LICENCES, LIQCOB (AMENDMENT). CHAP. 40.

CHAPTER 40.

An Act to amend the "Liquor Licence Act. i i s i i r ion, c 142 , 1912, c 20

[1st Match. 191.1.]

H IS MAJESTY, bv and with Hie advice and consent of the Legislative A«senibly of the Province of British Columbia,

enacts as follows:—

1. This Act nia\ be cited as the» ment A(t. J!) 13."

Liquor Licence Act Amend si.ort title

2. The "Liquor Licence Act." being chapter 142 of the ".Revised Statutes of Rritish Columbia, 1011," is herein amended b\ inserting the follow in<; as section .'!v:-

"3*. Nothing in this or an\ oilier Act. or in any municipal b\ law, \ot to apply to -relating to the sale of intoxicating liquor shall appl\ —

"((/ I To any person who holds a licence as auctioneer selling °'ic I>J nuciioncer liquor ar public auction Provided that the liquor being sold foinis part of the properh or estate of a debtor who has made an assignment for the benefit of his creditors, and is named in the inventory thereof, and offered for sale under instructions from the assignee for the benefit of the creditors of such debtor, and thai the stock of such liquors- is not broken for the purpose of such sale and is not removed from the place in which such liquors were originally exposed under licence.

"(''•I To (he sale of am liquor In virtue of an execution or sale under c\ecu . . . , . . . * ' Hon

other judicial process: "(''•I To a bona fide sale bv a licensee of his stock of liquors smc with transfer

. , . . . <>f l i cence

in conjunction with a sale and transfer of his interest under the licence."

3. Sections l.'L 16, .'ID, Gil, (ill, (»1, (»4, fifi, (i«, C7, and «8 of said i«M>eni ekttpter 142 and section 4 of chapter 20 of the Statutes of 1!M2 are hereby repealed.

CHAP. 40. LICENCES, LiguoB (AMENDMENT). 3 GEO. 6

Amends c. 71.

Closing.

Penalty for breaci.

4. Section 71 of said chapter 142 is hereby amended by inserting between the * jrds " retail " and " on," in the second line, the word* " in quantities not exceeding one imperial qnart in any one act of vending to any one passenger."

5. Section 73 of said chapter 142 is hereby repealed, and the following is substituted therefor:—

'• SJNPAY CLOSING AND PBOHIBITED HOURS,

" 73. (1.) In all places where liquor is or may be sold by whole­sale or retail within the limits of the Province, no sale or other disposal of liquor shall take place therein, or on the premises thereof or out of or from the same, to any person or persons whomsoever; and no person and no licensee holding any licence for the sale of liquor shall sell or give any liquor from or after ten of the clock on Saturday night until seven of the clock on the Monday morning thereafter, nor from or after eleven of the clock at night until seven of the clock in the morning on the other nights of the week, nor during the whole of the day, up to the closing of the poll, upon which polling takes place at any municipal or Provincial election, nor during any hours or other days during which by any Statute in force in the Province the same or the warehouse or the bar room or the store-room thereof are to be kept closed; nor shall anj liquor, whether sold or not, be permitted to be drunk in any of such places during the time prohibited by this Act or by any other Act of the Legislature for the sale of the same, except In the occupant or some member of his family.

"(2.) Violation of any of the provisions of this section shall be an offence for uiiich the person violating shall be liable, on sum niary conviction.—

••(«.) For the first offence, to a penally of not more tliau one hundred dollars, and, in default of payment forthwith after conviction, to not more than four months' imprison­ment:

"(&.) For the second or any subsequent offence, to a penalty of not less than one hundred dollars nor more than two hundred dollars, and, in default of payment forthwith after conviction, to not less than four months' nor more than six months' imprisonment.'"

R 75 repealed

Hieeptlong.

Modioli purposed.

6. Section 75 of said chapter 142 is hereby repealed.

ind the 7. Section 7(> of said chapter 142 is hereby repealed, following is substituted therefor:—

'• 70. (1.1 The provisions of this Part of this Act shall not prevent the furnishing of liquor:—

"(a.) For medical purposes, upon prescriptions signed by ft legally qualified medical practitioner, or upon requisition signed by a Justice of the Peace; but every such reqnisi-

22fi

1913. LICENCES, LIQUOB (AMENDMENT). CHAP. 40 .

tion shall be kept by the licensee until tbe time for his next application for a renewal of his licence, and shall be forwarded to the licensing authority with the docu­ments relating to such renewal:

"(6.) The furnishing of liquor with meals, but not otherwise, nonande traveller in any hotel dining-room to any bona-flde traveller who arrives at the place in which the hotel is situate by any regular means of conveyance in the prosecution or upon the termination of a regular journey: Provided always <;.at excursionists travelling for pleasure or by means of couvejance whatsoever shall not be deemed to be bona-fide travellers. R.S. 1911, c. 142, s. 76, subsec. (1).

"(2 ) Am chemist or druggist duh registered and entitled to chemists and • ' ' druggists

carry on business under and by virtue of any Act of the Legislature may keep, have, and vend liquor in the course of his business, but for stricth medical purposes only, and upon prescription from a registered medical practitioner and in accordance with the terms of such prescriptions. R.S. 1911, c. 142, s. CO.

"(3.) Any medical practitioner or Justice of the Peace who colour- onioe certificate ably for medical purposes gives a certificate or requisition without which liquor could not law full,) be obtained to enable or for the purpose of enabling any person to obtain liquor to drink as a beverage «.hall be guilty of an offence, and, on summary conviction thereof, be liable to a penalty of fifty dollars, and, in default of I'l-na't» payment forthwith after conviction, to a month's imprisonment.

"(4.1 The provisions of this Part of this Act shall not apply to nona iwie meals the case of hotel and restaurant keepers supphing liquor to their guests in dining room with regular bona fide meals. R.S. 1911, c 142. v. 7(>, subsec. (2)."

8. Seition 77 of said chapter 142 and section 5 of chapter 20 of the Statutes of 1912 are hereby repealed, and the following is substituted therefor.—

"77. (1.) No sale, gift, barter, or other disposal of liquor shall sale prohibited he made to, and no licensee holding any lueuee for the sale of liquor shall sell, barter, give, deliver, or furnish for any purpose or on any pretext whatsoever any liquor, or permit any liquor to be sold, bartered, given, delivered, or furnished for any purpose or on any pretext whatsoever, to—

"(«.) Any person apparently under the influence of liquor: "(''•I Any dipsomaniac or any person who has acquired the

reputation of being a drunkard, or is openly and notori­ously of drunken habits, or addicted to drunken debauches or sprees:

u(c) Any person who openly and notoriously wastes IUR money in drinking liquor and in riotous living to the detriment of his family or those dependent upon him:

227

CHAP. 40 . LICENCES, LIQUOR (AMENDMENT). 3 GKO. 5

"(d.) Any vagrant or any tramp: "(e.) Any minor: "(/.) Any chauffeur as defined in the ' Motor-traffic Regulation

Act ' : "(o\) Any prostitute; or "(ft.) Any Indian.

(2.) Any licensee contravening or being guilty of an offence against any of the provisions of this section shall be liable to the same penalty as is provided in subsection (2) of section 73 as eracted by this Act."

9. Part VI. of said chapter 142 and sections C, 7, S, 9, and 10 of chapter 20 of the Statutes of 1912 are hereby repealed, and (he following provisions are substituted Jierefor:—

" PART VI.

\'i.-

IU

Fees.

Display of licence,

Ono bar-room.

View into Imr-room not to lie olwtriicteil

millnrd roonq, cto.

" FEES.

"80. All fees paid under this Act shall form part of the Consoli dated Revenue Fund:

"(fl.) The Superintendent of Provincial Police and every Gov­ernment Agent shall have power to collect and receipt for fees under this Act. and all such fees shall, by the collecting official, be transmitted to the MinisiVr of Finance and Agriculture. U.S. 1911, c. 142, s. 80

" REGULATIONS, PROHIBITIONS, AND PENALTIES.

"(a.) Licensees and Licensed Premisrs.

" 81. (1.) Every licence for the sale of liquor shall be prominently and publicly displayed in some part of the premises upon which liquor is sold under such licence. R.S. 1911, c. 112, s. 9G.

"(2.) Not more than one bar shall be kept in any premises in respect whereof a licence to sell liquor by retail is granted. R.S. 1911, c. 142, s. 61.

"(3.) Full view of the interior of the bar-room in any licensed premises or of the room where liquor is usually sold in any wholesale premises shall not during prohibited hours be obstructed by means of screens, shades, blinds, or frosted, ground, or coloured windows.

"(4.) No billiard, pool, or other tables shall be permitted in the bar-room of any licensed premises, and no liquor shall be sold or supplied in any room in any licensed premises set apart or used for such games.

"(5.) No musical instrument, dancing, or other form of entertain­ment shall be permitted in such bar-room.

"(G.) Any person contravening or committing any breach of any of the provisions of this section shall, on summary conviction, be

228

1913. LICENCES, .LIQUOR (AMENDMENT). CHAP. 40.

liable to a penalty of not more than one bund'— •' dollars, and, in default of immediate payment, to imprisonment tor a term not exceeding three months.

" 82. No licence for the sale of liquor by retail shall be granted Protection of n-un 1 " ^ lous and educational

in respect of any premises situated within a radius of three hundred institutions feet, measured along any travelled road, street, or way, from any building occupied exclusively as a church, or as a high school, or as a public school, or university or college, or any public educational institution, the mode of measurement to be from the main entrance of any such buildings as aforesaid, following the centre line of any street, road, or highway and across the same at right angles, between the aforesaid premises and any of the above described classes of buildings affected, or alleged to be affected, by the granting of the licence applied for: Provided that the erection of any religious or educational building or institution shall not work a cancellation of any licence theretofore in existence, ll.ti 1911, c. 142, s. 39.

u83. (1.) All bottled liquors brought upon any premises upon nnttied liquors not , . , , , , - , . • • -, j ' , . i , , , to he mixed in the

which the sale of liquor is carried on under anv licence shall be uotties and i.ottus kept while on the licensed premises in the bottles m which such the licensee liquors are delivered to such licensed premises, and in no case shall any other liquor or any substance or liquor be put into any such bottle, and no bottle, after being emptied of such bottled liquor, shall be refilled, either partially or wholly, unless the original label is removed and the bottle correctly relabelled as to the contents; and no person selling liquor under an\ licence shall use or permit i -" of t\\-e miici. .. i i • i i i ' , , ! , , ^, . e t c , prohibited to be used °ny sign or label upon any bottle, cask, or other vessel in which liquor is kept for sale upon the licensed premises which do»s not correctly and truly slate the nature of the contents of such bottle, cask, or other vessel, or which is in any manner calculated to mislead a customer or guest as to the nature, description, or quality of such contents, or adulterate any liquor or permit any liquor to be adulterated. R.S. 11)11, c. 112, s. 03.

l'{'2.\ Any person contravening or committing any breach of any co»tr«\entiou of the provisions of this section shall be liable, on summary convic­tion, to a penalty of not more than one hundred dollars, and, in default of immediate payment, to imprisonment, with or without hard labour, for a term not exceeding six months.

"81 (1.) Xo holder of any licence for the sale of liquor by retail \ iir-mw. not to shall make or enter into, directly or indirectly, or be or become a re'-'tSctuiK purcnast"* party to, any contract, covenant, agreement, undertaking, stipula- of 1<,,lor

Hon, or bargain, written or verbal, which has the effect of Imposing, or is intended or purports to impose, any restriction whatsoever upon such licence-holder as to the person from whom or the locality in which the liquor shall be purchased by or supplied for sale to such holder of a licence.

"(2.) Every covenant, contract, agreement, undertaking, stipula- contracts restrict­ion, or bargain, written or verbal, hereafter entered into by the <"fd»«",rhBW t 0 bc

22!)

CHAP. 40. LJCKNCKS, LIQUOR (AMENDMENT). 3 GEO. 5

BtgnUtlop of premises.

Intoxicated pcreoni mar be refused admittance or expelled.

holder of any licence for the sale of liquor by retail, or br any other person acting for or on his behalf with any brewer, dis tiller, manufacturer, or wholesale merchant, which has the effect of imposing, or is intended or purports to impose, upon am vuch licence-holder any restriction whatsoever as to the person from whom or the locality in which liquor shall be purchased or supplied for sale, shall be absolutely void and of no effect to all intents and purposes whatsoever. R.S. 1911, c. 142, s. 95.

"85. (1.) No licensee holding a licence for the sale of liquor by retail shall—

''(».) Suffer or allow any woman to purchase or to be >er 1 with liquor in the bar-room of the premises in resjiert of which such licence is held:

"(6.) Suffer, permit, or allow the playing of any gambling game or game of chance, or the shaking of dice, or suffer, permit, or allow any of the games known as draw-poker, stud-poker, black-jack, faro or roulette, or any other game or device of chance to be played for money, or foi cheques, or for devices which represent money, in or on any part of the hotel or premises in connection therewith for which such licensee holds a licence to ««11 liquor by retail as aforesaid:

"(c.) Have or keep or operate, or permit to be brought H|M>D,

kept, or operated, in or upon the licensed premise!- any nickel-iu-the-slot machine or machine of similar nature, or any machine or device for gaming, or for operating or playing with for money, tokens, or prizes, or i.'•suits of any nature or kind whatsoever. U.K. 1911, c. 142. s. <<:•..

•'(2.) Any person contravening or committing a breach of any of the provision of this section shall, on summary conviction, he liable to a penalty of not more than one hundred dollars, and, in default of immediate payment, to imprisonment, with or vsithout hard labour, for a term not exceeding six months.

"86. (1.) No licensee shall sell liquor by wholesale or retail to any person whom he knows, or whom he has reason to believe, to be engaged in selling liquor without a licence or engaged in supply­ing Indians with liquor. K.S. 1911, c. 142, s. 60.

"(2.) Any person contravening this section shall, on summary conviction, be liable to a jienalty not exceeding one hundred dollars, and, in default of immediate payment, to imprisonment, with or without hard labour, for a term not exceeding six months.

"87. Any licensee may refuse to admit to the premise.! in respect of which his licence is granted any persoi. who is intoxicated, and may refuse to admit to and may turn out of the premises any person who is violent or quarrelsome or disorderly, and any person whose presence on his premises would subject the licensee to a penalty under this Act; and any such person who, upon being requested in

230

1913. LICENCES, LiQuon (AMENDMENT). CHAP. 40 .

pursuance of this section by such licensee or his agent or servant or any constable to quit such premises, refuses or fails, to do so shall be guilty of an offence, and on summary conviction thereof be liable to a j>enalty of five dollars, and, in default of payment forthwith Penalty, after conviction, to one week's imprisonment; and all constables are required, on demand of such licensee, his agent or servant, to exjiel or assist in expelling every such person from such premises, and may use such force as may be necessary for that purpose.

•• SS. (1.1 Xo licensee having a brewer's or distiller's licence or a Liquor not to be wholesale licence for the sale of liquor shall allow any liquor sold me licensed bj him, or in his possession or under his control, to be consumed by any person whomsoever withiu his brewery, distillery, or ware­house, or within any building of which such brewery, distillery, or warehouse forms part, or which is connected by any entrance with such brewery, distillery, or warehouse.

"i'2.) No person purchasing liquor from any licensee holding a brewer's, distiller's, or a wholesale licence for the sale of liquor shall consume, or allow to be consumed, any liquor purchased by him from such licensee within the brewery, distillery, or warehouse where such liquor is purchased, or within any building of which such brewery, distillery, or warehouse forms part, or which connects therewith by any entrance. U.S. 1011, c. 142, s. 59 (rcdratcn).

'•<'.' i Xo licensee having a brewer's or a wholesale licence for the sale <>( liquor from the licensing authority of any municipality shall, either himself or by an agent, sell liquor, or allow liquor in his possession or under his control to be sold, or solicit for orders for liquor, outside the municipality in which he is so licensed, without having had first granted to him a wholesale licence under the provisions of Part I. of this Act. 1912. c. 20, s. 4 (offered).

" <V». The competent licensing authority shall have power to, aud canceiutiou or . . . . suspension

nun. in the event of a voutra\ention by any licensee of any of the !>ro\ isioiis of the next preceding section, or of the terms of his licence, or fur other good cause, either cancel such licence absolutely, or suspend such licence and all rights of the licensee thereunder for a period of three calendar months from the first day of the month next following the ascertainment by the licensing authority of the fact of such contravention having occurred:

"(a.) Any licensee vending any liquor during the currency of any period of suspension shall thereby contravene and be guilty of the offence of selling liquor without a licence. R.S. 1911, c. 142, s. 10 (altered).

"9li. Any person who purchases liquor from any licensee at any sale during pro-time during which the sale of liquor is prohibited by this Act shall, on summary conviction thereof, be liable to a penalty of ten dollars, ana, in default of payment forthwith after conviction, to ten days' imprisonment.

231

hlblted hour».

CHAP. 40. LICENCES, LiguoH (AMENDMENT). "J GEO. 5

Interdict not allowed la b«r.

Interdict!.

" Interdicts.

" 91. The holder of a limice, whether granted under the provi­sions of this Act or by any licensing authority, shall not suffer or permit any interdicted person to frequent or loiter in any room or place in his licensed premises in which there is a bar or in which liqoor is kept for sale; and any licensee who contravenes this provi­sion shall be liable, on summary convictioi, to a penalty of twenty dollars, and, in default of payment, to inipr sonment, with or without hard labour, for thirty days. 1912, c. 20. s. 9.

" 92. Any constable or peace officer may arrest, without informa­tion or warrant, any interdicted person whom he finds in a state of intoxication or under the influence of liquor or with liquor in his possession, and may detain him until he can be brought before the nearest Police or Stipendiary Magistrate or Justice of the Peace having jurisdiction in the locality in which the arrest is made, who is hereby authorized and required to proceed summarily aud examine, without any unnecessary delay, such interdicted person on oath as to the person from whom, where, and when such liquor was procured: and if such interdicted person refuse to disclose from whom, where, and when he procured such liquor, he shall be liable, upon summary conviction, to a penaln "f twenty dollars, and. in default of payment, to imprisonment, with or without hard labour, for a term of thirty da\s, or he shall be liable to imprisonment. Viitli or without hard labour, without tin- option of a fine. 1012, c. 20. s. 8.

"93. Upon any prosecution for a contravention of any of the provisions of Part V. of this Act. relating to the sale or gift of liquor to an interdicted pen-on, such interdicted person shall be a compellable witness; and if he refuse, upon examination, to state or give information of the person from whom, the place where, and the time when be procured the liquor, he shall be liable, upon summary conviction, to a penalty of twenty dollars, and, in default of payment, to imprisonment, with or without hard labour, for a term of thirty days, or to imprisonment, with or without hard labour, without the option of a fine. 1012, c. 20, s. 7.

" 94. The Inspector of Licenced Premises mav, and any police licensed premises to . " nkc «ample*. officer or constable may, at any time enter into and upon any

premises upon which the sale of liquor is carried on under any licence at any time in the exercise of his duty, and may take from the liquors there found sufficient quantities and samples for the purpose of analysis. K.S. 1911, c. 142, s. 94.

"(b.) Licensees' Protection Clauses.

"95. (1.) Save as in this Act otherwise provided,— "(a.) No person shall sell, vend, barter, or dispose of in any

manner whatsoever any liquor without having first duly obtained a licence authorizing him so to do; and

232

Interdicts.

Itlgtat of entry on i l l *

Prohibition of on-lleensed tales.

1913. LICENCE», LIQLOH (AMENDMENT). CHAP. 40.

••(6.) yo person shall keep or have any liquor for the purpose Unlawful to «tw* . . . . . « , , . . ,. . ? . . . - Mquor without

of selling, trafficking, or trading therein, or bartering lucnc*. therewith, unless duly licensed to sell liquor. R.8. 1911, c. 142, ss. 66, 67.

'•(2.) Any person contravening or committing any breach of any r-enaity. of the provisions of this section shall, upon summary conviction thereof, be liable to imprisonment, with hard labour, for a term of not less than six months and not more than twelve months for a first offence; and for a second or any subsequent offence, to imprison­ment, with hard labour, for not less than twelve and not more than twenty-one months.

•• 96. Any person who purchases liquor from any person within rurchase from un-the Province (other than a chemist or druggist) not licensed to sell liquor, o- who purchases liquor stored on unlicensed premises, shall, on summary conviction thereof, be liable to a penalty of not less than twenty and not more than fifty dollars, and, in default of immediate payment, to imprisonment, with or without hard labour, for a term not exceeding three months.

"117. (1.) Any Inspector of Licensed Premises, police officer, KiKiit to search, policeman, constable, or inspector shall, for the purpose of prevent­ing or detecting the violation of any of the provisions of this Act, at any time have the right to enter into any and every part of any building or place wherein refreshment or liquors are sold or reputed to be sold, whether under licence or not, or where he believes liquors are kept for sale contrary to law, and to make searches in every part thereof and of the premises connected therewith, as he may think necessary for the purpose aforesaid; and for such purpose may, with such assistance as he deems expedient, break open any door, lock, or fastening of such premises or any part thereof, or of any closet, cupboard, box, or other receptacle which might contain iiquor.

''(2.) Every person being therein or having charge thereof who ronaitr for r<fusins refuses or fails to admit any such Inspector of Licensed Premises, "fflwra.ncc

police officer, policeman, constable, or inspector demanding to enter, in pursuance of this section, in the execution of his duty, or who obstructs or attempts to obstruct the entry of such Inspector of Licensed Premises, police officer, policeman, constable, or inspector, or any such searches as aforesaid, shall be guilty of nn offence against the provisions of this Act, and be liable to a penalty not exceeding one hundred dollars, and, in default of immediate payment, to imprisonment, with or without hard labour, for a period not exceeding six months. R.S. 1011, c. 142, s. !)!).

"08. Any inspector, policeman, constable, or officer, if he believes rower of March, that liquor intended for sale or to be kept for sale in violation of this Act is contained in any vehicle on a public highway or else­where or is concealed upon the lands of any person, shall have power without warrant to search for such liquor wherever he may

333

CHAP. 40 . LICKNCBS, LMJUOB (AMSNDMKNT). 3 GKO. 5

suspect it to be, and if need be by force, and may search the person himself, and may seise and remove any liqnor foond and the vessels in which the same is kept.

Mnre *nd for- ' " 99. When any inspector, policeman, constable, or officer, in and roads. making or attempting to make any search under or in pursuance

of the authority conferred by sections 97 and 98 of this Act, finds in an unlicensed house or place any liquor which in his opinion is unlawfully kept for sale or disposal contrary to this Act, he may forthwith seize and remove the same and the vessels in which the same is kept; and upon the conviction of the occupant of such house or place or any other person for keeping liquor for sale in such house or place without licence, the Magistrate making such conviction may in and by the said conviction declare the said liquor and vessels or any part thereof to be forfeited to his Majesty, and order the same to be forthwith destroyed.

PDWUS of lnspcc- " 100. (1.) Where an inspector, policeman, constable, or officer ton. etc regarding - , , . . . .. . - j i- i U

Uquon lo transit finds liquor in transit or in course of delivery upon the premises of any railway company or at any wharf, railway-station, express office, warehouse, or other place, and believes that such liqnor is to be sold or kept for sale in contravention of this Act, he may forthwith seize and remove the same and the vessels in which the liquor is kept.

'•(2.) When liquor is found on unlicensed premises or in any place in such quantities as to satisfy any chief constable, chief of police, constable, policeman, or inspector, after careful inquiry, that Mich liquor is being kept for the purpose of unlawfully selling or disposing of the same, it shall be lawful for such chief constable, chief of police, constable, policeman, or inspector to seize and remove, by force if necessary, any liquor so found and the vessels in which the liquor is kept.

DUpoaitioD of " 101. (1.) If within thirty days from the date of seizure no peisou q u o ' claims to be the owner of such liquor, such liquor and any vess-els

containing the same shall be forfeited to His Majesty and shall be destroyed.

"(2.) If within the said time any claimant appears, it shall be incumbent on him to prove his claim and his right (as licensee or as agent of a licensee, but not otherwise) to the possession of such liquor and vessels to the satisfaction of any Police or Stipendiary Magistrate or any Justice of the Peace, and on failure to prove and establish his claim the liquor and vessels shall be forfeited to His Majesty and shall be destroyed.

VeaaeU carnrinc " 102. If it is proved before any Police or Stipendiary Magistrate «ale to be forfeited, or two Justices of the Peace that any vessel, buat, canoe, or convey­

ance of any description, upon the sea-coast, or upon any river, lake, or stream, is employed in carrying any liquor for the purpose of selling or disposing of the same illegally, such veasel, boat, canoe, or conveyance so employed may be seized and declared forfeited

23*

1913. LICENCES, LiQton (AMENDMENT). CHAP. 40 .

and sold, and the proceeds thereof paid into the Consolidated Revenue Fund or to the municipal treasurer, as the case may be.

•'103. (1.) No person within the Province shall vend, sell, barter Extracts, or exchange, or keep or have in his possession any prepaiation, mixture, compound, ingredient, or substance for the purpose of unlawfully manufacturing liquor therefrom or by means thereof; and no such person shall vend, sell, barter or exchange, or keep or have in his possession any liquor unlawfully manufactured from any such preparation, mixture, compound, ingredient, or substance.

"(2.) Any person contravening any provision of this section shall, on summary conviction, be sentenced to imprisonment, with hard labour, for a term of twenty-one months; and if the offender be a corporation it shall forfeit the sum of one thousand dollars, to lie paid into the Consolidated Revenue Fund or into the municipal treasury, according to the circumstances of each case.

''(c.J Penalties not clsctchcrc provided.

•'104. Every person uho shall violate anv of the provisions of Penalty for offences *" ** Dot 8Dcciilly pro-

this Act for which violation no penalty is herein specially provided Udm for. shall be guilty of an offence, and on summary conviction thereof be liable to a penalty of n-it more than one hundred dollars, and, in default of payment forthwith after conviction, to imprisonment for not more than six mouths, with or wilhout hard labour.

" APPEALS.

•• 10."> Xo writ of certiorari shall KMIC for the purpose of quashing Affidavit of merits ain conviction for any violation or contravention of any of the onc< ' r t , o r a r-provisions of this Act unless the party applying therefor shall produce to the Judge to whom the application is made an affidavit i!iut he did not by himself or by his agent, servant, or employee, or In any other person, with his knowledge or consent, commit the offence for which he has been convicted; and such affidavit shall negative the charge in the terms used in the conviction, and shall further negative the commission of the offence by the agent, servant, or employee of the accused, or by any other person, with his knowledge or conseri.

" lOfi. No appeal shall lie from a conviction for any violaliou Affidavit of merits or contravention of any of the provisions of this Act unless thc°n a m w < l

party appealing shall within the time limited for giving notice of such appeal make an affidavit before the Justice or one of the Justices or the Police or Stipendiary Magistrate who tried the cause that he did not by himself or by his agent, servant, or employee, or any other person, with his ijnowledge or consent, commit the offence charged in the information ; and such affidavit shall negative the charge in the terms used in the conviction, and shal' further negative the commission of the offence by the agent, servant, or

235

CHAP. 40. LICENCES, LIQUOR (AMENDMENT). 3 GEO. 5

employee of the accused, or any other person, with his knowledge or consent; which affidavit shall be transmitted with the conviction to the Court to which the appeal is given.

" PLEADING AND EVIDENCE.

Description of offences.

Contents of Infor­mation, etc.

Precise description of Uqnor unneces­sary.

Proof of licence.

Burden of proof.

Proof of contra­vention,

" 107. The description of any offence under this Act in the words of this Act, or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information; but if it be so specified or negatived, no proof in relation to the matter so specified or negatived shall he required on the part of the informant or complainant. K.S. 1!)11, c. 142, s. 84.

"108. In describing Ihe offences respecting the sale or oilier disposal of liquor, or the keeping or the consumption of liquor, in any information, summons, conviction, warrant, or proceeding, it shall be sufficient to state the sale, disposal, keeping, or consumption of liquor simply, without stating the name or kind of such liquor, or the price thereof, or the name of any person to whom it was sold or disposed of, or by whom it was consumed, and it shall noi be necessary to state the quantity of liquor so sold, disposed of, kept, or consumed, except in the case of offences where the quantity is essential, and then it shall be sufficient to allege the-sale or disposal of more or less than such quantity as the case may require. K S. 1911, c. 142, s. 85.

" 109. In auy prosecution for the sale or other disposal of liquor without the licence required by law, it shall not be necessary that any witness should depose to the precise description of the liquor sold or bartered, or the precise consideration received therefor. K.S. 1911, c. 142, s. 89.

" 110. The production of a licence which, on its face, purports to be duly issued, and which, were it duly issued, would be a lawful authority to the defendant accused for an act or omission, shall be prima facie evidence that the defendant accused is so authorized; and in all cases the signature to and upon any instrument purport­ing to be a valid licence shall, prima facie, be taken to be genuine. R.fl. 1911, c. 142, s. 92.

" 111. In any prosecution, whenever it appears that the defendant or accused has done any act or been guilty of any act or omission in respect of which, were he not duly licensed, he would be liable to some penalty, it shall be incumbent upon the defendant to prove that he is duly licensed. K.S. 1911, c. 142, R. 91.

" 112. In proving the sale or disposal, gratuitous or otherwise, or consumption of liquor, it shall not be necessary in any prosecution to show that any money actually passed or any liquor was actually consumed, if the Magistrate hearing the case be satisfied that a

236

1913. LICENCES, LIQUOB (AMZNDMKNT). CHAP. 40.

transaction in the nature of a sale or other disposal actually took place, or that any consumption of liquor was about to take place; and proof of consumption or intended consumption of liquor on premises in respect to which a licence is required, by some person other than the occupier of the premises, shall be evidence that such liquor was sold to the person consuming, or being about to consume, or carrying away the same, as against the occupant or the licensee of the premises. R.S. 1911, c. 142, s. 86.

" 113. In any prosecution or proceeding in which proof is required Prosecutions of respecting any house, shop, room, or other place in which are proved to exist a bar, counter, beer-pumps, kegs, jars, decanters, tumblers, glasses, or any other appliances or preparations similar to those usually found in taverns, saloons, and shops where liquor is accus­tomed to be sold or trafficked in, it shall be deemed to be a place in which liquor is kept or had for the purpose of being unlawfully sold, bartered, or traded in, unless the contrary is proved by the defendant in any prosecution; and the occupant of such house, shop, Evidence M keeper room, or other place shall be taken conclusively to be the person who has or keeps therein such liquor for sale, barter, or traffic therein. R.S. 1911, c. 170, s. 324.

'• 114. The fact of any person, not being a licensed person, keeping proof of unlawful up any sign, writing, painting, or other mark in or near to his house or premises, or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce reasonable belief that such house or premises is or are licensed for the sale of any liquor, or that liquor is sold or served therein, or that there is on such premises more liquor than is reasonably required for the poisons residing therein, shall be deemed prima facie evidence of the unlawful keeping for sale of liquor by such person. R.S. 1911, c. 170, s. 32G.

" 113. In any prosecution for the unlawful sale or other disposal nudc-nce of of liquor or for the unlawful keeping of liquor for sale or olhc. disposal, it shall not be necessary that any witness should depose directly to the precise description of the liquor sold or bartered, or the precise consideration therefor, or to the fact of the sale or othei disposal having taken place with his participation or to his own personal and certain knowledge; but the Justices, Police Magistrate, or Court trying the case, so soon as it appears to them or him that the circumstances in evidence sufficiently establish the infraction of law complained of, shall put the defendant on his defence, and, in default of his rebuttal of such evidence, convict him accordingly. fi.8. 1911, c. 170, s. 329.

" 11(5. The Magistrate trying a case shall, in ihe absence of proof Proof that liquor . . * . * . Intoxicating. to the contrary, be at liberty to infer that the liquor m question is intoxicating from the fact that a witness describes it as intoxicating, or by a name which is commonly applied to an intoxicating liquor. K.S. 1911, c. 142, s. 90.

2:17

CHAP. 40. LICENCES, LIQUOR (AMENDMENT). 3 GEO. 5

Uabllity of occu­pant of prentlie*.

•4*5 1*

til

1

Breach of offence by employee.

Dissolution of part­nership

Each member of Drin liable

Effect of conviction against member of Arm.

Age of perwin questioned

Application to prosecution» In iimnlclpalltlea

" 117. The occupant of any house, shop, room, or other place in which any sale, barter, or traffic of liquor, or any matter, act, or thing in contravention of any of the provisions of this Act, has taken place shall be personally liable to the penalty and punishment prescribed in this Act, notwithstanding such sale, barter, or traffic be made by some other person who cannot be proved to hare acted so nnder or by the directions of such occupant; and proof of the fact of such sale, barter, or traffic, or other act, matter, or thing, by any person in the employ of such occupant, or who is suffered io be or remain in or upon the premises of such occupant, or to act in any way for such occupant, shall be conclusive evidence that such sale, barter, or traffic, or other act, matter, or thing, took place with the authority and by the direction of such occupant. U.S. 1911, c. 142, s. 88.

" 118. Every offence against the provisions of this Act committed by the employee, servant, agent, or workman of any person holding any licence for the sale of liquor, or of any person unlawfully selling liquor, shall be deemed to be the offeuce of the person holding such licence or uf the person so unlawfully selling liquor, as the case may be, and such person shall be answerable for and shall be punished for such offence: Provided that nothing herein shall absolve the actual offender from guilt and punishment, but be shall be punished also. R S . 1011, c. 142, s. 98 (changed).

" 119. (1.) A licence to sell liquor granted to any firm or partner ship shall, without any formality, enure to the benefit of (lie remaining partner or partners continuing to carry on the business in the event of the withdrawal or removal of any of them 1>\ dissolution or any other determination of the partnership.

"(2.) Each member of a licensed partnership shall be liable to the penalties imposed against licensees for breach of the provisions of this Act.

"(3.) For the purposes of the consequences of any conviction under this Act, a conviction against any person who is a member of a licensed partnership, whether made while he is a member of such partnership or prior thereto, shall have the same effect as if such conviction had been against each member of the said partnership. B.S. 191 J, c. 142, s. 97.

" 120. Where a person is charged with an offence under this Act and the question of his age is material, and such person is alleged to be under any specified age, but the Magistrate hearing the charge is of the opinion that such person is under that age, such person shall, for the purposes of tins Act, be deemed to be under that age, unless the contrary is proved. Ii.S. 1911, c. 107, s. 116.

" 121. All the sections of this Part of the Act under the caption ' Pleading and Evidence,' commencing with section 107, shall have application in all prosecutions, trials, and proceedings had and taken not only under this Act, but also under any by-law lawfully

238

1913. LICENCES, LIQUOR (AMENDMENT). CHAP. 40.

passed by any licensing authority and in force in any municipality: and for the purposes of this section the word ' Act ' in the said gectious shall include ' by law,' the word 'licence' shall mean a licence granted by a licensing authority, and the word 'licensee' shall mean anj person holding such licence.

" TIME.

" 122. Notwithstanding anything in the 'Interpretation Act ' AH <»er the Prov , , - . . . , . , T . Inco time is t ight

contained, whenever an expression of time occurs in the ' Liquor hou*s behind _ . . . , . , , ,. , . , . , . (JiecnulcU time

Licenie Act ' or in any amendment thereof, or in anj subsisting liquor by law lawfully passed by any liceusing authority, the time referred to shall be the time at the one hundred and twentieth meridian of west longitude (passing through a point about fifteen mile* east of the City of Kamloopsi, which is eight hours behind (Sreeiiwich time and is generally known as Pacific Standard t ime"

vieroni i, n c l'riiilpd by WlM'AXt 11 Ci r f IN rr lnt t r If tin Mugs Most Exccllmt Mnjosll

1913

2.1!)