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June 2022

From "Dry" to "Wet"

The Liquor and Liquor Poll Ordinances

The name King O’Malley is quite well known around Canberra. As the Minister for Home Affairs he was prominent in the ceremony held to name our city in 1913. Perhaps he is just as well known for his opposition to the consumption of alcoholic beverages, or liquor which was the terminology of the time. This is due to his influence in ensuring that licences to sell liquor in the Federal Capital Territory (FCT) were not issued in its early years. The first ordinance issued in 1911 stated that ‘no licence to sell intoxicating liquor in the Territory shall be granted’. This however was just the start to a lengthy evolution of the laws governing the distribution of alcohol in Canberra and the FCT. Our Find of the Month for June highlights some of the records that document these changes.

Between 1911 and 1927 when many of the early Canberra buildings were being constructed the workers found workarounds to obtaining alcoholic refreshments. One commentator suggested that although the FCT at this time was a “dry” area it was one of the “wettest” in the world. Queanbeyan played an important role here, as licensed hotel owners in the town catered for patrons from the FCT each Saturday afternoon, who loaded into taxis or a friend’s car, travelled to their favourite hotel and then returned home with an ample supply of liquor for the coming week. There was no restrictions on the consumption of alcohol in the FCT, but no licences to sell liquor could be granted. While this wasn’t an ideal situation, it appears not much was done to rectify it until the seat of government started to move from Melbourne to Canberra in 1927.

Canberra’s demographic was changing and the authorities were forced to hold a local plebiscite to find out whether the existing system should continue or if liquor could be sold in the FCT, either under the control of the Federal Capital Commission or by issuing private licences. The overwhelming majority voted for the sale of liquor in the Territory. Initially this was done under “Commission control’ and a number of ‘cafes’ were established where alcoholic drinks could be purchased and consumed, but it was only a few years later that the government run cafes gave way to licenced private hotels.

Hotel Kingston brochure image 1.

Bottle department price list circa 1930's 2

Following the 1928 poll, the intention was to review the Territory’s liquor legislation every five years but it wasn’t until 1955 that ACT citizens were again polled on the Liquor Ordinance. Yet the ACT Advisory Council’s records show that it’s members discussed many and varied subjects relating to amendments to the ordinance in the intervening years.

The files reveal that the issue of special permits was entirely suspended during the second World War. In 1942

In the interest of the protection of young people and the lessening of abuses that were then current, …it was provided in the ACT law that in addition to the then existing prohibition of the drinking of liquor in public halls, it also be an offence for any person to have liquor in his possession or under his control in, or in the vicinity of such places. Provision for the issue of Special Permits was re-introduced in October 1946, but with a limitation that they be not issued for any entertainment the whole or any portion of which consists of dancing.

It seems liquor and dancing did not mix. The restrictions of the ordinance also extended to who was able to be employed by the licensees to serve liquor on their premises. In 1949 one licensee wrote to the Council pointing out that ‘if he were able to employ persons of either sex it would greatly alleviate his troubles in the staffing of his hotel’. He suggested changes to allow for women to be employed in bars as cashiers, to serve liquor in lounges, dining rooms and bars. The provisions of the ordinance at the time meant there would be nothing to prevent the employment of women as cashiers, but;

the use of women to sell, supply, or serve liquor in licenced premises is an offence, unless the female be the wife or daughter of the licensee and above the age of twenty-one years.

In 1948 the licence for Hotel Ainslie was due for renewal and consideration was given to it being converted into a ‘community hotel’. While a number of models from New South Wales and South Australia were canvassed by Council members, it wasn’t until 1954 that provision was made for this type of licence. There was another bigger issue gaining prominence in the mind of ACT residents at this time. The question of hotel closing times.

Hotel Kingston brochure 3

In May 1954 the Advisory Council recommended to the Minister for the Interior, Kent Hughes, that licenced restaurants be allowed to serve liquor with meals between noon and midnight. This was a result of growing pressure from representations made by local interests as well as changes to hotel opening hours in the States. The Minister agreed with the changes. However, there remained a bigger decision on the trading hours for hotels being changed from 6-00pm to 10-00pm closing. On this question, after a period of reluctance by the Council and Minister, the residents were asked to decide by way of a poll. In August 1955 Minister Hughes announced that a poll would be held in September. The day after the announcement the Canberra Times reported that;

No other principle could properly have been applied by the Minister for the Interior to the question of the hours for the sale of liquor in hotels in The Australian Capital Territory, than that this is a subject for determination by the people. This is in accord with Government policy as expressed in an ordinance made for the purpose of enabling the Minister to refer such matters to the electors.

Canberrans casted their votes on 17 September 1955, not only on the opening hours issue but also to elect their Advisory Council and Hospital Board members. Of the 13,689 residents that cast their vote, 7,355 voted for 10-00am to 10-00pm opening hours. This was an absolute majority but there was also a substantial number of 5,523 who voted for closing times to remain at 6-00pm, perhaps relishing a quieter life in the nation’s capital.

Canberra Times - Vote paper 4

Images used

1. ArchivesACT – A3539/140#02 - Liquor Ordinance and Liquor Poll Ordinance – Part 2

2. ArchivesACT – A3538/140#01 – Liquor Ordinance and Liquor Poll Ordinance – Part 1

3. ArchivesACT – A3539/140#02 - Liquor Ordinance and Liquor Poll Ordinance – Part 2

4. ArchivesACT – A3541/140#04 - Liquor Ordinance and Liquor Poll Ordinance – Part 4

References

i Provisional Government Ordinance 1911 – Ord1911-1 - https://www.legislation.act.gov.au/ord/1911-1/

ii Denning, W. – Capital City – Canberra Today and Tomorrow. The Publicist, Sydney. – 1938. p 62.

iii Ibid – p 65

iv Ibid – p 68

v ArchivesACT – A3539/140#02 – Liquor Ordinance and Liquor Poll Ordinance – Part 2

vi ibid

vii Canberra Times – Liquor Hours to be Referred to the People – 31 August 1955 – p 2. http://nla.gov.au/nla.news-page7139634 .

viii Canberra times – 10 PM Hotel Closing to Commence October 1. Mr Kent Hughes Announces. 21 September 1955 – p 1. http://nla.gov.au/nla.news-page7139779 .

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