27 VICTORIA, No. 227. Penalties on sales by unlicensed persons. Forfeiture of license after repeated convictions. Nineteenth Schedule. Lamp over door of licensed house cipalities &c. PARTS II. III. IV. AND V. [Repealed by 34 Vict. No. 390 s. 7, "Wines Beer and Spirits (Amendment)," post, p. 2633.] PART VI.-DUTIES AND LIABILITIES OF LICENSEES AND OTHERS. 45. If any person shall (except as the agent or servant of a licensed person) sell or dispose of within the colony of Victoria any liquor, or shall permit or suffer(a) any liquor to be sold or disposed of by any other person within the said colony without having first obtained in manner and form hereinbefore directed a license authorising such sale or disposal at the time and place and in the quantity and manner in which such licensee is by such license authorised to sell and dispose of such liquor, every such person shall forfeit and pay for a first offence any sum not less than five pounds nor more than ten pounds or shall be liable to imprisonment for any term not exceeding fourteen days; and for a second offence shall be liable to imprisonment with or without hard labor for any term not less than twenty-one days nor exceeding two months; and for every subsequent offence shall be imprisoned for three months. Provided that every offence shall be deemed a first offence within the meaning of this section unless it shall have been committed subsequent to a previous conviction and within twelve months thereafter. 46. [Repealed and new provision enacted by 34 Vict. No. 390 s. 24, "Wines Beer and Spirits (Amendment)," post, p. 2639.] 47. [Repealed and new provision enacted by 34 Vict. No. 390 s. 29, "Wines Beer and Spirits (Amendment)," post, p. 2640.] 48. If any person shall under any of the provisions of the three last preceding clauses be convicted twice within a period of twelve consecutive months, the justices sitting at the court of petty sessions at which such person has been convicted may if they think fit by an order under their hands in the form in the Nineteenth Schedule declare such license to be forfeited; and the same shall thereupon be void. 49. Every holder of a publican's license for a house not within except in muni any city town or borough lighted at the expense of the ratepayers shall keep a lamp affixed over the door of his house or within twenty feet thereof lighted during the whole of every night from sunset to sunrise during the time of his holding such license. And every person offending herein shall forfeit and pay for each such offence a penalty not exceeding forty shillings. Penalty for sup intoxicated persons. 50. No holder of a license shall either in his house or on any plying liquor to of the appurtenances thereto supply any liquor to any person in a state of intoxication under a penalty for each such offence of any sum not less than two nor more than five pounds. And if any such intoxicated person remain more than twelve hours on such premises, (a) Proof in accordance with section 66 is sufficient evidence to support a conviction for "suffering" the sale of liquor; although the defendant was not present, and there is no proof of authority to sell.-Cornish v. Elliott, 4 A.J.R., 152. A sale by the wife of an unlicensed person, not in his immediate presence, is not within this section. Reg. v. M'Queen, 1 V.L.R. (L), 18. the holder of such license shall in each such case be liable to the 27 VICTOria, same penalty. No. 227. aborigines. 51. If any person shall sell or dispose of liquor to any aboriginal Penalty for supnative, he shall for every such offence forfeit and pay over and above plying liquor to any penalty for the sale or disposal of such liquor without a license a penalty not exceeding ten pounds. liquors recover 52. No holder of a license shall recover any debt or demand on No debts for account of any liquor supplied by him to any person for consumption able. on the premises; but the holder of such license may sue for and recover the value of any liquor supplied with meals to any person bona fide lodging in the house. money. 53. If any holder of a license shall receive in payment or as a Liquors only to pledge for any liquor or entertainment supplied in or from such be sold for licensed house anything except current money or cheques on bankers or orders for payment of money, he shall for each such offence pay a penalty not exceeding ten pounds. convicted of 54. If any holder of a license shall be convicted of felony per- Forfeiture of jury or of any other infamous offence, or if holding a publican's license if licensee license or a beer license he shall permit any person to manage felony &c. superintend or conduct the business of such house during his absence for a longer period than twenty-eight days in any one year without the previous consent in writing of two justices, or shall whether present in such house or not permit any unlicensed person to be in effect the keeper thereof, or shall allow such house to become ruinous or dilapidated, then upon complaint thereof and proof of any of the facts aforesaid to the satisfaction of any two justices such justices shall by an order under their hands in the form in the Nineteenth Nineteenth Schedule declare such license to be forfeited; and the same shall Schedule. thereupon cease. But if such house shall have become ruinous or dilapidated by reason of fire tempest or other cause beyond the control of the licensee, the license shall not be forfeited until a reasonable time has elapsed for the reinstation of such house. houses. 55. Every holder of a publican's license shall at the request of Inquests to be any officer or constable of police receive into the house mentioned in held in public such license or upon the premises occupied therewith any dead body that may be brought to such house for the purpose of an inquest being held thereon; and for every dead body so received he shall be paid the sum of one pound out of any money which may be appropriated for such purpose. And if he shall refuse to receive such dead body for the purpose aforesaid, he shall on conviction thereof before any justice forfeit and pay any sum not exceeding five pounds. forfeit of license. 56. Any justices declaring any license forfeited may if they Payment of costs think fit order the person whose license is forfeited to pay such costs or license on to the person on whose complaint such forfeiture shall have been ordered; and payment of such costs may be enforced under the provisions of any law now or hereafter to be in force relating to duties of justices upon or relating to summary convictions or orders. (a) As to what evidence amounts to "dilapi- see Reg. v. Call, 1 A.J.R., 154. dation," within the meaning of this section, 27 VICTORIA, No. 227. Prohibition of blies in licensed houses. 57. No holder of any license shall permit any body union society or assembly of persons declared to be illegal, or any body union society or assembly who shall require from persons on or before unlawful assem admission thereto any illegal oath test declaration or affirmation, or who shall observe on the admission of members or at any other proceeding any religious or pretended religious or other rite or ceremony not sanctioned by law, or who shall wear carry about or display on assembling any arms flags colors symbols declarations or emblems whatsoever, to meet or assemble on any occasion or pretence whatsoever in the house premises or other place of sale of the person so licensed; nor shall the owner of such license display or suffer to be displayed on from or out of any part of such premises any sign flag or symbol decoration or emblem whatsoever of any such body or society as aforesaid. And if any such holder of a license shall offend against any of the provisions in this clause contained, he shall forfeit and pay for every such offence any sum not exceeding five pounds. Provided that nothing herein shall apply to the societies or bodies of men called Freemasons Foresters Free Gardeners Ancient Druids Odd Fellows or to any benefit or friendly society. Justices or peace officers may enter licensed houses in certain cases. Justices may order houses to be closed in cases of riot &c. 58. Any justice or any superintendent of police or other peace officer expressly authorised thereto in writing by any justice may enter into any licensed house premises or place in which they or either of them shall from information on oath or otherwise have or has reason to believe or suspect that any such body union society or assembly is met or held or on or from which any such sign flag symbol color or emblem shall be displayed; and may remove from such premises any persons who shall be found therein as members of or belonging to any such body union society or assembly; and may remove take away and destroy if he think fit any or all of the things hereinbefore enumerated, whether worn by such persons or on the premises with them or displayed on or from any part of such premises. And if any such person shall not when thereto required by such justice or peace officer as aforesaid remove from such house or premises, or if any person forcibly resist such justice or peace officer, it shall be lawful for any peace officer to arrest and take into custody any person so offending and him to carry and convey or cause to be carried and conveyed before any justice of peace to be dealt with according to law. And any person so refusing to quit such premises, or so resisting such justice or peace officer, or refusing to give his name and place of abode when demanded, or not truly answering to such demand, shall on conviction for any such offence forfeit any sum not exceeding two pounds; and if he shall not pay such sum forthwith, he shall be imprisoned in a common gaol for any term not exceeding one month. 59. Any two justices may, if any riot or tumult happen or be expected to occur, direct any licensed person within the respective jurisdictions of such justices where such riot or tumult shall happen or be expected to occur to close his house at and for any time for which the said justices shall give any order and direction. And any such person who shall keep his house open contrary to such order and direction shall forfeit and pay any sum not exceeding ten pounds. No. 227. or night may be officers in certain 60. Any justice or superintendent inspector or sub-inspector of 27 VICTORIA, police may demand entrance from time to time into any licensed house, or any constable authorised in writing(a) by any superin- Entrance by day tendent inspector or sub-inspector of police or by any justice in demanded by any particular instance may demand entrance into any licensed justices or peace house or the appurtenances thereof at any time by day or night; cases. and if admittance be delayed for such time as that it may be reasonably inferred that wilful delay was intended, the offender shall forfeit and pay any sum not exceeding ten pounds; and if such admittance be refused or wilfully delayed, such justice or peace officer may break into such licensed house. 61. Every holder of a license shall on demand at his licensed Licensee to prohouse or premises produce his license to any justice; or in default duce license thereof shall be liable to a penalty not exceeding ten pounds. 62. [Repealed and new provision enacted by 34 Vict. No. 390 8. 32, "Wines Beer and Spirits (Amendment)," post, p. 2641.] when lawfully demanded. ing liquor on 63. If any purchaser of any liquor from any person holding a Penalty on drinkgrocer's license shall drink such liquor in the house or premises premises of the described in such license, he shall forfeit and pay a penalty not holder of a less than twenty nor more than forty shillings; and every person so offending may be apprehended by any peace officer without a warrant. grocer's license. of adulterated 64. If any licensed person shall sell or offer for sale any Penalty on sale adulterated liquor, he shall forfeit and pay for every such offence liquors. any sum not less than ten pounds nor more than fifty pounds. And in order to analyse such liquor, any justice may on complaint on oath made to him that any such liquor is or is believed by such complainant to be adulterated and on the deposit by such complainant of the sum of two pounds to defray the expenses of such analysis, authorise the seizure of such suspected liquor and cause the same to be analysed by some competent person; and the expenses of such analysis shall be a portion of the costs which such justice shall order to be paid by the person convicted. exposed to sale 65. Any justice inspector of police or other peace officer may Seizure of liquors seize and take or cause to be seized and taken away all such liquor by unlicensed as he or they shall have reasonable cause to suspect to be carried persons. about for or exposed to sale in any highway or footpath or in any booth tent store or shed or in any boat or vessel or in any place whatsoever by any person not licensed to sell the same, and all the vessels and utensils used for containing drinking or measuring the same, and any cart dray or other carriage and any horse or other animal used in drawing or carrying the same and any boat or other vessel used in the conveyance thereof. And such justice or justices on his or their own view or on proof of such offence by oath may convict any person so offending, and on conviction he shall pay any sum not exceeding fifty pounds and be imprisoned for any period not exceeding four months; and such justice or justices may adjudge such liquor vessels and utensils containing the same (a) The constable must state by whom he is unless demanded.-Raleigh v. McCulloch, 4 authorised, but need not produce his authority VOL. III. A.J.R., 22. 3 D No. 227. 27 VICTORIA, and any cart dray or other carriage horse or other animal and any boat or vessel used in conveying the same to be forfeited, and may direct the same to be sold and the proceeds thereof after deducting the expenses of sale to be appropriated in like manner as fines are herein directed to be appropriated. Provided that in all cases where liquor shall be carried or be in course of being carried or be on the way from one place to another, the burthen of proving that such liquor was not so carried or being carried or exposed for sale shall be on the party so carrying the same. What held as prima facie evidence of unlicensed premises. Search warrants granted in certain cases. Persons deemed unlicensed if not 66. Any person not the holder of a license keeping up any sign writing painting or other mark in on or near to his house or premises, or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce a reasonable belief that such house or premises is or are licensed for the sale of any liquor or that liquor is sold or served therein, or there being on such premises more liquor than is reasonably required for the use of the persons residing therein, shall be deemed primâ facie evidence of the unlawful sale of liquor by such person. 67. Upon information on oath before any justice by any person that he believes that liquor is sold by any person without a license or contrary to the provisions of this Act in any house or place, such justice shall grant his warrant to any constable to enter and search such house or other place and seize(a) all such liquor as aforesaid as he shall then and there find and any vessel or vessels containing such liquor and detain the same until the owner thereof shall appear before two or more justices to claim such liquor and vessels and shall satisfy such justices how and wherefore such owner became possessed of the same; or if such person after being summoned shall not appear and if it shall appear to the said justices after due enquiry that such liquor was in the said house or place for the purpose of being illegally sold or disposed of, then they shall adjudge such liquor and vessels to be forfeited and sold; and the proceeds thereof after paying the expenses of such sale shall be appropriated as hereinafter directed.) 63. In all proceedings against any person for selling or allowproducing license. ing to be sold any liquor without a license such person shall be deemed to be unlicensed unless he shall at the hearing of the case produce his license. Unlawful sale of liquor provable by purchaser thereof. Delivery of liquor evidence of sale 69. The unlawful sale of liquor may be proved by any person although he may himself have purchased the same; and such proof shall be sufficient to support a conviction for such offence, and shall be held as such sufficient proof by any court of general sessions upon any appeal from such conviction. 70. The delivery of any liquor either by the owner or occupier for consideration. Or by his or her servant or other person in the house or place shall be deemed to be sufficient prima facie evidence of money or other consideration given for such liquor so as to support a conviction, (a) Where beer is seized under this section by an inspector generally authorized to act for the Corporation of Melbourne, the latter is not liable for trespass.-Henderson v. The Mayor of Melbourne, 5 A.J.R., 124 (b) This section omits to provide for the case where the owner appears but fails to satisfy the justices-in such case they have no jurisdiction. -Reg. v. Pohlman, in re White, 5 A.J.R., 22. |