Liquor (Amendment) Act 1966 (NSW)

LIQUOR (AMENDMENT) ACT.

Act No. 54, 1966.

An Act to make further provision with respect to the sale and supply of liquor and with respect to licensed premises, restaurants and registered clubs; for these and other purposes to amend the Liquor Act, 1912, the Theatres and Public Halls Act, 1908, and certain other Acts; and for purposes connected therewith. [Assented to, 13th December, 1966.]

¥>E it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —

1. (1) This Act may be cited as the "Liquor (Amend- ment) Act, 1966".

(2) The Liquor Act, 1912, as amended by subsequent Acts, is in this Act referred to as the Principal Act.

(3) This section and section eleven of this Act shall commence upon the day upon which this Act receives the Royal assent and the other provisions of this Act shall commence upon such day or days as may be appointed and notified pursuant to subsection four of this section.

accordingly.

(4) The Governor may, from time to time, appoint and notify by proclamation published in the Gazette the day upon which any provision of this Act specified in the proclamation, other than this section and section eleven, shall commence and may appoint different days for different pro- visions (whether contained in the same section or in different sections) and the provision so specified shall commence

2 .      The Principal Act is amended—

(a)	(i)	by inserting in section fourteen after the words "booth licenses" where firstiy occurring the words ", theatre licenses and general and limited public hall licenses";
(ii)	by inserting in the same section after the words "booth licenses" where secondly occurring the words "and limited public hall licenses";

(b) by omitting section 15A and by inserting in lieu thereof the following section :—

15A. All spirit merchants' licenses may be in the form prescribed and every such license shall authorise the licensee therein named to sell and dispose of liquor on the premises therein specified otherwise than for consumption on such premises.

(c) (i) by omitting subsection one of section twenty and by inserting in lieu thereof the following subsection :—

(1) Booth licenses may be in the form prescribed and shall authorise the licensee, subject to any conditions and provisions imposed on the grant of the license, to sell and dispose of liquor at any race-meeting, regatta, cricket or rifle match, athletic or other sports, encampment, fair or other lawful place or function for public amusement, upon a parti-

cular day or upon particular days and during

the hours specified in the license or, in lieu of any such day, on any day to which the function or event in respect of which the license is granted is postponed : Provided that a booth license shall not be granted for or exercised during any of the days referred to in paragraphs (a) and (b) of subsection one of section fifty-seven of this Act or the time before twelve noon upon any day, not being a Sun- day, upon which Anzac Day is observed.

(ii)

(ii)   by omitting paragraphs (a) and (b) of sub- section two of the same section and by inserting in lieu thereof the following para- graphs :—

(a) Application for a booth license may be

made—

(i)   by the holder of a publican's license granted in respect of premises situated within the licensing district within which the booth license is to be exercised; or

(ii)   by any person on behalf of and with the authority of a non-proprietary association.

(b) A booth license may be granted by the licensing court, a licensing magistrate or, where no objection to the application is taken under this Act, the clerk of the licensing court, and shall be subject to such conditions and provisions as the court, magistrate or clerk, as the case may be, imposes when granting the license.

(iii)   by omitting from paragraph (d) of the same subsection the word "subsection" and by inserting in lieu thereof the word "section";

(d) by inserting next after section twenty the following new sections : —

20A. (1) A theatre license may be granted in respect of a theatre licensed under Part II of the Theatres and Public Halls Act, 1908, as amended

by subsequent Acts—

(a)	that is regularly used for entertainments of the stage in which all the performers whose words or actions constitute the entertain- ment are physically present on the premises and actually perform the entertainment; and
(b)	in which, in the opinion of the licensing court or licensing magistrate granting the application, proper facilities for the sale, disposal and consumption of liquor are
available. (2)

(2) A theatre license may be in the form prescribed and shall, subject to section 20c of this Act, authorise the licensee to sell and dispose of liquor for consumption on the premises—

(a)	during the times specified in the license on the days when the theatre specified therein is open to the public for the purposes of attending an entertainment of the nature referred to in paragraph (a) of subsection one of this section;
(b)	in the part or parts of the theatre specified in the license, being a part or parts which is or are accessible only to persons who are attending the entertainment; and
(c)	subject to such conditions and provisions as may be imposed by the licensing court or licensing magistrate granting the application.

20B. (1) In this section "function" means a dinner, reception, convention, seminar or the like and a ball conducted bona fide by or on behalf of a body or association of persons.

(2) A public hall license may be granted in respect of a public hall licensed under Part II of the Theatres and Public Halls Act, 1908, as amended by subsequent Acts—

(a)	by the licensing court or a licensing magis- trate in respect of all functions to be con- ducted during the currency of the license in
the public hall in respect of which the appli-
cation is made (such a license being in this Act referred to as a general public hall license) provided the court or magistrate granting the application is satisfied—

(i)   that the public hall in respect of which the application is made has adequate fittings, furniture and equipment for the accommodation of not less than five hundred persons at one and the same time;

(ii)

(ii)   that proper faculties are available therein for the sale, disposal and consumption of liquor; and

(iii)   that the applicant has the immediate supervision and control of the premises; or

(b) by the licensing court, a licensing magistrate or, where no objection to the application is taken under this Act, the clerk of the licensing court, in respect of a particular function to be conducted in the public hall in respect of which the application is made (such a license being in this Act referred to as a limited public hall license) provided the court, magistrate or clerk of the licensing court granting the application is satisfied that the public hall in respect of which the application is made has suitable facilities for the sale, supply and consumption of liquor having regard to the facilities that might reasonably be expected to be provided for the particular function in respect of which the application is made.

(3) A public hall license may be in the form prescribed and shall, subject to section 20c of this Act, authorise the licensee to sell and dispose of liquor at a function, for consumption on the premises—

(a) otherwise than at a bar;

(b) during the times specified in the license—

(i)   in the case of a general public hall license, on the days on which functions are conducted in the public hall specified in the license; or

(ii)   in the case of a limited public hall license, on the day or days specified in the license;

(c)

(c)	in the part or parts of the public hall specified in the license, being a part or parts which is or are accessible only to persons who are attending the function; and
(d)	subject to such conditions and provisions as may be imposed by the licensing court, licensing magistrate or, as the case may be, the clerk of the licensing court, granting the application.

20c. A theatre license and a public hall license shall not authorise the licensee to sell and dispose of liquor on any of the days referred to in para- graphs (a) and (b) of subsection one of section fifty-seven of this Act and the time before noon on any day, not being a Sunday, on which Anzac Day is observed, except in so far as the times specified in the license extend beyond midnight on any preceding day on which the sale or disposal of liquor is authorised by the license.

(e) (i) by omitting from paragraph (d) of subsection one of section twenty-one the word "four" and by inserting in lieu thereof the word "six";

(ii)   by omitting paragraph (i) of the same sub- section and by inserting in lieu thereof the following paragraph :—

(i) For the renewal of—

(i)   an Australian wine license where only an Australian wine license is held in respect of the

licensed premises—a sum

equal to four per centum;

(ii)   an Australian wine license where a spirit merchant's license is also held in respect of the licensed premises—a sum equal to six per centum,

of

of the gross amount (including any duties thereon) paid or payable for all liquor being Australian wine which, during the twelve months ended on the thirty-first day of December next preceding the date of the application for the renewal of the license, was delivered upon or purchased for the premises in respect of which such renewal is sought.

(iii)   by omitting from paragraph (j) of the same subsection the words "four dollars" and by inserting in lieu thereof the words "ten dollars";

(iv)   by inserting at the end of the same subsection the following new paragraphs : —

(k) For a new theatre license, the sum of one hundred dollars : Provided that where a new theatre license is granted after the first day of July the sum payable therefor shall be such sum as bears to the sum of one hundred dollars the same proportion as the period from the date of grant of the said license to the thirtieth day of June next ensuing bears to the period of one year.

(1) For the renewal of a theatre license, a sum equal to six per centum of the gross amount (including any duties thereon) paid or payable by the licensee for all liquor which, during the twelve months ended on the thirty- first day of December next preceding the date of the application for the renewal of the license, was delivered upon or purchased for the premises in respect of which such renewal is sought (m)

(m)	For a new general public hall license, the sum of two hundred and fifty dollars : Provided that where a new general public hall license is granted after the first day of July the sum payable therefor shall be such sum as bears to the sum of two hundred and fifty dollars the same proportion as the period from the date of grant of the said license to the thirtieth day of June next ensuing bears to the period of one year.
(n)	For the renewal of a general public hall license, a sum equal to six per centum of the gross amount (including any duties thereon) paid or payable by the licensee for all liquor which, during the twelve months ended on the thirty- first day of December next preceding the date of the application for the renewal of the license, was delivered upon or purchased for the premises in respect of which such renewal is sought.
(o)	For a limited public hall license, the sum of ten dollars per day.

(v)   by omitting from subsection (1A) of the same section the word and symbols "and (i)" and by inserting in lieu thereof the word and

symbols ", (i), (1) and ( n ) " ;

(f) (i) by inserting in subsection one of section twenty-two after the words "packet license" the words ", or of a theatre license, or of a general public hall license";

(ii)   by inserting in subsection three of the same section after the words "packet license" the words ", or of a theatre license, or of a genera] public hall license";

(g)

(g) by omitting from subsection one of section twenty- four the words "or Australian wine license under this Act" and by inserting in lieu thereof the words "Australian wine, theatre or general public hall license";

(h) (i) by omitting from subsection one of section twenty-seven the words "or Australian wine" and by inserting in lieu thereof the words ", Australian wine, theatre or general public hall";

(ii)   by inserting next after subsection two of the same section the following new subsection : —

(3) A conditional application under this section for a new publican's license may include a conditional application for a permit

under section 57A, endorsed under section 57B,

of this Act and a conditional application for such a permit, so endorsed, may also be made in respect of premises licensed under this Act but requiring additions or alterations to make them suitable for the issue of such a permit, so endorsed, and the provisions of subsections one and two of this section shall apply, mutatis mutandis, to any application under this subsection in the same manner as they apply to a conditional application for a license.

(i) (i) by inserting in section twenty-eight after the

words "booth licenses," the words "or for	limited public hall licenses, need not be pre-
ceded by any notices and";

(ii)   by omitting from the same section the words ", and need not be preceded by any notices" and by inserting in lieu thereof the words "or by the clerk of the licensing court in the case of applications for booth licenses and limited public hall licenses to which no objection is taken under this Act";

(J)

(j) by inserting next after subsection one of section thirty the following new subsection : —

(1A) The ground of objection provided for by paragraph (e) of section twenty-nine of this Act shall not be entertained as a ground of objection to any application under this Part for the grant, renewal or transfer of a theatre license or public hall license.

(k)

by omitting from subsection one of section thirty- five the words "for a booth" and by inserting in lieu thereof the words "the licensee under a booth license or a limited public hall license";

(1)

(i)	by inserting in subsection two of section thirty- six after the word "shall" the words ", if a sum equal to the fee that would be payable on the renewal of the license has been lodged with the clerk of the licensing court before the date of expiry of the license,";
(ii)	by inserting at the end of the same subsection the following new paragraph : —

If upon the hearing of the application a renewal of the license is not granted the court shall, as a license fee for the period for which the license is deemed to have continued in force, deduct from the sum so lodged a sum which bears the same proportion to the sum so lodged as that period bears to one year

and shall refund the balance to the applicant. by inserting in subsection one of section thirty- seven after the words "booth license" the words "or a limited public hall license";

(m)

(n) (i) by inserting in subsection one of section thirty- nine after the words "wine license" the words "or of a theatre license or of a general public hall license";

(ii)

(ii)   by inserting in subsection (4B) of the same section after the word "removal" where firstly occurring the words "in respect of a publican's license, a spirit merchant's license or an Australian wine license";

(o) (i) by inserting in subsection one of section 39A after the words "spirit merchant's license" the words "or of a theatre license or of a general public hall license";

(ii)   by inserting in subsection (1A) of the same section next after the words "spirit merchant's license" the words "or a theatre license or a general public hall license";

(iii)   by omitting from subsection two of the same

section the word, symbols and figures " ( 4 A ) , (4B) and" and by inserting in lieu thereof the

words, symbols and figures "(4A) and (4B) of section thirty-nine of this Act shall applv to any application under this section, other than an application for removal of a theatre license or general public hall license and the provi- sions of subsection";

(p) (i) by inserting in paragraph (b) of subsection two of section forty after the word "premises" where secondly occurring the words "or of substantially altering the use of any portion of the licensed premises";

(ii)   by inserting in the same paragraph after the

word "made" the words "or, as the case may

be, indicating the proposed alteration of use";

(iii)   by inserting in paragraph (d) of the same subsection after the word "thereof" the words "or substantially alters the use of any portion

thereof;

(q) (i) by omitting from section 43A the words "or other place" wherever occurring and bv insert- ing in lieu thereof the words ", place or premises";

(ii)

(ii)   by omitting from the same section the words "or place" wherever occurring and by insert- ing in lieu thereof the words ". place or premises";

(r) by inserting at the end of section forty-four the following new subsection : —

(2) The allegations in an information in respect of any offence against this section that any race- meeting or meeting for coursing mentioned in the information was held at a place and on a date therein specified and that any horse or dog named in the information took part in any race, contest or course therein mentioned and that such race, contest or course started at a time therein mentioned shall be accepted by the court as evidence of the truth of the allegations unless the contrary is proved.

(s) by inserting next after subsection three of section forty-nine the following new subsections : —

(3A) Any person under the age of eighteen years who consumes liquor on licensed premises or obtains liquor for consumption on licensed premises or carries liquor away from any licensed premises shall be liable to a penalty not exceeding twenty dollars.

( 3B ) No person under the age of eighteen years

shall be convicted under subsection (3A) of this
section of the offence of carrying liquor away from licensed premises if it is proved to the satisfaction of the court that such person was ordered or requested by some other person to carry away liquor as aforesaid.
(t)	(i) by inserting in section fifty-one after the words "with the" the word "foregoing";

(ii)

(ii)   by inserting in the same section after the word "dollars." the following new paragraph : —

Every person under the age of eighteen years who is for any purpose in the bar of any licensed premises shall be liable to a penalty not exceeding twenty dollars.

(iii)   by inserting at the end of the same section the following new subsections :—

(2) In this section "licensed premises"
does not include premises in respect of which
a theatre license or public hall license is held.

(3) In any prosecution of a licensee for an offence under this section 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.

(u) by inserting next after section fifty-one the following new section: —

51A. (1) Any licensee or his agent or servant or any member of the police force may demand from any person who is in the bar of any licensed premises and whom he has reasonable cause to suspect to be under the age of eighteen years, the correct age, name and address of such person, and

if he has reasonable ground to suppose that the age, name or address so given is false, may require

such person to produce evidence of the correctness
of the age, name or address given by such person.

(2) If any such person, on demand being made by any member of the police force as afore- said, refuses or fails to give such age, name or address or, without reasonable cause, to produce any such evidence as aforesaid, such member of the police force may without any warrant apprehend

such

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 as aforesaid refuses or fails without reasonable cause to give to the licensee, his agent or servant or any member of the police force or to produce evidence as to his correct age, name or address, shall be liable for every such offence to a penalty not exceeding twenty dollars.

(4) In this section "bar" has the meaning ascribed thereto in section fifty-one of this Act.

(v)   by inserting in paragraph (c) of subsection two of

section fifty-seven after the figures and letter "57A"

the words ", or an endorsement thereof under

section 57B,";

(w) (i) by inserting in subsection one of section 57A after the words "such premises with" the words "or as ancillary to";

(ii)   by inserting in the same subsection after the words "Any such permit" the words "and any endorsement thereof under section 57B of this Act";

(iii)   by inserting in subsection two of the same section next after the words "such premises with" the words "or as ancillary to";

(iv) by omitting from subsection three of the same

section the words "at the same time";

(x)   by inserting next after section 57A the following new section : —

57B. (1) The licensing court may, if it is satisfied upon application by the holder of a permit under section 57A of this Act or upon the grant of a permit under that section—

(a) that adequate staff, fittings, furniture, equip- ment and accommodation are available in a dining room on the premises to which the

permit

permit relates for the provision of meals for at least two hundred and fifty persons, or such lesser number as the licensing court may in special circumstances determine, at one and the same time; and

(b) where the permit relates to some part of the premises other than the dining room, that adequate staff, fittings, furniture, equipment and accommodation are available in that part for the supply of meals and entertain- ment,

authorise the clerk of the licensing court to endorse the permit as a late permit, subject to such condi- tions and provisions as the licensing court may. when granting the application, think fit to impose, and the clerk of the licensing court shall, on payment of the prescribed fee, so endorse the permit.

(2) Nothing in this Act shall prevent the sale or disposal or supply of liquor in accordance with subsection three of this section on any premises with respect to which a permit under section 57A of this Act, endorsed under this section, is in force.

(3) Liquor may be sold, disposed of or supplied on premises referred to in subsection two of this section—

(a)	for consumption on the part of the premises specified in the permit, whether or not that part is a bar-room or bar within the meaning
of section sixty-four of this Act;
(b)	between the hours of ten o'clock in the evening on any day (not being a day specified in paragraphs (a) and (b) of sub- section one of section fifty-seven of this Act) and three o'clock in the morning on the following day (whether or not that follow- ing day is a day specified in paragraphs (a) and (b) of subsection one of section fifty- seven of this Act);

(c)

(c) to any person (not being a person referred to in section forty-nine of this Act) in con- junction with or as ancillary to—

(i)   a bona fide meal or substantial refreshments; and

(ii)   entertainment, being entertainment by more than one person physically present and actually providing the entertainment; and

(d) subject to any conditions and provisions imposed by the licensing court when authorising the endorsement of the permit.

(4) Entertainment provided after midnight for the purpose of complying with the provisions of subsection three of this section shall, for the purposes of the Theatres and Public Halls Act, 1908, as amended by subsequent Acts, and the Sunday Entertainment Act, 1966, be deemed not to have been provided on a day or at a time when the holding of a public entertainment is prohibited by those Acts.

(5) The provisions of subsection two of section 57A of this Act relating to the extension of a permit granted under that section shall not apply to a permit endorsed under this section.

under this section, that subsection shall be deemed

section three of section 57A of this Act is endorsed (6) Where a permit referred to in sub-

to be amended—

(a) by omitting therefrom the words "ten o'clock in the evening and twelve o'clock midnight on any other day" and by inserting in lieu thereof the words "ten o'clock in the evening on any other day and three o'clock in the morning on the following day"; and

(b)

(b) by omitting therefrom the word "supper" and by inserting in lieu thereof the words "substantial refreshments".

(y) (i) by omitting from subsection one of section
fifty-eight the words "in any" and by inserting
in lieu thereof the words "in any part of";

(ii)   by omitting from the same subsection the word "premises" where secondly occurring and by inserting in lieu thereof the word "part";

(iii)   by omitting from subsection two of the same section the word "such" where firstly occurring and by inserting in lieu thereof the words "part of licensed";

(iv)   by omitting from the same subsection the word "premises" where secondly and thirdly occur- ring and by inserting in lieu thereof the word "part";

(z) by inserting in subsection one of section 58A after the word "liquor" where secondly occurring the words "or when such premises are open pursuant to a permit or extension thereof under section 57A, or any endorsement of such a permit under section

57B, of this Act";

(aa) (i) by omitting from subsection one of section

sixty-four the words "section fifty-one" and by inserting in lieu thereof the words "sections fifty-one and 51A";

(ii)   by inserting next after paragraph (c) of sub- section three of the same section the following new paragraph : —

(d) This subsection shall not apply to theatres and public halls, being licensed premises.

(ab)

(ab) (i) by inserting in subsection one of section 64A after the word "liquor" the words "and at any time when any part of his licensed premises is open for the sale of liquor pursuant to a permit or extension thereof under section 57A, or an endorsement of such a permit under section

57B, of this Act";

(ii)   by inserting in the same subsection after the word "premises" where secondly occurring the words "except a bar-room or bar open in accordance with the authority conferred by such a permit or extension or endorsement

thereof;

(iii)   by omitting from subsection two of the same section the words "and the holder of a certifi- cate of registration of a club";

(iv)   by omitting from the same subsection the words "or certificate" wherever occurring;

(v)   by omitting from the same subsection the words "or members of the club and their guests, as the case may require";

(vi)   by omitting from subsection three of the same section the words "or certificate of registra- tion" ;

(ac) by omitting from subsection one of section sixty- nine the words "of one and the same liquor".

3. The Principal Act is further amended—

(a) (i) by inserting in section 78c after the word "Part" in the definition of "Permit" the words "and includes a permit endorsed under section

78D of this Act";

(ii)

(ii)   by inserting in the same section after the definition of "Prescribed" the following new definition :—

"Reception area" means a part of a restaurant in which the sale and disposal of liquor otherwise than at dining tables is authorised by the licensing court or by this Act.

(iii)   by inserting in the same section after the word "premises" where secondly occurring in the definition of "Restaurant" the words "and includes premises in which, upon the issue of a permit pursuant to an application under section 78EA of this Act, such supply is proposed";

(b) by inserting at the end of section 78D the following new subsection :—

(2) The court may, under and in accordance with this Part and subject to the provisions thereof, authorise the endorsement of a permit—

(a) to allow a reception area; or

(b) as a cabaret permit.

(c) (i) by inserting in subsection one of section 78E
after the word "Part" the words "or the

endorsement under section 78D of this Act of

a permit already in force";

(ii)   by inserting in paragraph (a) of subsection two of the same section after the word "permit" the words "or an endorsement under section 78D of this Act of a permit already in force";

(iii)   by omitting from paragraph (d) of the same subsection the word "The" and by inserting in lieu thereof the words "In the case of an application for a permit, the";

(iv)

(iv)   by inserting in the same paragraph after the word "restaurant" where secondly, thirdly, fourthly and fifthly occurring the words "and any proposed reception area";

(v)   by inserting next after the same paragraph the following new paragraph :—

(e) In the case of an application for the endorsement under section 78D of this Act of a permit already in force, the notice required by paragraph (a) of this subsection to be delivered to the clerk of the court shall be accompanied by such plans and particulars as may be prescribed.

(d) by inserting next after section 78E the following new section : —

78EA. (1) The provisions of section twenty- seven of this Act shall, mutatis mutandis, and subject to subsection two of this section, apply to and in respect of the granting of permits and the endorsement thereof under section 78D of this Act.

(2) For the purposes of such application a reference in section twenty-seven to a license shall be read and construed as a reference to a permit, a reference to a plan and the information shown therein shall be read and construed as a reference to a plan showing the information required by paragraph (d) of section 78E of this Act and a reference to endorsement of a permit

under section 57B of this Act shall be read and

construed as a reference to endorsement of a permit
under section 78D of this Act.

(e)

(i)	by omitting from subsection one of section 78F the word "granting" and by inserting in lieu thereof the words "grant, renewal or transfer";
(ii)	by inserting in the same subsection after the word "Part" the words "or the endorsement of a permit under section 78D of this Act";

(iii)

(iii)   by inserting in subsection two of the same section after the word "permit" the words "or, as the case may be, an endorsement of a permit";

(iv)   by omitting from paragraph (a) of the same subsection the words, letters and symbols "paragraphs (e), (f) and (g)" and by inserting in lieu thereof the word, letter and symbols "paragraph (e)";

(f)	(i)	by omitting from subsection one of section 78G
the word "and" where firstly occurring and by inserting in lieu thereof the words "without endorsement or with such endorsement under section 78D of this Act as it may approve, or it may authorise the clerk of the court to endorse the permit under section 78D of this Act where the application is for such an endorsement only. The court";
(ii)	by inserting next after the same subsection the following new subsection : —
(1A) The approval of the court to the endorsement of a permit under section 78D of this Act may be subject to such conditions and provisions as the court thinks fit.
(iii)	by inserting in subsection two of the same section after the word "court" the words "nor
shall he endorse any permit";
(iv)	by inserting in the same subsection after the words "renewed permit" where secondly occurring the words "or endorsement of a permit under section 78D of this Act";
(g)	(i)	by omitting from subsection one of section 78H
the words "The fee payable for a new permit shall be the sum of sixty dollars:" and by

inserting

inserting in lieu thereof the following words

and new paragraphs : —

The fee payable—

(a)	for a new permit (not being a permit endorsed under section 78D of this Act) shall be the sum of sixty dollars;
(b)	for a new permit endorsed to allow a reception area, shall be the sum of one hundred and twenty dollars;
(c)	for a new permit endorsed as a cabaret permit, shall be the sum of two hundred and fifty dollars;
(d)	for a new endorsement, to allow a reception area, of a permit already in force, shall be the sum of sixty dollars;
(e)	for a new endorsement as a cabaret permit of a permit already in force, shall be the sum of two hundred and fifty dollars :

(ii)   by inserting in the same subsection after the word "granted" the words "or a new endorse- ment under section 78D of this Act is authorised";

(iii)   by inserting in the same subsection after the words "said permit" the words "or authorisa- tion of the said endorsement";

(h) by inserting in subsection one of section 78i after	the words "time to time" the words "together with
any endorsement under section 78D of this Act";
(i)	by omitting subsection three of section 78J and by inserting in lieu thereof the following subsection : —
(3) (a) Subject to this subsection an applica- tion for a permit shall not be granted unless the court is satisfied that adequate staff, fittings, furniture, equipment and accommodation are available in the restaurant for the provision

of

of meals for at least fifty persons, or such lesser number as the court may in special circum- stances determine, at one and the same time.

(b) An application for the endorsement of a permit to allow a reception area or as a cabaret permit shall not be granted unless the court is satisfied that any proposed reception area and the restaurant itself are suitable having regard to the character and extent of the fittings, furniture, equipment and accommodation therein.

(c) An application for the endorsement of a permit as a cabaret permit shall not be granted unless the court is satisfied that adequate staff, fit- tings, furniture, equipment and accommodation are available in the restaurant for the provision of meals and entertainment for at least two hundred and fifty persons, or such lesser number as the court may in special circumstances determine, at one and the same time.

(d) In this subsection—

"Entertainment" means entertainment by more than one person physically present and actually providing the entertainment.

"Meals" has the meaning ascribed to the word

"meal" in subsection two of section 78K

of this Act.

<j)	(i)	by omitting subsection two of section 78K and by inserting in lieu thereof the following subsection : —
(2) (a) Subject to paragraph (b) of this subsection, the liquor shall be sold and sup- plied in the restaurant specified in the permit for bona fide consumption with or as ancillary to a meal and not otherwise.

(b)

(b) Where the permit is endorsed as a cabaret permit, liquor sold and supplied at the times permitted by paragraph (a) of subsec- tion (4A) of this section shall be sold and supplied only for bona fide consumption in conjunction with or as ancillary to—

(i)   a meal or substantial refreshments; and

(ii)   entertainment, being entertainment by more than one person physically present and actually providing the entertainment,

and in accordance with any conditions and provisions imposed by the licensing court when authorising the endorsement of the permit.

(c) For the purposes of this subsec- tion a meal shall mean a bona fide meal, not in sandwich form, at which the persons partak- ing thereof are seated at a table.

(ii)   by omitting subsection three of the same sec­ tion and by inserting in lieu thereof the following subsections : —

(3) (a) Subject to paragraph (b) of this
subsection, liquor supplied in a restaurant pur

suant to a permit shall be served and con-

sumed at the dining table at which the
customer is seated.

(b) Where a permit is endorsed to allow a reception area or as a cabaret permit liquor may, subject to any conditions and pro- visions imposed by the court when approving the endorsement, also be supplied and con- sumed in a reception area.

(3A)

(3A) Unfortified wines shall not be sold or supplied in a restaurant pursuant to a permit except in sealed bottles or other sealed con- tainers which shall be opened in the presence of the customer. And every bottle or other container so served shall bear a label showing thereon the name and address of the person responsible for the filling thereof, together with such further particulars as may be prescribed.

(iii)   by omitting from subsection four of the same section the word "Liquor" and by inserting in lieu thereof the words "Except where a permit is endorsed as a cabaret permit, in which case subsection (4A) of this section shall apply, liquor";

(iv)   by inserting next after the same subsection the following new subsections : —

(4A) Where a permit is endorsed as a cabaret permit liquor shall not be sold or supplied in the restaurant pursuant to the permit except—

(a) between the hours of six o'clock in the evening on any day (not being a day specified in paragraphs (a) and (b) of subsection one of section fifty-seven of this Act) and three o'clock in the

morning on the following day (whether

or not that following day is a day specified in paragraphs (a) and (b) of subsection one of section fifty-seven of this Act); and

(b) between the hours of twelve noon and three o'clock in the afternoon on any day and between the hours of six o'clock in the evening and nine o'clock in the evening on any of the days

specified

specified in paragraphs (a) and (b) of subsection one of section fifty-seven of this Act.

(4B) The provisions of subsection four of section 57B of this Act shall apply to and in respect of entertainment provided for the purpose of complying with the provisions of paragraph (b) of subsection two of this section.

(4c) Where liquor is sold or supplied at the times permitted by paragraph (a) of sub- section (4A) of this section—

(a)	subparagraph (ii) of paragraph (b) of subsection one of section 78L of this Act shall be deemed to be amended by omitting therefrom the word "twelve-thirty" and by inserting in lieu thereof the word "three-thirty"; and
(b)	section 78R of this Act shall be deemed to be amended by inserting after the word "meal" the words "or substantial refreshments";

(k) (i) by inserting in subsection one of section 78L after the word "room" the words "and reception area, if any,";

(ii)   by omitting from paragraph (a) of the same subsection the words "light wine and malted";

(1)	(i)	by omitting from subsection two of section 78Q
the words "posted up at the main entrance to his restaurant, and to be";
(ii)	by omitting from the same subsection the word "therein" and by inserting in lieu thereof the words "and in the reception area, if any";

(m) by omitting from section 78R the words "at the same time".

4. The Principal Act is further amended—

(a) (i) by omitting from subsection three of section one hundred and sixteen the words "an insane patient within the meaning of the Lunacy Act of 1898" and by inserting in lieu thereof the words "a mentally ill person, a protected person or an incapable person, within the meaning of the Mental Health Act, 1958":

(ii)   by omitting from the same subsection the words "Master in Lunacy" wherever occurring and by inserting in lieu thereof the words "Master in the Protective Jurisdiction of the Supreme Court":

(iii)   by inserting in subsection five of the same section after the word "Act" the words "and any endorsement thereof under section 57B of this Act";

(b) by inserting at the end of section one hundred and thirty-one the following words :—

Provided further that upon application being made for restoration or renewal of the license and upon payment of a sum equal to the fee which would have been payable for renewal of the license the person in possession of the licensed premises shall be deemed to be the licensee and the license

is heard and determined. If upon the hearing of shall be deemed to be in force until the application

the application a restoration or renewal of the license is not granted, the court shall, as a license fee for the period for which the license is deemed to have been in force, deduct from the sum so lodged a sum which bears the same Drooortion to the sum so lodged as that period bears to one year, and shall refund the balance to the person who made the payment.

5.     The Principal Act is further amended—

(a)	(i)	by inserting in section one hundred and thirty- three after the word "clubs" the words "and section thirty-four of this Act shall apply to applications under this Part as if a license referred to in that section were a certificate of registration under this Part";
(ii)	by omitting from the same section the word,
figures and letter "section 64A,";
(iii)	by omitting from the same section the word "sixty-seven,";
(iv)	by inserting at the end of the same section the following words: —
In applying paragraph (a) of subsection two of section fifty-seven of this Act, that paragraph shall be deemed to be amended by omitting therefrom the words "if the liquor is not sold, supplied, delivered or consumed at the bar of the licensee's premises";
(b)	(i)	by inserting in section one hundred and thirty- four next after paragraph (g) the following new paragraph: —

(gl) A register of honorary and temporary

members shall be kept on the club's

premises as hereinafter required.

(ii)   by omitting from paragraph (i) of the same section the words "land upon which the club's premises are situated" and by inserting in lieu thereof the words "club premises";

(iii)   by omitting from the same paragraph the words "total sum which comprises the unim­ proved capital value of the land (excluding any added value attributable to the fact that

the

the club is registered) and the value of the improvements on the land" wherever occur- ring and by inserting in lieu thereof the words "improved capital value thereof (excluding any added value attributable to the fact that the club is or may be registered)";

(c) by inserting next after subsection two of section one hundred and thirty-five the following new subsection : —

(3) A rule of a club giving effect to paragraph (i) of subsection one of this section shall not apply so as to prevent the admission as a member of the club of a person under the age of twenty-one years if he has attained the age of eighteen years and has served outside Australia as a member of the armed forces of the Commonwealth of Australia, nor shall it apply so as to prevent the sale or supply of liquor to such a person as a member of the club.

(d) by inserting in section 135A after the word "amended," the words "copies of the rules and";

(e) (i) by inserting in subsection two of section one hundred and thirty-seven after the words "copy of the" the words "duly audited profit and loss account and";

(ii)   by inserting in subsection four of the same section after the word "shall" the words ", if

for renewal of the certificate of registration,"; licensing court a sum equal to the fee payable the secretary lodges with the clerk of the

(iii)   by inserting at the end of the same subsection the following words : —

If upon the hearing of the application a renewal of the certificate of registration is not granted the court shall, as a fee payable for the period for which the certificate of registra- tion is deemed to have continued in force,

P42773—15 deduct

deduct from the sum so lodged a sum which bears the same proportion to the sum so lodged as that period bears to one year and shall refund the balance to the secretary.

(f)	by omitting from subsection one of section one hundred and thirty-eight the words "application is made for the grant or renewal of any such certi- ficate" and by inserting in lieu thereof the words "any application is made under this Part";
(g)	by inserting next after paragraph (liii) of subsection one of section one hundred and forty the following new paragraphs : —

(liv) That the premises in respect of which the application is made are in the immediate vicinity of a place of public worship, hospital, or public school.

(lv)   That the quiet and good order of the neigh­ bourhood in which such premises are situate will be disturbed if the application be granted.

(h)	by inserting at the end of subsection four of section one hundred and forty-five the following new
paragraphs : —

(c)	that the proposed premises are in the immediate vicinity of a place of public worship, hospital, or public school;
(d)	that the quiet and good order of the neigh- bourhood in which the proposed premises are situate will be disturbed if the application be granted.

(i)

(i)   by inserting at the end of section 145A the following new subsection: —

(2) The provisions of subsection four of section one hundred and forty-five of this Act shall apply, mutatis mutandis, to applications under this section, references in that subsection to "proposed premises" and "new premises" being read and con- strued as references to the club premises as altered, added to or increased or decreased in area, as the case may be.

(j) (i) by inserting next after paragraph (b) of sub- section three of section one hundred and forty-eight the following new paragraph :—

(b l ) impose upon the club a penalty not exceeding one thousand dollars; or

(ii)   by inserting in subsection four of the same section after the word "any" the words "penalty imposed upon or";

(iii)   by inserting in the same subsection after the words "costs are" the words ", or penalty is,";

(k) by omitting section one hundred and fifty-one and the heading thereto and by inserting in lieu thereof the following section :—

151. (1) The secretary of a registered club shall keep on the club premises—

(a)	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; and
(b)	a register in which the secretary shall enter or cause to be entered the names and addresses of all persons (not being persons whose names and other particulars have been entered in the register kept pursuant to

paragraph

paragraph (a) of this subsection) who are admitted as honorary or temporary members of the club for a limited period and the dates upon which that period commences and terminates.

(2) Any secretary of a registered club who fails to keep a register pursuant to paragraph (a) or (b) of subsection one of this section, containing the prescribed particulars, or any secretary or other person who wilfully makes any false entry in any such register, shall be liable to a penalty not exceeding one hundred dollars.

(1) by inserting next after section 151A the following new section: —

151B. Any inspector or, if he is so authorised in writing by the superintendent of licenses, any other member of the police force may at all reasonable times inspect any registers, books of account and other records kept by a registered club and may take copies of or make extracts from any entries therein.

6. The Principal Act is further amended—

(a) by inserting in paragraph (o) of subsection one of	section one hundred and fifty-three after the figures
and letter "57A" the words "or any endorsement
thereof under section 57B" ;
(b)	by inserting next after the same paragraph the following new paragraphs :—

(p)	For prescribing that specified information be furnished by registered clubs.
(q)	For prescribing the maximum charges for liquor that may be made by the holders of theatre licenses or public hall licenses.

(c)

(c) by inserting next after subsection three of section

153B the following new subsection : —

(4) In this section "licensed premises" does not include premises in respect of which a theatre license or public hall license is held.

(d)

by inserting in section one hundred and fifty-five after the word "liquors,'" the words "or 'licensed publican'";

(e)

(i)	by inserting in paragraph (a) of subsection two of section one hundred and sixty-eight after the word "determine." the words "The Governor may, from time to time, vary, add to or revoke any conditions imposed or exemp- tions granted as aforesaid and may, in the absence of any such conditions or exemptions, from time to time impose or grant them.";
(ii)	by inserting in the same paragraph after the word "imposed" the words "or exemptions granted" ;
(iii)	by inserting in the same paragraph after the word "aforesaid" where secondly occurring the words ", being conditions or exemptions for the time being in force,";
(iv)	by inserting at the end of paragraph (a) of subsection three of the same section the

following words : —

The Governor may, from time to time, vary, add to or revoke any conditions imposed or exemptions granted as aforesaid and may, in the absence of any such conditions or exemp- tions, from time to time impose or grant them.

(v)   by inserting in paragraph (b) of the same subsection after the word "aforesaid" the words ", being conditions or exemptions for the time being in force,".

7. The Principal Act is further amended—

(a)	(i)	by omitting from subsection two of section one hundred and seventy the words "amount last paid as a fee for the license of the premises" and by inserting in lieu thereof the words "fee payable for renewal of the license";
(ii)	by omitting from subsection three of the same section the words "amount last paid as a fee for the license of the premises" and by inserting in lieu thereof the words "fee payable for renewal of the license";
(iii)	by inserting in subsection four of the same section after the word "Act" where firstly occurring the words "or an endorsement thereof under section 57B or 78D of this Act. as the case may be,";
(iv)	by inserting in paragraph (a) of subsection five of the same section after the words "Act or" the words "an endorsement thereof under section 57B of this Act or an application or conditional application";
(v)	by inserting in the same paragraph after the word "Act" where secondly occurring the words "or for an endorsement thereof under section 78D of this Act";

(b) by omitting section one hundred and seventy-two.

8.      The Liquor (Amendment) Act, 1919, as amended by

subsequent Acts, is amended by inserting at the end of sub-
section three of section 36A the following words : —

Provided that no compensation shall be payable where the licensee is also the holder of a spirit merchant's license or where a spirit merchant's license is also held in respect of the same premises.

The Theatres and Public Halls Act, 1908, as amended

by subsequent Acts, is amended by inserting at the end of
section twenty-seven the following new subsections: —

9 .

(2) The Minister may—

(a)	if he is of opinion that it is fitting for the preservation of good manners and decorum so to do; or
(b)	if, in the case of entertainment comprising boxing or wrestling, he is of opinion that it is desirable so to do,

by a notice in writing served on the holder of a license, permit or certificate of registration under the Liquor Act, 1912, as amended by subsequent Acts, prohibit or regu­ late the holding, on the premises to which the license, permit or certificate of registration relates, of the type of entertainment, or the particular entertainment, speci- fied in the notice, whether or not that entertainment would be public entertainment.

(3) Where any entertainment is held upon premises in respect of which a person upon whom a notice has been served under subsection two of this section is the holder of a license, permit or certificate of registration under the Liquor Act, 1912, as amended by subsequent Acts, and the entertainment is so held contrary to any prohibition or condition imposed by such notice, the

relating to the premises shall be liable to a penalty not	holder of the license, permit or certificate of registration
exceeding one hundred dollars.
(4) Subsections two and three of this section shall apply whether or not the premises are also licensed under this Act and, if so licensed, notwithstanding the terms of the license.

10. Where the effect of an amendment of the Principal Act made by this Act is to confer upon the holder of a license or permit an authority which differs from that con- ferred by the Principal Act on a holder of the same descrip- tion of license or permit, any license or permit of that descrip- tion in force immediately before the commencement of that amendment shall, on and from that commencement, be deemed to confer upon the holder thereof the same authority as is conferred by the Principal Act, as so amended, on a holder of that description of license or permit.