Licensing Court (SA) v Cummins [1919] HCA 47

26 HIGH COURT (1919,

(HIGH COURT OF AUSTRALIA.)

THE LICENSING COURT (SOUTH AUS- )

TRALIA) is pices + «| APPELLANT;

AND

CUMMINS . Fi s $ ' . _ + RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

H. ©. or A. Licensing—Forfeiture of licence—Jurisdiction of Licensing Court—Management of

1919. premises not satisfactory—Acts amounting to offences—Licensing Act 1917 ew) (S.A.) (No. 1322), secs. 80, 81. ADELAIDE,

lhe 96; See. 80 of the Licensing Act 1917 (S.A.) provides that "(1) If any person Oct. 1." holding a licence under this Act is within a period of two years convicted two several times of offences for which his licence is liable to be forfeited as

Barton,

Duty in this Act provided . . . the Special Magistrate or justices by whom such person is convicted for the second offence, or the" Licensing "Court for the district in which the licensed premises in respect of which such person

holds a licence are situate, may, or if any person holding a licence under this Act is within a period of three years convicted three several times of such offences as in this section before mentioned, the Special Magistrate or justices by whom such person is convieted for the third offence, or the" Licensing "Court as in this section before mentioned shall, upon information by any person and on proof of the convictions, . . . declare such licence to be forfeited, and such licence shall thereupon cease to be of any force or effect, and the person whose licence is so forfeited shall thereupon be disqualified for a term of two years from holding any licence under this Act. (2) No such declaration of forfeiture shall be made by the" Licensing 'Court except upon information lodged with the Clerk within four months after such second or third conviction (as the case may be) as aforesaid, and upon seven days' notice of the hearing of such information, and of the time and