Liquor sales (1856) (WA)

WEST ERN AUSTRALIA.

ANNO VICESIMO VICTORIZE REGIME.

No. II.

An Ordinance to consolidate and amend the Laws relating to the sale of spirituous and fermented Liquors.

HEREAS it is expedient that all the Laws regulating the

sale of fermented and spirituous liquors in certain specified

quantities be consolidated into one Ordinance ; Be it therefore en_Preamble,

acted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof:—

I. THAT the several Ordinances next hereinafter mentioned, that is to say, No. 8 of 1832, No. 2 of 1833, No. 4 of 1834, No. rit i enpaenael e s o f ro fornpn ose

3 of 183.8, and No. 3 of 1841, shall, from and after the time at T purpose

which this Ordinance shall come into operation, be respectively of consolidation,

repealed.

20th Viet. No. 2. 1856.

II. THAT from and after the thirty-first day of December next,

the seller of spirits

any person who shall, upon any part of his or her house, or at any

in a less quantity

place within the said colony or its dependencies, sell, barter, or

than forty gallons,

or of fermented li-

exchange, or permit to be sold, bartered, or exchanged, any spi-

quors (except colo-

rituous liquors in a less quantity than forty gallons, or any fer-

than 15 gallons

nial wine) in less

mented liquors (except colonial wine) in 'a less quantity than

without a license, in-

fifteen gallons, without having first obtained a license in manner

curs a penalty of

hereinafter mentioned, he or she shall forfeit and pay, for every

£50.

such offence, any sum not exceeding fifty pounds : Provided

License does not al-

always, and be it further enacted, that no license to be obtained

low consumption on

under this Ordinance shall authorise the consumption of any of

premises.

the aforesaid liquors on the premises where the same shall be sold,

Nor to sell less than

nor shall empower any person holding a license under this Ordi-

one gallon.

nance t6 sell, barter, or exchange any of the aforesaid liquors in a less quantity than one gallon ; and that any person holding a license under this Ordinance, who shall he convicted of having sold, bar- tered, or exchanged any of the aforesaid liquors in a less quantity than one gallon, or of having suffered any such liquors to be con-

Penalty of £20.

sumed on his premises by the purchaser or purchasers thereof, shall forfeit and and pay, for every such offence, any sum not ex- ceeding twenty pounds.

HI. THAT no license to be obtained under this Ordinance

shall authorise the furnishing of any of the aforesaid spirituous or

Giving liquors to fermented liquors to any soldier after the hours of roll-call or tattoo

soldie after roll-call r

or tattoo, £20; in the evening, that is to say, after the hour- of nine o'clock from

the eleventh day of October to the fourteenth day of May in- clusive, and after the hour of half-past eight o'clock from the fourteenth day of May to the eleventh day of October inclusive ; and any person convicted of having furnished any of the aforesaid spirituous or fermented liquors to any soldier after the hours afore- said, or of harbouring any soldier after the hours aforesaid, shall forfeit and pay any sum not exceeding ten pounds.

Penalty on purcha- IV. THAT any person who shall, after the time at which thisser of liquors from unlicensed persons, Ordinance shall come into operation, purchase any such liquors, in

£2a quantities prohibited as aforesaid, from any person not licensed under

this Ordinance, knowing such person shall not have been so li-

Unless he informs.

censed, shall forfeit any sum not exceeding 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 sel-

20th Viet. No. 2.

1856.

ling: Provided always, that it shall be lawful for any master or

employer (not residing within two miles of any Public House) to Employers in certain

supply any journeyman, workman, servant, or laborer, at his re-cases may supply quest, with any quantity of fermented liquors, not exceeding in servants. theirworkmenor

any one week the amount of 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 such liquors against or from the wages or earnings of the person or persons to whom the same shall have been so supplied.

V.    THAT every license issued under or by virtue of this

Ordinance, shall be issued by the Collector of Internal Revenue for

the time being, or other person or persons appointed by the Go-ottor receives li.

vernor for that purpose, in form set forth in the schedule hereunto cense fee.

annexed ; and that for every such license there shall be paid to the

said Collector, or other person as aforesaid, a fee of ten pounds ,

Provided always, that every license issued under this Ordinance to any part of the cobs. '

a licensed auctioneer shall authorise the sale by auction, by such "y

auctioneer, of any liquors in anypart of this colony.

THAT every such license shall be and continue in force EtatirsiVeer.

from the date thereof until the thirty-first day of December then ber after date.

next ensuing inclusive, unless sooner forfeited.

VI.

VII.    THAT if any person licensed under this Ordinance shall die

or become insolvent before the expiration of the term of his or her

license, or shall be desirous of transferring his or her license to Transfer fee 10s.

any other person or premises, it shall be competent to the said Collector of Internal Revenue, or other person appointed as afore, said, on payment of a fee of ten shillings, to transfer such license, E xecutor or min- ad

istrator of dead per-

by indorsement, to the executor or administrator of the person so son.

dying, or to the assignee or trustees of the person so become in-

solvent, or to the appointee of the person so desirous of trans- tstignesof Insol•

(erring his or her license as aforesaid, or to any other specified

premises.

VIII.     THAT it shall be lawful for the said Governor to direct

the said Collector of Internal Revenue, or other person appointed as Governor may remit aforesaid, to remit any portion of the price or sum payable for any portion of fee for license granted under this Ordinance for any fraction or broken fraction of yean

period of a year.

20th Viet. No. 2. 185,

IX. THAT all informations and proceedings on account of al

Summary jurisaie. offence committed against the provisions of this Ordinance shall I

Lion.

heard and determined in a summary way by any two or more h

tices of the Peace.

X.

THAT upon the hearing Of any information under th Ordinance, it shall be incumbent upon the person accused of havin sold, bartered, or exchanged, or of having permitted to be soh

Burden on person

summoned to satisfy	bartered, or exchanged, any of the aforesaid liquors without a
Justices.	cense in pursuance of this Ordinance, to produce satisfactory pro') to the sitting Justices that he or she is duly licensed under thi Ordinance; and in case such person shall not produce such satis factory proof as aforesaid, he or she shall be deemed and taken tt be an unlicensed person.

THAT all fees or sums of money, payable for licenses o; transfers of licenses under this Ordinance, shall be paid over to thi Colonial Treasurer for the time being, to the use of Her Majesty; her heirs, and successors, for the public uses of this colony, and in support of the Government thereof.

XI.

Appropriation.

This Ordinance quite	XII.	THAT nothing in this Ordinance contained shall affect
separate and distinct

from the " Public	any person holding a publican's general license, or a packet license,
House Ordinance,	under the " Public House Ordinance, 1856; nor (except so far as
1856."	relates to the sale of spirituous liquors as aforesaid) any person holding a wine and beer license under the Ordinance herein last mentioned.

XIII.      THAT the Sections lettered respectively A, D, F, and I

A, D. F, and I. in the Schedule of the " Shortening Ordinance, 1853," shall be incorporated with and taken to form part of this Ordinance, to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Or- dinance.

A. R KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council this

21st day of June, 1856.

HENRY WAKEFORD,

Clerk of the Council.

1856.             20th Vict. No. 2.

Schedule Referred to in the foregoing Ordinance.

Form of License for the Sale of Spirituous and Fermented Liquors.

Western Australia}

to wit.

These are to certify, in pursuance of an Ordinance, 20th Vic- toria, No. 2, that A. B., of is duly licensed (unless this license be sooner forfeited) from the date hereof until the thirty-first day of December next inclusive, to sell, barter, ex- change, or otherwise dispose of any spirituous or fermented liquors

in his house or shop, situate at but not elsewhere, (or,

in case (-1 an auctioneer " in any part of the said colony.")

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 on the day

of one thousand eight hunched and

Collector of Internal Revenue, (or, other

person or persons appointed by the

Governor.)

PERTH, WESTERN AUSTRALIA: PRINTED BY AUTHORITY OP TUB GOYBRB)UflT, BY STIRLING,

&ROLL & COMPANY.