The Pamphlet Collection of Sir Robert Stout: Volume 36
Regulations. Under the "Licensing Act, 1876"
Regulations. Under the "Licensing Act, 1876"
Repeal of existing regulations.—The regulations under the Act No. 390 heretofore made by the Governor in Council, and published in the Government Gazette on the 25th January, 1871, shall be and the same are hereby repealed.
Licensing districts defined.—Every city, town, or borough, which may on every side be bounded by other cities, towns, or boroughs (as the case may be), shall be a licensing district for the purposes of the Act No. 566.
Each and every other licensing district shall consist of an area of which the building wherein any court of petty sessions is now or may hereafter be held shall be the centre; and each such licensing district shall radiate and extend in every direction (except as hereinafter mentioned) from such centre to a point midway between such centre and any other centre being the nearest building in which any neighboring court of petty sessions is now or shall hereafter be held. Provided that wherever on any side a district outside of any city, town or borough shall abut upon, or, if extended as aforesaid, would include any portion of a boundary line of any city, town, or borough, then on every such side such boundary shall be the limit between each of such districts. Provided also that any city, town, or borough which abuts on any other city, town, or borough, and which in any other part is next to a licensing district that is outside of a city, town, or borough, shall, at the part so abutting on, be bounded by such neighboring city, town, or borough, and shall in every other part be bounded by a point midway between the respective buildings hereinbefore specified.
Places for nominating elective justices.—The respective places at which two justices of the peace shall be nominated as licensing magistrates, in accordance with the provisions of the thirty-third section of the Act No. 566, shall be the several places at which courts of petty sessions are now or may at any future time be appointed to be held. In the event of petty sessions being discontinued at any place, the rights, powers, privileges, and duties of the licensing bench at such place shall thereby be determined. In the event of any such place being re-appointed for the holding of petty sessions, such an occurrence shall in respect of that place be regarded as causing a vacancy within the meaning of sect ion thirty-three of the said Act. On the first appointment of any place for the holding of petty sessions, the licensing magistrate for the district shall be appointed by the Governor in Council under section thirty-three.page 82
Manner of election.—The election of the aforesaid two licensing magistrates at any court of petty sessions shall be conducted in such manner as may be determined upon before proceeding to the election, by such justices of the peace resident within the licensing district of such court as may be present at the usual sitting of the respective courts.
Election to be notified and gazetted.—Notification of non-election.—Immediately after every election of such two licensing magistrates, the clerk of petty sessions shall notify their names and addresses to the Minister of the Crown administering the Act No. 566, and the same shall be forthwith notified in the Government Gazette. In the event of no election taking place, the fact shall be notified to such Minister not later than the day following that on which the election should have taken place.
Mode of voting at licensing meetings.—The votes of the licensing magistrates shall be taken in such manner as the respective licensing benches may determine on any licensing day. Such determination shall be arrived at by each licensing bench prior to entering upon the consideration or hearing of any matter or thing to be brought before the said bench.
Resignation of licensing magistrates when not duly qualified.—In the event of any licensing magistrate coming within any of the disabilities specified in section thirty-three of the Act No. 566, he shall forthwith resign the office of licensing magistrate.
Transmission of notices of application.—Whenever any clerk of petty sessions shall, under the provisions of section thirty-seven of the Act No. 566, receive a notice of application relating to premises that are situated within a licensing district other than that pertaining to the court of petty sessions for which such clerk is appointed, he shall forthwith transmit the aforesaid application to the clerk of petty sessions for the court within the licensing district of which the said premises are situated, and such last-mentioned clerk shall post the notice in the manner prescribed by the said thirty-seventh section. The said first-mentioned clerk shall at the same time inform the applicant that his notice has been transmitted as herein provided.
Notice of application for proclamation of special areas.—With a view to the effectual carrying out of the provisions of section fourteen of the Act No. 566, a notice shall be given in the Government Gazette of all applications made under that section, and specifying a date up to which the Minister hereinbefore mentioned will receive representations in regard to any such applications. No determination will be arrived at in respect of any such applications until after the date specified in such notice.
John Madden, Minister of Justice. Crown Law Offices, Melbourne, 5th February, 1877.