Part IV.—Applications for Licenses—Hearing of and Objections to Applications.

Every such hearing shall be deemed to be a judicial proceeding and shall be open to the public, and every applicant for a license shall attend personally at such hearing unless hindered by sickness or infirmity; and the licensing magistrates may summon and examine on oath such witnesses as they may think necessary and as near as may be in the manner directed by any Act now or hereinafter to be in force relating to the duties of justices in summary convictions and orders.

Any licensing meeting may at the discretion of the magistrates holding the same be adjourned from time to time to the same or any other court house or building within the district. If at any hearing there shall be a difference of opinion among such magistrates the majority shall decide. If any applicant for a license shall as hereinafter mentioned require an adjournment upon such terms as to costs or otherwise as the magistrates may think proper the meeting may be adjourned from time to time during the period of page 18 one calendar month to the same or any other court house or building within the district. In the event of only two licensing magistrates of whom the police or stipendiary magistrate shall be one being present at a licensing meeting the business of such meeting may be transacted by such two magistrates, and in the event of any difference of opinion the police or stipendiary magistrate shall have the casting vote.

In all cases the notice of application shall be in such one of the forms in the Fourth Schedule as shall be applicable or to the like effect; and shall be delivered in triplicate to such clerk of petty sessions and the said clerk of petty sessions immediately after the receipt of such notices shall post or cause to be posted one of such notices inside and another of such page 19 notices outside on some conspicuous part of the building; or court house in which the meeting- shall be held.

38. It shall be the right and privilege of any

Objections to licenses.

three or more ratepayers in any municipal district or subdivision or of any three or more citizens or burgesses of any ward in the city of Melbourne or town of Geelong in which the premises in respect of which a license is sought or to which it relates are situated, or of any other applicant for a license or of any per son already licensed in such district subdivision or ward or of any member of the police force in charge of the place in which the said premises are situated or of any resident or residents in the neighbourhood or the owner of such premises, to object either personally or by petition at any licensing meeting to the granting or renewal of a license. The objections that may be taken to the granting of an application for a license may be one or more of the following: That the applicant is of bad fame and character or of drunken habits or has within six months previously forfeited a license or that the applicant has been convicted of selling liquor without a license within a period of three years; that the premises in question have not the accommodation hereby required, or reasonable accommodation if the premises be not subject to the said statutory requirements; or that the licensing thereof is not required in the neighbourhood or that the premises are in the immediate vicinity of a place of public we ship hospital or school, or that the quiet of the place in which such premises are situate will be disturbed if a license be granted. The objections that may be taken to the renewal of a license may be one or any of the following: That the applicant is of bad fame and character or of drunken habits or that the premises in question are not maintained at the required standard, and also in any case any other objection (whether or not of the same kind as any of the preceding objections) which appears to the licensing magistrates to be sufficient: Provided that it shall not be necessary to give to the page 20 applicant any previous notice of objections to the granting of a license; but the applicant shall if he so requires on objections being raised thereto at the hearing of which previous notice has not been given to him three days before the hearing of such application be entitled to an adjournment thereof.

If any vessel in respect of which a packet license

Where certain packet licenses to be applied for.

shall be applied for shall ply to or from Melbourne or Hobson's Bay, such application shall be made to a licensing stipendiary magistrate at any holding of a court of petty sessions at either Melbourne Sandridge or Williamstown; and if any such vessel shall ply to or from Geelong, such application shall be made to a licensing stipendiary magistrate at any holding of a court of petty sessions at Geelong. In all other cases such application shall be made to the licensing stipendiary magistrate or to the licensing magistrates page 22 at the court of petty sessions or licensing meeting; held nearest to the place or port to or from which such vessel plies.

Applications for publican's licenses in respect of premises situate in a place or district so proclaimed may be heard and determined at any time by any police or stipendiary magistrate.

The fee to he paid for a license granted under the provisions of this section shall be reduced by an amount proportioned to the difference between the period for which such license shall have to run and the full period of a year.

No license granted under the provisions of this section shall be renewed or transferred but it shall be necessary for the licensee in respect of the following year to apply for a publican's license to the licensing magistrates of the district at the annual licensing meeting in the same manner as if he were not a licensed person.

The provisions herein contained as to the hearing of applications and objections adjournments costs and (except in cases where no notice is required) as to giving of notices and as to the issuing of certificates and transmission of duplicate certificates and (except as to temporary and special temporary licenses) as to rehearings shall apply to applications under this and the two preceding sections as if such provisions were repeated with such alterations only as the different circumstances of each case respectively requires.