AGY-3833 | Metropolitan Licensing Court [I]

Full description

An Act to remodel the law relating to publicans and other persons engaged in the sale of liquor, 1881 (45 Vic. Act No.14) established a system of licensing districts and licensing courts to regulate the sale of liquor in New South Wales. The County of Cumberland was a licensing district known as the Metropolitan Licensing District. (1) The Metropolitan Licensing Court consisted the Metropolitan Police and Stipendiary Magistrates and appointed members to a maximum of seven persons. (2) Persons with an interest in the manufacture of fermented or spiritous liquors, premises licensed or proposed to be licensed, or in any occupation in the liquor industry were ineligible for membership of a Court. (3) A quorum for the Court was three members. (4) Registrars, clerks and other staff necessary for the conduct of the business of the Court could be appointed after notification in the NSW Government Gazette. (5) Appointed members could resign in writing to the Governor and could be deemed to have vacated office if they missed two consecutive meetings without valid reason. (6) The Metropolitan Licensing Court was a Court of Record with power to make all of the necessary rules for the conduct of its business, for the enforcement of its orders, adjudications and convictions. The rules were, however, subject to regulations issued by the Governor. The Chairman could administer oaths, declarations, affirmations and depositions in any matter dealt with by the Court. (7) The Court could also punish those summoned as witness if they failed either to attend the Court, to be sworn, to answer any lawful question, or otherwise committed contempt of court. (8) Any Metropolitan Police or Stipendiary Magistrate who was a member of a licensing Court could sit as a licensing magistrate and effectively be a Licensing Court. (9) The procedure before the Court was as follows:
Prior to the quarterly meeting of the Court the District Inspector provided a report on licensed establishments in the district, and upon applications for new licenses, transfer, or renewals. The report covered the condition of the premises, fittings and furniture, the nature of the business and the location of similar businesses in the vicinity. The report was available for public inspection during office hours;
The Clerk was to report upon whether applicants or transferees had previously been applicants or transferees and the result of their previous application;
If there was an objection to an application for a renewal the Clerk was to notify the applicant, summarising the objections and providing the opportunity for the applicant to be present at the hearing;
Applications for a new publicans licenses were to include plans or sketches of the premises indicating the number of rooms. Applications were declined if the building appeared to contain an area set up for retail business;
The Court heard the applications and objections. The rules of evidence were as close to those in other types of courts as practicable;
Applications, which had been dealt with by the Court, could not be re-heard at a subsequent sitting unless permission was gained at the original hearing;
Applications for new licences were commenced by the applicant (or representative) introducing his case followed by the hearing of objections (if any) then the applicant had the right of reply. When an application for a renewal was before the Court, the objections (if any) were heard first followed by a reply by the applicant;
The Chairman of the Court gave the decision if unanimous. The decision was reached by a vote by the members of the Court if not unanimous. The Chairman announced the majority decision and members of the Court were not to question or comment on the decision;
Certificates and other documents of the court were signed by the Chairman except for those requiring the signature of a licensing magistrate;
Three days notice was required if an objection was based on the character of an applicant. (10) The licensing court also heard cases for the cancellation of licenses. These were usually brought before the Courts by Licensing District inspectors who had identified cases of departure from license conditions. The licensee was served with a summons to appear before the Court, which heard the case either at a special sitting or the regular quarterly sittings (if the licensee had received the statutory 14 days notice). (11) Licensing Courts convened quarterly in the months of January, April, July and October. The dates of the sittings were proclaimed in the NSW Government Gazette and relevant local newspapers, in addition to a notice posted on the building where the Court was to assemble. Additional sittings could be called for the hearing of renewals and other business following due notice of the meeting times. However, no notice was required of sittings of the Licensing magistrate. (12) Certificates issued by the Court were invalid unless the fee was paid to the Treasury within 28 days of the certificate being issued. (13) The following license types could be issued: publican’s licenses, packet licenses (to sell liquor to passengers on ships after the journey had commenced); colonial wine licenses (to sell liquor made from Australian-grown fruit) booth or stand licenses; (to sell liquor for short periods at fairs, sporting and racing meetings) (14) and brewer’s and spirit merchant’s licenses. (15) Appeals against the decisions of the Licensing Court could be made to the Courts of Quarter Sessions. (16) The Metropolitan Licensing Court was constituted on 6 January 1882 and consisted of the stipendiary magistrates for the Metropolitan Licensing District and John Harris (Lord Mayor of Sydney) as the appointed member. (17) The Court was to be conducted in the Court Houses of Petty Sessions in the Metropolitan District and in the buildings used as Petty Session Court Houses at Penrith, Windsor and Campbelltown. (18) The first meeting appears to have been held on 31 January 1882 at the Central Police Court, George Street, Sydney. (19) An Act to amend the “Licensing Act of 1882”, 1883 (46 Vic. Act No.24) authorised the alteration of the boundaries of the Metropolitan Licensing District. (20) The Act also required applications for renewal of licences (except booth and stand licenses) to be submitted to the Inspector for delivery to the Court. (21) The role of the Court was expanded to include the issue of permits to serve liquor to patrons of entertainment held in rooms within the licensed premises (22) and licenses to Railway Refreshment Rooms. (23) The Court’s authority in relation to the issue of brewer’s and spirit merchant’s licenses was further regulated by the Licensing Acts Amendment Act 1897 (Act No.17, 1897) which empowered the Court to decline licenses and to disallow the business to be transferred to premises other than those identified in the license (unless application for the transfer of the business was made to the Court). (24) These licences could be held by a married woman if she was in possession of a protection order, a judicial separation, divorce, or her husband had become an ‘insane patient’. (25) The registration of clubs was added to the jurisdiction of the Licensing Court by the Liquor (Amendment) Act, 1905. Applications for registration and renewal were to include copies of the rules and lists of the members was made to the Court. (26) The application could be processed formally if no objections had been lodged. (27) Objections could be heard from the District Inspector, the local council or residents within a mile of the premises. (28) If the objections were upheld the Chairman was required to state the reason, which was to be recorded in the records of the Court. (29) The Liquor Act, 1912 reconstituted the Metropolitan Licensing Court to consist of three stipendiary magistrates. (30) The Chairman of the Court was the chairman of the bench of stipendiary magistrates. (31) The Liquor (Amendment) Act, 1922 introduced a range of detailed alterations to the system of licensing in addition to requiring every licensed publican to keep a register containing the names of hotel guests and the date and time of arrival. (32) The Liquor (Amendment) Act, 1923 reconstituted the Licensing Courts terminating the appointments of those currently holding office. (33) In their place the Governor could appoint three police or stipendiary magistrates to be licensing magistrates and one of these magistrates to held the office of chairman. (34) The licensing court in each district was to be constituted by these magistrates. (35) Metropolitan Licensing Court [II] appears to have succeeded Metropolitan Licensing Court [I] on or about 1 July 1924. Endnotes:
(1) Licensing (No.2) Act, 1881 s. 5.
(2) Ibid., s. 6 (1).
(3) Ibid., s. 6 (iv).
(4) Ibid., s. 6 (vii).
(5) Ibid., s. 6 (vi).
(6) Ibid., s. 6 (viii, ix).
(7) Ibid., s. 7.
(8) Ibid., s. 8.
(9) Ibid., s. 9.
(10) Ibid., s. 10.
(11) Ibid., s. 72.
(12) Ibid., s. 11.
(13) Ibid., s. 14.
(14) Ibid., s. 24- 28.
(15) Ibid., s. 68.
(16) Ibid., s. 83.
(17) NSW Government Gazette, 7 January 1882, p.103.
(18) Ibid., p.104.
(19) Loc. Cit.
(20) An Act to amend the “Licensing Act of 1882”, 1883 s. 2.
(21) Ibid., s. 5.
(22) Ibid., s. 18.
(23) Ibid., s. 19.
(24) Licensing Acts Amendment Act, 1897, s. 1.
(25) Ibid., s. 2- 4.
(26) Liquor (Amendment) Act, 1905, s. 46 and 47.
(27) Ibid., s. 49.
(28) Ibid., s. 51.
(29) Ibid., s. 53.
(30) Liquor Act, 1912, s. 5 (1).
(31) Ibid., s. 5 (2).
(32) Liquor (Amendment) Act, 1922 s. 2 (42).
(33) Liquor (Amendment) Act 1923 s. 3, substituting a new section 5(1) into the principal act.
(34) Ibid. substituting a new section 5(2) into the principal act.
(35) Ibid. substituting a new section 5(3) into the principal act.