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THE LICENSING ACT, 1908

(No. 970 of 1908).

ARRANGEMENT OF SECTIONS.

SECTION.

PART I. PRELIMINARY.

1. Short title.

2. Division of Act.

3. Repeal.

4. Interpretation.

PART II.-LICENSING DISTRICTS AND

BENCHES AND MEETINGS.

5. Licensing districts may be proclaimed, benches appointed, and meetings fixed.

6. Date of meeting may be altered in certain cases. 7. Adjournment of bench when no quorum. 8. Bench to appoint chairman.

9. Disqualification of certain Justices.

10. Dates of annual and quarterly meetings; special meetings for forfeiture of licences.

PART III-CLASSES OF LICENCES, AND HOW
GRANTED, RENEWED, TRANSFERRED,
TRANSMITTED, REMOVED, AND FOR-
FEITED.

DIVISION 1.-LICENCE REQUIRED FOR SALE
OF LIQUOR.

11. No liquor to be sold in quantities of less than 5galls., or billiard or bagatelle table to be kept, without a licence.

12. Who disqualified from holding licences. 13. Exceptions to application of Act; limitation of application of Act.

14. Modification of Railway Refreshment-rooms Act.

DIVISION II.-CLASSES OF LICENCES AND FEES.

15. Nature of licences.

16. Publican's licence and annual fee.

17. Storekeeper's licence and annual fee.

18. Wine licence and annual fee.

19. Storekeeper's Australian wine licence and annual fee.

20. Licensee under storekeeper's or storekeeper's Australian wine licence not to hold wine licence.

21. Packet licence and annual fee.

22. Registration of club.

23. Brewer's colonial ale licence and annual fee. Holder of such licence not to hold wine licence or storekeeper's licence.

Provisions applicable to brewer's colonial ale licences.

24. Distiller's storekeeper's licence and annual fee. Holder of distiller's licence not to hold storekeeper's or wine licence.

Provisions applicable to distiller's storekeeper's licences.

25. Billiard-table licence and annual fee.

26. Increase of fees consequent upon local option reduction.

27. Fees to be paid to Treasurer.

SECTION.

28. Licences to take effect from date of issue.
29. Licences for part of the year.

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

30. Application for licences, other than packet licences, to be made to bench.

31. Packet licence to be granted by Treasurer. 32. Application for publican's or wine licence for new premises to be commenced by deposit of plans and notice.

33. Bench to grant or refuse licence, or to decide whether licence will be granted to premises erected in accordance with plans.

34. Application for other licences.

35. Memorial against new licence.

36. Memorial and copy for service to be lodged. 37. Certified list of electors to be evidence. 38. Where licence refused by reason of memorial no licence to be subsequently issued except on memorial by majority of electors. 39. Manner of application by new applicant for licence in respect of previously licensed premises.

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SECTION.

97. Annual fee for club. 98. Club unregistered until certificate actually issued. 99. Notice to be given of change of steward or manager and certified copy of amendments or alteration of rules to be forwarded within fourteen days.

100. Upon complaint, certificate of registration may be cancelled.

101. Certificate to be produced for indorsement of convictions, and upon hearing of complaint for forfeiture thereof.

102. Steward or manager to produce certificate, register, and rules of club on demand of Inspector.

103. Certificate of removal. Application, how dealt with. What objections may be taken. 104. Exemption of residential and athletic clubs. 105. Punishment for false statement in notice or declaration.

106. Application of other provisions of Act.

DIVISION XII.-LICENCES AT RENMARK. 107. Licences for previously unlicensed premises at Renmark. Variation of purposes-Renewals.

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115. Penalty for allowing unlawful games, betting, &c., or presence of disorderly persons. Presumption of knowledge.

116. Power to exclude or expel certain persons from licensed premises.

117. Permitting drunkenness or riotous conduct on premises.

118. Licensee drunk on premises liable to penalty. 119. Theatrical performances, music, or dancing not to take place without permission. 120. Clauses to be set up in bar-room. 121. Retail stores not to be kept together with publichouses and wine-houses in towns.

122. No communication for supply of liquor to be kept open between public-houses or wine-houses and stores or eating-houses.

123. Persons who have forfeited or been refused licences not to be employed as managers.

124. Licensed persons not to share profits with nor entrust management of house to unlicensed or unauthorised person.

125. Penalty on master of vessel not forwarding certificate or fee.

126. Liquors to be sold according to standard measures. 127. Penalty on holder of wine licence selling liquids containing over 35 per cent. of spirit.

128. Adulterated liquor not to be sold. 129. Closing of houses against riot. 130. Penalty for evasion of provisions disallowing consumption of liquor on premises under certain classes of licences.

131. Persons drinking in the house or store of persons holding certain licences, or of vignerons, liable to penalty, and may be apprehended. 132. Penalty for selling liquor otherwise than as authorised by licence.

ECTION.

133. Penalty on master or commander of vessel for retailing without licence.

134. Penalty for retailing less than five imperial gallons without a licence.

135. Attempt to evade last section.

136. Justices may determine what is retailing. 137. Mead, wine, cider, or perry not to be carried about for sale, except by vigneron or orchardist. 138. Liquor carried about or exposed for sale may be seized.

139. Penalty for keeping billiard-tables, except under the authority of a licence.

140. Spirituous or fermented liquors not to be brought on board His Majesty's ships without the commander's consent.

Persons not to be Supplied.

141 Liquor not to be supplied to aborigines.

142. Liquor not to be supplied to be drunk by person under 18 nor to be supplied to person under 16 years of age.

Presumption in case of supply.

Defence of apparent age.

143. Penalty on sending child for liquor.

144. Person under 16 not allowed in bar-room.

145. Liquor not to be supplied to person in a state of intoxication.

146. Penalty for supplying liquor to police on duty. 147. Order may be obtained forbidding supply of liquor to drunkards.

148. Warning against supplying liquor.

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Proviso relating to excepted persons.

Bar to be kept shut and locked during prohibited times.

Evidence of supply during prohibited times.

156. Closed on Sundays.

157. As to bona fide travellers.

158. Definition of bona fide traveller.

159. Definition of bona fide lodger.

160. Evasion of exemption in favor of travellers. 161. Evasion of law as to sale of liquor on premises. 162. Penalty on refusal to receive travellers.

Definition of bona fide traveller within this section.

163. Penalty for false representation.

164. Penalty for persons purchasing or found drinking liquor on premises during prohibited time.

Penalty for persons present on premises during prohibited time.

165. Persons present on premises presumed not to be excepted persons.

166. Penalty for carrying liquor from licensed premises during prohibited time.

No child under 16 to be convicted if ordered to convey liquor.

167. Liquid presumed to be liquor.

Every sale a separate offence.

168. Powers of police with respect to persons on licensed premises at prohibited time. Penalty on licensee.

Inspection and Search of Licensed Premises. 169. Appointment of inspectors.

170. Duties of inspectors.

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SECTION.

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 deemed to be licensed unless 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 attendance 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.

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228. Appeal to Adelaide Local Court of Full Jurisdiction.

S.

Order forfeiting licence.

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229. Local Court, upon hearing of appeal, may state special case.

230. Protection to officers.

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.

entertainment.

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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:

BE

PART I.
PRELIMINARY.

PART I.

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 II. Classes of Licences and Fees:

DIVISION III.-Applications for Licences, Memorials, and

Objections:

A-970

DIVISION

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