LIQUOR. Page PRELIMINARY NOTE Licenses.. 11 Taxation of trade in liquor. 11 Offences with respect to liquor

Transcription

1 1 LIQUOR PRELIMINARY NOTE Licenses.. 11 Taxation of trade in liquor 11 Offences with respect to liquor 12 Guests and lodgers on licensed premises 13 Prohibition poll 13 LIQUOR ACTS, 1912 to 1965 I-PRELIMINARY 1. Parts of Act 2. Short title and commencement 3. Acts repealed 4. Interpretation.. EXCEPTIONS 5. Exempted persons generally.. 22 II-LICENSING COMMISSION AND ADMINISTRATION LICENSING COMMISSION 6. (1) Licensing Commission 24 (2) Members.. 24 (3) Deputy for chairman and alternate member 24 (4) Meetings of Commission 24 (5) Secretary, etc. 24 (6) Commission to be a Commission under Commissions of Inquiry Acts.. 24 (7) Right of party to appear by counsel 25 (8)-.(10) A. Oath of office 25 6B. Declarations of secrecy 26 FUNCTIONS, AUTHORITIES, DUTIES, AND POWERS OF LICENSfNG COMMISSION 7. Functions, etc., of Licensing Commission.. 26 S. (1) Jurisdiction of Commission exclusive.. 27 (2) Power of the Governor in Council to rescind determinations and orders of the Commission 27 (3) Re-hearing 28 (4) Admission to licensed premises by Commission or authorised person 28 SA. Appeals from certain determinations of the Commission 28 JURISDICTION OF COURT 9. Jurisdiction of court " 29 RECORDS AN]) REGISTERS 10. Record of charges, etc Register of licenses Extracts from registers Register, etc., to be open for inspection 32 OFFICERS AND 1 HEIR DUTIES 14. Inspectors 32 14A. Powers of inspectors 33 14B. Entry and inspection to be allowed 33 14c. Obstructing an inspector, etc

2 2 LIQUOR Vol. 10 Liquor Acts, 1912 to 1965-continued ill-licenses 15. Licenses in the case of corporations and firms Licenses 36 16A. When Commission may issue fresh document comprising a license or permit Maximum number of licenses 38 Saving as to removals 38 FEES 18. (1), (2) Annual fees.. 38 (3) [Repealed] (4) Assessment of fees on percentage basis 39 (5) Commission to assess fee 40 (6) Notice of assessment 41 (7) Payment of assessment.. 41 (7A)-(7F) 41 (8) First levy and annual period therefor 42 18A. Fees payable for year commencing B. Apportionment of licensed victuallers' license fees 43 Owner 44 ACCOMMODATION 19. Accommodation for licensed victualler's premises Description of premises 45 20A. Addresses of owners to be registered 46 'TEMPORARY LICENSES 21. Temporary license where premises destroyed 46 PERSONS AND PREMISES DISQUALIFIED 22. Persons and premises disqualified 47 22A. Forfeiture of license upon conviction for offence of black marketing 49 BOOTH AUTHORITY 23. Booth licenses.. 49 PACKET LICENSES 24. Packet license.. 51 BOTTLERS' LICENSES 25. Bottlers' licenses 26. [Repealed] SPIRIT MERCHANT'S LICENSE 27. Spirit merchant's license [Repealed] TRANSFER OF LICENSES, ETC. 29. Transfer of licenses, etc Commission may transfer license where licensee deserts premises or refuses to transfer Continuance of forfeited license to owners of premises in certain cases 32. Transfer of license on ejectment 33. Death or insolvency of licensee LOST LICENSES 34. Duplicate license, etc., in case of loss, etc CHANGE OF PREMISI!S 35. Premises of licensed merchant or licensed club may be changed

3 LIQUOR 3 Liquor Acts, 1912 to 1965-<:ontinued POWERS OF COMMISSION AS TO CANCELLATION OR ACCEPTANCE OF SURRENDER OF LICENSES 36. Powers as to cancellation, etc. 37. (1) Notice to be served to show cause (2) No objection to form of notice (3) Service 38. Considerations of Commission 39. Date when cancellation or surrender takes effect Consequences of cancellation 40A. Consequences of resumption of licensed premises 41. Owners and licensees to be notified of cancellation 42. Restriction of compensation.. COMPENSATION 43. (1) Compensation to be made (2) Basis of compensation (3) Where licensee is also owner (4) Fair and equitable compensation (5)-(7)., 44. (1) Commission to have regard to mortgage, etc. (2) No objection as to non-service Notice of compensation payable 46. (1) Payment or tender of compensation (2) When license deemed to be in force PAYMENT OF CoMPENSATION-AOVANCE BY TREASURER 47. Borrowing powers 47A. Forfeiture of licenses for cause 47B. Procedure upon forfeiture of a license REMOVAL OF CANCELLED OR SURRENDERED LICENSE TO ANOnIER LoCALITY 48. Removal of cancelled or surrendered license to another locality 48A. (1) No further wine-sellers' licenses to be granted (2) Cancellation of wine-sellers' licenses as from (3) [Operation of ss ] 49. (1)-(3) License to be obtained by public tender.. (4)-(4B) Power of Commission in respect of tenders (5) Action on approval by the Commission (6) Erasure of record of convictions (7) 49A. Removal of subsisting licensed victuallers' licenses IV-OBLIGATIONS, DUTIES, AND LIABILITIES OF LICENSEES 50. (1) Licensees' names, etc., to be exhibited.. (2) Unlicensed person exhibiting sign 51. Power to require repairs and improvements to licensed premises 51A. Machines, etc., capable of use for gaming, etc.. not to be brougbt or kept on licensed premises SIB. Billiard, bagatelle and mini-pool tables excluded from licensed premises.. SIc. Prohibition of unlawful art unions in licensed premises Sanitary precautions 53. [Repealed] 54. [Repealed] 55. Liquors to be sold by measure 56. Re-use of labelled bottles, etc., prohibited

4 4 LIQUOR Vol. 10 Liquor Acts, 1912 to 1965-continued REsTRICTIONS ON SALE OF LIQUOR 57. [Repealed) 58. Supplying liquor to intoxicated persons, young persons, lunatics, etc Persons actually supplying liquor liable in certain cases A. When sale, supply to and consumption by female of liquor at bar permitted Minor not allowed in bars 86 6OA. Beer gardens on licensed premises No person to supply liquor to minor Bars and adjoining rooms Sale of liquor on board vessels 91 PRoHIBmoN OROERS 64. (1) Supply of liquor to drunkards prohibited 91 (2) [Habitual drunkards] 92 (3) Prohibition renewable 92 (4) Selling liquor to prohibited person 92 (5) Prohibited persons purchasing liquor 92 (6) Prohibited person not to enter licensed premises 92 (7) Liability for accompanying him 92 (8) [Publication of order] 93 (9) Interpretation 93 PAYMENT FOR LIQUOR 65. No debts for liquor recoverable (1)-(2) Liquor to be sold for money only 94 (3) Not to be paid for in advance Licensed victualler receiving cheque or order for payment prohibited from unreasonable delay in cashing same. To make reasonable charges. Not to charge for treating 94 67A. Holder of license to sell liquor to stock and supply aerated waters, etc B. Foods other than specified foods not to be sold in bars on licensed premises of licensed victualler c. Licensed victualler to stock and supply certain foodstuffs 96 REFUSAL TO RECEIVE GUESTS 68. Refusal to accommodate traveller A. Obligation to provide board and meals 97 68B. Restrictions on sale of liquor on licensed premises elsewhere than in bars 98 68c. Hours when licensed victualler's premises to remain open Public bars 99 HOURS OF SALE OF LIQUOR 69. (1)-(2) Hours of selling on licensed victualler's premises (3) Bona fide lodger (4}-(8) Bona fide traveller 100 (8A)-(8Q) 102 (8R) Savings 106 (9)-(12) Evasion of law as to sale, etc., of liquor on premises Seizure of liquor Carrying liquor from licensed premises at prohibited time A. Seizure of liquor unlawfully carried away from licensed premises Persons found on licensed premises after closing hours 74. [Repealed] 110

5 UQUOR 5 Liquor Acts, 1912 to 1965-continued GAMES, MUSIC, ETC. 75. (I) Dancing, etc., prohibited on licensed premises without permission 111 (2) Hiring by private societies or persons 112 7SA. Exemption from ss. 75 and 166A [Repealed] 77. [Repealed] DISORDERLY PROCEEDINGS 78. Prohibition of gaming and disorderly persons, etc A. Emergency powers Licensed victuallers' premises may be closed in case of riot Licensee may exclude improper persons from his premises Drunken and disorderly persons 116 OTHER OFFENCES 82. Licensees not to harbour police Absence without permission Allowing unlicensed person to keep premises or employing disqualified persons Penalty Abandonment of licensed premises Licenses may be forfeited for drunkenness of licensee 119 ADUL TERA non 86. (I) Inspectors to be inspectors of adulteration 119 (2) Inspectors may enter and search for adulterated liquor 119 (3) Obstructing inspectors 120 (4) [Inspector to enter private room in presence of lodger or licensee] 120 (5) [Inspector may forcibly enter licensed premises] 120 (6) Manner in which sample may be dealt with Duty of analyst, etc (1) Licensee found guilty of adulteration (2) [Ingredients, etc., to be forfeited] 122 (3) Where licensee proves bona fide purchase of adulterated liquor 122 (4) Liquor impounded to be returned on acquittal (1) Record of conviction and forfeiture of license, etc (2) [Subsequent offence] 122 (3) Offender's name to be published on second offence Placard to be posted on premises where adulterated liquor ~scld ID 90. Analysis of fluids 123 Evidence Using bottles with labels more than once A. Exhibition of films prohibited on licensed victualler's premises 124 PROTECTION OF LICENSEE, ETC. 92. Responsibility for goods, etc., of lodgers Disposal of property left by lodgers on licensed victualler's premises Indemnity from distress for rent, etc., of strangers' property Licensed premises may be entered by police in case of disturbance.... Penalty for obstruction Entrance by day or night on licensed premises may be demanded in certain cases Police to have access to licensed premises at all times Production of license " 128

6 6 LIQUOR Vol. 10 Liquor Acts, 1912 to 1965-continued RECORD OF CONVICTIONS 99. Mode of recording convictions on license Record of convictions on license at discretion of court Recording convictions Notice to owner ofrecord License to be retained on forfeiture Conviction after three years not receivable in evidence Transfer where lease determined on account of endorsement of license Where omission is made in recording a conviction on license Defacing endorsements on license V-OBLIGATIONS, DUTIES, AND LIABILITIES OF LICENSED SPIRIT MERCHANTS 108. Liquor not to be sold by wholesale except at premises on which business carried on as spirit merchant Registration of spirit merchant [Repealed] 111. Penalty in default of license Times when licensed spirit merchant's premises not to be open for sale of liquor Quantity of spirits kept by brewers VI-LICENSED CLUBS 114. Kinds of club licenses Conditions applicable to all club licenses Conditions as to registered club licenses Ex-servicemen's clubs Workers' club license Conditions applicable to principal sporting club license A. Conversion of club licenses Requirements in respect of club rules Restrictions on sale, etc., of liquor in licensed clubs Application for club license The Queensland Police Welfare Club (1) Alteration of club rules 147 (2) Change of secretary Register of members A. Committee of licensed club B. Power of the Commission to forfeit club license c. Selling, etc., liquor in unlicensed clubs D. (1) Powers of police with respect to clubs 149 (2) Warrant to search club premises E. [Meaning of terms] F. Clubs existing at the passing of "The Liquor Acts Amendment Act of 1954" 150 VIA-RESTAURANT LICENSES 125AA. Meanings of terms SAB. Power to grant restaurant licenses Ac. Application for restaurant license AD. (1) Restrictions on the granting of the restaurant licenses 152 (2) Objections 152 (3) [Grounds for objections] 153 (4) [Requirements for grant of restaurant license] 153

7 UQUOR 7 Liquor Acts, 1912 to continued 125AE. Restrictions on sale and supply under restaurant license of liquor AF. Removal of bottles from tables AG. Carrying liquor away from licensed restaurant AH. Licensee responsible for servants AI. Obtaining liquor by false representation AJ. Singing, etc., prohibited on licensed restaurant without permission AK. Dancing prohibited on licensed restaurant during hours when liquor may be consumed 156 Exemption AL. Liquor not to be consumed on licensed restaurant save during specified hours AM. Penalty for contravention of sections 125AK and 125AL AN. Application of certain provisions SAo. Regulations VIB-RESORT LICENSES 12SBA. Power to grant resort licenses 125BB. Application for resort license 125Bc. Maximum number of resort licenses 125BD. Conditions applicable to resort licenses VII-SALE OF LIQUOR BY UNLICENSED PERSONS SALE OF WINE 126. Sale of wine without a license unlawful 127. Unlawful sale of wine 128. Sale of wine on Sundays on wine-maker's premises prohibited GENERALLY 129. (1) Sale of liquor by unlicensed persons (2) [Place of sale] (3) [Offences. Penalties] 130. Occupier of unlicensed premises liable for sale of liquor Arrest of keeper of and persons drinking in unlicensed premises 132. (1) Warrant and seizure of liquor kept in unlicensed place or for illegal sale (2) Persons found on premises where seizure made (3) Names of such persons may be demanded (4) Refusal, or giving false name 133. Seizure of liquors suspected to be carried for illegal sale 134. What shall be deemed retailing VilA-MAXIMUM PRICES FOR LIQUOR 134A. When Commission may fix maximum prices of liquor.. 134B. Liquor to be sold by unit of number, or weight, or measure to which maximum price is related 134c. Sale of liquor and supply of service in one transaction.. 134D. [Commission may require licensee to exhibit price list].. 134E. Sale or supply of liquor at price higher than maximum price prohibited 134F. Offences and penalties Transfer of licensed victualler's license not to affect order 134H. Power to extend application of this Part VIlA Power to suspend operation of this Part or of any provisions hereof

8 8 LIQUOR Vol. 10 Uquor Acts, 1912 to 1965-continued VIII-PROHIBITION POLL 135. Interpretation Petition Submission of proposed petition to Minister, and action thereon Petition, by whom signed Who may sign petition Petitions and other documents to be forwarded to returning officer (1) Duty of returning officer 174 (2) Duty of Minister Submission of question to electors Returning officer 175 Assistant returning officer Time for taking vote on the question 175 Who entitled to vote Application of Elections Act Duty of assistant returning officer Endorsement and return of writ When question carried 176 Publication of result Expenses Result if question carried Regulations 177 VIIIA-LOCAL OPTION ISlA. Interpretations B. Petition for local option vote c. Signatures to petition and offences in relation to those signatures Writ for referendum poll 180 ISlE. "The Elections Acts, 1915 to 1952" applied Chapter XIV of " The Criminal Code" applied F. Voting compulsory G. Question for taking vote at referendum poll H. Endorsement and return of writ Returning officer 183 Powers, etc., of returning officer J. Assistant returning officers K. Scrutineers L. Regulations IX-GENERAL PROVISIONS ApPEAL 152. Appeal.. EVIDENCE AND PROCEEDINGS 153. Delivery prima facie evidence of sale Proof of license Burden of proof as to license, etc. Proof of disorderly house Age Register, etc., to be evidence Endorsement or entry 154. Proceedings not,to be quashed for informality 155. General penalty 155A. Licensee responsible for employees

9 LIQUOR 9 Liquor Acts, 1912 to continued 156. Minimum penalty 157. Appropriation of penalties, etc [Repealed] 158A. [Police officer, power to demand name and place of abode] 159. (1) Protection of officers, etc. (2) Action against officers, etc Neglect by clerk of petty sessions or inspector 161. False statements 162. (1) Inspector or sub-inspector receiving bribe (2) Person bribing or offering bribes 163. Service.. RAILWAY REFRESHMENT ROOMS 164. Railway refreshment rooms GENERAL 165. Workmen's wages not to be paid on licensed premises 166. Liquor not to be brought on board His Majesty's Imperial or Colonial snips without the commander's consent 166A. Liquor in, or in the vicinity of, dance halls 166B. Ball permits 167. Fees 168. Regulations 169. Governor in Council may rectify irregularities 170. Forms and signature of requests, petitions, and memorials 171. Construction of this Act FIRST SCHEDULE SECOND SCHEDULE [Not reprinted] REGULATIONS: (Liquor Regulations of 1955, Gazette Jan.-Apr. 1955, pp ; Sep. Dec. 1955, pp. 509, 1937; Jan.-Apr. 1956, p. 256; Sep.-Dec. 1956, p. 758; Sep.-Dec. 1958, p. 1916; May-Aug. 1959, p. 2091; Sep. Dec. 1959, pp. 893, 2179; Sep.-Dec. 1960, p. 561; Jan.-Apr. 1961, p. 2261; Sep.-Dec. 1961, p. 1011; Jan.-Apr. 1962, pp. 771, 1197; May-Aug. 1962, p. 1505; Sep.-Dec. 1964, pp ; Jan.-Apr. 1965, p. 1370; May-Aug. 1965, pp. 1-15, 709; Sep.-Dec. 1965, p. 679; Jan.-Apr. 1966, p. 1243; May-Aug. 1966, p. 1467; Jan. Apr p.340.) RELATED LEGISLATION: Alcoholics-As to compulsory or voluntary confinement in institutions, see Inebriates Institutions Act of 1896, title INSTITUTIONS, Vol. 7, p.711. Closed professions-as to removal from professional registers for habitual drunkenness, see Medical Acts, 1939 to 1963, s. 35, Dental Acts, 1902 to 1961, s. 16 (2), Pharmacy Acts, 1917 to 1959, s. 20 (1), title MEDICINE AND PHARMACY. Commonwealth legislation: Distillation and condition of spirits: Distillation Act, 1901 to Spirits Act, 1906 to Habitual drunkards-as to protection of wives, see Vagrants, Gaming and Other Offences Acts, 1931 to 1964, s. 18, title VAGRANTS. Intoxication as defence to criminal charges-see Criminal Code, s. 28, title CRIMINAL LAW, Vol. 3, p Legislative powers-see Commonwealth Constitution, s. 113, (title COMMONWEALTH AND STATES, Vol. 4, p. 232), reserving to the States power to legislate with respect to intoxicating liquors within the State

10 10 LIQUOR Vol. 10 Matrimonial causes-as to habitual drunkenness as grounds for divorce, see Matrimonial Causes Act, 1959 to 1965, s. 28 (f), (i) (Commonwealth). Offences under other Acts-See Preliminary Note, post. Prohibition of importation of spirits-see Customs Act, 1873, s. 41, title CUSTOMS, Vol. 4, p ACTS NOT REPRINTED IN THIS TITLE: Babinda State Hotel Sale Act of 1929,20 Geo. 5 No.7-See 1936 Reprint, Volume 5, p Brewers Act of 0, 14 Vic. No.4-See 1936 Reprint, Volume 5, p Distilleries Act of 1849, 13 Vic. No. 27-See 1936 Reprint, Volume 5, p Hotel Theodore Lease Enabling Act of 1934, 25 Geo. 5 No.7-See 1934 Sessional Volume p Hotel Theodore Sale Acts, 1954 to 1959-See Sessional Volume p. 372, and Sessional Volume p Liquor Adulteration Act of 5,19 Vic. No. 19-5ee 1936 Reprint, Volume 5, p. 739.