The Governor shall, as soon as conveniently may be after the commencement of this Act, by Proclamation in the Gazette, from time to time define districts to be licensing districts under this Act, and from time to time may alter and redefine the boundaries of the same.

Such districts shall, as far as possible and convenient, be identical and conterminous respectively with existing and future—

Undivided boroughs;

Wards of divided boroughs;

Ridings of counties;

the smallest of such divisions being in every case adopted: Provided that no licensing district shall contain less than one hundred ratepayers:

Road districts outside the counties aforesaid;

Such other districts, in parts of the colony not comprised within any of the foregoing, as may seem fitting.

The districts within or comprising boroughs, ridings of counties, and the road districts aforesaid, are ordinary licensing districts.

The remainder are special licensing districts.

Whenever any licensing district existing at the passing of this Act (hereinafter called an “old district”), or any part thereof, is included in a licensing district constituted under this Act (hereinafter called a “new district”), such old district, or such portion thereof as is so included, shall cease to be subject to any law relating to licensing other than the provisions contained in this Act.

Whenever a part only of an old district is included within a new district, that part of the old district not so included shall be a “separate district” (and is hereinafter so called), until the same is included within a new district.

Every enactment and law in force at the coming into operation of this Act in any old district or separate district shall be and continue in force until such old district or separate district respectively shall be included in a new district under this Act, and the Licensing Court shall continue to act, and all things be done therein, as though this Act had not been passed.

Notwithstanding anything in this Act contained, the Governor in Council may from time to time proclaim and define any place or district to be a special licensing district under this Act,—

Where, owing to a sudden increase of population or otherwise, the necessity for the immediate grant of publicans’ licenses exists;

Where the population is sparse or much scattered, and the ordinary administration of this Act could not conveniently be carried out.

The limits of any special district may, by Order in Council, from time to time be altered, and any such district may be abolished in a similar manner.

For all the purposes of this Act any pier, quay, jetty, mole, or work extending from any place within the jurisdiction of any Licensing Committee or Court of summary jurisdiction into or over any part of the sea, or any part of a river within the ebb and flow of the tide, shall be deemed to be within the jurisdiction of such Committee and Court.

For the purposes of this Act, where a road runs between or forms the boundary of two or more licensing districts, a line running along the length of such road in its centre shall be the boundary line between such districts.

No person shall be qualified to be elected or to act as a member of a Licensing Committee—

No person shall be qualified to be elected or to act as a member of a Licensing Committee during the time be holds a paid office under the Government of the colony, or under the Council of any county or borough.

Any person so disqualified acting or sitting as a member of a Licensing Committee shall be liable to a penalty of fifty pounds for every such offence:

Provided that—

No person shall be disqualified by reason of his having vested in him a legal interest only and not a beneficial interest in any premises herein mentioned or the profits thereof;

No person shall be liable to a penalty for more than one offence committed by him before the institution of any proceedings for the recovery of such penalty;

No act done by any disqualified person shall by reason only of such disqualification be invalid;

No objection shall be made to any licenses granted, renewed, or removed in pursuance of this Act on the ground merely that the Licensing Committee who granted, renewed, or removed the same were not qualified to make such grant, renewal, or removal.

The Licensing Committee for an ordinary licensing district shall be constituted as follows, that is to say,—

The Committee shall consist of—

The Resident Magistrate within whose jurisdiction the licensing district lies, and who is hereinafter called “the Returning Officer,” shall be the Returning Officer for such district, and shall preside at every election therein under this Act.

If there be no Resident Magistrate having jurisdiction within any licensing district, or, if there be more than one such Resident Magistrate, then the Governor shall appoint such Resident Magistrate or other person as he may think fit to be the Returning Officer of the district,

As soon as conveniently may be after the constitution of a district under this Act, the Returning Officer shall, by public advertisement, appoint some convenient day, and thereafter in the same month in every year, but not earlier than fourteen days after the first publication of such advertisement, for the election of the required number of members of the Licensing Committee within such district; and such election shall be conducted in the same manner as elections of members of Borough or County Councils or Road Boards are elected, subject to the condition following:—

Each ratepayer shall only have one vote within any district, but there may be more polling-booths than one in each district.

Where any new district comprises within its limits more than one subdivision of a borough or county, having separate ratepayers’ rolls in force therein respectively, such separate rolls shall together form the district ratepayers’ roll for the district.

Every ratepayer in any such district shall, notwithstanding his name appears on several of the separate rolls, have one vote and no more, in respect of each member of a Licensing Committee to be elected at any election.

The names of the elected candidates shall be returned to the Colonial Secretary by the Returning Officer, and duly gazetted.

In case any district shall fail or neglect to elect a Licensing Committee at the time appointed, the Governor shall in such case appoint the same; and every Committee so appointed, and every member thereof respectively, shall be deemed to have been elected under this Act.

Every member of a Licensing Committee shall come into office on his election, and shall hold office for twelve months.

All costs and expenses incident to the election of any Licensing Committee under this Act shall be defrayed in the same manner as is provided by section fifty-three of this Act, in respect to defraying the expenses of taking any poll of ratepayers under this Act.

Any member of a Licensing Committee may, by writing under his hand addressed to the Governor, resign his office.

If any member of a Licensing Committee shall die, resign, become disqualified, or shall absent himself from two consecutive quarterly licensing meetings of such Committee (unless in case of sickness or other lawful excuse), his office shall become vacant.

Every vacancy created as above mentioned is an extraordinary vacancy, and the Governor shall appoint some other person to supply the vacancy, who shall hold office only until the next election.

The members of a Licensing Committee retiring at the end of their term of office may be re-elected or reappointed.

The Governor shall, from time to time, appoint such person as he may think fit to be Clerk to the Licensing Committee of any one or more districts; and any such Clerk may be removed from office by the Governor.

Every Licensing Committee shall hold its meetings in the place used as a Courthouse by the Resident Magistrate in the licensing district, or, if there be no such Courthouse in such district, then at such place, not being licensed premises, as may from time to time be appointed by the Chairman.

The quorum of a Licensing Committee, except within Native licensing districts, shall be three members, inclusive of the Chairman.

Any Licensing Committee may act if a quorum exists, notwithstanding vacancies therein.

In case of any extraordinary vacancy, the vacating member may act as member of the Committee until his successor is elected or appointed.

Every Licensing Committee shall, notwithstanding its term of office has expired, continue to act until their successors are elected or appointed and take office.

Any person may be appointed or elected to more Licensing Committees than one.

The members of the Licensing Committee shall, at their first meeting, elect one of their number to be Chairman thereof (herein referred to as “the Chairman”), who shall have an original and casting vote, and shall hold such office during the continuance of the period for which such Committee was elected or appointed.

The Chairman shall sign on behalf of the Committee all certificates and other documents (if any) issued or recorded by it.

In case of the absence of the Chairman from any meeting of the Licensing Committee, the members present at such meeting shall elect one of their number to be Chairman, and such Chairman shall act only for the occasion for which he is so elected.

Subsections ten to twenty-three, both inclusive, of this section shall apply, as far as may be, to every Licensing Committee within the colony.

The Governor may appoint within any special district some person or persons to grant licenses therein, and such person or persons shall, within the districts to which he or they are so appointed, have all the powers of a Licensing Committee within an ordinary licensing district, and shall, as far as circumstances will admit, be guided by the provisions of this Act in the exercise of such powers.

Where one person only is appointed as aforesaid, such person shall also have all the powers and functions conferred by this Act on a Chairman of a Licensing Committee.

In special districts, the limits whereof extend into any part of a Native licensing district, the Licensing Committee shall consist of not less than three members, exclusive of the Assessor hereinafter named.

The Governor in Council may from time to time frame regulations as occasion may require for the more convenient administration of this Act within special districts, and for the issue of licenses and the payment of license fees, and by such regulations may exclude any provisions of this Act from operation within such districts.

Any such regulations may similarly from time to time be varied or abolished.

All parts of the colony proclaimed districts under the provisions of “The Outlying Districts Sale of Spirits Act, 1870,” and the districts described in the Schedule annexed to “The Licensing Amendment Act, 1875,” as the same respectively existed at the commencement of this Act, are Native licensing districts under this Act.

The Governor, by Order in Council, may from time to time alter the limits of any such districts, or abolish the same; he may also in like manner constitute, vary, and abolish new Native licensing districts, subject to the following conditions:—

No Native licensing district shall be constituted unless, in the opinion of the Governor in Council, at least one-half of the inhabitants thereof are persons of the aboriginal native race.

No part of any borough shall be included in any such district.

The Licensing Committee of any ordinary or special licensing district, when exercising its functions in relation to licenses intended to take effect within any portion of the district which lies within the limits of a Native licensing district, shall conform to the special provisions herein contained.

In every Native licensing district an Assessor shall be elected annually by a majority of the inhabitants qualified to vote for Maori representatives in Parliament.

Every Assessor appointed under the provisions of “The Outlying Districts Sale of Spirits Act, 1870,” and now holding office, shall continue Assessor for the district for which he was acting at the commencement of this Act until after the first election.

Every such Assessor shall, by virtue of his office, be a member of every Licensing Committee having jurisdiction within any part of the Native licensing district to which the said Assessor is elected; but one only of such Assessors at a time shall be competent to sit and act at any meeting of a Licensing Committee for licensing purposes.

No wholesale license, or other license of any sort (except as hereinafter mentioned) authorizing the sale of liquors, and intended to take effect within any part of a Native licensing district, shall be issued by any person whomsoever, unless the issue of such license shall first have been approved of by the Licensing Committee having jurisdiction within such last-named district.

The conditions under which licenses for the sale of liquors within Native licensing districts may be granted, renewed, transferred, or removed are as follow, that is to say,—

No application in respect of any license intended to take effect within any Native licensing district shall be entertained at any licensing meeting by any Licensing Committee, unless at least three members of such Committee, exclusive of the Native Assessor, are present at such meeting.

At every such meeting, in respect of any application as aforesaid, one Assessor elected for the Native licensing district wherein the license is intended to take effect must be present.

The consent of such Assessor shall be indispensable for the granting of any application.

Except as hereinbefore provided, all questions in respect of any application as aforesaid shall be decided by a majority of votes, and in case of equality of votes the Chairman shall have a second or casting vote.

The Assessor aforesaid shall have no voice or vote in respect of any license not intended to take effect within the district to which he is elected.

The foregoing subsections shall not apply in respect of a conditional license or of a packet license.

It shall not be lawful for any person whomsoever either to sell, or to supply, or to give any intoxicating liquor to any person of the Native race within any Native licensing district.

If any person shall sell, supply, or give any such intoxicating liquor to any Native, contrary to the provisions of this Act, he shall forfeit and pay for any such offence any sum not exceeding twenty pounds, to be recovered in a summary way, over and above any penalty which may be incurred for the sale of any such liquor without a license: Provided always that no penalty shall be recoverable for supplying intoxicating liquor to any person of the Native race, in case it shall be satisfactorily proved that the intoxicating liquor so supplied was administered medicinally.

The Governor, on the application of the owners of any block or area of Native land on which no publican’s license has been hitherto granted, may, by Proclamation in the Gazette, declare that no license shall be granted within such block or area, and it shall not be lawful for the Licensing Committee to issue any license to take effect within any block or area so proclaimed.

Subject to any special provisions contained in this Act, all the provisions hereof shall apply throughout the colony in respect of all licensed persons or premises.

All licenses held at the commencement of this Act, and all licensed persons and licensed premises holding or in respect of which a license is held at the aforesaid time, shall be under and subject to the provisions of this Act:

Provided that nothing herein contained shall be deemed to exempt any such license from forfeiture for any cause for which the same may be forfeited under the Act or Ordinance under which the same was issued.

Licenses may be granted under this Act of the several descriptions following, that is to say,—

Such licenses respectively shall be in such one of the forms in the First Schedule as shall be applicable, and shall, with the exception of the conditional license, be in force to the thirtieth day of June following the date of the license.

A publican’s license shall authorize the licensee to sell and dispose of any liquor, in any quantity, on the premises therein specified, between the hours of six in the morning and ten at night.

A New Zealand wine license shall authorize the licensee to sell and dispose of on the premises therein specified, between the hours of six in the morning and ten at night, any wine, cider, and perry the produce of fruit grown in the colony, of a strength not exceeding twenty per centum of proof spirit, in any quantity not exceeding two gallons at any one time to any one person: Provided that such licenses be granted in boroughs only.

An accommodation license shall authorize the licensee to sell and dispose of any intoxicating liquor on the premises therein specified, and such license may be granted on the terms of repairing or keeping in repair any road or bridge in the vicinity of such premises, or providing good accommodation for travellers, or on such of the former or such other terms as the Licensing Committee shall think fit, including the payment of a fee of not exceeding twenty pounds, to be fixed by the Licensing Committee.

No accommodation license shall be granted in respect of any premises situate within five miles by public road of any other premises for which either a publican’s license or an accommodation license has already been granted and is in force at the time of the hearing of the application for the license first above mentioned.

A bottle license shall authorize the licensee to sell and dispose of, on the premises therein specified, but not elsewhere, any liquors in bottles corked and sealed, capsuled or wired, of sizes of which six or twelve are usually reckoned to the gallon, and not to be drunk in or upon the premises for which the license is granted: Provided that not less than one bottle containing not less than a reputed quart shall be sold or disposed of at any one time to any one person:

Provided also that bottle licenses shall be issued only within such districts, and in such parts thereof respectively, wherein on the day before the commencement of this Act the issue of such licenses was authorized by law.

A packet license shall authorize the master of the steam-packet or other vessel therein mentioned, being a vessel by which passengers are conveyed from any place within the colony or its dependencies to any other place within or beyond the colony, to sell and dispose of liquor during her passage between such places to any passenger on board of such packet or vessel:

Provided that no license shall be necessary to authorize the granting of allowances of liquor to the crew of such packet or vessel.

A wholesale license shall authorize the licensee to sell and deliver liquors, in quantities of not less than two gallons to be delivered at any one time, such liquors not to be consumed in or upon the vendor’s house or premises.

A conditional license shall authorize the licensee, being also the holder of a publican’s license, to sell and dispose of liquor at any fair, military encampment, races, regatta, rowing-match, cricket-ground, or other place of public amusement, for a period not exceeding, with any renewal or renewals thereof, seven days, subject to such restrictions and conditions as the persons granting the license shall think fit.

The Licensing Committee may, at any annual or quarterly licensing meeting,—

Grant to any holder of a publican’s license, on payment of an additional fee of ten pounds, an extension of the time hereinbefore prescribed for the sale of liquors, until twelve o’clock at night, on being satisfied of its being for the benefit and convenience of the public.

Authorize any licensed publican to open and use on his licensed premises more than one bar.

No publican’s license shall be granted in respect of any house in any borough unless such house shall have a front or principal entrance separate from and in addition to the entrance to the bar or to the place where liquors not to be drunk on the premises are sold, and shall contain, for public accommodation, not less than six rooms, besides the billiard-room (if any) and the rooms occupied by the family of the applicant; nor unless such house is furnished with sufficient doors or facilities for escape therefrom in case of fire; and such house be provided with a place of convenience on the premises for the use of the public, and also, where necessary, in the opinion of the Licensing Committee, with stabling sufficient for the accommodation of not less than three horses.

Nothing in the last preceding section shall apply to any house or room or booth situated on a cricket-ground, or to any other place set apart for any lawful game or pastime.

The Clerk of the Licensing Committee in every licensing district at which any quarterly licensing meeting is to be held shall, one calendar month at least before the holding of such meeting, cause a notice thereof to be fixed to the outer door of the Courthouse or other building where the meetings of the Licensing Committee are held, and of every other Courthouse within the licensing district, whether the same be a Courthouse where meetings of the Licensing Committee are held or not, and shall also cause an advertisement of the time and place of holding such licensing meeting to be inserted at least thrice in at least one newspaper circulating in the district.

Every application for a license, or the renewal, transfer, or removal of a license, and all objections to every such application, shall (except as hereinafter provided) be heard and determined at a licensing meeting by the Licensing Committee for the district wherein the premises in respect of which the license is sought, or to which it relates, as the case may be, are situated.

Every such hearing shall be open to the public, and every applicant for a license (except as hereinafter provided) shall attend personally at such hearing, unless hindered by sickness or infirmity; and the Licensing Committee may summon, and examine on oath, such witnesses as they may think necessary, and as near as may be in the manner directed by any Act now or hereafter to be in force relating to the duties of Justices in summary convictions and orders.

Any licensing meeting may, at the discretion of the Committee holding the same, be adjourned from time to time to the same or any other Courthouse or building within the district. If any applicant for a license shall, as hereinafter mentioned, require an adjournment, the meeting may be adjourned from time to time, during the period of one calendar month, to the same or any other Courthouse or building within the district, upon such terms as to costs or otherwise as the Committee may think proper.

The following provisions shall be observed in the conduct of business before all Licensing Committees:—

An Inspector of Licensed Premises in every district shall obtain and furnish to the Clerk of the Licensing Committee in each licensing district, at least ten days before each quarterly meeting, a report as to every licensed house in such district.

Such report to contain a description of the condition of the house, premises, and furniture, the manner in which the house has been conducted during the past twelve months, the character of the persons frequenting the house, and a statement of the number, locality, and distance of other licensed houses in the neighbourhood.

An Inspector shall similarly report as to applications in respect of premises not previously licensed (hereinafter called “new houses”) or new applications in respect of premises previously licensed (hereinafter called “old houses”) as soon after the application as possible.

It shall be the duty of an Inspector to be present at every quarterly licensing meeting for the purpose of substantiating any matters contained in any such report, and otherwise for giving evidence before the Licensing Committee on matters brought under their cognizance.

In the case of applications for new houses, and new applications for old houses, and of transfers of licenses, it shall be the duty of the Clerk to the Licensing Committee to search the register to be kept by him as hereinafter provided, and, upon the consideration of such application, to report to the Committee whether the applicants, or, in case of transfers, whether the intended transferees, have previously applied for any licenses, or have been intended transferees of licenses, together with the result of such applications respectively, and, in case of the refusal or rejection thereof, then the cause of such rejection or refusal.

At the annual licensing meetings, the applications for new houses shall take precedence, the new applications for old houses shall be taken next, and the rest of the business shall follow.

The Clerk to the Licensing Committee shall give notice to applicants applying for a renewal of their licenses, when such licenses have been objected to, to attend at the meeting, and such applicants shall be heard immediately after the applications for new houses; and in such notices the said Clerk shall state the nature of the objections.

On any application for a license for a new house the applicant shall produce to and deposit with the Clerk, for the information of the Licensing Committee, plans of such house; and such Committee may require the applicant to give such explanation thereof by skilled witnesses as they shall think fit.

In the event of such plans showing that any portion of such house is fitted up as a store, theatre, concert-room, or dancing-hall, it shall not be lawful for the Licensing Committee to grant such application.

At any licensing meeting the Licensing Committee shall hear and determine all applications, and also all objections which may be made to such applications, on such evidence as shall seem to them sufficient, whether the same be strictly legal evidence or not.

In addition to any powers of adjournment given by this Act, the Licensing Committee may from time to time adjourn any licensing meeting to such other day as they shall think fit, but no applications that have been decided at any licensing meeting shall be reopened at any adjourned meeting, unless in pursuance of leave granted at the original meeting.

On the hearing of any application, except for renewals, the applicant, by himself or his counsel or solicitor, shall open his case; then the objectors who have given due notice are to be heard, by themselves or their counsel or solicitor, and the applicant may reply.

The persons signing any memorial against the granting of any license, or any of them, may appear to support such memorial by counsel or in person.

In the case of applications for renewal, the objectors shall commence, and the applicant shall reply only.

The Licensing Committee shall then consider the application, and, if unanimous, shall give their decision through their Chairman; but, if not, they shall decide by vote whether the license shall be granted or refused. The decision, and all remarks made thereon, shall be given through the Chairman, and the other members of the Committee shall not comment upon the decision announced or the remarks made by the Chairman.

In case of an equality of votes, the Chairman of the Committee shall have a casting vote in addition to his original vote; and such Chairman shall, on behalf of the Committee, sign all certificates and other documents, if any, issued or recorded by it.

The decision of the Committee, when once announced by the Chairman, shall not be questioned or reconsidered.

No objection in respect of the character of any applicant shall be entertained unless three days’ notice has been given to the applicant; and, should any such objection appear to the Committee to be frivolous, the costs occasioned by any such objection shall be ordered by the Committee to be paid by the party making the same: Provided that no such costs shall be given against any officer of police who shall have made any such objection.

No objection from any Inspector shall be entertained unless the nature of the objection shall have been stated in the report furnished to the Clerk of the Licensing Committee.

No objection of any kind whereof notice is required to be given shall be entertained unless notice thereof shall have been given in the terms of this Act.

From and after the commencement of this Act no new publican’s, New Zealand wine, accommodation, or bottle license, (except respectively for premises in respect of which a license is held and is in force at the aforesaid time,) shall be granted until the ratepayers shall have previously determined, in manner hereinafter provided, whether the number of such licenses may or may not respectively be increased.

The Chairman of the Licensing Committee of every licensing district shall, by public advertisement, appoint some convenient day in the year one thousand eight hundred and eighty-two, and thereafter in the same month in every third year, but not earlier than fourteen days after the first publication of the aforesaid advertisement, for taking the aforesaid determination of the ratepayers by a poll, to be taken in manner prescribed by “The Regulation of Local Elections Act, 1876.”

At such poll the several proposals following shall be submitted, and no other, that is to say,—

The poll shall be taken as follows:—

The Chairman shall appoint such person as he thinks fit to be “Presiding Officer,” and to act as such at the taking of any poll as hereinafter provided.

The Chairman shall give notice in writing to the Presiding Officer, requiring him to take the poll upon the day appointed.

The Presiding Officer shall, upon the day so appointed, proceed to take the poll in the manner provided by “The Regulation of Local Elections Act, 1876,” for taking a poll at any election, and shall provide voting papers and all things necessary for taking the poll.

The voting papers shall be printed in the form in the Second Schedule, setting forth the proposal mentioned in the last foregoing section, with respect to each particular kind of license which is to be put to the vote.

The voter shall erase one or other of the said lines in each case, and his vote shall be deemed to be given in respect of each proposal, according to the one of the said lines which he leaves unerased.

Each ratepayer shall have only one vote, but there may be more polling-booths than one in each district.

All the provisions of “The Regulation of Local Elections Act, 1876,” as regards taking a poll, and the penalties incurred in any respect in connection therewith, shall, mutatis mutandis, so far as they are applicable, and except as by this Act is otherwise provided, apply to the taking a poll on the aforesaid proposal.

In the Act last named the words “Presiding Officer” shall be read, instead of the words “Returning Officer,” wherever the same occur.

As soon as conveniently may be after the result of the poll has been ascertained, the Chairman shall give public notice of the number of votes recorded for and against the several proposals as above provided, and shall declare the resolution to be carried or rejected as the case may be.

The affirmation of any of the above-mentioned proposals shall in no case render it imperative upon the Licensing Committee to issue any such new licenses.

Every determination shall continue in force until another determination shall subsequently have been made.

In districts where no ratepayers’ roll is in force, the Clerk of the Licensing Committee of the district shall make out a list of all those persons whose names appear on the roll of electors of members of the House of Representatives for the electoral district wherein the licensing district or any part thereof is comprised, in respect of any qualification situate within the district last mentioned.

The Returning Officer for every electoral district wherein any part of a licensing district is contained shall furnish the electoral rolls in his custody to the aforesaid Clerk, and permit him to make out such lists, and when such lists are so made out the said Returning Officer shall sign the same as correct.

The lists so made out shall be deemed to be the ratepayers’ roll for the licensing district for the purpose of every poll to be taken under this Act within such district.

If from any mischance or misadventure no determination is arrived at at the appointed time for the poll in any district as hereinbefore provided, the Governor in Council may, on the application of any two ratepayers of such district, and if it seems fit, appoint some other convenient day, being not less than fourteen days previous to the day appointed for the meeting of the Licensing Committee in June of the same year, for the holding another election at which a determination may be arrived at in manner aforesaid.

All costs and expenses incident to the taking of any poll of ratepayers under this Act shall be paid out of the fees accruing in the licensing district in respect of any license granted by the Licensing Committee, and shall be defrayed out of such fees by the person receiving the same, on the written authority in that behalf of the Chairman of the Licensing Committee of such district.

The preceding conditions in relation to the obtaining of new licenses shall not have application within any special licensing district.

After the end of the month of December next, new publicans’ licenses New Zealand wine licenses, accommodation licenses, and bottle licenses shall be granted only at the annual licensing meeting to be held in the month of June in each year.

Every person who shall desire to obtain a license under this Act, not being a packet or wholesale or conditional license, at least twenty-one days before he shall make his application, shall deliver to the Clerk of the Licensing Committee of the licensing district wherein the premises to which such license is intended to apply are situate, and, not later than as aforesaid, affix on the outer side or front of the principal entrance-door of the said premises, there to be kept until the day upon which the licensing meeting shall be holden, and publish on three consecutive days in a newspaper circulating in the place wherein the premises are situate, a notice in writing, signed by such applicant, setting forth the applicant’s name, abode, addition, and such desire.

In all cases the notice of application shall be in such one of the forms in the Third Schedule as shall be applicable, or to the like effect, and shall be delivered in duplicate to such Clerk of the Licensing Committee; and the said Clerk, immediately after the receipt of such notices, shall make lists thereof, and post or cause to be posted one of such lists inside and another outside on some conspicuous part of the building or Courthouse in which the meeting shall be held, there to remain until the day whereon the licensing meeting shall be held.

Every application for a publican’s or New Zealand wine or accommodation or bottle license (but not for any renewal thereof) shall be accompanied by a certificate, signed by at least ten householders, in the form in the Fourth Schedule hereto, in respect of the fitness of the applicant to have such license.

It shall be the right and privilege of any ten or more ratepayers or adult male or female residents in any ordinary or special licensing district in which the premises in respect of which a license is sought, or to which it relates, are situated, to object, by petition or memorial, which may be in the form in the Fifth Schedule to this Act or to the like effect, at any licensing meeting to the granting or renewal of a license.

Every petition or memorial having reference to the granting, renewal, or removal of a publican’s or New Zealand wine or accommodation or bottle license,—

The said Clerk shall keep a list posted in his office, for seven days previous to each sitting of the Licensing Committee, of all petitions or memorials lodged with him as aforesaid, and every such list and petition or memorial shall be open for public inspection without fee.

The Licensing Committee shall, on receiving any such petition or memorial as aforesaid, erase therefrom all names whereto the foregoing particulars are not appended.

Any Inspector, in any ordinary or special licensing district wherein the premises are situated in respect whereof a license is sought, or to which it relates, or any adult male or female resident or residents in the neighbourhood of such premises, or the owner thereof, may object personally at any licensing meeting to the granting or renewal of a license.

It shall not be necessary for the objectors in this section mentioned to give to the applicant any previous notice of objections to the granting of a license unless such objection be in respect of the character of the applicant.

The applicant shall, if he so requires, on objections being raised at the hearing to the granting of a license to him, of which previous notice has not been given to him three days before such hearing, be entitled, on payment of costs, to an adjournment thereof.

The Council of any county or borough, or the governing body of a corporate town not being a borough, respectively, may authorize any person to object, in a similar manner, on behalf of the ratepayers of such respective county, borough, or town, as the case may be, to the granting or renewal of a license in such county, borough, or town.

Where the premises in respect of which the license is sought are within any Native licensing district, then, besides the persons in the foregoing sections mentioned as being entitled to object to the granting or renewal of a license, any five or more adult male or female Natives whose ordinary permanent abode is within such district may personally object to the granting or renewal of such license.

The objections which may be taken to the granting of a license may be one or more of the following:—

That the applicant is of bad fame and character, or of drunken habits, or has previously forfeited a license, or that the applicant has been convicted of selling liquor without a license within a period of three years; or

That the premises in question are out of repair, or have not the accommodation hereby required, or reasonable accommodation if the premises be not subject to the said requirements; or

That the licensing thereof is not required in the neighbourhood, or that the premises arc in the immediate vicinity of a place of public worship, hospital, or school, or that the quiet of the place in which such premises are situate will be disturbed if a license is granted.

Notwithstanding anything in this Act contained, the Licensing Committee may of their own motion take notice of any matter or thing which in their opinion would be an objection to the granting of a license, or to the renewal, transfer, or removal of a license, although no notice of objection has been given as by this Act is provided. In any such case the Licensing Committee shall inform the applicant, and shall adjourn the further hearing of the application, if requested by the applicant, for any period not less than seven days, and not exceeding fourteen days, in order that the person affected by any such matter of objection may have an opportunity of replying to the same.

The Committee shall forthwith, after such adjournment, cause full notice in writing of the matter or thing which, in their opinion, would be such an objection as aforesaid, to be given to the person or persons affected thereby, or, if he or they cannot be found, to be left at his or their last known place of abode in the place where such application shall be made. Such notice shall also specify the day on which the adjourned application shall be heard.

No person, other than a person entitled to appear before the Licensing Committee and object personally to the granting of a new license, may appear and oppose the granting of such license; and the Licensing Committee may award such costs as they shall deem just to the party who shall succeed in the proceedings before them.

The Licensing Committee shall make rules as to the proceedings to be adopted for the granting of new licenses, and the costs to be incurred in any such proceedings, and the person by whom such costs are to be paid.

If the Licensing Committee shall refuse to grant any application, they may order payment of a sum to meet the reasonable costs and expenses of the person who shall have objected successfully to the granting of such application to be paid to such person by the unsuccessful applicant; and, if the opposition to any application shall appear vexatious or malicious, the Licensing Committee may order payment of a sum to meet the reasonable costs and expenses of the successful applicant, to be paid to him by the person unsuccessfully opposing the application.

Refusal of any application for a license, or for the renewal or removal of a license, shall not prevent an application for a license being made in respect of the same premises at any subsequent annual licensing meeting.

But, if an application for a license is refused, and a license of the same description has been previously refused in respect of the same premises within the period of twelve months, then no such license in respect of those premises shall be granted until after the expiration of twelve months from such second refusal.

In case of the refusal of an application, the Licensing Committee refusing the same shall, at the time of such refusal, make known the objection or objections causing such refusal.

When any application for any license has at any time or anywhere been refused on the ground that the applicant is not a fit person to hold a license, no application by the said applicant, or by any one on his behalf, shall be entertained by any Licensing Committee within a period of three years from the date of the last of such refusals.

If the Licensing Committee shall grant an application, they shall issue to the applicant a certificate in such one of the forms in the Sixth Schedule as shall be applicable, or to the like effect, and shall, in every case in which the license fee is payable to the fund of a county, borough, or road district, cause to be transmitted to the person acting as treasurer of such county, borough, or road district, and in all other cases shall cause to be transmitted to the Colonial Treasurer, or to such Receiver of Revenue as such Colonial Treasurer shall direct, a duplicate of such certificate.

And such officer shall forthwith, after the receipt of every duplicate certificate and payment, issue such license as is authorized by such duplicate.

Every certificate shall be void unless the sum required to be paid for the license thereby authorized be paid to the proper officer entitled to receive the same within fourteen days after the granting of such certificate.

Packet licenses may be granted at any time without notice by the Chairman of the Licensing Committee, or by the Licensing Committee at the licensing meeting held nearest to the place or port to or from which the vessel in respect of which the license applied for ordinarily plies.

Wholesale licenses may be granted at any time by the Chairman of the Licensing Committee, as well as by the Licensing Committee at a licensing meeting, subject in every case to the following notice:

Provided that every person desirous to obtain a wholesale license shall give not less than seven days’ notice in writing of his intention to apply, in form in the Third Schedule, to the Clerk of the Licensing Committee.

Such notice shall be signed by the applicant, and shall set forth his name, abode, and description.

Wholesale licenses may be issued in the name of the firm or copartnership where two or more persons carry on business as spirit merchants in copartnership, but a separate license shall be required in respect of every separate district wherein such firm carries on business.

Conditional licenses may be granted at any time, without notice or any formal application at a licensing meeting, by any two members of the Licensing Committee.

Applications for publicans’ licenses in respect of premises situate in a place or district where, owing to a sudden increase of population or otherwise, the necessity for the immediate grant of publicans3 licenses exists, may be heard and determined at any time by any Resident Magistrate or Warden so soon as the aforesaid place has been declared a special district under this Act, in case no special regulations for the issue of licenses therein have been prescribed.

The license to be granted in the first instance under the provisions of this section shall be a conditional license, but the same fee shall be paid for the same as for a publican’s license.

No license granted under the provisions of this section shall be renewed or transferred; but it shall be necessary for the licensee, in respect of the following year, to apply for a publican’s license to the Licensing Committee of the district at the annual licensing meeting held in the month of June, in the same manner as if he were not a licensed person.

The Licensing Committee shall exercise their discretion in granting or refusing any certificate for any description of license, and shall not be obliged to grant the same merely because the requirements of the law as to accommodation or personal fitness of the applicant are fulfilled, unless in their opinion there is a necessity for the publichouse or other establishment for the sale of intoxicating liquors for which application is made.

It shall be lawful for the Licensing Committee, at any quarterly licensing meeting, to determine and put an end to any license then current, if it shall be proved to their satisfaction that the licensed house is conducted in an improper manner, or that the holder of such license is openly and repeatedly intoxicated, or that any conditions upon which the license was granted have not been fulfilled in a satisfactory manner.

No license shall be granted under this Act to any person or in respect of any premises declared by or in pursuance of this Act to be a disqualified person or disqualified premises during the continuance of such disqualification. Any license held by any person so disqualified or attached to premises so disqualified shall be void.

Every licensed person shall, subject to objections as hereinbefore provided for, and to the discretionary power vested in every Licensing Committee by this Act, be entitled to obtain from the Licensing Committee a certificate authorizing the renewal of his license on producing such license, and upon payment to the proper officer of the annual fee due in respect of such license, provided such license has not been allowed to expire, or has not been forfeited or become void from any cause whatever:

Provided that after the end of the month of March next, the renewal of any license shall be granted only at the annual licensing meeting to be held in the month of June in each year.

Provided further that, in the year one thousand eight hundred and eighty-two, renewals of licenses may be granted at the quarterly licensing meetings to be held in the months of March, September, and December, for licenses expiring during the said months respectively; but such renewals shall be granted only for the period intervening between the grant of the renewal and the succeeding annual licensing meeting.

A proportionate fee shall be paid in respect of the renewals last aforesaid, as follows, that is to say,—

For all renewals of licenses granted at the aforesaid meeting in March, one-fourth of the annual license fee prescribed under this Act:

For all renewals of licenses granted at the aforesaid meeting in September, three-fourths of the annual license fee prescribed as aforesaid:

For all renewals of licenses granted at the aforesaid meeting in December, one-half of the annual license fee prescribed as aforesaid.

On application for the renewal of any accommodation license, the Licensing Committee may—

Vary the conditions upon which any such license shall be renewed; or

At the request of the applicant, grant to him a publican’s license instead of renewing his accommodation license, if they shall see fit and think the accommodation provided to be sufficient; or

Require the applicant to enlarge his premises within a certain time to be specified by the Committee, and to take out a publican’s license for the same, renewing his accommodation license only for the time so specified, on such conditions as they shall think fit.

The Licensing Committee may refuse to grant a certificate of renewal of any license if it shall be proved to their satisfaction that such license is liable to be forfeited under any of the provisions of this Act.

The objections that may be taken to the renewal of a license may be one or any of the following:—

That the applicant is of bad fame and character, or of drunken habits; or

That the premises in question are not maintained at the required standard, or are out of repair, or that the rooms are insufficiently furnished for public accommodation, or that the place of convenience is not kept in a clean and wholesome state; or

That the house is conducted in an improper manner, and drunkenness permitted therein; or

That any of the conditions upon which the license was granted have not been satisfactorily fulfilled; or

That the licensing thereof is not required in the neighbourhood, or that the quiet of the place in which such premises are situate will be disturbed if a license is granted.

It shall not be lawful for the Licensing Committee to renew any publican’s license within any borough, except upon the condition that no portion of the licensed premises shall, after a day to be fixed, be used as a retail shop or store, theatre, concert-room, or dancing hall.

No licensed person applying for a renewal need attend in person at the licensing meeting unless he shall be summoned by the Chairman of the Licensing Committee, or unless a written notice of an intention to oppose such renewal shall have been served upon him at least three days before the commencement of such licensing meeting.

The aforesaid notice shall not be valid unless it states in general terms the grounds of objection to the renewal of the license.

The Licensing Committee, on an objection being made to the granting of any renewal, may, notwithstanding that no notice of such objection has been given to the applicant, adjourn the hearing of the application to a future day, and require the attendance of the holder of the license on such day, when the case will be heard and the objection considered as if the notice heretofore prescribed had been given.

The Licensing Committee shall not receive any evidence with respect to any objection to the renewal of a license which is not given on oath.

When the renewal of any license is refused for some reason personal to the licensed person, the licensing meeting at which such refusal shall be made may, if the Licensing Committee think fit so to do, be adjourned to such day, not being less than twenty-one days nor more than thirty days after such meeting, at the same or any other Courthouse or building within the district, as the Licensing Committee may determine.

Application (not being by the person so refused) for a license of the same description as that refused in respect of the same premises may be heard and determined at such adjourned meeting.

The provisions herein contained as to hearing of applications, objections, costs, giving of notices, and rehearing, shall apply to such application as if such provisions were here repeated, with such alterations only as the circumstances of the case require.

All the provisions of this Act with respect to the time and mode of objections to the granting of any license, and the persons by whom the same may be made, shall be applicable to proceedings for the transfer of any license under the provisions of this Act.

If any holder of a license (except a packet license, a wholesale license, or a conditional license) shall desire to transfer his license to any other person, he shall give notice, in such one of the forms in the Third Schedule as shall be applicable, of his intended application in the same manner as notice is required to be given of an application for a license; and such application for transfer of licenses shall be heard at the next quarterly meeting to be held after the delivery of such notice.

The Licensing Committee may transfer any license (except as aforesaid) to the appointee of the holder of such license by an indorsement upon the license in the form in the Seventh Schedule, or to the like effect:

Provided that such transfer shall not be granted unless the appointee of the holder is approved of by the Committee as such appointee:

Provided also that such transferee shall at the next annual licensing meeting apply for a license in the same manner as if he were not a licensed person.

Any person, being the holder of a license under this Act other than a packet license, a wholesale license, or a conditional license, who shall during the currency thereof sell or assign his house or premises in respect of which such license was granted, may make application to the Chairman or any two members of the Licensing Committee, in such one of the forms in the Third Schedule as shall be applicable, for a temporary transfer of such license to the person named in such notice, at any time after he shall have delivered a notice of his intended application in the same manner as notice is required to be given of an application for a license.

If such Chairman or any two members of the Licensing Committee think fit, be or they may at once, upon production of a receipt for the payment by the applicant of a fee of two pounds to the proper treasurer, by a memorandum under his or their hand indorsed upon the original license in the form in the Seventh Schedule, or to the like effect, grant such temporary transfer of such license accordingly:

And the effect thereof shall be to authorize the person named in such memorandum to carry on the business specified in such license, at the house or premises in respect of which the same is held, until the next quarterly licensing meeting after such temporary transfer shall have been granted, and no longer.

Every license when indorsed as aforesaid shall forthwith be deposited with the Clerk of the Licensing Committee of the licensing district wherein are situated the premises in respect of which such license is held, and be retained by such Clerk until the granting or refusal of the license to be applied for by any transferee as aforesaid; and, in the event of a refusal or of the neglect of the transferee to apply, the said transferred license shall revert to the transferor.

Upon the transfer of any license, the transferee shall, until the end of the period for which the license was granted, possess all the rights of the original licensed person, and shall be subject and liable to the same duties, obligations, and penalties as if such license had been originally granted to him.

No transfer of any license shall be made, nor shall any application for such transfer be entertained, until the expiration of three months from the time of the granting or previous transfer of such license.

Where a licensee has been legally ejected from any licensed premises, the Licensing Committee may, notwithstanding the non-production of the license therefor, on the application in writing of the owner thereof and the proposed new tenant, grant a special certificate of transfer of such license, in such form as they shall think applicable, to such tenant, if approved of by the Committee; for which indorsement or special certificate a fee of two pounds shall be paid to the proper treasurer.

Any two members of the Licensing Committee may by order authorize any person they may think entitled to the benefit of any license, (other than a packet license, a wholesale license, or a conditional license,) to carry on the business in the licensed premises for the remainder of the term for which the license was granted, in the same manner as if such license had been formally transferred to such person, in any of the following cases, that is to say,—

Whenever any person to whom a license has been granted deserts the licensed premises, or refuses or neglects to transfer the license when justly required so to do; or

If, during the currency of any such license, the holder thereof ceases to occupy the premises in respect whereof the license is held, or his tenancy of such premises is determined by effluxion of time, or by notice to quit, or by any other means whatsoever other than the bankruptcy of the licensee, and be refuses or neglects to transfer the license as aforesaid.

Where any licensed person is convicted of any offence, and in consequence either becomes personally disqualified or has his license forfeited, any two members of the Licensing Committee, upon the application by or on behalf of the owner of the premises in respect of which the license was granted (where the owner is not the occupier), and upon being satisfied that such owner was not privy to nor a consenting party to the act of his tenant, and that he has legal power to eject the tenant of such premises, may by order authorize an agent to carry on the business of such premises until the end of the period for which such license was granted, in the same manner as if such license had been formally transferred to such agent.

If any holder of a license (except a packet license, a wholesale license, or a conditional license) shall desire to remove his license from his licensed premises to any other house in the same licensing district, he shall give notice, in such one of the forms in the Third Schedule as shall be applicable, of his intended application in the same manner as notice is required to be given of an application for a license. A copy of the notice shall be personally served upon, or sent by registered letter to, the owner of the premises from which the license is to be removed:

Provided, however, that objections to the removal of any license may be made in manner provided herein in respect to objections to the granting of licenses.

The Licensing Committee to whom the application is made shall not make an order of removal unless they are satisfied that no objection to such removal is made by the owner of the premises to which the license is attached. If the Licensing Committee shall grant the application, they shall make an indorsement upon the license in the form in the Eighth Schedule, and thereupon the license shall have the same effect as if it had been originally granted in respect of the premises to which it shall be so removed, and the premises from which it shall be so removed shall cease to be licensed premises:

Provided that before such indorsement shall be made the applicant shall pay to the proper treasurer a fee of two pounds in respect of such order of removal.

If the Licensing Committee shall refuse the application, the effect of the license shall not be prejudiced.

In the case of the decease of a licensed person before the expiration of his license, his widow, or, if he shall not have left a widow, any member of his family of the age of twenty-one years, or any person on behalf of such family, may, if specially authorized in writing by the Chairman or any two members of the Licensing Committee, carry on the business of such licensed person until the next quarterly meeting of the Licensing Committee, and no longer.

At such next quarterly meeting the Licensing Committee may authorize such widow or other person to carry on the business of such licensed person for a further period, not exceeding three months, if probate of the will of the deceased or administration of his estate shall not be sooner granted or his license sooner expire.

Every such widow or other person shall be subject to the same obligations as if she or be were the licensee named in the license.

In case of the decease of a licensed person within the period of two calendar months before the expiration of his license, a renewal of such license for one year may, on payment of the proper annual fee, be granted to and in the name of his executor or administrator, or, if probate of his will or administration of his estate shall not have been granted before the next quarterly licensing meeting, then to such person as the Licensing Committee shall consider entitled to obtain probate of his will or administration of his estate, and, if there be more than one of such executors or persons, then to such one of such executors or persons as the Licensing Committee may select.

In the case of the insolvency of a licensed, person, or where any licensed, person is adjudged a bankrupt, or his affairs are liquidated by arrangement before the expiration of his license, his assignees or trustees may, by an agent specially authorized in writing by the Chairman or any two members of the Licensing Committee, carry on the business of such licensed person until the next quarterly meeting of the Licensing Committee, and no longer. At such next quarterly meeting the Licensing Committee may authorize such agent to carry on the business for a further period not exceeding three months, in case the insolvency or bankruptcy has occurred within the three weeks immediately previous to such meeting.

Every such agent shall be subject to the same obligations as if he were the licensee named in the license.

Every license under this Act shall confer upon the executor or administrator, assignee or trustee, the same privileges and (if such executor or administrator, assignee or trustee, avail himself of such privileges) shall impose on him the same duties, obligations, and liabilities as if such license had been granted to him originally.

In case of the marriage of any female being a licensed person, the license held by her shall confer on her husband the same privileges and shall impose on him the same duties, obligations, and liabilities as if such license had been granted to him originally:

Provided that at the quarterly licensing meeting occurring next after any such marriage, the husband of the licensed woman shall apply to the Licensing Committee for the confirmation to him of his wife’s license for the remainder of the term of the duration thereof.

Such confirmation shall be made if the Committee are satisfied that no objection can be made to the character of the husband, and that he has not forfeited a license within the preceding three years.

In case any licensed person becomes a lunatic within the meaning of the Act for the time being in force relating to lunacy, the Chairman or any two members of the Licensing Committee may, upon the application of the wife or any member of the family of such lunatic, or any person on behalf of such family, authorize an agent to carry on the business of the licensed premises of such lunatic until the end of the period for which his license was granted, unless he shall be sooner discharged; and thereupon such agent shall be subject and liable to the same duties, obligations, and penalties as if he were licensed in respect of such premises.

In case any licensed person shall continue or be a lunatic when the time for the renewal of his license arrives, a renewal of such license may be granted by the Licensing Committee to and in the name of his wife or any member of his family, or to any person nominated for that purpose by the Supreme Court Judge of the district.

The provisions hereinbefore contained relating to the renewal of licenses, objections thereto, notices of objections, and otherwise, shall extend and apply to applications for renewals of licenses under this section.

Whenever any license shall be lost or destroyed, the person thereby licensed may apply to the Chairman or any two members of the Licensing Committee for a certificate under his or their hand that such license had been issued to such person; and such Chairman or any two members of the Licensing Committee, on being satisfied that such license is lost or destroyed, and has not been forfeited or transferred, may grant a certificate in the form in the Ninth Schedule, or to the like effect; and upon production of such certificate, and on payment of a fee of one pound, the issuer of such license, or his successor in office, shall deliver a duplicate of such license, which shall be of the same force as the original license.

If the licensed premises of any licensed publican shall be rendered unfit for the carrying on of his business, by fire, tempest, or other calamity, any Chairman or any two members of the Licensing Committee, upon the application by or on behalf of such licensed publican, may, if he or they shall see fit so to do, by order under his or their hand authorize such licensed publican temporarily to carry on his business in some neighbouring house (although not having the accommodation required by this Act) for any period not exceeding six calendar months, to allow of the rebuilding or repair of the premises so rendered unfit as aforesaid.

The annual fees which shall be paid for licenses under this Act shall be respectively as follow:—

For a publican’s license within the limits of any borough, forty pounds; outside the aforesaid limits, twenty-five pounds:

For a New Zealand wine license, one pound:

For an accommodation license, such a sum not exceeding twenty pounds as shall be named therein by the Licensing Committee granting the same:

For a bottle license, forty pounds:

For a packet license for a vessel exceeding fifty tons register, ten pounds; for a vessel not exceeding fifty tons register, five pounds:

For a wholesale license, twenty pounds:

For a conditional license, such a sum not exceeding thirty pounds, according to duration of license, as shall be named therein at the discretion of the proper authorities granting the same:

all which fees shall respectively be paid within fourteen days after the granting of the certificate authorizing the issue of the license.

The fees for all licenses granted in respect of premises situate in each borough and county as herein defined, and each road district outside of such boroughs and counties, shall respectively be paid to the person acting as treasurer for such borough, county, or road district, and shall form part, of the Borough, County, or Road Board Fund, subject however that the Council of such borough or county respectively, and the Road Board of such road district, shall, out of such fees, pay the cost of all charges for printing and advertising the necessary notices relating to the meetings of the Licensing Committee in such borough, county, or road district respectively, as also the actual cost of the travelling expenses incurred by any member of a Licensing Committee or the Clerk thereof in attending any such meeting.

The fees for all licenses granted in respect of premises situate outside of the aforesaid boroughs, counties, and road districts shall be paid into the Public Account.

For the purpose of this section a packet license shall be treated as issued in respect of premises situate at the place where the application is granted.

The fees mentioned in the Tenth Schedule hereto, or such other fees as the Governor in Council shall from time to time prescribe, shall and may be taken from any person making any application for a license, or a renewal, transfer, or removal thereof, under this Act, or otherwise in respect of any matter in such Schedule mentioned.

Such fees shall be paid to the Clerk of the Licensing Committee before the time when the proceedings in respect of which such fees are payable are taken, and all such fees shall be paid into the Public Account.

No fees as aforesaid shall be charged to any officer of police or to any other public officer who may lodge any notice of objection to the grant of a certificate or the issue of any license, or for or in respect of any other proceeding taken by any such officer of police, or other officer, under the provisions of this Act.

All forfeitures shall be sold or otherwise disposed of in such a manner as the Court, or the Justice or Justices making the order, may direct, and the proceeds of such sale or disposal (if any), and all fees, fines, and penalties imposed by this Act, save as is herein otherwise provided, shall be paid into the Public Account.

There shall be kept in every licensing district by the Clerk of the Licensing Committee of each district, in such form as may be prescribed by such Committee—

A register, to be called “the register of licenses,” containing the particulars of all licenses granted in the district, the premises in respect of which they are granted, the names of the owners of such premises, and the names of the holders for the time being of such licenses.

A record of all applications made to the Licensing Committee, or any member thereof, showing the names of the applicants, the nature of the applications, the premises in respect of which the applications are made, the date on which the applications were heard, and the manner in which the same was disposed of, including, in case of a refusal, the cause thereof.

Every Clerk of a Licensing Committee shall, on request, forthwith transmit extracts from any such register of licenses or record of applications to any other Clerk of a Licensing Committee, or to any Inspector, or to any Clerk of a Court of summary jurisdiction.

The Governor may make regulations prescribing the manner in which extracts from any register of licenses or record of applications shall be transmitted by the Clerks of the Licensing Committees to each other, or to any Inspector, or to Clerks of Courts of summary jurisdiction.

Every person applying for a new license, or the renewal of a license, shall state the name of the owner or mortgagee (if any) of the premises in. respect of which such license is granted or renewed, and such name shall be indorsed on the license.

The person whose name is so stated shall, subject as hereinafter mentioned, be deemed for the purposes of this Act to be the owner of the premises.

A Court of summary jurisdiction, on the application of any person who proves to the Court that—

He is entitled to be entered as owner of any premises in place of the person appearing on the register to be the owner; or that

He possesses an estate or interest in premises licensed for the sale of liquors, whether as owner, lessee, or mortgagee, prior or paramount to that of the immediate occupier,

may make an order directing the names of such person to be registered as owner or one of the owners of such premises.

When such estate or interest is vested in two or more persons jointly, one only of such persons shall be registered as representing such estate or interest.

Every such order shall be obeyed by the Clerk of the Licensing Committee, and a corresponding correction may be directed to be made on the license granted in respect of the premises of which such applicant claims to be the owner.

Any ratepayer, any owner of premises to which a license is attached, and any holder of a license within a licensing district shall, upon payment of a fee of one shilling, and any officer of police or Inspector of Licensed Premises without payment, shall be entitled, at any reasonable time, to inspect and take copies of or extracts from any register of licenses for such district.

The Clerk of the Licensing Committee and every other person who prevents the inspection or taking copies of or extracts from the same, or demands any unauthorized fee therefor, shall be liable to a penalty not exceeding five pounds for each offence.

The Licensing Committee may, if they think fit, cause the register of licenses to be divided into parts, and assign a part to any portion of the licensing district.

There shall be paid by each licensed person, and by each person registered as an owner of licensed premises, to the Clerk in respect of such registration the sum or fee of one shilling for every license granted or renewed.

The registers of licenses kept in pursuance of this Act shall be receivable in evidence of the matters required by this Act to be entered therein.

Every indorsement upon a license, and every copy of an entry made in the registers of licenses in pursuance of this Act, purporting to be signed by the Clerk of the Licensing Committee, and (in the case of a copy) certified by the said Clerk to be a true copy, shall be evidence of the matters stated in such indorsement and entry without proof of the signature or authority of the person signing the same.

Every holder of a license under this Act shall, by himself, his agent, or servant, produce such license within a reasonable time after the production thereof is demanded by a Justice of the Peace, constable, or Inspector of Licensed Premises, and deliver the same to be read and examined by him.

Every person who acts in contravention of this section shall be liable to a penalty not exceeding ten pounds.

Every licensed person, except the holder of a packet or wholesale license, shall cause to be painted or fixed, and shall keep painted or fixed, on the front of the premises in respect of which his license is granted, in a conspicuous place, and in letters three inches at least in length, his name, with the addition after the name of the word “licensed,” and of words sufficient to express the business for which his license has been granted; and no person shall have any words or letters on his premises importing that he is licensed in any way other than that in which he is in fact duly licensed.

Every licensed person who acts in contravention of or who fails to comply with the provisions of this section shall be liable to a penalty not exceeding, for the first offence, five pounds, and not exceeding, for the second and any subsequent offence, ten pounds.

Every licensed publican shall keep a lamp affixed over the door of his licensed premises, or within twenty feet thereof, lighted during the whole of every night, from sunset to sunrise, during the time of his holding such license.

Every person who acts in contravention of or who fails to comply with any provision of this section shall forfeit and pay for each such offence a penalty not exceeding forty shillings.

The Licensing Committee may, by indorsement on his license, exempt any publican from compliance with this provision in cases where they shall think the street or particular place, where his licensed premises are situate, to be otherwise sufficiently lighted.

Every holder of a license under this Act shall thoroughly cleanse and disinfect all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, closets, cesspools, and drains of the licensed premises, to the satisfaction of and so often as shall be required by or in accordance with any direction of an Inspector.

No female other than the licensee or the wife or daughter of the licensee, as the case may be, shall be employed in the bar of any licensed house for more than ten hours in each day of twenty-four hours; and no female, except as aforesaid, shall, with or without her consent, be employed in the bar of any licensed house after the hour of eleven post meridiem.

Every holder of a license who shall permit the provisions of this section to be broken upon his licensed premises shall be deemed guilty of a breach of this Act, and shall forfeit and pay for every such offence any sum not exceeding twenty pounds.

Whereas a practice exists in certain parts of the colony of hiring women and young girls to dance in rooms and places where liquors are sold: any contract by which any females shall be hired to dance in any such room or place shall be null and void.

Any room or place in which females shall be so employed or permitted, whether by contract or by a share of the produce of a sale of tickets, or in any other way, shall be taken to be a disorderly house; and the licensee of the premises on which such dancing goes on shall be liable, on conviction, to a penalty of twenty pounds for the first offence, and fifty pounds for a second offence, together with the forfeiture of his license; and a record of every such conviction shall be indorsed on the license by the convicting Justice.

If any licensed person shall permit any room or portion of his licensed premises, or the appurtenances thereof, to be used or occupied as a dancing, concert, or theatrical saloon, or as a place of common resort to which persons shall be admitted by ticket or otherwise, he shall be liable to forfeit his license.

But nothing herein contained shall extend to prevent private societies or assemblies of persons from hiring and using such room or place, and keeping the exclusive control over admission to such room or place, independent of or unconnected with the proprietor or keeper of such house; and, on every occasion of the hiring of such room or place, special leave shall be applied for in writing by one or more of the persons desiring such leave, and such leave shall be obtained in writing from and under the hand of two members of the Licensing Committee of the district; and the occasion on which, and the name or names of one or more of the persons by or on behalf of whom, such room or place is required shall be stated on the face of such written application and leave respectively: Provided that such members of the Committee may, if they think fit, altogether refuse to grant such application.

Every innkeeper failing or refusing, either personally or through any one acting on his behalf, except for some valid reason, to supply lodging, meals, or accommodation to travellers, shall for each offence be liable, on conviction, to forfeit and pay any sum not exceeding ten pounds.

Every innkeeper whose license is granted in respect of premises to be provided with stabling shall at all times keep upon his licensed premises a sufficient supply of hay, corn, or other provender for the use of travellers; which shall, in respect of such last-mentioned publicans, be included in the term “accommodation” in the previous section mentioned.

If any master or other person employing journeymen, workmen, servants, or labourers, shall pay, or cause any payment to be made to, any such journeymen, workmen, servants, or labourers in or at any licensed premises, or in any house in which liquor shall be sold, he shall for every such offence forfeit and pay any sum not exceeding ten pounds: Provided always that nothing herein contained shall extend to any licensed person paying his own journeymen, workmen, servants, or labourers employed solely in his business as licensed person in his licensed house.

No post office or other public office shall be established, or any sitting of any established Court held, in or at any licensed premises, except by special permission of the Licensing Committee. No local rates of any sort shall be paid thereat.

No innkeeper shall recover any debt or demand on account of any liquor supplied by him to any person for consumption on the premises; but such person may sue for and recover the value of any liquor supplied in moderate quantity with meals to any person bonâ fide lodging in the house.

If any innkeeper shall receive in payment or as a pledge for any liquor or entertainment supplied in or from his licensed premises anything except current money, or cheques on bankers, or orders for payment of money, he shall for each such offence pay a penalty not exceeding ten pounds.

The person to whom belongs anything given as a pledge as aforesaid shall have the same remedy for recovering such pledge, or the value thereof, as if it had never been pledged.

No innkeeper shall receive payment in advance for any liquor to be supplied; and any payment so made in advance may be recovered, notwithstanding that any liquor may have been supplied subsequently to such payment.

If any innkeeper shall permit any person to manage, superintend, or conduct the business of his licensed premises during his absence for a longer period than fourteen days in any one year without the previous consent in writing of two members of the Licensing Committee, or shall, whether present in such premises or not, permit any unlicensed person to be in effect the keeper thereof, or shall fail to maintain such premises and the accommodation thereof at the standard hereby required, or, if the license in respect of such premises was granted prior to the commencement of this Act, at the standard heretofore required, or shall allow such premises to become ruinous or dilapidated, he shall be liable to forfeit his license.

But if such premises shall have become ruinous or dilapidated by reason of fire, tempest, or other cause beyond the control of the licensee, the license shall not be forfeited until a reasonable time has elapsed for the reinstatement of such premises.

Every innkeeper shall, at the request of any officer or constable of police, receive into the house mentioned in such license or upon the premises occupied therewith (not being a house or premises situated within a distance of two miles from any morgue), anything in the seventeenth section of “The Coroners Act, 1867,” to the contrary notwithstanding, any dead body that may be brought to such house for the purpose of an inquest being held thereon; and, for every dead body so received and inquest held thereon, he shall be paid the sum of one pound out of any money which may be appropriated for such purpose.

And if he shall refuse to receive such dead body for the purpose aforesaid, he shall be liable to a penalty of any sum not exceeding five pounds.

Every house for which a publican’s license, or an accommodation license, shall be granted shall be considered as a common inn; and no goods or chattels whatsoever bonâ fide the property of any lodger or stranger, and being in such licensed house or the appurtenances thereof, or any place used or occupied therewith in the ordinary course of resort at such licensed house, shall be subject to be distrained or seized for or in respect of any claim of rent for such licensed house or appurtenances, or in respect of any other claim whatsoever against the said house or appurtenances, or the owner thereof.

If any such goods or chattels shall be distrained or seized for rent, or in any other manner contrary to the provisions of this Act, it shall be lawful for any two Justices to inquire into any complaint made in respect of such distress or seizure in a summary manner, and to order such goods or chattels to be restored to the owner or proprietor thereof, and further to order payment of such reasonable costs as shall be incurred by such summary proceedings.

No innkeeper shall be liable to make good to any lodger or guest any loss of or injury to goods or property brought to his licensed premises, not being a horse or other live animal, or any gear appertaining thereto, or any carriage, to a greater amount than the sum of thirty pounds, except in the following cases, that is to say,—

Where such goods or property shall have been stolen, lost, or injured through the wilful act, default, or neglect of such licensee, or any servant in his employ:

Where such goods or property shall have been deposited expressly for safe custody with such licensee:

Provided always that in the case of such deposit it shall be lawful for such licensee, if he think fit, to require as a condition of his liability that such goods or property shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the same.

If any innkeeper shall refuse to receive for safe custody as before mentioned any goods or property of his lodger or guest, or if any such lodger or guest shall, through any default of such licensee, be unable to deposit such goods or property as aforesaid, such licensee shall not be entitled to the benefit of this Act in respect of such goods or property.

Every innkeeper shall, in addition to his ordinary lien, have the right absolutely to sell and dispose of by public auction any goods, chattels, carriages, horses, wares, or merchandise which may have been deposited with him, or left in the house be keeps, or in the coachhouse, stable, stable-yard, or other premises appurtenant or belonging thereto, where the person depositing or leaving such goods, chattels, carriages, horses, wares, or merchandise—

No such sale shall be made until after the said goods, chattels, carriages, horses, wares, or merchandise shall have been for the space of two months in such charge or custody, or in or upon such premises, without such debt having been paid or satisfied.

At least one month before any such sale, the innkeeper shall cause to be inserted in one newspaper circulating in the district where such goods, chattels, carriages, horses, wares, or merchandise, or some of them, shall have been deposited or left, an advertisement, to be repeated once weekly during the whole month, containing notice of such intended sale, and giving shortly a description of the goods and chattels intended to be sold, together with the name of the owner or person who deposited or left the same, where known.

Such innkeeper, after having out of the proceeds of such sale paid himself the amount of any such debt, together with the costs and expenses of such sale, shall, on demand, pay to the person depositing or leaving any such goods, chattels, carriages, horses, wares, or merchandise, the surplus (if any) remaining after such sale.

Every innkeeper shall have the right absolutely to sell and dispose of by public auction any goods, chattels, wares, or merchandise which may have been left in his charge, where the person leaving the same does not reclaim them within six months after having so left them.

No such sale shall be made until the same has been advertised during one month, in manner as provided in the last preceding section.

If any licensed person shall be convicted of felony, perjury, infamous offence, or misdemeanour followed by sentence of imprisonment, he shall forfeit his license.

Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, may be apprehended, and, on conviction before any one or more Justices of the Peace, shall be liable to a penalty of not less than five shillings nor more than twenty shillings, and, in default of payment thereof, may be imprisoned for any period not exceeding forty-eight hours; and on a second conviction, within a period of six months, shall be liable to a penalty not exceeding sixty shillings, and in default may be imprisoned for any period not exceeding seven days; and on a third or subsequent conviction, within such period of six months, shall be liable to be imprisoned for any period not exceeding fourteen days, or, at the discretion of the convicting Justices, to a penalty not exceeding one hundred shillings, and fourteen days’ imprisonment in case of default.

Every person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous or disorderly behaviour, or who is drunk while in charge, on any highway or other public place, of any carriage, horse, cattle, or steam-engine, or who is drunk when in possession of any loaded firearms, may be apprehended, and, on conviction before any one or more Justices of the Peace, shall be liable to a penalty of not less than twenty shillings nor more than sixty shillings, or, in the discretion of the convicting Justices, to imprisonment, with or without hard labour, for any term not exceeding one month.

Where any person shall be arrested in a state of helpless drunkenness—

It shall be the duty of the constable for the time being in charge of such person, until such person shall be brought before the Magistrate or Justices, to visit the said person from time to time, so that not more than three hours shall intervene between any two of such visits. Proper remedies shall be used in order that such person shall not perish from cold or exhaustion, and, if the senior constable present shall think it necessary, medical assistance shall be procured without delay for such person.

The Magistrate or Justices before whom any such person as aforesaid shall be brought may, if he or they shall think fit, remand such person for not more than seven days, and thereafter for such further time as he or they may think proper, to some hospital, infirmary, or other fitting place for curative treatment and care.

When any person shall be so remanded, he shall be deemed to be in the custody of the gaoler, and he may be brought from the place to which he has been sent, and taken before the aforesaid Magistrate or Justices, to be proceeded against for the offence in respect of which he was originally arrested.

All expenses incident in either of such cases, and the cost of his maintenance in any hospital, infirmary, or other place to which he may have been sent for curative treatment, shall be paid by such person aforesaid, and shall be recovered from him in a summary way.

The Magistrate or Justices before whom he shall be brought shall make an order in that behalf, separate from any other order made by him or them in respect of such person or his offence.

In default of payment of such expenses and cost of maintenance, such person may be committed to imprisonment, with or without hard labour, for any term not exceeding three months.

If any innkeeper permits drunkenness, or any violent, quarrelsome, or riotous conduct to take place on his premises, or sells any liquor to any person already in a state of intoxication, or by any means encourages and incites any person to drink, he shall be liable to a penalty not exceeding, for the first offence, twenty pounds, and not exceeding, for the second and any subsequent offence, fifty pounds.

If any innkeeper permits his premises to be the habitual resort of or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution, he shall, if he allow them to remain thereon longer than is necessary for the purpose of obtaining reasonable refreshment, be liable to a penalty not exceeding, for the first offence, ten pounds, and not exceeding, for the second and any subsequent offence, twenty pounds.

If any innkeeper—

Suffers any unlawful game to be carried on on his premises; or

Opens, keeps, or uses, or suffers his premises to be opened, kept, or used, for the purpose of fighting, or baiting any dog, cock, or other kind of animal, whether of domestic or wild nature,—

he shall be liable to a penalty not exceeding, for the first offence, ten pounds, and not exceeding, for the second and any subsequent offence, twenty pounds.

The penalties in this section mentioned shall be irrespective of and in addition to any other penalties to which any person may be liable under any law relating to gaming or cruelty to animals respectively.

A record of every conviction of an offence against any of the last four foregoing sections shall be indorsed on the license of the person convicted.

If any innkeeper is convicted of permitting his premises to be a brothel, he shall be liable to a penalty not exceeding twenty pounds, and shall forfeit his license, and he shall be disqualified for ever from holding any license for the sale of liquors.

Any innkeeper may refuse to admit to and may turn out of the premises in respect of which his license is granted any person who is drunken, or who is violent, quarrelsome, or disorderly, whether drunken or not, and any person whose presence on his premises would subject him to a penalty under this Act, and may refuse to serve any such person with liquor if demanded only as a pretext for remaining on the premises.

Any such person who, upon being requested by such innkeeper, or his agent or servant, or any constable, to quit such premises, refuses or fails so to do, shall be liable to a penalty not exceeding five pounds; and all constables are required, on the demand of such innkeeper, agent, or servant, to expel or assist in expelling every such person from such premises, and may use such force as may be required for that purpose.

Subject as hereinafter mentioned, all licensed premises shall be closed as follows, that is to say,—

If an extension of time for the sale of liquors has been granted,—

All such premises shall be closed on Christmas Day and Good Friday, and on the days preceding Christmas Day and Good Friday respectively, as if Christmas Day and Good Friday were respectively Sunday, and the preceding days were respectively Saturday; but this provision shall not alter the hours during which such premises shall be closed on Sunday, when Christmas Day immediately precedes or succeeds Sunday.

Any person who, during the time at which licensed premises are directed to be closed by or in pursuance of this Act, sells or exposes for sale in such premises any liquor, or opens or keeps open such premises for the sale of liquors, or allows any liquors, although purchased before the hours of closing, to be consumed in such premises, or during such aforesaid time allows any one whomsoever to play at billiards, or bagatelle, or at any other game in such premises, shall for the first offence be liable to a penalty not exceeding ten pounds, and for any subsequent offence to a penalty not exceeding twenty pounds.

Any conviction for an offence against this section shall be recorded on the license of the person convicted.

Nothing in this Act shall preclude an innkeeper who is licensed to sell liquor to be consumed on the premises from selling such liquor at any time to bonâ fide travellers or to persons lodging in his house.

Nothing in this Act contained as to hours of closing shall preclude the sale at any time, at a railway station, of liquors to persons arriving at or departing from such station by railroad, by any person duly licensed in that respect.

If, in the course of any proceedings which may be taken against any innkeeper for infringing the provisions of this Act relating to closing, such person (in this section referred to as “the defendant”) fails to prove that the person to whom the liquor was sold (in this section referred to as “the purchaser”) is a bonâ fide traveller, but the Justices are satisfied that the defendant truly believed that the purchaser was a bonâ fide traveller, and further that the defendant took all reasonable precautions to ascertain whether or not the purchaser was such a traveller, the Justices shall dismiss the case as against the defendant; and, if they think that the purchaser falsely represented himself to be a bonâ fide traveller, it shall be lawful for the Justices to direct proceedings to be instituted against such purchaser under the next following section of this Act.

A person, for the purposes of this Act, shall not be deemed to be a bonâ fide traveller unless the place where be lodged during the preceding night is at least three miles distant from the place where be demands to be supplied with liquor, such distance to be calculated by the nearest public thoroughfare.

Every person who, by falsely representing himself to be a traveller or a lodger, buys or obtains, or attempts to buy or obtain, at any premises, any liquor during the period during which such premises are closed in pursuance of this Act, shall be liable to a penalty not exceeding five pounds.

No person shall sell or expose for sale any liquor without being duly licensed to sell the same, or at any place where be is not authorized by his license to sell the same.

Any person selling or exposing for sale any liquor which he is not licensed to sell, or selling or exposing for sale any liquor at any place where be is not authorized by his license to sell the same, shall be subject to the following penalties, that is to say,—

For the first offence he shall be liable to a penalty not exceeding fifty pounds, or to imprisonment, with or without hard labour, for a term not exceeding one month;

For the second offence he shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, for a term not exceeding three months, and he may, by order of the Court by which he is tried, be disqualified for any term not exceeding five years from holding any license for the sale of liquors;

For the third and any subsequent offence he shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, for any term not exceeding six months, and may, by order of the Court by which he is tried, be disqualified for any term of years, or for ever, from holding any license for the sale of liquors.

In addition to any other penalty imposed by this section, any person convicted of a second or any subsequent offence under this section shall, if he be the holder of a license, forfeit such license, and, in the case of a conviction for any offence under this section, the Court may, if it thinks expedient so to do, declare all liquors found in possession of any such person as last aforesaid, and the vessels containing such liquor, to be forfeited.

The occupier of any unlicensed premises on which any liquor is sold, or, if such premises are occupied by more than one person, every occupier thereof, shall, if it be proved that he was privy or consenting to the sale, be subject to the penalties imposed upon persons for the sale of liquors contrary to license.

If any purchaser of any liquor from a person who is not licensed to sell the same to be drunk on the premises drinks such liquor on the premises where the same is sold, the seller of such liquor shall, if it shall appear that such drinking was with his privity or consent, be subject to the following penalties, that is to say,—

For the purposes of this section the expression "premises where the same is sold” shall include any premises adjoining or near the premises where the liquor is sold, if belonging to the seller of the liquor, or under his control, or used by his permission.

A record of every conviction for an offence against this section shall be indorsed on the license of the person convicted.

If any person having a license to sell liquors not to be drunk on the premises himself takes or carries, or employs or suffers any other person to take or carry, any liquor out of or from the premises of such licensed person for the purpose of being sold on his account or for his benefit or profit, and of being drunk or consumed in any other house, or in any tent, shed, or other building of any kind whatever, belonging to such licensed person, or hired, used, or occupied by him, or on or in any place, whether enclosed or not, and whether or not a public thoroughfare, such liquor shall be deemed to have been consumed by the purchasers thereof on the premises of such licensed person with his privity and consent, and such licensed person shall be punished accordingly in manner provided by this Act.

A record of every conviction for an offence against this section shall be indorsed on the license of the person convicted.

In any proceeding under this section it shall not be necessary to prove that the premises or place or places to which such liquor is taken to be drunk belonged to or were hired, used, or occupied by the seller, if proof be given to the satisfaction of the Court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the conditions of his license.

Every person who makes or uses, or allows to be made or used, any internal communication between any licensed premises and any unlicensed premises which are used for public entertainments or resort, or as a refreshment-house, shall be liable to a penalty not exceeding ten pounds for every day during which such communication remains open.

In addition to any penalty imposed by this section, any person convicted of an offence under this section shall, if he be the holder of a license, forfeit such license.

After the grant of a publican’s license no bar, beyond the number stated on the license, shall be opened or used in or upon the licensed premises, except with the consent of the Licensing Committee of the district, which consent shall be indorsed on the license.

If any person shall open or use any such bar for the sale of liquors, or shall knowingly permit the same to be opened or used for such sale, without such consent as aforesaid, and the payment of the fee in respect thereof hereinbefore provided, he shall be deemed to have been guilty of selling without a license.

Any person selling or exposing for sale any liquor

shall, notwithstanding anything contained in any Act to the contrary, be deemed to be a person selling or exposing for sale liquor at a place where he is not authorized by his license to sell the same, and be punishable accordingly:

Provided that this section shall not apply to any person selling or exposing for sale liquors in premises in which he is duly authorized to sell the same throughout the year, although such premises are situate within the limits aforesaid.

For the purpose of so much of this Act as relates to offences against public order, illicit sales, and the adulteration of liquor, and the sections for giving effect to the same, a person taking out a conditional license shall be deemed to be a licensed person within the meaning of the said sections, and the place in which any liquors are sold in pursuance of any such license shall be deemed to be licensed premises, and to be the premises of the person taking out such license.

Any licensed person who allows to be supplied in his licensed premises, by purchase or otherwise, to be consumed on the premises—

shall, as well as the person who actually gives or supplies the spirits, wine, ale, beer, or porter, be liable to pay a penalty not exceeding ten pounds for every such offence.

Upon a conviction for a first offence against this section, the convicted person, if licensed, shall be liable to have his license suspended for six months; and, in case of a second or any subsequent offence, he shall be liable to forfeit his license, and the premises in respect of which such license is granted shall be liable to be declared disqualified for a period of not less than two years nor exceeding five years.

When it shall be made to appear in open Court that any person, by excessive drinking of liquor, misspends, wastes, or lessens his or her estate, or greatly injures his or her health, or endangers or interrupts the peace and happiness of his or her family, the Justices presiding in such Court shall, by writing under the hands of any two such Justices, forbid any licensed person to sell to him or her any liquor for the space of one year, and such Justices, or any other two Justices, may, at the same or any other time, in like manner, forbid the selling of any such liquor to the said drunkard by any such licensed persons of any other city, town, or district to which the drunkard shall or may be likely to resort for the same.

The said Justices, or any two of them, shall, in like manner, from year to year, renew any such prohibition as aforesaid as to all such persons as have not, in their opinion, reformed within the year; and if any licensed person shall, during any such prohibition, after service of a copy thereof upon him or her, or with a knowledge thereof in any other manner acquired, sell to any such prohibited person any liquor, he or she shall forfeit upon conviction, for every such offence, a sum not exceeding ten pounds.

Whenever Justices shall, in execution of the foregoing provisions, have prohibited the sale of liquor to any such drunkard, if any other person shall, with a knowledge of such prohibition, give, sell, purchase, or procure for or on behalf of such prohibited person, or for his or her use, any such liquor, be or she shall forfeit upon conviction, for every such offence, a sum not exceeding five pounds.

In proving the sale or consumption of liquor for the purpose of any proceeding relative to any offence under this Act, it shall not be necessary to show that any money actually passed or any liquor was actually consumed, if the Court hearing the case be satisfied that a transaction in the nature of a sale actually took place, or that any consumption of liquor was about to take place; and proof of consumption or intended consumption of liquor, on premises to which a license under this Act is attached, by some person other than the occupier of or a servant in such premises, shall be evidence that such liquor was sold to the person consuming, or being about to consume, or carrying away the same, by or on behalf of the holder of such license.

The evidence of any person shall be admitted in proof of unlawful sale of liquor, although he may have himself purchased the same, and such evidence, if otherwise good, shall be sufficient to support a conviction for such offence.

In all proceedings against any person for selling or allowing to be sold any liquor without a license, such person shall be deemed to be unlicensed unless he shall at the hearing of the case produce his license.

The fact of any person, not being a licensed person, keeping up any sign, writing, painting, or other mark in or near to his house or premises, or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce a reasonable belief that such house or premises is or are licensed for the sale of any liquor, or that liquor is sold or served therein, or of there being on such premises more liquor than is reasonably required for the use of the persons residing therein, shall be deemed primâ facie evidence of the unlawful sale of liquor by such person.

Every person shall be guilty of felony who shall forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, any license, or any seal or signature to any license, or shall use or tender in evidence any such forged, counterfeited, or altered license or seal or signature, knowing the same to be forged, counterfeited, or altered.

Any person having in his possession or under his control, or selling or purchasing or contracting to sell or purchase, any labels, appropriate and intended for the purpose of labelling bottles containing liquor, such labels not containing imprinted thereon in plain and legible characters the words “Bottled in New Zealand,” and the name of the bottler using the said labels, shall be liable to a penalty of not less than twenty pounds nor more than one hundred pounds, and all such labels shall be forfeited.

Any person who, having in his possession or under his control any bottles with labels affixed thereon, shall without destroying such labels make use of such bottles for the purpose of bottling liquor for sale, shall be liable to a penalty of not less than twenty pounds nor more than two hundred pounds for each offence; and any person knowingly selling or purchasing such liquor so bottled shall be liable to a like penalty for each offence.

The Governor may appoint a sufficient number of proper persons to be Inspectors of Licensed Premises (herein called “Inspectors”), and may remove any such person and supply any vacancy thereby or otherwise occurring. Such persons shall be under the control of the Minister.

Every chief officer of police, as herein defined, and every other officer of police not below the grade of sergeant of police, shall, by virtue of his office, be an Inspector of Licensed Premises under this Act.

Every Inspector of Licensed Premises shall have all the powers, duties, and authorities which an Inspector of Nuisances or other Inspector has under the provisions of any Act in force relating to the prevention of adulteration.

It shall be the duty of the Inspectors to enforce and superintend the carrying out of this Act in every respect.

It shall also be the duty of the Inspectors to prosecute any licensed person, or person licensed or registered under “The Distillation Act, 1868,” guilty of any infringement of any Act in force relating to the registration of trade-marks.

Any Inspector may at all times during business hours, and after such hours for reasonable cause, enter on any premises licensed under this Act, or premises registered under “The Distillation Act, 1868;” he may also examine every room and part of such premises, and take an account of all liquor therein, and may demand, select, and obtain any samples of liquor which may be in such house or premises, such samples to be sealed by the Inspector in the presence of the licensed or other person in charge of the premises, and, if such licensed or other person shall so desire, with the seal of such licensed or other person, and, on paying or tendering payment for such samples of liquor, may remove the same for the purpose of analysis or otherwise.

If any licensed or other person in charge of any premises refuses or fails to admit any Inspector demanding to enter in pursuance of this section, or refuses to permit any Inspector to select or obtain such samples, or refuses or fails to furnish him with such light or assistance as he may require, or obstructs such Inspector, or causes or permits him to be obstructed or delayed in the discharge of his duty, such licensed or other person shall be liable to a fine not exceeding twenty pounds.

If any Inspector takes or receives any fee, perquisite, gratuity, or reward, whether pecuniary or of any other sort or description whatever, directly or indirectly, from any person on account of anything done or to be done by him in or in any way relating to his office or employment, except such as he shall receive from the Government or under any order or permission of the Minister, every such Inspector so offending shall, on proof thereof to the Minister, be dismissed from his office, and shall also, on conviction, be liable to imprisonment for a term not exceeding twelve months.

If any person directly or indirectly gives, offers, or promises to give to any Inspector any fee, perquisite, gratuity, or reward, such person shall, for every such offence, forfeit a sum not less than twenty pounds nor more than one hundred pounds.

Any Inspector or constable may, for the purpose of preventing or detecting the violation of any of the provisions of this Act which it is his duty to enforce, at all times enter on any licensed premises, or any premises in respect of which an occasional license is in force.

Every person who, by himself or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit, without any unnecessary delay, any constable in the execution of his duty demanding to enter in pursuance of this section, shall be liable to a penalty not exceeding, for the first offence, five pounds, and not exceeding, for the second and every subsequent offence, ten pounds.

Any Justice of the Peace, if satisfied by information on oath that there is reasonable ground to believe that any liquor is sold, or exposed or kept for sale, at any place, whether a building or not, in which such liquor is not authorized to be sold, may, in his discretion, grant a warrant under his hand by virtue whereof it shall be lawful for any constable named in such warrant, at any time or times within one month from the date thereof, to enter, and, if need be, by force, the place named in the warrant and every part thereof, and examine the same, and search for liquor therein, and seize and remove any liquor found therein which there is reasonable ground to suppose is in such place for the purpose of unlawful sale at that or any other place, and the vessels containing such liquor.

In the event of the owner or occupier of any premises being convicted of selling, or exposing, or keeping for sale, any liquor which he is not authorized to sell, the liquor so seized, and the vessels containing such liquor, shall be forfeited.

When any Inspector or constable has, in pursuance of a warrant, entered any premises and seized any liquor therein, any person found at the time on the premises shall, until the contrary is proved, be deemed to have been on such premises for the purpose of illegally dealing in liquor, and be liable to a penalty not exceeding forty shillings.

Any Inspector or constable may demand the name and address of any person found on the premises on which he seizes or from which he removes any such liquor as aforesaid, and, if he has reasonable ground to suppose that the name or address given is false, may examine such person further as to the correctness of such name and address, and may, if such person fail upon such demand to give his name or address, or to answer satisfactorily the questions put to him by the constable, apprehend him without warrant, and carry him as soon as practicable before a Justice of the Peace.

Any person, required by an Inspector or constable under this section to give his name and address, who fails to give the same, or gives a false name or address, or gives false information with respect to such name and address, shall be liable to a penalty not exceeding five pounds.

Every person who shall sell, or offer for sale, any liquor with which is mixed any ingredient or material injurious to health, or whereby such liquor is rendered injurious to the health of persons drinking the same, and every person who shall sell as unadulterated any liquor which is adulterated, shall, on conviction, be liable for every such offence to a penalty not exceeding twenty pounds.

The provisions of the three next following sections of this Act shall apply in respect of every offence against this section.

Where a licensed person is convicted of any offence against the provisions of any Act for the time being in force relating to the prevention of adulteration, such conviction shall be entered in the proper register of licenses, and may be directed to be recorded on the license of the offender in the same manner as if the conviction were for an offence against this Act, and when so recorded shall have effect as if it had been a conviction for an offence against this Act.

Such licensed person shall further, in the case of a second or any subsequent offence, be liable to forfeit his license, and the premises in respect of which such license is granted shall be liable to be declared to be disqualified premises for a period of not less than two years nor exceeding five years.

In the case of a second and any subsequent offence, until the license is forfeited, a record of the conviction shall be indorsed on the license of the person convicted.

Where a licensed person is convicted of any offence for adulteration of drink, and his license is not forfeited for such offence, the police authority of the district shall cause a placard stating such conviction to be affixed to the premises. Such placard shall be of such size and form, and shall be printed with such letters, and shall contain such particulars, and shall be affixed to such part of the licensed premises, as the convicting Justices may think fit, and such licensed person shall keep the same affixed during two weeks after the same is first affixed; and,

If be fails to comply with the provisions of this section with respect to keeping affixed such placard, or defaces or allows such placard to be defaced, or if the same is defaced and be fails forthwith to renew the same, he shall be liable to a penalty not exceeding forty shillings for every day on which the same is not so undefaced; and any constable may affix or reaffix such placard during the said two weeks, or such further time as may be directed by a Court of summary jurisdiction.

In every case of a second and any subsequent conviction for adulteration of drink, the convicting Justices shall cause the offender’s name, place of abode, and offence to be published, at the expense of the offender, in such newspaper or newspapers, or in such other manner, and from time to time, as to the said Justices shall seem desirable.

Save and except for the offences under section one hundred and seventy-three, every offence under this Act shall be prosecuted, and every penalty and forfeiture shall be recovered and enforced, and every order of Justices or of a Justice under this Act shall be enforced, in manner provided as to procedure in summary jurisdiction by “The Justices of the Peace Act, 1866,” or any existing modification of such Act: Provided that, except as in this Act otherwise expressly provided, every information or complaint (other than in a case where the offence charged is that of being found drunk in any highway or other public place, or in any licensed premises) shall be heard and determined by two or more Justices of the Peace (herein described as a Court of summary jurisdiction), or by a Resident Magistrate for the time being empowered by law to do alone any act authorized to be done by more than one Justice of the Peace, and sitting alone or with others at some Court or other place.

Where under this Act any sum for costs and expenses (other than costs upon a conviction or order of dismissal of an information), or for compensation, or both, is ordered or awarded to be paid by any person, the amount thereof shall be recovered in manner provided as to procedure in summary jurisdiction for the recovery of costs awarded upon the dismissal of an information or complaint.

The Court committing any person to prison for non-payment of a penalty under this Act may order him to be imprisoned with hard labour.

The description of any offence under this Act in the words of such Act, or in similar words, shall be sufficient in law.

Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information; and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.

No conviction or order made in pursuance of this Act relative to any offence, penalty, forfeiture, or summary order shall be quashed for want of form, or be removed, by certiorari or otherwise, either at the instance of the Crown or of any private party, into any superior Court. Moreover no warrant of commitment in any such matter shall be held void by reason of any defect therein: Provided that there is a valid conviction to sustain such warrant, and it is alleged in the warrant that the party has been convicted.

Where any person holding a license under this Act is convicted of any offence against this Act, the convicting Justices may not, except in the case of a first offence, reduce the penalty to less than twenty shillings, nor shall the penalty be reduced, in any case, to less than the minimum authorized by any other Act.

Where it is required by this Act that a record of a conviction shall be indorsed on the license of the person convicted, the following provisions shall have effect, that is to say,—

The Court before whom any licensed person is accused shall require such person to produce, and deliver to the Clerk of the Court, the license under which such person carries on business, and the summons shall state that such production will be required:

If such person is convicted, the Court shall cause the short particulars of such conviction, and the penalty imposed, to be indorsed on his license before it is returned to the offender:

The Clerk of the Licensing Committee shall enter the particulars respecting such conviction, or such of them as the case may require, in the register of licenses kept by him under this Act:

If the Clerk to the Court be not the Clerk to the Licensing Committee, he shall send forthwith to the last-mentioned Clerk notice of such conviction and of the particulars thereof:

Where the conviction of any such person has the effect of forfeiting the license, or of disqualifying any person or premises for the purposes of this Act, the license shall be retained by the Clerk of the Court, and notice of such forfeiture and disqualification shall be sent to the officer authorized to issue licenses in the district, and, if the Clerk to the Court is not the Clerk to the Licensing Committee, to the last-mentioned Clerk, together with the forfeited license.

Where any licensed person is convicted of any offence against this Act, in respect of which a conviction is not directed to be indorsed on the license of the offender, the Court before whom the offender is brought may either pass sentence at once, or postpone the same until the register of licenses in which the license of the offender is entered, or a copy of the entries therein relating to the license of the offender, certified to be a true copy by the Clerk of the Licensing Committee, is produced to the Court, and, after inspecting the entries therein in relation to the license of the offender, or such copy thereof as aforesaid, the Court shall declare, as part of its sentence, whether it will or will not cause a record of the conviction for such offence to be indorsed on the license of the offender, and, if it decide that such record is to be indorsed, the same shall be indorsed accordingly.

Where a licensed person is convicted of more offences than one committed on the same day, the Justices by whom be is convicted may, in their discretion, order that a record of one, or of some only, of such convictions shall be indorsed on his license.

A conviction for any offence under this Act shall not, after five years from the date of such conviction, be receivable in evidence against any person for the purpose of subjecting him to an increased penalty, or to any forfeiture.

If any licensed person is convicted of any offence against this Act, and any previous conviction for any offence against this Act is proved to have been made against him within six calendar months next preceding, he shall be liable to forfeit his license.

If any licensed person is convicted of any offence against the one hundred and forty-sixth, one hundred and forty-seventh, one hundred and forty-ninth, or one hundred and sixty-sixth sections of this Act, (relating respectively to permitting drunkenness, keeping a disorderly house, permitting gambling, and supplying children with liquor,) and two previous convictions for offences (whether of the same or different kinds) against some one or more of the same sections shall be proved to have been made against him within the five years next preceding, he shall be disqualified for a term of five years from holding any license; and,

If such three convictions shall have been made against him while be was licensed in respect of the same premises, the premises in respect of which his license was granted shall, unless the Court having cognizance of the case in its discretion thinks fit otherwise to order, be disqualified from receiving any license for a term of two years from the date of such third conviction.

Nothing in this or the preceding section contained shall prevent the infliction of any pecuniary penalty or any term of imprisonment to which such licensed person would otherwise be liable, or shall preclude the exercise of any power given by any other section of this Act of disqualifying such licensed person or such premises for a longer period than the term mentioned in this section.

The following additional provisions shall also apply in respect of licensed premises, namely,—

A record of the second and every subsequent conviction indorsed on the license of any one licensed person shall also be entered in the register of licenses against the premises:

When four convictions (whether of the same or of different licensed persons) have within five years been so registered against premises, those premises shall be disqualified during one year for the purposes of this Act:

If the licenses of two persons licensed in respect of the same premises are forfeited within any period of two years, the premises shall be disqualified for one year from the date of the last forfeiture:

Provided that, where any premises are disqualified under this section, notice of such disqualification shall be served upon the owner of the premises in like manner as an order of disqualification is required to be served under this Act, and the regulations for the protection of the owner of the premises in case of an order of disqualification shall, so far as the same are applicable, extend to the case of disqualification under this section.

Where any tenant of any licensed premises is convicted of an offence against this Act, and such an offence is one the repetition of which may render the premises liable to be disqualified from receiving a license for any period, it shall be the duty of the Clerk of the Justices making the conviction to serve notice of every such conviction on the owner of the premises.

Where any order declaring any licensed premises to be disqualified from receiving a license for any period has been made, the Justices making such order shall cause the same to be served on the owner of such premises, where the owner is not occupier, with the addition of a statement that a meeting of Justices will be held at a time and place therein specified, at which the owner may appear and appeal against such order on all or any of the following grounds, but on no other grounds:—

That notice, as required by this Act, has not been served on the owner of a prior offence which on repetition renders the premises liable to be disqualified from receiving a license for some period;

That the tenant by whom the offence was committed held under a contract made prior to the commencement of this Act, and that the owner could not legally have evicted the tenant in the interval between the commission of the offence in respect of which the disqualifying order was made and the receipt by him of the notice of the immediately-preceding offence which on repetition renders the premises liable to be disqualified from receiving a license any period; or,

That the offence in respect of which the disqualifying order was made occurred so soon after the receipt of such last-mentioned notice that the owner, notwithstanding be had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred between the said notice and the second offence.

Where a record of a conviction of an offence is by this Act directed to be indorsed on the license of any person, the fact of no such record having been made shall not, if such conviction be otherwise proved to the satisfaction of the Court having cognizance of any case under this Act, exempt such person, or the premises occupied by him, from any penalty to which such person or premises would have been subject if such record had been duly made. And, on such proof being given, the omitted record may be indorsed accordingly, and shall be deemed to have been duly made in accordance with this Act.

If any person defaces or obliterates, or attempts to deface or obliterate, any indorsement of a record of a conviction on his license, he shall be liable to a penalty not exceeding five pounds.

Any two Justices of the Peace, where any riot or tumult happens or is expected to happen, may order every licensed person in or near the place where such riot or tumult happens or is expected to happen to close his premises during any time which the Justices may order.

It shall be lawful for any person acting by order of any Justices to use such force as may be necessary for the purpose of closing such premises; and any person who keeps open his premises for the sale of liquors during any time at which the Justices have ordered them to be closed shall be liable to a penalty not exceeding fifty pounds, and shall also be liable to the same penalties as in the case of a licensee keeping his house open at unauthorized hours.

Whenever the colonial forces shall be employed for the purpose of suppressing rebellion or other disturbances in any part of the colony, and shall be stationed at any place near to or within such part, it shall be lawful for the Governor from time to time by Proclamation to declare that, from and after a day to be fixed therein, such part of the colony as shall be defined in the Proclamation shall be a proclaimed district within the meaning and for the purposes of this Act.

Thereupon it shall not be lawful for any person whomsoever to sell or supply any liquor of any kind without the permission of such person as the Governor shall from time to time appoint to grant permits for the sale of such liquor within such district.

If any person not being the holder of a permit so granted as aforesaid shall keep his house open, or shall sell or supply any liquor, whether for money or other reward or without money or reward, within any district after the day fixed in any Proclamation relating to such district as the day for the coming into operation thereof, such person shall be liable to forfeit and pay a penalty of not less than twenty nor more than one hundred pounds, to be recovered in a summary way before any one or more Justices of the Peace.

It shall be lawful for any such person as shall be authorized by the Governor to grant permits for the sale of liquor within any such district to grant the same upon such conditions as he shall think fit, and at any time to revoke and cancel such permits.

It shall be lawful for the officer in command of any force engaged in active operations from time to time, by a notice in writing published in such manner as he shall think fit, to declare any portion of the colony within which he shall be so engaged, and the boundaries whereof shall be defined in such notice, to be a district within which no liquor shall be imported by sea or land without a permit granted by him; and the officer so commanding may seize and carry away, or cause to be seized and carried away, any liquor imported into any such district without such permit, and the same shall be forfeited to Her Majesty.

And any such officer may at any time revoke any such notice so made by him.

All notices and documents required by this Act to be served or sent may, unless otherwise expressly provided, be served and sent by post, and, until the contrary is proved, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post; and, in proving such service or sending, it shall be sufficient to prove that the letter containing the notice or document was prepaid or franked and properly addressed.

Where any officer or other person interested in any licensed premises is entitled to receive notice of a conviction under this Act, he shall supply his address to the Clerk or other person required to send such notice, and any notice sent to such address shall be deemed to be duly served, and, where no notice is supplied in pursuance of this section, all notices shall be deemed to be duly served if sent to any address which such Clerk or other person, in the exercise of his discretion, believes to be the address of the person to whom the notice was sent: Provided that any notice of any offence required by this Act to be sent to the owner of licensed premises shall either be served personally or sent by registered letter.

If any person is sued or prosecuted for anything done by him in pursuance or execution or intended execution of this Act, he may plead generally that the same was done in pursuance or execution or intended execution of this Act, and give the special matter in evidence.

If any person shall wilfully insult any member of the Licensing Committee, or their Clerk, while sitting or acting in any proceedings under this Act, or shall wilfully interrupt the said proceedings, every such person shall be liable to a penalty not exceeding ten pounds for each offence; and in default of payment the offender may be committed to prison for any term not exceeding fourteen days, unless the fine shall be sooner paid.

If any person shall, in any proceedings before any Licensing Committee, or upon any examination before any such Committee, wilfully and corruptly give any false evidence, such person shall be deemed and taken to be guilty of perjury.

Every order made by any Licensing Committee shall and may be enforced in the same manner as any order or judgment of a Resident Magistrate may be enforced, according to the law for the time being in force for regulating summary proceedings before Justices of the Peace.

The following regulations shall be made with respect to licenses:—

Every license granted after the commencement of this Act shall be in the form prescribed by this Act: Provided that licenses granted at any quarterly licensing meeting, or adjournment thereof, between the first of October and the end of December, one thousand eight hundred and eighty-one, may be in the forms heretofore in use; but any conditions contained in any license so granted which are contrary to the provisions of this Act shall be of no effect.

A renewal of a license may be made by an indorsement on the license, or by the issue of a copy of the old license; but in the latter case there shall be indorsed on such copy all convictions made within the previous five years which are indorsed on the old license.

All forms of notices, certificates, and other documents authorized or: required by this Act shall be deemed sufficient if made in the form herein prescribed or to the effect thereof; and the forms of such notices, certificates, and other documents may be altered to suit the circumstances of any case to which such forms may be applicable.

The Governor may, by Order in Council, from time to time, make, alter, and revoke regulations, not being contrary to the provisions of this Act, for the more efficient administration of this Act in any part of the colony, and the said regulations, on being gazetted, shall have the force of law.

If through any accidental or unavoidable impediment, misfeasance, or omission anything required by this Act to be done is omitted to be done, or is not done within the time fixed, the Governor in Council may take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission, and may validate anything which may have been irregularly done in matter of form, so that the intent and purpose of this Act may have effect.

Nothing in this Act contained shall prevent any person from being liable to be indicted or punished under any other Act or otherwise, so that he be not punished twice for the same offence.

Nothing in this Act shall apply to clubs, except the provisions hereinafter contained.

Save and excepting so far as may be necessary to give effect to the provisions of sections two, six, and seven of this Act, the enactments enumerated in the Eleventh Schedule hereto, and all other enactments whatsoever relating to the licensing of publichouses or billiard-tables, and regulating the sale of intoxicating liquors in any part of the colony, whether affecting Europeans or Natives or both races, are hereby repealed.