Liquor licensing (1833) [4 Will. IV No. 3] (WA)
WESTERN AUSTRALIA.
AN NO QUARTO
GULIEL VII IV. REGIS,
No. 3.
An Act to Regulate the Licensing of Public
Houses.
WHEREAS it is expedient that Regulations should be made for Preamble.
ensuring the due icensing of Public Houses, and the main- Persons 1
| tenance of good order therein ;—De it therefore enacted by His edty per go | =gof SrpeirTt | u |
_ socolsdorFesrementred quo s,
| Honor the Lieut. Governor of Western Australia and its Dependen | ,ir o |
| cies, with the advice of the Legislative Council, that if, from and after | anmedyort | the | premises, |
| without e | t fi | rrstoraingng the |
| the first day of January next, any person shall repeatedly permit any | this |
| Spi ituous or Fermented Liquors, sold by him or her, to be consumed .by or on account of the Purchasers thereof in his 'or her house or pall ntia | ACts subjected to by | r | i |
),` excee diug Fifty
| premises or any out-house, yard, garden, close or appurtenance ad- jacent thereto without having first obtained such license as is herein- What shall be deemed a | repeated permissionof f | in | . |
| after mentioned and required, every person so offending, being | |||
| thereof | ; tcaernrsaeadt :Er rattit |
| onvi | cted, shall forfeit a sum not exceeding Fifty pounds | c | :131 |
and that two several acts or instances of permitting such unlicensed under this Ace'
consumption as aforesaid, shall be deemed a repeated permission of
| 4 Wm. IV., No. 3. | 1833. |
After a first conviction, such consumption within the meaning of this Act to warrant a firstevery single instance of
permitting such wakens- conviction ; and that every single act or instance of permitting such
ed consumption, shall be unlicensed consumption as aforesaid, occurring after a first conviction,sufficient for a second or , „ , other further conviction, snail De sufficient to warrant a second or other further conviction
against the same offender. Provided that nothing herein contained shall prevent the consumption on the place of sale of any Liquors
| ExceptioMasters | Liquors , |
sold by to Ser- 'Mid by Masters or Employers to their Journeymen, Workmen, Ser.
| vents, or sold over the vants, or Labourers,—or of any Malt Liquors, or Ginger Beer sold | counter, under any exist- overover the counter, such sales respectively being unauthorized by any |
| lag |
law now in force in the said colony.
| General Annual Licensing H. AND be it further enacted, that a General Meeting of the | Meetings of Justices;when and where to be Justices of the Peace acting in, and for each district in the said col. | |||||||
|
and the consideration of any applications there submitted to them, to such day or days, and to such place or places within the district for which such meeting shall be holden, as they may deem most con- venient for enabling persons resident within such district to apply for licenses.
| from acting at such Meet- a urewer, Moister, or Distiller, or an Importer of or Dealer in Winecircumstances disqualified D | Justices under certain III. AND be it further enacted, that no Justice of the Peace, being | |
| ||
| In case of deficiency of 117. AND be it further enacted, that whenever at any such Annual | ||
| district Justices, Justices |
1833. 4 Wm. IV. No. 3.
Meeting to be holden for any district as aforesaid, or at any such of any adjoining district
special Sessions as is hereinafter mentioned, there shall not be pre- may act.
sent at least three Justices, who are not disqualified, it shall be lawful
upon the request in writing of any Justice of such district, for the
Justices of any adjoining district, not disqualified, to act within such
first mentioned district and with the Justice or Justices thereof; not
as hereinbefore disqualified, who shall be present at any such Annual
Meeting or Special Session, for the purpose of granting or transferring
Licenses under, or of hearing complaints for offences against this Act.
V. AND be it further enacted, that when at any such Annual All questions /19 to grant-
| hereinafter mentioned, any question shall arise touching the granting, ebe decided by the Ma-toet | Licensing Meeting as aforesaid, or at any such Special Session as is to transferring Licenses, |
| i | y of Justices present |
withholding, or transferring any License, or the fitness of the person at any such Meeting.
applying for such Licence, or of the house intended to be kept by such person, such question shall be determined by ,the majority of Justices, not disqualified, who shall be present when such question shall arise.
| VI. | AND be it further enacted, that the Justices acting at any All Applications to be re- | ve at such M | d | eetings | — |
| such Annual Licensing Meeting as atoresaid, shall receive all appli- | d° | ||
| but thaietustdiciseeseeTieenxt | |||
| cations for Licenses with the certificates in support thereof which |
| ||
| shall then be presented to them; but nevertheless it shall still be lawful for sfich Justices to grant Licenses to such persons only, as upon the said certificates, and upon other information before them, shall appear likely to keep orderly houses. |
VII. AND be it further enacted, that every person desirous of Applicants for Licenses to
| obtaining a License for keeping a Public House under the Provisions their application, | give a written notice of |
| of this Act, or of obtaining the renewal of a License before granted, shall, before such Annual Licensing Meeting as aforesaid, in every year, deliver to the clerk of the magistrates acting for the district in which such house may be situated, a notice in writing of his or her intention to apply for such license ; and that in every such notice |
| there shall be contained a full description of the dwelling house or Containing a description | rifeetnhseedhhouse proposed tees |
| premises proposed to be licensed | , with a statement of the applicants | ' |
trade or calling and situation in life, and whether married or un _trade or calling—and the
married, together with the names, residences, and additions of his or additionsHanes,
her proposed sureties ; and every such notice shall be accompanied Sureties.
by a certificate signed by two respectable householders within the
| district last aforesaid, purporting that the person delivering such | And certificate as to ch | a- |
| racier | and | means of ac | - |
| notice and certificate is of good fame, and fit to keep a Public House„„a | micdat | ion. |
| and is able to provide the accommodation hereinafter mentioned for the public convenience; and which notice and certificate shall be in the form numbered 2 in the said Schedule. |
| 4 Wm, IV, No, 3. | 1833. |
A recognizance with two VIII. AND be it further enacted, that every person applying forSureties to be entered into before any license be a license shall, before the same be delivered to him, enter into a re. granted. cognizance, in the form numbered 3 in the said Schedule, in the snip
of Fifty pounds with two sureties in the sum of Twenty-five pounds
| Con | ditions | of | such | Recog- |
nizance. each, conditioned that the person licensed shall not fraudulently
dilute or adulterate any liquors by him or her sold, or sell the sane knowing them to have been fraudulently diluted or adulterated ; and shall not use in the selling thereof any measures that are not of the legal standard ; and shall not wilfully or knowingly permit drunk- enness or other disorderly conduct in his or her house or premises; and shall not knowingly suffer any unlawful games or any gaming whatsoever therein ; and shall not knowingly permit persons , Of notoriously bad character to meet together therein ; and shall not keep open his or her house, or permit any person to remain tippling or drinking therein, after the hour of ten at night, always excepting refreshments to travellers and lodgers; or shall allow any Spirituous or Fermented Liquors to be drank in, or conveyed out of, his or her premises, during the usual hours of morning and afternoon Divine Service in the nearest church or chapel on Sunday, Christmas Day, or Good Friday ; and shall not refuse to admit any Magistrate or Constable to any part of his .or her house or premises by night or
day, and shall maintain good order and rule therein.
If Applicant for License IX. AND be it further enacted, that if any person desirous of
should be unable to attend applying at any such Annual Licensing Meeting as aforesaid, or atsuch meeting from Slr•
| ness or infirmity, Justices any such Special Session as is hereinafter mentioned, for a License | may dispense with such under this Act, or for the transfer of any such License, shall be hin-attendance. |
dered by sickness, infirmity, or any other reasonable cause from attending in person at any such Meeting or Session '• it shall be law,- ful for the Justices there assembled to grant or transfer such License to snch person so hindered ; proof being adduced to, the satisfaction of such Justices, who ,are hereby empowered to examine upon oath into the matter of such allegation, that such person is hindered from attending by good and sufficient cause.
Node of issuing and X. AND be it further enacted, that every License to be, granted duration of Licenses. under the provisions of this Act, shall be signed by the majority of
the Justices present, (and not disqualified,) at . the Licensing Meeting or Session at which the same shall be granted; and shall be M. force until the , next General Annual Licensing Meeting, and no longer,; and every,such License shall forthwith, after the granting thereof, be deposited by the Clerk of the Magistrates granting the same with the Collector of Colonial Revenue, who shall forthwith, after receipt of the proper retail duty, issue the same to the person licensed thereby,
1833. 4 Wm. 11r. No. 3.
together with a Publican's Retail License in the form numbered 4 in
the said Schedule.
XI. AND be it further enacted, that if any person shall be desk.: Special Sessions (or 'traps-
| oils, after any such General Ann nal Licensing Meeting as aforesaid fe | ,grtag Licenses—andr |
| of obtaining a License to keep a Public House for the residue of thet,: hoeknen | ,topbereiohdottenhow and |
| then current year until the next Annual Licensing Day, or of trans- ferring his or her License, and of such his or her desire shall give notice to the Clerk to the Magistrates of the district in which such license or transfer of license is desired to be given or made, such Clerk shall forthwith give notice of such application to the Magistrates of the said district, who shall with all convenient despatch hold a Special Session for the purpose of considering such application ; and it shall be lawful for the majority of the Justices assembled at such Special Session, three at least being present, to grant Licenses for keeping Public Houses until the General Annual Licensing Meeting next following such Special Session, and to transfer the License of any house previously licensed to the appointee or appointees of the original holder of such license ; provided that such appointee or appointees and the person or persons so newly licensed at-any such Special Session, produce the like certificates and enter into the like recognizances as are hereinbefore required from persons obtaining Licenses at ,any such General Annual Licensing Meeting as afore- said ; and every License su granted or transferred at any such Special Session as aforesaid shall be lodged by the said Clerk with the Col- lector of Colonial Revenue, who shall thereupon issue to the person or persons entitled to receive the same, a corresponding Retail License, or transfer of Retail License, as the case may require. |
XII. AND be it further enacted, that it shall be lawful for the Fees to be received by
| c | le | r | the Licensing |
| u | s | kGest.° |
Clerk of the Justices at any such Licensing Meeting or Special J
Session as aforesaid to demand and receive from every person obtain- ing a License, or transfer of License, such fees or sums as the Jus- tices of the said colony in quarter sessions assembled shall from time to time limit and appoint, but so as the same shall not in any case exceed the following fees or sums; that is to say, for every original License, the sum of ten shillings and sixpence ; for every transfer of a License, the sum of two shillings and sixpence ; for every notice, served on a district Magistrate for the purpose of assembling a Special .Session, the sum of two shillings and sixpence ;. such notices not to exceed three in number, unless absolutely necessary ; and for preparing and taking every recognizance and lodging the same with the Collector of Colonial Revenue, the sum of ten shillings and sixpence.
| 4 Wm. IV. No. 3. | -1833, |
toys may hold the LicenseExecutors or administra- XIII. AND be it further enacted, that the Executor or Adminis-
| newel, till the next licens- to carry on the business of the house thereby licensed, without re-ing nay. | of deceased, without re- trator of any person holding a Licence under this Act shall be entitled |
newing such license, until the next General Annual Licensing Meet-
Subject to the same regu- ing following the decease of the person so holding such License :'adults, and under like
recognizances, as the de- Provided, always, that the License of such house shall be subject to ceased, the same regulations as if it had continued to be holden by the per-.
son or persons to whom the same was originally granted, and that
new recognizances be entered into according to the Provisions of this
Act.
| keeping Public Houses. | Persons disqualified from XIV. AND be it further enacted, that no person holding office or |
employment under the Government, no Sheriff's Officer or Constable, shall hold any License under the Provisions of this Act ; nor shall any Publican be received or taken as surety in any such recognizance, as aforesaid.
| unless it contains certain under this Act unless the same shall contain one sitting room andaccommodations. | No house to be licensed XV. AND be it further enacted, that no house shall be licensed |
one sleeping room for public accommodation, independent of the
Publicans refusing rea- apartments occupied by the family of the Publican ; and if any
amble refreshment to Keeper of a licensed Public House shall without reasonable cause,travellers subject to a
penalty not exceeding ten refuse to furnish reasonable lodging and refreshment to any traveller,
pounds.
or to the horse or horses of any traveller, by night or day, such
keeper of such Public House shall forfeit a sum not exceeding Ten
pounds.
Publicans to have their XVI. AND be it further enacted, that every person licensed to names, and the words keep a Public House under this Act, shall have his or her name at
| "Licensed | Publican," I |
painted on some conspi- length painted in legible letters, with the words " Licensed Publican"
mums part of their pre- in like letters, on some conspicuous part of his or her premises ;mises, under a penalty
DOE exceeding forty shil- and any such licensed person who shall ncgleet to have his or her
lines- name with the said words so painted shall, for every such offence,
forfeit a sum not exceeding Forty shillings.
Unlicensed persons,keep-
| ing up any sign, or other | XVII. AND be it further enacted, that if any person not actually able cause to believe that such house is licensed as a Public House, every person so offending shall, for every such offence, forfeit a sum not exceeding Twenty pounds. |
| mark implying a license, | |
| subject to penalty not ex- | holding a License shall keep up any sign, writing, painting, or other |
| ceeding £20. | mark, on or near to his house or premises, which may give reason- |
doning the licensed pre-Licensed Publicans Ann- XVIII. AND be it further enacted, that if any licensed person mises to the virtual keep-shall abandon the occupation of his or her licensed house as his or
| J833. | 4 Wm. IV. No. 3. |
| her usual place of residence, and permit any unlicensed person or in ?, of any unlicensed | person, subject to loss of |
| persons to become virtually, or in effect, the keeper or keepers thereof; | • |
| license or penalty not |
| then, upon proof of such facts to the satisfaction of any two or more exceeding | £50. |
| Justices of the Peace, it 'shall be lawitil for such Justices to declare the License of such house absolutely void ; or, at the discretion of such Justices, such licensed person shall forfeit a sum not exceeding Fifty pounds. | |
| not to barter |
| XIX. | AND be it further enacted, that if the keeper of any Public 'publicans | or take | take | payment |
| House licensed under this Act shall take or receive from any person liquor, h | in | any thing | but money. |
| in payment or in pledge for Liquor, consumed in his or her house, any article of clothing or slops, or any tools or any other article or thing, excepting metallic or paper money, such keeper of a Public House so offending shall, for every such offence, forfeit a sum not exceeding Five pounds. |
| XX. | AND be it further enacted, that if a Coroner's Jury, or any Death by intoxication, | roun d | re | it | e rs' Jury, | rytro, |
| three Justices who shall inquire, by examination of witnesses, | into | Magistrates' | toerinquiry, |
an IT avoid the license of the
| the causes of the death of any person dyino . suddenly, or under | h use in which the same |
| other extraordinary circumstances, shall find that the death of such | shall happen. |
| person was caused, by intoxication in a Public House, the keeper of such house shall, from the date of such finding, be deemed to be un- licensed ; and no new License shall be granted to him. |
XXI. AND be it further enacted, that it shall be lawful for any Justices and Constables
| Justice of the Peace, or any Constable generally authorised by a empowered to enter | Pub- |
lic Houses at all hours.
Justice of the Peace in that behalf, to demand entrance into any licensed Public House at any time by day or night ; and if admittance be not granted within such reasonable time as shall make it appear that no wilful delay was intended, the License shall be forfeited, upon conviction before any two Justices' of the Peace ; and no License shall again be granted to any person, who shall be so convicted of refusing or wilfully delaying admittance, for the space of one year from the date of such conviction : Provided that if such admittance be refused, or wilfully delayed, it shall be lawful for such Justice or Constable to'break into such Public House with his assistants to serve process, or for any other lawful purpose.
XXII. AND be it further enacted, that if any person licensed Penalties and disability
| under this Act shall offend against the tenor of his or her License, and cl ei.tions | incurred by | ofbreachesf |
| uc | recogn oi- |
or shall in any respect commit a breach of, or otherwise be guilty of
any offence against any condition of the recognizance by him or her
| entered into, he or she shall, on conviction thereof, forfeit and pay or A first | conviction | to incur |
| a | penalty | exceeding |
| 4 Wm. IV., No. 3. | 1833, |
become liable to the several penalties and to the disability hereinafter, mentioned; that is to say, for the first offence, a sum not exceeding
| a penalty not exceeding five pounds and costs; and for the second offence, a sum not exceed- | For a second conviction, , |
| Mlle third offence, the ing ten pounds and costs ; for the third or any subsequent offence,.offender to be summoned it shall be lawful for any one Justice, upon complaint or information to the Quarter Sessions. of such third or subsequent offence, to issue a summons requiring the |
person so complained of or informed against, to appear at the next Court of Quarter Sessions for the said colony, then and there to answer the matter of such complaint or information ; and also bind the Complainant or Informant, and any other person or persons, tò
Court of Quarter Sessionsappear at such Sessions and give evidence against such licensed to decide summarily. person; and the Justices of the Peace at such Sessions shall inquire
into and decide in a summary manner the matter of such complaint or information ; and if they find that such licensed person has coin. mitted the offence against the tenor of his or her license or recogni. zance in the said complaint or information specified, and that such licensed person has been twice or oftener previously convicted of offences against the tenor of his or her license or recognizance, it shall be lawful for the said Justices at such Sessions to adjudge the
On athird conviction, the
offender to forfeit his party so complained against guilty of such third or subsequent offence;u
Lscense, or pay a penalty which adjudication shall be final, and thereupon the said Justices
| not exceeding | Fifty |
| pounds, Le discretion of | shall have authority to punish the party so convicted by | a | fine or |
| the Justices. | penalty not exceeding fifty pounds, or (at the discretion of the said |
If the Licensebe declaredJustices) by declaring his or her recognizance to be forfeited, and forfeited, the party for- his or her license to be void ; and such recognizance shall be forfeited, felting the same to be in- and such license shall be thenceforth void accordingly : and the per-capable of holding another
License for the next three son whose license shall so be declared void, shall be thenceforth
years. incapable of receiving or holding any license to keep a Public House for the space of three years, to be computed from the date of such adjudication : and if the person complained against for such third or
subsequent offence shall not appear at such next Quarter Sessions pursuant to the said summons, it shall be lawful for the Justices in
such Session assembled; on proof of the service of such summons, to inquire into and determine the matter of the said complaint and information ; and in all respects to proceed against the person so
summoned, and not appearing, in the same manner as if he or she
had appeared.
Mode of recovering pen. XXIII. AND be it further enacted, that all informations and shies imposed by this proceedings in respect of any offence under this Act shall be heardAct, by summary convic- tion before one Justice. and determined, and the forfeitures and penalties in respect of the
same shall be awarded and imposed, in a summary way, by any one Justice of the Peace, (or by any two such Justices in cases herein-
1833. 4 Wm. IV. No. 3.
beforeappointed to be heard and determined by two Justices, who shall summon before him or them the party accused, and all neces- sary witnesses; and upon appearance of the party accused, (or in his absence upon proof. by oath of his having been served with the said sum- mons either personally, or by the same being left at his usual place of abode,) such Justice or Justices shall hear the matter of such infor- mation, and examine all necessary witnesses upon oath, and make such order thereon as, to him or them shall seem meet; and in case the party accused shall be by him or them convicted, and shall fail to pay any fine or penalty, costs or expenses, awarded by such order, Within, three days next after such order shall have been personally served on him or left at his usual place of abode, it shall be lawful for such convicting Justice or Justices to levy and raise such fine or penalty, costs or expenses, by distress and sale of the goods and chattels of the party so convicted ; and in case such goods and chat- tels shall be insufficient for that purpose, it shall be lawful for the convicting Justice or Justices to commit the party so convicted to any Jail or House of Correction for any term not exceeding six calen- dar months.
| any person for the offence of keeping a Public House without due tense to lie upon accused. | XXIV. | AND be it further enacted, that in all proceedings against | Burden of proof of | Li- |
license, such person shall, for all purposes connected with such pro- ceedings, be deemed and taken to be unlicensed, unless he or she shall, at the hearing of the case, produce and exhibit his or her license to the sitting Justices, or shall then or there produce other satisfactory proof of his or her being a licensed person.
XXV. AND be it further enacted, that all informations and pro-Limitation of convictions.
ceedings in respect of offences against this Act, shall be commenced within three ealendar months after the offences thereby respectively charged shall have been committed.
| himself aggrieved by any judgment or conviction made under this ter Sessions. | XXVI. | AND be it further enacted, that if any person shall think Right of | appeal to Quar | - |
Act, such person may appeal therefrom to the next Court of Quarter Sessions ; which Court shall hear and determine the matter of such appeal, and shall summon all necessary parties and witnesses, and shall make such order in affirmance or reversal of the judgment or conviction appealed from, and for payment of costs of the appeal, as to such court shall seem meet; and shall enforce such order, if neces- sary, by distress and sale of the goods and chattels of any person re- fusing or neglecting to obey such order, or by imprisonment of any
| 4 Win. IV. No. 3. | 1833. |
such person for any time not exceeding six calendar months Pro- vided that notice of such appeal be given by the Appellant to the Justice from whose judgment or conviction sail appeal shall he made within three days after such judgment or conviction ; and that such Appellant deposit the sum of five pounds with such last mentioned Justice, or enter into a recognizance with two sureties, for the pur- pOse of securing the costs 61 such appeal.
Appropriation
| ties. | of penal" | XXVII. AND be it further enacted, that all fines, forfeitures, and penalties, recovered under, or by virtue of this Act, , shall be pay- able in equal moieties to the use of His Majesty, His Heirs,, , and Successors, and to the party or parties informing. |
RICHARD DANIEL,
LIEUTENANT GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Legislative Council"
this 31st day of Dec., 1833.
H. C. SUTHERLAND,
Clerk to the Council.
SCHEDULE
REFERRED TO BY THE ANNEXED ACT.
No. 1.
Form of Magistrates' License to keep a Public House.
At the General A nnual Licensing Meeting (or at a Special Licens- ing Session). of His late Majesty's Justices of the Peace for the said Colony of Western Australia holden in and for the District of
| in the said Colony, on the | d4 of |
, in the year of our Lord one thousand 6-co
for the purpose of granting Licenses to keep Public Houses,
being the majority of the said Justice's assembled at the said Meeting,
1833. 4 Wm. IV. No. 3.
(or Session,) do hereby authorize and empower A. B. to keep a,
Public House at and in the House now occupied by him at
under the sign of
, and to
_permit all such Spirituous and Fermented Liquors, as the said A. B.
shall be licensed and empowered to sell under.
the authority of any retail license issued by the Collector of Colonial
Revenue, to be drunk or consumed in his said house, or premises thereto
belonging. Provided that he do not fraudulently dilute or adulterate
any liquors by him sold; or sell the same knowing them to have been
fraudulently diluted or adulterated ; aid shall not use in the sellingthereof any Measures that are not of the legal Standard; and shall
not wilfully or knowingly permit drunkenness or other disorderly conduct in his house or premises ; and shall not knowingly suffer any unlawful games or any gaming whatsoever therein ; and shall not knowingly permit persons of notoriously bad character to meet together therein; and shall not keep open his house, or permit any person to remain tippling or drinking therein after the hour of Ten at night, always excepting refreshment to travellers" and lodgers ; and shall not allow any Spirituous or Fermented Liquors to be drunk in, or con- veyed out of his premises during the usual hours of morning and after- noon Divine Service in the nearest Church or Chapel on Sunday, Christmas Dag, or Good Friday; and shall not refuse to admit any magistrate or constable to any part of his house or premises by day or night ; and shall maintain good order and rule therein. And this license shall continuue and be in force until the next General Annual Licensing Meeting of the said Justices, and no longer.—Given under our hands and seals the day above written.
No. 2.
Form of Application for a License to keep a Public Mouse, and of
Certificate of Character.
To the Worshipful the Justices of the Peace acting for the District of
I, AB,
(trade or occupation, and whether single or married) do give notice,
| 4 Wm. IV., No. 3. | 1833. |
that it is my intention to apply the next General Annual Licensing, Meeting to be holden for the above Districtifor a License to permit Spirituous and Fermented Liquors, sold by Retail, to be consumed in my house, and premises thereunto belonging, situate at
and which I intend to keep as an Inn or. Public House. And I pro- pose C .D, of of ; and E F
| of | as my sureties; to enter into the required Recognizance: |
| Dated this | day of |
(Signed) AB.
We, the undersigned householders, residing:at
| hereby certify that the above named A B, | is a person of |
goo•fame and reputation, and fit to keep a Public -House:
Witness . our hands.
No. 3.
Form of Publicans' Recognizance.
| Colony of Western Australia . Be it remembered, that: | n the, , day; 91 |
| to wit. | 183 , 4. B. • |
| of | , C D, | , and .E F, | of |
| , came personally before us, the undersigned Justices | , of |
of the Peace for the said colony, acting for the district of , in the said colony, and acknowledge themselves - to owe to our Sovereign Lord the King, to Wit; thesaid A B ' the sum of fifty pounds ; the said C D the sum of twenty-five pounds ; and the said E F the sum of twenty-five pounds, of lawful British money, to be respectively levied of their several goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, in case default shall be made in the pc.rformance of any of the eOnditionS hereunSer, written.
The conditions of Oil-I: recognizance. are such that whereas the said A B- is to be licensed to keep a common Inn or Public House at and in fiz.e house- now ocenpied by. hini sat -,
and to permit all such Spirituous and Fermented Liquors, as he maY
1833. 6 Wm. IV., No. 3..
be licensed and empowered to sell under the authority of any Retail License issued by the Collector of Colonial Revenue, to 'be drunk or consumed in his said , house, or premises thereunto belonging, until the next General Annual Licensing Meeting of Justices of the Peace for the said district ; if the said A B do not fraudulently dilute or adulterate any Liquors by him sold; or sell the same knowing them to have been fraudulently diluted or adulterated; and do not use in the selling thereof any Measures that are not of the legal standard; and do not wilfully or knowingly permit drunkenness or other disorderly conduct in his house or premises ; and do not know- ingly suffer any unlawful games or gaming, whatsoever; and do not knowingly permit persons of notoriously bad character to meet together therein ; and do not keep open his house, or permit any person to remain tippling or drinking therein after the hour of ten at night, always excepting refreshment to travellers and lodgers: and do not allow any spirituous or . fermented liquors to be drunk in or conveyed out of his premises during the usual hours of morning and afternoon Divine Service in the nearest church or chapel on Sunday, Christmas Day, or Good Friday : and do not refuse to admit any Magistrate or Constable to any part of his house or premises by night or day : but do maintain good order and rule therein ; then the said Recognizance to be void, otherwise to remain in full force.
Taken and acknowledged the day and year first above written,
before us.
No. 4.
Form of Publican's Retail License.
THESE are to certify, (in pursuance of an Act of Council) intituled " An Act to regulate the Licensing of Public Houses," that A B of , in the Colony of Western Australia, is duly licensed from the date hereof until the next General Annual Licensing Meeting for the District of , in the said Colony, to sell, exchange, or otherwise dispose of in retail, in any quantity, any Spirituous or Fermented Liquors in the house and premises thereunto belonging, now occupied by him at aforesaid, under
| the sign of | .; but not elsewhere. And these are further to |
| certify, that the said A B | hath paid into my hands the sum |
| of | pounds on account of such License. |
| Given under my hand the | day of |
Collector Of Colonial Revenne.
(Countersigned)
Auditor of Civil A ccounts.
Printed by authority of the Government, by E. Stirling Printer.
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