A month later the Governor adopted their recommendation and issued a General Order in which he explained what he meant to do and why he meant to do it.[1] It had, he said, been represented to him "that it would be a great accommodation to the labouring people, and to the lower classes of the inhabitants in general, to have plenty of good wholesome beer brewed for their drinking and permitted to be retailed to them at a moderate price; his Excellency the Governor in view to their convenience as well as to encourage the settlers … to grow barley for this and other purposes, has been pleased to direct licenses to be granted to fifty persons at Sydney to vend and retail beer. …" The licensee was to pay £5 and give security in £25 for himself and produce one surety in like sum, promise to keep an orderly house and not to sell wine or spirits.
But there was an illicit trade in beer as well as spirits of which the suppression had to be attempted. In December an Order was issued imposing a fine of £20 on unlicensed vendors, half to go to the informer.[2] Applications were at the same time invited for four licenses in the country districts in order that the advantages of "good wholesome beer" might be enjoyed in all parts of the settlement.
In the following year a Proclamation dealt at large with the retail liquor trade.[3] The process for levying fines for unlicensed vending was strengthened, but the magistrate was given power to mitigate the penalty in any sum not less than £5.[4] The sworn testimony of one trustworthy witness was declared sufficient evidence for a conviction, and the proceedings might take place before a single magistrate. The prosecution must be initiated within three months of the offence, and a conviction disqualified a publican from receiving a license at any future time. To sell in quantities of less than two gallons was to retail, and any one therefore selling in such quantities must have a license.[5] Payments by pawn or pledge were forbidden, and no sum of less than 20s. contracted at one time would be recovered in the Courts.
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