Liquor sales (1832) (WA)

WESTERN AUSTRALIA.

ANNO SECUNDO

GULIELMI IV. REGIS,

No. 8.

An Act to regulate the Sale of Spirituous

and Fermented Liquors by Retail.

HEREAS it is, expedient to restrict and regulate the Sale of enacted by His Excellency the Governor of Western Australia and its r "M

W Spirituous and Fermented Liquors within this Colony: Be it dependencies, with the advice of the Legislative Council, that if from arrsth S any.sPiri- gtuoiri:

re=tea ynl

1heon s s tea IInaaltilety feonrosty

and after the first day of July next any Person shall upon any part aaoanns ti	u	tp
of his or her House, Land, or Premises, sell barter, exchange or retail, subjected

OT permit or suffer to be sold, bartered, exchanged, or retailed, any n	G	t	le	s	sth	an410nonnoro
Eh	a	ti	g	O
Rum, Brandy, Arrack, Gin, Whiskey, Cordials, or other Spirituous Liquors; or any Ale, Beer Wine, Cider, Perry or other fermented Liquors in a less quantity than forty Gallons, without having first obtained a License in manner hereinafter mentioned, he, or she, shall forfeit and pay for every such offence any sum not exceeding Fifty Founds, nor less than Ten Pounds.

2 Wm. IV. No. 8. 1832.

No license under this Act II. Provided always, and be it further enacted, that no License

to authorise the consump-

tion of any of the afore-	to, be obtained under this Act, shall authorise the consumption of any
said liquors on the place
of sole, unless it be a li-	of the aforesaid Liquors on the Premises where the same Shall be sold,
=cal Public House, nor	unless such premises be duly licensed as u Public House ; nor shall
to empower any one being
a Licensed publican to sell	empower any retail dealer, not being also duly licensed to keep a
in less quantities than one	Public House; to retail any of the aforesaid Liquors in a less quantity
gallon; under penalty not
less than £5, nor more	than one gallon': And that any retail dealer who not being also a
than £20.	licensed Publican, shall be convicted of having . sold, exchanged or retailed any of the aforesaid Liquors in a less quantity than One Gallon, or of having repeatedly suffered any such Liquors to be con- sumed omhispremises by the purchasers thereof, shall forfeit and pay for every such offence any sum not exceeding/Twenty Pounds, nor less than Five Pounds.

Exception of Liquors sold III. Provided always and be it further enacted that any Phy- a

feonretOend sqleei nIripqsofmallt Apothecary, Surgeon; Chemist, or Druggisl, may tdminister medicina purposes,

Ginger Beer, spruce beer, or sell any of the aforesaid liquors in any quantities for Medicinal

over the counter. Purposes without license : and that any person may sell or dispose of

any Ale, Beer, or other Malt Liquors; and of any Ginger Beer, or

Spruce Beer, to persons standing at his or her Counter for the purpose of being consumed on the spot.

Any Justice of the peaceIV. AND be it further enacted that upon information on Oath,

suspicion by informationupon reasonable ground of being made before any Justice of the Peace by any Constable, or

upon oath may search un- credible person, that be or she doth surely suspect and believe that licensed places for liquors any such Liquor as aforesaid is habitually sold or retailed in anySc., and may condemn

and sell such liquors if so particular unlicensed House or Place; and such Constable or other found concealed for the person shall in such information set forth or show reasonable groundsapparent purpose of illicit P

sale.	for such belief and suspicion ; then and in such case it shall be lawful
for such Justice to grant his Warrant to any Constable to enter and search such House or other place either by day or n ight, Which said Con- stable may break open any doorsif not opened within a reasonable time after demand and seize all such Spirituous or Fermented Liquors as he shall there find, and the Vessel or Vessels containing 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 examination, that such liquors were in the said House or other place for the purpose of being
illegally sold or'disposed of, then such Justice shall adjudge the said Liquor and vessel or vessels to be forfeited and sold, and the proceeds
thereof (after payment of incidental-expences to be allowed by such.
Justice) shall be paid over in equal moieties to the Collector of Colo- nial Revenue to His Majesty's use, and to the party informing: but if
it shall appear otherwise to such Justice, such Liquor and Vessel or
Vessels shall be forthwith restored to the proper owner.

1832.            2 Wm, IV., No. 8.

v. AND be it further enacted, that if any master or other em- No master or employer to

loyer shall directly or indirectly pay or agree to pay any Journey- 1;7P:re riven part) e se( in;

plan, Workman, Servant, Labourer, or other Person hired or employ- of the aforesaid liquors or	ed by or for him or her in any manner whatsoever for or on account troed umeati Oen a niyn sreetstp-off oorf	, under penal	-
of wages, hire, or reward for work or service, either in whole or in stuchfliqtuors

part, in or by any such Liquors as aforesaid, or shall make any sett- grentohal:19":11 151	5	nor
eff against or deduction from such wages, hire or reward for or inres-
pect of any such Liquor; such Master or Employer shall forfeit and pay for every such offence any sum not less than Five Pounds, nor more than Twenty Pounds ; and every such Journeyman, Workman, Servant, Labourer, or other person so hired or employed shall be entitled to his or her whole Wages, Hire, or Reward, any agreement to the contrary notwithstanding.

AND for the more effectual discouragement of tippling in un- Persons purch purchasing any

VI. eesead h soteerseatin.

licensed houses,be it further enacted,that any person whoshall after the oafatullatre

said first day of July now next ensuing, purchase any such Liquor ash et to a pelty na Of not

id nt mor o e

aforesaid from any unlicensed person, shall forfeit a sum not less than than I	2	a On.
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 No Retail licence to be g roaus n tee d o f flafinie or

for retailing any Spirituous or Fermented Liquors within any Gaol h

confinement.

or place of confinement : and that if any Gaoler, Keeper, or Officer, 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 Physician, 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 any person shall bring;	tndueoarvsoinurtmogatnoymtgraoodittcoor
P sons introducing

introducing or

or endeavour to bring any Spirituous or Fermented Liquors (except for Medicinal purposes as aforesaid) into any. such Gaol, or place of Ilse of confinement, sub.

confinement, the Gaoler, Keeper, or other Officer thereof may imi cesceulaan pritotrofm=

mediately apprehend and carry such offender before any Justice of15°.

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

first exhibited, hear and determine such offence in a summary 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.

IX. PROVIDED always, and be it further enacted, that nothing Exception of Liquors Meant for the use of

2 Wm. IV,; No. 8. 1832.

asder or Keeper and Ns hereinbefore contained shall extend to the case of any Spirituous or

family.

Fermented Liquors brought into such Gaol or place of confinement for the sole use of the said Gaoler, Keeper, or Officer or their respec- tive families.

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

ceding clause"' filc bung every Gaol, or place of confinement within the said Colony shall pro.up in some conspicuous

part of every Gaol, or cure a copy of the three preceding clauses to be fairly written out

house of confine/Bent, and hung up in one of the most public parts of such gaol or place of

Any Justice of the Peace confinement, 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 im-

not shown in a legible mediate sight of such copy, and if it be not immediately shown tosight of such copy, and if ,.	state the Gaoler or Keeper him hung up in some conspicuous place in a fair and legible state; he
subject to a penalty of 40s

may forthwith convict such gaoler, or keeper, in the aforesaid penalty

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

Mode of isstdnz Retail Ii- XI. AND be it further enacted, that every license to be issued

.

ceases, and price thereof. uncle ' or by virtue of this Act, shall be issued by the Collector of

Colonial Revenue for the time being, in the form set forth in the Schedule hereunto annexed ; and that for every such license there shall be paid to the said Collector the respective Feesnext 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, Augusta, or King George's Sound, the sum of Twenty Pounds; at any other place in the said colony the sum of Ten Pounds; And for every such license to be granted to a person not being a publican to retail at Perth. or Fremantle the sum of Twenty Pounds; at Guildford, Augusta, or King George's Sound, the sum of Ten Pounds ; at any other place in the said colony the sum of Five Pounds.

Retail Licenses to be XII. PROVIDED always that no license to be granted under

countersigned by the Au-

ditor of Civil Accounts. this Act, shall be valid for any purpose, until the same shall have been produced to, and countersigned by the Auditor of Civil Accounts for the time being.

year to bear date on theLicenses for the present XIII. AND be it further enacted, that every such license issued

future years on the 1st of i LilyI now next ensuing and shall be and continue in force until the	first day of July next: in under this Act, shall for the present year bear date on the first day of
January and to be in force
far year. day of December next inclusive; and that for every future

year, every such license shall bear date, on the first day of January, and shall be and continue in force until the first day of January thence next ensuing.

the current year before the Publicans Licensed for XIV. PROVIDED always and be it further enacted, that it shall

1832.              2 Wm. IV., No. 8.

cense to keep an Inn or Public House for the current year, before fleelsteo :tsikt tolisiet last Rot ;Li	not be necessary for publicans who have received a Magistrate's iii.. date of this Act, not obli-
the passing of this Act, to take out any such retail license as is hereby unary next.
required until the first day of January next.

PROVIDED always and be it further enacted, that if any person Licensed under this Act, shall die before the expiration of the Power to Coll ector of Co-'

XV.

liosnsisanIsRe.venue es to transfer

term of his license, or shall be desirous of transferring his license to any other person or persons, it shall be competent to the said Col- lector to transfer such license by indorsement, to . the Executor or Administrator of the party so dying, or to the appointee of the person so desirous of transferring as aforesaid ; by which transfer the said

Collector shall be entitled to a fee of Ten Shillings.

XVI.     AND be it further enacted, that it shall be lawful for His Power to the Governor to

Excellency the said Governor to direct the said Collector to remit omit any portion of theprice of a License granted

any portion of the price or sum payable, according to the scale here-for a broken period of a

inbefore contained for any license granted or transferred under thisrear.

Act, for any fraction or broken period of a year.

XVII. AND be it further enacted, that all informations and pro- All convictions under this al t ow aeym ?)dye annaysu twm 0-

ceedings on account of any offence under this Act, shall be heard and 'o nly

determined, and all forfeitures and penalties in respect of the same Justices dui° Pea"'

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 to 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 summons either personally, or by the same being left at his usual

place of abode) such two Justices shall hear the matter of such infor. Power to convicting all9 •

mation, and examine all necessary witnesses upon oath; and make Necress taour fcoorncvetstthtoenirs obry-

a n d/t sale, or im-

such order thereon as to them shall seem meet, and in case the party p rison	distre	ss
ment not exceeding

accused shall be by them convicted, and shall fail to pay any Fine s	a	en	a	av	nth,.
or Penalty, Costs, or Expenses awarded by such order within three days next after such order ahall have been personally served on him- or left at his usual place of abode, it shall be lawful for the said con- victing Justices to levy and raise such Fine or penalty, costs, or ex-
penses, by 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 purpose, 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 exceeding six calendar months,

Wm. IV., No. 8. 1832.

this get to be laid within ceedings in respect of offences againet this Act shall be commencedsix calendar months after	Ail ' infoisnatiens under -XVIII. AND be further enacted, that all informations and pro-
commission of offence. 'within six calendar mouths next after the offences thereby res-

pectively charged shall have been committed,

Justices sitting at the X/X. AND be it further enacted, that it shall be lawful for'thehearing of. any informa-

tion to decide what is un- Justices who shall hear any information under this Act for the- offence each case a retailing with-der the circumstances of of retailing. without a license, to determine the fact of what' is Selling

out a license. or retailing without a license according to the circumstances without

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

the liquor alleged to have been sold.

Burthen of proof of license XX. 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.

ter Sessions. himself aggrieved by any judgment or conviction made under this Act Power of appeal to Quar- XXI. AND be it further enacted, that if any person shall think

such person may appeal therefrom' td 'the next Court of Quarter Sessions ; which Court shall hear and :determine :the inatter of such appeal, and shall summon 'all necessary *flea and: Witnesses; and shall make such order in- affirmance-or reversal of the Judgmenvor coviction appealed • from,- and for payment of the costs Of the appeal. as to such Court -shall -seem- meet, and. shell enforce such order (if necessary) by distress and- sale of the goods 'and chattels of any person refusing or neglecting to obey such order ; or by imprisonment of any such person for any -time not exceeding six calendar months, provided

Security for costs of	1/2-that notice of such appeal be given by the appellant to'the Justices three days next after such -judgment or conviction ; and . that such appellant deposit the sum of five pounds with the last mentioned Justices, or enter into a recognizance with two sureties for the purpose of securing payment of the costs of such appeal.
pellant.	13- from whose Judgment or conviction such appeal shall be Made within

peal to be given by

Reservation of the sums XXII. AND. be. it further enacted,that fees or sums-of money

1)  aid f ?bre lgreon s e s. h: payable for licenses under this Act shall. be-reserved to the use of His

s and

all penalties in equal moi- Majesty, his heirs and successors and all Forfeitures and penalties

f il l/tote Crown and the hereby imposed and not hereinbefore otherwise appropriated; shall

be payable in egad moieties to the use lof His Majesty,-IiiS Heirs and

Successors, and to the party or parties informing.

Duration of this Act. XXIII. AND be it further enacted;that this Act- shall continue and be in force until (and inclusive of) the 31st day of December, M

1832.                Wm: IV., No. 8.

the year of our Lord One Thousand Eight Hundred and Thirty.

Four, and no longer.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council

the 8th day of May, 1832. 3.

M. J. CURRIE,

Clerk of the Council.

SCHEDULE.

REFERRED TO BY THE ANNEXED ACT.

FORM OF LICENSE FOR THE RETAIL OF SPIRITUOUS AND FERMENTED

LIQUORS.

These are to certify (in pursuance of an Act of Council passed on the day of and intituled " An Act to regu- late 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, exchange, or otherwise dispose of by Retail (in quantities less than forty Gal- lons) any Rum, Brandy, Arrach, Whishey, Gin, or other spirituous Liquors ; and any Ale, Beer, Wine, Cider, Perry, or other fer- mented Liquors in his House (Store-house or Shop) situate at

but not elsewhere. And these are further to certify that the said A. B. has paid 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 or the Government, by E. Stirling, Perth.