(1) (a) This section applies with respect to all descriptions and kinds of licenses save packet licenses and railway refreshment room licenses.
(b) An order as hereinafter in this section provided signed by the Executive Officer of the Commission or by an inspector authorised in that behalf by the Commission may be served upon an owner or licensee, or both, where in the opinion of the Commission or of that inspector the licensed premises-
(i) Are by reason of the age or the destruction (complete. or partial) of the buildings thereof, or any of them, or their ruinous, damaged or dilapidated condition, or the nature or condition of structural materials, or the structural design or formation thereof unfit for or unsuited or inadequate to their respective purposes under this Act; or
(ii) Require cleansing, painting, repainting or repairing; or (iii) Are not in a satisfactory sanitary state or condition; or (iv) Do not contain the prescribed accommodation; or
( v) Are not provided with necessary furniture, furnishings, fittings, fire alarm, fire fighting and fire escape equipment, in good order and condition; or
(vi) Are not as respects the structural condition of the buildings thereof, or any thereof, or as respects furniture, furnishings, and fittings, and services, amenities, and standards of accommodation, or any of those things, suitable and sufficient to meet .the needs of the locality in which the licensed premises are situated; or
(vii) Require any work to be carried out thereon or in relation thereto or any act, .. step or thing to be done or taken with respect thereto which, in the opinion of the Commission or of the inspector, is necessary to better serve the convenience of· the public or is required in the interests of public health,
safety or hygiene;
(viii) Otherwise do not comply with this Act.
(c) The aforementioned order, which may be in general or specific terms, shall require the owner or licensee, or both, to do in relation to the licensed premises within the time stated in that order, and to the satisfaction of the Commission or inspector, such acts, matters and things, including the lodging with the Commission of detailed plans and specifications, as are in the opinion of the Commission or the inspector necessary and are directed thereby.
In the case of an order under this section directed only to a licensee who is not the owner of the licensed premises, a duplicate of the order shall also be served upon the owner of those premises (or, if that owner cannot conveniently be found, shall, if practicable, be affixed, addressed to that owner, upon the front or principal door of those premises).
In the case of a licensed club, if the secretary or nominee thereof cannot conveniently be found, the order as aforesaid may be served by affixing it, if practicable, addressed to that club, upon the front or principal door of the licensed premises thereof.
In the case of an order as aforesaid requiring any building to be rebuilt or .the accommodation of any licensed premises to be added to within the period stated in that order, that period shall be not less than three months.
. As the principal consideration on which is based a determination to make an order pursuant to the provisions of this ·subsection, the Commission or inspector, as the case may be, shall, as far as is practicable, have regard to the amount of the license fee paid in respect of the licensed premises concerned.
(d) The provisions of this subsection shall be in addition to and not in diminution of or substitution for any other provisions of this Act.
(2) Subject to section 47B of this Act, if an order under this section in respect of licensed premises is not complied with, the Licensing Court may forfeit the license.
(3)-(5) (Repealed).
( 6) Where any licensee is not the owner of the licensed premises and is not under covenant or agreement with the owner to do any or all of the matters which the licensee is required to do by an order made under subsection one of this section, in that case the owner shall pay to the licensee any money expended by him in that behalf in doing matter.s which he had not covenanted or agreed with ·the owner to do, and in default the licensee shall, in addition to any other remedy which he may have, be entitled to retain possession of the premises at the same rental he was paying at the time the expenditure was incurred until the · rent accruing is sufficient to repay him the money expended as aforesaid, and such rent may be retained by him, and the authority of this Act shall be an answer to any action by the owner for the recovery of the same:
Provided .that the licensee shall pay to the owner during the remainder of his tenancy by way of increase in ·the rent an amount at the rate of six dollars per centum per annum on the total amount expended by the owner on the licensed premises as aforesaid.
(7) If any licensed premises have become ruinous or dilapidated by reason of fire, tempest, or other cause beyond the control of the licensee and owner, or have been dismantled or demolished for the purpose of rebuilding, altering, repairing, or extending the same, the license shall not be forfeited until a reasonable time has elapsed for the reinstatement of the premises.
( 8) The owner, if the licensee, or ·the owner and licensee (as the case may be) of any licensed victualler's premises which do not contain the prescribed accommodation may surrender the license thereof instead of bringing the accommodation of such premises into conformity with the requirements of this Act.
86 s. 51A LIQUOR Acr 1912-1979
For ,the purposes of this section, the word "owner" shall not include a mortgagee who is not a mortgagee in possession.
As amended by Act of 1945, 9 Geo. 6 No. 20, s. 17; Act of 1954, 3 Eliz. 2 No. 55, s. 38; Act of 1958, 7 Eliz. 2 No. H, s. 11; Act of 1961, 10 Eliz. 2 No. 28, s. 30; Act of 1970, No. 3, s. 25; Act of 1973, No. 81, ss. 6, 99, First Sch., Fifth Sch.
Decimal currency reference substituted pursuant to section 7 of. Decimal Currency Act of 1965.
51A. Machines, etc., capable o( use for gaming, etc., not to be brought or kept on licensed premises. ( 1) A licensee shall not bring or keep, or permit to be brought or kept, upon his licensed premises any machine, ·mechanical contrivance, apparatus or device capable of being used for the purpose of betting or gaming including but without limiting the generality hereof any machine, mechanical contrivance, apparatus or device known as a crane machine, fruit machine, poker machine, golf ball machine, roll machine, flag machine or pin ball machine or any other machine of a similar nature and having a similar purpose.
· (lA) A licensee shall not bring or keep or permit to be brought or kept upon his licensed premises an entertainment machine within the meaning of The Art Union Regulation Acts 1964 to 1965 or a billiard table within the meaning of those Acts without the approval of the Commission first had and obtained.
The Commission may grant such approval subject to the provisions of those Acts and may subject its approval to such terms and conditions as it thinks fit.
An approval granted under this subsection shall not excuse a licensee from obtaining a permit under those Acts in respect of the entertainment machine or billiard table in question.
(2) The Commission may by order direct a licensee to remove and keep removed from his licensed premises-
( a) a machine, mechanical contrivance, apparatus or device of a kind referred to in subsection ( 1 ) of this section;
(b) an entertainment machine or billiard table referred to in subsection ( 1A) of this section in respect of which- (i) the Commission has not approved under that subsection;
(ii) a term or condition of an approval under that subsection is contravened or not complied with;
(iii) there is not a permit under The Art Union Regulation Acts 1964 to 1965; or
(iv) a condition of a permit granted under those Acts is contravened or not complied with.
(3) The Commission may make an order restraining a licensee from contravening or continuing to contravene in relation to his licensed premises the provisions of subsection (1) or subsection (lA) of this section.
( 4) An order may be made pursuant to subsection (3) of this section whether or not the licensee has been proceeded against as for an offence against subsection (1) or, as the case may be, subsection (lA)
of this section in respect of the matter and a. person may be proceeded against as for an offence against subsection ( 1) or, as the case may be, subsection ( 1A) of this section notwithstanding that an order has been made pursuant to subsection ( 3) of this section in respect of the matter.
Inserted by Act of 1961, 10 Eliz. 2 No. 28, s. 31; as amended by Act of 1970, No.3, s. 26.
51B. (Repealed).
Repealed by Act of 1970, No. 3, s. 27.
51 c. Prohibition of unlawful art unions in licensed premises. ( 1) A licensee on whose licensed premises-
( a) any unlawful art union is conducted; or
(b) any ticket or chance in any unlawful art union is sold or distributed or is offered or advertised for sale or distribution;
or
(c) any advertisement of an unlawful art union or any list, whether complete or not, of prize winners · or winning tickets in an unlawful art union or any matter descriptive of the drawing or intended drawing of, or otherwise relating to an unlawful art union which matter is of a kind likely to act as an induce- ment to any person to participate in that art union or in any other unlawful art union is distributed in the premises of which he is licensee or is in the possession of any person in those premises for the purpose of distribution in those premises,
commits an offence against this Act and is liable to a penalty not exceeding six hundred dollars or to imprisonment for a term not exceeding three months or to both such penalty and imprisonment.
(2) In applying this section to premises in respect of which a booth license is in force, the premises of which the holder of such booth license is licensee include the area within the immediate vicinity of the booth, stall, bar or place from which liquor is or will be sold or supplied under such license.
( 3) A person shall not be convicted of an offence against subsection ( 1 ) of this section if it is shown that the act alleged to have occurred on his licensed premises occurred without his consent or connivance and that he had exercised all due diligence to prevent it.
( 4) (a) In this section-
(i) the term "unlawful art union" means an art union within the meaning of The Art Union Regulation Act of 1964 which is not, by that Act, declared to be lawful;
(ii) the term "licensee", without limiting the meaning assigned to it by section four of this Act, includes any person who at the material time is in charge of the licensed premises in question and, where it is alleged in a complaint of an offence against a provision of this section that the act complained of occurred in a part of licensed premises mentioned in the
88 ss. 52-55 LIQUOR ACT 1912-1979
complaint, includes a person who at the material time is in charge of the part of licensed premises in question and, in the case of a licensed club, also includes the persons referred to in paragraphs (b), (c) and (d) of subsection (8) of section one hundred and twenty-one of this Act.
(b) The allegation in a complaint of an offence against this section that at any material time an art union, referred to in such complaint, was an unlawful art union shall be evidence of the fact so alleged and, in the absence of evidence to the contrary, shall be conclusive evidence of that fact.
( 5) The provisions of this section are in addition to and not in substitution for or diminution of any other provision of law:
Provided that when a person is liable to be punished under the provisions of this section and also under any other provision of law for the same act or omission he shall not be twice punished for the same offence.
Inserted by Act of 1965, No. 9, s. 24.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
52. Sanitary precautions. N.Z., 1908, No. 104, s. 161. Every licensed victualler shall thoroughly cleanse and disinfect all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, sanitary con- veniences, and drains of the licensed premises to the satisfaction of and as often as is required by or in accordance with any direction of an inspector.
Any licensee who fails to comply with this section shall be liable to a penaHy not exceeding twenty dollars.
!Decimal currency reference substituted· pursuant to section 7 of Decimal Currency Act of 1965.
53. (Repealed).
Repealed by Act of 1965, No. 9, s. 25. as from 1 July, 1965; see Schedule.
II of 1965 Act.
54. (Repealed).
Repealed by Act of 1965, No. 9, s. 26.
55. (1) Liquors to be sold by measure. No holder of any license shall supply to any person for consumption on the licensed premises of such holder any liquor of any description unless such liquor is contained in a glass or other container of a size containing a measure of capacity corresponding with a measure prescribed by the regulations for that description of liquor.
(2) No holder of any license shall supply to any person for consumption on the licensed premises of such holder any liquor unless the same is contained in a glass or other container clearly marked and, if so prescribed by the regulations, ma;rked as prescribed with a true and correct measure of the capacity of that glass or other container.
(3) For the purposes of this section-
"Marked"-Means stamped, impressed, engraved, etched, branded, or otherwise marked in such manner as to be, so far as practicable, indelible;
"Measure" -Means a standard of measure for Queensland for the purposes of The Weights and Measures Act of 1951 or some multiple or part thereof.
(4) The Governor in Council may from time to time by the regulations exclude from the operation of either subsection one or subsection two of this section or of both those subsections and in relation to all or any descriptions or kinds of licenses, liquor of the description or sold in the circumstances or supplied in the containers specified in the regulations and may at any time cancel any such exemption.
Substituted by Act of 1954, 3 Eliz. 2 No. 55, s. 39; as amended by Act of 1972, No. 31, s. 6 First Sch.; Act of 1979, No. 40, s. 23 (b).
Also amended by Act of 1979, No. 40, s. 23 (a) (not yet proclaimed into force).
56. Re-use of labelled bottles, etc. prohibited. Any licensed victualler who-
( a) Uses or has upon his licensed premises any branded, labelled, or stamped bottle or other receptacle as a container of or containing any liquor other than the liquor actually supplied to him in such bottle or receptacle, unless such bottle or receptacle bears in legible characters his own name and address and the name and description of the liquor;
(b) Sells or supplies any wine or spirits drawn from bulk in or from any bottle or receptacle other than a bottle either bearing no brand, label, or stamp, or bearing in legible characters his own name and address and the name and description of the liquor, or a decanter;
shall be liable to a penalty not exceeding forty dollars.
As amended by Act of 1961, 10 Eliz. 2 No. 28, s. 64 (1) (as from 1 July 1963).
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
RESTRICTIONS ON SALE OF LIQUOR
57. (Repealed).
Repealed by Act of 1961, 10 Eliz. 2 No. 28, s. 64 (1) (as from 1 July 1963).
58. Supplying liquor to intoxicated persons, young persons, lunatics, etc. 49 Vic. No. 18, s. 67. 59 Vic. No. 29, s. 13. N.Z., 1908, No. 104, s. 181. ( 1) Any licensed victualler or licensed spirit merchant or hoMer of a resort license who supplies or permits to be supplied any liquor-
( a) To any person in a state of intoxication or to any habitual drunkard;
(b) To any person under the age of eighteen years;
(c) To any person who is insane or is reasonably suspected to be insane, whether temporarily or permanently;
90 s. 59 LIQUOR ACT 1912-1979 (d) (Repealed).
shall be liable to a penalty not exceeding $200 nor less than $100.
In the case of a third conviction, the license may be forfeited by the Court:
Provided that the licensee shall first be called upon to show cause why the license should not be forfeited. Notice of such proceedings shall be served on the owner of the licensed premises a reasonable time before the hearing, and on such proceedings he may be heard personally or by counsel or solicitor, and if the court is satisfied that the licensee should forfeit his license, but that the owner was not privy to nor a consenting party to any such offences, the court may transfer or grant to such owner or his nominee approved by the court the license of such premises.
Any person who, by falsely representing himself as being of the age of eighteen years, obtains any liquor shall be liable to a penalty not exceeding $200 nor less than $100.
Any police officer may stop any person apparently under the age of eighteen years who he suspects has been supplied with liquor contrary to ,fuis subsection, and may examine any bottle, vess·el, or package containing or suspected to contain liquor in the possession of such person, and may seize all liquor so found and the bottle or vessel containing the same; and the liquor and bottle, vessel, or package containing it, seized as aforesaid, may be forfeited.
Any person who sends or causes or permits to be sent to licensed premises any person under eighteen years of age for the purpose of either of such persons being supplied with liquor shall be liable to a penalty not exceeding $200 nor less than $100.
(2) Every conviction of a licensee for any offence under this section shall be recorded in the register of licenses, and shall be endorsed on his license.
As amended by Act of 1914, 5 Geo. 5 No. 21, s. 13; Act of 1926, 17 Geo. 5 No. 3, s. 8; Act of 1945, 9 Geo. 6 No. 20, s. 18; Act of 1958, 7 Eliz. 2 No. 11, s. 12; Act of 1961, 10 Eliz. 2 No. 28, ss. 32, 64 (1); Act of 1965, No. 9, s. 27;
Act of 1970, No. 3, s. 28; Act of 1973, No. 81, ss. 39, 40, Second Sch., Third Sch.
Amendments made by Act of 1961, s. 64 (1), came into operation on 1 July 1963.
59. Persons actually supplying liquor liable iD certain cases. N.Z., 1908, No. 104, s. 205. Any person, other than the licensee, who in any licensed premises supplies, gives, or treats liquor to-
(a) Any person in a state of intoxication, or to any habitual drunkard;
(b) Any person under the age of eighteen years;
(c) Any prohibited person;
(d) Any person at a time at which such person is not entitled lawfully to be supplied with liquor;
(e) (Repealed).
shall be liable to a penalty not exceeding $200 nor less than $100, irrespective of any liability that may attach to the licensee in respect of the same offence.
As amended by Act of 1945, 9 Geo. 6 No. 20, s. 19; Act of 1954, 3 Eliz. 2 No. 55, s. 40; Act of 1958, 7 Eliz. 2 No. 11, s. 13; Act of 1965, No. 9, s. 28;
Act of 1970, No. 3, s. 29; Act of 1973, No. 81, ss. 39, 40, Second Sch., Third Sch.
59A. (Repealed).
Repealed by Act of 1970, No. 3, s. 30.
60. Minor not aHowed in bars. ( 1) A licensee shall forthwith remove or cause to be forthwith removed from the bar of his licensed premises any person therein who is apparently under the age of eighteen years.
A licensee who fails to comply with this subsection shall be liable to a penalty not exceeding $200 nor less than $100.
(2) A person under the age of eighteen years who is found- ( a) in a bar of any licensed premises; or
(b) with liquor in his possession on or in any licensed premises;
or
(c) drinking or consuming liquor on or in any licensed premises, shall be liable to a penalty not exceeding $200 nor, in the case referred to in paragraphs (b) or (c) of this subsection, less than $100.
(3) The provisions of subsection (1) and of paragraphs (a) and (b) of subsection (2) of this section do not apply to or in r~lation to an employee of the licensee of the licensed premises concerned employed in or about such licensed premises in the course of his employment or a member of the family of such licensee.
( 4) Any police officer may seize and take away, or cause to be seized and taken away, any liquor which is being drunk or consumed by, or which he reasonably suspects is about to be drunk or consumed by, or which is found in the possession of, any person in contravention of this section, together with any vessel, utensil or other package containing the same, and in the case of a conviction of an offence against· this section in relation to any liquor so seized, the court shall, in addition to any other penalty declare such liquor and the vessel, utensil or package containing the same to be forfeited.
Substituted by Act of 1965, No. 9, s. 29; as amended by Act of 1970, No. 3, s. 31; Act of 1973, No. 81, ss. 39, 40, Second Sch., Third Sch.
60A. Beer gardens on licensed premises. ( 1) The Licensing Court may from time to time in its absolute discretion, declare on application by a licensee or by the Commission such part or parts, as it deems fit, of the licensed premises of a licensed victualler or a licensed club to be a beer garden but nothing in this subsection shall authorise the Licensing Court to include in the part or parts of the licensed premises declared by it pursuant to this subsection to be a beer garden, any room on the licensed premises set apart and used solely or principally for the con- sumption of meals by, in the case of the premises of a licensed victualler,