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The Licensing Act.-1908.



Division IV.–Transfer of Licences:
DIVISION V.- Transmission of Licences :

V. - Transm
Division v1.--Removal of Licences :
Division VII.—Procedure on Hearing of Applications
Division Vill.–Special Authorities to Sell Liquor:
Division 1X.--- Forfeiture of Licences :
Division X. -General:
Division X1.-Clubs :

Division XII. - Licences at Renmark.
PART 1V.- Rights, Duties, and Liabilities of Licensees and Others.
Part V. - Limitation of Number of Licences —

Division 1.—Local Option Polls :
Division 11.-The Enforcing of the First Resolution:
Division 111.-Effect of Other Resolutions :

Division 1V.—General.
PART VI.-- Legal Proceedings and Evidence.
PART VII.— Regulations and Forms.

Act 191, 1880.


3. The several Acts mentioned in the Schedule A hereto are hereby repealed, except as to any matter or thing lawfully done or commenced to be done under the said Acts, or any of them: Provided that all offences against the said Acts, or any of them, committed before the passing of this Act, shall be punishable in the same manner as if this Act had not been passed, and all licences and certificates issued or granted, things done, notices given, and proceedings had, under the authority or by virtue of any of the said Acts, and not expired at the time of the passing of this Act, shall confer and involve the same rights, privileges, liabilities, and effects as if this Act had been in force when they were granted, issued, done, given, or had, and as if they were granted, issued, done, given, or had under the authority or by virtue of this Act; and all Licensing Districts, Local Option Districts, Licensing Benches, clerks to Licensing Benches, and inspectors constituted or appointed, and chairmen of Licensing Benches elected under the authority of any of the said Acts shall, subject to anything which is lawfully done under this Act, continue notwithstanding the passing of this Act.

Interpretation clause. Ibid, 8. 4, with additions.

4. In this Act, except where the subject matter or context, or other provisions of this Act, require a different construction, the following terms, in inverted commas, have the respective meanings hereinafter assigned to them, that is to say“ Bar-room ” means any room in which liquor is kept and in or from which liquor is directly supplied to customers :

“ Bench " The Licensing Act.—1908.


“ Bench ” means the Licensing Bench of Justices for the Licensing

District in which any licensed premises, or any premises
in respect of which any application for a licence is or is
about to be made, are situate, or to which any application
in respect of such premises is by this Act directed to be

• District” means Licensing District:
“ Elector” means a person who is registered as an elector on a

House of Assembly electoral roll : “Electoral District” means an Electoral District for the election

of members or a member to serve in the House of Assembly : Gazettemeans The South Australian Government Gazette : “General election” means a parliamentary general election for

the return of members pursuant to writs issued upon the

dissolution or expiry of the House of Assembly:
“ Immediate neighborhood ” means within a radius of two hundred

yards from the front door of the house in respect of which
application is made for a licence, or from the front door as
shown on the deposited plan of a proposed house in respect
of which such application is made, if such house or proposed
house is or is proposed to be situate within a town, as
hereinafter defined; or if not situate or proposed to be
situate within a town as so defined, then within a radius of
one mile from the front door of such house or proposed

“ Inspector ” means an inspector of licensed premises appointed

under this Act: “Justice” means Justice of the Peace for the said State: “ Liquor" means brandy, gin, rum, whisky, cordials containing

spirits, wine, cider, perry, mead, ale, porter, beer, or any

other spirituous, malt, vinois, or fermented liquors : “Mead,” means mead made from honey tb oduce of the said

State, and “wine," “ cider," and "perry” mean wine, cider, and perry made from fruit grown in the said State, such mead, wine, cider, or perry not containing a greater proportion

than thirty-five per centum of proof spirit: “ Minister" means the Attorney-General for the time being of

the said State: * Owner of licensed premises” includes a cestui que trust, and

means the person for the time being receiving or entitled to receive the rents of such premises, whether on his own

account or as agent, trustee, or attorney for any other person: “ Previously unlicensed premises” or “ premises previously unlicensed” means premises not at the time licensed :

66 Sale "

The Licensing Act.—1908.


Act 191, 1880, s. 4.

"Sale" includes sale, barter, exchange, and retailing.
“Sell” includes sell, barter, exchange, and retail:
“ Town ” means any city or corporate town within the said State,

or any town, township, or village within the said State con-
taining not less than forty dwelling-houses within a radius
of one mile from some point in such town, township, or village,
or any place proclaimed as a town for the purposes of this

Act by the Governor: “ Treasurer ” means the Treasurer for the time being of the said



Licensing Districts may be proclaimed, Ibid, s. 22.


5. The Governor may, by Order published in the Gazette from
time to time, declare that any area in such Order defined shall
constitute a Licensing District, and may from time to time alter and
vary the boundaries of or altogether abolish any district continued
or constituted by or under this Act, and in such Order shall be
mentioned the day from which such Order shall take effect; and it
shall also be lawful for the Governor from time to time, by Order
published in the Gazette, to nominate and appoint a Bench for any
district, consisting of not less than four nor more than nine Justices,
three of whom shall form a quorum, and from time to time to remove
any one or more of such Justices, and to fill any vacancy or
vacancies in any such Bench, and to fix the days for the annual
and quarterly meetings of such Benches, and from time to time
appoint and remove a clerk to each Bench.

Benches appointed.

And meetings fixed.

Date of meeting may
be altered in certain
Act 540, 1891, s. 38.

6. Where the day fixed for the annual or a quarterly meeting

6. V nere the of any such Bench falls upon a public holiday it shall be lawful for the Attorney-General, by notice in the Gazette, to alter the day for holding such meeting to a day to be named in such notice.

Adjournment of
Bench when no
Ibid, s. 39.

7. Whenever, by reason of the absence of any members of the Licensing Bench, a quorum cannot be formed at any annual, quarterly, or other meeting of the Bench the Justices present, or if no Justice is present, then the clerk of the Licensing Bench, shall adjourn the meeting of the said Bench to a day, within a period of fourteen days, and the said clerk shall enter in the minute-book of the Bench a memorandum of such adjournment and the cause thereof, and forward a copy of such memorandum forthwith to the AttorneyGeneral.

Bench to appoint 8. Every Bench shall, at its annual meeting, elect a chairman, Chairman.

· who shall hold office until the next annual meeting, and in case Act 191, 1880, s. 23.


The Licensing Act.—1908.

of any vacancy by death, resignation, or disqualification, or in the PART 11. case of the absence of the chairman from any meeting or part thereof, the Bench shall elect another chairman in the stead of the former chairman, either for the special occasion or until the next annual meeting, as the case may require.

9. No Justice who is a brewer, maltster, distiller, wine maker, Disqualification of or licensed dealer in liquor, or in partnership with any such berita

w any such being members of person or persons, or directly or indirectly interested as owner or part Bench. owner or manager of any house licensed or as to which application Ibid, s. 24. for a licence has been made, shall be a member of any Bench, or adjudicate on the hearing of any information, complaint, appeal, or matter under this Act.

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10. (1) Annual meetings of the Benches shall be held respectively Annual meetings to be

hy the held on the second at such places as are from time to time appointed by the Governor for that purpose, on the second Tuesday in March in every year unless every year (unless otherwise fixed as hereinbefore mentioned) for oth the consideration of applications for all licences other than packet Ibid, licences, which meetings may respectively be adjourned for any time that may appear to be necessary; but no decision as to granting licences shall be given on any other day than the day of meeting, or on a day to which such meeting has been adjourned, and when the Bench is assembled for the consideration of applications as aforesaid.

(2) Quarterly meetings of the Benches shall also be held at Quarterly meetings to such places as aforesaid on the second Tuesday in the months of beauty

consideration of June, September, and December in every year, unless other periods applications for have been fixed, as hereinbefore mentioned, for the consideration of such applications as aforesaid, and of applications for permission to transfer or remove any existing licences, other than packet licences, and of applications for the issue of licences for new premises, which meetings may be adjourned as the Benches find necessary: Provided that no such Bench so assembled at such quarterly meeting shall have power or authority to receive or consider any application by any person whose application has been rejected at the preceding annual meeting, or, on personal grounds, at any preceding quarterly meeting, or to grant any licence under this Act to any person or premises in respect of which a licence has been refused at such annual or preceding quarterly meeting, on the ground that such premises are not required for the accommodation of the public, except when the Bench assembled at such annual or preceding quarterly meeting has given permission to the applicant to renew his application, or to prefer a new application, in respect of new or other premises at such quarterly meeting.

(3) Every adjourned meeting shall be deemed to be a continuation Adjourned meetings. of the annual meeting or quarterly meeting (as the case may be).

(4) Special meetings of a Bench may, upon the requisition of any Special meetings for three members of the Bench addressed to the clerk of such Bench, icrfeiture of licences. be held at any time and place for the purpose of considering and


The Licensing Act.—1908.


determining informations for forfeiture of licences under the provisions of this Act.

(15) Each member of the Bench shall be entitled to travelling expenses.

Travelling expenses.

PART 111.

Division 1.

No liquor to be sold in quantities of less tban five gallons, or billiard or bagatelle table to be kept, without a licence, Ibid, 8. 5.


ll. Subject to the provisions of sections 13 and 14 of this Act, no
person shall directly or indirectly sell, or permit to be sold within the
said State, less than five imperial gallons of liquor, or mead, wine, cider,
or perry, nor shall any person keep or maintain any billiard, baga-
telle, or billiard-bagatelle table for hire, or as a means of gain or
profit, without being licensed so to do under this Act.

12. No person in any office or situation under or in the employ of the Government of the said State, or of the Commonwealth of Australia, and no member of the Police Force or inspector, and no sheriff's officer or other person employed to execute any legal process, and no licensed auctioneer shall be licensed under this Act.

Who disqualified from
holding licences.
Ibid, 8. 5.

Exceptions to application of Act.

Ibid, s. 6.

13. (1) The provisions of this Act relating to the sale of liquor shall not apply to the sale of ginger beer, or of spruce beer; nor to the sale of spirituous or distilled perfume, bona fide as perfumery; nor to the prescription or administration of any liquor simply as medicine, or for medicinal purposes, by or under the direction of any known or practising physician, surgeon, or pharmaceutical chemist, within the meaning of " The Pharmacy Act of 1891" or any Act amending or substituted therefor; nor shall any licence under this Act be required for the sale by any person the occupier of a vineyard or orchard, and the delivery after sale, by himself or his servants, in quantities of not less than two imperial gallons of mead, wine, cider, or perry manufactured by such person from honey or fruit produced or grown in the said State: Provided that such mead, wine, cider, or perry is not sold or delivered to any person in a state of intoxication, or to whom it is by this Act made unlawful to sell or supply liquor, and is not consumed on any premises in the possession or occupation of such occupier or his servants, and is not sold or delivered during any day or time during which the sale of liquor is prohibited; nor shall any licence be required by the master or commander of any steamer or other vessel for the supply of any allowance of liquor to the crew of such steamer or vessel. (2) This Act shall not apply— 1. To the sale or supply of liquor in the Parliamentary re

freshment rooms by the permission and under the control of the proper authority; or

11. To

Limitation of application of Act. Ibid, sec. 7 (part).

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