Sale of Colonial Wines Regulation Act (1862 No 26a) (NSW)

88 No. 16. 26° VIC. 1862.

Sale o f Colonial Wines Regulation.

No. XVI.

Sale op Colonial

AVtNES Regulation. An Act to regulate the sale by retail of AVine Cider and Perry produced in the Colony. [20̂ A December, 1862.]

Preamble.	"YTTHEREAS it is desirable to regulate the sale by retail of Wine T T Cider and Perry produced in the Colony Be it therefore
enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

Interpretation.	1. The terms “ W ine” “ Cider” and “ Perry” whenever herein used shall mean "Wine Cider and Perry produced from fruit groAAm in the Colony.
License fee.	2. Erom and after the first day of July one thousand eight hundred and sixty-three any person requiring a license to sell by retail "Wine Cider and Perry not to be consumed in the house shop or store or on the premises where sold shall pay annually to the Colonial Treasurer for the use of Her Majesty a license fee of one pound on payment whereof such license may be granted Provided that the house store or premises in respect of which the same is required be of
Shop and storekeep.	the rent and value of ten pounds a year at the least but not otherwise.

ers may take out 3. Every person who shall have taken out a license as a dealer

licenses to retail	in Wine or who shall keep a shop or store for the sale of any goods
wine.	or commodities other than foreign Wine may unless expressly dis­ qualified by this Act without producing or having any other license or authority take out a license under this Act in manner following to sell by retail and in reputed quart or pint bottles only in bis shop or store Wine Cider and Perry not to be consumed on the premises where sold anything in any former Act to the contrary notwithstanding.
What shall be

deemed selling by 4. Every sale of TVTne Cider and Perry in any less quantity

retail.	than two gallons or in less than one dozen reputed quart bottles at one time or two dozen reputed pint bottles or partly of one size and partly of the other shall be deemed to be a selling by retail.
of provisions dis­

Penalty for evasion 5. I f any person licensed to sell Wine not to be consumed on

allowing consump­	the premises shall Avith intent to evade the provisions of this Act take
tion of Wine &c. on
premises of person	or carry or authorize or employ or permit or suffer any person to take
licensed to sell.	or carry any Wine Cider or Perry out of or from the house shop store or premises of such licensed person for the purpose of being sold on his account or for his benefit drunk or consumed in any other house or in any tent shed or other premises of any kiud whatever belonging to such licensed person or hired used or occupied by him such Wine Cider or Perry shall be deemed and taken to have been drunk or consumed upon the premises and the person selling the same shall for every such offence forfeit a sum not exceeding five pounds.

Pensons disqualified 6. No Sheriff’s officer or other officer executmg any legal pro­

to hold wine licenses.

cess shall hold any license under this Act And every license granted

contrary to this enactment shall be absolutely void.

By whom licenses

under this Act shall 7. Every license under this Act shall on payment of the fee

be granted.	aforesaid be granted by and under the hand of the Colonial Treasurer or such other person as the Governor Avith the advice of the Executive
Forms of licenses	Council may authorize in that behalf And such license shall be in
as in Schedule to
this Act.	tbe form of the Schedule hereto subject only to any alteration which the Governor AAdth the like advice may make to meet any alteration or amendment of the law for the time being.

1862. 26̂ VIC. No. 16. 89

Sale o f Colonial Wines Regulation.

8 . Every sucli license wliensoever granted shall have effect on Licenses date

and from the day of the date thereof until the first day of July then renowli thereof,

next and may he renewed as of that day in each year on payment of

the fee aforesaid.

9. Upon the death or insolvency of any holder of a license Provision for deatii under this Act the Colonial Treasurer may without fee or further duty ucousecrpereoni * by indorsement on the license or otherwise in writing authorize the

legal personal representatives of such holder or his Official Assignee . occupying the house shop store or premises before used for such purpose to carry on the business under such license during the residue of the term for which the same has to run And the person so authorized shall he deemed for all purposes to he the holder of such license under this Act.

10. Every Clerk of Petty Sessions shall keep a register of all Begister ofiicinises licenses granted under this Act within his district specifying the name of Puttŷ SesJums!' and place of abode of every holder thereof respectively and his name

and the description of his house shop store or premises for which such license shall he granted And such list or register shall at all reasonable times be open to the inspection and perusal of any person applying to see the same.

11. In case of complaint before any two Justices against any in case of complaint holder of a license under this Act for any offence against his license neenseon req'iSmi or this Act such two Justices may require such holder to produce his

license for their examination and if he wilfully neglect or refuse to do

so he shall be liable to a penalty not exceeding five pounds.

12. Every person who shall at any time sell any Wine Cider or Penalty for selling

Perry by retail without having a license under this Act then in force shall he liable to a penalty not exceeding thirty pounds.

13. All liquor sold or offered for sale by any person whether "Wiiat shall be deemed or not holding a license under this Act as being Wine Cider or Perry î 'Thfcô ony"̂ And produced in the Colony or under any name by which such Wine Cider what shall be deemed or Perry is usually designated or known shall as against such person

so selling or offering for sale tlie same be deemed to be Wine Cider and Perry within the meaning of this Act And any such Wine Cider or Perry containing a greater proportion than twenty per centum of proof spirit shall he deemed to come within the description of “ spirituous liquors” for all purposes in the law.

11. No holder of a license under this Act shall sell or have his Limitation of

shop store or premises open for the sale of Wine Cider or Perry except ind* cio"s\ng’touse3

between the hours of six in the morning and ten at night on the six

business days of the week and not at any hour on Sunday Good “	'
Eriday Christmas Day or any day appointed for a public fast or thanksgiving And if any such holder shall sell any Wine Cider or Perry at any other time than as aforesaid or shall otherwise act contrary to this enactment he shall be liable to a penalty not exceeding forty shillings for every offence and every separate sale or opening for sale shall he deemed a separate offence.

1 5 . If any holder of a license under this Act shall mix or penalty fm-mixing

cause to be mixed any spirits or any drugs or other pernicious ingre- o™ad\i-' dients with any Wine Cider or Perry sold or offered for sale by him tciating wine &c. or shall fraudulently dilute or in any way adulterate any such Wine

Cider or Perry or shall sell or offer for sale any Wine Cider or Perry which to his knowledge has been so mixed diluted or adulterated he shall for the first offence be liable to a penalty not exceeding twenty first offence,

pounds nor less than ten pounds and shall for the second such offence second offence,

be disqualified from selling Wine Cider or Perry by retail for five

years or be liable to a penalty not exceeding fifty pounds nor less than

twenty pounds at the discretion of the Justices before whom he shall

* M be

90 No. 16. 26̂ ̂VIO. 1862.

Sale o f Colonial Wines Regulation.

Penalty on selling	be adjudged guilty of sueh second offence	And if any offender con­
wine &c. after

conviction of second	victed of such second offence shall during such five years sell any
offence.	Wine Cider or Perry by retail either on the premises mentioned in his license or in any other place he shall be liable to a penalty not exceeding fifty pounds nor less than twenty-five pounds and shall be subject to a like penalty in respect of every place where he shall commit such offence.
Summary reeovery	16. A ll penalties under this Act may he recovered upoiT com­ plaint before any two Justices in a summary manner Provided that every such penalty he proceeded for within three calendar months next after the commission of the offence in respect of which the same shall be incurred.
of penalties.
Appeals to Quarter
Sessions.	17. Any person who shall think himself aggrieved by any penalty imposed upon him under this Act above five pounds or by any decision of any Justice under or concerning the provisions of this Act may appeal against such penalty or decision to the Court of Quarter Sessions according to the law in force for the time being for the general regulation of appeals of such or the like nature.
If appeal dismissed

or conviction dis­ 18. Whenever notice'of any such appeal shall have been given

missed appellant to	and the same shall have been dismissed or the judgment appealed
pay costs.	from aj0B.rmed or such appeal abandoned the Court to which such appeal shall have been made or intended to be made may and shall adjudge and order the actual or intended appellant to pay to the Justice whose decision is appealed from such costs as shall in the opinion of such Court be reasonable And after refusal or neglect for fourteen days to pay such sum the said Court may adjudge and order the refusing or neglecting party to be committed to gaol there to remain until such sum be paid but not exceeding a period of three months.
Act not to affect
25 Viet. No. 14.	19. Nothing in this Act shall in any way affect the Act twenty- fifth of Victoria number fourteen being the “ Sale of Liquors Licensing Act of 1862.”

Short title. 20. This Act shall be styled and may be cited as the “ Sale of

Colonial Wines Regulation Act.”

SCHEDULE.

I THE undersigned being tbe Colonial Treasurer of New South Wales do hereby authorize and empower now keeping a shop or store for the sale of goods and commodities at in the Police District of to sell therein Wine Cider and Perry produced in the Colony by retail and in reputed quart or pint bottles only and not to be consumed in the house shop or store or on the said premises where sold And for this license he hath paid the sum of the house and

premises being of the value of pounds a year And this license is granted upon

condition that the said do not mix or cause to be mixed any spirits or any drugs or other pernicious ingredients in any Wine Cider or Perry sold in his shop store or premises nor fraudulently dilute or in any way adulterate any such Wine Cider or Perry nor sell or offer for sale any Wine Cider or Perry which to his knowledge has been so

mixed diluted or adulterated And this license shall continue in force from the

day of until the 1st day of July next ensuing and no longer.

Given under my hand this

day of 186 .

Colonial Treasurer.

No. XVII.