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The Licensing Act.—1908.

11. To the sale or supply of liquor to any member of the

PART III.

hondoo DIVISION I. Defence Forces in any canteen established under a permit issued by the proper authority.

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Rail.

14. The provisions of this Act shall not affect the provisions of Modification of Rail.

way Refreshment. " The Railway Refreshment-rooms Act, 1887,” which shall continue rooms Act, 398 of

1887. in force with the following modifications :

(a) Section 8 of the said Act shall be read as follows:

8. Every person holding a licence under this Act shall, for the purposes of sections 114, 115, 117, 118, 123, 127, 142, 144, 145, 146, 147, 148, 149, and 175 of “ The Licensing Act, 1908,” be deemed to be a person holding a licence under that Act, and the refreshmentrooms for which he holds a licence under this Act shall for such purposes be deemed to be licensed premises under that Act; and every conviction for any offence against any of the above-mentioned sections, or against section 128, 141, 171, or 173 of the said Acts shall be deemed to be a conviction for an offence against this Act also.

(6) No licence shall be granted or issued pursuant to the said Act

for a longer period than twelve calendar months from the
day of the issue thereof, or shall continue in force for any
longer period.

(C) Section 12 of the said Act shall be read as if there were added

at the end and as part of the said section the following
words :-

nor, except to bona fide travellers as defined by section
158 of “ The Licensing Act, 1908,” during any day or
time during which the sale of liquor is prohibited by
law.

(d) The provisions of sections 160, 161, 163, 164, 165, 167, and

168 of this Act shall apply to any person licensed under
“ The Railway Refreshment-rooms Act, 1887,” to the
refreshment-rooms for which he is licensed, to the sale or
supply of liquor therein, to the purchase or obtaining, or
attempt to purchase or obtain, or drinking of liquor therein
and to the presence of any person therein; and proceedings
may be taken under this Act for any contravention of such
last mentioned sections as if such refreshment-rooms were
premises for which a licence was granted under this Act,
and as if the licensee in respect of such refreshment-rooms
were the holder of a licence under this Act. A conviction
in such proceedings shall be deemed to be a conviction for
an offence against " The Railway Refreshment-rooms Act,
1887,” as well as against this Act.

Division

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PART 11.
DIVISION II.
Nature of licences.
Ibid, s, 7.
Adapted.

Division II.—Classes of LicenCES AND Fees. 15. The licences to be granted by virtue of this Act shall be of nine classes, that is to say, one to be denominated a “ Publican's Licence,” which shall be in the form No. 1 of Schedule B to this Act; another to be denominated a “Storekeeper's Licence,” which shall be in the form No. 2 of the said schedule; another to be denominated a “ Wine Licence," which shall be in the form No. 3 of the said schedule; another to be denominated a “ Storekeeper's Australian Wine Licence,” which shall be in the form No. 4 of the said schedule; another to be denominated a “ Packet Licence," which shall be in the form No. 5 of the said schedule ; another to be denominated a “ Registration of a Club,” which shall be in the form No. 6 of the said schedule ; another to be denominated a 66 Brewer's Colonial Ale Licence," which shall be in the form No. 7 of the said schedule; another to be denominated a “ Distiller's Storekeeper's Licence,” which shall be in the form No. 8 of the said schedule ; and another to be denominated. a “ Billiard-table Licence,” which shall be in the form No. 9 of the said schedule.

Publican's licence.
Ibid, s. 8.

Annual fee for publi-
can's licet ce.
Act 540, 1891, s. 6.

16. (1) Every publican’s licence shall authorise the person thereby licensed to sell and dispose of any liquor, in any quantity, in the house or on the premises therein specified, in the manner hereinafter mentioned.

(2) The annual fee to be paid for a publican's licence shall be
as follows:- If the house or premises described in the licence are
situate within the limits of a Municipal Corporation or District
Council, and the same are assessed by such Corporation or District
Council for rating purposes at an annual value of not exceeding the
amount mentioned in the first column of this section, the annual fee
for such licence shall be the amount specified in the second column
opposite to the annual value mentioned in such first colump.
First Column.

Second Column.
Annual Value.

Licence Fee.
£100

£15
£200
......................

£20
£300

£30 £400

£35 Over £400

£40 If the house or premises are not situated within the limits of any such Corporation or Council, the annual fee for such licence shall be Fifteen Pounds.

Storekeeper's licence 17. (1) Every storekeeper's licence shall authorise the person Act 191, 1880, s. 10 thereby licensed to sell and dispose of liquor in the house,

or on the premises therein specified, in quantities of not less than one gallon of one kind of spirits, or one dozen reputed quart bottles, or two dozen reputed pint bottles of wine or other fermented liquor, to be taken away at one time by one person, and not to be drunk in or about the house, or on the premises in which such

liquor is sold. Annual fee for store.

(2) The annual fee to be paid for a storekeeper's licence shall be keeper's licence. Ibid, s. 11. Ten Pounds.

18. (1) Every

ISION II.

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The Licensing Act.—1908.

PART III. 18. (1) Every wine licence shall authorise the persons thereby Dia licensed to sell in the house or shop, or on the premises therein v.

Wine licence. specified, mead, wine, cider, or perry in any quantity, for consump- Thida 12. tion on the premises or otherwise.

Annual fee for wine (2) The annual fee for a wine licence shall be Ten Pounds.

licence.

Ibid, s. 13. 19. (1) Every storekeeper's Australian wine licence shall authorise Storekeeper's

Australian wine the person thereby licensed to sell on the premises therein specified lid mead, wine, cider, or perry, in quantities of not less than one reputed quart bottle, to be taken away at one time by one person, and not to be drunk on the premises in which such liquor is sold.

(2) The annual fee for a storekeeper's Australian wine licence Annual fee for storeshall be Five Pounds.

keeper's Australian wine licence.

Ibid, s. 15. 20. No person holding a storekeeper's or a storekeeper's Licensee under store

no keeper's or storeAustralian wine licence shall, whilst continuing to hold the same, be capable of holding a wine licence, and if any wine licence is wine licence not to

hold wine licence. at any time granted and issued to any person holding a storekeeper's or a storekeeper's Australian wine licence, such wine licence shall be void and of no effect.

14

8 Australian

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21. (1) Every packet licence shall authorise the master or com- Packet licence. mander of any steamer or other vessel thereby licensed to sell and Ibid. dispose of liquor in any quantity to any passenger on board sucli steamer or vessel during any voyage or passage, but not, in the case of a steamer or vessel plying only from port to port within the said State, whilst such steamer or vessel is at her berth or moorings nor until she has proceeded on her voyage or passage. (2) The annual fee for a packet licence shall be Ten Pounds. Annual fee for

packet licence.

Act 191, 1880, s. 17. 22. The effect of a registration of a club and the annual fee payable therefor shall be as provided in Division XI. of this Part.

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23. (1) Every brewer's colonial ale licence shall authorise the Brewer's colonial ale brewer thereby licensed to sell and dispose of liquor on the premises licen therein specified in quantities of not less than two gallons of one Act 773, 1901, s. 4. kind of spirits or one dozen reputed quart bottles, or two dozen reputed pint bottles, of wine or other fermented liquor, to be taken away at one time by one person, and not to be drunk in or about the house or premises in which such liquor is sold. Such licence shall be granted only to a brewer of ale, stout, or other fermented liquor.

(2) The annual fee for a brewer's colonial ale licence shall be Annual fee therefor. Ten Pounds. (3) No person while holding a brewer's colonial ale licence shall Holder of such licence

not to hold wine be capable of holding a storekeeper's licence or a wine licence. Any licence or storegrant of either of such last-mentioned licences to a person holding keeper's licence.

Ibid, s. 5. a brewer's colonial ale licence shall be void and of no effect.

(4) All

The Licensing Act.–1908.

PART III. DIVISION II. Provisions applicable to brewer's colonial ale licences. Ibid, s. 6.

(4) All the provisions of this Act relating to a storekeeper's licence shall apply to a brewer's colonial ale licence, except where inconsistent with or inapplicable to such licence.

Distiller's storekeeper's licence. Act 784, 1902, s. 3

24. (1) Every distiller's storekeeper's licence shall authorise the distiller thereby licensed to sell and dispose of liquor on the premises therein specified, in quantities of not less at one time than two gallons of one kind of spirits, or one dozen reputed quart bottles, or two dozen reputed pint bottle of wine or other fermented liquor to be taken away at one time by one person, and not to be drunk in or about the house or premises in which such liquor is sold. Such licence shall be granted only to a person holding a distillation licence under any statutory enactment in force in the Commonwealth of Australia.

Ibid, s. 2.

Annual fee therefor.

(2) The annual fee for a distiller's storekeeper's licence shall be en Pounds.

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Holder of distiller's (3) No person, while holding a distiller's storekeeper's licence, licence not to hold

er's or wine shall hold a storekeeper's licence or wine licence. Any grant of licence.

either of such last-mentioned licences to a person holding a distiller's Ibid, s. 5.

storekeeper's licence shall be void and of no effect.

Provisions applicable to distiller's storekeeper's licences. Ibid, s. 6.

(4) All the provisions of this Act relating to a storekeeper's licence shall apply to a distiller's storekeeper's licence, except where inconsistent with or inapplicable to such licence.

Billiard-table licence. 25. (1) Every billiard-table licence shall authorise the person Act 191, 1880, s. 18. thereby licensed to keep, set up, and maintain, on the premises

described in such licence, billiard, bagatelle, and billiard-bagatelle tables, or any of them, and to allow such tables to be used only between the hours of eight in the morning and eleven at night, but not at any time on any Sunday, Christmas Day, or Good Friday.

(2) The annual fee for a billiard-table licence shall be Five

• Pounds; but every holder of a publican's licence or club licence Ibid, s. 19.

shall be entitled to a billiard licence in respect of his licensed Act 540, 1891, s. 25.

premises without the payment of any fee.

Annual fee for

Increase of fees con-
sequent upon local
option reduction.
New

26. Notwithstanding anything in this Act contained, after any reduction of the number of licences of any class in a Local Option District in pursuance of a resolution adopted at any local option poll taken in such district, the annual fee to be paid for a licence of such class in respect of premises situated in such district shall be increased in accordance with the scale set forth in Schedule C to this Act.

Fees to be paid to 27. The fees for all licences, certificates, and permits under this Treasurer.

Act shall be paid to the Treasurer. Act 640, 1891, s. 10.

28. Every The Licensing Act.—1908.

28. Every licence, other than a packet licence, shall, without Part II. regard to the date thereof, commence and take effect from the day Division II. on which the same is actually issued by the Treasurer, as in this Act Licences to take effect

t: from date of issue. mentioned, and, if not previously forfeited, shall be in force until and including the twenty-fifth day of March in the year next fol- Ibid, lowing the date of the licence, but no longer, and every packet licence shall, if not previously forfeited, he in force for twelve months from the date of its issue.

29. In the case of any licence being issued for a period of less Licences for part of

the year. than one year, a proportionate amount only of the licence fee shall be payable by the licensee.

Act 191, 1880, s. 21.

licences, other than

Division III.-APPLICATIONS FOR LICENCES, MEMORIALS, AND DIVISION III.

OBJECTIONS. 30. Applications for all licences, except packet licences, or for Application for any licence, except a packet licence, being transferred or removed, no

sierteu 01 Temoved, packet licences, to be shall be made to and considered by the Bench for the district in made to Bench. which the premises licensed or proposed to be licensed are situated: Ibid, s. 25. Provided that in case any such premises are situated beyond the proclaimed districts, or within a district in which there is not any duly constituted Bench, then the application shall be made to the Bench nearest to the locality in which such premises are situated.

reasurer,

31. Packet licences shall be issued by the Treasurer to the Packet licence to be master or commander of any steamer or other vessel making passages and conveying passengers from any place within the State or Ibid, s. 26. its dependencies to any other place, upon payment of the licence fee hereinbefore mentioned, and upon receiving the certificate of a Special Magistrate or two Justices, in the form in Schedule D hereto.

32. (1) Every person desirous of procuring a publican's or wine Application for.

publican's or wine licence under this Act, in respect of premises which have not been licence for n previously licensed, shall, at the meeting of the Bench immediately premises to be com

į menced by deposit of previous to the meeting at which application for a licence is to be plans and notice. made, deposit with the clerk of such Bench plans of the buildings Ibid, s. 28, altered. erected or proposed to be erected on such premises, and showing exactly the site of such premises, the boundaries thereof, and the situation thereon of the front door of such buildings, and indicating in words which is or is to be the front door. Such plans shall be upon paper of the width of twenty-four inches, and shall be certified as correct by such person and by an architect or surveyor, and shall be open to public inspection without fee.

(2) Such person shall, within fourteen days, of the deposit of such plans, cause notice of such deposit to be given by two advertisements in each of two daily and two weekly newspapers published in the said State; and shall also during the whole of the interval between such deposit and the next meeting of the Bench post and

keep

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