Part IV.—Applications for Licenses—Hearing of and Objections to Applications.
. The licensing; magistrates for each licensing
Licensing meetings to be appointed.
district respectively shall in the month of December in every year hold a licensing meeting at each of the courts of petty sessions in their respective districts, of which meeting one month's previous notice under the hand of the said magistrates shall be given in the Government Gazette. And such licensing meetings shall be held yearly and not oftener.
. Every application for a license or the renewal
or removal of a license and all objections to every such application shall (except as hereinafter provided) be heard and determined at a licensing meeting by the licensing magistrates for the district wherein the premises in respect of which the license is sought or to which it relates as the case may be are situated.
Every such hearing shall be deemed to be a judicial proceeding and shall be open to the public, and every applicant for a license shall attend personally at such hearing unless hindered by sickness or infirmity; and the licensing magistrates may summon and examine on oath such witnesses as they may think necessary and as near as may be in the manner directed by any Act now or hereinafter to be in force relating to the duties of justices in summary convictions and orders.
Any licensing meeting may at the discretion of the magistrates holding the same be adjourned from time to time to the same or any other court house or building within the district. If at any hearing there shall be a difference of opinion among such magistrates the majority shall decide. If any applicant for a license shall as hereinafter mentioned require an adjournment upon such terms as to costs or otherwise as the magistrates may think proper the meeting may be adjourned from time to time during the period of
one calendar month to the same or any other court house or building within the district. In the event of only two licensing magistrates of whom the police or stipendiary magistrate shall be one being present at a licensing meeting the business of such meeting may be transacted by such two magistrates, and in the event of any difference of opinion the police or stipendiary magistrate shall have the casting vote.
Mode of applying for licenses.
. Every person who shall desire to obtain a license under this Act not being a packet temporary or special temporary license shall deliver to the clerk of petty sessions holden within the licensing district and nearest to the premises to which such license is intended to apply and to the member of the police force in charge of the place wherein such premises are situate and shall unless the application be for a grocer's license affix on the outer side or front of the principal entrance door of the said premises there to be kept until the day upon which the licensing meeting shall be holden notice in writing signed by such applicant setting forth the applicant's name abode addition and such desire at least fourteen days before he shall so apply, and shall publish a copy of such notice in a newspaper circulated in the place wherein the premises are situate at least seven days before he shall so apply.
Clerk of petty sessions to exhibit notice. Fourth Schedule.
Every person who shall desire to obtain a packet license under this Act shall deliver to the clerk of petty sessions where the application is intended to be made notice in writing signed by such applicant setting forth his name abode and addition and such desire at least fourteen days before he shall so apply.
In all cases the notice of application shall be in such one of the forms in the Fourth Schedule as shall be applicable or to the like effect; and shall be delivered in triplicate to such clerk of petty sessions and the said clerk of petty sessions immediately after the receipt of such notices shall post or cause to be posted one of such notices inside and another of such
notices outside on some conspicuous part of the building; or court house in which the meeting- shall be held.
. It shall be the right and privilege of any
three or more ratepayers in any municipal district or subdivision or of any three or more citizens or burgesses of any ward in the city of Melbourne or town of Geelong in which the premises in respect of which a license is sought or to which it relates are situated, or of any other applicant for a license or of any per son already licensed in such district subdivision or ward or of any member of the police force in charge of the place in which the said premises are situated or of any resident or residents in the neighbourhood or the owner of such premises, to object either personally or by petition at any licensing meeting to the granting or renewal of a license. The objections that may be taken to the granting of an application for a license may be one or more of the following: That the applicant is of bad fame and character or of drunken habits or has within six months previously forfeited a license or that the applicant has been convicted of selling liquor without a license within a period of three years; that the premises in question have not the accommodation hereby required, or reasonable accommodation if the premises be not subject to the said statutory requirements; or that the licensing thereof is not required in the neighbourhood or that the premises are in the immediate vicinity of a place of public we ship hospital or school, or that the quiet of the place in which such premises are situate will be disturbed if a license be granted. The objections that may be taken to the renewal of a license may be one or any of the following: That the applicant is of bad fame and character or of drunken habits or that the premises in question are not maintained at the required standard, and also in any case any other objection (whether or not of the same kind as any of the preceding objections) which appears to the licensing magistrates to be sufficient: Provided that it shall not be necessary to give to the
applicant any previous notice of objections to the granting of a license; but the applicant shall if he so requires on objections being raised thereto at the hearing of which previous notice has not been given to him three days before the hearing of such application be entitled to an adjournment thereof.
Objection by corporate bodies.
. It shall be lawful for the council of any municipal district or subdivision or of the city of Melbourne or town of Geelong respectively to authorize any person to object on behalf of the ratepayers of such respective district or subdivision or of the burgesses or citizens of any ward of the city of Melbourne or town of Geelong as the case may be to the granting of any application for a license on any ground of objection mentioned in or authorized by the preceding section: The licensing magistrates shall at the licensing meeting entertain any petition or memorial from the ratepayers burgesses or citizens of any such district subdivision or ward on proof of the authenticity of the signatures thereto, and if it shall appear to such licensing magistrates that a majority of the ratepayers burgesses or citizens in the neighbourhood of the house proposed to be licensed object to the granting of such application, such licensing magistrates shall refuse to grant such application: The licensing magistrates shall in each case at their discretion determine what is to be deemed "the neighbourhood" for the purpose of this and the next preceding section.
. If the licensing magistrates shall refuse to grant any application they may order payment of a sum to meet the reasonable costs and expenses of the person who shall have objected successfully to the granting of such application to be paid to such person by the unsuccessful applicant: And if the opposition to any application shall appear vexatious or malicious the licensing magistrates may order payment of a sum to meet the reasonable costs and expenses of the successful applicant to be paid to him by the person unsuccessfully opposing the application.
. If the licensing magistrates shall grant an
Certificate to issue to licensee and duplicate certificate to be transmitted by licensing magistrates. Fifth Schedule.
application they shall issue to the applicant a certificate in such one of the forms in the Fifth Schedule as shall be applicable or to the like effect, and shall in every case in which the license fee is payable to the Treasurer of a municipality cause to be transmitted to such Treasurer and in all other cases shall cause to be transmitted to the Treasurer of the colony or to such receiver of revenue as such Treasurer shall direct a duplicate of such certificate.
. Applications for publican's licenses in respect
Publicans' licenses in outlying districts.
of premises situated in places not included in any licensing district and for the renewal of such licenses may be heard and determined by the police or stipendiary magistrate at any court of petty sessions held in the month of December in any year at the court house nearest to the premises in respect of which a license is sought.
. Applications for packet temporary billiard
Provision for granting cer tain licenses at any time.
table and special temporary licenses may be heard and determined by a licensing stipendiary magistrate at any holding of a court of petty sessions as well as by the licensing magistrates at a licensing meeting.
If any packet or billiard table license be granted
Reduced fee in certain cases.
after the first day of January in any year the fee to be paid for such license shall be reduced by an amount proportioned to the difference between the period for which such license will have to run and the full period of a year.
If any vessel in respect of which a packet license
Where certain packet licenses to be applied for.
shall be applied for shall ply to or from Melbourne or Hobson's Bay, such application shall be made to a licensing stipendiary magistrate at any holding of a court of petty sessions at either Melbourne Sandridge or Williamstown; and if any such vessel shall ply to or from Geelong, such application shall be made to a licensing stipendiary magistrate at any holding of a court of petty sessions at Geelong. In all other cases such application shall be made to the licensing stipendiary magistrate or to the licensing magistrates
at the court of petty sessions or licensing meeting; held nearest to the place or port to or from which such vessel plies.
Provision for specially granting publicans licenses on goldfields. &c
. Notwithstanding the provisions hereinbefore contained it shall be lawful for the Governor in Council from time to time to proclaim any place or district a place or district where, owing to a sudden increase of population or otherwise the necessity for the immediate grant of publican's licenses exists, to be a place or district wherein publican's licenses may be specially granted and from time to time to revoke any such proclamation.
Applications for publican's licenses in respect of premises situate in a place or district so proclaimed may be heard and determined at any time by any police or stipendiary magistrate.
The fee to he paid for a license granted under the provisions of this section shall be reduced by an amount proportioned to the difference between the period for which such license shall have to run and the full period of a year.
No license granted under the provisions of this section shall be renewed or transferred but it shall be necessary for the licensee in respect of the following year to apply for a publican's license to the licensing magistrates of the district at the annual licensing meeting in the same manner as if he were not a licensed person.
The provisions herein contained as to the hearing of applications and objections adjournments costs and (except in cases where no notice is required) as to giving of notices and as to the issuing of certificates and transmission of duplicate certificates and (except as to temporary and special temporary licenses) as to rehearings shall apply to applications under this and the two preceding sections as if such provisions were repeated with such alterations only as the different circumstances of each case respectively requires.
, Every certificate shall be void unless the sum
Certificates to be void for non-payment of license fee.
hereinbefore required to be paid for the license thereby authorized be paid to the Treasurer or receiver of revenue entitled to receive the same within fourteen days after the granting of such certificate. And such Treasurer or receiver shall forthwith after the receipt of every duplicate certificate and payment issue such license as is authorized by such duplicate.