The Pamphlet Collection of Sir Robert Stout: Volume 36

Part II.—Conditions of Obtaining Licenses

Part II.—Conditions of Obtaining Licenses.

No new license to be granted for three years.

18. No new publican's license, except for premises containing not less than thirty rooms, shall be granted until the licensing day in December One Thousand eight hundred and seventy-nine.

Thereafter the granting of new publicans' licenses to be subject to determination of ratepayers citizens or burgesses.

Thereafter no new publican's license except as aforesaid shall be granted in respect of premises situated in any municipal district or subdivision or in respect of premises situated in any ward of the city of Melbourne or town of Geelong unless and until the ratepayers of such municipal district or subdivision or the citizens or burgesses of such ward respectively shall have previously determined in manner hereinafter provided that the number of publican's licenses for premises

situated therein respectively may be increased by a given number. Nothing in this section shall affect

This section not to affect, premises previously licensed.

premises in respect of which a publican's license is held and is in force on the day prior to the commencement of this Act, or where within twelve months before the commencement of this Act the premises have been destroyed or rendered useless by fire during the currency of a license, provided that such premises be re-erected within one year after the commencement of this Act, and an application for a license therefor he made in time for the licensing meeting to be held in December One Thousand eight hundred and seventy-seven.
19. For the purposes of this Act a determination

How determination to be taken.

of the ratepayers citizens or burgesses respectively shall be taken on the day appointed for every third annual election of councillors for each municipal district subdivision or ward respectively; and shall in each case be taken for the first time on the day appointed for the annual election which shall take place in the year One thousand eight hundred and seventy nine.
20. Every such determination shall be arrived at

Every determination to continue in force until subsequent determination.

by an election by ballot between the propositions following, that is to say:—
(1.) The proposition that the number of publicans' licenses is not to be increased; and
(2.) A proposition affirming that the number of publicans' licenses may be increased by a given number.

Every such determination shall continue in force until another determination shall subsequently have been made, and during the continuance of a determination that the number of publicans' licenses may be increased by a given number no greater number of new publicans' licenses except as aforesaid than the number determined on shall be issued.

Detemunition not to be imperative on magistrates.

21. No determination affirming that the number of publicans' licenses may be increased by a given number shall render it imperative upon the licensing magistrates to grant any new publicans' licenses; any such determination shall during its continuance annul to the extent determined on the absolute prohibition hereinbefore contained, but shall have no further effect

Provision in case of no election.

22. If from any cause no voting for councillors shall take place at any election at which a determination under this Act ought to be taken, then such determination shall be taken at the next following annual election for councillors for the municipal district subdivision or ward in which no voting took place, and in every such case the election at which the next following determination shall be taken shall be calculated from the taking of the last determination.

Provision in case of creation of new or alteration of existing municipalities.

If after such annual election that shall take place in the year One thousand eight hundred and seventy-nine any new additional or other municipality or subdivision shall be created either by the constitution of a new municipality or by the alteration by union severance annexation or otherwise of any previously existing subdivision or municipal district, the aforesaid determination shall be taken for the first time in every such new or additional or other municipality subdivision or municipal district at the first annual election of councillors for such municipality subdivision or municipal district respectively next after that in the year One thousand eight hundred and seventy-nine. And if after the annual election that shall take place in the year One thousand eight hundred and seventy-nine any additional ward shall be appointed within the city of Melbourne or town of Geelong the aforesaid determination shall be taken for the first time in every such additional ward at the first annual election of councillors for such ward that shall take place next after the annual election in the year One thousand eight hundred and seventy-nine.
24. The provisions of Part V. of " The Local

Part V. of " The Local Government Act 1874" to apply.

Government Act 1874" as to the time of holding elections who may elect who shall hold elections polling-places and polling and as to the validation of proceedings shall apply to the ascertaining of the aforesaid determination of the ratepayers under this Act as if all such provisions were here repeated with such alterations only as would be requisite in consequence of the difference of the subject of voting.

Provisions of certain Acts to apply.

26. The provisions now in force of all Acts relating respectively to the city of Melbourne and town of Geelong as to the qualification of citizens burgesses or voters and as to polling at elections shall apply to the ascertaining of the aforesaid determination of the ratepayers of the city of Melbourne and town of Geelong under this Act as if all such provisions were here repeated with such alterations only as would be requisite in consequence of the difference of the subject of voting.
28. As soon as conveniently may be after the

Result of poll to be declared.

taking of each poll under this Act the returning officer alderman or other person before whom the election is held shall declare the determination and number of votes given for each proposition and shall forthwith forward to the Minister the result of the voting for publication in the Government Gazette, and such result when so published shall be conclusive evidence of the decision made and shall be taken notice of by all licensing magistrates and others.
29. No person shall at any one time hold or have,

Only one license to be held by an individual.

any beneficial interest in more than one license either! by himself servant or agent, and any interference by any licensed person with the business of any licensed premises other than the premises for which he is licensed shall be deemed primâ facie evidence of a beneficial interest within the meaning of this section. Any person offending against the provisions of this section shall be liable to a penalty of Five pounds for every day during which he shall hold or have any beneficial interest in more than one license. Nothing in this section shall prevent any licensed or other person from holding any one or more temporary special temporary grocers or billiard table licenses or licenses for railway refreshment rooms.

Except at railway stations, &c.

31. Nothing in the next preceding section shall affect any license granted prior to the commencement of this Act or any renewal or transfer thereof if the accommodation afforded by the licensed premises be maintained at the standard heretofore required, and nothing in the same section shall apply to any house or room at or on the station of any railway or to any house or booth situated on a cricket ground, or to any other place set apart for any lawful game or pastime, or to any house situated on a special area or place not included in a licensing district if such house in the opinion of the licensing magistrates affords reasonable accommodation.