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The Pamphlet Collection of Sir Robert Stout: Volume 36

Part IV.—Application for Licenses. Hearing of and Objections to Licenses

Part IV.—Application for Licenses. Hearing of and Objections to Licenses.

The places for nominating licensing justices, and mode of election, are detailed in sections 3 and 4, Regulations, pages 60 and 61.
Annual Licensing Meetings are to be held in December, at the Court of Petty Sessions in the District. One month's notice thereof is to be given by the licensing magistrates in the Government Gazette. There are no quarterly licensing meetings to be held now as formerly 35
Applications for renewals and removals of licensees, and hearing of objections thereto, are to be heard and determined at such annual meetings or adjournments thereof 36
See also Regulations, sections 10 and 11, page 62.
In cases where only one licensing magistrate and the police or stipendiary magistrate preside the latter, when there is a difference of opinion, is to have the casting vote 36
"Stipendiary licensing magistrates" are defined in section 6, Regulations, page 61.
The election is to be notified in the Government Gazette, Regulations, section 6, page 61. page vii
For directions as to the day and hour of sitting of licensing bench, and mode of voting, see sections 7 and 8 Regulations, page 61—and as to resignation of licensing magistrates, see Regulations section 9, page 62.
The hearing of applications for licenses requires the personal attendance of applicant 36
In the case of application for renewals, personal attendance by licensees is not required except notice of intended objection have been given to him 47
If an applicant for a license requires an adjournment—which he may do if he has not had three days' notice of intended objections to the granting thereof, sec. 38—the licensing magistrates may adjourn the annual meeting from time to time during the period of one calendar month 36
Mode of applying for licenses—The applicant, fourteen days before he apply, must deliver to the clerk of petty sessions held within the district, three copies of his notice of application, and one to the member of police in charge of the district where the premises are situated. He must also affix a duplicate of such notice on the outer side of the principal entrance to the premises for which he intends to apply for a license, and must advertise a copy of it in some newspaper circulating in the district seven clear days, that is, exclusive of the day of publication of the newspaper and the licensing day before application, Grocers are not required to affix such notice on their shop doors 37
Objections to the granting of a license may be made by three or more ratepayers in any municipal district, that is, in any city, borough, town, or shire, or by three or more citizens—not necessarily ratepayers—or burgesses of any ward of the city of Melbourne or town of Geelong. Any other applicant or person already licensed, or member of the police in charge of the district, or any resident or residents in the neighbourhood, or the owner of the premises, have also the right to object, on one or more of the following grounds:—1st. That the applicant is of bad fame and character; (2nd)or of drunken habits; (3rd) or has within six months previous ly forfeited a license; (4th) or has been convicted of selling liquor without a license within a period of three years; (5th) that the premises have not the requisite accommodation or reasonable accommodation, if the house is situated in a special area—section 31; (6) that additional licensed premises are not required in the locality; (7) that the premises are in the immediate vicinity of a place of public worship, hospital, or school; (8th) that the quiet of the place where such premises are situate will be disturbed if the license be granted 38
The same objections may be taken to the renewal of a license; and, in addition, that the premises have not been maintained at the required standard (sec. 31), or any other objections which the licensing magistrates may consider sufficient 31, 38page viii
As heretofore provided, corporate bodies may authorise any person to object on their behalf to the granting of a license on any of the above stated grounds 39
The licensing magistrates are required to "entertain any petition or memorial from the ratepayers, burgesses, or citizens of any district, sub-division, or ward, on proof of the authenticity of the signatures thereto," and if it appear to them that a majority of the ratepayers, burgesses, or citizens in the neighbourhood of the premises proposed to be licensed object to the granting of the application, the licensing magistrates shall refuse to grant it. They are to determine what is "the neighbourhood" 39
In case of successful opposition to an application the magistrates may order costs against the applicant: but if the opposition appears to have been vexatious or' malicious they may order costs and expenses against the unsuccessful opposer 40
The licensing magistrates are now required to furnish successful applicants with a certificate, and to forward a duplicate to the Treasurer of the municipality in one or other of the forms in the 5th schedule 41
Applications and renewals for licenses in outlying districts may be granted by the police or stipendary magistrate at any court of petty sessions held nearest to the proposed or licensed premises in the month of December 42
Where, owing to sudden increase of population, or where necessity exists for the immediate grant of publicans' licenses, the Governor-in-Council may proclaim such place a licensing district; directions are given in this section as to the mode of application and fee to be paid 44
Certificates are void if license fees be not paid within fourteen days after they are granted 45