Wines, Beer, and Spirit Sale Act 1872 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO SEXTO

VICTORDE REGI \ 1E.

* ****************************** *

No. V.

AN ACT to Consolidate and Amend the Laws relating to the Licensing of Public Houses, and the Sale of Fermented and Spirituous Liquors.

[Assented to, 30th August, 1872.]

HEREAS it is expedient to consolid*te and amend the Laws.

WFermented and. Spirituous Liquors : Be it therefore enacted by Hisrelating to the Licensing of Public Houses and the sale of

Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

1 THIS Act may be cited for all purposes as " The Wines, Title and arrangement of

Beer, and Spirit Sale Act, 1872 ;" and shall conic into operation Act. on and after the first day of November, 1872; And the Sections thereof are arranged inparts' as follows :—

PAnT L—Various Licenses and fees payable thereon :

36° VICTOREE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

PART IL—Conditions of obtaining Licenses: s.s. 16 to 19.

PART III.—Hearing of, and objections to, Applications : s.s.

20 to 30.

PART IV.—Rehearing of Applications and renewal of

Licenses : s.s. 31 to 32.

PART V.—Transfer and removal of Licenses : s.s. 33 to 37.

PART VI.—Duties and liabilities of Licensees and others : s.s

38 to 78.

PART VIL—Application of fees and penalties : s.s. 79 to 80.

Repeal of certain. Ordin-	2 THE Ordinances mentioned in the first Schedule are
ances.

First Schedule.

hereby repealed, except as to any proceeding under the said Ordinances or any of them ; and all offences committed

Except as to anything com-

menced under such Ordin-

before the passing of this Act shall be prosecuted and all

ances.

licenses issued under the authority of any of the said Ordinances

shall confer the same rights as if this Act had not passed.

Interpretation. 3 THE following words, unless where the contrary appears

from the context, are used in this Act with the meaning hereby

assigned to them respectively:—

" Liquor" shall mean any wine, spirits, ale, porter, cider, perry, or other spirituous or fermented liquor of an intoxicating nature.

" Spirituous Liquors" shall mean any liquors exceeding in

strength thirty per centum of proof spirit.

But nothing in this Act shall apply to any person selling any spirituous or distilled perfume bond fide as perfumery, nor to any person who may sell wine, cider, or- perry in quantities not less than twenty-five gallons at any one time, the produce of grapes, apples, or pears respectively of his own growth, and not to be consumed on the premises ; nor to any apothecary, chemist, or druggist who may administer or sell any spirituous or fermented liquors for medicinal purposes; nor to any Military canteen estab- lished under the regulations of Her Majesty's service ; nor toany person or persons occupying any premises bond fide as a

club.

36° VICTORI1E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

PART I.—LICENSES AND REGISTRATIONS, AND FEES PAYABLE

THEREON.

exception of the temporary license hereinafter mentioned, be in force Licenses. 4 THE Licenses granted under this Act shall, with the The various kinds of

to the end of year for which the same shall be granted respectively

in the forms following:—

1.—A Publican's General License in the form contained in Second Schedule.

the Second Schedule.

2.—A Packet License in the form contained in the Third Third Schedule.

Schedule.

3.—A Wine and Beer License in the form contained in the Fourth Schedule.

Fourth Schedule.

4.—A Spirit Merchant's License in the form contained in Fifth Schedule.

the Fifth Schedule.

5.—A Gallon License in the form contained in the Sixth Sixth Schedule.

Schedule.

6.—A Colonial Wine License in the form contained in the Seventh Schedule.

Seventh Schedule.

7.—A Billiard Table License in the form contained in the Eighth Schedule.

Eighth Schedule.

8.—A Temporary License in the form contained in the Ninth Ninth Schedule.

Schedule.

9.—An Eating Boarding and Lodging House License in the Tenth Schedule.

form contained in the Tenth Schedule.

10.—A Wayside House License in the form contained in the Eleventh Schedule.

Eleventh Schedule.

to sell and dispose of any liquor in any quantity on the premises License. 5 A PUBLICAN'S General License shall authorise the licensee Effect of Publican's General

therein specified.

vessel therein mentioned, being a vessel by which passengers shall 6 A PACKET License shall authorise the master of the Effect of Packet License.

be conveyed from any place within the said Colony or its dependencies to any other place within or without the said Colony and exercising such license on her passage between any such places, to sell and dispose of liquor to any passenger on board of such vessel. Provided that no License shall be necessary to authorise the granting of allowances of liquor to the crew of such packet or vessel.

360 VICTORI2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Effect of Wine and. Beer 7 A WINE and Beer License shall authorise the licensee ti

License• sell and dispose of any wine or beer the produce of the Colony h

any quantity on the premises therein specified.

Effect of Spirit Merchant's 8 A SPIRIT Merchant's License shall authorise the license(

License.

to sell and dispose of any imported spirituous liquors or wine

quantities not less than two gallons, or any other imported fermentec

liquors in quantities not less than eight gallons. Provided that m

such license shall authorise the sale of any such liquors except

the casks or cases in which such liquor was imported.

Effect of a Gallon License. 9 A GALLON License shall authorise the licensee to sell am

dispose of any liquor in quantities not less than one gallon, not to b( drunk on the premises in which such liquor is sold: Provided tha such liquor shall consist of but one description of liquor and la( delivered and shall be taken away from the premises at one and tin same time, and not by instalments, at the time of sale.

Effect of Colonial wine 10 A COLONIAL Wine License shall authorise the license(

License. to sell and dispose of any wine, cider, or perry, the produce o

fruit grown in the Colony, in quantities not less than- one pint and not to be drunk on the premises. For the purposes of thi Section, the word " premises " shall mean not only the licenser house but the appurtenances thereof, over which the licensee ma; reasonably be expected to exercise due superviSion; provided tha nothing herein shall prevent such licensee from supplying liquor fo: the use of members of his household or servants residing or his premises. Provided, that if any such wine cider or perry shat contain more than twenty-five per centum of proof spirit, r shall be deemed to be for all purposes of the law " spirituom liquors ;" And all liquor sold or offered for sale by any person licensed or not licensed under this Act- as being wine, cider, m perry produced in the Colony or sold or offered for sale b3 any other name by which such liquors are usually designated . m known shall, as against such person so selling or offering , for sale be deemed to be wine, cider, or perry within the meaning of thy Act.

Effect of a Billiard. Table	11 A BILLIARD Table License shall authorise the holden thereof to keep and maintain a billiard table or a bagatelle table m both in his licensed house. Provided that the holder . of a publican" general license shall be entitled to keep and maintain such billiarc table or bagatelle table in his licensed house without paying an: fee beyond that paid for such license.
License.

36° VICTORLE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

also the holder of a publican's general license, or the holder of a wine License. 12 A TEMPORARY License shall authorise the licensee, being Effect of a Temporary

and beer license, or the holder of a wayside house license to sell and dispose of liquor at any fair, military encampment, races, regatta, rowing match, cricket ground, or other place of public amusement, during the continuance of such public amusement.

13 AN Eating, Boarding, or Lodging House Keeper's License Effect of an Eating, Board- octug House

shall not authorise the Licensee to sell . or dispose of any liquor to any I{tpe7s

boarder or lodger in his licensed house, but i.t shall authorise him to

cause such boarders and lodgers to be supplied from any house

licensed for the sale of fermented or spirituous liquors with any

liquor to be consumed in the house and upon the premises ; And

for the purposes of this Act any person taking any meal in such

house shall be considered a boarder or lodger.

to sell and dispose of any liquor in any quantity on the premises License. 14 A WAYSIDE House License shall authorize the Licensee Effect of a Wayside House

therein specified : , Provided that no license for a wayside house shall be granted for any house or premises situated within a distance of ten miles from any Townsite, houses licensed at the date of the coming into operation of this Act alone excepted : Provided further that notwithstanding anything herein contained the majority of Licensing Justices assembled at any quarterly licensing meeting may issue certificates for wayside houses in or near any Townsite in which the population does not exceed fifty persons. Provided, also, that it shall be competent for the Licensing Justices to insert a Clause in any Wayside License prohibiting any liquors from being taken off the premises, excepting liquors sold to bona fide travellers.

15 THE annual fees which shall be paid for such annual Fees payable for different

licenses and for such temporary license shall be as follow:— Licenses.

1.     For a Publican's General License, Fifty pounds in Perth

and Fremantle, and Forty pounds elsewhere.

2.     For a Packet License, Ten pounds.

3.     For a Wine and Beer License, Five pounds.

4.     For a Spirit Merchant's License, Five pounds.

5.     For a Gallon License, Ten pounds.

6.     For a Colonial Wine License, Two pounds.

7.     For a Billiard Table License, Ten pounds.

8.     For a Temporary License, One pound,

9.     For an Eating, Boarding, or Lodging House License,

One pound.

10.     For a Wayside House License, Ten pounds.

360 VICTORLE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Provided that if the certificate for such annual -licenses respectively be granted after the 31st day of March, the licensee shall pay only three-fourths of such annual fee; and if granted after the 30th day of June, one-half of such fees; and if after the 30th lay of September, only one-fourth of such fee.

PART II.—CONDITIONS OF OBTAINING LICENSES.

Mode of applying for	16 'EVERY person who shall desire to obtain a license under this Act, not being a temporary license; shall fourteen days at least before applying for a certificate authorising -the granting of such license, deliver in to the clerk of the Resident Magistrate or Police Magistrate of the District wherein the premises for which such license is applied for are situate, and shall affix on the outer side or front of the principal entrance door of the said premises, there to be kept until the day upon which the licensing meeting shall be holden, notice in writing signed by such applicant setting forth the applicant's name, abode, condition, and such desire, at least fourteen days before he shall so apply, and shall publish a copy of such notice in a newspaper circulated in the place wherein the premises are situate at least seven days before he shall so apply; and the notice of application shall be in such one of the forms in the
Licenses.
Twelfth Schedule.	Twelfth Schedule as shall be applicable; and the applicant shall deliver such notice in triplicate to such clerk, and the said clerk immediately after the receipt of such notices shall post one of such notices inside and another of such notices outside on some con- spicuous part of the Court House, office, or building in which the licensing meeting shall be held.

Disqualifications. 17 NO license shall be granted or transferred as hereinafter

mentioned to any person holding office or employment under the Government, nor to any constable nor his deputy or bailiff, nor to any licensed auctioneer with authority to sell by auction on the premises for which any license may be granted under this Act, nor to any person serving under a sentence for any criminal offence whether such sentence be partially remitted or not, nor shall any License, in pursuance of this Act, be granted for any premises or packet of which, respectively, a constable is the owner, landlord, or proprietor, or wherein such constable has any partnership or share; nor shall any publican's general license or wine and beer license be granted or transferred to any person of the' female sex not being the widow of a publican dying during the. currency of his license, or a female already so licensed at the passing of this Act.

36° VICTOR12E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

18 EVERY house for which a publican's general license shall Every licensed house to

be granted, and every house for which a wine and beer license shall paa ot sisoen ss feoerrtatinal

v leet'm

be granted, and every house for which a wayside house license shall guests•

be granted, as to which the Justices shall declare in the certificate

authorising the license that the same is to be liable to the conditions

applicable to an inn or place of resort for travellers, shall at the time

of granting such license contain at least two sitting-rooms and two

sleeping-rooms actually ready and fit for public accommodation,

independent of the apartments occupied by the family of the

publican, and shall also be provided with a place of accommodation

in or near the premises for the use of the customers thereof, in order

to prevent nuisances or offences against public decency; and shall

also be provided with stabling sufficient for the accommodation of

six horses at the least, and with a stockyard for the accommodation

of twelve bollocks at the least, and with a sufficient supply of hay,

oats, barley, or other wholesome and usual provender and water for

the horses and bullocks of travellers and others ; and such oats and

barley shall be sold at a price not exceeding sixpence for each

imperial quart; and in case any such licensed house as aforesaid

shall cease to be so provided as hereinbefore required, it shall

be lawful for any two or more Justices of the Peace, upon proof

thereof to their satisfaction, to declare the license of such house to

be suspended until such house shall be duly so provided to the

satisfaction of the suspending Justices ; but in case on the granting

of a certificate for a license by such Justices as aforesaid it

shall appear to them expedient to grant such certificate upon any

other conditions with reference to the extent of accommodation to be

afforded to the public in the aforesaid or any other respects, it shall

be lawful for the said Justices to insert such conditions in the

certificate for such license; and in every case such conditions shall, as

regards such person, be taken to be the conditions imposed and

binding upon him, under the present Section of this Act.

19 IF any vessel in respect of which an application for a	Ap	lication f	Ps k
p

certificate for a packet license shall be applied for shall ply to or from Licenses for vessels	els plying	t
the

the port or town of Fremantle, such application shall be made to the to or from Fremantle.

licensing Magistrates for the town of Fremantle ; and in all other places to the licensing Magistrates nearest to the place or port to which such vessel belongs.

PART III.—HEARING OF AND OBJECTIONS TO APPLICATIONS.

20 EVERY hearing of an application for a license and every Applications for 7anting

application for the transfer or forfeiture of such license shall be transfer, forfeiting

itnogb e ajudicial -

eeeding.

36° VICTORI2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

deemed to be a judicial proceeding and shall be open to the public, and every applicant shall attend personally at such hearing unless hindered by sickness or infirmity; and the licensing Magistrates shall hear and determine such applications or objections thereto, and shall and may summon and examine on oath such witnesses as they may think necessary and as near as may be in the manner directed by any Act now or hereafter to be in force relating to the -duties of Justices in summary convictions and orders, and shall grant to such persons as may be approved of by such Magistrates certificates in the

Seventeenth Schedule. form in the Seventeenth Schedule authorising the granting of such license as herein mentioned: Provided that every application for a license under this Act and every application for the transfer . or forfeiture of a license shall be heard and determined by the licensing Magistrates for the district as hereinafter provided.

Licensing Magistrates. 21 THE licensing Magistrates for a licensing district shall be

the Resident Magistrate or Police Magistrate and the Justices of the Peace resident within such licensing district, and all applications for the granting renewing transfer or forfeiture of such licenses shall be heard before such licensing Magistrates, and on such hearing if there be a difference of opinion among them the license may be granted renewed transferred or declared forfeited as the case may be by a majority of such licensing Magistrates: Provided that no certificate shall be granted or license renewed transferred or declared forfeited unless three Justices of the Peace shall be present, of whom the Resident Magistrate or Police Magistrate or person acting as such in the licensing district shall be one.

"What Justices disqualified 22 NO Justice of the Peace, bein g a brewer, spirit merchant,

to Act. maltstet, or importer of or dealer in wine or any malt or spirituous liquors, or concerned in any partnership with any brewer, maltster, or dealer in wines, or being the landlord, owner, or part owner of any house licensed. or about to be licensed, or being directly or indirectly interested in such house, shall sit at or act in any meeting of Justices during the consideration of any application for a certificate for a license, or for the transfer thereof, under any provisions hereinafter contained, or during the consideration of anything relating thereto, or shall convict or join in any conviction or in the consideration or determination of any appeal under this Act; and every Justice who shall knowingly offend in the premises, shall, for every such offence, forfeit and pay a penalty or sum of One hundred pounds, to be recovered by action of debt at the suit of the Attorney General for the time being of the said Colony, in the

36° VICTORIA, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Supreme Court of the said Colony: Provided that nothing herein shall disqualify any Justice or other person by reason of his making wine from grapes of his own growth or selling such wine.

23 IT shall be the right and privilege of any ratepayer in the Objections to licenses.

district in which the premises proposed to be licensed are, or of any other applicant for a license, or of any person already licensed in the district, or of any member of the police force in charge of the district or place in which the proposed licensed premises are situated, or the owner or lessor thereof, to object at any licensing meeting or adjournment thereof to the granting renewal removal transfer or transmission of a license, and- the objections that may be taken at the time of hearing of sixth application may be one or more of the following: That the applicant is of bad fame and character or of drunken habits, or has within six months previously been deprived of a license, or that the premises in question have not the accom- modation required by the seventeenth and eighteenth Sections of this Act, or reasonable accommodation if the said premises be not subject to the said statutory requirements, or that the licensing thereof is not required in the neighbourhood, or that the premises are in the immediate vicinity of a place of public worship hospital or school or that the quiet of the place in which such premises are situate will be disturbed if a license be granted, or any other objection (whether or not of the same kind as any of the preceding objections) which appears to the licensing Magistrates to be sufficient: Provided that it shall not be necessary to give to the applicant any previous notice of objections to the granting of a license; but the applicant may if he think fit, on objections being raised thereto at the hearing of which previous notice has not been- given to the applicant three days before the hearing of such application, apply for an adjournment thereof.

24 IT shall be lawful for the Council of any city or town, or

the board of any road district, to authorise any person on behalf of bo

Objection by corporate

such council or board to object on behalf of the ratepayers of the same to the granting of any application for a license on the ground that there are already a sufficient number of licensed premises within the boundaries of such city town or road district, or in the part thereof in which the license for the said house is sought ; or on any ground of objection mentioned in or authorised by the preceding Section ; and the licensing Magistrates, or such majority of them as aforesaid, shall at the licensing meeting entertain any petition or memorial from the ratepayers of the said district, on proof of the authenticity of the signatures thereto, and if it shall

36° VICTOREE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

appear to such licensing Magistrates that a majority of the ratepayers in the neighbourhood of the house proposed to be licensed object to the granting of such application, such licensing Magistrates shall refuse to grant such application ; and the licensing Magistrates or the majority of them as hereinbefore mentioned shall in each case at their discretion determine what is to be deemed the neighbour- hood for the purpose of this Section.

Licensing meetings to be 25 EVERY application for a license shall be made to the

appointed. licensing Magistrates for the district wherein the premises are situated, and such licensing Magistrates shall on the first Monday in the months of September, December, March, and June, in each year, hold one licensing meeting in the said district. And such licensing meeting shall be held during the said months and not oftener, and. shall be called quarterly licensing meetings: Provided that if any applicant for a license shall as hereinbefore mentioned require an adjournment upon such terms as to costs or otherwise as the Magistrates may think proper, such meeting may be (at the discretion of the licensing Magistrates) adjourned for any period not exceeding one month, or to the nearest or next licensing meeting.

Provision for granting cer- 26 CERTIFICATES for temporary licenses may be granted by

tain licenses at any time.

a Resident Magistrate or a Police Magistrate at any holding of a Court of Petty Sessions as well as at any licensing meeting as afore-

Decision of licensing Magis-

trate to be final.

said, and the judgment of such Resident Magistrate or Police

Magistrate shall be final to all intents and purposes.

Costs of am cation. 27 IF the licensing Magistrates or such majority as aforesaid

shall refuse to grant any application they may order payment of a sum to meet the reasonable costs and expenses of the person who shall have objected successfully to the granting of such application to be paid to such person by the unsuccessful applicant: Provided also that if the opposition to such application shall appear vexatious or malicious, such licensing Magistrates may order payment of a sum to meet the reasonable costs and expenses of the successful applicant to such successful applicant by the person so unsuccessfully opposing the application ; and every such order and every other order for the payment of costs and expenses under this Act may be

enforced in like manner as any order of Justices may be enforced

under any Act now or hereafter to be in force relating to Justices.

Certificate to issue to 28 IF the licensing Magistrates or such majority as aforesaid.

licensees and lists to be shall grant the application, the Resident Magistrate or Police

36° VICTORIIE, No. 5.

The TVines, Beer, and Spirit Sale Act, 1872.

Magistrate shall forthwith transmit to the Collector of Internal transmitted by Resident or

Revenue for the time being or to such other person or persons as Police Magistrate.

may be appointed by the Governor for the purpose of issuing licenses under this Act, a list signed by himself, specifying the names and residences of all persons to whom any such certificates shall have been so granted, and the nature of the license authorised by each certificate ; and specifying further with regard to all publican's general licenses, wine and beer licenses, and wayside house licenses, the situation and sign or name of each house, and if not in a town its distance from the nearest licensed house in each line of road, and the name of the owner or proprietor, and also whether before licensed or not.

29 EVERY certificate shall be void, unless the sum to be

paid for every such license be paid as herein required to such Certificate . to he void for	nonpayment of license fee.
Collector of Internal Revenue, or to such other person as aforesaid, within fourteen days.after the granting of such certificate. And the Collector of Internal Revenue or such other person as aforesaid shall forthwith after the receipt of every such certificate and payment, issue such license as is authorised by every such certificate.

30 WHENEVER at any Quarterly Licensing Meeting to be Resident oieei2sItaigtitsetr fly aocit•

holden for any town or district as aforesaid, or any adjourned

Meeting thereof, three Justices qualified to form a licensing meeting if no others attend.

for proceeding under this Act shall not be present by one o'clock of that day at the Court House or other place appointed for the meeting, it shall be lawful for the Resident Magistrate or Police Magistrate of such town or district, being present, to grant any certifi- cate or certificates for a license or licenses under this Act.

PART Dr.—REHEARING OF APPLICATIONS AND RENEWALS OF

LICENSES.

31 IF such licensing Magistrates shall at any quarterly

licensing meeting have refused any application under this Act, such	Application
Applic may be

application may, save as hereinafter provided, be renewed at a „owed.

quarterly licensing meeting (held not less than six months after such

refusal) for the district or place in which the premises in respect of

which such license is sought are situate, and the provisions

hereinbefore contained as to the giving of notices, the hearing of

applications and objections, and the ordering of costs to be paid,

shall apply to the proceedings at such meeting and to such renewed

application, but if the application shall have been refused on the

36° VICTORLE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

ground that the majority of persons being ratepayers in the neighbourhood of the house proposed to be licensed object thereto, the application shall not be renewed until twelve months after such refusal. -

32 EVERY licensee shall be entitled, subject to the proviso

Renewal of License ono- r

duction thereof and43,._ hereafter mentioned, to demand and obtain from the licensing meat of annual fee. Magistrates a certificate authorising the renewal of his license on

producing such license and upon payment to the proper officer of the annual fee due in respect of such license, provided such license has not been allowed to expire or has not become void from any cause whatever : Provided also that the licensing Magistrates, or the majority of them as aforesaid, may refuse to grant such certificate of renewal for such license or for his licensed house if it shall be proved to the satisfaction of such Magistrates that such license is liable to be forfeited under any of the provisions of this Act.

PART V.—TRANSFER AND REMOVAL OF LICENSES.

Transfer of licenses. 33 ANY Resident Magistrate or Police Magistrate for the

district may, on application in writing by the proposed transferor and transferee, at any time transfer the license of any licensee, other than a temporary license, to the appointee of such licensee if approved of by him, by an endorsement upon the license in the form

Thirteenth Schedule.

in the Thirteenth Schedule, for which a fee of Two pounds shall be paid; and thereupon such appointee shall, until the next quarterly licensing meeting, possess all the rights of such original licensee, and shall be subject and liable to the same duties obligations and penalties as if such license had been originally granted to him: Provided that such appointee shall at the next quarterly licensing meeting apply for an original license ; and the provisions hereinbefore con- tained as to the giving of notices, the hearing of applications for licenses and objections thereto, and the ordering of costs to be paid, shall apply to the proceedings at such meeting, and to such appli- cation. No such transfer of a license shall be made nor shall any application for such transfer be entertained until the expiration of three months from the time of the granting or transfer of such license.

Business may be carried on

by executors, &c., in cer- 34 IN case of the decease or insolvency of a licensee, • his

tain cases. executor or administrators or assignee may, hy an agent specially authorised in writing by any Resident Magistrate or Police Magistrate of the district or place within which the premises are

36° VICTORI2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

situated for that purpose, carry on the business of the person so licensed without any renewal or formal transfer for six months from the date of such decease or insolvency, if the license have so long to run: Provided that such agent shall be subject to the same obligations as the licensee; and in case of the decease of any such licensee, his widow, or if he shall not have left a widow any member of his family or any person on behalf of such family, may carry on the business for a period not exceeding three months from the period of his death, provided that probate of his last will and testament or letters of administration of his effects shall not be sooner granted; and every license under this Act shall confer upon the executor or administrator the same privileges, and (if such executor or administrator shall avail himself of such privileges) shall impose upon him the same duties, obligations, and liabilities as if such license had been granted to him originally.

35 IF any holder of a publican's general license, or holder of Removal of license from

a wayside house license, or holder of a wine and beer license, shall one house to another.

desire to remove his business from the house described in such license

to any other house within the same district, he shall deliver in

duplicate to the Clerk of the Resident Magistrate or Police

Magistrate of the district a notice in writing in the form in the

Fourteenth Schedule, and insert a copy thereof in a news- Fourteenth Schedule.

paper generally circulated in any such district, and also produce

the personal or written consent of the landlord; and such Clerk

shall cause one of Such notices to be posted up in the manner

hereinbefore directed as to the application for the granting of a

licenses

36 OBJECTIONS to the removal of a license from one house Objections to removals.

to another may be in the same terms, so far as the same are applicable, and subject to the same restrictions as hereinbefore set forth in reference to the unfitness of the premises for a licensed house. And also it may be objected that the house to which it is proposed to remove the license is not in the same district as that from which it is proposed to remove such license; or that the lease under which the holder of the license occupies his house contains a covenant or condition against removing the license to any other douse without the consent of the lessor, and that such consent has not been obtained, .

37 THE majority of the Justices assembled at any Quarterly Mode and effect of removal

or adjourned Licensing Meeting may transfer the license from one of license.

house to another (if approved by them) by an endorsement upon

36°. VICTORI2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 18'7'2.

Fifteenth Schedule, the license in the form in the Fifteenth Schedule, and thereupon

the holder of such license shall be authorised to sell and dispose of liquor in the house to which such license shall have been transferred, instead of his former house, as if such license had been originally granted to him for the house to which such license shall be

Resident Magistrate or so transferred ; and every transfer of a license authorised by any	Police Magistrate to reort Justices under this Act, whether as regards the person or the house to
Transfers to the Collector '
of Internal Revenue. which such license shall apply, and every forfeiture of a license, shall,

within fourteen days after such transfer or forfeiture, be reported to the Collector of Internal Revenue, or other person or persons appointed as aforesaid, by the Resident Magistrate or Police Magistrate of the town or district in which such transfer shall be made.

PART VI.—DurriEs AND LIABILITIES OF LICENSEES AND OTHERS.

Penalties on sales by nun-

wised persons. 38 IF any person shall (except as the agent or servant of a

licensed person) sell or dispose of within the Colony of Western Australia any liquor, or shall permit or suffer any liquor to be sold or disposed of by any other person within the said Colony without having first obtained in manner and form hereinbefore directed a license authorising such sale or disposal at the time and place and in the quantity and manner in which such licensee is by such license authorised to sell and dispose of such liquor, every such person shall forfeit and pay for a first offence the sum of Thirty pounds ; and for every subsequent offence the sum of Fifty pounds together with the costs of the prosecution in every case to be recovered before two or more Justices of the Peace, and every such person shall further, upon conviction of any such offence, be rendered incapable of holding any license whatever under this Act for .the period of three years from the time of such conviction : Provided that every offence shall be deemed a first offence within the meaning of this Section unless it shall have been committed subsequent to a previous conviction and within twelve months thereafter:

Prohibition of unlawful

games under certain penal- 39 IF any licensee shall suffer any person to play any unlawful

ties. game or sport within his licensed premises or the appurtenances thereto, or permit reputed prostitutes thieves drunken or disorderly persons to remain upon his premises, he shall forfeit and pay for every such offence any sum not exceeding Twenty pounds with costs: And the playing of such game or sport or the presence of reputed prosti- tutes thieves drunken or disorderly persons upon such licensed

36° VICTORI2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

premises shall be deemed prime/ facie evidence that such licensee knowingly permitted such playing and permitted such reputed persons to be present with the knowledge that they were prostitutes thieves drunken or disorderly persons: And for a second or subsequent offence shall forfeit or pay any sum not exceeding One hundred pounds. Provided that the games of tennis, rackets, fives, skittles, bowls, or quoits shall not be deemed unlawful games within the meaning Of this Section.

last preceding clauses, be convicted twice within a period of twelve repeated convictions. 40 IF any person shall, under any of the provisions of the two Forfeiture of license after

consecutive months, the Justices sitting at the Court of Petty Sessions at which such person has been convicted may, if they think fit, by an order under their hands in the form of the Sixteenth Sixteenth Schedule.

Schedule, declare such license to be forfeited ; and the same shall thereupon be void.

any of the appurtenances thereof supply any liquor to any person hi to intoxicated persons. 41 NO holder of any license shall either in his house or on penalty forsupplyingnquor

a state of intoxication, under a penalty for each such offence of any sum not less than Two pounds nor more than Five pounds. And if any such intoxicated person remain more than twelve hours on such premises, the holder of such license shall in each case be liable to the same penalty.

or a wayside house license shall and is hereby required to have his their names painted on their 42 EVERY person who shall hold a publican's general license Licensed persons to have

name at length painted in legible letters at least three inches long, premises '

ises.

with the words " Licensed to retail fermented and spirituous Liquors," and every person holding a wine and beer license shall have his name painted as aforesaid, with the words " Licensed to retail Wine, Beer, and Fermented Liquors," constantly and per- manently remaining and plainly to be seen and read on a conspicuous part of the outside of his house ; and every holder of a publican's general license, or wine and beer license, or wayside house license

shall also keep a lamp, with a sufficient light, affixed outside And to keep a Lamp burn-

over the door of his house, lighted, and to be kept burning the ing over their doors duringwhole of each and every night from sunset to sunrise, during the night.

the time of his holding such license; and any such licensed person who shall fail or neglect to comply with the regulations hereby imposed or either of them, shall forfeit and pay, for every such offence, any sum not exceeding Five pounds, upon conviction thereof before any one or more Justice or Justices of the Peace.

36° IT ICTORI2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Unlicensed Persons keeping 43 IF any person not actually holding a license shall keep up

up signs, &c., to be fined. any sign writing painting or mark on or near to his or her house or

premises which may imply or give reasonable cause to believe that such house or premises is or are licensed for the sale or barter of any such liquors as aforesaid, or that such liquors are sold or served therein, he or she shall for every such offence forfeit and pay any sum not exceeding Twenty pounds, to be recovered before any one or more Justice or Justices of the Peace.

Penalty for refusing enter- 44 IF any holder of a publican's general license, or wayside

tainment. house license, or wine and beer license, upon any line of road

in this Colony shall without reasonable cause refuse to receive a traveller as a guest into his house, or to find any such traveller victuals and lodgings, or to receive the horse or horses or other beast or beasts of burden of a traveller and to provide such horse or horses or beast or beasts as aforesaid with sufficient provender and water, whether the owner or person in charge thereof lodge in his house or not, every such licensed person shall for every such offence forfeit and pay any sum not exceeding Twenty pounds, upon conviction before any one or more Justice or Justices of the Peace.

rent, &c., of stranger's wayside house license, or a wine and beer license, shall be granted	Immunity from distress for45 EVERY house for which a publican's general License or a
property. shall be considered a common inn, and no goods or chattels whatso- ever, bond fide the property of any stranger or strangers and being in such licensed house or the appurtenances thereof, shall be subject to be distrained or seized for or in respect of any claim of rent for such licensed house or appurtenances, or in respect of any claim soever against any such house or appurtenances, or the owner or occupier thereof; and if any such goods shall be so seized or dis- trained for rent, or in any other manner contrary to the provisions of this Act it shall be lawful for any two. or more Justices of the Peace to inquire into any complaint made in respect of such distress or seizure, and to order such goods or chattels to be restored to the owner or proprietor thereof; and further, to award such costs as they may deem reasonable, and such costs to levy by distress and sale of the goods or effects of the person or persons so clistram- ing or seizing such goods or chattels as aforesaid,
No action to be maintained 46 NO person shall maintain any action for or recover in any
illegally supplied. on account of Liquors court in this Colony any debt or demand on account of any liquors

sold or disposed of in contravention of this Act, whether the same

36° VICTORLE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

be sold without a license or by exceeding the authority or violating the conditions annexed to any license in the express terms thereof or in the provisions of this Act.

47 IF the holder of any license under this Act shall take or Licensed persons to receive

receive from any person whomsoever, in payment or in pledge for payment in money only.

liquors or for any entertainment whatsoever supplied in or out of his

or her house or premises, any article of clothing or slops or any tool

or other article or thing except metallic or paper money, such

occupier or possessor of a public house so offending shall, upon

conviction before any one or more Justice or Justices of the Peace,

forfeit and pay any sum not exceeding Twenty pounds, independently

of any other punishment arising out of any other Law or Ordinance

now or hereafter to be in force in this Colony.

49 IT shall not be lawful for any person holding a publican's

general license, a wine and beer license, or a wayside house license No licensed person to em- ploy convicts in manage-

under this Act to have retain or employ or to permit or suffer to be ment of the house. retained or employed any person suffering under any sentence, whether colonial or otherwise, for a criminal offence, whether such sentence be partially remitted or not, in the care, charge, conducting, or management of the house or place in which such license shall be exercised, or the sale of any of the said liquors therein or thereout during the absence of such licensed person either on the ground of illness or from any other cause soever, under a fine or penalty not exceeding Fifty pounds, to be recovered before any one or more Justice or Justices of the Peace; and the convicting Justice or Justices may at his or their discretion cancel such license forth- with in addition to the fine aforesaid ; and if any person serving under a sentence for any criminal offence, whether such sentence be partially Punishment for convicts	remitted or not, shall be convicted before any one or more Justice selling	l iquors.
or Justices of the Peace of selling or retailing, either for himself or
herself or for any licensed or unlicensed person, any ale, beer, wine, or other spirituous or fermented liquors, contrary to the provisions in this Act contained, it shall be lawful for the said Justice or Justices before whom such offender shall be so convicted to sentence him, if a ticket-of-leave man, to be worked in irons on the roads or public works of the said Colony for any term not exceeding two years nor less than three months, over and above any fine to which he may be liable under clause thirty-eight of this Act, or to sentence her, if such offender be a female, to be confined, with or without hard labor, for a term not exceeding six calendar months in any gaol or other place appointed by the Governor for the custody of female offenders.

36° VICTORTIE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Restriction on receiving 49 ANY holder of a publican's general license, or of a wine and

houses. convicts into licensed beer license or of a wayside house license, who shall knowingly and

wilfully admit or receive any convict under sentence into his house, or any other place held or occupied therewith, except in the presence or by the written direction of some superintendent, overseer, warder, or constable, shall forfeit and pay any sum not exceeding Fifty pounds, to be recovered before any one or more Justice or Justices of the Peace: Provided that nothing herein contained shall apply to any convict holding a ticket-of-leave or other partial or temporary remission of sentence.

Penalty on licensed persons and beer license, or a wayside house license, who shall 50 ANY person holding a publican's general license, or a wine

selling liquors to convicts knowing ly

with out p ermission of sell or dispose of any liquors as aforesaid to any convict under overseer, Sm. sentence, or who shall deliver any liquors to any convict under

sentence, except in the presence and with the permission of an over- seer warder or superintendent, shall forfeit and pay any sum not exceeding Fifty pounds, to be recovered before any one or more Justice or Justices of the Peace: Provided always that nothing herein contained shall be construed to extend or apply to any convict holding a ticket-of-leave or other partial or temporary remission of sentence. •

NO License to be obtained under this Act shall authorise

Liquors not to be supplied 51

to Soldiers after Roil-call. the furnishing of any of the aforesaid spirituous or fermented liquors

to any soldier after the hours of roll-call or tattoo in the evening, that is to say, after the hour of nine o'clock from the eleventh day of October to the- fourteenth day of May inclusive, and after the hour of half-past eight o'clock from the fourteenth day of May to the eleventh day of October inclusive; and any person convicted before any one or more Justice or Justices of the Peace of having furnished any of the aforesaid spirituous or fermented liquors to any soldier after the hours aforesaid, or of harbouring any soldier after the hours aforesaid, shall forfeit and pay any sum not exceeding Ten pounds.

As to supplying Liquors to 52 IF any person whomsoever, licensed or unlicensed, shall

aboriginal Natives. sell supply or give any spirituous liquors, or mixed liquor part whereof is spirituous, in any quantity whatsoever, or fermented liquor, or mixed liquor part whereof is fermented, in any quantity which shall produce intoxication, to any aboriginal native of Western Australia for himself or for any other person, he or she shall for every such offence forfeit and pay (over and above any

36° "VICTOR' TA, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

penalty which may be incurred for the sale of such liquors without a license) a penalty of Five pounds, to be recovered before any one or more Justice or Justices of the Peace.

53 ANY person holding a publican's general license, a . wine

and beer license, or a wayside house license under this Act, who ittetrozilao	llnotwp	insi ,natives to
shall knowingly or wilfully permit any Aboriginal Natives to remain on or loiter about his licensed premises, shall on conviction thereof forfeit and pay for the first offence the sum of Two pounds, and for every subsequent offence the sum of Five pounds.

54 IT shall be lawful for any Justice of the Peace or any Justices and authorised

constable with a general authority in writing signed by two Justices	Constables to have free in- gress into licensed Houses
of the Peace, together with his assistants, to demand entrance from	at all times.
time to time into the house or the appurtenances thereof of any person holding a publican's general license, a wine and beer license, or a wayside house license under this Act, or for any constable specially authorised in any particular instance, whether verbally or in writing, by any such Justice, to demand entrance into the house or the appurtenances thereof, of any person holding a publican's general license, a wine and beer license, or a wayside house license under this Act, at any time by day or night; and if admittance be delayed for such time as shall make it appear to any such Justice or Justices that wilful delay was intended, it shall be lawful for such Justice or Justices to summon the person so offending before any two or more Justices of the district, and upon conviction before such two or more Justices, the license of the party so offending shall be forfeited, anything hereinafter contained to the contrary notwithstanding ; and no license shall again be granted for the space of three years from the date of such conviction to any person who shall be so convicted of refusing or wilfully delaying admittance: Provided always, that if such admittance be refused or wilfully delayed, it shall be lawful for such Justice or constable to break into or employ force to enter such public house or other place as aforesaid, with his assistants, to serve process, or for any other lawful purpose.

55 NO person holding a publican's general license or a wine Public Houses not to be

and beer license, or a wayside house license under tins Act, shall	iiifen . before or after certain
have or keep his house open for the sale of any liquor, nor shall any person licensed under this Act sell or retail any liquor or suffer the same to be drunk or consumed in or at such house, at any time before the hour of four o'clock in the morning nor after the hour of ten o'clock in the evening from the first day of October

36° VICTORI YE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

to the thirty-first day of March, nor before the hour of six o'clock in the morning nor after the hour of ten o'clock in the evening from the first day of April to the thirtieth day of September, both inclusive, upon any day in the week, except as hereinafter provided: and if any such licensed person shall offend against the terms of this provision, he shall, for every such offence, forfeit any . suni not exceeding Fifty pounds, to be recovered before any one or more Justice or Justices of the Peace: Provided that nothing herein contained shall be construed to prohibit the sale or delivery of such liquor at any time to persons being bond fide lodgers: Provided also, that it shall be lawful for any Resident or Police Magistrate at his discretion by

Magistrates may grant Per- special authority in writing signed by such Magistrate, to dispense

mission to keep House open with the whole or any part of the restrictions and prohibitions of alter LIours. this present provision so far as may regard any licensed house within

such district respectively, and for a time to be specified in such written authority, but which said authority it shall be lawful for the said Justices to revoke whenever they shall see fit, by causing a notice to that effect, signed by such Justices, to be served on the person to whom the said authority shall have been given.

No liquor to be sold or	56 NO person licensed under this Act shall sell or retail any holding a publican's general license, a wine and beer license, or a wayside house license shall suffer any liquor to be drunk or consumed on his premises, except by bond fide travellers or lodgers, on a Sunday, Good Friday, or Christmas Day ; and. if any such person shall offend against the terms of these provisions he shall, on conviction thereof, forfeit and pay for the first offence the sum of Fifty pounds and for any subsequent offence the sum of One hundred' pounds, in addition to the forfeiture of his license.
consumedon Sundays, Good	liquor on a Sunday, Good Friday, or Christmas Day ; and no person
Friday, or Christmas Day.

57 IF any holder of a license shall be convicted of felony

Forfeiture of license if

licensee convicted of fe- perjury or any other infamous offence, or if holding a publican's

long, Sc. general license or a wine and beer license or a wayside house

license he shall permit any person to manage superintend. or conduct the business of such house during his absence for a longer period than twenty-eight days in any one year with- out the previous consent in writing of two Justices, or shall whether present in such house or not permit any unlicensed person, to be in effect the keeper thereof, or shall allow such house to become ruinous or dilapidated, then, upon complaint thereof and proof of any of the facts aforesaid to the satisfaction of any two Justices, such Justices shall by an order under their hands in the

Sixteenth Schedule. form in the Sixteenth Schedule declare such license to be forfeited, and

36° VICTORIA, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

the same shall thereupon be void. But if such house shall have become ruinous or dilapidated by reason of fire tempest or other cause beyond the control of the licensee, the license shall not be forfeited until a reasonable time has elapsed for the reinstation of such house.

wine and beer license, or a wayside house license, shall at the' public houses. 58 EVERY holder of a publican's general ! license, or of a Inquests to be held in

request of any officer or constable of police receive into the house mentioned in such license or upon the premises occupied there- with, any dead body that may be brought to such house for the purpose of an inquest being held thereon, and for every dead body so received he shall be paid the sum of One pound out of any money which may be appropriated for such purpose. And if he shall refuse to receive such dead body for the purpose aforesaid, he shall on conviction thereof before any Justice forfeit and pay any sum not exceeding Five pounds.

think fit, order the person whose license is forfeited to pay such on forfeit of license. 59 ANY Justices declaring any license forfeited may, if they Payment of costs by licensee

costs to the person on whose complaint such forfeiture shall have been ordered; and payment of such costs may be enforced under the provisions of any law now or hereafter to be in force relating to duties of Justices upon or relating to summary convictions or orders.

society or assembly of persons declared to be illegal, or any body assemblies in licensed 60 NO holder of any license shall permit any body union Prohibition of unlawful

union society or assembly who shall require from persons on or before admission thereto any illegal oath test declaration or affirm- ation, or who shall observe on the admission of members or at any other proceeding any religious or pretended religious or other rite or ceremony not sanctioned by law, or who shall wear carry about or display on assembling any arms flags colours symbols 'decorations or emblems whatsoever, to meet or assemble on any occasion or pretence whatsoever in the house premises or other place of sale of the person so licensed ; nor shall the owner of such license display or suffer to be displayed on from or out of any part of such premises any sign flag or symbol decoration or emblem whatso- ever of any such body or society as aforesaid. And if any such holder of a license shall offend against any of the provisions in this clause contained, he shall forfeit and pay for every such offence any sum not exceeding Five pounds. Provided that nothing herein

36° VICTORLE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

shall apply to the societies, or bodies of men called Freemasons; Foresters, Ancient Druids, Odd Fellows, or to any Benefit or Friendly Society.

Penalty for employing un-	61 IF any licensed person shall employ any unlicensed person
licensed persons to retail

liquors out of their houses,	to sell or dispose of by retail as aforesaid any such liquors as afore-
or disposing of them for	said in any house, or in any cart dray or carnage, or in any vessel or
that purpose.	-boat, .or in any place whatsoever out'of the house or place in which such licensed person is authorised to sell or dispose of the same by virtue of his or her license, and notwithstanding in' such house or place if otherwise than as the servant or agent under the immediate superintendence and control of such licensed person; or if any licensed person shall sell barter or lend to any unlicensed person any such liquors with the knowledge or upon, the understanding that such liquors are to be sold or bartered by such unlicensed person contrary to the true intent and meaning of this Act, every such licensed person shall, upon conviction before any two or more Justices of the Peace, forfeit and pay for every such offence any sum not exceeding Fifty pounds.

If it be suspected that 62 UPON information on oath being made before any one or

Liquors are in any un-	more Justice or Justices of the Peace by any constable or credible
licensed House, they may
be seized ; and if after ex-	person that he or she doth verily suspect and believe that any
amination it shall so appear,	liquor has been sold or retailed by any person not holding a
they shall be forfeited.	license authorising such sale in any particular unlicensed house of other Unlicensed place, and such constable or other person shall in such. information set forth and show reasonable grounds for such belief and suspicion, then and in such case it shall be lawful for such Justice or Justices, in his or their discretion, to grant his or their warrant or warrants to any constable to enter and search any such house or other place by day or night ; and such constable may break open the doors if not opened within a reasonable time after demand, and seize all such fermented or spirituous or mixed liquors as aforesaid as he shall then and there find, and the vessel or vessels in which such liquors shall be contained, and shall and may detain the same until the owner thereof shall appear before two or more Justices to claim such liquors, and shall satisfy the said Justices how and for what purpose he became possessed of- the same, or, after being sum- moned, shall fail to appear ; and if it shall appear to the said Justices after due inquiry and examination that such liquors were in
the said house or other place for the purpose of being illegally sold or disposed of by retail, then such Justices shall adjudge the said liquors and vessel or vessels to be condemned and forfeited, and the

36° VICTORI}E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

same shall and may be sold, and the proceeds thereof, after payment of such costs as may be assessed and awarded by such Justices, shall be appropriated in like manner as fines are herein directed to be appropriated; but if otherwise, then such liquors and vessel or vessels shall be forthwith restored to the proper owner.

63 IT shall be lawful for any Justice of the Peace, constable, or Liquors hawked about to be

other peace officer, to seize and.' take away or to destroy, or cause to

seized and condemned.

be seized taken away or destroyed, all such fermented or spirituous or mixed liquors as shall be hawked about or exposed to sale in any street, road, or footpath, or in any booth, tent, stall, or shed, or in any boat or vessel, or in any other place whatever, by any person not licensed to sell the same in such place, and the vessels containing the same, and all the vessels and utensils used for drink- ing or measuring the same, and any cart, dray, or other carriage, and any horse or horses or other animal or animals employed in drawing or carrying the same, as well as any boat or vessel used in the conveyance of such liquors as aforesaid; and it shall be law- ful for any one or more Justice or Justices of the Peace, on his or their own view, or on confession of the party or by proof of such offence by the oath of one or more credible witness or witnesses, to convict any person so offending of selling such liquors without a license, and to adjudge him, her, or them liable to all the penalties imposed by this Act for such offence, and to cause such liquors, vessels, and utensils containing the same, and any cart, dray or other carriage, horse or horses, or other animal or animals, and any boat or vessel used in conveying the same, to be sold ; and the proceeds thereof, after deducting the expenses of sale, shall be appropriated in like manner as fines are herein directed to be appropriated.

64 UPON information before any Justice by any person that Lists of names of persons suspected of selling spirits,

he believes that liquor is being sold or otherwise disposed of by any	&c., without a license to be
person without a license, and upon proof to the satisfaction of such	fixed on Court House or
Justice that such person has been previously convicted of a like	Police Station.
offence, it shall be lawful for such Justice to cause to be posted
up or affixed on the Court House door, Police Station, or some
other conspicuous place in his district, a list of the name or
names of persons so suspected as aforesaid ; and it shall be lawful	Constable may search per-
thereafter for any police officer or constable to search the person	son, cart, dray, &e., and
cart dray or other carriage or boat or vessel of the person or	seize spirits, &c.
persons whose names shall appear in such list without having first obtained a search warrant, and to seize any liquor found on the person or in the cart dray or other carriage or boat or vessel, and

36° VICTORIA;, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

the cart dray or other carriage and every horse or other animal used

in drawing or carrying the same, and the boat or other vessel used

in. the conveyance thereof; and any Justice on proof of such offence by oath may convict any person so offending, and on conviction he

Spirits, he., seized may be shall pay any sum notexceeding Fifty pounds, and such Justice may

forfeited, adjudge such liquor vessels and utensils containing the same and

any cart dray or other carriage horse or other animal and any boat or vessel used in conveying the same .to be forfeited, and may direct the same to be sold and the proceeds thereof after deducting the expenses of sale to be appropriated in like manner as fines are herein directed to be appropriated.

65 IN case the holder of any wine and beer license under this

Spirituous	Liquors	found in
fo .

pogn e crenosf a A. et shall possess or ha sseioan imil el ei ft ve any spirituous liquor whatsoever, or mixed

License"

to be seized and forfeited. part of which is spirituous, in or about his house or premises or in any other house or premises in which the same shall be proved to the satisfaction of any one or inore Justice or Justices of the Peace to have been placed for the purpose of being sold or disposed of by or on behalf of the holder of such license aforesaid, or for the purpose of evading the provisions of this Act in any manner, then and in every such case all such spirituous liquors or mixed liquors as aforesaid shall be absolutely forfeited, and the same, with the vessels and utensils used for the same, shall be dealt with and disposed of as herein provided in cases of liquors hawked about or exposed to sale, for which purpose the same, if in or about the house or premises for which a wine and beer license shall be granted,•shall be seized by any constable authorised as required by this Act, with- out any warrant, wheresoever the same shall be found; and if the same shall be in or about any other house or premises, a search warrant shall be issued as hereinbefore directed in other cases of suspected unlicensed houses.

Persons selling or offering 66 IF any person shall sell or dispose of or offer for sale any

for sale adulterated Liquors fermented or spirituous liquor, or any mixed liquor part of which is to be fined.

fermented or spirituous, which shall be adulterated or mixed with any deleterious ingredient whatever, he or she shall on conviction before any two or more Justices of the Peace forfeit and pay any sum not exceeding Fifty pounds.,

Persons not producing 67 IN all proceedings whatever against any person for selling

License to be deemed null- or permitting to be sold any fermented or sphituous liquors or any tensed.

mixed liquors part of which is fermented or spirituous without a license or sufficient license, such person shall for all purposes connected with those proceedings be deemed and taken to be

36° VICTORIT, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

unlicensed, unless he or she shall at the hearing of the case produce his or her license before and exhibit the same to the sitting Justice or Justices, or shall then and there produce other proof of the same which shall be satisfactory to such Justice or Justices, and which he or they shall in his or their discretion choose to receive, of his or her being a licensed person, and of the description of the license held by him or her.

68 IN any proceeding before any Justice or Justices of the Mode of proving License.

Peace against any person alleged to be a licensed person and liable as such to any such proceeding, the production of his or her certifi- cate shall be conclusive evidence of his or her being licensed in manner therein recited: Provided nevertheless that it shall be law- ful for any such Justice or Justices (not being assembled as a court of Quarter Sessions) if he or they shall in his or their discretion see fit, to admit any other proof which shall be satisfactory to him or them of any such certificate or the contents thereof, or as to the fact of any person being licensed in manner and form alleged in any such proceeding as aforesaid: but in case any question arise relating to any such license upon appeal or otherwise before any court of Quarter Sessions under this Act, then such question shall be decided only by production of such certificate as aforesaid.

69 EVERY person holding any license under this Act shall, on Licenses to be produced on.

demand, at his or her licensed house or place wherein or whereat	demand of Justice or
such license shall be exercised, produce his or her license to any	authorized Constable.
Justice of the Peace, or any constable authorised by any Justice by any writing under his hand in that behalf: and if any such licensed person shall refuse or neglect to produce his or her license, he or she shall forfeit and pay for every such refusal or neglect the sum of Five pounds, to be recovered before any one or more Justice or Justices of the Peace.

70 WHENEVER any Justice of the Peace, or any chief or Persons drinking in an-

find any person drinking in any reputed disorderly house, or if any bonded.

other constable acting under the order of any such Justice, shall licensed Houses to be appre-

such Justice or constable without a warrant shall find any person drinking in any house, shop, storehouse, or other building, or any booth, shed, or hut, tent, stall, or place in which or where any ale; beer, wine, cider, perry, brandy, rum, or other fermented or spirituous liquors shall be sold or disposed of by retail, and the license for such sale shall not, on demand, be produced to such Justice or constable ; it shall and may be lawful for such Justice of the Peace or constable to apprehend all such persons so found

36° TICTORUE, No. 5.

Tile Wines, Beer, and Spirit Sale Act, 1872.

drinking there; and every such person so found drinking shall, upon the view of such Justice, or upon conviction before any one or more Justice or Justices of the Peace, forfeit and pay for every such offence a sum not exceeding-Five pounds, to be recovered in manner hereinafter directed, unless such person shall inform against such unlicensed person, or voluntarily become a witness against him or- her, in respect of such act of selling and retailing.

Evidence sufficient to con-	71 IN any proceedings before any one or more Justice or
vict the Owners and Persons

found drinking in disorderly

Justices of the Peace under this Act against any person or persons

Houses,

charged with unlawfully selling any such liquors as aforesaid in a reputed disorderly house, the proof -of the reputation of such house, and- of any person or persons (not being the owner or owners, or occupier or occupiers thereof) being found drinking therein, shall be deemed full and sufficient evidence to warrant such Justice or Justices in convicting the person or persons so found drinking in such house, and the proprietor or proprietors thereof.

prima facie evidenced sale. aforesaid shall be deemed and taken to be good and sufficient Delivery of Liquors to be 72 THE delivery of any such spirituous or other liquors as

prima facie evidence of money or other consideration being given for the same, so as to support a conviction, unless proof shall be made to the contrary to the satisfaction of the Justice or Justices hearing the case.

Payment of Wages where

Liquors are sold. 73 ANY master or other person (not being licensed under this

Act) employing journeymen, workmen, servants, or laborers, who shall pay or cause any payment of wages to be made to any such journeyman, workman, servant, or labourer, in or at any house in which any of the liquors as aforesaid shall be sold by retail, shall forfeit and pay for every such offence any sum not exceeding Five pounds, to be recovered before any one or more Justice or Justices of the Peace.

Justices may prohibitsupply 74 WHEN any person shall, by excessive drinking of spirituous

of Spirits, &c., to drunkards. or fermented liquors, or mixed liquor part of which is spirituous or

fermented, so misspend, lessen, or waste his or her estate, or thereby expose himself or herself, or his or her family, to want or indigent circumstances, or greatly to injure his or her health, or endanger the loss thereof, the Justices of the Peace of the town or district in which such drunkard shall reside, in Petty Sessions assembled, may; in writing under the hands of any two of such Justices, forbid all persons licensed under this Act, whether resident in such town or district or not, to sell to him or her any liquors as aforesaid for the

36° VICTORIA, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872,

space of one year; and such Justices may in like manner renew Suchprohibition renewable.

such prohibition from year to year as to all such persons as have not

in their opinion reformed within the year ; and if any such licensed

person shall after notice of such prohibition knowingly sell or

deliver to any person or persons so prohibited any liquors as afore-

said, he or she shall forfeit for every such offence any sum not

exceeding Five pounds, to be recovered before any one or more

Justice or Justices of the Peace; And every person so prohibited as

purpose of obtaining liquor shall be liable to imprisonment in the ea persons and pro-

aforesaid who shall loiter about or enter any licensed house for the Penalty for disobedience by

common gaol or lock-up for any time not exceeding seven days with

or without hard labor.

75 WHENEVER the Justices of Petty Sessions hi any town Penalty for procuring

or district shall, in execution of the foregoing provisions, have Liquors for prohibited per-

prohibited the sale of such liquors as aforesaid to any such drunkard, Sons.

if any person shall, with a knowledge of such prohibition, give, sell,

purchase, or procure for, or on behalf of, such prohibited person or

for his or her use, any such spirituous liquors, he or she shall forfeit

for every such offence any sum not exceeding Five pounds, to be

recovered before any one or more Justice or Justices of the Peace.

76 WITEREA S it is expedient to extend the powers of Justices Justices may imprison Per.

regarding drunkenness ; be it enacted, that, on conviction before sons	runyk, on a Sun-
any one or more Justice or Justices of the Peace of any person for

Good drida or Christ-

being found drunk in any licensed public house, public street, highway, or other public place whatsoever on a Sunday, Good Friday, or Christmas Day, such Justice or Justices may sentence the offender to imprisonment in any common gaol for any time not exceeding seven days, with or without hard labor.

77 IF any constable or any other Peace Officer shall refuse or Penalty for Constable

constables or peace officers by this Act, or to make an immediate

report to the Resident Magistrate or Police Magistrate of the town

or district, or other Justice of the Peace, or other superior officer to

whom he may in the usual course of his duty be required to make

such report after he shall have received information or shall other-

wise have obtained a knowledge of any proceedings in violation of

any of the provisions herein contained, such constable or other

peace officer, upon conviction before any one or more Justice or

knowingly neglect to execute any part of the duty imposed upon neglecting duty, and liable to a fine not exceeding Ten pounds, or to be imprisoned for any term not exceeding three months for every such offence.

36° VICTORIA, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Persons aggrieved may 78 ANY person who shall think himself or herself aggrieved

appeal to Supreme Court.	by any fine or penalty imposed or by any act done by any Justice or Justices of the Peace under or concerning the execution of this Law
Except in certain cases.	or Act, (unless such act shall relate to the refusal of a certificate for the granting renewal or transfer of any license under this Act, or the suspension of any license under this Act as hereinbefore
Appellant to give Notice of	mentioned), may appeal against such act at the next sitting
Appeal and Security for	of the Supreme Court: Provided that notice of such appeal be given
Costs.	by the appellant to the Justice or Justices from whose judgment or conviction such appeal shall be made within three days after such judgment or conviction, and that such appellant deposit with such Justice or Justices such sum as such Justice or Justices may, in his or their discretion, deem sufficient, not exceeding Fifty pounds, or enter into a recognizance to that amount with two sureties for the purpose of securing the costs of such appeal.

PART VII.—APPLICATION OF FEES AND PENALTIES.

79 ALL fees for licenses or transfers of licenses shall be paid

Appropriation of fees and

penalties. to the Colonial Treasurer to the use of Her Majesty her heirs and successors for the public use of the said Colony, and in support of the Government thereof. And one Lhalf of all fines and penalties and forfeitures under this Act shall be paid to such Treasurer as aforesaid, and the other half to the person who has informed against the offender.

80 THAT the sections in the Schedule of " The Shortening

Sections A. C. F. and G. of

Shortening Ordinance. Ordinance, 1853," lettered therein respectively A. C. F. and G.

shall be incorporated with and taken to form part of this Act, to all intents and purposes and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act.

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

to this Act.

FRED. A. WELD, Governor.

36° VICTORI2E, No. 5.

The Brines, Beer, and Spirit Sale Act, 1872.

SCHEDULES.

First Schedule.

Date of Ordinance Title of Ordinance or Act. Extent of Repeal.

or Act.

3 Wm. IV. No. 3.	" An Act to enable the Governor or other Officer "administering the Government of Western "Australia to grant exemptions from the "payment of License Duty to Persons keeping " Public Houses under special circumstances."	The whole.
8 Vie. No. 4.	"An Act to authorise the Keepers of Boarding "Houses to sell Spirituous and Fermented " Liquors by retail under special regulations."	The whole.
9 Vic. No. 9.	"An Ordinance for the remission of Duties on " Wines for the consumption of Regimental " Officers serving in Western Australia."	The whole.
16 Vic. No. 3.	"An Ordinance to repeal an Ordinance passed "in the 10th year of the reign of Her present "Majesty No. 9, intituled ' An Ordinance to "authorise tire sale of Wines in smaller " quantities than those hitherto appointed by " Law and to make other provisions in lieu "thereof.'"	The whole.
17 Vie. No. 9.	"An Ordinance to regulate Eating Houses and " Boarding Houses."	The whole.
20 Vic. No. 1.	"An Ordinance for consolidating and amending "the laws relating to the Licensing of Public " Houses, and for further regulating the sale "and consumption of fermented and spiritu- " ous Liquors in the Colony of Western Ass- " tralia, and also for extending the powers of " Justices with respect to drunkenness.''	The whole.
20 Vic. No. 2.	"An Ordinance to consolidate and amend the "laws relating to the sale of fermented and "spirituous liquors."	The whole.
21 Vic. No. 6.	"An Ordinance to amend The Public House " Ordinance, 1856.' "	The whole.
23 Vic. No. 9..	"An Ordinance to amend and explain the law "relating to the sale of Colonial Wine."	The whole.
27 Vic. No. 14.	"An Ordinance to facilitate the sale of Colonial " Wine."	The whole.
29 Vic. No. 2.	"An Ordinance to amend an Ordinance to "facilitate the sale of Colonial Wine."	The whole.
33 Vic. No. 9..	"An Ordinance to restrict and to regulate the "issue of Licenses under the provisions of the	The whole.

"Ordinance 20th Tic. No. 2. .

34 Vie. No. 18. "An Act to prevent the sale by unlicensed per- " sons of spirituous and fermented liquors." The whole.

36° VICTORIX, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Second Schedule.

Form of a Publican's General License.

Western Australia,

to wit.

WHEREAS LB., of , hath

deposited in this office a certificate from the major part of the Justices of the Peace assembled at the Quarterly Licensing Meeting, held at on

the day of

in the year of our Lord one thousand eight hundred and

authorising the issue to the said A.B., (under and by virtue of " The Wines,

Section 4. Beer, and Spirit Sale Act, 1872,") of the license in the said Act called a

publican's general license, for the house known (or, to be known) by the

sign of situated at , in the said Colony of Western Australia; and whereas the said. A.B. hath paid into my office the sum of pounds sterling, as the duty on such license: Now I, by virtue of the powers

vested in me by the said recited Act, do hereby license the said A.B. to

keep a common inn, alehouse, or victualling house, and to sell fermented and spirituous liquors, in any quantity, in the house in which he now

dwelleth, (or, is about to dwell), being the sign of

, situated at aforesaid, and in

the appurtenances thereto belonging, but not elsewhere; and this license shall commence upon the first day of next, and continue in force until the day of then next ensuing, both days inclusive, provided it be not forfeited in the mean time, according to the provisions of the said Act.

Given under my hand and seal at this day of

one thousand eight hundred and

N. 0. (L.s.)

Collector of Internal Revenue.

(or other Person as the case may be,)

36° VICTORLE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Third Schedule.

Form of a Packet License.

Western Australia,

to wit.

WHEREAS LB., of , being the master,

(or, owner, or, owners,) of the steam packet (or if any other kind of vessel, describe it,) conveying passengers between (name the place),

and (name the place), hath deposited in this office a

certificate from the major part of the Justices of the Peace assembled at the

Quarterly Licensing Meeting, held at

on the day of , one thousand eight

hundred and , authorising the issue to the said A.B., under and by virtue of "The Wines, Beer, and Spirit Sale Act, 1872," of the license in the said Act called a packet license, and whereas the said A.B. Section 4.

hath paid into my office the sum of pounds sterling, as the duty on such license : Now I, by virtue of the powers vested in me by the said Act, do hereby license the said A.B. to retail fermented and spirituous liquors to any passengers on board of such vessel, during the actual passage of such vessel between one such place and another; and this license shall commence upon the day of next,

and continue in force until the day of

both days inclusive, provided it be not forfeited in the meantime, according

to the provisions of the said Act.

Given under my hand and seal at this day

of , one thousand eight hundred and

N. 0. [L. s.]

Collector of Internal Revenue

(or other person, as the case may be).

36° VICTORUE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Fourth Schedule.

Form of a Wine and Beer License.

Western Australia,}

to wit.

WHEREAS A.B., of , hath deposit( in this office a Certificate from the major part of the Justices of the Pea assembled at the Quarterly Licensing Meeting, held at

the day of , in the year

our Lord one thousand eight hundred and , author

Section 4. ing (pursuant to " The Wines, Beer, and Spirit Sale Act, 1872," the issue the said A.B. of a license for the sale of wine and beer, and other ferment liquors, the produce of the Colony, in the house of the said A.B., sitm at , in the said Colony of Weste Australia ; and whereas the said A.B. bath paid into my office the sr of pounds sterling as the duty upon su license : Now I do hereby license the said A.B. to sell wine, beer, and otb fermented liquors, the produce of the Colony, in any quantity, in the hot in which he now dwelleth (or, is about to dwell), situated at

aforesaid, and in the appurtenances thereto belongir

but-not elsewhere; and this license shall commence from the

of next, and continue in force nu

the day of then nE

ensuing, both days inclusive, provided it be not forfeited in the meantin

according to the provisions of the said Act ; and provided that the said A.

shall not sell or dispose of, or permit to be sold or disposed of any spirituc

liquor, or mixed liquor part whereof is spirituous, in the said house or

appurtenances, in which case this license shall thereby and thencefo]

become and remain absolutely void.

Given under my hand and seal at , this

day of , one thousand eight hundred and

N. 0., (L. s.)

Collector of Internal Revenue

(or other person, as the case may be).

360 VICTORIZE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Fifth Schedule.

Form of a Spirit Merchant's License.

Wester, Australia, }

to wit.

WHEREAS A. 13., of , hath deposited

in my office a certificate from the major part of the Justices of the Peace assembled at the Quarterly Licensing Meeting held at on

the day of , in the year of

our Lord one thousand eight hundred and , authorising the

issue to the said A.B. of a Spirit Merchant's License for the premises of the

said A B., situated at ; and whereas the said	Sectio
A.B. bath paid into my office the sum of pounds sterling as the fee on such license ; now I do hereby license the said A.B. to sell and dispose of any imported spirituous liquors or wine in quantities not less than two gallons, or any other imported fermented liquors in quantities not less than eight gallons. This license does not authorise the licensee to sell any such liquor except in the casks or cases in which such liquor was imported. And this license shall commence upon the
day of instant (or, next), and continue in force until the 31st day of December then next ensuing, both days inclusive, provided it be not forfeited in the meantime.

Given under my hand and seal at , this

day of , one thousand eight hundred and

N. 0. (L. s.)

Collector of Internal Revenue.

(or other person, as the case may be.

Sixth Schedule.

F01711 of a Gallon License.

Western Australia, }

to wit.

a certificate from the major part of the Justices of the Peace assembled at Section 4. WHEREAS A.B., of , hath deposited in my office

the Quarterly Licensing Meeting, held at on

the , in the year of our Lord one thousand eight

day of

hundred and , authorising the issue to the said A.B., of a Gallon License for the shop (or rooms) of the said A B. situated at . And whereas the said A.B. bath paid into my office the sum of pounds sterling, as the fee on such license : Now I do hereby license the said A.B. to sell and

dispose

36° VICTORTIE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

dispose of liquor in quantities not less than one gallon, so that such liquor shall not be drunk on the premises above described, and shall consist of but one description of liquor, and be delivered and shall be taken away from the premises at one and the same time, and not by instalments, at the time of sale. And this license shall commence upon the day of instant (or, next), and continue in force until the 31st day of December then next ensuing, both days inclusive, provided it be not forfeited in the mean time.

Given under my hand and seal at this day of

one thousand eight hundred and

N, O. (rA . s.)

Collector of Internal Revenue.

(or other person, as the case may be).

Seventh Schedule.

Form of a Colonial Wine License.

Western Australia,1

to wit.

WHEREAS A.B , of hath deposited in my office

a certificate from the major part of the Justices of the Peace assembled at

section 4. the Quarterly Licensing Meeting held at

the day of , in the year of our Lord one thousand eight

hundred and , authorising the issue to the said A.B., of a Colonial Wine License for the shop (or premises) of the said AM , situated at : and whereas the said A.B. bath paid into my office the sum of pounds sterling, as the fee on such license. Now I do hereby license the said A.B. to sell any wine, cider, or perry, the produce of fruit grown in the Colony, in quantities not less than one pint, the said wine, cider, or perry, not to be consumed in the shop (or on the premises) of the said A.B., and subject to the conditions of " The Wines, Beer, and Spirit Sale Act, 1872," in that case made and provided. And this license shall commence on the day of instant (or, next) and continue in force until the thirty- first day of December then next ensuing, both days inclusive, provided it be not forfeited in the meantime.

Given under my hand and seal at this day of

one thousand eight hundred and.

N. O.,

Collector of Internal Revenue.

(or other person, as the case may be).

36° VICTORI2E, No. 5.

The 7/Vines, Beer, and Spirit Sale Act, 1872.

Eighth Schedule.

Western Australial F07221 of a Billiard Table License.

to wit.

WHEREAS A.B , of bath Section 4.

deposited in my office a certificate from the Justices of the Peace assembled

at the Quarterly Licensing Meeting held at

on

the day , in the year

of our Lord one thousand eight hundred and

, in the

said Colony of Western Australia, authorising the issue to the said A.B. of

a billiard table license for the house

situate at in the said Colony ; and whereas the

said A.13 hath paid into my office the sum of

. sterling as the fee on such license; Now I the said do hereby license the said A B. to keep set up and maintain billiard tables or bagatelle tables in the said house but not elsewhere; And this license shall commence upon the day of instant (or next) and continue in force until the 31st day of December then next ensuing, both days inclusive, provided it be not forfeited in the meantime.

Given under my hand and seal at this day

of one thousand eight hundred and

0 D. (L. s.)

Collector of Internal Revenue

(or other person, as the case may be).

Ninth Schedule.

Form of Temporary License to sell fermented and spirituous Liquors

at Public Fairs.

Western Australia,}

to wit.

BE it remembered, that on the day of , one

thousand eight hundred and , A. B. of holdinero Section 4.

a license, ( describe the nature thereof, and the house, plane, or district , for which the same is granted), and having applied to the Justices assembled. in Petty Sessions (or to me Resident or Police Magistrate as the case may be) for authority to exercise the privileges of the said license at a public fair ( or other place of amusement as the case may be), to be holden at , on the day of

Now we, being the majority of the Justices assembled at such Petty Sessions as aforesaid, (or, I) do hereby grant to the said A.B. authority to exercise the said license at the said fair, (or other place of amusement), on the said

day of , between the hours of

in the

Morning and in the evening : Provided always (here add

any conditions which the Justices may see fit to attach to the grant of the

permission applied for.

Given under our hands on the day and year aforesaid.

C D., J.P. E. F., I. P. 0. H., Rif , ,or P.2111

36° VICTORIIE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Tenth Schedule.

Form of an Rating, Boarding, or Lodging House License.

WHEREAS A B. of bath deposited in my office a certificate from the major part of the Justices of the Peace assembled at the Quarterly Licensing Meeting held at on the day of A.D.

Section 4. one thousand eight hundred and authorising. the

issue to the said A B , of the license in the said Act called (an eating, boarding, or lodging house license, as the case may be) for the house situated atin the said Colony of Western Australia; and whereas the said A.B. hath paid into my office the sum of

sterling as the duty on such license; Now I do hereby license the said A.B. to keep (an eating, boarding, or lodging house, as the case may be) open to the public, in the house situated at

aforesaid, but not elsewhere; and this license shall commence upon the

day of instant (or, next) and

continue in force until the thirty-first day of December then next ensuing,

both days inclusive; provided it be not forfeited in the meantime.

Given under my hand and seal at this day

of one thousand eight hundred and

G. D.

Collector of Internal Revenue.

(or other person, as the case may be).

Eleventh Schedule.

Form of a Wayside House License.

Western Australia, }

to wit.

WHEREAS A. B. of hath deposited in my

office a certificate from the major part of the Justices of the Peace assembled

Section 4. at the Quarterly Licensing Meeting held at on

the day of in the year of our Lord

one thousand eight hundred and authorising the issue to the said A.B., of a wayside house license for the house situated at in , : And whereas the said

A B. hath paid into my office the sum of e clls

the fee on such license: Now I do hereby license the said A sterling a

fermented and spirituous liquors in any quantity in such house. And this

license shall commence upon the day ofinstant

(or, next) and continue in force until the thirty-first day of December

next ensuing, both days inclusive, provided it be not forfeited in the

meantime.

Given under my hand and seal at this day

of one thousand eight hundred and

N. 0.

Collector of Internal Revenue.

( or other person, as the case may be).

36° VICTORIA, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Twelfth Schedule.

Form of Application for a Publican's General License, or a

Wayside House License.

To the Worshipful the Justices of the Peace acting in and for the dis-

trict of , in Western Australia.

I, A. B., (state the trade or occupation, and if married or single), now

residing at , in the town (or, district) of Section 16.

do hereby give notice that it is my intention to apply at the next Licensing Meeting to be holden for this district, for a Publican's General License, for the sale of fermented and spirituous liquors, in the house and

appurtenances thereunto belonging, situated at , (here

describe the house proposed to be licensed, specifying the situation of it, the number of sitting-rooms and bed-rooms contained in it exclusive of those required by the family, the person of whom rented, the present occupier, whether now -licensed, and, if so under what sign), and which I intend to

keep as an inn or public house.

I have held a license (if before licensed, state how many years, and what hind of license).

Given under my hand this day of , one

thousand eight hundred and

A. B.

Form of Householders' Certificate to be appended to the above.

WE, the undersigned, householders, residing within the town (or, district) of do hereby certify that the above A. B., of , is a person of good fame and reputation, and fit and proper to be licensed to keep an inn or public house, for the sale of fermented and spirituous liquors therein.

Witness our hands this day of , On e

thousand eight hundred and

One Two Three

Four Five

Twelfth Schedule continued.

Form of Notice of Application for Packet License.

To the 'Worshipful the Justices of the Peace acting in and for the dis-

trict (or, town) of in -Western Australia. Section 16.

I, A. B., being master (or commander, or, owner, or, owners) of the steam

packet (or other vessel, as the case may be) conveying passengers between

(name the place) and (name the place) do hereby

36° VICTOR' T, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

give notice, that it is my intention to apply at the next Quarterly Licensing Meeting, to be holden for the same district, for a license for the sale of fermented and spirituous liquors to the passengers on board such vessel, pursuant to "The Wines, Beer, and Spirit Sale Act, 1871," in that case made and provided.

Given under my hand this day of , one

thousand eight hundred and

A .B.

Twelfth Schedule continued.

Form of Application for a Spirit Merchant's License, a Gallon License, an Rating, Boarding, or Lodging House License, or a Billiard Table License.

To the Worshipful the Justices of the Peace acting in and for the

. District of , in Western Australia.

I, A.B., (state the trade or occupation), now residing at ,

in the town (or, district) of do herebygive notice that it is my intention to apply at the next Licensing Meeting to be

Section 16. rooms) which I now occupy (or intend to occupy) situated at

holden for this district, for a (as the case may be) license, in the shop (or,

(here describe the house proposed to be licensed, specifying the situation of it,

and whether it is now licensed).

Given under my hand this day of one

thousand eight hundred and

A. B.

Twelfth Schedule continued.

Form of Notice of Application for Wine and Beer License.

To the Worshipful the Justices of the Peace acting in and for the dis-

Section 16. trict of in Western,Australia.

I, A. B., (state the trade or occupation, and if married or single), now residing at , in the town (or, district) of

do hereby give notice that it is my intention to apply at the next Annual Licensing Meeting, to be holden for this district, for a license for the sale of wine, beer, and other fermented liquors, the produce of the Colony, in the house and appurtenances thereunto belonging, situated at

[If the applicant purposes to keep the house as an inn for the entertainment of travellers and lodgers, describe the particulars as required in Form of person of whom rented, and present occupier.]Application for a Publican's (leneral License ; if not, merely state the

I have held a license (if before licensed, state how many years and what kind of a license).

Given under my hand this day of , one

thousand eight hundred and

A .B.

36° VICTORIZE I No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Form of Householders' Certificate to be appended to the above.

WE, the undersigned, householders, residing within the town (or, district)

of , do hereby certify that the above A.B., of

is a person of good fame and reputation, and fit and proper to be licensed to sell wine, beer, and other fermented liquors, the produce of the Colony, (or, to keep an inn or public house for the sale of wine, beer, and other fermented liquors, as the case may be).

Witness our hands this day of , one

thousand eight hundred and

One Two Three

Four Five

Twelfth Schedule continued.

Form of Notice of Application for a Colonial Wine License.

To the Worshipful the Justices of the Peace, acting in and for the dis-

trict of , in the Colony of Western Australia. Section 16.

I, A. B , ( state the trade or occupation, and if married or single) now residing at , do hereby give notice, pursuant to " The Wines , Beer, and Spirit Sale Act, 1872," that it is my intention to apply at the next Licensing Meeting to be holden for this district, for the license in the said Act called a Colonial Wine License, for the sale of Colonial Wine in the house or premises which I now occupy (or, intend to occupy), situate at

(here describe the house proposed to be licensed, specifying the situation of

it, and whether now licensed.)

I have held a license (if before licensed, state how many years, f or what hind of license, and what district.)

Given under my hand this day of , one

thousand eight hundred and

A. B.

Thirteenth Schedule.

Form of Endorsement on a License of a Transfer thereof.

I the undersigned, being a Resident (or Police) Magistrate for the district of Section 33.

this

sitting at

day of do hereby transfer the rights and privileges of the within license to C. D. for the residue of the term between this day and the next Quarterly Licensing Meeting for the said district.

A. B.

36° VICTOM2E, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Fourteenth Schedule.

Form of Notice of application to remove License to other premises.

I A. B., the holder of a (state the nature of the license) license for the

Section 36.

house and premises known as (or, the rooms, as the case may be) situated

, do hereby give notice that it is my intention to

apply to the Justices sitting at the Petty Sessions to be holden at

on to remove the license to (describe the premises to which

it is proposed to remove the business).

Given under my hand this day of , one

thousand eight hundred and

A. B.

Fifteenth Schedule.

Form of Endorsement of a Removal from one House to another.

WE, the undersigned, being two of the Justices (or, the Justice) present

Section 37. at the Quarterly Licensing Meeting (or, adjourned meeting) at

on the day of

one thousand eight hundred and and the requisite notice of application for removal having been proved before us to have been duly served and published, do hereby declare that the within license shall hence- forth cease to apply to the house and premises described in the within license, and shall henceforth apply to the house and premises known

as the	and situate at
(described as in original license).

C. D. and E. F.

Sixteenth Schedule.

BE it remembered that on the day of

complaint was made before of Her Majesty's Justices of the Peace

in and for A. B. being the holder of a

Section 40. license for that (here set out the acts which have caused the forfeiture) or, proof was made to us that A. B. being the holder of a license was twice within the period of twelve consecutive months convicted under the provisions of " The Wines, Beer, and Spirit Sale. Act, 1812," that is to say, on the day of

under the section of the said Act, and on

the day of under the. section of

the said Act, and on the day of under

the section of the said Act; Now we do therefore adjudge that the

said license of the said shall be forfeited.

Given under hand and seal this day of

one thousand eight hundred and

A. B.	[1,. s.]
C. D.	[1,. S.]

36° VICTORPE, No. 5.

The Wines, Beer, and Spirit Sale Act, 1872.

Seventeenth Schedule.

Form of Certificate by Justices to authorise the Granting of a License.

Western Australia,

to wit. 1

AT the Quarterly Licensing Meeting (or, an adjournment of the Quarterly Licensing Meeting) of Her Majesty's Justices of the Peace acting Section 20.

in and for the district of holden at on the

day of , in the year of Our Lord one thousand eight hundred and , pursuant to "The Wines, Beer, and Spirit Sale Act, 1872," for the purpose of considering applications made to us for Licenses pursuant to the said Act; we, being the Majority of the Justices assembled at the said Sessions, (or, I, being the only Justice present after such adjournment of the said Sessions, and notice as required by the said Act), do in virtue of the power vested in us, (or, me), hereby authorise the Collector of Internal Revenue, (or other proper Officer), to issue to A. B. of

, the License in the said Act called

for (here state the house, sign,

district, shop, room, steam packet, vessel, or other particulars, according to

the description of license and nature of the case) for the year commencing

from the day of next; and we do hereby certify that we are satisfied the said A.B. is a person of good fame and reputation, and fit and proper to be licensed as aforesaid.

Given under our hands and seals the day of

one thousand eight hundred and	at the place
aforesaid.

G. II., J. P,	[L. s.]
I. K., J. P.,	[L. s.]

By Authority : RICHARD PETHER, Government Printer, Perth.