PART III.

DIVISION X.

duplicate of lost

licence. Ibid, s. 71.

The Licensing Act.-1908.

80. Whenever any licence granted pursuant to this Act is lost or destroyed, the licensee, or the holder of a certificate authorising Provision for issuing such holder to carry on business in any licensed premises, may apply to the Bench by which such licence was granted, at any quarterly meeting, for a duplicate thereof, and such Bench, if satisfied of the loss or destruction of such licence, and that the same has not been forfeited or transferred or wilfully destroyed, may grant the issue of a duplicate licence; and the clerk of such Bench shall make out and forward to the Treasurer, or to some officer appointed by him, a duplicate of the original licence, and such Treasurer or officer shall, upon payment of a fee of One Pound, deliver such duplicate licence to such licensee or holder of a certificate.

Power of Benches to make rules and regulations.

Ibid, s. 72.

DIVISION XI.

Existing licences.

No liquor to be sold in club unless registered or except to a member.

Ibid., s. 5.

No club registered

with.

N.S.W., 1905, s. 45.
Vic., No. 2068, s. 7.

81. Any Bench may from time to time make regulations, not inconsistent with this Act, as to the mode of hearing applications for licences, and for the renewal, transfer, and removal of licences, and generally as to the manner of conducting the business of such Bench and providing for emergencies. Until such regulations are made, the regulations contained in Schedule T hereto shall be observed by the Benches. All such regulations made by any Bench shall, after being approved by the Governor in Council, be published in the Gazette. Upon such publication, after approval, every such regulation shall have the full force of law.

DIVISION XI.-CLUBS.

82. Every club licence granted by a Licensing Bench and in force at the commencement of this Act shall have no force or effect after the twenty-fifth day of March next after the coming into operation of this Act.

83. (1) No liquor shall be sold or supplied by or on behalf of a club in the club premises or kept in or upon such premises unless such club has been duly registered pursuant to this Act, and unless such liquor is sold or supplied to a member of such club, or is supplied to a visitor in the presence and at the expense of a member thereof.

(2) Every person who sells or supplies or keeps liquor, and every member of the committee of management of a club who permits the sale or supply or keeping of liquor, in contravention of this section, shall for every such offence be liable to a penalty of not exceeding Ten Pounds.

84. No club shall be or continue to be registered under this Part unless Act complied of this Act unless all the following conditions exist with respect to it:(a) The club must be a bona fide association, body, or company of not less than one hundred persons in the case of a club established in the City of Adelaide, and not less than fifty persons in the case of a club established else where:

(b) The

The Licensing Act.-1908.

(b) The club must be a body, association, or company associated
together for social, literary, political, sporting, athletic, or
other lawful purpose:

(c) The club must be established for the purpose of providing
accommodation for the members thereof, or for such mem-
bers and their guests, upon premises of which such asso-
ciation, body, or company are the bona fide occupiers:
(d) The accommodation must be provided and maintained from
the joint funds of the club, and no person must be entitled
under its rules or articles to derive any profit, benefit, or
advantage from the club which is not shared equally by
every member thereof:

(e) The premises upon which the club is established and the
accommodation must be suitable for the purposes of the

club:

(f) No payment or part payment of any secretary, manager,
or other officer or servant of the club shall be made by
way of commission or allowance from or upon the receipts
of the club for liquor supplied:

(9) A register of members of the club for the time being shall
be kept on the club premises as hereinafter required:
(h) The business and affairs of the club must be under the
management of a committee elected for not less than
twelve months by the general body of members.

be

(i) In the case of a club which existed as a bona fide club, and was duly licensed on or before the first day of January, one thousand nine hundred and seven, such club may registered under this Part of this Act, notwithstanding that it does not comply with the provisions of paragraphs (c) and (d) of this section.

PART III.

DIVISION XI.

85. (1) No club shall be eligible to be registered unless its rules Rules of club. provide that

Act No. 2068, s. 8
Vic. Act, No. 40,

(a) The committee shall hold meetings at least once a quarter, of 1905, N.S.W.

and minutes of all resolutions and proceedings of such
committee shall be entered in a book to be kept for that
purpose;

(b) The names and addresses of persons proposed as ordinary
members of the club shall be displayed in a conspicuous
place in the club premises for at least a week before their
election, and an interval of at least two weeks shall elapse
between nomination and election of ordinary members;
(c) All members shall be elected by the general body of members
or by a general or by an election committee, and a record
shall be kept by the secretary of the club of the number of
the members voting;

PART III.

DIVISION XI.

Manner of applica

The Licensing Act.-1908.

(d) There shall be a defined subscription of not less than Twelve Shillings per annum payable by members monthly, quarterly, half-yearly, or annually, in advance;

(e) Correct accounts and books shall be kept showing the
financial affairs of the club and the particulars usually
shown in the books of accounts of a like nature;

(f) A visitor shall not be supplied with liquor in the club premises
unless in the company and at the expense of a member;
(g) No person shall be allowed to become an honorary or
temporary member of the club, or be relieved of the pay-
ment of the regular subscription, except those possessing
certain qualifications defined in the rules and subject to
conditions and regulations prescribed therein;

(h) No person under twenty-one years of age shall be admitted a
member of the club except when a club is primarily
devoted to some athletic purpose in which case there shall
be no limitation of the age of a member. No liquor shall
be sold or supplied to any person under twenty-one years
of age;

(i) No liquor shall be sold or supplied for consumption elsewhere than in the club premises unless such liquor is removed from the club premises by the member purchasing the same; and

(j) No person under eighteen years of age, except boys who are being trained as waiters or messengers and are not allowed to serve behind the bar, shall be employed in the premises of such club.

(2) The Governor may, by Proclamation, declare that any club named therein which is mainly devoted to some athletic purpose, and the management of which is vested in trustees, shall be exempted from compliance with paragraphs (b) and (c) of this section, and with paragraphs (c) and (h) of section 84, and such trustees shall, for the purposes of this Division, be deemed the elected committee of the club.

86. The secretary, steward, or manager of a club desiring to be tion for registration. registered under this Act shall, twenty-eight days before the meeting of the Licensing Bench at which he intends to apply for a certifi

Act 666, 1896, s. 8.

cate

(a) Post on the outer door of the premises in respect of which
such certificate is intended to be applied for a notice in
the form applicable in Schedule E hereto; and

(b) Deliver to the clerk of the Bench for the licensing district in
which the premises of the said club are situated a duplicate
of such notice, accompanied by a certified copy of the
rules of such club and a statutory declaration by the
secretary, steward, or manager of the names and addresses
of the committee of management thereof and of the
number of bona fide members of the club at the date of
application.
87. (1) The

The Licensing Act.-1908.

PART III.

DIVISION XI.

87. (1) The secretary, steward, or manager of a club desiring to obtain a renewal of its certificate of registration shall, twentyeight days at least before the annual meeting of the Bench, deliver Application for to the clerk of the Bench a notice in the form applicable in Schedule renewal. E hereto.

(2) Such notice shall be accompanied by the following docu

ments

(a) A printed copy of all rules of the club certified as correct by the secretary, steward, or manager:

(b) A statutory declaration by the secretary, steward, or manager of the names and addresses of the members of the committee of management, and of the number of bona fide members of the club at the date of the application.

New.

88. When application is made for the grant or renewal of any Notice of application such certificate of registration the clerk of the Bench shall file the Police and inspector. same and forthwith cause notice of such application and the par- Act 191, 1880, s. 42. ticulars thereof to be forwarded to the Commissioner of Police and

the inspector for the licensing district.

89. The inspector, on receipt of any such notice, may Inspection of club inspect the premises of the club and the register of its members, premises. and satisfy himself by proper inquiries that such premises are in a Act 2068 Vic., s. 10, satisfactory condition, and that the provisions of this Division are being duly observed.

altered.

Notice to be given of time for making obAct 191 of 1880, s. 37,

jections.

90. The clerk of the Adelaide Bench shall, by advertisement in the Gazette published not less than five weeks before the annual meetings of Benches, give notice requiring all persons having any complaint against the management or condition of any registered altered. club, or of the premises thereof, 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 meetings, and to attend at such annual meetings to substantiate such complaint. N Such notice may be in the form of Schedule H hereto.

Form of notice.
New.

91. (1) Every applicant for registration of a club not previously Personal attendance registered shall

(a) Attend the Bench on the hearing of his application; and,
(b) If required by the Bench, verify upon oath the averments
contained in such application.

(2) No applicant for a renewal of a certificate of registration of a club who has given notice as required by this Act shall be required to attend the Bench for the purpose of obtaining a renewal of the certificate of registration unless notice of objection to the application, stating the grounds, has been duly served as required by section 95.

92. (1) The

of applicant required. Act 666, 1869, s. 9, altered.

PART III.

DIVISION XI.

Proceedings on consideration of application.

Ibid., s. 38.

Need not state

grounds for decision.

New.

No compensation for non-renewal of licence.

Objections to grant or renewal of registration.

N.S. W., No. 40, 1905, s. 40, Vic., No. 2068, sec. 12.

The Licensing Act.-1908.

92. (1) The proceedings on the consideration of any application or any objection to an application for a certificate of regis tration of a club, and also of every application or objection to any application to renew such certificate or change the premises, shall be public.

(2) The Bench assembled at their annual or quarterly meetings, or at any adjournment thereof—

(a) Shall hear, inquire into, and determine on the merits all such applications, and also all objections which are made to any such applications:

(b) Shall hear on oath such witnesses as are called :

(c) Shall grant or refuse the application entirely in the exercise of its discretion, and against such grant or refusal there shall be no appeal:

(d) May direct that such additional accommodation shall be supplied in or repairs made to such club premises and in such manner and within such reasonable time as they deem fit. (3) 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.

(4) No compensation shall be payable to any person by reason of the refusal of the Bench to grant any application.

93. (1) At the hearing of an application for grant or renewal of registration objections may, subject to section 95, be taken upon one or more of the following grounds:

(a) That the application made by the club or the rules of the club or any of them are in any respect specified in such objection not in conformity with this Act:

(b) That the club has ceased to exist or that the number of members is less than one hundred or fifty, as the case may be, according to the locality in which the premises are situated :

(c) That the club is not conducted in good faith as a club, or that it is kept or habitually used for any unlawful purpose or mainly for the supply of liquor:

(d) That there is frequent drunkenness in the club premises, or that persons in a state of intoxication are frequently seen to leave the club premises, or that the club is conducted in a disorderly manner:

(e) That illegal sales of liquor have taken place in the club premises:

(f) That persons who are not members are habitually admitted to the club premises, merely for the purpose of obtaining liquor:

(g) That