The Pamphlet Collection of Sir Robert Stout: Volume 36
"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:—
Commencement, title, and arrangement of Act.
- 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.
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
"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.page 3
"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.