Wines, Beer, and Spirit Sale act 1872 Amendment Act 1878 (WA)

WESTERN AUSTRALIA.

ANNO QUADRAGESIMO SECUNDO

VICTORIA: REGINA:.

.****M****#******MtiM******M************************

No. XII.

AN ACT to further amend " The Wines,

Beer, and Spirit Sale Act, 1872."

[Assented to, 31.:d. July, 7878.]

HEREAS it is expedient further to amend " The Wines,

by His Excellency the Governor of Western Australia and its W Beer, and Spirit Sale Act, 1872 ;" Be it therefore enacted Preamble.

Dependencies, by and with the advice and consent of the Legislative

Council thereof, as follows:—

1 THIS Act may be cited as " The Wines, Beer, and Spirit and incorpor-

Sale Act, 1 872, Amendment Act, 1878," and this Act and the said snore 78," ation 6 V., No. 5.

Act of 1872 shall be read and taken together as one Act.

42° VICTORI1E, No. 12.

Wines, Beer, and Spirit Sale Act, 1872—Amendment.

Any Licensing Justice may 2 WHENEVER any application shall be made for any license,

state an objection to the	or for the transfer of any license under the twentieth section of the
granting of any license, and
after hearing applicant	said Act of 1872, it shall be lawful for the licensing magistrates or
thereon, it shall be in the	any one of them, although no objection is made to such application
discretion of the Justices to
grant or withhold certifi-	by any person or by any corporate body pursuant to the provisions of
cate.	section twenty-three or section twenty-four of the said Act, to make any objection that may be lawfully made to the granting of such application by stating the same in open court as matter within his or their knowledge, and thereupon the applicant shall be heard by himself and his witnesses upon the matter of such objection, and may, if necessary, apply for an adjournment of the case, to afford him a better opportunity of answering such objection; and after hearing such objection and the applicant as aforesaid, it shall be in the absolute discretion of the Licensing Justices to grant or with- hold the certificate set forth in the Seventeenth Schedule of the said Act, as they may see fit.

Penalty for keeping billiard 3 ANY person not being the holder of a publican's general

or bagatelle table without	license, who shall after the 30th September next, in any house keep
license.	or maintain a billiard table or a bagatelle table 'open to the public, without being duly licensed to keep and maintain such table in such house, shall, on conviction thereof, forfeit and pay any sum not exceeding Ten pounds.
Sec. 6, 39 Y. 11, repealed.
Amendment Act, 1875," shall be and the same is hereby repealed. 4 SECTION six of "The Wines, Beer, and Spirit Sale Act, 1872,

Penaltyfor supplying liquor 5 IF any person shall, in any house licensed under this Act,

to intoxicated persons. or upon any of the appurtenances thereof, supply to any other person whilst in a state of intoxication any intoxicating liquor, the person so supplying such liquor shall forfeit and pay, for every such offence, any sum not exceeding Five pounds.

6 IF any holder of any license under this Act, or any agent,

Penalty for allowing intoxi-

P

cated persons to remain on barman, or servant acting for or on behalf of such holder, shall premises. knowingly or carelessly allow any intoxicated person to remain in

or upon his licensed house or any of the appurtenances thereof, the holder of such license shall in each case be liable to a penalty of any

Proviso. sum not exceeding Five pounds. Provided, nevertheless, *that if upon the hearing of any information or complaint against any such licensed person for a breach of this section, it shall be proved to the satisfaction of the Justice or Justices of the Peace by whom such information or complaint shall be heard or determined, that the intoxicated person whom such licensed person, his agent, barman,

42° VICTORIA, No. 12.

Wines, Beer, and Spirit Sale Act, 1872—Amendment

or servant as aforesaid, has allowed to remain in or upon his licensed

premises, was, at the time of the alleged offence, a bond fide lodger

at such licensed person's house, and that every due and proper precaution was observed by such licensed person, his agent, barman, or servant as aforesaid, to prevent . such lodger from drinking, or expending his money upon intoxicating liquor whilst in a state of intoxication, then such information or complaint shall be dismissed astgainst such licensed person.

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

this Act.

H. ST. GEORGE ORD, Governor.

By Authority : RICHARD "'ETHER, Government Printer, Perth.