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The Pamphlet Collection of Sir Robert Stout: Volume 36

No. DLXYI

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No. DLXYI.

"An Act to consolidate and amend the Laws relating to the Licensing of Public Houses and the Sale of Fermented and Spirituous Liquors."

[22nd Dec., 1876.]

Be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:—

1. This Act shall commence on the first day of

Commencement, title, and arrangement of Act.

January One thousand eight hundred and seventy-seven and may be cited as "The Licensing Act 1876;" and the sections thereof are arranged in Parts as follow:—
  • Part I.—Licenses and Registrations and Fees payable thereon.
  • Part II.—Conditions of obtaining Licenses.
  • Part III.—Licensing Districts—Licensing Magistrates and Regulations.page 2
  • Part IV.—Applications for Licenses—Hearing of and Objections to Applications.
  • Part V.—Re-hearing of Applications—Renewals Transfers and Removals of Licenses—Lost Licenses.
  • Par VI.—Duties and Liabilities of Licensed Persons and others.
  • Part VII.—Legal Procedure and Application of Fees Fines Penalties &c.

Repeal of certain Acts and saving clause. First Schedule.

2. The Acts mentioned in the First Schedule shall be and the same are hereby repealed except as to anything duly done any right acquired or liability accrued any penalty forfeiture or other punishment incurred or to be incurred in respect of any offence committed before this Act comes into operation, or as to the institution of any legal proceeding or any other remedy for ascertaining enforcing or recovering any such liability penalty forfeiture or punishment as aforesaid.

All licenses held at the commencement of this Act and all licensed persons and licensed premises holding or in respect of which a license shall be held at the commencement of this Act shall except where otherwise specially provided be under and subject to the provisions of this Act

Interpretation.

3. The following expressions unless where the contrary appears from the context are used in this Act with the meanings hereinafter respectively assigned to them, that is to say:—

"Brewer" shall mean any maker of fermented malt liquor or any fermented liquor made from sugar or other saccharine matter and termed beer ale or porter, or any maker of wine for sale; and shall include every vendor (other than a vendor selling under the authority of some license granted under this Act) of fermented liquors or wine made in Victoria in quantities not less than two gallons.

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"Liquor" shall mean any wine spirits ale cider perry or other spirituous or fermented liquor of an intoxicating nature.

"Spirit merchant" shall mean any vendor of duty-paid spirituous liquors wine or fermented malt liquors in quantities not less than two gallons, or any person who exposes the same for sale in any shop warehouse or other premises, except an auctioneer or a broker selling on account of a licensed wine and spirit merchant or brewer or a licensed publican.

"Licensed person" shall mean a person holding; any license under this Act.

"Licensed publican" shall mean a person holding a publican's license under this Act.

"Licensed premises" shall mean premises in respect of which a license under this Act has been granted and is in force.

"Owner" of licensed premises shall mean the person for the time being entitled to receive either on his own account or as mortgagee or other encumbrancer in possession the rent of such premises, or if he shall be absent from the colony of Victoria shall mean the attorney or agent of such person capable of giving a valid receipt for such rent.

"New publican's license" shall mean a publican's license granted at a licensing meeting in respect of premises in respect of which a similar license has not theretofore been granted.

"Licensing stipendiary magistrate" shall mean a police or stipendiary magistrate for the time being appointed to act at the court or courts of petty sessions held within a licensing district and acting within his jurisdiction.

"Municipal district" "subdivision" and "borough" respectively shall mean a muni- page 4 cipal district subdivision and borough as the case may be within the definition in and meaning of "The Local Government Act 1874."

"The Minister" shall mean the Minister of the Crown administering this Act.

Act not to apply in certain eases.

4. Nothing in this Act shall apply to any person selling any spirituous or distilled perfume bonâ fide as perfumery; nor to any person who may sell wine cider or perry in quantities not less than two gallons at any one time the produce of grapes apples or pears respectively of his own growth and not to be consumed on the premises; nor to any apothecary chemist or druggist who may administer or sell any spirituous or fermented liquors for medicinal purposes; nor to any person who may sell wine or beer made from grapes or grain of his own growth or beer brewed by him for the use of his own establishment; nor to any importer or proprietor of any liquor who shall sell such liquor before the same is landed from the ship in which it shall be imported and before the time of entry or after it has been duly entered to be warehoused or is in any warehouse established according to law; nor to any person selling liquor in any refreshment room at the Houses of Parliament by the permission and under the control of the Houses of Parliament; nor to any military canteen established by law; nor to any person occupying any premises bonâ fide as a club.