Liquor licensing (1834) (WA)

WESTERN AUSTRALIA.

ANNO QUINTO

GULIELVII IV. REGIS,

No. 4.

An Act to regulate the Sale of Spirituous and

Fermented Liquors by Retail.

WHEREAS it is expedient to restrict and regulate' the Sale of Spirituous and Fermented Liquors within this Colony; Perms selling any Spiri-

vef fermented o rm liquors

Be it enacted by his Excellency the Governor of Western Australia taVeurs t tact

ear in less quantity than quantity

and its Dependencies, with'the advice of the Legislative Council, that yfl eogll ons w itllottot pie':

easubjected

if from and after the last day of this present Year, any person, except c4 as hereinafter mentioned, shall upon any part of his or her house, nalty of not less than £10

land, or premises, sell, barter, exchange or retail (or permit or suffer nor more than la

to be sold, bartered; exchanged or retailed) any Rum; Brandy, Arrack,

Gin, Whiskey, Cordials, or 'other Spirituous Liquors, or any Ale,

Beer, Wine, Cider, Perry, or other fermented Liquors, in a less quan-

tity than Forty Gallons, without having first 'obtained a License in

5 Wm, INT. No, 4. 1834.

manner hereinafter mentioned, he or she shall forfeit and pay, for every such offence, any sum not exceeding Fifty Pounds, nor less than Ten Pounds.

No license under this Act

to authorise the consump-

tion of any of the afore-	II. PROVIDED always, and be it further enacted, that no Li-
said liquors on the place

of sale, unless it be a li-	cense to be obtained under this Act shall authorise the consumption
censed Public House,—	of any of the aforesaid liquors on the premises w here the same shall
nor to empower any one,
not being a licensed Pub-	be sold, unless such premises be duly licensed as a Public House,-..
lican, to sell in less quan-	nor shall empower any Retail Dealer, not being also duly licensed to
tities than one gallon, un-
der penalty of not less	keep a Public House, to retail any of , the aforesaid liquors in a less
than £5, nor more than	quantity than One Gallon. And that any Retail Dealer who, not
£20,	being also a Licensed Publican, shall be convicted of having sold, ex- changed, or retailed any of the aforesaid Liquors in a less quantity than one gallon, or of having suffered any such Liquors to be con. sumed on his premises by the purchasers thereof, shall forfeit and pay, for every such offence, any sum not exceeding Twenty Pounds,
Exception of liquors sold	nor less than Five Pounds.
for medicinal purposes,

PROVIDED always, and be it further enacted, that any Physician, Apothecary, Surgeon, Chemist or Druggist, may ad- minister or sell any of the aforesaid Liquors in any quantities for medicinal purposes without License.

III.

Any Justice of the Peace

upon reasonable ground

of suspicion, by informa- IV. AND be it further enacted, that upon information on oath

tion upon oath, may being made before any Justice of the Peace by any Constable or search unlicensed places credible person, that he or she doth surely suspect and believe thatfor liquors Ac., and may

condemn and sell such any such Liquor as aforesaid is habitually sold or retailed in any

•

goers, if so found conceal-

ed, for the apparent pur- particular unlicensed house or place, and such Constable or other

pose of illicit sale. person shall in such information set forth or shew reasonable grounds

ful for such Justice to grant his warrant to any Constable, to enter

and search such house, or other place, either by day or night; which

said Constable may break open any doors, (if not opened within a

reasonable time after demand,) and seize all such spirituous or fer-

mented Liquors as he shall there find, and the vessel or vessels con-

taining such Liquors, and shall take the same and the person in

whose apparent keeping or disposal the same were found, before the

said Justice ; and if it shall appear to such Justice, after due ext

amination, that such Liquors were in the said house or other place

for the purpose of being illegally sold or disposed of, then such

for such belief and suspicion, then, and in such case, it shall be law forfeited and sold, and the proceeds thereof (after payment of inci- dental expenses to be allowed by such Justice) shall be paid over in equal moieties to the Collector of Colonial Revenue to His Majesty's use, and to the party informing ; but if it shall appear otherwise to

7834.              5 Wm. IV. No. 4.

such Justice, such liquor and vessel or vessels shall [be forthwith

restored to the proper owner.

V. AND be it further enacted, that it shall be lawful for any Pilasters may supply their

master or employer (residing out of the town boundaries of Perth, n	servants with any quanetir-
tyotofex theeeetregstidan lirju oonres

Fremantle, Guildford, Albany, and Augusta) to supply any jonrney- man, workman, servant or laborer, with any quantity of spirituous week one-third of the	servants	ts' wages or earn-
or fermented liquors not exceeding in any one week the amount of	such week.

one-third of the wages or earnings of such journeyman, workman, servant or laborer, during such week ; and to set off and deduct the value of the liquors against or from the wages or earnings of' the per- son or persons to whom the same shall have been so supplied ; and M aster supplying greater

if any master or employer shall supply 'to any such journeyman' quantity, tnoofro rf iotrnott less

workman, serva nt or labourer, any of the Liquors aforesaid in a a me

larger quantity than the proportion above limited, such master or employer shall forfeit and pay, for every such offence, any sum not less than Five Pounds, nor more than Twenty Pounds.

pleersofnspurehu sing any o of

. VI. AND, for the more effectual discouragement of Tippling	he	i
in unlicensed houses, be it further enacted, that any person who t

'shall; after the last day of this present year, purchase any such tonna Ea, nor more than

penalty of not less

Liquor as aforesaid from any unlicensed person, shall forfeit a "sum Ego. not less than Five Pounds, nor more than Twenty Pounds, unless he

or she shall inform against such unlicensed person, or voluntarily

become a witness against him or her in respect of such act of selling

or retailing.

VII. AND be it further enacted, that no - License shall be granted granted for any Gaol or NO Retail license to be

for retailing any spirituous or fermented Liquors within any gaol or House of Confinement.

place of-confinement : and that if any Gaoler, Officer or Keeper of

any such gaol or place of confinement, shall sell, barter, lend, or

give away, or knowingly suffer any spirituous or fermented liquors

to be sold, bartered, lent or given away in, or brought into the same,

except such as shall be prescribed by the order of a practising Phy-

sician, Surgeon, or Apothecary, such Gaoler, Keeper, or Officer,

Shall forfeit a sum not less than Ten Pounds, nor more than Fifty

Pounds.

VIII, AND be it further enacted, that if an y person shall bring, Persons introducing or riqdueaovrscalnrittom-atnoyintjoaoditoere

,

or endeavour to bring, any pirituons or fermented liquors (except

for medicinal purposes as aforesaid) into any such gaol or place of object of Confinement,

egatno az pan anlo t yr f n ot

confinement, the Gaoler, Keeper, or other Officer thereof, may

omore

mediately apprehend and carry such offender before any Justice of than £50.

the Peace; who shall, or may, without any information for that

purpose first exhibited, hear and determine such offence in a sum-

5 Wm. 11r, No. 4, 1834.

wary way ; and if by the oath of one witness or otherwise, such person shall be convicted of such offence, he or she shall forfeit any sum not less than Ten Pounds, nor more than Fifty Pounds.

reption ofliquors meant IX. PROVIDED always, and be it further enacted, that nothing	r the use of the Gaoler
or Keeper and his family. ereneore contained shall extend to the case of any spirituous or h i b f i

fermented liquors brought into any gaol or place of confinement for the sole use of the said Gaoler, Keeper, or Officer, or other respective Families.

A copy of the three pre- X. AND be it further enacted, that the Gaoler, or Keeper of

up in some conspicuousceding clausesto be hung every gaol or place of confinement within the said Colony, shall pro-

part of everyGaolorcurere a copy of the three preceding clauses, to be fairly written out

House of Confinement. and hung up in one of the most public parts of such gaol or place of

Any Justice of the Peaceconfinement, and shall keep the same always legible, under penalty

may at any time demand of Forty Shillings ; and any Justice of the Peace may demand an	sight of such copy,—and •if not sbewn in a legible immediate sight of such copy,—and if it be not immediately shewn to
state, the Gaoler or Keeper him,	hung up in some conspicuous place, in a fair and legible state,
subject to a penalty of 40s. he may forthwith convict such Keeper, or .	Gaoler, in the aforesaid

penalty, and so from time to time as often as he shall think fit.

Mode of issuing Retail

Licenses, and price there- XI. AND be it further enacted, that every license to be issued of.

under or by virtue of this Act, shall he issued by the Collector of Col- onial Revenue, for the time being, in the form set forth in the Sche- dule hereunto annexed ; and that for every such license there shall be paid, to the said Collector, the respective fees next hereinafter mentioned, (that is to say,) for every license to be granted to a Pub- lican to retail at Perth or Fremantle, the sum of twenty-five pounds; at Guildford, the sum of twenty pounds ; at King George's Sound, the sum of fifteen pounds; at Augusta, the sum of ten pounds; at any other place in the said colony, the sum of five pounds ;—and for every such license to be granted to a person, not being a Publican, to retail in any part of the said colony, the sum of ten 'pounds.

Licenses to be counter- XII. PROVIDED always, that no License to be granted undersigned by Auditor of Civil Accounts. this Act shall be valid for any purpose, until the same thall have been

produced to, and countersigned by, the Auditor of Civil Accounts for

the time being.

the 1st of January, and toLicenses to bear date on XIII. AND be it further enacted, that every such license shall

be in force for one year. bear date on the first day of January, and shall be and continue in

force until the first day of January thence next ensuing.

Power to Collector of Col- XIV. PROVIDED always, and be it further enacted, that if any

Dural Revenue to transfer

licenses, person licensed under this Act, shall die before the expiration of the

J834, 5 Wm. IV. No. 4.

term of his license, or shall be desirous of transferring his license to an other person or persons, it shall be competent to the said Collec- tor to transfer such license, by endorsement, to -the Executor or Ad- ministrator of the Party so dying, or to the Appointee of the person so desirous of transferring as aforesaid ; for which transfer a fee of ten shillings shall be demanded.

AND be it further enacted, that it shall be lawful for His Excellency the Governor to direct the said Collector to remit any price of It license granted	P
Pother at o n the Gver nnfa Governor

XV. the any

y foerara. broken period of a

portion of the price or sum payable, according to the scale hereinbe- fore contained, for any license granted or transferred under this Act, for any fraction or broken period of a year.

XVI.      AND be it further enacted, that all informations and pro- All convictions under this

ceedings on account of any offence under this Act, shall be heard and Act to be made in a sum-	aa	a two
determined, and all forfeitures and penalties in respect of the sameg ti:cew	s of thePe
shall be awarded and imposed in a summary way, by any two Justices of the Peace ; and that it shall be competent for any one Justice of the Peace to receive the original information or complaint, and there- upon summon the party accused, and all necessary witnesses, before any two Justices of the Peace, of whom such summoning 'Justice need not be one; and upon appearance of the party accused, (or in his ab- sence 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 two Justices shall hear the matter of such information Power , e a encfonvictin- to convicting Jus

to their oar; e

and xamine all witnesses upon oath, and make such order ders and corncveicrn by'

distress and sale, or im-

thereon as . to them shall 'seem meet; ; and in case the party accused prisonment not exceeding

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 the said convicting

shall be by them convicted; and shall fail to pay any fine or penalty,six calendar months. distress and sale of the goods and chattels of the party so convicted ; and in case such goods and chattels shall be insufficient for that pur- pose, it shall be lawful for the convicting Justices to commit the party so convicted to any gaol or house of correction for any term' not ex- ceeding six calendar months.

XVII. AND be it further enacted, that all informations and pro Allinformations under this

ceedings in respect of offences against this Act shall be comniencede it Act n t od abr be l aid h swa if tt h m e r i no 0sic

within six calendar months next after the offence's thereby respectively mission of offence.

charged shall have been committed.

Justices s itting at the hear-

XVIII. AND be' it further enacted, that it shall be lawful for the "ng of any information, to undern,

a lea" any information under this Act for the offence Justices who shall hear what is the

5 Wm. IV., No. 4. 1834,

circumstances of each case of retailing without a license, to determine the fact of what is- selling

p retailing without a It- or

retailing without a license; according to the circu instances, without

any direct evidence of money or other value having been given for

the liquor alleged to have been sold.

cense.

Burthen of proof of license XIX. AND be it further enacted; that upon the hearing of any to lie upon defendant, information under this Act, it shall be incumbent upon the person

accused of having retailed, or permitted to be retailed, any -of the aforesaid liquors, without a license, to produce a satisfactory proof to the sitting magistrates, that he is duly licensed to retail.

Power of Appeal to Quay- XX. AND be it further enacted, that if any person shall think

ter SessiOns,

himself aggrieved by any judgment or conviction made under this Act, such parson 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 the costs of the ap- peal, as to such court shall seem meet; shall enforce such order (if necessary) by distress and sale of tlle goods and chattels of any

person refusing or neglecting to obey such order, OT by Imprisonment

of any such person for any time not exceedint, six calendar months, provided that such notice of appeal be given by the Appellant to theb

Security for costs of Ap-Justices from whose judgment or conviction such appeal shall be made peal to be given by Ap. within three days next after such judgment or conviction ; and that pellaut. swell appellant-deposit the sum of five pounds with the last mention-

ed Justices, or enter into a recognisance, with two sureties, for the

purpose of securing payment of the costs of such appeal.

Reservation of tho sums I. AND be it further enacted, that the fees or sums of money

paid for licenses to the use 2,C7-1

of the Crown, and of all payable for licenses or transfer of licenses under this Act, shill be re-

penalties in equal moieties	to the Crown and the In- served 'the use of His Majesy, his Heirs and Successors ; and alld to t
former. forfeitures and penalties hereby imposed, and not hereinbefore other- wise appropriated, shall be payable in equal moieties to the use of His Majesty, his Heirs and Successors, and to the party or parties informing.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council

this 31st day of September, 1834. .1

PETER BROWN,

Clerk to the. Council,

/sm. 5 Wm. IV., No. 4.

SCHEDULE REFERRED TO BY THE ANNEXED ACT,

FORM OF LICENSE FUR THE RETAIL OF SPIRITUOUS LIQUORS.

THESE are to certify (in pursuance of an Act of Council passed on the Thirty-first day of December, 1834, and intituled " An Act to regulate the Sale of Spirituous and Fermented Liquors by Retail,"

that A. B., of , is duly licensed -

from the date hereof until the first day of January next, to sell, ex-	change, or otherwise dispose of by retail,
any Rum, Brandy, Arrack, Whiskey, -Gin, or other Spirituous Liquors; and any Ale, Beer, Wine, Cider, 'Perry, or other fermented Liquors, in his House (Store, House or Shop,) situate at , but not elsewhere. ÁND these
are further to certify, that the said A. B. haspaid
into my hands the sum of Pounds on account
of such License.

Given under my hand the

day of

( Signed) C. D.,

Collector of Colonial Revenue.

(Countersigned)

E. F.,

Auditor of Civil Accounts.

Printed by authority of the Government, by E. Stirling, Perth.