Distillation mentioned shall be inspected by the Chief Inspector of Distilleries or some officer by him deputed so to do who shall certify to the Collector of Revenue that such premises comply with the requirements of this Act, and such certificate shall be as near as may be in the form prescribed in the third schedule of this Act. be entered into 8. Before any license shall be granted under this Act, the person Recognizance to applying for the same together with two good and sufficient sureties to be approved of by the Collector of Revenue or Chief Inspector of Distilleries shall enter into a recognizance to Her Majesty in the sum of five hundred pounds conditioned for the due and faithful observance of all the laws relating to the distilling or rectifying and compounding of spirits in force in the Colony of Western Australia, or which may be in force at any time after the execution of such recognizance. license 9. It shall be lawful for the Collector of Revenue to grant the pro- Wine grower's prietor of any vineyard, who shall have in cultivation and actually planted with vines a quantity of land not less than five acres, a license to keep and use a still of not less than twenty-five gallons nor more than fifty gallons capacity for the purpose of distilling spirits from wine or the lees of wine, being the produce of his own vineyard, such spirits except as hereinafter excepted to be used only for fortifying the wines produced on the vineyard of the person obtaining such license and for the general purposes of wine making, so that such wines when so fortified shall not contain more than twenty per centum of alcohol of the specific gravity of eight hundred and twenty-five at the temperature of sixty degrees of Fahrenheit's thermometer, and all wines so fortified, which shall be found to contain more than the proportion of spirits herein specified, shall be forfeited and may be seized by an officer authorised under this Act. 10. Before such license shall be granted the person applying for Certificate rethe same shall produce to the Collector of Revenue a certificate signed quired by two Justices of the Peace or one Resident Magistrate, certifying that such person has in cultivation and actually planted with vines a quantity of land not less than five acres, and that such person is a fit and proper person to hold such license, and such person shall together with two good and sufficient sureties, to be approved of by such Collector or Chief Inspector of Distilleries, enter into a recognizance to Her Majesty in a sum of not less than one hundred pounds, nor more than four hundred pounds, conditional that he will not use the still in respect of which he is licensed for any other purpose than that which is specified in such license, and that he will not use any spirits distilled by him for any other purpose than that of fortifying his wines, or for the general purposes of wine-making as hereinbefore mentioned. distilled 11. Every proprietor of a vineyard so licensed to distil spirits as Return of spirits aforesaid, shall within ten days of the expiration of each quarter terminating on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December respectively during the term of his license furnish to the Chief Inspector of Distilleries a return specifying the number of gallons of proof spirits made by him during the quarter, and of the number of gallons of such spirits used by him to fortify his wines, or for the general purposes of wine-making, and of the number of gallons of such Spirit cellar or provided Distillation spirits remaining on hand on the above-mentioned quarter days respectively, and such return shall be in the form set forth in the fourth Schedule of this Act, and if any such proprietor shall neglect to make such return, or shall make a false return, he shall be liable to a penalty of not less than fifty pounds nor more than one hundred pounds: Provided that if at the end of any year such wine-grower shall have a surplus of spirits, more than sufficient for the fortifying his wines, or for the general purposes of wine-making, it shall be lawful for the Collector of Revenue to grant his permission in writing to such winegrower to sell or dispose of the same in one lot under the inspection of an Inspector of Distilleries upon payment of the duties chargeable on such spirits, or to remove the same to a duly licensed bonded warehouse. 12. Every proprietor of a vineyard who shall have obtained a store room to be license to distil spirits as hereinbefore provided shall provide upon his premises a cellar or store room built of stone or brick in which said cellar or store room all spirits produced on the premises for the purpose authorised by the license shall be deposited and kept securely locked until required for the purpose of fortifying wine or for the general purposes of wine-making as hereinbefore mentioned; and all spirits found in any other place on the said premises than the said cellar or store room in quantity greater than two gallons shall be forfeited, and the person so having spirits in his possession in any greater quantity than two gallons in any other place than in such cellar or store room shall be liable to a penalty of fifty pounds together with an additional penalty of forty shillings for every gallon of spirits so found, and all spirits so made shall be conveyed into such cellar or store room and shall be secured in such manner as the Chief Inspector of Distilleries may direct, and any person breaking open or entering such cellar or store room except in the presence of or with the permission of an Inspector of Distilleries, shall be liable to a penalty of one hundred pounds. Wine-grower's license to distil spirit for sale License how obtained 13. It shall be lawful for the Collector of Revenue to grant to any proprietor of a vineyard who shall have in cultivation and actually planted with vines a quantity of land not less than ten acres, a license to have and use on his premises a wash still of capacity not less than eighty gallons and a feints or spirit still of capacity not less than forty gallons or a distilling apparatus capable of exhausting not less than fifty gallons of wash in the hour, for the purpose of distilling spirits from wine or the lees of wine for sale upon the payment of duties or for exportation free of duty. 14. Every person requiring such license shall make application for the same in writing addressed to the Collector of Revenue and bearing his own proper signature, and such application shall specify the purpose for which such license is required and the size and description of the distilling apparatus intended to be used, and there shall accompany or be annexed to his said application correct drawings of such apparatus and a correct plan of the premises where such apparatus is intended to be used, and such person so applying for a license shall furnish to such Collector a certificate signed by two Justices or one Resident or Police Magistrate certifying that such person is a fit and proper person to hold such license, and upon the issuing of such license the person to whom such license shall be granted, shall with two good and sufficient sureties to be approved of by the said Collector or Chief Inspector of Distilleries Distillation enter into a recognizance in the sum of four hundred pounds payable to Her Majesty and conditioned that such person will not make use of such still or suffer it to be made use of for any other purpose than such as is authorised by the license, and every person who shall have in his possession any still without having entered into such recognizance and obtained such license, shall be liable to the penalty of having and using a still without a license. 15. Every maker of wine licensed to distil brandy as aforesaid for sale or exportation shall maintain and keep the several utensils, cocks, pumps, plugs, pipes, troughs and other apparatus in good repair, and shall at his own expense provide proper and sufficient fastenings to the satisfaction of the Chief Inspector of Distilleries or officer acting under his instructions for the purpose of securely fastening the cellar or spirit store (hereinafter provided for), the several covers, furnace doors, tail pipes, condensing-chamber, safes, pumps, plugs, taps and other utensils belonging or appertaining to such stills or distilling apparatus, and it shall be lawful for any Inspector of Distilleries or other officer appointed under this Act at all times to enter upon the premises where distillation is authorised for the purpose of inspecting the same, and to lock and secure the cellar or spirit store and the several coverings, furnace doors, tail pipes, condensing-chamber, safes, pumps, taps and other fastenings which in the opinion of the Chief Inspector of Distilleries are required, and any such wine-maker who shall neglect to keep his utensils in repair or to provide sufficient fastenings or safes as above required or who shall obstruct such officer in the discharge of his duty shall be liable to a penalty of fifty pounds. Distilling uten good repair sils to be kept in 16. Every person licensed under this Act for the purpose of Notice to be distilling spirits from wine when requiring to make use of such stills or given distilling apparatus shall give at least six clear days' notice in writing to the Chief Inspector of Distilleries or other officer acting under his authority in order that an officer appointed under this Act may be placed in attendance to open the several locks and fastenings and to superintend the distillation of such spirits as aforesaid. store room to be provided 17. Every wine-maker licensed under this Act to distil brandy as Spirit cellars or aforesaid for sale or exportation shall provide a cellar or store room in which all such brandy shall be securely placed under the locks of the Crown until required for removal for sale on payment of duty, for bonding, for exportation, or for fortifying his wines as hereinafter provided, and every such store shall be built of brick or stone and ceiled and plastered on the inside with mortar made of lime and sand, the windows shall be fastened and secured by bars of iron one inch thick and firmly fixed in the masonry or brick work at not more than six inches apart, there shall be but one doorway or entrance into such store and that shall be provided with a stout door sheeted on the inside with iron, and for the better protection of the spirits contained in such store it shall be lawful for the Collector of Revenue to make such rules and regulations as he may from time to time think fit. 18. It shall be lawful for the Collector of Revenue to grant permission for the removal from such store and without payment of duty of such quantity of brandy as may be required for the purpose of fortifying wines the property of such wine-maker, or for the general Removal of spirits for fortifying wines Return to be furnished Allowance for Distillation purposes of wine-making in quantity not exceeding two gallons of proof spirits to ten gallons of wine, and all such brandy so removed from such cellar or store room for fortifying such wine or for the general purposes of wine-making, shall be used on the premises of such wine-maker and in the presence of some officer appointed under the Act, and under such regulations as the Collector of Revenue shall for that purpose make; and all wines which may be found on the premises of such wine-maker or distiller to contain more than twenty per centum of alcohol of the specific gravity of eight hundred and twenty-five at the temperature of sixty degrees of Fahrenheit's thermometer, or the equivalent of this quantity computed at proof, according to Sykes' hydrometer, shall be forfeited, and may be seized by any officer appointed under this Act. 19. Every licensed maker of such brandy shall, within ten days after the expiration of each quarter terminating on the thirty-first day of March, thirtieth day of June, thirtieth day of September, and thirtyfirst day of December, furnish to the Chief Inspector of Distilleries a return stating the number of gallons at proof of brandy on hand at the termination of the previous quarter, the number made during the quarter then ended, the number issued on payment of duty, the number removed to a bonding warehouse, the number exported, the number used for fortifying his wine, and the number on hand at the close of the quarter, and such return shall be in the form prescribed by the fourth Schedule to this Act. 20. It shall be lawful for the Collector of Revenue to make an colouring spirits allowance to such brandy-maker of not more than two and half per cent. on the number of gallons of spirits coloured by such brandy-maker in the cellar or store room on his premises during any quarter, and a further allowance not exceeding three per cent. on the total quantity made up from the balance on hand at last quarter and the total quantity made during the quarter terminating at the period to which such return relates, and such licensed maker of brandy shall pay duty at the rate payable on colonial-made spirits for any deficiency over and above the allowances previously made, unless it shall be proved to the satisfaction of the Chief Inspector of Distilleries or other officer acting on his behalf that such deficiency arose from leakage, absorption, accident, or other causes over which such brandy-maker had no control, and that such deficiency did not arise from any fraud practised or intended. License to use naphtha still 21. It shall be lawful for the Collector of Revenue to grant, if he shall think fit, to any person applying for the same, a license to keep and use a still or other distilling apparatus, for the purpose of distilling naphtha, pyroligneous acid, ammonia, or other chemical manufacture or article, in the production of which the process of distillation is necessary, and every license so granted shall specify the capacity of the still, the purpose or purposes for which such still shall be used, and the locality, house, or premises where such still shall be used and set up, and such person applying for the same, together with two good and sufficient sureties, to be approved of by such Collector or Chief Inspector of Distilleries, shall, before such license shall be granted, enter into a recognizance to Her Majesty in the sum of two hundred pounds, conditioned that the person named in such license will not use such still or suffer the same to be made use of for any other purpose or purposes, or Distillation in any other locality, house, or premises than that which shall be specified in such license. license 22. All licenses granted under this Act shall continue in force Termination of until the thirty-first day of December next following the granting thereof, and there shall be paid to the Collector of Revenue by the person obtaining such license in respect of every such license the sums respectively mentioned in the fifth Schedule of this Act, and upon such payment and upon the production of a certificate from the Chief Inspector of Distilleries that all the requirements of this Act have been complied with, such license shall forthwith issue to the person who shall be entitled to the same. licenses 23. Every license granted under the provisions of this Act may be Renewal of renewed annually upon the person applying for such renewal paying to the Collector of Revenue the sum required by this Act to be paid for the license which such person desires to renew, and upon receipt of such sum by such Collector and a certificate from the Chief Inspector of Distilleries that all the regulations of this or of any other Act in force for the time being relating to the distillation, rectifying or compounding of spirits have been complied with: Provided that if the person applying for such license shall have been convicted of any offence under this Act, or under any Act in force for the time being relating to distillation or shall have forfeited any recognizance under any such Act, it shall not be lawful for such Collector to grant such renewal of any former license, and he is hereby expressly authorised and directed to refuse the same, unless expressly required by the Governor-inCouncil to issue such license. 24. It shall be lawful for the Collector of Revenue to refuse to Refusal or suspension of grant or to renew any license under this Act or to suspend or annul any licenses such license upon proof being given to the satisfaction of such Collector that the provisions and requirements of this Act or any of them have been contravened or have not been fulfilled, or that the Chief Inspector of Distilleries or any other officer appointed under this Act has been obstructed or prevented from performing any part of his duty by the person applying for or holding such license or renewal thereof, or by any person acting under his authority or by his direction, or where from the local situation of a distillery (the license for which is required to be granted or renewed) in respect of any brewery, vinegar manufactory or manufactory of cordials in the making of which spirits are used, or of any store or house in which spirits are sold either by wholesale or retail, it may appear to such Collector inexpedient to grant such license. 25. It shall not be lawful for any person who shall be the owner or part owner, or who has any interest or share in a distillery or in any premises or concerns used for rectifying or compounding spirits, nor for any maker of wine, the produce of his own vineyard, licensed to use a still, nor for any medical practitioner or chemist licensed to use a still, nor for any person licensed to use a still for scientific or other purposes, to have or to hold a license to retail spirituous or fermented liquors; and in case any person who shall have obtained a license for the sale of fermented or spirituous liquors by retail shall, after the obtaining of such license, become the owner or part owner or have any share or Certain licenses in certain cases to become void |