order of the Commission rescinded by the Governor in Council shall be absolutely void as from the making of the determination or order as if it had not been made.” ; (iii.) By repealing in the first paragraph of subsection four of that section the words “ or the premises of any registered club or of any club or association which holds a permit ” and by inserting, in lieu of those repealed words, the words, “ or any premises in respect of which any permit is granted and in force ” ; and (iv.) By repealing in the last paragraph of subsection four of that section the words “ a club or association then such club or association ” and by inserting, in lieu of those repealed words, the words “ a permit under this Act then the permittee ”. Amendment 8. Subsection one of section nine of the Principal of s. 9 (1). Act is amended by repealing in the second paragraph thereof the words “ police magistrate ” and by inserting, in lieu of those repealed words, the words “ stipendiary magistrate or the justice or any of the justices ”.

LIQUOR 267 1954. LiquorActsAmendmentAct. 9. Subsection two of section eleven of the Principal A?ieii<lI“®'lts Act is amended- (i.) By repealing therein the words “ and holders of certificates of registration ” ; (ii.) By repealing therein the words “ or certificates ” where such words twice occur ; (iii.) By repealing therein the words “ or certificate ” where such words twice occur ; and (iv.) By repealing therein the words “ or certificates of registration ”. 10. Section thirteen of the Principal Act is Amendments amended— of 13- (i.) By repealing in subsection one thereof the words “ record of applications or ” ; (ii.) By repealing subsection two thereof; and (iii.) By renumbering subsection one thereof as the said section thirteen. 11. (1-) Section fourteen of the Principal Act is Repeal of repealed and, lieu of that repealed section, the following sj^i sections are inserted, namely : — 14 b , and i4c. “ [14.1 (!•) The Governor in Council may from time inspectors, to time appoint such and so many inspectors as he deems necessary for the effectual administration of this Act. Subject to subsection two of this section, inspectors shall be appointed and hold their respective offices under, subject to, and in accordance with *“ The Public Service Acts, 1922 to 1953.” (2.) Every police officer of the rank of inspector or sub-inspector or who for the time being is in charge of a police station shall, by virtue of his office and without further or other appointment, be deemed to be appointed under and for the purposes of this Act an inspector. (3.) Any and every inspector shall do, exercise, and perform all such functions and duties as are prescribed to be done, exercised, and performed by an inspector or as are required or directed by the Commission to be done, exercised, or performed by him, and generally shall make all such investigations and do and take all such things and steps as are directed or required by the Commission to be done or taken by him, or as are necessary * 13 G. 5 No. 31 and amending Acts.

268 LIQUOR. LiquorActsAmendmentAct . 3 E liz . II. No. 55, for informing him of the manner in which any licensed premises or any premises in respect of which any permit under this Act is in force are conducted and kept, and whether in relation to such premises, the sale or supplying or consumption of liquor, the provision of any accommodation, or the supplying or carrying on of any service thereon, the provisions of this Act and of any orders under this Act have been and are being observed. Powers of Inspectors. [14 A.] Any inspector may at any time— (i.) Enter, inspect and examine the premises of any brewer, distiller, any licensed premises, or any premises in respect whereof any permit under this Act is in force : (ii.) Call to his aid— (a) Any police officer where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties ; (b) Any person he may think competent to assist him in such inspection and examination; (iii.) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with in respect of the sale, supplying, or consumption of any liquor, the provision of any accommodation, or the supplying or carrying out of any service supplied or carried out for any purpose of or connected with the sale, supplying, or consumption of any liquor or the providing of any accommodation; (iv.) Question, with respect to matters under this Act, any brewer, distiller, any licensee, any holder of a permit under this Act, the owner of any premises specified in paragraph (i.) of this section, every person whom he finds in any such premises, and every person who has been within the preceding six months employed in any such premises to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers ;

LIQUOR. 269 1954. LiquorActsAmendmentAct. (v.) Require the production of any license or of any permit under this Act or of any book, notice, record, list, or writing which by this Act is required to be kept or exhibited, and inspect, examine, and take copies of or extracts from the same ; and (vi.) Exercise such other powers and authorities as may be prescribed. [14 b .] Any and every brewer, distiller, licensee, or Entry and holder of a permit under this Act shall furnish to any b^iiow^*0 inspector all reasonable assistance and all such information which the former is capable of furnishing as is required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act in relation to the premises in question or, as the case may be, the sale, supplying, or consuming of liquor thereon, the provision of accommodation thereon, or the supplying or carrying on of any service for any purpose of or connected with the sale, supplying, or consuming of liquor or the provision of accommodation thereon. [14c.] A person shall not— obstructing ...... • i . .an inspector, (i.) Assault, resist, or obstruct an inspector m&c. the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do ; or (ii.) Fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question; or (iii.) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector ; or (iv.) When required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or (v.) Fail, without reasonable excuse the proof whereof shall lie upon him, to produce any license or permit under this Act, or any book, notice, record, list, document, or writing which he is required under this Act by an inspector to produce, or fail to allow an

270 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, inspector to take a copy of or extract from any such book, notice, record, list, document, or writing ; or (vi.) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or (vii.) Use any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning : Provided that no person shall be required under this section or under section 14 a or section 14 b of this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself. In this section the term “ inspector ” includes any person acting under lawful authority under or pursuant to this Act.”. (2.) The repeal of section fourteen of the Principal Act and the substitution of provisions in lieu thereof by subsection one of this section shall not prejudice or otherwise affect appointments made before and subsisting immediately prior to the commencement of this Act of persons to be or to act temporarily as inspectors, and without further or other appointment, every person as aforementioned shall continue to hold office as an inspector or, as the case may be, acting inspector in terms of his appointment thereto as made and subsisting immediately prior to the commencement of this Act as if such appointment had been made after the commencement of this Act. Amendment 12. The head-note to section fifteen of the Principal to s T ia . n°te Act is amended by repealing therein the words “, R egistrations , and P ermits ”. Amendment 13, Paragraph (9) of section fifteen of the Principal of s. 15. Act is repealed. Repeal of and^new Licenses. 14. Section sixteen of the Principal Act is repealed an(j the following section is inserted in lieu of that repealed section :— 6 ‘ [^.] (l.) Licenses may be granted under this Act of the several descriptions following, namely :— (a) A licensed victuallers’ license ; (b) A wine-sellers’ license ;

LIQUOK. 1954. Liquor ActsAmendmentAct. (c) A packet license ; (d) A spirit merchants’ license ; (e) A club license of any of the several kinds prescribed; {/) A booth license ; (g) A bottlers’ license ; (h) A billiard license or a bagatelle license ; (i) A railway refreshment room license. (2.) For the purpose of a bagatelle license, the term “ bagatelle ” includes bagatelle and every similar game. (3.) (a) All licensed victuallers’ licenses, wine-sellers’ licenses, packet licenses, bottlers’ licenses, billiard licenses, and bagatelle licenses held under *“ The Liquor Acts, 1912 to 1952,” in force immediately prior to the commencement of The Liquor Acts Amendment Act of 1954,” shall continue under and subject to *“ The Liquor Acts, 1912 to 1954.” (6) Each and every certificate of registration as a spirit merchant under *“ The Liquor Acts, 1912 to 1952,” in force immediately prior to the commencement of f“ The Liquor Acts Amendment Act of 1954,” shall be deemed to be and shall continue as a spirit merchant’s license under and subject to *“ The Liquor Acts, 1912 to 1954.” (c) Each and every booth authority granted under *“ The Liquor Acts, 1912 to 1952,” for a period or a part of a period subsequent to the commencement of f“ The Liquor Acts Amendment Act of 1954,” shall be deemed to be and shall continue as a booth license under and subject to *“ The Liquor Acts, 1912 to 1954,” for the period or, as the case may be, part of the period for which, and subject to the conditions and provisions imposed by the court by which, it was granted. (d) Every reference in every Act to— (i.) A certificate of registration as a spirit merchant or a registration as a spirit merchant or a registered spirit merchant; or (ii.) A certificate of registration as a club or a club registration, or a permit for an outdoor club or association exempted from registration as a club, or a permitted or exempted club; or * 3 G. V. No. 29 and amending Acts. | This Act. 271

272 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, (iii.) A booth authority, under this Act shall, upon the commencement of *“ The Liquor Acts Amendment Act of 1954,” and unless the context otherwise indicates or requires, he deemed a reference, according as the case requires, construed as to— (iv.) A spirit merchant’s license or a licensed spirit merchant; or (v.) A club license of the appropriate kind or a licensed club ; or (vi.) A booth license, under this Act. (e) Nothing in this subsection contained shall be deemed to exempt any license, registration, or permit in this subsection referred to from forfeiture or suspension for any cause for which the same may be forfeited prior to the commencement of *“ The Liquor Acts Amendment Act of 1954 New s. 16 a 15. The following section is inserted after section inserted. sixteen of the Principal Act, namely :— When “ [-76 a .] Notwithstanding any other provision of mCoamymisissuseion this Act, the Commission may issue a fresh document fcdrooemcshupmriesinntg ccaosmepwrihseinreg thaeleicxeinstsiengosrucpherdmocitumunednetristahlitsereAdc, tdeinfacaendy, aorlipceernmseit. mutilated, damaged, or partly destroyed. Such a fresh document shall not be issued unless and until the existing such document is delivered up to or is otherwise in the possession of the Commission and the Commission shall keep and retain in its records any document as aforesaid in place whereof it has issued such a fresh document. The Commission may omit from the fresh document such endorsements upon or attaching to the document, in place whereof it is issued, as it considers may be omitted without prejudice to the enforcement of this Act. A fee may be prescribed to be payable to the Commission in respect of the issue of a fresh document as aforesaid, and in that event the Commission shall require the amount of that fee to be paid to it before it issues the fresh document.” * This Act.

LIQUOR. 273 1954. LiquorActsAmendmentAct. 16. (1.) Section eighteen of the Principal Act is Amendments ii Ol S* lOt amended— (i.) By repealing subsection one of that section and by inserting, in lieu of that repealed subsection, the following subsection :— “(1.) The fees which shall be charged, levied, Annual fees, collected, and paid annually for the following licenses under this Act shall be respectively :— (i.) For every licensed victualler’s license and every wine-seller’s license—a sum equal to four per centum of the gross amount (including all duties and other charges whatsoever thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises ; (ii.) For every packet license—ten pounds for every two hundred tons or part of two hundred tons of the registered tonnage of the vessel but not exceeding forty pounds ; (iii.) For every spirit merchant’s license—one hundred and twenty-five pounds, and, in addition, a further sum equal to four per centum of the gross amount (including all duties thereon) paid or payable to the licensee for all liquor which during the twelve months ended on the last day of June in the preceding year was sold or otherwise disposed of under such spirit merchant’s license to persons other than persons licensed, at the time of the sale or disposal otherwise, under this Act to sell liquor ; (iv.) For a club license—a sum equal to four per centum of the gross amount (including all duties and other charges whatsoever thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises ; (v.) For every bottler’s license—seven pounds ten shillings ;

274 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 56, (vi.) For a billiard license or a bagatelle license— ten pounds for each and every billiard or bagatelle table.”. (ii.) By repealing in subsection two of that section the words “ two and one-half per centum ” and by inserting, in lieu of those repealed words, the words “ four per centum ” ; also by repealing in that subsection two the words “ to sell liquor and other than to registered clubs or exempted clubs ” and by inserting, in lieu of those repealed words, the words “, at the time of the sale or disposal otherwise, to sell liquor ” ; (iii.) By repealing in subsection three of that section the words “ registered spirit merchant ” and by inserting, in lieu of those repealed words, the words “ licensed spirit merchant ” where such words twice occur; also by repealing in that subsection three the words “ to sell liquor or to persons other than registered clubs or exempted clubs ” and by inserting, in lieu of those repealed words, the words “ , at the time of the sale or disposal, to sell liquor ” ; (iv.) By repealing the first and second paragraphs of subsection four of that section and by inserting, in lieu of those repealed paragraphs, the following paragraphs :— “ For the purpose of enabling the Commission to assess the annual fees payable under this section, every registered brewer, licensed victualler, wine-seller, licensed spirit merchant, and licensed club shall, not later than the thirty-first day of August in each and every year, make, and if so prescribed, as prescribed, to the Commission in the prescribed form, or a form to the like effect, containing the prescribed information, a return in respect of all liquor purchased or otherwise obtained for his licensed premises, or, according as the return requires from the class of licensees to which he belongs, sold or otherwise disposed of to persons other than persons licensed under this Act, at the time of the sale or disposal otherwise, to sell liquor. Every such return shall contain such information as may be prescribed, and the Commission may from time to time require such further information to be supplied as it deems necessary. Different returns may be prescribed for different classes of licensees.

LIQUOR. 1954. LiquorActsAmendmentAct. A person to whom this subsection applies, who fails, within the time and otherwise as prescribed, to make a return complying with the provisions of this Act in that behalf in every respect, shall be liable to a penalty of not less than ten pounds nor more than one hundred pounds.”. (v.) By adding to subsection four of that section the following paragraphs :— “ Every return as aforesaid shall, unless the Commission otherwise orders, contain or he accompanied by a certificate in the prescribed form by a person who has audited the books, accounts and records of the business to which the return relates certifying that the information contained in the return is correct according to such audit. In the case of a licensed club failing to make any return required by this subsection within the prescribed time, each and every member of the committee of management or other governing body thereof, by whatever name called, shall be liable to the penalty prescribed by this section.”. (vi.) By inserting in paragraph (i.) of subsection five of that section after the word “ assessed ” the words “ or fixed ” ; (vii.) By repealing in paragraph (iii.) of subsection five of that section the words “ certificate of registration, or permit ” where such words twice occur; and by repealing in that paragraph (iii.) the words “ or holder of the certificate of registration or permit ” ; (viii.) By repealing in subsection seven of that section the words “ the clerk of petty sessions for the district ” and by inserting, in lieu of those repealed words, the words “ the clerk of petty sessions at a place appointed for holding courts of petty sessions in the district ”; by repealing in that subsection seven the words “ two hundred pounds ” and by inserting, in lieu of those repealed words the words “ six hundred pounds ” ; by repealing in that subsection the words “ the amount of any annual license, registration, or permit fee which pursuant to this section is a fixed sum ” and by inserting, in lieu of those repealed words, the words “ , in the case of every license in respect of which a fixed annual fee is payable, the annual fee ” ; and by 275

276 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, repealing in that subsection the words “ or holder of the registration or permit ”, and “, registration, or permit ” respectively ; and (ix.) By repealing subsection nine of that section. (2.) The amendments to subsections one and two of section eighteen of the Principal Act made by subsection one of this section shall apply in respect of annual fees payable for the year to commence on the first day of July, one thousand nine hundred and fifty-five and with respect to the annual fees payable for each and every year thereafter, and in respect of annual fees payable for the year commenced on the first day of July, one thousand nine hundred and fifty-four, the provisions of those subsections as in force immediately prior to the commencement of *“ The Liquor Acts Amendment Act of 1954,” shall continue to apply in relation to registered brewers, licensed victuallers’ licenses, wine-sellers’ licenses, licensed clubs, packet licenses, billiard licenses, bagatelle licenses, bottlers’ licenses, and licensed spirit merchants. Notwithstanding the repeal by subsection one of this section of subsection nine of section eighteen of the Principal Act, fees as prescribed by that repealed subsection shall continue to be payable in respect of the matters therein specified until fresh fees for those matters are prescribed by the regulations. Amendments of s. 18 a (i). 17. Subsection one of section 18 a of the Principal js amended — (i.) By repealing in paragraph (i.) thereof the word “ forty-six ” and by inserting, in lieu of that repealed word, the word “ fifty-five ” ; and (ii.) By repealing in the said paragraph (i.) the word “ one-sixth ” and by inserting, in lieu of that repealed word, the word “ one-fourth ”. Amendments 18. Section nineteen of the Principal Act is ofs‘19‘ amended— (i.) By repealing the third and fourth paragraphs thereof and by inserting, in lieu of those repealed paragraphs, the following paragraphs :— “ The power to prescribe accommodation shall include power to prescribe different accommodation in * This Act.

LIQUOR. 1954. LiquorActsAmendmentAct. relation to licensed victualler’s premises or wine-seller’s premises respectively according to locality, class or description as prescribed, or otherwise as prescribed. Notwithstanding anything contained in this Act, the Commission upon being satisfied that additional accommodation, or additional essential services, or both, are required in connection with any such licensed premises, may order the owner, or the licensee, or both of them, to provide, within a time to be specified in that order, that additional accommodation, or those additional essential services, or both that additional accommodation and those additional essential services. For the purposes of this Act and without limiting the effect of the preceding paragraphs or the meaning of the terms “ accommodation ” and “ essential services ” the Commission may by order require the provision of sitting rooms, sleeping rooms, facilities for the consumption of liquor at tables in lounges, in gardens, under awnings, or in the open air, the provision of a bottle department, the provision of bath facilities, the installation of a water storage system in cases where a water supply service is not in the opinion of the Commission available, and the provision of ventilation, cooling, heating, fighting, cooking equipment, and other necessities and of closets, privies, and other sanitary necessities.” ; (ii.) By renumbering that section as so amended subsection one of the said section ; (iii.) By adding to that section as so renumbered the following subsections :— “ (2.) Without limiting the power to make regulations, regulations may be made prohibiting or restricting the screening, partitioning, seclusion, or segregation of persons consuming liquor on licensed premises of any class whatsoever. The power to make such regulations shall include power to make regulations with respect to all or any classes of licensed premises, and to make different regulations in respect of the different classes or in respect of licensed premises of the same class, and to make regulations according to locality, in relation to all or any parts of licensed premises, or in relation to either the screening of persons consuming liquor from one another or from the general public or to both. 277

278 LIQUOR. Liquor ActsAmendmentAct. 3 E liz . II. No. 55, (3.) The powers of the Commission under this section shall include power to issue orders from time to time in respect of one and the same licensed premises. Subject to section 47 b of this Act the Commission, upon being satisfied that an order as aforesaid has not been complied with, may forfeit the license in respect of the licensed premises in question.”. Amendment J 9. Section twenty-one of the Principal Act is ° s' ‘ amended by repealing therein the words “ certificate of any registered spirit merchant or registered club ” and by inserting, in lieu of those repealed words, the words “ premises of any licensed spirit merchant, or licensed club.”. Armeo^ment8 20. Section twenty-two of the Principal Act is amended— (i.) By repealing therein the words “ or registration of a spirit merchant ” wherever occurring ; (ii.) By repealing subparagraphs (ii.), (iii.), and (iv.) of the first paragraph of subsection one thereof and by inserting, in lieu of those repealed subparagraphs, the following subparagraphs “ (ii.) A police officer or a bailiff or the spouse of a police officer or a bailiff ; (iii.) A licensed auctioneer, a licensed commission agent, or a partner or spouse of a licensed auctioneer or of a licensed commission agent; (iv.) A brewer or distiller or the spouse of a brewer or distiller.” ; (iii.) By repealing in subsection one thereof the words “ registered spirit merchant or the wife of a registered spirit merchant ” and by inserting, in lieu of those repealed words, the words “ licensed spirit merchant or the spouse of a licensed spirit merchant ” ; also by repealing in that subsection one the words “ in the case of a certificate of registration as a spirit merchant ” and by inserting, in lieu of those repealed words, the words “ or commission agent, or spouse of a commission agent, in the case of a spirit merchant’s license ” ;

LIQUOR. 1954. Liquor ActsAmendmentAct. (iv.) By repealing the first paragraph of subsection two thereof and by inserting, in lieu of that repealed paragraph, the following paragraph :—• “ No licensed victualler’s license or wine-seller’s license or spirit merchant’s license shall be held in respect of any premises of which any police officer, bailiff, licensed auctioneer, licensed commission agent, partner of a licensed auctioneer or licensed commission agent, or the spouse of any of the aforesaid persons, is owner or wherein he or she is directly or indirectly interested : ” ; (v.) By repealing in the proviso to the first paragraph of subsection two thereof the words “ or the wife of either of them ” and by inserting, in lieu of those repealed words, the words “ or a licensed commission agent or his partner, or the spouse of any of them ” ; (vi.) By adding to the last paragraph of subsection two thereof the words “ or a licensed commission agent ” ; (vii.) By repealing in subsection three thereof the words “ or registration of spirit merchant ” ; and by repealing in that subsection three the words “ or registration of spirit merchant ” ; (viii.) By repealing in subsection five thereof the words “ or holder of a certificate of registration ” ; by repealing in that subsection the words “ or holder of a certificate ” ; and by repealing in that subsection the words “ or certificate ” ; and (ix.) By adding to that section the following subsection:— “ (6.) Notwithstanding anything contained in this Act, the Commission may, by notice in writing, call upon a licensee to satisfy it that no one of the following persons has any beneficial interest whatsoever in the license in question or in the premises thereby licensed, that is to say any person who is unfit to hold a license under this Act, or who is disqualified by or under this Act from holding such a license or to whom the Commission has refused such a license. If, when called upon as aforesaid, a licensee fails, within the time specified in the notice so calling upon him and such extension, if any, of that time as may be granted by the Commission, to satisfy the Commission that no person as aforesaid holds any beneficial interest whatsoever in the license or, as the case may be, licensed 279

280 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, premises in question, the Commission may forfeit the license and for that purpose the provisions of section 47 b of this Act, with all necessary adaptations, shall extend accordingly. Forfeiture as aforesaid may, in the case of a license held by the licensee in the capacity of owner of the premises thereby licensed, be imposed both in respect of the licensee and those premises.”. Amendments of s. 22 a . 21. Section 22 a of the Principal Act is amended— - . . r (i.) By repealing in subsection one thereof the words “ or certificate of registration as a spirit merchant ” and by inserting, in lieu of those repealed words, the words “ or spirit merchant’s license ” ; by repealing in that said subsection the words “ or holder of such certificate ” ; also by repealing in that subsection the words “ or such certificate ” ; (ii.) By repealing in that section the words “ or certificate ” wherever occurring ; (iii.) By repealing in that section the words “ or certificate of registration ” wherever occurring ; (iv.) By repealing in that section the words “ or holder ” wherever occurring. Repeal of “n 23 new Booth licenses. 22. Section twenty-three of the Principal Act is repealed and the following section is inserted in lieu of that repealed section :— “ [2<3.] (1.) Booth licenses in the prescribed form or a form the like effect may be granted at any time by the court and shall authorise the licensee to sell and supply liquor at any public, industrial, artistic, scientific, agricultural, horticultural, or pastoral exhibition or show, or at any show ground, or at any race meeting, coursing, regatta, cricket, football, or rifle match, athletic or other sports, encampment, fair, horse, cattle, sheep, or pig sale, bazaar, or lawful place of public amusement, and on a particular day or days and during the period or periods to be specified in the license. (2.) The court shall not grant a booth license to an applicant who is not a licensed victualler unless the court is satisfied— (i.) That the booth license should be granted for the convenience of the public ; and

LIQUOR. 1954. LiquorActsAmendmentAct. (ii.) That with respect to the conducting of the booth for which the license is applied for, no licensed victualler is willing to enter into arrangements which in the opinion of the court are fair and equitable both to himself and to the person or body or association of persons conducting the exhibition, show, race meeting, coursing, regatta, cricket, football, or rifle match, athletic or other sports, encampment, fair, horse, cattle, sheep, or pig sale, or bazaar, or having, for the time being, the care, management, supervision, or control of the show ground or lawful place of public amusement, in respect of which the booth license is applied for. Moreover the court shall not grant a booth license in any case to a person who is disqualified by or under this Act from holding a license. (3.) Every such license shall be subject to such conditions and provisions as may be imposed by the court by which it is granted. (4.) An application for a booth license may be made by any person, whether the holder of any existing license under this Act or not. Notice of every such application shall be given to an inspector at least two clear days before it is made to the court. (5.) The court shall hear any objection made by an inspector or any other person to the granting of such license, at the time when the application is made to the court. (6.) (a) The fees payable in respect of the grant of every booth license shall be as prescribed. Different fees may be prescribed in respect of the grant of booth licenses according to the different parts of the State wherein those premises in respect of which the booth licenses are granted, are situate. (b) In addition to the fees payable under paragraph (a) of this subsection, there shall be charged, levied, collected, and paid in respect of every booth license granted under this Act a sum equal to four per centum of the gross amount (including all duties and other charges 281

282 LIQUOR Liquor Acts Amendment Act. 3 E liz . II. No. 55, whatsoever thereon) paid or payable for or in respect of all liquor which was purchased or otherwise obtained for sale or disposal otherwise under that license. For the purposes of enabling the Commission to assess the fees payable under this subsection in respect of any and every booth license— (i.) The clerk of petty sessions at the place where the sittings of the court by which the booth license is granted were held, shall upon the granting of that license forward forthwith a copy of the license to the Commission ; and (ii.) The person to whom the booth license is granted shall within seven days (or within such longer period as may be prescribed by the regulations) of the particular day, or, if the license is granted for more than one day, of the last day of the particular days in respect of which the license is granted, make, and if so prescribed, as prescribed, to the Commission in the prescribed form, or a form to the like effect, containing the prescribed information, a return in respect of all liquor purchased or otherwise obtained for sale or disposal otherwise under that license. The provisions of subsections four, five, six, and seven of section eighteen of this Act, with all necessary adaptations thereof, shall extend for the purposes of this subsection. (7.) Without limiting the power to make under this Act regulations, the regulations may prescribe all such matters and things as the Governor in Council deems necessary or expedient with respect to providing for, regulating, and controlling the drinking or consumption of liquor in or in the vicinity of any premises, place, or ground in respect whereof a booth license may be granted under this section including, but without limit to the generality of the foregoing provisions of this subsection, prohibiting the drinking or consumption of liquor (whether liquor supplied by the holder of a booth license or not) in any defined part of such a premises, place, or ground or therein elsewhere than in such a defined part thereof.”.

LIQUOR. 283 1954. Liquor ActsAmendment Act. 23. Section twenty-four of the Principal Act is ^ei^|ment amended by adding thereto the following subsection :— 0 s' ' “ (7.) The Commission may at any time forfeit any packet license upon such grounds as it deems sufficient, and for that purpose the provisions of section 47 b of this Act, with all necessary adaptations, shall extend accordingly.”. 24. Section twenty-five of the Principal Act is Amendments amended— (i.) By repealing in subsection one thereof the words “ a registered spirit merchant ” and by inserting, in lieu of those repealed words, the words “ a licensed spirit merchant ” ; (ii.) By repealing in subsection one thereof the words “ application for registration ” and by inserting, in lieu of those repealed words, the words “ application for a bottler’s license ” ; (iii.) By adding to the last paragraph of subsection one thereof the words “ and the holder of a bottler’s license who fails to furnish, as required herein, any such notice shall be guilty of an offence against this Act ” ; and (iv.) By repealing in subsection two thereof the word “ registered ” and by inserting, in lieu of that repealed word, the word “ licensed ”. 25. Subsection four of section twenty-six of the Ap® Principal Act is amended by repealing the word0 s' “ certifies ” and by inserting, in lieu of that repealed word, the word “ satisfies ”. ' 26. Section twenty-seven of the Principal Act is Amendments amended— ’ ‘ (i.) By repealing in subsection one thereof the words “A certificate of registration as a spirit merchant ” and by inserting, in lieu of those repealed words, the words “A spirit merchant’s license ” ; by repealing in the said subsection the words “ such certificate ” and by inserting, in lieu of those repealed words, the words “ such a license ” ; also by repealing in that subsection the words “ such registration ” and by inserting, in lieu of those repealed words, the words “ obtaining such a license ” ; and

284 LIQUOR. LiquorActsAmendmentAct. 3 Buz. II. No. 55, (ii.) By repealing in subsection two of that section the words “ certificate of registration ” and by inserting, in lieu of those repealed words, the words “ spirit merchant’s license ” ; also by repealing in that subsection the words “ such certificate ” and by inserting, in lieu of those repealed words, the words “ such license Repeal of 27. Section twenty-eight of the Principal Act is s*28' repealed. Amendments 28. Section twentv-nine of the Principal Act is of8-29- amended— " (i.) By repealing in subsection one thereof the words “ or registered spirit merchant ” ; (ii.) By repealing in that section the words “ or certificate of registration ”, wherever occurring ; (iii.) By repealing in subsection two thereof the words “ora certificate of registration ” ; (iv.) By repealing in subsection three thereof the words “ the Treasurerand clerk of petty sessions of the district concerned ” and by inserting, in lieu of those repealed words, the words “ the clerk of petty sessions at the principal place appointed for the holding of courts of petty sessions in the district concerned ” ; (v.) By adding to subsection five thereof the words “ and shall be subject to all the duties and obligations imposed on his transferor by any order of the Commission to the extent to which that order is unexecuted ” ; and (vi.) By repealing in subsection six thereof the words “, as the case may be”. afs^o”1611* 29. Section thirty of the Principal Act is amended ° s' ' by adding thereto the following paragraph, namely :— “ Where the owner or a qualified nominee of the owner is the applicant for an order under this section the Commission may, notwithstanding the non-production of the license, upon being satisfied that the owner is entitled to possession of the licensed premises, grant to that owner or, subject to the owner so requesting, to that qualified nominee a special certificate of transfer of that license in such form as the Commission thinks applicable.”.

1954. LIQUOR. LiquorActsAmendmentAct. 285 30. Section thirty-three of the Principal Act is Amendments amend - ed - - of s. 33. (i.) By repealing therein the words “ or holder of a certificate of registration ” wherever occurring; (ii.) By repealing therein the words “ or certificate ” wherever occurring ; (iii.) By repealing in subsection two thereof the word “ wife ” and by inserting, in lieu of that repealed word, the word “ spouse”, where such word twice occurs; and (iv.) By repealing in subsection four thereof the words “ or certificate of registration ”. 31. Section thirty-four of the Principal Act ig Amendments amended— of s. 34. (i.) By repealing therein the words “ or certificate of registration ” wherever occurring ; (ii.) By repealing in the first paragraph thereof the words “ certificate of registration or ” ; and (iii.) By repealing in the second paragraph thereof the words “ for the district ” and by inserting, in lieu of those repealed words, the words “ at the principal place appointed for the holding of courts of petty sessions in the district ”; and by repealing in that second paragraph the words “ , permit, or certificate ” and by inserting, in lieu of those repealed words, the words “ or permit ”. 32. Section thirty-five of the Principal Act is Amendments amended— os. . (i.) By repealing therein the word “ registered ” and by inserting, in lieu of that repealed word, the word “ licensed ” wherever occurring ; (ii.) By repealing in the first paragraph thereof the words “ under the authority of a certificate of change of premises from ” and by inserting, in lieu of those repealed words, the words “ where authority so to do is given by ” ; and (iii.) By repealing in the last paragraph thereof the words “ certificate or ”.

286 LIQUOR. Liquor ActsAmendmentAct. 3 Buz. II. No. 55, Amendment 33. Subsection two of section forty-three of the of s. 43 (2). Principe Act is amended by repealing the second subparagraph of paragraph (a) of that section and by inserting, in lieu of that repealed subparagraph, the following subparagraph, namely :— “ Where a license is cancelled or surrendered during the currency of a lease for a defined term of the licensed premises granted by the owner in consideration of the payment of a premium in addition to rent, then (and notwithstanding that the licensee as at the date of the cancellation or surrender of the license holds the license in pursuance of any sale, assignment, transfer, or underletting of that lease) a sum equal to a part of that premium proportionate to the term of that lease unexpired at the lastmentioned date shall be deducted from the amount of compensation determined by the Commission to be the fair and equitable compensation payable to the owner only.”. Amendments 34 , Section forty-seven of the Principal Act is °f s. 47. amended by repealing the word “ one-sixth ” appearing in the third paragraph thereof and by inserting, in lieu of that repealed word, the word “ one-sixteenth ”. That section is further amended by repealing the word “ forty-six ” appearing in the said third paragraph and by inserting, in lieu of that repealed word, the word “ fifty-four «jP 647 Tents 35. Section 47 a of the Principal Act is amended— (i.) By repealing therein the words “ certificate of registration of a spirit merchant ” and by inserting, in lieu of those repealed words, the words “ spirit merchant’s license ”, wherever occurring ; (ii.) By repealing the words “ of the grounds ” where those words appear in paragraph (a) of subsection one thereof and by inserting, in lieu of those repealed words, the words and numerals “ of grounds (i.) to (vii.), both inclusive,” ; (iii.) By adding to subsection one thereof the following paragraph, namely :— “(c) Forfeit any billiard license or bagatelle license upon any one or more of grounds (i.), (ii.), (iii.), (iv.), and (viii.) specified in subsection two of this section.” ;

LIQUOR. 287 1954. Liquor ActsAmendmentAct. (iv.) By repealing in subsection two of that section all words from and including the words “The grounds for forfeiture ” to and including the words “ shall be as follows ” and by inserting, in lieu of those repealed words, the words “ Subject to subsection one of this section, the grounds for forfeiture of a licensed victualler’s license, a wine-seller’s license, a spirit merchant’s license, or a billiard license or bagatelle license shall be ” ; (v.) By repealing in paragraph (vi.) of subsection two of that section the words “ certificate of registration as a spirit merchant ” and by inserting, in lieu of those repealed words, the words “ spirit merchant’s license ” ; also by repealing in that paragraph (vi.) the word “ registered ” and by inserting, in lieu of that repealed word, the word “ licensed ” ; (vi.) By repealing in paragraph (vii.) of subsection two of that section the words “ or spirit merchant ” ; also by repealing in that paragraph (vii.) the words “ of his liquor purchases ” and by inserting, in lieu of those repealed words, the words “ as required by this Act to be made by him in respect of liquor purchased or otherwise obtained or sold or otherwise disposed of ” ; and (vii.) By adding to subsection two of that section the following paragraph, namely :— “ (viii.) That the holder of the billiard license or bagatelle license has not, in the opinion of the Commission, maintained the premises in respect of which he holds that license in a secure and proper manner or that those premises have fallen into disrepair.”. 36. Section 47 b of the Principal Act is amended—Amendments # A of s. 47 b . (i.) By repealing in paragraph ( b ) of subsection one thereof the words “ or certificate of registration as a spirit merchant ” ; (ii.) By repealing in that section the words “ or holder of such certificate ” wherever occurring ; (iii.) By inserting after the words “ and, in the case of a license ” the words “ other than a spirit merchant’s license ” where those words occur in subsection one and in the first paragraph of subsection two thereof respectively ; (iv.) By repealing in that section the words “ or certificate ” wherever occurring ; and

288 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, (v.) By repealing in the last paragraph of subsection two thereof the words “or certificate of registration 37. Subsection four of section forty-nine of the ' ’ Principal Act is amended by adding thereto the following paragraph, namely :— “ The Commission shall, before accepting a tender, satisfy itself that the tenderer is a fit and proper person to hold a license, or be registered under this Act as owner of licensed premises, and it shall not accept a tender in respect of which it is not so satisfied.”. Amendments 38. Section fifty-one of the Principal Act is amended— (i.) By repealing the words “ of any licensed victualler’s premises ” where those words appear in paragraph (a) of subsection one of that section and by inserting, in lieu of those repealed words, the words “ of any licensed premises ” ; (ii.) By repealing paragraph (b) of subsection one of that section and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ (b) An order signed by the secretary of the Commission or by an inspector authorised in that behalf by the Commission may be served upon the licensee or the owner of any licensed premises, or both of them, or, in the case of a licensed club, on the secretary of the licensed club or the owner of the licensed premises where, in the opinion of the Commission or of that inspector, the licensed premises require— (i.) Cleansing, painting, or repainting ; or (ii.) Are in a state of disrepair ; or (iii.) Are not in a good sanitary condition ; or (iv.) Do not contain the prescribed accommodation ; or (v.) Are not provided with necessary furniture, furnishings, fittings, fire alarm, fire fighting and fire escape equipment in good order and condition. The aforementioned order shall require the licensee or the owner, or both of them, or, if made in respect of a licensed club, that club or the owner of the licensed

1954. LIQUOR. LiquorActsAmendmentAct. premises, or both of them, to do within the period stated in that order such of the following matters and things as are specified therein, that is to say :— (i.) To cleanse, paint, or repaint; or (ii.) To repair ; or (iii.) To take the necessary sanitary precautions in; or (iv.) To add to the accommodation of; or (v.) To provide any furniture, furnishings, fittings, or fire alarm, fire fighting and fire escape equipment or facilities, or both, necessary for, the premises in respect of which the order is made and otherwise to comply with this Act. In the case of a licensee who is not the owner of the licensed premises, a duplicate of the order as aforesaid shall, where that order is served on the licensee only, also be served upon the owner of those premises (or, if that owner cannot be found, shall be posted, addressed to that owner, upon the front or principal door of those premises). In the case of a licensed club, if the secretary thereof cannot be found, the order as aforesaid may be served by posting it, addressed to that club, upon the front or principal door of the premises thereof. In the case of an order as aforesaid requiring the accommodation of any premises to be added to within the period stated in that order, that period shall be not less than three months. The provisions of this paragraph ( 6 ) shall be in addition to and not in diminution of or substitution for any other provisions of this Act. ” ; and (iii.) By repealing subsection two of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (2.) Subject to section 47 b of this Act, if an order under this section in respect of licensed premises is not complied with, the Commission may forfeit the license.”. K 289

290 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, mid newf 39. Section fifty-five of the Principal Act is repealed sD 55 new and the following section is inserted in lieu of that repealed section :— mLsoielqdausbouyrret. o be to an“y[ 5p5e. r]so(n1. ) fo ( r a) coNnosuhmolpdteiornofoanntyhelicleincesenssehdalplrseumpipselys of such holder any liquor of any description unless such liquor is contained in a glass or other container of a size containing a measure of capacity corresponding with a measure prescribed by the regulations for that description of liquor. (6) Unless and until otherwise prescribed, measures of capacity for the purposes of this subsection of glasses and other containers in which any malted liquor is supplied shall be eleven, eight, seven, or five fluid ounces. (2.) No holder of any license shall supply to any person for consumption on the licensed premises of such holder any liquor unless the same is contained in a glass or other container clearly marked and, if so prescribed by the regulations, marked as prescribed with a true and correct measure of the capacity of that glass or other container. Marked. (3.) For the purposes of this section— Measure. “ Marked ”—Means stamped, impressed, engraved, etched, branded, or otherwise marked in such manner as to be, so far as practicable, indelible; “ Measure ”—Means a standard of measure for Queensland for the purposes of *“ The Weights and Measures Act of 1951 ” or some multiple or part thereof. (4.) The Governor in Council may from time to time by the regulations exclude from the operation of either subsection one or subsection two of this section or of both those sections and in relation to all or any descriptions or kinds of licenses, liquor of the description or sold, in the circumstances or supplied in the containers specified in the regulations and may at any time cancel any such exemption.”. Amendments 40. Section fifty-nine of the Principal Act is of s. 59. amended— (i.) By repealing therein the words “ the licensed victualler or wine-seller” and by inserting, in lieu of those repealed words, the words “the licensee ”; and " * 15 G. 6 No. 35. :

LIQUOR. 291 1954. LiquorActsAmendmentAct. (ii.) By repealing paragraph (e) thereof and by inserting, in lieu of that repealed paragraph, the following paragraph:— “ (e) Any female in any bar or place where liquor is sold over the counter on the licensed premises, or in any room or place on the licensed premises to which direct access may be gained by members of the public from any bar or place where liquor is sold over the counter on such premises, ”. 41. Section sixty-two of the Principal Act IS Amendments amended— of s. 62 (1). (i.) By repealing subsection one of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (1.) A licensed victualler’s license shall authorise the licensee to keep open, upon his licensed premises, any and every bar and any and every other place where liquor is sold over the counter which, having been approved (whether before or after the date of the commencement of *“ The Liquor Acts Amendment Act of 1954 ”) by the Commission, is for the time being specified in his license. A licensed victualler shall not keep open, upon his licensed premises, a bar or other place where liquor is sold over the counter which is not specified in his license.” ; (ii.) By repealing subsection two of that section ; and (iii.) By repealing subsection 5 a of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (5 a .) A licensed victualler or wine-seller shall not, except with the permission of the Commission— (i.) Carry on or advertise or hold himself out as carrying on upon the licensed premises any business other than the business of a licensed victualler or wine-seller ; or (ii.) Let or sublet any part or portion of the licensed premises, or the right to carry on or supply on any part or portion of the licensed premises any business or service to the public. * This Act.

292 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, A licensed victualler or wine-seller shall not use or publish or permit or suffer to be used or published for or in connection with a business other than his business of a licensed victualler or wine-seller any letterhead, billhead, circular, placard, handbill, or advertisement containing the name of his licensed premises (whether appearing alone or in connection with any other word or words) unless he is permitted by the Commission to carry on that other business upon his licensed premises.”. oAfm s. en6d8m. ents amen4d2e.d— Section sixty-eight of the Principal Act is (i.) By repealing in the first paragraph of subsection one thereof the words “ or, if such licensed victualler is required to have stable accommodation, refuses, without lawful excuse, to receive and accommodate any person and his horse (if any), or to provide sufficient forage for such horse, unless in either case ” and by inserting, in lieu of those repealed words, the word “ unless ” ; (ii.) By repealing the last paragraph of subsection one thereof ; and (iii.) By adding to that section the following subsections :— “ (3.) In any proceedings under this section against a licensed victualler for that he refused, without lawful excuse, to receive and accommodate any person contrary to this section, proof that such licensee failed to provide that person wdth board and lodging to the extent demanded by that person shall be evidence of refusal as aforesaid without lawful excuse and, in the absence of evidence in rebuttal, shall be conclusive evidence of refusal as aforesaid. In this subsection “ board ” means three full daily meals each respectively comprising food of the quantity and description ordinarily consumed at the meal in question. (4.) If a licensed victualler is twice convicted for an offence under this section his license may be forfeited by the Commission. Cause may be shown why a license should not be so forfeited and for that purpose the provisions of subsection one of section 47 b of this Act shall, subject to all necessary adaptations thereof, extend.”.

LIQUOR. 293 1954. Liquor ActsAmendmentAct. 43. The following section is inserted after section New s. 68 b 68 a of the Principal Actinserted- “ [65 b .] (1.) No liquor shall be sold or supplied in ^g^ieofns any part of the licensed premises of any licensed victualler Uquoron at a time when every bar which for the time being is licensed specified in his licensed victualler’s license is not open. elsewhere (2.) No description or kind or brand of athanmbars' description or kind of liquor shall at any time be sold or supplied in any part of the licensed premises of any licensed victualler (not being a bar on those licensed premises) unless liquor of that description, kind, or brand (as the case may be) is then available for sale in every bar on such licensed premises. (3.) The provisions of subsections one and two of this section shall not apply to the sale or supplying of liquor to a bond fide lodger, nor to the sale or supplying of liquor under, subject to, and in accordance with the provisions of section sixty-nine of this Act in that behalf, to a bond fide traveller. (4.) Where any provision of subsections one and two of this section is not complied with, the licensed victualler in question shall be guilty of an offence against this Act and for the first offence 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.”. 44. The following section is inserted after section ^®^.tsed68° 68 b of the Principal Act, as previously inserted by thismsere ‘ Act:— “ [65c.] (1.) The provisions of this section shall come into force on a date to be fixed by the Governor in victualler’s Council by Proclamation published in the Gazette. aa^gme' (2.) Subject to the provisions of subsection two °f re^^open. section sixty-nine of this Act, every licensed victualler and every wine-seller shall keep his licensed premises open for the sale of liquor daily continually between the hours of ten o’clock in the morning and ten o’clock at night. (3.) Any licensed victualler who fails to comply with the provisions of this section shall be guilty of an offence against this Act and for the first offence liable

294 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, to a penalty of not less than twenty-five pounds nor more than fifty pounds and for a second or subsequent offence to a penalty of not less than fifty pounds nor more than one hundred pounds. (4.) The Commission may upon application received from a licensed victualler whose licensed premises in the opinion of the Commission is situated in a remote area, exempt in writing that licensed victualler from compliance with this section. Such an exemption may be revoked by the Commission at its discretion. Amendments 45. Section sixty-nine of the Principal Act is °f s. 69. amended by inserting in paragraph (a) of subsection eight thereof after the words “ and for the purposes of this section ” the words “ and of section 68 b of this Act ”. Amendment 46. Section seventy-one of the Principal Act is ofs'71- amended by repealing therein the words “or on the premises of any registered club or exempted club ”. Amendments 47. Section seventy-five of the Principal Act is of s‘75' amended— (i.) By repealing in that section the words “ police magistrate ” and by inserting, in lieu of those repealed words, the words “ stipendiary magistrate ” where those words twice occur; (ii.) By repealing in the second paragraph of subsection two thereof the words “ which has been actually procured from the licensed premises and actually stored in such room or place at a time when such licensed premises are by law permitted to be open ” and by inserting, in lieu of those repealed words, the brackets and words “ (but so that no liquor shall be consumed or be permitted to be consumed in such room or place between the hours of ten o’clock at night and ten o’clock of the next morning)” ; (iii.) By repealing in the last paragraph of subsection two thereof the words “ in this regard” and by inserting, in lieu of those repealed words, the words “ in that liquor is consumed in the room or place in question between the hours of ten o’clock at night and ten o’clock of the next morning” ; and

LIQUOR. 295 1954. Liquor ActsAmendment Act. (iv.) By adding to that section the following subsection:— “ (3.) (a) The foregoing subsections of this section do not apply with respect to dancing on a part of the licensed premises of a licensed victualler open to public resort where, and during the time when, that dancing is permitted under this subsection. (6) The Commission may in writing permit dancing on the part open to public resort specified in the permit of the licensed premises of a licensed victualler and during the time specified in the permit. Such a permit may be issued for the period specified therein or without specifying a period. The Commission may refuse to issue or at any time cancel such a permit without assigning a reason for the refusal or cancellation. (c) A licensed victualler shall not sell or supply liquor to, or permit or suffer liquor to be drunk or consumed by, a person in any part of his licensed premises on which dancing is permitted under this subsection during any time during which dancing is so permitted by that permit. Penalty: Two hundred pounds.”. , 48. The following section is inserted after section New s. 75 a seventy-five of the Principal Act— inserted. “ [75 a .] Sections seventy-five and 166 a of this Act Exemption do not apply with respect to dancing by diners between ^TieeA75 the hours of six and ten o’clock after noon— (a) In a part of the licensed premises of a licensed victualler wherein an evening meal of at least three courses is supplied to the public ; and (b) In the course of those diners partaking of that evening meal.” 49. Section seventy-eight of the Principal Act is Amendments amended by repealing therein the words “ ten pounds ” of s- 78- and by inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; by repealing therein the words “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds ” ; and by repealing therein the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ five hundred pounds ”.

296 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, Amendments 50. Section 78 a of the Principal Act is amended — (i.) By repealing in subparagraph ( d ) of subsection one thereof the words “ registered club and the drinking or consumption of liquor in any exempted club” and by inserting, in lieu of those repealed words, the words “ licensed club ” ; (ii.) By repealing in subparagraph (/) of subsection one thereof the words “ or in any registered club or exempted club ” ; (iii.) By repealing in subparagraph (ii.) of subsection two thereof the words “ registered club ” and by inserting, in lieu of those repealed words, the words “ licensed club ” ; and (iv.) By repealing subparagraph (iii.) of subsection two thereof. Amendments 51. Section seventy-nine of the Principal Act is ofs. 79. amended by repealing therein the words “ police magistrate ” and by inserting, in lieu of those repealed words, the words “ stipendiary magistrate ”, where those repealed words occur twice. Amendments 52. Section eighty-three of the Principal Act is of s. 83. amended by adding thereto the words “ by the Commission ” and the following paragraph, namely :— “ Cause may be shown why a license should not be forfeited under this section and for the purpose of forfeiture the provisions of section 47 b of this Act shall, with all necessary adaptations thereof, extend. ”. Amendments 53. Section eighty-four of the Principal Act is °f s. 84. amended— (i.) By repealing the words “ he shall be liable to forfeit his license ” where those words appear twice in the said section and by inserting, in lieu of those repealed words where so repealed, the words “ the Commission may forfeit his license ” ; and (ii.) By repealing the proviso to, being the last paragraph of, that section and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ Cause may be shown why a license should not be forfeited under this section and for the purpose of forfeiture the provisions of section 47 b of this Act shall, with all necessary adaptations thereof, extend.”.

LIQUOR. 297 1954. LiquorActsAmendmentAct. 54. Section eighty-seven of the Principal Act is Amendments amended— ofs-87' (i.) By repealing therein the words “ registered or ” wherever occurring; (ii.) By repealing in subsection one thereof the words “ Any spirit merchant, brewer, licensed victualler, wine-seller, or holder of a packet license ” and by inserting, in lieu of those repealed words, the word0 “ Any licensee ” ; and (iii.) By repealing subsection five thereof and by inserting, in lieu of that repealed subsection, the following subsection “ (5.) In this section and without prejudice to any provisions, other than in this section, of this Act the term “ licensee ” includes a licensee in relation to a license of any description or kind.”. 55. Section ninety of the Principal Act is amended— Amendments (i.) By repealing therein the words “ Commissioner of Public Health ” and by inserting, in lieu of those repealed words, the words “ Director-General of Health and Medical Services ” ; and (ii.) By repealing the last paragraph thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ Such certificate shall be in or to the effect of the prescribed form.”. 56. The following section is inserted after section New s. 91 a . ninety-one of the Principal Act:— “ [ 91 a . ] (1.) No film shall at any time be exhibited ExhiHti°n on the licensed premises of any licensed victualler or prohibited Wine-Seller. on licensed victualler’s (2.) Where the provisions of this section are not seller™' complied with the licensed victualler or wine-seller in premises, question shall be guilty of an offence against this Act. (3.) For the purposes of this section the term “ film ” means a film exhibited by the use of a cinematograph or any other similar apparatus or any reproducing equipment to produce a moving picture or other optical effect.”.

298 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, Amendments x>f s. 96. 57. Section ninety-six of the Principal Act is amended by repealing therein the words “ police magistrate ” and by inserting, in lieu of those repealed words, the words “stipendiary magistrate ” wherever such words occur. Amendments 58. Subsection two of section one hundred and ofs. 101 ( 2 ). one 0f the Principal Act is amended— • (i.) By repealing therein the words “ the court shall call upon the owner ” and by inserting, in lieu of those repealed words, the words “ the court may call upon the owner ” ; and (ii.) By repealing the brackets and words “ (whether the conviction was of the same person or not) ” and by inserting, in lieu thereof, the brackets and words “ (where the convictions were of the same licensee) ”. Amendment 59. The headnote to section one hundred and to s.e i 08 °te eight of the Principal Act is amended by repealing therein the words “ R egistered S pirit M erchants ” and by inserting, in lieu of those repealed words, the words “ L icensed S pirit M erchants ”. Aofms.en1d0m8.ent Act i6s0a.mSeencdtieodn boynerehpuenadlirnegd athnedreeiinghtht eofwthoerdPs ri“nlciiapbalel to the payment of duty and upon which duty has been paid, or liquor not liable to the payment of duty, except at the premises upon which he carries on business as a spirit merchant ” and by inserting, in lieu of those repealed words, the words “ unless he is a licensed spirit merchant and disposes of that liquor at the premises in respect of which his spirit merchant’s license is granted ”. Amendment 61. Section one hundred and nine of the Principal of s. 109. Act is amended by repealing therein the words “ certificate of registration ” and by inserting, in lieu of those repealed words, the words “ spirit merchant’s license ”. Amendments 62. Section one hundred and ten of the Principal 10- Act is amended— (i.) By repealing therein the words “ certificate of registration ” and by inserting, in lieu of those repealed words, the words “ spirit merchant’s license ” ; (ii.) By repealing therein the words “ person registered ” and by inserting, in lieu of those repealed words, the words “ person licensed ” ; and

LIQUOR. 299 1954. Liquor ActsAmendment Act. (iii.) By repealing therein the words “ certificate or to be registered” and by inserting, in lieu of those repealed words, the word “ licensed 63. Section one hundred and eleven of the Principal Amendment Act is amended by repealing therein the wordsofs'm' “ liable to the payment of duty, and upon which duty has been paid, or liquor not liable to the payment of duty, and ” ; by inserting therein after the words “ two gallons or upwards ” the words “ of one and the same description of liquor ” ; also by repealing therein the words “ certificate of registration ” and by inserting, in lieu of those repealed words, the words “ spirit merchant’s license 64. Section one hundred and twelve of the Principal Repeal Act is repealed. o s. n . 65. Part VI. of the Principal Act (being sections Repeal of one hundred and fourteen to one hundred and twenty- ^ngVss’.’ 114 five, both inclusive, and the headnote appearing to 125 , both immediately prior to section one hundred and fourteen) mclusive- is repealed. 66 . The following headnote and sections are insertion of inserted after section one hundred and thirteen of the anch^m, Principal Act, namely:— 115 . ’ “ P art VI. —L icensed C lubs . [114.] (1.) Subject to this Part of this Act theRind®of Commission may grant club licenses of the followingc ub 10enses- kinds, namely:— (a) A registered club license ; (b) An ex-servicemen’s club license ; (c) A workers’ club license ; (d) A principal sporting club license ; ( e) A bowling club license ; and (/) A golf club license. (2.) Excepting bowling club licenses and golf club licenses, the aggregated number of licenses of the several kinds aforesaid in force at any one and the same time throughout the State shall not exceed one hundred and two, and the Commission shall observe this subsection with respect to the grant of such a license.

300 LIQUOB. LiquorActsAmendmentAct. 3 Buz. II. No. 55, (3.) (a) A registered club license, an ex-servicemen’s club license, or a workers’ club license shall not be granted to, or continued to be held by, a club unless that club has a minimum membership (excluding honorary, temporary, and associate members)— (i.) If situated within the Area of the City of Brisbane, or within the Area of a Local Authority which is a City under and within the meaning of *“ The Local Government Acts, 1936 to 1954,” of five hundred members ; or (ii.) If situated elsewhere than as specified in paragraph (i.) of this subsection, of one hundred and fifty members. ( b ) A principal sporting club license shall not be granted to, or continued to be held by, a club (wheresoever situated) unless that club has a minimum membership of five hundred members. (c) A person who is a member of two or more clubs to which this subsection applies (whether clubs holding the same kind or different kinds of licenses as referred to in this subsection) shall not count as a member of any such club in calculating the minimum membership thereof for the purposes of this Part of this Act, unless that person shall have stated in writing to the secretary of such club that he desires to be counted as a member of that club in the aforesaid calculation when he shall be so counted. (d) A person who makes in respect of a club the statement in writing referred to in this subsection shall not, while he continues to be a member of that club, make that statement in writing in respect of another club. (4.) (a) A prohibition or restriction imposed by any provision of this Part of this Act against or upon the admission as an honorary, temporary, or associate member of, or to any right or privilege attaching to membership of, a club licensed under this Part of this Act of any person, does not apply with respect to a person— (i.) Admitted to honorary membership of the club by reason of circumstances which in the opinion of the Commission justify the admission ; and * 1 G. 6 No. 1 and amending Acts.

312 LIQUOR. Liquor ActsAmendmentAct. 3 E liz . II. No. 55, (c) That the premises, or proposed premises, in respect of which the license is applied for are not suitable (regard being had to site, size, nature, necessary conveniences, and any other prescribed matters and things) for licensing in accordance with the application ; (d) In the case of an objection by the owner or licensee of licensed victualler’s premises, that (having regard to the requirements of the locality wherein the premises in respect of which the license is applied for are, or are to be, situated) the granting of the license will adversely affect the economy of the business as such of the licensed victualler in those licensed victualler’s premises to an undue extent; (e) Any other ground deemed by the Commission to be sufficient.”. New s. 123 74. The following section is inserted after section inserted. one hundred and twenty-two of the Principal Act, as previously inserted by this Act:— PTQohuleeiceensland Act d“o[e1s23n. ] ot( 1a. p) pSlyavwe iaths prreesspcercibt etdo btyhethcilsubsecktnioonw, nthaiss WCluelbf.are a“sTthheaQt uceluebnslaanndd PitosliacpepWroevlefadreprCelmubis” es( bauret scoonfcaerrnoendly) while with respect to that club the following conditions exist and are complied with in every respect, namely— (a) Membership of the club is confined to members of the Police Force of this State, retired members of that Force, persons employed by the Crown in the administration of that Force or employed by the Police Union of this State, or retired from any such employment; ( b ) Persons who are not eligible for membership of that club are not admitted as honorary or associate members of the club, or to any right or privilege attaching to membership of the club ; (c) Liquor is not sold or supplied by the club to, or permitted or suffered by the club to be consumed on its premises by, persons save members of the club and their guests ;

LIQUOR. 313 1954. Liquor ActsAmendmentAct. ( d) Liquor is not sold or supplied by the club for consumption elsewhere than on its premises or permitted or suffered by the club to be carried away from its premises. (2.) Section eighteen of this Act applies to the club mentioned in subsection one of this section as if that club were licensed under this Part of this Act. (3.) In this section “ approved premises ” in relation to the Queensland Police Welfare Club means the club rooms at the Roma Street Police Barracks Brisbane occupied by that club or any premises occupied by that club with the approval of the Minister for the time being administering *“ The Police Acts, 1937 to 1954”.”. 75 The following sections are inserted after section New ss. 124, one hundred and twenty-three of the Principal Act, andi 25 B! as previously inserted by this Act, namely :— inserted. “[724.] (1.) When and so often as the rules of a Alteration licensed club are altered (whether by revocation or of club rules amendment of an existing rule or rules, addition of a new rule or rules, or otherwise howsoever) the secretary of the club shall forthwith deliver to the Commission two copies of the alteration. (2.) When and so often as a change is made in the Chang© of secretary of a licensed club, notice in writing of thatS0Cr8tary- fact and of the full name of the new secretary shall forthwith be given to the Commission. [725.] The secretary of every licensed club shall ^®^^rrsof keep on the club premises a register of members setting mem ers‘ forth the names in full and addresses correctly of all members for the time being of the club, and the date of the latest payment by each member of his subscription. Such register, as well as the proposed members register and the members admission book, shall be open at all times to the inspection of any member of the Commission or of any inspector or any police officer authorised in writing by an inspector, each of whom may take a copy thereof or extract therefrom or of or from any entries therein. Where a register of members, proposed members register, or members admission book is not kept or is not open to inspection as required by this Part of this Act, or where any false entry is made in the register of * 1 G. 6 No. 12 and amending Acts. / /

314 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, members, proposed members register, or members admission book the secretary of the licensed club shall be guilty of an offence against this Act. Moreover any person who prevents or obstructs in any way the inspection, or of the taking of a copy thereof or extract therefrom or of or from any entries therein, at any time by a member of the Commission or an inspector or a police officer as aforesaid of the register of members, proposed members register, or members admission book shall be guilty of an offence against this Act. Committee of licensed club. [ 125 a . ] (1.) The secretary of a licensed club shall— (а) Within fourteen days after a meeting of the general body of members of the club whereat the whole or any specified proportion of its committee are subject to annual re-election, deliver to the Commission a list showing the names, addresses, and occupations of all members of that committee as at the conclusion of the aforesaid meeting; and (б) Within fourteen days after an appointment is made to fill a casual vacancy on the committee of that club, deliver to the Commission notice in writing, of the name, address, and occupation of the appointee. (2.) The Commission may from time to time by notice in writing delivered to the secretary of a licensed club at the address of that club’s premises require him to furnish to the Commission, within such time as is specified in the notice, the information stated by the notice to be required by the Commission with respect to the committee of that club. A secretary of a licensed club shall not fail in any respect to furnish information to the Commission in accordance with a notice under this subsection. Power of the [ 125 b . ] Additionally to any powers of forfeiture tCoomfomrfiesistion of a club license had under this Act by the Commission, club license. the Commission may at any time in its absolute discretion forfeit a club license if it is satisfied that all or any of the following grounds exist in respect of the club in question :— (а) That the club has ceased to exist; (б) That any condition prescribed for clubs of the class to which such club belongs, no longer exists ;

LIQUOR. 315 1954. Liquor ActsAmendmentAct. (c) That any of the provisions of this Part of this Act have not been complied with by that club ; (d) That the club has failed to obey an order of the Commission; (e) That there is frequent drunkenness on the club’s premises or that persons in a state of intoxication are frequently seen leaving the club’s premises, or that the club is conducted in a disorderly manner ; (/) That illegal sales of liquor have taken place on the club’s premises ; (g) That the liquor obtained for the club is not under the control of the members of the committee or of the members appointed in that behalf by the members; (h) That any of the rules of the club are habitually broken; ( i ) That the rules do not contain the provisions required by this Act to be embodied therein ; (j) That any other provision of this Part of this Act has not been complied with in relation to that club ; or (k) That offences of the number and kind are committed which, if that license were a licensed victualler’s license, would render it liable to be forfeited, and for the purpose of any such forfeiture, section 47 b of this Act, with all necessary adaptations thereof, shall extend accordingly. 76. The following section is inserted after section New s. i25c 125 b of the Principal Act, as previously inserted byinserted- this Act, namely :— “[225c.] (1.) If liquor is sold or supplied on the Selling, &c., premises of an unlicensed club then, as well as the person unlicensed who supplies or sells that liquor, every member of the clubs, committee of that club shall be deemed to be guilty of the offence of selling liquor without the authority of a license under this Act and shall be liable to be punished accordingly : Provided that a member shall not be so punished if he satisfies the court that he had no knowledge of the commission of the offence and could not by the exercise of due diligence have prevented its commission.

LIQUOR. LiquorActsAmendment Act. 3 E liz . II. No. 55, (2.) Any person found consuming liquor in the premises of an unlicensed club such liquor having been sold on those premises shall be guilty of an offence and liable to a penalty of not more than ten pounds.”. New ss. 125 d and 125 e 77. The following sections are inserted after section inserted. 125c of the Principal Act, as previously inserted by this Act, namely:— Powers of police with “ [225 d .] (1.) A police officer may, without warrant, respect to enter and inspect the premises of a licensed club at any clubs. time when— (а) Those premises are open ; or (б) He is of opinion upon reasonable grounds that an offence against this Act is being or is about to be committed on those premises. Warrant to (2.) (a) On complaint in writing and on oath made premises!^ by a police officer stating that, in his opinion, there are reasonable grounds for suspecting that liquor is sold or supplied, or kept for sale or supply on the premises of an unlicensed club a stipendiary magistrate may issue a warrant. (6) A warrant issued under this subsection shall authorise the police officer to whom it is directed or any police officer to enter, using force if necessary, the premises of the club named therein, to search those premises, and to seize liquor found therein and the vessels containing, the same, and books and papers relating to the business of the club. Upon conviction liquor and vessels seized as aforesaid shall be liable to be forfeited. (3.) A person who prevents a police officer authorised by or under this Act to enter the premises of a club (whether licensed under this Act or not) from entering those premises, or who delays or otherwise obstructs a police officer in making such entry, shall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred pounds. [225 b .] In this Part of this Act the following terms shall, unless the context otherwise indicates or requires, have the meanings respectively assigned to them, that is to say :— “ Committee ”—In relation to any club, the committee of management or other governing body, by whatever name called, of that club

1954. LIQUOR. Liquor Acts AmendmentAct. 317 (including, in the case of a club which is incorporated, its managing director, manager, or other governing officer, by whatever name called) at any material time ; “Secretary”—In relation to any club, the Secretary, secretary for the time being of that club : The term includes any person who for the time being occupies the office or performs the duties of the secretary ; “Unlicensed club” — A club in respect of which Unlicensed a club license, under this Part of this Act,ou ' of any kind is not in force at any material time, whether a club license had been previously issued in respect of that club or not.”. 78. The following section is inserted after section ?^tsed125F 125 e of the Principal Act, as previously inserted by this mser 6 ' Act, namely :— “ (1.) Every certificate of registration of a clubs registered club and every permit to store liquor in ^passing respect of an exempted club issued before and in force °f.“ The at the date (in this section referred to as the said date) Amendment of the commencement of *“ The Liquor Acts Amendment ^o/ Act of 1954,” shall, during the period of six months 1 ' next following the said date, continue in force under and subject to this Act as if it were a registered club license or, in the case of such a permit, a bowling club license or, as the case may be, a golf club license, and, during that period, this Act shall apply with respect to every such certificate or permit, the club thereby registered or permitted, and all persons concerned accordingly. This subsection applies so that such a certificate or permit shall not have any force or effect whatsoever at any time after the expiration of the aforesaid period of six months: Provided that the Commission may in writing grant from time to time to a registered club as aforesaid an extension or extensions of the aforesaid period of six months, and that, in the case of a registered club granted such an extension or extensions, the period or aggregated periods thereof shall be taken into account in applying this subsection to that registered club. * This Act.

318 LIQUOR. LiquorActsAmendment Act. 3 Buz. II. No. 55, (2.) Upon being satisfied that all of the conditions required by this Act, save the conditions with respect to— (a) Minimum membership ; and ( b) Suitability of premises, existed on the twenty-fourth day of November, one thousand nine hundred and fifty-four, with respect to a club for which application for an ex-servicemen’s club license has been made to the Commission, the Commission may issue a certificate in writing accordingly. Such a certificate shall on and from the date of the issue thereof and thereafter until the expiration of the period of six months next following the said date have force and effect as if it were an ex-servicemen’s club license granted under this Act in respect of the club concerned, and this Act shall apply with respect to that certificate, that club, and all persons concerned accordingly. This subsection applies so that a certificate issued hereunder shall not have any force or effect whatsoever at any time after the expiration of the period of six months next following the said date.”. Amendments 79 . Section one hundred and twenty-six of the of s. 126. Principal Act is amended by repealing therein the words “ a licensed victualler, wine-seller, spirit merchant, or a grower and maker of wine, or for any club or association of persons not being a registered club or an exempted club ” and by inserting, in lieu of those repealed words, the words “ a holder of a license or a grower and maker of wine,”. Repeal of 80 . Section one hundred and twenty-seven of the !Tmew Principal Act is repealed and the following section is inserted in lieu of that repealed section :— Unlawful “ [127.1 (!•) A person shall not sell or otherwise sale of wine. ciiSpOSe Qf any wine unless he is the holder of a license or is a grower and maker of wine. (2.) No holder of a license shall sell or otherwise dispose of any wine elsewhere than in his licensed premises.

LIQUOR. 1954. Liquor ActsAmendmentAct. (3.) No grower and maker of wine (not being a wine- seller) shall sell or otherwise dispose of— (i.) Any wine in any less quantity than two gallons at one time elsewhere than on the premises where such wine is grown or made ; or (ii.) On such premises any wine not grown or made on the premises.”. 319 81. Section one hundred and twenty-eight of the ^f“e“^ent Principal Act is amended by repealing therein the words ° s' ' “ to a penalty not exceeding ten pounds and not less than one pound, and for a second or any subsequent offence to a penalty not exceeding twenty pounds and not less than five pounds ” and by inserting, in lieu of those repealed words, the words “to a penalty not exceeding fifty pounds and not less than five pounds, and for a second or any subsequent offence to a penalty not exceeding one hundred pounds and not less than twenty-five pounds ”. 82. Section one hundred and twenty-nine of the Repeal of Principal Act is repealed and the following section iSgnf2 9 6W inserted in lieu of that repealed section :— “[229.] (1.) (a) A person shall not, without the ®al®o°fb 7 authority of a license, sell any liquor in any premises, unlicensed vehicle, or vessel or boat, or in any place whatsoever, persons, in any less quantity than two gallons of one and the same description of liquor at any one time. (6) This subsection does not apply to the agent or servant of a licensee selling as such agent or servant for the use and benefit of such licensee in or on the premises or, as the case may be, vessel of the licensee and otherwise in accordance in every respect with the license of that licensee. (2.) Any person authorised or permitted by a license to sell any liquor shall not sell any liquor in or on any premises, vehicle, or vessel or boat, or in any place whatsoever save the premises or, as the case may be, vessel in which he is authorised or permitted by his license so to do.

320 LIQUOR. LiquorActsAmendment Act. 3 E liz . II. No. 55, (3.) Any person who contravenes any provision of section one hundred and twenty-seven of this Act or of this section shall be guilty of an offence against this Act and liable— (i.) For a first offence to a penalty of not less than fifty pounds or more than two hundred pounds; (ii.) For a second offence, whether against the same provision or another provision of the said sections, to a penalty of not less than one hundred and fifty pounds or more than , five hundred pounds or to imprisonment for a term not exceeding three months or to both that penalty and imprisonment; and (iii.) For a third or subsequent offence whether against the same provision or another provision of the said sections, to a penalty of not less than one hundred and seventy-five pounds or more than seven hundred and fifty pounds or to imprisonment for a term not exceeding six months or to both that penalty and imprisonment. The increased penalties and punishments prescribed by this subsection shall be imposable and be imposed notwithstanding that the offence punishable thereby is created by a provision of the sections of this Act referred to different from that creating any prior offence under this section committed by the defendant in question. In addition to any other penalty imposed by this section any holder of a license convicted of a second or any subsequent such offence shall forfeit such license. In the case of a conviction for any such offences, the court may, if it thinks it expedient so to do, declare all liquor found in the possession of the offender and the vessels containing such liquor to be forfeited.”. Aofmse. n1d3m2 e(n1t) . thirty8- 3tw. oSuobfstehcetioPnrinocniepalofAcset citsioanmeonndeedhubnydrreepdeaalinndg. in the first paragraph thereof the words “ between the hours of six in the morning and twelve at night ” and by inserting, in lieu of those repealed words, the words “ at any time whether by day or by night ”.

LIQUOR. 321 1954. Liquor ActsAmendmentAct. 84. Seotion one hundred and fifty-three of the Amendment Principal Act is amended— of 8‘163' (i.) By renumbering subsection one thereof as section one hundred and fifty-three ; (ii.) By repealing subsection two thereof; and (iii.) By adding to that section after subparagraph (vii.) thereof the following subparagraph :— “ (viii.) Any liquid shall be deemed to be liquor unless the contrary is proved, and every separate sale shall be a separate offence ; and the averment in any complaint or information that any liquor the subject of such prosecution was or was not exceeding or of a specified quantity, or was or was not a particular or specified description or kind of liquor shall be primd facie proof of that fact.”. 85. Section one hundred and fifty-five of the Amendments Principal Act is amended— of a. us. (i.) By repealing therein the words “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; and (ii.) By adding to that section the following paragraph:— “ Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.”. 86. The following section is inserted after section New a. issa . one hundred and fifty-five of the Principal Act:— “ [255 a .] Where any liquor is sold, disposed of, Licensee supplied, or delivered in contravention of any provision ™®Ponsible of this Act in any licensed premises by any employee employees, or servant of the licensee, the licensee shall be liable for that contravention and may be proceeded against and punished accordingly.”. 87. Section one hundred and fifty-eight of the Repeal of Principal Act is repealed. s' ° ' 88. Section 158 a of the Principal Act is amended—Amendments (i.) By adding to subsection one thereof the following ’ ' paragraph:— “ If, when thereunto lawfully demanded or required under this subsection by a police officer, a person fails to give bis name and address or evidence of the correctness

322 LIQUOR. Liquor ActsAmendmentAct. 3 B liz . II. No. 55, thereof, the police officer shall caution him and, if he still persists in such failure, may arrest him without warrant and take him as soon as possible before justices to be dealt with according to law.” ; and (ii.) By inserting in subsection two thereof after the words “ place of abode ”, where those words first appear therein, the words “ or evidence of the correctness of the name and place of abode given by him ”. 89. Section one hundred and fifty-nine of the ° 8‘ ' Principal Act is amended— (i.) By renumbering the said section subsection two of that section ; (ii.) By inserting in that section, before subsection two thereof, the following subsection :— Protection ofofficera, “ (1.) No matter or thing done by the Minister, or ^he Commission or a member thereof, or by any person acting with the authority of the Minister or the Commission or a member thereof, or by any inspector or any police officer or other officer, or by any person acting with the authority of an inspector or a police officer or other officer, or by any other person, in good faith and without negligence for the purpose of executing this Act or in the execution of his powers and duties under this Act, shall subject the Crown, or the Minister, or the Commission, or the member, inspector, police officer or other officer, or other person, as aforesaid to any liability in respect thereof. Without limiting the provisions of this subsection aforesaid the execution of the powers and duties under this Act of any inspector, police officer, or other officer shall include the making and furnishing of reports and copies of reports in relation to the qualifications, fitness, antecedents, conduct, and character of any person or otherwise for any purpose of this Act. The provisions of this subsection shall extend to matters and things done at any time before or after the commencement of *“ The Liquor Acts Amendment Act of 1954 ”.”. * This Act.

LIQUOR. 323 1954. LiquorActsAmendmentAct. 90. Section one hundred and sixty-four of the Repeal of Principal Act is repealed and, in lieu of that repealed g“i6 4 ew section, the following section is inserted, namely :— “ [164.] (1.) Notwithstanding anything contained in Railway this Act, the Commission may, subject to this section, roo^hment issue in respect of any railway refreshment room or stand a railway refreshment room license. That license shall describe the railway refreshment room or stand in respect of which it is issued in a manner sufficient to identify the same, and shall authorise the licensee, subject to this Act, to sell and supply liquor on those licensed premises. (2.) A railway refreshment room license shall not be issued or transferred to a person who is disqualified by or under this Act from holding a licensed victualler’s license or who in the opinion of the Commission is not a fit and proper person to hold such a license. (3.) Subject to subsection two of this section, a railway refreshment room license may be issued or transferred to a person nominated by the Commissioner for Railways but no such license shall be issued or transferred to a person not so nominated. (4.) Subject to subsection two of this section, the Commission may, upon the application of the said Commissioner, by order authorise a person named in that application to sell and supply liquor under the authority of a railway refreshment room license as if that license had been formally transferred to that person :— (i.) In any of the cases specified in respect of a licensed victualler’s license in sections thirty and thirty-one of this Act; and (ii.) Pending the nomination by the said Commissioner of a person to hold that license and for the purpose of allowing the said Commissioner time to arrange such a nomination. (5.) (a) Annual fees shall, in respect of the year to commence on the first day of July, one thousand nine hundred and fifty-five, and every year thereafter, be charged, levied, collected, and paid in respect of all those railway refreshment room licenses where the railway refreshment room or stand in question is subject to a lease from the Commissioner for Railways, whether to the holder of the railway refreshment room license

324 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, or another, as if that license were a club license and for those purposes the provisions of this Act relating to the enablement of the assessment of annual fees, and the assessment, collection, and payment of those fees in respect of club licenses shall, with all necessary adaptations thereof, extend accordingly. A fee of such amount not exceeding forty pounds as the Commission deems just shall, in respect of the period from the date of the issue thereof, to the thirtieth day of June, one thousand nine hundred and fifty-five, be payable for a railway refreshment room license in this paragraph (a) of this subsection referred to issued before that lastmentioned day, and that fee shall be paid to the Commission before it issues the license. (6) Annual fees to be charged, levied, collected, and paid in respect of railway refreshment room licenses other than those referred to in paragraph (a) of this subsection shall be such amounts, if any, as may from time to time be prescribed. (6.) The licensee may, upon the licensed premises— (a) Sell or supply liquor, and permit liquor to be drunk or consumed, during such times on such days as if he were a licensed victualler in respect of those premises ; and ( b) Sell or supply liquor to, and permit liquor to be drunk or consumed by, any person holding and producing a ticket or other authority authorising him to commence or continue from or to complete at the railway station whereat or whereon the licensed premises are situated on the day in question a journey of at least twenty miles by railway, during the period of fifteen minutes before that person shall commence or continue that journey or after that person shall have completed that journey, and notwithstanding that such period of fifteen minutes may fall on or in a day or time during which, if he were a licensed victualler in respect of those premises, he would be prohibited by this Act from keeping his licensed premises open for the sale of liquor, but shall not sell or supply liquor upon those licensed premises at any other time.

LIQUOR. 1954. LiquorActs Amendment Act. (7.) In and for the purposes of paragraph ( b ) of subsection six of this section, if a train arrives at a railway station whereat or whereon the licensed premises are situated later than the due time of arrival thereof that period shall, if the licensee in question has been informed by the officer of the said Commissioner for Railways in charge for the time being of that railway station of such late arrival, be fifteen minutes before and fifteen minutes after the actual time of arrival but, if the licensee in question is not so informed, that period shall extend to fifteen minutes before and fifteen minutes after the due time of arrival. (8.) Nothing contained in this section and no railway refreshment room license shall authorise liquor to be sold or supplied to or drunk or consumed by any person who is in a state of intoxication or a habitual drunkard, or who is apparently under the age of twenty-one years, or who is a mentally sick person or reasonably suspected to be a mentally sick person, whether temporarily or permanently. Every other provision, and in particular subsection six, of this section shall be read and applied, and every railway refreshment room license shall have effect, subject to this subsection. (9.) This section shall be read and applied so as not to authorise, justify, or excuse, in respect of the premises described in a railway refreshment room license, any act or omission which is an offence under this Act unless that act or omission shall have been done or omitted to be done in compliance in every respect with the provisions of this section. Without limit to the generality of the foregoing provisions of this subsection— (a) With respect to any person who is in a state of intoxication or a habitual drunkard, or who is apparently under the age of twenty-one years, or who is a mentally sick person or reasonably suspected to be a mentally sick person, whether temporarily or permanently— (i.) The licensee shall be bound by, and liable for any contravention by him of, any of the provisions of section fifty-eight of this Act as if he were a licensed victualler ; and 325

326 Saving. LIQUOR. Liquor ActsAmendmentAct. 3 E liz . II. No. 55, (ii.) Any and every person shall be bound by, and liable for any contravention by him of, any of the provisions of sections fifty-nine and sixty-one of this Act as if the premises described in a railway refreshment room license were the licensed premises of a licensed victualler ; and (6) With respect to a sale of liquor on the premises described in a railway refreshment room license otherwise than in compliance in every respect with the provisions of this section, section one hundred and thirty of this Act shall be read and construed as if the licensee were the occupier of those premises. (10.) The Commission may at any time cancel a railway refreshment room license if, in the opinion of the Commission, the licensee is no longer a fit and proper person to hold that license by reason that he has sold or supplied, or permitted or allowed to be drunk or consumed, liquor otherwise than in compliance in every respect with the provisions of this section or that he has otherwise disqualified himself from holding a licensed victualler’s license : Provided that in that case the Commission may upon a fresh nomination as prescribed in this section transfer the license to the fresh nominee.”. 91. (1.) In this section the term “ repealed section” means section one hundred and sixty-four of the Principal Act as in force immediately prior to the repeal of that section by this Act. (2.) Any and every license granted under the repealed section before, and in force at, the passing of this Act shall, subject to subsection three of this section, continue in force for the balance still to run as at the passing of this Act of the period of one year for which it is granted. (3.) The provisions of section one hundred and sixty-four of *“ The Liquor Acts, 1912 to 1954,” shall apply and extend with respect to any and every license continued in force by this section at all times during such continuance as if that license were a license duly issued under the Principal Act as amended by this Act. * 3 G. 5 No. 29 and amending Acts.

LIQUOR. 327 1954. LiquorActsAmendmentAct. 92. Section 166 a of the Principal Act is amended— Amendments of s. 166 a . (i.) By repealing in subsection three thereof the words “ or any registered club or exempted club ”, wherever occurring ; and (ii.) By repealing in subsection three thereof the words “ registered club or exempted club.”. Princ 9 ip 3 a . l SAeccttiios namoennedehdubnydriendseratnindg asifxtetyr - seuibgphat raogfratphhe oAfms. en1d68m. ent (d) of the second paragraph of that section the following subparagraphs, namely:— (dl) Prescribing, regulating and controlling in respect of containers (other than bottles) for liquor or any description of liquor sold or supplied by any licensee for consumption on his licensed premises— (a) The materials of which such containers or of which different kinds of containers, if so permitted, may be made ; (b) The measures of capacity which measures may be prescribed differentially in respect of any specified description of liquor; (c) The marking of such containers with the measure of capacity thereof, the size or kind of such marks to be used, the particulars to be shown thereby, the size of the marks by which such particulars are to be so shown, and the method of placing or of fixing such marks ; (d) Prohibiting such containers from bearing or being marked with any mark or sign which is capable of being mistaken for a marking of the measure of the capacity thereof; (e) In the case of any description of liquor other than malted liquor customarily sold or supplied as aforesaid in glasses or other containers of a capacity greater than the quantity of that liquor sold or supplied, providing for the marking of the glass or container with a line or other device indicating the quantity of liquor customarily the subject of such a sale or

328 LIQUOR. LiquorActsAmendmentAct. 3 E liz . II. No. 55, 1954. supplying the size or kind of such a line or device, and the method of placing or affixing it; (/) Prescribing the limitation of error which may be permitted or tolerated in the prescribed measure of capacity of any glass or container as aforesaid, or in the quantity of any liquor other than malted liquor indicated to be sold or supplied in any glass or other container according to the line or device as aforesaid marked thereon: provided that such an error shall not be deemed to be permitted or tolerated except as so prescribed; and (g) Prohibiting, in respect of the sale or supplying of liquor as aforesaid, the use of any glass or other container (other than a bottle) not made of prescribed materials, or not of a prescribed measure of capacity, or having thereon any prohibited marking; oCfotnhsitsruAcctito. n Act— 94. The following section is added to the Principal “ [171J] This Act, including every Proclamation, Order in Council, and regulation hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, or regulation hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.”.