At every licensing poll there shall be submitted for the determination of the electors of every licensing district (other than a no-license district) the question whether licenses shall continue to be granted in that district.

The question shall be submitted in the form set forth in the First Schedule hereto, and in the manner prescribed by the principal Act as amended by this Act.

The question shall be so submitted concurrently with the question as to national prohibition hereinafter referred to.

When on the taking of any such poll in any such district the number of votes recorded in favour of the proposal that no licenses be granted in the district is not less than three-fifths of all the votes recorded in respect of the proposals submitted under section three hereof the proposal shall be deemed to be carried, and the electors of that district shall be deemed to have determined that no licenses shall be granted in that district.

Every such determination shall come into force on the day on which the declaration of the Returning Officer of the result of the poll is published, and every such determination shall remain in force until superseded by the coming into force of a subsequent determination in favour of the restoration of licenses under the provisions hereinafter contained.

On the coming into force of any such determination all licenses of every description then existing in the district shall, unless sooner forfeited or determined in due course of law, continue in force and effect until the expiration of the periods for which they were respectively granted, and shall then lapse.

If the proposal that no licenses shall be granted in the district is not carried, the number of licenses of each description subsisting at the date of the poll shall continue as they are until such proposal or determination is superseded by the coming into force of a subsequent determination that no licenses shall be granted in the district; subject nevertheless to the power of the Licensing Committee to refuse to renew licenses objected to under section one hundred and nine of the principal Act, and subject also to the provisions of that Act relating to the forfeiture or increase of licenses.

It shall not be lawful in a no-license district to grant or renew any publican’s license, New Zealand wine license, accommodation license, packet license, wholesale license, conditional license, charter of a club, or license to sell liquor at a railway refreshment-room.

So long as in any district no licenses exist by reason of the determination of the electors at any licensing poll, taken whether before or after the passing of this Act, no Licensing Committee shall continue to exist or shall be constituted in that district until a new Licensing Committee is constituted in that district in pursuance of the provisions hereinafter contained in that behalf.

At every licensing poll there shall be submitted for the determination of the electors of every no-license district the question whether licenses shall be restored in that district.

The question shall be submitted in the form set forth in the Second Schedule hereto, and in the manner prescribed by the principal Act as amended by this Act.

The question shall be submitted concurrently with the question as to national prohibition hereinafter referred to.

When on the taking of the poll in any such district the number of votes recorded in favour of the proposal that licenses be restored in the district is not less than three-fifths of all the votes recorded in respect of the proposals submitted under section eight hereof, the proposal shall be deemed to be carried, and the determination of the electors of that district shall be deemed to be in favour of the restoration of licenses.

Every such determination shall come into force on the expiration of three months after the day of the general election at which the poll was taken, and every such determination shall remain in force until superseded by the coming into force of a subsequent determination that no licenses shall be granted.

On the coming into force of a determination in favour of the restoration of licenses in any district, a Licensing Committee shall thereupon be constituted for the district in accordance with the principal Act, save that the first election of the elective members of the Committee shall take place on a day appointed by the Governor in that behalf by notice in the Gazette; and all succeeding periodical elections shall take place on the second Tuesday in March in the same year in which elections of Licensing Committees take place in accordance with the principal Act.

At the first annual meeting of the Licensing Committee so constituted in the district after the coming into force of the said determination, and thereafter from time to time, licenses of the descriptions which may be granted under the principal Act shall be granted in Accordance with that Act; and the Committee shall exercise in respect of such licences all the powers vested in a Licensing Committee by the principal Act:

Provided that every application for a license shall, notwithstanding anything herein, be subject to all the provisions of sections eighty-three to one hundred and five (except paragraph (c) of section ninety-one and section one hundred and three) of the principal Act.

The number of publicans’ licenses so granted shall not exceed one for every complete five hundred electors of the district at the date of the general election at which the poll was taken, and shall not be less (if a sufficient number of such licenses are duly applied for) than one for every complete one thousand electors of the district at the date aforesaid.

In determining applications for such licenses the owners of premises in respect of which a publican’s license was in existence at the time of the coming into force of the last licensing poll in favour of local no-license shall be given preference over applications by other persons, unless some objection within the meaning of section one hundred and nine of the principal Act shall be established.

Whenever, by reason of changes in electoral districts, the whole or any part of the area of a licensing district (hereinafter called “the original district”) becomes comprised within the boundaries of another licensing district (hereinafter called “the new district”) the following provisions shall apply:—

The licensing districts of Clutha, Mataura, Invercargill, Ashburton, Oamaru, Grey Lynn, Bruce, Wellington Suburbs, Wellington South, Masterton, Ohinemuri, and Eden, as the said districts respectively are now constituted, are and shall for all purposes be deemed to be and to have been from the date of the taking of the last licensing poll no-license districts, the electors whereof have duly determined in manner prescribed by the principal Act that no licenses be granted therein; and the provisions of sections six and seven of this Act shall apply to each of the said districts.

As soon as conveniently may be after the result of any licensing poll taken under the foregoing provisions of this Act has been ascertained in any district, the Returning Officer shall give public notice, in such of the forms in the Third Schedule hereto as may be appropriate, or to the like effect, of the total number of votes recorded at the poll in respect of the proposals submitted under section three or section eight hereof and of the number of votes recorded in favour of each of the said proposals, and shall declare the result of the poll respecting licenses in the district accordingly.

Such notice shall be binding on the Licensing Committee of the district.

At every licensing poll there shall be submitted for the determination of the electors of each licensing district the question whether national prohibition shall come into force throughout New Zealand.

The question shall be submitted in the form set forth in the Fourth Schedule hereto, and in the manner prescribed by the principal Act as amended by this Act in respect of licensing polls.

The voting-papers shall be different in colour from the voting-papers provided for the question submitted under section three or section eight hereof and from the ballot-papers for the electoral poll.

As soon as practicable after the close of the poll the Returning Officer shall count the votes recorded in respect of the proposals submitted under section fifteen hereof, and reject all informal votes.

Immediately after he has counted the said votes, he shall transmit to the Minister a statement of the total number of votes recorded in respect of the said proposals, and of the total number of votes so recorded in favour of each of the said proposals.

As soon as the Minister has received the said statements from the Returning Officers of all the licensing districts he shall ascertain,—

The Minister shall forthwith notify in the Gazette the numbers of the said votes as so ascertained by him, and the result thereof as determined by the provisions hereinafter contained in that behalf.

If and as often as any amended statement under section thirty-one hereof is transmitted to the Minister, or if any error is discovered in any notice published by the Minister under the provisions of this section, the Minister shall make a reascertainment of the numbers of the said votes, and shall forthwith publish in the Gazette an amended notice of the numbers of the said votes and of the result thereof.

If the total number of the votes so recorded in favour of national prohibition is not less than three-fifths of the total number of the votes so recorded throughout New Zealand in respect of proposals submitted under section fifteen hereof, the determination of the electors of New Zealand shall be deemed to be in favour of national prohibition; and this determination shall, when it comes into force, supersede the determination of the electors of any licensing district.

Any such determination in favour of national prohibition shall come into force on the expiration of four years after the day of the general election on which the licensing polls were taken.

Any such determination in favour of national prohibition shall remain in force until superseded by the coming into force of a determination of the electors of New Zealand in favour of the restoration of licenses in accordance with the provisions in that behalf hereinafter contained.

On the coming into force of any determination in favour of national prohibition, all licenses of any description then existing in New Zealand shall, unless sooner forfeited or determined in due course of law, continue in force for the respective periods for which they were respectively granted, and shall then lapse.

While any such determination remains in force it shall not be lawful to grant or renew in any part of New Zealand any publican’s license, New Zealand wine license, accommodation license, packet license, wholesale license, conditional license, charter of any club, or license to sell liquor at a railway refreshment-room.

At all times while by virtue of any such determination no licenses exist in New Zealand no Licensing Committees shall continue to exist or shall be constituted save in pursuance of the provisions hereinafter contained in respect of the restoration of licenses in New Zealand.

At all times while no licenses exist in New Zealand by virtue of any determination in favour of national prohibition, and while that determination remains in force, it shall be unlawful for any person to import into New Zealand, or to manufacture, sell, or have in his possession for the purposes of sale, intoxicating liquor of any description.

Nothing in this section shall extend or apply to the importation, manufacture, or sale, in accordance with regulations made by the Governor in Council in that behalf, of intoxicating liquor for medicinal, scientific, sacramental, or industrial purposes exclusively.

Nothing in section two or section three of the principal Act shall be so construed as to restrict in any manner the meaning and operation of this section.

Any person who in breach of this section imports into New Zealand, manufactures, sells, or has in his possession for the purpose of sale, any intoxicating liquor, or who attempts to commit any such offence, or who aids, abets, or procures the commission of any such offence, shall be liable on summary conviction to a fine not exceeding one hundred pounds in the case of a first offence, and to imprisonment for any term not exceeding three months in the case of a second or any subsequent offence against this section, whether of the same or of a different kind. Where the defendant is a body corporate the penalty shall be a fine not exceeding two hundred pounds in the case of a first offence, and a fine not exceeding one thousand pounds for a second or any subsequent offence.

If at any licensing poll the determination of the electors of New Zealand is in favour of national prohibition in accordance with the foregoing provisions in that behalf, no licensing poll shall at any time thereafter, until a determination in favour of the national restoration of licenses has come into force, be taken in any district, except a licensing poll on a proposal for the national restoration of licenses in accordance with the provisions hereinafter contained.

At the first general election of members of Parliament which is held after the expiration of three years from the day of the coming into force of the determination of the electors in favour of national prohibition, and at every general election thereafter so long as that determination remains in force, a licensing poll shall be taken, and at that poll there shall be submitted to the electors of each licensing district the question whether licenses shall be restored in New Zealand.

The question shall be submitted in the form set forth in the Fifth Schedule hereto, and in the manner prescribed by the principal Act as amended by this Act in the case of a poll in a no-license district; and all the provisions of the principal Act as amended by this Act shall, so far as applicable, apply to any such poll accordingly.

As soon as conveniently may be after the result of the poll has been ascertained in any district the Returning Officer shall give public notice of the total number of votes recorded at the poll and of the total number of votes so recorded in favour of each of the proposals submitted at that poll, and shall declare the result of the poll in that district accordingly.

Within seven days after the result of the poll in any district has been notified as aforesaid, the Returning Officer shall transmit to the Minister a statement of the total number of votes recorded at the poll, and of the total number of votes recorded in favour of each of the proposals submitted at the poll.

As soon as the Minister has received the said statements from the Returning Officers of all the licensing districts he shall ascertain the total number of votes so recorded throughout New Zealand in favour of the proposal that licenses shall be restored in New Zealand, and also the total number of votes so recorded throughout New Zealand in favour of the proposal that licenses shall not be restored in New Zealand.

The Minister shall forthwith notify in the Gazette the numbers of the said votes as ascertained by him, and the result thereof as determined by the provisions hereinafter contained in that behalf.

If and as often as any amended statement under section thirty-one hereof is transmitted to the Minister, or if any error is discovered in any notice published by the Minister under the provisions of this section, the Minister shall make a reascertainment of the numbers of the said votes, and shall forthwith publish in the Gazette an amended notice of the numbers of the said votes and of the result thereof.

If the result of the polls throughout New Zealand is that the total number of votes recorded in favour of the proposal that licenses be restored is not less than three-fifths of all the votes recorded, then that proposal shall be deemed to be carried, but not otherwise.

Any such determination of the electors in favour of the restoration of licenses shall come into force throughout New Zealand on the expiration of three months after the day of the general election at which the poll was taken.

On the coming into force of that determination the following provisions shall apply:—

After the coming into operation of a determination in favour of the restoration of licenses in New Zealand, licensing polls shall from time to time be taken in accordance with this Act in the same manner as if national prohibition had never been in force, and all the provisions of the principal Act and of this Act shall apply accordingly.

In determining applications for such licenses, the owners of premises in respect of which a publican’s license was in existence at the time of the coming into force of the last licensing poll in favour of national prohibition shall be given preference over applications by other persons, unless some objection within the meaning of section one hundred and nine of the principal Act shall be established.

No licensing poll under this Act shall affect the operation of any Proclamation in force under section two hundred and seventy-two of the principal Act (relating to Native land) or the provisions of the King-country Licenses Act, 1909.

Save as provided by this Act in respect of the restoration of licenses, or by section one hundred and forty-four of the principal Act with respect to increase of licenses, no new publican’s license shall, after the passing of this Act, be granted in any licensing district, except when a publican’s license has been forfeited, or has not been renewed, or has otherwise ceased to exist. No such license shall be granted in respect of premises situated beyond the limits fixed by subsection four of section one hundred and twenty-seven of the principal Act.

In every such case one new publican’s license may at the first annual meeting after the forfeiture of the former license, or at the annual meeting at which a renewal of the former license might have been granted if duly applied for, be granted by the Licensing Committee having jurisdiction for the time being in the place where the premises were situated to which the former license related.

If on any recount under section twenty-nine of the principal Act the Magistrate finds that the count of the Returning Officer of the number of votes recorded in favour of or against national prohibition or national restoration, as the case may be, or of the number of votes recorded at the poll, was incorrect, he shall order the Returning Officer to transmit to the Minister an amended statement showing the correct numbers as disclosed by such recount.

A copy of every such order, together with an amended statement in accordance therewith certified by the Magistrate, shall be forthwith transmitted by the Returning Officer to the Minister.

Any notice or amended notice, as the case may be, published by the Minister under the provisions of section sixteen or of section twenty-four hereof shall be final and conclusive for all purposes, and the result of the poll as stated therein shall not be questioned in any proceedings whatsoever.

A determination or order of any Court under section thirty-three of the principal Act shall not affect the validity or the result of the poll in respect to national prohibition.

If the Attorney-General, within fourteen days after the publication of the Gazette notice provided in sections sixteen or twenty-four hereof, certifies that he is satisfied that a prima facie case has been established that irregularities within the meaning of paragraph (c) of section thirty-five of the principal Act have been committed in connection with such poll, which might have materially affected the result of the poll, then nothing in this section shall preclude the right provided for by section thirty of the principal Act to demand an inquiry as to the conduct of the poll, and the Court shall, on such inquiry, have all the powers conferred by sections thirty to thirty-six of the principal Act, and the period of fourteen days mentioned in the said section thirty shall, if the Attorney-General so certifies, be extended to twenty-eight days, provided that the inquiry shall be limited to irregularities under the said paragraph (c) of section thirty-five.

Whenever a licensing poll is declared void under this section a fresh poll shall be taken on a day to be fixed by the Minister, and in the manner prescribed by the principal Act as amended by this Act, and the determination of the electors at such fresh poll shall take effect and come into force as if the said poll were an ordinary licensing poll. At any such poll the same roll of electors shall be used as was used at the voided poll.

Section seven of the principal Act is hereby amended by repealing paragraph (d) thereof.

The principal Act is hereby amended in the manner and to the extent specified in the Sixth Schedule to this Act.

After the passing of this Act no bottle license shall be granted or renewed.

After the first day of June, nineteen hundred and eleven, save as provided by this section, no female shall be employed in any capacity, or permitted to serve in any capacity, in or about the bar of any licensed premises at any time while the bar is open for the sale of liquor.

If any licensed person commits a breach of the provisions of this section, he shall be liable to a fine not exceeding ten pounds for every day on which the offence is committed.

Nothing in this section shall apply to the employment or service of—

Every person who at any time within one year before the passing of this Act has been employed as a barmaid in any licensed premises for any continuous period not less than three months shall be entitled to be registered as a barmaid under this Act, if application for registration is made by her in accordance with this Act and the regulations made thereunder, on or before the first day of June, nineteen hundred and eleven.

An application for registration under this section shall be made by the applicant in writing to the Secretary of Labour, at Wellington, and shall be accompanied by a statutory declaration (which shall be exempt from stamp duty) setting out the facts on which the applicant founds her claim to be registered.

The Secretary of Labour shall keep a register in which he shall enter the names of all persons registered as barmaids under this Act, together with such other particulars as may be prescribed or as he thinks fit.

So soon as practicable after the completion of the said register, and thereafter from time to time as he thinks fit, the Secretary of Labour shall publish in the Gazette a list of all persons so registered, and a copy of the Gazette shall be sufficient evidence that the persons therein named are duly registered as barmaids under this Act, and that any person who is not therein named is not so registered.

The Secretary of Labour shall from time to time amend the register by striking off the names of all persons who have died, or who have been registered in error, or who have ceased for a period of not less than two years to be employed as barmaids in any licensed house.

The Governor may from time to time by Order in Council make regulations as to the mode of such registration, and any other regulations which he deems necessary for carrying into full effect the provisions of this section.

No building, room, or other premises in any no-license district shall be kept or used as a place of resort for the consumption of intoxicating liquor on those premises.

Nothing in this section shall extend or apply to the consumption of liquor by any person on any premises in which he dwells or is resident, whether he is the occupier of those premises or not, or to the consumption of liquor supplied to any person by way of gift by any person who so dwells or is resident on the premises on which the liquor is consumed.

If any premises are kept or used in breach of this section as a place of resort for the consumption of liquor, the occupier of the same, and every person having or taking part in the care, management, or control of the same, are severally liable to a fine not exceeding twenty pounds for every day on which the premises are so kept or used.

Every person (other than a constable) found on any premises kept or used in breach of this section shall be liable to a fine not exceeding five pounds.

For the purposes of this section, any person who acts as or as if he were an occupier or a person having any part in the care, management, or control of any premises shall be deemed, though not to the exclusion of the liability of any other person, to be the occupier thereof, whether he is the real occupier or not.

For the purposes of this section, premises shall be deemed to be a place of resort for the consumption of intoxicating liquor notwithstanding the fact that they are open only for the use of particular persons or particular classes of persons, and are not open to all persons desirous of using the same.

It shall not be lawful within any no-license district, or within any area to which section two hundred and seventy-three of the principal Act is applicable, for any person whomsoever to store or keep liquor for any other person, or to lease, let, hire, or permit or suffer to be used any building or place belonging to or occupied by him or in his possession or under his control, or any part of any such building or place, for the purpose of storing or keeping therein or thereon any liquor for or by any other person.

Every person who commits a breach of this section is liable for a first offence to a fine not exceeding fifty pounds, and for a second or any subsequent offence to imprisonment for any term not exceeding three months.

Any Justice of the Peace, if satisfied by information on oath that there is reasonable ground to suspect that any premises are kept or used as a place of resort for the consumption of liquor in breach of section thirty-seven hereof or for any of the purposes mentioned in section thirty-eight hereof, may, in his discretion, grant a warrant under his hand, by virtue whereof it shall be lawful for any constable named in that warrant, at any time or times by day or night within one month thereafter, to enter, with or without such assistants as he may deem requisite, and by force if need be, the premises named in the warrant and every part thereof and examine the same.

Section four of the principal Act is hereby amended by adding, at the end of the definition of “borough,” the words “and also any town district.”

The following districts are hereby declared to be city licensing districts under the principal Act, that is to say,—

Whenever the Representation Commissions divide New Zealand into electoral districts as provided by the Legislature Act, 1908, they shall in their report declare in the case of each city licensing district what electoral districts are substituted for the electoral districts aforesaid, and the city licensing districts shall on the coming into operation of the said report comprise the electoral districts so substituted instead of the electoral districts aforesaid.

This section is substituted for section six of the principal Act, which section is hereby accordingly repealed.

Section two hundred and two of the principal Act is hereby amended by substituting the word “twenty-one” for the word “eighteen” wherever that word occurs in the section.

The Governor may from time to time proclaim any part or parts of New Zealand as districts in which the provisions of this section shall apply, and may at any time revoke or vary any such proclamation.

Every person (whether a licensed person or not) who in any such district supplies liquor to any Native shall be liable on summary conviction to a fine not exceeding fifty pounds.

This section shall not apply to—

For the purposes of this section and of sections forty-four and forty-six hereof the term “Native” means a person belonging to the aboriginal race of New Zealand, and includes a half-caste and a person intermediate in blood between half-castes and persons of pure descent from that race.

Section two hundred and seventy of the principal Act is hereby repealed.

All parts of New Zealand which have heretofore been defined by the Governor in Council in pursuance of the said section two hundred and seventy, and to which the provisions of the said section are applicable at the passing of this Act, shall be deemed to have been proclaimed under this section, and the provisions of this section shall apply thereto accordingly.

Every person (whether a licensed person or not) is liable on summary conviction to a fine not exceeding fifty pounds who, in any part of New Zealand,—

Section two hundred and seventy-one of the principal Act is hereby repealed.

The provisions of section one hundred and forty-seven of the principal Act shall apply within all areas proclaimed in pursuance of section two hundred and seventy-two of that Act, or in pursuance of any former Act, in the same manner as if such proclaimed areas were districts in which, by reason of the determination of the electors at a licensing poll, no licenses exist, and those provisions shall be construed as being supplementary to and not as being in abrogation of the provisions of section two hundred and seventy-three of the principal Act.

The Governor may from time to time, on the recommendation of the Maori Council of any district under the Maori Councils Act, 1900, proclaim such district as a district in which the provisions of this section shall apply, and may at any time revoke or vary any such Proclamation.

In any district proclaimed under this section a poll shall be taken, on a day to be appointed by the Governor by notification in the Gazette and Kahiti, of the Maoris residing in such district who are qualified to vote as electors at any election of a member of Parliament under Part IV of the Legislature Act, 1908 (relating to Maori representation), to determine, in manner hereinafter provided, whether liquor shall be supplied to Natives in such district or not.

The question set forth in the last preceding subsection shall be submitted in such form and the poll thereon shall be taken and the result of such poll declared in such manner as may be prescribed by the Governor by regulations.

The cost of every poll under this section shall be paid by the Maori Council of the district in which it is taken.

If the result of the poll is that a majority of the electors are in favour of the proposal that liquor shall not be supplied to Natives in the district, then, on the expiry of one month after the declaration of the result of the poll, every person (whether a licensed person or not) who in any such district (whether on licensed premises or not) supplies liquor to any Native shall be liable on a summary conviction to a fine not exceeding one hundred pounds:

Provided that this subsection shall not apply to the supply of liquor for medicinal purposes on the authority of a registered medical practitioner, or for religious purposes, or to the supply of liquor to any Native who is the wife of any person other than a Native.

Notwithstanding anything in the Beer Duty Act, 1908, it shall not be lawful to grant under that Act a license in respect of any brewery situated within a no-license district or within five miles of the boundary of any such district.

Nothing in this section shall prevent the renewal of any license, or the grant of a new license to the successor in business of any person holding a license or to any person of a new license in lieu of any license which was formerly held by that person but which has lapsed or otherwise determined within six months before the grant of such new license.

Notwithstanding anything in the Beer Duty Act, 1908, it shall not be lawful for any brewer to use for the storage of beer any warehouse, depot, or other building or place (not forming part of a brewery) situated in a no-license district or within five miles of the boundary of any such district:

Provided that this subsection shall not apply to a brewer’s ordinary bottling warehouse established prior to the carrying of no-license in such district, so long as that bottling warehouse is used exclusively as such.

Any brewer who commits a breach of this section shall be liable on summary conviction to a fine not exceeding fifty pounds for every day on which the offence is committed.

Subsections three and four of section thirty-two of the Beer Duty Act, 1908, are hereby repealed.