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The Pamphlet Collection of Sir Robert Stout: Volume 36

Part VI.—Duties and Liabilities of Licensed Persons and Others

Part VI.—Duties and Liabilities of Licensed Persons and Others.

N.B.—Every licensed person is to paint or fix on a conspicious place in front of his premises in letters three inches at least in length, his name, and after the we rds "licensed" the business for which his license has been granted. 53
"No person shall have any we rds or letters on his premises importing that he is licensed in any other way than that in which he is in fact duly licensed." 53
Penalty for failure to comply with or acting in contravention to above provisions not exceeding £10 for first offence; for second and subsequent offence, £5. Ignorance of the law in such case is no excuse 53
Any person, except as agent or servant of a licensed person, who shall sell any liquor without a license, shall forfeit and pay for first offence not less than £25 nor more than £50, or shall be liable to imprisonment for a term not less than one month nor exceeding three months. For second or subsequent offence, imprisonment with or without hard labour for not less than three nor exceeding six months, and be a disqualified person for a period of one year (see sec. 38). He shall also forfeit all liquor in his possession, with the vessel containing the same (see sections 87 and 90) 54
Publican and colonial wine licenses restrict the hours for selling to between six in the morning and twelve at night. Selling at other hours would not be in accordance with such licenses—(see section 61) 6, 9page xi
If any licensed person permits any person to play any unlawful game, or allows any prostitutes, thieves, drunken or disorderly persons to be on his premises, he shall forfeit and pay a penalty not exceeding £20 55, 80,81
The presence of such persons and playing of such games is prima facie evidence of knowledge and permission by licensed person 55
Licensed persons who are required by their license to provide stabling are required to keep a sufficient supply of hay and corn 56
A lamp must be kept alight every night from sunset to sunrise over the entrance to licensed premises which are not situate in Melbourne or Geelong or any borough lighted at expense of ratepayers 56
Intoxicated persons are not to be supplied with liquor (see penalties) 57
Two justices may, in writing, prohibit licensed persons supplying liquor to habitual drunkards for one year 58
Such prohibition may be renewed 59
Any person procuring liquor for or supplying to such prohibited person is liable to penalties stated 60
Supply of liquor to aboriginals is prohibited 61
Any person selling at hours, or places, or in quantities not authorised by license liable to penalty not exceeding £10 (see section 54) 61
No licensed person can sue for any debt for liquor supplied for consumption on the premises, except to bona fide lodgers 62
Nor can such licensed person take any pledge for liquor or entertainment supplied 63
Licensed persons who allow liquor to be supplied to children under twelve years of age, for consumption on the premises, as well as the person actually supplying, are liable to a penalty not exceeding £10 64
No licensed person is to permit any part of his premises to be used as a dancing, concert, or theatrical saloon. (See exceptions and mode of procuring permission for other than licensed persons) 65
Sunday.—No licensed person is to permit liquor to be sold on Sunday, except to lodgers or bonâ fide travellers, residing at least ten miles from his licensed premises. Evidence that persons supplied are bonâ fide travellers rests with the licensee 66, 67
Persons falsely representing themselves to be travellers or lodgers liable to penalty not exceeding £5 67
No liquor is to be consumed by any lodger or bonâ fide traveller at the public bar, nor shall such bar be opened for the admission of the public on Sundays. Penalty not less than £1 or more than £10 67
No wages are to be paid by any master or employer, except he be the licensee, in any house in which liquor is sold 68page xii
Lodgers' goods and chattels are protected from distraint for rent or debt 69
Licensed publicans are not responsible for the safe custody of property of lodgers unless given into his or his servant's or agent's care 70
A licensed person convicted of felony, perjury, or other infamous offence forfeits his license 71
Publican absent from his licensed premises for more than twenty-eight days without written consent of two justices, or allows an unlicensed person to be in effect keeper of his premises, is liable to forfeit his license 72
So also, if he allows his licensed premises to become ruinous or dilapidated, except from fire or tempest—in which case a reasonable time will be allowed for repair 72
Unless there be a morgue or police station within two miles of his licensed premises, a publican is required to receive dead bodies and permit an inquest to be held. Penalty for refusal, not exceeding £5 73
No licensed person shall permit unlawful assemblies to be held in his licensed house 74
Any justice, superintendent of police, or peace officer, authorised in writing, may enter premises where there is reason to suspect unlawful assemblies are being held, and cause offenders to be arrested 75
Any two justices may order licensed premises to be closed when riots occur, or are expected to occur 76
Any justice, superintendent, inspector, or sub-inspector of police, or constable authorised in writing, may demand entrance to licensed premises at any time by day or night 77
A justice may demand a licensed publican to produce his license 78
Where license prohibits liquor to be drunk on premises, and licensee permits it, he is liable to a penalty not exceeding £5 for first offence, and for subsequent offences a penalty not exceeding £10 61,79
Licensee may refuse to admit, and may turn out of his licensed premises, any person who is drunken, violent, quarrelsome, or disorderly. Such person refusing to leave when requested is liable to a penalty not exceeding £5. Constables, when requested, are required to expel or assist in removing such persons 80
Persons found drunk in any highway or public place or building, or on any licensed premises, liable to a penalty not exceeding 10 shillings; for the second offence £1, and for the third or subsequent offence within twelve mouths £2 81page xiii
Any person who is drunk while in charge of any carriage, horse, cattle, or steam engine, or has loaded firearms, is liable to a penalty not exceeding £2, or imprisonment for a term not exceeding one month 81
Adulterated Liquors.—Vendors thereof liable to penalty not less than £10 or more than £50 for first offence; for any subsequent offence, to a penalty not exceeding £100, or imprisonment not exceeding three months, and be declared to be a "disqualified person. (See sec. 100). All adulterated liquor, and vessels containing such, to be forfeited 82
The Distillation Act 1862" referred to is 25 Vic., No. 147. (See sec. 166 thereof).
Any licensed person who has in his possession any adulterated liquor or deleterious ingredients and is unable to give a satisfactory reason shall be deemed to have exposed for sale adulterated liquors. Penalties, see section 82 84
Bottles, hegs, casks, or vessels containing spirits are required to bear a clear and legible statement of contents; if bottled, by whom, and if mixed with colonial spirits to bear a statement that its contents are "a mixture of colonial and foreign spirits." Penalty against persons offending not less than £10 or more than £50 85
Grocers supplying liquor and charging it under a fictitious heading are liable to a penalty not less than £10 or more than £20 for first offence, and not less than £20 or more than £50 for subsequent offence 86
Any justice, inspector of licensed premises and liquor, inspector of police, or other peace officer may seize or cause to be seized all liquor he suspects is carried about or is exposed for sale in any highway, booth, tent, store, or in any boat or vessel, and all vessels containing such liquor, and any cart, horse, boat or vessel used in conveyance thereof 87
Penalty not exceeding £50 and imprisonment not exceeding four months 87
The proof that such liquor was not carried about or exposed for sale is on the person carrying it 87
The fact that any unlicensed person has any sign on or near his premises, or a bar therein, or bottles or casks so displayed as to induce a belief liquors are sold there, shall be presumptive evidence of the unlawful sale of liquors by such person. (See sections 54, 90, 91, and 92) 88
Licensees are prohibited under penalty to harbor or permit any constable on duty to remain on their premises, or to supply him with any liquor, or to bribe or attempt to bribe him 89
Any justice may grant a search warrant on information on oath by any person that he believes liquors are being sold on unlicensed premises. (See section 88) 90page xiv
By the 140th section of "The Justices of the Peace Statute 1865" any person "aggrieved by the summary conviction of any justice, by which is imposed any fine, penalty, or forfeiture exceeding the sum or value of £5 or any term of imprisonment exceeding seven days if he forthwith give notice of his intention to appeal and enter into the recognisance directed, he may appeal to next court of general sessions" 90
If a person charged with unlawfully selling liquors does not at the hearing of the case produce his license he is to be deemed an unlicensed person. (See sections 54,78) 91
The unlawful sale of liquor may be proved by any person purchasing it 92
The delivery of any liquor by any licensed person by his servant or other person is sufficient presumptive evidence that money has been given for it 95
Any person keeping a billiard table for hire without being licensed thereto, or, if licensed, allowing it to be used at other hours than those stated in his license, is subject to the penalties stated. By section 11a licensed publican keeping a billiard table for hire does not require to obtain a billiard license 94
The Governor in Council may appoint persons to be "Inspectors of Licensed Premises and Liquor" 95
If such persons take any other than the authorised fees, or any perquisite, gratuity or reward, pecuniary or otherwise, directly or indirectly, they shall on proof thereof be dismissed and be liable to imprisonment 96
Any person offering or promising any unlawful fee, perquisite, or gratuity to any such inspector is liable to the penalties stated 96
Such inspectors are to enforce the carrying out of the Act in every respect. They are authorised during business hours to enter licensed premises, as well as those of brewers and licensed spirit merchants registered under "The Distillation Act 1862, 25 Vic. 147," and to examine every room and part thereof, to take an account of liquors therein, and to select samples thereof, sealing them in the presence of the licensee; if for analysis they are to pay for such samples. Persons refusing are liable to the penalties stated 97
Such inspectors are to prosecute offenders, and persons guilty of any infringement of "The Trade Marks Statute 1864" 97
The expenses of analysis are to be part of the costs against any person convicted of adulterating liquors or having in his possession any deleterious drugs. If there be no conviction the expense of analysis is to be part of the officer's expenses who procured the sample 97
Convictions after three years are not to be received as evidence 98
If a licensed person is twice convicted under the Act within six months he is liable to forfeit his license 99page xv
A licensee if thrice convicted of any offence against the 55th, 64th or 82nd sections within three years shall be disqualified for a term of three years from holding any license" 100
If thrice convicted for offences committed on the same premises, the justice or justices having cognizance of the case, may disqualify such premises for being again licensed for two years 100
Notwithstanding above provisions, licensee may, in addition, be punished in manner provided by other sections for contravention of the Act 100
If the license of premises is twice forfeited in two years for offences under this act by the same or different persons, they are disqualified from being licensed for one year. Owner in such case to receive notice. (See sections 107-108; service of notice, 109) 101
Disqualified persons and premises cannot be licensed during period of disqualification; the license held when so disqualified thereon becomes void 102
In case where the licensee is disqualified, or has been evicted by his landlord, the owner may apply to a licensing stipendary magistrate for authority to his agent to carry on the business to the end of the year 103