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The Licensing Act.—1908.
T INI. DIVISION v.
licence fee as would have been payable if the licence had been granted at the annual meeting of the Bench; and in the event of a licence being granted by the Bench at a subsequent meeting, no further fee shall be payable in respect of such licence for that licensing year.
Act 191, 1880, s. 50.
(6) Any person entering upon premises within the twenty-eight days immediately preceding an annual meeting of the Bench, in consequence of any of the events mentioned in any subdivision except sii. of the said first column, shall, within seren days after obtaining such certificate as aforesaid, present or send the same to the Treasurer, and pay the same licence fee as would have been payable if such certificate had been a licence granted at such annual meeting; and in the event of a licence being granted by the Bench at a subsequent meeting, no further fee shall be payable in respect of such licence for that licensing year.
(7) From and after the entry of any person under the provisions of this section upon any premises, until the grant to such person of a certificate as aforesaid, such person shall be deemed a licensed person, and shall be subject to the same liabilities and penalties as if he held a licence under this Act, and such certificate, when granted, shall be subject to the same indorsements as if it had been in force at the time of such entry.
(8) The production of a notice of entry given by any person under this section shall be sufficient proof, in any proceedings for any offence against this Act, that such person has entered upon the premises therein mentioned, and that he is carrying on the business thereof.
(9) Whenever a Special Magistrate or Justices grant a certificate under this section, he or they shall forthwith send particulars of the same to the clerk of the Bench.
Division VI.- REMOVAL OF LICENCES. Removal of licence to 55. (1) If any person holding any licence under this Act, other premises. Act 191, 1880, 8. 62.
except a packet licence, is desirous of removing his business to
other suitable and convenient premises, he shall, twenty-eight Altered.
days before any quarterly meeting of the Bench, deliver to the clerk of such Bench, and also post and keep posted until such meeting, on the outer door of the licensed premises and of the premises to which it is proposed to remove the licence, a notice in the form in Schedule M hereto; and in case the licence sought to be removed is a publican's or wine licence, he shall with such notice deliver to the clerk plans of the premises to which it is proposed to remove such licence, and the clerk shall take proceedings thereon similar to those hereinbefore directed with regard to applications for licences.
(2) The plans to be delivered under subsection (1) of this section shall comply with all the requirements as to plans containeil in section 32 of this Act.
The Licensing Act.—1908.
Part . DIVISION VI.
(3) Nothing herein contained shall be construed to make it obligatory on the holder of a licence who puts up new premises of the same or superior accommodation to, and on the site of his licensed premises, to apply for a removal of his licence to such new premises.
56. The objections to a removal of which notice may be given Nature of objections are the following:- That the licensing of the house to which it is to remo proposed to remove the licence is not required for the accommoda- Ibid, s. 63, altered. tion of the public; or that it is 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 persons using or frequenting such church, place of worship, hospital, or school ; or that the quiet of the locality in which such house is situated will be disturbed, if a licence is granted for the sale of liquor in such house (but such last-mentioned objection shall not be entertained unless a petition against the removal of such licence to such house is presented to the Bench signed by at least two-fifths of the electors in the immediate neighborhood of such house); or that the lease under which the holder of the licence occupies his house contains a covenant or prohibition against removing the licence to any other house without the consent of the lessor, and that such consent has not been obtained; that there is direct means of communication between any store, shop, office, or dwelling-house and the premises mentioned in the application or the appurtenances thereof or any premises within the same enclosure as the premises mentioned in the application, that the said premises or any adjacent store, shop, or house, owned or occupied by the applicant (whether there is or is not any such means of communication between such adjacent store, shop, or house and the said premises) is of a disorderly character, or frequented by prostitutes, thieves, or persons of bad character.
of prohibitioner of the licencof such hous
(2) If the application is for the removal of a publican's licence Cf., 8. 47, ante. notice of the following objections may be given, in addition to the foregoing, namely:--1f the premises are situated in or within ten miles of the city of Adelaide, that they 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. If such premises are situated more than ten miles from the city of Adelaide, that they 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, or that there is not a stable on the premises, capable of containing, at least, four horses, with a sufficient quantity of hay and corn (but want of stabling accommodation shall not be an objection to premises within the limits of a Municipality whose population numbers two thousand or over).
The Licensing Act.—1908.
Wherever such premises are situated, that they have not decen 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.
Mode of removal of licence from one house to another. Ibid, 8. 64.
57. (1) The provisions of section 33 of this Act shall apply, mutatis mutandis, to an application for removal; and the Bench assembled at any quarterly meeting may remove the licence from one house to another, by a certificate in the form of Schedule N hereto, under the hand of the clerk of such Bench, and thereupon, and on payment of the sum of Twenty Shillings for such certificate, the holder of such licence shall be authorised to carry on business thereunder in the premises to which such licence is removed, instead of in his former house, in the same manner as if such licence had been originally granted in respect of the premises to which such licence is so removed, according to the tenor and effect of such licence; and the premises in respect of which such licence was originally granted shall thereupon cease to be licensed.
Act 540, 1891, s. 28.
(2) No licence shall be removed from premises situated within any Local Option District to premises situated within another Local Option District.
DivisION VII. Division VII.-PROCEDURE ON HEARING OF APPLICATIONS. Proceedings on appli- 58. The provisions of this Act as to the proceedings upon an cation for transfer or removal same as on application for a licence shall apply as nearly as possible to the proapplication for licence. ceedings upon an application for the transfer of a licence or the Act 191, 1880, 8. 48. removal of a licence from one house to another.
Discretion of Bench 59. (1) No licence shall be renewed nor shall any application
applications. be granted as a matter of course ; and upon the hearing of any Act 540, 1891, s. 10, application for the grant, renewal, transfer, or removal of a enlarged.
licence, whether notice of objection has been delivered or not, and whether objection is taken at the hearing or not, the Bench shall hear, inquire into, and determine the application and all such objections (if any) on the merits, and shall grant or refuse the application upon any ground which, entirely in the exercise of its discretion, it deems sufficient; and against such grant or refusal there shall be no appeal.
Need not state grounds for decisior.
(2) It shall not be necessary for the Bench to state the ground or reason for its decision to grant or refuse such application ; or, if refused, to state upon what (if any) particular objection the application is refused.
(3) No compensation shall be payable to any person by reason of the refusal of the Bench to grant any application.
60. (1) The
The Licensing Act.—1908.
60. (1) The applicant, or any person objecting to the grant of Part 111. a licence, or to the renewal, transfer, or removal, of a licence, may
DIVISION VII. obtain, at the office of the clerk of the Bench, summonses for Witnesses may be witnesses; such summons shall be in the form in Schedule O hereto,
summoned. or to the like effect.
Act 171, 1880, 8. 55 (2) The Bench may direct that any person, whose evidence they New. deem it desirable to have, be summoned to attend and give evidence in the matter of any application for the grant, renewal, transfer, or removal of a licence. The clerk shall thereupon issue such summons as mentioned in subsection (1), and cause the same to be served upon such person. The provisions of sections 225 and 226 of this Act shall apply to every person summoned to attend and give evidence under this subsection.
61. The applicant for the grant, renewal, transfer, or removal Applicant may be of a licence may be summoned under the next preceding section des hereof to attend and give evidence upon the hearing of the New. application; and, whether summoned or not, such applicant may, if present at the hearing, be called as a witness. All the provisions of the next preceding section and of the sections therein mentioned shall apply to any applicant so summoned and to any applicant present at the hearing.
onnliction and foiline against unsuccessful
62. The Bench, assembled at an annual or quarterly meeting, Costs may be given may order that any person objecting to any application, and failing
18 objector. to support such objection to their satisfaction, shall pay to the
Act 191, 1980, 8. 57. applicant a sum not exceeding Ten Pounds, for the costs incurred by such applicant in supporting such application ; and such costs may be recovered in the same manner as any sum of money ordered to be paid by any order of Justices: Provided always that no such order shall be made where such objection is made by any member of the Police Force or any inspector.
63. (1) If any person entitled to apply for the renewal of any Special permits to licence in respect of any premises fails to make application therefo carrs, on licensed
premises. to the Bench within the proper time, it shall be lawful for a Special Act 666. 1896, S. 45. Magistrate, if satisfied that such failure arose through illness, altered, accident, or misadventure, to grant to such person a certificate which shall authorise such person to carry on the business of such premises until the next quarterly meeting of the Bench; and such person shall, during the period such certificate continues in force, be deemed a licensed person, and shall be subject to the same liabilities and penalties as if he held a licence under this Act, and such certificate shall whilst in force be deemed to be the licence of such person.
(2) Such person shall, within seven days after obtaining such certificate, present or send the same to the Treasurer, and pay the same licence fee as would have been payable if such certificate had been a licence granted at the annual meeting of the Bench, and in the event of a licence being granted by the Bench at a subsequent meeting no further fee shall be payable in respect of such licence for that licensing year.
The Licensing Act.—1908.
- - - --- - -- - - ----- ---PART III.
Division VIII.-SPESIAL AU'I HORITIES TO Sell LIQUOR. DIVISION VIII.
64. If any two Justices living within ten miles of any licensed Five days' certificate may be granted in premises or any Special Magistrate approves of any person (holdcertain cases.
ing at the time a publican's or wine licence for such premises) Ibid., s, 60. selling liquor or mead, wine, cider, and perry, as the case may be, Act 540, 1891, s. 34. in an
in any booth or building at any fair, military encampment, agri.
honth a buildino et on Altered.
cultural exhibition, races, regatta, rowing match, cricket ground, or other place of public amusement, for a period not exceeding five days, such Justices or Special Magistrate, upon being satisfied that such licensed person has first obtained the consent and approval of the stewards, committee of management, or other persons having the conduct, control, or management of such fair, encampment, agricultural exhibition, races, or other amusement, and of the officer of the Police Force in charge of the station nearest the licensed premises, may signify their or his approval in writing, by a certificate in the form contained in Schedule P hereto, and thereupon and upon payment, by any person holding a publican's licence, for such certificate of a fee of One Pound for the first day and Ten Shillings for every subsequent day for which the certificate is granted, and, by any person holding a wine licence, for such certificate of a fee of Ten Shillings for each day for which the certificate is granted, it shall be lawful for such licensed person to sell liquor, or mead, wine, cider, and perry accordingly, in such booth or building, for the number of days specified in such certificate: Provided always that nothing herein contained shall be construed as an authority for selling
or supplying any liquor to any person to whom it is by this Act made unlawful to sell or supply liquor, or for admitting such person to any such booth or building, or for allowing him to remain therein, or for selling or supplying any liquor during any day or time during which the sale of liquor on licensed premises is prohibited by law: Provided further that this section shall not apply to the occasion of any cadets' military encampment, or of any races, regatta, rowing, or other match, or sports held in connection with any college or school or any association of which the members are, or may be,
of less than twenty-one years of age. l'acket certificates. 65. Any Special Magistrate or two Justices may, by a certiAct 540, 1891. s. 32, ficate in duplicate, give permission to the master or commander of altered.
any steamer or other vessel (in respect of which a packet licence has