Liquor (Amendment) Act 1927 (NSW)

LIQUOR (AMENDMENT) ACT.

An Act to provide for the discontinuance of payments to the Compensation Fund in respect of licensed premises ; to enable permits to be granted for the sale of liquor with meals after six o'clock at n i g h t ; for these and consequential purposes to amend the Liquor Act, 1912, and the Liquor (Amendment) Act, 1919. [Assented to, 29th March, 1927.] BE

Act No. 36, 1927.

BE it enacted by the King ' s M o s t Excel lent by and wi th t h e advice and consent of t he Legis ­

Majes ty ,

lat ive Council and Legis la t ive Assembly of N e w Sou th

W a l e s in P a r l i a m e n t assembled, and b y the au tho r i t y of

t h e same, as follows :—

1 . This A c t m a y be ci ted as t h e " L i q u o r (Amend­

m e n t ) Ac t , 1 9 2 7 , " a n d shal l be read and cons t rued with

t h e L i q u o r Ac t , 1912, and t h e L iquor ( A m e n d m e n t )

Ac t , 1919, as amended by subsequen t A c t s .

2 . (1) F r o m a n d af ter t h e commencemen t of th i s

A c t no compensa t ion fee shal l be payable by t h e holder of a publ ican ' s license or of an Aus t r a l i an wine l icense or by any o the r person u n d e r t he provisions of P a r t I I

of t he L iquor ( A m e n d m e n t ) Ac t , 1919.

(2) (a) Subsect ion (2A) of section t h i r t y of t he

L i q u o r ( A m e n d m e n t ) Ac t , 1919, is a m e n d e d —

(i) by inser t ing the re in t h e word " a n d " after t h e

words " P r inc ipa l A c t " where such words first occur , and by omi t t ing t he words " and a com­ pensat ion fee shall be payab le as provided by th is A c t " ;

(ii)   by omitting from the proviso to the said sub­ sect ion t h e words " and compensat ion fee " and t h e words " or for which a compensat ion fee has been pa id ."

(b) Subsect ions two, three , and four of section

t h i r t y - t w o , and sections th i r ty - th ree , thir ty-f ive, and

th i r ty - s ix of t h e L i q u o r ( A m e n d m e n t ) Act , 1919, shall be deemed to have been repealed as from the t h i r t y - first day of December , one thousand nine h u n d r e d and

twen ty -s ix .

(c) Section 36A of t he said A c t is amended—

(i) (a) by omi t t i ng from subsection three t h e words

" s e c t i o n s t h i r t y - t h r e e " and by inser t ing

in l ieu thereof t h e word " section " ;

(b) by omi t t i ng from t h e same subsect ion t h e

words " the proviso to subsect ion th ree of section thir ty-f ive a n d subsect ion four of

section thir ty-f ive " ;

(ii) by omi t t i ng p a r a g r a p h (f) of t h e same sub­

section ;

(iii) by omi t t i ng t h e proviso to t h e same subsect ion.

3 . W h o r e any person has prior to the c o m m e n c e m e n t

of th i s A c t paid or deposited any sum as or towards t h e compensa t ion fee payable in respect of t he year c o m m e n c i n g on the first day of J a n u a r y , one thousand nine hund red and twenty-seven, such person shall be ent i t led on appl icat ion to a refund of the a m o u n t so paid or deposited.

4 . N o t h i n g in section two of th i s A c t shal l be con­

s t rued as affecting t he r i g h t or t i t le of any lessee under a bu i ld ing lease or the assignee of such lease to receive p a y m e n t p u r s u a n t to t h e provisions of section th i r ty - four of t h e L i q u o r ( A m e n d m e n t ) Act , 1919, of t he compensa t ion payable to t he owner of such premises in a n y case where t he lessor u n d e r such bu i ld ing lease

shal l no t have exercised prior to the c o m m e n c e m e n t of

th is A c t t he opt ion given to h im by the said section.

5 . The Liquor Ac t , 1912, is a m e n d e d —

(a) by inse r t ing n e x t after section fifty-seven—

57A. (1) W h e r e in any premises for which a publ ican ' s l icense has been g ran ted bona tide meals are regula r ly supplied to t he publ ic or in t he premises of any regis tered c lub supplied to m e m b e r s of t he c lub, t he L icens ing Court for t he distr ict may on the appl icat ion of the licensee or (as the case m a y be) t h e secretary of t he c lub a n d on p a y m e n t of t he prescr ibed fee, g ran t with respect to such licensed premises or c lub premises a pe rmi t to such licensee or secre ta ry for t h e sale,

accordance wi th the provisions of this section	disposal, or supp ly of l iquor for consumpt ion upon such premises wi th bona fide meals in
a n d may a t any t ime revoke any such pe rmi t if satisfied upon compla in t made by the Licensing Inspec to r t h a t t h e purposes for which such
pe rmi t was g ran ted are no t be ing proper ly
observed.
The decision of t h e L icens ing Cour t as to t h e g ran t or refusal of a n y such pe rmi t shal l be final a n d conclusive and shall n o t be ques­ t ioned in or amended by any Cour t whatsoever .

(2)

(2) N o t h i n g in t he L iquor Acts shall he

held to p reven t t he sale or disposal or supply of l iquor on any such licensed premises or c lub premises w i th respect to which a pe rmi t u n d e r th is section has been g ran ted and is in force to any person other t h a n a person referred to in section for ty-nine of this Ac t , or member of a c lub, as t h e case may be, for consumpt ion upon such premises w i th a bona tide meal ac tua l ly suppl ied a t t h e same t ime be tween the hour s of six o'clock a n d n ine o'clock in t h e even ing :

Provided t h a t the mea l is n o t be ing served a n d t h e l iquor is n o t sold, disposed of, supplied, or consumed in any ba r or any par t of t h e l icensed or c lub premises o ther t h a n in t h e d in ing- room thereof in which meals a re usua l ly served :

Provided fu r the r t ha t on appl icat ion to

t he L icens ing Cour t for any special occasion on a s ta ted da te t h e L icens ing Cour t may ex tend the pe rmi t to an hour and room to be specified, and t h a t a t all t imes specified in any pe rmi t or extension thereof all doors ( inc lud ing t h e ou te r door) by which access is t hen had to such d in ing room or specified room shall be kep t unlocked. For every extension of a pe rmi t u n d e r th is sect ion a fee of one pound shall be paid.

(3) N o t h i n g in th i s section shall be

cons t rued to pe rmi t t h e sale or supply of

l iquor in any licensed premises or registered c lub on any Sunday , Good Fr iday , or Chr i s tmas L a y , or upon any other day ment ioned in Pa ragraphs (b) and (c) of subsection one of

section fifty-seven.

(4) F o r t h e purposes of th is section " a mea l " shal l m e a n a meal of a t least two courses a t wh ich the persons p a r t a k i n g thereof a re seated a t a table , and the meal shall inc lude fish or mea t s , o the r t h a n in sandwich form, and

cooked vegetables .

(5)

(5) A n y person (other t h a n a person then lawfully ent i t led to be supplied wi th l iquor under the provisions of t h e L iquor Acts) who, upon any licensed premises in respect of which a pe rmi t u n d e r th is section has been granted, obta ins or a t t e m p t s to obtain l iquor be tween t h e hours of six o'clock and n ine o'clock in the evening, by falsely repre­ sen t ing t h a t he in tends a t t he same t ime to pa r t ake of a mea l upon the said premises shall be l iable to a pena l ty of no t exceeding twenty pounds .

(fi) The te rm " L i q u o r Ac ts " whenever

used in th is section shall be t aken to m e a n the L iquor Ac t of 1912 as amended by subsequent Acts , inc lud ing the " L iquor ( A m e n d m e n t )

Act , 1927 . "

(b) by inserting at the end of clause two (b) of section fifty-seven after t he word " p r e m i s e s " t he word " o r " and the following addit ional s u b c l a u s e : —

(c) the sale, supply, or disposal of liquor upon premises in respect of which a pe rmi t or extension thereof granted under the provisions of section 57A of th i s Ac t is t hen in force, if i t be proved t h a t such l iquor was so sold, supplied, or disposed of in accordance w i t h the te rms of and as allowed by such permit or extension thereof.

(c) by inser t ing a t the end of subsection one of section one hundred and fifty-three the

following new paragraph :—

(o) For prescribing the fee to be paid for a pe rmi t g ran ted unde r the provisions of section 57A.

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