Railway and Theatre Refreshment Rooms Licensing Act 1895 (WA)

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Namara guotratta.

ANNO QUINQUAGESIMO NONO

VICTORIA] REGI

#*************n*naW7*******************.**********

No. XV.

AN ACT for the Licensing of Refreshment

Rooms on Railways and at Theatres.

[Assented to, ith September, i8'95.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows :—

BE it enacted by the Queen's Most Excellent Majesty, by and

Refreshment Rooms Licensing Act, 1895," and is divided into parts, Short t tle.

1.

THIS Act may be cited as "The Railway and Theatre

as follows:—

PART I.—REFRESHMENT ROOMS AT THEATRES.

PART II.—RAILWAY REFRESHMENT ROOMS.

2.

IN fins Act the expression "Principal Act " shall mean

" The Wines, Beer, and Spirit Sale Act, 1880," and any Ac t Interpretation.

amending the same.

59° VICTORLE, No. 15.

The Railway and Theatre Refreshment Rooms Licensing Act, 1895.

PART 1. REFRESHMENT Rooms AT THEATRES.

Incorporation with

3.

THIS part of this Act shall be incorporated with and read

"wines Beer, and

Spirit Sale Act, 1380,"

as part of the Principal Act.

and its amendments.

4.      IN addition to the licenses mentioned in Section 4 of the

Theatre Refreshment

Principal Act, there may be granted a theatre refreshment room

Room License.

license in the First Form of the First Schedule to this Act.

5.      THE annual fee for such license shall be Fifteen pounds, and

Animal Fee.

Section 15 of the Principal Act shall be read to include such license

and fee in addition to the licenses and fees therein mentioned.

ANY such license may be granted to the owner, lessee, or such owner, lessee, or occupier, and the notice of application for the same shall be made in the Second Form of the First Schedule to this Act.

6.

To whom License

occupier of any theatre, or to any other person with the consent of

may be granted.

THE person so licensed may sell liquor at a refreshment room at the theatre, and shall, for that purpose, enjoy the same rights and privileges as the holder of a publican's general license ; Provided that liquor shall not be sold at such theatre save on the occasion of a concert or theatrical or other public performance at the theatre, and not on the Lord's Day, Christmas Day, or Good Friday.

7.

Effect of License.

8.      ANY room or rooms in which liquor is sold by any such

Licensed premises.

licensee shall be deemed to be the licensed premises within the mean-

ing of the Principal Act.

PART IL—RAILWAY REFRESHMENT ROOMS.

IN this part of this Act the word " Commissioner " shall mean the Commissioner of Railways for Western Australia for the time being, and the words " General Manager," the General Manager for the time being of any private railway.

9.

Interpretation.

Repeal of part of

10.

IN Section thirty-seven of the Act 42 Victoria, No. 31, all

s. 37 of 42 Viet., No.

the words which follow the word " refreshments," to the end of the

31.

Section, are repealed.

Railway refreshment

11.

(1.) ON the application of the lessee or occupier of any

rooms.

refreshment room or stand at a railway station (which application

shall be made in writing in the First Form of the Second Schedule

to this Act), and upon payment of a fee, to be fixed, in the case of

59" VICTORIA, No. 15.

The Railway and Theatre Refi

• shment Rooms Licensing Act, 1895.

a public railway, by the Commissioner. and in the case of a private railway, by the Colonial Treasurer, of not less than Five pounds and not more than Thirty pounds, the Commissioner in the first of such cases and the Colonial Treasurer in the second may grant to the applicant a license in the Second Form of the same Schedule for the sale of liquor at the refreshment room or stand for the period of one year from the date of the license.

(2.) The person so licensed may sell liquor at such refresh- ment room or stand, and shall for that purpose enjoy the same rights and privileges as the holder of a publican's general license ; provided that liquor shall be sold at such room or stand only within a reasonable time before and after the arrival or departure of any passenger train at or from such station ; but this proviso shall not render illegal a sale to any person who may be a bond fide lodger in any premises let at any such station for the accommodation of travellers.

12. THE Commissioner, in the case of a public railway, and the powtl

.t make

G

eneral anager in the case of a private ra

M

ilway, may fro time to rüguiatiu

m

oL",„

/

time make, alter, or repeal such regulations for the. proper ordering cancel licenses.

and maintenance of any railway refreshment rooms or stands as he

may deem necessary, and the Commissioner or the Colonial Treasurer

may at any time cancel any license issued by them respectively

under the provisions of this Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

59" VICTORLE, No, 15.

The Railway and Theatre Refreshment Rooms Licensing Act, 1895.

First Schedule.

REFRESHM ENT ROOMS AT THEATRE.

Form No. 1.—License (59 Vic No. 15).

WESTERN AUSTRALIA, I

TO WIT.

W

A.B.

,

of

,bath deposited in my office a

WHEREAS

Sectioa 4.

Certificate from the major part of the Licensing Magistrates assembled at the

Quarterly Licensing Meeting, held at

, on the

day of, in the year of our Lord, 189 , authorising the issue to the said A.B. of a Theatre Refreshment Room License for the Theatre situated

in [describe position] : AND WHEREAS the said A.B. hath paid into my office the

sum of Sas the fee on such License : Now, I do hereby license the said A.B. to sell liquor in any quantity in the room or rooms set apart for that purpose in the said Theatre, but not elsewhere; and this license shall commence upon the first day ofnext, and continue in force until the 31st day of December next ensuing, both days inclusive, provided it he not forfeited in the meantime.

Given under my hand and seal at

this

day of

,18

C.D.

(ms.),

Collector of Internal Revenue.

[or other person, as the case may be].

Form No. 11.—Notice of Application for License.

To the Worshipful the Licensing Justices acting in and for the District of

&whoa G.

, in Western Australia.

I, A.B., of

, being the owner (or lessee, or occupier) or

(D., (with theconsentofC of, the owner or lessee or occupier)

of the Theatre at , do hereby give notice of my intention to apply, at the next Licensing Meeting to be holden for this district, for a Refreshment Room License at the said Theatre.

Dated the

day of

18 .

A .B.

59" VICTORIX, No. 15.

The Railway and Theatre Refreshment Rooms Licensing Act, 1895.

Second Schedule.

Form No. 1.—Application for License for Railwaj Refreshment

Rooms.

To the Commissioner of Railways for Western Australia (or the Colonial

Treasurer).

I, A.B., being the lessee (or occupier) of the Railway Refreshment Room Section 11.

(or stand) at the station on the railway, do hereby apply for a license for the sale, by retail, of liquor under the provisions of "`The Railway and Theatre Refreshment Rooms Licensing Act, 1895."

Dated the

day of

, 189

A .B.

Form No. 11.—License (59 Vitt., No. 15).

Whereas A.B., being the lessee (or occupier) of the Railway Refreshment Room (or stand) at the station on the railway, has applied to me for a license to sell liquor, by retail, at the said station under the provisions of "The Railway and Theatre Refreshment Rooms Licensing Act, 1895," and has paid the sum of £ being the fee fixed by me under the said Act as payable for such license for the said station : Now I, the undersigned, being the Commissioner of Railways for Western Australia (or the Colonial Treasurer, as the ease may be), do hereby license the said A.B. to sell liquor, by retail, at the said Refreshment Room (or stand). This license shall remain' in force for a year, unless earlier revoked by me.

Section

Given under my hand this

day of

, 189

(Signature)

Commissioner of Railways

(or Colonial Treasurer).

By Authority: R

ltiottatcn Pri ER, GovernmentPrinter,ort11

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