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PART II. DIVISION III.
keep posted on the outer door of the premises in respect of which the
refuse licence, or to
Bench to grant or 33. Every such person, having complied with the requirements decide whether licence OT wie ilex preceding
nce of the next preceding section, may, at the annual or quarterly meeting
thaneut necedino will be granted to of the Bench held next after the deposit of such plans, apply to premises erected in cordance with plans. such Bench for a licence in respect of the premises specified in
such plans, and the Bench shall thereupon, if the premises have Ibid, s. 29.
already been erected and completed, grant or refuse the application; and if such premises have not then been erected or completed, the Bench shall decide whether a licence will be granted to such premises when erected or completed in accordance with such deposited plans to the satisfaction of and within a reasonable time to be fixed by such Bench ; and if any application is rejected upon the ground that the plans so deposited do not meet with the approval of the Bench, or that the premises erected or proposed to be erected are not, or would not, in their opinion, be suitable to the locality, they shall, upon the request of the applicant or his counsel, state in what particulars the plans do not meet with their approval, or the buildings or proposed buildings are unsuitable. When the Bench have decided at any meeting that a licence will be granted to any premises not then erected or completed such premises, upon being erected or completed in accordance with the deposited plans within the time fixed by the Bench, shall, for the purpose of regulating the mode of application for a licence thereto, be deemed to be previously licensed premises.
Application for other 34. Every person applying for a licence, other than a publican's, licences.
wine, club, or packet licence, in respect of any premises which porlion). have not been previously so licensed, shall, not less than twentyAct 666, 1896, s. 46,
eight days next before the meeting of the Bench at which the application is to be made, post, and during the whole of the interval, keep posted a notice, in such of the forms contained in Schedule E hereto as is applicable, on the outer door of ihe premises, or on a notice board on a conspicuous part of such premises, if the house or store has not been erected or completed; and shall, at least twenty-eight days before such meeting, deliver to the Clerk of the Bench a duplicate of such notice, accompanied by a certificate in the form of Schedule F hereto, of at last three known householders residing within a radius of one mile of the premises.
The Licensing Act.—1908.
35. No licence under this Act, other than a billiard or packet PART III. licence, in respect of previously unlicensed premises, shall be Division III. granted if a memorial, in the form of Schedule G hereto, or to the Memorial against new like effect, against the granting of the same, signed by at least two- licence. thirds of the electors resident in the immediate neighborhood of such Act 191, 1880, s. 30. premises, is presented to the Benci at the meeting at which the Act 666, 1896, ss. 22
57, altered. application for such licence is made. The genuineness of the signatures to such memorial shall be verified on oath before such Bench. No memorial shall be received unless it is signed by twenty qualified persons at the least: Provided always that if there are less than thirty persons qualified to sign such a memorial as aforesaid residing in the immediate neighborhood (the onus of proof whereof shall lie on üle ; erson or persons objecting to the grant of the licence), the “ immediate neighborhood ” shall, for the purposes of such memorial and all proceedings connected therewith, mean within a radius of one mile from the front door, or proposed front door, of such premises.
36. Every such memorial against the granting of a licence, Memorial and copy
for service to be with a copy thereof for service on the applicant, shall be lodged lodged." with the clerk of the Bench within sixty days after the time when det the applicant has deposited with the said clerk plans of any building altered. which it is proposed to erect, or in respect of which it is intended to apply for a licence, if the licence for which it is intended to apply is a publican's or wine licence; or within fourteen days after such time if the licence for which it is intended to apply is a licence other than a publican's or wine licence ; and such clerk shall forthwith cause such copy memorial to be forwarded by post to the applicant.
37. Any person applying for a licence, or notifying his intention to Certified list of oppose the granting of a licence, shall, on application to the Return- electors to be evidence, ing Officer of the Electoral District for the House of Assembly, or Ibid, s. 32, adapted. to the Returning Officers of the Electoral Districts (if more than one), in which the immediate neighborhood of the premises in respect of which he intends to apply for or oppose the granting of a licence is situate (or to other the officer or officers under any Act for the time being in force whose duty it is to keep the Electoral Roll for such District or Districts), and on payment to each such Returning Officer (or other officer as aforesaid) of the sum of Ten Shillings and Six Pence, and a further sum of Three Pence for each folio of seventy-two words of the lists herein mentioned, be furnished by such Returning Officer (or other officer or officers as aforesaid) with a list of the elector's residing within the said immediate neighborhood, or so much thereof as lies within his Electoral District (or within the District for which he keeps the Electoral Roll, as the case may be), certified under the hand of such Returning Officer (or other oflicer as aforesaid) to be a true list of such resident electors; and such certified list or lists (if more than one) shall be primú facie evidence of the number and names of the electors residing within the immediate neighborhood and qualified to sign such memorial as aforesaid.
The Licensing Act.-1908.
Part 11. 38. A licence having been refused by reason of a memorial Division III. having been presented in terms of this Act against the granting Where licence refused of a licence or licences, it shall not be lawful for the Bench, at any by reason of
nce sitting within two years after such refusal, to entertain an applicato be subsequently tion from any person or persons in respect of the premises for which issued except on
linonno hoo hoon memorial by majority & licence las been
ority a licence has been refused, nor after that period unless a memorial of electors.
has been presented in favor of granting a licence or licences, signed Ibid, s. 33, adapted. by at least two-thirds of the electors resident in the immediate
neighborhood (within the meaning of section 35 of this Act) of such premises, and the genuineness of the signatures is verified, as provided for in case of a memorial under section 35 of this Act.
Manner of application 39. Any unlicensed person desirous of procuring any licence by new applicant for
ce in respect of other than a club or packet licence, in respect of previously previously licensed licensed premises, shall, twenty-eight days at least before the date of premises.
the meeting at which he intends to apply for such licence, post Ibid, s. 34 (portion).
on the outer door of the premises, and keep posted there until such meeting, a conspicuous notice in such of the forms contained in Schedule E hereto as is applicable, and shall deliver to the clerk of the Bench a duplicate of such notice, accompanied by a certificate, in the form of Schedule F hereto, of at least three known householders residing within a radius of a mile of such premises.
Untrue certificate. Act 191, 1880, s. 34 (portion).
40. Any householder who gives a certificate under section 32 or 39 which is untrue in any particular shall be liable to a penalty not exceeding Five Pounds.
Manner of application 41. Any licensed person, other than the holder of a packet for renewal of any licence, desirous of procuring a renewal of his licence under this licence.
Act shall, twenty-eight days at least before the annual mecting Ibid, s. 35 (portion).
of the Bench, deliver to the clerk of the Bench a notice in such Act 666, 1896, s. 12. of the forme in Sache
12. of the forms in Schedule E hereto as is applicable.
Notice of application4 2. Upon the receipt of any notice of application, the clerk of to Commissioner of Police and the Bench shall file the same, and shall forthwith cause notice of Inspector.
such application and the particulars thereof to be forwarded to the Ibid, s. 36.
Commissioner of Police, and to the Inspector for the Licensing
Notice to be given of 43. The Clerk of the Adelaide Bench shall give notice by time for making objections.
advertisement in the Gazette published not less than five weeks Ibid, s. 37, altered. before the annual meetings of Benches,
before the annual meetings of Benches, requiring all persons having any complaint against the management or condition of any licensed premises, or the licensee thereof as such licensee, to forward such complaint to the clerk of the Bench for the district in which such
premises are situated at least fourteen days before the annual Form of notice.
meeting, and to attend at such annual meeting to substantiate such New.
complaint. Such notice may be in the form of Schedule H hereto.
Proceedings on con-
44. The proceedings on the consideration of any application or any objection to an application for any licence under this Act, and
The Licensing Act.—1908.
also of every application or objection to any application to renew,
PART ni. transfer, or remove any such licence, shall be public; and the Bench - DI assembled at their annual or quarterly meetings, or at any adjournment thereof, shall hear, inquire into, and determine all such applications, and also all objections which are made to any such applications, and hear on oath such witnesses as are called, and, subject to this Act, may grant such licences to such persons as are approved by such Bench; and may direct the holder of a licence to supply additional accommodation at his premises, or make repairs therein, in such manner and within such reasonable time as they deem fit.
45. Subject to section 61 hereof, and without diminishing the Personal attendance
• for renewal or transfer effect of section 59, no person, having given the notice by this of licence not requisite Act prescribed, shall be required to attend the Bench for the purpose unless notice of objec
tion given. of procuring a renewal or transfer of his licence, or of a licence,
4. Ibid, s. 39, adapted. unless notice of objection to the application, stating the grounds thereof, has been given to the clerk of the Bench in duplicate. Upon receipt of such notice of objection the clerk shall forthwith forward one part thereof, by post, to the applicant.
46. No person shall be heard, either personally or by counsel, in Notice of objection support of any objection to the grant, renewal, transfer, or removal
Ibid, s. 40. of a licence before any Bench assembled at any annual or quarterly Ibid, meeting, or at any adjournment thereof, unless notice in writing of such objection, stating the nature and grounds thereof, signed by the objector, and giving his place of residence and occupation or style, has been delivered to the clerk of the Bench to which the application is intended to be made and to the person who has given the notice of application prescribed by this Act at least fourteen clear days before the day on which such application is to be heard.
47. The objections to the grant or renewal of a licence of which Objections to licences
and renewals. notice may be given are the following :
Ac 640, 1891, s. 8
Act 666, 1896, s. 1.—Publicans' Licences.
Altered. (a) As to all applications—That the applicant is of bad fame or
character; that he is interested in keeping a brothel or
The Licensing Act.—1908.
PART III. DIVISION III.
or frequented by prostitutes, thieves, or persons of bad character; that the licensing of the premises is not
required for the accommodation of the public: (6) As to applications for premises not previously licensed–That
such premises are in the vicinity of a church or other place of public worship, or a hospital, or school, and would, if licensed, be the cause of inconvenience or annoyance to the persons using or frequenting such church, place of worship, hospital, or school ; that the quiet of the locality in which such premises are situated will be disturbed if a licence is granted for the sale of liquor in such premises (this objection shall not be entertained unless a petition against the granting of such licence for such premises has been presented to the Bench, signed by at least two-fifths of the electors residing in the immediate neighborhood of such premises); that, if such premises are situated in or within ten miles of the city of Adelaide, the same have not at least two moderate-sized sitting-rooms and two sleeping-rooms, properly ventilated and furnished, constantly ready and fit for the accommodation of members of the public, independent of the rooms occupied by the applicant and his family; or that the said premises have not decent and separate places of convenience for both males and females, or have not urinals on or near the premises for the use of the customers thereof, so as to prevent nuisances and offences against
decency : (c) As to applications for renewal of licences or by new appli
cants for previously licensed premises—That the management of the licensed premises in such particulars as are specified in the notice has not been satisfactory; that any direction of the Bench as to additional accommodation has
not been complied with: (d) As to applications for licences for premises not previously
licensed, and for renewal of licences—That, if such premises are situated more than ten miles from the city of Adelaide, such premises have not at least one sitting-room and two sleeping-rooms properly ventilated and furnished, constantly ready and fit for the accommodation of travellers, and separated from any bar by a space of at least twelve feet, with a separate entrance; that such premises have not decent and separate places of convenience for both males and females, or have not urinals on or near to the premises for the use of the customers thereof, so as to prevent nuisances and offences against decency; that there is not a stable on the premises capable of containing at least four horses, with a sufficient quantity of hay and corn : Provided that want of stable accommodation shall not be an objection as to premises within the limits of a municipality whose population numbers two thousand or over.