Part VI.—Duties and Liabilities of Licensed Persons and others.
Name of licensed person to be affixed on premises.
. Every licensed person shall cause to be painted or fixed and shall keep painted or fixed on the front of the premises in respect of which his license is granted in a conspicuous place and in letters three inches at least in length his name with the addition after the name of the we rd "licensed" and of words sufficient to express the business for which his license has been granted, and no person shall have any words or letters on his premises importing that lie is licensed in any way other than that in which he is in fact duly licensed. Every licensed person who acts in contravention of or who fails to comply with the provisions of this section shall be liable to a penalty not exceeding for the first offence Five pounds and not exceeding for the second and any subsequent offence Ten pounds.
. Any person who shall (except as the agent or
Penalties on sales by unlicensed person.
servant of a licensed person and then only in accordance with such person's license) sell any liquor without a license authorizing such sale, shall forfeit and pay for a first offence any sum not less than Twenty-five pounds nor more than Fifty pounds or shall be liable to imprisonment for any term not less than one month nor exceeding three months, and for a second and any subsequent offence shall be liable to imprisonment with or without hard labor for any term not less than three months nor exceeding six months and to be declared to be a disqualified person for a period of one year, and shall also in the case of a first as well as any subsequent offence forfeit all liquor in his possession with the vessels containing the same.
. If any licensed person shall suffer or permit
Prohibition of games &c. under certain penalties.
any person to play any unlawful game or sport in or upon his licensed premises or the appurtenances thereto or shall suffer or permit prostitutes thieves drunken or disorderly persons to be in or upon his licensed premises, or the appurtenances thereto he shall forfeit and pay for every such offence any sum not exceeding Twenty pounds: And the playing of such game or sport or the presence of reputed prostitutes longer than is necessary for the purpose of obtaining reasonable refreshment or of reputed thieves or of drunken or disorderly persons in or upon such licensed premises or the appurtenances thereto shall respectively be deemed primâ facie
evidence that such licensed person knowingly permitted such playing or permitted such reputed and other persons to be present with the knowledge that they were prostitutes thieves drunken or disorderly persons.
. Every licensed publican whose license is granted
Lamp over door of licensed house except in munici-palities &c.
in respect of premises to be provided with stabling shall at all times keep upon his licensed premises a sufficient supply of hay corn or other provender for the use of travellers, and every licensed publican holding a license in respect of premises not within the city of
Melbourne or town of Geelong or any borough lighted at the expense of the ratepayers shall keep a lamp affixed over the door of his licensed premises or within twenty feet thereof lighted during the whole of every night from sunset to sunrise during the time of his holding such license. Every person who acts in contravention of or who fails to comply with any provision of this section shall forfeit and pay for each such offence a penalty not exceeding Forty shillings.
Penalty for supplying liquor to intoxicated persons.
. No licensed person shall either in his licensed premises or on any of the appurtenances thereto supply any liquor to any person in a state of intoxication under a penalty for the first offence of any sum not less than Two nor more than Five pounds, and for the second offence of not less than Five nor more than Twenty pounds, and for a third or any subsequent offence of Twenty-five pounds, and any person offending against this section shall also in case of the third as well as any subsequent offence be liable to be declared a disqualified person for a period not exceeding one year.
Supply of liquors to drunkards prohibited.
. When it shall be made to appear in open court that any person shall by excessive drinking of liquor misspend waste or lessen his or her estate or greatly injure his or her health or endanger or interrupt the peace and happiness of his or her family, the justices of the city of Melbourne or town of Geelong or any municipal district in which such drunkard shall reside in petty sessions assembled shall in writing under the hands of any two such justices forbid any licensed person to sell to him or her any liquor for the space of one year, and such justices or any other two justices of the petty sessions of such district may at the same or any other time in like manner forbid the selling of any such liquor to the said drunkard by any such licensed persons of any other city town or district to which the drunkard shall or may be likely to resort for the same.
. The said justices or any two of them shall in like manner from year to year renew any such pro-
hibition as aforesaid as to all such persons as have not in their opinion reformed within the year, and if any licensed person shall during any such prohibition after service of a copy thereof upon him or her or with a knowledge thereof in any other manner acquired sell to any such prohibited person any liquor he or she shall forfeit upon conviction for every such offence a sum not exceeding Ten pounds.
. Whenever justices shall in execution of the
Procuring liquor for prohibited persons.
foregoing provisions have prohibited the sale of liquor to any such drunkard, if any other person shall with a knowledge of such prohibition give sell purchase or procure for or on behalf of such prohibited person or for his or her use any such liquor he or she shall forfeit upon conviction for every such offence a sum not exceeding Five pounds.
. If any person shall sell or dispose of liquor to
Penalty for supplying liquor to aborigines and unauthorized sales by licensed persons.
any aboriginal native at any time or to any person whatsoever otherwise than during the hours and at the place and in the quantity and manner authorized by the license held by him be shall for every such offence forfeit and pay over and above any penalty for the sale or disposal of such liquor without a license a penalty not exceeding Ten pounds.
. No licensed person shall recover any debt or
No debts for liquor recoverable.
demand on account of any liquor supplied by him to any person for consumption on the premises; but such person may sue for and recover the value of any liquor supplied with meals to any person bond fide lodging in the house.
. If any licensed person shall receive in payment
Liquor only to be sold for money.
or as a pledge for any liquor or entertainment supplied in or from his licensed premises anything except current money or cheques on bankers or orders for payment of money, he shall for each such offence pay a penalty not exceeding Ten pounds.
Penalty for supplying liquor to persons under the age of twelve years.
. Any licensed person who allows in his licensed house or premises any person apparently under the age of twelve years of either sex to be supplied with liquor by purchase or otherwise for consumption on the premises, shall as well as the person who actually gives or supplies the liquor be liable to pay a penalty not exceeding Ten pounds.
Penalty for permitting room to be used as a dancing saloon, &c.
. If any licensed person shall permit any room or portion of his licensed premises or the appurtenances thereof or any building or place adjacent thereto to be used or occupied as a dancing concert or theatrical saloon, or as a place of common resort to which persons shall be admitted by ticket or otherwise, he shall be liable to forfeit his license: Provided that nothing herein contained shall extend to prevent private societies or assemblies of persons from hiring and using such room or place on or for any particular occasion and keeping the exclusive control over admission to such room or place independent of and unconnected with the proprietor or keeper of such house; and on every such particular occasion of the hiring of such room or place special leave shall be applied for in writing by one or more of the persons desiring such leave, and such leave shall be obtained in writing from and under the hand of a licensing magistrate of the district, and the occasion on which and the name or names of one or more of the persons by or on behalf of whom such room or place is required shall be stated on the face of such written application and leave respectively: Provided that such licensing magistrate shall forward to the office of the Chief Secretary from time to time and at intervals not exceeding six months a list of all such applications together with the names of the applicants, to be recorded in the office of such Chief Secretary: Provided also that such licensing magistrate may if he think fit altogether refuse to grant such application.
Liquors not to he sold on certain days.
. Any licensed person who shall sell or retail any liquor or permit or suffer the same to be drunk in his house or premises on Sunday, except to lodgers in
such house or to bonâ fide
travellers, or shall suffer any one to play at billiards or bagatelle or any other game in his premises on such day, shall be liable to a penalty not exceeding Ten pounds.
. No person shall be a bonâ fide
Who are bonâ fide travellers
the meaning of the next preceding section unless he shall reside at least ten miles from the licensed premises where he shall be supplied with liquor and shall have travelled at least that distance on the day when he shall be so supplied, and on the hearing of any complaint against any licensed person for a breach of the next preceding section the burden of proof that the person supplied with liquor was a bonâ fide
traveller shall rest with such licensed person. Every
Penalty for false representation.
person who by falsely representing himself to be a traveller or a lodger buys or obtains or attempts to buy or obtain at any premises liquor on Sunday shall be liable to a penalty not exceeding Five pounds. Any licensed person who shall permit such liquor to be consumed by any lodger or bonâ fide
traveller in the publicbar of his house on Sunday or shall open such
Bar of public house not to be open on Sunday.
publicbar for the admission of the public on Sunday shall be liable to a penalty not less than One pound nor more than Ten pounds.
. If any master or other person employing
Penalty for paying wages in licensed houses.
journeymen we rkmen servants or laborers shall pay or cause any payment to be made to any such journeymen we rkmen or laborers in or at any licensed premises or in any house in which liquor shall be sold, he shall for every such offence forfeit and pay any sum not exceeding Ten pounds: Provided always that
nothing herein contained shall extend to any licensed person paying his own journeymen workmen servants or laborers employed solely in his business as licensed person in his licensed house.
. Every house for which a publican's license shall be granted shall
Protection to property of guests.
be considered as a common inn; and no goods or chattels whatsoever bonâ fide
the property of any lodger or stranger, and being in such licensed
house or the appurtenances thereof or any place used or occupied therewith in the ordinary course of resort at such licensed house, shall be subject to be distrained or seized for or in respect of any claim of rent for such licensed house or appurtenances, or in respect of any other claim whatsoever against the said house or appurtenances or the owner thereof; and if any such goods or chattels shall be distrained or seized for rent or in any other manner contrary to the provisions of this Act, it shall be lawful for any two justices to inquire into any complaint made 'in respect of such distress or seizure in a summary manner, and to order such goods or chattels to be restored to the owner or proprietor thereof, and further to order payment of such reasonable costs as shall be incurred by such summary proceedings.
Licensed publican not to be responsible for safe custody of certain goods and chattels.
. No licensed publican shall be responsible for the safe custody of any goods or chattels the property of any lodger or guest above the value of Ten pounds unless such goods and chattels shall have been given into the care or charge of such licensed publican his servant or agent.
Forfeiture of license if licensee convicted of felony &c.
. If any licensed person shall be convicted of felony perjury or of any other infamous offence he shall forfeit his license.
Forfeiture of license in certain cases.
. If any licensed publican shall permit any person to manage superintend or conduct the business of his licensed premises during his absence for a longer period than twenty-eight days in anyone year without the previous consent in writing of two justices, or shall whether present in such premises or not permit any unlicensed person to be in effect the keeper thereof, or shall fail to maintain such premises and the accommodation thereof at the standard hereby required, or if the license in respect of such premises was granted prior to the commencement of this Act at the standard heretofore required or shall allow such premises to become ruinous or dilapidated, he shall he liable to
forfeit his license. But if such premises shall have become ruinous or dilapidated by reason of fire tempest or other cause beyond the control of the licensee, the license shall not be forfeited until a reasonable time has elapsed for the reinstatement of such premises.
. Every licensed publican shall at the request of
Inquests to be held in public houses
any officer or constable of police receive into the house mentioned in such license or upon the premises occupied therewith (not being a house or premises situated within a distance of two miles from any morgue or police station) anything in the eleventh section of "The Coroners Statutes
1865" to the contrary notwithstanding any dead body that may be brought to such house for the purpose of an inquest being held thereon: and for every dead body so received he shall be paid the sum of One pound out of any money which may be appropriated for such purpose. And if he shall refuse to receive such dead body for the purpose aforesaid he shall be liable to a penalty of any sum not exceeding Five pounds.
. No licensed person shall permit any body union
Prohibition of unlawful assemblies in licensed houses.
society or assembly of persons declared to be illegal, or any body union society or assembly who shall require from persons on or before admission thereto any illegal oath test declaration or affirmation, or who shall observe on the admission of members or at any other proceeding any religious or pretended religious or other rite or ceremony not sanctioned by law, or who shall wear carry about or display on assembling any arms flags colors symbols declarations or emblems whatsoever to meet or assemble on any occasion or pretence whatsoever in the house premises or other place of sale of the person so licensed; nor shall the licensed person display or suffer to be displayed on from or out of any part of such premises any sign flag or symbol declaration or emblem whatsoever of any such body or society as aforesaid. And if any such licensed person shall offend against any of the provisions in this section contained, he shall forfeit and pay for every such offence any sum- not exceeding Five pounds. Pro-
vided that nothing- herein shall apply to the societies or bodies of men called Freemasons Foresters Free Gardeners Ancient Druids Odd Fellows or to any benefit or friendly society.
Justices or peace officers may enter licensed houses in certain cases.
. Any justice or any superintendant of police or other peace officer expressly authorized thereto in writing by any justice may enter into any licensed house premises or place in which they or either of them shall from information on oath or otherwise have or has reason to believe or suspect that any such body union society or assembly is met or held or on or from which any such sign flag symbol color or emblem shall be displayed, and may remove from such premises any persons who shall be found therein as members of or belonging to any such body union society or assembly, and may remove take away and destroy if he think fit any or all of the things hereinbefore enumerated, whether worn by such persons or on the premises with them or displayed on or from any part of such premises. And if any such persons shall not when thereto required by such justice or peace officer as aforesaid remove from such house or premises, or if any person forcibly resist such justice or peace officer it shall be lawful for any peace officer to arrest and take into custody any person so offending and him to carry and convey or cause to be carried and conveyed before any justice of the peace to be dealt with according to law. And any person so refusing to quit such premises, or so resisting such justice or peace officer, or refusing to give his name and place of abode when demanded, or not truly answering to such demand, shall for any such offence forfeit any sum not exceeding Two pounds; and if he shall not pay such sum forthwith, he shall be imprisoned in a common gaol for any term not exceeding one month.
Justices may order houses to be closed in cases of riot &c.
. Any two justices may if any riot or tumult happen or be expected to occur direct any licensed person within the respective jurisdictions of such justices where such riot or tumult shall happen or be expected to occur to close his house at and for any time
for which the said justices shall give any order and direction. And any such person who shall keep his house open contrary to such order and direction shall forfeit and pay any sum not exceeding Ten pounds.
. Any justice or superintendent inspector
Entrance by day or night may be demanded by justices or peace officers in certain cases.
or sub-inspector of police may demand entrance from time to time into any licensed premises, or any constable authorized in writing by any superintendent inspector or sub-inspector of police or by any justice in any particular instance may demand entrance into any licensed premises or the appurtenances thereof at any time by day or night; and if admittance be delayed for such time as that it may be reasonably interred that wilful delay was intended the offender shall forfeit and pay any sum not exceeding Ten pounds; and if such admittance be refused or wilfully delayed such justice or peace officer may break into such licensed premises.
. Every licensed person shall on demand at his
Licensee to produce license when lawfully demanded.
licensed house or premises produce his license to any justice; or in default thereof shall unless such license be at the time lodged with some clerk of petty sessions as hereinbefore provided be liable to a penalty not exceeding Ten pounds.
. If any purchaser of any liquor from a person
Penalty if liquor drunk on premises contrary to license.
who is not licensed to sell the same to be drunk on the premises drinks such liquor on the premises where the same is sold or on any highway adjoining or near such premises, the seller of such liquor shall if it shall appear that such drinking was with his privity or consent be liable for the first offence to a penalty not exceeding Five pounds, and for the second and every subsequent offence to a penalty not exceeding Ten pounds. For the purposes of this section the expression "premises where the same is sold" shall include any premises adjoining or near the premises where the liquor is sold if belonging to the seller of the liquor or under his control or used by his permission.
Power to exclude drunkards from licensed premises.
. Any licensed person may refuse to admit to and may turn out of the premises in respect of which his license is granted any person who is drunken violent quarrelsome or disorderly, and any person whose presence on his premises would subject him to a penalty under this Act. Any such person who upon being requested in pursuance of this section by such licensed person or his agent or servant or any constable to quit such premises refuses or fails so to do shall be liable to a penalty not exceeding Five pounds, and all constables are required on the demand of such licensed person agent or servant to expel or assist in expelling every such person from such premises and may use such force as may be required for such purpose.
Penalty on persons found drunk.
. Every person found drunk in any highway or other public place whether a building or not or on any licensed premises shall be liable to a penalty not exceeding Ten shillings, and on a second conviction within a period of twelve months shall be liable to a penalty not exceeding Twenty shillings, and on a third or subsequent conviction within such period of twelve months be liable to a penalty not exceeding Forty shillings. Every person who in any highway or other public place whether a building or not is guilty while drunk of riotous or disorderly behaviour or who is drunk while in charge on any highway or other public place of any carriage horse cattle or steam engine or who is drunk when in possession of any loaded firearms, may be apprehended and shall be liable to a penalty not exceeding Forty shillings or to imprisonment with or without hard labor for any term not exceeding one month.
Penalty on adulteration of liquor.
. Every person who knowingly sells or keeps or exposes tor sale any liquor mixed with any deleterious ingredient that is to say any coculus indicus chloride of sodium otherwise common salt copperas opium Indian hemp strychnine tobacco darnel seed extract of logwood salts of zinc or lead alum or any extract or compound of any of such ingredients or any other ingredient deleterious to health (in this Act referred
to as adulterated liquor) shall be liable for the first offence to a penalty of not less than Ten nor more than Fifty pounds, and for the second or any subsequent offence to a penalty not exceeding One hundred pounds or to imprisonment for a term not exceeding three months, and to be declared to be a disqualified person for a period of not more than three years, and shall also in the case of the first as well as any subsequent offence forfeit all adulterated liquor in his possession with the vessels containing the same. When the person so convicted is a licensed person he shall further in the case of a second or any subsequent offence be liable to forfeit his license, and the premises in respect of which such license is granted shall be liable to be declared to be disqualified premises for a period of not less than one year nor exceeding three years.
Nothing in this section shall in any way derogate from or annul any of the provisions of "The Distillation Act 1862."
. Where a licensed person is convicted of any
Penalty for not keeping placard posted.
offence under the preceding section and his license is not forfeited for such offence, the officer having the command of the police in the place or district shall cause a placard stating such conviction to be affixed to the premises: Such placard shall be of such size and form and shall be printed with such letters and shall contain such particulars and shall be affixed to such part of the licensed premises as the said police authority may think fit, and such licensed person shall keep the same affixed during two weeks after the same is first affixed; and if he fails to comply with the provisions of this section with respect to keeping affixed such placard or defaces or allows such placard to be defaced or if the same is defaced and he fails forthwith to renew the same, he shall be liable to a penalty not exceeding Forty shillings for every day on which the same is not so undefaced, and any constable may affix or re-affix such placard during the said two weeks or such further time as may be directed by a court of summary jurisdiction.
Possession of adulterated liquor or deletorious ingredients.
. Every licensed person or person licensed or registered under the provisions of "The Distillation Act
1862" who has in his possession or in any part of his premises any adulterated liquor knowing it to be adulterated or any of the deleterious ingredients specified in the eighty-second section of this Act for the possession of which he is unable to account to the satisfaction of the justices or magistrates having cognizance of the case shall be deemed knowingly to have exposed for sale adulterated liquor on such premises.
Vessels containing Colonial spirits to bear label.
. Every person who shall sell spirits shall cause the bottle keg cask or other vessel containing the same to bear upon it a clear and legible statement showing what its contents are and if bottled in the colony by whom bottled and every person selling spirits distilled in the colony mixed with foreign spirits shall cause the bottle keg cask or other vessel containing such spirits to bear a statement that its contents are "a mixture of foreign and colonial spirits" or if otherwise mixed specifying the ingredients; and every person offending against the provisions of this section shall be liable to a penalty of not less than Ten pounds nor more than Fifty pounds for each offence, and shall also forfeit all such spirits as shall not be described in the manner aforesaid together with the bottle keg cask or other vessel containing the same.
Grocer's penalty for falsely describing liquor.
. If any holder of a grocer's license supply or cause to be supplied any liquor and charge for it under a fictitious heading or description he shall forfeit and pay for a first offence any sum not less than Ten pounds nor more than Twenty pounds, and for a second and any subsequent offence not less than Twenty pounds nor more than Fifty pounds.
Seizure of liquors exposed to sale by unlicensed persons.
. Any justice inspector of licensed premises and liquor inspector of police or other peace officer may seize and take or cause to be seized and taken away all such liquor as he or they shall have reasonable cause to suspect to be carried about for or exposed to sale in any highway or footpath or in any booth tent
store or shed or in any boat or vessel or in any place whatsoever by any person not licensed to sell the same, and all the vessels and utensils used for containing drinking or measuring the same, and any cart dray or other carriage and any horse or other animal used in drawing or carrying the same and any boat or other vessel used in the conveyance thereof. And such justice or justices on his or their own view or on proof of such offence by oath may convict any person so offending, and on conviction such person shall pay any sum not exceeding Fifty pounds and be imprisoned for any period not exceeding four months; and such liquor vessels and utensils containing the same and any cart dray or other carriage horse or other animal and any boat or vessel used in conveying the same shall be forfeited, and such justice or justices may award such costs to be paid by the defendant as they or he may think fit: Provided that in all cases where liquor shall be carried or be in course of being carried or be on the way from one place to another, the burthen of proving that such liquor was not so carried or being carried or exposed for sale shall be on the party so carrying the same.
. The fact of any person not being a licensed
What hold as primâ facie evidence of unlicensed premises.
person keeping up any sign writing painting or other mark in on or near to his house or premises, or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce a reasonable belief that such house or premises is or are licensed for the sale of any liquor or that liquor is sold or served therein, or of there being on such premises more liquor than is reasonably required for the use of the persons residing therein, shall be deemed primâ facie
evidence of the unlawful sale of liquor by such person.
. If any licensed person knowingly harbors or
Penalty for harboring constables.
knowingly suffers to remain on his premises any constable during any part of the time appointed for such constable being on duty unless for the purpose of keeping or restoring order or in execution of his duty,
or supplies any liquor or refreshment whether by way of gift or sale to any constable on duty unless by the authority of some superior officer of such constable, or bribes or attempts to bribe any constable he shall be liable to a penalty not exceeding for the first offence Five pounds and not exceeding for the second or any subsequent offence fen pounds.
Search warrants granted in certain cases.
. Upon information on oath before any justice by any person that he believes that liquor is sold by any person without a license or contrary to the provisions of this Act in any house or place, such justice shall grant his warrant to any constable to enter and search such house or other place and seize all such liquor as aforesaid as he shall then and there find and any vessel or vessels containing such liquor and detain the same until the information shall be heard; and if after such person has been summoned and whether he does or does not appear it shall appear to two or more justices after due inquiry that such liquor was in the said house or place for the purpose of being illegally sold or disposed of, then they shall adjudge such liquor and vessels to be forfeited and may order the person whose liquor is forfeited to pay such costs as they think fit. Every order of justices or a justice made Hurler this section shall be deemed to be a conviction within the meaning of the 140th section of "The Justices of the Peace Statute
Persons deemed unlicensed if not producing license.
. In all proceedings against any person for selling or allowing to be sold any liquor without a license such person shall be deemed to be unlicensed unless he shall at the hearing of the case produce his license.
"Unlawful sale of liquor provable by purchaser thereof.
. The unlawful sale of liquor may be proved by any person although he may himself have purchased the same; and such proof shall be sufficient to support a conviction for such offence, and shall be held as such sufficient proof by any court of appeal.
Delivery of liquor evidence of sale for consideration.
. The delivery of any liquor by a licensed person or by the owner or occupier of any house or place or by his or her servant or other person in any house or
place shall be deemed to be sufficient primâ facie
evidence of money or other consideration having: been given for such liquor so as to support a conviction unless satisfactory proof to the contrary be given.
. Any person who shall keep or maintain any
Penalty for keeping billiard and bagatelle tables except under the authority of a license.
billiard or bagatelle table for hire or as a means of gain or profit without a license, and any person holding a billiard table license who shall permit or allow any billiard or bagatelle table on his licensed premises to be used otherwise than during the hours authorized by and in accordance with the authority conferred by such license, shall forfeit and pay for a first offence any sum not less than Five pounds nor more than Ten pounds, and for a second and every subsequent offence a sum of not less than Ten pounds nor more than Fifty pounds.
. The Governor in Council may appoint a suffi-
Inspectors of licensed premises and liquors to be appointed.
cient number of proper persons to be called "Inspectors of Licensed Premises and Liquor" and may remove any such person and supply any vacancy thereby or otherwise occurring. Such persons shall be under the control of the Minister.
. If any inspector of licensed premises and liquor
Penalty on inspectors receiving perquisites &c.
shall take or receive any fee perquisite gratuity or reward whether pecuniary or of any other sort or description whatever directly or indirectly from any person on account of anything done or to be done by him in or in any way relating to his office or employment except such as he shall receive from the Government or under any order or permission of the Minister, every such inspector so offending" shall on proof thereof to the Minister be dismissed from his office and shall also on conviction be liable to imprisonment for a term not exceeding twelve months; and if any person shall directly or indirectly give offer or promise to give any such fee perquisite gratuity or reward, such person shall for every such offence forfeit a sum not less than Twenty pounds nor more than One hundred pounds.
. It shall be the duty of the inspectors of licensed premises and liquor to enforce and superintend the carrying out of this Act in every respect. Any such inspector may at all times during' business hours, enter on any licensed premises or premises registered under "The Distillation Act
1862;" he may also examine every room and part of such premises and take an account of all liquor therein, and may demand select and obtain any samples of liquor which may be in such house or premises, such samples to be sealed by the inspector in the presence of the licensed or other person in charge of the premises and if such licensed or other person shall so desire with the seal of such licensed or other person, and on paying or tendering payment for such samples of liquor may remove the same for the purpose of analysis or otherwise; and if any licensed or other person in charge of any premises refuses or fails to admit any inspector demanding to enter in pursuance of this section or refuses to permit any inspector to select or obtain such samples or refuses or fails to furnish him with such light or assistance as he may require or obstructs such inspector or causes or permits him to be obstructed or delayed in the discharge of his duty, such licensed or other person shall be liable to a fine not exceeding Twenty pounds. It shall also be the duty of the inspectors of licensed premises and liquors to prosecute any licensed person or person licensed or registered under "The Distillation Act
1862," guilty of any infringement of "The Trade Marks Statute
Any expenses incured in analysing any liquor of a licensed or other person in pursuance of this section shall if such licensed or other person be convicted of selling or delivering or permitting to be sold or de ivered or of offering for sale or having in his possession adulterated liquor or liquor containing any deleterious drug or noxious ingredient in contravention of this Act be deemed to be a portion of the costs of the proceedings against him and shall be paid by him accordingly. In any other event such expenses
shall be paid as part of the expenses of the officer who procured the sample.
. A conviction for any offence under this Act
Conviction after three years not receivable in evidence.
shall not after three years from the date of such conviction be receivable in evidence against any person for the purpose of subjecting him to an increased penalty or forfeiture.
. If any licensed person is convicted of any
Forfeiture of license on repeated convictions.
offence against this Act and any previous conviction for any offence against this Act is proved to have been made against him within six calendar months next preceding he shall be liable to forfeit his license.
. If any licensed person is convicted of any
Disqualification of licensed person and licensed premises on repeated convictions.
offence against the fifty-fifth sixty-fourth or eighty-second sections of this Act and two previous convictions for offences (whether of the same or different kinds) against some one or more of the same sections shall be proved to have been made against him within the three years next preceding, he shall be disqualified for a term of three years from holding any license; and
If such three convictions shall have been made against him while he was licensed in respect of the same premises the premises in respect of which his license is held shall unless the justices or justice having cognizance of the case in their or his discretion think fit otherwise to order be disqualified from receiving any license for a term of two years from the date of such third conviction.
Nothing in this or the preceding section shall prevent the infliction of any pecuniary penalty or any term of imprisonment to which such licensed person would otherwise be liable, or shall preclude the exercise of any power given by any other section of this Act of disqualifying such licensed person or premises for; longer period than the term mentioned in the said preceding sections.
Disqualification of premises.
. If the license in respect of the same premises (whether for the time being- held by the same or different persons) is forfeited on two several occasions within the period of two years the premises shall be disqualified for one year from the date of the last forfeiture. Provided that where any premises are disqualified under this section notice of such disqualification shall be served upon the owner of the premises in like manner as an order of disqualification is required to be served under this Act, and the regulations for the protection of the owner of premises in case of an order of disqualification shall so far as the same are applicable extend to the case of disqualification under this section.
Disqualification for licenses.
. No license shall be granted transferred or renewed to any person or in respect of any premises or removed to any premises declared by or in pursuance of this Act to be a disqualified person or disqualified premises during the continuance of such disqualification. Any license held by any person so disqualified or attached to premises so disqualified shall be void.
Continuance of forfeited licenses in certain cases
. Where a licensed publican is convicted of any offence and in consequence either becomes personally disqualified or has his license forfeited it shall be lawful for a licensing stipendiary magistrate or as to places not situated within a licensing district for a police or stipendiary magistrate upon the application by or on behalf of the owner of the premises in respect of which the license was granted (where the owner is not the occupier) and upon being satisfied that such owner has legal power to evict the tenant of such premises to authorise an agent to carry on the business of such premises until the end of the year for which such license was granted, and thereupon such agent shall be subject and liable to the same duties obligations and penalties as if he were a licensed publican in respect of the same premises.