Liquor (Amendment) Act 1905 (NSW)

Act No. 40, 1905.

An Act to ,amend the law relating to the supply

of intoxicating liquor ; to regulate the supply of liquor by clubs: to make better provision for the exorcise of local option with regard to the supply of intoxicating liquor: to

amend the Liquor Act, 1898; and for other purposes consequent thereon and incidental

thereto. [9th December, 1905.]

Assembly of New South Wales in Parliament assembled, and by the	B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative
authority of the same, as follows:—
2. This Act shall come into force on the first day of January, one thousand nine hundred and six.
3. The enactments of the Principal Act mentioned in Schedule

P A R T I .

P R E L I M I N A R Y .

1. This Act may be cited as the "Liquor (Amendment) Act,

3005," and shall he construed with the Liquor Act, 1808, hereinafter

referred to as the Principal Act.

One are to the extent there indicated repealed, subject to the provisions hereinafter contained, as from the commencement of this Act, and

sections twenty-eight and twenty-nine of the said Act are repealed as
from the day of the vote at the Parliamentary general election next

following such commencement.

4 . This Act is divided into Parts, as follows:—

P A R T I . — P R E L I M I N A R Y — s s . 1-5.

P A R T I I . — L I C E N S I N G COURTS—s. 6.

P A R T I I I . — L I C E N S E S U N D E R P A R T I I I OF P R I N C I P A L A C T —

ss. 7 - 2 4 .

P A R T	I V . — L I C E N S E S	GENERALLY— s s .	25—41.
P A R T	V . — C L U B S — s s .	12-62.
P A R T	V I . — L O C A L	OTTION—SS.	6 3 - 7 8 .

5 . (1) The definition of spirit merchant in section three of the

Principal Act is repealed, and the following is substituted in its place—

" Spirit merchant" means any vendor or exhibitor for sale in any shop or premises of liquor in quantities at any one time of not less than two gallons of the same description of liquor; but does not include a licensed auctioneer or broker selling or

offering for sale any liquor on account of another person.

(2) "Near relative or connection" means wife, son, step­

son, son-in-law, daughter, step-daughter, daughter-in-law, brother, half-brother, step-brother, sister, half-sister, step-sister, father, step­ father, mother, step-mother, father-in-law, or mother-in-law.

P A R T I I .

L I C E N S I N G COURTS.

6. In addition to the disqualifications mentioned in paragraph

four of section live of the Principal Act, a person shall be disqualified from being appointed or holding office as a member of a licensing court if any of his near relatives or connections is the holder of any

license granted in respect of any premises situate in the licensing

district for which such licensing court is proposed to be or is appointed,
or is beneficially interested in any trade or calling exercised under any

license so granted.

ANY person so disqualified who knowingly and wilfully acts as

a member of such court shall be guilty of a misdemeanour.

P A R T

P A R T I I I .

LICENSES UNDER P A R T I I I OF P R I N C I P A L ACT.

7 . The provisions of this Part relate to licenses and licensees

and licensed premises under Part I I I of the Principal Act.

The supplying of liquor.

8 . (1) Any licensee who on his licensed premises gives, sells,

or supplies, or allows to he given, sold, or supplied, except in case of

sickness or accident, any liquor to—

(a) any person under the age of eighteen years;

(b) any aboriginal native of Australia; or

(c) any person belonging to any of the coloured races of the South Pacific Islands;

shall he liable to a penalty not exceeding ten pounds.

(2) Any person, other than the licensee, who on any licensed

premises supplies, except in case of sickness or accident, any liquor to—

(a) any person under the age of eighteen years;

(b) any aboriginal native of Australia;

(c) any person belonging to any of the coloured races of the South Pacific Islands ;

(d) any person then in a state of intoxication ;
(e) any prohibited person ; or

(f) any person who is not lawfully entitled to be supplied with liquor, shall be liable to a penalty not exceeding ten pounds.

(3) In any prosecution for an offence under the two last

preceding subsections alleged to have been committed in relation to a person under the age of eighteen years, it shall be a sufficient defence
if the accused proves that such person was apparently above such age.

(4) For the purposes of this section, the expression

"aboriginal native of Australia" means any full blooded aboriginal native of Australia, and any person apparently having an admixture of

aboriginal blood who— (a) is in receipt of rations or other aid from the Aborigines Board; or

(b) is residing on a reserve granted for the use of aboriginal natives of Australia.

9 . Any person who sends a person under the age of fourteen

years to licensed premises for the purpose of obtaining any liquor shall
be liable to a penalty not exceeding forty shillings.

1 0 . I f any person under the age of seventeen years is for any

purpose in the bar of any licensed premises the licensee of such premises shall forthwith remove or cause to be removed such person from the bar.

Any licensee who fails to comply with the provisions of this

section shall be liable to a penalty not exceeding two pounds.

o 1 1 .

1 1 .    I f any person against whom a prohibition order under section

fifty-two of the Principal Act is in force enters or is found in the bar of any licensed premises, except for some lawful purpose, he shall
be liable to a penalty not exceeding five pounds.

Any licensee of such premises who knowingly permits such person to be or remain in such bar shall be liable to a penalty not

exceeding ten pounds.

1 2 . I f any licensee permits drunkenness or any indecent, violent,

quarrelsome, or riotous conduct to take place on his licensed premises he shall be liable for the first offence to a penalty not exceeding five pounds and for the second or any subsequent offence to a penalty not

exceeding twenty pounds.
Where any licensee is charged with permitting drunkenness on his licensed premises, and it is proved that any person was drunk on his premises, it shall lie on the licensee to prove that he and the persons employed by him took all reasonable steps to prevent drunkenness on the premises.

1 3 . I f any licensee allows any female under the age of

twenty-one years, other than his wife or daughter, to sell, supply, or serve liquor in any bar in his licensed premises, he shall be liable for every such offence to a penalty not exceeding five pounds.

Premises used for prostitution.

1 4 .    I f any licensee permits his licensed premises, or any portion

thereof, to be used for purposes of prostitution, he shall be liable to a

penalty not exceeding ten pounds.

Sanitary provisions.

1 5 .    ( 1 ) Every licensee shall —

(a)	cause his licensed premises to bo furnished with proper sanitary appliances sufficient for any lodgers or inmates of
the premises;
(b)	maintain such appliances and any room or place in which they are in a good sanitary condition ;
(c)	keep his licensed premises free from offensive or unwhole­ some matters.

(2) Any licensee who fails to carry out the provisions of

this section shall be liable to a penalty not exceeding ten pounds.

Times of selling.

1 6 . ( 1 ) No licensee shall keep his licensed premises open for the sale of liquor, or shall sell any liquor, or permit the same to be consumed, on the said premises—

(a) upon any Sunday ; (b)

(b) upon any Good Friday or Christmas Day, except for the sale between the hours of seven and nine in the morning, and of one and three in the afternoon, and of eight and ten at night,

of liquor not to he consumed on the premises;

(c) upon any day upon which any election of Members of the

Senate or of the House of Representatives of the Parliament

of the Commonwealth or of the Legislative Assembly of

New South Wales is being held, during the hours when votes may be recorded at such election :

Provided that in the case of a bye-election this paragraph shall apply only to licensed premises situate within the electorate in respect of which such bye-election is being held.

(d) upon any other day except between the hours of six in the morning and eleven at night :

(2) Provided that nothing in this section shall relate to—

(a)	the sale or consumption of liquor to or by any bona fide lodger, servant, or inmate, if the liquor is not drunk at the public bar of the licensee's premises; or
(b)	the sale or consumption of liquor to or by any bona fide traveller at such bar or elsewhere on such premises.

(3) Every licensee who offends against the provisions of

this section shall for every such offence be liable to a penalty not

exceeding twenty pounds.

(4) livery separate sale in contravention of the provisions

of this section shall be a separate offence.

(5) So much of sections sixty-four, sixty-five, sixty-six, and

sixty-seven of the Principal Act as relates to the provisions of section

sixty-three of that Act shall apply to the provisions of this section.

1 7 . (1) Every person, not being a bona fide lodger, servant,

inmate, or traveller found drinking liquor in any licensed premises at any time when such premises should not be open for the sale of liquor, shall for every such offence be liable to a penalty not exceeding

two pounds.

(2) Every person found on any such premises at any time

when such premises should not be open for the sale of liquor, shall, unless he satisfies the court that he was at the time when he was so found a bona fide lodger, servant, inmate or traveller, or that his presence on such premises at such time was not in contravention of the provisions of this Act, be liable to a penalty not exceeding two pounds.

1 8 . (1) In any prosecution for an offence against either of the

two last preceding sections, any liquid shall be deemed to be liquor

unless the contrary be proved.

(2) In the construction of such sections a bona fide

traveller shall have the meaning defined in section sixty-four of the

Principal Act. 1 9 .

1 9 .    (1) Any member of the police force appointed in that behalf,

or any member of the police force of or above the rank of senior constable, may demand from any person found on any licensed premises at any
time when such premises should not be open for the sale of liquor the name and address of such person, and if he has reasonable ground to suppose that the name or address so given is false, may require such person to produce evidence of the correctness of the name or address given by such person.

(2) I f any such person, on demand being made as afore­

said, refuses or neglects to give such name or address, or fails, without reasonable cause, to produce any such evidence as aforesaid, such member of the police force may without any warrant apprehend such person forthwith, and shall bring him before some justices as soon as practicable to be dealt with according to law.

(3) Every such person who, on demand being made as afore­

said, refuses or neglects to give his name or address, or fails, without reasonable cause, to produce any such evidence as aforesaid, or gives a

false name or address, or produces false evidence with respect to such

name or address, shall be liable for every such offence to a penalty not

exceeding two pounds.

(4) Every licensee, upon whose licensed premises any person

is so found, shall, unless he proves to the satisfaction of the court or justices that such person was on such premises for a lawful purpose, be liable to a penalty not exceeding five pounds.

Supply of meals and accommodation.

2 0 . I f any person supplied with meals or accommodation at

licensed premises, on demand of payment being made by the licensee

of such premises, or by his servant or agent, refuses to pay a reasonable
sum for such meals or accommodation, he shall be deemed a rogue and

a vagabond and shall be liable to be dealt with as such under the

Vagrancy Act, 1902.

Bars.

2 1 . (1) No licensee shall sell or supply liquor in more than

one bar-room in or upon his licensed premises, unless he has obtained

the permission of the court so to do. But the provisions of this subsection shall not apply to any person holding a publican's license at the commencement of this Act, until the expiration of six months from such commencement.

For the purposes of this section, a room divided into compartments

by wooden partitions, approved by the licensing court, shall be one

room if there are doors in the partition giving at all times direct
access from one such compartment to another.

(2) Every applicant for such permission shall, with the

notice of his application, deposit with the clerk of the court the fee

hereinafter mentioned, and deliver a plan showing the position of the

proposed additional bar-room. (3)

(3) A fee of twenty pounds shall he paid annually in

respect of every additional bar-room for which such permission is

granted, in addition to the fee payable for a new license or renewal.

(4) No such additional bar-room shall be deemed to form

any part of the accommodation required by section twenty-four or
section twenty-live of the Principal Act.

(5) No licensee shall let or sublet any bar or the right to

sell liquor on his licensed premises.

2 2 . The following fees shall be paid annually for publicans'

licenses—

(a) ten pounds where the licensed premises arc assessed by the

licensing court of the district at an annual value of not more

than fifty pounds;

(b)	twenty pounds where such premises are so assessed at an annual value of more; than fifty pounds and not more than one hundred pounds;
(c)	an additional five pounds for every fifty pounds over one hundred pounds of such assessed annual value ;

(d) maximum license fee in any case of one hundred pounds.

Reduction of licensing fee.

2 3 . I f it appears to a quarterly licensing court that any

premises in respect of which a publican's license is in force are actually required for the accommodation of travellers, and that such premises are not accessible by any practicable roadway to any other licensed premises situate within seven miles of such first-mentioned premises, such court may, if it thinks proper, reduce the fee payable
for such license to one half of the prescribed fee, such fee in any case

not being less than ten pounds. Such reduction shall take effect on the expiration of the license or the renewal of the same then current.

2 4 . Where the fee payable for a publican's license has, before

or after the commencement of this Act, been reduced in pursuance of section twenty-two of the Principal Act, or of the last preceding	section, and it subsequently appears to a quarterly licensing court that
the reasons for such reduction or some of such reasons no longer exist in respect of the premises so licensed, the court may raise such fee to the full amount payable for such license. The fee so raised shall be payable on the expiration of the license or the renewal of the same then current.

P A R T

P A R T I V .

LICENSES GENERALLY.

Cancellation of licenses.

2 5 . Upon the complaint of any inspector a licensing court

may summon any licensee to appear before such court and show cause why bis license should not be cancelled. Upon the appearance of such

licensee, or in his absence after being duly summoned, such court shall

proceed to hear and determine the matter of such complaint, and may adjudge such license to be cancelled absolutely or for such period

(not being less in any case than twelve months) as the court may

determine.

The following provisions shall take effect for the purposes of

this section—

(a) every such summons shall be served upon the licensee not less than fourteen days before the day appointed for the hearing

of the complaint, or if such licensee evades service thereof, or is absent at the time of attempted service, it shall be sufficient

if the summons is posted up in a conspicuous place on his
licensed premises, or be left with any inmate thereof apparently

above the age of sixteen years, not less than seven days before such appointed day ;
(b)	every such complaint shall be heard and determined at a special sitting of the licensing court, provided that a quarterly

licensing court shall, if the provisions of the preceding

paragraph have been complied with, be competent to hear and determine the same ;
(c)	the court, at the instance of the complainant or licensee may, in its discretion, adjourn the hearing for any time not

exceeding fourteen days ;

(d)	the names of all licensees whose licenses are cancelled under this section, together with the particulars of their licenses
and licensed premises, shall be published in the Gazette
within fourteen days after such cancellation.

2 6 . Upon any such complaint the court shall cancel a license

if the licensee is proved to have been before or after the commence­

ment of this Act convicted while being the holder of a license—

(a)	of felony or of any offence for which he has been sentenced to imprisonment with hard labour;
(b)	of permitting his premises or any portion thereof to be used

for purposes of prostitution ;

(c)	three limes within three years of any offence (whether of the same or different kinds) against the Principal Act or this Act ;
(d)	of any offence which by any such Act is punishable by the

cancellation or forfeiture of the offender's license:

Provided

Provided that if a license is liable to be cancelled only on the ground mentioned in paragraph (a) of this section, the court may (unless the premises are. liable to be disqualified under this Act), on the application of the wife of the licensee or any of his family above the age of twenty-one years, or of the person for the time being entitled to receive the rents or profits of the licensed premises, transfer the

license to such wife or to some member of the family, or to some other
person approved by the court.

2 7 . I f three previous convictions for offences (whether of the

same or different kinds) under the Principal Act or this Act are proved to have been made before or after the commencement of this Act against a licensee within the three years next preceding, the licensing court shall declare and order such licensee to be, and he shall thereupon

be, disqualified for a term of three years from holding any license

whatever under the Principal Act or this Act.

2 8 . The following provisions shall apply to any proceedings

under the two last preceding sections :—

(a) A conviction under section forty-four, ninety, ninety-five, or one hundred of the Principal Act, or section fifteen of this

Act, shall not be reckoned as a conviction for an offence

against the said Acts respectively ;

(b) A conviction may be proved by the certificate of the officer having the custody of the records of the court in which such

conviction was had ;

(c) Nothing in the said sections shall prevent the infliction of any pecuniary penalty or forfeiture or cancellation of license or any term of imprisonment to which the licensee would other­ wise be liable, or shall preclude the exercise of any power given by the Principal Act or this Act.

2 9 . Any person whose license is cancelled, or who is declared

disqualified under the above provisions, shall, during the continuance

of such cancellation or disqualification, be deemed for all purposes as

aforesaid to be disqualified. Every such cancellation and disqualifica­

tion shall, during the full term thereof, enure and be operative for

the respective purposes thereof throughout New South Wales.

Disqualification of premises.

3 0 .    (1) I f any licensee is convicted—

(a) of any offence against section eight, or of permitting drunken­ ness or indecent conduct on his premises in contravention of

section twelve of this Ac t ; or

(b)	of any offence against section forty-six or section fifty-two of the Principal A c t ; or
(c)	of permitting his premises or any portion thereof to be used
for purposes of prostitution ; or (d)

(d) of any offence under the provisions of Part IX of the Public Health Act, 1902, relating to unwholesome or adulterated liquor, or under section one hundred and two or section one hundred and three of the Principal Act ; or

(e) of any offence against section fifteen of this Act.

And if two previous convictions for any of such offences (whether of the same or different kinds) are proved to have been made after the commencement of this Act against him within the three years next preceding while licensee of the same premises, the court shall cancel the license of the premises, and may disqualify such premises from being licensed for a period of two years.

(2) Where a licensee is convicted of any such offence the

clerk of the court before which the conviction was held shall give

notice in writing thereof to the owner of the premises.

3 1 . I f within any period of two years there have been made

four convictions for any of the offences mentioned in the last preceding

section (whether of the same or different kinds) against a licensee or

against two or more successive licensees of the same premises, such premises may be disqualified from being licensed for two years from the date of the last of such convictions.

3 2 . Where by order of a court any licensed premises are for

any period disqualified to be licensed, the court shall cause the order to be served on the owner of such premises, where the owner is not

occupier, together with a statement that a licensing court will be held

at a time and place therein specified, at which the owner may appear and appeal against such order on all or any of the following grounds
only, and may in its discretion suspend the operation of the order

disqualifying the premises until the hearing of the appeal : —

(a) That notice, as required by this Act, has not been served on the owner of a prior offence which, on the committing of

a subsequent offence or subsequent offences, renders the

premises liable to be disqualified as aforesaid;

(b) That either because of the provisions of a lease made prior to	the first day of December, one thousand nine hundred and
five, or because of the provisions of any Act of Parliament, the
owner could not legally have evicted the tenant in the interval between the receipt by him of notice of the next prior offence as aforesaid and the committing of the offence in respect of which the disqualifying order was made; or
(c)	That the offence in respect of which the disqualifying order was made occurred so soon after the receipt of such notice that the owner, notwithstanding he had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred between the said
notice and the subsequent offence.

I f

I f the owner appears at the time and place specified, and satisfies

the court that he is entitled to have the order cancelled on any of the grounds aforesaid, the licensing court shall thereupon direct such order to he cancelled, and the same shall be void

3 3 . (1) Where a licensee has neglected to give the notice

prescribed in section thirty-eight of the Principal Act ten days prior to the holding of the licensing court appointed to be held next before the expiry of the license, or having given such notice neglects to apply to such court in pursuance thereof, the owner of the licensed premises may give such notice not less than live days prior to the holding of such court, and the court may grant such renewal on the application of the said owner: Provided that the said court may grant such renewal although such last-mentioned notice has not been given,

or has been given after the time prescribed as aforesaid.

(2) When such application is made by the owner, it shall

not be necessary to produce the license of the premises.

(3) For the purposes of this section "owner," in cases

where the occupier is not the owner, means the person entitled to the

rent payable by the occupier.

3 4 . Section live of the Principal Act is amended, as follows :—

(a) Subsection eight is amended by inserting the words "or

" Minister" after the word " Governor" in that subsection.

(b) Subsection eleven is repealed, and in place thereof, the following provisions shall have effect—

(11) The Governor may appoint any person to be for such period as he specifies a deputy licensing magistrate of the court of a licensing district ; and. such deputy may, in the

case of the death, removal, resignation, or absence of any licensing magistrate, exercise all the powers vested in, and

shall perform all the duties cast upon a licensing magistrate

by this Act.

The Governor may also appoint any person to act

for such period as he specifics as a member of a licensing

while such member is acting as deputy licensing magistrate. court during the absence of a member of such court or

3 5 . Section eleven of the Principal Act is amended as

follows :—

(a) The proviso to the section is amended by omitting the words "as aforesaid," and the notice to which those words refer shall be given by affixing the same on the outer door of the court-house or building in which the court is to be held.

(b) The following provision is hereby added to the said section :—

" A quorum of a licensing court may, without notice

of their sitting, hear and determine and deal with any
matters which may be heard, determined, or dealt with by a

licensing magistrate sitting alone." 3 6 .

3 6 . Subsection four of section twenty-three of the Principal

Act is amended by inserting the words " seventy-nine " in place of the
words " eighty-one " in that subsection.

3 7 . Section twenty-six of the Principal Act is amended by

inserting the words " or such further period not exceeding six months as the court may allow " after the words " twelve months " in that

section.

3 8 . Section thirty-three of the Principal Act is amended by

inserting the words " three months " in place of the words " twenty -

eight days " in that section.

3 9 . Section forty-two of the Principal Act is amended as

follows :—

(a) By inserting the words " or by dilapidations, or by reason that such premises are being repaired or rebuil t" after the words

" or other calamity " in that section.

(b) By inserting "twelve months" in place of " six calendar months" in that section.

(c) By adding the following provision : —

" A n y owner or licensed publican desirous of making any material alterations or additions to his licensed premises shall apply to the court for permission to do so, and shall furnish the court with a properly drawn plan showing such alterations and additions proposed to be made ; and if any such owner or licensee makes any material alterations or additions to his licensed premises without the permission of the court, the license shall be liable to cancellation."

4 0 . Subsection four of section seventy-one of the Principal

Act is amended by inserting the words "seventy-five" in place of

"seventy-seven" in that subsection.

4 1 . Section seventy-five of the Principal Act is amended by

adding the following provision : —

" I f a licensed spirit merchant sells liquor in quantities not

authorised by bis license, he shall be liable to a penalty not exceeding

ten pounds."

P A R T

P A R T V.

CLUBS.

Preliminary.

4 2 . In this Part, unless the context requires another meaning—

" I n s p e c t o r " means inspector tor the licensing district within

which the club premises are situate.

" Registered club " means club registered under this part.

" Register of members " means register of members of a registered

club prescribed by this Part to be kept by the secretary.

"Sec re t a ry" includes any officer or other person performing the duties of secretary of a club.

Application of Principal Act and this Act.

4 3 . Sections forty-six, forty-seven, fifty-one, and fifty-two, and

Part V I of the Principal Act, and sections eight to nineteen of this

Act, shall apply to registered clubs governed by this Act.

In applying such enactments " club premises " shall be read for

" licensed premises " and "secretary of the c l u b " for " l i censee" or

" holder of a license under Part I I I of the Principal Act ."

Conditions of registration.

4 4 . No club shall be or continue to be registered under this Part

unless all the following conditions exist with respect to it, namely :—

(a) The club must be a bona fide association or company of not

less than forty persons in the case of a club established at

any place within a radius of fifteen miles from the General
Post Office in Sydney, and not less than thirty persons in the ease of a (dub established elsewhere.

(b) The club must be a body, association, or company, associated together for social, literary, political, sporting, athletic, or

other lawful purpose.

(c)	The club must be established for the purpose of providing accommodation for the members thereof and their guests, upon premises of which such association or company are the bona fide occupiers.
(d)	The accommodation must be provided and maintained from the joint funds of the club, and no persons must be entitled under its rules to derive any profit, benefit, or advantage from the club which is not shared equally by every member thereof.
(c)	The premises upon which the club is established must be
suitable for the purposes of a club. (f)

(f)	No payment or part payment of any secretary, manager, or other officer or servant of the club shall he made by way of commission or allowance from or upon the receipts of the club for drink supplied.
(g)	A register of members of the club for the time being shall be kept on the club's premises as hereinafter required.

4 5 . In order that any club may be eligible to be registered, the

rules of the club shall provide that—

(a)	the business and affairs of the club shall be under the management of a committee elected for not less than twelve months by the general body of members ;
(b)	the committee shall hold periodical meetings, and minutes

of all resolutions and proceedings of such committee shall

be entered in a book to be provided for that purpose;

(c) the names and addresses of persons proposed as ordinary members of the club shall be displayed in a conspicuous

place in the (dub premises for at least a week before their election, and an interval of not less than two weeks shall

elapse between nomination and election of ordinary members;

(d) all members shall be elected by the general body of members,

or by a general or an election committee, at a meeting or

meetings duly convened, and a record shall be kept by the secretary of the club of the names of the members present and voting at such meetings ;

(e) there shall be a defined subscription of not less than one pound per annum, payable by members quarterly, half-yearly,

or annually in advance ;

(f) correct accounts and books shall be kept, showing the financial

affairs of the club and the particulars usually shown in

books of account of a like nature ;

(g)	a visitor shall not be supplied with liquor in the club premises
unless on invitation and in the company of a member;
(h)	no persons shall be allowed to become honorary or temporary members of the club or be relieved of the payment of the regular subscription, except those possessing certain qualifi­ cations defined in the rules, and subject to conditions and regulations prescribed therein ;

(i) no person under twenty-one years of age shall be admitted a member of the club : Provided that where the club is primarily devoted to some athletic purpose, there shall be no limitation of the age of a member of the club. No liquor shall be sold or supplied to any person under twenty-one years of age :

Provided

Provided that in the case of a club primarily devoted to some athletic purpose, the management of which is vested in trustees appointed by the Governor, such club shall, if the Governor so declares by proclamation in the Gazette, be exempted from compliance with the provisions of paragraphs (a), (c) , and (d) of this section, and

of paragraph (c) of the last preceding section, and such trustees shall for the purposes of this Act be deemed the elected committee of the

club.

Grant and renewal of certificates of registration.

4 6 . (1) The secretary of any club desirous of obtaining a

certificate of the registration of the club under this Act shall—

(a)	at least fourteen days before applying for the same deliver to the clerk of the licensing court for the licensing district in which the premises of the club are situate a notice in writing, and in duplicate, signed by the secretary, in the form prescribed;
(b)	publish a copy of such notice on one day in each week for at

least two weeks preceding his application (and so that the last

of such publications is not less than eight days before the

time at which the application is to lie made), in a newspaper published in the electorate, or if none is so published, then in a newspaper generally circulating in the electorate;

(2) Such application shall be accompanied by the following

documents, namely :—

(a)	Two printed copies of all rules of the club, certified as correct under the hand of the secretary.
(b)	A statement, verified by statutory declaration, of the names and addresses of bona fide members of the club at the date

of the application.

4 7 . (1) The secretary of any club desirous of obtaining a

renewal of its certificate of registration shall, at least ten days before applying for such renewal, deliver to the clerk of the licensing court

for the licensing district in which the premises of the club are situate

a notice in writing, and in duplicate, signed by the secretary, in the form prescribed.

(2) Such notice shall be accompanied by the following

documents, namely :—

(a)	Two printed copies of all rules of the club, certified as correct under the hand of the secretary.
(b)	A statement verified by statutory declaration of the number

of bona fide members of the club at the date of the

application.

4 8 . (1) Where application is made for the grant or renewal of

any such certificate, the clerk of the licensing court shall forthwith forward a copy of such application to the inspector for inquiry and

report;

report; and on receipt of notice of any objection which may lawfully
be taken as hereinafter in this Act provided shall forward a copy of the

same to such inspector for inquiry and report, and to the secretary of

the club.

(2) Such inspector, on receipt of any such notice if

authorised in writing by a stipendiary or police magistrate, shall inspect the premises of the club and the register of its members, and

satisfy himself by proper inquiries that the particulars contained in

the application are correct.

4 9 . I f on any application being made for the grant or

renewal of any such certificate a notice of objection has not been duly given, the clerk of the licensing court shall grant or renew the

certificate ; but if notice of objection is so lodged, the matter of the

application shall be inquired into and dealt with by the court.

5 0 . (1) At the bearing of any such application, objections

may be taken by any corporation or person hereinafter in this Act

mentioned, upon one or more of the following grounds :—

(a)	That the application made by the club, or the rules of the
club, or any of them, are in any respect specified in such objection not in conformity with this Act.
(b)	That the club has ceased to exist, or that the number of members is less than forty or thirty, as the case may be, according to the locality in which the premises are situated.
(c)	That it is not conducted in good faith as a club, or that it is kept, or habitually used, for any unlawful purpose or mainly

for the supply of liquor.

(d) That there is frequent drunkenness in the (dub premises, or that persons in a state of intoxication are frequently seen to

leave the club premises, or that the club is conducted in a

disorderly manner.

(e) That illegal sales of liquor have taken place in the club premises.

(f) That persons who are not members are habitually admitted to the club premises merely for the purpose of obtaining liquor.

(g) That the club occupies premises which have been disqualified,

or of which the license has been cancelled, or the renewal thereof has been refused within twelve months next preceding

the formation of the club.

(h) That the supply of liquor to the club is not under the control

of members of the committee appointed by the members.

(i) That any of the rules of the club are habitually broken.

( j ) That the rules have been so changed as not to be in conformity with the provisions required by this Act to be embodied in the rides,

(k)

(k) That persons are habitually admitted as members without an interval of at least two weeks' between nomination and

election, contrary to the provisions of this Act.

(1) That the supply of liquor on the club premises is not under

the control of the members or the committee, contrary to
the provisions of this Act.

(m) That any other specified provision of this Act has not been complied with.

(2) For the purpose of determining whether a club is

conducted in good faith as a club, the court shall have regard to the
nature of the premises occupied by the club.

5 1 .    Any objection to the grant or renewal of any such certificate

may be taken by—

(a) an inspector;

(b)	the council of the municipality or other local government area within which the premises of the club are situate ;
(c)	any freeholder, leaseholder, or person residing on. property situate within one mile from such premises if they are situate within a municipality, or within live miles from such premises

if they are situate elsewhere.

The signatures to any such objection when made by any person

described in paragraph (c ) shall lie witnessed by a justice or a member

of the police force.

52. When an application for the registration of a club is granted,

a certificate of registration under the hand of the clerk of such court,

in the form prescribed, shall be issued to the club. A fee of f ive pounds shall he paid in respect of the grant or renewal of such

certificate for the first forty members of the club, and a further sum
of one pound for every additional forty members or fraction thereof.

5 3 . When any application for a certificate or renewal is

refused, the chairman of the licensing court shall pronounce the decision in open court, and shall state the grounds of the refusal, and shall cause the same to lie entered on the records of the court. Duration of certificates and renewals,

54. (1) Subject to this Act, every certificate of registration of

a (dub shall commence and take effect from the date on which it is

therein stated to commence, and shall, unless previously cancelled or suspended, be in force until and including the thirty-first day of
December then next following.

(2) A renewal shall be for twelve months from the day

when the certificate or the next preceding renewal thereof expires.

Removals.

Removals.

5 5 .    ( 1 ) The premises of a registered club may be changed under

the authority of a certificate of removal.

When such club desires to remove from the premises occupied

by it to any other premises, the secretary shall, at least fourteen days

before applying for a certificate, deliver to the clerk of the licensing
court a notice as nearly as may be in the form prescribed.

(2) I f on any such application a notice of objection has

not been duly given, the clerk of the licensing court shall issue the
certificate of removal; but if notice of objection is so given, the matter

of the application shall be inquired into and dealt with by the court.

(3) The only objection that can be taken to any such

application shall be that the proposed premises are not suitable for a
club.

(4) Provided that if the premises of a club are, by lire,

tempest, or other calamity, or by dilapidations, or by reason that such premises are being repaired or rebuilt, rendered unfit for the purposes thereof, the club may, without application to the licensing authority, remove to other premises, under its existing certificate, for any period not extending beyond the currency of the certificate. Notice of such removal and of the reason therefor shall, however, be forthwith given

by the secretary to the clerk of the licensing court.

Notices to he given of objection.

5 6 . No objector shall be beard against any application unless

notice of the objection has been given to the clerk of the licensing court

and to the applicant at least five clear days before the time appointed

for the hearing of the application to which such notice applies :

Provided that the court shall not bo precluded from entertaining
any objection which may arise during the hearing of an application, but

the applicant shall then be entitled to an adjournment for such time,

not less than three days, as the court thinks fit. Hearing of applications.

5 7 .    The licensing court shall hear the application and objections,

and may order such inquiry as it thinks fit, and thereafter shall grant or refuse the application. Upon the grant of the application the court shall cause the entries required by this Act to be made in the register to be kept by the clerk of such court.

If, in the opinion of the court, any objection is frivolous or

vexatious, the person making the objection shall, on the order of the

court, be liable to pay the costs of the applicant in the proceedings.

Cancellation

Cancellation of registration.

5 8 . (1) Upon the complaint of an inspector, made upon oath, a

stipendiary or police magistrate may issue a summons to the secretary
of any registered club calling upon him to show cause at a licensing
court why the certificate of registration of the club should not be
cancelled on all or any of the grounds of objection which might have
been taken as hereinbefore provided to the grant or renewal of a
certificate.

(2) Such summons shall be served at least ten days

before the day appointed for the meeting at which the matter is to be
heard.

I f the secretary of any registered club cannot be found, or if

there is no secretary, such summons may be served by affixing the

same upon a conspicuous part of the premises of the club.

(3) The licensing court shall hear and determine the

matter of such complaint, and may—

(a) cancel the certificate ; or

(b) suspend the certificate until any conditions prescribed by this

Act are complied with ; or

(c) dismiss the complaint.

(4) The costs of the hearing and determination of every

such matter shall be in the discretion of the licensing court.

(5) During the period of any such suspension as aforesaid

the club shall be deemed to be an unregistered club.

Unlawful sale of liquor.

5 9 . (1) I f on the premises of an unregistered club any liquor

is sold or supplied to any person, whether a member of such club or
not, the person selling or supplying such liquor, and every person authorising such sale or supply, shall be liable to a penalty not
exceeding fifty pounds ; and for a second or subsequent offence, to
imprisonment for any period not exceeding two months, or to a

penalty not exceeding one hundred pounds, or to both.

(2) If any liquor is kept for sale or supply on the premises,

every officer and member of the club shall be liable to a penalty not exceeding ten pounds, unless he proves, to the satisfaction of the court, that such liquor was so kept without his knowledge or against his orders.

(3) Provided that with respect to any club which was formed

before the first day of November, one thousand nine hundred and five,
and was bona fide used on that day as a club, the operation of this
section, and the repeal by this Act of subsection five of section thirteen
of the Principal Act, shall not take effect until the first day of March,

one thousand nine hundred and six,

P Inspection.

Inspection.

6 0 . (1) I f a stipendiary or police magistrate or chairman of a

licensing court is satisfied, by complaint on oath, that there is reasonable

ground for supposing that any registered club is so managed or carried on as to constitute a ground for the cancellation or suspension of the

certificate of registration thereof, or that any liquor is sold or supplied,

or kept for sale or supply, on the premises of an unregistered club,

he may grant a search warrant to any member of the police force

named therein.

(2) A search warrant granted under this section shall

authorise the member of the police force named therein to enter the club on any week-day or Sunday, at any time of the day or night, and to inspect the premises of the club to take the names and addresses of any persons found therein, and to seize any liquor kept for sale; or supply as aforesaid, and the vessels containing the same, and any books and papers relating to the business of the club.

(3) I f admittance to such promises is refused or unreason­

ably delayed to a member of the police force authorised as aforesaid,
such member may break into the premises with such assistance as may

be deemed requisite. Any person who refuses or wilfully so delays

admittance as aforesaid shall be liable to a penalty not exceeding ten

pounds.

(4) I f any person in any registered club, entered by a

member of the police force under this section, on being asked by such member his name or address, refuses or neglects to give such name
or address, or wilfully gives a false name or address, he shall be liable

to a penalty not exceeding five pounds.

Register of members of a club.

6 1 . The secretary of a registered club shall keep on the club

premises a register of members, setting forth the names in full, occupations, and addresses of all members of the club, and the date of the latest payment by each member of his subscription. Such register

member of the police force authorised in writing by any member of	shall be open at any time to the inspection of the inspector or any
the licensing court.
Any secretary who fails to keep such register containing the prescribed particulars, or who wilfully makes any false entry therein,
or any secretary or other person who prevents or obstructs any such
inspection as aforesaid, shall be liable to a penalty not exceeding fifty pounds.

Penalties.

6 2 .    I f the secretary of any club makes, in a statutory declaration,

any statement which he knows to be false in. any material particular, he shall be liable to imprisonment for a term not exceeding six months.

PART

P A R T V I .

LOCAL OPTION.

Preliminary.

63. In this Part, unless the context requires another meaning,—

" Elector " means person qualified to vote at a general election in the electorate.
"Elec tora te" means electoral district for the election of a Member to serve in the Legislative Assembly.

" General election " means Parliamentary general election for the

return of Members pursuant to writs issued upon the disso­
lution or expiry of the Legislative Assembly.

" License" means publican's or colonial wine license and includes the registration of a (dub.
"L icensee" means holder of a publican's or colonial wine license, and includes the secretary of a registered club.

" Licensed " as applied to premises means premises in respect of

which a publican's or colonial wine license is in force, and
includes the premises of a registered club.

Maximum number of licenses.

6 4 . The number of publicans' or colonial wine licenses in an

electorate shall not, except in pursuance of special authority granted
as hereinafter in this Act provided, at any time exceed the number of
licenses of the same description, in the electorate at the commencement
of this Act, including therein conditional licenses and applications
pending for licenses of premises in respect of which publicans' or
colonial wine licenses were held within four months before the
commencement of this Act.
The number of clubs in an electorate shall not at any time

exceed the number of clubs formed before the first day of November,

one thousand nine hundred and five, and bona fide used on that day

as clubs, and registered under this Act on or before the first day of March, one thousand nine hundred and six.

65. Where a petition is presented to the Governor asking that

a license may be granted for certain specified premises, and such
petition is signed by a majority in number of the adult residents living in an area within a radius of one mile from the said premises, and it is shown by such petition that—

(a) there has been a large increase of population in the said area

since the number of licenses in the electorate was fixed by or under this Act, and that such increase of population is likely to be permanent;

(b)	there are insufficient licensed premises to meet public require­
ments within such area ; (c)

(c) no transfer of an existing license to the premises specified in the petition has been applied for.

the Governor shall refer such petition for inquiry in open court
by a licensing court.

If, on such inquiry and after hearing evidence, the said court is of opinion that the petition should be granted, it shall make a
recommendation to that effect to the Governor.

On the receipt of such recommendation, the Governor may

grant the petition, and shall so declare in the Gazette; and thereupon

a license or a transfer of a license may be granted for the said

premises, notwithstanding that by such grant the number of licenses in the electorate will exceed the number therein as specified in the last preceding section or at the time of the taking of a vote under this Part, or the number fixed in pursuance of a vote for the reduction of the number of licenses in the electorate :

Provided that this section shall not apply where a resolution

under this Part is in force that no licenses be granted in the electorate.

The vote.

6 6 . (1) A vote of electors under this Part shall be taken in

every electorate at the places and on the day fixed for the poll therein
at each general election :

Provided that where such election is held within eighteen months after the polling-day for the then outgoing Parliament, the vote shall not be taken at such election, but on the day fixed for the poll at the next succeeding general election.

(2) The first vote shall be taken at the general election

next following the commencement of this Act.

(3) The vote taken in any electorate shall be given effect

to within such electorate .

Resolutions to lie submitted.

6 7 . (1) Except where resolution C of this section has

previously been carried, and is in force in an electorate , the following

resolutions shall be submitted to the vote of electors :—

(a)	That the number of licenses existing in the electorate
continue. (Resolution A.)
(b)	That the number of licenses existing in the electorate be
reduced. (Resolution B . )
(c) That no licenses be granted in the electorate.	(Resolution C.)

And the voting paper shall be in the form of Schedule Two.

(2) Where resolution C has been previously carried, and

is in force in the electorate, the resolution submitted shall be :—

(d) That licenses be restored in the electorate. (Resolution D.)

And the voting-paper shall be in the form of Schedule Three.

When

When resolutions carried.

6 8 . (1) Resolution A or B of the last preceding section is

carried if a majority in number of the votes given is in favour of any

such resolution.

(2) Resolution C is carried if three-fifths at least in number

of the votes given is in favour of that resolution: Provided that where less than such number is so given, the votes given in favour of resolution
C shall be added to the votes given for resolution B .

(3) Resolution 1) is carried if three-fifths at least in number

of the votes given is in favour of that resolution.

(4) Provided that resolution C or D shall not be carried

unless thirty per centum or more of the number of electors on the

electoral rolls for the electorate vote for such resolution.

Effect of carrying resolutions.

6 9 .    I f any resolution is carried it shall be notified in the Gazette,

and shall, subject to the provisions of this Act or the Principal Act, be given effect to within the electorate as follows, until altered by a subsequent vote:—

(a)	If resolution A is carried, the number of licenses of the respective descriptions shall not exceed the number at the time of the taking of the vote.
(b)	If resolution B is carried, the number of licenses of the respective descriptions at the time of the taking of the vote shall be reduced, and in each case may be reduced to three- fourths of such number.

(c) I f resolution C is carried, no licenses shall be granted, renewed, or transferred, and the provisions hereinafter in this Act

provided shall have effect.

(d) If resolution 1) is carried, licenses may be granted, renewed, and transferred, but so that the number of licenses shall not

be greater than the number held when the resolution C was

carried in the (doctorate, nor less than half such number.
(e)	If resolution I) is not carried, the resolution C previously carried shall continue to have effect until altered in pursuance

of this Act.

The enforcing of resolutions B and C.

7 0 . (1) For the purpose of effecting a reduction under this

Act of the number of licenses in an electorate, a special court shall be
constituted.
(2) A district court judge appointed by the Governor shall

be a member of and shall preside at each such court, and such court

shall be duly constituted if the said judge and one other member is

present. (3)

(3) Whore two or more licensing courts have jurisdiction

at some place or places within the electorate, the chairmen of such
licensing courts shall be members of the special court for the electorate.

(4) Where but one licensing court has jurisdiction within

the electorate, the Governor shall appoint the chairman of such court and one or more stipendiary or police magistrates to be members of the special court for the (doctorate.

7 1 . (1) Each such special court shall be a court of record, with

power to make all general and other rules necessary for the conduct

of its business, and for the enforcing of its orders and adjudications.

(2) The judge presiding at any such court may take,

administer, and cause to be taken and administered, oaths, declarations,

and affirmations in any matter within its jurisdiction.

(3) The provisions of section seven of the Principal Act

relating to a licensing court, and its chairman, and its proceedings, and to persons summoned to attend as witnesses, shall apply respectively to the special court aforesaid, and the judge presiding thereat and its pro­
ceedings, and to persons summoned to attend as witnesses at such court.

(4) A n y member of such special court, or any person

authorised by it in writing, may enter any licensed premises at any

time by day or night.

I f admittance to such premises be refused or unreasonably

delayed, after demand made by such member or person as aforesaid, the

licensee of such premises, and every person who wilfully refuses or delays

such admittance, shall be liable to a penalty not exceeding fifty pounds.

(5) The determination of any such special court shall be

final and conclusive.

7 2 . (1) Where resolution B is carried, the special court having

jurisdiction within the electorate shall—

(a)	determine the reduction 'o be made in the number of the existing licenses of the respective descriptions, exclusive of those which, under a previous vote, will cease to be in force at the expiration of the prescribed period :
Provided that —
(i)	Where such number exceeds twelve, and is less than twenty- four such number shall be reduced by at least two.
(ii)	Where such number is twenty-four or more, but is less than thirty-six, such number shall be reduced by at least three.
(iii)	Where such number is thirty-six or more, such number shall be reduced by at least four.
(b)	for the purpose of the said reduction, cause a classification

of the licensed premises to be made as hereinafter provided;

(c) make the reduction by declaring that certain specified licenses

of each description shall cease to be in force;

(d)	notify in the Gazette its determination, and give notice to the
licensees affected thereby. (2)

(2) The classification shall include licensed premises as to

which the following conditions or any of them apply :—

(a) There have within the three years next preceding the taking

of the vote been either two convictions for one of the following

offences or one conviction for two of such offences made

against the same or different licensees of the same premises,
that is to say,—

(i) selling or allowing to he sold any liquor to persons under the age of eighteen years or to prohibited persons;

(ii)   selling or allowing to be sold liquor to persons in a state

of intoxication;

(iii) allowing gaming to be carried on on the premises;

(iv)   permitting the premises, or any portion thereof, to be used

for purposes of prostitution ;

(v) permitting drunkenness on the premises;

(vi)  letting or subletting any bar or the right to sell liquor on the premises ;

(vii) selling liquor in prohibited hours;

(b)	there has within the said three years been a conviction of any licensee of the premises for any one of the said offences;
(c)	it is proved that the; business in the premises is so badly conducted as to be a serious inconvenience to persons requiring accommodation or a nuisance to neighbours, or that the premises are insufficiently provided with proper sanitary conveniences.

(3) In carrying out the said reduction the special court, in

determining what licenses shall cease to be in force, shall—

(a) consider the convenience of the public and the requirements

of the several localities in the electorate;

(b) subject to the above consideration, deal in the first place with the licenses of premises to which paragraph (a) of the last preceding subsection applies, and in the second and third places respectively with those to which paragraphs (b)

subsection two of this section applies, shall cease to be in force at and (e) of such subsection respectively apply. (4) The licenses of premises to which paragraph (a) of

the expiration of such period not being less than six nor greater than

twelve months from the date of the vote as the court may fix.

The licenses of premises to which paragraph (b) or paragraph

(c) of the said subsection applies shall cease to be in force at the

expiration of such period, not, being less than one nor greater than
two years from the date aforesaid as the court may fix.

I f , after giving effect to the provisions of this section relating to premises to which paragraphs (a), (b), and (c), aforesaid apply, the desired reduction of the number of licenses has not been made, the

special

special court may apply the reduction to other premises. In such case the licenses of such other premises may be renewed from time to time, but shall cease to be in force at the expiration of three years,

counting from the date of the notification in the Gazette of the

determination of the special court as to the reduction :

Provided that where such special court finds that any of such

other premises are held under a written lease, or written agreement

for a lease, which existed on the twenty-fourth day of August, one
thousand nine hundred and five, and "which at the date of the notification
of the determination of the court has more than three years to run, the

license of such premises shall not under this section cease to be in force until the determination of the lease, or of the period for which

such agreement is to have effect, or the expiration of eight years from the commencement of this Act, whichever event happens first; and if the said court finds that the said premises were on the twenty-fourth day of August, one thousand nine hundred and five, and on the date

of the notification of the determination of the court, owned by the

licensee, or that the licensee was on such dates the manager for the
owner, the license of such premises shall not under this section cease to be in force until the expiration of the eight years abovementioned:
Provided further that nothing in this subsection shall prevent the refusal of the renewal or the cancellation or the forfeiture of a
license or the disqualification of premises for any lawful cause.

Unless the said lease or agreement, or the indenture executed in pursuance of such agreement, whenever executed, has before the thirty-first day of December, one thousand nine hundred and five, or within such extended time, not exceeding fourteen days, as the Governor may allow, been registered in the department of the Registrar-

General, and in the case of a lease or agreement executed before the

thirteenth day of December, one thousand nine hundred and four, has been stamped before the fourteenth day of December, one thousand nine hundred and five, and in the case of a lease executed after the thirteenth day of December, one thousand nine hundred and four, has	been stamped within the period within which it may lawfully be	stamped without fine, the licensee shall be excluded from the benefit
of any extension of time beyond the three years first abovementioned. (5) In any such proceedings as aforesaid by a special court—

(a) classifying licensed premises ; or
(b) declaring that licenses shall cease to be in force,

any person who may be directly affected by the determination of the court in such proceedings may appear before the court and shall be heard.

7 3 . (1) I f resolution C is carried it shall take full effect within

the electorate at the expiration of three years from the date of the

vote:  Provided

Provided that, on the vote being carried, a classification of

licensed premises shall he made by the special court, as in the las t

preceding section provided, and the licenses of premises as to which paragraphs (a), (b), and (c) of subsection two of that section apply shall cease to be in force at the expiration of the respective periods
fixed by the special court in accordance with that section :
Provided further that where such special court finds that any premises to which paragraphs (a), (b), or (c) do not apply as aforesaid are held under a written lease or written agreement for a lease which existed on the twenty-fourth day of August, one thousand nine hundred and five, and which at the date of the notification of the determination of the court has more than three years to run, the

license of such premises shall not, under this section, cease to be in force until the determination of the lease, or of the period for which

such agreement is to have effect, or the expiration of eight years from the commencement of this Act, whichever event happens first ; and if the said court finds that the said premises were on the twenty-fourth day of August, one thousand nine hundred and five, and on the date

of the notification of the determination of the court, owned by the

licensee, or that the licensee was on such dates the manager for the

owner, the license of such premises shall not, under this section, cease to be in force until the expiration of the eight years abovementioned :

Provided further that nothing in this section shall prevent the refusal of the renewal or the cancellation or the forfeiture of a license
or the disqualification of premises for any lawful cause.
Unless the said lease or agreement, or the indenture executed in pursuance of such agreement, whenever executed, has before the thirty-first day of December, one thousand nine hundred and live, or within such extended time, not exceeding fourteen days, as the Governor may allow, been registered in the department of the Registrar-

General, and in the case of a lease or agreement executed before the

thirteenth day of December, one thousand nine hundred and four, has been stamped before the fourteenth day of December, one thousand

nine hundred and live, and in the ease of a lease executed after the	thirteenth day of December, one thousand nine hundred and four, has
been stamped within the period within which it may lawfully be stamped without fine, the licensee shall be excluded from the benefit
of any extension of time beyond the three years in the last preceding
section mentioned.

(2) When such resolution so takes effect, all licenses of

every description within the electorate shall cease to be in force, and thereupon, and until licenses are restored in the electorate, the following provisions shall apply :—

(a)	The provisions of the Principal Act and this Act relating to the sale of liquor without a license shall apply to the sale,
supply, barter, or other disposal of liquor. (b)

(b) Provided that nothing in this section shall be held to prohibit the sale of methylated spirits for use in the arts or manufactures, or to prohibit the sale of liquor for medicinal use, subject to the following conditions :—

(i)   That such sale of liquor for medicinal use is by a pharmacist, registered under the Pharmacy Act, 1897, on the prescrip­ tion of a duly qualified medical practitioner.

(ii)   That the bottle or other vessel containing the liquor is distinctly labelled with the words " intoxicating liquor," and the name and address of the seller.

(c) If any person supplies liquor otherwise than as herein provided, he shall be liable to a penalty not exceeding thirty pounds.

(3) This section shall not apply to sales by brewers of

liquor or makers of wine, being their own manufacture, to persons not residing or carrying on business within the electorate to which the vote applies, and to be delivered beyond the limits of such electorate.

(4) For the purposes of this and the last preceding section,

any lease or agreement (including a lease under the Real Property
Act ) , if registered in the office of the Registrar-General pursuant to

the provisions of the Act No 22 of 1897, shall be deemed to be
sufficiently registered.

7 4 . (1) Where, in pursuance of a vote under this Part, the

license of any premises ceases to be in force, the following provisions

shall apply :—-

(a) If any of the conditions set out in paragraph (a) of subsection two of section seventy-four apply to such premises, the lessor may, within fourteen days after the license ceases to be in

force, give to the lessee written notice of the determination

of the lease at the expiration of fourteen days from such

notice, and the same shall thereupon determine as by effluxion of time.
(b)	In any other case, the lessee may within fourteen clays after
the license ceases to be in force give to the lessor written
notice that he desires to have the rent of the premises fixed by arbitration.
On such notice being given, the said rent shall be fixed under the Arbitration Act, 1902, by two arbitrators appointed

by the lessor and lessee respectively, who may appoint an

umpire, and shall, from the date when the license ceases to
be in force, and during the currency of the lease, be the rent
payable thereunder in respect of the premises.

(2) In this section—

" L e s s e e " includes an assignee of a lease and a sub-lessee;

" L e s s o r " includes the person for the time being entitled to the

rent of the premises.	Manner
Manner of taking the vote.

75. The following provisions shall apply to the taking of a vote

under this Part:—

(a) The vote shall in each electorate he taken at the polling-

places appointed for the general election.

(b)	Every elector is qualified to vote, hut may vote for one resolution only.
(c)	The electoral officer appointed for a polling-booth shall conduct the taking of the vote therein.
(d)	The manner of voting shall be similar to that followed in the

election of members to serve in the Legislative Assembly,

but the voting paper shall be marked as prescribed thereon.

(e) Sections eighty-nine, ninety, ninety-one, one hundred and two, one hundred and seven, one hundred and eight, and one hundred and nine of the Parliamentary Electorates and

Elections Act, 1902, shall mutatis mutandis apply to the

taking of a vote under this Part.

(f) The votes given shall be placed in a separate box, and shall

be counted by the officer presiding at the booth in the

presence of the poll-clerks (if any).

(g) a voting paper is invalid if—

(i) the elector has voted for more than one resolution ; or

(ii)   the voting paper is not endorsed with the initials of the

officer presiding at the polling-booth.

(h) The result of the voting shall he notified by the returning

officer in the Gazette.

7 6 . I f in any (doctorate a vote of electors under this Part is

for any reason void, the Governor may appoint a day and places for

taking the vote in such electorate, and may appoint officers and make

necessary arrangements for the purpose of such vote being taken.

7 7 . I f a club, having been established before the first day

of November, one thousand nine hundred and five,—

(a) is used bona fide for residential purposes; or

(b) is used mainly for the purpose of playing any athletic game

or sport approved by the Minister, and carried on during the

day time in the open air ; or

(c) is an association established at anytime as a limited company under section fifty-two of the Companies Act, 1 8 9 9 ;

the Governor may by proclamation exempt such club, and any building used in connection therewith, from all the provisions of the Principal

Act, and ibis Act, other than those relating to registration and to the

payment of an annual registration fee.

The Governor may by proclamation revoke any such exemption.

Regulations.

Regulations.

78. T h e G o v e r n o r m a y m a k e r e g u l a t i o n s for c a r r y i n g o u t t h e

p r o v i s i o n s	of	t h i s	P a r t ,	a n d	m a y	in	s u c h	r e g u l a t i o n s	i m p o s e	a n y
p e n a l t y	n o t	e x c e e d i n g	t w e n t y	p o u n d s	fo r	t h e	b r e a c h	of	t h e	s a m e .

A n y s u c h p e n a l l y m a y h e r e c o v e r e d b e f o r e t w o j u s t i c e s .

S C H E D U L E S .

S C H E D U L E ONE.

Subsection eleven of section five.
Subsection five of section thirteen.
Section twenty-two.
Paragraph (a) of subsection one of section twenty-one.
Section thirty-five.
Subsection five of section thirty-nine.
Section forty-eight.
Section sixty-three.
Sections eighty-four, eighty-five, eighty-six, and eighty-seven.

Seventh Schedule.

S C H E D U L E T W O .

L T Q . U O R ( A M E N D M E N T ) A C T , 1 9 0 5 .

LOCAL OPTION VOTE.

I vote that the number of licenses existing in the electorate continue.

I vote that no licenses be granted in the electorate. I vote that the number of licenses existing in the electorate bo reduced. Indicate your vote by making a cross in the square opposite the resolution

for which you vote.

S C H E D U L E

S C H E D U L E T H R E E .

L I Q U O R ( A M E N D M E N T ) A C T , 1 9 0 5 .

LOCAL OPTION VOTE.

I vote that licenses be restored in the electorate.

I vote that licenses be not restored in the electorate.

Indicate your vote by making a cross in the square opposite the resolution

for which you vote.