No. 390. or malicious, such licensing magistrates may order payment of a 34 VICTORIA, sum to meet the reasonable costs and expenses of the successful applicant to such successful applicant by the person so unsuccessfully opposing the application; and every such order and every order for the payment of costs and expenses under this Act may be enforced in like manner as any order of justices may be enforced under any Act now or hereafter to be in force relating to justices. issue to licensee transmitted by trates. 16. If the licensing magistrates or such majority as aforesaid Certificate to shall grant the application they shall issue to the applicant a certifi- and duplicate cate authorizing the issue of a license in the form or to the effect of certificate to be the certificate (varied as hereinafter mentioned) provided in that licensing magisbehalf by "The Wines Beer and Spirits Sale Statute 1864," and shall, in all cases where the license fee is payable to the treasurer of any city town shire road district or borough, cause to be transmitted to the treasurer of such city town shire road district or borough respectively, and in all other cases to the Treasurer of the colony or to such receiver of revenue as the said Treasurer shall direct a duplicate of every certificate granted by them under this Act authorizing the issue of licenses. payment of 17. Every certificate shall be void, unless the sum to be paid Certificates to be for every such license be paid as herein required to such Treasurer or void for nonreceiver of revenue within fourteen days after the granting of such license fee. certificate. And the Treasurer or receiver shall forthwith after the receipt of every such duplicate certificate and payment issue such license as is authorized by every such certificate or duplicate thereof. be renewed. 18. If such licensing magistrates shall at any quarterly licensing Applications may meeting have refused any application under this Act, such application may, save as hereinafter provided, be renewed at a quarterly licensing meeting (held not less than six months after such refusal) for the district or place in which the premises in respect of which such license is sought are situate, and the provisions herein before contained as to the giving of notices the hearing of applications and objections and the ordering of costs to be paid shall apply to the proceedings at such meeting and to such renewed application, but if the application shall have been refused on the ground that the majority of persons being ratepayers in the neighbourhood of the house proposed to be licensed object thereto, the application shall not be renewed until twelve months after such refusal. license on pro annual fee. 19. Every licensee shall be entitled subject to the proviso Renewal of hereinafter mentioned to demand and obtain from the licensing duction thereof magistrates a certificate authorizing the renewal of his license on and payment of producing such license and upon payment to the proper officer of the annual fee due in respect of such license, provided such license has not been allowed to expire or has not become void from any cause whatever: Provided also that the licensing magistrates or the majority of them as aforesaid may refuse to grant such certificate of renewal for such licensee or for his licensed house if it shall be proved (a) A second application within six months for the same house but by another person is not a "renewal" but a new application, and must be heard on its merits. -Reg. v. Sturt, ex parte Lawlor, 4 A.J.R., 72. No. 390. 34 VICTORIA, to the satisfaction of such magistrates that such license is liable to | be forfeited under any of the provisions of this or of the said recited Act. Transfer of licenses. 20. Any stipendiary licensing magistrate for the district may on application in writing by the proposed transferror and transferree at any time transfer the license of any licensee other than a temporary or special temporary license to the appointee of such licensee if approved of by him, by an endorsement upon the license in the Second Schedule. form in the Second Schedule for which a fee of Two pounds shall be paid; and thereupon such appointee shall, until the next quarterly licensing meeting, possess all the rights of such original licensee, and shall be subject and liable to the same duties obligations and penalties as if such license had been originally granted to him: Provided that such appointee shall at the next quarterly licensing meeting apply for an original license; and the provisions hereinbefore contained as to the giving of notices the hearing of applications for licenses and objections thereto and the ordering of costs to be paid shall apply to the proceedings at such meeting and to such application. No such transfer of a license shall be made nor shall any application for such transfer be entertained until the expiration of three months from the time of the granting or transfer of such license. (a) Business may be carried on by certain cases. 21. In case of the decease or insolvency of a licensee, his executor &c. in executor or administrator or assignee may, by an agent specially authorized in writing by any licensing stipendiary magistrate of the district or place within which the premises are situated for that purpose, carry on the business of the person so licensed without any renewal or formal transfer for six months from the date of such decease or insolvency if the license have so long to run: Provided that such agent shall be subject to the same obligations as the licensee; and in case of the decease of any such licensee, his widow, or if he shall not have left a widow any member of his family or any person on behalf of such family, may carry on the business for a period not exceeding three months from his death, provided that probate of his last will and testament or letters of administration of his effects shall not be sooner granted; and every license under this Act shall | confer upon the executor or administrator the same privileges and (if such executor or administrator avail himself of such privileges) shall impose on him the same duties obligations and liabilities as if such license had been granted to him originally. Only one license to be held by an individual. 22. No person shall hold more than one license (except a temporary or special temporary license or grocer's license or license for railway refreshment rooms) within the precincts of any city or town or of any borough shire or road district either by himself servant or agent, or have any beneficial interest in any such license under a penalty of Five pounds for every day during which he shall hold such license or have any beneficial interest therein, and any interference by any licensee with the business of any licensed house other (a) Where a person holding a license to sell liquor in a public-house applies for a transfer which is refused, his rights as licensee remain unaffected.-Reg. v. Mollison, ex parte Fitzgerald, 1 V.L.R. (L.), 78. than the house for which he is licensed, shall be deemed primâ facie 34 VICTORIA, evidence of a beneficial interest within the meaning of this section. No. 390. form of license. 23. The forms of certificates and licenses provided by the Alteration in schedules to the said Statute shall be varied as to all certificates and licenses issued under this Act by substituting the words "licensing magistrates" for the terms used therein referring to the justices by whom such certificates and licenses were granted under the said Statute. certain penalties. 24. Section forty-six of the said Statute shall be and the same Prohibition of is hereby repealed except in respect of any penalty incurred there- games &c. under under before the coming into operation of this Act; and after the coming into operation of this Act if any licensee shall suffer any person to play any unlawful game or sport within his licensed premises or the appurtenances thereto or permit prostitutes thieves drunken or disorderly persons to be upon his premises, he shall forfeit and pay for every such offence any sum not exceeding Twenty pounds: And the playing of such game or sport or the presence of reputed prostitutes thieves drunken or disorderly persons upon such licensed premises shall be deemed primâ facie evidence that such licensee knowingly permitted such playing and permitted such reputed persons to be present with the knowledge that they were prostitutes thieves drunken or disorderly persons.() police force may analysis. 25. Any superintendent inspector or sub-inspector of police, or Members of any member of the police force authorized in writing by any justice demand and obof the peace or by any superintendent inspector or sub-inspector of tain samples for police, may at any time enter any licensed house or premises and may demand select and obtain any samples of liquor which may be in such house or premises, and on paying or tendering payment for such samples of liquor may remove for the purpose of analysis such liquor from such house or premises; and if any licensee or other person in charge of such house or premises shall refuse to permit any such officer authorized as aforesaid to select and obtain such samples or shall obstruct such officer or cause or permit him to be obstructed or delayed in the selection and obtaining such samples, such licensee shall be liable to a fine not exceeding Twenty pounds or to the forfeiture of his license. of liquors con 26. If any licensed person shall sell or deliver or permit to be Penalty for sale sold in or delivered from his licensed house or premises or the taining deleteappurtenances thereto any liquor which shall contain any deleterious rious drugs &c. drug or noxious ingredient he shall on conviction for such offence be liable at the discretion of the licensing magistrates either to a forfeiture of his license or to the penalties imposed by the sixty-fourth section of the said recited statute, and in the event of such magistrates disagreeing such two of them may adjudicate as herein before mentioned and such adjudication shall be final to all intents and purposes. (a) This section does not disclose any offence, and no penalty is recoverable under it.- Wright v. Kabat, 2 A.J.R., 97. (b) Presumptive evidence that the defendant is the holder of a license is sufficient to launch a case; policemen swearing that the persons on the premises were thieves, &c., is sufficient; the penalty is to be enforced by distress, and, if insufficient, by imprisonment.-Regina v. Call, N.C., 57. 34 VICTORIA, No. 390. 27. Any licensee who allows in his licensed house or premises any person under the age of twelve years of either sex to be supPenalty for sup- plied with liquor by purchase or otherwise for consumption on the plying liquor to premises, shall as well as the person who actually gives or supplies the age of twelve the liquor be liable to pay a penalty of not exceeding Ten pounds. persons under years. Penalty for permitting room to be used as a dancing saloon &c. Liquors not to be sold on certain days. Penalty for pay ing wages in licensed houses. 28. If any keeper of a licensed house shall permit any room or portion of such house or the appurtenances thereof or any building or place adjacent thereto to be used or occupied as a dancing concert or theatrical saloon, or as a place of common resort to which persons shall be admitted by ticket or otherwise, he shall be liable on proof thereof to a forfeiture of his license :(a) Provided that nothing herein contained shall extend to prevent private societies or assemblies of persons from hiring and using such room or place on or for any particular occasion and keeping the exclusive control over admission to such room or place independent of and unconnected with the proprietor or keeper of such house, and on every such particular occasion of the hiring of such room or place special leave shall be applied for in writing by one or more of the persons desiring such leave, and such leave shall be obtained in writing from and under the hand of a licensing magistrate of the district, and the occasion on which and the name or names of one or more of the persons by or on behalf of whom such room or place is required shall be stated on the face of such written application and leave respectively: Provided that such licensing magistrate shall forward to the office of the Chief Secretary from time to time and at intervals not exceeding six months a list of all such applications together with the names of the applicants, to be recorded in the office of such Chief Secretary: Provided also that such licensing magistrate may if he think fit altogether refuse to grant such application. 29. Section forty-seven of the said Statute shall be and the same is hereby repealed except in respect of any penalty incurred thereunder before the coming into operation of this Act; and after the coming into operation of this Act any licensee who shall sell or retail any liquor or permit or suffer the same to be drunk in his house or premises on Sunday, except to lodgers in such house, or shall suffer any one to play at billiards or bagatelle or any other game in his premises on such day, shall be liable to a penalty not exceeding Ten pounds. 30. If any master or other person employing journeymen workmen servants or laborers shall pay or cause any payment to be made to any such journeymen workmen or laborers in or at any licensed (a) This section is not retrospective. A license issued under the previous Act for a period after the coming into operation of this Act, is not liable to forfeiture for breach of a condition imposed by this Act.-Reg. v. Sturt, 1 V.R. (L.), 1. Under this section a forfeiture of license is incurred if a room in the house is used as a concert room although nothing be charged for admission. The words "to which persons shall be admitted by ticket or otherwise" apply only to "a place of common resort," and not to "a dancing, concert, or theatrical saloon."-Smith v. McCormick, 2 V.R. (L.), 93. (b) A person selling refreshment to travellers on Sunday, between the hours of 6 a.m. and 12 at night, is liable to be convicted and fined, under this section, for the Statute does not except travellers as it does lodgers.-Cohn v. Sherwood, 1 A.J.R., 132. The offence under this section is for selling, not buying.-Reg. v. Barry, ex parte Connor, 5 A.J.R., 124. And see note (b), 28 Vict. No. 267 s. 39, "Justices of the Peace," ante, p. 1194. No 390. house or in any house in which liquors shall be sold, he shall for 34 VICTORIA, every such offence forfeit and pay any sum not exceeding Ten pounds: Provided always that nothing herein contained shall Proviso. extend to any licensed person paying his own journeymen workmen servants or laborers employed solely in his business as licensee in his licensed house. guests. 31. Every house for which a publican's license shall be granted Protection to shall be considered as a common inn; and no goods or chattels property of whatsoever bona fide the property of any lodger or stranger, and 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 for such licensed house or appurtenances, or in respect of any other claim whatsoever against the said house or appurtenances or the owner thereof; and if any such goods or chattels shall be 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 to inquire into any complaint made in respect of such distress or seizure in a summary manner, and to order such goods or chattels to be restored to the owner or proprietor thereof, and further to order payment of such reasonable costs as shall be incurred by such summary proceedings. on proof of loss license. 32. The sixty-second section of the said Act is hereby repealed, Duplicate license and whenever any license granted either under this or the recited may be granted Act shall be lost or destroyed the licensee may apply to the licens- of original ing magistrates for the place or district where such license was issued for a certificate under their hands that such license had been issued to such licensee, and such magistrates on being satisfied that such license is lost or destroyed and has not been forfeited or transferred may grant a certificate in the form in the Third Schedule of Third Schedule. this Act, and upon production of such certificate and on payment of a fee of One pound the issuers of such license or their successors in office shall deliver a duplicate of such license which shall be of the same force as the original license. ties. 33. Section seventy-one of the said statute shall be and the Appropriation of same is hereby repealed, and the fees for licenses issued under this fees and penalAct under the certificates of the licensing magistrates of any city or town or of any shire road district or borough, shall be applied towards the public purposes of such city town shire road district or borough, and all fees for any license issued under this Act under the certificate of the licensing magistrates for places or districts not within any city town shire road district or borough shall be paid into the consolidated revenue; and one-half of all fines and penalties and forfeitures under this or the said recited statute which shall be incurred in any city or town or in any shire road district or borough, shall be paid to the treasurer of such city or town, or to the treasurer of the shire road district or borough, or to the Treasurer of the colony or the receiver of revenue appointed for any place or district not within any city town shire road district or borough, as the case may be, for the said city town road district shire or borough fund or consolidated revenue, and the other half to the person who has informed against the offender. |