1958. Licensing. No. 6293 991

No. 6293.

LICENSING ACT 1958.

An Act to consolidate the Law relating to the Licensing of Public Houses and [the Sale of

Fermented and Spirituous Liquors.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Licensing Act 1958, and fJgJ&JEj . shall come into operation on a day to be fixed by proclamation division,

of the Governor in Council published in the Government Gazette, and is divided into Parts as follows:—

Part I.—Introductory.—Licensing District and Areas ss. 2-6.

Part IT.—Licences and Fees payable thereon ss. 7-22.

Part III.—Conditions of obtaining Licences Transfers and Renewals.—Surrender of Licences and Permits ss. 23-37.

PartlV.—Conditions relating to Permits.—Liquor with Meals in Prohibited Hours.—Unlicensed premises.— Non-intoxicating Beverages..— Billiard-tables. —

992 1958. Licensing. No. 6293

Additional Bar-rooms.—Registration of Lodgers.— Police Control of Houses Used for Selling Liquor without a Licence ss. 38-48.

Part V.—The Victorian Licensing Court and Licensing Officers ss. 49-79.

Part VI .—The Annual Sittings.—Applications and Objections.—Applications for Licences Renewals and Transfers.—Certificates.—Permits and Authorities ss. 80-122.

Part VII.—Brewers' Licences ss. 123-130.

Part VIII.—Orders of Licensing Inspectors and Supervisor of Licensed Premises concerning Licensed Premises.— Rights and Duties of Owners and Licensees.—Sanitary Condition of Premises ss. 131-135.

Part IX.—Forfeiture, Revocation, and Suspension of Licences.—Disqualification of Licensed Persons and Premises.—Notices to and Appeals by Owners.— Avoidance of Refreshment Room Leases ss. 136-150.

Part X.—Duties and Liabilities of Licensed Persons and Others.—Powers of Justices and Police.—Prohibition Orders ss. 151-219.

Part XI.—Legal Proceedings.—Evidence.—Service of ., Notices ss. 220-239.

' • Part XII .—Clubs ss. 240-260.

Part... ,XIII.—The Licences Reduction Board.—Surrender.— Maximum Valuation.—Compensation ss. 261-276.

Part XIV.—Reduction of Licences.—Abolition of Licences, ss. 277-287.

• . Part XV.—Licensing Fund ss. 288-292.

Part XVI.—Miscellaneous ss. 293-301.

Part XVII.—Power to make Rules.—Fees ss. 302-303.

P A R T I . — I N T R O D U C T O R Y . — L I C E N S I N G DISTRICT AND A R E A S .

Repeal. 2 . (1 ) The Acts mentioned in the First Schedule to the schedule. extent thereby expressed to be repealed are hereby repealed

accordingly. ( 2 ) Except as in this Act expressly or by necessary

implication provided— (a) all persons things and circumstances appointed or

; created by or under any of the repealed Acts or . existing or continuing under any of such Acts

1958. Licensing. No. 6293 093

immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination decision • validation petition direction licence registration permit certificate exemption approval objection appointment poll compensation condition notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

3. (1) In this Act unless inconsistent with the context or interpretaaon. subject-matter— NSJOTS5-31

8 . 5 ( 2 ) .

" Authorized member of the police force " means a member " Authorized

of the police force who is not below the rank of senior ^u^toic^ constable or who is in charge of a police station or who has been appointed by the Chief Commissioner of Police to enforce the provisions of this Act.

" Bar-room " means any room in which liquor is kept and in •• Bar-room." which or through any opening in which liquor is directly served to customers.

' Brewer " means any maker of fermented malt liquor or any fermented liquor made from sugar or other saccharine matter and termed beer ale or porter.

' Licence " (other than billiard-table licence) means either the authority under this Act to sell and dispose of liquor or the document evidencing such authority (as the case may be).

; Licensee " means the person body corporate or firm named in the licence as being thereby licensed.

1 Licensed grocer " means a person body corporate or firm holding a grocer's licence under this Act.

' Licensed person " or " person licensed " means any person body corporate or firm holding a licence under this Act.

1 Licensed premises " means premises in respect of which a license under this Act is in force.

1 Licensed victualler" means a person body corporate or firm holding any victualler's licence under this Act.

Licensing area" or " area" means a licensing area constituted as provided by this Act.

' Brewer.'

1 Licence."

' Licensee."

" Licensed grocer."

" Licensed person."

" Licensed premises."

" Licensed victualler."

" Licensing area."

994 1958. Licensing. No. 6293

" Licensing Court."

" Liquor.•'*

" Non-Intoxicatint: beverage.''

" Owner.'1

" Person."

" Prescribed.'

" Prohibited hours."

" Spirit merchant."

References to places appointed for sittings other than annual sittings.

" Licensing Court" means the Victorian Licensing Court constituted as provided by this Act.

" Liquor " means any wine spirits ale beer porter cider perry or other spirituous or fermented liquor of an intoxicating nature.

" Non-intoxicating beverage " means any beverage other than milk tea coffee cocoa and water for human consumption which is not liquor and is not mixed with liquor and which is of a non-intoxicating nature.

" Owner " of licensed premises includes a cestui que trust and means the person for the time being entitled to receive either on his own account or as mortgagee or other incumbrancer in possession the rent of such premises, or if he is absent from Victoria means the attorney or agent of such person capable of giving a valid receipt for such rent.

" Person " includes a feme covert.'-"''

" Prescribed " means prescribed by this Act or by rules made by the Governor in Council under this Act.

" Prohibited hours " means the hours during which the sale or disposal of liquor to the public generally or (in the case of registered clubs) to members generally is not authorized.

" Spirit merchant " means any vendor of duty-paid spirituous liquors wine or fermented liquors in quantities of not less than two gallons or any person who exposes the same for sale in any shop warehouse or other premises except an auctioneer or broker selling on account of a licensed wine and spirit merchant or brewer and a licensed victualler.

(2) Any reference in this Act or in any other Act to the place appointed for any sittings of the Licensing Court, so far as it relates to sittings other than the annual sittings, shall be deemed to refer to Melbourne or, if the cause or matter in question has been adjourned pursuant to this Act, to the place to which it is so adjourned.

Licences to continue in force. No. 3717 s. 4.

4. All licences in force at the commencement of this Act and all persons and premises licensed at the commencement of this Act shall be under and subject to this Act.

Act not to apply in certain cases. No. 3717 s. 5. Sale of perfume.

5. Nothing in this Act shall apply— (a) to any person selling any spirituous or distilled

perfume bona fide as perfumery;

(«) See generally Marriage Act 1958.

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(b) to any person selling wine cider or perry in quantities saieof wine l i 4.u x. i i j. Z.' 1.1. *e. by grower.

not less than two gallons at any one time the produce of grapes apples or pears respectively of his own growing and for consumption elsewhere than on his premises;

(c) to any apothecary registered pharmaceutical chemist saieby or druggist or legally qualified medical practitioner chem,st-

administering or selling any spirituous or fermented liquors for medicinal purposes;

(d) to any person using beer brewed by him for the use of Person his own establishment; ' tohSSJ'SSL

(e) to any importer or proprietor of any liquor saieinbond. selling such liquor before the same is landed from the ship in which it is imported and before the time of entry or after it has been duly entered to be warehoused or is in any warehouse established according to law;

(/) to any person selling liquor in any refreshment room sale at at the Houses of Parliament by the permission and Horuse™ent

under the control of Parliament; Military canteens.

(g) to any military canteen established by law; (h) to any auctioneer selling liquor by auction on account saiesby

of any person authorized by law to sell liquor; or auc"oneere-(i) to the sheriff or any person authorized by the sheriff or ^?ff

b£r to any bailiff or any member of the police force police.0

selling by auction any liquor taken in execution or under any warrant of distress or forfeited;

And except section seventy-seven and provisions relating to Application the appointment of officers mentioned in such section or in Part SrewaV. VII. nothing in Parts V. VI. and IX. shall apply to or in relation to brewers and except where the contrary is expressly enacted provisions in Part X. and XI. relating to " licences " or " licensed persons " or " licensed premises " shall not apply to or in relation to brewers or the premises of brewers.

6. (1) The whole of Victoria shall constitute one single licensing district and all licensing districts heretofore existing are hereby declared to have been abolished.

(2) In order to facilitate the administration of this Act the Governor in Council may by Order published in the Government Gazette from time to time—

(a) divide or re-divide Victoria into areas (to be called licensing areas) constituted in such Order; and

(b) alter such areas.

Victoria to constitute ont licensing district. No. 5767 s . 2 ( l ) (4 ) - (6 ) . Licensing areas to facilitate adminis­tration.

996 1958. Licensing. No. 6293

Construction of references to Licensing Districts in relation to clerks of Licensing Court.

Construction of references co Licensing Districts generally.

(3) Any reference in this Act or any other Act or any rules or regulations thereunder to a Licensing District or Districts in relation to any clerk or clerks of Licensing Courts or of the Licensing Court shall be deemed to be a reference to a licensing area or areas constituted under this section.

(4) Any other reference in this Act or any other Act or any rules or regulations thereunder to a Licensing District or Districts shall be deemed to be a reference to the single licensing district of Victoria constituted by this section.

The various kinds of licences. No. 3717 s. 7 No. 5767 s. 5 ( 1 ) .

PART II.—LICENCES AND FEES PAYABLE THEREON.

7. Licences may be granted under this Act of the several descriptions following (that is to say):—

(1) Victuallers' licences. (2) Temporary victuallers' licences. (3) Australian wine licences. (4) Spirit merchants' licences. (5) Grocers' licences. (6) Vignerons' licences. (7) Packet licences. (8) Temporary packet licences. (9) Railway refreshment room licences.

(10) Brewers'licences. (11) Billiard-table licences.

Such licences respectively shall be in such form as may be prescribed or to the like effect, and shall with the exception of temporary licences be in force to the end of the year for which the same are granted.

Effect of vv»f>i|er's licence. No. 3 717 s. 8.

8. A victualler's licence shall authorize the licensee to sell and dispose of liquor in any quantity on the premises therein specified between the hours of nine in the morning and six in the evening.

Effect of temporary victualler's licence. No. 3717 s. 9.

Removal of temporary licence where sports postponed.

9. (1) A temporary victualler's licence shall for any specified period not exceeding seven days authorize the licensee being also the holder of a victualler's licence or the lessee of a railway refreshment room in respect of which a railway refreshment room licence is in force to sell and dispose of liquor between the hours of ten in the morning and six in the evening at any fair agricultural or horticultural show military encampment races regatta rowing cricket football golf tennis or polo match or circus or other public sports games or amusements subject to such restrictions and conditions as the Licensing Court granting the application may impose.

(2) Where the holding of the fixture or event for which a temporary licence was granted is postponed the Treasurer or receiver of revenue who issued the said licence may by indorsement

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thereon renew the licence without additional fee for the same fixture or event but such renewal shall not be for a greater number of days than set out in the licence or for a period extending more than twenty-eight days beyond the last day originally specified in the licence.

10. An Australian wine licence shall authorize the licensee Effect of an being the occupier of premises assessed by the Licensing Court at ^Sce'iS*. an annual value of not less than Fifty pounds a year in any city NO. 3717 S. 10; or town or of not less than Twenty pounds a year in any other No-4331s-2-place to sell and dispose of any wine cider or perry the produce of fruit grown in any State of the Commonwealth in quantities not exceeding, two gallons on the premises therein specified between the hours of nine in the morning and six in the evening.

11. (1) A spirit merchant's licence shall authorize the Effect of spiri, licensee in the premises specified in the licence to sell and dispose H /nS?111'8

of duty-paid spirituous liquors wine or fermented liquors in N0.3717S. u : quantities of not less than two gallons during such times between $£ siloss'4* the hours of nine in the morning and six in the evening as such ss- *•14 (a)-premises may lawfully be kept open under any law for the time being in force relating to shops and to keep and store such liquors on such premises: Provided that no such liquor shall be drunk on such premises.

(2) The premises so licensed shall for the purpose of this spirit section be deemed fo be a shop under any law for the time being in ^VniKo be force relating to the closing of shops. a " s b 0 ? "

(3) The Licensing Court may at any time on application storage of after seven days' notice by the licensee authorize the licensee by Uquor-

indorsement on the licence under the seal of the court to keep and store such liquors in additional or other premises described in the indorsement: Provided that no such liquor shall be drunk on such premises.

(4) The Licensing Court may authorize the removal of any Removalof such licence to any other premises within the licensing district on licence to the holder of the licence giving notice and making application for premises, such removal in the manner provided by this Act for applications for new licences. For every such authority to remove a fee of Five pounds shall be paid.

12. (1) A grocer's licence shall authorize the licensee being Effect of also a licensed spirit merchant to sell and dispose of liquor in gcencef bottles during such time between the hours of nine in the morning No. 3717 s. 12; and six in the evening as the premises therein specified may K S H

998 1958. Licensing. No. 6293

Licensed premises.

Grocer's premises to be deemed a shop.

Removal of grocer's licence.

lawfully be kept open under any law for the time being in force relating to the closing of shops: Provided that—

(a) no such bottle shall be suplied for the reception of any ale or stout by or on behalf of the purchaser; and

(b) no such liquor shall be drunk on such premises. (2) The holder of a grocer's licence may carry on the business

of a grocer and licensed spirit merchant in the premises specified in such licence situated within the district in which such licence is granted.

(3) The premises so licensed shall for the purposes of this section be deemed to be a shop under any law for the time being in force relating to the closing of shops.

(4) The Licensing Court may authorize the removal of any such licence to any other premises within the licensing district on the holder of such licence giving notice and making aplication for such removal in the manner provided by this Act for applications for new licences. For every such authority to remove a fee of Five pounds shall be paid.

Effect of vigneron's licence. No. 3717 s. 13.

13. A vigneron's licence shall authorize the licensee to sell at his vineyard between the hours of nine in the morning and six in the evening (in quantities of not less than one pint and not to be drunk on the premises) wine made from grapes of his own growing or from grapes purchased by him.

Effect of packet licence. No. 3717 s. 14; No. 4263 s . 2 ( 2 ) .

14. (1) A packet licence shall authorize the master of the vessel therein mentioned being a vessel by which passengers are conveyed from any place within Victoria or its dependencies to any other place within or without Victoria to sell and dispose of liquor between the hours of nine in the morning and six in the evening on any day except Sunday Good Friday and Anzac Day during her passage between such places to any passenger on board of such vessel.

(2) No licence shall be necessary to authorize the granting of allowances of liquor to the crew of any vessel.

Effect of temporary packet licence. No. 3717 s. 15; No. 4263 s. 2 ( 2 ) .

Effett of a railway refreshment room licence. No. 3717 s. 16.

15. A temporary packet licence shall for any specified period not exceeding ten days authorize the master of the vessel therein mentioned being a vessel by which passengers are conveyed from any place within Victoria and its dependencies to any other place within or without Victoria to sell and dispose of liquor between the hours of nine in the morning and six in the evening on any day except Sunday Good Friday and Anzac Day during her passage between such places to any passenger on board of such vessel.

16. (1) A railway refreshment room licence shall authorize the licensee or other person who is for the time being either the lessee or sub-manager of any railway refreshment rooms and

1958. Licensing. No. 6293 999

whether such licensee or other person (being such a lessee) is or not also the holder of a victualler's licence to sell and dispose of liquor in any quantity at such railway refreshment rooms (in respect of which no other licence has been granted and is in force) between the hours of nine in the morning and six in the evening.

(2) Any person who is the lessee or sub-manager of railway refreshment rooms at more than one railway station shall obtain a separate licence in respect of each of such railway stations.

(3) Nothwithstanding anything in this Act the holder of such Authority to

licence may outside the hours therein specified sell and dispose dispose of of liquor in the railway refreshment room therein mentioned (from ^ a o " the arrival of the train at the railway station until its departure ,rains-therefrom but not during a longer period than twenty minutes after such arrival) to persons who have travelled not less than twenty miles by any train conveying passengers.

17. A brewer's licence shall authorize the licensee under the Eiieciot provisions of Part VII. of this Act on the premises specified in the uclnS!s

licence to sell and dispose of beer ale porter or wine made in No 37ns. n Victoria in quantities of not less than two gallons.

18. (1) A billiard-table licence shall authorize the licensee to keep set up and maintain billiard or bagatelle tables in the premises therein specified but not elsewhere and to allow such tables to be used between the hours of ten in the morning and half-past eleven at night; or (if such tables are in the premises of the holder of an Australian wine licence) between the hours of ten in the morning and six in the evening.

(2) A licensed victualler shall be entitled to keep and maintain billiard or bagatelle tables on his licensed premises without obtaining a billiard-table licence; but every such licensed victualler shall be subject to all the obligations and penalties (other than the payment of a fee) to which the holder of a billiard-table licence who is also the holder of an Australian wine licence is subject.

19. (1) The fees to be paid for such licences respectively shall be as follows:—

(a) For any of such licences, other than those for which special provision is made in this section, the fee shall be equal to the sum of six per centum of the gross amount (including any duties thereon) paid or payable for all liquor which during the twelve months ended on the last day of June preceding the date of the application for the grant or renewal of the licence was purchased for the premises or (in the case of a packet licence) the vessel in respect of which such grant or renewal is sought;

Effect of a billiard-table licence. No. 3717 s. 18

Licence-fees. No. 3717 s. 19; No. 5584 s . 2 ( 2 ) (3) . No. 5908 s. 14 (6) .

1000 1958. Licensing. No. 6293

(b) For a temporary victualler's licence or a temporary packet licence—One pound for each day during which the licence will be in force in respect of each booth stall bar or place from which liquor will be sold in the case of a temporary victualler's licence and One pound for each day during which the licence will be in force in the case of a temporary packet licence, and in either case a further fee equal to the sum of six per centum of the gross amount (including any duties thereon) paid or payable for all liquor purchased for sale or disposal under such licence;

(c) For a spirit merchant's licence—Forty pounds per annum, and (where such spirit merchant is not the holder of a grocer's licence) a further fee equal to the sum of six per centum of the gross amount (including any duties thereon) paid or payable by the licensee for all liquor which during the twelve months ended on the last day of June preceding the date of the application for the grant or renewal of such licence was sold or disposed of under such licence to persons other than persons licensed to sell liquor;

(d) For a grocer's licence—A fee which is equal to the sum of six per centum of the gross amount (including any duties thereon) paid or payable by the licensee for all liquor which during the twelve months ended on the last day of June preceding the date of the application for the grant or renewal of the grocer's licence was purchased by the licensee and was not disposed of under such licence to any other person licensed to sell liquor;

(e) For an Australian wine licence—A fee equal to the sum of six per centum of the gross amount (including any duties thereon) paid or payable by the licensee for all liquor which during the twelve months ended on the last day of June preceding the date of the application for the grant or renewal of such licence was purchased by the said licensee;

(/) For a vigneron's licence—Seven pounds ten shillings per annum;

(g) For a brewer's licence—Ten pounds per annum, and a further fee equal to the sum of six per centum of the gross amount (including any duties thereon) paid or payable to the licensee for all liquor which during the twelve months ended on the last day of June preceding the date of the application for the grant or renewal of such licence was sold or disposed of under such licence to persons other

1958. Licensing. No. 6293 1001

(h) For a billiard-table licence—Five pounds per table per annum for any.number of tables not greater than eight on any licensed premises ; and for any number of tables greater than eight, Forty pounds per annum for the whole of such tables.

(2) A person firm or body corporate if carrying on the business Finns and of a spirit merchant in one house or place of business shall be corporate, liable to pay the fees for a spirit merchant's licence in respect of that house or place only ; but if carrying on such business in more than one house or place of business shall be liable to pay the fees for a spirit merchant's licence in respect of each such house or place.

(3) Notwithstanding anything to the contrary in any ApporUon-agreement whether made before or after the coming into operation Sfence-fee as Of th i s A c t occupier and

(a) any licensed victualler who holds a victualler's licence for any premises of which he is not the owner and who pays the annual licence-fee for such licence fixed on a percentage basis may without suffering any penalty imposed by any such agreement deduct from any rent payable by him for the premises for any year in respect of which such fee is paid a sum equal to three-eights of the amount of such fee or may recover the said sum in any court of competent jurisdiction from the owner of the premises ;

(b) where such sum is so deducted from any rent payable to or is recovered from an owner of the premises and such owner is himself a tenant of another person who is an owner of the premises within the meaning of this Act such tenant may in like manner deduct from any rent payable by him to or may recover from the last-mentioned owner a sum equal to the amount so deducted or recovered and so on until the owner to whom the rent is payable is not himself a tenant of another person ;

(c) in this sub-section " rent" includes any rent reduced or commuted under any such agreement—

and any term of any agreement or lease made or executed after the commencement of the Licensing Act 1928—

(i) whereby the rent or any part of the rent for any licensed premises or any collateral payment or obligation is or may be computed by reference, direct or indirect, to purchases or sales of liquor ; or

(ii) which would frustrate or avoid the operation of the foregoing provisions of this sub-section—

shall be,void and of no effect.

1002 1958. Licensing. No. 6293

Power of Treasurer to obtain statements from merchants and brewers.

court to fix 20. (1) The Licensing Court shall finally and conclusively Percentage fix the amount of any fee payable on a percentage basis under this No. 3717 s. 20. A c t .

(2) The court shall fix such sum as it thinks reasonable in any case—

(a) where no information is produced to the court, or the information produced is incomplete or insufficient to enable the court to determine the gross amount paid or payable for liquor purchased or sold or disposed of (as the case may be) ; or

(b) where information covering a period of twelve months cannot be produced.

(3) For the purpose of enabling the Licensing Court to fix fees payable on a percentage basis the Treasurer of Victoria may by order in writing require any spirit merchant or brewer or person body corporate or firm to state in such form as is prescribed by regulations the name and address of every person holding a licence under this Act and of every registered club to whom or to which such merchant brewer person body corporate or firm sold or supplied liquor during the twelve months ended on the preceding thirtieth day of June.

(4) Such statement shall show the quantity and nature of liquor so sold or supplied in each case and the price paid or payable therefor.

(5) Every spirit merchant brewer person or body corporate and every member of a firm who or which within fourteen days after such order does not furnish such statement shall be liable to a penalty of not less than Ten nor more than One hundred pounds.

(6) Except in the case of a temporary licence when the Licensing Court issues a certificate authorizing the grant or renewal of a licence for which a fee is payable on a percentage basis the court shall cause to be inserted in such certificate the amount of the percentage fee payable.

Penalty.

Licensing Court to insert in certificate the fee payable.

Applicants for licences &c. to furnish declarations as to liquor purchases. No. 3717 s. 21; No. 5908 s. 3.

Renewal of licence: Declaration as to liquor.

2 1 . (1) Every applicant for the grant of a new licence or the registration of a club shall at the time of the application furnish all particulars available to enable the Licensing Court to estimate the probable extent of the annual purchases of liquor for sale or disposal under such licence or registration.

(2) Save as otherwise expressly provided every applicant for the renewal of a licence for which a fee is payable on a percentage basis and every applicant for the renewal of a certificate of the registration of a club shall on or before the first day of August in each year forward to the clerk of the Licensing Court a statutory declaration by such applicant setting forth with regard to the

1958. Licensing. No. 6293 1003

twelve months ended on the last day of June preceding the date of the application as nearly as practicable or if liquor has not been purchased during the whole of such period then with regard to any shorter period preceding the said last day of June during which liquor was purchased—

(a) the quantity of liquor purchased for the premises or the vessel in respect of which the application is made and the gross amount paid or payable therefor (including any duties thereon); and

(b) the names and addresses of the persons or firms who sold such liquor.

(3) In the case of an application for the transfer of a licence a Transfer of like declaration of liquor purchased up to the date of the Ucence-application shall at the time of the application be furnished by the licensee.

(4) In the case of an application for the renewal of a spirit Ren8Wal0, merchant's licence an Australian wine licence a brewer's licence J"*^^^ or a grocer's licence a like declaration shall be made as aforesaid &<=• licences, setting forth the liquor sold or supplied during the said period of twelve months by every holder of the licence to persons other than persons licensed to sell liquor.

(5) (a) Every holder of a temporary victualler's licence or a Temporary temporary packet licence shall within fourteen days after the Ucences-termination of the period of the licence forward to the clerk of the Licensing Court a statutory declaration setting forth the gross amount (including any duties thereon) paid or payable by him for liquor purchased for sale or disposal under the licence.

(b) The fee(0) for such a licence shall be paid to the Treasurer Payment of or receiver of revenue or clerk of the Licensing Court before the fees" issue of such licence and the further fee fixed on a percentage basis shall be paid within seven days after the same is demanded by the clerk of the Licensing Court.

(6) Any person who is required by any provision of this penaityfor section to forward or furnish to the clerk of the Licensing Court S * t o

any statutory declaration and who fails so to forward or furnish ^}a^JJ0,u

on or before the due date or within the proper time a declaration purcha s at in accordance with the requirements of this section shall be guilty properUme-of an offence and shall be liable to a penalty of not less than Ten and not more than One hundred pounds.

22. (1) Notwithstanding anything in this Act where any provision for certificate is issued by the Licensing Court at an annual sitting of JKVfera the court authorizing the issue or renewal of a licence the payment m^S"eyn"ly

•of the sum set out in such certificate may, if the person named N0.4OUS. 2.

(a) See section 19 (1) (6).

1004 1958. Licensing. No. 6293

Application o f s . r

in the certificate so elects, be made to the Treasurer or receiver of revenue in as nearly as may be two equal amounts but so that the second of such amounts does not include any fraction of a pound.

(2) At the same time as the first of such amounts is paid there shall in addition be paid an amount equal to Five per centum of the second of such amounts.

(3) The first of such amounts shall be paid within twenty-eight days after the date of the granting or endorsing (as the case may be) of such certificate and the second of such amounts shall be paid on or before the tenth day of June next following.

(4) If the first of such amounts together with such additional amount is paid as hereinbefore provided the licence specified in the certificate shall thereupon be issued, but if such amounts are not so paid the certificate shall be void ; and if the second of such amounts is not paid as hereinbefore provided the licence shall after the thirtieth day of June next following the issue of such licence become void and of no further effect.

(5) The provisions of section ninety-eight of this Act with regard to the non-payment or late payment of licence fees shall .98 to

non-payment wmem. aPPty w i t n such adaptations as are necessary to the non-payment

or late payment of any such amount.

Licences not to be granted or transferred to aliens. No. 3717 s. 22.

Retail licences not to be granted to distillers &c. No. 3717 s. 23

PART III.—CONDITIONS OF OBTAINING LICENCES TRANSFERS AND RENEWALS.—SURRENDER OF LICENCES AND PERMITS.

23. No new licence shall be granted and no licence shall be transferred to any persoo whomsoever who is not a natural born or naturalized subject of Her Majesty.

24. (1) It shall not be lawful for any person who is the owner or part owner of or who has any share or interest in a distillery or for any person licensed to use a still to have or to hold a licence to retail liquor : Provided that a vigneron's licence under this Act may be granted or renewed to any vigneron licensed to use a still under any Act of the Commonwealth.

(2) If any person who has obtained a licence for the sale of liquor by retail after the obtaining of such licence becomes the owner or part owner of or obtains any share or interest in a licensed distillery—

(a) such licence so granted for the sale of liquor by retail shall thereupon become and be absolutely void; and

(b) any such person continuing to sell liquor by retail may be prosecuted and convicted as a person selling liquor without a licence.

1958. Licensing. No . 6293 1005

25 . A victualler's a grocer's or an Australian wine licence shall Retail licences

not be granted renewed or transferred to any person licensed to granted % make beer under any Act of the Commonweal th . brewers.

No. 3717 s. 24.

26 . A licence shall not be granted renewed or transferred Licence not to to the wife of any person who is employed in any capacity in the renewendetoor

public service ( including the Railway Service the Police Force £rvant.publlc

the Parl iamentary Service and the Menta l Hygiene Depar tment ) No,-53.7"

if such wife is living with her husband.

27 . ( 1 ) Subject to the provisions of this Act— Licences in

(a) a body corporate may apply for and be granted any corporations licence or may by transfer become the holder of any ™* %^'„. 26-licence ; and No! 5908 s! 4 . '

(b) where two or more persons carry on business in partnership any one of such partners or any person nominated by the firm may on behalf of the firm apply for and be granted any licence or by transfer become the holder of a licence.

(2) Any licence may be granted or transferred to a body corporate in the name of a person on behalf of the body corporate who is nominated by the body corporate for the purpose.

(3 ) On application to the Licensing Court by the body corporate or firm during the currency of a licence the name of any other person nominated as aforesaid may be substituted for that of the person in whose name the licence was granted transferred or renewed or the name of the body corporate or firm by or on behalf of which the licence is held may be altered in accordance with any change of name which has been lawfully effected by such body corporate or firm and the licence may be amended accordingly.

(4) Where any notice application or proceeding is authorized or required to be given made or taken by any person in respect of a licence the same may in the case of any body corporate or firm be given made or taken on behalf thereof by any director manager member partner secretary officer or nominee thereof.

( 5 ) Every body corporate being the holder of a licence shall be liable for any offence under this Act in respect of such licence as if such body corporate were a private person, and shall be subject to the same penalties for any such offence as if it were a private person so far as such penalties are enforceable against a corporat ion.

(6) If any director manager member secretary officer or nomineee of any such body corporate knowingly authorizes or permits any such offence he shall also be liable therefor.

(7) If any partner or person being the holder of a licence on behalf of a firm is guilty of any offence against this Act that person and every member of the firm shall be severally liable to any penalties for such offence.

1006 1958. Licensing. No. 6293

Not more than one of certain licences to be held.

Women not to have certain licences unless over twenty-five years of age. No. 3717 s. 27.

Accom­modation to be required on grant or renwal of licences in certain houses in city of Melbourne. No. 3717 s. 28: No. 5767 s. 13. Separate entrance.

Accom­modation for public.

Ventilation and space required.

Eating-house.

(8) No body corporate or firm shall directly or indirectly hold or have a beneficial interest in a licence otherwise than pursuant to this section.

(9) Save as provided in section two hundred and eighty-two— (a) no holder of any victualler's licence (including a body

corporate or firm which holds or on behalf of which any person holds a victualler's licence) shall (whether directly or indirectly) hold or have any beneficial interest in a grocer's licence ;(a) and

(b) no holder as aforesaid of either of such licences shall (whether directly or indirectly) hold or have a beneficial interest(6) in more than one of such licences:

Provided that the holder of a victualler's licence may hold a temporary victualler's licence.

28. Except in pursuance of section one hundred and twelve of this Act no woman unless she is over the age of twenty-five years or the business has devolved upon her as owner or trustee shall be granted or hold a victualler's licence or Australian wine licence.

29. (1) Save that licences may be renewed for any premises in respect of which renewals have been granted under the provisions of section forty-eight of the Licensing Act 1890, a victualler's licence shall not be granted or renewed in respect ot any house in the city of Melbourne unless—

(a) such house has an entrance for the sale of liquors not to be drunk on the premises separate from and in addition to the entrance to the bar-room;

(b) such house contains for public accommodation not less than six bedrooms or (in the case of a house the building or re-building of which is commenced after the first day of March One thousand nine hundred and fifty-four) such greater number of bedrooms as the Licensing Court thinks necessary in addition to the rooms occupied by the family and servants of the applicant together with a suitable complement of bedding and furniture;

(c) every bedroom so required for public accommodation is so constructed as to admit light and air freely and contains at least one thousand two hundred cubic feet, except in the case of a bedroom intended for the accommodation of one person only which contains at least eight hundred and fifty cubic feet;

(d) such house is shown to be a well-appointed and sufficient eating-house with appliances requisite for daily serving meals to guests ;

(A) Compare section 212. (b) See also section 35.

1958. Licensing. No. 6293 1007

(e) such house is substantially constructed of durable Construction materials and the rooms are furnished and divided pirt?«onsaml

by partitions of stone brick or plaster, or, in the thereof-case of rooms other than bedrooms, wholly or partly of glass wood or other material of which the Licensing Court approves ;

(./) such house is provided with baths and at least one Baths and closet for every ten lodgers the house can SS^um0"1" accommodate- placed in suitable places for males and females separately, and also urinal conveniences on the premises for the use of the public frequenting the house ; and

(g) such house is provided where necessary in the opinion stabunB. of the Licensing Court with stabling sufficient for the accommodation of not less than three horses.

(2) A victualler's licence shall not be granted in respect of any Requisites for house elsewhere than in the city of Melbourne unless— S u m 0 '

(a) such house contains not less than three bedrooms Or Accom-(in the case of a house the building or re-building pnublfc,.'onfor

of which is commenced after the first day of March One thousand nine hundred and fifty-four) such greater number of bedrooms as the Licensing Court thinks necessary in addition to rooms occupied by the family and servants of the applicant together with a suitable complement of bedding and furniture ;

(b) such house is shown to be a well-appointed and Eating-house. sufficient eating-house with the appliances requisite for daily serving meals to guests ;

(c) such house is provided with sufficient bath closet and Baths and

urinal accommodation ; and modM?ocnom~ (d) such house is provided where necessary in the opinion stawins.

of the Licensing Court with stabling sufficient for the accommodation of not less than three horses.

(3) Nothing in this section shall apply to any house or room or Exceptions booth situated on a cricket ground or to any other place set apart 'Snp'aces. for any lawful game or pastime or to any theatre.

30. No victualler's licence shall be granted renewed or Licences not transferred to any person declared by or in pursuance of this Act g §fJ{JE}Jj£!j to be a disqualified person or in respect of any premises so declared ^"°^°lia

to be disqualified premises during the continuance of such disqualified , . . . _ 7- fa\ premises. disqualification.w

No. 37i7S.29. (a) As to persons, see sections 106, 139, 142, 154, 159, 168, 170, 171, 193; as

to premises, sections 142, 143, 159.

1003 1958. Licensing. No. 6293

No railway room licence within twenty miles of Melbourne. No. 3717 s. 30.

No other licence to be held with Australian wine licence. No. 3717 s. 31.

3 1 . No railway refreshment room licence shall be granted within the city of Melbourne or a distance of twenty miles thereof.

32. No other licence of any description for the sale of liquor shall be granted or renewed in respect of premises for which an Australian wine licence is for the time being in force.

No packet licence where vessel's termini less than ten miles apart. No. 3717 s. 32.

33. No packet licence or temporary packet licence shall be granted in respect of any vessel habitually making a voyage the extreme points of which are not more than ten miles apart.

Temporary licence on municipal ground. No. 3717 s. 33.

34. No temporary victualler's licence to sell or dispose of liquor on any land building or premises either wholly or partly controlled occupied or owned by any municipal council shall be granted without the express permission in writing of such council.

Only one victualler's or one grocer's licence to be held by one person. No. 3717 s. 40.

35. (1) No person shall at any one time either by himself or his wife or servant or agent hold or have any beneficial interest in more than one victualler's licence or in more than one grocer's licence.

(2) Any interference by any licensed victualler or grocer with the business of any licensed victualler's or grocer's premises other than the premises for which he is licensed shall be deemed prima facie evidence of a beneficial interest within the meaning of this section.

Licence to be produced. No. 3717 s. 41.

36. Every licensed victualler and every holder of an Australian wine licence and every licensed spirit merchant shall on demand al the licensed premises produce his licence to any licensing inspector or any inspector of liquor or any authorized member of the police force and in default thereof without reasonable excuse shall be liable to a penalty of not more than Twenty pounds.

surrenderor 37. (1) The owner and occupier of any licensed victualler's u'ce'rlces!18 premises may at any time request the Licences Reduction Board to NO. 3717 s. 4i accept the surrender of the licence, and the Board in the exercise

of its discretion may accept such surrender.

(2) The holder of any licence (other than a victualler's licence) or of any club registration or permit may surrender the same during its currency to the Licensing Court for cancellation. The Court may thereupon cancel such licence club registration or permit.

Power to surrender certain licences Ac.

1958. Licensing. No. 6293 1009

PART I V . — C O N D I T I O N S R E L A T I N G TO P E R M I T S . — L I Q U O R W I T H

M E A L S IN PROHIBITED H O U R S . — U N L I C E N S E D P R E M I S E S . —

NON-INTOXICATING BEVERAGES. — BILLIARD-TABLES. —

ADDITIONAL B A R - R O O M S . — R E G I S T R A T I O N O F L O D G E R S . —

P O L I C E C O N T R O L O F H O U S E S U S E D FOR S E L L I N G

LIQUOR W I T H O U T A L I C E N C E .

3 8 . ( 1 ) Where in the licensed premises of any licensed supply of victualler or holder of an Australian wine licence bona fide meals bona fide are habitually supplied to the public or in the premises of any K'le'dor registered club supplied to members of the club, the Licensing ^ " j 1 ^ 8 ^ . Court consisting of one licensing magistrate may on the Na5584S' application of the licensee or (as the case may be) the secretary of tboMiti the club grant with respect to such licensed premises or club »(c> a ) (2)p

premises a permit to such licensee or secretary for the sale disposal or supply of liquor for consumption with bona fide meals in accordance with the provisions of this section and may at any time revoke any such permit. Unless revoked such permit shall remain in force until the end of the year in which it was granted, and on application may be renewed with the licence. (a ) For every permit under this section a fee ascertained in accordance with rules made in that behalf shall be paid.

(2) Nothing in this Act shall be held to prevent the sale or disposal or supply of liquor on any licensed premises or registered club premises (with respect to which a permit under this section has been granted and is in force) to any person or member of a club (as the case may be) for consumption with a bona fide meal on any day from the hour of six o'clock in the evening until such time not being later than ten o'clock in the evening or on Sundays or Good Friday or Anzac Day from the hour of twelve noon until such time not being later than half-past two in the afternoon as is specified in the permit:

Provided that the meal is being served and the liquor is sold disposed of supplied or consumed in the dining room in which meals are usually served and not in the bar-room or other part of the licensed premises or club premises.

(3) On application to the Licensing Court for any special Extended occasion on a stated date the Licensing Court may extend such sSppiy liquor permit to an hour and room to be specified. For every extension {Uemue on of a permit under this section a fee ascertained in accordance with 2J5251 -.

^ . . 1 1 1 * 1 * 1 H I * i occasions.

rules made in that behalf shall be paid. (4) At all times while a meal is being served within the

times specified in such permit or extension thereof every door (including the outer door) by which access is then had to such dining room or specified room shall be kept unlocked. This sub-section shall not apply to any door of a bar-room.

(a) Transfer of a licence operates as a transfer of all permits granted to the holder of the licence.—Section 101.

1010 1958. Licensing. No. 6293

(5) Save as expressly provided in this section nothing in this section shall make lawful anything which apart from this section would be a contravention of any of the provisions of this Act.

Penalty for drinking on unlicensed premises on Sundays or in prohibited hours. No. 3717 s. A4; No. 4263 s. 2 ( 3 ) .

Meaning of " unlicensed premises."

Permit in case of " unlicensed premises."

39. (1) Any person (except the occupier or any member ol his family dwelling on the premises or any of his servants) who on Sunday or on Good Friday or on Anzac Day or in the hours during which the sale of liquor to the public generally by licensed victuallers is prohibited drinks liquor in or on any unlicensed premises as defined in this section shall for every such offence be liable to a penalty not exceeding Two pounds.

(2) Every person who permits or allows any liquor to be drunk (unless by any of the persons so excepted) on his unlicensed premises on Sunday or on Good Friday or on Anzac Day or in the hours aforesaid shall for every such offence be liable to a penalty of not less than Five nor more than Twenty pounds and for every subsequent offence to a penalty of not less than Twenty-five nor more than Fifty pounds.

(3) For the purposes of enforcing the provisions of this section—

(a) any member of the police force may at any time on Sunday or on Good Friday or on Anzac Day or in the hours aforesaid demand entrance into any unlicensed premises or the appurtenances thereof and if admittance is delayed for such time as that it may be reasonably inferred that wilful delay was intended the offender shall be liable to a penalty of not less than Two nor more than Ten pounds; and

(b) if such admittance is refused or wilfully delayed such member of the police force may break into such premises.

(4) In this section " unlicensed premises " means any premises where meals or refreshments are ordinarily sold or disposed of to the public for consumption on the premises, and without affecting the generality of this definition includes any cafe restaurant oyster saloon or other eating-house for which a victualler's licence or an Australian wine licence is not in force and any premises which the occupier of such unlicensed premises is permitted to use or uses for the purposes of or in connexion with his business.

(5) Nothing in this section shall make lawful anything which apart from this section would be a contravention of any of the provisions of this Act.

(6) Notwithstanding anything in this section it shall not be an offence against this section for any person to drink liquor or to permit liquor to be drunk in a specified room in any unlicensed

1958. Licensing. No. 6293 1011

premises as defined in this section in any case where the Licensing Court has granted a permit(a) for any special occasion on a stated date permitting liquor to be drunk within hours and in the room on such premises specified in the permit:

Provided that all doors (including the outer door) by which access is then had to such room are kept unlocked.

For every permit under this section a fee of One pound shall be paid.

40. (1) Notwithstanding anything in this Act on application Permits fur by any licensed victualler or holder of an Australian wine licence intoxicating to the Licensing Court the court consisting of one licensing biS^tawSs. magistrate may in its discretion grant to such licensed person— NO.3717S.45;

S. 2 (4).

(a) a permit(a) to sell and dispose of non-intoxicating Permits for beverages on his licensed premises at such times intoxicating between the hours of six and half-past ten in the SSring868

evening on any day other than Sunday Good certain hours. Friday and Anzac Day as are specified in the permit;

(b) in the case of licensed premises in the neighbourhood of wharfs markets cattle or sheep yards or abattoirs or places at which coaches or railway trains arrive or from which they depart at an earlier hour than nine in the morning or a later hour than six in the evening—a permit to sell or dispose of non-intoxicating beverages at such times between the hours of six in the evening and nine in the morning on any day other than Sunday Good Friday and Anzac Day as are specified in the permit;

(c) a permit to allow any billiard tables or bagatelle tables in his licensed premises to be used at such times between the hours of six and half-past ten in the evening on any day other that Sunday Good Friday and Anzac Day as are specified in the permit—

and any such licensed victualler or holder of an Australian wine licence may in accordance with such a permit sell and dispose of such beverages or (as the case may be) allow such billiard tables or bagatelle tables to be so used.

(2) Every such permit— (a) shall be subject to such conditions and restrictions

as the court in its discretion thinks fit; (b) shall remain in force for such period not extending

beyond the end of the year as the court thinks fit; and

Permits for use of billiard tables on certain licensed premises during certain hours. Effect of permits

Conditions and restrictions.

Duration.

(a) Nothing done in pursuance of a permit, permission, or authority is an offence. Sea section 151.

1012 1958. Licensing. No. 6293

Renewal.

Conditions to be includeJ in permits for sale of non-intoxicating beverages.

Fees.

Revocation or variation of permits.

Sale of non-intoxicating beverages restricted. No. 3717 s. 46; No. 4263 s . 2 ( 3 ) .

(c) may be renewed with the licence with such variations (if any) as the court thinks fit.

(3) Every such permit for the sale and disposal of non-intoxicating beverages shall in addition to any conditions or restrictions made by the Licensing Court contain with respect to such sale and disposal conditions providing that—

(a) the licensee shall not sell or dispose of any non-intoxicating beverage or allow the same to be sold disposed of or consumed in the bar-room or bar-rooms or in any place where liquor is kept or from which liquor is supplied; and

(b) such non-intoxicating beverages shall be sold or supplied in such room situate on the ground floor of the licensed premises as is specified in the permit, which room during the times specified as aforesaid in the permit shall be kept open and accessible to any authorized member of the police force and be kept well lighted at night; and every door (not being the door of a bar-room) including any outer door of the licensed premises by which the public has access to such room shall during the times so specified be kept unlocked.

(4) The fees payable for every grant or renewal of a permit under this section shall be—

in the case of a permit for the sale and disposal of non-intoxicating beverages—One pound;

in the case of a permit for the use of billiard or bagatelle tables—Ten shillings—

and such fees respectively shall be paid to the Treasurer of Victoria a receiver of revenue or the clerk of the Licensing Court before the issue of such a permit.

(5) The Licensing Court may upon the application of a licensing inspector revoke or vary any such permit:

Provided that every such application shall be upon notice to the holder of such permit.

41 . (1) Notwithstanding anything in any Act or in any law to the contrary any licensed victualler or holder of an Australian wine licence on whose licensed premises any non-intoxicating beverage is sold or disposed of on Sunday or on Good Friday or on Anzac Day or during the hours during which the sale or disposal of liquor to the public generally is not authorized (except to persons to whom and at times at which and in circumstances in which and subject to conditions under which the sale or disposal of liquor on such licensed premises is authorized by or under this Act on Sunday or on Good Friday or on Anzac Day or during prohibited hours) shall, unless in the case of the sale or disposal of

1958. Licensing. No. 6293 1013

any such beverage during the hours aforesaid such sale or disposal is authorized by and is not in contravention of a permit(a) granted under this Act or any Act hereby repealed be liable to a penalty—

(a) for a first offence—of not less than Five nor more than Ten pounds; and

(b) for a second and every subsequent offence—of not less than Ten nor more than Fifty pounds.

(2) Any licensed victualler or holder of an Australian wine licence who permits or allows any billiard or bagatelle table on his licensed premises to be used before ten in the morning or after six in the evening unless such use is authorized by and is not in contravention of a permit granted under this Act shall (without affecting any other liabilities or penalties under this Act) be liable to the penalties specified in section two hundred and fifteen of this Act.

Penalty for use of billiard tables &c. on certain licensed premises outside of authorized hours unless authorized by permit.

(3) Without affecting any other liabilities penalties or Forfeiture of forfeitures under this Act or any Act hereby repealed if the holder certain cases,

of any permit for the sale and disposal of non-intoxicating beverages or for the use of billiard or bagatelle tables is convicted of any contravention of or failure to comply with this section or the permit or of any other offence against this Act then—

(a) all such permits in force held by such person shall ipso facto—

(i) on the first of such convictions, be suspended for a period of one month;

(ii) on the second of such convictions, be suspended for a period of three months; and

(iii) on the third of such convictions, be forfeited; and

(b) on the third of such convictions the person convicted shall ipso facto be disqualified from obtaining or holding any such permit for three years after such conviction, and no such permit shall be granted to any other person in respect of the licensed premises for a period of one year after such conviction.

(4) For the purposes only of this section, sections one Adaptation hundred and fifty-three, one hundred and seventy-two to one sections for hundred and seventy-seven, one hundred and seventy-nine to one S'thKuSn. hundred and eighty-three, two hundred and twenty-eight, two hundred and thirty to two hundred and thirty-two and two hundred and thirty-five of this Act shall so far as applicable and with such adaptations as are necessary extend and apply and be read

(a) Nothing done in pursuance of a permit, permission, or authority is an offence. See section 151.

1014 1958. Licensing. No. 6293

Certain defences not available in certain prosecutions. No. 3717 s. 47.

and construed as if any reference therein to liquor included a reference to non-intoxicating beverage and as if any reference to section one hundred and seventy-one contained in sections one hundred and seventy-five and one hundred and seventy-six were a reference to this section.

42. In any prosecution under sub-section (2) of section one hundred and eighty or sub-section (3) of section one hundred and eighty-one in respect of the licensed premises of any licensed victualler or holder of an Australian wine licence it shall not be a defence to allege as to any person found on the licensed premises elsewhere than—

(a) in the room in which non-intoxicating beverages are sold or disposed of;

(b) in any room in which any billiard or bagatelle table is kept; or

(c) in any passage leading to or from any such room as aforesaid—

that such person was on the licensed premises for the purpose of obtaining any non-intoxicating beverage or (as the case may be) for the purpose of using any such table.

Evidence that persons on licensed premises are present for an unlawful purpose. No. 3717 s. 48.

43. In any prosecution under sub-section (3) of section one hundred and eighty-one the presence on the licensed premises (whether of any licensed victualler or of the holder of an Australian wine licence) in excess of the accommodation provided for lodgers therein of any persons claiming to be lodgers shall be prima facie evidence that such persons were not on the licensed premises for a lawful purpose.

Billiard rooms during certain hours to be kept open and accessible to authorized members of the police force. No. 3717 s. 49.

44. Any room or place upon any premises of a licensed victualler or the holder of an Australian wine licence or any premises connected therewith which contains a billiard table or bagatelle table shall when in use for any purpose at any time during the hours when the use of any such table may be allowed pursuant to this Act be kept open and accessible to any authorized member of the police force and every door (not being a door of a bar-room) including the outer door by which the public obtains access to such room or place shall between such hours be kept unlocked.

Not more than one bar­room unless permitted by the court. No. 3717 s. SO; No. 5908 ss. 9 (1) (a), 14 (J).

45. (1) Whenever it is desired by any licensed victualler to have more than one bar-room on the licensed premises the Licensing Court may grant permission for two or more bar-rooms provided such bar-rooms are registered and described and are under the provisions of this Act subject to the supervision of the police.

1958. Licensing. No. 6293 1015

(2) Every applicant for permission to have two or more nan of bar-rooms shall with the notice of his application deposit with barroom

the clerk of the Licensing Court the fee hereinafter mentioned and deliver a plan showing the position of any proposed additional bar-room.

(3) A fee of Twenty pounds shall be paid annually in respect Fee for of every additional bar-room for which such permission is granted bar-room,

in addition to the fee payable for the licence or renewal thereof. (4) No such additional bar-room shall be deemed to form No pan of

any part of the accommodation required by section twenty-nine Satfon. of this Act.

(5) No licensed victualler shall let or sublet any bar-room or g^JJJJ8

the right to sell liquor on the licensed premises. The Governor arroom

in Council may exempt any cricket club from the provisions of this sub-section.

(6) If permission is granted it shall extend and apply to any Additional holder or transferee of the licence during its currency but shall with licence.

in no case have any force or effect after the thirty-first day of December in the year for which such permission was granted.

(7) The licensee may at any time surrender in writing the cancellation • • .. JC/,1 • .. * j j - i - i t_ j ofpermitfor

permission granted(fl) in respect or any additional bar-room and diuonai the Licensing Court may thereupon cancel or vary accordingly any permission in force relating to such additional bar-room.

bar-room.

(8) Notwithstanding anything in this Act whenever any Revocation of licensed victualler has obtained permission to have more than additional one bar-room upon his licensed premises he may at any time b""room

give notice in writing to the clerk of the Licensing Court of his desire that such permission should be revoked. The receipt of such notice by the said clerk shall operate as a revocation of such permission and the said clerk shall forthwith register such revocation and send a notice in writing to the licensed victualler that such permission has been revoked.

(9) The Licensing Court for any district may upon the Revocation or i- ... r T • • • 4. c *u o • c variation of

application of a Licensing inspector or of the Supervisor of permission to Licensed Premises revoke or vary any permission granted to any barrooms, licensed victualler to have two or more bar-rooms on the licensed premises. Notice of every such application—

(a) shall be served upon the person having such permission at least seven clear days before the annual sittings of the Licensing Court; and

(b) shall specifically set forth the cause or causes in respect of which such revocation or variation is sought.

(a) Nothing done in pursuance of a permit, permission, or authority is an offence. See section 151.

1016 1958. Licensing. No. 6293

No such revocation or variation shall be granted or made by the court except on proof that any additional bar-room has been used by the licensee to commit breaches of or offences against this Act.

46. (1) The Licensing Court may on application grant permission to any licensed victualler to have more than one bar-room in his licensed premises or to any licensed person to vary-the position of any bar-room or place where liquor is stored or kept in his licensed premises.

(2) If without permission of the Licensing Court any licensee—

(a) varies the position of any bar-room or place where liquor is stored in the licensed premises;

(b) has more than one bar-room; or (c) has a number of bar-rooms greater than the number

authorized by such permission— such licensee shall be liable for a first offence to a penalty of not less than Five nor more than Twenty pounds and for every subsequent offence to a penalty of Twenty pounds.

47. (1) Every licensed victualler and also every holder of an Australian wine licence in whose licensed premises accommodation is provided for lodgers (a) shall keep on his licensed premises and in accordance with rules made as hereinafter provided a register book to be called a " lodgers' register book " in which shall be entered the names of all lodgers to whom rooms are appropriated in the licensed premises.

(2) Every such register book shall be in the prescribed form and shall contain the prescribed particulars and entries therein shall be made at the times and in the manner prescribed.

(3) Any licensing inspector or authorized member of the police force shall be entitled to inspect such register book on demand and to make any extracts therefrom.

Offences and (4) Every such licensed victualler or holder of an Australian penalties. w j n e j j c e n c e o r a ny o m e r person in charge of the licensed premises

shall be liable to a penalty of not less than Two and not more than Three pounds—

(a) if a lodgers' register book is not kept on the licensed premises as required by this section or the rules;

(a) In certain prosecutions—as to the inference to be drawn from the presence on licensed premises of persons in excess of the accommodation provided for lodgers, see section 43.

Not more than one bar-room &c. without consent of court. No. 3717 s. 51.

Lodgers' register book to be kept. No. 3717 s. 53.

Entries.

Inspection.

1958. Licensing. No. 6293 1017

(6) if with respect to any lodgers' register book kept on the licensed premises there is any contravention of or failure to comply with any of the provisions of this section or the rules; or

(c) if any entry required to be made in the lodgers' register book is not made or if any entry contains any untrue particulars.

(5) The power to make rules conferred by section three Rules-hundred and two of this Act shall extend and apply to the making of rules for or with respect to—

(a) the form and manner of keeping lodgers' register books the particulars to be entered therein and the times at which and the manner in which entries shall be made therein; and

(6) prescribing any matter or thing necessary or convenient to be prescribed for carrying into effect the purposes of this section.

The provisions of the said section three hundred and two shall also extend and apply to all rules made as aforesaid.

(6) In this section " prescribed !

section or the rules. means prescribed by this " Prescribed."

48. (1) Notwithstanding anything in any Act the provisions of sections one hundred and thirty to one hundred and forty-three of the Police Offences Act 1958 with respect to and so far as they relate to a house or place which is or is used as a common gaming house or place or to any house or place which is suspected upon reasonable grounds by the owner thereof to be used as aforesaid shall with such adaptations as are necessary—

(a) extend and apply also to any house or place which is or is used as a house or place for the sale of liquor without a licence authorizing such sale or is suspected upon reasonable grounds by the owner thereof to be used as aforesaid; and

(b) be given effect accordingly as if re-enacted herein.

(2) For the purposes of this section in the construction of the said sections— eszzszrzzj-zji (a) any reference to " an officer of police" or " a

superintendent or inspector of police" or " an inspector of police" shall be read and construed as if it was a reference to a licensing inspector;

Application of Police Offences Act ss. 130-143 with necessary modifications to house &c. used &c. for sale of liquor without a licence. No. 3717 s. 54.

1018 1958. Licensing. No. 6293

(b) any reference to " any instruments of gaming and any instruments of betting and documents relating to betting and any money and securities for money " shall be read and construed as if it was a reference to " all liquor and also all vessels and utensils used for containing measuring or drinking such liquor "; and

(c) any reference in the Fourth Schedule to the said Act to the Police Offences Act 1958 Part IV. shall be read and construed as if it was a reference to this Act.

(3) Every person guilty of an offence under any of the said sections as so extended and applied for which offence no penalty is therein expressly provided shall be liable—

(a) for a first offence to a penalty of not less than Five nor more than One hundred pounds or to imprisonment for a term of not less than seven days nor more than three months;

(b) for a second offence to a penalty of not less than Twenty-five nor more than Two hundred pounds or to imprisonment for a term of not less than one month nor more than six months; and

(c) for any subsequent offence to imprisonment for a a term of not less than three nor more than twelve months.

As to lodgment, Elaces of

earing, adjournment Ac. of matters at sittings of the court other than annual sittings. No. 5908 s . 5 ( l ) (a).

PART V.—THE VICTORIAN LICENSING COURT AND LICENSING O F F I C E R S .

49. (1) All applications objections and other matters for determination by the Licensing Court (other than applications objections and matters to be dealt with at the annual sittings of the Court) shall be lodged with the clerk of the Court for the licensing area in which the subject-matter of the application objection or matter is situate.

(2) All such applications objections and matters shall, unless they are capable of being dealt with by the clerk of the Court, be returnable for hearing in Melbourne but the Court may pursuant to sub-section (4) of section fifty-three of this Act adjourn the hearing or the further hearing to any other time and place determined by the Court.

1958. Licensing. No. 6293 1019

50. (1) For the purposes of this Act there shall be a Court constitution (to be called the Victorian Licensing Court) appointed by the Ucensing

Governor in Council and constituted as hereinafter provided and £°u*j67 s 8. such Court shall be a court of record. NO.'SSISS ,"

NO. 5908 s. 17. No. 5970 3. 6.

(2) The Court shall consist of three members appointed by the Governor in Council of whom one shall be appointed as chairman.

(3) The person appointed as chairman shall be a County Court judge.

(4) Of the other two members of the Court one shall be a person with experience in hotel accounting and finance.

(5) The members of the Court shall respectively be appointed for a term of not more than seven years and shall be eligible for re-appointment.

(6) Of the members of the Court— (a) the chairman shall, in addition to his salary as a

County Court judge, be entitled to be paid an allowance under this Act at such annual rate as is fixed by Order of the Governor in Council on or before his appointment;

(b) the other two members shall respectively be entitled to be paid a salary at the rate of Three thousand three hundred pounds per annum—

and the members of the Court shall also be entitled to receive such travelling expenses as are from time to time fixed by Order of the Governor in Council.

(7) Subject to this section the members of the Court shall hold office during good behaviour for the terms for which they are respectively appointed:

Provided that it shall be lawful for the Governor to remove any such member upon an address of both Houses of Parliament.

(8) A member of the Court shall not (save with the sanction of the Governor in Council) engage in any business or employment other than the duties of his office.

(9) The office of any member of the Court shall become vacant—

(a) if he dies; (b) if he is removed from office by the Governor pursuant

to this section; (c) if he resigns or becomes incapable of carrying out

his duties:

1020 1958. Licensing. No. 6293

(d) at the expiration of his term of appointment; (e) (in the case of the chairman) if he ceases to be a

County Court judge. (10) On the occurrence of a vacancy in the office of a

member the Governor in Council may subject to this Act appoint another eligible person to fill the vacancy.

(11) If a member of the Court is ill or absent or is unable or unwilling for any reason to act as a member in respect of any particular matter before the Court, the Governor in Council may as occasion arises appoint an eligible person to act as deputy for such member during his illness or absence or in respect of that particular matter (as the case requires), and every deputy so appointed shall in respect of his appointment have all the duties and obligations of a member, and while he acts shall have all the powers authorities duties and obligations of the member for whom he acts and shall be entitled to such remuneration as is fixed by Order of the Governor in Council.

(12) If any person appointed a member of the Court was, immediately prior to his appointment, an officer of the public service he shall (while being or continuing to be or on ceasing to be a member of the Court) be eligible on thi recommendation of the Public Service Board to be appointed to an office in the public service with a classification and emolument corresponding with or higher than that which he held in the public service immediately prior to his appointment as a member of the Court as if the period of his service as such member had been service in the public service.

(13) If any person appointed a member of the court was at the date of such appointment an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment, he shall notwithstanding such appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act.

As to members of Victorian Licensing Court and references thereto. No. 5767 s. 9 (c) (J). Public Service Act.

51. (1) Each member of the Victorian Licensing Court shall be deemed to have been appointed and be a licensing magistrate under this Act and shall not be subject to the Public Service Act 1958 but no member shall enter upon the duties of his office until he has taken before the Supreme Court or a judge thereof an oath as nearly as may be in the form of the Third Schedule to the Public Service Act 1958.

(2) Any reference in this Act or any other Act or in any rules or regulations thereunder to a Licensing Court or Courts or to the Licensing Court for any licensing district shall be deemed to be a reference to the Victorian Licensing Court.

1958. Licensing. No. 6293 1021

52. (1) Any three licensing magistrates or any two licensing Licensing Court magistrates (one of whom is the chairman of the Licensing Court) constituted

assembled and sitting in open court as the Licensing Court or (in magistrates.

cases where he is expressly authorized by this Act so to do) any Jjjsw8 '60 ' ' one licensing magistrate sitting in open court as the Licensing s.°'oii). Court at any place appointed in that behalf as the place at which the Licensing Court is to be held or where expressly authorized by this Act at any place in Victoria, shall constitute the Licensing Court:

Provided that on the hearing of any application for the grant of a new licence (other than a temporary victualler's licence or a temporary packet licence) or for the new registration of a club the Licensing Court shall be fully constituted of three magistrates.

(2) Whenever by this Act any power is conferred on one Licensing licensing magistrate or oh a court constituted by one magistrate SerciS™ny such power may be exercised by a court constituted of two or inferred on more licensing magistrates at the place appointed or at any place S S ^ ^ in Victoria (as the case may be).

53. (1) The Licensing Court shall have a seal and the $rL .cn«°n

n

jurisdiction by this Act conferred upon it, and with respect to any court.ensina

matter within its jurisdiction— ' NO 5757 s'6I:

s. 10 (2) , No. 5908 s. 5 ( 1 ) (A).

(a) may summon'"1 before it the parties to be affected Power to . . . * . «» 11 • « • • 1 summon or likely to be affected by its decision thereon; witnesses.

(b) in the event of the non-appearance of the parties so summoned or any of them may upon proof of the service of the summons proceed to hear and determine such matter-although any such parties are not present;

(c). may hear receive and examine evidence upon oath; and

(d) may make such orders, as to process procedure or costs as it thinks fit.

(2) The hearing of every application and objection (if any) sutingsi and all proceedings at any sitting.of the Licensing Court shall be deemed to be judicial proceedings and shall be open to the public.

(3) Whenever the court is constituted of three magistrates *JjjJfUyof

and there is a difference of opinion between the magistrates the decision of the majority shall be deemed to be the decision of the court: Provided that whenever the Court, is constituted of three magistrates or of two magistrates (one of .whom is the chairman of the Court) any question of law which arises before the Court shall be decided by the chairman alone.

(a) See sections 58 (26), 67 (4) and 71. VOL. IV.—S3

1022 1958. Licensing. No. 6293

Adjournment of court.

Re-hearing.

Right of party to appear by counsel.

Punishment for contempt of Licensing Court.

Sittings of Licensing Court (other than annual sittings). No. 3717 s. 62; No. S908 s . 5 ( l ) (c) . Powers of licensing magistrate.

(4) The Licensing Court (whether constituted by one or more magistrates) whether upon the application of any party or not, and on such terms as to costs or otherwise as it may determine, may if it thinks fit adjourn from time to time its business or the hearing or further hearing of any cause or matter to any time at the same place or any other place.

(5) The Licensing Court may at any time if it thinks fit re-hear any cause or matter which has been heard and determined by it.<fl)

(6) Every person appearing before the Licensing Court or concerned in any proceeding in any cause or matter before the Licensing Court under the provisions of this Act shall have the right of being represented by a barrister and solicitor.

(7) The Licensing Court may punish by a fine of not more than Ten pounds or by imprisonment for a term of not more than one month, or both by fine and imprisonment as aforesaid, any person—

(a) who wilfully misbehaves himself before it or wilfully interrupts the proceedings;

(6) who is guilty of wilful prevarication in giving evidence;

(c) who on being duly summoned hereunder to appear before it as a witness or to produce documents and having had a reasonable sum tendered to him for his costs and expenses without lawful excuse refuses or neglects to appear at the time and place appointed by the summons or to produce any books paper writings or documents mentioned therein;

(d) who refuses to be sworn; or {e) who without lawful excuse refuses or neglects to

answer any question which is put to him and to which an answer is required by the court.

54. (1) Any licensing magistrate may by notice published in- the Government Gazette appoint and any licensing magistrate may in like manner alter the times for the sittings (other than the annual sittings) of the Licensing Court.

(2) Any licensing magistrate shall be deemed to constitute the Licensing Court in all matters within its jurisdiction—

(a) for directing the issue of summonses*6* to defendants and witnesses and the parties affected or likely to be affected by its decision thereon, and for all other acts and matters preliminary to the hearing; and

(a) As to the like powers of the Licences Reduction Board, see section 266. (6) See sections 58 (26), 67 (4) and 71.

1958. Licensing. No. 6293 1023

(b) after the hearing for directing the issue of all warrants of distress and commitment, and for all other acts and matters necessary for enforcing the adjudications of the Licensing Court under this Act.

55. The provisions of the Acts in force in Victoria relating to the proceedings of justices in their summary jurisdiction^ shall with such adaptations as are necessary apply to the proceedings of the Licensing Court—

(a) as to proceeding ex parte where the person summoned fails to appear;

(b) as to short descriptions of ownership of property; (c) as to variances between the statement of offences and

the evidence; (d) as to enforcing the attendance of witnesses or

production of documents; (e) as to proving any exemption exception proviso or

condition; (/) as to seizing money and bank notes under warrants

of distress; and (g) as to service of summons and proof of such service.

56. The summons or warrant of the Licensing Court may be served or executed in any part of Victoria. If a summons to a defendant being a licensed person is served at the licensed premises of such person in the manner required by law such service shall be valid although the defendant is not at the time of such service within the jurisdiction of the court issuing such summons.

57. (1) The Licensing Court shall have exclusive jurisdiction to hear and determine all cases arising in or concerning any of the following matters, and the decision of such court shall be conclusive thereon, namely:—

(a) The granting or refusing of all licences authorized to be issued and the granting or refusal of registration of clubs under the provisions of this Act save as in this Act provided;

(b) The granting or refusing of a renewal or transfer of a licence or the granting or refusal of the registration of a club for any of the causes allowed by this Act;

(c) The forfeiture revocation or cancellation of any of such licences for any of the causes allowed by this Act;

Procedure No. 3717 s. 63.

Service of summons and execution of warrant. No. 3717 s. 64.

Exclusive jurisdiction of Licensing Court. No* 3717 s. 65; No. 5767 ss. 7 ( 1 ) , 10 (3) , No. 5892 s. 8. No. 5896 s. 2. No. 5908 s . 9 ( 6 ) . No. 6112 s. 2.

Granting of licences and registrations of clubs.

Granting of renewals and transfers.

Forfeiture of licences.

(a) Cf. section 220 post.

1024 1958. Licensing. No. 6293

Disquali­fications.

Appeals from orders of Inspectors.

Results of previous polls not to limit the power or discretion of court.

Saving as to certain polls previously taken.

(d) The disqualification of licensed persons and of licensed premises for any of the causes allowed by this Act; and

(e) The hearing of appeals from the orders of licensing inspectors or of the Supervisor of Licensed Premises which they or he are or is authorized under the provisions of this Act to make with power to confirm^ modify or disallow such orders.(a)

(2) In granting or renewing or transferring any licence or the registration of any club the power and discretion of the Court shall not, except as provided in the next succeeding sub-section, be deemed to be limited by the result of any poll taken before the commencement of the Licensing (Amendment) Act 1953.

(3) Notwithstanding anything in the last preceding sub-section or in any other provision of this Act where before the commencement of the Licensing Act 1928 a local option poll had been taken in any electoral district as constituted on the twenty-first day of October One thousand nine hundred and twenty and a resolution that no licences be granted in that district had been carried the following provisions of this sub-section shall take effect:—

(a) Before a new licence is granted in or an existing licence is removed to any part of the area corresponding with that district the Licensing Court shall in the case of a victualler's licence, or an Australian wine licence, and may if it thinks proper in any other case, order a vote of electors to be taken in the neighbourhood surrounding the proposed site of the premises in respect of which a licence has been applied for or to which a licence is sought to be removed (as the case may be).

(b) The neighbourhood shall be delineated by the Licensing Court after consultation with the Chief Electoral Officer.

(c) The resolution to be submitted at the vote of electors shall be—

That a licence [nature of licence to be stated] be granted in [or] removed to [as the case requires] the neighbourhood [neighbourhood to be sufficiently indicated].

(d) If a majority of the electors voting vote against the resolution the Licensing Court shall not grant the application for the licence or removal nor shall it grant any application for a licence in or removal of a licence to that neighbourhood within three years after the taking of such vote.

(a) See, for example, sections 131-135.

1958. . Licensing. No. 6293 1025

(e) When the Licensing Court orders- a- vote to be taken under this sub-section the Chief Electoral Officer shall take a vote of electors accordingly and for that purpose—

(i) he may make all proper arrangements for the taking of the vote;

(ii) every elector within the neighbourhood delineated who is entitled to be enrolled on an electoral roll for the Legislative Assembly on the sixtieth day before the taking of the vote shall be qualified to vote but may vote once only;

(iii) the manner of voting shall be similar to that followed in the election of members to serve in the Legislative Assembly but the voting paper shall be marked as prescribed thereon;

(iv) subject to and for the purposes of this sub-section the provisions of any law relating, to rolls electors and elections for the Legislative Assembly (including the provisions relating to compulsory voting and voting by post and the provisions relating , to offences in connexion with such elections but not including the provisions relating to absent voting) shall with' such adaptations as are necessary and so far as the said provisions can be made applicable by rules of the Governor in Council apply to the taking of a vote under this sub-section: Provided that every application for a postal ballot-paper in relation to the said vote of electors shall, where the postal ballot-paper is to be forwarded to the applicant, require that it be posted addressed to him at his place of living at the time when it would be delivered in the ordinary course of post (which place shall be specified in the application), and every postal ballot-paper posted to an applicant shall be addressed accordingly;

(v) the result of the voting shall be notified by the Chief Electoral Officer in the Government Gazette;

1026 1958. Licensing. N o . 6293

(vi) the Governor in Council may make rules prescribing the form of voting paper and all matters and things authorized to be prescribed or necessary or convenient to be prescribed for the carrying out and giving effect to the provisions of this sub-section and the provisions of section three hundred and two of this Act shall extend and apply to the making of any rules under this sub-section and to such rules when made.

( / ) The costs and expenses incurred by the Chief Electoral Officer in taking any vote under this sub-section shall be paid out of the Licensing Fund.

oneUcensinB 5 8 . The Licensing Court consisting of one magistrate shall may'exercise subject in other respects to the provisions of this Act have powers, jurisdiction in respect of the following ma t t e r s :— NS:5767SM>: ( 1 ) To hear and determine every application for the NOI'SSIOV renewal of a licence or of the registration of a *•«<*>• club if such application is not objected to ;

(2) To hear and determine every application for the transfer of any licence (except a temporary licence or a railway refreshment room licence);

(3) To hear and determine every application for a temporary victualler's licence or a temporary packet licence;

(4) To assess the annual value of premises for which an Australian wine licence is required or is granted or renewed(a) and from time to time to alter or vary such assessment;

(5 ) In cases where one licensing magistrate has jurisdiction to renew a licence to fix the percentage fees to be paid in respect of any licensed premises;

(6) To determine from time to time the extended hours (if any) during which the licensee of a railway refreshment room licence may sell liquor;

(7) To grant revoke cancel or vary any permit under this Act;

(8) To grant permission to any licensed victualler or to a registered club to have more than one bar-room on licensed premises and on the application of a licensing inspector to revoke or vary the permission so granted;

(a) See section 10 ante.

1958. Licensing. No. 6293 1027

(9) To grant special authority to carry on the business of any licensed person who dies or becomes bankrupt or insolvent or becomes a lunatic patient;

(10) To consent to any licensed victualler permitting any approved person named in such consent to manage superintend and conduct the business of the licensed premises during the absence of the licensee for a longer period than twenty-eight days but in no case beyond the first day of the next annual sitting of the Licensing Court;

(11) To authorize an agent to carry on the business on the premises of a licensed victualler who having been convicted of an offence has become personally disqualified or has had his licence forfeited or revoked;

(12) To approve or disapprove in the exercise of his discretion of the fitness of the owner or mortgagee of any.licensed premises or of the nominee of such owner or mortgagee (as the case may be) to hold a licence of the kind in respect of which the application for his approval is made;

(13) To authorize a licensed person temporarily to carry on business on neighbouring premises;

(14) To grant permission to the holder of a packet licence to sell and dispose of liquor on a vessel engaged as a substitute;

(15) To grant special leave for a private society or assembly to hire or use any room or other portion of licensed premises;

(16) To authorize the removal of a grocer's licence or a spirit merchant's licence from the premises specified in the licence to any other premises in the same Licensing District or to specify by indorsement additional or other premises where liquors may be kept and stored by a spirit merchant;

(17) To give permission for a change in the name or sign of any licensed premises or in the name of the licensee arising out of any marriage;

(18) To grant in the name of the court a certificate on being satisfied that a licence has been lost or destroyed and has not been transferred forfeited revoked or cancelled or otherwise become void;

1028 1958. Licensing. No. 6293

(19) To accept during its currency the surrender of and thereupon to cancel any club registration permit or licence other than any victualler's licence;

(20) To direct that no liquor be sold during certain months on licensed victualler's premises in mountainous districts or within three miles of the sea and that the closing of the premises during such months shall not be considered an infringement of any of the provisions of this Act;

(21) To consent to a licensed person closing a bar-room and ceasing to sell liquor therein during any reconstruction repairing or rebuilding of the licensed premises;

(22) To hear and determine any matter of complaint in reference to a club and to cancel or suspend its certificate;

(23) To give express authority for any specified occasion to enable liquor to be sold or disposed of in a club during extended hours;

(24) To authorize the removal of the premises of a registered club to any other premises ;(a)

(25) To fix the percentage fee to be paid in respect of any club;

(26) To direct the issue of any summons or warrant in proceedings before the Licensing Court;

(27) To hold an annual sittings of the Licensing Gourt;

(28) To adjourn the hearing of any application or other matter in accordance with this Act;

(29) To entertain and deal with any unopposed application which one licensing magistrate has jurisdiction to entertain and deal with;

(30) To state a case for the consideration of the Supreme Court in any cause or matter determined by such magistrate upon application in the manner provided by this Act;

(31) To hear and determine except where the contrary is expressly provided any objection which pursuant to this Act can be taken or made in respect of any of the foregoing causes or matters;

(a) See section 251 (3).

1958. . Licensing. No. 6293 102ft

.(32) To hear and determine applications for approval of the re-building alteration or extension of licensed .premises;

(33) To exercise any other power or authority specially conferred on him.

Any reference to the Licensing Court or to a licensing magistrate in any section referring to the above-mentioned matters or any of them shall be deemed to refer to the Licensing Court whether consisting of one or more magistrates.

Appeal to the Supreme Court—Case stated.

59. (1) After the determination by the Licensing Court of ^^tmloU"' any cause or matter which it has power under the provisions of court by way

OI C3S6

this Act to determine if any person feels himself aggrieved by such stated." determination as being erroneous in point of law, he may apply in No-3717 '•67-writing within one month after the same to the Licensing Court to state and sign a case setting forth the facts' and the grounds of such determination for the opinion thereon of the Supreme Court.

(2) Such party (hereinafter called the " appellant") shall within fourteen days after receiving such case transmit the same to the said court, first giving notice in writing of such appeal with a copy of the case to the other party (hereinafter called the "respondent").

60. The appellant at the time, of making such application and security to be before any case is stated as aforesaid shall— appellant.

(a) before any licensing magistrate or stipendiary No3717s-magistrate enter into a recognisance to Her Majesty in double the amount of the money (if any) adjudged to be paid or (if there is no such money or if the same is less than the sum hereinafter mentioned) in the sum of Twenty.pounds, with or without surety as such licensing magistrate or stipendiary magistrate thinks fit, with a condition to prosecute such appeal with effect and without delay and to submit to the judgment of the Supreme Court and pay such costs as may be awarded by the same; or

(b) in lieu of such recognisance deposit in the hands of the clerk of the Licensing Court nominated for the place at which such determination was made the said sum on the like condition.

61 . If the Licensing Court is of opinion that the application Refusal by is merely frivolous but not otherwise such court may refuse to state c'ocurTto8state a case, and shall on the request of the appellant sign and deliver ap icah«on

frivolous. No. 3717 s. 69.

1030 1958. Licensing. No. 6293

Licensing Court may be compelled to state a case. No. 3717 s. 70.

to him a certificate of such refusal but the Licensing Court shall not lefuse to state a case where application for that purpose is made to such court by or under the direction of any law officer.

62. (1) Where the Licensing Court refuses to state a case as aforesaid, the appellant may apply upon an affidavit of the facts to the Supreme Court or any judge thereof for an order calling upon such Licensing Court and also upon the respondent to show cause why such case should not be stated.

(2) The said court may make such order absolute or discharge it with or without payment of costs as it thinks fit.

(3) The Licensing Court upon being served with such order absolute shall state a case accordingly, upon the appellant entering into such recognisance or depositing such amount as hereinbefore provided.

Supreme Court to decide the case. No. 3717 s. 71.

63. The Supreme Court shall hear and determine the question or questions of law on the case so transmitted; and

(a) shall thereupon reverse affirm or amend the determination in respect of which the case has been stated; or

(b) remit the matter to the Licensing Court with the opinion of the court thereon; or

(c) may make such other order in relation to the matter and as to costs as to the court seems fit—

and all such orders shall be final and conclusive on all parties.

Case may be remitted for amendment. No. 1717 s. 7Z

64. The Supreme Court shall have power if it thinks fit to cause the case to be sent back for amendment; and thereupon the same shall be amended accordingly; and judgment shall be delivered after it has been amended.

65. No greater sum than Twenty pounds shall be allowed as costs to the appellant (if successful) in any appeal to the Supreme

No. 3717 s. 73. C O U r t .

Costs of appeal not to exceed £20.

After decision of court Licensing Court may enforce order. No. 3717 s. 74

66. After the decision of the Supreme Court in relation to any order of the Licensing Court brought before the Supreme Court by writ of certiorari or otherwise or in relation to any case stated by the Licensing Court for its opinion under this Act, the Licensing Court may enforce any order which has been affirmed or amended by the Supreme Court in the same manner as if the order so affirmed or amended had been the order of the Licensing Court.

1958. Licensing. No. 6293 1031

Registrar and Officers.

67. (1) Subject to the Public Service Act 1958 and this Act ^j1ntj™

e$ the Governor in Council may appoint a registrar of the Licensing registrar and Court and such other officers as are necessary for the purposes Licensing of this Ac t . Courts.

No. 3717 s No. 5908

(2) The person who was registrar of the Licensing Court and s. t's n>. such other persons as were officers carrying out duties under the Licensing Acts immediately before the commencement of this Act shall without further or other authority than this Act be deemed on the commencement of this Act to have been duly appointed hereunder as such registrar and officers aforesaid respectively.

(3) The registrar and such officers shall severally discharge such duties as the chairman of the Licensing Court directs.

(4) The registrar may issue any order notice or summons ReuMrar under this Ac t ; and any reference in this Ac t to clerks of f^rTorm the Licensing Cour t shall for the purposes of the exercise and ^ s o f ^ performance of any powers conferred or duties imposed on clerks courts'"14

of the Licensing Cour t include a reference to the registrar.

(5) The registrar and each clerk of the Licensing Court for Evidence ol

a licensing area shall keep a register, in such form and containing nations and

such particulars as are prescribed by the rules, of all applications uclSsi°Vhe

causes and matters before the Licensing Court in the respective Coart-

areas and of the determinat ions and orders of the Cour t thereon.

(6) Such register and also any extract therefrom certified by the registrar or clerk to be a true extract shall be prima facie evidence of the matters entered therein, and every document purporting to be such an extract and so certified shall be taken to be such an extract and so certified unless the contrary is made to appear.

Clerks of the Licensing Court.

68. (1) Clerks of petty sessions may act as the clerks of cierkso, the Licensing Court. courTs!"8

(2) The Governor in Council may appoint places at which N°: 5908s'?6:

clerks of pet ty sessions shall discharge the duties of clerks of s - 5 ( , ) ( < ° -the Licensing Cour t in respect of any specified licensing area or areas; and any clerk of petty sessions acting at such places shall discharge such duties.

(3) Until otherwise appointed the places appointed at which clerks of petty sessions immediately before the commencement of this Act discharged such duties shall be deemed to have been places appointed under this Act.

(4) In the absence of any licensing magistrate half-an-hour after the time appointed for any sitting of the Licensing Court the clerk may adjourn the court and, in any case where he has been

1032 1958. Licensing. No. 6293

so directed in writing by the Chairman of the Court, the clerk shall have power to adjourn the Court to the time and place specified in the direction.

The clerk may take depositions. No. 3717 s. 77.

69. The clerk of the Licensing Court shall take depositions in such of the cases adjudicated on by the court as the court directs but not otherwise unless requested so to do by a licensed person being a party in any such case, or his solicitor or agent appearing on his behalf.

Clerk may issue temporary licence where no objection lodged. No. 3717 s. 78; No. 5908 s. 7.

Power to registrar to grant certain unopposed permits anil extensions in name of court during period authorized by Chairman.

70= (1) Where the clerk of the Licensing Court to which an application is to be made for a temporary victualler's licence or a temporary packet licence receives no notice of objection to the granting of such application twenty-four hours at least before the day on which the application is returnable for hearing he may in the name of the court without further or other authority than this section grant in accordance with the provisions of this Act and under the seal of the said court a certificate to the applicant (as the case may be).

(2) Such certificate shall be as valid and sufficient an authority for the issue of the licence by the proper officer as if the same were issued by the said court.

(3) The foregoing provisions of this section shall extend and apply to applications for extensions of permits under sub-section (3) of section thirty-eight and for permits under sub-section (6) of section thirty-nine and section one hundred and eighty-four of this Act so as to enable the Registrar, as clerk of the Licensing Court, where no notice of objection has been received as hereinbefore provided, to grant such applications during any specified period for which he is expressly authorized so to do in writing by the Chairman of the Court.

Clerk may issue summonses. No. 3717 s. 79.

71o If no direction to the contrary is given by a licensing magistrate the clerk of the Licensing Court may issue summonses to defendants and witnesses and the parties affected or likely to be affected by the decision of the Licensing Court in all matters within its jurisdiction and such summonses shall be of the same force and effect as if issued by a licensing magistrate.

Appointment duties and powers ot Supervisor of Licensed Premises and officers to assist him. No. 5767 s. 11; No. 5908 S.9C2).

Supervisor of Licensed Premises.

72. (1) Subject to the Public Service Act 1958 and this Act the Governor in Council may appoint a properly qualified person (to be called " Supervisor of Licensed Premises ") and "such other officers as appear to the Governor in Council to be necessary to enable such supervisor to carry out his duties and functions:

1958. Licensing. No. 6293 1033

Provided that a member of the police force may be appointed as such supervisor and if he is so appointed he shall, notwithstanding anything in the foregoing provisions of this sub-section, continue during his term of office as such supervisor to be a member of the police force.

(2) It shall be the duty of such supervisor— (a) from time to time to examine and (where he thinks

necessary or the Licensing Court so requires) to report to the Court upon the state nature and extent of the accommodation for the public and the provision made for the supply and the supply of meals and refreshments to the public in the licensed premises of any licensed victualler or holder of an Australian wine licence;

(b) after consultation with any Licensing Inspector concerned, to report to the Licensing Court on every plan for proposed new licensed premises of any licensed victualler or holder of an Australian wine licence or for additions extensions or alterations to, or the re-building or reinstatement of, any existing licensed premises;

(c) in relation to any licensed premises or the premises of any registered club to make any examination and report which he thinks. proper to make or which the Licensing Court requires him to make;

(d) to appear before the Licensing Court whenever so required by the Court to assist it. -

. (3) Such supervisor and any officer authorized in writing by him (whether generally or in any particular case) may at any time enter and examine all or any part of any licensed premises or the premises of any registered club.

(4) Any person who prevents or attempts to prevent such supervisor or any such officer from entering or examining any premises as aforesaid or obstructs any such supervisor or officer in the discharge of his duties shall be liable to a penalty of not more than Twenty pounds.

(5) When any report with respect to any licensed premises, Reports..t whether made by the Supervisor of Licensed Premises or by any re1atinv

gTor *c

officer authorized by him, is received by the Licensing Court, that "remises to be report shall at all times during which the offices of the Court Se^'by'01' at Melbourne are open for business be available for perusal at Jj^,ne

sreof

and

those offices by the licensee and by the owner of the licensed premises, premises or by persons duly authorized in writing in that behalf by the licensee or by the owner of the premises; and the registrar shall as soon as practicable after the receipt by the Court of any such report give notice in writing to the licensee of the premises

1034 1958. Licensing. No. 6293

and to the person for the time being registered as owner of the premises pursuant to section two hundred and thirty-eight of this Act to the effect that the said report is available for perusal as aforesaid.

Licensing Inspectors.

73. (1) Every person who at the commencement of this Act is holding the office of an Inspector of a Licensing District or Districts shall without further or other appointment than this Act be a Licensing Inspector under this Act and shall be subject to removal from office as this section provides.

(2) The Governor in Council from time to time may — (a) appoint any person who is an officer of police not

below the rank of sub-inspector as a Licensing Inspector; and

(b) remove any person so appointed.

(3) Any Licensing Inspector may execute the duties of his office in the Licensing District and it shall not be necessary for any such inspector in any proceedings to prove his appointment as such inspector.

It shall be the duty of every Licensing Inspector— (a) to carry out or cause to be carried out the provisions

of this Act in any area in which he is acting for the time being;

(b) where no other provision is made in that behalf to take proceedings for the recovery of all penalties for offences against this Act in such area; and

(c) whenever necessary in any proceedings under this Act to appear before any court or tribunal by himself or his counsel or solicitor.

Inspectors of Liquor.

75. The persons who at the time of the commencement of this Act are holding the offices of " Inspectors of Liquor" shall without any other or further appointment than this Act continue to hold the offices of " Inspectors of Liquor " and to perform the duties thereof under the provisions of this Act.

Inspectors of 76. Subject to the provisions of the Public Service Act 1958 po?med.bc the Governor in Council from time to time may—

NO. 37i7s. 83. ^ appoint a sufficient number of persons to be called "Inspectors of Liquor";

Appointment of Licensing Inspectors. No. 3717 s. 80.

Duties of 74. Licensing Inspector. No. 3717 s. 81.

Present Inspectors of Liquor to continue in office. No. 3717 s X2.

1958. Licensing. No. 6293 1035

(b) remove any such person so appointed; and (c) fill any vacancy thereby or otherwise occurring.

77. (1) It shall be the duty of the Inspectors of Liquor to Duties of enforce and superintend the carrying out of the provisions of this Liquor.

Act and any other Act for the time being in force relating to the No-37n 8-M-quality or inspection of liquor by licensed persons and to the }i']ju r

ction of

distinctive marks or brands upon casks bottles decanters stoppers vessels cases covers wrappers bands nets tickets labels or other things containing or which have contained or are intended to contain liquor or relating to the sale of liquor on unlicensed premises. All beer intended for public use shall be subject to the inspection of an Inspector of Liquor.

(2) Any such Inspector may at all times during business inspector's hOUrS samples0

(a) enter on any licensed premises; (b) examine every room and part of such premises; (c) take an account of all liquor therein; and (d) demand select and obtain any samples of liquor which

is in or on such premises. (3) Such samples shall be sealed by the Inspector in the

presence of the licensed or other person in charge of the premises, and if such licensed or other person so desires with the seal of such licensed or other person, and on paying or tendering payment of a reasonable sum for such samples of liquor the Inspector may remove the same for the purpose of analysis or otherwise. Duplicates of such samples shall be similarly sealed and left with such licensed or other person.

(4) Every licensed or other person in charge of any premises obstructing • Inspector in

WnO course of his

(a) refuses or fails to admit any Inspector demanding to enter in pursuance of this section;

(b) refuses to permit any Inspector to select or obtain such samples;

(c) refuses or fails to furnish him with such light or assistance as he may require; or

(d) obstructs such Inspector or causes or permits him to be obstructed or delayed in the discharge of his duty—

shall be liable to a penalty of not more than Twenty pounds. (5) It shall also be the duty of the Inspectors of Liquor to

prosecute any licensed person guilty of any infringement of Part V. of the Goods Act 1958 or of any infringement of the provisions of Part XIV. of the Health Act 1958, so far as the same apply to Jiquor.

duty.

1036 1958. Licensing. No. 6293

Penalty on Inspector receiving perquisites &c. No. 3717 s. 85.

Power to appoint deputies for other olliccrs. No. 3717 s. 86

Penalty for Bribery.

78. (1) Any Licensing Inspector or Inspector of Liquor who makes or receives any fee perquisite gratuity or reward whether pecuniary or of any other sort or description whatever directly or indirectly from any person on account of anything done or to be done by him or in any way relating to his office or employment (except such as he receives from the Government or under any order or permission of the Minister) or on account of omitting to properly perform the duties of his office shall on proof thereof be dismissed from his office, and shall also on conviction be liable to imprisonment with or without hard labour for a term of not more than twelve months.

(2) Every person who directly or indirectly gives offers or promises to give any such fee perquisite gratuity or reward shall for every such offence be liable to a penalty of not less than Twenty nor more than One hundred pounds.

Deputy-Officers.

79. (1) The Governor in Council in any case in which it seems expedient may appoint some fit and proper person having the qualifications (if any) required of such officer to act as the deputy of any officer appointed or acting under this Act.

(2) Every such deputy when so acting shall exercise all the powers and duties of the officer in whose place such person is appointed.

(3) In the case of Inspectors of Liquor every such appointment shall be made subject to the provisions of the Public Service Act 1958.

Annual sitting of Licensing Court. No. 3717 s. 87; No. 5767, s. 15 (1), No. 5908 ss. 6 (a) , 14 (e) . Applications which may be made at annual sitting.

Applications which must be made al annual silting.

Power to extend annual sillinus.

PART VI.—THE ANNUAL SITTINGS.—APPLICATIONS AND OBJECTIONS.—APPLICATIONS FOR LICENCES RENEWALS AND TRANSFERS.—CERTIFICATES.—PERMITS AND AUTHORITIES.

80. (1) An annual sitting of the Licensing Court shall be held during such period in every year at such places as is or are appointed by the Governor in Council of which annual sitting one month's previous notice shall be given in the Government Gazette.

(2) Pursuant to the provisions of this Act application may be made at such sitting for the grant of any licence or permit.

(3) All applications for the renewal of licences and permits and registrations of clubs in force under this Act shall be made at such sitting.

(4) The Governor in Council may by an order extend the time for the holding of the Licensing Court by a period

1958. Licensing. No. 6293 1037

not • exceeding two months from the last day of the period appointed as aforesaid in any year and such court may accordingly be held at any time or times within such period, and when so held shall be deemed to be a continued sitting of the annual Licensing Court at which new "business may' be dealt with in accordance with this Act, notwitstanding that all business pending before such court previously to its being so extended had been concluded or that the court had been closed.

. (5) If through any neglect mistake or inadvertence on the Payment of part of any applicant or objector the court has been so extended b?sextCeanUs1Sn for the purpose of entertaining any application or objection by °l^0 him, the court may if it thinks fit either before or after entertaining Jgp,1^nl's

or deciding upon such application or objection order any such applicant or objector to pay forthwith to the clerk of the Licensing Court to be paid by him into the Consolidated Revenue any sum not exceeding Ten pounds to defray the expense of holding such extended court.

(6) The Licensing Court may at any sitting grant or renew Power to

a railway refreshment room licence for any railway refreshment court""8

room not being within the city of Melbourne or within a distance |rcenj£st0

of twenty miles thereof to any fit and proper person appointed by 0 " br " a 1 1 , w

1a

1y

s e r s

the Victorian Railways Commissioners as the sub-manager of the refreshment o rooms

railway refreshment room in respect of which the grant or renewal of the licence is sought.

Application for New Licences Permits and Renewals.

8 1 . ( 1 ) Every applicant for a licence other than a temporary personai l icence shall at tend personally at such hear ing unless hindered by applicant?of

sickness or other infirmity or for some other good and sufficient No. 3717 reason excused by the Cour t from at tendance, but subject to No85767~l:5>' section eighty-eight of this Ac t in the case of an application for a NOWMIV renewal of a licence or of a permit personal a t tendance shall not «-6<*>-be necessary.

(2) The Licensing Court whether such court consists of one Adjournment, or more magistrates or is fully constituted and whether upon the application of any party to the proceedings or not shall upon such terms as to costs or otherwise as such court may determine have full power to adjourn the hearing of any application or objection from time to time during the period of its sitting or prolonged or continued sitting to the same or any other place appointed pursuant to this Part.

( 3 ) If the sitting of the Licensing Cour t in the mon th continuance of December of any year is prolonged beyond the end "i'mSS1 where of such year to enable the Cour t to deal with the renewal Ju

eljn

imber

of any l icence ( a ) and such licence (no t being a temporary l icence) prolonged.

(a) See section 89 post.

1038 1958. Licensing. No. 6293

in accordance with the terms thereof would terminate with the end of such year it shall continue in force to the end of such prolonged sitting of the Licensing Court.

continuance (4) If in order to enable the Court to deal with the renewal iicences'.ana of any licence or of the registration of any club the period of where annual the annual sitting of the Licensing Cour t is prolonged and the prolonged. currency of such licence (not being a temporary l icence) or

registration would in accordance with the terms thereof terminate before the end of that period the licence or registration shall nevertheless continue in force until the end of the prolonged sitting of the Court.

Mode ot 8 2 . Every person who desires to obtain any victualler's licence, licence"8 or Australian wine licence, vigneron's licence, grocer's licence or NO. 3717 s. 89. billiard-table licence under this Act shall deliver to the clerk of

the Licensing Court to which the application is intended to be made and to a licensing inspector acting in the area where the premises are situated, and shall affix on the outer side or front of the principal entrance door of the said premises, or on a notice-board on the land if no building is erected thereon there to be kept until the day upon which the Licensing Court is held, notice in writing signed by such applicant setting forth the applicant's name abode and such desire at least fourteen days before he so applies, and shall publish a copy of such notice in a newspaper circulating in the place wherein the premises are situated at least seven days before he so applies.

Mode or 83. (1) Every applicant who desires to obtain any victualler's certain 8 licence, Australian wine licence, vigneron's licence, grocer's licence No^n s 90- o r billiard-table licence for new premises which it is proposed to NO! 5442 s! 2.' erect or for existing premises in their then state or which it is

proposed to alter or extend or repair shall— (a) state in the notice of application that it is proposed

to erect the premises therein described or to use in their then state or alter or extend or repair in any manner therein described existing premises (as the case may be); and

(b) at the time of giving the notice of application deliver to a licensing inspector and the clerk acting in the licensing area in which such premises are or will be situate one copy each of the plans and specifications of such proposed premises or of such existing premises in their then state or as proposed to be altered or extended or repaired (as the case may be).

(2) The Licensing Court upon the hearing of any such application—

(a) may at any stage of the proceedings from time to time permit the plans and specifications submitted for

1958. Licensing. No. 6293 1039

approval to be altered in any manner and to any extent or other plans and specifications to be substituted therefor;

(b) subject to this Act, on approval of any such plans and specifications may—

(i) grant the licence for the premises in their then state; or

(ii) approve the grant of a licence conditionally upon the premises being erected or altered or extended or repaired in conformity with the plans and specifications approved by the Court and within such period as is determined by the Court, but in such case a licence shall not be granted or issued until the Court certifies that the conditions upon which the grant of the licence was conditionally approved have been fulfilled.

(3) The Licensing Court in respect of any such application may in its discretion at any time and from time to time and whether before or after the expiration of the period determined as aforesaid upon application by or on behalf of the person to whom a conditional approval for the grant of a licence was given as aforesaid—

(a) extend for such length of time as it deems fit the period determined as aforesaid;

(b) approve such altered plans and specifications for the erection or alteration or extension or repair of the premises as the Court thinks fit, but the Court shall not so approve any altered plans or specifications which would provide a less extent or lower standard of accommodation at the premises than that which would be provided by the plans and specifications as originally approved.

(4) (a) The Licensing Court shall not take any action under the last preceding sub-section unless the applicant has—

(i) as nearly as may be in accordance with the requirements of this Act relating to the advertising of applications for new licences, advertised his intention to apply for approval of the amended plans and specifications;

(ii) served notice in writing of such intention upon all objectors to the original application.

(b) Any person who was entitled to object to the original application, whether in fact he did so object or not, may, as nearly as may be in the manner in which objections might have

1040 1958. Licensing. No. 6293

been taken to the original application, object to the application for approval of the amended plans and specifications; but such objection shall be limited to the amendments proposed to be made to the plans or specification or matters arising therefrom.

Mode of 84. Every person who desires to obtain a railway refreshment other'ucenccs. room licence a packet licence or a spirit merchant's licence shall NO. 3717 s. 9i. deliver to the clerk of the court to which the application is intended

to be made notice in writing signed by such applicant setting forth his name and abode and such desire at least seven days before he so applies and shall deliver or post by registered letter to the licensing inspector a copy of such notice at least seventy-two hours before he so applies.

Testimonials 85. (1) Every applicant for a victualler's licence billiard-table No'aTnTw ticence o r Australian wine licence shall with the notice of

application deliver to the clerk of the Licensing Court and forward to the licensing inspector testimonials as to the character and suitability of the applicant for the particular premises applied for.

(2) It shall be the duty of the licensing inspector acting in the area to make a searching investigation as to such applicant's character and suitability and as to the genuineness and value of such testimonials and to report in writing fully thereon to the court.

(3) The court in dealing with every such application shall take into consideration such testimonials and report.

Temporary 86. (1 ) Every applicant who desires to obtain any temporary No.n37i7s.93. licence under this Act shall deliver to the clerk of the court for the

place where the application is intended to be made notice in writing signed by such applicant setting forth the name and address of such applicant and such desire at least seventy-two hours before the time named therein for the application and shall deliver or post by registered letter to the licensing inspector a copy of such notice at least seventy-two hours before such time.

(2) Every such application and all objections thereto may be heard and determined by one licensing magistrate sitting in open court at the place appointed for that purpose or if such application is recommended by the licensing inspector at any place in Victoria.

(3) In the circumstances set out in section seventy of this Act such application may be granted by the clerk of the Licensing Court.

cierk of 87. (1) In all cases the notice of application shall be in such exhibit10 one of the forms prescribed as is applicable or to the like effect, notices. a n c j s i j au j j e delivered in triplicate to the clerk of the Licensing No. 3717 a. 94. - , . r °

Court.

1958. Licensing. No. 6293 1041

(2) The said clerk immediately after the receipt of such notices shall post or cause to be posted one of such notices inside and another of such notices outside on some conspicuous part of of the building or court house in which the Licensing Court is to be held.

Renewals.

88. (1) Subject to the provisions of this Act every person body ,^en

ne^ °f

corporate or firm holding a licence shall be entitled to obtain production from the Licensing Court at its annual sitting a certificate payment of authorizing the renewal of the licence on producing such licence annua tee" to and lodging it with the clerk of the Licensing Court before the first day of the said annual sitting together with an application for renewal signed by the applicant and the fee for setting down the application, provided it has hot been allowed to expire or has not been forfeited revoked of cancelled or has not become void from any cause whatever.

(2) The Licensing Court may refuse to grant a certificate of renewal of any licence if it is proved to the satisfaction of the court that it is in the year One thousand nine hundred and fifty-eight liable to be forfeited or revoked under any of the provisions of any Act hereby repealed or of this Act or in any subsequent year under the provisions of this Act.

(3) (a) No licensed-person applying for a renewal need attend in person or by his agent at the Licensing Court unless a written notice of an intention to oppose such renewal has-been served upon him at least three days before the Licensing Court hears such application.

(b) The Licensing Court may notwithstanding that no notice has been given on an objection being made adjourn the granting of any renewal to a future day and require the attendance of the holder of the licence on such day, when subject to any adjournment the case shall be heard and the objection considered as if the notice hereinbefore prescribed had been' given.

(4) When the renewal of any licence is refused for some reason personal to the licensed person—

(a) the sitting' of the Licensing Court at which such refusal is made may be adjourned if the Licensing Court thinks fit to such day not being less than twenty-one nor more than thirty days after such sitting at the same or-any other place appointed for the Licensing Court to be held at as the Licensing Court may determine;

(6) ' an application' (not being by the person so refused) for a licence of the, same description as that refused in respect of the same premises may be

Applicant for renewal need not attend court.

Refusal of licence for personal reasons.

1042 1958. Licensing. No. 6293

heard and determined at such adjourned sitting of the Licensing Court;

(c) the provisions in this Act contained as to hearing of applications objections costs giving of notices and re-hearing and otherwise relating thereto shall apply to such application as fully and effectually as if such provisions were here repeated with such alterations only as the circumstances of the case require.

89 . ( 1 ) Where any licensed person fails or neglects to apply in the manner provided in the last preceding section to the Licensing Court on or before the first day of any annual sitting for a certificate authorizing the renewal of his licence or fails or neglects to produce such licence thereat for the purpose of obtaining such renewal then if the court whether consisting of one or more magistrates is not closed it may adjourn such annual sitting for the purpose only of dealing with applications for renewals under this section to a specified day (being not less than twenty-one nor more than forty days after such sitting) to the same or any other place appointed for the holding of the court. If the court or annual sitting is closed the Governor in Council may authorize the holding in the ensuing two months of a special sitting of the Licensing Court for the purpose only of dealing with applications for renewals of such licences.

Application (2 ) If such licensed person fails or neglects to apply in the myort"ageeor manner prescribed in the last preceding section for such renewal

on or before the day to which such annual sitting is so adjourned or on or before the day appointed by the Governor in Council for such special sitting an application by or on behalf of the owner of the licensed premises or if the owner does not apply then an application by or on behalf of the mortgagee of such licensed premises for a renewal of such licence may be heard and determined at such adjourned or at such special sitting and unless the licence has been forfeited revoked or cancelled such renewal may without the production of the licence be granted to such owner in his own name or in the name of his nominee or to such mortgagee in his own name or in the name of his nominee (as the case may be) if in the opinion of the court such person (as the case may be) is a fit person to hold the licence.

(3) The person to whom such renewal is so granted shall be entitled to obtain from the court a certificate of such renewal, and such certificate and the licence issued thereunder shall have the same effect and shall confer on the person named therein the same rights and privileges and impose on him the same duties, liabilities, obligations, disqualifications, and penalties as if he had been the person licensed in respect of the premises.

Proceduie when licensee fails to apply for renewal. No. 3717 s. 96; No. 5767 s. 15(3) .

Special sitting of Licensing Court.

Person to whom renewal granted is in same legal position as if he were licensee.

1958. Licensing. No. 6293 1043

(4) The provisions of this Act relating to the renewal of Provisions'as licences objections and notices of objections thereto and the hearing iiotkes'&c.* and re-hearing and costs thereof and otherwise relating thereto shall apply to any such application as fully and effectually as if such provisions were repeated in this section with such alternations only as the circumstances of the case require.

(5) An application for renewal by or on behalf of an owner Notice of or mortgagee shall not be granted unless notice in writing of appllcatlon-intention to make such application has been given by or on behalf of such owner or mortgagee at least three days before the hearing thereof and such notice may be given by a registered post letter sent to the licensed person at his last-known address.

(6) The holding of a special sitting shall not be authorized £pp1j,ceam

until a sum sufficient in the opinion of the Minister to cover all the ordered to costs and expenses of holding such special sitting has been lodged with the Treasurer of Victoria and the adjournment of a sitting of the Licensing Court shall not be granted until a sum sufficient in the opinion of the court to cover all the costs and expenses of holding such adjourned sitting has been lodged with the clerk of the said court. After the holding of such special sitting or adjourned sitting (as the case may be) the sum so lodged shall be paid into the Consolidated Revenue.

(7) Such adjourned or special sitting as aforesaid of any Adjourned or annual Licensing Court shall be deemed to be a prolonged sitting decmedsatinR

of the Licensing Court within the meaning of sub-section (4) of pj£,/°gsed

section eighty-one of this Act.

Reports of Licensing Inspectors.

90. A licensing inspector in any case in which notice of Report of application for a victualler's licence or a renewal of a J^Stion." victualler's licence in respect of any premises is given shall three NO. 3717 s. 97. clear days before the application is to be heard furnish to the clerk of the Licensing Court for the use of the court a report containing the following particulars (that is to s a y ) : —

Licence for a New House.

(a) A full description of the house premises and furniture;

(b) A statement of the number position and distance from the house in respect of which a licence is applied for of other licensed victuallers' premises in the neighbourhood;

(c) A statement whether the applicant is a fit and proper person to have the particular licence applied for and is known to be of good character and repute;

1044 1958. Licensing. No. 6293

(d) A statement whether the premises sought to be licensed are or are not in the opinion of the inspector reporting required for public convenience and specifying what accommodation for the requirements of the public the said premises contain ;(a)

(e) A statement whether the applicant appears to be or not to be the true owner of the business of the premises proposed to be licensed.

Renewal of Licence.

(/) If the applicant has held a victualler's licence for the same premises during any part or the whole of the preceding year and is now applying for a renewal a statement as to the manner in which the house has been conducted during such year or part thereof and the character of the persons frequenting the house and if any convictions have been recorded against the licensed victualler a statement of the nature of the offences;

(g) A statement whether or not the orders (if any) of the licensing inspector and of the Licensing Court have been complied with, and whether or not the accommodation afforded by the premises is and has been kept in accordance with the requirements of this Act and is now sufficient for the requirements of the public.

Objections.

objections to 91. (1) It shall be the right and privilege of any three or renenwaisand more ratepayers in any municipal district or subdivision or of any NO. 3717 s.98; three or more citizens of any ward of the city of Melbourne s?9'o9)08(c). or city of Geelong in which the premises in respect of which a

victualler's licence grocer's licence Australian wine licence vigneron's licence temporary victualler's licence railway refreshment room licence spirit merchant's licence or billiard-table licence is sought or to which it relates are situated, or of any member of the police force or of any resident or residents in the neighbourhood or of the owner of such premises, to object either personally or by petition at any sitting of the Licensing Court to the granting or renewal of such licence.

objections to (2) The objections that may be taken to the granting of an IScencS!0* application for a licence may be one or more of the following:—

(a) That the applicant is of bad fame and character or of drunken habits or has within six months previously forfeited a licence;

(a) See sections 118 and 131 post.

1958. . Licensing. No. 6293 1045

(b) that the applicant has been convicted of selling liquor without a licence or of selling adulterated liquor within a period of three years; or

(c) if the application be for a victualler's licence— (i) that the premises in question have not the

accommodation hereby required; (ii) that the licensing thereof is not required in the

neighbourhood; (iii) that the premises are in the immediate vicinity

of a place of public worship hospital or school; or

(iv) that the quiet of the place in which such premises are situate will be disturbed if a licence is granted.

(3) The objections that may be taken to the renewal of any such licences may be one or more of the following:—

(a) that the applicant if of badfame and character or of drunken habits; or

(b) if the application be for a victualler's licence that the premises in question are not maintained' at the required standard.

(4) In any case any other objection (whether or.not of the same kind as any of the preceding objections) which appears to the Licensing Court to be sufficient may be taken.

(5) It shall not be necessary to give to the applicant any previous notice of objections to the granting or renewal of a licence; but the applicant, if he so requires, on objections being raised thereto at the hearing, shall be entitled to an adjournment thereof. * . - . ,

(6) The Licensing Court shall at the hearing of an application objections by for a victualler's licence or an Australian wine, licence entertain any petition or memorial from the ratepayers of any city town or municipal district on proof of the authenticity of the signatures thereto.

(7) If it appears to such court that a majority of-the ratepayers in the neighbourhood of the house proposed to be licensed object to the granting of the application, the Licensing Court shall refuse to grant such application.

(8) The Licensing Court in each case at its discretion shall determine what is to be deemed " the neighbourhood" for the purpose of this section.

(9) The provisions of this section with respect to objections Extension to

by members of the police force shall, so far as they relate to Supervisor ol

objections to renewals of licences, extend and apply to objections pieSt by the Supervisor of Licensed Premises.

Objections to renewal of licences

1046 1958. Licensing. No. 6293

Objections by municipalities. No. 3717 s. 99.

92. The council of any city town or municipal district may authorize any person to object on behalf of the ratepayers of such city town or municipal district (as the case may be) to the granting of any application for a victualler's licence or an Australian wine licence on any ground of objection mentioned in or authorized by the last preceding section.

Applications maybe renewed. No. 3717 s. 100.

93. (1) The refusal of any application for a licence or the renewal of a licence by reason of any informality only in the making of an application therefor shall not prevent any such application being made for a licence or for a renewal in respect of the same premises at any subsequent sitting of the Licensing Court.

(2) In case of the refusal of any application for a licence or the renewal thereof the Licensing Court refusing the same shall at the time of such refusal make known the objection or objections causing such refusal.

Costs of application. No. 3717 s. 101.

Where certain packet licences to be applied for. No. 3717 s. 102.

94. (1) If the Licensing Court refuses to grant any application for a licence or a renewal under this Act it may order payment of a sum to meet the reasonable costs and expenses of the person who has objected successfully to the granting of such application to be made to such person by the unsuccessful applicant.

(2) If the opposition to any such application appear vexatious or malicious, the Licensing Court may order payment of a sum to meet the reasonable costs and expenses of the successful applicant to be made to him by the person unsuccessfully opposing the application.

Packet Licences. 95. If any vessel in respect of which a packet licence is applied

for plies to or from Melbourne or in to or from Hobson's Bay, such application shall be made to the clerk of the Licensing Court for the Central Metropolitan licensing area, or to the clerk of the Licensing Court of such area as is appointed by the Governor in Council; and if any such vessel not plying to or from Melbourne or in to or from Hobson's Bay plies to or from Geelong, such application shall be made to the clerk of the Licensing Court for the Geelong licensing area. In all other cases such application shall be made to the clerk of the Licensing Court for the area nearest to one of the places or ports to or from which such vessel plies.

Certificate issued to Ucensee and duplicate to Treasurer. No. 3717 s. 103.

Certificates.—Payment of Fees.—Penalty for Late Payment.—Issue of Licences.

96. If the Licensing Court grants an application for a licence or the renewal thereof it shall issue to the applicant a certificate in such one of the forms prescribed as is applicable or to the like

1958. Licensing. No. 6293 1047

effect, or in such form as was in use immediately prior to the commencement of this Act, and shall cause to be transmitted to the Treasurer of Victoria or to such receiver of revenue as the Treasurer directs a duplicate of such certificate.

97. (1) Except as provided in the next succeeding section certificate to unless the sum hereinbefore required to be paid(a) for the licence non-payment

thereby authorized is paid to the Treasurer or to the receiver of ?.""!'., . . . . . . . . « i i r N° * 3717

revenue entitled to receive the same within twenty-eight days after s. 104. the date of granting of the aforesaid certificate or in the case of a conditional certificate for a proposed new house within twenty-eight days after the certificate that the conditions upon which it was granted have been fulfilled has been indorsed every such certificate shall be void.

(2) The Treasurer or such receiver shall forthwith after the receipt of every duplicate certificate and such payment issue such licence as is authorized by such duplicate.

98. (1) Notwithstanding the provisions of the last preceding P°™£$ section a certificate to authorize the issue or renewal of a licence during ten

shall during the ten days following the expiration of twenty-eight expiration of days after the date of granting or indorsing thereof (as the case d"y"

ty"elsht

may be) be sufficient authority for the Treasurer or receiver of N0.3717 revenue to receive the sum required to be paid for the licence and s'!05' also for the issue of the licence thereby authorized.

(2) No such sum shall be so received unless the applicant in Additional addition to the sum set out in the certificate also pays to the said centum on fee

Treasurer or receiver a further sum by way of fine of ten per centum on such sum.

to be paid.

(3) If the sums required to be paid pursuant to this section Time for are not paid within the period specified in sub-section (1) of this fees by owner

section the owner or mortgagee of any licensed victualler's premises wtSSJetf**6

(not being the person to whom the certificate of renewal was granted) may pay the same within seven days after the expiration of the said period and thereupon shall apply to the Licensing Court for the issue of the licence in his own name or the name of his nominee (not being the person named in the certificate of renewal); and if the Licensing Court is satisfied that the owner mortgagee or nominee (as the case may be) is a fit person to hold a victualler's licence it may at any sitting authorize the issue of the licence accordingly.

99. (1) Nothing in the last two preceding sections contained fxff

onof shall be construed as authorizing the sale of liquor in any licensed uce'nce'before victualler's premises for which a certificate has been issued after p

ea^ment0

the expiration of the licence thereof and before the payment to the N^717

(a) See sections 19-21.

1048 1958. Licensing. No. 6293

Non-application to temporary licences.

Transfer of licences No. 3717 8. 107.

Transfer on eviction of licensee.

Proof of service under last preced'ng sub-section.

Treasurer or receiver of revenue of the sum payable for the renewal of the licence therefor in pursuance of the certificate for the renewal thereof.

(2) The last two preceding sections shall not apply to a certificate authorizing the issue of any temporary licence.

100. (1) Save as in this Act provided licences not being temporary licences or railway refreshment room licences may be transferred by the Licensing Court to any person body corporate or firm of whom or which the court approves—

(a) upon the application of the holder of the licence and the proposed transferee jointly; or

(b) (in case the holder of the licence being a victualler's licence has been legally evicted from his licensed premises or deserted the same or his lease tenancy or occupation of the said licensed premises has come to an end expired or been determined by any lawful means or he has ceased to live in or carry on the business of a licensed victualler in the premises either before upon or after the end expiration or determination by any lawful means of his lease tenancy or occupation of the licensed premises and has refused or neglected to concur in the application though lawfully required so to do) upon the application of the owner or mortgagee of the premises and the proposed transferee jointly.

(2) Proof of the holder of a victualler's licence having been required to concur in an application for transfer of a licence within the meaning of this section may be made by proof that he has been so required by a registered and prepaid post letter sent to the holder at his last-known address.

Effect of transfer of a licence. No. 3717 s. 108: No. 5767 s. IS (4) .

101. Every transfer of a licence shall operate— (a) as a like licence to the transferee for the residue of the

term for which the licence was granted or (in •the case where a transfer takes place after the issue of a certificate for renewal of a licence and before the date of commencement of such licence) for the whole of the term for which the licence is to be renewed; and

(b) as a transfer of all permits granted or transferred under this Act to the holder of such licence and then in force.

Notice of intention to apply for the transfer of a licence. No. 3717 s. 109; No. 5908 s.

102. Fourteen days at least before the making of any application for the transfer of a licence notice in writing of..the intention to make such application setting forth the licensed

10.

1958. Licensmg. No. 6293 1049

premises the subject of the application the name of the present holder.of the licence and of the proposed transferee and-in case the application is to be made on behalf of the owner or mortgagee a statement that such is the fact setting forth the name of the owner or mortgagee shall be given—

(a) to the clerk of the Licensing Court at the place at which the application is intended to be made; i

(b) to the licensing inspector acting in the area in which the licensed premises are situated; and

(c) by advertisement published in some newspaper circulating in the neighbourhood, of the licensed premises.

103. Every applicant for the transfer to himself .of a victualler's Testimonials licence an Australian wine or a billiard-table licence shall with his produced by application ^deliver to the clerk of the Licensing Court testimonials f S l as to' his character and suitability for the particular premises NO. 3717 applied for. s-u0-

It shall ' be the duty of the licensing inspector to make a searching investigation as to such applicant 's character and suitability and as to the genuineness and value of such testimonials and to report in writing fully thereon to the court. The court in dealing with every such application shall take into consideration such testimonials and report.

104. N o victualler's licence which the licensee has not held Licence for the same premises for the twenty-four months preceding the uaVsierrtd application shall be transferred unless upon the consideration of twenty-four the exceptional circumstances of any case the court sees fit to ™af^7 transfer the same. s.ui;

No. 5767 s. 16.

105. Any licence (except a temporary licence or a railway £55™ °r' f refreshment room licence) may be transferred by indorsement S e e ' 0

thereon in the form prescribed or to the like effect, or in case for £•}•,!?" reasons satisfactory to the court the licence cannot .be produced NO- WW by means of an indorsement on a duplicate l icence ( a ) the issue.of which the court may in such case authorize; and for every such indorsement a fee of Five pounds shall be paid.

106. If the transfer of any licence is procured by fraud or false Transfer representation and any person procuring the same is convicted Fraud.redby

therefor such transfer may by the Licensing Cour t be- declared void ^3717 and if the Licensing Cour t thinks fit the licence may be revoked and any person, so procuring the transfer may be declared disqualified from holding a licence under this Act for a period not exceeding three years.

(a) As to duplicate licences, see section 117.

1050 1958. Licensing. No. 6293

Penalty lor procuring a transfer by fraud. No. 3717 s. 114.

Offences of transferor who transfers to his wife and vice versa imputable to transferee. No. 3717 s. 115.

107. Any person procuring the transfer of any licence by any fraud or false representation shall be liable to a penalty of not more than Fifty pounds.

108. If after any licensed person has been twice convicted of offences such person procures the transfer of such licence to his or her wife or husband (as the case may be) and after such transfer such wife or husband is convicted of any offence, the licence of the transferee shall be under the same liability to forfeiture or revocation as if the transferee had been the holder of the licence at the time the transferor was convicted of such offences and had been convicted in the place of the transferor.

Licence of a tuilway refreshment room to run with the tenancy. No. 3717 fi. 116.

109. Nothwithstanding anything hereinbefore contained in any case where the lessee's tenancy in or the period of office of any person as sub-manager of any railway refreshment rooms has ceased during the currency of any railway refreshment room licence the new lessee if a new lease of such premises is granted or if any existing lease thereof is assigned or transferred or if there is no such new lessee then the newly-appointed sub-manager of any such railway refreshment room—

(a) shall for the residue of the term for which the licence was granted be deemed to be the transferee of such licence;

(b) shall from the time he becomes the lessee or sub-manager (as the case may be) of such railway refreshment room have all the rights and privileges conferred by the licence on the licensee; and

(c) shall be subject and liable to all the duties liabilities obligations disqualifications and penalties imposed on a licensee of a railway refreshment room by this Act.

Power of Licensing Court to deal with unopposed applications outside licensing area. No. 3717 s. 117.

Certificates granted or indorsed more than twenty-eight days before end of annual sitting.

No. 3717 s. 118; No. 5767 s. 15 (5) .

110. Notwithstanding anything in this Act where in regard to any application thereunder to the Licensing Court sitting in any licensing area or to the clerk for that area no objection to such application is lodged within the time limited by this Act such application may be entertained and dealt with by the Licensing Court sitting in that or any other area.

111. Notwithstanding anything in this Act where on application to an annual sitting of the Licensing Court a certificate for a licence for the ensuing year is granted or indorsed before a day being twenty-eight days before the end of the period of the annual sitting the certificate shall be deemed and taken to have been granted or indorsed (as the case may be) on such day and that date shall be inserted in the certificate as the date of the grant or indorsement thereof.

1958. Licensing. No. 6293 1051

Deceased Licensees.—Bankruptcy &c.—Lunacy.

112. (1) In the cases provided for in this and the next two succeeding sections the business of a licensee may be carried on and licences may be transferred as provided in this and the next two succeeding sections—

(a) if the holder of a licence dies—

(i) the widow or widower (as the case may be) or any member of the family of the deceased licensee of the age of twenty-one years or upwards or any person on behalf of the family or any person of the age of twenty-one years or upwards who appears to the Court to be the executor named in the will of the deceased or, where the deceased dies intestate, to be a person entitled to share in the distribution of the deceased's estate may apply to the Licensing Court to have his or her name indorsed on the licence as agent pending the grant of probate of the deceased licensee's will or of letters of administration of the estate;

(ii) on grant of probate or letters of administration the executor administrator or trustee shall forthwith apply to the Licensing Court to have his name or the name of some nominee on his behalf indorsed on the licence;

(b) if the holder of a licence becomes bankrupt or insolvent or assigns his estate for the benefit of his creditors the official receiver trustee or assignee if in possession of the premises may apply to the Licensing Court to have his name or the name of his nominee indorsed on the licence;

(c) on the holder of a licence becoming a lunatic patient within the meaning of the Mental Hygiene Act 1958 the wife or husband (as the case may be) of the licensee or any member of the licensee's family of the age of twenty-one years or upwards or the Public Trustee may apply to the Licensing Court to have his or her name or the name of a nominee indorsed on the licence.

(2) On proof of fitness the Licensing Court may authorize such indorsement. For every such indorsement a fee of One pound shall be paid.

Power to executors trustees &c. to carry on business in case of death, bankruptcy, lunacy &c. No. 3717 s. 119; No. 4654 s. 3, No. 4963 s.2(2), No. 5908 s. 8.

1052 19.58. Licensing. No. 6293

provisions H 3 . ( l ) Every person whose name is so indorsed on any such for carrying , . v / r , . • . . . . •. onbusiness licence may carry on the business under such licence until of licence, probate of the deceased licensee's will or letters of administration N(r>":7 °f t n e estate are granted or until the licence is transferred or NO."4654S.3. renewed (as the case may be ) and shall be subject to the same

duties liabilities obligations disqualifications and penalties as if he were the licensee.

(2) No such business shall be carried on by means of an agent or nominee for a longer period than one year except by consent of the Licensing Court first had and obtained.

(3) The carrying on of any such business for a longer period than twenty-eight -days otherwise than as provided in this and the last preceding and the next succeeding sections shall be a contravention of this Act.

(4) Subject to this and the last preceding and the next succeeding sections the Licensing Court may renew any such licence in the name of any person as agent or nominee or to and in the name of any person shown to the court to be entitled to such renewal or to and in the name of any nominee of the Public Trustee:

Provided that upon proof that the estate of any deceased holder of a licence is valued at not more than Two hundred pounds the Licensing Court may renew the licence to and in the name of the widow or widower of the deceased licensee notwithstanding that probate of the will or letters of administration of the deceased licensee's estate have not been granted.

Rights and 114 . Subject to the last two preceding sections every licence executors or under this Act shall confer on the executors or administrators trators in of the licensed person the same rights and privileges and (if such See's?* executors or administrators avail themselves of such privileges) No. 3717 shall impose on them the same duties liabilities obligations

disqualifications and penalties as if such licence had been granted to them originally.

Disqualified Licensees.—Owner's Agent.—Renewal. continuance n 5 # ( j ) Where a licensed victualler either becomes personally ucencefor disqualified or has his licence forfeited or revoked, the Licensing owner's /~t * benefit in Cour t m a y — certain cases. No. 3717 (a) upon an application by or on behalf of the owner of s122- the licensed premises in respect of which the

licence was granted (where the owner is not the occup ie r ) ; and

(b) upon being satisfied that such owner has legal power to evict the occupier (if any) of such premises—

authorize an agent to carry on the business of such premises until the end of the year for which such licence was granted.

1958. Licensing. No. 6293 1053

(2) Thereupon such agent shall be subject and liable to the same duties liabilities obligations disqualifications and penalties as if he were the licensed victualler in respect of such premises.

(3) At the next annual sitting of the Licensing Court and before the expiration of such licence a renewal of such licence subject to the provisions of this Act may be granted to such owner if he has become the occupier of such premises or otherwise to his nominee being the occupier.

116. The provisions of this Act relating to the renewal of licences objections and notices of objections thereto and the hearing re-hearing and costs thereof and otherwise relating thereto shall apply to any application for renewal under sections one hundred and thirteen one hundred and fourteen or one hundred and fifteen or any of them as fully and effectually as if such provisions had been repeated in each of such sections with such alterations only as the circumstances of the case require.

Provisions relating to procedure to apply to application under three preceding sections. No. 3717 s. 123.

Duplicate Licences.^

117. (1) Whenever any licence is lost or destroyed or cannot be produced the licensee or other person thereby licensed may during the currency thereof apply to the Licensing Court for a certificate that such licence had been issued.

(2) The Licensing Court if satisfied with the reasons for such non-production or that such licence is lost or destroyed and that it has not been transferred forfeited revoked or cancelled or otherwise become void may grant a certificate in the form prescribed or to the like effect.

Duplicate licence may be granted on proof of loss of original licence. No. 3717 s. 124.

(3) Upon production of such certificate and on payment of a fee of One pound the issuer of such licence or his successor in office shall deliver a duplicate of such licence, which shall be of the same force as the original licence, but shall have the word " duplicate " stamped written or printed across the face of the same.

Rebuilding.—Extension.—Increase or Decrease of Area.

118. (1) In any case where— Rebuilding

alterations

(a) any licensed premises or any part thereof by fire extensions of

tempest or any other cause become unfit for the " " £ 1 ^ . carrying on of the licensee's business therein and N0.3717 require to be rebuilt; or No. 5908SS.9

1 (D(d), 11. (a) See section 105.

VOL. IV.—34

1054 1958. Licensing. No. 6293

(b) the owner or licensee of any licensed premises for the purpose of improving the accommodation desires to rebuild or alter or extend the premises—

the owner or the licensee with the consent of the owner may make application to the Licensing Court at any sittings thereof for its approval of any such rebuilding alteration or extension and the court if it thinks fit—

may by order approve of the same; and may by order authorize the licensee during the time

specified in the order to carry on his business with less accommodation than that of the premises as licensed, or without the accommodation required by this Act or on neighbouring premises, or to suspend his business wholly or in part.

(2) Seven days before the making of any such application notice of such application together with plans and specifications showing the licensed premises and the proposed rebuilding alterations or extensions shall be lodged with the clerk of the Licensing Court for the licensing area or with the registrar of the Licensing Court and a copy thereof with the licensing inspector.

(3) (a) Upon proof that additional accommodation is required for the convenience of the public at any licensed victualler's premises the Licensing Court may at any sittings order the owner of the licensed premises to provide within a reasonable time to be set out in the order the accommodation specified in the order.

(b) Fourteen days' notice of intention to make application for any order under this sub-section shall be given to the owner and to the occupier of the licensed premises and to the registrar of the Licensing Court or the clerk of the Licensing Court for the licensing area.

(4) The Licensing Court may at any sittings on application by the licensing inspector or the Supervisor of Licensed Premises order that the licensed premises of any licensed victualler or holder of an Australian wine licence be securely enclosed and separated from adjoining or non-licensed premises.

(5) Where the Licensing Court approves of or orders the rebuilding alteration or extension of any licensed premises or the provision of additional accommodation or the erection of new buildings or the enclosing of licensed premises or the separation of licensed premises from other premises—

(a) the court may if it thinks fit authorize an increase or decrease of the area licensed and thereafter renew the licence for the premises with the area so increased or decreased;

Notice of application with plans &c

Power of court to order additional accom­modation.

Power of court to order enclosure of premises or separation from other premises.

Powers of court on approval or order for rebuilding &c.

1958. Licensing. No. 6293 1055

(b) where a time is specified by the Licensing Court for Extension of the carrying out of any work and the work is not completion, completed within the time specified the court upon application made for the purpose may if it thinks fit extend the time for completion and on proof of non-completion within the time as so extended or if no application is made to extend the time originally specified may cancel the licence or the certificate for the issue of the licence;

(c) if the owner fails to carry out the work within the occupier time specified the occupier of the licensed premises to carryed

may carry out the same and the provisions of outwork-section one hundred and thirty-three of this Act shall extend and apply accordingly with such adaptations as are necessary;

(d) the making of any such order shall not prevent the surrender. owner and occupier of any licensed victualler's premises from surrendering the licence and receiving compensation if such surrender is tendered within three months after the making of the order;

(e) pending the completion of any such rebuilding Temporary

alterations or extension the Licensing Court may modmion&c. renew the licence for any licensed premises notwithstanding the temporary non-provision of the required accommodation or the temporary carrying on of the business on neighbouring premises and on the completion of the work may thereafter renew the licence for the premises so altered;

(/) the court may upon application made to it in a Alteration of summary way at any time before the work |PProvedp,an

commences or while the work is in progress authorize an alteration or modification of the approved plan and specifications.

(6) The owner or licensee of any licensed premises who Penalty tor carries out or knowingly authorizes permits or suffers any aue?ationscd

rebuilding alteration or extension of those licensed premises preUmisnesed

without die authority of the Licensing Court first obtained shall be guilty of an offence against this Act and shall be liable to a penalty of not more than One hundred pounds.

119. During the reconstruction repairing or rebuilding of any B"-™"? may

licensed victualler's premises the licensed person may with the during6

consent of the Licensing Court close any bar-room in his licensed of premises. premises and cease to sell liquor therein, and the court may grant N°-2|

717

him a permit to sell liquor in a temporary bar-room on the licensed premises during such reconstruction repairs or rebuilding.

1056 1958. Licensing. No. 6293

Removal to New Site.M

rebuudfn fo' *^®* ^ Where in the opinion of the Licensing Court it is not ucensed > practicable without unusually great expenditure on the site premises on occupied by any licensed victualler's premises to maintain or keep °ear,s''eJ the same and the accommodation thereof at the standard required N o . 3717 i t . A i i • •

N1 2425-> 7 o r t 0 P r e v e n t t n e premises becoming ruinous or s.2,'2)," dilapidated, the said court on the application of the owner of the No. 5767 s. n. $^ p r e r n j s e s and with the consent of the Governor in Council

previously obtained may grant a certificate authorizing the removal of the licence to existing premises on another site or conditionally upon the erection of premises on the new site in conformity with plans approved by the court and within a time specified in the certificate, but such conditional certificate shall not take effect until the court has indorsed on such certificate a further certificate that the condition on which it was granted has been fulfilled.

(2) Notice of intention to make such application shall be given in triplicate to the registrar or clerk of the Licensing Court for the licensing area and a copy thereof and of the plans and also of the application for the final certificate shall be forwarded by the applicant to the licensing inspector acting in the area seven days before the date of hearing.

(3) The inspector shall report fully to the court prior to the hearing as to the old and new sites and buildings and also when finished as to the satisfactory completion of any new premises which are to be built.

(4) Upon the removal taking effect the clerk of the court may indorse the licence accordingly.

(5) Authority to build licensed victualler's premises on a new site or to remove the licence thereto shall not be granted unless the Licensing Court is satisfied that such removal would be likely to effect a material improvement in the facilities of the district in which the new site is situated and is desirable for the convenience of the public.

(6) Upon the hearing of any such application any three or more residents of the district in which the existing site or the new site is situated or any member of the police force may appear before the Licensing Court either personally or by a barrister and solicitor to object to such removal. The Court shall not proceed to hear any application for removal under this section until at least fourteen days after the giving of notice of intention under sub-section (2) hereof.

Temporary Cessation of Business. 121. The Licensing Court may on the application of the

applicant for a licence or for the renewal of a licence for any licensed victualler's premises in a mountainous district or within

s. 128. (a) See section 83.

Victuallers' licences in mountainous districts or on sea-coast.

1958. Licensing. No. 6293 1057

three miles of the sea coast but not within twenty miles of the Post Office situate at the corner of Elizabeth-street and Bourke-street in Melbourne, or on the application of the holder of any such licence(a) direct that no liquor be sold at such premises during the months of May, June, July, August, and September in the year for which a licence is granted or renewed by such court and that the closing of the said premises during such months shall not be considered an infringement of any of the provisions of this Act.

Substitute Packet Licence.

122. (1) Upon notice being given and application made therefor in the manner hereinafter provided and on payment of such fee as may be fixed by the Governor in Council the Licensing Court may grant permission in writing and under the seal of the court for any period not exceeding six months to the holder of a packet licence to sell and dispose of liquor between the hours of nine in the morning and six in the evening on any day except Sunday Good Friday and Anzac Day to any passenger on board any vessel which at any time is engaged as a substitute for the vessel for which such licence was granted.

(2) Seven days at least before the making of such application notice in writing of the intention of making the same setting forth the name of such last-mentioned vessel the name of the substitute vessel and the name of the present holder of the licence shall be given to the clerk of the Licensing Court at which such licence was granted and to a licensing inspector acting in the area and shall be published in some newspaper circulating in the neighbourhood of the place at which such court sits.

PART VII.—BREWERS' LICENCES.

123. (1) Every person body corporate or firm carrying on or proposing to carry on the trade or business of a brewer and desiring to obtain a brewer's licence shall cause the name of the applicant to be registered by the clerk of the Licensing Court for the district in which such business is to be carried on and shall also cause to be registered a particular description of the premises in which the business of brewing is to be carried on and such registration shall be renewed on or before the first day in every year not being a Sunday or public holiday. After the Licensing Court has fixed the percentage fee payable the clerk of the Licensing Court shall give to every person so registered a certificate which shall be produced when the payment for the licence-fee is made to the Treasurer of Victoria or receiver of revenue entitled to receive such fee who shall thereupon grant to such person a brewer's licence.

Substitute packet licence. No. 3717 s. 129; No. 4263 s . 2 ( 2 ) .

Registration of brewers. No. 3717 s. 130.

(a) See section 58 (20).

1058 1958. Licensing. No. 6293

Penalty for carrying on business of brewer without a licence.

(2) Such registration and certificate shall be in the form prescribed or to the like effect.

(3) Every person carrying on the trade or business of a brewer without having registered or renewed the registration of his name and premises and procured a licence as aforesaid shall be liable to a penalty of not less than Ten nor more than Thirty pounds, and no registration shall be considered complete until the licence-fee has been paid to the Treasurer or receiver of revenue entitled to receive the same.

Payment of fees for brewers' licences. No. 3717 s. 131.

124. Every person who has registered his name and premises as aforesaid shall on or before the first day of every year not being a Sunday or public holiday pay to the Treasurer or receiver of revenue entitled to receive the same the fee required by this Act to be paid in respect of a brewer's licence.

Names and situation of premises to be published. No. 3717 s. 132.

125. The clerk of the Licensing Court shall cause the names of the persons so registered and the situation of the premises so registered to be published in the Government Gazette within one month after completion of registration.

Refusal of licence to applicants violating the licensing laws. No. 3717 s. 133.

Notwithstanding anything in sections one hundred and twenty-three and one hundred and twenty-four contained—

(a) the Treasurer or receiver of revenue entitled as aforesaid may refuse to grant or renew a licence to any person who has at any time within three years of the application for or renewal of such licence as a brewer been convicted of violating any of the provisions of any Act or law relating to the customs or excise or to the vending of liquor; or

(b) the Treasurer upon conviction of any person to whom such licence has been granted or renewed may for any such violation cancel and annul such licence.

Premises to be open for inspection. No. 3717 s. 134.

127. All premises registered and licensed as aforesaid shall be open at all times to the inspection of any licensing inspector or inspector of liquor or authorized member of the police force who shall respectively have power to enter into and search all such premises.

Production ot licence on demand. No. 3717 s. 135.

5. (1) Every brewer's licence— (a) shall be exposed in some conspicuous part of the

premises respectively licensed thereby; and (b) shall be produced on demand made by any licensing

inspector or any inspector of liquor or any authorized member of the police force.

1958. Licensing. No. 6293 1059

(2) Every brewer who acts in contravention of or fails to comply with any of the provisions of this section shall be liable to a penalty of not less than Ten nor more than Thirty pounds.

129. (1) Any registered brewer may by writing under his hand or in the case of a body corporate by writing under seal indorsed upon the licence transfer such licence to any other person body corporate or firm; and unless some reason exists for which the Treasurer might lawfully refuse to grant such transferee a licence such transferee upon production and delivery up of the transferred licence shall be entitled to be registered and to have issued to him a like licence for the residue unexpired of the term comprised in the transferred licence without payment of any fee.

(2) Upon the issue of such licence the transferred licence shall be cancelled.

130. In all proceedings under this Part and in all proceedings onusof under Part X. of this Act against any person body corporate or No°37i-firm alleged to be a brewer such person body corporate or firm s-137-shall be taken to be a brewer until the contrary is shown.

PART VIII.—ORDERS OF LICENSING INSPECTORS AND SUPERVISOR OF LICENSED PREMISES CONCERNING LICENSED PREMISES.— RIGHTS AND DUTIES OF OWNERS AND LICENSEES.— SANITARY CONDITION OF PREMISES.

131. (1) Any licensing inspector or the Supervisor of Licensed Premises or an officer authorized in writing by him may from time to time enter in or upon and examine the premises of any licensed victualler or holder of an Australian wine licence and such inspector or Supervisor may serve or cause to be served an order upon any licensed victualler or holder of an Australian wine licence—

(a) whose premises require cleansing or are in a state of disrepair or are not in a good sanitary condition or do not contain the accommodation required by this Act; or

(b) who fails to properly provide for the services required under this Act or to properly enclose his licensed premises or separate his licensed premises from adjoining or non-licensed premises—

to take steps at once (as the case may be)— (i) to cleanse the licensed premises as required;

(ii) to effect the repairs required; (iii) to add to the accommodation; (iv) to properly provide for the services required under

this Act;

Transfer of brewers' licences. No. 3717 s. 136.

Licensing inspectors and supervisor's duties with regard to sanitary conditions and repair of premises. No. 3717 s. 138; No. 5908 s . 9 ( l ) (e ) .

1060 1958. Licensing. No. 6293

(v) to take the sanitary precautions required; (vi) to properly enclose his licensed premises;

(vii) to separate and keep separated his licensed premises from adjoining or non-licensed premises; and

(viii) to carry out the work in respect of the licensed premises set out in such order and otherwise comply with the provisions of this Act.

(2) Such inspector or supervisor shall serve or cause to be served upon the owner of such premises or (if he cannot be found) shall post or cause to be posted upon the front or principal door of such premises a duplicate of the order addressed to such owner, and such order when so posted shall be deemed to be duly served on such owner.

(3) If after the expiration of a reasonable period not less than six months from the service of any such order any such inspector or the supervisor is of opinion when such licensed premises are again examined that the licensed person has not complied with such order, he shall summon such licensed person to appear before the Licensing Court and to show cause why his licence should not be revoked on the ground that his premises—

(a) are not in a fit condition to be or continue to be licensed;

(b) do not contain the accommodation required by this Act;

(c) do not properly provide for the services required under this Act; or

(d) are not properly enclosed or kept separate from adjoining or non-licensed premises.

(4) Upon proof of the serving of such order and of the non-compliance therewith and that the premises are not in conformity with the requirements of this Act, the Licensing Court shall order such licence to be revoked and such licensed person to close his premises forthwith.

(5) If such licensed person neglects or refuses to comply with such order of such inspector or supervisor the owner of such premises may after a reasonable time has elapsed and before the expiration of six months from the date of service of or posting of such duplicate order as aforesaid enter in and upon the said premises, and by himself his agent or his workmen do all things required of the said licensed person by such order; and such entering shall not be deemed a trespass or affect in any manner the rights (if any) of such owner as against such licensed person.

Effect of licensee's non­compliance with inspector's or supervisor's order.

Non­compliance may cause revocation of licence.

Owner may carry out inspector's or supervisor's orders.

1958. Licensing. No. 6293 1061

132. If any such licensed person or the owner of such premises Licensed feels himself aggrieved by any order made by any such inspector appeal from"1' or the supervisor— Sector or

(a) for the cleansing or repair of his premises or for the No. 3717 ' taking of any required sanitary precautions or for Nofskra the adding to the accommodation thereof; s.9(o (/).

(b) for properly providing for any services required by this Act; or

(c) for properly enclosing his licensed premises or separating or keeping separated his licensed premises from any adjoining or non-licensed premises—

he may within fourteen days from the service of such order lodge an appeal(a) with the clerk of the Licensing Court calling upon such inspector or the supervisor to show cause why his order should not be modified or disallowed.

133. (1) Where the occupier of any such premises is not the occupier owner thereof and is not under covenant or agreement with the repaldljy0 be

owner to do any or all of the matters which any such inspector °^fa

or the supervisor is authorized to require such occupier to do expenditure. under the provisions of this Act— ^wo717

/ \ * i - i - i i i • No. 5908

(a) the owner shall pay to such occupier any money s .9(un­expended by him in that behalf in doing matters which he had not covenanted or agreed with such owner to do;

(b) in default such occupier shall, in addition to any other remedy which he has, be entitled to retain possession of the premises at the same rental he was paying at the time the expenditure was incurred until the rent accruing is sufficient to repay him the money expended as aforesaid; and

(c) such rent may be retained by him, and the authority of this Act shall be an answer to any action by the owner for the recovery of the same.

(2) The occupier shall pay to the owner during the remainder of his tenancy by way of increase in the rent an amount at the rate of Six pounds per centum per annum on the total amount expended by the owner or occupier on his behalf as aforesaid.

134. (1) Every licensed victualler shall thoroughly cleanse sanitary and disinfect all the rooms passages stairs floors windows doors precautions. walls ceilings closets cesspools and drains of the licensed premises * °«?17

to the satisfaction of and so often as is required by or in accordance f.%'fi)\h). with any written order of a licensing inspector or the Supervisor of Licensed Premises.

(a) See section 57 (1) (e).

1062 1958. Licensing. No. 6293

(2) If such licensed victualler refuses or neglects to comply with the order of such inspector or supervisor, the Licensing Court may direct the licensed premises to be closed until such order is obeyed.

Duty of licensee as to sanitary mutteis. No. 3717 s. 142; No. 5908 ss. 9 (1) <0 (/),: 1Z

135. (1) Every licensed victualler or holder of an Australian wine licence or holder of a billiard-table licence shall—

(a) cause his licensed premises to be furnished with proper sanitary appliances including closets and urinals sufficient for any lodgers servants or inmates of the premises and shall during the hours when the sale of liquor to the public or the use of the billiard-tables therein by the public is permitted in such licensed premises keep at least one closet and urinal open and available for the general public;

(b) maintain such appliances and any room or place in which they are in good sanitary condition; and

(c) keep his licensed premises free from offensive or unwholesome matters.

Penalty.

(2) Every licensed victualler or holder of such a licence who acts in contravention of or who fails to carry out the provisions of this section or any of them and every person who defaces by obscene writing or drawing or who pollutes any such room or place or appliances shall be liable to a penalty of not more than Ten pounds.

Power to Inspector and Supervisor to serve notice.

(3) Without affecting the liability of any person for any contravention of or failure to carry out the provisions of this section or any of them any licensing inspector or the Supervisor of Licensed Premises may in the manner provided in section one hundred and thirty-one of this Act serve or cause to be served a notice on any licensed victualler or holder of such a licence or on the owner of the licensed premises requiring him to carry out the provisions of this section or any of them, and thereupon the provisions of sections one hundred and thirty-one to one hundred and thirty-three shall apply as effectually as if re-enacted herein.

(4) In the exercise of his powers and functions under this Part the Supervisor of Licensed Premises may act either upon an inspection of the premises carried out by himself or upon a written report of an officer authorized by him pursuant to section seventy-two of this Act.

1958. Licensing. No. 6293 1063

PART IX.—FORFEITURE, REVOCATION, AND SUSPENSION OF LICENCES.—DISQUALIFICATION OF LICENSED PERSONS AND PREMISES.—NOTICES TO AND APPEALS BY OWNERS.— AVOIDANCE OF REFRESHMENT ROOM LEASES.

136. The provisions of this Par t relating to forfeiture ^gg^JJ revocation and disqualification shall be deemed to be in addition forfeiture to and not in substitution for the provisions of Par t VTII. and ^3*17

ve ' Par t X . relating to such matters or any of them. s-143-

137. A conviction for any offence against this Act shall not ^r t too? after three years from the date of such conviction be admissible in years not evidence for the purpose of subjecting any licensed person or No.37n licensed premises to disqualification or any licence to revocation s144- :

or suspension. ( a )

138. ( 1 ) If any licensed person is convicted of felony or conviction ior perjury or of any other infamous offence he shall ipso facto forfeit wo?ks&c' his licence. SuSSS.

No. 3717 s. 145.

( 2 ) In addition to any other powers conferred upon it the power to Licensing Court may at any time revoke a spirit merchant 's licence merchant"11

if the licensee has been convicted of any offence against this Act. licence.

s. 146.

139. ( 1 ) Upon the complaint of any person that any Revocation victualler's licence has been issued or renewed contrary to any of fmproperiy the provisions of this Act, or that such victualler's licence has been {££££?.or

obtained or renewed by any fraud or false representation the No.yin Licensing Cour t—

(a) may summon the person to whom such victualler's licence has been issued or renewed to appear before it;

(b) shall proceed to hear and determine the matter of the said complaint in a summary manner;

(c) may upon such hearing or in default of appearance of the person summoned determined and adjudge that such victualler's licence for any of the causes aforesaid ought to be revoked; and

(d) shall thereupon order and adjudge that such victualler's licence is and stands revoked accordingly.

(2) Upon the making of such order— (a) such victualler's licence shall be and become

inoperative and of no effect; and (b) the person to whom such victuallers licence has been

issued or renewed in consequence of any fraud or false representation shall thereafter during the full

(a) Compare section 222.

1064 1958. Licensing. No. 6293

period of three years be disqualified from obtaining any further or other victualler's licence under this Act.

Obligations of licensed victualler and Australian wine licence holder as regards attendance, management, and maintenance. No. 3717. s. 147: No. 5767 s. 18.

(1) Every licensed victualler or holder of an Australian wine licence who—

(a) permits any person to manage superintend or conduct the business of his licensed premises during his absence for a longer period than twenty-eight days in any one year without the previous consent in writing of the Licensing Court;

(b) whether present in such premises or not permits any unlicensed person to be in effect the keeper thereof;

(c) fails to maintain such premises and the accommodation thereof at the standard hereby required; or

(d) allows such premises to become ruinous or dilapidated—

shall be liable to have his licence revoked by the Licensing Court. (2) A licensed victualler or holder of an Australian wine

licence shall not absent himself (except pursuant to the previous consent in writing of the Licensing Court as aforesaid) from his licensed premises unless he appoints in writing some responsible person to be in charge of the premises during his absence and causes such written appointment to be placed in some prominent position in such premises.

(3) Any licensed victualler or holder of an Australian wine licence who contravenes the provisions of the last preceding sub-section shall be liable to a penalty or not more than Twenty pounds.

Where dilapation is caused by accident, time be allowed for reinstatement. No. 3717 s. 148.

141 . If any premises in the last preceding section mentioned have become ruinous or dilapidated by reason of fire tempest or other cause beyond the control of the licensee, the licence shall not be revoked until a reasonable time has elapsed for the reinstatement of such premises.

Disqualifi­cation of licensed person and licensed premises on repeated convictions. No. 3717 s. 149.

142. (1) If any licensed person is convicted— (a) of suffering or permitting any person to play any

unlawful game or sport in or upon his licensed premises contrary to the provisions of this Act;

(b) of suffering or permitting prostitutes thieves drunken or disorderly persons to be in or upon his licensed premises contrary to the provisions of this Act;

1958. Licensing. No. 6293 1065

(c) of allowing in his licensed premises any person apparently under the age of eighteen years to be supplied with liquor for consumption on the premises;

(d) of knowingly selling or keeping or exposing for sale any liquor mixed with any deleterious ingredient or any extract or compound of any deleterious ingredient contrary to the provisions of this Act; or

(e) of bribing or attempting to bribe any constable— and if such conviction and two previous convictions for any of the JJc?,?ce

d aforesaid offences (whether of the same kind or of different kinds) conviction of

are proved before the Licensing Court to have been made against him within three years of the first of such convictions the Licensing Court shall revoke his licence and declare him to be a person disqualified from obtaining or holding any further or other licence for a period of three years from the date of the third conviction.

(2) If the three convictions aforesaid were made against such licensed person while he was licensed in respect of the same premises, the premises in respect of which his licence is held shall, unless the Licensing Court thinks fit otherwise to order, be disqualified from having a licence under this Act granted in respect thereof for a period of two years from the date of such third conviction.

third offence.

(3) If three different persons being at different times licensed in respect of the same premises are within two years convicted of offences mentioned in this section (whether of the same kind or of different kinds) the Licensing Court may order the licence for such premises to be suspended for any period not exceding three months.

(4) During the period any such licence is suspended it shall not be lawful to sell any liquor on any such premises, but after the expiration of the period of suspension the licence shall be of the same force as if it had not been suspended.

(5) Any person selling liquor on any premises during the suspension of the licence shall be deemed to sell such liquor without a licence.

Power to suspend licence in case of conviction of three different holders within two years in certain cases

143. If a victualler's licence in respect of the same premises (whether for the time being held by the same or different persons) is forfeited on two several occasions within a period of two years, the premises shall be liable to be disqualified by the Licensing Court for one year from the date of the last forfeiture from having a licence under this Act granted in respect thereof.

Disqualifi­cation of premises. No. 3717 s. 150.

144. Where any licensed person (not being the owner of his Notice of licensed premises) is convicted of an offence under this Act it shall to owners.

be the duty of the clerk of petty sessions forwith to forward notice ^°'s"17

1066 1958. Licensing. No. 6293

Notice to be given to owner of dis­qualification of premises. No. 3717 s. 152.

Non-service of notice of conviction.

Owner's inability promptly to evict licensee.

of such conviction to the registrar of the Licensing Court who shall forthwith serve notice of such conviction on the owner of such premises.

145. (1) Where any order has been made declaring any licensed premises to be disqualified for any period from having a licence under this Act granted in respect thereof, the Licensing Court making such order shall where the owner is not the occupier cause a copy of such order to be served on the owner of such premises with the addition or a statement that a sitting of the Licensing Court will be held at a time and place therein specified at which the owner may appear and appeal against such order on all or any of the following grounds but on no other grounds:—

(a) That notice or notices of a prior conviction or convictions without which the premises would not have been liable to be disqualified has or have not been as required by this Act served on the owner;

(b) That the offence in respect of which the final conviction and the disqualifying order were made occured so soon after the receipt of such notice or the last of such notices that the owner notwithstanding he had legal power to evict the occupier could not with reasonable diligence have exercised that power in the interval which occurred between the service of the said notice or the last of the said notices and the offence in respect of which the final conviction and the disqualifying order were made.

(2) If the owner appears at the time and place specified and at such sitting or any adjournment thereof satisfies the court that he is entitled to have the order declaring the premises to be disqualified cancelled on any of the grounds aforesaid, the Licensing Court shall thereupon direct such order to be cancelled and the same shall be void.

Postponement of revocation of licence pending appeal. No. 3717 s. 153.

Ipso facto forfeiture may be stayed pending determination of order to review. No. 3717 s. 154.

146. (1 ) The Licensing Court may postpone the operation of any order of revocation cancellation suspension or disqualification till after the determination of any question or questions of law arising on a special case stated or to be stated or until further order.

(2) The Supreme Court on any application under section sixty-two may in like manner suspend the further operation of any such order.

147. On any application for an order to review a conviction by which a licence is ipso facto forfeited the Supreme Court or a judge thereof may suspend the further operation of such conviction until such order to review is made absolute or discharged or until further order.

1958. Licensing. N o . 6293 1067

148. ( 1 ) Notwithstanding anything in this Act contained n o Lease of railway refreshment room licence shall be forfeited or liable to be refreshment revoked or suspended by reason of the conviction of the holder of forfeited* such licence of any offence. ucencl0'

No. 3717 ( 2 ) If any person being either the lessee or the sub-manager of s. 155.

any railway refreshment room is convicted of any offence which but for this section would result in the licence being forfeited or liable to revocation or suspension, then in the case of any person being such a lessee the lease of such person of such refreshment room shall be liable to be revoked and avoided at the discretion of the Licensing Court , and such court may declare such lessee or sub-manager disqualified from holding a licence for any period determined by any law in force in that behalf, or if no such period is otherwise determined, for any period not exceeding one year.

149. If any lessee or sub-manager of any railway refreshment Effect of ciis-room is declared disqualified from holding a licence, such lessee's §nessee'c.rn

lease of such refreshment room shall become void or (as the case ^™anB8er-may be ) such sub-manager shall cease to be capable of holding s.1'56. office as sub-manager of a railway refreshment room; and such incapacity shall continue throughout the period of disqualification.

150. N o person who has been disqualified from obtaining or Disqualified holding a licence shall during the period of his disqualification become lessee become authorized to sell liquor by becoming the lessee or r

>oorm!way

sub-manager of a ra i lway refreshment room. NO. 3717

P A R T X . — D U T I E S AND L I A B I L I T I E S O F L I C E N S E D P E R S O N S AND O T H E R S . — P O W E R S O F J U S T I C E S AND P O L I C E . — P R O H I B I T I O N O R D E R S .

1 5 1 . Notwithstanding anything in this Act nothing done Nothing done suffered or omitted by any person in pursuance of any subsisting o t a ™ 1 1

permit permission or authority lawfully granted under this Act and °sr,oe™a?

Ion

in accordance with the terms and conditions of such permit offence-permission or authority and the provisions of this Act relating NTsi?17

thereto shall be an offence under this Act .

152. ( 1 ) Every licensed person who contravenes or permits Penalty or suffers in his licensed premises a contravention of any of the expressly provisions of this Act for which no penalty is expressly enacted ^ ^ j ' 7 shall be liable for a first offence to a penalty of not more than Five s-W pounds and for a second or subsequent offence of the same kind to a penalty of not less than Two nor more than Ten pounds.

(2) Every person (not being a licensed person) who is guilty General of any contravention of or failure to observe any of the provisions SffcncLf0' of this Act for which a penalty is not expressly provided shall be liable to a penalty of not more than Ten pounds.

1068 1958. Licensing. No. 6293

Unlawful supply by persons other than licensee. No. 3717 s. 160.

153. Every person other than the person licensed in respect of any licensed premises who in such premises supplies liquor to any person in such circumstances that if such liquor was supplied by the licensed person he would be liable to a penalty shall unless some penalty is expressly provided therefor be liable to a penalty of not more than Ten pounds irrespective of any liability that may attach to the licensed person in respect of or arising out of the same circumstances.

Penalties on sales by unlicensed persons or by servants of licensed persons contrary to licence. No. 3717 s. 161.

Consumption or intended consumption of liquor on premises prima facie evidence of sale.

154. (1) Every person who (except as the agent or servant of a licensed person and then only in accordance with such person's licence) sells any liquor without a licence authorizing such sale—

(a) shall be liable for a first offence to a penalty of not less than Twenty-five nor more than Fifty pounds or to imprisonment with or without hard labour for a term of not less than three nor more than six months;

(6) shall be liable for a second and any subsequent offence to imprisonment with or without hard labour for a term of not less than six nor more than twelve months; and

(c) shall also in the case of a first as well as any subsequent offence forfeit all liquor in his possession with the vessels containing the same.

(2) Any person convicted as aforesaid shall remain in custody until either the fine is paid or the term of imprisonment awarded in default of payment of such fine has expired.

(3) In the case of a conviction for a second or a subsequent offence such person shall be liable to be declared by the Licensing Court to be a disqualified person for a period of eighteen months.

(4) Proof of consumption or intended consumption of liquor on any premises by any person other than the occupier of such premises shall as against such occupier be prima facie evidence in any proceedings under this section that such liquor was sold to the person consuming or being about to consume or carrying away the same.

Search warrant granted in certain cases. No. 3717 s. 162.

155. (1) Upon information on oath before any justice by any person that he believes that in any house or place liquor is sold by any other person without a licence authorizing such sale(o)

such justice shall grant his warrant to any member of the police force—

(a) to enter and search such house or other place; (b) to seize and take or cause to be seized and taken all

liquor therein and any vessel or vessels containing such liquor; and

(a) As to police control over such houses, see section 48.

1958. Licensing. No. 6293 1069

(c) to detain all property so seized in order that it may be dealt with in due course of law.

(2) Notwithstanding anything in any Act or any law to the contrary any such warrant may be executed at any time by day or by night.

156. (1) Every person who either by himself or his agent or servant carries about for sale or exposes for sale in any highway or footpath or in any house or place or in any boat or vessel or in any place whatsoever any liquor which he or his principal or master is not licensed to sell shall be liable to a penalty of not less than Two nor more than Fifty pounds and to imprisonment with or without hard labour for a term of not more than four months.

(2) The court before which the information is heard may also make an order forfeiting any such liquor and the vessels and utensils used for containing drinking or measuring such liquor and any cart dray or other carriage and any boat or vessel and any horse or other animal used for carrying about such liquor or in the conveyance thereof.

(3) The fact that liquor is being carried about or is in the course of being carried about or is on the way from one place to another shall be prima facie evidence that such liquor was being carried about or exposed for sale.

Power to execute search warrant by day or by night.

Penalty for carrying liquor about for sale. No. 3717 s. 163.

157. (1) Any member of the police force or an inspector of Seizure of

liquor may seize and take or cause to be seized and taken away— \'o"°litbyosc

unlicensed

(a) all liquor which he has reasonable cause to suspect is persons. carried about or exposed for sale as aforesaid; ^"m111

(b) all vessels and utensils used for containing measuring or drinking such liquor; and

(c) any cart dray or other carriage and any boat or vessel and any horse or other animal used for carrying about such liquor or in the conveyance thereof.

(2) Any such member of the police force or inspector of liquor may detain all property so seized in order that it may be dealt with in due course of law.

158. (1) All property seized under the provisions of sections Property

one hundred and fifty-five and one hundred and fifty-seven may be declared to be forfeited if the court is satisfied that the liquor in such sections referred to was kept or carried about or exposed for the purpose of being illegally sold or disposed of contrary to the provisions of sections one hundred and fifty-four or one hundred and fifty-six.

(2) An appeal to the court of general sessions shall lie from any order of forfeiture made under the provisions of this section.

seized may be forfeited. No. 3717 s. 165.

1070 1958. Licensing. No. 6293

Adulteration of liquor. No. 3711 s. 166.

Forfeiture of liquor.

Revocation of licence.

159. (1) Subject to any express enactment to the contrary every person who knowingly sells or disposes of or keeps or exposes for sale or disposal any liquor (in this Act referred to as adulterated liquor) in which is mixed any of the following materials or substances each of which is for the purposes of this Act to be deemed a deleterious ingredient:—

(a) Cocculus indicus nux vomica aloes faba amara grams of paradise cannabis indicus chloride of sodium otherwise common salt copperas opium Indian hemp strychnine tobacco tobacco juice darnel seed extract of logwood salts of zinc or lead alum;

(b) Any ingredient which is poisonous or deleterious to health; or

(c) Any extract decoction infusion preparation or compound of any of the ingredients already mentioned in this section—

shall be liable for a first offence to a penalty of not less than Ten nor more than Fifty pounds, and for a second or any subsequent offence to a penalty of not less than Twenty nor more than One hundred pounds, or to imprisonment with or without hard labour for a term of not more than three months, and on conviction for a second or any subsequent offence to be declared by the Licensing Court to be a person disqualified from obtaining or holding any further or other licence for a period not exceeding three years.

(2) The court before which the information is heard may also in the case of the first or any subsequent offence make an order forfeiting all adulterated liquor in the possession of the defendant and all vessels containing such liquor.

(3) When the person so convicted is a licensed person, he shall further in the case of a second or any subsequent conviction be liable to have his licence revoked, and the premises in respect of which such licence is granted shall be liable to be declared by the Licensing Court disqualified for a period of not less than one year nor more than three years from having a licence under this Act granted in respect thereof.

(4) For the purposes of this Part regulations may be made by the Governor in Council on the recommendation of the Food Standards Committee under Part XIV. of the Health Act 1958 declaring any ingredient or material to be deleterious to health and on any such regulations being published in the Government Gazette such ingredient or material shall be deemed to be a deleterious ingredient and any liquor in which any such ingredient or material is mixed shall be deemed to be adulterated liquor.

Penalty for not keeping placard posted. No. 3717 s. 167.

160. (1) Where a licensed person is convicted of any offence under the last preceding section and his licence is not revoked in consequence of such conviction an officer not below the rank of

1958. Licensing. No. 6293 1071

sub-inspector of police in the place or district shall cause a placard stating such conviction to be affixed to the premises.

(2) Such placard shall be of such size and form and shall be printed with such letters and shall contain such particulars and shall be affixed to such part of the licensed person's premises as the said police officer thinks fit.

(3) Such licensed person shall keep the same affixed during two weeks after the same is first affixed; and—

(a) if he fails to comply with the provisions of this section with respect to keeping affixed such placard;

(6) if he defaces such placard or allows it to be defaced; or (c) if the same is defaced and he fails forthwith to renew

the same— he shall be liable to a penalty of not more than Forty shillings for every day on which the same is not affixed or not so undefaced, and any member of the police force may re-affix such placard or affix a new placard to the same effect during the said two weeks.

(4 ) Upon the complaint of any member of the police force that such placard has not been kept affixed for the full period or has been defaced during such period a court of petty sessions may—

(a) authorize any member of the police force to re-affix such placard or to affix a new placard to the same effect for a further period of two weeks;

(b) exercise this power again and again until a placard is kept affixed and undefaced for a full period of two weeks; and

(c) on the hearing of any such complaint make an order as to costs as it thinks fit.

(5) The provisions of tjiis section shall so far as applicable be taken to refer to any such new placard and to any such further time or times in the same way as they refer to the original placard and period.

161. (1) Every licensed person who has in his possession or Possession ci \ i i • • adulterated in any part of his premises— uqUor.

(a) any adulterated liquor knowing it to be adultered; or sNi'6"17

(b) any of the deleterious ingredients mentioned in this Act for the possession of which he is unable to account to the satisfaction of the court—

shall be deemed knowingly to have exposed for sale adulterated liquor on such premises.

(2) In this section " licensed person " includes a licensed brewer.

1072 1958. Licensing. No. 6293

Deleterious drugs not to used in beer. No. 3717 s. 169.

Penally for possession of deleterious drugs.

162. (1) Every brewer who uses or causes or permits to be used in the brewing of any beer ale or porter or who puts into or mixes therewith or the worts thereof—

(a) any cocculus indicus nux vomica tobacco tobacco juice opium aloes faba amara grains of paradise cannabis indicus or any extract decoction infusion preparation or compound thereof; or

(b) any other deleterious or poisonous matter or thing— shall for a first offence be liable to a penalty of not more than Two hundred pounds and on a second or any subsequent offence shall be guilty of a misdemeamour and upon conviction shall be liable to a fine of not more than Five hundred pounds and to imprisonment with or without hard labour for a term of not more than two years irrespective of any other penalties imposed by this Part and all such beer ale porter and worts shall be forfeited and may be seized by an inspector of liquor or a licensing inspector or authorized member of the police force.

(2) Every brewer or retailer of beer who has in his possession otherwise than for some medicinal or domestic purpose the proof of which shall lie on him any of such drugs or substances or any extract decoction infusion preparation or compound thereof shall be liable to a penalty of Fifty pounds and all such deleterious substances found in the possession of such brewer or retailer of beer may be seized by an inspector of liquor or authorized member of the police force and shall be forfeited.

Penally for selling to brewer deleterious drugs. No. 3717 s. 170.

Warrant to search for adulterated liquor and deleterious ingredients. No. 3717 s. 171.

Seizure and analysis of adulterated liquor.

163. Every person who knowingly sells disposes of sends or delivers to any maker vendor or retailer of beer ale or porter any cocculus indicus nux vomica tobacco juice opium aloes faba amara grains of paradise cannabis indicus or any extract decoction infusion preparation or compound thereof otherwise than for some medicinal purpose the proof of which shall lie on the defendant shall be liable to a penalty of Fifty pounds.

164. Upon information on oath before any justice by any person that he believes that any other person in any house or place sells or disposes of or keeps or exposes for sale or disposal any adulterated liquor or that any other person in any house or place has in his possession any deleterious ingredients for the purpose of being put into or mixed with liquor or any beer ale porter or worts containing any of the ingredients mentioned in section one hundred and sixty-two such justice may grant his warrant to any member of the police force to enter and search such house or place; and—

(a) to seize and take or cause to be seized and taken all liquor which he believes to be adulterated and all ingredients which he believes to be deleterious ingredients kept for the purpose of being mixed with

1958. Licensing. No. 6293 1073

liquor and all beer ale porter or worts which he believes contain any of the ingredients mentioned in section one hundred and sixty-two and all vessels containing such liquor or ingredients or beer ale porter or worts;

(b) to submit a reasonable quantity of such liquor or ingredients or beer ale porter or worts for analysis; and

(c) on learning the result of such analysis either to return the property so seized or any part of it to the person in whose possesion it was seized or to detain such property or any part of it in order that it may be dealt with in due course of law.

165. All property seized under the provisions of section one Forfeits of hundred and sixty-four may be declared to be forfeited if the uq"io?rored

court is satisfied— ^ S l (a) that the liquor in such section referred to was N0.3717

adulterated; or (b) that the ingredients therein referred to were deleterious

and were intended to be mixed with liquor; or (c) that the beer ale porter or worts therein referred to

contained any of the ingredients mentioned in section one hundred and sixty-two.

166. (1) Such amount as the court considers reasonable and Expenses of fixes for expenses incurred in any analysis under and in pursuance De ordereday

of section one hundred and sixty-four or in any analysis of [ convicted samples of liquor removed by an inspector of liquor under the defendant. provisions of section seventy-seven shall if such licensed or other *°-,"17

person is convicted of an offence under section one hundred and fifty-nine one hundred and sixty-two or one hundred and sixty-three be deemed to be a portion of the costs of the proceedings against him, and shall be paid by him accordingly.

(2) In any such proceeding taken after an analyst has given his certificate the production of the certificate shall be sufficient evidence of the facts therein stated unless the defendant requires the analyst to be called as a witness.

167. (1) Every licensed person shall cause to be painted or Name of fixed and shall keep painted or fixed on the front of the premises "m don0 be

in respect of which his licence is granted in a conspicuous place Premises-and in letters three inches at least in length his name with the s?°747n

addition (thereafter) of the word " licensed" and of words sufficient to express the business for which his licence has been granted, and no person shall have any words or letters on his premises importing that he is licensed in any way other than that in which he is in fact duly licensed.

1958. Licensing. No. 6293

(2) Every licensed person who acts in contravention of or who fails to comply with the provisions of this section shall be liable for a first offence to a penalty of not less than Two nor more than Five pounds, and for a second or any subsequent offence to a penalty of not less than Two nor more than Ten pounds.

(3) The name or sign of any licensed premises shall not be changed without the previous consent of the Licensing Court.

Penalty for supplying liquor to intoxicated persons. No. 3717 s. 175; No. 5767 s. 19(1) .

(1) Every licensed person who either in his licensed premises or on any of the appurtenances thereto supplies any liquor to any person in a state of intoxication shall be liable to a penalty for a first offence of not more than Twenty-five pounds and for a second or any subsequent offence to a penalty of not more than One hundred pounds.

(2) Every person offending against this section shall also in case of a third as well as any subsequent offence be liable to be declared by the Licensing Court to be a person disqualified from obtaining or holding any further or other licence for a period not exceeding one year.

Aiding drunkards to get liquor. No. 3717 s. 176; No. 5767 s 19 (2).

Unauthorized sales. No. 3717 s. 177; No. 5767 ss. 2 0 ( 1 ) , 21 (1) , No. 6086 s. 11 (2). No. 6112 s. 2. Sale during prohibited hours.

Sale at place or in quantity unauthorized by licence.

Penalties

169, Every person who being on any licensed premises procures or attempts to procure any liquor for any person in a state of intoxication or who aids or abets any person in a state of intoxication in obtaining or consuming any liquor shall be liable to a penalty for a first offence of not more than Ten pounds and for a second or any subsequent offence to a penalty of not more than Fifty pounds.

170. (1) Every licensed person by whom or on whose behalf or on or from whose licensed premises any liquor is sold or disposed of to or on or from whose licensed premises any liquor is permitted or suffered to be drunk by—

(a) any person whomsoever (except in the case of licensed victuallers and holders of Australian wine licences a person who is a bona fide traveller or lodger or weekly or other boarder or inmate or servant) otherwise than during the hours authorized by such licensed person's licence; or

(b) any person whomsoever otherwise than at the place and in the quantity and manner authorized by such licensed person's licence—

without affecting any other liabilities penalties or forfeitures under this Act shall for a first offence(a) be liable to a penalty of not less than Two nor more than Ten pounds, for a second or any

(a) Acts done in pursuance of a permit or permission are not an offence. See section 151.

1958. Licensing. No. 6293 1075

subsequent offence to a penalty of not less than Ten nor more than Twenty pounds, and shall on conviction for a third offence ipso facto forfeit his licence; and shall also in the case of a conviction for the third as well as any subsequent offence be liable to be declared by the Licensing Court to be a person disqualified from obtaining or holding any further or other licence for a period of not more than one year.

(2 ) The gratuitous disposal of liquor by— §ratusaTu! (a) any lodger in any room set apart for the purpose in Uquor-

any licensed premises; or (6) any licensee in a room occupied by him or reserved

for his private use in his licensed premises— to any guest of such lodger or licensee (as the case may be) for consumption in such room shall not be deemed to render such licensed person liable for a contravention of the provisions of this section.

1 7 1 . (1) Every licensed person—

(a) on whose licensed premises on Sunday or on Good Friday or on Anzac day any sale disposal or barter of or traffic in liquor takes place (except in the case of a sale or disposal by a licensed victualler or holder of an Australian wine licence to a bona fide traveller or a lodger or a weekly or other boarder or an inmate or servant)(a); or

(b) on whose licensed premises on Sunday or on Good Friday or on Anzac day any liquor is drunk (except such liquor as is drunk by a bona fide traveller or a lodger or a weekly or other boarder or an inmate or servant in the premises of a licensed victualler or holder of an Australian wine licence)—

shall for a first offence be liable to. a penalty of not less than Two nor more than Ten pounds, for a second or any subsequent offence to a penalty of not less than Ten nor more than Twenty pounds, and shall on conviction for a third offence ipso facto forfeit his licence and shall also in the case of a conviction for the third as well as any subsequent offence be liable to be declared by the Licensing Court to be a person disqualified from obtaining or holding any further or other licence for a period of not more than one year.

(2) The gratuitous disposal of liquor by— (a) any lodger in any room set apart for the purpose in

any licensed premises; or (b) any licensee in a room occupied by him or reserved

for his private use in his licensed premises— to any guest of such lodger or licensee (as the case may be) for

Sunday &c. trading. No. 3717 s. 178; No. 4263 S . 2 U ) , No. 5767 ss. 20 (2) , 2 1 ( 1 ) , No. 6112 s. 2.

Exception in favour of travellers lodgers &c.

Penalty.

Gratuitous disposal of liquor.

(a) As to bona fide travellers, see section 172.

1076 1958. Licensing. No. 6293

consumption in such room shall not be deemed to render such licensed person liable for a contravention of the provisions of this section.

" Bona fide traveller " defined. No. 3717 s. 179; No. 5767 s.22(l). No. 5892 s. 9 (a).

" Boarder " defined. No. 3717 s. 180; No. 5767 s. 14 (3) .

Burden of proof lh<u persons found on premises are travellers &c. lies on defendant. No. 3717 s. 181.

Presem-e of persons at unauthorized times evidence of sale of liquor. No. 3717 s. 182.

Defendant charged with unauthorized trading discharged on proving certain facts. No. 3717 s. 183; No. 5767 ss. 20 (3 ) , 2 2 ( 2 ; .

172. No person shall be a bona fide traveller within the meaning of that expression in this Act on any Sunday in any circumstances, or on any other day unless he—

(a) resides at least twenty miles in a direct line by the shortest practicable route from the licensed premises with respect to which the question arises; and

(b) has travelled at least that distance on the day with respect to which the question arises.

173. The expression " boarder" in this Act means one who habitually from day to day obtains his meals on the licensed premises but only while he is obtaining such meals between the hours of twelve and half-past two in the afternoon or six and ten in the evening.

174. On the hearing of any information against a licensed person for any contravention of this Act any person present on the licensed premises shall until otherwise proved by the defendant be deemed by the court hearing the case not to be a bona fide traveller lodger weekly or other boarder inmate or servant.

175. On the hearing of any information against a licensed person under section one hundred and seventy-one the presence on the licensed premises of two or more persons other than bona fide travellers lodgers weekly or other boarders inmates or servants shall be prima facie evidence of a sale of liquor having taken place.(fl)

176. (1) On the hearing of any information against a licensed victualler or holder of an Australian wine licence under paragraph (a) of sub-section (1) of section one hundred and seventy or section one hundred and seventy-one if the court is satisfied—

(a) that every person to whom the liquor was sold or supplied or by whom the liquor was drunk was a bona fide traveller or lodger or weekly or other boarder or inmate or servant; or

(b) that the defendant truly believed that such was the fact—

it shall dismiss the case as against the defendant.

(2) If the court thinks that the person to whom the liquor was sold or supplied or by whom the liquor was drunk falsely represented himself to be a bona fide traveller lodger weekly or other boarder or inmate or servant it may direct proceedings under this Act to be instituted against him.

(a) Cf. section 43.

1958. Licensing. No. 6293 1077

177. Every person not being a bona fide traveller or lodger or weekly or other boarder (as the case may be) who pretends or represents himself to any licensed person being a licensed victualler or holder of an Australian wine licence or to his agent or servant or to the person in charge of any such licensed person's premises or portion thereof to be a bona fide traveller or lodger or weekly or other boarder (as the case may be) for the purpose of buying or obtaining any liquor on Sunday or on Good Friday or on Anzac Day or during prohibited hours shall be liable to a penalty of not less than Two nor more than Twenty pounds.

178. Nothing in this Act contained shall be deemed or taken to make the supplying of liquor to any person on Sunday or on Good Friday or on Anzac Day or during prohibited hours compulsory on any licensed person.

179. (1) If any licensed person being a licensed victualler or holder of an Australian wine licence or his agent or servant elects to supply liquor to any person representing himself to be a bona fide traveller and requiring to be supplied with liquor on Good Friday or on Anzac Day or during prohibited hours then the person requiring the same shall on demand by such licensed person his agent or servant give his true name and residence and his true place of lodging during the preceding night.

(2) Every person so requiring to be supplied with liquor who does not on such demand give his true name and residence and his true place of lodging during the preceding night or who gives a false or fictitious name or residence or place of lodging during the preceding night shall be liable to a penalty of not more than Five pounds. °

180. (1) Every person not being a bona fide traveller or lodger or weekly or other boarder or inmate or servant who purchases or obtains liquor or is found drinking liquor in any licensed premises on Sunday or on Good Friday or on Anzac Day or during prohibited hours shall for every such offence be liable to a penalty of not more than Two pounds:

Provided that a person shall not be deemed to be guilty of a contravention of the provisions of this sub-section by reason only of obtaining or drinking liquor gratuitously disposed of in circumstances which would not render the licensed person liable for a contravention of the provisions of section one hundred and seventy or one hundred and seventy-one of this Act.

(2) Every person found on any licensed premises on Sunday or on Good Friday or on Anzac Day or during prohibited hours unless he satisfies the court—

(a) that he was at the time when he was so found a bona fide traveller lodger weekly or other boarder inmate or servant; or

Person pretending to be a traveller. No. 3717 s. 184; No. 4263 s . 2 ( 3 ) .

Supply of liquor on certain days not compulsory. No. 3717 s. 185; No. 4263 s . 2 ( 3 ) . Traveller to give his name and address. No. 3717 s. 186; No. 4263 s. 2(3). No. 5892 s.9(6).

Person found drinking liquor during prohibited time. No. 3717 s. 187; No. 4263 s . 2 ( 3 ) , No. 5767 83.20(4) , 21 (2) , No. 6112 s. 2.

Person on premises during prohibited time.

1078 1958. Licensing. No. 6293

Licensed victuallers or wine licensees only to serve travellers &c.

(b) that his presence on such premises at such time was not in contravention of the provisions of this Act—

shall be liable to a penalty of not more than Two pounds. (3) The exception in sub-sections (1) and (2) with regard

to a bona fide traveller lodger weekly or other boarder shall apply only in the case of the licensed premises of a licensed victualler or holder of an Australian wine licence.

Name and address of persons on licensed premises during prohibited time may be demanded by police. No. 3717 s. 188; No. 4263 s . 2 ( 3 ) , No. 5767 s. 20.

Onus of proof on licensee when person found on premises during prohibited hours.

Police may seize liquor being carried away during prohibited time. No. 3717 s. 189; No. 4263 6 . 2 ( 3 ) , No. 4264 s. 2.

(1) Any authorized member of the police force may demand from any person found on any licensed premises on Sunday or on Good Friday or on Anzac Day or during prohibited hours the name and address of such person.

(2) Every such person who on such demand being made refuses or neglects to give his name or address or gives a false name or address or produces false evidence with respect to such name or address shall for every such offence be liable to a penalty of not more than Two pounds.

(3) Every licensed person upon whose licensed premises any person is so found shall unless he proves to the satisfaction of the Court—

(a) that the person so found was on the premises for a lawful purpose; or

(b) that he or the person in charge of the premises (as the case may be) had exercised all reasonable diligence to prevent persons being thereon otherwise than for a lawful purpose; or

(c) if he or the person in charge (as the case may be) had knowledge of the presence on the premises of any person so found thereon, that he or the person in charge—

(i) believed on reasonable grounds that the person so found was thereon for a lawful purpose; or

(ii) had taken prompt action to remove from the premises the person so found thereon—

be liable to a penalty of not more than Five pounds.

182. (1) If on Sunday or on Good Friday or on Anzac Day or during prohibited hours—

(a) any liquor is drawn for sale or disposal on any licensed premises to persons other than bona fide travellers lodgers or weekly or other boarders; or

(b) any liquor is being carried away from any licensed premises on such day or within such hours—

any member of the police force may seize and take or cause to be seized and taken away any such liquor together with the vessel or utensil containing the same.

1958. Licensing. No. 6293 1079

(2) The exception as to bona fide travellers lodgers or weekly or other boarders shall apply only in the case of a licensed victualler or holder of an Australian wine licence.

183. (1) Every person who carries away liquor in any vessel cariyin/or

from any licensed premises on Sunday or on Good Friday or on lp^rb^edin8

Anzac Day or during prohibited hours shall be liable to a penalty nme. of not more than Two pounds. r°'9o717

No. 4263 s . 2 ( 3 ) .

(2) No child under the age of sixteen years shall be convicted Nochiid of an offence against this section if it is proved to the satisfaction answerable

of the cour t tha t such child was ordered or requested by some roSv'ey'Hquor. other person to obta in or convey l iquor as aforesaid.

184. (1) No person shall— uquonnor x ' r in vicinity of

(a) bring into or consume in any public hall; publichaiis. (b) supply to any person in any public hall; or NO:5767S '2 ;

(c) have in his possession or under his control in any s-24f3)-public hall—

any liquor while any dance or other entertainment is being held in such hall.

(2) No person who is attending or is proceeding to attend or has attended any dance or other entertainment in a public hall shall in the vicinity of such hall and whether in a vehicle or not consume supply or have in his possession or under his control any liquor while such dance or entertainment is being held.

(3) For the purposes of this section "public hall" means any public building registered or required to be registered under Division one of Part XI. of the Health Act 1958 and includes the part or parts of any building where any dance or entertainment is held to which admission is obtained by payment of money or by tickets or other tokens or upon payment of subcriptions either in money or by way of supplying refreshments, but does not include any part of any licensed premises.

(4) Any person who contravenes the provisions of this section shall be liable to a penalty of not more than Twenty-five pounds.

(5) The Licensing Court may grant a permit for any special occasion on a stated date permitting, subject to such conditions as are specified in the permit, liquor to be drunk within the hours and in the part of any public hall specified in the permit while any dance or other entertainment is being held in such hall, and for every such permit a fee of One pound shall be paid.

(6) The sale disposal possession control or consumption of liquor on any premises in accordance with a licence or permit granted under this Act shall not be deemed to be a contravention of this section.

1080 1958. Licensing. No. 6293

Penalty for supplying liquor to persons under the age oC eighteen years. No. 3717 s. 192.

185. Every licensed person who allows in his licensed premises any person apparently under the age of eighteen years to be supplied with liquor by purchase or otherwise for consumption on the premises shall as well as the person who actually gives or supplies the liquor be liable to pay a penalty of not less than Two nor more than Ten pounds unless it appears that the person so supplied was in fact over the age of eighteen years.

Delivery of liquor to children under eighteen unlawful. No. 3717 s. 193; No. 5767 s. 19 (3).

Defendant's belief as to child's age a defence.

(1) Every licensed person who knowingly sells or delivers or allows any person to sell or deliver save at the residence or working place of the purchaser any liquor to any person under the age of eighteen years for consumption by any person on or off the premises shall be liable to a penalty of not more than Twenty pounds for a first offence and of not more than Fifty pounds for any subsequent offence.

(2) Every person who knowingly sends any person under the age of eighteen years to any place where liquor is sold or delivered or distributed for the purpose of obtaining any liquor for consumption by any person on or off the premises shall be liable to a penalty of not more than Twenty pounds for a first offence and of not more than Fifty pounds for any subsequent offence.

(3) It shall be a defence to a charge under this section if the defendant proves—

(a) that he or his servant or agent had reasonable cause to believe and did believe that the person to whom the liquor was sold delivered or distributed or who was sent was not under the age of eighteen years; or

(b) that such person was apparently over the age of eighteen years and that he or his servant or agent had no reasonable cause to believe that such person was under that age.

(4) Nothing in this section shall prevent the employment by the licensed person of a member of his family or his servant or apprentice as a messenger to deliver liquor.

Penalty for harboring or supplying liquor to constables on duty. No. 371; s. 194.

Every licensed person who— (a) knowingly harbors or knowingly suffers to remain on

his premises any member of the police force during any part of the time appointed for such member being on duty unless for the purpose of keeping or restoring order or in execution of his duty; or

(b) supplies any liquor or refreshment whether by way of gift or sale to any member of the police force on duty unless by the authority of some superior officer of such member—

1958. Licensing. No. 6293 1081

shall be liable for the first offence to a penalty of not less than Two nor more than Five pounds, and for the second or any subsequent offence to a penalty of not less than Two nor more than Ten pounds.

188. Every licensed person who by himself or his servants permits any person known to be a member of the police force to become intoxicated on his premises or to be supplied with liquor whilst intoxicated shall for every such offence be liable to a penalty of not more than Twenty pounds, to be recovered before a court of petty sessions by any person who may sue for the same.

189. Every licensed person who lends any money or gives offers or promises to give any fee perquisite gratuity or reward to any member of the police force shall for every such offence be liable to a penalty of not less than Twenty nor more than One hundred pounds.

190. (1) Every licensed person who bribes or attempts to Penalty for bribe any member of the police force shall for every such offence attempting be liable to a penalty of not less than Twenty nor more than One constable. hundred pounds. No. 3717

r s. 197.

(2) Every licensed person giving or offering to give money or other valuable thing or lending or offering to lend money to any member of the police force stationed in the neighbourhood of his licensed premises shall be deemed to bribe or attempt to bribe such member unless the contrary is shown.

191. Every licensed person who receives in payment or as a pledge for any liquor or entertainment supplied in or from his licensed premises anything except current money or cheques on bankers or orders for payment of money, shall for each such offence be liable to a penalty of not less than Two nor more than Ten pounds.

192. (1) If any riot or tumult happens or is expected to occur closing of any two justices whether in or out of sessions may order and premies direct either verbally or in writing any licensed person within the o?t'unmuritot

local limits of their jurisdiction whose premises are at or near the N0.3717 place where such riot or tumult happens or is expected to occur to close his premises at and for any time which the said justices give any order and direction.(fl)

(2) Every licensed person who keeps his premises open contrary to such order or direction shall be liable to a penalty of not less than Two nor more than Ten pounds.

Penalty on publican permitting constables to become intoxicated en his premises.

No. 3717 s. 195.

Lending money to constable unlawful. No. 3717 s. 196.

Liquor to be sold for money onlv. No. 3717 s. 198.

(a) Cf. the Public Safety Preservation Act 1958, section 4 (6) (ii).

1082 1958. Licensing. No. 6293

Betting in licensed premises unlawful. No. 3717 s. 200.

193. (1) Every licensed person who either himself or by means of any agent clerk or servant—

(a) bets in his licensed premises with any other person; or (b) permits or is privy to or connives at betting on his

licensed premises— shall be guilty of an offence and shall be liable to a penalty of not less than Twenty nor more than One hundred pounds and for a second or subsequent offence to a penalty of not less than One hundred nor more than Two hundred pounds.

(2) The owner, after a first conviction, may evict such licensed person.

(3) If within three years after a conviction under this section a licensed person is convicted of a second or subsequent offence under this section he shall ipso facto by such conviction forfeit his licence and be disqualified for a period of three years from holding any licence.

Posting of betting and sporting placards on licensed premises. unlawful. No. 3717 s. 201.

Every licensed person who placards posts up or exhibits or permits or suffers to be placarded posted up or exhibited in or on or about his licensed premises any information or notices relating to lotteries sweep-stakes raffles betting or totalizators shall be liable to a penalty of not less than Five nor more than Twenty pounds.

Entrance into licensed Premises by day or night may be demanded by police.

No. 3717 s. 202; No. 5767 s. 25.

As to private rooms on licensed premises.

(1) Any authorized member of the police force may demand entrance into any licensed premises or the appurtenances thereof at any time by day or night.

(2) If admittance is refused or is delayed for such time as reasonably to lead to the inference that wilful delay was intended, the offender shall be liable to a penalty of not less than Two nor more than Ten pounds.

(3) If such admittance is refused or wilfully delayed such member of the police force may break into such licensed premises.

(4) Nothing in this section shall authorize any member of the police force to break into any room in such licensed premises which is occupied by or set apart for the private use of any lodger or is occupied by or reserved for the private use of the licensee in such premises unless the member of the police force—

(a) has first given notice of his intention to the lodger or licensee or (in the absence of either of them) to the person appearing to be in charge of the licensed premises and has given the lodger or licensee or person (as the case may be) an opportunity of accompanying him to such room; or

1958. Licensing. No. 6293 1083

(b) has obtained the consent of such lodger licensee or person (as the case may be) to break into such room.

196. Every person other than the licensed person his servant Presence of . r t ' i ti • e i' i unauthorized

or agent found in any bar-room on the premises of any licensed persons in victualler or holder of an Australian wine licence on Sunday prohibited

or on Good Friday or on Anzac Day or in prohibited hours shall o&Z™ be liable to a penalty of not more than Two pounds. N0.3717

No. 4263 U ( 3 ) .

197. (1) Every licensed victualler or holder of an Australian Prohibition

wine licence who— disorderly (a) suffers or permits any person to play any unlawful on licensed

, • 1 • 1 • 1 • premises.

game or sport in or upon his licensed premises or No.37i7

the appurtenances thereto; or NO^CT051

(b) suffers or permits prostitutes thieves drunken or s-19(4)-disorderly persons to be in or upon any part of his licensed premises or the appurtenances thereto—

shall for every such offence be liable to a penalty for a first offence of not more than Twenty pounds and for a second or any subsequent offence to a penalty of not more than Seventy-five pounds.

(2) The playing of such unlawful game or sport or the what is presence of reputed prostitutes or of reputed thieves or of drunken evidence of

or disorderly persons in or upon such licensed premises or the knowledge, appurtenances thereto shall respectively be deemed prima facie evidence that such licensed person knowingly permitted such playing or permitted such reputed or other persons to be present with the knowledge that they were prostitutes thieves drunken or disorderly persons.

(3) Nothing in the foregoing provisions of this section shall be Reasonable deemed or taken—

(a) to prohibit the admittance of any person to the bar-room of any licensed premises for the purpose of obtaining reasonable refreshment thereat; or

(b) to prohibit any person remaining therein so long as may be necessary for such purpose.

198. (1) Except as in this section provided every door by Bar door which admittance whether from outside or inside the premise's is {Scked irii gained to any bar-room on the premises of every licensed victualler gn?e

1siJ'Ued

or holder of an Australian wine licence and every opening in N0.3717 any bar-room through which liquor may be served shall on Sunday No.0«63 and on Good Friday and on Anzac Day and during prohibited N*. :5767 s. hours be shut and locked. Every licensed victualler or holder

refreshment not prohibited.

1084 1958. Licensing. No. 6293

Bar door to be opened on request of police.

Bat door open during prohibited time is evidence of unlawful sale

Closing of bar-room during prohibited times.

of an Australian wine licence on whose premises any contravention of the provisions of this sub-section occurs shall be liable to a penalty of not less than Five nor more than Twenty pounds.

(2) Every such licensed person shall at the request of any member of the police force open and keep open any door by which admittance is gained to any bar-room from inside the premises for such time as such member thinks necessary in order that the provisions of this Act may be enforced and during the time that such door is so open the licensed person shall be deemed not to have acted in contravention of the foregoing provisions.

(3) Every such licensed person refusing or neglecting to open or to keep open such door when so required shall be liable to a penalty of not less than Two nor more than Ten pounds.

(4) If on the premises of a licensed victualler or holder of an Australian wine licence any door by which admittance is gained to any bar-room whether from outside or inside or any opening in any bar-room through which liquor may be served is during Sunday Good Friday Anzac Day or prohibited hours found open or shut and not locked or if any person other than the licensed person his agent or servant is found in the bar-room during Sunday or during Good Friday or during Anzac Day or during such hours proof of any such fact shall be prima facie evidence of a sale of liquor during Sunday or during Good Friday or during Anzac Day or during such hours (as the case may be).

(5) Notwithstanding anything in the foregoing provisions of this section or any other provision in this Act—

(a) (i) a licensed victualler or holder of an Australian wine licence may keep a bar-room open for a period not exceeding fifteen minutes immediately after six o'clock in the evening on any day othei than Sunday Good Friday or Anzac Day for the purpose of clearing from such bar-room persons who were in such bar-room at six o'clock as aforesaid;

(ii) during the period of fifteen minutes immediately after six o'clock as aforesaid liquor which was served to persons in such bar-room before six o'clock as aforesaid may be consumed in such bar-room by such persons;

(b) any door by which admittance is gained from inside the premises to any bar-room on the premises of a licensed victualler or holder of an Australian wine licence shall not be deemed not to be shut and locked on Sunday or Good Friday or Anzac Day

1958. Licensing. No. 6293 1085

or during prohibited hours by reason only of the fact that the door is opened solely to enable—

(i) the licensed person or his servant or agent to enter the bar-room for the purpose of cleaning the same and the receptacles therein or of checking cash therein or of re-stocking the bar-room; or

(ii) the licensed person or his servant or agent to leave the bar-room after effecting the purpose aforesaid for which he entered the bar-room.

199. Any licensed victualler who during the hours in which ^ ^ liquor may be lawfully sold to the public in his bar-room— to keep

^ J J r bar-room

(a) closes the bar-room to the public except for some ^orize'd8

pressing emergency or other just cause; or hours and (b) sells disposes of or supplies liquor on or from any |X°r

p°^s other part of the licensed premises unless at the of licensed time of such sale disposal or supply liquor of that unless also

kind is also available for purchase and consumption bar-room, by customers in the bar-room— NO. 5767 s. 27.

shall be liable to a penalty of not more than Twenty pounds.

200. (1 ) Save as provided by this section no female shall be £em.ales no1

employed in any capacity or permitted to serve in any capacity employed in in or about the bar-room of any licensed premises at any time ^.ym"" while the bar-room is open for the sale of liquor. (a> No°577i

s. 14 (a) .

(2) Every licensed person who commits a breach of the provisions of this section shall be liable to a penalty not exceeding Penalty. Ten pounds for every day on which the offence is committed.

(3) Nothing in this section shall apply to the employment or saving, service of—

(a) the wife sister or daughter of the licensee of the premises or of a partner of the licensee in relation to the licensed premises;

(b) the licensee, being a woman; or (c) any person duly registered as a barmaid under this

Act or any Act hereby repealed.

(4) Every person registered as a barmaid pursuant to the ,efifsrt?n

io" provisions of the Licensing Acts repealed by this Act shall be barmaids? deemed to be a person duly registered as a barmaid under this Act.

(a) The prohibition against the employment of females in bars by this section is not operative while a contrary provision in an award under any Act of the Commonwealth relating to conciliation and arbitration remains in force.

VOL. IV.—35 _, Jjll. J... T ,„„ £1

1086 1958. Licensing. No. 6293

Register of barmaids.

Publication of list of barmaids.

Amendment of register.

Regulations.

(5) The Secretary for Labour and Industry shall keep a register in which he shall enter the names of all persons registered as barmaids under this Act or any Act hereby repealed together with such other particulars as may be prescribed or as he may think fit.

(6) The Secretary for Labour and Industry from time to time as he thinks fit shall publish in the Government Gazette a list of persons so registered and a copy of the Gazette (or after the first day of April One thousand nine hundred and twenty a copy of any similar publication under any Act hereby repealed) shall be sufficient evidence that the persons therein named are duly registered as barmaids under this Act and that any person who is not therein named is not so registered.

(7) The Secretary for Labour and Industry shall from time to time amend the register by striking off the names of all persons who have died or who have been registered in error or who have ceased for a period of not less than two years to be employed as barmaids in any licensed premises.

(8) The Governor in Council may from time to time by Order in Council make regulations as to the mode of such registration and any other regulations which he deems necessary for carrying into full effect the provisions of this section.

Power to exclude drunkards from licensed iwemises. No. 3717 s.208.

201. (1) Any licensed victualler or holder of an Australian wine licence may refuse to admit to or may turn out of the premises in respect of which his licence is granted—

(a) any person who is drunken violent quarrelsome or disorderly; and

(b) any person whose presence on the premises would subject him to a penalty under this Act.

(2) Every such person who upon being requested in pursuance of this section by such licensed person or his agent or servant or any member of the police force to quit such premises refuses or fails so to do shall be liable to a penalty of not less than Two nor more than Five pounds.

(3) All members of the police force are required on the demand of such licensed person agent or servant to expel or assist in expelling every such person from such premises, and may use such force as may be required for such purpose.

Prohibition of unlawful assemblies in licensed house. No. 3717 s. 209.

202. (1) Every licensed victualler who permits any body union society or assembly of persons declared to be illegal, or any body union society or assembly who require from persons on or before admission thereto any illegal oath test declaration or affirmation, or who observe on the admission of members or at any other proceeding any religious or pretended religious or other rite

1958. Licensing. No. 6293 1087

or ceremony not sanctioned by law, or who wear carry about or display on assembling any arms flags colours symbols declarations or emblems whatsoever, to meet or assemble on any occasion or pretence whatsoever in his licensed premises and any licensed victualler who displays or suffers to be displayed on from or out of any part of such premises any sign flag or symbol declaration or emblem whatsoever of any such body or society as aforesaid shall be liable to a penalty of not less than Two nor more than Five pounds.

(2) Nothing herein shall apply to the societies or bodies of men called Freemasons Foresters Free Gardeners Ancient Druids Odd Fellows or to any benefit or friendly society.

203. (1) Any justice or any authorized member of the police ,ugJ^,or

force or any member of the police force expressly authorized emeMicensed .i . . . . . -i . . . * houses In

thereto in writing by any justice— certain cases. (a) may enter into any licensed premises in which from ^2io7t7

information on oath or otherwise he has reason to believe or suspect that any such body union society or assembly is met or held or on or from which any such sign flag symbol colour or emblem is displayed;

(b) may remove from such premises any persons who are found therein as members of or belonging to any such body union society or assembly; and

(c) may remove take away and destroy if he thinks fit any or all of the things hereinbefore enumerated whether worn by such persons or on the premises with them or displayed on or from any part of such premises.

(2) If any such persons do not when thereto required by such justice or member of the police force as aforesaid quit such house or premises, or if any person forcibly resists such justice or member of the police force any such justice or member of the police force or any other member of the police force may arrest and take into custody any person so offending and bring him or cause him to be brought before a justice to be dealt with according to law.

(3) Every person so refusing to quit such premises or so resisting such justice or member of the police force, or refusing to give his name and place of abode when demanded by such justice or member of the police force or not truly answering to such demand, shall for any such offence be liable to a penalty of not more than Two pounds; and if he does not pay such sum forthwith he shall be imprisoned with or without hard labour for a term of not more than one month.

1088 1958. Licensing. No. 6293

Horse feed to be provided in certain cases and lamp over door of licensed premises. No. 3717 s. 21i.

204. (1) Every licensed victualler whose licence is granted in respect of premises to be provided with stabling shall at all times keep upon his licensed premises a sufficient supply of hay corn or other provender for the use of travellers.

(2) Every licensed victualler holding a licence in respct of any premises shall unless the street or road in front of his licensed premises is sufficiently lighted at the expense of the ratepayers keep a lamp affixed outside of and near or over the front or principal entrance of his licensed premises or within twenty feet of and in front of and opposite to such principal entrance lighted during the whole of every night from sunset to sunrise during the time of his holding such licence.

(3) Every person who acts in contravention of or who fails to comply with any provision of this section shall for every such offence be liable to a penalty of not more than Twenty shillings.

Penalty for refusing lo provide accom­modation. No. 3717 s. 212; No. 5767 s . 2 8 ( l ) .

205. Every licensed victualler who fails or refuses either personally or through any one acting on his behalf except for some valid reason to supply lodging meals or accommodation to persons requesting the same shall for each offence be liable to a penalty of not less than Two nor more than Ten pounds.

Provision of accommo­dation and set table daily at hours for meals. No. 3717 s. 213: No. 5767 s. 28 (2) .

Dead body to be received into licensed victualler's premises. No. 3717 s. 214.

206. (1) Every holder of an Australian wine licence and every licensed victualler shall daily at the meal hour customary in the locality provide a table set ready and the service requisite for the serving of a meal and provide a meal for any person requesting a meal.

(2) Every holder of an Australian wine licence shall (when so ordered by the Licensing Court) provide on his licensed premises such bedroom and diningroom accommodation for guests as the court specifies in such order.

(3) No such licensed person shall be entitled to demand or recover a sum which is an unreasonable charge for any bed or meal requested from or supplied by such licensed person.

207. (1) Every licensed victualler whose premises are not situated within a distance of two miles from any morgue or police station shall at the request of any member of the police force receive into the premises mentioned in such licence or house thereon any dead body that may be brought to such premises or 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.

1958. Licensing. No. 6293 1089

(2) Every such licensed victualler who refuses to receive such dead body for the purpose aforesaid shall be liable to a penalty of not less than Two nor more than Five pounds.

208. Every holder of an Australian wine licence who keeps or unlawful to brings or permits to be brought on his licensed premises any SheVtiSn* liquor other than wine cider or perry the produce of fruit grown Australian in any State of the Commonwealth shall be liable for a first offence ^e

3j£emises-to a penalty of not more than Five pounds and for a second or s.2'15. subsequent offence to a penalty of not less than Two nor more than Ten pounds.

209. Every licensed grocer who supplies or causes to be Penalty on supplied any liquor and charges for it under a fictitious heading grocer for

or description shall be liable for a first offence to a penalty of describing not less than Ten nor more than Twenty pounds, and for a second "quor-and any subsequent offence to a penalty of not less than Twenty s.2'16.1

nor more than Fifty pounds.

Brewing and sale of spirits to be in distinct premises-No. 3717 s. 217.

Seizure of spirits found on premises of brewer.

Brewer to have name painted on cart.

210. ( 1 ) Every brewer who on his registered premises or within one hundred yards of the same carries on the business of a dealer in spirits either by wholesale or retail shall be liable to a penalty of Thirty pounds.

(2) All spirits found on the premises of a registered brewer beyond the quantity of six imperial gallons may be seized by an inspector of liquor or authorized member of the police force and shall be forfeited; and for every gallon of spirits so seized such brewer shall be liable to a penalty of Two pounds.

(3) Every brewer licensed under Part VII. of this Act shall cause his name to be painted legibly in letters not less than two inches in length upon every dray cart or other vehicle used for the purposes of his trade or business. Every brewer who fails to comply with the provisions of this section shall be liable to a penalty of not more than Twenty pounds.

2 1 1 . Every person who carries on the business of a spirit Penalty for , . J r carrying on merchant— business of

spirit

(a) without having obtained a spirit merchant's licence; or m?J,c0huant

(b) after such licence has been revoked forfeited cancelled alicence-v ' , , , No. 3717

or annulled— s.218. shall be liable to a penalty of not less than Ten nor more than Thirty pounds and at the discretion of the court to an additional penalty of not more than Five pounds for every day during which such business is so carried on.

212 . ( 1 ) Every person who at any one time either by himself qniyone, or his wife or agent or servant holds or has any beneficial interest one grocer s

in more than one victualler's licence or in more than one grocer's liefd'by'one6

licence shall be liable to a penalty of not less than Two nor mpre ^™°"17 s. 219.

1090 1958. Licensing. No. 6293

Penalty if liquor drunk on premises contrary to licence. No. 3717 s 220.

than Five pounds for every day during which he holds or has any beneficial interest in more than one victualler's licence or more than one grocer's licence.

(2) Any interference by any licensed victualler or grocer with the business of any licensed victualler's or grocer's premises other than the premises for which he is licensed shall be deemed prima facie evidence of a beneficial interest within the meaning of this section.

213. (1) If any purchaser of any liquor from a person who is only licensed to sell the same not to be drunk on the premises drinks such liquor on the premises where the same is sold or on any highway or place adjoining or near such premises, the seller of such liquor shall if it appears that such drinking was with his privity or consent be liable for a first offence to a penalty of not less than Two nor more than Five pounds, and for a second and every subsequent offence to a penalty of not less than Two nor more than Ten pounds.

(2) For the purposes of this section, the expression " premises where the same is sold " shall include any premises adjoining or near the premises where the liquor is sold if belonging to the seller of the liquor or under his control or used by his permission.

(3) In any proceeding under this section, it shall not be necessary to prove that the premises or place or places to which such liquor is taken to be drunk belonged to or were hired used or occupied by the seller if proof is given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the condition of the licence.

Penalty for paying wages in licensed houses. No. 3717 ss. 221, 222.

Licensed person paying his own employes.

214. Every master or other person employing journeymen workmen servants or labourers who pays or causes any payment to be made to any such journeymen workmen servants or labourers in or at any licensed premises or in any house in which liquor is sold, shall for every such offence be liable to a penalty of not more than Ten pounds.

(2) Nothing in the foregoing provisions of this section shall extend to any licensed person paying his own journeymen workmen servants or labourers employed solely in his business as a licensed person in his licensed premises.

Penalty for keeping billiard and bagatelle tables except under the authority of a licence. No. 3717 s. 223; No. 4263 8 . 2 ( 3 ) .

215. Every person who keeps or maintains any billiard or bagatelle table for hire or as a means of gain or profit without a licence, and any person holding a billiard-table licence who permits or allows any billiard or bagatelle table on his licensed premises to be used on Sunday or on Good Friday or on Anzac Day or otherwise than during the hours authorized by and in

1958. Licensing. No. 6293 1091

accordance with the authority conferred by such licence(o) shall for a first offence be liable to a penalty of not less than Five nor more than Ten pounds and for a second and every subsequent offence of not less than Ten nor more than Fifty pounds.

216. When it is made to appear in open court or at the lu™lf£l

discretion of the justices constituting such court in chambers that prohibited i * i • i . (< i' persons

any person by excessive drinking of liquor— unlawful. (a) mis-spends wastes or lessens his or her estate; s.224. (b) greatly injures his or her health; or (c) endangers or interrupts the peace and happiness of his

or her family— the justices having jurisdiction in the city or town or any municipal district in which such person resides in petty sessions assembled shall in writing under the hands of any two such justices prohibit all licensed persons from selling or supplying to him or her any liquor for the space of twelve months.

(2) Such justices or any two justices may at the same o* any other time in like manner prohibit the selling or supplying oi any such liquor to the said person by any licensed persons o* any other city town or district to which the person resorts or is likely to resort for the same during such period of twelve months.

(3) The said justices or any two of them shall in like manner Prohibition from time to time renew any such prohibition as aforesaid as to all such persons as have not in their opinion reformed within such time.

217. Every person whether on his own behalf or as servant supplying s i . . . . - , liquor to

or agent of any other person who during the term of any such prohibited prohibition after service of a notice thereof upon him or with N™^17 a knowledge thereof in any other manner acquired knowingly sells s-22S-or supplies to any such person or for the use of any person in respect of whom any such prohibition has been made any liquor, shall be liable for every such offence to a penalty of not less than Two nor more than Ten pounds.

218. Every person who during the term of any such prohibition ProcuIJn8 with a knowledge of such prohibition however acquired purchases prohibted

or procures for or on behalf of any person in respect of whom any ^^yni such prohibition has been made or for the use of any such person s-226' any such liquor, shall for every such offence be liable to a penalty of not less than Two nor more than Five pounds.

(a) Acts done in pursuance of a permit or permission are not an offence. See section 151.

1092 1958. Licensing. No. 6293

Prohibited person not allowed on licensed premises. No. 3717 s. 227.

219. (1) If any person against whom a prohibition order has been made and is in force enters or is found in the bar-room of any licensed premises except for some lawful purpose, the licensed person shall forthwith without the use of unnecessary force remove or cause to be removed such person from the premises.

(2) Such person may also be proceeded against for being in such bar-room, and he shall unless it appears that he was there for some lawful purpose be liable to a penalty of not more than Five pounds.

(3) Every licensed person who knowingly permits such person to be or remain in the bar-room of his licensed premises shall unless it appears that such last-mentioned person was there for a lawful purpose be liable to a penalty of not more than Ten pounds.

Summary oroceedings to be taken before a court of petty jessions consisting of a stipendiary magistrate or the Licensing Court. No 3717 s. 228.

PART XL—LEGAL PROCEEDINGS.—EVIDENCE.— SERVICE OF NOTICES.

Save where the contrary is expressly provided every information for an offence against this Act other than an offence declared to be an indictable offence shall be heard and determined and all forfeitures shall be enforced by—

(a) a court of petty sessions consisting of a stipendiary magistrate sitting without justices; or

the Licensing Court consisting of one or more licensing (b) magistrates—

and all proceedings preliminary to during and subsequent to or consequent upon such hearing shall as far as possible be conducted or carried on in the manner provided by any Act for the time being in force relating to justices of the peace.(a)

Disposal of forfeitures of goods. No. 3717 s. 229.

221. All forfeitures of goods or chattels shall be sold or otherwise disposed of in such manner as the court making the order directs and the proceeds (if any) of such sale and disposal shall be applied in like manner as penalties.

Conviction after three years not receivable in evidence. No. 3717 s. 230.

222. A conviction for an offence against this Act or any corresponding previous enactment shall not after three years from the date of such conviction be admissible in evidence against any person for the purpose of subjecting him to any increased penalty or forfeiture.(6)

Order for costs how recovered. No. 3717 s. 232.

223. Where under this Act any sum for costs and expenses or for compensation (other than compensation in respect of the deprivation of a licence) or both is ordered or awarded to be paid by any person the amount thereof shall be recovered in manner provided as to procedure in summary jurisdiction for the recovery of costs awarded upon the dismissal of an information or complaint.

(a) Cf. section 55. (b) Cf. section 137.

1958. Licensing. No. 6293 1093

224. (1) No conviction order or warrant shall— convictions ' ori'ers Ac.

(a) be vacated quashed or set aside for want of form; or impiS^a tor informalities. No. 37U

(b) be impeached or affected by reason of any defect mistake or omission therein— s-:13-

if the proceeding or matter to which such form relates is sufficient in substance and effect.

225. (1) No conviction or warrant for enforcing the same or g^f™;,, any other process or proceeding under this Act shall be held for efecHii insufficient or invalid by reason of any variance between the or form!* information and the conviction if substantially for the same offence ^%l117

or by reason of any other defect in form or substance: Provided that—

(a) it can be understood from such conviction warrant process or proceeding that the same was made for an offence against some provision of this Act within the jurisdiction of the court or person who made or signed the same;

(b) there is evidence to prove such offence; and

(c) it can be understood from such conviction warrant or process that the appropriate penalty or punishment for such offence was intended to be thereby adjudged.

(2) Upon any application to quash any such conviction or the Appeal to be

warrant for enforcing the same or other process or proceeding S l d o n

whether on appeal or review or upon habeas corpus or by way of certiorari or otherwise the court or judge to which such appeal is made or to which such application has been made for review or upon habeas corpus or by way of certiorari or otherwise, shall dispose of such appeal or application upon the merits notwithstanding any such variance or defect as aforesaid; and in all cases where it appears that the merits have been tried and that the conviction warrant process or proceeding is sufficient and valid under this or the last preceding section or otherwise—

(a) such conviction warrant process or proceeding shall be affirmed or shall not be quashed (as the case may be);

(b) such court or judge may in any case amend or vary the same if necessary; and

(c) any conviction warrant process or proceeding so affirmed or not quashed but amended or varied shall be enforced in the same manner as convictions affirmed on appeal, and the costs thereof shall be recoverable as if originally awarded.

1094 1958. Licensing. No. 6293

Convictions and offences under repealed Acts. No. 3717 s. 235.

Proof of conviction. No. 3717 s. 236.

Unlawful sale of liquor may be proved by purcnaser. No. 3717 s. 237.

What held as prima facte evidence of unlicensed premises. No. 3717 i . 238.

226. (1) Where any provision of this Act makes any reference to any previous conviction or previous offence, or to any second, or any third, or any subsequent conviction or offence, or makes any reference of a similar kind, such reference shall be deemed to extend and have regard to any conviction or offence under the corresponding provisions of any Act hereby repealed and re-enacted herein with or without amendment.

(2) Where under this Act any such previous conviction or offence may be proved, or it is necessary in proof of any such second or third or subsequent conviction or offence to prove any previous or other conviction or offence, then any previous or other conviction or offence under any such corresponding provisions as aforesaid may be proved or received in evidence, and for the purposes of this section any such conviction or offence as last aforesaid shall have the same force and effect as a conviction or offence under the corresponding provisions of this Act.

(3) Nothing in this section contained shall limit the generality or effect of the Acts Interpretation Act 1958.

227. Production of the register of a court of petty sessions showing a conviction for an offence or a certificate containing an extract from such register of such conviction, purporting to be signed by the clerk or acting or assistant clerk of the court at which such register is kept, shall be without proof of the signature or official character of the person purporting to have signed the same prima facie evidence of such conviction and the conviction shall be deemed to be unappealed against unless the contrary is shown.(a)

228. The unlawful sale of liquor may be proved by any person though he himself has purchased the same; and such proof shall be sufficient to support a conviction for such offence, and shall be held as sufficient proof by any court of appeal or review.

229. The fact— (a) of any person not being a licensed person keeping up

any sign writing painting or other mark in on or near to his premises, or having such premises fitted up with a bar or other place containing bottles of casks displayed so as to induce a reasonable belief that such house or premises is or are licensed for the sale of any liquor or that liquor is sold or served therein; or

(b) of there being on such premises more liquor than is reasonably required for the use of the persons residing therein—

shall be deemed prima facie evidence of the unlawful sale of liquor by such person.

(a) See also the Evidence Act 1958, section 89, and the Justices Act 1958. sections 86 and 91 (15).

1958. Licensing. No . 6293 1095

230 . For the purpose of any proceeding relative to any offence peiiverv of under this Act the delivery of any liquor shall be deemed to be evidence of sufficient prima facie evidence of the sale thereof and of money ^[deration. or other consideration having been given for such liquor. NO. 3717

231. ( 1 ) In proving for the purpose of any proceeding relative Whatman to any offence under this Act the sale or disposal gratuitous or ^satfo?" otherwise or consumption of liquor, it shall not be necessary to disp°sal-show that any money actually passed or that any liquor was ^wo717

actually consumed if the court hearing the case is satisfied— (a) that a transaction in the nature of a sale or other

disposal actually took place; or (b) that any consumption of liquor was about to take

place. (2) Proof of consumption or intended consumption of liquor

on any licensed premises or on any premises with respect to which a licence is required under this Act by any person other than the person licensed in respect of such premises or occupier of such premises (as the case may be) shall be prima facie evidence as against such licensed person or occupier of the said premises that such liquor was sold to the person consuming or being about to consume or carrying away the same.

232. (1 ) In any proceeding against a licensed person in Liquor taken respect of any sale or barter of or traffic in liquor or in respect fob^cK of the drinking or consumption of liquor on his premises it shall Mother0' be no defence to prove that such licensed person himself took or g™^ s

t 0 carried or employed or suffered any other person to take or carry }|f ftul* "J," such liquor out of or from such premises for the purpose of being premu.es. drunk or consumed in any other house or in any tent shed or ^ I 7 1 7

other building of any kind whatever in the occupation of such licensed person or in any public place or public thoroughfare.

( 2 ) In all such cases such liquor shall be deemed to have been drunk or consumed by the purchasers thereof on the licensed premises of such licensed person and with his privity and consent.

233 . If any liquor other than wine cider or perry the produce Liquor other of fruit grown in any State of the Commonwealth is found on foundwone

the licensed premises of the holder of an Australian wine licence ^'premises proof of any such fact shall be prima facie evidence of the Uniae^c

ueisL.

unlawful sale of liquor by the holder of such licence. NO. 3717 s. 242.

234. In any proceedings for an offence under this Act where J^g^Hjjl, the informant relies on the fact or orally alleges that any liquid liquor""""' is or may be liquor such liquid shall be deemed to be liquor until **%$" the contrary is proved.

235. For the purpose of any proceedings relative to any Each sale a* offence under this Act every separate sale of liquor shall be deemed ^"mi to be a separate offence. s-244-

1096 1958. Licensing. No. 6293

Facilitating proof of formal matters. No. 3717 s. 245: No. 5908 s. 15 (2 ; .

Service of notices. No. 3717 s, 246.

Proof of service of notice.

Addresses of owners to be registered. No. 3717 s. 247.

In all proceedings under this Act the allegation in an information or summons or orally by the informant or by a licensing inspector or an inspector of liquor—

(a) that any person is licensed or licensed in respect of any particular premises or unlicensed or that any person is a person whose name is indorsed on any licence pursuant to section one hundred and twelve of this Act;

(b) that any person is a justice, or a licensing inspector or an inspector of liquor or a member of the police force;

(c) that any such member holds a certain rank or is in charge of a police station or is specially authorized in any manner; or

(d) that any licensed premises are within the boundaries of any licensing area—

shall be taken to be correct until the contrary is proved and oral evidence of belief as to any such fact may be given and shall be deemed to be legal and sufficient until the contrary is proved.

237. (1) Any notice order or copy of a notice or order required by or under any of the provisions of this Act to be delivered or sent to or served on any person—

(a) may unless otherwise expressly provided be delivered sent or served by post(0) registered and addressed to such person at his place of abode; and

(b) until the contrary is proved shall be deemed to have been duly served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, or where there is no postal delivery then at the time when the said letter would be received at the post office at the place nearest to the place of abode of the person to be so served.

(2) In proving such delivery service or sending it shall be sufficient to prove that the letter containing the notice order or copy of an order was registered and properly addressed.

(3) Oral evidence of belief as to the time when such letter would be delivered or received as aforesaid may be given and shall be deemed to be legal and sufficient until the contrary is proved.

(1) Every owner of any premises for which a victualler's or an Australian wine licence is in force shall register his name and address within Victoria as such owner with the registrar or clerk of the Licensing Court at which the certificate authorizing the issue of such licence was granted.

(a) As to service by post, see Acts Interpretation Act 1958, section 25.

1958. Licensing. No. 6293 1097

(2) Such owner shall whenever and as often as he changes his place of abode notify such change to the said registrar or clerk.

239. (1) Any notice order or copy of a notice or order ££j«£ow required by or under any of the provisions of this Act to be °wner-delivered or sent to or served on the owner of any licensed ^ i 7 1 7

premises— (a) may be delivered or served personally; or (b) may be delivered served or sent in accordance with

the provisions of section two hundred and thirty-seven addressed to such owner either at his place of abode or at such registered address; or

(c) if such owner has failed to register any name and address may be left with the occupier of the premises addressed to the owner; or

(d) if there is no such occupier may be posted up on the premises.

(2) In each of such cases the notice shall be deemed to have been duly delivered or sent to or served on such owner.

PART XII.—CLUBS. <a)

240. In this Part unless inconsistent with the context or subject-matter—

" Registered club " means club registered under this Part. " Register of members " means register of members of a

registered club prescribed by this Part to be kept by the secretary.

" Secretary " includes any officer or other person performing the duties of secretary of a club.

241. (1) The provisions of sections thirty-six, forty-five, Provisions forty-six, seventy-three to seventy-eight, one hundred and cu

pb1s?abls

thirty-one to one hundred and thirty-three, one hundred and N°-5g717

fifty-one to one hundred and fifty-three, one hundred and sixty-six, No. 5767 one hundred and sixty-eight, one hundred and sixty-nine, one s l 4 { 3 )-hundred and seventy-one, one hundred and seventy-two, one hundred and seventy-four to one hundred and seventy-nine, and of sub-sections (1) and (2) of section one hundred and eighty, and of sections one hundred and eighty-one to one hundred and eighty-three, one hundred and ninety-three, one hundred and ninety-five, and of sub-sections (1) and (2) of section one hundred and ninety-seven (so far as such sub-sections relate to unlawful

(a) As' to the lawful hours of work in premises occupied as a club, see Labour and Industry Act 1958, Part VIII., Division 2.

Interpretation. No. 3717 s.249. " Registered club°" " Register of members."

' Secretary."

1098 1958. Licensing. No. 6293

Interpreta­tion of provisions made applicable to clubs.

sports prostitutes thieves and drunken or disorderly persons), and of sub-sections (2) and (3) of section one hundred and ninety-eight, and of sections two hundred, two hundred and three, and two hundred and sixteen to two hundred and nineteen, and unless inconsistent with the context the provisions of Part XI. of this Act shall apply to registered clubs as if re-enacted in this Part.

(2) In applying such enactments the words " club premises " shall be read for " licensed premises " or " licensed victuallers' premises "; and the words " secretary of the club " for " licensee " or " licensed victualler" or " licensed person" or " person licensed "; and the word " certificate " for " licence "; and the word " certificated " for " licensed." For the purposes of this section, sub-section (1) of section one hundred and seventy-one, sub-section (1) of section one hundred and seventy-six, sub-section (1) of section one hundred and eighty and section one hundred and eighty-two shall be read and construed as if the words " or a member (or 'members,' as the case may be) being served with a meal (or 'meals,' as the case may be) between the hours of twelve and half past two in the afternoon or six and ten in the evening " were substituted for the words " weekly or other boarder " or " weekly or other boarders " (as the case may be); and section one hundred and seventy-four, section one hundred and seventy-five, sub-section (2) of section one hundred and seventy-six, section one hundred and seventy-seven, and sub-section (2) of section one hundred and eighty shall be read and construed as if the word " member " or " members " (as the case may be) were substituted for the words " weekly or other boarder " or " weekly or other boarders " (as the case may be).

Conditions of registration of club. No. 3717 s. 251: No. 5908 s. 13. Number of members of club.

Club an association for social or like purposes.

Club to be bona ijde occupier of premises.

242. (1) No club shall be or continue to be registered under this Part unless all the following conditions exist with respect to it, namely:—

(a) The club must be a bona fide association or company of not less than fifty persons in the case of a club established at any place within a radius of fifteen miles from the Post Office situate at the corner of Bourke-street and Elizabeth-street in Melbourne and not less than thirty persons in the case of a club established elsewhere;

(b) The club must be a body association or company associated together for social literary political sporting athletic or other lawful purpose;

(c) The club must be established for the purpose of providing accommodation for the members thereof and their guests upon premises of which such association or company is the bona fide occupier:

1958. Licensing. No. 6293 1099

(d) The accommodation must be provided and maintained Benefits

from the joint funds of the club, and no person must &££$[& an be entitled under its rules or articles to derive any members-profit benefit or advantage from the club which is not shared equally by every member thereof;

(e) The premises upon which the club is established and Sui|?]>J° the accommodation must be adequate and suitable pre

for the club having regard to its purposes and the number of its members;

(/) No payment or part payment of any secretary manager No servant to or other officer or servant of the club shall be made commission

by way of commission or allowance from or upon S3e«?uor

the receipts of the club for alcoholic drink supplied; (g) A register of members of the club for the time being Register of

shall be kept on the club's premises as hereinafter members-required.

(2) In the case of a club which existed as a bona fide club Exception in on the fourteenth day of July One thousand eight hundred and clubs existing eighty-five and in respect of which a certificate that it was such mJuly-a bona fide club had been given by the proper Licensing Court being still in existence as a bona fide club such club shall be entitled to be registered under this Part notwithstanding that it does not comply with the provisions of paragraphs (c) and (d) of sub-section (1) of this section.

243. (1) In order that any club may be eligible to be Provisions to registered the rules of the club shall provide that— rules of clubs.

(a) the business and affairs of the club shall be under ^ m " 7

the management of a committee elected by the committee to general body of members for not less than twelve managecu • months;

(b) the committee shall hold periodical meetings and Committee to

minutes of all resolutions and proceedings of such meetings. committee shall be entered in a book to be provided for that purpose;

(c) the names and addresses of persons proposed as Names ot ordinary members of the club shall be displayed Kberatobe in a conspicuous place in the club premises, for at displayed-least a week before their election, and an interval of not less than two weeks shall elapse between nomination and election of ordinary members;

(d) all members shall be elected by the general body Members how of members or by a general or an election committee, and a record shall be kept by the secretary of the club of the number of the members

" voting;

1100 1958. Licensing. No. 6293

Members' subscriptions.

Books of account.

Condition of visitors obtaining liquor.

Honorary members.

Infants not eligible for membership. Infants not to be supplied with liquor.

Members only to carry liquor from club premises.

Boys under eighteen not to be employed in club.

(e) there shall be a defined subscription of not less than Five shillings per annum payable by members quarterly half-yearly or annually in advance;

(/) correct accounts and books shall be kept showing the financial affairs of the club and the particulars usually shown in books of account of a like nature;

(g) a visitor shall not be supplied with liquor in the club premises unless in the company and at the expense of a member;

(/i) no persons shall be allowed to become honorary or temporary members of the club or be relieved of the payment of the regular subscription except those possessing certain qualifications defined in the rules and subject to conditions and regulations prescribed therein;

(i) no person under twenty-one years of age shall be admitted a member of the club unless the club is primarily devoted to some athletic purpose, in which case there shall be no limitation of the age of a member of the club, and no liquor shall be sold or supplied to any person under twenty-one years of age;

(/) no liquor shall be sold or supplied for consumption elsewhere than on the club premises unless such liquor is removed from the premises of the said club by the member purchasing the same; and

(k) no persons under eighteen years of age except boys who are being trained as waiters and are not allowed to serve behind the bar shall be employed in any club.

Athletic clubs.

(2) In the case of a club primarily devoted to some athletic purpose the management of which is vested in trustees appointed by the Governor in Council such club shall if the Governor in Council so declares by proclamation in the Government Gazette be exempted from compliance with the provisions of paragraphs (a) (c) and (d) of sub-section (1) of this section and of paragraph (c)of sub-section (1) of the last preceding section, and such trustees shall for the purposes of this Act be deemed the elected committee of the club.

Notice of application for registration of club. No. 3717 s. 253. Notice to clerk of court.

244. (1) The secretary of any club desirous of obtaining a certificate of the registration of the club under this Act shall—

(a) at least fourteen days before applying for the same deliver to the clerk of the Licensing Court and to the licensing inspector acting in the licensing area in which the premises of the club are situated a

1958. Licensing. No. 6293 1101

notice in writing and in duplicate signed by the secretary in the form prescribed or to the like effect; and

(b) publish a copy of such notice on one day in each Notice to be v ' r , r i . 1 J • > • published in

week for at least two weeks preceding his newspaper. application (and so that the last of such publications is not less than eight days before the time at which the application is to be made) in a newspaper published in the licensing area or if none is so published then in a newspaper generally circulating in the licensing area.

(2) Such notice of application shall be accompanied by the following documents, namely:—

(a) Two printed copies of all rules of the clubs, certified certifiedcory as correct under the hand of the secretary;

(b) A statement verified by statutory declaration of the ^f^ 1? n of names and addresses of the bona fide members of members' the club at the date of the application. ' names'

245. (1) The secretary of any club desirous of obtaining a Notice of renewal of its registration shall at least ten days before applying for renewal

for such renewal deliver to the clerk of the Licensing Court and ol dub.tratlon

to the licensing inspector acting in the licensing area in which N°-,2717

the premises of the club are situate a notice in writing and in duplicate signed by the secretary in the form prescribed or to the like effect.

s. 254.

(2) Such notice shall be accompanied by the following documents, namely:—

(a) Two printed copies of all rules of the club certified as correct under the hand of the secretary;

(b) A statement verified by statutory declaration of the number of bona fide members of the club at the date of the notice of application.

(3) Where notice of application is given for the grant of Copy of

renewal of any such registration the clerk of the Licensing Court— application

(a) shall forthwith forward a copy of such notice to the furnished to licensing inspector for inquiry and report; and

(b) on receipt of notice of any objection which may lawfully be taken as hereinafter in this Act provided shall forward a copy of the same to such inspector for inquiry and report and to the secretary of the club.

1102 1958. Licensing. No . 6293

ciub remSe ^ ) "^ne m s P e c t o r o n receipt of any such notice of application prem s. . a u j j j 0 r ] z e ( j m -writing by a stipendiary magistrate shall inspect the

premises of the club and the register of its members and satisfy himself by proper inquiries that the particulars contained in the notice of application are correct.

objections 246 . ( 1 ) At the hearing of any application for the grant or taken to "^ renewal of the registration of a club objections may be taken by renewal of any person or council hereinafter in this Act mentioned upon s^mT o n e o r m o r e ° t l i e f °U° w i n g g rounds :— NO. 5 &67 (a) Tha t the application made by the club or the rules ss. 10 (6), 30. Q£ ^ c m k Q r a n y 0£ faem a r e m a Q y respect

specified in such objection not in conformity with this Act ;

(b) That the club has ceased to exist or that the number of members is less than fifty or thirty (as the case may be) according to the locality in which the premises are situated;

(c) That the club is not conducted in good faith as a club or that it is kept or habitually used for any unlawful purpose or mainly for the supply of liquor;

(d) That there is frequent drunkenness in the club premises or that persons in a state of intoxication are frequently seen to leave the club premises or that the club is conducted in a disorderly manner;

(e) That illegal sales of liquor have taken place in the club premises;

(/) That persons who are not members are habitually admitted to the club premises merely for the purpose of obtaining liquor;

(g) That the club occupies— (i) premises which have been disqualified under

this Act or any corresponding previous enactment;

(ii) premises the licence of which has been revoked or cancelled; or

(iii) premises in respect of which the renewal of a licence has been refused within twelve months next preceding the formation of the club;

(h) That the supply of liquor to the club is not under the control of members of the committee appointed by the members;

(/) That any of the rules of the club are habitually broken;

1958. Licensing. No. 6293 1103

(/) That the rules have been so changed as not to be in conformity with the provisions required by this Act to be embodied in the rules;

(k) That persons are habitually admitted as members without an interval of at least two weeks between nomination and election contrary to the provisions of this Act;

(/) That a club is not required in the neighbourhood; (m) That the premises are in the immediate vicinity of

a place of public worship hospital or school; (n) That the quiet of the place in which such premises

are situate will be disturbed if the registration is granted; or

(o) That any provision of this Act has not been complied with.

(2) For the purpose of determining whether a club is Nature of conducted in good faith as a club the court shall amongst other premises,

things have regard to the nature of the premises occupied by the club.

247. ( 1 ) Any objection to the grant or renewal of any such who may registration may be taken by— objection.

(a) a licensing inspector; ^2'sr17

(b) the council of the municipality within which the premises of the club are situated; or

(c) any ratepayer freeholder or leaseholder of property situated within one mile of such premises.

(2) The signatures to any notice of such objection when made signatures to by any person described in paragraph (c) shall be witnessed by 0

,j$. ?0°f

a justice or a member of the police force.

248. (1) When an application for the registration or renewal issue of of registration of a club is granted, a certificate of registration "SKon.' under the hand of the clerk of the Licensing Court in the form N0.3717 prescribed or to the like effect shall be issued to the club on the NO5M84 payment of the percentage fee fixed by the Licensing Court s-2(4)-therefor.

(2) In respect of the grant or renewal of such registration a Percentage

fee shall be paid equal to the sum of Six pounds per centum of on%egismietior» the gross amount (including any duties thereon) paid or payable renewal0' for all liquor purchased by or for such club during the twelve thereof-months ended on the last day of June preceding the date of the application for registration.

(3) No such grant or renewal shall take effect until the percentage fee so fixed is paid.

1104 1958. Licensing. No. 6293

Refusal of renewal. No. 3717 s. 259.

249. When any application for a certificate or renewal of registration is refused the Chairman of the Licensing Court shall—

(a) pronounce the decision in open court; (b) state the grounds of the refusal; and (c) cause the same to be entered on the records of the

court.

Duration of ^certificate. No. 3717 s. 260.

Certificate of removal. No. 3717 s. 261. Notice by secretary.

Application how dealt with.

What objections may be taken.

Provision where club premises accidentally destroyed.

Notice of removal.

Notice of objection. No. 3717 s. 262.

250. (1) Subject to this Act every certificate of registration of a club shall—

(a) commence and take effect from the date on which it is therein stated to commence; and

(b) unless previously cancelled or suspended be in force until and including the thirty-first day of December then next following.

(2) A renewal shall be for twelve months from the day when the certificate or the next preceding renewal thereof expires.

251. (1) The premises of a registered club may be changed under the authority of a certificate of removal.

(2) When such club desires to remove from the premises occupied by it to any other premises the secretary shall at least fourteen days before applying for a certificate deliver to the clerk of the Licensing Court for the licensing area in which such other premises are situate a notice of intention to apply as nearly as may be in the form prescribed or to the like effect.

(3) If on any such application a notice of objection has not been duly given the clerk of the Licensing Court shall issue the certificate or removal, but if notice of objection is so given the matter of the application shall be inquired into and dealt with by the court.(a)

(4) The only objection that can be taken to any such application shall be that the proposed premises are not suitable for a club.

(5) If the premises of a club are by fire tempest or other calamity or by dilapidations or by reason that such premises are being repaired or rebuilt rendered unfit for the purposes thereof the club may without application to the licensing authority remove to other premises under its existing certificate for any period not extending beyond the currency of the certificate.

(6) Notice of such removal and of the reason therefor shall however be forthwith given by the secretary to the clerk of the Licensing Court who may indorse the certificate accordingly.

252. (1) No objector shall be heard against any application unless notice of the objection has been given to the clerk of the Licensing Court and to the applicant at least five clear days before the time appointed for the hearing of the application to which such

'notice applies. (a) See section 58 (24).

1958. Licensing. No. 6293 1105

( 2 ) The court shall not be precluded from entertaining any what, objection which may arise during the hearing of the application, are enter-

but the applicant shall then be entitled to an adjournment for such tainab,e-time not less than three days as the court thinks fit.

2 5 3 . ( 1 ) The Licensing Court shall hear the application and Hearing of

objections and may order such inquiry as it thinks fit, and thereafter an§llcatIons

shall grant or refuse the application. N^I"5 ' S. 263.

( 2 ) Upon the grant of the application the court shall cause fe^srin

the entries required by this Act to be made in the register kept by the registrar of the Licensing Court .

register.

( 3 ) If in the opinion of the court any objection is frivolous Frivolous or vexatious the person making the objection shall on the order ° jectlons" of the court be liable to pay the costs of the applicant in the proceedings.

254 . ( 1 ) Upon the complaint of a licensing inspector summons to or of the Supervisor of Licensed Premises made upon ag°inS"use

oath a stipendiary magistrate may issue a summons to the secretary ""' cancellation. No. 3717

of any registered club calling upon him to show cause at the s.264; Licensing Cour t why the certificate of registration of the club s.9(D(fc). should not be cancelled on all or any of the grounds of objection which might have been taken as hereinbefore provided to the grant or renewal of a certificate.

(2) Such summons shall be served at least ten days before the service of sitting of the court at which the matter is to be heard.

(3) If the secretary of any registered club cannot be found or if there is no secretary such summons may be served by affixing the same upon a conspicuous part of the premises of the club.

(4) The Licensing Court shall hear and determine the matter Determination r , i • . j of court. of such complaint and m a y —

(a) cancel the certificate; or (b) suspend the certificate until any conditions prescribed

by this Act are complied with; or (c) dismiss the complaint; and (d) make such order as it thinks fit as to costs.

( 5 ) During the period of any such suspension as aforesaid the Suspension,

club shall be deemed to be an unregistered club.

255 . ( 1 ) If on the premises of an unregistered club any saieon liquor is sold or supplied to any person whether a member of unregistered

such club or not the person selling or supplying such liquor and N0b'37i7

every person authorizing such sale or supply shall be liable to a s-265-

1106 1958. Licensing. No. 629:

Liquor kept for supply or sale.

penalty of not more than Fifty pounds, and for a second or subsequent offence to a penalty of not more than One hundred pounds or to imprisonment with or without hard labour for a term of not more than two months or to both penalty and imprisonment.

(2) If on such premises any liquor is kept for sale or supply on the premises every officer and member of committee of the club unless he proves to the satisfaction of the court that such liquor was so kept without his knowledge or against his orders shall be liable to a penalty of not more than Ten pounds.

Sale of liquor in clubs on certain days and during prohibited hours. No. 3717 s. 266; No. 4263 s . 2 ( 3 ) , No. 3767 ss. 14 (4) , 31.

256. (1) No liquor shall be sold or disposed of in any club on Sunday or on Good Friday or on Anzac Day except to bona fide travellers or lodgers or inmates or to members of the said club being served with a meal between the hours of twelve and half-past two (or such earlier hour as is specified in any permit granted under this Act) in the afternoon or six and ten in the evening<a\

(2) No liquor shall be sold or disposed of in any club (except to bona fide travellers or lodgers or members of the club) during prohibited hours that is to say the hours when liquor may not be sold or disposed of to the public generally on licensed victuallers' premises(6).

Search warrant to search club premises. No. 3717 s. 267.

Authority of search warrant.

257. (1) If a stipendiary magistrate is satisfied by complaint on oath that there is reasonable ground for supposing—

(a) that any registered club is so managed or carried on as to constitute a ground for the cancellation or suspension of the certificate of registration thereof; or

(b) that any liquor is sold or supplied or kept for sale or supply on the premises of an unregistered club—

he may grant a search warrant to any member of the police force named therein.

(2) A search warrant granted under this section shall authorize the member of the police force named therein—

(a) to enter the club premises on any week-day or Sunday at any time of the day or night;

(b) to inspect the premises of the club; (c) to take the names and addresses of any persons found

therein; and (d) to seize any liquor kept for sale or supply as aforesaid

and the vessels containing the same and any books and papers relating to the business of the club.

(a) As to bona fide travellers, see sections 172 and 241. (b) Acts done in pursuance of a permit or permission are not an offence

See section 151.

1958. Licensing. No. 6293 1107

( 3 ) If admittance to such premises is refused or unreasonably obstruction, delayed to a member of the police force authorized as aforesaid such member may break into the premises with such assistance as may be deemed requisite. Every person who refuses or wilfully so delays admittance as aforesaid shall be liable to a penalty of not more than Ten pounds.

(4) Every person who in any registered or unregistered club Penalty, premises entered by a member of the police force under this section on being asked by such member his name or address refuses or neglects to give such name or address or gives a false name or address shall be liable to a penalty of not more than Five pounds.

258. ( 1 ) The secretary of a registered club shall keep on the Register of club premises a register of members setting forth in full the names ^m

371™' occupations and addresses of all members of the club and the s-268

date of the latest payment by each member of his subscription.

(2) Such register shall be open at any time to the inspection of the licensing inspector or of any member of the police force if such member is so authorized in writing by any licensing magistrate.

(3) Every secretary who fails to keep such register containing Secretary

the prescribed particulars or who wilfully makes any false entry \f^V°kesp

therein or any secretary or other person who prevents or obstructs any such inspection as aforesaid shall be liable to a penalty of not more than Fifty pounds.

259. Every secretary of any club who makes in a statutory False declaration any statement which he knows to be false in any bylwremrV material particular shall be liable to imprisonment with or without NO. 3717 hard labour for a term of not more than six months. s'

260. ( 1 ) The Licensing Court upon such terms and Power of

conditions as it thinks fit may by order exempt any registered cSSuS* club formed before the first day of July One thousand nine regXed hundred and six from the operation of all or any of the Sjjjj™11

undermentioned provisions namely:—Sections thirty-six, one provisions, hundred and seventy-five, one hundred and eighty, one hundred ^ T O 7 1 7

and eighty-one, one hundred and ninety-five and two hundred and three of this Act.

(2) Every such order shall be published in the Government Gazette and may at any time be revoked or altered by the Licensing Court.

(3) During such time as any such order as to any such registered club is in force the enactments specified therein shall not apply to such club.

1108 1958. Licensing. No. 6293

Licences Reduction Board. No. 3717 s 271.

PART XIII.—THE LICENCES REDUCTION BOARD.—SURRENDER.— MAXIMUM VALUATION.—COMPENSATION.

261. (1) For the purposes of this Act there shall be deemed to have been constituted a Board to be called the Licences Reduction Board hereinafter referred to as " the Board."

(2) The Board shall consist of the three licensing magistrates deemed to be appointed under this Act.(a)

(3) Any two members of the Board shall form a quorum and may exercise all or any powers of the Board.

(4) The Board shall be and be deemed to be the same Board as that heretofore constituted notwithstanding the change in the constitution thereof and the members of the Board in office immediately before the commencement of this Act shall be deemed to have been duly appointed under this Act and to constitute the Board as if appointed thereunder.

(5) No member of the Board shall be entitled to receive any salary other than his salary as a licensing magistrate or chairman of the Licensing Court.

(6) The chairman of the Licensing Court shall also be chairman of the Licences Reduction Board.

Surrender of victuallers' licences. No. 3717 s. 272.

Powers and authority of Board. No. 3717 s. 273.

Misbehaviour or prevarication. No. 3717 s. 274.

Refusal to obey subpeena.

The Board in its discretion at the request of the owner and occupier of any licensed victualler's premises may at any time determine that such premises shall be deprived of a licenceC6)

either forthwith or from a date to be fixed by the Board and may determine the amount of compensation on a fair and equitable basis under the provisions of sections two hundred and seventy-one, two hundred and seventy-two and two hundred and seventy-three and authorize the payment of such amount out of the Licensing Fund either forthwith or as soon thereafter as there is money available for the purpose.

263. For the purposes of executing any of the powers duties and authorties conferred upon it the Board may summon any person to appear and give evidence and to produce books papers writings or documents or copies of their own income tax returns and may hear receive and examine evidence upon oath.

264. (1) Every person— (a) who wilfully misbehaves himself before the Board; (b) who wilfully interrupts the proceedings; (c) who is guilty of wilful prevarication in giving

evidence; (d) who on being summoned by any member of the Board

to appear before the Board as a witness and having had a reasonable sum tendered to him for his

(a) See section 51 (1). (b) As to the surrender of licences, see section 37.

1958 Licensing. No. 6293 1109

expenses refuses or neglects to appear at the time and place appointed by the summons or to produce any books papers writings or documents or copy of income tax return mentioned therein without lawful excuse; or

(e) who refuses to be sworn or who refuses or neglects Refusal to without lawful excuse to answer any question which be sworn' is put to him and to which an answer is required by the Board—

shall be liable to a penalty of not more than Twenty pounds to be recovered by any person authorized so to do by such Board.

(2) It shall be the right of every person appearing before J0i|lp

tp°j1^y'y

the Board to be represented by a barrister and solicitor. counsel.

265. The Board shall as for the purposes of this Part.

occasion requires hold sittings |'^alrn|! Sittings of

No. 3717 s. 275.

266. The Board may at any time if it thinks fit re-hear any l?£Z£ cause or matter which has been heard and determined by it. Reduction

Board to re-hear cases.

No. 3717 s. 276. No certiorari. No. 3717 s. 277.

267. No determination order or proceedings under any of the provisions of this Part shall be removed or removable by certiorari or otherwise into the Supreme Court for any want or alleged want of jurisdiction or for any error or alleged error of form or substance or on any ground whatsoever.

268. (1) For the purposes only of this Part any member of ftcd

ense1ion t0

the Board or any person authorized by it in writing may enter ^ ds " b y

any licensed premises at any time by day or night.

(2) If admittance to such licensed premises is refused or unreasonably delayed after demand made by such member or person as in the last preceding sub-section mentioned the licensee of such premises and every person who wilfully refuses or delays such admittance shall be liable to a penalty of not more than Fifty pounds.

269. It shall not be necessary for a licensing inspector to be a party to any proceedings under or for the purposes of section two hundred and seventy-one, two hundred and seventy-two or two hundred and seventy-three.

270. Notwithstanding anything in this Act compensation shall pursuant to sections two hundred and seventy-one, two hundred and seventy-two and two hundred and seventy-three of this Act be payable in respect of any licensed victualler's premises deprived of a licence by the Board whether the licence was granted before or after the first day of July One thousand nine hundred and six.

authorized person. No. 3717 s. 278. Penalty for delaying admission.

Inspector not necessary party to compensation proceedings. No. 3717 s. 279.

Compensation in case of licences granted before or after 1906. No. 3717 s. 280.

1110 1958. Licensing. No. 6293

Maximum compensation to be made. No. 3717 s. 281.

271. It shall be the duty of the Board as soon as practicable to make a valuation on a fair and equitable basis of the maximum amount of compensation payable in respect of each and every licensed victualler's premises to the owner by reason of the value thereof being diminished owing to being deprived of a licence by a determination of the Board and to the occupier by reason of his lease or agreement being annulled and for the loss through such determination of his licence and business."

Basis for maximum compensation. No. 3717 s. 282.

272. (1) The Board shall determine the fair average capital value of the licensed victualler's premises as licensed during the ten years ended on the thirty-first day of December One thousand nine hundred and sixteen and the fair probable average capital value of the same premises without a licence during the same period. The maximum compensation to the owner shall be based on the loss shown by the difference between the said capital values. In determining such capital value of the premises as licensed the Board shall take into consideration any lease under which the premises were held, the rent received (if it was a fair rent), and the compensation fees paid in respect of the licensed premises during such period.

(2) (a) Such maximum compensation shall so far as regards the licensee of any licensed victualler's premises be based on the fair average value of a lease of the licensed premises for any term of three years during the aforesaid period of ten years.

(b) In determining such fair average value the Board shall have regard to the compensation fees paid and to the net profit arising from the business as shown by the income tax returns (so far as available) of the licensees of the premises in such period of ten years.

(3) The Board shall also make a valuation of the maximum amount of compensation payable to the holder of a spirit merchant's licence, a grocer's licence or an Australian wine licence deprived of a licence in consequence of any order of the Licensing Court reducing the number or any surrender of such licences. Such valuation shall be based on the loss accruing or which would have accrued on a lease for a period not exceeding three years and regard shall be had to the percentage fees paid in respect of the licence for the three years following the passing of the Licensing Act 1916.

(4) The compensation payable at any time in respect of any of the aforesaid premises shall in no case exceed the amount of such maximum compensation, or such sum as would be a fair and equitable compensation at the date of closing. In the case of the compensation payable to the licensee the unexpired portion (not exceeding three years at the date of closing) of any tenancy shall be taken into consideration in determining the same.

1958. Licensing. No. 6293 1111

(5) For the purposes of this and the preceding section any person who is or since the year One thousand nine hundred and five was the licensee of licensed premises shall as and when required by the Board furnish to the Board a duplicate copy of any income tax return verified by a statutory declaration of such licensee as to the accuracy and truth of such copy, and it shall not be lawful for any licensee to question or deny at any time the accuracy or truth of any statement in a copy so verified of such income tax return.

273. The amount of compensation to be payable to the owner and occupier or either of them of any licensed premises at any time deprived of a licence in consequence of any determination of the Board shall subject and pursuant to the last two preceding sections be determined by the Board in every case on a fair and equitable basis; and every such determination shall be final and conclusive and shall not be questioned in or reviewed or amended by any court whatsoever**0

274. When a licence is surrendered or is taken away from any licensed premises in consequence of any determination of the Board six weeks' notice of the amount of the compensation (if any) to be paid to the owner of such premises shall before the same is payable be given by an officer of the Board or by the registrar of the Licensing Court by advertisement in the Government Gazette and in some newspaper circulating in the licensing area where the premises are situated.

275. (1) Every mortgagee from such owner in respect of such Mortgagee licensed premises shall have a lien on the amount payable to such &£ cm owner for the amount of his mortgage debt upon giving notice to ^m^™a,i

the registrar of the Licensing Court or the proper officer of the s.285. Board within one month from the date of the advertisement in the last preceding section mentioned and thereupon the same shall unless otherwise ordered by a judge of the Supreme Court on application as hereinafter mentioned be a first charge on the compensation money, which shall not be paid to the owner unless with the consent in writing of such mortgagee.

(2) Upon receipt of such notice the said registrar or officer shall forthwith send a copy thereof to such owner who if he disputes the title of the mortgagee or the amount of the mortgage debt may within fourteen days after the service of such notice as aforesaid and upon notice to the mortgagee apply by summons or otherwise in a summary way to a judge of the Supreme Court

Determination of amount ot compensation in each case. No. 3717 s. 283.

Notice of compensation payable. No. 3717 s. 284.

Dispute between mortgagee and owner decided in a summary way.

(a) No determination is removable into the Supreme Court by certiorari. See sections 267 and 285.

1112 1958. Licensing. No. 6293

Payment to mortgagee.

Payment or tender of compensation. No. 3717 s. 286.

for a determination of such dispute and the judge may make such order with respect to the compensation money or in the premises and with respect to costs as he thinks fit.

(3) If no such application by the owner is made or subject to any order that the judge may make the payment or tendei of such amount to such mortgagee shall be deemed to be payment or tender to such owner.

276. At any time after the amount of compensation determined in accordance with the provisions of this Act is payable to the owner and occupier respectively of any licensed premises or either of them—

(a) payment or tender thereof may be made to such owner or occupier (as the case may be) personally; or

(b) if it is made to appear to any member of the Board or of the Licensing Court that the owner or occupier cannot be found, then such member may direct the compensation due to such person to be paid into some bank or to such person as to such member seems fit in trust for such owner or occupier his executors administrators or assigns.

Interpretation. No. 3717 s. 287; No. 5197 s. 3 ( « ) .

*' Licence."

" Licensing District." See No. 5767 s. 2 (6) . " Person licensed in respect of premises.

Licensed."

Application of ss. 270-270 to Part XIV. of this Act.

PART XIV.—REDUCTION OF LICENCES.—ABOLITION OF LICENCES.

277. (1) In this Part unless inconsistent with the context or subject-matter—

" Licence " " licences " means any victualler's licence grocer's licence Australian wine licence and spirit merchant's licence and includes registration of a club.

" Licensing District " means the single licensing district of Victoria.

" Person licensed in respect of premises " means holder of any victualler's licence grocer's licence Australian wine licence and spirit merchant's licence and includes secretary of a club.

" Licensed " as applied to premises refers to premises in respect of which any victualler's licence or grocer's licence or Australian wine licence or spirit merchant's licence is for the time being in force and refers to premises of a registered club.

(2) The provisions of section two hundred and seventy and of sections two hundred and seventy-one and two hundred and seventy-two (except so far as they impose a duty to make the valuation therein provided) and of section two hundred and seventy-three and of sections two hundred and seventy-four and

1958. Licensing. No. 6293 1113

two hundred and seventy-five (except so far as they apply to surrender) and of section two hundred and seventy-six shall apply to this Part as if re-enacted herein: Provided that in such sections any reference to the " Licences Reduction Board" or to the " Board " shall be taken to mean or refer to the Licensing Court and any reference to the " officer " or " proper officer " of the Licences Reduction Board shall be taken to mean or refer to the clerk of the said Licensing Court and any reference to any " determination of the Board " shall be taken to mean or refer to the determination of the Licensing Court and the said sections shall be read and construed accordingly.

Reduction of Licences.

278. Where the Licensing Cour t finds tha t the number of Power to

licences of any description in the Licensing District is greater than reduce0

the number necessary for the convenience of the public or the l"Tcen"f"

- . . . , , . . . . *• i . NO. 3717

requirements of a locality ( b u t not otherwise) it may reduce such s.289; number in the m a n n e r provided in this Ac t and may award s.j'ci)'. compensat ion to such owners and occupiers of the premises deprived of a licence as are entitled to compensat ion pursuan t to the provisions of this Act .

279. T h e provisions of the last preceding section shall take Provisions

effect notwithstanding any local opt ion vote taken before the to take elTec: - -- — notwith-

ing commencement of the Licensing Act 1928 bu t shall not affect or "und' be affected by any surrender forfeiture cancellat ion or revocat ion TOw!option

of a licence under the provisions of this A c t or any A c t hereby NO. 3717 repealed.

2 8 0 . ( 1 ) N o licensed premises shall be deprived of a licence owners and licensees to

by the Licensing Cour t unless the occupier thereof and (if the be summoned occupier is not the owner ) the owner thereof has been served with N0

sh£,*7''ausc'

a summons at least one week before the date of hear ing therein s.291. fixed to show cause why such licensed premises should not be deprived of a licence.

(2) A licensing inspector shall serve such summons or cause inspector to it to be served and such summons shall be in the form prescribed summons. or to a like effect.

(3) Such summons may be served by being sent as a registered post letter (a) to the last-known address of the person to be served therewith; or

(a) if such inspector is unable to ascertain the owner 's address for service service may be made upon his authorized agent ; or

(a) As to service by post see Acts Interpretation Act 1958, section 25.

1114 1958. Licensing. No. 6293

(b) if the name or address of such agent cannot be ascertained a copy of the summons for the owner may be left with the occupier of the licensed premises addressed to the owner; and

(c) in each of such cases the summons shall be deemed to have been duly served upon the owner. (a>

(4) No objections shall be held good to the form effect or validity or sufficiency of any summons so long as it is in the form or to the effect prescribed as aforesaid.

(5) At any sittings of the Licensing Court held for the purposes of this Part no objection on behalf of any owner occupier or licensed persons that a summons has not been served on any other owner occupier or licensed person shall be allowed. It shall not be necessary for the licensing inspector to cause summonses to show cause to be served except upon the owners and occupiers of such licensed premises as the Licensing Court announces will be dealt with at any particular sitting or at any particular time; but nevertheless any owners or occupiers of licensed premises may if they so desire attend any such sitting of the court and in any case in which they are interested be heard by the court.

281. (1) The Licensing Court after hearing what (if anything) is alleged by or on behalf of the owner and occupier respectively and what (if anything) is alleged by or on behalf of any licensing inspector and if it thinks fit after a view of any other licensed premises shall in open court decide which licensed premises shall be deprived of their licences, that is to say, which licensed premises shall not have their licences renewed.

(2) The court on the hearing of such cases may hear them and the various parties thereto in such order and method of procedure as to such court seems fit.

considerations 282. (1 ) In carrying out any reduction in the number of court inDce licences under this Act the court in determining what licences shall houses. cease to be in force shall— ^29?717 (<0 consider the convenience of the public and the

requirements of the several localities in the Licensing District;

(b) subject to the above consideration have regard to convictions for offences under this Act or any corresponding previous enactment within three years against any person who at the time of the offence was licensee of the premises; and

(c) subject to the above provisions consider the character of and accommodation afforded by any licensed premises the manner in which the business has been conducted and the distance between any such premises and the nearest licensed premises thereto.

No objection to form of summons.

Unnecessary to summon owner Ac. except where interested in cases before the Court.

Licensing Court to decide which houses are to be deprived of their licences. No. 3717 s. 292.

(a) See also sections 237 and 239.

1958. Licensing. No. 6293 1115

(2) When the Court determines that any licence shall cease such licence shall at the expiration of the period for which it was granted or renewed cease and become absolutely void and shall not be renewed: Provided that notwithstanding anything in this Act the holder of the licence may before the expiry of the licence apply for and if not otherwise disqualified be granted a transfer of another licence.

(3) In any such proceedings as aforesaid before the Licensing Court any person who may be directly affected by the determination of the Licensing Court in such proceedings may appear before the court and shall be heard.

(4) The determination of the Licensing Court shall be final and conclusive.

283. So soon as the court has decided which licensed premises owners and shall not have their licences renewed a member or officer of the be notified of court shall serve or cause to be served upon the respective owners Mepri-a,?>,,'

t • n i f i • < f r i • . NO. 3/17

and occupiers of such licensed premises, the licences of which are s- »4-not to be renewed, a notice informing them of the decision of the court. The provisions hereinbefore in this Act contained relating to the service of a summons to show cause why any licensed premises should not be deprived of its licence shall apply to the service of such a notice.

284. (1) Where under any of the provisions of this Part the F™»8 «« licence for any premises ceases to be in force the following annulment provisions Shall apply: whereUcence

(a) Any occupier or lessee who holds the premises under No.37i7 a lease or agreement may within fourteen days after «• 301

the licence ceases to be in force give to the lessor and to the Licensing Court notice that he desires to have the rent of the premises fixed by the court;

(b) Thereupon the Licensing Court shall fix the rent which shall from the date when the licence ceased to be in force be the rent payable during the currency of the lease in respect of the premises; and

(c) Any occupier or lessee who holds the premises under a lease or agreement and who has not applied to have his rent fixed as provided herein may within one month after the licence has ceased give notice to the court that he desires such lease or agreement to be annulled and the Licensing Court shall forthwith annul such lease or agreement.

(2) In this section— " Lessee " includes an assignee of a lease and a sub-lessee; " Lessor " includes the person for the time being entitled

to the rent of the premises.

1116 1958. Licensing. No. 6293

No certiorari

No. 3717 s. 306.

285. No determination order or proceedings under any of the provisions of this Part or any amendment thereof shall be removed or removable by certiorari or otherwise into the Supreme Court for any want or alleged want of jurisdiction or for any error or alleged error of form or substance or on any ground whatsoever.

Admittance to premises by licensing magistrate. No. 3717 s. 307.

286. For the purposes of this Part any member of the Licensing Court or any person authorized by him in writing may enter any licensed premises at any time by day or night.

Refusal of admittance. No. 3717 s. 308.

287. If admittance to such licensed premises is refused or unreasonably delayed after demand made by such member or person as in the last preceding section mentioned the licensee of such premises and every person who wilfully refuses or delays such admittance shall be liable to a penalty of not more than Fifty pounds.

PART XV.—LICENSING FUND.

The Licensing Fund. No. 3717 s. 309.

288. All moneys in the trust fund called " The Licensing Fund " established under the Licensing Acts heretofore in force shall be deemed to be part of a fund to be kept in the Treasury to be called " The Licensing Fund" and all references in any Act to the " Licensing Fund " shall be taken to refer to " The Licensing Fund " hereby established under this Act.

All fees &c. to be paid into the Licensing Fund. No. 3717 s. 310.

Application of Licensing Fund. No. 3717 s. 311. Payments to municipalities. Second Schedule.

Payment to Police Super­annuation Fund.

Application to carrying out provisions of this Act including payment of compensation.

All fees for licences certificates permits or authorities under this Act and all fees fines penalties forfeitures and moneys incurred or accruing thereunder shall be paid to the credit of the Licensing Fund.

290. (1) Out of the Licensing Fund there shall be paid annually—

(a) to each municipality in the month of March the sum of money set out in the Second Schedule to this Act opposite the name of such municipality subject to the deductions provided for in this Act;

(b) into the Police Superannuation Fund the sum of Twenty-three thousand pounds.

(2) Subject to the foregoing payments the Licensing Fund shall be applied towards carrying out the provisions of this Act including the payment of all compensation payable to owners and occupiers of licensed premises deprived of licences under this Act.

1958. Licensing. No. 6293 1117

Transfer to Consolidated Revenue of surpluses In Licensing Fund. No. 3717 s. 312; No. 5089 s . ? ( l ) .

Reduction in payments to municipalities where licences decreased in number. No. 3717 s. 313.

Power of construction authorities to establisn canteens and authorize sale of liquot therein. No. 5767 s. 33; No. 5908 s. IS.

291. Where after paying or providing for the requirements of the last preceding section the moneys remaining in the Licensing Fund on the thirtieth day of June in any financial year are greater than the moneys therein on the first day of July in that financial year the surplus shall be transferred to the Consolidated Revenue.

292. When any licensed victualler's premises under licence on the first day of July One thousand nine hundred and six are deprived of a licence by the Licences Reduction Board or in consequence ot a determination of the Licensing Court the municipality in the municipal district of which the premises are situate shall have deducted from the sum which but for this section would be payable annually to that municipality pursuant to this Act a sum equal to Eighty per centum of the amount of the licence-fee for the premises for the year One thousand nine hundred and six.

PART XVI.—MISCELLANEOUS.

293. (1) With the approval of the Governor in Council given on the recommendation of the Licensing Court a construction authority may establish canteens in any area or district in which the works of the authority are constructed or are in course of construction and may authorize the sale at any such canteen of liquor subject to such terms and conditions as are prescribed by regulations.

(2) No authority shall be given under the last preceding sub-section for the sale of liquor at any canteen which is situate at any place within three miles by road of the licensed premises of any licensed victualler or holder of an Australian wine licence under this Act.

(3) (a) Save as provided in this section the provisions of this Act shall not apply to or in respect of any canteen established by a constructing authority under this section.

(b) The provisions of section seventy-seven of this Act shall with such adaptations as are necessary extend and apply to any canteen so established and liquor sold thereat and in particular as if any reference in the said section to a licensed person or to licensed premises included a reference respectively to the person in charge of such canteen and the canteen.

(c) For the purposes of the Police Offences Act 1958 such canteen shall be deemed to be the premises of a licensed victualler.

(4) (a) The Governor in Council on the recommendation of Regulations,

the Licensing Court may make regulations for or with respect to regulating the sale of liquor at canteens established by any authority under this section, the maintenance of order at or in the vicinity of such canteens, prescribing the hours during which liquor may be sold or supplied to any person in any such canteen and regulating controlling restricting or prohibiting the sale supply disposal use or

VOL. IV.—38

1118 1958. Licensing. N o . 6293

possession of liquor at or in any such canteen or in or on any land or premises of the authority and generally prescribing any matters or things necessary or expedient to be prescribed for carrying into effect the objects and purposes of this section; and, without limiting the generality of the foregoing, the regulations so made may provide for the payment by the construction authority to the Treasurer of Victoria for payment into the Consolidated Revenue of an annual fee of not more than Six per centum of the gross amount paid or payable by the said authority for liquor purchased during the period of twelve months specified in the regulations for sale in the canteen, and for the making by the authority for that purpose of annual returns of liquor so purchased, and may provide for the imposition of fines (not exceeding Twenty-five pounds in any case) for contravention of or failure to comply with any of the regulations.

Publication. (6 ) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.

" Construction (5) In this section "construction authority" means the State a,„hnritv.» Electricity Commission of Victoria the State Rivers and Water

Supply Commission the Victorian Railways Commissioners and any other public statutory body specified by Order of the Governor in Council for the purposes of this section.

294. (1) For the purpose of furthering community interests in any locality—

(a) any municipality (including the city of Melbourne and the city of Geelong) in respect of any premises within its municipal district;

(b) any co-operative society incorporated and registered under any Act relating to co-operative societies—

subject to this Act may apply for and be granted or may by transfer become the holder of a licensed victualler's licence and conduct business thereunder.

(2) Without limiting the generality of the expression " body corporate " in section twenty-seven of this Act that expression shall be deemed to include such a municipality and such a co-operative society.

(3) Notwithstanding anything in the Local Government Act 1958 or any Act relating to the city of Melbourne or the city of Geelong a municipal council may apply the municipal or town fund of the municipality for or towards the costs and expenses incurred in or arising out of applying for or holding such a victualler's licence

Provision for community hotels. No. 5767 s. 34.

1958. Licensing. No. 6293 1119

and the conduct of business thereunder and all proceeds arising from the holding of the licence and the conduct of business thereunder shall be paid into the municipal or town fund.

295. If any licensed premises are vested in any trustee upon tp

r^st0

0f any trust and it is necessary to make any alterations in or to rebuild licensed

,J ~ J , , . J . . . premises to where necessary to effect such alterations in such premises or any expend uust part thereof in order to bring them into compliance with this Act— raise moneys

by mortgage

(a) such trustee may expend in making such alterations or ^itch

0gS^ct rebuilding where necessary to effect such alterations No. 37i7 any money? in his hands held upon the same trusts s-314-as the said licensed premises;

(b) such trustee may raise such moneys as may be mr0^

teae"ay

necessary to make such alterations or to rebuild where necessary to effect such alterations by mortgage with or without power of sale of such licensed premises or of other property held by him upon the same trusts and may expend such moneys so raised in making such alterations or in rebuilding.

(c) before paying any part of the rents or income which dXcetemay

may arise from such licensed premises to any persons j.°ls"

ef'0^d

or person entitled to be paid or receive such rents rem. or income such trustee may deduct and retain out of such rents or income the interest from time to time payable under such mortgage and also all costs commission and expenses incurred or paid by such trustee in relation to or in respect of such mortgage.

296. No licensed person shall recover any debt or demand on {?°u^bt Ior

account of any liquor supplied by him to any person for recoverable, consumption on the premises except the value of any liquor ^ i | 7 1 v

supplied with meals to any person bona fide lodging in the house. 297. (1) Every house for which a victualler's licence is granted £roperty>ofto

shall be considered as a common inn; and no goods or chattels e^s. whatsoever bona fide the property of any lodger or stranger, and £31"" being in such licensed house or the appurtenances thereof or any place used or occupied therewith in the ordinary course of resort at such licensed house, shall be subject to be distrained or seized for or in respect of any claim of rent(a) for such licensed house or appurtenances, or in respect of any other claim whatsoever against the said house or appurtenances, or the owner or occupier thereof.

(2) If any such goods or chattels are distrained or seized for rent or in any other manner contrary to the provisions of this Act, it shall be lawful for any two justices either in or out of sessions—

(a) to inquire into any complaint made in respect of such jIS£s'in

y

distress or seizure in a summary manner; summary way. (a) Distress for rent was abolished by the Landlord and Tenant (Amendment)

Act 1948 section 18.

1120 1958. Licensing. No. 6293

Licensed victualler not to be responsible for safe custody of certain goods and chattels. No 3717 s. 317. Goods and chattels on licensed victuallers' premises liable for fines and penalties under this Act. No. 3717 s. 318.

Travelling expenses salaries and incidental charge upon Licensing Fund. No 3717 s. 319.

Protection of persons executing Act-No. 3717 s. 320.

(b) to order such goods or chattels to be restored to the owner or proprietor thereof; and

(c) to order payment of such reasonable costs as shall be incurred by such summary proceedings.

298. No licensed victualler shall be responsible for the safe custody of any goods or chattels the property of any lodger or guest above the value of Ten pounds unless such goods and chattels have been given into the care or charge of such licensed victualler his servant or agent.00

299. (1) All goods and chattels (save and except as hereinbefore expressly provided) in or upon the premises of any licensed victualler or holder of an Australian wine licence shall be liable to be seized and distrained upon for the payment of any fine or penalty imposed upon such licensed person under the provisions of this Act.

(2) Such fine or penalty shall be a first charge upon such goods and chattels in or upon such premises at the time of the imposition of such fine or penalty, notwithstanding that such goods and chattels have before the imposition of any such fine or penalty been mortgaged or pledged under any bill of sale contract of sale or contract of letting or hiring within the meaning of the Instruments Act 1958 or may have been assigned for the benefit of the creditors of such licensed person.

300. The salaries and travelling expenses of the members of the Licensing Court and the expenses of the Licences Reduction Board and the salaries of inspectors clerks and other officers required to carry out the provisions of this Act together with all incidental expenses shall unless otherwise specially provided be a charge upon and liquidated out of the Licensing Fund.

301. If any person is sued or prosecuted for anything done by him in pursuance or execution or intended execution of this Act, he may plead generally that the same was done in pursuance or execution or intended execution of this Act and give the special matter in evidence.

Rules of practice &c No. 3717 s. 322; No. 5767 s. No. 5908 s. 14 <*).

32.

PART XVII.—POWER TO MAKE RULES.—FEES. 302. (1) The Governor in Council may make rules regulating

the practice and proceedings of the Licensing Court, and prescribing the forms to be used in proceedings in the said court, and fixing the scale of fees and costs to be allowed to persons practising as counsel or solicitors therein, and regulating the keeping of all registers books entries and accounts by officers of the said court, and regulating the expenses to be paid to witnesses in the said court, and any such rules shall apply to the Licensing Court or to such sittings of the said court as may be specified in that behalf by the Governor in Council.

(a) See also the Carriers and Innkeepers Act 1958, section 26.

1958. Licensing. No. 6293 ••• 3121

(2) The Governor in Council may also make rules— (a) in relation to the fees costs and charges for setting ^JJjStag

down any application and for any summons powers subpoena warrant search recognisance or special case or any copy thereof and for process issued or made under this Act by the Licensing Court.

(b) prescribing the forms of certificates licences permits applications orders and forms required under this Act and, where any provision of this Act so requires, the method of ascertaining the fee to be paid upon the issue or extension of any such permit;

(c) for or with respect to sanitation hygiene ventilation cooling heating fire-prevention in or of licensed premises (including the premises of registered clubs) and securing the cleanliness of food and its freedom from contamination and adulteration in such premises; and

(d) generally for carrying out and for giving effect to the provisions of this Act and imposing any penalty not more than Twenty pounds for any breach of the rules.

(3) All such rules upon being published in the Government 0^ui£|tlon

Gazette shall be valid in law as if the same were enacted in this Act and shall be judically noticed.

(4) All such rules and all Orders in Council altering Or Rules have repealing such rules shall be laid before both Houses of Parliament ,orce of law' within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting within fourteen days after the next meeting of Parliament.

(5) All forms prescribed or altered in pursuance of this Forms section may be used for the purposes of this Act and shall be 'sufficient sufficient in law. talaw-

303. (1) Every clerk of the Licensing Court shall demand JeSfand t. receive and take for the use of Her Majesty the several fees cierk";6

mentioned in this Act or fixed or prescribed by Rules under this court"18

Act and any fee required to be paid to him under the provisions N^f717

of this Act,

(2) Such fees shall be paid in the first instance by the person by whom or on whose behalf the act or proceeding (in respect whereof the same are payable) is required before such act is done or such proceeding is issued or taken.

(3) No such fee shall be demanded received or taken from— (a) any member of the police force or licensing inspector

or inspector of liquor acting in the execution of his duty; or

1122 1958. Licensing. No. 6293

No fees to betaken from officials.

(b)

Section 2.

any person acting for and by authority of Her Majesty or of the Commission of Public Health or of the council of any city town borough or shire in discharge of any right or duty imposed by this Act or by any other Act.

SCHEDULES. FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

3717 . . Licensing Act 1928 So much as is not already repealed.

3832 . . Licensing (Conduct of Poll) Act 1929 . . The whole. 3894 . . Club Tivoli Registration Act 1930 The whole. 4001 . . Licensing (Fees) Act 1931 The whole. 4011 . . Licensing (Half-yearly Payments) Act

1931 The whole.

4252 . . Licensing (Removal) Act 1934 The whole. 4263 . . Licensing (Good Friday) Act 1934 The whole. 4264 . . Statute Law Revision Act 1934 Item in Schedule

referring to Licens­ing Act 1928.

4331 . . Licensing (Australian Wine Licence) Act 1935

The whole.

4654 . . Public Trustee Act 1939 Clause 6 of First Schedule.

4963 . . Mental Hygiene (Mode of Citation) Act Clause (4) of 1943 Schedule.

5075 . . Licensing (Poll) Act 1945 The whole. 5089 . . Licensing Fund Act 1945 The whole. 5197 . . Licensing Act 1946 The whole. 5317 . . Public Officers' Salaries Act 1948 Section 2 (3). 5442 . . Licensing (Amendment) Act 1949 The whole. 5513 . . Public Officers' Salaries Act 1950 Section 2 (3). 5584 . . Licensing (Fees) Act 1951 The whole. 5611 . . Licensing (Mildura) Act 1951 The whole. 5684 . . Crown Hotel, Traralgon, Licence Act

1953 The whole.

5738 . . Licensing (Chairman) Act 1953 The whole. 5767 . . Licensing (Amendment) Act 1953 So much as is not

already repealed. 5771 . . Labour and Industry Act 1953 Clause 2 of Third

Schedule. Section 3. 5815 . . Public Officers Salaries Act 1954

Clause 2 of Third Schedule.

Section 3. 5892 . . Licensing Act 1955 The whole. 5896 . . Statute Law Revision Act 1955 Items in Schedule

referring to Licens­ing Act 1928 and Licensing (Amend­ment) Act 1953 respectively.

5908 . . Licensing (Amendment) Act 1955 So much as is not otherwise repealed.

5970 . . Public Officers Salaries and Allowances Act 1956

Section 6.

6086 . . Aborigines Act 1957 Section 11 (2). 6112 . . Statute Law Revision Act 1957 Items in Schedule

referring to Licensing Act 1928 and Licensing (Amendment) Act 1953 respectively.

1958. Licensing. No. 6293 1123

SECOND SCHEDULE.

ANNUAL PAYMENTS TO MUNICIPALITIES.

Section 290.

Municipality. Annual Payment. Municipality. Annual

Payment.

CITIES. £ s d. BOROUGHS—continued. £ s. d. Ballarat 3,240 0 0 Horsham 256 0 0 Bendigo 2,324 0 0 Inglewood 204 0 0 Brighton 405 0 0 Koroit 176 0 0 Brunswick 531 0 0 Maryborough 560 0 0 Camberwell 16 0 0 Portland 243 0 0 Caulfield 136 0 0 Port Fairy 224 0 0 Coburg 160 0 0 Queenscliff 226 0 0 Collingwood 1,260 0 0 Ringwood 22 10 0 Essendon 404 0 0 St. Arnaud 280 0 0 Fitzroy 1,540 0 0 Sebastopol 127 0 0 Footscray 616 0 0 Shepparton 272 0 0 Geelong 1,474 0 0 Stawell 448 0 0 Hawthorn 530 0 0 Wangaratta 400 0 0 Kew Malvern Melbourne

170 260

8,916

0 0 0

0 0 0

Kew Malvern Melbourne

170 260

8,916

0 0 0

0 0 0

Total Boroughs 6,800 10 0 Kew Malvern Melbourne

170 260

8,916

0 0 0

0 0 0

Northcote 134 0 0 Oakleigh 88 0 0 Port Melbourne 710 0 0 Prahran 1,426 0 0 Preston 96 0 0 Richmond 1,408 0 0 FIRST-CLASS SHIRE. South Melbourne 1,529 0 0 Moorabbin 228 0 0 St. Kilda Warrnambool

813 714 o 0

0 St. Kilda Warrnambool

813 714 0

0 0 Total First-class Shire 228 0 0

Williamstown 692 0 0 Williamstown 692 0 0

Total Cities 29,592 0 0

SECOND-CLASS SHIRES. Ballarat 180 0 0

TOWNS. Bannockburn 66 0 0 Geelong West 316 0 0 Barrabool 74 0 0 Hamilton 329 0 0 Beechworth 516 0 0 Mildura 16 0 0 Belfast 66 0 0 Newtown and Chilwell . . 173 0 0 Bellarine 146 0 0 Sale . . 348 0 0 Berwick

Blackburn and Mitcham Braybrook

182 80

104

0 0 0 0 0 0 Total Towns 1,182 0 0

Berwick Blackburn and Mitcham Braybrook

182 80

104

0 0 0 0 0 0

Broadmeadows Bulla

108 92

0 0 0 0

Broadmeadows Bulla

108 92

0 0 0 0

Bungaree 159 0 0 Buninyong 325 0 0 Colac 392 0 0 Corio 63 0 0 Cranbourne 78 0 0

BOROUGHS. Creswick 173 0 0 Ararat 505 0 0 Dandenong 128 0 0 Castlemaine 644 0 0 Doncaster 88 0 0 Clunes 508 0 0 Dundas 56 0 0 Creswick 193 0 0 Fern Tree Gully 64 0 0 Daylesford 328 0 0 Flinders 180 0 0 Eaglehawk 308 0 0 Frankston and Hastings 151 0 0 Echuca 876 0 0 Gisborne 154 0 0

1124 1958. Licensing. No. 6293

SECOND SCHEDULE—continued.

Municipality. Annual Payment. Municipality.

Annual Payment.

SECOND-CLASS SHIRES— £ s. d. THIRD-CLASS SHIRES— £ s. d. continued. continued.

Glenlyon 138 0 0 Charlton 149 0 0 Grenville 291 0 0 Chiltern 136 0 0 Hampden 400 0 0 Deakin 64 0 0 Heidelberg 144 0 0 Dimboola 194 0 0 Heytesbury 56 0 0 Donald 174 0 0 Huntly 186 0 0 Dunmunkle 135 0 0 Keilor 40 0 0 East Loddon 73 0 0 Kilmore 118 0 0 Eltham 114 0 0 Kyneton 696 0 0 Euroa 211 0 0 Leigh 112 0 0 Glenelg 344 0 0 Lexton 91 0 0 Gordon 120 0 0 Lillydale 120 10 0 Goulburn 154 0 0 Maldon 131 0 0 Kara Kara 168 0 0 Marong 146 0 0 Karkarooc 62 0 0 Melton 72 0 0 Kerang 223 0 0 Metcalfe 78 0 0 Korong 196 0 0 Minhamite 70 0 0 Kowree 170 0 0 Mornington 124 0 0 Lawloit 88 0 0 Mortlake 158 0 0 Lowan 147 0 0 Mount Rouse 164 0 0 Maffra 193 0 0 Mulgrave 122 0 0 Mclvor 246 0 0 Newham and Woodend . . 252 0 0 Numurkah 362 0 0 Newstead and Mount Portland 172 0 0

Alexander 205 0 0 Pyalong 41 0 0 Ripon 120 0 0 Rochester 278 0 0 Romsey 308 0 0 Rodney 328 0 0 Shepparton 56 0 0 Rosedale 154 0 0 South Barwon 70 0 0 Rutherglen 364 0 0 Strathfieldsaye 189 0 0 Seymour 266 0 0 Talbot 378 0 0 Stawell 88 0 0 Tullaroop 256 0 0 Swan Hill 156 0 0 Wannon 191 0 0 Tungamah 312 0 0 Warrnambool 353 0 0 Violet Town 63 0 0 Werribee 110 0 0 Wangaratta 50 0 0 Whittlesea 163 0 0 Waranga 352 0 0 Winchelsea 148 0 0 Wimmera

Wodonga 70 0 0

169 0 0 Wimmera Wodonga

70 0 0 169 0 0

Total Second-class Shires 9,881 10 0 Wycheproof Yarrawonga

Total Third-class Shires

235 0 0 198 0 0

Wycheproof Yarrawonga

Total Third-class Shires

235 0 0 198 0 0

Wycheproof Yarrawonga

Total Third-class Shires 9,096 0 0

THIRD-CLASS SHIRES. Arapiles 62 0 0 Ararat 163 0 0 FOURTH-CLASS SHIRES. Avoca 200 0 0 Bright 181 0 0 Avon 137 0 0 Mansfield 272 0 0 Bacchus Marsh 180 0 0 Oxley 52 0 0 Ballan 224 0 0 Phillip Island and Benalla 370 0 0 Woolamai 142 0 0 Bet Bet 485 0 0 Upper Yarra 92 0 0 Birchip 71 0 0 Birchip 71 0 0 Boning 113 0 0 Total Fourth-class Shire s 739 0 0 Broadford 72 0 0

1958. Licensing. No. 6293 1125

SECOND SCHEDULE—continued.

Municipality. Annual

Payment. Municipality. Annual

Payment.

FIFTH-CLASS SHIRES.

Alberton Alexandra Bairnsdale Buln Buln Healesville Korumburra Mirboo Morwell Narracan South Gippsland Traralgon Warragul Woorayl Yackandandah Yea

£ S.

250 0 218 0 561 0 185 0 117 0 457 0 40 0

146 0 222 0 104 0 153 0 218 0 154 0 113 0 174 0 o

oo

oo

oo

oo

oo

oo

oo

!*•

SIXTH-CLASS SHIRES.

Omeo Orbost Tambo Towong Upper Murray Cohuna

Total Sixth-class Shires

Totals

£ s. d.

314 0 0 131 18 9 223 1 3 313 0 0 135 0 0 48 0 0

FIFTH-CLASS SHIRES.

Alberton Alexandra Bairnsdale Buln Buln Healesville Korumburra Mirboo Morwell Narracan South Gippsland Traralgon Warragul Woorayl Yackandandah Yea

£ S.

250 0 218 0 561 0 185 0 117 0 457 0 40 0

146 0 222 0 104 0 153 0 218 0 154 0 113 0 174 0 o

oo

oo

oo

oo

oo

oo

oo

!*•

SIXTH-CLASS SHIRES.

Omeo Orbost Tambo Towong Upper Murray Cohuna

Total Sixth-class Shires

Totals

1,165 0 0

FIFTH-CLASS SHIRES.

Alberton Alexandra Bairnsdale Buln Buln Healesville Korumburra Mirboo Morwell Narracan South Gippsland Traralgon Warragul Woorayl Yackandandah Yea

£ S.

250 0 218 0 561 0 185 0 117 0 457 0 40 0

146 0 222 0 104 0 153 0 218 0 154 0 113 0 174 0 o

oo

oo

oo

oo

oo

oo

oo

!*•

SIXTH-CLASS SHIRES.

Omeo Orbost Tambo Towong Upper Murray Cohuna

Total Sixth-class Shires

Totals 61,796 0 0

Total Fifth-class Shires 3,112 0 0

SIXTH-CLASS SHIRES.

Omeo Orbost Tambo Towong Upper Murray Cohuna

Total Sixth-class Shires

Totals