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212. Licences to be produced on hearing of charges

against licensees. 213. Proceedings to be heard and determined under

Ordinance No. 6 of 1850. Enforcing penalties. 214. Service of process, notices, and documents.

Notice of objection my be delivered by post. 215. When information to be laid. 216. Power to amend. 217. Prosecution and punishment of aiders and abettors

in the commission of offences. 218. Notices appearing in Gazette to be prima facie

evidence. 219. In proceedings for selling illegally, the defendant

to be deemed unlicensed unless satisfactory

proof to the contrary. 220. In proceedings person deeme:l to be licensed un

less satisfactory proof to contrary. 221. Unlicensed person exhibiting sign prima facie

evidence of sale of liquor. 222. Evidence of sale or consumption of liquor. 223. Members of Police Force not accomplices. 224. Magistrates may act on evidence of accomplices

without corroboration. 225. Special Magistrate or Justices may require at

tendance of any person to give evidence. 226. Accomplice not excused from giving evidence if

given a certificate of immunity. 227. Application of licence moneys, penalties, fines,

forfeitures, and fees. 228. Appeal to Adelaide Local Court of Full Juris

diction. 229. Local Court, upon hearing of appeal, may state

special case. 230. Protection to officers.

SCHEDULES. A. Acts repealed. B, Forms of licences. C. Scale of fees for licences after reductions in pur.

suance of resolutions adopted at local option

polls. D. Certificate for a packet licence. E. Forms of application. F. Householder's certificate as to the applicant. G. Memorial against licence for new premises. H. Notice for objections. J. Form of notice of intention to apply for transfer of

licence. K. Form of certificate of transfer of licence. L. Form of certificate authorising person to enter

and carry on business in licensed house until

next meeting. M. Forms of notice of application to remove to

other premises. N. Form of certificate of a removal to other premises. 0. Summons to witness. P. Certificate to sell liquors in a booth at races, fairs,

etc. Q. Certificate allowing other than licensed person to

carry on business during licensee's temporary

absence. R. Certificate to sell liquors in a certain place upon

goldfields. S. Order forfeiting licence. T. Regulations for conducting the business of

Licensing Benches. U. Notice of application for additional bar-room. V. Permission to use licensed premises for public

entertainment. W. Certificate of registration of barmaid. X. Regulations as to mode of taking a local option

poll and appointing scrutineers. Y. Notice of non-renewal of licence. 3. Form of order for payment of money by Licensing


PART VII.-REGULATIONS AND FORMS. 231. Regulations. Proviso as to powers of Parliament. 232. Regulations unchallengeable unless quashed. 233. Forms sufficient if substantially correct. 234. Salaries, fees, and allowances to be paid out of

moneys provided by Parliament.

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An Act to consolidate and amend the Laws relating to

the Supplying of Intoxicating Liquors and the
Exercise of Local Option with regard thereto,
and the Licensing of Billiard and Bagatelle
Tables, and for other purposes.

[Assented to, December 23rd, 1908.]
E it Enacted by the Governor of the State of South Australia,

, with the advice and consent of the Parliament thereof, as follows:



PRELIMINARY. 1. This Act may be cited for all purposes as “ The Licensing Short title. Act, 1908."

2. This Act is divided into parts and divisions relating to the Division of Act.. following subject matters, as follows:

Part 1.—Preliminary.
Part 11.—Licensing Districts and Benches and Meetings.
PART III.- Classes of Licences, and how Granted, Renewed, Trans-

ferred, Transmitted, Removed, and Forfeited-
DIVISION 1.—Licence Required for Sale of Liquor:
DIVISION 11.-Classes of Licences and Fees :
Division III.-Applications for Licences, Memorials, and



The Licensing Act.—1908.



IV.-Transfer of Licences :

V.- Transmission of Licences :

VI.--Removal of Licences :
Division VII.- Procedure on Hearing of Applications :
Division VIII.—Special Authorities to Sell Liquor:
Division IX.-- Forfeiture of Licences :

Division XI.-Clubs :

DIVISION XII.- Licences at Renmark.
PART 1v.-Rights, Duties, and Liabilities of Licensees and Others.
PART v. - Limitation of Number of Licences -

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

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.

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:

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

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: Gazette" means 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, vinoirs, or fermented liquors : Mead,” means mead made from honey the produce 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


person: " Previously unlicensed premises” or “ premises previously unlicensed” means premises not at the time licensed :

“ 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


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


MEETINGS. 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 erta


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

Act 540, 1891, s. 38.

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
Act 191, 1880, s. 23.

8. Every Bench shall, at its annual meeting, elect a chairman, who shall hold office until the next annual meeting, and in case


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