AGY-4871 | Port Stephens Licensing Court [II]

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The Liquor (Amendment) Act, 1923 (Act No 51, 1923) created three licensing magistrates each of whom was a police or stipendiary magistrate. (1) These magistrates comprised the licensing court in every licensing district in New South Wales. (2) The new licensing courts contrasted with previously operating courts in which separate magistrates were elected for each district. The Port Stephens Licensing Court [II] appears to have be constituted immediately upon the appointment of the magistrates on 1 July, 1924 The magistrates were appointed for an initial period of seven years but eligible or re-appointment; they were entitled to a salary for performing the duties of licensing magistrates and were required to receive the governor’s consent if they wished to engage in any other paid employment. (3) The Chairman and one other magistrate constituted a quorum for a licensing court. (4) However, with ministerial approval the Magistrates could delegate either specific cases or a general type of business to one of their number or to a stipendiary or police magistrate. [In practice most routine matters were thus delegated] (5) Statutory provisions disallowed the delegation of the court’s responsibility to hear an application for a license upon petition. (6) The Courts were held in the premises of a Court of Petty Sessions situated within the licensing district or in other premises proclaimed in the NSW Government Gazette (7) The registrars, clerks and other staff of the former individual licensing courts continued in office, and where the relevant staff was not available the clerks of petty sessions carried out the duties of the licensing court registry until appointments were made. (8) The licensing courts were responsible for carrying out all of the functions that had previously been exercised by the separately constituted courts in each licensing district (9) viz: Receiving reports concerning licensed premises;
Hearing applications for licenses including the renewal or transfer of existing licenses. The licenses included publicans’ licenses, packet licenses, colonial wine licenses and booth or stand licenses;
Hearing cases for the removal of licenses (10) The Liquor (Amendment) Act 1927 (Act No 36, 1927) authorised the licensing courts to issue permits to licensed hotels and clubs for the sale of liquor if consumed with meals after the normal closing time of 6pm. (11) No appeal was available if the Court declined applications under this section. The Liquor (Amendment) Act 1946 brought more flexibility to the court hearings including authorising the adjournment of a hearing to another court including one situated outside the licensing district to which the matter applied (provided that the records were returned to the Court of initiation) (12) The frequency of hearings was also altered in 1946 to enable sittings to be scheduled as required (rather than quarterly), provided that at least 21 days’ notice was given by affixing the sitting dates and times to the building where the court was to be held (13) The Act also introduced the licensing of restaurants to serve ‘light wines’ and ‘malted liquors’ (14) and of ‘Community Hotels’ operated as trading enterprises by local councils (15). Licensing Courts were further reconstituted by the Liquor (Amendment) Act 1946. The three magistrates were now to be a judge of the District Court who was ex-officio chairman of the licensing courts, and two other members – whose were qualified as police or stipendiary magistrates or were licensing magistrates already in office at the commencement of the Act. (16) This reconstitution of the courts did not affect the validity of decisions that had already been taken by the courts or the continuity of their business. (17) The Licensing Courts were further reconstituted by the Liquor (Amendment) Act, 1954 (Act No 50, 1954) The Courts were now to comprise between three and five members each of whom was to be qualified as a stipendiary magistrate. One of the members was to be appointed chairman and another deputy chairman. (18) The latter was to preside over the Court in the absence of the Chairman. The Court was to hear matters in the district relevant to which the issue to be determined. (19) The Act also introduced a new type of license to provide for the sale of alcohol within parks and reserves such as Kosciusko State Park and Jenolan Caves House. Regulations could stipulate conditions for these licenses. (20) The Liquor (Amendment) Act, 1966 (Act No 54, 1966) added theatre and public hall licenses to enable alcoholic beverages to be sold in these venues (21) and the Liquor (Amendment) Act, 1969 (Act No 73) enabled publican’s licenses to be converted into tavern or accommodation hotel licenses. (22) The Act also required clubs registered under the Act to be companies within the meaning of the Companies Act, 1961 or registered as societies under the Co-operation Act, 1923. (23) Tourist Hotel Licenses were added to the types available by the Liquor (Amendment) Act, 1972 (Act No. 29, 1972) (24) and Universities and Colleges of Advanced Education could apply for licenses following the passage of the Liquor (Amendment) Act, 1973 (25). In 1975 the Act was further amended to enable alcohol to be sold at cinemas (26) and to allow wine tasting to be conducted on premises for which an Australian Wine License was held. (27) The Port Stephens Licensing Court [II] was abolished on 1 July 1983 (28) when the several licensing courts were replaced by the Licensing Court of New South Wales that was constituted by the Liquor Act, 1982 (Act No 147, 1982) Endnotes
(1) Liquor (Amendment) Act, 1923 s. 3 (2)
(2) Ibid s. 3 (3)
(3) Ibid s. 3 (5)
(4) Ibid s. 3 (6)
(5) Ibid s. 3. (10)
(6) Ibid s. 3 (10)
(7) Ibid s. 3 (7)
(8) Ibid s. 3 (8)
(9) Ibid s. 3 (4)
(10) Liquor Act 1912 s. 9 and 14
(11) Liquor (Amendment) Act, 1927 s. 5 - new section 57A of the principal act.
(12) Liquor (Amendment) Act, 1946 s. 44 ©
(13) Ibid s. 44 (11) (1)
(14) Ibid s. 78 C – U
(15) Ibid s. 78V – BB
(16) Ibid s. 55
(17) Ibid s. s 55 (9) – (10)
(18) Liquor (Amendment) Act, 1954 s. 2 © (i) (2) (a) – (b). Substituting a new section 5 in the principal act
(19) Ibid. s. 2 © (v)
(20) Ibid s. 12 (f) (iii)
(21) Liquor Amendment) Act, 1966 s. 2 (d) new sections 20A and 20B of the principal act
(22) Liquor (Amendment) Act 1969 s, 2 (e) new sections 26B and 26C of the principal act
(23) Ibid. s. 6. New section 134 B of the principal act
(24) Liquor (Amendment) Act 1972 s. 4 (e) new section 20D of the principal act
(25) Liquor (Amendment) Act 1973 Part Xa. New section 152 A of the principal Act
(26) Liquor Amendment Act, 1975 s. 4 (3) amendment to section 20A of the principal act
(27) Ibid s. 4(b) (iii) (2) New Section 18 (2) of the Principal Act
. (28) NSW Government Gazette 20 May 1983 p. 2181