Liquor licensing (1833) [3 Will. IV No. 3] (WA)
WESTERN AUSTRALIA.
ANNO TERTIO
GULIELMI IV. REGIS,
No. 3.
An Act to enable the Governor, or other Officer administering the Government of Western Australia, to grant Exemptions
from the payment of License Duty to Persons keeping Public Houses under special circumstances.
WHEREAS by an Act of the Governor and Council (No..2) of the second year of His present Majesty, intituled "An. Act
to regulate the Sale of Spirituous and Fermented Liquors by Re- tail," it is enacted that all Publicans in any part of the Colony of
Western Australia shall pay to the use of His Majesty, his Heirs and Successors, certain Duties therein mentioned, and no Pro- vision is thereby made for exempting Publicans, under any cir- cumstances from such payment. And whereas it appears ex-
| 3 Wm. 1V., No. 3. | 1833. |
pedient for the public convenience, and probably conducive to the ultimate increase of His Majesty's Revenue in the said Colony, that the erection or opening of Houses for shelter and refresh- ment of Travellers in certain remote and thinly-peopled Districts or thoroughfares, andthe formation and repair of Roads without expense to the public, should be encouraged by granting such
Power conferred on Go- Exemptions as aforesaid ; Be it therefore enacted, by His Honor vernor to issue, with ad-vice, of Council, Licenses the Lieutenant Governor of Western Australia and its De en-
free of Duty to persons denies, with the advice of the Legislative Council, that from and
| proposing to keep Public n | Bouses in certain situa-atter thepassing of this Act, it shall be lawful for the Governor, | |
|
by his Order in writing, the Collector of Colonial Revenue, or other Officer for the time being empowered to grant Publicans' Licenses, to issue a Publican's Retail License, without the pay- ment of any fee or duty, (but upon such conditions as to the said Governor, or other Officer administering the Government as afore- said, shall seem fit), to any Person undertaking to set up or open an Inn or Public House in any remote or thinly-peopled part of the said colony,—or to any person undertaking to form, at his or her own costs and charges, any road, bridge, or thoroughfare, for the public service.
Duration of such Mein- II. AND be it further enacted, that no such License to be sea to be granted upon granted without payment of duty as aforesaid shall continue or becertain certificates.
in force for any longer term than twelve calendar months ; or shall'
be granted to any person who shall not first obtain and produce a
certificate signed by two Magistrates of the said colony, of his or
her fitness to keep a Public House.
On violation of the con• III. AND be it further enacted, that if any person who shall ditions upon which such receive any such gratuitous License as aforesaid shall, in the opinionLicense shall be granted,
| the same shall bo forfeit- ot the said Governor, or other Officer administering the Government | of |
| ed. | of the said colony, neglect or fail well and truly to perform and observe all and every the conditions upon which the the same was granted, the same shall be forfeited,—and it shall be lawful for the said Governor, or other Officer administering the said Government, by any notice to be published in the Govneriament Gazette of the said colony, to declare the License of theparty so neglecting or re- fusing, to be forfeited: and if the party incurring such forfeiture shall, after having been served with a copy _of such Notice, either personally,' or by leaving the same at his or her usual place of abode; continue . to keep a Public House, or otherwise to retail |
1833. 3 Wm. IV., No. 3.
any Spirituous or Fermented Liquors, under colour of such for- feited License, he or she shall be subject to such and the same penalties and forfeitures, informations and summary convictions, as are imposed and provided in and by the said recited Act upon and against unlicensed Persons keeping Public Houses or retailing as aforesaid.
FREDERICK CHIDLEY IRWIN,
LIEUT-GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Legislative Council ) the 17th day of April, 1833. 5
H. C. SUTHERLAND,
Clerk' to the Council.
Printed by authority of the Government, by E. Stirling, Perth.
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