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The Pamphlet Collection of Sir Robert Stout: Volume 36

Part II.—Conditions of Obtaining Licenses

Part II.—Conditions of Obtaining Licenses.

No new license to be granted for three years.

18. No new publican's license, except for premises containing not less than thirty rooms, shall be granted until the licensing day in December One Thousand eight hundred and seventy-nine.

Thereafter the granting of new publicans' licenses to be subject to determination of ratepayers citizens or burgesses.

Thereafter no new publican's license except as aforesaid shall be granted in respect of premises situated in any municipal district or subdivision or in respect of premises situated in any ward of the city of Melbourne or town of Geelong unless and until the ratepayers of such municipal district or subdivision or the citizens or burgesses of such ward respectively shall have previously determined in manner hereinafter provided that the number of publican's licenses for premises page 9 situated therein respectively may be increased by a given number. Nothing in this section shall affect

This section not to affect, premises previously licensed.

premises in respect of which a publican's license is held and is in force on the day prior to the commencement of this Act, or where within twelve months before the commencement of this Act the premises have been destroyed or rendered useless by fire during the currency of a license, provided that such premises be re-erected within one year after the commencement of this Act, and an application for a license therefor he made in time for the licensing meeting to be held in December One Thousand eight hundred and seventy-seven.
19. For the purposes of this Act a determination

How determination to be taken.

of the ratepayers citizens or burgesses respectively shall be taken on the day appointed for every third annual election of councillors for each municipal district subdivision or ward respectively; and shall in each case be taken for the first time on the day appointed for the annual election which shall take place in the year One thousand eight hundred and seventy nine.
20. Every such determination shall be arrived at

Every determination to continue in force until subsequent determination.

by an election by ballot between the propositions following, that is to say:—
(1.)The proposition that the number of publicans' licenses is not to be increased; and
(2.)A proposition affirming that the number of publicans' licenses may be increased by a given number.

Every such determination shall continue in force until another determination shall subsequently have been made, and during the continuance of a determination that the number of publicans' licenses may be increased by a given number no greater number of new publicans' licenses except as aforesaid than the number determined on shall be issued.

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Detemunition not to be imperative on magistrates.

21. No determination affirming that the number of publicans' licenses may be increased by a given number shall render it imperative upon the licensing magistrates to grant any new publicans' licenses; any such determination shall during its continuance annul to the extent determined on the absolute prohibition hereinbefore contained, but shall have no further effect

Provision in case of no election.

22. If from any cause no voting for councillors shall take place at any election at which a determination under this Act ought to be taken, then such determination shall be taken at the next following annual election for councillors for the municipal district subdivision or ward in which no voting took place, and in every such case the election at which the next following determination shall be taken shall be calculated from the taking of the last determination.

Provision in case of creation of new or alteration of existing municipalities.

If after such annual election that shall take place in the year One thousand eight hundred and seventy-nine any new additional or other municipality or subdivision shall be created either by the constitution of a new municipality or by the alteration by union severance annexation or otherwise of any previously existing subdivision or municipal district, the aforesaid determination shall be taken for the first time in every such new or additional or other municipality subdivision or municipal district at the first annual election of councillors for such municipality subdivision or municipal district respectively next after that in the year One thousand eight hundred and seventy-nine. And if after the annual election that shall take place in the year One thousand eight hundred and seventy-nine any additional ward shall be appointed within the city of Melbourne or town of Geelong the aforesaid determination shall be taken for the first time in every such additional ward at the first annual election of councillors for such ward that shall take place next after the annual election in the year One thousand eight hundred and seventy-nine.

Voting.

23. At every election held under "The Local Government Act 1874" at which any such determina- page 11 tion is to be taken the returning officer or his deputy or person appointed by writing under the hand of the returning officer or his deputy presiding at each polling-booth for taking the poll shall (in addition to the ballot-paper or ballot-papers required by the one hundred and twenty-ninth section of the said Act to be delivered to a voter at such election in case of a poll being taken) notwithstanding that no such poll tor the election of councillors shall be taken deliver to every voter entitled to vote at such election of councillors who shall demand the same a ballot-paper, or if such voter appears by the roll to be entitled to give more votes than one then so many ballot-papers as may be equal to the number of votes which such voter appears to be entitled to give. Such ballot-papers shall be in the form in the Third Schedule and shall

Third Schedule.

be initialled by the returning officer, and every such voter shall without leaving the box strike out from all or any of such papers the proposition for which he does not desire to vote, and if he votes in favor of the second of the propositions he must mark on all or any of such papers the number indicating the increase for which he desires to vote.
24. The provisions of Part V. of "The Local

Part V. of "The Local Government Act 1874" to apply.

Government Act 1874" as to the time of holding elections who may elect who shall hold elections polling-places and polling and as to the validation of proceedings shall apply to the ascertaining of the aforesaid determination of the ratepayers under this Act as if all such provisions were here repeated with such alterations only as would be requisite in consequence of the difference of the subject of voting.
25. At every election in the city of Melbourne

Voting in Melbourne and Geelong.

and the town of Geelong respectively at which any such determination is to be taken the alderman of the ward for which the poll is taken or poll clerk shall (in addition to the ballot-paper required by the sixth section of the Act No. CLXX VIII. to be received by each citizen or burgess entitled to vote at such election in case of such poll being taken) even if no such poll for page 12 the election of councillors shall be taken deliver to every citizen and burgess entitled to vote at such election who shall demand the same a ballot-paper, or if such voter is entitled to give more votes than one then so many ballot-papers as may be equal to the number of votes which such voter may be entitled to five. Such ballot-papers shall be in the form in the

Third Schedule.

Third Schedule and shall be signed upon the back by the alderman with his name, and such voter shall in one of the compartments of the ballot-boxes* provided for the purpose strike out from the said ballot-papers the proposition for which he does not intend to vote, and if he votes in favor of the second of the propositions he must mark on the said ballot-papers the number indicating the increase for which he intends to vote.

Provisions of certain Acts to apply.

26. The provisions now in force of all Acts relating respectively to the city of Melbourne and town of Geelong as to the qualification of citizens burgesses or voters and as to polling at elections shall apply to the ascertaining of the aforesaid determination of the ratepayers of the city of Melbourne and town of Geelong under this Act as if all such provisions were here repeated with such alterations only as would be requisite in consequence of the difference of the subject of voting.

Ascertaining result of poll.

27. The result of every poll taken under this Act shall be ascertained as follows (that is to say):—
  • If the majority of votes shall have been given in favor of the proposition that the number of publicans' licenses is not to be increased, then that shall be the determination; but
  • If the majority of votes shall have been given in favor of a proposition affirming that the number of publicans' licenses may be increased, then the determination shall be that the number of publicans' licenses may be increased by a specific number which shall have been voted for by the majority of the votes recorded in page break favor of such proposition, and such specific number shall be that number for which the votes whether counted separately or in conjunction with those given for a higher number shall be more than a half of the total number of votes recorded.
28. As soon as conveniently may be after the

Result of poll to be declared.

taking of each poll under this Act the returning officer alderman or other person before whom the election is held shall declare the determination and number of votes given for each proposition and shall forthwith forward to the Minister the result of the voting for publication in the Government Gazette, and such result when so published shall be conclusive evidence of the decision made and shall be taken notice of by all licensing magistrates and others.
29. No person shall at any one time hold or have,

Only one license to be held by an individual.

any beneficial interest in more than one license either! by himself servant or agent, and any interference by any licensed person with the business of any licensed premises other than the premises for which he is licensed shall be deemed primâ facie evidence of a beneficial interest within the meaning of this section. Any person offending against the provisions of this section shall be liable to a penalty of Five pounds for every day during which he shall hold or have any beneficial interest in more than one license. Nothing in this section shall prevent any licensed or other person from holding any one or more temporary special temporary grocers or billiard table licenses or licenses for railway refreshment rooms.
30. No publican's license shall be granted in

Accommodation required in certain houses.

respect of any house in the city of Melbourne or town of Geelong or in any borough unless such house shall: have a front or principal entrance separate from and in addition to the entrance to the bar or place where liquors not to be drunk on the premises are sold and shall contain for public accommodation not less than six rooms besides the rooms occupied by the family of page 14 the applicant; nor unless every room so required for public accommodation contain at least one thousand two hundred cubic feet and be not less than nine feet in height and so constructed as freely to admit light and air; nor unless such house shall be substantially constructed of durable materials and the rooms be furnished and divided by partitions of stone brick or plaster, and such house be provided with a place of convenience on the premises for the use of the public, and also where necessary in the opinion of the licensing magistrates with stabling sufficient for the accommodation of not less than three horses.

Except at railway stations, &c.

31. Nothing in the next preceding section shall affect any license granted prior to the commencement of this Act or any renewal or transfer thereof if the accommodation afforded by the licensed premises be maintained at the standard heretofore required, and nothing in the same section shall apply to any house or room at or on the station of any railway or to any house or booth situated on a cricket ground, or to any other place set apart for any lawful game or pastime, or to any house situated on a special area or place not included in a licensing district if such house in the opinion of the licensing magistrates affords reasonable accommodation.