Wines, Beer, and Spirit Sale Act 1880 Amendment Act 1889 (WA)
53 VICTORIE. No. 8
Wines, Beer, and Spirit Sale Act, 1880—Amendment
WESTERN AUSTRALIA
ANNO QUINQTJAGESIMO TERTIO
VICTORT fE REGINE
No. 8
An Act to amend The Wines, Beer, and Spirit Sale
| Act, 1880.' | [Assented to 29th November, 1889. |
| Preamble | HEREAS it is expedient to amend ' The Wines, Beer, and Spirit Sale Act, 1880' : Be it 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 :— |
| Application for | 1. Any person desirous of obtaining a Publican's General License |
| conditional |
| certificate | for premises |
(a) Proposed to be erected ; or
(b) Not at the time completed and fit for occupation ; or
(c) Already erected but requiring additions or alterations to
make them suitable to be licensed under the principal
Act ;
may, before building or completing such new premises or making such additions or alterations, make a conditional application at any quarterly meeting of the Licensing Magistrates for a provisional certificate, and in such case shall, fourteen days at least before making such applica- tion, deliver to the Clerk mentioned in Section 16 of the principal Act a properly drawn plan showing the precise locality, the number and size and dimensions of the rooms, and all other information necessary to enable the Magistrates to form a correct estimate of the nature and style of such proposed premises.
| Notice of apps. | 2. Notice of such application shall be given and published as required by the principal Act in the case of applications for new licenses, and the like procedure shall be observed as in that case. Provided, however, that the notice required by Section 16 of the principal Act to be affixed to the principal entrance door of the premises to be licensed shall, in the case of premises proposed to be erected, be affixed to a notice board placed on a conspicuous part of the land upon which it is intended to erect such premises. |
cation to be given nearly as may be in the same manner and at the same times as are
| Hearing of | 3. At the hearing of such application, if the house and premises |
| application |
(a) Are already erected : evidence must be produced as to the fulfilment of the conditions of the principal Act as to number and size of rooms and condition of premises.
(b) Require alteration to fit them to fulfil the conditions of the principal Act : evidence must be produced of the nature and extent of such proposed alteration.
53 VICTORIZE. No. 8
Wines, Beer, and Spirit Sale Act, 1880—Amendment
(c) Are not yet commenced, or are in course of erection and not yet complete : evidence with plans and specifications must be produced to show that when finished they will fulfil the conditions of the principal Act.
| grant a provisional certificate, and may thereby impose such conch- nnim | The Magistrate, after hearing any objections that may be made, may POTRVIS | |
| tions as to the materials or construction and, subject to the principal Act, as to the arrangement of such house and premises as they may think fit, or may refuse the application. A provisional certificate shall be in the second form in the Schedule hereto, or to the like effect. | ||
| 4. On the application of the holder of the provisional certificate, on performance or of any other person, at any quarterly meeting of the Magistrates g=irN made within the time specified in such certificate, and on proof of the grantedoi) performance of such conditions, if any, as are imposed by the certifi- refusal | ||
| cate, the applicant shall be entitled to a certificate in the form in the 17th Schedule to the principal Act. But if it be made to appear to the Magistrate on such application that the applicant himself is unfit to be the holder of a license, they shall refuse his application. Any such application must be made in the same manner as provided by the principal Act in the case of applications for new licenses, and the like procedure shall be observed as in that case. | ||
|
| 6. This Act may be cited | The Wines, Beer, and Spirit Sale | Short title |
Act, 1880, Amendment Act, 1889.'
F NAPIER BROOME,
GOVERNOR.
SCHEDULE REFERRED TO
No. 1
NOTICE OF APPLICATION FOR A PROVISIONAL CERTIFICATE
To the Worshipful the Justices of the Peace acting in and for the District
| of | , in Western Australia. |
I, A.B. (state residence and occupation), hereby give notice that I intend to apply at the next Licensing Meeting to be holden for this district, for a Provisional Certificate for the premises belonging to me (or rented by me from C.D. of
), and situated at , within the said district. The said premises are now about to be erected (or, are in course of erection, or, are now being altered, or, are now nearly complete) and will when finished be in all respects in accordance with the requirements of The Wines, Beer, and Spirit Sale Act, 1880,' and the Acts amending the same.
53 VICTORI. No. S
Wines, Beer, and Spirit Sale Act, 1880—Amendment
No. 2
PROVISIONAL CERTIFICATE
| I, the undersigned, being the Chairman of the Licensing Magistrates acting in and for the District of | at the Quarterly Meeting held at |
on the day of 18 hereby certify that the house and premises of A.B., situated at and now in process of erection (or, about to be erected), in accordance with the plans and specifications exibited by the said LB. and signed by me, will be a fit and proper place for the sale of liquor, and upon application being duly made by a fit and proper person for the issue of a license in respect of the said house, within twelve months from the date hereof, such application shall be granted upon proof being given that the said house or premises have been erected (or completed) in accordance with such plans and specifications, and that the following conditions have been complied with. This certificate is granted subject to the following conditions :
(Here set out the conditions if any).
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