Sale of Liquors Amendment Act 1897 (WA)
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ANNO SEXAGESIMO PRIMO
| VICTORIA, R 1-4:GI | 0 |
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No. XXV.
AN ACT to amend the Wines, Beer, and Spirit
Sale Amendment Act, 1884.
[Assented to, 23rd December, 46'97.]
Legislative Assembly of Western Australia, in this present Par-BE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and liament assembled, and by the authority of the same, as follows:-
| THIS Act may be cited as the Sale of Liquors Amendment Act, 1897, and shall be read as part of the Wines, Beer, and S | h o rt title. |
| Incorporation with | |
| Spirit Sale Act, 1880, hereinafter called the Principal Act. | 44 Viet., No. O. |
1.
PART I.—ADULTERATION OF LIQUORS.
| SECTIONS twelve to nineteen (inclusive) of the Wines, Beer, and Spirit Sale Amendment Act, 1884, hereinafter called the Amend- Repeal of Sections | 12-19 of 48 Viet. No | , | . |
2.
ment Act, are hereby repealed ; but such repeal shall not affect 14.
any act done, right acquired, liability (civil or criminal) incurred,
or proceeding instituted under the said repealed sections.
| IN this part of this Act spirits are regarded as being at proof when the alcohol is mixed with water in such proportions that. Definitions | . |
3.
610 VICTORI2E, No. 25.
Sale of Liquors—Amendment.
at a temperature of 60° Fahrenheit, the specific gravity of the admixture is 916 . 6 (water being 1,000), and the indication on Sykes' hydrometer is 58.8.
The term " under proof " applied to spirits means spirits of less specific gravity than above mentioned.
| Specific gravity bow | 4. THE specific gravity of spirits shall, for the purposes of this |
| ascertained. | Act, be ascertained by Sykes' hydrometer. |
THE Governor may from time to time appoint, on such dismiss one or more public analysts. Such persons may be required, among other duties, to act as analysts under this Act. Every such appointment shall be notified in tile Government Gazette. Every person appointed by the Governor as a public analyst, and exercising that office at the commencement of this Act, shall act as analyst under this Act.
| Governor may ap- | 5. |
| point public analyst. | terms as he may think fit, and may, in his discretion, remove or |
| 48 Wet., 14, s. 13. |
| Power to purchaser | 6. | ANY purchaser of liquor shall be entitled, on payment to a |
| of liquor to have it | public analyst of a sum not exceeding Twenty shillings, to have such |
| analysed. | liquor analysed by such analyst, and to receive from him a certificate |
| s. 12. | |
| 38 & 39 Viet., e. 63, | of the result of the analysis. |
| Sale or possession of | 7. |
ANY licensed person who, by himself, his agent or servant, sells or disposes of, or offers or attempts to sell or dispose of, or shall have upon his licensed house or premises any liquor which is
adulterated liquor.
| 48 Vint., 14, pt. s. 12. | adulterated with water or any other substance, or which is mixed with or contains any tobacco, vitriol, opium, cocculus indicus, grains of paradise, quassia, alum, salt of tartar, creosote, or any extract. or preparation of any of the aforesaid substances, or any matter or ingredient which is injurious to health, lie or she shall, on conviction thereof before any two or more Justices of the Peace in Petty Sessions, be liable to pay a fine not less than Ten nor more than Fifty pounds for the first offence, together with a fine of Two pounds |
| "Sale of food and | in respect of the analysis of such liquor ; and every offence, after a |
| Drugs Act, 1875 " | |
| (Imp.), pt. s. 3. | conviction for a first offence, shall be a misdemeanour, punishable by imprisonment for a period not exceeding six months with hard labour, |
| 42 & 43 Viet., 30, s. 6. | and render the person convicted liable, at the discretion of the magistrates, to be declared disqualified from applying for or obtaining a license, or a renewal or a transfer of a license, under the Wines, Beer, and Spirits Sale Act for any term not exceeding three years: Provided that, where the offence is charged in respect of any spirit not adulterated otherwise than with water, it shall be a good defence to prove that such admixture has not reduced the spirit more than twenty-five degrees under proof for brandy, whisky, or rum, or thirty- five degrees under proof for gin. |
61° VICTORLE, No. 25.
Sale of Liquors—Amendment.
| 8. ANY Justice of the Peace and any member of the police | Justice or police |
| force may demand and take for analysis a sample or samples, not | officer may demand |
| being more than he reasonably requires, of any liquor found by him | samples for analysis. |
| or being upon any licensed premises, wholesale or retail, upon pay- | 48 Vict., 14, part s |
| 14. | |
| ment or tender of a reasonable sum for the same. |
| 9. ANY person who shall purchase any liquor at a licensed | Any person may |
| house or premises, wholesale or retail, or from any person licensed to | purchase liquor for |
| sell liquors, or his agent or servant, and who shall intend to have | is to do after theanalysis. What Ile |
| such liquor analysed by a public analyst, shall, after the purchase is | purchase. |
| completed, forthwith notify such intention to the seller, or his agent | 48 vict., 14, part s. |
| or servant selling the liquor, and shall offer to divide the liquor into | 15. |
| three parts, to be then and there separated, and each part to be | See 38 & 39 Viet., c. |
| sealed up and marked, and shall, if such offer is accepted, proceed | 03 (Imp.), s. 14. |
| accordingly, and shall deliver one of the parts to the seller, his agent or servant. | |
| The purchaser shall afterwards retain one of the said parts for future comparison, and submit the third part, if he deems it right to have the liquor analysed, to the analyst. |
| 10. IF the seller, his agent or servant, do not accept the offer where offer | is it | o ot divide |
of the purchaser to divide the liquor purchased in his presence,
the analyst receiving the article for analysis shall divide the same accepted.
into two parts, and shall seal up one of these parts, and shall cause
it to be delivered, either upon receipt, or when he supplies his
certificate, to the purchaser, who shall retain the same for production
in case proceedings shall afterwards be taken in the matter.
| ANY licensed person, or the agent or servant of any licensed person, who shall refuse to sell to any Justice of the Peace | Obstruction | tees t iaonn of | o |
11.
| and | other |
| or mem ber of the police force any sample of liquor duly demanded | samples of liquor. |
| persons taking | |
| as aforesaid, or shall obstruct any Justice of the Peace or member of | |
| the police force on the occasion of his duly demanding or buying, or | See 48 Viol., 14, s, 10. |
| any other person on the occasion of his lawfully buying any liquor | See 38 & 39 Viet., |
| for analysis, shall, on conviction thereof before two Justices (whereof | c. 93, s. 17. |
| the Justice, if any, making the demand or buying shall not be one), be liable to a fine not exceeding Fifty pounds. |
| ANY sample of liquor taken or purchased as aforesaid may be delivered to a public analyst, together with the name and | Delivery and analysis |
| of samples of liquor. | |
| address of the licensed person from whom such liquor was taken or | 48 Viet., 14, part s. |
| purchased. | 17. |
12.
| EVERY analyst acting under this Act shall set forth the result of his analysis, in a certificate in the form in the Schedule | Certificate of result |
| of analysis. | |
| hereto, or to the like effect, and he shall deliver, without fee, a copy | Schedule. |
| Ibid., s. 18. |
13.
VICTORIX, No. 25.
Sale of Liquors—Amendment.
thereof signed by him to the Justice, officer, purchaser, licensed per- son, or his agent as aforesaid requiring the same, and he shall retain and keep one signed copy of his certificate.
| Quarterly report of | 14. | EVERY analyst appointed under any Act hereby repealed, |
| the analyst. | or this Act, shall report quarterly to the Colonial Treasurer the |
| 38 & 39 Viet., c. 63, | number of samples analysed by him under this Act during the fore- |
| part s. 19. | going quarter, specifying the result of each analysis. |
A PROSECUTION of a licensed person, his servant or agent, for an offence against this part of this Act may be commenced at any time within three months from the taking or purchase of the
| Time for commence- | 15. |
ment of prosecution.
| 48 Viet.,14,parts.19. | liquor as aforesaid ; but the summons shall not be made returnable in |
| part s. 10. | a less time than seven days from the day on which it was served on the person summoned. |
42 & 43 Wet., c. 30,
16. A T the hearing of the information in such proceeding the
| Evidence at | he hear- |
| ing of the | production of the certificate of the analyst shall be sufficient evidence |
| non. | of the facts therein stated, unless the defendant shall require that |
| 38 & 39 Wet c. 03, | the analyst shall be called as a witness, and the part of the sample |
| s. 21. | retained by the person who purchased it shall be produced. |
EVERY person who shall forge, or shall utter, knowing it to be forged, any certificate referred to in this Act shall be guilty of a misdemeanour, and be punishable on conviction by imprisonment for a term not exceeding two years with hard labour.
| Punishment for | 17. |
forging certificate.
| Proceedings by in- | 18. |
NOTHING in this Act contained shall affect the power of any offender under this part of this Act, or in any way interfere with contracts and bargains between individuals, and the rights and remedies belonging thereto.
| dictment and on con- | proceeding by indictment, or take away any other remedy against |
| tracts not to be | |
| affected. | |
| Provided that, on any action brought by any licensed person for a breach of contract on the sale to him of any liquor, such person may recover, alone or in addition to any other damages recoverable by him, the amount of any pecuniary penalty in which he may have been con- | |
| Ibid., s. 28. | |
| victed under this part of this Act, together with the costs paid by | |
| him upon such conviction, and those incurred by him in and about his defence thereto, if he prove that the liquor, the subject of such conviction, was sold to him as and for a liquor of the same sort as was demanded of him or purchased from him, and that he purchased it not knowing it to be otherwise, and afterwards sold it in the same state in which he purchased it ; the defendant in such action being nevertheless at liberty to prove that the conviction was wrongful, or that the amount of costs awarded or claimed was unreasonable. |
61° VICTORIM, No. 25.
Sale of Liquors—Amendment.
PART II.—COMPULSORY TRANSFER OF LICENSES.
| 19. (I.) THE holder of a license shall be deemed to have A, | Application | of |
"ceased to occupy " within the meaning of section t
| w | o of the ta r of 48 V | os iet |
Amendment Act, if the premises for which the license was granted or 14 extended.
to which it is attached have been lawfully entered and possession there- of taken under or by virtue of any power for such purpose granted by the holder of the license, and the expression " the person occupying or being about lawfully to occupy the licensed premises' used in the same section, shall be deemed to in- clude a person or company entering and taking possession as aforesaid, and in a case of a company, the application for a transfer of the license shall be made by some person nominated by the company for that purpose.
(2.) In the case of a mortgagee being " the person occupying or being about lawfully to occupy the licensed premises"
(a.) The said section shall be read as if the words " on being
"tendered by such person the proportion of the annual
" fee paid on such license estimated with reference to
the time during which such license has to run " were
omitted therefrom.
(b.) Section five of the Amendment Act shall not apply.
(c.) Section six of the Amendment Act shall be read as if
the words " upon payment or deposit of the proportional " part of the annual fee as aforesaid " were omitted therefrom.
PART III.—MisCELLANEOUS.
20. SECTION thirty-two of the Principal Act is hereby re-
| pealed, and the following substituted in lieu thereof :—" If such ;';IteirN | i"o'en0t See. | of 3424 |
| Licensing Magistrates shall, at any quarterly licensing meeting, have refused any application for a publican's general license, or for a provisional certificate, such application shall not be renewed in respect of the same premises, or any part thereof, until six months after such refusal, and if the Licensing -Magistrates so order at the time of such refusal, until twelve months thereafter." |
| 21. SECTION sixty-one of the Principal Act is hereby amended | , | , | the words " the stun of Fifty Amendm | Amendment of | 44 |
| by striking out | in the eighth line | Viet., No. SI, See. 61. |
pounds," and inserting in lieu thereof the words " a sum not exceed- ing Fifty pounds ; " and is further amended by striking out, in the ninth line, the words " the sum of One hundred pounds," and in- serting- in lieu thereof the words " a sum not exceeding One hundred
61° vic rromuE, No. 25.
Sale of Liquors—Amendment.
pounds ;" and is further amended by striking out all the words after One hundred pounds, and inserting in lieu thereof "and if such subsequent conviction shall be within a period of twelve months from any former conviction, the Justices may order that the license be forfeited."
THE Licensing Magistrates may, before granting a pro- visional certificate, require the applicant to enter into a bond, with one or more sureties approved by them, in favour of Her Majesty, EIer heirs and successors, in a sum to be fixed by the Licensing Magistrates at the hearing, conditioned to be void in case the premises are duly completed within the time specified by and to the satisfaction of the Licensing Magistrates, otherwise to be of full force and virtue.
22.
SECTION twelve of 50 Victoria, No. 26, is hereby amended
by striking out the words " fourteen years " and inserting " sixteen
years."
23.
(l.) THE Governor may from time to time appoint, and at every licensing district under the Act.
24.
| point Inspectors. | Governor may a13- his discretion, remove one or more Inspectors of licensed premises for | |
|
25. THE provisions and penalties herein expressed shall apply
Penalties to apply in equal manner to all dealers in wines, beer, and spirits, whether
to wholesale or
| retail dealers. | wholesale or retail. |
In the name and on behalf of the Queen I hereby assent
to this Act.
GERARD SMITH, Governor.
610 VICTORI}E, No. 25.
Sale of Liquors—Amendment.
SCHEDULE.
| Form of Certificate of the Result of Analysis of Liquor. | Section 13. |
THE SALE OP LIQUORS AMENDMENT ACT, 1897.
I, the undersigned, Public Analyst for the Colony of Western Australia, do hereby certify that I received on the day of from [name and address of person delivering the sample], a sample of [description of liquor] for analysis, and
that I have analysed the same, and I declare the result of my analysis to be as
follows :—
The said sample of liquor was not adulterated ;
or, The said sample of liquor was adulterated by the admixture of water to
the extent of :-
or, The said sample of liquor was adulterated by the following foreign
ingredients, that is to say :—
or, The said sample was mixed with or contained tobacco, &c.;
or, The said sample was mixed with or contained a certain matter Or
ingredient injurious to health, that is to say :—
| As witness my hand, this | day of | at |
A. B., Public Analyst.
By Authority : RICHARD PET/TER, Government Printer, Perth.
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