The Licensing Act 1908 (SA)

EDWARDI V11 REGIS.

A.D. 1908.

No. 970.

An Act to consolidate and amend the Laws relating to

the Supplying of Intoxicating Liquors and the Exercise of Local Option with regard thereto, and the Licensing of Billiard and Bagatelle Tables, and for other purposes.

[Assented to, December 23~4 1908.1

it Enacted by the Governor of the State of South Australia,

follows: BE with the advice and consent of the Parliament thereof, as

PART I. PART I.

PRELIMINARY.

1. This Act may be cited for all purposes as " The 1,icensing Bhort title.

Act, 1908."

2. This Act is divided into parts and divisions relating to the Division o f ~ c t.

following subject matters, as follows: -

PART I.-Preliminary.

PART i I .--Licensing Districts and Benches and Meetings.

PART 111.- Classes of Licences, and how Granted, Renewed, Trans-

ferred, ,Transmitted, Removed, and Forfeited-

DIVISION I.-Licence Required for Sale of Liquor:

L) I v ISION r r .-Classes of Licences and Fees:

D I v r S ION XI I .-Applications for Licences, Memorials, and

Objections:

A-970 DIVIBIOX

8" EDWARDI VII, No. 970. ~ .-

The k s i r c g Act.-1908,

_. _

i'am I. DIVIBION ~v.-'I'ransferof Licences:

DJ VISION V . Transmission of Licences:

DIVISION vr.-Removal of Licences:

DIVISION v I I .-Procedure on Hearing of Applications:

DIVISION ~111.-Special Authorities to Sell Liquor:

D I V I ~ I O N	]X.--Forfeiture of Licences:
DI V I S I O N	XI I. - Licences a t Renmark.

PART 1v.-Rights, Duties, and Liabilities of Licensees and Others.

PART V. - Limitation of Number of Licences -

D I V I S ~ ~ N	I.-Local Option Polls:
DIVISION	11.-The Enforcing of the First Resolution:

DI V ISION I I I. -Effect of Other Resolutions:

PART YI.--Legal Proceedings and Evidence.

Y A RT v r r .- Regulations and Forms.

Repeal. 3, The several Acts mentioned in the Schedule A hereto are

A C ~ 191, 1880. hereby rclvded, except as to any matter or thing lawfully done or cominencccl to be done under the said Acts, or any of them:

Exception.	Provided that all offences against the said Acts, or any of them, committed before the passing of this *let, shall be punishable in the same manney as if this -1ct had not been passed, and all licences and certificates issued or granted, things clone, notices given, and pro- ceedings had, under the authority or by virtue of any of the said Acts, and not expired at the time of the passing of this Act, shall confer and involve the same rights, privileges, liabilities, and effects	as if this Act had been in force when they were granted, issued,	done, given, or had, and as if they were granted, issued, done,
given, or had under the authority or by virtue of this Act; and all Licensing Districts, Local Option Ilistricts, Licensing Benches, clerks to Licensing Benches, and inspectors constituted or appointed, and chairmen of Licensing Benches elected under the authority of any of the said hcts shall, subject to anything which is lawfully done under this Act, continue notwithstanding the passing of this Act.
lnterprettrtion cluuse.

Ibid, E. 4, with 4. I n this Act, except where the subject niatter or context, or

additions. other provisions of this Act, require a different construction, the following terms, in inverted commas, have the respective meanings liereinafter assigned to them, that is to say-

" Bar-room '' means any room in which liquor is kept and ill or

from which liquor is directly supplied to customers:

" Bench "

8" EDWARDI VII, No. 970. 3

-- ----

_ _ _ _ -- --

-- The Licensing Ad,-1908.

G Bench " means the Licensing Bench of Justices for the Licensing District in which any licensed premises, or any premises in respect of' which any application for a licence is or is about to be made, are situate, or to which any application in respect of such premises is by this Act directed to be made: p -- PART - I -

District " means Licensing District:

Elector " means a person who is registered as an elector on a House of Assembly electoral roll:

Electoral District " means an Electoral District for the election

of members or a member to serve in the House of Assembly:

Ccrs~tte " means The Sozcth Azlstralian Government Gazette :

'' General election " means a y arliamentary general election for the return of members pursuant to writs issued upon the tlissolution or expiry of the House of Assembly:

Immediate neighborhood '' means within a radius of two hundred yards from the front door of the house in respect of which application is made for a licence, or from the front door as shown on the deposited plan of a proposed house in respect of which such application is made, if such house or proposed house is oi. is proposed to be situate within a town, as hereinafter defined; or if not situate or proposed to be situate within a town as so defined, then within a radius of one mile from the front door of such house or proposed house:

" Inspector " means an illspector of licensed premises appointed under this Act:

Justice " means Justice of the Peace for the said State:

" Liquor " means brandy, gin, rum, whisky, cordials containing spirits, wine, cider, perry, mead, ale, porter, beer, or any

other spirituous, malt, vinoils, or fermented liquors:

" Mead," means mead made from honey the produce of the said State, and ' L wine," " cider," and b 6 perry " mean wine, cider, and perry made from fruit grown in the said State, such mead, wine, cider, or perry not containing a greater proportion than thirty-five per centum of proof spirit:

" Minister " means the Attorney-General for the time being of

the said State:

" Owner of licensed premises " includes a cestui que trust, and means the person for the time being receiving or entitled to receive the rents of such premises, whether on his own account or as agent, trustee, or attorney for any other person:

C L p reviously unlicensed premises " or prenibes previously un-

licensed " means premises not at the time licensed:

a Sale "

4 8" EDWARDI VII, No. 970.

PART I.

--

Sale " includes sale, barter, exchange, and retailing.

Sell " includes sell, barter, exchange, and retail:

Act 191,1880, s 4. " Town " means any city or corporate town within the said State, or any town, township, or village within the said State con- taining not less than forty dwelling-houses within a radius of one mile from some point in such town, township, or village, or any place proclaimed as a town for the purposes of this Act by the Governor:

Treasurer " means the Treasurer for the time being of the said

State.

PART 11. PART 11.

LICENSING DISTRICTS AND BENCHES AND

MEETINGS.

Licensing District8

may be proclaimed.

5. The Governor may, by Order published in the Gazette from

time to time, declare that any area in such Order defined shall

Ibid, s. 22.

constitnte a Licensing District, and ma!, from time to time alter and vary the boundaries Gf or altogether abolish any district continued or constituted by or under this Act, and in such Order shall be mentioned the day from which such Order shall take effect; and it

Benchea appointad.

shall also be la i fu l for the Governor from time to time, by Order published in the Gozettr, to nominate and appoint a ~ench 'for any district, consisting of not less than fonr nor more than nine Justices, three of whom shill form a quorum, and from time to time to remove

And meetings fixed. any one or more of such Justices, and to fill any vacancy or

vacancies in any such Bench, and to fix the days for the annual and quarterly meetings of such Beaches, ancl from time to time appoint and remove a clerk to each Bench.

Date of meeting may 6, Where the day fixed for the annual or a quarterly meeting

be in certain

cases.	of any such Bench falls upon a public holiday it shall be lawful for the Attorney-General, by notice in the Gazette, to alter the day for
Act 640, 1831, s. 38.	holding such meeting to a day to be named in such notice.
Adjournment of
Bench when no	7, Whenever, by reason of the absence of any members of the quarterly, or other meeting of the Bench the Justices present, or if no Justice is present, then the clerk of the Licensing Bench, shall adjourn the meeting of the said Bench to a day, within a period of fourteen days, and the said clerk shall enter in the minute-book of the Bench a memorandum of such adjournment and the cause thereof, and forward a copy of such memorandum forthwith to the Attorney- General.
quorum.	Licensing Bench, a quorum cannot be formed at any annual,
Ibid, a. 39.

Bench to appoint 8, Every Bench shall, at its annual meeting, elect a chairman,

Chairman. who shall hold office until the next annual meeting, and in case

Aot 191, 1880, a. 23. of

8" EDWAKDI VII, No. 970.

The Licen8ing Ad.-1908.

- -p--

--

of any vacancy by death, resignation, or disqualification, or in the	J'ART 11-
case of the absence of the chairman from any meeting or part thereof, the Rench shall elect another chairman in the stead of th: former chairman, either for the special occasion or until the next annual meeting, as the case may require.

9. NO Justice who is a brewer, mdtster, distiller, wine maker, DiqualiEcation of

or licensed dealer in liquor, or in partnership with any such ~ ~ ~ n ~ ~ ~, " ~ ~ $ ' m

person or persons, or directly or indirectly interested as owner or part Bench.

owner or manager of any house licensed or as to which application Tbid, @. 24.

for a licence has been made, shall be a member of any Bench, or adjudicate on the hearing of any information, complaint, appeal, or matter under this Act.

10. (1 ) Annual meetings of the Benches shall be held respectively Annual meetings to be held on the second

at such places as are from time to time appointed by the Tuesday in

in

Governor for that purpose, on the second Tuesday in March in every year unless

every year (unless otherwise fixed as hereinbefore mentioned) for otherwise directed.

the considel&ion of applications for all licences other than packet Ib id~ 27.

licences, which meetings may respectively be adjourned for any time

that may appear to be necessary; but no decision as to granting

licences shall be given on any other day than the day of meeting,

or on a day to which such meeting has been adjourned, and when

the Bench is assembled for the consideration of applications as

aforesaid.

(2) Quarterly meetings of the Benches shall also be held at Quarterly meetings to

such places as aforesaid on the second Tuesday in the months of be ~ I S O held for

consideration of

June, September, and December in every year, unless other periods applications for trmsfers, removals,

have been fixed, as hereinbefore mentioned, for the consideration of	,,,
such applications as aforesaid, and of applications for permission to transfer or remove any existing licences, other than packet licences, and of applications for the issue of licences for netl. premises, which meetings may be adjourned as the Renclies find nececsary: Provided that no such Bench so assembled at such quarterly meeting shall
have power or authority to receive or consider any application	by any person whose application has been rejected at the preceding
annual meeting, or, on personal grounds, at any preceding qliarterly meeting, or to grant any licence under this Act to any person or premises in respect of which a licence has been refused at such annual or preceding quarterly meeting, on the ground that such premises are not required for the accommodation of the public, except when the Bench assembled at such annual or preceding quarterly meeting has giveu permission to the applicant to renew his application, or to prefer a new application, in respect of new or other premises at such quarterly meeting.

(3) Every adjourned imeting shall be deemed to be a continuation Adjoumd meeting..

of the annual meeting or quarterly meeting (as the case may be).

(4) Special meetings of a Bench may, upon the requisition of any spwial meeting for

three members of the Bench addressed to the clerk of such Bench, icrfeit~re licencead

be held at any time and place for the purpose of considering and

determining

8" EDWARDI VIf, No. 970. -

The -sing Act.-1908.

determining informations for forfeiture of licences under the pro.

visions of this Act.

Travelling expenses. (5) Each member of the Bench shall be entitled to travellil~~

expenses.

PART 111.

CLASSES OF LICENCES, AND HOW GBANTRL),

RENEWED, TRANSFERRED, 'I'RANSMITTED,

REMOVED, AND FORFEI'L'ED.

DIVISION I.-LICENCE REQUIRED FOR SALE O F LIQUOR.

No liquor to be sold 11, Subject to the provisions of sections 13 and 14 of this Act, no

in quantities of less

tban five gallone, or

person shall directly or indirectly sell, or permit to be sold within the

billiard or bagatelle

table to be kept,

said State,less than five imperial gallons of liquor,or mead, wine, cider,

without a licence.

or perry, nor shall any person keep or maintain any billiard, baga-

Ibid, e. 5.

telle, or billiard-bagatelle table for hire, or as a means of gain or

profit, without being licensed so to do under this Act.

Who diequalified from

holding licences. 12, No person in any office or situation under or in the employ

of the Government of the said State, or of the Commonwealth of

Ibid, a. 5. Australia, and no member of the Police Force or inspector, and no sheriff's officer or other person employed to execute any legal process, and no licensed auctioneer shall be licensed under this Act.

Exceptiom to 13, (1) The provisions of this Act relating to the sale of liquor

application of Act.	shall not apply to the sale of ginger beer, or of spruce beer; nor
Ibid, a. 6.	to the sale of spirituous or distilled perfume, bond Jide as per- fumery; nor to the prescription or administration of any liquor simply as medicine, or for medicinal purposes, by or under the direction of any known or practising physician, surgeon, or pharmaceutical chemist, within the meaning of " The Pharmacy Act of 1891 " or any Act amending or substituted therefor; nor shall any licence under this Act be required for the sale by any person the occupier of a vineyard or orchard, and the delivery after sale, by himself or his servants, in quantities of not less than two
imperial gallons of mead, wine, cider, or perry manufactured by such person from honey or fruit produced or grown in the said State: Provided that such mead, wine, cider, or perry is not sold or delivered to any person in a state of intoxication, or to whom it is by this Act made unlawful to sell or supply liquor, and is not consumed on any premises in the possession or occupation of such occupier or his servants, and is not sold or delivered during any day or time during which the sale of liquor is prohibited; nor shall any licence be required by the master or commander of any steamer or other vessel for the supply of any allowance of liquor to the crew of such steamer or vessel.
Limitation of

application of Act. (2) This Act shall not apply-

Ibid, sec. 5 (part). I. To the sale or supply of liquor in the Parliamentary re-

freshment rooms by the permission and under the control of the proper authority; or 11. To

8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

PART II1.

1 1. To the sale or supply of liquor to any member of the DIVXBION I.

Defence Forces in any canteen established under a -- permit issued by the proper authority.

14. 'l'he provisions of this Act shall not affect the provisions of Modification way Refreshment- of

The Railway Refreshment-rooms Act, 1887," which shall continue roome A C ~, 398 of

inforce with the following modifications :- 1887.

Section 8 of the said Act shall be read as follows :-

8. Every person holding a licence under this Act shall, for the purposes of sections 114, 1 15, 117, 1 1 8,

123, 127, 142, 144, 145, 146, 147, 148, 149, and 175 of " The Licensing Act, 1908," be deemed to be a person holding a licence under that Act, and the refreshment- rooms for which he holds a licence under this Act shall for such purposes be deemed to be licensed premises under that Act; and every conviction for any offence against any of the above-mentioned sections, or against section 128, 1 4 1, 17 1, or 173 of the said Acts shall be deemed to be a conviction for an offence against this Act also.

( 6 ) No licence shall be granted or issued pursuant to the said Act for a longer period than twelve calendar months from the day of the issue thereof, or shall continue in force for any longer period.

(c) Section 12 of the said Act shall be read as if there were added

a t the end and as part of the said section the following

words :-

nor, except to bonu,fide travellers as defined by section 158 of " The Licensing Act, 1908," during any day or time during which the sale of liquor is prohibited by law.

( d ) 'l'he

provisions of sections 160, l6 l, 163, 164, 165, 167, and

168 of this Act shall apply to any person licensed under

The Railway Refreshment-rooms Act, 1887," to the

refreshment-rooms for which he is licensed, to the sale or

supply of liquor therein, to the l~urchase or obtaining, or

attempt to purchase or obtain, or drinking of liquor therein

and to the presence of any person therein; and proceedings

may be taken under this Act for any contravention of such

last mentioned sections as if such refreshment-rooms were

premises for which a licence was granted under this Act,

and as if the licensee in respect of such refreshment-rooms

were the holder of a licence under this Act. A conviction

in such proceedings shall be deemed to be a conviction for

an offence against " The Railway Refreshment-rooms Act,

1887," as well as against this Act.

-- 8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

PART Ill.

L ) I V ~ S I O X 11.-CLASSES O F ~ A I C E N C E S AND FEES.

D~VISIQN	11.
--

Nature of licences. 15. The licences to be granted by virtue of this Act shall be

Ibid, S. 7.	of nine classes, that is to say, one to be denominated a " Publicanys Licence," which shall be in the form No. 1 of Schedule B to this
Adapted.	Act; another to be denominated a " Storekeeper's Licence," which shall be in the form No. 2 of the said schedule; another to be denominated a " Wine Licence," which shall be in the form No, 3
of the said schedule; another to be denominated a " S t ~ r e k e e p r ' ~
Australian Wine Licence," which shall be in the form No. 4 of the said schedule; another to be denominated a " Packet Licence," which shall be in the form No. 5 of the said schedule; another to be denominated a " Registration of a Club," which shall be in the form No. 6 of the said schedule; another to be denominated a
Brewer's Colonial Ale Licence," which shall be in the form No. 7 of the said schedule; another to be denominated a " Distiller's Storekeeper's Licence," which shall be in the form No. 8 of the said sch&h.de; and another to be denominated a " Billiard-table Licence," which shall be in the form No. 9 of the said schedule.

Publican'e licence. 16, (1) Every publican's licence shall authorise the person thereby

Ibid, S. 8. licensed to sell and dispose of any liquor, in any quantity, in the house or on the premises therein specified, in the manner hereinafter mentioned.

Annual iee for publi- (2) The annual fee t o be paid for a publican's licence shall bc

c a n ' ~ licetce. as follows :-If the house or premises described in the licence %re

Act 640, 1891, 8. 6. situate within the limits of a Municipal Corporation or District Council: and the same are assessed by such Corporation or District Council for rating purposes at an annual value of' not exceeding the amount mentioned in the first column of this section, the annual fee for such licence shall be the amount specified in the second column opposite to the annual value mentioned in such first column.

First Column.	Second Column.
Annual Value.	Licence Fee.

$100	.. .. .. .. .. .. .. .. .. .. .. ..	S15
S200	.. .. .. .. .. .. .. .. .. .. .. ..	220

S300 ........................ S30

$400 .. .. .. .. .. .. .. .. .. .. .. .. £35

Over $400 .. .. .. .. .. .. .. .. .. .. .. .. f 40

If the house or premises are not situated within the limits of any

such Corporation or Council, the annual fee for such licence shall he

Fifteen Pounds.

Storekeeper's licence 17. (1) Every storekeeper's licence shall authorise the persoil

Act 191, 1860, 8. 10

thereby licensed to sell and dispose of liquor in the house, or on the premises therein specified, in quantities of not less than one gallon of one kind of spirits, or one dozen reputed quart bottles, or two dozea reputed pint bottles of wine or other fermented liquor, to be taken away at one time by one person, and not to be drunk in or about the house, or on the premises in which such liquor is sold.

Annual fee for store-

keeper's licence. (2) The annual fee to be paid for a atorekeeper's licence shall be

Ibid, 8. 11. Ten Pounds. 18. (1) Every

8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

PART III.

18. (1) Every wine licence shall authorise the persons thereby DlvIslow II.

licensed to sell in the house or shop, or on the premises therein Wine licence.

specified, mead, wine, cider, or perry in any quantity, for consump- Ibid,	1 2 e
tion on the premises or otherwise.

Annual fee for wine

(2) The annual fee for a wine licence sliall be Ten Pounds.	licence.
Ibid, a. 13.

19. (1) Every storekeeper's Australian wine licence shall authorise Storeke?per9s. Australmn wlne

tllr person thereby licensed to sell on the premises therein specified li,nce, nlead, wine, cider. or perry. in quantities of not less than one Isid, a. reputed quart bottle, to be taken away at one time by one person,

and not to be drunk on the premises in which such liquor is sold,

( 2 ) The annual fee for a storekeeper's flustralian wine licence Annual fee tor atore. keeper's Australian

&all be Five Pounds.

wine licence.

Ibid, S. 15.

20, No person holding a storekeeper's or a storekeeper's Liceneee underatore- keeper's or atore-

Australian wine licence shall, whilst continuing to hold the same? be Auatdan

ealxtbl~ of holding a wine licence, and if any wine licence is winelicencenot to	hold wine licence.
at any time granted and issued to any person holding a store- keeper's or a storekeeper's Australian wine licence, such wine licence shall be void and of no effect.

21. (1) Every packet licence shall authorise the master or corn- Packet licence,

rnander of any steamer or other vessel thereby licensed to sell and Ibid, B, 16,

dispose of liquor in any quantity to any passenger on board

such steamer or vessel during any voyage or passage, but not, in

the case of a steamer or vessel plying only from port to port within

the saici State, whilst such steamer or vessel is at her berth or

moorings nor until she has proceeded on her voyage or passage.

(2) The annual fee for a packet licence shall be Ten Pounds.	Annual fee for
packet licence.
Act 191, 1980, S. 17.

22. The effect of a registration of a club and the annual fee pay- Re~stration of c,ub,

able therefor shall be as provided in Division XI. of this Part.

23. (1) Every brewer's colonial ale licence shall authorise the Brewer'acolonialale

brewer thereby licensed to sell and dispose of liquor on the premises

therein specified in quantities of not less than two gallons of one A C ~	7 73, 1901, a. 4.
kind of spirits or one dozen reputed quart bottles, or two dozen reputed pint bottles, of wine or other fermented liquor, to be take11 away at one time by one person, and not to be drunk in or about

the house or premises in which such liquor is sold. Such licence Ibid, a. 2.

shall be granted only to a brewer of ale, stout, or other fermented

liquor.

(2) 'l'he annual fee for a brewer's colonial ale licence shall be Annual fee therefor.

Ten Pounds.

( 3 ) No person while holding a brewer's colonial ale licence shall H older of such hence not to hold wine

be capable of holding a storekeeper's licence or a wine licence. Any licence or

grant of either of such last-mentioned licences to a person holding

a brewer's colonial ale licence shall be void and of no effect. Ihid, s. 5.

(4) All

B-970

8" EDWARDI VII, No. 970.

The Licensing Act.-1908. I.__ ___._____L.-- -

Provisions applicable (4) All the provisions of this Act relating to a storekeeper's

to brewer's colonial

ale licences.	licence shall apply to a brewer's colonial ale licence, except \vhere
Ibid, S. 6.	inconsistent with or inapplicable to such licence,
Distiller's store-	(1) Every distiller's storekeeper's licence shall authorise the distiller thereby licensed to sell and dispose of liquor on the premises therein specified, in quantities of not less at one time than two gallons of one kind of spirits, or one dozen reputed quart bottles, or two dozen reputed pint bottles of wine or other fermented liquor

keeper's licence.	24.
Act 784, 1902, 8. 3

Ibid, S. 2.	to be taken away at one time by one person, and not to be drunk in or about the house or premises in which such liquor is sold. Such licence shall be granted only to a person holding a distillation licence under any statutory enactment in force in the Coinmonwealth of Australia.
Annual fee therefor.	(2) The annual fee for a distiller's storekeeper's licence shall be Ten Pounds.
licence not to hold

Holder of distiller's (3) No person, while holding a distiller's storekeeper's licence,

storekeeper's or wine	shall hold a storekeeper's licence or wine licence. Any grant of
licence.	either of such last-mentioned licences to a person holding a distiller's
Ibid, S. 5.	storekeeper's licence shall be void and of no effect..
to distiller's store-

Provieione applicable (4) All the provisions of this Act relating to a storekeeper's

keeper's licences.	licence shall apply to a distiller's storekeeper's licence, except where
Ibid, a. 6.	incousistent with or inapplicable to such licence.

Billiard-tablelicence. 25. (1) Every billiard-table licence shall authorise the person

A C ~ 191, 1880, 8.18. thereby licensed to keep, set up, and mamtain, on the premises

described in such licence, billiard, bagatelle, ancl billiard-bagatelle tables, o r any of them, and to allow such tables to be used only between the'hours of eight in the inorniug and eleven at night, but not at any time on any Sunday, Christmas Day, or Good Friday.

Annuai fee for (2) The annual fee for a billiard-table licence shall be Five

billiard-table licence. Ibid, S. 19. Pounds; but every holder of a publican's licence or club licence

Act 640, 1891, 8. 25. shall be entitled to a billiard licence in respect of his licensed

premises without the paymeut of any fee.

Increme of fees con-

sequent upon local 26. Notwithstanding anything in this Act contained, after any

option reduction.	reduction of the number of licences of any class in a 1,ocal Option
New.	I>istrkt in pursuance of a resolution adopted a t any local option poll taken in such district, the annlial fee to be paid for a licence of such class in respect of premises situated in such district shall be increased in accordance with the scale set forth in Schedule C to this Act.
Fees to be paid to

Treasurer. 27. The fees for all licences, certificates, and permits under this

Act 640, 1891, a. 10. Act shall be paid to the Treasurer.

8" EDWARDI 1 1 No. 970.

28, Every licence, other than a packet licence, shall, without regard to the date thereof, commence and take effect from the day PART 111.

D ~ V ~ B I O N 11.

& which the same is actually issued by the Treasurer, as in this Act ficenceatotake effect

mentioned, and, if' not previously forfeited, shall be in force until from date of isaue.

and including the twenty-fifth day of March in the year next fol- Ibid9 a. 20.

lowing the date of the licence, but no longer, and every packet

licence shall, if not previously forfeited, be in force for twelve

from the date of its issue.

29. In the casc. of any licence being issued for a period of less Licences for part of the year.

than one year, a proportionate amount only of the licence fee shall

be payable by the licensee. Act 191, 1880, a. 21.

DIVISION 111. -APPLICATIONS FOR LICENCES, MEMORIALS, AND DIvIsIolv 111.

OBJECTIONS,

30, Applications for all licences, except packet licences, or for Application for

any licence, except a packet licence, being transferred or removed, packet licences, to be licences, other than

shall be made to and considered by the Bench for the district in made to Bench.

which the premises licensed or propdsed to be licensed are situated: Ibid, a. 25.

Provided that in case any such premises are situated beyond the proclaimed districts, or within a district in which there is not any duly constituted Bench, then the application shall be made to the Bench nearest to the locality in which such premises are situated.

master or commander of any steamer or other vessel making passages granted by Treasurer. 31, Packet licences shall be issued by the Treasurer to the Packet licence to be

and conveying passengers from any place within the State or 1 b i d j 8. 2 6 -

its dependencies to any other place, upon payment of the licence fee hereinbefore mentioned, and upon receiving the certificate of a Special Magistrate or two Justices, in the forin In Schedule l) hereto.

32, (1) Every person desirous of procuring a publican's or wine Application for publican's or wine

licence under this Act, in respect of premises which have not been 1 icence for new

previously licensed, shall, at the meeting of

the Bench immediately p remisrs to be corn-

menced by deposit of

previous to the meeting at which application for a licence is to be plans and notice.

made, deposit with the clerk of such Bench plans of the buildings bid, 8. 28,

erected or proposed to be erected on such premises, and showing

exactly the site of such premises, the boundaries thereof, and the

situation thereon of the front door of such buildings, and indicating

in words which is or is to be th2 front door. Such plans shall be

upon paper of the width of twenty-four inches, and shall be certified

ay correct by such person and by an architect or surveyor, and

shall be open to public inspection without fee.

(2) Such person shall, within fourteen days, of the deposit of such plans, cause notice of such deposit to be given by two advertise- men ts in each of two daily and two weekly newspapers published in the said State; and shall also during the whole of the interval between such dep6sit and the next meeting of the Bench post and

keep

The Licensing Act. -1 908.

p-

PART D I ~ I ~ I ~ N 111. keep posted on the outer door of the premises in respect of which the

IIr-

application is intended to be made. or, in case the said premises have not been erected or conipleted, upon a notice board placed on

a C O I ~ S ~ ~ C I I O I ~ S part of the land upon which it is intended to erect or

complete snch premises, a notice in such of the forms contained in Schedule E hereto as is applicable; and shall also, at the time of depositing such plans, deliver to the clerk of thc 12ench a duplicate of such notice, accompanied by a certificate in the forni of Schedulc

F hereto, of at least three known householders residing within

a radius of one mile of the said premises, or intended premises,

and such clerk shall forthwith cause notice of the denosit, of ~!lcll

plans to be inserted in two consecutive numbers of the Gazette.

The cost of so inserting such notice shall be paid by the applicant.

Bench to grant or 33, Every such person, having complied with the requirements

refuse licence, or to

decidewhether licence	of the next preceding section, may. at the annual or quarterly lneetirig
will be panted to	of' the Bench held next after the deposit of such plans, apply t;
pmmieee erected in

accodancewithplans. such Bench for a licence in respect of the premises specified in

Ibid, a. 29. such plans, and the Bench shall thereupon, if the premises haw

already been erected and complcited, grant or refuse the applica- t ion; and if such premises have not then been erected or com- pleted, the Bench shall decide whether a licence will be grantccl to such premises when erected or completed in accordance with such deposited plans to the satisfaction of and within a reasonable timc t o be fixed by such Bench; and i f any application is rejected upon the ground that the plans so deposited do not meet with the approval of the Bench, or that the premises erected or proposed to be erected are not, or would not, in their opinion, be suitable to the locality, thev shall, upon the request of the applicant or his counsel, state in what particulars the plans do not meet with their approval, or the buildings or proposed buildings arc unsuitable. IVllcn the Bench have decided at any meeting that a licence will be granted to any premises not then erected or completed such pw-

mises, upon being erected or completed in accordance with the deposited plans within the time fixed by the Bench, shall, for the	purpose of regulating the mode of application for a licence thereto.
be deemed to be previously licensed premises.

Application for other

licences. 34. E very person applying fbr a licence, other than a l)ublican's,

Ibid, s. 34 (portion). have not been previously so licensed, shall, not less than twenty- wine, club, or packet licence, in respect of m y premises wliictr

Act 6 6 6 ~	lsgs, a. 46 f eight days next before the meeting of the Umch at which the
altered.

application is to be made, post, and during the whole of the interval, keep posted a notice, in such of the fbrms contained in Schedule E heret; as is applicable, on the outer door of ihe prrmises, or on a notice board on a conspicuous part of such premises, if the house 01- store has not been erected or completed; and shall, at least twenty-eight days before such meeting, deliver to the Clerk of the llenclr a duplicate of such notice, acc.oml)anied by a certificate ill the form of Schedule I; hereto, of at 1:ast three known householders reaiding within a radius of 01a: mile of the 1)rernises.

35. 50

8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

35. No licence under this Act, other than a billiard or packet PART 111.

licence, in respect of previously unlicensed premises, shall be DIYISION - 111-

nranted if a memorial, in the form of Schedule G hereto, or to the Memorial ngainst new

Eke effect, against the granting of the same, signed by at least two- licence.

thirds of the electors resident in t h ~ immediate neighborhood of such d c t 191, 1880, S. 30.

pemises. is presmtcd to the Benc;~ at the meetin$ at which the Act 57, altered. 666, 189% 68. 22.

for such licence is mule. The geni~lneness of the

to such memni.ial shall be verified on oath before such

Bench. No memorial shall be received unless it is signed by twenty

pdif ied persons a t the least: Provided always that if there are less than thirty persons qualified to sign such a memorial as afore- said rrsiding ih the irnnlcdiatc neighborhood (the onus of proof whereof shall lie on ti e ; erson or persons objecting to the grant of the licence), the " immediate neighborhood " shall, for the purposes

of mch memorial and all proceedings connected therewith, mean

vithin a radius of one mile fiom thc front door, or proposed front

door, of such premises.

36, Rvery siicll memorial against tile granting of a licence, Mornorial and COPY for service to be

with n copy thereof for service on the applicant, shall be lodged lodged.

with the clerk of the Bench within sixty days after the time when A, ,,,,

,. 31,

the applicant has deposited with the said clerk plans of any building altered.

which it is proposed to orect, or in respect of which i t is intended

to apply for a. licence. if the licence for which it is intended to apply

is a publican's or wine licence; or within fourteen days after such

time if the licence for which it is intended to apply is a licence

other than a publicnn's or wine licence; and such clerk shall forth-

with callse such copy memorial to be for~vardetl by post to the

ay plican t.

37. Any person applying for a liecocc, or notifying his intention to Certified list of

oppose the granting of a linenrc, shall, on application to the Return- electorstobeevidence~

ing Officer of the Nlectoral District for the House of Aesembly, or rbidl 8. 32, adapted.

to the Returning Officers of the Electoral Districts (if more than	one), in which tho immediate neighborhood of the premises in
rcspeci of which he intends to apply for or opposr: the granting of
a licence is situate (or to other the officer or ofticers under any Act for the time being in force whose duty it is to keep the Electoral
Roll for such District or Districts), and on payment to each such Retnrlling Officer (or other officer as aforesaid) of the sum of Ten Shillings and Six Pence, and a further sum of Three Pence for each folio of' seventy-two words of the lists herein mentioned, be furnished
by such Returning Officer (or other officer or officers as aforesaid)
with a list of the electors residing within the said immediate neighborhood, or so much thereof as lies within his Electoral Ilistrict (or within the District for which he keeps the Electoral Roll, a:, the ease may be), certified under the hand of such Returning Officer (or other oHicer as aforesaid) to be a true list of such resident electors; and such certified list or lists (if more than one) shall
bc p i n z t i f k - i c e~idence of the number and names of the electors
residing withill thr immediate neighborhood and qualified to sign such memorial as aforesaid. 38. A

8" EDWARDI VII, No. 970.

-- -

The Licensing Act. -1908.

PART 111. 38, A licence having been refused by reason of a memorial

D I ~ I ~ I O N 111. having been presented in terms of this Act against the granting

Wherelicencerefused of	a licence or licences, it shall not be lawful for the Bench, at any
by reason of

memorial, no licence sitting within two years after such 'refusal, to entertain an applica-

to be subsequently tion from any person or persons in res~~ec t of the premises for which

issued except on	memorial bymojo,~,y a licence has been refused, nor after tha t period unless a memorial
of electors. has been presented in favor of' granting a licence or licences, signed Ibid, a. 33, adapted. by a t least two-thirds of the electors resident in the immediate

neigh borhood (within the meaning of section 35 of this Act) of such premises, and the genuineness of the signatures is verified, as pro- videti for in case of a memorial under section 35 of this Act.

Manner of application by new applicant for 39. Any unlicensed person desirous of procuring any licence

licence in respect of other than a club or packct licence, in respect of previously

previ?usly licensed licensed premises, shall, twenty-eight days a t least before the date of premleee.

thc meeting a t which he intends to apply for such licence, post

Ibid. a. 34 (portionj. on the outer door of the premises, and keep posted there until such meeting, a conspicuous notice in such of the forms contained in Schedule E hereto as is a,pylicable, arid shall deliver to the clerk of the Bench a ctuplicate of such notice, accompanied by a certificate, in the form of Schedule F hereto, of at least three known house- holders residing within a radius of a mile of such premises.

Untrue certificate. 40. Any householder who gives a certificate under section 32

A G ~ 191, 1880, a. 34 or 39 which is untrue in any particular shall be liable to a penalty

(portion). not exceeding Five Pountlls.

~ a n n e r o f application 41, Any licensed person, other than the llultlcr of a packt't

forrenewalof licence. any licence, desirous of' procuring a renewal ol his licence under this

Ibid, 8. 36 (portion). Act shall, twenty-eight days a t least before the annual mecti~lg

of the Bench, ddiver to the clwk of the Bench a notice in such

Act 6613, 1896, a. 12. of the forms in Schedule E hereto as is applicable.

Notice of application 42. Upon the receipt of any notice of application, the clerk oi

to Commissioner

of police and	the Bench shall file the same. and shall forthwith cause notice of
Inspector.	such application and the particulars thereof to Lt. fo~warded to the
Ibid, a. 36.	C'onltnissioner of Police, and to the Inspector for the Licensing

District.

.Notice to be givenof	43. The Clerk of	the Adelaide Ueiich shall give notice by
time for making

obiectiona. advertisement in the Gazette published not less than five wcoks L

Ibid, a. 37, altoled.	before the annual meetings of Benches, requiring all persons having any complaint against the management .or condition of any licensed premises, or the licensee thereof as such licensee, to forward such complaint to the clerk of the Bench for the district in which such
Form of notice.	premises are situated at least fourteen days before the annual
New.	meeting, and to attend at such annual meeting to substantiate such complaint. Such notice may be in the form of Schedule 11 hereto.

Proceedings on con-

sideration of a plica- 44. The proceedings on the consideration of any application or

~n to be p~b!~, any objection to an application for any licence under this Act, and

Ibid, r. 38. - also

8" EDWARDI VII, No. 970. 15

The Licensing Act.-1908.

also of every application or objection to any application to renew, PART 111.

transfer, or remove any such licence, shall be public; and the Bench

D1vlslON IT'.

assembled at their annual or auarterly meetings, or at any adjourn- ment thereof, shall hear, inquire into, and determine all such appli- cations, and also all objections which are made to any such applica- tions, and hear on oath such witnesses as are called, and, subject to t,his .Act, m.ay grant such licences to such persons as are approved by such Bench; and may direct the holder of a licence to srlpply additional accommodation at his premises, or make repairs therein, in such manner and within such reasonable time as they deem fit.

45. Subject to section 6 l hereof, and without diminishing the Personal attendance

effect of section 59, no person, having given the notice by this oflicencenotreq~8ite for renewal or tranefer

Act prescribed, shall be required to attend the Bench for the purpose unle~enoticeofobjec- tion given.

of procuring a renewal or transfer of his licence, or of a licence, Ibid, a. 39,	adapbdted.
unless notice of objection to the application, stating the grounds thereof, has been &ven to the clelk of the ~ e n c h - in duplicate. Upon receipt of su% notice of objection the clerk shall forthwith forward one part thereof, by post, to the applicant.

support of any objection to the grant, renewal, transfer, or removal to be served. 46, No perso!) shall be heard, either personally or by counsel, in Notice of objection

of a licence before any Bench assembled at any annual or quarterly Ibid, B.40.

meeting, or at any adjournment thereof, unless notice in writing

of such objection, stating the nature and grounds thereof, signed by

the objector, and giving his place of residence and occupation or style, has been delivered to the clerk of the Bench to which the application is intended to be made and to the person who hss given the notice of application prescribed by t,his Act a t least fourteen clear days before the day on which such application is to be heard.

47. The objections to the grant or renewal of a licence of which Wectiomtolicencee and renewale.

notice may be given are the following :- Ac 640, 1891, E. 8

Act 666, 1896, B.

1.- Pu blicans' Licences. Altered.

( a ) As to all applications-That the applicant is of bad fame or

character; that he is interested in keeping a brothel or house of ill fame; that he is of drunken or dissolute habits, or is not a fit and proper person to be licensed; that he has within six months previously been deprived of a licence under this Act or any Act hereby repealed; that there is direct means of communication between any store, shop, office, or dwellinghouse and the premises men- tioned in the application or the appurtenances thereof or any premises within the same enclosure as the premises mentioned in the application; that the said premises, or any adjacent store, shop, or house owned or occupied by the applicant (whether there is or is not any such means of communication between such adjacent store, shop, or house and the said premises) is of a disorderly character,

or

8" EDWARDI 1 1 No. 970.

The Licensing Act.-1908.

or frequented by prostitutes, thieves, or persons of bad character; that the licensing of the premises is not required for the accommodation of the public:

( I r ) As to applications for premises not previously licensed-That

such premises are i n the vicinity of a church or other place of' public worship, or a hospital, or school, and would, if licensed, be the cause of inconvenience or annoyance to the persons using or frequenting such church, place of worship, hospital, or school; that the quiet of the locality in which such premises are situated will be disturbed if a licence is granted for the sale of liynor in such premises (this objection shall not be entertained unless a petition against the granting of such licence for such premises has been presented to the Bench, signed by at least two-fifths of the electors residing in the imme- diate neigltborhood of such premises); that, if such premises are situated in or within ten miles of the city of Adelaide, the same have not at least two moderate-sized sitting-rooms anti two sleeping-rooms, properly ventilated and furnished, constantly ready and fit for the accom- modation of members of the public, independent of the rooms occupied by the applicant and his fanlily; or that the said premises have not decent and separate places of convenience for both males and females, or have not urinals on or near the premises for the use of' the customers thereof, so as to prevent nuisances and offences against decency:

(c) As to applications for renewal of licences or by new appli- cants for previously licensed premises-That the manage- ment of the licensed premises in such particulars aF are specified in the notice has not been satisfactory; that any direction of the Bench as to additional accommodation has not been complied with:

( d ) As to applications for licences for premises not previously are situated more than ten miles from the city of Adelaide, such premises have not at least one sitting-ioom and two sleeping-rooms properly ventilated and furnished, con- stantly ready and fit for the accommodation of travellers, and separated from any bar by a space of at least twelve feet, with a separate entrance; that such premises have not decent and separate places of convenience for both males and females, or have not urinals on or near to the premises for the use of the customers thereof, so as to prevent nuisances and offences against decency; that there is not a stable on the premises capable of' containing at least four horses, with a sufficient quantity of hay and corn: Provided that want of stable accommodation shall not be an objection as to premises within the limits of a municipality whose population numbers two thousand or over. licensed,and for renewal of licences-That, if such premises

11.- Wine

8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

11.- Wine Licences.

(a) As to all applications-That the applicant is of bad fame

or character; that the applicant is interested in keeping a brothel or house of ill-fame; that he is of drunken or dissolute habits, or is not a fit and proper person to be licensed; that he has been within six months previously deprived of a licence under this Act or under any Act hereby repealed; that the licensing of the premises is not required for the accommodation of the public:

( 6 ) As to applications for renewal of licences, or by new appli-

cants for previously licensed premises-That the manage- ment of the licensed premises in such particulars as are specified in the notice has not been satisfactory; that any direction of the Bench as to additional accommodation has not been complied with:

(c) As to applications for licences for premises not previously licensed- That such premises are in the vicinity of a church, or other place of worship, or a hospital, or school, and would, if licensed, be the cause of inconvenience or annoyance to the persons using or frequenting such church, or place of wor- ship, hospital, or school; that the quiet of the locality in which such premises are situated will be disturbed if a mine licence is granted for such premises (this objection shall not be entertained unless a petition against the granting of such licence for such premises is presented to the Bench, signed by at least two-fifths of the electors residing in the immediate neighborhood of such premises).

111. --All Licences, except Publicans', Wine, and Packet Licences.

((I) As to all applications-That the applicant is of bad fame or

brothel or house of ill fame; that he is of drunken or	character; that the applicant is interested in keeping a
dissolute habits, or is not a fit and proper person to be licensed; that he has been within six months previously deprived of a licence under this Act or any Act hereby repealed; that the licensing of the premises is not required for the accommodation of the public:

( b ) As to applications for renewal of licences-That the manage-

ment of the licensed premises, in such particulars as are

specified in the notice, has not been satisfactory.

and minute the results of the proceedings, and whenever any eign licences. 4.8, The clerk of each Bench shall attend the meetings thereof, Clerk of Benah to

Bench grants any licence the chairman of such Bench shall, at Act lg18 1B80~a.

the time such licence is granted, notify the fact by writing under

his hand, opposite to or against the name of the applicant, in a list

C-970 of

- 8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

P*nr 111. of applications to be laid before him for that purpose by the clerk 01

D ~ v ~ s r o a 111. the Bench, which notification sl~all be a valid authority to the clerk

of such Bench tor the signing of a licence to such applicant; and

T - ~ or oaCer ~

a p ~ i n t d	by him to such clerk shall forthwith sign a licence in such of the forms
issue same.

contained in Schedule B hereto as is applicable, and shall, after registering the same in the said list of applications, with the day of signing the licence, forthwith hand the same to the Treasurer, or to some officer appointed by him, who shall attend every annual and quarterly meeting of the Bench, and such Treasurer or officer afore- said sl~all, on receipt of the annual fee payable in respect of the licence granted, and of Two Shillings and Six Pence for each licence, issue and deliver such licence to the person in whose favor the sarne has been granted, or his agent, the Treasurer or officer aforesaid having first minuted at the foot of the licence the day on which the same was so issued by him.

Until fee paid, peraon

entitled to licence 49, Until the sum payable for a licence is paid to the 'Treasurer,

deemed unlicensed. OF such officer as mentioned in section 48 hereof, and the licence is actually issued by him, the person entitled to such licence shall be

If paid

two months licence

deemed unlicensed, and in case the sum is not paid within two

void.

calendar months after the date of the meeting at which the same

Ibid, E. 44.

was granted the grant thereof shall be wholly void, and the licence

shall not be issued.

List of licences issued	50, The 'l'reasurer shall cause a list of	all licences issued, and also
andnotice of non-

P merit of fees to,,e notice of the non-payment of any licence fees as mentioned in the

~ u g l i s h d in G a m e. next preceding section, to be inserted in the G n z c t t ~, on the first,

Ibid, S. 4.5, second, or third day of its publication after the issue of the licences, or after the expirahon of the said period of two calendar months, as the case may be.

I)IVIBMN IV. DIVISION IV.-TRANSFER OF LICENCES.

Transfer of licences 51, If any person who holds a licence other than a club or

Ibid, a. 46, altered.

packet licence, or has a certificate under section 5 4 hereof, or who has given notice to the clerk of the Bench of his entry, as required by such section, desires to hate the licence transferred to any other person, or if any pel-son who has such certificate, or has given such notice, desires to have the licence transferred to himself, he shall deliver to the clerk of the Bench, and dso post on the outer door of the licensed premises, twenty- eight days before any quarterly meeting, a notice in the form of Schedule J hereto, or as near thereto as circumstances will permit, and shall also deliver to the clerk a certificate from three known householders residing within a radius of one mile of the licensed premises in favor of the intended transferee, which certificate may be in the form of Schedule F hereto; and such clerk shall forthwith cause a list of all applications for transfers to be advertised in two consecutive numbers of the Gazette issued previously to the date of

the meeting of the Bench to which such ap~lication is to be made.

52. The

8" EDWARDI VII, No. 970.

The k n s i n g Act.-1908.

7

52. The objections to a transfer, of which notice may be given, PART 111.

are the following- Drrrsxo~ IT.

That the licence of the person proposing to transfer the same is ~~~~~~~j~~~~~~

ibid, a. l,, altersd. to have the licence transferred is of bad fame or character, or is interested in keeping a brothel or house of ill fame, or is of drunken or dissolute habits, or is not a fit and proper person to be licensed, or has within six months previously been deprived of a licence under this Act, or any Act hereby repealed, as being personally incapable or unfit to hold the same; or that the lease under which the holder of the licence occupies his house contains R covenant or prchibition against transferring the licence, or assigning, or sub-letting without the consent of the lessor, and that such consent has not been obtained; or that any direction of the Bench as to additional accommo- dation has not been complied with.

liable to be foifeited for offences against this Act, or any

53. The Bench assembled at any quarterly meeting may, upon Bench map tranefer

'icence. and exercise the same privileges and be subject to the same liabilities and penalties as if such licence had been originally granted to him; and the person whose licence is so transferred shall cease to be a licensed person under this Act in respect of the premises mentioned in such licence, but shall remain liable for any act or omission done, caused, permitted, or made by him prior to such transfer.

the application of any holder of a licence or of a certificate

under section 54 hereof, or of any person who has given Ibid$s.4g,altered.

notice to the clerk of the Bench of his entry, as required by such

section, and upon being satisfied that the provision9 of this Act have

been complied with, transfer the licence to the proposed transferee by

a certificate in the form of Schedule K hereto, signed by the clerk of

such Bench; and thereupon, and on payment of the sum of Twenty

54. (1) On the happening to the holder of any licence other than Tranamiaaion of

a club or packet licence, or of a certificate under this section, of any of	licences.
the events mentioned in the first column of this subsection, or on	nCt i g l, l s s o, .. 50.

such holder doing, permitting, or suffering any of the acts, matters? A c t s40,

or things mentioned i n such first column, the person specified in the

.,

second column opposite to the events,acts, matters or things mentioned in such first column shall be entitled to enter upon the licensed premises of such holder, and may, subject to obtGning a certificate of a Special Magistrate or Justices as hereinafter mentioned, continue and carry on the business thereof until the meeting of the Bench held next after the expiration of twmty-eight days frotn such entry, a t which meeting an application shall be made by such person who has so entered for a transfer of the licence, or for a licence, as the case may require, and the proceedings to obtain such transfer or licence shall be the same, OF as nearly as nlay be, and the Bench shall have and exercise the same discretion as in-ordinary oases of applications for a

trasefer or licence, r. On

8" EDWARDI VII, No. 970.

P-

-

Second Column.

~ B f f f. T First Column.

Dlv1e1QX v- 1. On death: I. The legal personal lepresen ta. tive, (or his nominee or

assign), or the widow,

widower, or any child of the

deceased:

11. On insolvency, statutory as- 11. The assignee, trustee, or other

signmen t, or CO m position, person in whom the estate

whereby the estate of a

becomes vested, or his nomi-

licensed person becomes an

nee or assign:

asset for the benefit of his

creditors:

I 11. On sickness or other infirmity, whereby the licensed person	111.	The wife or husband, or any
child, or the nominee of the

become disabled personally

licensed person:

to conduct the business of

the licensed premises:

xv. On the lunacy of any licensed IV. The committee of such per-

person:

son or the nominee of such

committee:

v. On sale of the licensed pre- v. The purchaser or hisnominee;

mises:

VI. On surrender, forfeiture, re- covery by legal process, or vr. The landlord, mortgagee, or other person who may be

other determination of the	bond fine entitled to the
right of the licensed person	licensed premises or the pos-
to the possession of the li-	session thereof, or the nomi-
censed premises, or upon the	nee or agent of any such
licensed person yielding up	landlord, mortgagee, or other
possession of the premises	person:
before the expiration of the licence, or allowing such

premises to become vacant:

V I I. On the neglect or refusal V I I. The landlord, mortgagee, or

of the licensed person to give	other	person	prejudiced
notice of application for the	thereby:
renewal of his licence, or, having given such notice, on his neglecting to apply at the annual meeting for such renewal, or, on his having so applied, his being refused a renewed livence merely 011 personal grounds, or having been granted a licence, on his refusing or neglecting to pay the 1icenc.e fee within thirty days from the meeting
of the Bench at which the
lieence was granted:

8" EDWARD! VII, No. 970.

-

The Licensing Act.-1908.

First Column. Second Column. PAST 111.

~ 1 1 1. On the neglect or refusal of a person to whom a certi- vi X I. The landlord, mortgagee, D ~ v l O 1 ~ ~

or other person prejudiced

ficate has been granted	thereby.
cs hereinafter mentioned to make application for a transfer of the licence or for a licence (as the case may require), or upon the refusal of the Bench to transfer the licence or to grant a licence (as the case may require) to such person.

(2) Every person entering upon any licensed premises, and con- Altered.

tinuing the business thereof under the provisions of this section, shall, within seven days after such entry, give notice thereof in writing to the clerk of the Bench, and shall, on receiving notice from the said clerk, attend before a Special Magistrate or two Justices, at a time and place to be specified in such last-mentioned notice; and if such Special Magistrate or Justices are satisfied that such person is a desirable person to hold a certificate, and that he has not been previously refused a licence by any Bench, such Special Magistrate or Justices may, in his or their discretion, grant to such person a certificate, in the' form of Schedule L hereto, and such person shall, so long as such certificate continues in force, be deemed a licensed person, and shall be subject to the same liabilities and penalties as it' he held a licence under this Act, and such certi- ficate shall whilst in force be deemed to be the licence of such person.

(3) The time specified in the notice last mentioned in sub- New

section (2) of this section shall be not less than fourteen days after the clerk has received the notice first mentioned in such subsection; and the clerk shall send to the Commissioner of Police and to the

first referred to. Inspector for the District particulars of the notice in this subsection

(4) If in the event mentioned in subdivision v. of the said New.

first column the Special Magistrate or Justices refuse to grant a ceitificate as aforesaid to the purchaser or his nominee, upon an application made in accordance with subsection (2) of this section, the purchaser shall, notwithstanding any agreement to the contrary, be entitled to recover any money or other thing mhatsover paid or delivered to the vendor, or to any person on behalf of the vendor, on account of the purchase or agreement for the purchase, whether by way of deposit or payment or part payment of the purchase- money, or by way of earnest or otherwise to bind the agreement.

( 5 ) Any person entering upon premises in consequence of any of Act 191, 1880, B. 60

the events mentioned in subdivision V I I, of the said first column shall, within seven days after obtaining such certificate as aforesaid, present or send the same to the Treasurer, and pay the same

licence

8" EDWARDI VII, Nq. 970,

The ficensirq Act.-1908.

PART Irr. licence fee as would have been payable if the licence had been

l)lr*sron granted at the annual meeting of the Bench; and in the event of a licence being granted by the Bench at a subsequent meeting, no further fee shall be payable in respect of such licence for that licensing year,

New. (6) Any person entering upon premises within the twenty-eight days immediately preceding an annual meeting of the Bench, in conse- quence of any of the events mentioned in any subdivision except vlr. of the said first column, shall, within seven days after obtaining such certificate as aforesaid, present or send the same to the Treasurer, and pay the same licence fee as would have been payable if such certificate had been a licence granted at such annual meeting; and in the event of a. licence being granted by the Bench at a snbse- quent meeting, no further fee shall be payable in respect of such licence for t.hat licensing year.

Act 191,1880,s-	50.	(7) From and after the entry of any person under the provisions of this section upon any premises, until the grant to such person of a certificate as aforesaid, such person shall be deemed a licensed person, and shall be subject to the same liabilities and penalties as if he held a licence under 'this Act, and such certificate, when granted, shall be subject to the same indorsements as if it had been in f'orce
a t the time of such entry.
New.	(8) The production of a notice of entry give!l by any person under this section shall be sufficient proof, in any proceedings for any offence against this Act, that such person has entered upon the premises therein mentioned, and that he is carrying on the business thereof.
New.
(9) Whenever a Special Magistrate or Justices grant a certificate under this section, he or they shall forthwith send particulars of the same to the clerk of the Bench.

Removal of licence to

other premises. 55. (1) If any person holding any licence under this Act, other suitable and convenient premises, he shall, twenty-eight days before any quarterly meeting of the Bench, deliver to the clerk of such Bench, and also post and keep posted until such meeting, on the outer door of the licensed ~remises and of the premises to which it is proposed to remove the'licence, a notice in ihe form iu Schedule M hereto; and in case the licence sought to be removed is a publican's or wine licence, he shall with such notice deliver to the clerk plans of the premises to which i t is proposed to remove such licence, and the clerk shall take proceedings thereon similar to those hereinbefore directed with regard to applications for licences.

~ c t 191, 11380, S. 62. except a packet licence, is desirous of removing his business to

Altered.

(2) The plans to be delivered under subsectiou (1) of this section shall comply with all the requirements as to plans contained in eection 32 of this Act,

(3) Nothing

8" EDWARDI VII, No. 970.

The Licensiq Act.-1908.

(3) Nothing herein contained shall be construed to make it PART 1 1 ~

DIVISION vr.

obligatory on the holder of a licerlce who puts up new premises P-

of the same or superior accommodation to, and on the site of his

licensed premises, to apply for a retnovd of his licence to such new

premises.

56. The objections to a removal of which notice may be given Nature of ob'ectiona the house to which it is to removal o# licence.

are the following:-That the licensing of

proposed to remove the licence is not required for the accommoda- 'bids

tion of the public; or that it is in the vicinity of a church or

other place of public worship, or a hospital, or school, and would,

if licensed, be the cause of inconvenience or annoyance to persons

using or frequenting such church, place of worship, hospital, or

school; or that the quiet, of the locality in which such house is situated

will be disturbed, it' a licence is granted for the sale of liquor in such

house (but such last-mentioned objectiou shall not be entertained

unless a petition against the removal of such licence to such house

is presented to the Bench signed by at least two-fifths of the

electors in the immediate neighborhood of such house); or that the

lease under which the holder of the licence occcpies his house contains

a covenant or prohibition against removing the licence to any other

house without the consent of the lessor, and that such consent has

not been obtained; that there is direct means of communication

between any store, shop, office, or dwelling-house and the premises

mentioned in the application or the appurtenances thereof or any

premises within the same enclosure as the premises mentioned in

the application, that the said premises or any adjacent store,

shop, or house, owned or occupied by the applicant (whether

there is or is not any such means of communication between such

adjacent store, shop, or house and the said premises) is of a

disorderly character, or frequented by prostitutes, thieves, or

persons of bad character.

(2) If the application is for t.he removal of a publican's licence cf., a. 47, ants.

notice of the following objections may be given, in addition

to the foregoing, namely :-lf the premises are situated in or within ten miles 3f the city of Adelaide, that they have not, at least, two moderate-sized sitting-rooms and two sleeping-rooms, properly ventilated and furnished, constantly ready and fit for the accommodation .of members of the public, independent of the rooms occupied by the applicant and his family. If such premises are situated more than ten miles from the city of Adelaide, that they have not, at least, one sitting-room and two sleeping-rooms, properly ventilated and furnished, constantly ready and fit fbr the accommodation of travellers, and separated from any bar by a space of a t least twelve feet, with a separate entrance, or that there is not a stable on the premises, capable of containing, a t least, four horses, with a sufficient quantity of hay and corn (but want of stabling accommo- dation shall not be an objection to premises within the limits of a Municipality whose population numbers two thousand or over).

Wherever

!M 8? EDWARDI VII, No. 970.

The Licensing Ad.-1908.

PAW 111. Wherever such premises are situated, that they have not decenx;

D1vlsloN and separate places of convenience for both males and females, or have not urinals on or near the premises, for the use of' the customers thereof, so as to prevent nuisances and offences against decency.

M ~ e o o f ~ o v ~ o f 57, (1) The provisions of section 83 of licenoe from one this Act shall apply,

how to

mutatis mntandis, to an application for removal; and the

Ibid, B. M.

Bench assembled at any quarterly meeting may remove the licence from one house to another. by a certificate in the " form of Schedule N hereto, under the hand of the clerk of such Bench, and thereupon, and on payment of the sum of Twenty Shillings for such certificate, the holder of such licence shall be authorised to carry on business thereunder in the premises t,o which such licence is removed, instead of in his former house, in the same manner as if such licence had been originally granted in respect of the premises to which such licence is so removed, according to the tenor and effect of such licence; and the premises in respect of which such licence was originally granted shall thereupon cease to be licensed.

act 640, 1 8 % ~. 28.

(2) NO licence shall be removed from premises situated within

any Local Option District to premises situated within another Local

Option District.

Meedingsonappli-

cation for transfer or 58. The provisions of this Act as to the proceedings upon an

remold on application for a licence shall apply as nearly as possible to the pro- appfioationforlic8n*. ceedings upon an application for the transfer of a licence or the

Act 191,1880,s. 48. removal of a licence from one house t o another.

~ i m r ~ t i o n of Bench 59, (l) NO licence shall be renewed nor shall any application

'O LUa~~li*tiDlll. be granted as a matter of course; and upon the hearing of any

Act 6 4 0 8 1 8 9 1 ~ ~ - 10, application for the grant, renewal, transfer, or removal of a licence, whether notice of objection has been delivered or not, and whether objection is taken at the hearing or not, the Bench shall hear, inquire into, and determine the application and all such objections (if any) on the merits, and shall grant or refuse the application upon any ground which, entirdy in the exercise of its discretion, it deems sufficient; and against such grant or refusal there shall be no appeal.

enlarged

Need not state (2

j I t shall not be necessary for the Bench to state the ground or reason for its decision to grant or refuse such application; or, if refused, to state upon what (if any) particular objection the appli- cation is refused.

ground8 for decision.

NOW.

NO mmpenmtion on (3) No compensation shall be payable to any person by reason of

"

licelob. the refusal of the Bench to grant any application.

60. (1) The

_ _ _ - 8" EDWAKDI VII, No. 970.

The Licensing Act.-1908.

-- -

60. (1) The applicant, or any pcrson objecting to the grant of PART 111.

a licence, or to the renewal, transfer, or removal, of a licence, may -D1vlslO~

obtain, at the office of the clerk of the Bench, summonses for Witneseesmay be

witnesses; such summons shall be in the form in Schedule 0 hereto, summoned.	Act 131, 1880, a. 65
or to the like effect.

(2) The Bench may direct that any person, whose evidence they Xew.

deem it desirable to have, be summoned to attend and give evidence in the matter of any application for the grant, renewal, transfer, or removal of a licence. The clerk shall thereupon issue such

summons as mentioned in subsection (l), and cause'the same to be

served upon such person, The provisions of sections 225 and 226

of this Act shall apply to every person summoned to attend and give

evidence under this subsection.

61. The applicant for the grant, renewal, transfer, or removal Applicant may be

of a licence may be summoned nnder the next preceding section required to give

hereof to attend and give evidence upon the hearing of the New.

application; and, whether summoned or not, such applicant may, if

present at the hearing, be called as a witness. All the pro-

visions of the next preceding section and of the sections therein

mentioned shall apply to any applicant so summoned and to any

applicant present at the hearing.

62, The Bench, assembled at an annual or quarterly meeting, Costernay be given

may order that any person objecting to any application, and failing ,j,c,o, against unsuccessful

to support such objection to their satisfaction, shall pay to the Act ,,,,l,,,,B. 57.

applicant a sum not exceeding Ten Pounds, for the costs incurred

by such applicant in supporting such application; and such costs

may be recovered in the same manner as any sum of money

ordered to be paid by any order of Justices: Provided always that

P

no such order shall be made where such objection is made by any

member of the Police Force or any inspector,

63. (1) If any person entitled to apply for the renewal of any Special permits to

licence in respect of any premises fails to make application therefo ~ ~ ~ ~ ~. l i c e m r d

to the Bench within the proper time, it shall be lawful for a Special 666, 1896, 4.5,

Magistrate, if satisfied that such failure arose through illness, altered.

accident, or misadventure, to grant to such person a certificate

which shall authorise such person to carry on the business of such

premises until the next quarterly meeting of the Bench; and such

person shall, during the period such certificate continues in force, be

deemed a licensed person, and shall be subject to the same liabilities

and penalties as if he held a licence under this Act, aird such certi-

ficate shall whilst in force be deemed to be the licence of such

person.

(2) Such person shall, within seven days after obtaining such certificate, present or send the same to the Treasurer, and pay the same licence fee as mould have been payable if such certificate had been a licence granted at the annual meeting of the Bench, and in the event of a licence being granted by the Bench at a subsequent meeting no further fee shall be payable in respect of such licence

for that licensing year. D i v r s ~ o ~

26 '8" EDWARDI VII, No. 970.

- - -- _

The hiwnsing Act.--1908. A------ - -

p-----

Five days' certificate 64. If any two Justices living within ten miles of any licensed

may be pant& in	premises or any Special Magistrate approves of any person (hold-
certain cases.	ing. at the time a publican's or wine licence for such premises) V
Ibid., E, 60.	selling liquor or iGead, wine, cider, and perry, as the casE may b(
Act 640, l B g 1 9 a.	in any booth or building at any fair, military encampment, agri.
Altered.	cultural exhibition, races, regatta, rowing match, cricket ground, or other place of public amusement, for a period not exceeding five days, such Justices or Special Slagistrate, upon being sat~sfied
that such licensed person has first obtaiiied the consent and approval of the stewards, committee of management, or other persons having the conduct, control, or management of such fair, encampment, agricultural exhibition, races, or other amusement, and of the officer of the Police Force in charge of the station nearest the licensctl premises, may signify their 01. his approval in writing, b j a certifi- cate in the form contained in Schedule P hereto, and thereupon and upon payment, by any person holding a publican's licence, for such certificate of a fee of One Pound for the first clay and Ten Shillings for every subsequent day for which the certificate is grauted,
and, by any person holding a wine licence, for such certificate of a
fee of Ten Shillings for each day for which the certificate is granted, it shall be lawful for such licensed person to sell liquor, or mead, wine, cider, and perry accordingly, in such booth or building, for tlie number of days specified in such certificate: Provided always that nothing herein contained shall be construed as an authority for selling or supplying.any liquor to any person to whom it is by this Act made unlawful to sell or supply liquor, or for admitting such person to any such booth or building, or for allowing him to remain therein, or for selling or supplying any liquor during any day or time during which the sale of liquor on 'licensed premises is prohibited by law: Providecl further that this section shall not apply to the occasion of any cadets' military encampment, or of any races, regatta, rowing, or other match, or sports held in connection with any college or school or any association of which the members are, or mav be,
of less than twenty-one years of age.

1'ackt.t certificatee. 65. Any special Magistrate or two Justices may, by a certi-

act 540,1891.8.32, ficate in duplicate, give permission to the master or commatlder of altered. any steamer or other vessel (in respect of which a packet licence has

uot been granted, or is not subsisting), on the occasion of any excursion or trip by such steamer or vessel, to sell liquor on such steamer or vessel for a period not exceeding one day. Every person obtaining such permission shall forward one of such certificates in a prepaid registered letter, together with a fee of One Pound, to the Commissioner of Police, within twenty-four hours after obtaining the same; and the person to whom such certificate is granted may sell liquor on the said steamer or vessel during the period therein mentioned: Provided that nothing herein contained shall be con- strued as an authority for selling any liquor to any person to whom it is by this Act made unlawful to sell or supply liquor, or for admitting such person to any bar on such steamer or other vessel,

or

-

or for allowing him to remain therein, or for supplying or selling PART 111.

D'VIS~ON vll l.

any liquor during any day or time during which the sale of liquor on

licensed premises is prohibited by law.

66. Notice of the grant of any certificate under the next pre- Certificates to gszettd.

ceding section hereof, giving the qame of the person to whom, and

the mnle of the steamer or vessel in respect of which, the same Act 191, 1880. S. C2.

has been granted, and also the name of the Special Magistrate or Justices by whom the same has been granted, shall be published bv the Commissioner of Police in the Gazette as soon as practicable &er he receives notice of the grant thereof.

67. If the holder of a licence is desirous of leaving the said ~ ' ~ ~, ", ~ ~ ~ $ ' g

State for a time, and of' appointing a person to act for him abaenceof licensed

during his absence, such hader may notice of such desire

to the clerk of the Bench, stating the time he requires to be Ibid, 63.

absent, and the name and &scriptibn of the person' he wishes

so to be appointed to act for him, and shall, on receiving notice

from the said clerk, attend before a Special Magistrate with the person he wishes to be appointed, and if such Special JIagistrate in his discretion deems such pereon to be a desirable person to act, and if such person has not been previously refused a licence on personal grounds by any Licensing Bench, such special Magistrate may grant a certificate, in the form of Schedule Q hereto, l~crmitting such person so to act for the holder during his absence, for such time, not exceeding twelve months, as such Special Magis- trate in his discretion allows: Provided always that the person

so permiited to act shall be liable to the same liabilities and

penaltiqs as if he were the holder of a licence under this Act, and

as if the licence of the person who appointed him to act were the

licence of the person so permitted to act.

68. ( l ) If the Special Magistrate nearest to any goldfield certi6cates to liquor on goldfields.

approves of any person holding a publican's licence selling liquor hot 666, L816,	or any person holding a wine licence selling mead, wine, cider, and	perry, on snch goldfield, in any erection or building to be approved
by such Special Magistrate, the said Special Magistrate may, upon
being satisfied that such licensed person has first obtained the con- sent of the officer in charge of such goldfield, grant one or more certificate or certificates, in the form contained in Schedule R hereto, to sell liquor, or mead, wine, cider, and perry, as the case may be, in
a stated place on such goldfield for the residue of' the term of the
applicant's licence, subject to a fee of Five Pounds for a publican's hence, and One Pound for a wine licence, being paid into the hands of the officer in charge of such goldfield before any such sale
is made. Such officer shall pay all fees so received to the Treasurer.

(2) Such certificates may on like payment be renewed from time to Renewal of such eertificatea.

time for a further term of not exceeding six months by the Bench for the district in which such goldfield is situate at any annual or quart,erly meeting, so long as the person holding the same holds a licence under this Act: Provided that any person holding such

liquor (or mead, wine, cider, and perry, as (he case may be) in an open booth (or

tent, or building), a t on the occasion of a

for the space of days, subject to the provisions of " The Licensing Act, 1908."

A.B., S.M.

( C.D., J.P.

or \ N.F.. J.P.

VII, No.

The Licensing Act.-1908.

SCHEDULE Q. Sec. 6;.

CERTlFICATE ALLOWING OTHER THAN LICENSED PERSON TO CARRY ON

BUSINESS DURING LICENCEE'S TEMPORARY ABSENCE.

" The Licensing Act, 1908."

I, A.B., Esquire, a Special Magistrate in and for the State of South Australia, hereby authorise and permit C.D., of [residence and occupation1 to act for E.F., the holder of a publican's licence in respect of the premises known as [ d a t e name of licensed premises and where situate] during his absence from the State, for a period

of months from this date.

n a t ecl this day of 19 .

A.B., S.M.

SCHEDULE K. Sec. 68.

CERTIFICATE TO SELL LIQUORS IN A CERTAIN PLACE UPON GOLDFIELDS.

" The Licensing Act, 1908."

I, A.B., Esquire, a Special Magistrate in and for the State of South Australia, hereby certify that C.D., the holder of thia certificate, now holding a publican's ( o r

wine) licence at , may sell liquor (or mead wine, cider, and perry as the

case may be) in a certain place or building known as or called	V
situate upon the goldfield known as, for the residue of the term of the publican's (or wine) licence held by him, subject to the provisions of the Licensing Act, 1908.

A.B., S.M.

(N.B.-The specified as accurately as circumstances will allow.) place or building to which the above certificate is to apply must be

SCHEDULE S. Sec. 70

ORDER FOBFEITING LICENCE.

" The Licensing Act, 1908."

South Awstralin Be it remembered that A.H., of , being the holder

to wit. 1 o f a licence, is this day convicted before me (or us), the

undersigned, a Special Magistrate in and for the said State (or two of His Majesty's Justices of the Peace for the said State) for that the said A.B. [here set out the o m c e

of which he has been convicted, und if the ofence is one to which forfiiture i s not

specially attached, add] ; and it having been proved to me (or us) that the said A.B. has been (once or twice, as the case m a y be) before, within a period of (two or three years, as the case m a y be), convicted of offences against '' The Licensing Act, 1908": Now I (or we) do therefore order and adjudge that the said licence of the said A.B. shall be and the same is hereby forfeited [E' costs are given, add the proviso w i th

yeyard to costs contained i n Schedule 1 2 of the Ordinance N o. 6 of 18501.

Given under hand this day of , l 9 .

CD., S.M.

or

E.F., J.P.

G. H., J.P.

SCHEDULE

96 8" EDWARDI VII, No. 970.

The L i w s h g Act.-1908.

Sec 81. SCHEDULE l'.

REGULATIOXS FOR CONDUCTING THE BUSINESS OF LICEYSING BENCHER.

1. The Commissioner of Police shall obtain, and furniclh to the clerk of the Licensing Hench in each licensing district, at least three weeks before every annual or quarterly l i c e n ~ i n ~ day, a report of every licensed house in such district, and as to applications for new houses, or new applications for old houses, as soon after the application as possible, such report to contain rr description of the condition of the houses, premises, and furnitnre, the manner in which the house has been conducted during the past twelve months, the character of the persons frequenting the house, and a statement of the number, locality, and distance of other licensed houses in

the neighborhood, and such report shall be open to ~ u b l i c inspection without fee.

2. In the case of applications for new houses, and ncw applications for old houses, and of transfer of licences, i t shall be the duty of the clerks of the Licensing Benches to which such applications are intended to be made to search the copy of the record published by the Clerk of the Adelaide Licensing Bench in the Gazette; and upon the consideration of such application, to report to the Bench whether the applicants or, in the case of transfers, whether the intended transferees have previously applied for any licences, or have been intended transferees of licences, together with the result of such applications respectively; and in case of the rejec- tion or refusal thereof, then the cause of such rejection or refusal, if such cause appears in the Gazette.

3. The Chairman of any Licensing Bench shnll have power to cal; for the pro- duction of the applicant's licence in all cases where an application is made for a renewal of such a licence.

4. At the meetings of the Licensing Bench the applications for renewals of publi- cans' licences shall be taken first. the new a~ul icants for old houses next, and the

I ' .

rest of the business shall follow.

5. The clerk to the Licensing Bench shall give notice to those applicants applying at the annual meeting for a renewal of their licences to whose applications notices of objection have been received by the clerk to attend at such annual meeting; and in such notices the clerk shall state the natures of the objections.

6. On the hearing of any application, except for renewais, the applicant, by him. self or by his counsel, shall open his case; then the objectors are to be heard by themselves, or their counsel, and the applicant may reply.

7. In the case of applications for renewals, the objectors shall commence, and the applicant reply only.

8. The evidence (if any) shall be given in the same manner as in courts of law.

9. The Licensing Bench shall then consider the application, and, if unanimous, shall give their decision through their chairman; but, if not, they shall decide by vote (retiring, if necessary, to a private room) whether the application shall be granted or refused. The decision shall Le g i ~ e n through the chairman, who shall have a casting as well as a deliberative vote.

10. The decision of the Bench, when once announced by the chairman, shall not be questioned or reconsidered or subject to any appeal. SCHEDULE U.

NOTICE OF APPLICATION FOR ADDITIONAL BAR-ROOM.

" The Licensing Act, 1908."

To the Licensing Bench for the Licensing District of , in

the State of South Australia.

I, A.B., of [state residence and trade or calling], hereby give notice that i t is my

intention to apply at. the next meeting of the abovenamed Bench, to be held at

, for permission to sell and supply liquor in the additional

bar-room In my licensed premises, shown on the $an of such premises deposited

herewith (ov for which I now hold such permission for the current year.)

Dated this day of , 19 .

A.B.

SCHEDULE

EDWARDI VII, No.

The k s i n g Act.-1908.

SCHEDULE V. Sec. 119.

~ERMLSSION TO USE LICENSED PREMISES FOR A PUBLIC ENTERTAINMENT.

" The Licensing Act, 1908."

We, A.B. (commissioner of Police, or as the case may be), and C.D., two of His

&lajesty's Justices of the Peace in and for the State of South Aus t r th, hereby

approve of E.F., now holding a

licence, using a portion of his licensed premises as a (theatre, concert-room, ball-

room, as the case m a y be) during the hours from six in the morning till eleven at

night [or as the case ntay be], Christmas Day, Good Friday, and Sundays excepted.

This permission shall terminate on [state &zte.]

A.B., J.P., (Commissioner, or as the case m a y be).

C.D., J. P.

SCHEDULE W. Sec. 13'.

CERTIFICATE OF REGISTRATION AS BARMAID.

" The Licensing Act, 1908."

Licensing District of

This is to certify that [name] of [address] is registered as a barmaid in the register of barmaids for the above-mentioned Licensing District.

Dated the day of , l 9 .

, Chairman of the above-mentioned Ticensing District.

SCHEDULE X. Sec. 189.

REGULATlONS AS TO MODE OF TAKING A POLL AND APPOINTING

SCRUTINEERS UNDER THE LICENSING ACT, 1908."

Notice o f Poll to be Given.

1. Upon receipt by the returning officer for a Local Option District of a direc- tion by the Governor to take a local option poll therein, such returning officer shall	forthwith give notice of such direction, and of the date of the poll, by advertisement
in two daily newspapers circulating in such 1,ocal Option District.

Pollitag-places.

2. Each pollingplace for parliamentiry elections within such Local Option Dis- trict shali be a polling-place for the local option poll.

Powers of Returning Oficers.

3. The Returning Officer for the Electoral District comprising a Local Option District, or within which such Local Option District is situated, shall, for the purposes of the poll, have al l the powers conferred on returning officers by " The Electoral Code, 1896," or by any Act amending or substituted for that Code, and the proceedings shall, except where otherwise directed by regulation, be conducted in

the manner prescribed by the said Code or Act.

Time Booths shall be Open.

4. The booths shall be open on the day of the poll from 8 a m. until 7 p.m.

Mode of Voting.

5. Each voter ehall indicate his vote by making a cross on the voting-paper having

it8 point of intersection in the square opposite to the reeolution in favor of which he

desires

No.

The Lice12~ing Ad.-1908.

desires to vote. More than one cross on any voting-paper, or any informality as set forth in '*?'he Electoral Code, 1896," or in any Act amending or substituted for that Code, will render the voting-paper informal.

Absent Voters.

6. The provisions of Part 111. of " The Electoral Code, 1896," relating to absent Totem, or the pro~isions of any Act for the time being relating to absent votels, shall apply to the tnking of a local option poll, and the vote shall be indicated as in these regulations provided; and the forms provided in Schedules XIV., XV., and XVI. of the said Code, or the forms substituted tberefor by any Act amending or sub. stituted for that Code varied as may be necessary, may be used.

Challenge.

7. The presiding officer, on the request of a scrutineer, may. ask the following question, in addition to those mentioned in clause 127 of " The Electoral Code, 1896," or to those substituted for those mentioned in the said clause 127 by any Act amending or substituted for that Code :-" Do you reside within the Local Option

District for which you now claim to vote ? "

Appointment of Scrutineers.

8. ' h e classee of licences referred to in the following regulations are the claases of licences mentioned in section 182 of this Act.

9. ( a ) Not less than two of the holders of each of the classes of licknces current in respect of premises situated within a Local Option District may nominate a scrutineer to act at each polling-place within the Local Option District: Provided that if there is only one licence current of any class of licences the holder of such licence may nominate a scrutineer under this regulation.

(b ) Not less than ten electors qualified to vote in the Local Optian Ilistrict at a local option poll, who state that they are in favor of the grant of a licence in respect of premises situated within such district, of any class or classes of which there are no licences then current, may nominate one person to be a scrutineer at each polling-place in reepect of such class or each of such classes of licences.

10. Not less than ten electors qualified to vote in the Local Option District at a

local option poll, who state that they are in favor of the reduction or exclusion of any class or classes of licences, may nominate one person to be a scrutineer at each polling-place in respect of such class or each of such classes of licences, whether there are any licences of such class or classes, or any of them, current in such district or not.

11. All nominations shall be handed to the returning officer seven clear days before the day fixed for the taking of the local option poll.

12. From the pereons nominated such returning officer shall appoint one scrutineer in respect of each class of licences in respect of which nominations have been made under regulation 9 to act at each polling-place within the Local Option District, and one scrutineer in respect of each class of licences in respect of which nominations have been made under regulation 10, to act at each polling-place within the Local Option District.

13. Such returning officer shall forward to each person so appointed his appoint- ment as such scrutineer.

Forms. .

14. The forms set out hereunder may br used, with such variations as the case may require.

8" EDWARDI VII, No. 970.

The Licensing Act.-1908.

-

FORM 1. Sec. 178.

LOCAL OPTION PETITION.

TO His Excellency the Governor of the State of South Australia.

The petition of the undersigned electors for the House of Assembly, registered

on the electoral roll for the Assembly Ilistrict, and each of whom

re~ides in the Local Option District of , which petition is made in

pursuance of the provisions in that behalf of ' & The Licensing Act, 1908 ":

Humbly prays-

'I'hat a local option poll be taken within the said Local Option District of

And your petitioners will ever pray, &c.

Signature of Elector. Address.

l

FORM 2. Sec. 179.

RETURNING OFFICER'S CERTIFICATE O F VALIDITY O F ~ ' E T ~ T I O N.

Local Option District of

1, , Returning Officer for the Electoral District of 9

which constitutes the Local Option District of for, within which Electoral

District the Local Option District of is situated), do hereby certify that

I have examined the local option petition presented to His Excellency the Goyernor

of the State of South Australia on t.he day of, 19, praying

that a local option poll be taken in the Local Option District of	,	and the
signatures thereto, and that such petition has been duly and properly signed.

Dated this day of , l 9 .

Returning Officer for the Electoral District of

NOTICE OF POLL.

Notice is hereby given that His Excellency the Governor of tht! State of South * Local Option District of

Australia, in pursuance of "The Licensing Act, 1908," has, by Order in Council, directed me to cause a poll of the electors to be taken in the Local Option District of

on , the day of , 19 .

Dated this day of , 19 .

Returning Officer for the Electoral District of

NOMINATION O F SCRUTINEER BY HOLDERS O F LICENCES.

Local Option District o f

IVe, the undersigned, being the holders of [stale the classj licences, granted in respect of premises situate within the Local Option District of , do hereby

nominate to act as scrutineer at the local option poll to be taken on

the day of 1 9 , a t polling-place.

Dated this day of , l 9 .

[Signatures of holdsrs of licences.]

. F o a ~

8" EDWARDI VII, No. 970. -

Local Option District of

We, the undersigned, being electors qualified to vote at a local option poll within the Local Option District of, end being in favor of the grant of a licence (or licences) of the class (or classes) herelmder mentioned, do hereby nomi- nate the person (or each of the persons) named hereunder to act as scrutineer (W scrutineers) at polling-place in respect of the said class (or the class of licences immediately preceding his name) at the local option poll to be taken on

the day , 19 .

With regard to	licences.	.. .. .. .. .. .. ..
With regard to	licences	.. .. .. .. .. .. ..

[and as the case requires.?

Dated this day of 19 .

LSignatures (?f electore.]

NOMINATION OF SCRUTINEER BY PERSONS I N FAVOR OF THE REDUCTION O F

LICENCES.

Local Option District of

We, the undersigned, being electors qualified to vote ilt a local option poll within the Local Option District of, and being in favor of the reduction or ex- clusion of licences of the classes hereunder mentioned, do hereby nominate each of the persons named hereunder to act as scrutineers a t polling-place in respect of the class of licences immediately preceding his name at the local option

poll to be taken on the day of , 19 .

1. With regard to publican's licences. .......................

2. With regard to storekeeper's licences .. .. .. .. .. .. .. .. .. .

3. With regard to wine licences ............................

4. With regard to storekeeper's Australian wine licences .......

5. With regard to club licences ..................... .. .. ..

Dated this day of 19 .

[Signatures of cZectors.]

FORM 7 ( a ).

APPOINTMENT OF SC~~UTINEERS.

Local Option District o f

I, A.B., hereby appoint , nominated by the holders of [state the class]

licences, to act as scrutineer at polling-place at the local option poll to be

held on the day of , 19 .

Dated this day of , l 9 .

A.B., Returning Officer for the Electoral District.

FORM 7 (b ).

Local Option District o f

I, A.B., hereby appoint , nominated by Lstafe [he nzrmberj

electors who are i n favor of the grant of a [rtate the class] licence, to act a8 scrutineer

at polling-place at the local option poll to be taken on the

day of 19 .

Dated this day of 19 .

A.B., Returning Officer for the Electoral District.

FORM

8" EDWARDI VII, No. 970.

-~ --

The Licensing Ad.-1908.

Local Option District of

I, A.B., hereby appoint , nominated by [state the number) electors who

are in favor of the reduction (or exclusion) of [state the class I licences, to act as scrutineer at polling-place at the local option poll to be taken on the

day of , 19 .

Dated this day of 19 .

A.B., Returning Officer for the Electoral District.

I, Returning Oficer for Electoral District for for the

Stale of South Australia) hereby certify that the name of L full name qf the elector as stared on the Electoral R o l l ) appears on the Electoral Roll as entitled to vote at

polling-place, situate in the said Electoral District, a t elections for the

House of Assembly. Given under my hand, this day of , 19 .

Returning Officer.

Sec. 181.

[ T o be annexed to the Certz$cate.!

1, , of , do solemnly and sincerely declare that I am the

person described as 7 of , in the annexed certificate, and

that I reside a t , e place situate within the Local Option District of

, and that I h a ~ e not previously voted at the local option poll now

being taken in the said District.

rElectorls signature.l

Declared at [polling-place] this day of , 19 , before me.

Presiding Officer.

" The Licensing Act, 1908."

The elector is entitled to record only one vote on this paper, which will be counted as recorded in favor of the resolution ~ r i n t e d	opposite to the square in
which the elector places a cross.

1. That the number of licences be reduced ........................ 0

2. That the number of licences be not increased or reduced ..........

0

3. That the Licensing Bench may in their discretion increase the number

of licences ................................................ 0

FORM

0-970

8" EDWARDI VII, No. 970.

" The Licensing Act, 1908."

I hereby declare that on the day of 19 , a poll of the

electors of the Local Option District of was taken pursuant to the above-mentioned Act, and that on taking such poll the determination arrived at was as follows :-

[ H e r e state the resolution which was ndoptad, thus-

I. That the nwnber of licences be reduced ;

or

2. That the number o f licences be not increased or reduced;

or

3. That the Licensing Bench may, iu their discretion, increase the number oJf licences,

(as the case may require).]

Dated the day of 19 .

, Returning Officer.

Sec. 198. SCHEDULE Y

NOTICE O F NON-RENEWAPL OF LICENCE.

" The Licensing Act, 1908."

To A.B.

Pursuant to the provisions of " The Licensing Act, 1908," I hereby give yau notice that, on the day of , 19 , n poll of the electors of the Local

Option District of was taken, and that the following resolution was

adopted on the taking of such poll, namely [set out ~.esolution adopted]: And I further give you notice that the licence. issued in respect of the premises situated [describe

situation or locali ty], and known as [give name or otherwise descri6e], will not

be renewed.

Dated this day of , 19 .

C.D., Clerk of the Licensing Bench for the Licensing District of

Sec. 209. SCHEDULE Z.

FORM OF ORDER FOR PAYMENT OF MOIVEY BY LlCENSING BENCH.

" The Licensing Act, 1908."

Be it remembered that on this day of , in the year of

our Lord one thousand nine hundred and 9 of

is ordered by the Licensing Bench for the Licensing District of

, under " The Licensing Act, 1908,'' to pay to

the sum of for his costs of [or as the case m a y be], or to be

committed to Adelaide [or as the case m a y be] Gaol for the space of

Chairman of the said Licensing Bench.

Adelaide : By authority, C. E. Bma~ow, Government Printer, North Terrace.

THE ELECTORAL CODE, 1908

ARRANGEMENT OF SECTIONS.

- - - -	-
SECTIOS.

CHAPTER IV.

1. Short title and commencement. I PART I.-ROLLS.

2. Repeal.

3. Application of Act. 46. Polling-place or sub-district roll. Division and

4. Chapters. distriot roll.

5. Interpretation. 47. Northern Territory rolls.

6. Constitution unaltered by Act.	#. Arrangement with Commonwealth.	49. Persons entitled to have their namer, on roll.
50. New rolls.

CHAPTER I.-INTRODUCTORY. 51. Existing rolls.

7. Constitution of Parliament.	52. Form of rolIs.
8. Legislative Council.	53. Rolls not to be questioned.
9. House of Assembly.	M. Arrangement of rolls.
10. Council districts.	55.' Printing of rolls.
11. Assembly districts.	56. Supplemental rolls.
12. Names of Assembly districts.	57. Rolls to be dated.
13. Electoral divisions of Council districts.	58. Officers to furnish information for preparation

14. Places of nomination. of rolls.

15. Council electors.	59. Police to supply information.
16. Assembly electors.	60. Copies of rolls to be sent to returning officers.
17. Disqualifications.	61. Public inspection of rolls.
l8. Special disqualification in the Northern Territory.	62. Further inspection.
19. One registration.	63. Inspection of original rolls.
20. Place of voting.	64. Rolls and documents not to be invalidated.
21. Where person deemed to reside.	65. Misnomer or inaccurate description not to vitiata

22. One vote only.	roll.
23. Elections.

PART 11.-CLAIMS, TRANSFEBS, CHANGES, AND

ALTERATIONS OR ROLLS.

CHAPTER 11.-ADMINISTRATION. 66. Addition of names.

24. Returning Officer for the State.	67. Council claim ana declaration.
25. Deputy Returning Officer for the State.	68. Assembly claim.
26. Temporary appointments in case of incapacity.	69. Evidence in support of claim.

27. Returning officers.	70. Registration.
28. Assistant returning officers.	71. Application to transfer to another division or

29. Deputy returning officers for Council districts. district roll.

30. Declaration to be made by officers before acting.	72. Registration of transfer.
31. Returning officer or assistant not to resign	73. Change to another polling-place or sub-district

pending return of writ. roll.

32. Notice of appointments.	74. Receipta for claims and applications.
33. Temporary assistants.	75. Alteration of rolls.
.34. Temporary appointments in case of incapacity	76. Returning officer to make inquiries as to claim

of officer. or application.

35. Disqualification for office. 77. Time for altering rolls.

.W. Continuation of present officers. 78. Alterations to be initialed.

.37. Keephg of forms by officers. 79. Lists of marriages to be forwarded by Registrar-

88. Forms to be supplied to postmast~rs	and others.	General.
39. Notice of instructiom ae to procedure.

PART 111.-REMOVAL OF NAMES FBOM ROLLS.

80. Returning Officer of the State to require proof of

CHAPTER 111.-SUB-DISTRICTS AND POLLING- right to be on roll.

PLACES. 81. Notice of striking off.

40. Sub-districts. 82. Lists of deaths to be forwarded by Registrar.

41. Polling-place in train in Northern Territory. General.

4% Polling places.

43. Opening and closing of polling-pieces.	PART	1V.-APPEALS.
44. NO alteration in polling-placm after isaue of writ,

except in case of emergency. 83. Appeal against rejection of claim, striking off,

45. Change of electore from one roll to another in or refusal to strike off.

cam of change of boundaries. 84. Time for appeal.

IICTIOX.	SECTIOX*
86. Notice of hearing.	148. Spoilt ballot-papers.
86. Returning officer may appear or send a statement.	149. Questions to persons wishing to vote.
87. Persons entitled to be heard.	160. Answers.
88. Court to determine.	161. Answer conclusive.
89. Retudng'officer to give effect to order.	162. Errors not to forfeit votct.
90. Court t o have powers of summary jurisdiction.	153. Adjournment of polling on account of riot.
91. How notices may be sent.	154. Adjournment in other cases.
166. If poll adjourned presiding officer to lock and

seal outer lid of ballot-box.

CHAPTER V.-ELECTIONS.

156. Voting ab adjourned polling.

157. Presiding officer to forward to returning officer

PART I.--THE WRITS. signed list of voters immediately after close

92. Issue of writs.	of poll.
93. Dates to be fixed by writ.

94. Polling day. PABT V.-THE SCRUTINY.

95. Date of nomination.	158. Scrutiny.
96. Date of polling.	159. General provisions as to scrutiny.
97. Iesue and return of writs.	160. Scrutiny of votes in Council elections.
98. Nominations.	161. Re-scrutiny a t Council elections.
99. Writs, how directed.	162. Scrutiny of votes in Assembly elections.
100. Duty of returning officer on receipt of writ.	163. Re-scrutiny a t Assembly elections.
164. Custody of ballot-papers after scrutiny.
101. Nominations.
102. Disqualification of Federal members for State	165. Return of writ..

Parlianient. 166. Returns to be sent to Returning Officer for the

103. Mode of nomination.	State.
104. Requisites for nomination.

106. Time and place for nominations.	PART	VI1.----GENERAL.
106. Proceedings on nomination day.

107. Returning officer to notify Returning Officer for 167. Correction of errors.

State names of candidates nominated. 168. Extension of time.

108. I n case of death before poll or on pollin day.

109. When poll interrupted by death, b ot-papem J CHAPTER V1.-ELECTORAL EXPENDITURE.

destroyed. 169. Electoral expenses.

110. Failure of election.

170. Rates of expenditure.

171. Expenses allowed.

172. Money provided to be paid to candidate.

11 1. Abeent votem and authorised witnesses.

173. Vouchers.

112. Form of declaration and ballot-paper.

174. Returns.

113. Directions for absent voting.

176. Petition to Court of Disputed Returns on failure

114. Ballot-paper to be received before close of poll. to file return.

116. Duty of authorised witness.	176. Publication and inspection of returns.
116. Evidence of voter's signature.	177. Candidate to prove that he has not incurred

117. Evidence of date of voting. illegal expense.

118. Absent voters' papers to be placed in ballot-box.

178. Electoral expenses not recoverable.

119. Conduct of scrutiny.

120. Invalidity of declaration.

CHAPTER VIL-OFFENCES AND PENALTIES.

121. Rejected papers to be preserved.

122. Returning officer to decide.

179. Offences and penalties.

123. Mistakes.

180. Breach or neglect by officers.

181. Bribery.

PART 1V.-THE POLLING. 182. Definition of " bribery."

124. Polling.	183. Undue influence.
125. Duties of returning officer.	184. Definition of " undue influence."
126. Lists of voters.	186. Exception.
127. Presiding officer.	186. Illegd practice.

128. Presiding officer may appoint substitute in 187. Punishment.

emergency. 188. Disqualification of candidate.

129. No licensed premises to be used.	189. Electoral offences, Table of, and penalties.
130. Certain tuildings to be used free.	190. Witness to claim or application must satisfy him-

131; Separate compartments. self of truth of statements.

132. Ballot-boxes.	191. Failure to tranemit claim or application.
133. Ballot-papers to be printed by Returning Officer	192. Penalty for officer's neglect to furnish information.

for the State and forwarded to returning 193. Penalty for not supplying officer with information.

officers. Ballot-papers. 194. Employers to allow employ6s leave of absence to

vote.

134. t

136. Ballot-papers initialed. 195. Expenditure on behalf of a candidate without

136. Scrutineers. authority.

137. Number of scrutineers. 196. Contravention of the Act.

8. Appointment, how made.	197. Offenders may be removed from polling-booth.
,Q. Persons present a t polling.	198. Liabilitv for indirect acts.
0. The polling.

' 199. ~t t em&s.

1. At what polling-place elector may vote. 200. Cross-examination of witnesses. Hostile wit-

2. Mode of voting. nesses.

3. Ballot-paper to be handed to elector.	201. Certificate of returning officer evidence.
i4. Mode of voting.	202. Hard labor may be awarded.
16. Voters to be alone in compartment.	203. Indictable offences

16. Ballot-papers not to be taken out of polling-booth. 204. Other offences tried summarily.

L?. Assistanre to voters. 205. Appeals. Special case.

SECTION SCUEDULE.

CHAPTER V1II.-DISPUTED RETURNS. SCHEDULES.

206. The Court of Disputed Returns.	Firs tEnactments repealed.
207. Constitution of court.	Second-Districts, numbers of members, places of'
208. Election of members of court.

209. Vacancy. nomination.

210. Failure to elect. Third-Legislative Council roll.

211. R e c o d of court.

212. Meeting of court.	Fourth-House of Assembly roll.
213. President of court.	Fifth-Legislative Council eleotoral claim and dec1art-b

214. Declaration by member.	tion.
215. Jurisdiction.

216. Powers of court.	Sixth-House of Assembly electoral claim.
217. Return only to be disputed by petition.	Seventh-Notice of rejection of claim.
218. Petitions, Requisites of.	Eighth-Application for transfer, change, alteration,.
219. Time for referring petition to court.

220. Inquiries by court. or correction.

221. Avoiding election for illegal practices.	Ninth-Receipt for electoral paper.
222. Court to report cases of illegal practices.	Tenth-Objection to a person's name being retained!

223. Substantial merits to be obeerved. on an electoral roll.

224. Immaterial errore not to vitiate election.	Eleventh-Notice	of objection to person objected to.
226. Limitation of sitting days.
226. Decision6 to be final.	Twelfth-Notice	of striking name off roll.
227. Minutes.

228. Deposit applicable for costs.	Thirteent,h--Notice of determination of objection.
Fourteenth-Notice of application to the Local Court,
229. Other costs.
230. Effect of decision.	Fifteenth-Form of writ.
231. Power for Judges to make Rulea of Court.	Sixteenth-Legislative Council nomination-paper.

laid before Parliament.

Seventeenth-House of Assembly nomination-paper.

CHAPTER 1X.-SUPPLEMENTARY. Eighteenth-Absent voter's declaration and ballot-

232. Electoral matter may be telegraphed. paper.

233. Power to amend schedules to Actr	Nineteenth-Ballot-paper.
234. No stamp duty on any declaration.	Twentieth-Declaration to be made by a voter befors
236. All moneys to be paid to Treasurer.

236. Scale of fees.	voting a t any polling-place other than that for
237. Mode of giving notices.	which he ia registered or outaide his sub-district.

238. Voting machines.	Twenty-firstForm of return of electoral expenses
239. Regulations. Disapproval by Parliament.	Twenty-second-Fees to be paid to officers.