International Hotel Limited v McNally [1940] HCA 26

Pov

C1366) 754 SASR 12

H.C. or A.

1940. eae; ADELAIDE,

Sept. 17, 18.

MeEvBourNE, Oct. 11.

Rich J., Starke, e, Dixon,

McTiernan JJ.

HIGH COURT

[HIGH COURT OF AUSTRALIA.)

INTERNATIONAL HOTEL LIMITED APPELLAN APPELLANT, AND McNALLY REsPonpeEnt. REsPONDENT,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

Liquor—Licensing—Limited-company licensee—Manager " deemed" to be Ti —Forfeiture of licence—Forfeiture "if any person holding a licence is . . convicted" —Commission by manager of offence involving forfeiture—Change of manager between date of offence and date of conviction—Licensing Act 1932-1936 (S.A.) (No. 2102—No. 2303), secs. 7 (2), 85*—Acts Interpretation Act 1915- 1936 (S.A.) (No. 1215—No. 2293), sec. 22.*

Secs. 77 (2) and 85 of the Licensing Act 1932-1936 (S.A.) do not author the forfeiture of a licence unless the person holding or deemed to be holding the licence has within three years been convicted three several times of offen for which a licence is liable to be forfeited.

Pursuant to the Licensing Act 1932-1936 (S.A.) a limited company was th holder of a publican's licence in respect of a hotel. M. had been approved by the Licensing Court as manager of the licensed premises for the purposes the Act, and was accordingly, under sec. 85 (3) of the Act, deemed to be

* The Licensing Act 1932-1936 (S.A.)

provides :—By sec. 77 (2): "Tf any person holding a licence is within a period of three years convicted three several times of" certain " offences ; the special magistrate or jus- tices by whom that person is convicted for the third offence or the court shall declare the licence to be forfeited." By sec. 85:—'(1) A company incor- porated under the laws of the State, and with the sole object of carrying on the business of a licensed victualler, may hold a publican's licence in respect of one hotel only. (2) Upon