an Order declaring the ports of New South Wales and Van Diemen's Land open for the importation of spirituous liquors as well as all other merchandise, "subject, nevertheless, to such duties as are now, or shall hereafter be laid upon them by the authority of this Government".[1] The duty on spirits was fixed at 7s. a gallon. It was levied on the quantity and not the strength, and consequently merchants imported spirit from 20 to 30 per cent, above London proof.[2] In 1818 the duty was raised to 10s. a gallon. There are no means of calculating the amount of liquor smuggled into the Colony, nor of deciding whether it increased when the duty was raised. Wentworth said it was very great, and with untrustworthy constables and so high a tax it is sure to have been considerable.[3]
From the year 1800 the retail trade in liquor had been regulated by a licensing system similar to that of England. Governor King was the first to deal with the subject, and his Orders were dated 27th October, 1800. Unlicensed vending was to be punished by a fine of £10 or two months' hard labour "on the hulk" for the first offence, and three months for the second.[4] In such cases a magistrate might issue warrants to the constables to search unlicensed houses and seize any spirits which they found. Half of it was to go to the informer and half to be sold for the benefit of the colonial revenue.
Under this Order licenses were granted annually by the Governor on the recommendation of the magistrates. The licensee paid £3 and gave security himself in £20 and two others in £10 each. No publican was allowed to sell liquor in the forenoon or during the time of Divine service on Sunday, and all public houses were cleared at the beating of "tap-too".[5] The penalty for infringement of these regulations was deprivation of the license and a fine of £5. Seamen, soldiers and convicts could not be given credit above 20s. A publican who sued such a customer for any sum above this was non-suited and had to pay treble charges.
