The Pamphlet Collection of Sir Robert Stout: Volume 36

Index to Act — And Regulations (Section 34)

Index to Act

And Regulations (Section 34).

	No. of Section
Accommodation required for new licensed premises	18-30
Act—Title, "The Licensing Act 1876"	1
To commence on 1st day of January, 1877	1
Arrangement of Parts	1
To whom not to apply	4
Acts mentioned in first Schedule to be repealed—saving clause	2
Absence of Licensee from licensed premises for more than 28 days without permission from two justices renders him liable to forfeit his license	72
Aboriginals—Penalty for supplying liquor to	61
Adjournment of Licensing Meeting	36
At request of applicant	36-38
Adulteration of Liquors—Penalties not less than £10 nor more than £50 for first offence; for second offence, penalty not more than £100 or imprisonment not exceeding three months	82
Forfeiture of license	82
Forfeiture of adulterated liquor and vessels	82
Placard, stating conviction to be affixed by police officer to premises of person convicted	83
And to be kept where affixed for two weeks	83
Penalty on persons licensed under 'Distillation Act 1862" having adulterated liquors or deleterious ingredients on his premises	82-84
Annual Licenses—Fees for	13
Registrations—Fees for	16page 64
Applications for Licenses—See Licenses, Application for	36
Mode of applying for licenses	37
Applicant, if notice of intended objection has not been served on him three days before hearing, may apply for adjournment	38
Areas, Special—See Special Areas	14
Assignee may carry on the business by agent specialty authorised in writing by Licensing Stipendiary Magistrate	50
Ballot Papers to be in form of Third Schedule	23
To be initialed by Returning Officer or Deputy	23
Each voter entitled to same number as he has of votes for councillors	23
Bar of Public house not to be opened on Sunday to even lodgers or bonâ fide travellers, penalty not less than £1 or more than £10	67
Billiard Table License—Effect of	11
Annual fee for £5	13
Application for may be heard by a Licensing Stipendiary Magistrate at any Court of Petty Sessions	43
Billiard Table—Any person keeping such for hire without a license, or licensed person permitting it to be used at other than hours stated in license, liable to penalty not less than £5 or move than £10 for first offence, for second or subsequent offence not less than £10 or more than £50	94
Licensee permitting billiards, bagatelle, or any other game on Sundays liable to penalty not exceeding £10	66
Bona fide Travellers—Who are	67
Proof that person supplied was a bonâ fide traveller rests with licensee	67
Penalty on any person falsely representing himself to be a bonâ fide traveller	67
"Borough "—Meaning of term to be as in "Local Government Act 1874"	3
"Brewer"—Meaning of expression	3
Registration of, and premises on what conditions	15
Annual fee for, £25	16
Brewers—Places where they may carry on their business	17
Certificates void, unless license fee be paid to Treasurer within fourteen days after granting of certificate	45
Certificate of Licensing Magistrates to be transmitted to Municipal Treasurer	41page 65
Children—Penalty on licensees permitting, and the persons actually supplying liquor, for consumption on the premises, to children under twelve years of age, not exceeding £10	64
Clerks of Petty Sessions, to serve notice on owner, when tenant has been convicted of an offence, repetition of which will render premises liable to be disqualified	107, 108
Clerk of Petty Sessions to transmit applications made in error to right Court and inform applicant. (Regulations, Sec. 12, page 60.)
Closets on licensed premises for public use	30
Club—Persons occupying premises bonâ fide as a club exempted from provisions of this Act	4
Colonial Wine License—Effect of—Annual Rental of premises must be £50	9
Annual fee for, £5	13
Colonial Spirits, when mixed with foreign spirits—Vessel containing such to be labelled, "a mixture of foreign and colonial spirits"	85
Colonial Wine Merchant included in term "Brewer"	3
Must therefore hold a brewer's license	15
And pay registration fee	16
Commitment—Warrant of, not to be void	105
Concert Saloons—See Dancing	65
Conditions of Obtaining Licenses, Part II.
Constables—Penalty for knowingly harboring on premises, giving or selling any liquor to any constable while on duty, or attempting to bribe him	89
When requested, to assist in expelling drunken or disorderly persons from licensed premises	80
Convictions—Licensed persons convicted twice within six months liable to forfeit license	99
If any person is convicted of any offence against the 55th, 64th, or 82nd sections, and two previous convictions within three years under same sections be proved against him, he shall be disqualified from holding any license for three years	100
If convicted thrice for offences on same premises any justice may disqualify premises for two years	100
Notwithstanding above, pecuniary penalty or imprisonment, where provided by any other section, may be added	100
Convictions or Orders not to be quashed for want of form or removed by certiorari	105
Warrants of Commitment when not void for defects	105page 66
When tenant is convicted of any offence, Clerk of Petty Sessions to serve notice thereof on owner of premises	107
After expiry of three years, convictions not receivable in evidence to subject person to increased penalties	98
Corporate Bodies may object to granting of any application for a license
Costs—Expenses—How recovered	110
Costs of objection to granting of licenses	40
Dancing, Concert, or Theatrical Saloons, or Place of Common Resort	65
Licensed person permitting any part of licensed premises to be used for such purposes liable to forfeit his license	65
Exceptions—Private societies or assemblies having exclusive right of admission	65
Conditions—Permit—Under hand of a Licensing Magistrate	65
Licensing Magistrates to forward a list of such permits at six months intervals to Chief Secretary	65
Dead Bodies—See Inquests	73
Debts—No licensed person shall recover any debt incurred for liquor, except to bonâ fide lodgers	62
Nor take any pledge for payment; penalty not exceeding £10	63
Decease of Licensee—Within two months of expiry of license—Conditions on which renewal may be obtained	50
See Executor	50
Delivery of Liquor by a licensed person, or by owner or occupier of any house, or his servant—Primâ facie evidence of money having been given	93
Destruction of Premises by fire or otherwise—Temporary order to carry on business may be granted by a licensing stipendiary magistrate	52
Dilapidation of Licensed Premises—When license liable to be forfeited for	72
Disorderly Persons	58, 80
Districts—Licensing—See Licensing Districts, Part III., page 14. Every city, town, or borough, bounded on every side by other cities, towns, or boroughs, to be a licensing district. (Regulationsr, Sec. 1, page 60)	32
Disqualifications to hold Licenses, &c.—See Convictions	99, 100page 67
Disqualification of Premises—If licensee has been thrice convicted for offences committed on same premises, such premises may be disqualified from receiving any license for two years	100
If licensee is thrice convicted of offences against 55th, 64th, or 82nd Section within three years, he is disqualified for that period	100
If licenses are forfeited for same premises twice within two years, by different offenders, premises disqualified for one year	101
Notice of such disqualification to be given to owner of premises	101, 107, 108
No license to be granted or transferred to such persons or premises during continuance of disqualification	102
But owner may apply to a licensing stipendiary magistrate to carry on the business by his agent, under conditions stated	03
Owners may appeal against orders disqualifying their premises	108
Drunkards—See Intoxicated Persons—Two Justices may prohibit any licensed person selling any liquor to drunkards for one year	58
And may extend such prohibition to any other city, town, or district	58
And may continue it beyond a year	59
Penalty on persons selling liquor for use of such prohibited person	60
Duties and Liabilities of Licensed Persons and others, Part VI., page 28.
Evictment of Tenant—Owner and new tenant may have a special certificate for transfer of license	48
Agent may be authorised to carry on business when licensee has forfeited his license and been evicted	103
Entry on licensed premises	75, 77
Executor may carry on the business by Agent specially authorised in writing by Licensing Stipendiary Magistrate	50
Fees payable on Licenses, Part	13
On Registrations, Part I	16
Fees, Fines, and Penalties—Application of	111
Annual Return of, to 1st January preceding, to be sent by Municipal Councils to Treasurer of Victoria, on or by 31st March	111
A sum equal to 5 per cent, on the gross amount of fees, fines, &c., to be remitted to Treasurer of Victoria	111
Fees for new licenses are to be paid into the consolidated revenue	111
Felony Perjury, or other Infamous Offence—Any licensed person convicted thereof to forfeit his license	71
Fermented Liquors and Spirits—Governor in Council may proclaim where they may be sold	17
Fire—Premises destroyed by—Temporary order to carry on business in neighbourhood may be granted under hand of a Licensing Stipendiary Magistrate	52page 68
Fines, Fees, and Penalties—Application of—See Fees	111
Forfeiture of License—Licensee liable to, if be absent from his licensed premises beyond 28 days without permission from two Justices	72
Or been convicted of a felony, &c	71
Or if he permits his licensed premises to become ruinous, or delapidated	72
Or if he be twice convicted within six months	99
Exception—Fire, tempest, or other cause, but expiry of sufficient time to repair is not	72
Or if he mixes any deleterious ingredients with his liquor	82
If applicant has forfeited his license within six months, his application for another license may be objected to	38
Forfeitures—To be sold, and proceeds paid to local Councils	111
Gambling prohibited on licensed premises	55
Goldfields, New—Provisions for licenses being issued for	44
Governor in Council may proclaim certain districts as places where spirits and fermented liquors may be sold in quantities of not less than two gallons	17
May proclaim districts when a sudden increase of population has occurred, places where publican's licenses may be granted	44
Grocer's License—Effect of	8
Annual fee for, £5, and for spirit merchant's registration, £25	13, 16
Penalty for allowing liquor to be drunk on premises	61, 79
Must have name and we rds sufficient to express the business for which he is licensed on front of premises	53
Bottles and vessels containing liquors, to be labelled	85
If bottled in the colony, bottler's name to be stated on label	85
If containing a "a mixture of colonial and foreign spirits" to be so labelled	85
Grocers Licensed supplying liquor under fictitious heading or description liable to penalty not less than £10 or more than £20 first offence, subsequent offences not less than £20 or more than £50	86
Hearing of and Objections to Applications, See Licenses Applications for, Part IV	36, 37, 38
Hotels, see Public Houses—Accommodation, principal entrance	30
Hours—Penalty for selling during unlicensed hours	61
Importer of Liquors—When Act not to apply to	4
Inquests—Licensed publican to permit inquests to be held on his premises	73
To receive dead bodies for that purpose if there be no morgue or police station within two miles	73page 69
Insolvency of Licensee—An agent of assignee or trustees may carry on the business, if specially authorised in writing by a Licensing Stipendiary Magistrate	50
Inspectors of Licensed Premises and Liquor—Governor in Council may appoint sufficient number	95
Penalty for receiving any fee, perquisite, gratuity, or reward,—dismissal, and imprisonment not exceeding twelve months	96
Penalty on any person giving, offering or promising any fee, &c; not less than £20 nor more than £100	96
Duties of Inspector defined	97
Analysis, expense of, to be part of costs on conviction	97
If no conviction, costs and expenses of analysis to be paid by inspector who procured sample	97
Interpretation Clause	3
Intoxicated Persons—No licensee to supply liquor to any intoxicated person; penalties	57
If found on licensed premises prima facie evidence of licensee's knowledge thereof	55
Licensee may refuse to admit, or may turn out any drunken, violent, quarrelsome, or disorderly person, penalties	80
Penalty on such person refusing to quit premises not exceeding £5	80
Penalties on persons found drunk in any highway or public place, or on any licensed premises	81
Person while drunk guilty of riotous or disorderly conduct, or while in charge of any vehicle, or in possession of loaded firearms, liable to penalty or imprisonment for a period not exceeding one month	81
Justice of the Peace, except one of the Licensing Bench, to have no jurisdiction in granting, renewing; or removing any license	33
Two or more justices, or one police or stipendiary magistrate, to hear and determine offences under the Act	104
One justice may hear and decide charges against persons being found drunk in any highway, public place, or licensed premises	104
Any two justices may prohibit licensee from selling liquor to habitual drunkards	58
Any justice may in writing authorise entry into any licensed house	75, 77
Any justice may cause to be seized liquors carried about or exposed for sale by unlicensed person	87
Any justice dealing with the case may disqualify premises from being licensed for two years, if three convictions have been made against occupier	100
Any justice may grant a search warrant on information on oath by any person that he believes liquor is sold in any house without a license	90page 70
Lamps—Except in Melbourne, Geelong, and boroughs lighted at expense of ratepayers, licensee to keep a lamp lighted during whole night over bar or principal door, or within twenty feet thereof	56
Labourers, Servants, Workmen—Penalty on employer paying them in a licensed house	68
Landlord—See Tenant—Eviction of tenant by	48,103
When tenant convicted, clerk of petty sessions to serve notice on owner	107
Legal Procedure, Part VII.—See Summary Proceedings	104
Liabilities and Duties of Licensed Persons, Part VI., page 28.
License, New—No new publican's license to be granted except for premises containing not less than thirty rooms until December, 1879	18
Except when there is a sudden increase of population	44
Fees for new licenses to be paid to consolidated revenue	111
Licensed person on demandat his licensed premises to produce his license to any justice	78
Non-production of, by person charged with selling liquors without a license evidence he is unlicensed	91
Licenses and Registrations—Annual fees for	13,16
Various kinds of, and forms	5
License Fee to be paid to Treasurer within fourteen days from date of granting certificate, else latter void	45
License—No person to hold more than one license. Penalty £5	29
But any licensed or other person may at same time hold a temporary, special temporary, grocer's, billiard table license, or licenses for railway refreshment rooms	29
No publican's license to be granted unless premises have certain accommodation and other requirements	30
Preceding provision not to apply to licenses granted prior to commencement of this Act if accommodation heretofore required is maintained—or premises at railway stations, booths, or houses in special areas, if licensing magistrates deem accommodation sufficient	31
Licenses, Removal of—See Removal of Licenses	49
Licenses, Renewals of—See Renewal of Licenses	47
Licenses, Transfer of—See Transfer of Licenses	48
Licenses held at commencement of Act for licensed premises are subject to provisions hereof	2page 71
Licenses for Premises in Outlying Districts—
Applications for, to be heard and determined by police or stipendiary magistrate at nearest court house	42
Licenses, Forfeiture of—See Forfeiture of License, Absence, Dilapidation	72
Licenses Forfeited, where they may be continued on behalf of owner of premises	103
Licensing Bench, who constitute the	33
Licensing Magistrates—See Licensing Districts, Licensing Magistrates—Part III	33
"Licensing Stipendiary Magistrates," meaning of expression	3
"Licensed Person"—Meaning of expression	3
"Licensed Publican"—Meaning of expression	3
"Licensed Premises"—Meaning of expression	3
Licensing District—Part III.
Licensing Districts—Existing licensing districts continued under this Act; defined, &c., in Regulations, section 2, page 60	32
Every city, town, or borough, bounded on every side by other cities, towns, or boroughs, to be a licensing district—See Regulations, section 1, page 60.
May be altered by regulations of Governor in Council	34
New licensing districts may be created by regulations of Governor in Council	34
Where a sudden increase of population has occurred, Governor in Council may proclaim such places licensing districts	34
Governor in Council may proclaim new districts wherein Publicans' licenses may be specially granted	44
Governor in Council may proclaim certain districts as places where spirits and fermented liquors may be sold in quantities not less than two gallons	17
Licensing Magistrates—The Stipendiary or Police Magistrate, with two justices, shall be the Licensing Bench	33
No Justice interested in the manufacture or sale of spirituous or fermented liquors to be elected a Licensing Magistrate	33
Mode of electing two Justices in January in each year	33
To continue in office till successors are elected	33
Governor in Council may prescribe mode of electing such Justices	34
Place and Time of Election—See Regulations, sections 3 and 4, page 60	33
Result of election to be notified to Minister and gazetted, Regulations, section 5, page 61. Police or Stipendiary Magistrate, and one Licensing Magistrate, may transact business, the former having the casting vote	36
No disqualification on the part of either Licensing Magistrate to be an objection to license granted by the Licensing Bench	33page 72
Licenses, Applications for—Hearing of and Objections to Applications—Part IV.
Licensing Meetings for each licensed district, to be held in December in each year—(Day and hour, Sec Regulations, section 7, page 61)	35
At Courts of Petty Sessions in each district	35
May be adjourned to another time or place	36
One month's notice to be given by Licensing Magistrates in Government Gazette	35
Two magistrates, one being Police or Stipendiary, may hold licensing meeting, the latter having casting vote	36
Applications J or Licenses, Renewals, or Removals to be heard and determined at licensing meeting	36
Applicant for a license is to attend personally	36
Applicant for renewal of a license need not attend personally, unless opposed. License must be produced	47
May apply for adjournment, to some time within one month	36
To deliver three notices of intention to apply, signed by him, stating abode and business, to nearest Clerk of Petty Sessions, and one to district police officer, fourteen clear days before application	37
To affix a like notice on principal entrance to premises	37
To publish a copy thereof in some newspaper, seven clear days before application	37
Such notices to be in one of the forms of fourth schedule	37
Renewed applications for license previously refused	46, 47
Objections to Licences being granted may be made by three ratepayers or burgesses—or by other applicant for a license—or by a person already licensed—or by the police—or by any resident in the neighbourhood—or by owner of premises, personally, or by petition	38
On the grounds that applicant is of bad fame—or drunken habits—or has forfeited a license within six months—or been convicted of selling liquor without a license within three years	38
Or that the premises have not the required accommodation—or are not required in the neighbourhood—or are near a place of public we ship, hospital, or school—or may disturb the quiet of the neighbourhood	38
Objections to Renewal of Licenses—That applicant is of bad fame—or drunken habits—or that premises have not been maintained at required standard, or any of above or other objection which appears sufficient to Licensing Magistrates	38
It is not necessary to give notice of intended objection to applicant	38
But if notice of intended objection is not given to applicant three days before hearing, he is entitled to an adjournment	38
Corporate bodies may authorise any person to object on behalf of ratepayers to granting of applications for licenses	39
Ratepayers, burgesses, or citizens, may also object, by petition or memorial, on evidence of authenticity of signature being given	39
In case of refusal, Licensing Magistrates to state cause of objection	46page 73
Limitation—Conviction after three years, when not receivable in evidence	98
"Liquor," meaning of expression	3
Liquors—Vessels containing spirits to bear a clear and legible statement of contents, penalties for neglect	85
Penalty on licensed grocers selling liquor under fictitious heading or description; first offence not less than £10 or more than £20, subsequent offences not less than £20 or more than £50	86
Lodger may be supplied with liquor on Sundays	66
But not at the bar	67
Penalty on person falsely representing himself to be a lodger	67
Loss of License—Duplicate may be granted by licensing stipendiary magistrate	51
Lunacy of Licensee—Wife or member of family may be authorised to continue business	50
Magistrates Licensing—Part III	33
Marriage of Licensee.—Husband entitled to privileges of license	50
Mode of Applying for Licenses—See Licenses, Application for	37
Municipalities—
In new municipalities poll to be taken at first annual election after 1879	22
So also in case of alterations arising from union, severance, annexation, or otherwise	22
"Municipal District," "Sub-division," and "Borough"—Meaning of expressions as in Local Government Act, 1874"	3
Name of Licensee and Business to be painted in front of licensed premises	53
"Neighbourhood"—Licensing Magistrates, to determine what is	39
New District, Governor in Council may proclaim by regulation	34
Where sudden increase of population has occurred, Governor in Council may proclaim such places as places where publicans' licenses may be specially granted	44
New Goldfields—
Provisions for granting licenses for	44
"New Publicans' License," meaning of expression	3
None to be granted, except for premises having not less than thirty rooms, till December, 1879	18
None to be granted until ratepayers have first determined by poll the number of new licenses to be granted for their district	18page 74
New License Fees to be paid to consolidated revenue	111
New Municipalities—Poll to be taken at first annual election after 1879	22
Notices, how served	109
Objections to Licenses—See Licenses, Applications for	38
To renewal of licenses	38
Objections to Licenses, Costs of	40
Objections—Reasons for refusal to grant license to be stated by licensing magistrates	46
"Owner," meaning of expression	3
Owner of Licensed Premises—Privileges of—When tenant is convicted, Clerk of Petty Sessions to inform owner thereof	107
When premises declared disqualified, justices making order shall cause such order to be served on owner	108
Who may appear at Court of Petty Sessions stated on such order, and appeal against it	108
On any or all of the grounds stated in this section, but no other	108
When justices' order may be cancelled	108
When licensee evicted, owner and proposed new tenant may apply for a special certificate of transfer to latter	48
When licensee personally disqualified, or has forfeited his license, agent of owner may be authorised to carry on business	103
Packet License, effect of	7
Annual fee for, £10	13
Mode of applying for	37
May be granted by a Licensing Stipendiary Magistrate at any Court of Petty Sessions	43
Fees for, to be treated as if issued where application was granted	111
Applications for licenses for vessels plying to or from Melbourne or Hobson's Bay, to be made to Licensing Stipendiary Magistrate, at Melbourne, Sandridge, or Williamstown	43
If plying to and from Geelong, to a Licensing Stipendiary Magistrate at Geelong	43
Penalties, application of	111
Petitions or Memorials from ratepayers, burgesses, or citizens, to Licensing Magistrates, against granting of applications for licenses—when to have effect	39
Places of common resort—See Dancing, &c., Saloons	65
Penalty for selling at places not authorised by license	61
Places where spirits and fermented liquors may be sold	17
Places hitherto proclaimed to continue so	17
Places of convenience on licensed premises	30
Police or Stipendiary Magistrate to be one of Licensing Bench—See Stipendiary Magistrates	33page 75
Police—Superintendent, Inspector, or Sub-Inspector, may demand entrance to licensed premises at any time during day or night	77
So may any constable, authorised in writing by any of said officers or Justice, in any particular instance	77
Penalty for delaying admittance	77
On refusal, or wilful delay, premises may be broken into	77
Poll of Ratepayers to be taken on every third annual election of Councillors, commencing August, 1879	19
To be taken by ballot	19
To be taken for first time at election for Councillors in August, 1869	19
To determine following propositions:—
1st That the number of publicans' licenses is not to be increased 2nd That the number may be increased by a given number	20
Such determination to continue in force until another is made	20
During the interval, if decided number is to be increased, no
greater number to issue than the number determined upon	20
But such determination is not to be imperative on Licensing Magistrates to grant new publicans' licenses	21
If there be no annual election of Councillors on day fixed for taking poll, such poll to be taken at following annual election	22
Mode of Ascertaining Result of Poll (See Introductory Notes)	27
Result to be declared by Returning Officer, and forthwith forwarded to Minister	28
Publication thereof in the Government Gazette to be conclusive evidence of the decision	28
Population, Sudden Increase of—Provisions for granting licenses where such occurs	44
Premises, Disqualification of—See Disqualification of Premises	100, 101, 108
" Premises where same is sold"—meaning of expression	79, 80
Penalty on licensed persons permitting liquor to be drunk on or near licensed premises, when license prohibits it	61, 79
Destroyed by fire, if re-built by 22nd December, 1877, may apply for a new license in that month	18
Premises containing not less than thirty rooms may be granted a license before December, 1879	18
Prohibited Persons—See Drunkards	58, 59, 60
Property of Guests—Public-house to be considered a common Inn	69
Not liable to be distrained for rent	69
If distrained, two Justices may order restitution, with costs	69
Licensee not liable for loss of goods above the value of £10, unless given into his care	70
Protection to persons executing Act	106
Prostitutes—If licensed person person permit them to be on his licensed premises he shall forfeit a sum not exceeding £20—prima facie evidence of	55page 76
Public-house—Requirements of—Separate entrance—Accommodation—Size of rooms—Construction—Stables	30
Such requirements not applicable to licenses granted prior to this Act, if accommodation is maintained	31
Nor to premises at railway stations, booths at cricket grounds, or houses in special areas, if Licensing Magistrates consider accommodation sufficient	31
Publican's License, effect of, hours for sale of liquor, 6 a.m. to 12 p m.	6
Annual fee for, £25	13
For special areas, £10	14
No New License to be Granted, except for premises containing not less than thirty rooms, until December, 1879	18
Publicans' licenses in force on 31st December, 1876, not to be affected by provisions of section 18	18
Purchaser of liquor unlawfully sold may prove such sale	92
Quantities—Penalty for selling in quantities not authorised by license	61
Refusal to grant application for a license—Magistrates to state objection	46
Refusal of Renewal of License—If on personal grounds, Magistrates may adjourn licensing meeting to some day not less than twenty-one, or more than thirty days, when another person may apply for such license	47
Refusal of Removal of License does not prejudice such license	49
Registrations—License Fees Payable—Part I.	15,16
Registration of Premises of brewers and spirit merchants	15
Regulations published in Government Gazette on 25th January, 1871 continued (See page 60 ante)	34
Governor in Council may make, alter, and repeal regulations—alter licensing districts—prescribe mode of election of Licensing Justices, or for otherwise carrying out the Act	34
Such regulations to take effect on publication in Government Gazette, as if enacted in this Act	34
Riot—Any two Justices may direct licensed premises to be closed	76
Removal of Licenses—Notice of intended application for, to be given in same manner as required for license	49
Notice to be served personally on owner of premises from which license is to be removed	49
If he object, Licensing Magistrates not to make an order of removal	49
Same objections may be made in case of granting of a license	49
If order granted, premises from which license is removed shall cease to be licensed	49page 77
Renewal of Licenses—Part V.	47
Licensed persons, if not objected to, entitled to certificate authorising removal of his license	47
On production of his license—if not allowed, to expire or become void—and payment of a fee, entitled to a license	37
Licensing Magistrates may refuse a certificate of renewal, if it be proved that license is liable to be forfeited	47
Licensed persons need not attend in person at licensing meeting, unless notice has been served three clear days before intimating intended opposition to renewal	47
But notwithstanding no notice of objection has been served, Licensing Magistrates may adjourn application, and require attendance of licensee	47
Renewal of Applications for Refused Licenses, at subsequent licensing meeting, when grantable	46
After a second refusal, application cannot be renewed for three years	46
In case of refusal, Licensing Magistrate to state objection	46
If license has been refused on personal grounds, Licensing Magistrates may adjourn meeting to some day, not less than twenty-one, or more than thirty days, when some other person may apply for such license	47
Repealed Acts—Saving clause	2
Ruinous condition of Licensed Premises—When license shall be liable to be forfeited for	72
Sale of Spirits and Fermented Liquors—Governor in Council may proclaim where they may be sold	17
Search Warrants, on information on oath, that liquor is being unlawfully sold in any house or place, Justice shall grant a search warrant	90
Sly-grog Selling—See Unlicensed Persons	54,87,90
Special Areas—Governor in Council may proclaim part of a Municipality, on application of Council	14
And so also parts not included in any Municipality	14
But not a Borough having more than five hundred ratepayers	14
Publican's license fee in such an area to be £10	14
Places already proclaimed to continue so	14
Governor in Council may revoke proclamation of	14
Special Temporary License, effect of	12
Annual fee for, £1 per month	13
Applications for may be granted by a Licensing Magistrate at any Court of Petty Sessions	43page 78
Spirits—Vessels containing such to bear a clear and legible statement of contents and name of bottler	85
When colonial distilled spirits are mixed with foreign spirits, vessels containing such to be labelled "A mixture of foreign and colonial spirits	85
Penalty not less than £10 or more than £50 for each offence, with forfeiture of all vessels containing spirits not bearing such statement	85
Licensed Grocers supplying and charging for liquor under fictitious heading or description, liable to a penalty not less than £10 nor more than £20 for first offence	86
Subsequent offence not less than £20 nor more than £50	86
"Spirit Merchant"—Meaning of expression	3
Registration of premises, on what conditions	15
Annual fee for, £25	16
Where he may carry on business	17
Stabling, licensees required to have such, to keep supply of hay and corn	56
"Stipendiary Magistrate—Licensing"—Meaning of term	3
Stipendiary Magistrate—who to be. (Regulations, Sec. 6, page 61). Where acting with one Licensing Magistrate, to have casting-vote	36
Provision where two or more act within same district	33
Or when none have been appointed to a district	33
"Sub-division" to have same meaning as in "Local Government Act, 1874	3
Sudden Increase of Population—Governor in Council may proclaim such places to be places where publicans' licenses may be specially granted	44
Summary Proceedings—Penalties, offences, forfeitures, shall be recovered and enforced in manner provided by "The Justices Statute, 1865"	104
Before two or more Justices, or a Police Magistrate	104
Except where offence is being found drunk in any highway, public place, or licensed premises, when one Justice may adjudicate	104
Sunday, no Licensed Person shall sell or retail any liquor, or suffer the same to he drunk on his premises on Sunday, except to lodgers in such house, or bonâ fide travellers. Penalty not exceeding £10	66
Or suffer anyone to play at billiards, or bagatelle, or other game on such day	66
Or open his public bar to even lodgers or bonâ fide travellers	67
Temporary License—Effect of	10
Annual fee for, £2	13
Application for may be granted by a Licensing Stipendiary Magistrate, at any Court of Petty Sessions	43page 79
Tenant, when evicted by Landlord—License may be transferred	48
When his license is forfeited, it may be continued on behalf of owner	103
Theatrical Saloons—See Dancing	65
Thieves—If licensed person permit them to be on his licensed premises, he shall forfeit a sura not exceeding £20—Prima facie evidence	55
Time—Penalty for selling during unlicensed hours	61
Trade Marks Statute, 1864—Inspector of Licensed premises and liquor—to prosecute any person licensed under "The Distillation Act, 1862," for infringement of above Statute	97
Transfer of Licenses—Any licensing stipendiary magistrate may, at any Court of Petty Sessions, on application in writing by proposed transferror and transferree, transfer license by endorsement	48
Or, in case of ejectment, on application of owner and proposed new tenant, by special certificate	48
Transfer fee, £2	48
Transferree to apply for license at next licensing meeting, as if for a new license	48
No application for a transfer to be entertained until expiry of three months from granting of license or previous transfer	48
Traveller who is a bonâ fide, false representation, penalty	67
Trustees may carry on the business by agent specially authorised in writing by licensing stipendiary magistrate	50
Unlawful Games or Sports—Licensed person, if he permit such to be played on his licensed premises he shall forfeit and pay a sum not exceeding £20—prima facie evidence	55
Unlawful Hours—Penalty on licensee selling during	61
Unlawful Quantities—Penalty on licensee selling beyond limits of license	8, 61, 79
Unlawful Places—Penalty on persons selling in	61
Unlicensed Persons—Penalty for selling liquors	54
Any justice, inspector of licensed premises, inspector of police or peace officer may cause to be seized any liquor they have cause to suspect is carried about or exposed for sale by any person not licensed to sell the same	87
Also all vessels containing, and any cart, &c., used carrying the same	87
Any justice upon view or proof of such offence or upon oath may inflict a penalty not exceeding £50, with imprisonment not exceeding four months	87page 80
With forfeiture of vessels, carts, &c	87
And costs	87
Exception.—If such liquor be on the way from one place to another, the proof that it is so, and that it is not being carried for sale shall be proved by the carrier thereof	87
What is prima facie evidence of unlicensed person selling	88
Person to be deemed selling without a license, unless at hearing he produce his license	91
Person purchasing may prove unlawful sale of liquor	92
Unlicensed Premises—Penalty on persons selling on	61
Unlicensed Premises—What shall be prima facie evidence of unlawful sale on	88
Unlawful Assemblies—Penalty on licensed publican permitting such to be held on his premises	74
Not to apply to Freemasons', Foresters', Oddfellows', Druids', Free Gardeners' or benefit or friendly society meetings	74
Justice, superintendent of police, or other peace officer may demand admittance to licensed premises where such meetings suspected to be held	75
Votes to be taken by ballot-papers in form of third schedule initialled by Returning Officer	23
When demanded each voter to receive same number of ballot-papers as he does for election of councillors	23
Votes to be taken in same manner as at election for councillors	23
Provisions of Part V. Local Government Act 1874 to apply to such voting	24
Mode of voting in Melbourne and Geelong	25,26
Mode of ascertaining result of poll	27
Result of poll to be declared and sent to the Minister; publication thereof in Government Gazette to be conclusive evidence	28
Voting at Licensing Meeting—mode of (Regulations, Sec. 8, page 61)
Wages—Penalty on employers paying we rkmen or servants in any licensed premises	68
But a licensed person may do so	68
Warrants of Commitment not to be held void for any defect, if there be a valid conviction	105
Widow, or member of family 21 years of age, or person on behalf of family, may, subject to conditions stated, carry on the business	50
Witnesses—Licensing Magistrates may summon and examine, on oath	36