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The Pamphlet Collection of Sir Robert Stout: Volume 36

Regulations — Continued By 42nd Section of this Act

page 60


Continued By 42nd Section of this Act.

Pursuant to the provisions of section thirty-four of the "Act to Amend the 1 Vines Beer and Spirits Sates Statute 1864 Amendment Act" the following regulations are hereby made by His Excellency the Governor in Council:—
1.Every city, town, or borough which may on every side be bounded by other cities, towns, or boroughs (as the case may be), shall be a licensing district for the purposes of the said Act.
2.Licensing Districts Defined.—Each and every other licensing district shall be an area of which the building wherein any court of petty sessions is now or may hereafter be held shall be the centre; and each such licensing district shall radiate and extend in every direction (except as hereinafter mentioned) from such centre to a point midway between such centre and any other centre being the nearest building in which any neighbouring court of petty sessions is now or shall hereafter be held: Provided that wherever on any side a district outside of any city, town, or borough shall abut upon, or, if extended as aforesaid, would include any portion of a boundary line of any city, town or borough, then on every such side such boundary shall be the limit between each of such districts: Provided also that any city, town or borough which abuts on any other city, town, or borough, and which in any other part is next to a licensing district that is outside of a city, town, or borough, shall, at the part so abutting on, be bounded by such neighbouring city, town or borough, and shall in every other part be bounded by a point midway between the respective buildings hereinbefore specified.
3.Places for Nominating Elective Justices.—The respective places at which two justices of the peace shall be nominated as licensing magistrates, in accordance with the provisions of the tenth section of the said recited Act, shall be the several places at which courts of petty sessions are now or may at any future time be appointed to be held, subject, however, to the proviso that, in the event of petty sessions being discontinued at anyplace, the rights, powers, privileges, and duties of the licensing bench at such place shall thereby be determined.page 61
4.Manner of Election.—The election of the aforesaid two licensing justices at the several courts of petty sessions shall he conducted (in such manner as may he determined upon before proceeding to the election) by the justices of the peace who may be present at the usual sitting of the respective courts. Provided, nevertheless, that the first election of such licensing magistrates shall take place on or before the twenty-eighth day of January in the present year, and that the clerk of every court of petty sessions shall, as soon as practicable, summon the justices of the peace resident within the licensing district of such court of petty sessions, for the purpose of such first election.
5.Election to be Notified and Gazetted. Notification of non-election.—Immediately after every election of such two licensing justices the clerk of petty sessions shall notify their names and addresses to the Minister of the Crown having charge of the administration of the recited Act, and the said particulars shall be forthwith notified in the Government Gazette. In the event of no election taking place the same shall be notified to such Minister not later than the day following that on which the election should have taken place.
6.Who to be the Stipendiary Licensing Magistrates.—The stipendiary licensing magistrates at the various courts of petty sessions shall be the police magistrates who for the time being may be appointed to act at such places throughout Victoria as now or may hereafter be appointed places for the holding of courts of petty sessions; and the stipendiary licensing magistrate for any such place as may not be visited by a police magistrate shall be the police magistrate who acts at the nearest court of petty sessions thereto.
7.Day and Hour of Sitting of Licensing Bench.—The licensing bench at each place appointed for the holding of courts of petty sessions shall sit on such day and at such hour in the respective months prescribed by section thirteen of the recited Act as may be notified to the elective licensing justices by the police magistrate acting at the time at the several places at which courts of petty sessions are then held: Provided, however, that such notice shall be given under the hand of the said police magistrate, and sent by post not less than six weeks prior to the day specified in such notice.
8.Mode of Voting at Licensing Meeting.—The votes of the licensing magistrates shall be taken in such manner as the respective licensing benches may determine on any quarterly licensing day: Provided, nevertheless, that such determination shall be arrived at prior to the licensing bench entering upon the consideration or hearing of any matter or thing to be brought before the said bench.page 62
9.Resignation of Licensing Magistrates.—In the event of any licensing magistrate coming within any of the disabilities specified in section ten of the recited Act, he shall forthwith resign the office of licensing magistrate.
10.Removal of Licenses.—The licensing benches in dealing with applications for removals of licenses, shall require applications for and objections to the granting of such removals to be made in the same manner as if the applications had been for licenses in the first instance. Before sanctioning any removal, the licensing bench shall be satisfied that the premises to which it is proposed to remove a license are in the same city, town, borough, shire, or road district, as the case may be, as those from which it is proposed to remove such license, and shall further be satisfied that no covenant is contained in any lease entered into between the lessor and lessee of such premises against removing the license to any other house or premises. The sanctioning of any removal shall be effected by endorsement on the original license.
11.Notification of Transfers, Removals, &c.—Every transfer, removal, or forfeiture of a license shall within seven days of such transfer, removal, or forfeiture be reported by the clerk of petty sessions to the person who issued the license or to his successor in office under a penalty for any omission to so report not exceeding Five pounds, which penalty shall be determined by the Minister of the Crown hereinbefore mentioned, and may be deducted from any salary or allowance payable to such clerk.
12.Transmission of Notices of Application.—Whenever any clerk of petty sessions shall, under the provisions of section seven of the said recited Act, receive a notice of application relating to premises that are situated within a licensing district other than that pertaining to the court of petty sessions for which such clerk is appointed, he shall forthwith transmit the aforesaid application to the clerk of petty sessions for the court within the licensing district of which the said premises are situated, and such last-mentioned clerk shall post the notice in the manner prescribed by the said seventh section. The said first-mentioned clerk shall at the same time inform the applicant that his notice hits been transmitted as herein provided.

H. J. Wrixon,

Solicitor-General. Crown Law Offices, Melbourne, 23rd January, 1871.