Page images
PDF
EPUB

The Licensing Act.—1908.

RT III.

or for allowing him to remain therein, or for supplying or selling any liquor during any day or time during which the sale of liquor on licensed premises is prohibited by law.

Division vui.

66. Notice of the grant of any certificate under the next pre- Certificates to be ceding section hereof, giving the name of the person to whom, and a

na gazetted. the name of the steamer or vessel in respect of which, the same Act 191, 1880. 5. 62. has been granted, and also the name of the Special Magistrate or Justices by whom the same has been granted, shall be published by the Commissioner of Police in the Gazette as soon as practicable after he receives notice of the grant thereof.

67. If the holder of a licence is desirous of leaving the said

of looping the said Provision for carrying

on business during State for a time, and of appointing a person to act for him absence of licensed during his absence, such holder may give notice of such desire perso to the clerk of the Bench, stating the time he requires to be Ibid, s. 63. absent, and the name and description of the person he wishes so to be appointed to act for him, and shall, on receiving notice from the said clerk, attend before a Special Magistrate with the person he wishes to be appointed, and if such Special Magistrate in his discretion deems such person to be a desirable person to act, and if such person has not been previously refused a licence on personal grounds by any Licensing Bench, such Special Mayistrate may grant a certificate, in the form of Schedule Q hereto, permitting such person so to act for the holder during his absence, for such time, not exceeding twelve months, as such Special Magistrate in his discretion allows: Provided always that the person so permiited to act shall be liable to the same liabilities and penalties as if he were the holder of a licence under this Act, and as if the licence of the person who appointed him to act were the licence of the person so permitted to act.

[ocr errors]

68. (1) If the Special Magistrate nearest to any goldfield Certific

liquor on goldfields. approves of any person holding a publican's licence selling liquor

Act 666, 1896, 4. 49. or any person holding a wine licence selling mead, wine, cider, and perry, on such goldfield, in any erection or building to be approved by such Special Magistrate, the said Special Magistrate may, upon being satisfied that such licensed person has first obtained the consent of the officer in charge of such goldfield, grant one or more certificate or certificates, in the form contained in Schedule R hereto, to sell liquor, or mead, wine, cider, and perry, as the case may be, in a stated place on such goldfield for the residue of the term of the applicant's licence, subject to a fee of Five Pounds for a publican's licence, and One Pound for a wine licence, being paid into the hands of the officer in charge of such goldfield before any such sale is made. Such officer shall pay all fees so received to the Treasurer. (2) Such certificates may on like payment be renewed from time to Renewal of such

certificates. time for a further term of not exceeding six months by the Bench for the district in which such goldfield is situate at any annual or quarterly meeting, so long as the person holding the same holds a licence under this Act: Provided that any person holding such

certificate

[merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]
[merged small][ocr errors]

certificate for premises situate within one mile from the nearest boundary of any town or township which is proclaimed, or from any hotel for which a licence is obtained, shall, after thirty days' notice by the clerk of the Bench for the district, and although the period for which such certificate was granted has not expired, cease to be entitled to sell any liquor under such certificate: No certificate shall be granted to any person in respect of premises situate on Crown lands unless such person has lawful authority to occupy such Crown lands.

[ocr errors][merged small]

Division IX.-FORFEITURE OF LICENCES. 69. (1) If any person holding a licence under this Act is convicted of any felony, such licence shall immediately thereupon be forfeited and void.

(2) If any person holding a publican's licence permits any person whomsoever, other than a member of his family, to manage, superintend, or conduct the business of his licensed premises during his absence for a longer period than one month, without the previous consent in writing of a Special Magistrate or two Justices, or, whether residing in such licensed premises or not, permits any unlicensed person to become virtually or in effect the keeper thereof, or suffers such licensed premises to become ruinous or dilapidated, or neglects or fails to comply with any direction of the Bench as to additional accomodation, then, upon information by any person and on proof of the facts to the satisfaction of the Bench or of any Special Magistrate or any two Justices, such Bench, Special Magistrate, or Justices shall, by an order under his or their hand or hands, or the hand of the clerk of such Bench, declare such licence to be forfeited, and such licence shall thereupon cease to be of any force or effect: Provided that if such licensed premises have become ruinous or dilapidated by reason of fire, tempest, or other cause beyond the control of the holder of such licence, then such licence shall not be declared forfeited until a reasonable time has elapsed for such holder to repair or reinstate such licensed premises.

Exception.

Licence may be forfeited if holder twice, and shall be if thrice, convicted within two or three years. Ibid, 8. 66, altered.

70. (1) If any person holding a licence under this Act is within a period of two years convicted two several times of offences for which his licence is liable to be forfeited as in this Act provided (whether such convictions are in respect of the same kind of offence or not), the Special Magistrate or Justices by whom such person is convicted for the second offence, or the Bench for the district in which the licensed premises in respect of which such person holds a licence are situate, may, or if any person holding a licence under this Act is within a period of three years convicted three several times of such offences as in this section before mentioned, the Special Magistrate or Justices by whom such person is convicted for the third offence, or such Bench as in this section before mentioned shall, upon information by any person and on proof of the convictions, by an order under his or their hand or hands, or the hand of the clerk of such Bench, which order may

be

The Licensing Act.—1908.

be in the form of Schedule S hereto, declare such licence to be PART 111.

DIVISION IX forfeited, and such licence shall thereupon cease to be of any force or effect, and the person whose licence is so forfeited shall thereupon be disqualified for a term of two years from holding any licence under this Act. (2) No such declaration of forfeiture shall be made by a Bench Procedure to obtain

forfeiture. except upon information lodged with the clerk of the Bench within four months after such second or third conviction (as the case may

Act 191, 1880, s. 66 be) as aforesaid, and upon seven days' notice of the hearing of such Altered. information, and of the time and place of the meeting of the Bench being given by the clerk to the holder of such licence.

(3) An order for forfeiture under this section may be made, but Ibid, altered. shall not be enforced, while any appeal against such second or third conviction (as the case may be) is pending; but if such conviction is upheld on appeal such order shall take effect from the time when such appeal is disposed of.

71. If, after any holder of a licence under this Act has been Offence of transferor

a who transfers to wife, convicted of any offence for which his or her licence is liable to be forfeited, as in this Act provided, such holder procures the deemed offence of

transferee as regards transfer of such licence to his or her wife or husband (as the case liability to forfeiture. may be), and after such transfer such wife or husband is convicted Vict. A of any offence or offences, the licence of the transferee shall be s. 110. under the same liability to forfeiture as if the transferee had been the holder of the licence at the time the transferor was convicted of such offence, and had been convicted in the place of the transferor.

ict. Act 11

72. Nothing in this Act shall prevent the infliction of any Forfeiture not a

waiver of penalty. pecuniary penalty or any term of imprisonment to which any person whose licence is forfeited would be liable, or shall in any way New limit the power of any Bench to refuse any licence to such person.

73. (1) Upon granting the renewal of any publican's or wine Forfeiture for not licence the Bench may impose the condition that the licensee shall depositing fresh plan

of premises. deposit new plans of his licensed premises with the clerk of the

New. Bench: Provided that no such condition may be imposed within five years of the first grant of such a licence in respect of such premises, nor within five years of the last deposit of plans thereof as mentioned in this section.

(2) In such case the licence shall at the expiration of six months after such renewal become forfeited and void unless in the meantime the licensee has deposited with the clerk of the Bench such plans of his licensed premises as would be necessary if he were applying for a publican's or wine licence in respect thereof as premises which had not been previously licensed.

74. (1) In case the person who holds a licence which is forfeited Landlord in case of

forfeiture of licence under this Act is a tenant or a mortgagor of the premises in by tenant to be

choul he respect of which such licence is forfeited, it shall be lawful

lowful allowed to carry on

business. for a Judge of the Supreme Court, on an ex parte application

Act 191, 1880, s. 67.

by

The Licensing Act.—1908.

PART III. Division ix.

by the owner or superior landlord, or other person entitled to the reversion of the said premises, or the mortgagee, and on proof by affidavit or otherwise of such forfeiture, to make an order authorising the owner or superior landlord, or other person entitled to the reversion of the said premises, or the mortgagee, or the agent of either of such persons, to enter and take possession of the said premises; and thereupon the person mentioned in such order may enter upon the said premises, and continue and carry on the business thereof until the meeting of the Bench for the district in which the premises are situated held next after the expiration of twenty-eight days from the time of such entry, at which meeting an application may be made by such person in possession for a new licence; and the proceedings to obtain such licence shall be the same as in ordinary cases for obtaining a licence for previously licensed premises.

(2) The person authorised by such order to enter and take possession shall until such meeting of the Bench be deemed to be a licensed person, and such order shall be deemed to be his licence, and he shall be liable to the same liabilities and penalties as if he were the holder of a licence under this Act.

And deemed to be
licensed.
New.

DIVISION X.

Incorporated company may hold publican's licence.

anv.

Manager of licensed premises to be approved by the Bench.

Division X.--GENERAL. 75. (1) A company incorporated under the laws of the said State, and with the sole object of carrying on the business of a licensed victualler, may hold a publican's licence in respect of one hotel only.

(2) Upon appiying for any such licence the company shall submit to the licensing Bench the name of a person as its manager of the licensed premises, and for the purpose of objections such person shall be deemed to be the applicant. The licence shall state the manager's name, and the approval in writing of the Chairman of the Licensing Bench for the district shall be necessary before any change of manager will be recognised for the purposes of this Act.

(3) For the purposes of this Act the manager of the licensed premises shall be deemed to be the person licensed in respect of the premises or the holder of the licence thereof; and such premises shall be deemed to be his licensed premises or the premises in respect of which he is licensed or holds a licence.

(4) In addition to the manager the company shall be responsible to pay the amount of any fines or penalties incurred or inflicted in consequence of any offence upon the licensed premises against this Act or any Act amending this Act, and the same may be enforced by distress in manner provided by the Ordinance No. 6 of 1850.

Manager deemed to be licensee.

Company liable for fines and penalties.

No publican's or
wine licence to be
held by a woman,
except in certain
cases.
Cf. N.S.W. Act 18,
1898, s. 23,

76. No application for the grant, renewal, or transfer of a publican's or wine licence to a single female shall be entertained, nor shall any such licence be held by a single female, unless she is(a) At the time of the passing of this Act the holder of such a

licence, or

(6) At

The Licensing Act.—1908.

(6) At the time of the passing of this Act the owner or lessee of Part I.

DIVISION X. premises in respect of which such a licence is current at the time of the passing of this Act.

77. Any Special Magistrate, Justices, or Bench who hear any Costs may be ordered. information for forfeiture of a licence may, if he or they think fit, Act 191, 1880, s. 68. order any person whose licence is forfeited to pay costs to the person on whose information such forfeiture is ordered; or in case any such information is dismissed, may order the person (other than a member of the Police Force or an inspector) laying such information to pay costs to the holder of the licence.

78. The clerk of the Court (other than a Licensing Bench) by Clerk of Court in

which forfeiture whom or in which any forfeiture of a licence is ordered, or, if there ordered to forward is no clerk, then the Special Magistrate or Justices declaring such particulars to clerk

of Adelaide Bench. forfeiture, shall, within seven days after such forfeiture, report the Ibid. 2. 69. same to the clerk of the Licensing Bench for the Licensing District wherein the premises of which the licence is so forfeited are situated: Provided that in case the person whose licence is so declared forfeited appeals against such forfeiture, no such report shall be made until after such appeal is disposed of.

79. (1) The clerk of each Licensing Bench

Clerks of Benches

to publish particulars (u) Shall cause a report to be inserted in the first, second, or of applications.

third number of the Gazette published next after each Ibid, ss. 59 and 70.
annual and quarterly meeting of such Bench showing the Altered.
date of such meeting, the names of all applicants, the
nature of the applications, the names and situations of the
premises in respect of which the applications were made,
and the manner in which the applications were disposed
of, including (if such Bench so directs), in case of a
refusal, the particular objection or objections (if any) on
account of which the refusal was made, and shall send a
duplicate of such report to the clerk of the Licensing Bench

for the Adelaide Licensing District; and (6) Shall cause particulars of every forfeiture of a licence in And of forfeitures and

respect of premises situated within the Licensing District cer
over which such Bench has jurisdiction, and of the issue lbid.
of every certificate or other authority under this Act to
sell or supply liquor or carry on the business of any licensed
premises so situated of which he receives notice or has
knowledge to be inserted in the first second, or third
number of the Gazette published next after he receives

notice or acquires knowledge of such events. (2) The Clerk of the Licensing Bench for the Adelaide Licensing Clerk of Adelaide

Bench to keep record District shall file the duplicates of the reports sent to him as . required by subsection (1) of this section as a record which shall

Ibid, s. 59. be open for inspection by any person at the office of such clerk without payment of any fee.

80. Whenever

certificates.

premjledge to beGazette pube of such e

ns.

« EelmineJätka »