Wines, Beer, and Spirit Sale Act 1880 Amendment Act 1886 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESINO

VICTORIA?, REGIME

No. 26

An Act to regulate the granting of licenses under 'The Wines, Beer, and Spirit Sale Act, 1880,' in certain districts, and further to amend the said Act.

[Assented to 2nd September, 1886.

HEREAS by reason of the recent settlement of the Districts of Preamble

WDistrict, the provisions of The Wines, Beer, and Spirit Sale Act,East Kimberley, West Kimberley, and theKimberley Goldfield

1880,' as to applications for licenses, and in respect of the transfer, renewal, and removal thereof in such districts are inapplicable ; And whereas it is desirable to further amend the said Act : Be it therefore enacted by His 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 as The Wines, Beer, and Spirit Sale Short title

Act, 1880, Amendment Act, 1886,' and shall come into operation on

50 VICTORIA No. 26

The Wines, Beer, and Spirit Sale Act, 1880—Amendment

the first day of November, 1886, and is divided into parts, as

follows :—

Part I.—Special, Kimberley Districts.

Part II.—General Provisions.

Interpretation 2. In the construction of this Act, the word ' District' shall mean the Magisterial District, and the words Resident Magistrate' shall mean and include a Government Resident Magistrate, and any person lawfully acting as a Resident Magistrate or Government Resident Magistrate.

PART I.—SPECIAL, KIMBERLEY DISTRICTS

Applications for	3. All applications for licenses or in respect of the transfer,
licenses in the

Kimberley Dis-	renewal, or removal of licenses or otherwise relating thereto, required
trict may be
made to and	by The Wines, Beer, and Spirit Sale Act, 1880' (hereinafter called
heard by Resi-	the principal Act) or ' The Wines, Beer, and Spirit Sale Amendment
dent Magistrate
alone	Act, 1884,' to be made to the Licensing Magistrates of a district may, in the districts of East Kimberley and West Kimberley respectively, and in the Kimberley Goldfield District, be made to the Resident Magistrate alone ; and all the duties, powers, and authorities by the said Acts or either of them imposed upon or vested in the Licensing Magistrates or a majority of them may be performed and exercised by the Resident Magistrate alone in the said districts of East Kimberley and West Kimberley, and the Kimberley Goldfield District.
Requirements of

principal Act as 4. So much of the provisions of the principal Act as require or

to publicatton in relate to the publication of notices or any other documents in a news-

newspapers nom. paper shall, from and after the passing of this Act, cease to have any

to aly toi p p

berley Districts operation in the districts of East Kimberley and West Kimberley, and

the Kimberley Goldfield District.

Fees to be paid 5. All fees payable in respect of any licenses in the said districts

Magistrate shall be payable to the Resident Magistrate of the district where theMar Certificates for license is issued, and all licenses in either of the districts shall be licensee 'wed "ot issued by the Resident Magistrate of the district without the grant ofissue

a certificate in the first instance.

Accommodation 6. It shall be lawful for the Resident Magistrate of the said districts

requ under Act may be in- principal Act, or any or either of them, subject to the provision of the	s.	18 oirfedp	principal	i-espectively to grant the licenses mentioned in Section 18 of the
slated on
whole of the accommodation in such section mentioned, notwithstand- ing anything in the said section inconsistent with the provisions of this part of this Act.

Accommodation

required under 7. It shall be lawful for the Resident Magistrate of the Kimberley

s.18 of principal	Goldfield District, in granting the licenses mentioned in Section 18 of
Act may be dis-
pensed with in	the principal Act, or any or either of them, to dispense with the pro-
Kimberley Gold	visions of the whole or any part of the accommodation mentioned in
field District	such section, and the Resident Magistrate granting any license referred to in this section shall endorse thereon to what extent (if any) the licensee is liable to provide any such accommodation, and in any proceedings for a declaration of suspension of any such license, the accommodation so endorsed shall be deemed to be that required under the provisions of the 18th Section of the principal Act.

50 VICTORI.E. No. 20

The Wines, Beer, and Spirit Sale Act, 1880—Amendment

8. The Resident Magistrate of the East Kimberley and West Sitting ofResi- Kimberley Districts respectively, and the Kimberley Goldfield District, (=tate shall sit for the hearing of all applications under the said Acts on the neensiusrnocuns

first Monday in every month, and every such sitting shall be deemed to be a licensing meeting, and the words quarterly licensing meeting,' whenever they occur in the said Acts, shall be read monthly licensing meeting.'

9. No license in the before-mentioned districts shall issue unless No license to

the fee payable for the same be paid within fourteen days from the ',11Y,u„nr,s,17

granting of the application for the license. days

10. The operation of this part of this Act or any portion thereof in operation of this

the districts of East Kimberley or West Kimberley, or in both, may be =0";,-=,

fished in the Government Gazette,' and at the expiration of two pended	suspended at any time by proclamation by the Governor to be pub- may be sus-
months from the date of such publication, the whole of the provisions of the before-mentioned Acts then in force, except as varied by any of the provisions of this Act as may not be included in such suspension, shall apply in all respects in the districts or district to which such proclamation may apply.

PART IL—GENERAL PROVISIONS

11. The Licensing Magistrates may, in the certificate authorising the issue of either of the licenses mentioned in Section 18 of the

Licensing Magis-

trate may dis-

pense with

principal Act, dispense with the provision of stabling or stockyard or

certain accom-

both, and in such case the licensee shall not be bound to provide the

modation

accommodation so dispensed with.

12. If any licensed person shall sell, supply, or give any spirituous liquor, or mixed liquor part whereof is spirituous, in any quantity

No liquor to be sold or supplied

by a licensee to

whatsoever, or fermented liquor or any mixed liquor part whereof is

person under II

fermented, in any quantity whatsoever, to any person under the age of

years of age

fourteen-years for himself or for any other person, the licensed person so selling, supplying, or giving the same shall for every such offence forfeit and pay a penalty of Five pounds, to be recovered before any one or more Justice or Justices of the Peace in Petty Sessions.

13, The penalty mentioned in Section 50 of the principal Act Penalty in 50th

shall be and is hereby increased to Twenty pounds instead of Five Vat=

pounds. to £20

14. The prohibition of the sale of liquor by a licensed person Liquors may be

on a Sunday, Good Friday, or Christmas Day, in the 61st Section of atm t °"4 -fide

the principal Act contained, shall not extend to a sale by a person 1-sgers on Sun-

holding a publican's general license, wine and beer license, or a way- daY'G°GdPridaY'	or Ohristmo-s Day
side house license, to a bond fide traveller or lodger.
15. The 12th section of the principal Act shall be, and is hereby amended, by adding thereto the words and also at any ball, concert,	licenses may beTemporary
granted nt balls,
theatrical or other entertainment during the continuance of such	concerts, @c.
entertainment,' after the last word in the said section.
16. The 23rd section of the principal Act shall be, and is hereby amended, by adding thereto the words, Provided, nevertheless, that	Operation of 23rdsection of princi-
pal Act partially
the disqualification of a Justice by reason of his being the landlord,	restricted

50 VICTORIA No. 26

The Wines, Beer, and Spirit Sale Act, 1880—Amendment

owner, or part owner of any house licensed or about to be licensed, or by reason of his being directly or indirectly interested in such house, shall apply only when such house is situated in the district within which such meeting of Justices as aforesaid is held, or such conviction as aforesaid is made,' after the last word in the said section.

Applications

may be renewed	17. The 32nd section of the principal Act shall be, and is hereby words e at' and e quarterly,' and substituting the word any' in lieu thereof ; and also by repealing the words within brackets, in the fourth line, between the words meeting ' and for.'
at any quarterly	amended, by repealing the word in the third line, between the
meeting
Houses may be
kept open until	18. The 59th section of the principal Act shall be, and is hereby amended, by repealing the word ten,' in the sixth and ninth lines, and by substituting the word ' eleven' in lieu thereof, and also by inserting the words or travellers ' between the words lodgers' and ' Provided,' in the sixteenth line.
11 p.m.
Hotel License

may issue to un- 19. An Hotel License may be granted to any unmarried woman

married woman	above the age of twenty-one years.
read with other
This Act to be	20. This Act and The Wines, Beer, and Spirit Sale Act, 1880,' and The Wines, Beer, and Spirit Sale Amendment Act, 1884,' shall be read and construed together as one Act. Provided that where any of the provisions of this Act shall be inconsistent with any of the provisions of either of the said Acts, the provisions of this Act shall prevail.
Acts

F. NAPIER BROOME,

GOVERNOR.