Liquor licensing (1841) (WA)
WESTERN AUSTRALIA.
ANNO QUARTO & QUINTO
VICTORI2E REGINA.,
No. 8.
An Act for repealing the Laws now in force
- Western Australia in future.
relative to the Licensing and regulating of. ing the granting of Licenses for the Sale of Ale, Beer, Wine, Spirits, and other Liquors in
| WHEREAS the laws for licensing and regulating Public Housespreamme. | require amendment, and whereas, with this view, it is ex- |
pedient to repeal the Act of the Governor and Council No. 3 of the 4 GuL IV., No3,repeated.
4th year of His late Majesty. Kiug William the Fourth, entitled "An Act to regulate the Licensing of Public Houses," and to enact other regulations and provisions in lien thereof ;—Now, therefore, be it:enacted, by His Excellency the Governor of Western Australia,
1841. 4 & 5 Vic. No. S.
by and with the advice of the Legislative Council thereof, that from and after the passing of this Act, the said recited Act shall be, and the same is hereby repealed.
| Perms guilty of permit- H. AND be it enacted, that from and after the passing of this | ring istilsloeila tyrgeem to | L | n ted | t if any person shall permit any distilled or fermented Liquors | , |
be consumed on their pre- sold by him or her, to be consumed by or on account of the pur-
ing a License subject to chasers thereof in his or her house or premises, or any out-house,mises without first obtain-
| a penalty not less than yard, ga rden, close or appurtenance adjacent thereto, without having | flO, nor more than S50. • first obtained such license as is hereinafter mentioned and required,b |
every person so offending, being thereof convicted, shall forfeit and
pay a sum not less than Ten Pounds, nor more than Fifty Pounds.
General Annual Licensing III. AND be it enacted, that a General Meeting of the Justices.
| Meeting of Justices when | of | the Peace acting in and for each district in the said Colony, to be |
| and | where | to be holden |
for granting Licenses, called 4e The General Annual Licensing Meeting," shall be holden on the 31st day of December in the present and every succeeding year, (or in case the said day should fall on 'a Sunday or public holiday, then on the next preceding day, not being a Sunday or public holiday) for the purpose of taking into consideration all ap- plications which shall be made to them for Licenses to keep Public Houses during the ensuing year, commencing on the first day of January next after the day of such Meeting ; and it shall be lawful for the Justices assembled at such Annual Licensing Meeting, being three in number at least, to grant to such persons as shall be ap-
| Meetings may be adjourn- certificate | proved by the majority of such Justices, after taking the required |
| e ,i | s and recoguisances, Licenses in the form in the annexed Schedule, and to adjourn such Annual Licensing Meeting, 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 convenient for enabling persons resident within such district to apply fur Licenses. |
| Justices | under | certain | ell'. | IV. AND be it enacted, that no Justice of -the Peace being a |
cumstanacs disqualified Brewer, Malster or Distiller, or an Importer of or Dealer in Wine
from acting at such Meet-
| ings, | or any Malt or Spirituous Liquors, or concerned in partnership with any Brewer, Malster, Distiller, Importer or Dealer in Wine or Malt or Spirituous Liquors, or being the owner or part Owner of, or Trustee, Manager or Agent for any owner or part owner of any house about to be licensed or relicensed, or being directly or indi- rectly interested in any such house, shall sit or act in any meeting of Justices during the consideration of any application for a License, or of any thing relating thereto. |
In case of deficiency. of V. AND be it enacted, that whenever at any such AnnualDistrict Justices, Justices of an adjoining dis trict Licensing Meeting to be holden for any district as aforesaid, or at may act,
| 4 & 5 Vie. No., 8. | 1841. |
fly such Special Session as 'is hereinafter Mentioned, there. shall lot be present at least three Justices not disqualified as aforesaid; it :hall be lawful, upon the request in writing of any Justice of such district, for any Justice or Justices of an adjoining-district, not tlis‘ qualified as aforesaid, to act within such first-mentioned district, and
with the Justice or Justices thereof who shall be present at any 'such
Annual Meeting or Special Session, for the purpose of granting or transferring Licenses under, or of bearing complaints for offences
| against this Act. | t, |
VI. AND be it enacted, that when . at any such Annual Licensing All questions alto &mit.;
Meeting as aforesaid, or at any such Special Session as is hereinafter12:inerni7;,Lyt
mentioned, any question shall arise touching the granting, with- majority ofJustices.
holding or transferring any License, or the fitness-of the person ap-
plying for such License, or of the house intended to be kept by such
person, such question shall he determined by the majority ofJustices;
not disqualified as aforesaid, who shall be present.
| VII. | AND be it enacted, that the Justices acting at any such All .applicatior ‘ | to | i be re. |
Annual Licensing Meeting as aforesaid shall receive all application'si, eu7 etrie njus7ICIS .t:ec!X:
| for Licenses, with the certificates in support thereof, which shall then else their discretioniaansetsi .eg i Li- | be presented to them ; hut nevertheless it shall be lawful for such'% |
| in the exercise of their discretion as aforesaid, to grant Licenses to such persons only as, upon the said certificate and upon other information before them, shall appear likely to keep orderly houses. |
VIII. AND be it enacted, that every person desirous of obtaining Applicants for Licenses to
| a License for keeping a Public House under the provisions of this | notice of |
| tgli | i evict. aapIpvillieta | t e | t ion, | P |
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 inten- tion to apply for such License; and that in every such notice there- .
shall be contained a full description of the dwelling-house or -pre-containing a description
| raises proposed to be licensed, with a statement of the applicant's be Iiic | ieen lsieoldistehproposed | a |
| pin:Ps |
trade or calling and situation in life, and whether married or unman- trade or caning, and the
tied, together with the names, residences, and additions of his or bernam", residences and ad-ditions of his proposed
proposed sureties; and every such notice shall be accompanied by a sureties ;
| certificate, signed by two respectable householders within the district | intnedtecrertn | ifinen | a te m |
| last aforesaid, purporting that the person delivering such notice and | aseatnos eh aoi |
| certificate is of good fame, and fit to keep a public house, and is able accommodation. | |
| to provide accommodation hereinafter mentioned for the public con- venience ; and which notice and certificate shall be in the form in the annexed schedule. |
| It AND be it enacted, that every person applying for a License A Recognisance with Oro | sutet:es to be entered into |
| 1841. | 4 & 5 | No S. |
before any License
| granted. | be shall, before the same be delivered to him, enter into a recognisance in the form in the annexed schedule, in the sum of Fifty pounds, with two sureties in the sum of Twenty-five pounds each ; and all such recognisances shall be regularly recorded in the records of the respective Benches, and shall, within one month after the same are entered into, be transmitted to the Clerk of the Peace, and be by him, or the person acting as Clerk of the Peace, or his deputy, filed in his office. |
If applicant for License X. AND be it enacted, that if any person desirous of applying
should be unable to attend
| such Meeting, Justices a 6 any | such Annual Licensing Meeting as aforesaid, or at any sucri |
| may dispense with at- Special Session as is hereinafter mentioned, for a License under this | tendauce. |
Act, or for the transfer of any such license, shall be hindered by sickness, infirmity, or any other reasonable cause, from attending in person at any such meeting or session, it shall be lawful for the Jus- tices there assembled to grant or transfer such license to such person so hindered, proof being adduced to the satisfaction ofsuch 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.
| Mode of issuing and dam- XI. AND be it enacted, that every License to be granted under | lion of License. |
the provisions of this Act shall be signed by the majority of the Justices present, qualified as aforesaid, at the Licensing Meeting or Session at which the same shall be granted, and shall be in force un- til 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 or Sub-Collector of Revenue, who shall forthwith, after the receipt of the proper license, issue the same to the person licensed thereby, together with a -Publican's Retail license in the form in the annexed schedule.
Special Session for trans-
| ferring Licenses, and | XII. AND be it enacted, that if any person shall be desirous, obtaining a License to keep a Public House for the residue of the 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 Magis- trates of the 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 |
| granting Licenses for | after any such General Annual Licensing Meeting as aforesaid, of |
| broken periods, how and | |
| when to be holden. |
1841. 4 & 5 Vic, No 8.
next following such Special Session, and to transfer the license of any house previously licensed to the nominee or nominees of the original holder of such license ; provided that such nominee or nominees, and the person or persons so newly licensed at any such Special Session, produce the like certificate, and enter into the like recognisances, as are hereinbefore required from persons obtaining Licenses at any such General Annual Licensing Meeting as afore- said ; and every License so granted or transferred at any such Special Session as aforesaid shall be lodged by the said Clerk with the Collector or Sub-Collector of Revenue, who shall thereupon issue it to the person or persons entitled to receive the same, together with a corresponding Retail License, or transfer of Retail License, as the case may require.
| XIII. | AND be it enacted, that it shall be lawful for the Clerk Of Fees to he received * | by |
| such Justices at any such Licensing Meeting or Special Sessions asjCu | lestrk | to the Licen sing | ng |
| aforesaid, to demand and receive from every person obtaining a Li- cense, or transfer of License, such fees or sums as the Justices 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 Clerk of the Peace, the sum of Ten shillings and sixpence. |
XIV. AND be it enacted, that the Executor or Administrator of Executors or Administra-
any person holding a License under this Act shall be entitled, so far tors maYeldl°14 the License
as the provisions of this Act are concerned, to carry on the business at t7fleIL nveXtrtmei:;
of the house hereby licensed, without renewing such License until thedaY,1 sti:otsca'atgnext General Annual Licensing Meeting following the decease of therreetoganisanc'es, as the de-
person so holding such license. Provided always, that the License's°.
of such house shall be subject to the same regulations as if it had
continued to be holden by the person or persons to whom the same
was originally granted, and that new recognizances be entered into
according to the provisions of this Act.
| Jfus | th | tiecec | s erTifictraaten | r |
| XV. | AND bo | be | it | enacted | d, that the Justices by whom any- Licenses | ssmgitaillitsetei |
shall be granted under the provisions of this Act, shall transmit to by theta to Colonial Se-
the Colonial Secretary for the time being -within ten days after the cret8T7'
granting of such Licenses as aforesaid or by the earliest proper op-
portunity, a list signed by the said justices of all the persons to whom
| sign, and name of each house, and if not in a town, its distance from | they shall have so granted Licenses, specif y ing b • situation and |
| 4 & 5 Vic. No. 8. | 1841. |
the nearest licensed house in each line of road, the name of the owner or proprietor, whether before licensed or not, and the names and re- sidences of the sureties.
Governor may grant Li- XV I. AND be it enacted, that it shall and may be lawful for the
ceases to Steam-packets.
| Sce. | Governor of the said colony for the time being, whenever he shall deem it expedient, to order and direct that a License for twelve months from its date shall be granted at any period of the year by the Collector or Sub-Collector of Revenue to the Master or Com- mander of any Steam-vessel or other vessel by which passengers shall or may be conveyed from or to any place, port or harbour with- in the said colony or its dependencies, for the sale of Ale, Beer and other malt Liquors, and Wine, Cider, Ginger-beer, Spruce-beer, Brand y , Rum, Gin, Whiskey and other fermented or Spirituous Li- quors ou board of such steam.-vessel, or other vessel, to any such pas- sengers; provided always that no such License shall be granted until |
| payment be made to the Collector or Sub-Collector of Revenue as | |
| aforesaid of the sum of One Pound. | |
| XVII. AND be it enacted, that no person holding office or em- 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. |
| holding Licenses, Ac. | Persons disqualified from ployment under the Government, no Sheriff's officer or Constable, |
XVIII. AND be it enacted, that no house shall be licensed un-
| .No | house | to be licensed |
unless it contains certain der this Act unless the same shall contain one sitting room and one accommodation. sleeping room for public accommodation, independent of the apart-
Publicans refusing rea. merits occupied by the family of the Publican ; and if any Keeper of
| travellers, subject to a • | sonable refreshmect to a licensed Public House shall without reasonable cause refuse to ffur- |
| exceeding Ten msh reasonable lodging and refr | esh | ment to any traveller, or to the |
malt
| en | not |
| Pounds nor less than For- horse or horses of any traveller by night or day, such keeper of such | ty Public House shall forfeit and pay a sum not exceeding Ten Pounds |
nor less than Forty Shillings.
XIX. PROVIDED always and be it enacted, that it shall be lawful for any two or more Justices of any district to grant under their hands, without any fee, temporary licenses to Publicans already li- censed within such district to retail liquors, in any tents, booths, or other edifices during the holding and at the place of any public en- tertainment within said district.
| Publicans to have their XX. AND be it enacted, that every person licensed to keep a naes and the words " Li-nsed Pablican, painted Public House under this Act shall have his or her name at lengthm | ce | " |
on some conspicuous part painted in legible letters, with the words" Licensed Publican" in like of their premises, under a letterspenalty not less than For- Weis, on some conspicuous part of his or her premises, and any such
| Ten Pounds. | ty Shillings nor exceeding fibensed person who shall neglect to have his or her name with the |
1841. 4 & 6 Vic. No. 8.
said words so painted shall for every such offence forfeit a sum not
less than Forty Shillings nor exceeding Ten Pounds.
XXI. AND be it enacted, that if' any person not actually holding unlicensed persons keep-
| a License shall keep up any sign, writing, painting, or other markinli implying | any sign or other |
| on or near to his house, or premises, which may give reasonable subject o | tplyiiinLPeanalgzeenns |
| cause to believe that such house is licensed as a Public house, every exceeding Ten Shillings | less than Forty | |
| ||
| person so offending shall for every such offence forfeit a sum not less than Forty Shillings nor exceeding Ten Pounds. |
| abandon the occupation of his or her licensed house as his or heridsoesnitnogtletevliireteunasleLperpeimw: | XXII. | AND be it enacted, that if any licensed person shall Licensed Publicans aban- |
| usual place of residence, and knowingly permit any unlicensed per-of any unlicensed person, | bjpeecntatlo | t7lonsostoCesLsiettsne |
| son or persons to become virtually or in effect the keeper or keepers subject | u |
thereof, then upon proof of such facts to the satisfaction of any two Ten Pottndsnor exceeding
or more Justices of the Peace, it shall be lawful for such Justices to FittY Pounds.
declare the License of such house absolutely void, or at the discretion
of such Justices, such licensed person shall forfeit a sum not less
than Ten Pounds nor exceeding Fifty Pounds.
| XXIII. | AND be it enacted, that if the keeper of any Public Publicans bartering Li- | or taking t) | o nee |
| house licensed under this Act, shall take or receive from any person ?:o y thingi n if payment | any | money |
| in payment or in pledge for liquor consumed in his or her house any subject to a penalty not | less than Twenty Shillings |
| article of clothing or slops or any tools or any other article or thin°• | t, | a norexceeding FLVC Pulltldfl |
excepting metallic or paper money, such keeper of a Public house so offending shall for every such offence forfeit a sum not less than Twenty Shillings nor exceeding Five Pounds.
| XXIV. | AND be it enacted, that no licensed person shall main- Debts for Spirits not re- | ble unless con tract- |
| tain any action for, or recover any debt or demand on account of coiveraT | b 1 hugs at |
| spirituous liquors consumed on the premises, unless such debt shall | conefoiimew.enty . l |
| bona fide have been contracted at one time, to the amount of twenty shillings or upwards ; nor shall any item in any account for spicit_ nous liquors be allowed, where the liquors bona fide delivered at one time to be consumed on the premises shall not amount to the full |
sum of twenty shillings; provided always that nothing herein con- Net to prevent Initheep-
tabled shall extend to prevent Innkeepers from keepinga an acco un t lodgers.' having accounts with
with lodgers and travellers, in which any charge for spirits may be
included, and recovering the amount thereof in a Court of Justice.
_ XXV. AND be it enacted, that if a Coroner's Jury or any three Death by intoxication
found by coroner's Jury
| Justices who shall inquire by examination of witnesses into the causes | or Magistrates' inquiry to |
| of the death of | o any person dying suddenly or under other extraor-void the License, of the |
| dinary circumstances, shall find that the death of such person was house in which the same | shall happen. |
| caused by intoxication in any Public house, the keeper of such house shall from the date of such finding be deemed to be unlicensed, and no new license shall be granted to him.. |
| 4 & -5 Vie., No. 8. | 1841. |
empowered to enter Pub-Justices end Constables XXVI. AND be it enacted, that it shall be lawful for any Justice lic Houses at all hours, of the Peace or any Constable generally authorised by a 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 con viction 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 tire date of such conviction ; provided that if such admittance be refused or wilfully delayed, it shall he lawful for such Justice or Constable to break into such Public House with his assistants to serve process or for any other lawful purpose.
| Stranger's | goods | in Li | - | XXVII. | AND be it enacted, that every house licensed as herein |
| nhtounsrei any other | liable | er provided shall be considered as a common Inn, and no goods or |
for Rent
claim against such houses. chattels whatsoever, bona fide the property of any stranger or stran-
gers, and being in such licensed house or the appurtenances thereof or any place used and occupied therewith in the ordinary course of resort at such licensed house, shall be subject to be distrained or seized for or in respect of any claim of rent for such licensed house or appurtenances or in respect of any other claim soever against the said house or appurtenances or the owner thereof; and if any such goods or chattels shall be distrained or seized for rent or in any other manner contrary to the provisions of this Act, it shall be lawful for any two Justices of the Peace to enquire into any complaint made in respect of such distress or seizure in a summary manner, and to order such goods and chattels to be restored to the owner or proprietor thereof ; and further, to award such reasonable costs as shall be in- curred by such summary proceeding, and such costs to levy by dis- tress and sale of the goods or effects of the person or persons distraining or seizing such goods or chattels as aforesaid.
| Penalties anddisability | XXVIII. AND be it enacted, that if any person licensed under |
| incurred by breaches of this Act shall offend against the t | enor of his or her License, or shall |
| conditions of Reeegni- in any respect commit a breach of, or otherwise be guilty of any of- | =MC. |
fence against any condition of the recognizance by him or her entered
A first conviction to incur into, he or she shall on conviction thereof, forfeit arid pay or become Twenty Shillings nor ex-a penalty not less than liable to the several penalties and to the disability hereinafter men-
ceeding Five Pounds. toned ; that is to say, for the first offence, a sum not exceeding Five
penalty not less than Forty Li"For a second conviction a .p,,, n ds nor less than Twenty Shillings, and for the second offence a
Shillings nor exceeding sum not exceeding Ten Pounds nor less than Forty Shillings, and
| Ten Pounds. | Fur the third offence thefor the third or any subsequent offence it shall be lawful for any one |
| offender to he summoned Justice upon complaint or information of such third or subsequent | |
| to the Quarter Sessions. 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 com-
| 4 & 5 Viet., No. 8. | 1841. |
plaint or information ; and also to bind the complainant or informant, and any other person or persons, to appear at such Sessions and give evidence against such licensed person, and in the event of such per- son being convicted of such third offence by the said Court, he or she on a third conviction the
| shall forfeit and pay a sum not less than Ten Pounds nor exceeding teed | err t o forfeit his |
| cognizances shall be declared forfeited and his or her License void,Tor. sexceeding Fifty | Fifty Pounds (at the discretion of the said Justices), his or her re-not less th!InayTean penalty | |||||||
| ||||||||
| ||||||||
|
| f | holding | olding | another |
| date of such adjudication. | Years. |
XXIX. AND be it enacted, that in case of any offences against Persons offending on a-
| the tenor of the License or recognizance under this Act where the Sunday liable to double | Penalty, |
| same shall have been committed on. a Sunday, the party offending shall forfeit and pay double the amount of fines and forfeitures im- posed in such cases under this Act. |
XXX. AND be it enacted, that all informations and proceedings Mode of recovering pen-
| in respect of any offence under this Act shall be heard and deter- ties imposed by this Act | eorne |
| mined, and the forfeitures and penalties in respect of the same shall byeforseum0 Justice vNivet; | |
| be awarded and imposed in a summary way by any one Justice of the not otherwise provided. Peace in all cases where it is not by this Act otherwise provided. |
| under this Act against any person for keeping a Public House, it shall tope upon accused. | XXXI. | AND be it enacted, that upon hearing of any information Burden of proof of License |
be incumbent upon the person accused to produce a satisfactory proof
to the sitting Magistrate that he or she is duly licensed.
XXXII. PROVIDED always and it is hereby enacted, that Act not to annul or modi-
| annul, or modify the provisions of any other Act not herein referred Act now force. | nothing in this Act contained shall extend or be construed to concel, fy provisions of any other |
| to and now in force in this colony, or to prohibit any sale or con- sumption of distilled or fermented Liquors authorised under any such Act. | |
| XXXII!. AND be it enacted, that all informations and proceed- Limitation of prosccu- ings in respect to offences against this Act shall be commenced °" | |
| within three calendar months after the offences' thereby respectively charged shall have been committed. |
| XXXIV. AND be it enacted, that if any person shall think him-Appeal to | Quarter Ses- |
self aggrieved by any judgment or conviction made under this Act, si"s*
such person may appeal therefrom to the next Court of Quarter
Sessions. Provided that notice of such appeal be given by the ap- Appellant to give notice,
pellant to the Justice from whose judgment or conviction such appeal end deposit £5.
Shall be made within three days after such judgment or conviction ;
4 8; 5 Vie., No. 8.
and that such appellant deposit the snm of Five pounds with such last-mentioned Justice,.or enter into a recognizance with two sureties, for the purpose of securing the costs of such appeal.
No action to lie against
| any Justice or Constable | XXXV. | AND be it enacted, that no action at law shall lie against |
| without proof of malice, | any Justice of the Peace, Constable, or other peace officer, for or |
| and unless it be commen- | on account of any matter or thing whatsoever done, or to be done |
| ced in three months. | or commanded by him in the execution of his duty or office under this Act, against any party or parties offending, or suspected to be offending, against the provisions of this Act, unless there be direct proof of corruption or malice, and unless such action be commenced within three calendar months after the cause of action or complaint shall have arisen ; and if any person shall be sued for any matter or thing which he has done in the execution of this Act, he may plead the general issue, and give the special matter in evidence. |
| Appropriation of fines. | XXXVI. | AND be it enacted, that all fines and forfeitures shall |
be divided and paid and applied as follows ;—that is to say, after de- ducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be appropriated towards the Government uf the said colony, in snch manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and the other moiety to the party or parties informing.
| Act may be amended: | X X XVII. AND be it enacted, that this Act may be amended or repealed by any Act to be passed in the present Session. |
JOHN HUTT,
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Council
14th May, 1841. .1
WALKINSDAW COWAN,
Clerk of the Council.
| 4 & 5 Vie. No. 8. | 1841. |
SCHEDULE
REFERRED TO BY THE ANNEXED ACT.
No. I.
FORM OF MAGISTRATES' LICENSE TO KEEP A PUBLIC HOUSE.
At the General Annual Licensing Meeting (or at a Special Licensing Session) of Her Majesty's Justices of the Peace fur the Colony of Western Australia, holden in and for the district of
| in the said colony, on the | day of |
, in the year of our
Lord , for the purpose of granting Licenses to keep Public Houses,
It _E, being the majority of the said Justices assembled at the said
Meeting (or Session), do hereby authorise 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 thereunto belonging. Pro- vided 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; and shall not use in the selling thereof ant,' 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 conveyed out of his premises during the hours of morning and afternoon Divine Ser-Friday; vice on Sunday, Christmas Say, .or Good and shall not refuse to admit any Magistrate or Constable to any part of his house or premises by night or day ; and shall maintain good order and rule therein. And this License shall continue 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.
1841. 4 & 5 Vie. No. S.
No. 2.
FORM OF APPLICATION FOR A LICENSE TO KEEP A PUBLIC HOUSE, AND
OF CERTIFICATE OF CHARACTER.
To the Worshipful the Justices of the Peace acting for the.
District of
I, A B (trade or occupation, and whether single or married),
do give notice, that it is my intention to apply at the next General Annual Licensing Meeting to be holden for the above district for 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 propose C D, of | , and .E 1', of |
, as my sureties to enter into the required recognizance.
| Dated this | day of |
| (Signed) | A B. |
We the undersigned Householders, residing at
do hereby certify, that the above-named A B is a person of good
fame and reputation, and fit to keep a Public House.
Witness our hands
No. 3.
FORM OF PUBLICAN'S RECOGNISANCE.
| Colony of Western Australia Z | Be it remembered, that on the |
| to wit. | 5 | day of | , IS | , |
| AB, of | , C D, of | , and E F, of |
eanze personally before us, the undersigned Justices of the Peace . for the said Milony, act- ing for the district of , and acknowledge themselves
to owe to our Sovereign Lady the Queen--to wit, the said 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 L.-guful _British
money, to be respectively levied of their several goods and chattels,
lands and tenements, to the use of our said Lady the Queen, her heirs and successors, in case default shall be made in the performance
of any of the conditions hereunder written.The Conditions of this Recognizance are such, that whereas the
| 4 & 5 Vict., No. 8. | 1841. |
said A B is•to be licensed to keep a common Inn or Public House at and in the house now occupied by him at , and to permit all such spirituous and fermented Liquors as he may be licensed and em- powered 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 knowingly suffer any unlawful games or any gaming whatsoever ; and do not knowingly permit persons of noto- riously 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 fer- mented liquors to be drunk in or conveyed out of his premises during hours of morning and afternoon Divine Service on Sunday, Christ- mas Day, or Good Friday; and do not refuse to admit au?! Magistrate or Constable to any part of his house or premises by night or day ; but do maintain gaod order and rule them in ;—then the said Recognizances to be void, otherwise to remain in full force.
Taken and acknowledged the day and year first above written
before us
No 4.
FORM Op PUBLICANS RETAIL LICENSE.
These are to certify (in pursuance of an Act for repealing the laws now in force relative to the licensing and regulating of Public Houses, and for the better regulating the granting of Licenses for the sale of Ale, Beer, Wine, Spirits and other liquors'in Colony
| Western Australia, is duly licensed from the date hereof until the | Australia, in future), that A B, of | , in the Colony of |
next General Annual Licensing Meeting for the district of
in the said colony, to sell, exchange, or otherwise dispose of in retail,
1841. 4 & 5 Vic. No. 8;
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, not elsewhere. And
these are further to certify, that the said A B bath paid into my
| hands the sum of | pounds on account of such License. |
| Given under my hand the | day of |
COLLECTOR OF COLONIAL REVENUE,
(Countersigned)
AUDITOR OF CIVIL ACCOUNTS‘
Printed by authority of the Corerninent, by E. Stirling, Perth
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