Liquor Acts Amendment Act of 1965 (Qld)

132 (Queensland ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1965 An Act to Amend `q be Liquor Acts , 1912 to 1961 ," and f Ibe Art Union Regulation Act of 1964 ," each in certain particulars { ASSEN'TED To 21sT Ap m. 1965] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same. as follows:- 1. (1; Short title . This Act may be cited as "The Liquor Acts Amendment Act of 1965." (2) Principal Act. " The Liquor Acts. 1912 to 1961 " are, in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Liquor Acts, 1912 to 1965." (4; Commencement of Act. The provisions of this Act set forth in Schedule II to this Act shall come into force on the first day of July, one thousand nine hundred and sixty-five. 2. Amendment to s. 1 . Section one of the Principal Act is amended by inserting after the words " PART _VIA-RESTAURANT LICENSES;" the words " PART VIB-RESORT LICENSES;".

Liquor Acts Amendment Act of 1965, No. 9 133 3. Amendments to s. 4 . Section four of the Principal Act is amended by- (a) omitting the definition " Guest " and inserting in its stead the following definition:- Guest "-Used with reference to a lodger in the premises of a licensed victualler or in residential accommodation provided by a licensed club, means a person- (a) who, in the company of such a lodger on the day in question, partakes of the regular meal provided in the premises of such licensed victualler or, as the case may be, licensed club at a time not earlier than half-past five o'clock in the afternoon; and (b) who is, thereafter, in the company of such lodger;"; (b) omitting the proviso to the definition " Premises ". 4. Amendments to s. 6 . Section six of the Principal Act is amended by- (a) in subsection (3)- (i) omitting paragraph (b); (ii) re-lettering paragraph (c) as paragraph (b); (iii) omitting paragraph (d); (iv) re-lettering paragraph (e) as paragraph (c) and omitting from that paragraph the words " or the alternate member acts as a member "; (b) in subsection (4), omitting the words " and the other of whom may, if acting under due authority, be the alternate member ". 5. Amendment to s. 8. Section eight of the Principal Act is amended by, in subsection (1), inserting after the words " this section " the words " and to section 8A of this Act ". 6. New s. 8A inverted . The Principal Act is amended by inserting the following section as section 8A :- " (8A.1 Appeals from certain determinations of Commission. (1) Subject to this section, any person aggrieved by a determination of the Commission cancelling, forfeiting or suspending a license or determining the amount of compensation to be paid in respect of the license cancelled or surrendered under this Act may appeal therefrom to a Judge of the Supreme Court. (2) The appeal shall be instituted- (a) in the case of a determination cancelling a license, within twenty-one days after the date when the determination is made ; or (b) in the case of a determination forfeiting or suspending a license, within fourteen days after the date when the determination is made; or (c) in the case of a determination of the amount of compensation to be paid in respect of a license cancelled or surrendered under this Act, within twenty-one days after the date of publication in the Gazette of the notice referred to in subsection (1) of section forty-five of this Act, by way of notice of motion in accordance with the rules of the Supreme Court.

134 Liquor Acts Amendment Act of 1965, No. 9 A copy of such notice of motion shall be served on the secretary of the Commission and on all persons , other than the appellant, required by sections thirty-seven or 47s of this Act, as the case may be, to be served with notice or, in the case of a determination of an amount of compensation, who has claimed compensation. (3) Within seven days after the institution of such an appeal the appellant shall deposit with the Registrar of the Supreme Court wherein such appeal is instituted the sum of fifty pounds by way of security for the costs of such appeal. (4) The secretary of the Commission may be heard upon an appeal instituted pursuant to this section and may be represented thereat by counsel. (5) When an appeal has been instituted pursuant to and in accordance with this section against a determination of the Commission cancelling , forfeiting or suspending a license and the deposit required by subsection (3) of this section has been made the license determined by the Commission to be cancelled or, as the case may be, forfeited or suspended shall be deemed not to be cancelled or, as the case may be, forfeited or suspended until- (a) the date fixed by the Commission for such cancellation, forfeiture or suspension has arrived; and (b) such appeal has been heard and determined or otherwise disposed of and, in the event of a determination, only if the appeal has been disallowed. (6) A Judge of the Supreme Court shall, by way of rehearing upon the evidence adduced before the Commission , hear and determine an appeal instituted pursuant to this section and may- (a) disallow an appeal; (b) set aside or vary the determination appealed from; (c) in the case of an appeal from a determination of an amount of compensation, substitute his own determination of compensation for that of the Commission; (d) make such orders as to costs as he considers just. (7) When a Judge, upon an appeal instituted pursuant to this section, varies the determination appealed from or substitutes his own determination of compensation for that of the Commission the determination as so varied or the amount of compensation so determined, shall, for the purposes of this Act, be deemed to be the determination of or, as the case may be, the compensation awarded by the Commission." 7. Amendments to s. 16 . Section sixteen of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection :- " (1) Licenses may be granted under this Act of the several descriptions following, namely:- (a) A licensed victualler's license ; (b) A packet license; (c) A spirit merchant's license; (d) A club license of any of the several kinds prescribed. (e) A booth license ;

Liquor Acts Amendment Act of 1965, No. 9 135 (f) A bottler's license; (g) A railway refreshment-room license: (h) A restaurant license. (i) A resort license."; (b) omitting subsection (2): (c) in subsection (3)- (i) inserting after the words " packet licenses " the word " and (ii) omitting the words " billiard licenses, and bagatelle licenses 8. Amendments to s. 18 . Section eighteen of the Principal Act is amended by- (a) in subsection (l)- (i) inserting in paragraph (i), after the words " and every ", the words " packet license ": (ii) omitting paragraphs (ii); (iii) omitting paragraph (vi); (iv) re-numbering paragraphs (iii), (iv), (v) and (vii) as paragraphs (ii), (iii), (iv) and (v) respectively: (v) adding the following symbol and paragraph:- (vi) For a resort license-a sum equal to six per centum of the gross amount (including all duties 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 "; (b) in subsection (4)- (i) inserting after the words " licensed victualler," the words " holder of a packet license "; (ii) omitting the words " and licensed club " and inserting, in their stead, the words " licensed club and holder of a resort license ". (c) in subsection (5)- (i) adding to paragraph (ii) the following symbol, word and subparagraphs:- or (d) Where licensed premises have been, by fire, tempest or other calamity or by virtue of alterations, demolition for the purpose of rebuilding or any other cause, rendered wholly unfit for the carrying on of the business in relation to which such premises are licensed; or (e) Where a license has been cancelled, forfeited, revoked or a surrender thereof has been accepted."; (ii) adding to paragraph (iv) the following symbol, word and subparagraph:- or (d) Where licensed premises have been, by fire, tempest or other calamity or by virtue of alterations, demolition for purposes of rebuilding or any other cause, rendered wholly unfit for the carrying on of the business in relation to which such premises are licensed." 9. Amendment to s. 19 . Section nineteen of the Principal Act is amended by, in subsection ( I ;, omitting from the second paragraph (being the paragraph commencing with the words " The power to prescribe ") the word " premises " where that word secondly appears.

136 Liquor Acts Amendment Act of 1965, No. 9 10. Amendments to s. 22 . Section twenty-two of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (iii) and inserting in its stead the following paragraph:- (iii) A licensee within the meaning of " The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961 " or a partner or spouse of such a licensee;"; (ii) omitting the proviso and inserting in its stead the following proviso:- Provided that a licensee within the meaning of " The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961," a partner of such a licensee, a brewer or distiller or the spouse of any such person shall not by virtue of this subsection be disqualified from holding a spirit merchants' license."; (b) inserting, after subsection (la), the following subsection:- (lb) The Commission shall not grant a license in respect of any premises in which a person who has been convicted (in Queensland or elsewhere) of an indictable offence has an estate or is the lessee."; (c) omitting subsection (2) and inserting in its stead the following subsection:- " (2) A licensed victuallers' license or a spirit merchant's license shall not be held in respect of premises of which a police officer, bailiff, licensee within the meaning of " The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961," partner of such a licensee, or the spouse of any such person is owner or wherein he or she is directly or indirectly interested: Provided that the provisions of this subsection shall not be construed to prevent a licensed victuallers' license or a spirit merchants' license being held in respect of premises wherein the only interest of a licensee within the meaning of " The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961," a partner of such a licensee, or the spouse of such a licensee is that he or she is the owner of the freehold of the land upon which such premises are erected."; (d) omitting subsection (41 and inserting in its stead the following subsection:- " (4) Except that a licensed victualler or a licensed spirit merchant ma\ hold a bottlers' license and subject to section twenty-three of this Act, a person shall not hold more than one license at one and the same time." 11. Amendments to s. 23. Section twent' -three of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word " bazaar " the words " function held for a charitable purpose. convention or other like gathering.": (ii) adding the following paragraphs:- - In this subsection, the term " charitable purpose " has the meaning assigned to that term by " The Art Union Regulation Act of 1964 ". A day being a Sunday. Good Friday or Christmas Day shall not be specified in a booth license." :

Liquor Acts Amendment Act of 1965, No. 9 137 (b) in subsection (2), inserting in paragraph (ii) after the words " or bazaar " the words " or function, or convention or other like gathering,"; (c) omitting subsection (6) and inserting in its stead the following subsection:- " (6) The fees payable in respect of the grant of a booth license shall be as prescribed. A booth license shall not be issued unless the fees payable in respect thereof are first paid to the clerk of the court at the place where the court to which application for such license is made is held. Without limiting the matters which may be prescribed in relation to such fees and the assessment thereof:- (a) the fees prescribed may vary according to the part of the State wherein the premises in respect of which the booth license is sought are situated or are to be situated; (b) it may be prescribed that such fees are to be assessed upon the number of persons estimated as likely to attend or as having actually attended at the premises in respect of which the booth license is sought or at the exhibition, show, show ground, race meeting, sports event, encampment, fair, sale, bazaar, function, convention, gathering or place of public amusement at which such premises are situate or are to be situate; (c) when the basis of assessment of such fees is the number of persons estimated as having actually attended at any place it may be prescribed that an adjustment of the fees paid in accordance with this subsection in respect of the grant of a booth license be made when such number has been estimated." 12. Repeal of s. 26. Section twenty-six of the Principal Act is repealed. 13. Amendments to s. 27. Section twenty-seven of the Principal Act is amended by- (a) in subsection (3), adding to paragraph (c) the words " by persons other than the person to whom such license is to be granted or transferred, his agents and employees ". (b) in subsection (5),- (i) omitting the words " cannot be gained directly "; (ii) adding the words " cannot be gained directly by persons other than such holder, his agents and employees "; (c) omitting subsection (6) and inserting in its stead the following subsection:- " (6) When in the opinion of the Commission its refusal to transfer a spirit merchant's license because of any provision of subsection (3) of this section would be likely to cause undue hardship to the holder of such license the Commission may transfer such license notwithstanding that it is not satisfied on any one or more of the matters referred to in paragraphs (a), (b) or (c) of that subsection." 14. Amendment to s. 29 (2). Section twenty-nine of the Principal Act is amended by, in subsection (2), omitting the words " a license " and inserting in their stead the words " the license desired to be transferred ".

138 Liquor Acts Amendment Act of 1965, No. 9 15. Amendments to s. 3 0. Section thirty of the Principal Act is amended by- (a) omitting from subparagraph (a) of the first paragraph the words " transfer the license " and inserting in their stead the words " make application in the prescribed form for the transfer of the license to such person or his qualified nominee "; (b) omitting from subparagraph (b) of the first paragraph the words " transfer the license " and inserting in their stead the words " make application in the prescribed form for the transfer of the license to such person or his qualified nominee "; (c) inserting after the second paragraph the following paragraph:- " Where the applicant for an order under this section is disqualified under this Act from holding the license in question the Commission may grant such authority or, as the case may be, special certificate of transfer to a qualified nominee of such applicant." 16. Amendments to s. 33 . Section thirty-three of the Principal Act is amended by- (a) in subsection ( 1), inserting after the words " legal personal representative " where those words secondly appear the words " widow or nearest of kin,"; (b) inserting after subsection (1) the following subsection:- " (1 A) Upon the death of a holder of a license and upon proof to the satisfaction of the Commission that- (a) such holder was not entitled to a beneficial interest in the license of which he was holder; or (b) the estate of such holder could be administered without a grant of probate of his will or of letters of administration of his estate except for the purpose of effecting a transfer of such license, the Commission- (i) in the case referred to in subparagraph (a) of this subsection, upon the application of any person who is entitled to the beneficial interest in the license in question; and (ii) in the case referred to in subparagraph (b) of this subsection, upon the application of any person who would be entitled to a grant of probate of the will or, as the case may require, letters of administration of the estate of such holder, ma\ grant a special certificate of transfer of such license to a fit and proper person to hold the same under this Act: Provided that where none of the persons who, by virtue of this subsection, would be entitled to apply for a grant of a special certificate of transfer under this subsection, so applies within a reasonable time after the death of such holder the Commission may, upon giving such notice to such persons and in such manner as it considers proper in the circumstances, grant such a special certificate upon the application of the owner of the premises in respect of which such holder held such license." 17. Amendment to s. 35 . Section thirty-five of the Principal Act is amended by omitting the words " or holder of a billiard or bagatelle license

Liquor Acts Amendment Act of 1965, N o. 9 139 18. Amendment to s. 39. Section thirty-nine of the Principal Act is amended by omitting the words " which date may be either the date of the determination or any later date " and inserting in their stead the words " which date, in the case of a cancellation, shall be more than twenty-eight days after the date of the determination and, in the case of a surrender, may be either the date of the determination or a later date ". 19. Amendments to s. 47A. Section 47A of the Principal Act is amended by- (a) omitting from subsection (I) paragraph (c) ; (b) in subsection (2),- (i) omitting from the general words the words " a billiard license, a bagatelle license; (ii) omitting paragraph (1) and inserting in its stead the following paragraph:- (1) That in the opinion of the Commission- (i) the holder of the spirit merchants' license has not maintained his premises in which liquor is stored in a secure and proper manner; or (ii) the licensed premises of such holder are out of repair; or (iii) such holder or his servant or agent has sold or otherwise disposed of liquor contrary to the provisions of section one hundred and nine of this Act. "; (iii) omitting paragraph (m). 20. Amendments to s. 47B . Section 47B of the Principal Act is amended by- (a) adding to subsection (2) the following paragraph:- " Where the Commission determines to forfeit or suspend a license the Commission shall fix a date on and from which that license shall be forfeited or, as the case requires, suspended, which date shall be a date more than fourteen days after the date of the determination."; (b) in subsection (4), adding to the second paragraph the following proviso:- ": Provided that the Commission may, for reason it considers sufficient, extend the time within which such notice shall be given whereupon such notice shall be given within the time as so extended." 21. Amendments to s. 48 . Section forty-eight of the Principal Act is amended by- (a) in subsection (1), omitting from subparagraph (c) of the second proviso the words " within the immediate vicinity of such proposed licensed premises " and inserting in their stead the words " in the locality of such proposed licensed premises or in reasonable proximity to such locality."; (b) in subsection (5), omitting the word " or " where it appears after the words " removal of a licensed victuallers' license ". 22. Amendments to s. 49 . Section forty-nine of the Principal Act is amended by- (a) in subsection (3), inserting in the second paragraph after the words and symbol " proposed premises," the words " the tender shall include ";

140 Liquor Acts Amendment Act of* 1965, No. 9 (b) in subsection ( 4), omitting the second paragraph and inserting, in its stead, the following paragraph:- " The Commission shall not accept a tender submitted by or on behalf of a person who has been convicted (in Queensland or elsewhere) of an indictable offence."; (c) in subsection (5), omitting the words " endorse such license in the prescribed form " and inserting the words " upon the application of the tenderer endorse such license in the prescribed form with the name of the person nominated in such application by the tenderer as the person to hold the license if such person is a fit and proper person to hold such license ". 23. Amendments to s. 50 . Section fifty of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " and every holder of a billiard license or bagatelle license "; (ii) omitting the words " or " licensed wine - seller," "; (iii) omitting the words " or " licensed billiard table keeper," or " licensed bagatelle table keeper," "; (b) in subsection (2)- (i) omitt ing the words " or billiard license, or bagatelle license,"; (ii) omitting the words " or wine "; (iii) omitting the words " or for the playing of billiards or bagatelle ". 24. New ss. 51B and 51C inserted . The Principal Act is amended by inserting after section 51A the following sections as sections 51B and 51c respectively:- " [51B.] Billiard , bagatelle and mini-pool tables excluded from licensed premises . (1) A licensee shall not bring or keep or permit to be brought or kept in a bar of his licensed premises or such other part of his licensed premises open to public resort as the Commission, from time to time by order directs, a billiard table, bagatelle table, mini-pool table or any other table or machine of a similar nature and designed for a similar purpose. (2) The Commission may by order direct a licensee to remove and keep removed from the bar or bars of his licensed premises and from such other part of his licensed premises open to public resort as the Commission directs, any table or machine of a kind referred to in subsection (1) of this section. (3) A person shall not use a table or machine of a kind referred to in subsection (1) of this section which is in or on licensed premises at any time when it is unlawful to keep a bar of such licensed premises open for the sale of liquor unless such person is the licensee. a member of his family or a lodger in such licensed premises. A licensee shall not permit or suffer any person to use such a table or machine, in or on his licensed premises, in contravention of the preceding paragraph of this subsection.

Liquor Acts Amendment Act of 1965, No. 9 141 [51C.] Prohibition of unlawful art unions in licensed premises. (1) A licensee on whose licensed premises- (a) any unlawful art union is conducted; or (b) any ticket or chance in any unlawful art union is sold or distributed or is offered or advertised for sale or distribution; or (c) any advertisement of an unlawful art union or any list, whether complete or not, of prize winners or winning tickets in an unlawful art union or any matter descriptive of the drawing or intended drawing of, or otherwise relating to an unlawful art union which matter is of a kind likely to act as an inducement to any person to participate in that art union or in any other unlawful art union is distributed in the premises of which he is licensee or is in the possession of any person in those premises for the purpose of distribution in those premises, commits an offence against this Act and is liable to a penalty not exceeding three hundred pounds or to imprisonment for a term not exceeding three months or to both such penalty and imprisonment. (2) In applying this section to premises in respect of which a booth license is in force, the premises of which the holder of such booth license is licensee include the area within the immediate vicinity of the booth, stall, bar or place from which liquor is or will be sold or supplied under such license. (3) A person shall not be convicted of an offence against subsection (1) of this section if it is shown that the act alleged to have occurred on his licensed premises occurred without his consent or connivance and that he had exercised all due diligence to prevent it. (4) (a) In this section- (i) the term " unlawful art union " means an art union within the meaning of "The Art Union Regulation Act of1964 " which is not, by that Act, declared to be lawful; (ii) the term " licensee ", without limiting the meaning assigned to it by section four of this Act, includes any person who at the material time is in charge of the licensed premises in question and, where it is alleged in a complaint of an offence against a provision of this section that the act complained of occurred in a part of licensed premises mentioned in the complaint, includes a person who at the material time is in charge of the part of licensed premises in question and, in the case of a licensed club, also includes the persons referred to in paragraphs (b), (c) and (d) of subsection (8) of section one hundred and twenty-one of this Act. (b) The allegation in a complaint of an offence against this section that at any material time an art union, referred to in such complaint, was an unlawful art union shall be evidence of the fact so alleged and, in the absence of evidence to the contrary, shall be conclusive evidence of that fact. (5) The provisions of this section are in addition to and not in substitution for or diminution of any other provision of law: Provided that when a person is liable to be punished under the provisions of this section and also under any other provision of law for the same act or omission he shall not be twice punished for the same offence."

142 Liquor Acts Amendment Act of 1965, No. 9 25. Repeal of s. 53 . Section fifty-three of the Principal Act is repealed. 26. Repeal of s. 54. Section fifty-four of the Principal Act is repealed. 27. Amendments to s. 58. Section fifty-eight of the Principal Act is amended by in subsection (I),- (a) inserting after the words "Any licensed victualler " the words " or licensed spirit merchant or holder of a resort license "; (b) omitting from subparagraph (d) the words " or in any room or place on or in any licensed victualler ' s premises to which direct access may be gained by members of the public from any bar in such premises,"; (c) omitting from the first paragraph the general words following subparagraph ( d) and inserting in their stead , the words " shall be liable to a penalty not exceeding fifty pounds nor less than twenty pounds."; (d) omitting from the third paragraph ( being the paragraph commencing with the words " Any person who, by falsely representing himself ") the words " ten pounds " and inserting in their stead, the words " twenty pounds nor less than ten pounds."; (e) omitting from the last paragraph the words " ten pounds " and inserting in their stead , the words " twenty pounds nor less than ten pounds ". 28. Amendments to s. 59 . Section fifty-nine of the Principal Act is amended by- (a) omitting from paragraph ( e) the words , '` 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 on such premises "; (b) omitting from the general words following paragraph (e) the words " twenty pounds nor less than ten pounds " and inserting in their stead the words " fifty pounds nor less than twenty pounds ". 29. Repeal of and new s. 60. The Principal Act is amended by repealing section sixty and inserting in its stead the following section:- " [60.] Minor not allowed in bars . (1) A licensee shall forthwith remove or cause to be forthwith removed from the bar of his licensed premises any person therein who is apparently under the age of twenty-one years. A licensee who fails to comply with this subsection shall be liable to a penalty not exceeding twenty pounds nor less than ten pounds. (2) A person under the age of twenty-one years who is found- (a) in a bar of any licensed premises; or (b) with liquor in his possession on or in any licensed premises; or (c) drinking or consuming liquor on or in any licensed premises, shall be liable to a penalty not exceeding twenty pounds nor, in the case referred to in paragraphs (b) or (c) of this subsection, less than ten pounds. (3) The provisions of subsection (1) and of paragraphs (a) and (b) of subsection (2) of this section do not apply to or in relation to an employee of the licensee of the licensed premises concerned employed in or about such licensed premises in the course of his employment or a member of the family of such licensee who, not being an employee aforesaid. has attained the age of eighteen years.

Liquor Acts Amendment Act of 1965, No. 9 14_ (4i Any police officer may seize and take awa', or cause to be seized and taken away, any liquor which is being drunk or consumed h^, or which he reasonably suspects is about to be drunk or consumed h•. or which is found in the possession of, any person in contravention of this section, together with any vessel, utensil or other package containing the same, and in the case of a conviction of an offence against this section in relation to any liquor so seized, the court shall, in addition to and other penalty declare such liquor and the vessel, utensil or package containing the same to be forfeited." 30. Amendments to s. 67B. Section 67a of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection ,- ( M1) A licensed victualler or other person shall not- (a) sell or supply or permit to be sold or supplied in an bar on the licensed premises of the licensed victualler: or (b) permit to be consumed in any such bar except in a portion of the bar which portion the Commission, subject to and in accordance with the regulations, has approved for that purpose, any food other than liquor, cordials, mineral waters and prescribed foods.", (b) omitting subsection (3) and inserting in its stead the following subsection :- " (3) Subsection (1) of this section does not apply to food sold or supplied to or consumed by persons seated at a table in a lounge bar." 31. Amendments to s. 69. Section sixty-nine of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from the first paragraph the words " Anzac Day, or Christmas Day, or during polling hours on any polling day " and inserting in their stead the words " or on Christmas Day, at any time, or on Anzac Day (not being a Sunday) except between the hours of one o'clock and ten o'clock after noon "; (ii) omitting the second paragraph; (b) in subsection (4), inserting after the words " in the afternoon " the brackets and words " (except on Anzac Day) "; (c) in subsection (6), inserting after the words " in the afternoon " where those words twice appear the brackets and words " (except on Anzac Day) "; (d) in subsection (8A)- (i) inserting after the word " Brisbane " the brackets and words (exclusive of a part of the State which, though within such radius, is comprised within a tourist area) ": (ii) adding the words " or in a tourist area (e) in subsection (8B), inserting after the word " means " the words a tourist area and

144 Liquor Acts Amendment Act of 1965, No. 9 (f) omitting subsection (Sc), and inserting in its stead the following subsection:- "(8c) For the purposes of this section but subject to subsections (8HA) and (81) of this section the term " permitted hours on any Sunday " means, in relation to the licensed premises of a licensed victualler situated in the permitted area,- (a) in respect of a Sunday (not being Anzac Day), the periods between the hours of eleven o'clock before noon and one o'clock after noon and between the hours of four o' clock and six o'clock after noon; (h) in respect of a Sunday (being Anzac Day), the period between the hours of four o'clock and six o'clock after noon."; (g) inserting after subsection (8H) the following subsection:- " (8HA) Upon application in that behalf by the majority of licensed victuallers in a locality within the permitted area the Commission may, in its discretion, having regard to the special circumstances of the case, by order, vary the definition " permitted hours on any Sunday " prescribed by subsection (8c) of this section in relation to the particular Sunday for which such variation is made and in respect of the licensed premises of all licensed victuallers in such locality in the manner provided for in this subsection. The Commission may vary such definition by substituting for the period between the hours of four o'clock and six o'clock after noon a period not exceeding two hours to commence not earlier than five o'clock after noon and to extend not later than seven o'clock after noon and, if it does so vary such definition, shall name in its order the licensed premises in respect of which such variation is made. Where the Commission has so varied such definition, the definition as so varied shall be deemed to be the definition prescribed by subsection (8c) of this section- (a) in respect of the particular Sunday for which such variation is made: and (b) in relation to the licensed premises named in the Commission's order. The Commission shall not entertain an application made pursuant to this subsection unless- (a) it is satisfied that the applicants have given or caused to be given to all other licensed victuallers whose licensed premises are situated in the locality concerned notice of intention to make such application at least seven days before the date of such application; and (b) such application is made at least fourteen days before the date for which variation is sought ; "; (h) in subsection (8L). omitting the general words following paragraph (b) and inserting in their stead the words " between the hours of twelve o'clock noon and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon- (i) on any Sunday (not being Anzac Day) and Christmas Day, irrespective of where his licensed premises are situated; and (ii) on Good Friday where his licensed premises are situated in the permitted area, and on a Sunday (being Anzac Day) between the hours of one o'clock and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon.";

Liquor A cts Amendment Act of 1965, N o. 9 145 (i) omitting subsection (8M) and inserting in its stead the following subsection:- 11 (8M) Persons seated at a table and bona fide partaking of a meal in a dining-room on the licensed premises of a licensed victualler- (i) on any Sunday (not being Anzac Day) and Christmas Day, irrespective of where such licensed premises are situated; (ii) on Good Friday where such licensed premises are situated in the permitted area, between the hours of twelve o'clock noon and two o'clock after noon or between the hours of five o'clock and seven o'clock after noon; or (iii) on a Sunday (being Anzac Day) between the hours of one o'clock and two o'clock after noon or between the hours of five o'clock and seven o'clock after noon, may drink or consume with the meal liquor sold or supplied by the licensed victualler for the purpose of being so drunk or consumed during the respective aforesaid hours." ; (g) in subsection (8 o) - (i) omitting the words "A licensed victualler " and inserting in their stead the words " Notwithstanding the provisions of subsection (1) of this section, a licensed victualler "; (ii) omitting the words " eleven o'clock " and inserting in their stead the words " twelve o'clock midnight "; (iii) omitting the words "Anzac Day "; (iv) omitting the words "before the hour of ten o'clock" and inserting in their stead the words " before the hour of eleven o'clock "; (h) in subsection (8 P}- (i) omitting the words " eleven o'clock " and inserting in their stead the words " twelve o'clock midnight "; (ii) omitting the words "Anzac Day "; (iii) omitting the words " before the hour of ten o'clock " and inserting in their stead the words " before the hour of eleven o'clock "; (i) in subsection (9A) omitting the words "or on Good Friday, Anzac Day or Christmas Day " and inserting in their stead the words " or on Good Friday or Christmas Day, at any time, or on Anzac Day (not being a Sunday) at any time except between the hours of one o'clock and ten o'clock after noon ". 32. Repeal of s. 74. Section seventy-four of the Principal Act is repealed. 33. Amendment to s. 75. Section seventy-five of the Principal Act is amended by, in subsection (1), omitting from the second paragraph the words " one month " and inserting in their stead the words " three months ". 34. Amendment to s. 75A. Section 75A of the Principal Act is amended by omitting the words " and eleven o'clock after noon " and inserting in their stead the words " o'clock after noon and twelve o'clock midnight ". 35. Amendment to s. 78. Section seventy-eight of the Principal Act is amended by omitting the words " or holder of a billiard license or bagatelle license ".

146 Liquor Acts Amendment Act of 1965, No. 9 36. Repeal of and new s . 84 inserted . The Principal Act is amended by repealing section eighty-four and inserting in its stead the following section:- " (84.] Abn • donaent of licensed premises. (1) If any licensed victualler or, when a licensed victualler is a body corporate or firm, the nominee of such body corporate or, as the case may be, firm- (a) ceases to occupy his licensed premises as his usual place of residence without the previous permission in writing of the Commission; or (b) permits any person to manage , superintend or conduct the business of his licensed premises during his absence for a continuous period longer than seven days without the previous permission in writing of the Commission; or (c) wilfully and persistently fails to keep his licensed premises open for public convenience as required by this Act, the Commission may do either or both of the following:- (i) forfeit his license or , as the case may require , the license of the body corporate or firm concerned; (ii) by order, direct that the licensed premises be closed and kept closed until further order of the Commission and for that purpose may direct an Inspector to close such licensed premises for the sale of liquor. When the Commission directs , pursuant to paragraph (ii) of this subsection that any licensed premises be closed and kept closed until further order of the Commission- A. The license granted with respect to those licensed premises shall be deemed to be suspended; and B. The same consequences , except with respect to payment of compensation, shall ensue during the period such licensed premises are kept closed pursuant to such direction as if such license had been cancelled by the Commission pursuant to this Act. (2) The Commission shall not make an order pursuant to paragraph (ii) of the preceding subsection unless it is satisfied that- (a) the Secretary of the Commission has given notice to the licensed victualler concerned that the Commission proposes to consider making such an order at least three days prior to the date when the Commission is to so consider; or (b) the secretary of the Commission has taken all reasonable steps to give the notice required by paragraph (a) of this subsection; or (c) the giving of the notice required by paragraph (a) of this subsection is not reasonably practicable. (3) The licensed victualler whose license is to be forfeited under this section may show cause why such license should not be so forfeited. (4) The provisions of section 47B of this Act shall, with all necessary adaptations, apply and extend to a forfeiture of a license under this section." 37. Amendment to s. 90 . Section ninety of the Principal Act is amended by omitting the word " Commissioner " and inserting in its stead the words " Director-General of Health and Medical Services ".

Liquor Acts Amendment Act of 1965. No. 9 i4- 38. Amendments to s. 91A. Section 91A of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- (1) No film shall at any time be exhibited- (a) in a bar on the licensed premises of a licensed victualler; (b) in a part of the licensed premises of a licensed victualler, other than a bar on such premises, except with the previous permission of the Commission."; (b) in subsection (4), omitting the word "Australian ". 39. Amendment to s. 92. Section ninety-two of the Principal Act is amended by omitting the words ", not being a horse or other live animal or gear appertaining thereto or a carriage, to a greater amount than the sum of twenty pounds,". 40. Amendments to s. 109. Section one hundred and nine of the Principal Act is amended by- (a) in subsection (1),- (i) omitting from the first paragraph the words " of one and the same description of liquor "; (ii) omitting the proviso to the first paragraph ; (iii) omitting the second paragraph; (b) in subsection (2),- (i) omitting from paragraph (a) the words " other than a licensed victualler " and the words " of one and the same description of liquor "; (ii) omitting paragraph (b); (iii) re-lettering paragraph (c) as paragraph (b); (iv) omitting paragraph (d) and inserting in its stead the following paragraph:- (c) deliver to any person at or from, or permit any person to take away from, the premises specified in the license in quantities of less than two gallons at one and the same time of liquor sold or otherwise disposed of by the licensed spirit merchant." 41. Repeal of s. 110 . Section one hundred and ten of the Principal Act is repealed. 42. Amendment to s. 112. Section one hundred and twelve of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:- (c) on any day or at any time when shops other than exempted shops within the meaning of " The Factories and Shops Acts, 1960 to 1964, " in the locality in which the licensed premises are situated are required by law to be kept closed." 43. Amendments to s. 117. Section one hundred and seventeen of the Principal Act is amended by- (a) in subsection (1), inserting in paragraph (a) after the words " permanent forces " the words " nor persons who from time to time are eligible by reason of service as merchant seamen to be admitted to membership of the Returned Sailors, Soldiers and Airmen's Imperial League of Australia ";

148 Liquor Acts Amendment Act of 1965, No. 9 (b) in subsection (2), omitting from the definition " Ex-serviceman " the paragraph commencing with the words " The term includes " and inserting in its stead the following paragraph :- " The term includes- (a) A discharged member of any such Force who has attained the age of twenty-one years and who was a member of such Force only during his performance of compulsory national service training or similar service (by whatever name called) ; (b) A female who has served in any capacity with, or with a service forming part of, any such Force, including service as medical practitioner, or nurse or masseuse." 44. Amts to s. 121 . Section one hundred and twenty-one of the Principal Act is amended by- (a) in subsection ( 2), omitting the words " at any time on a Sunday or on Christmas Day, Good Friday or Anzac Day " and inserting in their stead the words " on a Sunday or on Christmas Day or Good Friday, at any time , or on Anzac Day (not being a Sunday ) at any time except between the hours of one o'clock in the afternoon and ten o'clock at night "; (b) in subsection ( 4), adding to paragraph ( ii) the following proviso :- ": Provided that when the Commission is satisfied that the premises of a licensed bowling club are, during a particular period, regularly used for a reasonable period after the hour of seven o'clock after noon for the purpose of playing or carrying on the game of bowls, it may, by permit in writing and subject to subsection (2) of this section, authorize that club to sell and supply liquor and to permit and suffer liquor to be consumed on its licensed premises on a day on which its premises are being so used for that purpose, for a period specified in such permit, being a reasonable period after the hour of seven o'clock after noon but not later than the hour of ten o'clock after noon whereupon that club may sell and supply liquor and permit and suffer liquor to be consumed on its licensed premises as so authorized."; (c) in subsection (6A), inserting after the word " means " the words " a tourist area and "; (d) omitting subsection (6a) and inserting in its stead the following subsection:- " (6B) For the purposes of this section but subject to subsections (6F), (6FA) and (6H) of this section the term " permitted hours on any Sunday " means- (a) in relation to the licensed premises of a licensed club (not being a licensed bowling club or a licensed golf club)- (i) in respect of a Sunday (not being Anzac Day) the periods between the hours of eleven o'clock before noon and one o'clock after noon and between the hours of four o'clock and six o'clock after noon; (ii) in respect of a Sunday (being Anzac Day) the period between the hours of four o'clock and six o'clock after noon; (b) in relation to the licensed premises of a licensed bowling club or a licensed golf club- (i) in respect of a Sunday (not being Anzac Day) the periods between the hours of twelve o'clock noon and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon;

:liquor Acts Amendment Act of 1965, N o. 9 149 (ii) in respect of a Sunday (being Anzac Day) the periods between the hours of one o'clock and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon." ; (e) in subsection (6c), omitting from subparagraph (ii) of paragraph (a) the words " another Licensed bowling club or licensed golf club " and inserting , in their stead, the words " another bowling club or golf club "; (f) in subsection (6F), inserting after the words " twelve o'clock noon " the words and brackets " on any Sunday (not being Anzac Day) or before one o'clock after noon on any Sunday (being Anzac Day) "; (g) inserting after subsection (6F), as subsection (6FA), the following subsection:- "(6F) Notwithstanding the provisions of subsection (6F) of this section , upon application in that behalf by a licensed bowling club or a licensed golf club, if it appears to the Commission that there are special circumstances justifying a permit under this subsection , the Commission may, by permit in writing, authorize the applicant licensed bowling club or licensed golf club to sell and supply liquor to and to permit or suffer liquor to be consumed on its licensed premises on the Sunday referred to in the permit by members of such applicant licensed club and guests of such members and- (a) where the applicant licensed club is a licensed bowling club, members of another bowling club; or (b) where the applicant licensed club is a licensed golf club, members of another golf club, between the hours specified in such permit- The period so specified shall not exceed six hours and shall not include any period before ten o'clock before noon on any Sunday (not being Anzac Day) or before one o 'clock after noon on any Sunday (being Anzac Day) or after seven o'clock after noon. When the Commission grants a permit to a licensed club pursuant to this subsection the period so specified shall be deemed to be the permitted hours on any Sunday prescribed by subsection (6B) of this section- (i) in respect of the particular Sunday for which such permit has been granted ; and (ii) in relation to the licensed premises of the applicant licensed club. The Commission shall not grant more than twelve such permits to one and the same applicant licensed club in any calendar year."; (h) in subsection (6t.)`- (i) inserting after the word " Sunday " the words and brackets " (not being Anzac Day) "; (ii) adding the words " or on any Sunday (being Anzac Day) between the hours of one o'clock and two o'clock in the afternoon and between the hours of five o'clock and seven o'clock in the evening "; (i) in subsection (7)- (i) omitting the words " ten o'clock " and inserting in their stead the words " eleven o'clock "; (ii) omitting the word " nine " and inserting in its stead the word twelve "; (iii) omitting the words " in respect of a period of-twelve months " and inserting in their stead the words " in any calendar year ";

150 Liquor Acts Amendment Act of 1965, No. 9 (j) in subsection (7A)- (i) omitting the words " three permits " and inserting in their stead the words " six permits "; (ii) omitting the words " in respect of a period of twelve months " and inserting in their stead the words " in any calendar year "; (k) in subsection ( 7B), omitting the words " during any Sunday or Christmas Day " and inserting in their stead the words " at any time on a Sunday or Christmas Day, or on Anzac Day (not being a Sunday) at any time except between the hours of one o ' clock and ten o'clock after noon ". 45. Amendment to s. 122 ( 3). Section one hundred and twenty-two of the Principal Act is amended by, in subsection ( 3), omitting the words " immediate vicinity " and inserting in their stead the word " locality ". 46. Amendment to s. 125E. Section 125E of the Principal Act is amended by inserting, before the definition " Committee ", the following definition:- BBoowwlilningg club "-A club the principal activity of which is the playing of the game of bowls played exclusively on lawns or synthetic greens out-doors ; " 47. Ameadaeet to a. 125AA . Section 125AA of the Principal Act is amended by omitting the definition " light wines ". 48. Amendment to a. 125AB ( 2). Section 125AB of the Principal Act is amended by, in subsection ( 2), omitting the words " light wines and malted liquors " and inserting in their stead the word " liquor ". 49. Amendment to s. 12SAD ( 2). Section 12SAD of the Principal Act is amended by, in subsection (2), omitting from paragraph (d) the words " immediate vicinity " and inserting in their stead the word " locality ". 50. Amendments to s. 125AE . Section 125AE of the Principal Act is amended by- (a) in subsection (1), omitting the words " light wines and malted liquors " and inserting in their stead the word " liquor "; (b) in subsection (2), omitting the words " light wines and malted liquors " and inserting in their stead the word " liquor "; (c) in subsection (3)- (i) omitting the words " light wines and malted liquors " and inserting in their stead the word " liquor "; (ii) lettering the existing paragraph ( as amended) as paragraph (a); (iii) adding the following paragraphs:- (b) Spirits shall not be sold or supplied except in a bottle or other approved container of a maximum capacity not exceeding two and one-half ounces. (c) Aperitifs may be served before a meal and liqueurs may be served after a meal otherwise than as prescribed by this subsection at the table at which he is seated to a person to whom liquor may lawfully be supplied for consumption." ;

Liquor Acts Amendment Act of 1965. No. 9 (d) omitting subsection (4) and inserting in its stead the following subsection:- " (4) Liquor shall not be sold, supplied or served in a licensed restaurant- (a) on Good Friday; (b) on Anzac Day (not being a Sunday) except between the hours of one o'clock and eleven o'clock after noon; (c) on Anzac Day (being a Sunday) except between the hours of one o'clock and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon; (d) on any Sunday (not being Anzac Day) or on Christmas Day except between the hours of twelve o'clock noon and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon; (e) on any day other than a day referred to in paragraphs (a), (b), (c) or (d) of this subsection except between the hours of twelve o'clock noon and eleven o'clock after noon."; (e) in subsection (5), omitting the words and brackets " (other than light wines or malted liquor) is sold or supplied in any licensed restaurant, or if any light wine or malted liquor ". 51. Amendment to s. 125AF. Section 125AF of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) All bottles or other approved containers in which liquor is sold or supplied in a licensed restaurant and all drinking vessels used in the consumption thereof shall be removed from every dining-room of such restaurant in accordance with the following provisions:- (a) Where liquor is served between the hours of twelve o'clock noon and two o'clock after noon on any Sunday or on Christmas Day, the removal shall be completed before the hour of two o'clock after noon on the same day; (b) Where liquor is served between the hours of five o'clock and seven o'clock after noon on any Sunday or on Christmas Day, the removal shall be completed before seven o'clock after noon on the same day; (c) Where liquor is served on any day other than a Sunday or Christmas Day, the removal shall be completed before twelve o'clock midnight on the same day." 52. Amendment to s. 125AI. Section 125At of the Principal Act is amended by omitting the words " light wine or malted ". 53. Amendment to s. 125AJ (2). Section 125,E of the Principal Act is amended by, in subsection (2), omitting the words " number of days extending over a period of one month " and inserting in their stead the words " period exceeding three months ". 54. Amendment to s. 125AK (2). Section 125AK of the Principal Act is amended by, in subsection (2), omitting the words " and eleven o'clock in the evening " and inserting in their stead the words " after noon and twelve o'clock midnight ".

152 Liquor Acts Amendment Act of 1965, No. 9 55. Amendment to s. 125AL. Section 125AL of the Principal Act is amended by omitting paragraphs (a), (b), (c) and (d) and inserting in their stead the following paragraphs:- (a) on Good Friday ; (b) on Anzac Day (not being a Sunday) except between the hours of one o'clock and eleven o'clock after noon; (c) on Anzac Day (being a Sunday) except between the hours of one o'clock and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon; (d) on any Sunday (not being Anzac Day) or on Christmas Day between the hours of twelve o'clock noon and two o'clock after noon and between the hours of five o'clock and seven o'clock after noon; (e) on any day other than a day referred to in paragraphs (a), (b), (c) or (d) of this section except between the hours of twelve o'clock noon and eleven o'clock after noon." 56. New Part VIB. inserted . The Principal Act is amended by inserting after Part VIA the following Part:- "PART VIB-RESORT UcENms [125BA.] Power to grant resort licenses . (1) The Commission may, from time to time, grant resort licenses under and subject to this Part. (2) A resort license shall, subject to this Act, authorize the licensee to sell and supply liquor in the premises in respect of which the license is granted and the premises in respect of which the license is granted shall be licensed premises. (3) The Commission may grant a resort license only in respect of premises which are- (a)- (i) situated on an island off the coast of Queensland; or (ii) so situated on the mainland of Queensland that, in the opinion of the Commission, they are sufficiently remote from a place where there are premises in respect of which a licensed victualler's license subsists to justify the grant of a resort license ; and (b) being or likely to be used to cater for tourists in Queensland. [125BB.] Application for resort license . (1) A person who desires to obtain a resort license shall make application in the prescribed form to the Commission. Every application shall set out the name, calling, and place of abode of the applicant, the place at which the premises in respect of which such license is being sought is or is to be situated, the use to which such premises are being or to be put and shall include or be accompanied by such plans and further information and particulars as are prescribed or as the Commission requires. Every application shall be accompanied by the prescribed fee. (2) The Commission shall give public notice at such times and in such manner as is prescribed of an application for a resort license. Before granting a resort license the Commission shall hear and consider objections, if any, made personally or by petition to the Commission by- (a) the Local Authority of the city, town or shire in which the premises to which the application relates are, or are to be, situated ;

Liquor Acts Amendment Act of 1965, No. 9 15: (b) any elector of the district in which the premises to which the application relates are, or are to be, situated; (c) the owner or licensee of licensed victualler's premises who claims that the site whereof the premises to which the application relates are, or are to be, situated is not sufficiently remote from his licensed premises to justify the grant of such license. An objection may be upon any one or more of the grounds referred to in section one hundred and twenty-two of this Act as a ground upon which an objection might be taken to the grant of a club license. [12500 .] Maximum number of resort licenses . The Governor in Council may, by regulation, from time to time prescribe the maximum number of resort licenses which may be in force in the State at any one time. The Commission shall not grant resort licenses in excess of the maximum number for the time being prescribed pursuant to this section. [125BD . ] Conditions applicable to resort licenses . (1) The Governor in Council may from time to time prescribe conditions to which resort licenses shall be subject. Such conditions may be prescribed to apply generally to all resort licenses or to a particular resort license. (2) Upon granting a resort license the Commission may specify conditions, not inconsistent with this Act, to which such license shall be subject. Without restricting the power of the Commission to specify conditions under this subsection , such conditions may be specified in relation to- (a) the duties and obligations of the licensee; (b) the days on which and the times during which the licensee may lawfully conduct his business under such license; (c) the persons to whom liquor may be lawfully sold or supplied pursuant to such a license; (d) the persons who may lawfully consume liquor at premises in respect of which such license is granted; (e) the revocation, forfeiture or suspension of such license. The Commission may, from time to time , vary or add to the conditions for the time being specified in relation to such license. (3) Any person who contravenes or fails to comply with a condition to which a resort license is, for the time being , subject commits an offence against this Act." 57. Amendment to s. 1348 . Section 134E of the Principal Act is amended by omitting the words " for consumption of " and inserting in their stead the words " for consumption off ". 58. Amendments to s. 166A . Section 166A of the Principal Act is amended by- (a) in subsection ( 3), omitting the last two paragraphs; (b) inserting after subsection (3) the following subsection :- " (3A) In respect of an occasion when it is proposed that a dance is to be held in any part of licensed premises and that liquor is to be consumed in such part during the period such dance is to be held application may be made under subsection (2) of section seventy-five of this Act for special permission for such dance and consumption of liquor.

154 Liquor Acts Amendment Act of 1965, No. 9 There shall be set forth in every such application and, where such special permission is granted, in such permission- (a) the fact that dancing is to take place in the part of the licensed premises concerned; and (b) the fact that liquor is to be consumed at such dance in such part. When such special permission has been granted, provided the terms of such permission are complied with in every respect the part of the licensed premises in which such dance is held shall be deemed not to be a public hall within the meaning assigned to that term in subsection (3) of this section within the hours covered by such permission and one hour theretofore and one hour thereafter."; (c) in subsection (4), adding as paragraph (iv) the following paragraph:- (iv) To or in respect of any Ball in respect of which a permit has been granted under section 166E of this Act." 59. New s. 166B inserted . The Principal Act is amended by inserting after section 166A the following section:- " [166B . ] Ball permits . (1) Upon application made in that behalf by any person on behalf of any body or association of persons and upon payment of the prescribed fee the Commission may, subject to this subsection in its discretion grant to such applicant a permit (in this section called a " ball permit "). An application for a ball permit shall be made not less than twenty-one days before the date on which the Ball with respect to which the application is made is to be held. Such an applicant shall state in his application the name of the body or association of persons by or on whose behalf the Ball with respect to which the application is made will be conducted and shall include therein or otherwise furnish to the Commission such other information as is prescribed or as the Commission requires. The Commission may grant only one ball permit in any calendar year in respect of a Ball conducted by or on behalf of the same body or association of persons. The Commission shall not grant a ball permit to any person unless it is satisfied that the premises on which the Ball concerned is to be conducted are so constructed and situated and have such amenities and facilities as to be suitable for use for the purposes of a Ball at which liquor is supplied and consumed. having regard to the facilities which might reasonably be expected to be provided for such purposes in the locality in question. (2) A ball permit- (i) shall be in or to the effect of the prescribed form; (ii) shall be subject to the observance by the holder thereof of such conditions as the Commission imposes thereon and as are specified therein ; (iii) shall apply only in respect of the occasion and the premises and between the hours specified therein: (iv) shall not be granted in respect of licensed premises; (v) may be revoked by the Commission at any time upon notice to the person to whom it was granted; (vi) while it remains in force and for so long as the provisions of this section and the conditions specified in such permit are complied with, shall be lawful authority for the sale and

Liquor Acts Amendment Act of 1965. No. 9 .5 supply by the person to whom it was granted and for the consumption by persons bonafide attending the Ball concerned of liquor on the premises on which such Bail is being conducted. (3) A person- (i) shall not suppi; or serve liquor to any person under or apparently under the age of twenty-one years at a Ball in respect of which a ball permit has been granted; (ii) shall not supply or serve liquor to any person at such a Ball who is or appears to be intoxicated ; (iii) under the age of twenty-one years shall not consume liquor at such a Ball; (iv) other than the person to whom a ball permit has been granted, or a person acting on his behalf and under his authority, shall not bring liquor onto premises in respect of which a ball permit has been granted on the occasion with respect to which such permit has been granted; (v) shall not consume liquor sold, supplied or served to him at a Ball in respect of which a ball permit has been granted elsewhere than on the premises on which such Ball is being conducted or at any time other than between the hours specified therefor in such permit. (4) The person to whom a ball permit has been granted or, if such person is not in attendance at the Ball in respect of which such permit has been granted, the person in attendance who is in charge of the conduct of such Ball on behalf of the body or association of persons on whose behalf the application for such permit was made , shall remove or cause to be removed from the premises on which such Ball is being or is about to be conducted any person who, in the opinion of the person charged with the duty imposed by this subsection , is drunk or offensive to other persons in attendance at such Ball and for such purpose may use such force as is required to perform his duty. All police officers are hereby required , on the demand of the person charged with the duty imposed by this subsection, to remove or assist in removing the person concerned from such premises and may use such force as is required in so doing. (5) A person shall not have in his possession or under his control liquor- (a) in; or (b) in the vicinity of, any premises while a Ball in respect of which a ball permit has been granted is being or is about to be conducted on those premises or within one hour after the conclusion of such a Ball on those premises unless- (c) in the case prescribed in paragraph (a) of this subsection, he- (i) is the person to whom a ball permit was granted in respect of such Ball or someone acting on behalf of and under the authority of such person; or (ii) was sold or supplied with or served such liquor by a person referred to in the last preceding subparagraph; and (d) in the case prescribed in paragraph (b) of this subsection, he- (i) is a person referred to in subparagraph (i) of paragraph (c) of this subsection; and (ii) is carrying such liquor to or away from the premises concerned.

156 Liquor Acts Amendment Act of 1965, No. 9 A person who offends against this subsection shall be liable, for a first offence, to a penalty of not more than ten pounds nor less than two pounds and, for a second or subsequent offence, whether against the same or a different provision, to a penalty of not more than twenty pounds nor less than five pounds. For the purposes of this subsection liquor shall be deemed to be in the vicinity of premises if it is shown that such liquor was in the possession or control of any person attending or proceeding to attend or who had attended a Ball being or about to be conducted on such premises or which had been conducted on such premises or that such liquor was consumed or intended for consumption by any person attending such Ball." 60. Amendments to Act No. 55 of 1964. " The Art Union Regulation Act of 1964 " is amended in the manner and to the extent set forth in Schedule I to this Act. That Act, as amended by this Act, may be cited as " The Art Union Regulation Acts, 1964 to 1965." SCHEDULE I [Section 60] Amendments to " The Art Union Regulation Act of 1964 " Provision amended Manner and extent of amendment Section 2 .. Divisional heading immediately pre- ceding Section 30 Section 30 Section 31 Section 32 .. In Part IV, adding to Division II the words "and . billiard tables "; Adding the words " and Billiard Tables "; Inserting before the definition " Building " the following definition:- " " Billiard table "-A table of such design that it may be used for the playing of billiards, pool, snooker , bagatelle , mini -pool or a game of a like nature;"; (i) Adding to the cite heading the words " and biIIiard tables "; (ii) Inserting after the words " entertainment machine " the words " or billiard table "; (iii) Adding the following paragraph :- " This section does not apply in respect of a billiard table in- (a) a private dwelling-house; (b) the premises of a maker or seller of billiard tables ; (c) premises bona fide occupied as a club or by any mechanics' institute or school of arts or any association of persons for the purpose of any aquatic or athletic sports or pastime if such billiard table is used only by members of such club, institution or association and their guests."; (i) Adding to the cite heading the words "and billiard tables " ; (ii) In subsection (1)- (a) inserting after the words " this Division " the words " in respect of an entertainment machine ";

Liquor Acts Amendment Act of 1965, No. 9 SCHEDULE I-continued Amendments to " The Art Union Regulation Act of 1964 " Provision amended Manner and extent of amendment 15- Section 32- 1 (b) adding the following words:- continued " and every permit issued under or for the purposes of this Division in respect of a billiard table shall be subject to the following conditions :- (d) no betting or wagering or gaming shall be conducted on or with respect to a game being played or to be played on a billiard table authorized by that permit; (e) a player shall neither receive nor be offered any benefit nor be subjected to any loss dependent upon the outcome of a game."; (iii) In subsection ( 2), inserting after the words " entertainment machine " the words " or billiard table "; Divisional heading Adding the words " and Billiard Tables "; immediately pre- ceding Section 33 Section 33 .. In subsection (2), omitting the words " or entertain- ment machine " and inserting in their stead the words " entertainment machine or billiard table ": Section 35 .. In subsection (1)- (a) inserting in paragraph (a) after the words " or an ent ert ain m ent machine " the words " or a billiard table "; (b) omitting from paragraph ( a) the words " or, as the case may be, entertainment machine " and inserting in their stead the words " entertainment machine or, as the case may be, billiard table "; Section 41 .. In subsection (3)- (a) inserting in paragraph ( vi) after the words " entertainment machines " the words " and billiard tables "; (b) omitting from paragraph ( vi) the words " and entertainment machines " where those words last occur and inserting in their stead the words ", entertainment machines and billiard tables "; (c) omitting from paragraph ( viii) the words " and entertainment machines " and inserting in their stead the words ", entertainment machines and billiard tables "; (d) omitting from paragraph (xii) the words " and entertainment machines " and inserting in their stead the words " , entertainment machines and billiard tables "; (e) inserting in paragraph (xiii) after the words " entertainment machine " the words " or billiard table ".

158 Liquor Acts Amendment Act of 1965, No. 9 SCHEDULE II [Section 1 (4)] Provisions of this Act to come into force on 1st July, 1965 Subparagraph (iii) of paragraph (a) of section 8; Section 12; Section 17; Paragraph ( a) and subparagraphs ( i) and (iii) of paragraph (b) of section 19; Subparagraphs (i) and (iii ) of paragraph (a) and subparagraphs (i) and (iii) of paragraph (b) of section 23: Section 25; Section 32; Section 35; Section 60.