Licensing Act 1908
Licensing Act 1908
Checking for alerts... Loading...
Licensing Act 1908
Licensing Act 1908
Public Act |
1908 No 104 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Sale of Intoxicating Liquors.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 short Title.
Enactments consolidated.
(1.)
The Short Title of this Act is “The Licensing Act, 1908.”
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All Proclamations, Orders in Council, orders, regulations, polls, Committees, offices, appointments, certificates, licenses, charters, registers, registrations, records, instruments, and generally all acts of authority which originated under any of those enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:
Provided that in the case of persons elected or appointed to any office for a specified term the current term shall be computed from its commencement.
Special as to bottle Licenses
(b.)
Such of the provisions of those enactments as relate to bottle licenses, and are in force on the coming into operation of this Act, shall continue in force as if this Act had not been passed: Provided that nothing herein shall be construed to recognise the lawful existence of such licenses.
(c.)
All applications, matters, and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(3.)
This Act is divided into Parts, as follows:—
Part I.—Licensing Districts. (Sections 5 to 10.)
Part II.—Licensing Poll. (Sections 11 to 41.)
Part III.—Licensing Committees. (Sections 42 to 69.)
Part IV.—Licenses. (Sections 70 to 147.)
Part V.—Licensed Premises. (Sections 148 to 210.)
Part VI.—Prohibition Orders. (Sections 211 to 217.)
Part VII.—Inspection of Licensed Premises. (Sections 218 to 239.)
Part VIII.—Legal Procedure. (Sections 240 to 258.)
Part IX.—Clubs. (Sections 259 to 268.)
Part X.—Special Provisions as to Maoris. (Sections 269 to 273.)
Part XI.—The Cook Islands. (Sections 274 to 283.)
Part XII.—General Provisions. (Sections 284 to 305.)
2 Saving of Acts.
1881, No. 21, sec. 2
Nothing in this Act shall derogate from or annul any of the provisions of “The Distillation Act, 1908,”
or “The Sale of Food and Drugs Act, 1908,”
further than as is herein expressly mentioned.
3 Saving of persons.
Ibid, sec. 3
Except as expressly provided in this Act, nothing in this Act shall apply—
1882, No. 63, sec. 4 1902, No. 34, sec. 3
(a.)
To any person selling any spirituous or distilled perfume bona fide as perfumery; nor
(b.)
To any apothecary, chemist, or druggist administering or selling any spirituous, distilled, or fermented liquors for medicinal purposes; nor
(c.)
To any person selling wine, cider, or perry, in quantities of not less than two gallons at any one time, the produce of grapes, apples, pears, or other fruits respectively grown in New Zealand, and not to be consumed on the premises; nor
(d.)
To any person who holds a license as auctioneer, selling liquor at public auction in quantities of not less than five gallons at any one time; nor
(e.)
To any person selling liquor in any refreshment-room at the Houses of Parliament by the permission and under the control of the Houses of Parliament; nor
(f.)
To any military canteen established by law; nor
(g.)
To the islands subject to “The Cook Islands Government Act, 1908.”
4 Interpretation.
1881, No. 21, sec. 4 1893, No. 34, sec. 2 1895, No. 45, sec. 2
In this Act, if not inconsistent with the context,—
“Borough” means any city or borough under “The Municipal Corporations Act, 1908”:
“Chairman” means the Chairman of the Licensing Committee of a licensing district:
“Chief officer of police” means any Superintendent or Inspector of Police, and also the chief or only officer of police, other than any such Superintendent or Inspector, residing in or stationed in any licensing district:
“Court of summary jurisdiction” or “Court” means a Court of the Magistrate acting in his summary jurisdiction under “The Justices of the Peace Act, 1908”:
“Date of license” means the time when the license takes effect:
“District” means a licensing district:
“Elector” or “electors” means an elector or electors on the roll of electors for the time being in force for the election of members of Parliament:
“Grant of license” includes the granting of the certificate authorising the issue of a license:
“Innkeeper” means a licensed publican, and includes the holder of an accommodation license:
“Inspector” means an Inspector of licensed premises, and includes every person having the authority of such Inspector:
“Intoxicating liquor” or “liquor” means any spirits, wine, ale, beer, porter, cider, perry, or other fermented, distilled, or spirituous liquor of an intoxicating nature:
“License” means any license for the sale of liquors granted under this Act:
“Licensed person” or “licensee” means a person holding any license under this Act:
“Licensed premises” means premises in respect of which a license under this Act has been granted and is in force:
“Licensed publican” means a person holding a publican’s license under this Act:
“Licensing Acts” means this Act, and includes the enactments mentioned in the First Schedule hereto:
“Local authority” means a City or Borough Council or a Town Board, and outside of a borough or town district means a County Council, or in counties where “The Counties Act, 1908,” is suspended or is not in force means a Road Board:
For the purposes of this Act a town district shall be deemed not to form part of the county wherein it is comprised:
“Magistrate” means a Stipendiary Magistrate, and includes a Warden within any mining district:
“Minister” means the Minister of Justice:
“Owner” of licensed premises means the person for the time being entitled to receive, either on his own account or as mortgagee or other incumbrancer in possession, the rent of such premises; or, if he is absent from New Zealand, it means the attorney or agent of such person capable of giving a valid receipt for such rent:
“Premises” includes house or place, and extends to every room, billiard-room, closet, cellar, yard, skittle-ground, stable, outhouse, shed, or any other place whatsoever of, belonging or in any manner appertaining to, such house or place:
“Public bar” or “bar” means any room, passage, or lobby in any licensed premises open immediately to any street, highway, public place, or public thoroughfare wherein the public may enter and purchase liquors:
“Resident” includes all males and females of twenty-one years of age and upwards:
“Road” means a public highway, whether carriage-way, bridle-path, or footpath, and includes streets and private streets:
“The Licensing Committee” or “Committee” means the Licensing Committee of the licensing district wherein a license is intended to take effect:
“Treasurer” includes any person acting as treasurer for any local authority and also any Receiver of Revenue appointed to receive license fees under this Act.
Part I Licensing Districts
Ordinary, Special, Native, and City Licensing Districts
5 Electoral districts constituted ordinary licensing districts.
1893, No. 34, sec. 3
(1.)
Except as provided in the next succeeding section, the electoral districts for the time being in existence, constituted for the representation of the people (other than Maoris) in the House of Representatives, are hereby constituted ordinary licensing districts; and the rolls of electors of members of Parliament for the time being in existence for the said electoral districts shall be the rolls of electors for the purposes of this Act
Special licensing districts.
(2.)
All parts of New Zealand outside of any electoral district are special licensing districts wherein the provisions of section sixty-five hereof shall apply.
Native licensing districts.
(3.)
All Native licensing districts under “The Licensing Act, 1881,”
as the same respectively are existing at the time of the coming into operation of this Act, shall be deemed to be Native licensing districts under this Act.
Governor may constitute new Native districts. 1881, No. 21, sec. 17
(4.)
The Governor, by Order in Council, may from time to time alter the limits of any Native licensing districts, or abolish the same; he may also in like manner constitute, vary, and abolish new Native licensing districts, subject to the following conditions:—
(a.)
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 Maoris.
(b.)
No part of any borough shall be included in any such district.
6 City licensing districts.
1903, No. 55, sec. 4
The four licensing districts referred to in section four of “The City Single Electorates Act, 1903,”
as the same respectively subsist on the coming into operation of this Act, that is to say,—
The Auckland Licensing District, comprising the three electoral districts of Auckland East, Auckland West, and Auckland Central;
The Wellington Licensing District, comprising the three electoral districts of Wellington East, Wellington North, and Wellington Central;
The Christchurch Licensing District, comprising the three electoral districts of Christchurch East, Christchurch North, and Christchurch South; and
The Dunedin Licensing District, comprising the three electoral districts of Dunedin North, Dunedin South, and Dunedin Central,—
are hereby declared to be city licensing districts under this Act.
7 Provisions as to city licensing districts.
1903, No. 55, sec. 4
With respect to each city licensing district the following provisions shall apply:—
(a.)
The Governor shall from time to time, whenever necessary, appoint a Returning Officer (who shall be the Returning Officer of one of the three electorates comprising the district) to be the Returning Officer for the district.
(b.)
All references in this Act to the Returning Officer shall, for the purposes of the licensing poll and of the election and summoning of meetings of the Licensing Committee, be deemed to be made to the Returning Officer appointed under this section, and not to the Returning Officer appointed for the electoral district.
(c.)
The electoral rolls of the electoral districts for the time being comprised in the city licensing district shall together be the roll of electors for the city licensing district.
(d.)
So much of section twelve hereof as requires in certain cases a majority of voters on the roll to vote to constitute a valid poll shall not apply in any case where an electoral poll is taken in any one of the electoral districts for the time being comprised in the city licensing district:
Provided that in such case the licensing poll shall be taken in the licensing district notwithstanding that in any electoral district comprised therein no electoral poll is required to be taken.
(e.)
The result of every licensing poll in force in each city licensing district shall continue in force in such district during the period for which existing licenses were authorised therein at the last licensing poll, notwithstanding any change or alteration in the constitution or boundaries of such district; and the number of licenses shall continue as they are, subject nevertheless to the power of refusing to renew licenses objected to under section one hundred and nine hereof, and subject also to the provisions of this Act relating to forfeiture or increase of licenses.
(f.)
Subject to the provisions of this and the last preceding section, all the provisions of this Act relating to ordinary licensing districts shall apply to city licensing districts.
Change of Boundaries of Districts
8 Provision when changes made in electoral districts.
1904, No.42, secs. 6,7
Whenever by reason of changes in electoral districts the whole or any part of the area of a licensing district (hereinafter called an “original district”
) becomes comprised within the boundaries of another licensing district (hereinafter called a “new district”
), the following provisions shall apply:—
(a.)
Until the Committee of the new district is duly constituted, the Committee of the original district shall continue to have jurisdiction throughout the whole of the original area thereof in like manner as if such district existed unchanged.
(b.)
Until the first valid licensing poll in the new district comes into force therein the result of the licensing poll in force in the original district immediately prior to the change shall continue in force throughout the whole of the area thereof in like manner as if such district existed unchanged.
(c.)
If when the first licensing poll is to be taken in the new district the grant of licenses is prohibited throughout any area thereof containing more than half the population of the district, the poll shall be taken under section thirty-eight hereof, as if no licenses existed in the district:
Provided that if the result of such poll is that licenses be not restored in the district, then, notwithstanding such result, every license of any description existing at the time of the taking of the poll shall, subject to the provisions of this Act relating to forfeiture for breaches of the law, continue in force until the expiration of the current term of such license, and shall then lapse.
(d.)
In any other case the first such poll shall be taken under sections eleven to twenty-eight hereof, as if the grant of licenses were not prohibited in any part of the new district.
(e.)
For the purposes of the two last preceding paragraphs the Governor shall, by notice in the Gazette published not less than fourteen days before the day for taking the first licensing poll in the new district, specify with respect to such district the section or sections of this Act under which the poll shall be taken in that district, and the poll shall be taken accordingly.
General as to Districts
9 Jurisdiction over jetties, wharves, &c.
1881, No. 21, sec. 9
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.
10 Centre of road to be boundary.
Ibid, sec. 10
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.
Part II Licensing Poll
How Poll to be taken
11 Grant of licenses subject to vote of electors.
1895, No. 45, sec. 3
No license of any description shall be granted or renewed until the electors of the district have previously determined, in manner hereinafter provided,—
(a.)
Whether the number of licenses existing in the district is to continue:
(b.)
Whether the number of licenses existing in the district is to be reduced:
(c.)
Whether no licenses are to be granted in the district.
12 Poll to be taken on day of general election.
Ibid, sec. 4
On the day appointed for the taking of the poll (hereinafter called “the electoral poll”
) of the electors of each electoral district for the return of a member of Parliament for such district, at every general election after the coming into operation of this Act, and simultaneously therewith, a poll (in this Act called “the licensing poll”
) of the electors of such district shall also be taken upon the proposals to besubmitted to them under this Act:
Provided that—
(a.)
The licensing poll shall be taken in every licensing district, notwithstanding that in any such district no electoral poll may be required to be taken for such election as aforesaid; and also that
(b.)
If at any time Parliament is dissolved before it has been two years in existence, then at the taking of the electoral poll for the new Parliament no licensing poll shall be taken, but the result of the licensing poll taken at the then last previous general election shall continue in force until such licensing poll is again taken simultaneously with the electoral poll next after the dissolution of such new Parliament.
(c.)
No licensing poll shall be valid in any licensing district in which no electoral poll is taken unless at least one-half of the total number of electors on the roll of the electoral district have recorded their votes at the licensing poll.
13 Questions to be submitted to poll.
1895, No. 45, sec. 5
(1.)
At every licensing poll the questions set forth in section eleven hereof shall be submitted in the form of the proposals set forth in the Second Schedule hereto.
Number of proposals to be voted on. Ibid, sec. 6
(2.)
Each voter shall be entitled to vote on any one or two of the proposals, and the voting shall not be cumulative.
14 Provisions subject to which poll to be taken.
Ibid, sec. 7 1899, No. 8, sec. 2 1904. No. 42. sec. 57
(1.)
The poll shall be taken as follows:—
(a.)
The Returning Officer of the electoral district shall be the Returning Officer.
(b.)
The Returning Officer shall, upon the day appointed, proceed to take the licensing poll in the manner provided by “The Legislature Act, 1908,”
for taking the electoral poll, and shall provide voting-papers and all things necessary for taking the licensing poll.
(c.)
He shall also provide separate ballot-boxes for the licensing poll and the electoral poll, and each class of ballot-box shall be painted of a different colour, or otherwise have sufficiently distinguishing marks to prevent mistakes.
(d.)
All mistakes made by depositing ballot-papers and voting-papers in the wrong boxes shall be corrected by the Returning Officer when counting the papers, and all the papers shall be duly included in the counting.
(e.)
He shall also appoint a Deputy Returning Officer and a sufficient number of poll-clerks for the sole purpose of attending to the business of taking the licensing poll.
(f.)
The voting-papers for the licensing poll shall be different in colour to the ballot-papers for the electoral poll.
(g.)
The Returning Officer shall cause the voting-paper for the licensing poll to be marked in the same manner as the ballot-paper for the electoral poll, and shall give the voting-paper and the ballot-paper simultaneously to the voter.
(h.)
The Returning Officer and his deputy shall take care that every voter is provided with one voting-paper for the licensing poll.
(i.)
The voter shall strike out all the proposals on his voting-paper except one, or all except two, as he thinks fit; and his vote shall be deemed to be given in favour of the proposals which he does not strike out.
(j.)
If the voter strikes out all or fails to strike out at least one of the proposals the voting-paper shall be void, and he shall not be deemed to be a voter who has recorded his vote.
(k.)
The polling-booths in each district shall be the same as those used at the taking of the electoral poll.
(l.)
Every elector shall fold up the voting-paper at a licensing poll in the same manner as the ballot-paper at an electoral poll, but separate therefrom, and place it in the ballot-box specially set apart for receiving the said voting-papers.
(m.)
No voting-paper shall be taken out of the polling-booth.
(n.)
All expenses incident to the taking of a licensing poll shall be defrayed out of moneys to be appropriated by Parliament for the purpose.
(2.)
Every person who refuses or neglects to comply with, or commits any breach of any of the provisions of this Part of this Act, or misleads or gives any misdirection to a voter in any matter relating to his vote, is liable for every such offence to a fine not exceeding twenty pounds.
Scrutineers
15 Electors in favour of no-license may nominate persons to appoint scrutineers.
1899, No. 8, sec. 3
Any ten or more electors who are in favour of the proposal that no licenses be granted in the district may, by nomination-paper under their hands, nominate any two specified persons to appoint one scrutineer to act at each ballot-box in the district in the interest of all electors who are in favour of that proposal.
16 Similar provisions as to electors not in favour of no-license.
Ibid, sec. 4
Any ten or more electors who are not in favour of the proposal that no licenses be granted in the district may, in like manner, nominate any two specified persons to appoint one scrutineer to act at each such ballot-box in the interest of all electors who are not in favour of that proposal.
17 Form of nomination-paper: to be verified.
Ibid, sec. 5
The nomination-paper shall be in the form numbered (1) in the Third Schedule hereto, and shall be verified by statutory declaration as therein set forth, but the statutory declaration shall be exempt from stamp duty.
18 Nomination-paper to be lodged with Returning Officer.
Ibid, sec. 6
The nomination-paper shall be lodged with the Returning Officer not later than the seventh day before the day of polling, and shall be open to public inspection.
19 Returning Officer to publicly consider nominations, and select fit persons to appoint scrutineers.
Ibid, sec. 7
On a day to be publicly notified by the Returning Officer, being not earlier than the fifth nor later than the third day before the day of polling, he shall publicly consider all the nomination-papers duly lodged as aforesaid, and, after hearing all objections thereto, select therefrom two fit persons to appoint one scrutineer, and two fit persons to appoint the other scrutineer, to act at each ballot-box in the respective interests as aforesaid; and the persons so selected may appoint accordingly.
20 Selection to be in writing.
Ibid, sec. 8
The selection shall be by writing under the hand of the Returning Officer, in the form numbered (2) in the Third Schedule hereto.
21 Appointments to be in writing: form thereof.
1899, No. 8, sec. 9
The appointment shall in each case be by writing under the hands of the persons selected as aforesaid, and shall be in the form numbered (3) in the Third Schedule hereto.
22 Powers of scrutineers.
Ibid, sec. 10
Every scrutineer so appointed shall, for the purposes of the licensing poll, have all the powers of a scrutineer under “The Legislature Act, 1908,”
and shall make the declaration required to be made by scrutineers at elections under that Act.
23 Remuneration of scrutineers not expenses of poll.
Ibid, sec. 11
The remuneration (if any) of the scrutineers shall not be deemed to be expenses incident to the taking of the licensing poll.
Result of Poll
24 When proposal deemed to be carried.
1895, No. 45. sec 8
The Returning Officer shall count the votes, and reject all the informal votes, and shall ascertain and determine the result of the licensing poll in manner following:—
(a.)
If the Returning Officer finds—
That the number of votes recorded in favour of the proposal that the number of licenses existing in the district shall continue is an absolute majority of all the voters whose votes were recorded,—
Then such proposal, unless superseded as hereinafter provided, shall be deemed to be carried, and he shall notify the Licensing Committee thereof; and the number of licenses shall continue as they are until the taking of the next licensing poll, subject nevertheless to the power of refusing to renew licenses objected to under section one hundred and nine hereof, and subject also to the provisions of this Act relating to forfeiture or increase of licenses.
(b.)
If the Returning Officer finds—
That the number of votes recorded in favour of the proposal that the number of licenses existing in the district shall be reduced is an absolute majority of all the voters whose votes were recorded,—
Then such proposal, unless superseded as hereinafter provided, shall be deemed to be carried, and shall supersede the proposal for continuance of licenses, and he shall notify the Licensing Committee thereof; and the number of licenses shall be reduced in manner following:—
(i.)
At its first annual meeting after the licensing poll the Committee shall reduce the number of publicans’ licenses by not less than five per centum nor more than twenty-five per centum of the total number existing in the district at the time when the poll was taken, exclusive of licenses forfeited for breaches of the law:
Provided that the number of publicans’ licenses shall be reduced by one at least where the number does not exceed ten, by two at least where the number exceeds ten but does not exceed thirty, and by three at least where the number exceeds thirty.
(ii.)
Those licenses which have been indorsed for breaches of the law in respect of selling liquor to children, or to female aboriginal Natives, or to drunken persons, or of selling liquor on Sundays, or of selling adulterated liquor, or in respect of which objections have been made and sustained under section one hundred and nine hereof, shall be the first to be reduced, and next those held in respect of premises which comprise little or no accommodation for lodgers and travellers except the bar.
(iii.)
In making any reductions the Committee shall make such reductions to extend over the whole district in such manner as it thinks equitable, having regard to the convenience of the public and the particular requirements of the several localities within the district.
(c.)
If the Returning Officer finds—
That the number of votes recorded in favour of the proposal that no licenses shall be granted in the district is not less than three-fifths of all the voters whose votes were recorded,—
Then such proposal shall be deemed to be carried, and shall supersede the proposals for reduction and for continuance of licenses, and he shall notify the Licensing Committee thereof; and thereafter no license of any description shall be granted therein until after another licensing poll has been taken.
(d.)
If the Returning Officer finds—
That none of the proposals respecting licenses in the district is carried by the prescribed majority,—
Then he shall notify the Licensing Committee thereof; and the number of licenses shall continue as they are until the taking of the next licensing poll, subject nevertheless to the power of refusing to renew licenses objected to under section one hundred and nine hereof, and subject also to the provisions of this Act relating to forfeiture or increase of licenses.
25 Declaration of result of poll.
1895, No. 45, sec. 9
(1.)
As soon as conveniently may be after the result of the licensing poll has been ascertained the Returning Officer shall give public notice, in the form in the Fourth Schedule hereto or to the like effect, of the total number of voters whose votes are recorded at the poll and of the number of votes recorded in favour of each of the aforesaid proposals, and shall declare the result of the poll respecting licenses in the district accordingly.
(2.)
Such notice shall be binding on the Licensing Committee.
Statement to be sent to Minister. Ibid, sec. 11
(3.)
As soon as conveniently may be after the result of the licensing poll has been notified as aforesaid the Returning Officer shall forward to the Minister a statement of the total number of voters whose votes are recorded at the poll, and of the number of votes recorded in favour of each of the proposals submitted thereat, together with a statement of the result of the poll.
26 Disposal of voting-papers.
Ibid, sec. 9(3)
As soon as the licensing poll has been taken, all the voting-papers used and unused thereat shall be packed in separate parcels, apart from the ballot-papers used at the electoral poll, and transmitted by the Returning Officer to the Clerk of the Magistrate’s Court nearest to the principal polling-place, and the said Clerk shall deal with the said parcels in manner as provided by section twenty-nine of “The Local Elections and Polls Act, 1908.”
27 Result of poll to have effect.
1904, No. 42, sec. 3
The result of every valid licensing poll (whether taken before or after the coming into operation of this Act) shall have effect until superseded at a subsequent valid licensing poll.
28 Licenses not to be granted in no-license district.
1895, No. 45, sec. 15 1904, No. 42, sec. 4
In any district where no licenses exist as the result of any licensing poll it shall not be lawful, so long as such result is in force, to grant or renew therein any publican’s license, New Zealand wine license, accommodation license, bottle license, packet license, wholesale license, conditional license, charter of any club, or license to sell liquor at a railway refreshment-room.
Disputed Polls
29 Recount of votes.
Ibid, sec. 8
If the result of any licensing poll is disputed on the ground that the count of the Returning Officer was incorrect, the following provisions shall apply:—
(a.)
Any six electors may, within seven days after the Returning Officer’s public notice of such result, apply to a Magistrate for a recount of the votes.
(b.)
Every such application shall be in writing under the hands of the applicants, and may be delivered to the Magistrate personally, or may be posted to him in a registered letter, or, where necessary, may be transmitted to him by telegraph.
(c.)
Every such application shall be accompanied by a deposit of ten pounds.
(d.)
The Magistrate shall, as soon as practicable after receiving the application and deposit as aforesaid, cause a recount of the votes to be made, and shall give at least two days’ public notice of the time and place at which such recount will be made.
(e.)
The recount shall be made in the presence of the Magistrate, or of an officer appointed by him for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count, and the provisions of “The Legislature Act, 1908,”
relating to the secrecy of the ballot shall apply to such recount.
(f.)
If on the recount the Magistrate finds that the result of the poll as determined by the Returning Officer was incorrect, he shall order the Returning Officer to give an amended public notice of the result of the poll as disclosed by such recount, and such amended public notice shall supersede the original notice and take effect accordingly.
(g.)
Where the Magistrate is of opinion that the application was made on insufficient or frivolous grounds, he may order that the expenses of and incidental to the recount, or any part thereof, be defrayed out of the deposit made under this section.
(h.)
Subject to any such order, the Magistrate shall direct that the deposit be returned to the person who made the same.
(i.)
Subject to. any such order, the expenses of and incidental to the recount shall be deemed to form part of the expenses of the licensing poll, and shall be payable accordingly.
30 Petition for inquiry
Ibid, sec. 9
(1.)
Where any fifty electors are dissatisfied with the result of any licensing poll they may, within fourteen days after the Returning Officer’s public notice of such result, by petition filed in the Court as hereinafter mentioned, demand an inquiry as to the conduct of the poll or of any person thereat.
(2.)
Every such petition shall be accompanied by a deposit of twenty pounds.
Constitution of Court.
(3.)
Such petition shall be in the form in the Fifth Schedule hereto, or to the like effect, and shall be filed in the Magistrate’s Courthouse nearest to the principal polling-place at the poll to be inquired into, and shall be heard and determined before the Magistrate usually exercising jurisdiction at that Courthouse, together with the two other Magistrates residing nearest thereto, and the determination of a majority of such Magistrates (hereinafter referred to as “the Court”
) shall be sufficient:
Provided that where from any cause any such Magistrate is unable to act, the other two Magistrates shall select some other Magistrate to act in his stead.
(4.)
Where any question arises as to which Magistrates are to constitute any Court, the same shall be decided by the Governor by notice in the Gazette.
Specified ground only to be investigated.
(5.)
The petition shall allege the specific grounds on which the complaint is founded, and no other grounds than those stated shall be investigated, except by leave of the Court and upon reasonable notice being given, which leave may be given upon such terms and conditions as the Court may deem just:
Provided that evidence may be given to prove that any proposal other than that declared to be carried was carried and not rejected, or was rejected and not carried.
31 Who may be respondents.
1904, No. 42, sec. 10
Any six electors may, at any time not later than three clear days before the commencement of the inquiry, file in the Magistrate’s Court in which the petition is filed a notice in writing of their intention to oppose the petition, and thereupon the electors giving such notice shall be deemed to be respondents to the petition.
32 Time for holding inquiry.
Ibid, sec. 11
(1.)
The inquiry shall be commenced within fourteen days after the filing of the petition, and not less than seven days’ public notice shall be given of the time and place at which the inquiry will be held.
(2.)
The Magistrate usually exercising jurisdiction at the Magistrate’s Courthouse in which the petition is filed, or in his absence such other member of the Court as the Minister directs, shall be Chairman of the Court.
33 Powers of Court.
Ibid, sec. 12
(1.)
For the purpose of the inquiry the Court shall have and may exercise all the powers of citing parties, compelling evidence, and maintaining order that Magistrates have in their ordinary jurisdiction; and, in addition, may at any time during the inquiry direct a recount or scrutiny of the votes given at the poll, and shall disallow the vote of every person who—
(a.)
Has voted, not being entitled to vote; or
(b.)
Has given more votes than he was entitled to give.
Result of inquiry.
(2.)
The Court shall determine whether, by reason of some irregularity that in its opinion materially affected the result of the poll, the poll is void, or whether any and what proposal was duly carried; and such determination shall be final, and shall not be removed or questioned by certiorari or other process.
(3.)
The order of the Court on any such determination shall supersede the Returning Officer’s public notice of the result of the poll, and shall take effect accordingly.
34 Persons committing irregularities to be named in report;
1904, No. 42, sec. 13
(1.)
On such inquiry the Chairman of the Court shall report in writing to the Minister the names of all persons found to have been guilty of any irregularity at or in connection with the poll, and shall state in such report whether or not in the opinion of the Court any such irregularity tended to defeat the fairness of the poll, and whether or not such irregularity tended materially to affect the result thereof.
And liable to fine.
(2.)
The Minister may, if he thinks fit, direct that proceedings be taken for the prosecution of any person named in such report, and on conviction such person shall be liable,—
(a.)
Where the irregularity tended in the opinion of the adjudicating Court materially to affect the result of the poll, to a fine not exceeding one hundred pounds; or
(b.)
Where such irregularity did not in the opinion of the adjudicating Court tend materially to affect the result, but tended to defeat the fairness of the poll, to a fine not exceeding twenty pounds: or
(c.)
Where such irregularity did not in the opinion of the adjudicating Court tend either materially to affect the result or to defeat the fairness of the poll, to a fine not exceeding five pounds.
35 Irregularities at licensing polls.
Ibid. sec. 14
Every person shall be deemed to be guilty of an irregularity within the meaning of the last preceding section who—
(a.)
In any way interferes with any elector, either in the polling-booth or while on his way thereto, with the intention of influencing him or advising him as to his vote; or
(b.)
Prints or distributes or delivers to any person on the day of the poll, or at any time during the three days immediately preceding the poll, anything being or purporting to be in imitation of any voting-paper to be used at the poll, or having thereon the issue to be decided at the poll, together with any direction or indication as to how any person should vote, or in any way containing any such direction or indication; or
(c.)
During the hours in which the poll is being taken, makes any public demonstration having reference to the poll by means of living figures, effigies, paintings, placards, or other like means; or
(d.)
Obtains possession of or has in his possession any voting-paper other than the one given him by the Returning Officer for the purpose of recording his vote, or retains any voting-paper in his possession after leaving the polling-booth; or
(e.)
Does or omits to do any act that if done or omitted to be done at an electoral poll would be an offence under cither Part II or Part III of Division II of “The Legislature Act, 1908.”
36 Costs of inquiry.
Ibid, sec. 15
(1.)
The Court may order that the expenses of and incidental to the inquiry shall be borne by any party to the inquiry; or, where it declares the poll void on the ground or partly on the ground of any negligence or misfeasance of any Returning Officer or other person acting officially at the election or poll, may order that such expenses or any part thereof shall be borne by that Returning Officer or other person; and such order shall have the same effect and may be enforced in like manner as if it were a judgment for a sum of money obtained in the Magistrate’s Court holden at the Courthouse in which the petition is filed:
Provided that no such order shall be made against any person (other than a party to the inquiry) unless he has been summoned to attend and give evidence at the inquiry.
(2.)
Subject to any such order, the Court shall direct that the deposit accompanying any petition under section thirty hereof shall be returned to the person who paid the same, unless the Court is of opinion that the petitioners have failed to establish the grounds specified in their petition, or any other grounds investigated by leave of the Court, in which case the deposit (or the surplus remaining after satisfying such order) shall be forfeited to the Crown.
(3.)
Subject to any such order, the expenses of and incidental to the inquiry shall be deemed to form part of the expenses of the licensing poll, and shall be payable accordingly.
Fresh Poll
37 Fresh poll.
1904, No. 42, sec. 16
(1.)
Where any licensing poll is declared void under section thirty-three hereof, notice thereof shall be given by the Chairman of the Court to the Returning Officer, and a fresh poll shall, on a day to be fixed by the Returning Officer, being not later than forty days after the date of such notice, be taken in the manner prescribed by this Act in the case of a licensing poll:
Provided that no such fresh poll shall be valid unless the number of voters who recorded valid votes thereat is not less than fifty-five per centum of the number of such voters at the voided poll, and the provisions of paragraph (c) of section twelve hereof shall not apply to such fresh poll.
(2.)
At any such fresh licensing poll the same roll of electors shall be used as was used at the voided poll.
Restoration of Licenses
38 How poll to be taken.
1895, No. 45, sec. 12
In the event of there being no publicans’ licenses existing in any district at the time when the licensing poll is to be taken therein, the following provisions shall apply:—
(a.)
If such event is the result of a poll under this or any former Licensing Act, then, in lieu of the proposals set forth in the Second Schedule hereto, the proposals set forth in the Sixth Schedule hereto shall be submitted, and the voting-paper shall be framed accordingly.
(b.)
All the foregoing provisions of this Act relating to the licensing poll shall, mutatis mutandis, apply to the poll under this section, save that each voter shall be entitled to vote for any one of the proposals submitted.
Effect if restoration carried.
(c.)
If the Returning Officer finds—
That the number of votes recorded in favour of the proposal that licenses shall be restored in the district is not less than three-fifths of all the voters whose votes were recorded,—
Then, but not otherwise, the Committee, at its first annual licensing meeting thereafter, shall grant licenses (if applied for) in the district to the extent of not more than the number nor less than fifty per centum of the number of each description of license that existed in the district at the time when the grant of existing licenses in such district was last prohibited pursuant to a poll taken under the Licensing Acts.
General Provisions
39 Day of election to be a public halfholiday.
1895, No. 45, sec. 10
Every day on which the licensing poll is taken in any district shall be and be deemed to be a public holiday after midday within such district, and such half-holiday shall be deemed to be a holiday within the meaning of the several statutes for the time being in force referring to public holidays; and, further, between the hours of twelve o’clock noon and seven o’clock in the evening it shall be unlawful to sell intoxicating liquors in any licensed premises within such district.
40 General penalty for neglect of duty.
1899, No. 8, sec. 12
Every Returning Officer, Deputy Returning Officer, poll-clerk, or scrutineer who fails or neglects to faithfully perform any duty imposed on him by or under this Act is liable to a fine not exceeding ten pounds.
41 ncrease of rates in case of loss of revenue.
1895, No. 45, sec. 17
Every local authority which suffers loss of revenue from license fees under this Act in consequence of the reduction or prohibition of licenses in the district may make good such loss by an equivalent sum to be levied and collected by an increase of the general rates in the district, anything in any Act contained to the contrary notwithstanding.
Part III Licensing Committees
42 Constitution of Committee.
1893, No. 34, sec. 7(1) 1895, No. 45, sec. 19
(1.)
For every ordinary or city licensing district there shall be a Licensing Committee, consisting of such Magistrate exercising jurisdiction in the district as the Governor from time to time appoints in that behalf, and five other persons being residents within the district, to be elected by the electors of the district.
(2.)
The Magistrate shall be ex officio the Chairman of the Committee.
(3.)
The Licensing Committees constituted under any of the enactments mentioned in the First Schedule hereto, and subsisting on the coming into operation of this Act, shall be deemed to be constituted under this Act, and the members thereof then in office shall continue until their successors under this Act take office.
43 Who may be members.
1893. No. 34, sec. 6
(1.)
Except as hereinafter provided, any duly registered elector residing in any licensing district is qualified to be elected a member of the Licensing Committee for that district.
Disqualifications.
(2.)
No person shall be qualified to be elected or to act as a member of a Licensing Committee—
(a.)
Who is a brewer, wine or spirit merchant, maltster, distiller, importer for sale of or a dealer in fermented or spirituous liquors, or is in partnership with any such person:
(b.)
Who is the owner in fee or for any less estate of any licensed house:
(c.)
Who holds (except in the case of the Magistrate mentioned in section forty-two hereof) a paid office under the Government, or under the Council or Board of any borough, county, road district, or town district.
1881, No. 21, sec. 12
(3.)
Any person so disqualified acting or sitting as a member of a Licensing Committee shall be liable to a fine of fifty pounds for every such offence:
Provided that—
(a.)
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:
(b.)
No person shall be liable to a fine for more than one offence committed by him before the institution of any proceedings for the recovery of such fine:
(c.)
No act done by any disqualified person shall by reason only of such disqualification be invalid:
(d.)
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.
44 Date and mode of election.
1904, No. 42, sec. 29(b) 1893, No. 34, sec. 7(2), (3)
(1.)
The elective members of the Licensing Committee for each licensing district shall be elected on the second Tuesday in March, one thousand nine hundred and nine, and on the same day in every third year thereafter; and it shall be the duty of the Returning Officer to give public notice of the day for the election not later than the third Monday in February next before every such election.
(2.)
The Returning Officer for the licensing district shall be the Returning Officer for the purposes of the election.
(3.)
Every such election shall be conducted in the same manner as elections of members of Parliament are conducted; but in case any election is disputed, the dispute shall be inquired into and determined by a Magistrate under the provisions of sections forty-five to fifty-four of “The Local Elections and Polls Act, 1908,”
which are hereby incorporated with this Act.
45 Result of election to be notified.
Ibid, sec. 7(4)
The result of every election of a Licensing Committee shall be notified by the Returning Officer in like manner as he may be required to notify the result of an election of a member of Parliament under any electoral law for the time being in force.
46 Day of election a public half-holiday.
1895, No. 45, sec. 10
The provisions of section thirty-nine hereof shall extend and apply to the day on which the election of the Licensing Committee takes place.
47 Duration of office.
1893, No. 34, sec. 7(9), (13), (17)
(1.)
Every Licensing Committee shall, notwithstanding its term of office has expired, continue to act until its successors are elected or appointed and take office.
(2.)
Every elective member of a Licensing Committee shall come into office on his election, and shall hold office for three years, or until the election of his successor.
(3.)
The members of a Licensing Committee retiring at the end of their term of office may be re-elected or reappointed.
48 On failure to elect Governor may appoint.
1904, No. 42, sec. 29(a)
If none of the elective members of the Committee are duly elected, or if the number elected is less than the number required to be elected, the Governor may appoint such number of fit persons resident in the district as will complete the required number, and every member so appointed shall hold office until the next election of the Committee.
49 Vacancies.
1904, No. 42, sec. 29(c) 1889, No. 21, sec. 5
(1.)
Every member of a Licensing Committee who, by writing under his hand addressed to the Chairman, resigns his office, or who becomes disqualified, or is absent from two consecutive quarterly licensing meetings of the Committee, or ceases to permanently reside in the licensing district, shall immediately cease to be a member of the Committee.
(2.)
The Governor may from time to time, as he thinks fit, remove from office any person elected or appointed as a member of a Licensing Committee.
(3.)
Where the office of a member of a Licensing Committee becomes vacant from any of the causes aforesaid, or from death, such vacancy shall be deemed to be an extraordinary vacancy; and the Governor shall appoint some person to fill the same, who shall hold office only until the next election of a Licensing Committee.
50 On change of boundaries Licensing Committees to remain in office.
1902, No. 41, sec. 3
Notwithstanding any alteration made at any time in consequence of the report of either of the Representation Commissions under “The Legislature Act, 1908,”
in the boundaries of any electoral district, all the Licensing Committees in office at the time such report takes effect shall remain in office until the next election of a Licensing Committee under this Act, and shall continue to exercise their functions over the whole area in respect of which they were elected.
51 Opinion of member not to disqualify.
1893, No. 34, sec. 11
The fact that a member of a Licensing Committee has, prior to his election or appointment, or at any time, expressed his views, or given any pledge, or expressed any opinion, as to the licensing law or liquor traffic, shall not disqualify such member from sitting and acting as a member of the Licensing Committee; nor shall the fact of any member of a Licensing Committee or any number of members having so pledged or expressed themselves render any decision or act of such Committee liable to be questioned or set aside.
52 Granting of licenses in opposition to electors declared void.
Ibid, sec. 23
(1.)
Every license granted or renewed by any Licensing Committee in opposition to the determination of the electors of any district, unless as provided for by section one hundred and forty-four of this Act, shall be absolutely void and of no effect; and the holder of any such license shall be deemed to be an unlicensed person, and subject, notwithstanding such license, to all the penalties of this Act provided in the case of unlicensed persons selling liquor.
(2.)
Every member of a Licensing Committee who sanctions by his vote or otherwise the granting or renewal of any such license as last aforesaid in any district shall be liable to a fine not exceeding fifty pounds in respect of every license so granted or renewed, and the said fine may be recovered in a summary way by any elector of the district who may sue for the same.
53 Clerk to Committee.
Ibid, sec. 7(14)
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.
Licensing Meetings: Conduct of Business
54 Annual and quarterly meetings.
1881, No. 21, sec. 40 1893, No. 34, sec. 7(6), (7), (18) 1904. No. 42, sec, 29(d)
(1.)
At noon on such one of the first ten days in the mnnths of December, March, June, and September in each year, as is appointed by the Chairman in each district, there shall be held in such district a meeting of the Licensing Committee for the district, to be called “the quarterly licensing meeting,”
for the purpose of taking into consideration all applications for certificates for such licenses as by this Act are authorised to be granted by the Licensing Committee, and the renewal, or transfer, or removal of such licenses, of which due notice has been given to the Clerk of the Licensing Committee for the district in which the premises in respect of which such application is made are situate.
(2.)
The quarterly licensing meeting to be held in the month of June shall be the “annual licensing meeting.”
(3.)
The members of the Licensing Committee shall hold their first meeting at the first quarterly licensing meeting occurring after their election.
(4.)
The Chairman shall also appoint the place, not being licensed premises, at which such meetings shall be respectively held; but if there is in the district any place used as a Magistrate’s Courthouse, then such meetings shall be held at such Courthouse, or if there are more such Courthouses than one, then the meeting shall be held at such one of such Courthouses as the Chairman thinks fit.
(5.)
The places at which licensing meetings are held shall be within the limits of the licensing district to which such meetings relate.
55 Chairman.
1893, No. 34, sec. 7(19)
At every meeting of the Licensing Committee the Chairman shall preside; and in the event of his absence from any meeting the members of the Licensing Committee present shall elect one of their number to act as chairman at that meeting.
56 Quorum.
Ibid, sec. 7(16) 1902, No. 41, sec. 2 1881, No. 21, sec. 40
(1.)
The quorum of a Licensing Committee shall, if the Magistrate is present as Chairman, be three members, including the Chairman; or, if the Magistrate is not present as Chairman, the quorum shall be four members.
(2.)
If from any cause a quorum of the Licensing Committee is not present at any licensing meeting on the day advertised, or at any adjournment of a meeting on the appointed day, the said meeting or adjournment shall stand adjourned from day to day until a quorum is present to hold such meeting.
(3.)
Any Licensing Committee may act if a quorum exists, notwithstanding vacancies in the Committee.
57 One month’s notice of meeting to be given.
Ibid, sec. 41 1882, No. 63, sec. 10
(1.)
The Clerk of the Licensing Committee in every licensing district at which any quarterly licensing meeting is to be held shall, one 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 is a Courthouse where meetings of the Licensing Committee are held or not; and in the case of the annual licensing meeting shall also cause an advertisement of the time and place of holding such meeting to be inserted at least thrice in at least one newspaper circulating in the district.
(2.)
In any case where the Clerk of any Licensing Committee has received no application for the grant, renewal, transfer, or removal of any license within twenty-one days before the day appointed for any quarterly or the annual meeting of the Committee, he shall send notice thereof to the Chairman and members of the Committee, and in any such case it shall not be necessary for any such meeting to be held.
58 Applications to be heard in open Court.
1881, No. 21, sec. 42
(1.)
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.
(2.)
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 it may think necessary, and as near as may be in the manner directed by any Act for the time being in force relating to the duties of Justices in summary convictions and orders.
59 Licensing meetings may be adjourned.
Ibid, sec. 43
(1.)
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.
(2.)
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 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.
60 Regulations for conduct of business before Licensin Committee.
Ibid, sec. 44 1895, No. 45, sec. 31 1904, No. 42, sec. 29(e)
The following provisions shall be observed in the conduct of business before all Licensing Committees:—
(a.)
An Inspector of licensed premises in each district shall obtain and furnish to the Clerk of the Licensing Committee in such district, at least ten days before each quarterly meeting, a report as to every licensed house in such district.
(b.)
Such report shall 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.
(c.)
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.
(d.)
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 its cognizance.
(e.)
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 of 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.
(f.)
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.
(g.)
The Clerk 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 Clerk shall state the nature of the objections.
(h.)
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 it thinks fit.
(i.)
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.
(j.)
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 seems to it sufficient, whether the same is strictly legal evidence or not.
(k.)
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 it thinks 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.
(l.)
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.
(m.)
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.
(n.)
In the case of applications for renewal, the objectors shall commence, and the applicant shall reply only.
(o.)
The Licensing Committee shall then consider the application, and, if unanimous, shall give its decision through the Chairman; but, if not, it shall decide by vote whether the application shall be granted or refused.
(p.)
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.
(q.)
In case of an equality of votes the Chairman shall have a casting-vote in addition to his original vote.
(r.)
The decision of the Committee, when once announced by the Chairman, shall not be questioned or reconsidered.
(s.)
All certificates, orders, and other documents to be issued under this Act by the Licensing Committee, or by a majority thereof, or by the Chairman and any two members thereof, shall be signed by the Chairman and countersigned by the Clerk:
Provided that, in the case of documents which by this Act the Chairman and any two members as aforesaid are empowered to issue, it shall not be necessary for them to be actually present together at one time and place for the purpose of jointly exercising the power.
(t.)
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 has made any such objection.
(u.)
No objection from any Inspector shall be entertained unless the nature of the objection has been stated in the report furnished to the Clerk of the Licensing Committee.
(v.)
No objection of any kind whereof notice is required to be given shall be entertained unless notice thereof has been given in the terms of this Act.
61 Members’ travelling expenses.
1893, No. 34, sec. 7(8)
The actual cost of the travelling-expenses incurred by any member residing more than three miles from the place of meeting in attending a meeting of the Committee shall be paid him by the local authority liable to pay the same under section sixty-three hereof, on the voucher for the same certified by the Chairman and the Clerk of the Licensing Committee.
62 Quarterly licensing meetings dispensed with in certain cases.
1882, No. 63, sec. 11
Within districts where there are no licensed premises,—
(a.)
Where the electors have declared that no licenses shall be granted therein, it shall not be necessary to hold any licensing meetings, or to issue any advertisements or notices relating to any licenses, so long as such decision of the electors remains unaltered:
(b.)
Where the electors have declared that licenses may be granted therein, it shall not be necessary to hold any quarterly licensing meetings previous to the annual meeting to be held next after such decision is given.
Costs of Elections and Meetings of the Licensing Committee
63 Cost of elections and administration to be paid by local authorities.
1893, No. 34, sec. 9 1895, No. 45, sec. 16 1904, No. 42, sec. 30
(1.)
In the case of each licensing district the local authority having jurisdiction in the district, or if there are more such local authorities than one then such one of them as the Governor appoints in that behalf, shall be deemed to be the controlling local authority under this Act.
(2.)
The controlling local authority of each licensing district shall for the purposes of this Act be deemed to have authority throughout the licensing district, and shall make all necessary appointments and do all things required for the conduct of elections of the Licensing Committee, and for the general administration of this Act within the licensing district.
(3.)
The controlling authority shall pay all costs and expenses incident to the election and the meetings of the Committee, including charges for printing and advertising the necessary notices relating thereto, as also the actual cost of the travelling-expenses incurred by the Chairman or any member of a Committee or the Clerk thereof in attending any meeting, and the salary of such Clerk, and also such reasonable remuneration to the Clerk of such local authority as, having regard to the additional duties imposed on him by this Act, such local authority thinks proper, subject, however, to the following provisions:—
(a.)
The local authority of each district that forms a part of a licensing district and receives a portion of the license fees accruing therein is liable to contribute, in proportion to the amount so received, to the aforesaid costs and expenses.
(b.)
In case no license fees whatever are received in any licensing district, the local authorities in such district are liable to contribute to the aforesaid costs and expenses in proportion to the population of the districts under the jurisdiction of the said local authorities respectively.
(c.)
The local authority entitled to receive such contribution may recover the same from the local authorities liable to pay the same.
64 Costs of elections of Licensing Committees may be recovered.
1907, No. 77, sec. 20
In any case where the Minister of Finance is satisfied that any local authority liable to make any payment in respect of the aforesaid costs and expenses has made default in so doing, he may pay the same, and may cause the amount so paid to be recovered from the defaulting local authority as a debt due to the Crown, or to be deducted from any subsidy or other moneys at any time payable by the Government to such local authority.
Licensing Authority in Special Licensing Districts and Native Licensing Districts
65 Licensing authority constituted within special districts, with powers of Licensing Committee.
1881, No. 21, sec. 14
(1.)
The Governor may from time to time 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 admit, be guided by the provisions of this Act in the exercise of such powers.
(2.)
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.
Committee in special districts extending into Native districts. Ibid, sec. 15
(3.)
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.
Governor may regulate issue of licenses, &c., and administration of Act therein. Ibid, sec. 16
(4.)
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.
66 Functions of Committee in Native districts.
1881, No. 21, sec. 18
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.
67 Annual election of Assessors for Native licensing districts.
1882, No. 63, sec. 6
(1.)
In every Native licensing district there shall be elected annually as many Assessors as there are Licensing Committees of ordinary licensing districts having jurisdiction within the Native licensing district.
(2.)
Such annual election shall be held in the month of February in each year, and such Assessors shall be elected by a majority of the Maoris usually resident within the Native licensing district qualified to vote for Maori representatives in Parliament, in the same manner as the members of Parliament for the Maori electoral districts are elected.
Resignations.
(3.)
Any Assessor may resign his office at any time by letter to the Governor.
Assessors within now districts or to supply vacancies. Ibid, sec. 7
(4.)
Where a Native licensing district is newly constituted, or any vacancy occurs in any such district by the death or resignation of any Assessor, the Governor shall appoint the time, mode, and place of holding the necessary election of Assessors for such district in the manner hereinbefore prescribed.
(5.)
The Governor may from time to time make all necessary appointments and regulations for the conduct of any such election.
Expenses of election to be paid by local authorities. Ibid, sec. 8
(6.)
All expenses incident to the election of Assessors shall be defrayed in the same manner as provided with respect to the elective members of the Licensing Committees.
Governor may remove Assessor. 1889, No. 21, sec. 5
(7.)
The Governor may from time to time, as he may think fit, remove from office any Assessor.
(8.)
Every vacancy created by such removal shall be an extraordinary vacancy, and the Governor shall appoint some other person to fill such vacancy, who shall hold office only until the next election.
One Assessor ex officio member of Licensing Committee. 1881, No. 21, sec. 20
(9.)
Every Assessor shall, by virtue of his office, be a member of every Licensing Committee having jurisdiction within any part of the Native licensing district for 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.
(10.)
Every Assessor elected or appointed under any of the enactments mentioned in the First Schedule hereto, and in office on the coming into operation of this Act, shall continue in office until the election or appointment of his successor under this Act.
68 No license to be granted except with sanction of Licensing Committee.
Ibid, sec. 21
No wholesale license, or other license of any sort (except as hereinafter mentioned) authorising 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 has first been approved of by the Licensing Committee having jurisdiction within such last-named district.
69 Conditions for licenses in Native districts.
Ibid, sec. 22
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:—
Assessor and three members of Committee to be present.
(a.)
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 Assessor, arc present at such meeting.
(b.)
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.
Assessor’s consent necessary.
(c.)
The consent of such Assessor shall be indispensable for the granting of any application.
Decision to be by majority of votes.
(d.)
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.
Limitation to vote of Assessor.
(e.)
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.
Certain licenses excepted.
(f.)
This section shall not apply in respect of a conditional license or of a packet license.
Part IV Licenses
70 All provisions of Act to apply equally in all districts.
1881, No. 21, sec. 26
Subject to any special provisions contained in this Act, all the provisions hereof shall apply throughout New Zealand in respect of all licensed persons or premises.
71 Present licenses subject to Act.
Ibid, sec. 27
All licenses held on the coming into operation of this Act, and all licensed persons and licensed premises holding a license 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 shall be deemed to exempt any such license from forfeiture for any cause for which the same may be forfeited under the Act under which the same was issued.
72 All licenses to be granted under Act.
Ibid, sec. 28 1891, No. 24, sec. 15 1893, No. 34, sec. 28
(1.)
No license whatever authorising the sale of intoxicating liquors shall be granted, transferred, or renewed by any person except under the provisions of this. Act.
Auctioneers, constables, and bailiffs not to hold license. Proviso as to auctioneers.
(2.)
No license shall be granted, renewed, or transferred, as hereinafter mentioned, to any person carrying on business as an auctioneer, or being in partnership with any one carrying on such business, or to any constable or bailiff; nor shall any license be granted, renewed, or transferred in respect of any house or premises of which any such person is owner or wherein he is directly or indirectly interested:
Provided that an auctioneer shall not by reason only of owning the freehold of land upon which any house or premises arc erected be deemed to be directly or indirectly interested in such house or premises within the meaning of this subsection:
Provided also that, subject in other respects to the provisions of this Act, a wholesale license may be granted to a licensed auctioneer; but no person holding a publican’s license under this Act shall be competent to become a licensed auctioneer.
Licenses not to be held by women, with exceptions.
(3.)
No license under this Act shall be held by any woman unless she is—
1889, No. 22, secs. 4. 5 1893, No. 34, sec. 12(1)
(a.)
A widow: or
(b.)
A wife who has obtained a protection order under “The Married Women’s Property Act, 1908,”
and such order is not reversed or discharged:
Provided that on the reversal or discharge of any such order the wife shall be entitled to transfer any license held by her under the authority of this Act:
Provided also that nothing in this provision shall apply to any married or unmarried woman who at the time of the coming into operation of this Act is the lawful holder of a publican’s license; but every such married or unmarried woman may continue to hold the said license and have the same renewed from time to time, and at any time make a lawful transfer thereof as if subsection three of this section had not been passed.
73 Description of licenses.
1881, No. 21, sec. 29 1893, No. 34, sec. 12(5), (6) 1895, No. 45, sec. 18
(1.)
Licenses may be granted under this Act of the several descriptions following, that is to say:—
(a.)
Publicans’ licenses:
(b.)
New Zealand wine licenses:
(c.)
Accommodation licenses:
(d.)
Packet licenses:
(e.)
Wholesale licenses:
(f.)
Conditional licenses.
(2.)
Such licenses respectively shall be in such one of the forms in the Seventh Schedule hereto as is applicable, and shall, with the exception of conditional licenses, and subject in the case of all other licenses to the provisions of the next succeeding subsections of this section, be in force to the thirtieth day of June following the date of the license:
Provided that, whenever the license is lawfully granted at any time other than at the annual licensing meeting, the license fee payable shall be a duly proportionate part of the fee payable in respect of an annual license of the same kind.
(3.)
Whenever a license is granted after the taking of a poll in any district, the licensee shall have the right of an annual renewal of such license for the two years succeeding the original grant thereof, until the taking of the next poll, unless in the meantime his license becomes indorsed for any breach of law in respect of any of the offences mentioned in section twenty-four of this Act.
(4.)
In any such case as last aforesaid, or if any objection under section one hundred and nine hereof is made to the renewal of the license, the Committee, in its discretion, may refuse to renew such license.
74 Effect of publican’s license.
1881, No. 21, sec. 30
Subject to the provisions of this Act, a publican’s license shall authorise 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.
75 Eleven-o’clock extension.
1893, No. 34, sec. 12(3)
(1.)
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 five pounds, an extension of the time prescribed for the sale of liquors until eleven of the clock at night (but not later), on being satisfied of its being for the benefit and convenience of the public.
(2.)
Such extension shall be granted by an indorsement on the certificate and license respectively.
76 Accommodation required in publichouses within boroughs.
1881, No. 21, sec. 38
(1.)
No publican’s license shall be granted in respect of any house in any borough unless such house has 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 contains, 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 is 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.
Not to apply to house, &c., on cricket-ground, &c. Ibid, sec. 39
(2.)
Nothing in this 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.
77 Effect of New Zealand wine license.
Ibid, sec. 31
Subject to the provisions of this Act, a New Zealand wine license shall authorise 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 New Zealand, 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 shall be granted in boroughs only.
78 Effect of accommodation license.
Ibid, sec. 32
(1.)
Subject to the provisions of this Act, an accommodation license shall authorise the licensee to sell and dispose of any liquor on the premises therein specified between the hours of six in the morning and ten at night.
(2.)
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 thinks fit, including the payment of a fee of not exceeding twenty pounds to be fixed by the Licensing Committee.
(3.)
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.
79 Effect of packet license.
Ibid. sec. 34 1907, No. 59, sec. 2(1)
(1.)
Subject to the provisions of this Act, a packet license shall authorise the owner of the steam-packet or other vessel therein mentioned, being a vessel by which passengers are conveyed from any place in New Zealand or its dependencies to any other place in or out of New Zealand, 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 authorise the granting of allowances of liquor to the crew of such packet or vessel.
Regulations. Ibid, sec. 3
(2.)
The Governor may from time to time by Order in Council make regulations restricting to certain classes of vessels the grant of packet licenses under this Act, and all such regulations shall, when gazetted, have the force of law.
Provisions as to vessels holding packet licenses. 1907, No. 59, sec. 4
(3.)
The following provisions shall be applicable in the case of any vessel in respect of which a packet license has been granted under the Licensing Acts, whether before or after the coming into operation of this Act:—
(a.)
No liquor shall be sold, supplied, or given on board any such vessel by any person to a passenger already in a state of intoxication.
(b.)
No liquor shall be sold, supplied, or given on board any such vessel by any person to any officer or member of the crew of such vessel without the written authority of the master.
(c.)
No passenger shall, on board any such vessel, offer, give, or supply any liquor to the master, or to any officer or member of the crew of such vessel.
(4.)
Any person committing a breach of any of the provisions of the last preceding subsection shall be liable to a fine not exceeding twenty pounds; and if the offence is committed by any servant of the licensee, the licensee shall be deemed guilty of the like offence and shall be liable to the like fine.
80 Effect of wholesale license.
1904, No. 42, sec. 39
(1.)
Subject to the provisions of this Act, a wholesale license shall authorise the licensee to sell and deliver liquors from one place only (such place to be specified in the license), in quantities of not less than two gallons of liquors to be delivered to any one person at any one time, such liquor not to be consumed in or upon the licensee’s house or premises:
Provided that nothing herein shall prevent the holder of a wholesale license from selling or delivering liquor from any bonded warehouse.
(2.)
No new wholesale license shall be granted authorising the sale of liquor from any place within a borough or town district in which a publican’s license does not exist.
81 Holder of wholesale license need not he registered.
1881, No. 21, sec. 28(4)
It shall not be necessary for the holder of a wholesale license to be registered or to take out a license under “The Distillation Act, 1908.”
82 Effect of conditional license.
Ibid, sec. 36 1895, No. 45, sec. 22(2)
Subject to the provisions of this Act, a conditional license shall authorise 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, or at any cattle saleyards, 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 think fit.
Applications in respect of Licenses.—Objections
83 New licenses to be granted only at annual meeting.
1881, No. 21, sec. 55
New publicans’ licenses, New Zealand wine licenses, and accommodation licenses shall be granted only at the annual licensing meeting to be held in the month of June in each year.
84 Mode of applying for all licenses other than packet, wholesale, or conditional licenses.
Ibid, sec. 56 1882, No. 63, sec. 14 1895, No. 45, sec. 22(3)
(1.)
Every person who desires to obtain a license or the renewal of a license under this Act, not being a packet or wholesale or conditional license, shall, at least twenty-one days before he makes his application, 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 is held, and, except in the case of a renewal of a license, publish on three consecutive days of issue 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.
(2.)
In all cases the notice of application shall be in such one of the forms in the Eighth Schedule hereto as is 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 is to be held, there to remain until the day whereon the licensing meeting is held.
85 Applicant for license to furnish testimonials.
1904, No. 42, sec. 32
(1.)
Every applicant for a publican’s, or New Zealand wine, or accommodation license, or for a transfer thereof, but not for a renewal, shall with his application deliver to the Clerk of the Licensing Committee testimonials as to his character and suitability for the particular premises applied for, and such testimonials shall forthwith be forwarded by the Clerk to the Inspector, who shall report thereon to the Chairman of the Committee.
1893, No. 34, sec. 12(2)
(2.)
Such application shall also be accompanied by a certificate signed by a Magistrate in the form in the Eighth Schedule hereto, in respect of the fitness of the applicant to have such license.
86 Objections to licenses.
1881, No. 21, sec. 57
Any ten or more electors or 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 may object by memorial, which may be in the form in the Ninth Schedule to this Act or to the like effect, at any licensing meeting to the granting, renewal, or removal of such license.
87 Particulars required in memorial.
Ibid, sec. 58
(1.)
Every memorial having reference to the granting, renewal, or removal of a publican’s, or New Zealand wine, or accommodation license—
(a.)
Shall have, in addition to each signature thereon, a statement of the approximate distance from the premises intended to be affected by such memorial of the residence or property of each person signing the same, and a statement that each person so signing is over the age of twenty-one; and
(b.)
Shall be lodged with the Clerk of the Licensing Committee of the district not less than seven days before the day appointed for the next sitting of the Committee.
(2.)
The said Clerk shall keep a list posted in his office, for seven days previous to each sitting of the Licensing Committee, of all memorials lodged with him as aforesaid, and every such list and memorial shall be open for public inspection without fee.
(3.)
The Licensing Committee, on receiving any such memorial as aforesaid, shall erase therefrom all names whereto the foregoing particulars are not appended.
88 Objections by Inspectors and others.
Ibid, sec. 59
(1.)
Any Inspector in the licensing district wherein the premises are situated in respect whereof a license is sought, or to which it relates, or any resident in the neighbourhood of such premises, or the owner thereof, may object personally at any licensing meeting to the granting, renewal, or removal of a license.
(2.)
It shall not be necessary for such objectors to give to the applicant any previous notice of objection to the granting of a license unless such objection is in respect of the character of the applicant.
(3.)
If on the hearing of the application for the granting of the license objection is raised of which previous notice has not been given to the applicant three days before such hearing, he shall be entitled, on payment of costs, to an adjournment thereof.
89 Objections bylocal authority.
1881, No. 21, sec. 60
Any local authority may authorise any person to object, in a similar manner, on behalf of its ratepayers to the granting, renewal, or removal of a license in its district.
90 Objections within Native districts.
Ibid, sec. 61
Where the premises to which the application for the granting, renewal, or removal of a license relates are within a Native licensing district, then, in addition to the persons mentioned in the foregoing sections as being entitled to object to the application, any five or more adult male or female Natives whose ordinary permanent abode is within such district may personally object to the same.
91 Grounds of objection to grant of license.
Ibid, sec. 62
The objections which may be taken to the granting of a license may be one or more of the following:—
(a.)
That the applicant is of bad fame and character, or of drunken habits, or has previously forfeited a license, or that the applicant has within a period of three years been convicted of selling liquor without a license; or
(b.)
That the premises in question are out of repair, or have not the accommodation hereby required, or reasonable accommodation if the premises are not subject to the said requirements; or
(c.)
That the licensing thereof is not required in the neighbourhood, or that the premises are 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.
92 Licensing Committee may, of its own motion, take cognisance of objections.
Ibid, sec. 63
(1.)
Notwithstanding anything in this Act, the Licensing Committee may of its own motion take notice of any matter or thing which in its 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.
(2.)
In any such case the Licensing Committee shall inform the applicant, and shall, if requested by the applicant, adjourn the further hearing of the application, 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 thereto.
(3.)
The Committee shall forthwith, after such adjournment, cause full notice in writing of the matter or thing which in its 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 is made.
(4.)
Such notice shall also specify the day on which the adjourned application shall be heard.
93 Objectors only to appear against license.
1881, No. 21, sec. 64
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 it deems just to the party who succeeds in the proceedings before it.
94 Licensing Committee may make rules as to costs.
Ibid, sec. 65
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.
95 Costs of objectors, if successful, may be ordered.
Ibid, sec. 66
If the Licensing Committee refuses to grant any application, it may order payment of a sum to meet the reasonable costs and expenses of the person who has 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 appears 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.
96 Applications may be renewed
Ibid, sec. 67
(1.)
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:
Provided that if an application for a license is refused, and an application of the same description has within the period of twelve months been previously refused in respect of the same premises, then no similar application in respect of those premises shall be granted until after the expiration of twelve months from such second refusal.
(2.)
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.
97 Not in case where objection is personal.
Ibid, sec. 68
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.
98 Certificate in duplicate to be granted for license.
Ibid, sec. 69 1895, No. 45, sec. 31
(1.)
If the Licensing Committee grants an application, it shall issue to the applicant a certificate in such one of the forms in the Tenth Schedule hereto as is applicable, or to the like effect; and shall, in every case in which the license fee is payable to the fund of a local authority, cause a duplicate of such certificate to be transmitted to the treasurer of such local authority, and in all other cases shall cause such duplicate to be transmitted to the Minister of Finance, or to such Receiver of Revenue as the Minister of Finance directs.
(2.)
In every case where the certificate authorises the issue or renewal of a license, the certificate shall specify the fee to be paid, as also the officer to whom, the place where, and the time within which the same is payable, as provided by this section.
(3.)
Such fee may be paid either in manner specified in the certificate or by depositing the amount, at any time before the expiration of the aforesaid period, in any money-order post-office to the credit of the officer named in the certificate.
(4.)
The deposit-slip shall be in the form or to the effect set forth in the Eleventh Schedule hereto, and there shall be payable in respect of such deposit a poundage of sixpence in the pound.
(5.)
It shall be the duty of the Post Office authorities to remit the deposit to the said officer, and specify the purpose for which it is remitted;
Issue of license. 1881, No. 21, sec. 69
(6.)
Such officer shall forthwith, after the receipt of every duplicate certificate and payment, issue such license as is authorised by such duplicate.
Certificate void unless license fee paid within fourteen days. Ibid, sec. 70
(7.)
Every certificate shall be void unless the sum required to be paid for the license thereby authorised is paid to the proper officer entitled to receive the same within fourteen days after the granting of such certificate.
99 Granting of packet licenses.
Ibid, sec. 71 1893, No. 34, sec. 12(7) 1895, No. 45, sec. 20
Packet licenses may be granted at any time without notice by the Chairman and any two members 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 is applied for ordinarily plies.
100 Granting of wholesale licenses.
1881, No. 21, sec. 71 1893, No. 34, sec. 12(7) 1895, No. 45, sec. 20
(1.)
Wholesale licenses may be granted at any time by the Chairman and any two members of the Licensing Committee, or by the Licensing Committee at a licensing meeting:
Provided that every person who desires to obtain a wholesale license shall give not less than seven days’ notice in writing of his intention to apply, in the form in the Eighth Schedule hereto, to the Clerk of the Licensing Committee.
(2.)
Such notice shall be signed by the applicant, and shall set forth his name, abode, and occupation.
101 Wholesale licenses in partnerships may be granted.
1881, No. 21, sec. 72
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.
102 Conditional licenses may be granted at any time.
Ibid, sec. 73 1895, No. 45, sec. 20
Conditional licenses may be granted at any time without notice or any formal application at a licensing meeting by the Chairman and any two members of the Licensing Committee.
103 Grant of licenses to be at discretion of Committee.
1881, No. 21, sec. 75
The Licensing Committee shall exercise its 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 its opinion there is a necessity for the publichouse or other establishment for the sale of intoxicating liquors for which application is made.
104 Licenses may be cancelled for keeping house improperly.
Ibid, sec. 76
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 is proved to the satisfaction of the Committee 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.
105 Disqualification for licenses.
Ibid, sec. 77
(1.)
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.
(2.)
Any license held by any person so disqualified or attached to premises so disqualified shall be void.
Renewals, Transfers, and Removals of Licenses. Renewals
106 Renewal of license at annuel licensing meeting on payment of fee.
1881, No. 21, sec. 78
(1.)
Subject to the provisions of this Act relating to the licensing poll, and subject also to objections as hereinbefore provided for and to the discretionary power vested in the Licensing Committee by this Act, every licensed person shall be entitled to obtain from the Licensing Committee a certificate authorising 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 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.
Ibid, sec. 224(2)
(2.)
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, and have not lapsed pursuant to section two hundred and forty-nine hereof.
107 Accommodation license may be varied on renewal.
Ibid, sec. 79
On application for the renewal of an accommodation license, the Licensing Committee may—
(a.)
Vary the conditions upon which such license shall be renewed; or
(b.)
At the request of the applicant, grant to him a publican’s license instead of renewing his accommodation license, if the Committee sees fit and thinks the accommodation provided to be sufficient; or
(c.)
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 the Committee thinks fit.
108 Renewal may be refused.
Ibid, sec. 80
The Licensing Committee may refuse to grant a certificate of renewal of any license if it is proved to the satisfaction of the Committee that such license is liable to be forfeited under any of the provisions of this Act.
109 Objections to renewal.
Ibid, sec. 81 1893, No. 34, sec. 28
The objections that may be taken to the renewal of a license may be one or any of the following:—
(a.)
That the applicant is of bad fame and character, or of drunken habits; or
(b.)
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
(c.)
That the house is conducted in an improper manner, and drunkenness permitted therein; or
(d.)
That any of the conditions upon which the license was granted have not been satisfactorily fulfilled.
110 Licenses in boroughs not to be renewed except on conditions.
1881, No. 21, sec. 82
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.
111 Notice of objection to be given to applicant.
1881, No. 21, sec. 83
(1.)
No licensed person applying for a renewal need attend in person at the licensing meeting unless he is summoned by the Chairman of the Licensing Committee, or unless a written notice of an intention to oppose such renewal has been served upon him at least three days before the commencement of such licensing meeting.
(2.)
The aforesaid notice shall not be valid unless it states in general terms the grounds of objection to the renewal of the license.
112 Committee may adjourn application
Ibid, sec. 84
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 hereinbefore prescribed had been given.
113 Evidence to be given on oath.
Ibid, sec. 84
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.
114 On refusal, applicant may obtain adjournment in certain cases.
Ibid, sec. 85
Where the renewal of a license is refused for some reason personal to the licensed person, the licensing meeting at which such refusal is made may, if the Licensing Committee thinks fit, be adjourned to such day, not 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.
115 Application by other parties for license when refused.
Ibid, sec. 86
(1.)
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.
(2.)
The provisions of this Act 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.
116 Provision whore license not renewed before expiry of old license.
1904, No. 42, sec. 37
(1.)
Where an application for the renewal of a license has been duly made, and is not finally disposed of by the Committee on or before the day of the expiry of the license by effluxion of time, the license shall be deemed to be extended until the application is finally disposed of.
(2.)
During the period of such extension the licensee shall pay monthly in advance a proportion of the annual license fee for each month during any part of which liquor is sold in the premises in respect of which the application for renewal is made.
(3.)
If the application is ultimately granted, the renewal shall be for the period ending the thirtieth day of June next following the date on which it was granted, and the license fee for the whole period of extension and renewal, or so much thereof as remains unpaid, shallbe payable accordingly.
Transfers
117 Objections to transfer may be made.
1881, No. 21, sec. 87
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.
118 Applications for transfers.
Ibid, sec. 88
If any holder of a license (except a packet license, a wholesale license, or a conditional license) desires to transfer his license to any other person, he shall give notice, in the form in the Eighth Schedule hereto, 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 license shall be heard at the next quarterly meeting to be held after the delivery of such notice.
119 Transfer of licenses by Licensing Committee.
1881, No. 21, sec. 89 License of transferee subject to confirmation.
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 Twelfth Schedule hereto 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.
120 Purchasers of licensed premises may obtain temporary transfer of license.
Ibid, sec. 90 1895, No. 45, sec. 20
(1.)
Any person, being the holder of a license under this Act (other than a packet license, a wholesale license, or a conditional license), who during the currency thereof sells or assigns his house or premises in respect of which the license was granted, may make application to the Chairman and any two members of the Licensing Committee, in the form in the Eighth Schedule hereto, for a temporary transfer of such license to the person named in such notice, at any time after he has delivered a notice of his intended application in the same manner as notice is required to be given of an application for a license.
(2.)
If such Chairman and any two members of the Licensing Committee think fit, 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 their hands indorsed upon the original license in the form in the Twelfth Schedule hereto or to the like effect, grant such temporary transfer of such license accordingly.
(3.)
The effect of such indorsement shall be to authorise the person named in such memorandum to carry on the business specified in the license, at the house or premises in respect of which the same is held, until the next quarterly licensing meeting after such temporary transfer has been granted, and no longer.
121 License to be deposited for entry of particulars.
1881, No. 21, sec. 91 1882, No. 63, sec. 16
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 the said Clerk shall enter the particulars of such transfer in the Register of Licenses, and return the license to the person entitled thereto.
122 Liabilities of transferee.
1881, No. 21, sec. 92
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.
123 No transfer allowed within three months of original issue.
Ibid, sec. 93
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.
124 Transfer of license on ejectment.
Ibid, sec. 94
(1.)
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 the Committee thinks applicable, to such tenant, if approved of by the Committee.
(2.)
For such special certificate a fee of two pounds shall be paid to the proper treasurer.
125 Licensing Committee may transfer license where licensee deserts p emises or refuses to transfer.
1881, No. 21, sec. 95 1895, No. 45, sec. 20
The Chairman and any two members of the Licensing Committee may by order authorise any person they 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:—
(a.)
Whenever the licensee deserts the licensed premises, or refuses or neglects to transfer the license when justly required so to do; or
(b.)
If, during the currency of the license, the licensee 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 he refuses or neglects to transfer the license as aforesaid.
126 Continuance of forfeited license to owners of premises in certain cases.
1881, No. 21, sec. 96 1895, No. 45, sec. 20
Where any licensed person is convicted of any offence, and in consequence either becomes personally disqualified or has his license forfeited, the Chairman and 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 authorise 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.
Removals
127 Applications for removal of license.
1881, No. 21, sec. 97 1895. No. 45, sec. 22(4) 1904, No. 42, sec. 31
(1.)
If the holder of any license (except a packet license, a wholesale license, or a conditional license) desires to remove his license from his licensed premises to any other house within the limits fixed by this section, he shall give notice, in the form in the Eighth Schedule hereto, of his intended application in the same manner as notice is required to be given of an application for a license.
(2.)
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.
(3.)
Objections to the removal of any license may be made in manner provided herein in respect to objections to the granting of licenses.
Removal of licenses.
(4.)
No publican’s license or accommodation license shall be removed from the premises in respect of which it was granted to any other premises beyond the boundary of the borough (if undivided), or of the ward (if divided into wards), or of the riding of the county, as the case may be, within which the first-mentioned premises are situate, nor shall it be removed to any premises situate more than half a mile from the first-mentioned premises if such premises are in a borough, or one mile if in a county.
(5.)
No New Zealand wine license shall be removed from the premises in respect of which it was granted to any other premises beyond the boundary of the borough (if undivided), or of the ward (if divided into wards), or of the town district, or of the riding of the county, or of the road district within which the first-mentioned premises are situate, nor shall it in any case be removed to any premises situate more than one-quarter of a mile by the nearest road from such first-mentioned premises.
128 Removal of lapsed licenses.
1904, No. 42, sec. 31
In any case where a publican’s license or an accommodation license lapses by reason of non-application for renewal or of the withdrawal or refusal of such application, and in consequence of the lapse the Committee has jurisdiction to grant a new license, such new license shall not be granted in respect of premises situate beyond the limits fixed by subsection four of the last preceding section in the case of removals.
129 Effect of removal of license as to old and new premises.
1881, No. 21, sec. 98
(1.)
The Licensing Committee to whom the application is made shall not make an order of removal unless it is satisfied that no objection to such removal is made by the owner of the premises to which the license is attached.
(2.)
If the Licensing Committee grants the application, it shall make an indorsement upon the license in the form in the Thirteenth Schedule hereto, and thereupon the license shall have the same effect as if it had been originally granted in respect of the premises to which it is so removed, and the premises from which it is so removed shall cease to be licensed premises:
Provided that before such indorsement is made the applicant shall pay to the proper treasurer a fee of two pounds in respect of such order of removal.
(3.)
If the Licensing Committee refuses the application, the effect of the license shall not be prejudiced.
Deaths, Casualties, &c.
130 Provision in case of death of licensee.
Ibid, sec. 99 1895, No. 45, sec. 20
(1.)
In the case of the decease of a licensed person before the expiration of his license, his widow, or, if he has not left a widow, any member of his family of the age of twenty-one year’s, or any person on behalf of such family, may, if specially authorised in writing by the Chairman and 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.
(2.)
At such next quarterly meeting the Licensing Committee may authorise 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 has not been sooner granted or his license does not sooner expire.
(3.)
Every such widow or other person shall be subject to the same obligations as if she or he were the licensee named in the license.
131 In case of death immediately before expiry of license.
1881, No. 21, sec. 100
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 has not been granted before the next quarterly licensing meeting, then to such person as the Licensing Committee considers entitled to obtain probate of his will or administration of his estate, and if there is more than one of such executors or persons, then to such one of such executors or persons as the Licensing Committee may select.
132 Provision in case of bankruptcy of licensee.
1881. No. 21. sec. 101 1895, No. 45, sec. 20
(1.)
Where any licensed person is adjudged a bankrupt, or his affairs arc liquidated by arrangement before the expiration of his license, is assignees or trustees may, by an agent specially authorised in writing by the Chairman and 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.
(2.)
At such next quarterly meeting the Licensing Committee may authorise such agent to carry on the business for a further period not exceeding three months, in case the bankruptcy or liquidation has occurred within the three weeks immediately previous to such meeting.
(3.)
Every such agent shall be subject to the same obligations as if he were the licensee named in the license.
133 Duties and liabilities of executors, &c.
1881, No. 21, sec. 102
Every license under this Act shall confer upon the licensee’s executor or administrator, assignee or trustee, the same privileges, and (if such executor or administrator, assignee or trustee, avails himself of such privileges) shall impose on him the same duties, obligations, and liabilities as if such license had been granted to him originally.
134 In case of marriage of female licensee, license to be subject to confirmation.
Ibid, sec. 103
(1.)
In case of the marriage of any woman 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 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.
(2.)
Such confirmation shall be made if the Committee is 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.
135 In case of lunacy.
Ibid, sec. 104 1895, No. 45, sec. 20
In case any licensed person becomes a lunatic within the meaning of any Act for the time being in force relating to lunacy, the Chairman and 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, authorise 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 is 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.
136 In case of continued lunacy.
1881, No. 21, sec. 105 1893, No. 34, sec. 12(1)
(1.)
In case any licensed person continues or is 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 any member of his family, or to and in the name of any person nominated for that purpose by a Supreme Court Judge in the district.
(2.)
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.
137 Lost license—duplicate license.
1881, No. 21, sec. 106 1895, No. 45, sec. 20
Where a license is lost or destroyed, the person thereby licensed may apply to the Chairman and any two members of the Licensing Committee for a certificate that such license had been issued to such person; and such Chairman and 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 Fourteenth Schedule hereto or to the like effect; and on 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.
138 Temporary license in case of accident to premises by fire, &c.
1881, No. 21, sec. 107 1895, No. 45. sec. 20
If the licensed premises of a licensed publican are rendered unfit for the carrying-on of his business by fire, tempest, or other calamity, the Chairman and any two members of the Licensing Committee, on the application by or on behalf of such licensed publican, may, if they see fit so to do, by order authorise 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.
Fees, Fines, Forfeitures, and Penalties
139 Fess to be paid in respect of licenses.
1881, No. 21, sec. 108
(1.)
The annual fees which shall be paid for licenses under this Act shall be respectively as follow:—
(a.)
For a publican’s license within the limits of any borough, forty pounds; outside the aforesaid limits, twenty-five pounds:
(b.)
For a New Zealand wine license, one pound:
(c.)
For an accommodation license, such sum not exceeding twenty pounds as is named therein by the Licensing Committee granting the same:
(d.)
For a packet license for a vessel exceeding fifty tons register, ten pounds; for a vessel not exceeding fifty tons register, five pounds:
(e.)
For a wholesale license, twenty pounds:
(f.)
For a conditional license, such sum not exceeding thirty pounds, according to duration of license, as is named therein at the discretion of the proper authorities granting the same.
(2.)
All such fees shall respectively be paid within fourteen days after the granting of the certificate authorising the issue of the license.
1893, No. 34, sec. 12(5)
(3.)
Where a license is lawfully granted at any time other than at the. annual licensing meeting, the fee to be paid for such license shall be a proportionate part of the fee payable in respect of an annual license of the same kind.
140 Application of license fees.
1881, No. 21, sec. 109
(1.)
All license fees shall be paid to the treasurer of the local authority within whose district the premises in respect of which the license was granted are situate, and shall form part of the local authority’s ordinary fund:
Provided that in any part of New Zealand where there is no local authority such license fees shall be paid into the Public Account and form part of the Consolidated Fund.
(2.)
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.
141 Other fees.
1881, No. 21, sec. 110
(1.)
The fees mentioned in the Fifteenth Schedule hereto, or such other fees as the Governor in Council from time to time prescribes, 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.
(2.)
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.
142 No fees to be charged to police.
Ibid, sec. 111
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.
143 Application of fines, penalties, &c.
Ibid. sec. 112
All forfeitures under this Act shall be sold or otherwise disposed of in such a manner as the Court 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.
Increase of Licenses
144 Licenses may be granted when population suddenly increased.
1893, No. 34, sec. 5
(1.)
When the population of any riding of a county in which “The Counties Act, 1908,”
is in force, or of any road district outside of any such county, has suddenly increased in a large degree, and a petition, signed by not less than one hundred residents thereof respectively, has been presented to the Governor praying that power be granted to the Licensing Committee to issue a publican’s license or licenses therein, the Governor may, unless the determination of the electors has been previously made that no licenses shall be granted, by Order in Council grant such authority, and thereupon publicans’ licenses may be granted in the said riding or road district by the Committee, at the ratio of one licensed house to every seven hundred persons residing within a radius of two miles from such licensed house.
(2.)
Every such license shall continue in force until the annual meeting of the Licensing Committee next after a poll has been taken of the electors of the district as provided in Part II of this Act.
145 No increase of licenses to be allowed until after census taken, and then only on certain conditions.
Ibid, sec. 14
(1.)
Except as provided in the last preceding section, there shall not be granted any increase in the number of licenses in any district until after the taking of the then next census.
(2.)
If the results of any such census prove that the population of any district has increased by twenty-five per centum of the whole population thereof as existing at the previous census, then a proposal as to whether there shall be an increase of licenses granted or not shall be submitted to the electors for their determination; and Part II of this Act shall, mutatis mutandis, apply generally to the mode of taking the said poll, excepting that the voting-papers for such poll shall be in the form in the Sixth Schedule hereto, with the substitution of the word “increased”
in lieu of the word “restored.”
(3.)
If the proposal that there be an increase of licenses is carried by a majority of three-fifths in number of the total votes recorded at the poll, and such number of total votes recorded be not less than one-half of the total number of electors on the roll of the district, then, and in such case only, the Committee may grant additional licenses in such district at a rate not exceeding one license for every seven hundred people of such increase in the district.
Effect of “No-license”
Vote
146 Provisions in force in districts where “no-license”
vote has been carried.
1895, No. 45, sec. 33 1904, No. 42, sec. 5(3)
With respect to every district the electors whereof have duly determined in manner prescribed by this Act that no licenses be granted therein, and so long as, pursuant to such determination, no licenses are in force therein, the following provisions shall apply:—
(a.)
It shall not be lawful for any person whomsoever—
(i.)
To solicit or receive any order for any liquor within such district; nor
(ii.)
To sell, or expose or keep for sale, any liquor within such district; nor
(iii.)
To send (either from without or within such district) or deliver to any person residing therein, or at any place situate therein, any liquor which the person sending or delivering the same has reasonable ground to suspect is intended to be sold, or exposed or kept for sale, therein; nor
(iv.)
To send or deliver to any person residing therein, or to any place situate therein, any package containing liquor, unless such package bears distinctly written or printed on the outside thereof a statement that it contains liquor. Any constable may detain and in the presence of at least two witnesses examine the contents of any package in respect whereof a violation of this provision is reasonably suspected by him.
(b.)
Every person who commits any breach of any of the provisions of this section is liable for a first offence to a fine not exceeding fifty pounds, and for a second or any subsequent offence to imprisonment for any term not exceeding three months.
(c.)
In any prosecution for the sale of liquor in breach of this section it shall not be necessary, in proving the sale, to show that any money or money’s worth passed, or that any other consideration for the sale existed, if the Court is satisfied that a transaction in the nature of a sale actually took place.
(d.)
In any prosecution for exposing or keeping liquor for sale in breach of this section it shall lie on the accused to show that the liquor proved to be exposed or kept was not so exposed or kept for sale.
(e.)
In any prosecution for sending or delivering liquor in breach of this section it shall lie on the accused to show that he had no reasonable ground to suspect that such liquor was intended to be sold, or exposed or kept for sale, within such district.
(f.)
This section shall not apply to sales by brewers of liquor, being their own manufacture, to persons not residing or carrying on business within such district, and to be delivered beyond the limits of such district.
147 Effect of “no-license.”
1904, No. 42, sec. 5
(1.)
With respect to every such district as last aforesaid, and so long as, pursuant to the result of the licensing poll, no licenses exist therein, the following provisions shall apply:—
(a.)
Every person who gives any order (whether verbal or in writing) for any liquor intended to be sent or taken into the district shall notify the person to whom the order is given that the liquor is intended to be so sent or taken, and shall give to such last-mentioned person a statement in writing of his name and address, and (where the order is given on account of any other person) the name and address of such other person.
(b.)
Every person who sells any liquor in compliance with any such order shall, if so notified as aforesaid, or if aware that the liquor ordered is to be sent or taken into such district, furnish to some Clerk of a Magistrate’s Court to be appointed by the Minister a statement in writing of the nature and quantity of the liquor so sent or taken, and of the name and address of the person ordering the same, and of the person to whom it is sent or by whom it is taken; and all such statements shall be filed by the Clerk.
(c.)
Every brewer, wholesale licensee, or other vendor of liquor shall keep a book in which he shall enter all orders received by him for the delivery of liquor in such district, the nature and quantity of all liquor so delivered by him in compliance with any such order, and the address of the person ordering the same and of the person to whom the liquor is to be delivered.
(d.)
All statements filed as aforesaid, and every such book as aforesaid, shall be open to inspection by any Magistrate, Inspector of licensed premises, or by any person appointed in that behalf by any Court before which proceedings under this or the last preceding section have been taken, but save as aforesaid shall not be open to inspection by any person.
(e.)
Every person who,—
(i.)
Being a resident in such district, obtains, or who, acting on behalf of any such resident, obtains or orders liquor to be delivered in such district to him or to any such resident without notifying the vendor or the vendor’s agent that he is such a resident as aforesaid, or that the liquor is to be delivered to such a resident as aforesaid; or
(ii.)
Sells any liquor to, or for delivery to, any such resident as aforesaid without making an entry of the sale in the book aforesaid, or without furnishing a statement to the Clerk of the Magistrate’s Court as aforesaid; or
(iii.)
Knowing that any liquor is being supplied in breach of this section, delivers such liquor to any resident as aforesaid—
is liable to a fine for the first offence not exceeding twenty pounds, and for the second or subsequent offence to a fine not exceeding fifty pounds; or, if he is a licensee, to a fine not exceeding fifty pounds for a first offence and one hundred pounds for a second offence, and for a third or subsequent offence to a fine not exceeding two hundred pounds, or his license may be cancelled.
(f.)
Nothing in this section shall prevent any resident in such district, when outside the district, from obtaining for his own personal use, with right to take the same into the district if he chooses, liquor not exceeding one quart of spirits or wine or one gallon of beer in any one day; and it shall not be necessary for the vendor to enter such sale as required by paragraph (c) hereof, or to furnish any statement to the Clerk of the Magistrate’s Court in respect thereof.
(g)
If the Clerk of the Magistrate’s Court or any other person discloses any information supplied in any statement filed under paragraph (b) hereof, he shall, unless such disclosure is made in good faith for the purpose of detecting and punishing offenders, be liable to a fine not exceeding twenty pounds.
(h.)
Nothing in this section shall prevent any duly registered pharmaceutical chemist within such district from dispensing alcoholic liquors in medicinal quantities for medicinal purposes upon a certificate signed by a duly registered medical practitioner.
(2.)
The foregoing provisions of this section are supplementary to and not in abrogation of those of the last preceding section.
Part V Licensed Premises
Record of Applications and Register of Licenses
148 Record of applications.
1881, No. 21, sec. 113
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 record of all applications made to the Licensing Committee or to the Chairman and any two members 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 were disposed of, including, in case of a refusal, the cause thereof.
149 Register of Licenses.
Ibid, sec. 113 1904, No. 42, sec. 34
(1.)
There shall also be kept by the said Clerk a register to be called “the Register of Licenses.”
(2.)
The Register of Licenses shall be kept in the prescribed form, and shall be in two Parts, as follows:—
Part I shall be a register of licensed persons, and shall contain particulars of the names of the persons to whom licenses are granted, and the premises in respect of which each license is granted.
Part II shall be a register of licensed premises, and shall contain particulars of the premises in respect of which licenses are granted, the names of the owners of the premises, and the names of the persons for the time being holding each license.
(3.)
The register kept immediately before the coming into operation of this Act shall be deemed to be the register under this Act.
Registration fee. 1881, No. 21, sec. 119
(4.)
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 a fee of one shilling for every license granted or renewed.
150 Extracts from registers.
1881, No. 21, sec. 113
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.
151 Governor to regulate intertransmission of extracts of registers, &c.
Ibid, sec. 114
The Governor may from time to time 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.
152 Application to state owner of premises.
Ibid, sec. 115
(1.)
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 application is made, and such name shall be indorsed on the license if the application is granted.
(2.)
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.
153 Owners of premises and co-owners may be registered as owners.
Ibid, sec. 116
(1.)
A Court of summary jurisdiction, on the application of any person who proves to the Court that—
(a.)
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
(b.)
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 name of such person to be registered as owner or one of the owners of such premises.
(2.)
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.
(3.)
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.
154 Register to be open to inspection.
Ibid, sec. 117
(1.)
Any elector, any owner of premises to which a license is attached, and any holder of a license within a licensing district, upon payment of a fee of one shilling, and any constable 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.
(2.)
The Clerk of the Licensing Committee and every other person who prevents the inspection or taking copies of or extracts from the Register of Licenses, or demands any unauthorised fee therefor, shall be liable to a fine not exceeding five pounds for each offence.
155 Register may be divided into divisions.
Ibid, sec. 118
The Licensing Committee may, if it thinks fit, cause the Register of Licenses to be divided into separate divisions, and assign a division to any portion of the licensing district.
156 Register to be evidence of matters therein.
Ibid, sec. 120
The Register of Licenses kept in pursuance of this Act shall be receivable in evidence of the matters required by this Act to be entered therein.
157 Indorsements on licenses to be evidence.
Ibid, sec. 121
Every indorsement upon a license, and every copy of an entry made in the Register 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.
Duties and Liabilities of Licensees and Others
158 Licensee to produce license on lawful demand.
1881, No. 21, sec. 122
(1.)
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, constable, or Inspector of licensed premises, and deliver the same to be read and examined by him.
(2.)
Every person who acts in contravention of this section is liable to a fine not exceeding ten pounds.
159 Name of licensee to be affixed to premises.
Ibid, sec. 123
(1.)
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 the express 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.
(2.)
Every licensed person who acts in contravention of or who fails to comply with the provisions of this section is liable to a fine not exceeding for the first offence five pounds, and not exceeding for the second and any subsequent offence ten pounds.
160 Outdoor lamp to be kept burning all night.
Ibid, sec. 124 Exemption.
(1.)
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:
Provided that the Licensing Committee may, by indorsement on his license, exempt any publican from compliance with this provision in cases where it thinks the street or particular place where his licensed premises are situate to be otherwise sufficiently lighted.
(2.)
Every person who acts in contravention of or who fails to comply with any provision of this section is liable for each such offence to a fine not exceeding two pounds.
161 Sanitary precautions.
Ibid, sec. 125
Every holder of a license 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 is required by or in accordance with any direction of an Inspector.
162 Limit of hours of employment of females.
Ibid. sec. 126
(1.)
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 at night.
(2.)
Every holder of a license who permits the provisions of this section to be broken upon his licensed premises is liable for every such offence to a fine not exceeding twenty pounds.
163 Engagements with girls for dancing void.
1881, No. 21, sec. 127 1904, No. 42, sec. 33
(1.)
Any contract by which any females are hired to dance in any room or place where liquors are sold shall be null and void.
(2.)
Any room or place in which females are 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 fine 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 Magistrate.
164 Room not to be used as a dancingsaloon, &c.
1881, No. 21, sec. 128
(1.)
If any licensed person permits 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 are admitted by ticket or otherwise, he shall be liable to forfeit his license.
Hiring by private societies or persons.
(2.)
Nothing herein 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 the Chairman and any 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 Chairman and two members of the Committee may, if they think fit, altogether refuse to grant such application.
165 Refusing to provide accommodation an offence.
Ibid, sec. 129
Every innkeeper who fails or refuses, either personally or through any one acting on his behalf, except for some valid reason, to supply lodging, meals, or accommodation to travellers is liable for each offence to a fine not exceeding ten pounds.
166 Sufficient stabling accommodation to be kept.
Ibid, sec. 130
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 innkeeper, be included in the term “accommodation”
mentioned in the last preceding section.
167 Wages not to be paid in licensed premises.
Ibid, sec. 131
If any master or other person employing journeymen, workmen, servants, or labourers pays or causes 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 is sold, he shall for every such offence be liable to a fine not exceeding ten pounds:
Provided that nothing herein 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.
168 No post-office to be kept nor rates to be paid at licensed premises.
Ibid, sec. 132
(1.)
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.
(2.)
No local rates of any sort shall be paid thereat.
169 No debts for liquor recoverable.
Ibid. sec. 133
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 innkeeper may sue for and recover the value of any liquor supplied in moderate quantity with meals to any person bona fide lodging in the house.
170 Liquor to be sold for money only.
1881, No. 21, sec. 134
(1.)
If any innkeeper receives 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 be liable to a fine not exceeding ten pounds.
(2.)
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.
Not to be paid for in advance.
(3.)
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.
171 Forfeiture of license for neglect of premises.
ibid, sec. 135 1895, No. 45, sec. 20
(1.)
If any innkeeper—
(a.)
Permits 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 the Chairman and any two members of the Licensing Committee; or
(b.)
Whether present in such premises or not, permits any unlicensed person to be in effect the keeper thereof, or fails to maintain such premises and the accommodation thereof at the standard by this Act required, or if the license in respect of such premises was granted prior to the coming into operation of “The Licensing Act, 1881,”
at the standard theretofore required; or
(c.)
Allows such premises to become ruinous or dilapidated,—
he shall be liable to forfeit his license.
(2.)
But if such premises 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.
Protection of Lodgers, Guests, and Licensees
172 Protection of property of guests.
1881, No. 21, sec. 137
Every house for which a publican’s license or an accommodation license is granted shall be considered as a common inn; and no goods or chattels whatsoever bona 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.
173 Remedy in case of distress.
Ibid, sec. 138
If any such goods or chattels are 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 in a summary manner into any complaint made in respect of such distress or seizure, 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 are incurred by such summary proceedings.
174 Limit of liability of innkeeper for property of guests.
1881, No. 21, sec. 139
(1.)
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:—
(a.)
Where such goods or property has been stolen, lost, or injured through the wilful act, default, or neglect of such innkeeper, or any servant in his employ:
(b.)
Where such goods or property has been deposited expressly for safe custody with such innkeeper:
Provided that in the case of such deposit it shall be lawful for such innkeeper, if he thinks 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.
(2.)
If any innkeeper refuses to receive for safe custody as before mentioned any goods or property of his lodger or guest, or if any such lodger or guest, through any default of such innkeeper, is unable to deposit such goods or property as aforesaid, such innkeeper shall not be entitled to the benefit of this Act in respect of such goods or property.
175 Innkeeper may sell goods and chattels of guests, and unclaimed goods.
Ibid, sec. 140
(1.)
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 he keeps, or in the coach-house, stable, stable-yard, or other premises appurtenant or belonging thereto, where the person depositing or leaving such goods, chattels, carriages, horses, wares, or merchandise—
Is or becomes indebted to the said innkeeper either for any board or lodging, or for the keep and expenses of any horse of other animals left with or standing at livery in the stables or fields occupied by such innkeeper:
Provided that the debt for the payment of which a sale is made shall not be any other than a debt due to the innkeeper for board and lodging, or for the keep and expenses of any horse or other animals left with such innkeeper as aforesaid.
Sales, &c., to be subject to conditions.
(2.)
No such sale shall be made until after the said goods, chattels, carriages, horses, wares, or merchandise 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.
(3.)
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, 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.
(4.)
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.
176 Innkeeper may sell unclaimed goods.
1881, No. 21, sec. 141
(1.)
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 docs not reclaim them within six months after having so left them.
(2.)
No such sale shall be made until the same has been advertised during one month in the manner prescribed by the last preceding section.
Tied Houses
177 Tied houses.
1895, No. 45, sec. 35
(1.)
No covenant or agreement, condition, proviso, or stipulation, whereby any person or body corporate is purported to be bound to purchase beer, wines, spirits, or other fermented or spirituous liquors from any other person or body corporate to the exclusion of any other persons or bodies corporate, shall, if entered into after the thirty-first day of October, one thousand eight hundred and ninety-five (the date of the coming into operation of “The Alcoholic Liquors Sale Control Act Amendment Act, 1895”
), have any force or validity whatever.
(2.)
Every bond, bill of exchange, or promissory note given on or after that date for the purpose of securing the performance of any such covenant or agreement, condition, proviso, or stipulation shall be void.
(3.)
Every deed, memorandum, or other document which contains any such covenant, agreement, condition, proviso, or stipulation as aforesaid shall be read and construed as if such covenant, agreement, condition, proviso, or stipulation were omitted therefrom.
(4.)
Every estate, right, title, and interest, or other benefit which is declared or purports to be devested or forfeited for or on account of the non-performance or non-observance of any such covenant, agreement, condition, proviso, or stipulation shall continue as if the same were not liable to be devested or to forfeiture for such reasons as aforesaid, notwithstanding the non-performance or non-observance of any such covenant, agreement, condition, proviso, or stipulation.
(5.)
Every limitation, right of entry, or other estate or interest in real or personal property, or any other benefit whatever which is declared or purports to take place, or effect, or to accrue, or vest on the breach or non-performance of any such covenant, agreement, condition, proviso, or stipulation shall be void.
(6.)
Where any person has entered into any such covenant or agreement, or purports to have made himself directly or collaterally liable for the performance or observance of any such covenant, agreement, condition, proviso, or stipulation as aforesaid, or has made, given, or entered into any bond, obligation, deed, bill of exchange, promissory note, or other instrument of what kind soever given for any such purpose as aforesaid, he shall be entitled to commence or prosecute a suit in any Court of competent jurisdiction to cancel or rectify such instrument as aforesaid, in such manner that he shall no longer be or appear to be under such obligation or liability as aforesaid.
178 Consideration for landlord’s consent to transfer void.
1904, No. 42, sec. 49
(1.)
It shall not be lawful for the owner or landlord of any licensed premises to demand or receive any fine, payment, bonus, premium, or consideration for his consent to any assignment, sublease, or transfer of the licensed premises or any lease thereof or the license by the licensee.
(2.)
In any case where any such fine, payment, bonus, premium, or consideration has been paid on or after the eighth day of November, one thousand nine hundred and four (the date of the coming into operation of “The Licensing Acts Amendment Act, 1904”
), then any moneys so paid may be recovered as a debt from the person receiving the same by the person paying the same.
179 Consent to transfer of lease not to be arbitrarily refused
1904, No. 42, sec. 49
In the case of an assignment or sublease of a lease executed on or after the last-mentioned date, and in the case of a transfer of a license executed on or after that date, the owner or landlord shall not arbitrarily or unreasonably refuse such consent, and if any question arises as to whether his refusal is arbitrary or unreasonable it shall be decided by a Judge of the Supreme Court on the application of any party concerned, for which purpose the proceedings may be by way of originating summons.
Offences against Public Order
180 Forfeiture of license for crime.
1881, No. 21, sec. 142
Every licensed person who is convicted and sentenced to imprisonment for any indictable offence shall forfeit his license.
181 Permitting drunkenness.
Ibid, sec. 146
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 fine not exceeding for the first offence twenty pounds, and not exceeding for the second and any subsequent offence fifty pounds.
182 Keeping disorderly house.
Ibid, secs. 147, 150 1904, No. 42, sec. 33
(1.)
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 allows them to remain thereon longer than is necessary for the purpose of obtaining reasonable refreshment, be liable to a fine not exceeding for the first offence ten pounds, and not exceeding for the second and any subsequent offence twenty pounds.
(2.)
A record of every conviction of an offence against this section shall be indorsed on the license of the person convicted.
183 Harbouring constables, &c.
If any innkeeper—
(a.)
Knowingly harbours or knowingly suffers to remain on his premises any constable during any part of the time appointed for such constable being on duty, unless for the purpose of keeping or restoring order, or in execution of his duty; or
(b.)
Supplies any liquor or refreshment, whether by way of gift or sale, to any constable on duty, unless by authority of some superior officer of such constable; or
(c.)
Bribes or attempts to bribe any constable,—
he shall be liable to a fine not exceeding for the first offence ten pounds, and not exceeding for the second or any subsequent offence twenty pounds.
184 Permitting gaming, baiting, &c.
Ibid, sec. 149
(1.)
If any innkeeper—
(a.)
Suffers any unlawful game to be carried on on his premises; or
(b.)
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 fine not exceeding for the first offence ten pounds, and not exceeding for the second and any subsequent offence twenty pounds.
(2.)
The penalties mentioned in this section 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.
185 Permitting gambling.
1904, No. 42, sec. 44
Every licensee who permits or connives at gambling or the playing of any unlawful game on his licensed premises is liable to a fine not exceeding ten pounds.
186 Forfeiture of license for permitting house to be a brothel.
1881, No. 21, sec. 151
If any innkeeper is convicted of permitting his premises to be a brothel, he shall be liable to a fine 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.
187 Power to exclude persons from premises and to refuse liquor.
Ibid, sec. 152
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.
188 Refusing to quit premises on demand.
Ibid, sec. 153
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 fine 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.
Illicit Sales
189 Closing-hours for licensed premises.
Ibid, sec. 154 1893, No. 34, sec. 12(4)
(1.)
Subject as hereinafter mentioned, all licensed premises shall be closed as follows, that is to say:—
(a.)
On Saturday night, from ten o’clock until six o’clock on the following Monday morning:
(b.)
On the nights of all other days, from ten o’clock until six o’clock on the following morning:
Provided that all licensed premises in respect of which an extension of time for the sale of liquors until eleven o’clock at night has been granted shall be closed as follows, that is to say:—
(c.)
On Saturday night, from eleven o’clock until six o’clock on the following Monday morning:
(d.)
On the nights of all other days, from eleven o’clock until six o’clock on the following morning.
(2.)
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 follows Sunday.
190 Sale of liquor or playing games at unauthorised times.
1881, No. 21, sec. 155 1904, No. 42, sec. 33
Every 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, is liable for the first offence to a fine not exceeding ten pounds, and for any subsequent offence to a fine not exceeding twenty pounds.
191 Saving as to lodgers.
1895, No. 45, sec. 22(5) 1904, No. 42, sec. 38
It shall be lawful for, but not obligatory upon, a licensee to sell liquor at any time to any person being really a lodger living or staying in the licensed premises.
192 Onus of proof in such cases.
1895, No. 45, sec. 22(5) 1904, No. 42, sec. 38
The burden of proving any person to be a lodger shall be upon the person alleging the fact, and any person falsely alleging himself to be a lodger shall be liable, on conviction, to a fine not exceeding ten pounds.
193 False representation as a lodger.
1881, No. 21, sec. 158
Every person who, by falsely representing himself to be 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 is liable to a fine not exceeding five pounds.
194 Persons found on licensed premises after closing-hours.
1904, No. 42, sec. 42
(1.)
Every person found on licensed premises at any time when such premises are required by this Act to be closed is liable to a fine not exceeding two pounds, unless he satisfies the Court that he was an inmate, servant, or lodger on such premises, or a bona fide traveller, or that otherwise his presence on such premises was not in breach of the provisions of this Act with respect to the closing of licensed premises.
(2.)
Any constable may demand the name and address of any person so found, and, if he has reasonable ground to suppose that the name or address given is false, may require evidence of the correctness thereof, and if such person fails upon such demand to give his name and address, or such evidence, the constable shall caution him, and, if he still persists in such failure, may apprehend him without warrant, and take him, as soon as practicable, before a Justice, who, if such person gives his correct name and address, may order him to be released on bail.
(3.)
Any person required 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 evidence with respect to such name and address, is liable to a fine not exceeding five pounds.
195 Sale of liquor by unlicensed persons or at unauthorised places.
1881, No. 21, sec. 159
(1.)
No person shall sell or expose for sale any liquor without being duly licensed to sell the same, or at any place where he is not authorised by his license to sell the same.
(2.)
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 he is not authorised by his license to sell the same, shall be subject to the following penalties, that is to say:—
(a.)
For the first offence he shall be liable to a fine not exceeding fifty pounds, or to imprisonment, with or without hard labour, for a term not exceeding one month:
(b.)
For the second offence he shall be liable to a fine 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:
(c.)
For the third and any subsequent offence he shall be liable to a fine 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.
(3.)
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 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.
196 Occupier of unlicensed premises liable for sale of liquor.
1881, No. 21, sec. 160
The occupier of any unlicensed premises on which any liquor is sold, or, if such premises arc occupied by more than one person, every occupier thereof, shall, if it is 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.
197 Seller liable for drinking on premise contrary to license.
Ibid, sec. 161 1904, No. 42, sec. 33
(1.)
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 appears that such drinking was with his privity or consent, be subject to the following penalties, that is to say:—
(a.)
For the first offence he shall be liable to a fine not exceeding ten pounds:
(b.)
For the second and any subsequent offence he shall be liable to a fine not exceeding twenty pounds.
(2.)
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.
198 Evasion of law as to drinking on premises contrary to license.
1881, No. 21, sec. 162 1904, No. 42, sec. 33
(1.)
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 the manner provided by this Act.
(2.)
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 is 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.
199 Internal communication with unlicensed premises unlawful.
1881, No. 21, sec. 1
(1.)
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, is liable to a fine not exceeding ten pounds for every day during which such communication remains open.
(2.)
In addition to any fine imposed by this section, any person convicted of an offence under this section shall, if the holder of a license, forfeit such license.
200 Only one bar to be used.
1881, No. 21, sec. 164 1893, No. 34, sec. 28
(1.)
After the grant of a publican’s license no bar, beyond the one bar stated on the license, shall be opened or used in or upon the licensed premises.
(2.)
If any person opens or uses more than the one stated bar for the sale of liquors, or knowingly permits the same to be opened or used for such sale, he shall be deemed to have been guilty of selling without a license.
201 No one to sell at races, &c., without conditional license, or at railway-stations without Minister’s license.
1881, No. 21, sec. 165
(1.)
Any person selling or exposing for sale any liquor—
(a.)
In any booth, tent, or place within the limits of any space allotted for holding any lawful and accustomed races, sports, or games, without a conditional license; or
(b.)
In any rooms or buildings attached to or connected with a railway-station, without having a license from the Minister of Railways so to do—
shall, notwithstanding anything 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 authorised by his license tosell 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 authorised to sell the same throughout the year, although such premises are situate within the limits aforesaid.
(2.)
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 provisions 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 provisions, 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.
202 Supplying certain liquors to youths.
1904, No. 42, sec. 40
(1.)
Every licensee who supplies or allows to be supplied in his licensed premises, by purchase or otherwise, to be consumed on the premises,—
Any spirits, wine, ale, beer, or porter to any person apparently under the age of eighteen years, not being resident on the premises or a bona fide guest or lodger—
is liable for each offence to a fine not exceeding ten pounds.
(2.)
Every person who, by falsely representing himself or herself as being of the age of eighteen years or upwards, obtains for consumption on the premises any spirits, wine, ale, beer, or porter is liable to a fine not exceeding ten pounds.
203 Supplying children with liquor.
1893, No. 34, sec. 12(8)
No intoxicating liquors shall be sold or supplied, or allowed to be Bold or supplied, by any licensee to any child apparently under thirteen years of age, for consumption off the licensed premises, under a fine for every such offence, not exceeding five pounds.
204 Sending children for liquor.
1904, No. 42, sec. 41
Every person who sends a child under the age of thirteen years to a licensed house for any liquor is liable to a fine not exceeding ten pounds.
205 Persons actually supplying liquor liable in certain cases.
Ibid. sec. 45
Where in any licensed premises any person other than the licensee supplies liquor to—
(a.)
Any person who is already in a state of intoxication; or
(b.)
Any young person, in breach of section two hundred and two hereof; or
(c.)
Any child, in breach of section two hundred and three hereof; or
(d.)
Any prohibited person; or
(e.)
Any person at a time at which such person is not entitled lawfully to be supplied with liquor—
he shall be liable to a fine not exceeding ten pounds, irrespective of any liability that may attach to the licensee in respect of the same offence.
206 Evidence of sale or consumption of liquor.
1881. No. 21, sec. 170
(1.)
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 is 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 licensed premises, 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 licensee.
Unlawful sale of liquor provable by purchaser thereof. Ibid, sec. 171
(2.)
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.
207 Persons deemed unlicensed if not producing license.
Ibid, sec. 172
(1.)
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 at the hearing of the case he produces his license.
Prima facie evidence of unlicensed premises.
(2.)
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 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 prima facie evidence of the unlawful sale of liquor by such person.
208 Forging, counterfeiting license, &c.
Ibid, sec. 173
Every person is guilty of a crime punishable on indictment by imprisonment with or without hard labour for any term not exceeding five years who forges, counterfeits, or alters, or causes to be forged, counterfeited, or altered, any license, or any seal or signature to any license, or uses or tenders in evidence any such forged, counterfeited, or altered license or seal or signature, knowing the same to be forged, counterfeited, or altered.
209 Having or purchasing labels for bottling contrary to Act.
Ibid, sec. 174
Any person who has in his possession or under his control, or sells or purchases or contracts to sell or purchase, any labels, appropriate and intended for the purpose of labelling bottles containing liquor, such labels not having imprinted thereon in plain and legible characters the, words “Bottled in New Zealand,”
and the name of the bottler using the said labels, is liable to a fine of not less than twenty pounds nor more than one hundred pounds, and all such labels shall be forfeited.
210 Using bottles with labels more than once.
1881. No. 21, sec. 175
Any person who has in his possession or under his control any bottles with labels affixed thereon, and without destroying such labels makes use of such bottles for the purpose of bottling liquor for sale, is liable to a fine of not less than twenty pounds nor more than two hundred pounds for each offence; and any person who knowingly sells or purchases such liquor so bottled is liable to a like fine for each offence.
Part VI Prohibition Orders
211 Interpretation.
1904, No. 42, sec. 43(3)
For the purposes of this Part of this Act—
“Licensed premises” includes railway refreshment-rooms at which liquor may lawfully be sold; and
“Licensed person” includes the licensee of such refreshment-rooms.
212 Supply of liquor to drunkards prohibited.
1881, No. 21, sec. 167 1904, No. 42, sec. 43(4), (5)
(1.)
When it is made to appear in open Court that any person, by excessive drinking of liquor, misspends, wastes, or lessens his estate, or greatly injures his health or endangers or interrupts the peace and happiness of his family, the Justices presiding in such Court shall, by order in writing under the hands of any two such Justices (hereinafter referred to as a “prohibition order”
), forbid any licensed person to sell to the said drunkard 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 liquor to the said drunkard by any licensed person of any other city, town, or district to which the drunkard may resort or be likely to resort for the same.
(2.)
Any person who, on any of the grounds set forth in this section, desires that a prohibition order shall be made against himself may personally apply to a Magistrate for the issue of the same, who may make the order without dealing with the case in open Court.
(3.)
Where any person has been three times convicted of drunkenness within six months, the Magistrate may make a prohibition order against him without the necessity of formal application being made for the issue of the same.
Prohibition renewable. 1881, No. 21, sec. 168
(4.)
The Magistrate or any two Justices shall, in like manner, from year to year, renew any such prohibition order as to any person who has not, in their opinion, reformed within the year.
213 Fine for selling liquor to prohibited person.
Ibid, sec. 168 1904, No. 42, sec. 43(1)
Every licensed person is liable to a fine not exceeding ten pounds who during the currency of a prohibition order, and after service of a copy of the order upon him, or with a knowledge thereof in any other manner acquired, sells any liquor to the prohibited person:
Provided that in any proceedings under this section against a licensed person for selling liquor to a prohibited person it shall be a sufficient defence if the defendant satisfies the Court that he, or, as the case may be, his agent actually selling the liquor, had no reasonable opportunity of knowing and did not know that the person to whom the liquor was sold was a prohibited person.
214 Prohibited persons purchasing liquor.
1893, No. 34, sec. 13 1904, No. 42, sec. 43(2)
(1.)
No person against whom a prohibition order has been made shall, during the currency of such order, purchase or procure any liquor from any person whomsoever.
(2.)
Any person committing a breach of this section is liable on conviction to a fine not exceeding ten pounds, or in default thereof to be imprisoned with hard labour for a term not exceeding three months; and the fact of such person being found drinking liquor or having it in his possession shall be sufficient evidence of his having procured it in breach of this section.
215 Prohibited person not to enter licensed premises.
1895, No. 45, sec. 26
If any person against whom a prohibition order has been made enters or is found on any licensed premises at any time during the currency of such order, he is liable to a fine not exceeding five pounds, and any licensed person who knowingly permits any person against whom a prohibition order is in existence to be or to remain on his licensed premises is liable to a fine of not less than five pounds and not exceeding ten pounds.
216 Liability for accompanying him.
Ibid, sec. 27
(1.)
Every person who, knowing that any one is the subject of a prohibition order, accompanies him into any licensed premises, or in any way, directly or indirectly, procures liquor for him, or incites or assists him to procure or drink liquor, is liable to a fine not exceeding ten pounds.
(2.)
In any proceedings under this section the burden of proof shall be on the defendant to show that he did not know of the existence of such prohibition order.
217 Prohibition orders against male Maoris.
Ibid, sec. 25
(1.)
On application to the police officer of the district by any relative or friend of any male Maori who is found by such relative or friend drinking liquor to excess on any licensed premises, the police shall forthwith render such applicant every assistance in applying to the Magistrate exercising jurisdiction in the district for a prohibition order to be issued against such Maori; and such order shall remain in operation until otherwise ordered by the said Magistrate.
(2.)
The foregoing application may be made by any two persons being Justices or members of a local body or of any School Committee.
(3.)
Every person who knowingly sells, gives, or supplies liquor to such Maori during the currency of such order is liable to a fine not exceeding ten pounds.
Part VII Inspection of Licensed Premises
218 Governor to appoint Inspectors.
1881, No. 21, sec. 176
(1.)
The Governor may from time to time appoint a sufficientnumber 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.
Officers of police to be ex officio Inspectors.
(2.)
Every chief officer of police, 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.
219 Inspectors to be Inspectors of adultration.
Ibid, sec. 177
Every Inspector of licensed premises shall have all the powers, duties, and authorities which an Inspector of Nuisances or other officer has under the provisions of any Act in force relating to the prevention of adulteration.
220 Duties of Inspectors.
Ibid, sec. 178
It shall be the duty of the Inspectors to enforce and superintend the carrying-out of this Act in every respect.
221 Further duties as to infringement of trade-marks.
1881, No.21, sec. 179
It shall also be the duty of the Inspectors to prosecute any licensed person, or person licensed or registered under “The Distillation Act, 1908,”
guilty of any infringement of any Act in force relating to the registration of trade-marks.
222 Inspectors may enter premises and search for adulterated drink.
Ibid, sec. 180
(1.)
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, 1908.”
(2.)
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 on such 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 so desires, 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.
223 Obstructing Inspector.
Ibid, sec. 181
If any licensed or other person in charge of any premises refuses or fails to admit any Inspector demanding to enter in pursuance of the last preceding 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.
224 Inspectors receiving bribes, &c.
Ibid, sec. 182
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 receives 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.
225 Offering bribes, &c., to Inspectors
Ibid, sec. 183
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 be liable to a fine of not less than twenty pounds nor more than one hundred pounds.
Regulations as to Entry on Premises
226 Inspector or constable may enter on premises for enforcement of Act.
Ibid, sec. 184
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 a conditional or temporary license is in force.
227 Refusing entrance to Inspector or constable.
Ibid, sec. 185
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 Inspector or constable in the execution of his duty demanding to enter in pursuance of the last preceding section is liable to a fine not exceeding for the first offence five pounds, and not exceeding for the second and every subsequent offence ten pounds.
228 Search-warrant for detection of liquors sold or kept contrary to law.
1881, No. 21, sec. 186
Any Justice, 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 authorised to be sold, may, in his discretion, grant a warrant under his hand by virtue whereof it shall be lawful for any Inspector or 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.
229 Liquors to be forfeited.
Ibid, sec. 187
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 authorised to sell, the liquor so seized, and the vessels containing such liquor, shall be forfeited.
230 Persons found on premises where seizure made deemed illegally dealing in liquor.
Ibid, sec. 188
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 fine not exceeding two pounds.
231 Names of persons found on premises may be demanded.
Ibid, sec. 189
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 fails upon such demand to give his name or address, or to answer satisfactorily the questions put to him, apprehend him without warrant, and carry him as soon as practicable before a Justice.
232 Refusal, or giving false name.
Ibid, sec. 190
Every person required by an Inspector or constable under the last preceding 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, is liable to a fine not exceeding five pounds.
Adulteration
233 Penalty for selling adulterated liquor.
Ibid, sec. 191 1904, No. 42, sec. 47
(1.)
Every person who sells or offers 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 sells as unadulterated any liquor which is adulterated, is liable to a fine not exceeding twenty pounds.
(2.)
For the purposes of this section the Governor may from time to time declare any ingredient or material to be injurious to health, and in such case any liquor with which such ingredient or material is mixed shall be deemed to be adulterated.
(3.)
The provisions of the three next succeeding sections shall apply in respect of every offence against this section.
234 Conviction under any Act for adulteration may be recorded on license.
1881, No. 21, sec. 192 1904. No. 42, sec. 33
(1.)
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.
License may be forfeited and premises disqualified.
(2.)
Such licensed person shall further, in the case of a second or any subsequent conviction, 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.
235 Placard to be posted on premises where adulterated liquor is sold.
1881, No. 21, sec. 193 1895, No. 45, sec. 34
(1.)
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.
(2.)
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 Magistrate thinks fit, and such licensed person shall keep the same affixed during two weeks after the same is first affixed.
(3.)
If such licensed person 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 he fails forthwith to renew the same, he shall be liable to a fine not exceeding two pounds 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 the convicting Magistrate.
236 Offender’s name to be published on second offence.
1881, No. 21, sec. 194
In every case of a second and any subsequent conviction for adulteration of drink, the convicting Magistrate 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 the said Magistrate thinks desirable.
Special Inspectors
237 Inspectors other than officers of police to be appointed.
1895, No. 45, sec. 36
The Governor may from time to time appoint a sufficient number of special Inspectors, not being officers of police, for the purpose of preventing and detecting violations of this Act and the sale of adulterated liquor; and all powers conferred by this Act upon officers of police shall be exercised by such Inspectors: but nothing herein, and no appointment made under the provisions hereof, shall annul or diminish the duty or responsibility imposed upon officers of police by this Act.
238 Powers of special Inspectors.
1896, No. 55, sec. 2
In addition to the powers by the last preceding section conferred upon special Inspectors appointed thereunder, every such special Inspector shall, for the purposes of that section, be deemed to be an officer and also an Analyst under “The Sale of Food and Drugs Act, 1908,”
and shall possess and combine in his own person all the powers and functions by that Act conferred upon either an officer or an Analyst thereunder; and accordingly, wherever in that Act an officer is directed to do one thing and an Analyst another, the special Inspector may himself do both.
239 Regulations.
Ibid, sec. 3
The Governor may from time to time, by Order in Council gazetted, make such regulations as he thinks fit in order to define the powers and functions of special Inspectors, and to give full effect to the purposes of this Act relating to such Inspectors.
Part VIII Legal Procedure
240 General penalty.
1895, No. 45, sec. 34(3)
Every person who commits a breach of any of the provisions of this Act for which no specific penalty is thereby provided is liable to a fine not exceeding five pounds.
241 Summary proceedings for offences under Act.
1881, No. 21, sec. 195 1895, No. 45, sec. 34 1904, No. 42, sec. 48
(1.)
Save and except for offences against section two hundred and eight hereof, every offence under this Act shall be prosecuted, and every fine, penalty, and forfeiture shall be recovered and enforced, and every order of a Magistrate, Justices, or Justice under this Act shall be enforced, in manner provided as to procedure in summary jurisdiction by “The Justices of the Peace Act, 1908”
:
Provided that all summary prosecutions for breach of any of the provisions of this Act shall be heard and determined by a Magistrate alone:
Provided also that all such prosecutions shall be commenced within three months after the date of the breach, and not later.
(2.)
In any such prosecutions any Justice or Justices may sit in a Court with a Magistrate, but cannot act with the Magistrate or exercise any jurisdiction whatever at such sitting.
242 Costs and expenses recoverable summarily.
1881, No. 21, sec. 196
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.
243 Description of offence in words of Act sufficient.
Ibid, sec. 198 Excuse, exception &c.
(1.)
The description of any offence against this Act in the words of such Act, or in similar words, shall be sufficient in law.
(2.)
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.
Court may order imprisonment with hard labour. Ibid, sec. 197
(3.)
The Court committing any person to prison for non-payment of a fine or penalty under this Act may order him to be imprisoned with hard labour.
244 No certiorari.
Ibid, sec. 199
(1.)
No conviction or order made in pursuance of this Act relative to any offence, fine, penalty, or forfeiture, nor any summary order or prohibition 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.
Conviction not to be quashed for want of form.
(2.)
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.
245 Minimum fine.
Ibid, sec. 200 1895, No. 45, sec. 34
Where any licensed person is convicted of any offence against this Act, the Magistrate shall not, except in the case of a first offence, reduce the fine to less than one pound, nor shall the fine be reduced in any case to less than the minimum authorised by any other Act.
Record of Convictions
246 Mode of recording convictions on license.
1881, No. 21, secs. 201. 203 1904, No. 42, sec. 33
In the case of offences against sections one hundred and sixty-three and one hundred and eighty-two (being the offences in respect of which 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 apply:—
(a.)
The Court before whom the 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.
(b.)
If such person is convicted, the Court shall indorse on the license a record of the conviction:
Provided that if such person is convicted of more offences than one committed on the same day the Court may, in its discretion, order that a record of one or of some only of such convictions shall be indorsed on the license.
(c.)
The indorsement shall be effected by causing the short particulars of such conviction, and the penalty imposed, to be indorsed on his license before it is returned to the offender.
(d.)
If the Clerk of the Court is not the Clerk of the Licensing Committee, he shall, in every case where the license is indorsed, send forthwith to the last-mentioned Clerk notice of such conviction and of the particulars thereof.
247 Record of convictions on license at discretion of Court.
1881, No. 21, sec. 202
Where any licensed person is convicted of any offence against this Act in respect of which a conviction is not required by this Act to be indorsed on the license of the offender, the Court 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 decides that such record is to be indorsed, the same shall be indorsed accordingly, for which purpose the license shall be produced to the Court by the offender, and the provisions of paragraphs (c) and (d) of the last preceding section hereof shall apply.
248 Recording convictions.
1904, No. 42, sec. 35
(1.)
Where a record of any conviction is indorsed on a license, a corresponding record against the offender shall be made in Part I of the Register of Licenses by the Clerk of the Licensing Committee; and where at any time after the eighth day of November, one thousand nine hundred and four (being the date of the coming into operation of “The Licensing Acts Amendment Act, 1904”
), a record of three convictions within three years is made in the register against the same person, such person’s license shall be cancelled, and he shall be permanently disqualified from holding a license.
(2.)
Where such record or indorsement is in respect of any offence mentioned in sections one hundred and eighty-one, one hundred and eighty-two, one hundred and eighty-four, one hundred and eighty-five, two hundred and two, or two hundred and thirty-four hereof a corresponding record against the premises in which the offence was committed shall also be made in Part II of the register; and where a record of three convictions within three years is made in the register against the same premises (whether the conviction was of the same person or not), the license in respect of such premises shall (unless the Committee, on the application of the owner, otherwise determines) be forfeited, and no license shall thereafter be granted in respect thereof for a period of two years from the date of the third of such indorsements:
Provided that where, pursuant to a licensing poll taken during the two years aforesaid, continuance is declared to be carried, then, for the purpose of computing the total number of licenses that are to continue, the forfeited license shall be included.
249 When indorsement of licenses to lapse.
1904, No. 42, sec. 33
Except as regards offences against sections one hundred and sixty-three and one hundred and eighty-two hereof, the following provisions shall apply with respect to the recording or indorsing of convictions on licenses:—
(a.)
Every record or indorsement made before the said eighth day of November, one thousand nine hundred and four, on any license shall be deemed to have lapsed and to be cancelled if, at the expiration of twelve months from the date of the conviction so recorded or indorsed, another conviction has not been recorded or indorsed on the license.
(b.)
Every record or indorsement made on or after the said eighth day of November, one thousand nine hundred and four, on any license shall lapse and be deemed cancelled if, at the expiration of two years from the date of the conviction so recorded or indorsed, another conviction has not been recorded or indorsed on the license.
(c.)
In a district where, as the result of a licensing poll, the number of licenses is to be reduced, every record or indorsement that has lapsed or is deemed cancelled as aforesaid shall, for the purposes of such reduction, be deemed never to have been made.
250 Notice to owner or lessor of record.
1895, No. 45, sec. 22(6)
Notice of the record of any conviction indorsed on a license shall be sent to the owner or lessor of the premises by the Clerk of the Licensing Committee.
251 License to be retained on forfeiture.
1881, No. 21, sec. 201(5)
Where the conviction of any 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 authorised to issue licenses in the district, and, if the Clerk of the Court is not the Clerk of the Licensing Committee, to the last-mentioned Clerk, together with the forfeited license.
Repeated Convictions
252 Conviction after five years not receivable in evidence.
Ibid. sec. 204
A conviction for any offence against the Licensing Acts 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.
253 Forfeiture of license for two convictions in six months.
1881, No. 21, sec. 205
If any licensed person is convicted of any offence against this Act, and any previous conviction for any offence against the Licensing Acts is proved to have been made against him within six calendar months next preceding, he shall be liable to forfeit his license.
254 Protection of owners in ease of offences by tenants
Ibid, sec. 208 1895, No. 45, sec. 34
(1.)
Where any tenant of any licensed premises is convicted of an offence against this Act, and such 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 Court making the conviction to serve notice of every such conviction on the owner of the premises.
Ibid, sec. 22(8)
(2.)
In any such case, provided no appeal from such conviction is duly prosecuted and allowed, and notwithstanding any covenant in any lease or other instrument, the tenant shall be deemed to have forfeited his lease by being convicted as aforesaid; and the owner of the premises, or the immediate landlord, by himself, or his agent or bailiff duly authorised in writing in that behalf, may forthwith under the authority of this Act enter upon and take possession of the premises and evict the said tenant from the premises.
255 Transfer where lease determined on account of indorsement of license.
1904, No. 42, sec. 36
Where two or more records of convictions under the Licensing Acts have been made in Part II of the Register of Licenses against any licensed premises, and another such record would disqualify the premises under section two hundred and forty-eight hereof from receiving a license, the licensee, if a tenant, shall be deemed to have forfeited his lease, and the Licensing Committee may by order, on the application of the immediate landlord, cancel the license, and authorise any personnominated by such landlord and approved by the Committee to carry on the business of such premises until the end of the period for which the license was granted in the same manner as if the license had been formally transferred to such person.
256 Notice of disqualification of premises to be given to owners.
1881, No. 21, sec. 209 1895, No. 45, sec. 34
Where any order has been made declaring any licensed premises to be disqualified from receiving a license for any period, the Magistrate 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 the Court 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:—
(a.)
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 for some period from receiving a license;
(b.)
That the tenant by whom the offence was committed held under a contract made prior to the coming into operation of “The Licensing Act, 1881,”
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 for any period from receiving a license; or
(c.)
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 he 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 subsequent offence.
257 Where omission is made in recording a conviction on license.
1881, No. 21, sec. 210
(1.)
Where a record of a conviction of an offence is by this Act or the convicting Court directed to be indorsed on the license of any person, the fact of no such record having been made shall not, if such conviction is otherwise proved to the satisfaction of the Court having cognisance 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.
(2.)
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.
258 Defacing indorsements on license.
Ibid, sec. 211
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 fine not exceeding five pounds.
Part IX Clubs
259 Special provisions relating to clubs.
Ibid, sec. 229 1893, No. 34, sec. 27
In this Part of this Act—
“Chartered club” means a club to which a charter has been granted under any former Licensing Act or is hereafter granted under this Act:
“Club” means a voluntary association of persons combined for promoting the common object of private social intercourse, convenience, and comfort, and providing its own liquors, and not for purposes of gain.
260 Provisional charter.
1881, No. 21, sec. 229(d) 1893, No. 34, sec. 27(2)
(1.)
When not less than fifty persons of a district propose to establish a club in such district, they shall forward to the Minister of Internal Affairs an application for a provisional charter, and a copy of the rules proposed to be adopted, and in such application shall state the objects and locality of the proposed club.
(2.)
If the said Minister is satisfied that such application is bona fide and in accordance with this Act, he may, if he thinks fit, issue to such club a provisional charter, which shall be in force for one year.
Permanent charter.
(3.)
Before the expiration of such year the secretary of such club shall forward to the said Minister a copy of its rules, a list of its officers and members, and a copy of the last balance-sheet duly certified under the hand of the secretary, and make application for a permanent charter, and thereupon the said Minister, if satisfied as aforesaid, may, if he thinks fit, issue to such club a permanent charter.
(4.)
Every charter issued to a club shall, subject to the provisions of this Act, be deemed to authorise the existence of the club so long as the charter is in force.
1895, No. 45, sec. 14(1)
(5.)
No charter shall be issued to a club in premises in respect of which a club charter has been revoked, or a publican’s license has been taken away or forfeited, under the Licensing Acts.
261 Conditions subject to which charter issued.
1881, No. 21, sec. 229(c) 1893, No. 34, sec. 27, 2) 1904, No. 42, sec. 50(2)
Every charter issued to a club shall be deemed to be granted subject to the following conditions:—
(a.)
An annual fee of five pounds shall be paid in respect of the charter by the committee of the club to the treasurer of the local authority in whose district the club is situate.
(b.)
The club shall not consist of less than fifty members.
(c.)
Every ordinary member shall pay an annual subscription.
(d.)
After the first constitution of the club new ordinary members shall be elected by existing ordinary members, according to rules prescribed for the purpose.
(e.)
The club shall be under the management of a committee elected for the purpose by the members of the club.
(f.)
There shall at all times be a secretary of the club, whose name shall from time to time be notified by the committee of the club to the Minister of Internal Affairs.
(g.)
No person shall have any share or interest in the real or personal property of the club (save as mortgagee), except as a trustee or member.
(h.)
No person shall directly or indirectly be entitled to or have or receive any profit on the sale of liquors by the club to its members or guests, but all such profit shall belong to the club.
262 Inspection.
Certain provisions of Act applied to clubs. 1893, No. 34, sec. 27(1) 1904, No. 42, sec. 50(1)
(1.)
Every chartered club shall be subject to inspection by any person appointed in that behalf from time to time in writing by the Minister of Internal Affairs; and every such person shall have all the powers of an Inspector of licensed premises under this Act, and shall report from time to time to the said Minister.
(2.)
Every secretary or other officer of a chartered club who refuses or fails to admit without unnecessary delay any Inspector so appointed in the execution of his duty demanding to enter is liable to a fine not exceeding for the first offence five pounds, and not exceeding for the second and every subsequent offence ten pounds.
(3.)
Every chartered club shall (so far as the sale of liquor is concerned) be closed during the same hours and shall be subject to the provisions of paragraph (c) of section one hundred and nine, and of sections one hundred and eighty-three to one hundred and eighty-five hereof, and to all provisions hereof relating to the several matters in this section hereinbefore mentioned, in the same manner as if such club were a licensed house, and as if the aforesaid charter were a publican’s license and the secretary of the club the licensee.
(4.)
No proceedings shall be taken against any chartered club for breaches of any of the aforesaid provisions except by direction of the said Minister, and if a conviction is recorded the Clerk of the convicting Court shall transmit to the said Minister a copy of such conviction; and thereupon it shall be lawful for the said Minister, if he thinks fit, to revoke the charter of such club, after giving one month’s notice in writing to the secretary of the club of his intention so to do.
(5.)
For the purposes of such proceedings the secretary or other officer of the club shall be deemed to be the holder of a publican’s license.
263 Right to sell liquor suspended in no-license district.
1904, No. 42, sec. 50(3)
Where any chartered club is situate in a licensing district in which for the time being no licenses exist as the result of a licensing poll taken under the Licensing Acts, the charter of the club, in so far as it confers the right to sell liquor, shall be suspended for so long as the result of such poll continues.
264 When liquor deemed sold to members.
Ibid, sec. 50(4)
For all the purposes of this Act liquor disposed of by a chartered club to its members shall be deemed to be sold to them.
265 Annual certificate to be sent to Minister of Internal Affairs.
1881, No. 21, sec. 229(f) 1893, No. 34, sec. 27(4)
The committee of every chartered club shall send to the Minister of Internal Affairs, during the month of June in each year, a certificate that the said club continues to fulfil all the conditions on which its charter was granted, and a statement from the local authority in whose district the club is situate that the fee of five pounds has been paid.
266 When Minister may revoke charter.
1881, No. 21, sec. 229(e) 1904. No. 42, sec. 50(5)
The Minister of Internal Affairs may at any time revoke the charter of any chartered club on being satisfied that—
(a.)
Default is made in compliance with paragraph (f) of section two hundred and sixty-one hereof (relating to the secretary of the club); or
(b.)
Liquor is sold in the club when the charter is suspended as aforesaid or during prohibited hours; or
(c.)
Gambling or the playing of any unlawful game is permitted; or
(d.)
Any breach is permitted of the rules or conditions upon which the charter was granted; or
(e.)
The club does not comply with or conform to the conditions upon which the charter was granted.
267 Sale of liquor by unchartered clubs, &c.
Ibid, sec. 51
Whereas certain practices exist by which associations or clubs, not being chartered clubs, supply liquor to their members or enable the members to procure liquor on the premises of the association or club under circumstances which may not constitute a sale in law, but which show that the liquor so supplied or procured is directly or indirectly paid for by subscription, levies, voluntary contributions, or other payments of money from the members generally or the individual members to whom the liquor is supplied or who obtain it; and whereas all such practices are illegal evasions of the law relating to illicit sales of liquor: Be it therefore enacted that in every case where, on any premises used by or for the purposes of any association or club as aforesaid (howsoever formed or named), liquor is supplied to or procured by a member or any other person under any such circumstances as aforesaid, such member or other person, and also every officer or other person managing or concerned in the management of the association or club, shall be severally liable to a fine of five pounds:
Provided that the conviction of any person under this section shall not relieve him from liability to punishment for any offence against any other provision of this Act.
268 Exemption in regard to certain associations, &c.
Ibid, sec. 52
Nothing in the last preceding section shall apply to cases where, at the meetings of any association, society, or club bona fide formed for and engaged in legitimately carrying out literary or musical entertainments, or friendly society, charitable, or masonic purposes, or outdoor games and exercises, or where, at the shows of agricultural and pastoral associations, the refreshments supplied to members and their guests at the expense of the association, society, or club include liquor.
Part X Special Provisions as to Maoris
269 Liquor not to be supplied to Maoris within district.
1881, No. 21. secs. 23, 24
Every person (whether a licensed person or not) who sells, supplies, or gives any liquor to any Maori within any Native licensing district is liable to a fine not exceeding twenty pounds, over and above any penalty which may be incurred for the sale of any such liquor without a license:
Provided always that no fine shall be recoverable under this section for supplying liquor to any Maori in case it is satisfactorily proved that the liquor so supplied was administered medicinally
270 Supplying liquor to Maoris for consumption off the premises.
1904, No. 42, sec. 46
Every person (whether a licensed person or not) is liable to a fine not exceeding fifty pounds who supplies liquor to any Maori for consumption off the premises within such parts of New Zealand as are defined by the Governor in Council and gazetted:
Provided that this section shall not apply to any Maori who is married to a European, nor shall it apply to half-castes living as Europeans.
271 Supplying liquor to intoxicated Maori or female Maori.
1895, No. 45, sec. 24
Every person (whether a licensed person or not) is liable to a fine of not less than two nor more than ten pounds who sells any liquor to any male Maori who is in a state of intoxication, or sells or in any way gives or supplies, or allows to be sold, given, or supplied, any liquor to any female Maori whomsoever.
Provided that this section shall not apply to any female Maori being the wife of a European.
Proclaimed Areas
272 Governor, on application of owners, may prohibit licenses on certain areas of Native land.
1881, No. 21, sec. 25
The Governor, on the application of the owners of any 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 area, and it shall not be lawful for the Licensing Committee to issue any license to take effect within any area so proclaimed.
273 No-license in Native proclaimed areas.
1904, No. 42, sec. 18
With respect to every area proclaimed by the Governor under the last preceding section or the corresponding provisions of any former Licensing Act, the following provisions shall apply so long as such Proclamation is in force:—
(a.)
It shall not be lawful for any person whomsoever—
(i.)
To solicit or receive therein any order for any liquor: or
(ii.)
To sell, or expose or keep for sale, therein any liquor: or
(iii.)
To send (either from without or within any such area) or deliver to any person residing therein, or at any place situate therein, any liquor which the person sending or delivering the same has reasonable ground to suspect is intended to be sold, or exposed or kept for sale, therein: or
(iv.)
To send or deliver to any person residing therein, or to any place situate therein, any package containing liquor, unless such package bears distinctly written or printed on the outside thereof a statement that it contains liquor; and any constable, officer of Customs, or Inspector appointed under this Act may detain and in the presence of at least two witnesses examine the contents of any package in respect whereof a violation of this provision is reasonably suspected by him.
(b.)
In any prosecution for the sale of liquor in breach of this section it shall not be necessary, in proving the sale, to show that any money or money’s worth passed, or that any other consideration for the sale existed, if the Court is satisfied that a transaction in the nature of a sale actually took place.
(c.)
In any prosecution for exposing or keeping liquor for sale in breach of this section it shall lie on the accused to show that the liquor proved to be exposed or kept was not so exposed or kept for sale.
(d.)
In any prosecution for sending or delivering liquor in breach of this section it shall lie on the accused to show that he had no reasonable ground to suspect that such liquor was intended to be sold, or exposed or kept for sale, within any such area.
(e.)
It shall not be lawful for any person within any such area to supply any liquor to any male Maori who is under the influence of liquor, or to sell, or in any way give or supply, or allow to be sold, given, or supplied, any liquor to any female Maori, except on the written certificate of a duly qualified medical practitioner that the same is required medicinally.
(f.)
Every person who commits a breach of any of the provisions of this section is liable for a first offence to a fine not exceeding fifty pounds, and for a second offence to imprisonment for any term not exceeding three months, and for any subsequent offence to imprisonment for any term not exceeding twelve months.
Part XI The Cook Islands
274 Sale of liquor in Cook Islands by private enterprise forbidden.
1904, No. 42, sec. 19
(1.)
Notwithstanding any law or Ordinance to the contrary, the exportation of liquor from New Zealand proper to the Islands in the Pacific within the boundaries of New Zealand, as defined by “The Cook Islands Government Act, 1908”
(hereinafter referred to as “the said Islands”
), and the importation of liquor into the said Islands, shall be unlawful so far as private enterprise is concerned and except as hereinafter provided.
(2.)
It shall not be lawful for any person whomsoever—
(a.)
To solicit or receive any order for any liquor within the said Islands; nor
(b.)
To sell, or expose or keep for sale, any liquor therein; nor
(c.)
To send (either from without or within the said Islands) or deliver to any person residing therein, or at any place situate therein, any liquor which the person sending or delivering the same has reasonable ground to suspect is intended to be sold, or exposed or kept for sale, therein; nor
(d.)
To send or deliver to any person residing therein, or to any place situate therein, any package containing liquor, unless such package bears distinctly written or printed on the outside thereof a statement that it contains liquor.
(3.)
Any constable, Customs officer, or any person appointed for the purpose by the Government, may detain and in the presence of at least two witnesses examine the contents of any package in respect whereof a violation of this provision is reasonably suspected by him.
(4.)
Every person who commits a breach of any of the provisions of this section is liable for a first offence to a fine not exceeding fifty pounds, and for a second offence to imprisonment for any term not exceeding three months, and for any subsequent offence to imprisonment for any term not exceeding twelve months.
(5.)
In any prosecution for sending or delivering liquor in breach of this section it shall lie on the accused to show that he had no reasonable ground to suspect that such liquor was intended to be sold, or exposed or kept for sale, within any of the said Islands.
275 Collectors of Customs to take possession of all liquor in the Islands on certain date.
1904, No. 42, sec. 20
With respect to liquor which was lawfully in the said Islands on the eighth day of November, one thousand nine hundred and four, the date of the coming into operation of “The Licensing Acts Amendment Act, 1904,”
the Collectors of Customs in the said Islands may take possession of all such liquor and may pay such compensation to the owners thereof as may be arranged between the said owners on the one part and the Collectors of Customs on the other part:
Provided that the owner of any of the aforesaid liquors may re-export the same if he objects to the compensation offered:
Provided also that a Collector of Customs may refuse to take over any liquor which in his opinion is unsaleable or of inferior quality.
276 Importation and manufacture of liquor in the Islands forbidden.
Ibid, sec. 21
(1.)
It shall be unlawful for any person, except through the Resident Commissioner of the Cook Islands or the Resident Commissioner or Collectors of Customs at Niue and other Islands, to import any liquor into the said Islands, or to manufacture therein any liquor for sale or consumption therein; and in any prosecution for a breach of this section it shall lie on the accused to prove that any such liquor was not imported into or was not manufactured in the said Islands for sale or consumption, as the case may be, in breach of this section.
(2.)
All liquor imported into the said Islands in breach of this section shall be stored at the expense of the importers, who shall forthwith cause the same to be landed and placed in the King’s Bond, and such importers shall forthwith cause such of the liquor as is not retained by the Collector of Customs to be exported from the said Islands.
(3.)
No liquor shall be landed in the said Islands unless consigned to the Collector of Customs or other Government officer duly authorised in that behalf to receive the same, and if any such liquor is so landed it shall be forfeited to His Majesty.
(4.)
Every person who commits an offence against any of the provisions of this section is liable for a first offence to a fine not exceeding one hundred pounds, or to imprisonment with or without hard labour for any term not exceeding three months; and for the second or any subsequent offence to imprisonment with or without hard labour for any term not less than three months and not exceeding six months.
227 Liquor to be sold by officers of Customs.
1904, No. 42. sec. 22
(1.)
Liquor shall be sold and supplied in the said Islands for use in the arts or manufactures, or for medicinal, religious, or scientific purposes, but not for any other use or purpose, by such officers of His Majesty’s Customs as may be specially appointed by the Governor for that purpose.
(2.)
Such liquor shall be sold only in bottles or other receptacles duly closed and sealed in such manner that the liquor cannot be extracted therefrom without breaking such seal, and every such bottle or receptacle shall have thereon a label setting forth the kind, quantity, quality, and price of the liquor contained therein:
Provided that, in the case of colonial wines or claret, the Collector of Customs may sell not less than one or more than six bottles to any person at any one time.
(3.)
All such sales shall be recorded.
(4.)
Except as hereinafter provided, no claret or colonial wines shall be sold to any Native inhabitant of the said Islands.
278 Conditions of sale of liquor to Natives.
Ibid, sec. 23
(1.)
No liquors shall be sold to any Native inhabitant of the said Islands except on the written authority of the Resident Commissioner, Resident Medical Officer, Collector of Customs, or other officer specially appointed for the purpose.
(2.)
For the purposes of this Act all Polynesians resident in the said Islands shall be deemed to be Native inhabitants of the said Islands.
279 Penalty for manufacturing liquor.
Ibid, sec. 24
(1.)
Every person who manufactures the liquors known either as bush-beer or orange-beer, or in any way aids or abets the manufacture or drinking of the same, is liable to a fine not exceeding five pounds.
(2.)
Every person who distils or manufactures any intoxicating liquor other than bush-beer and orange-beer, or who aids or abets the distillation or manufacture thereof, is liable to a fine not exceeding one hundred pounds and not less than five pounds.
(3.)
For the purposes of this section “yangona”
and “kava”
shall not be deemed to be intoxicating liquors.
280 General penalty.
Ibid. sec. 25
Every person who evades or attempts to evade any of the provisions of this Act relating to the said Islands, or any regulations made thereunder, for which no penalty is specially provided therein, is liable for each such offence to a fine not exceeding twenty pounds, or in default to imprisonment with or without hard labour for any term not exceeding six months.
281 Tribunal for bearing proceedings for offences.
Ibid, sec. 26
All offences against any provision of this Act relating to the said Islands committed at or within the said Islands shall be heard in the High Court of the Cook Islands, or other properly constituted legal tribunals within the said Islands; and all offences committed by persons living without the said Islands shall be determined by any Court of competent jurisdiction.
282 Prohibition orders.
Ibid, sec. 27
The High Court of the Cook Islands and the Federal or Island Councils (including the Niue Island Council) may respectively issue prohibition orders against any person on good cause being shown; and the provisions of this Act relating to prohibition orders and to prohibited persons shall, mutatis mutandis, extend and apply to prohibition orders and prohibited persons under this section.
283 Regulations.
Ibid, sec. 28
(1.)
The Governor may from time to time make regulations and do all things necessary to secure the proper administration of this Part of this Act.
(2.)
All such regulations shall be gazetted in the New Zealand Gazelle, and those referring to the Cook Islands shall be published in the Cook Islands Gazette; and all such regulations shall have the force of law, and any breach thereof shall be punishable under this Act.
Part XII General Provisions
Closing Premises in Case of Riot
284 Justices may order premises to be closed in case of riot.
1881, No. 21, sec. 212
Any two Justices, 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.
285 Force may be used if necessary.
Ibid, sec. 213
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 fine 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 unauthorised hours.
Within Disturbed Districts
286 Districts may be proclaimed.
Ibid, sec. 214
Whenever the Defence Forces are employed for the purpose of suppressing rebellion or other disturbances in any part of New Zealand, and are 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 New Zealand as is defined in the Proclamation shall be a proclaimed district within the meaning and for the purposes of this Act.
287 Liquors not to be sold therein without permission.
Ibid, sec. 215
Thereupon it shall not be lawful for any person whomsoever to sell or supply any liquor of any kind within such district without the permission of such person as the Governor from time to time appoints to grant permits for the sale of such liquor within such district.
288 Selling without permit.
Ibid, sec. 216
If any person not being the holder of a permit so granted as aforesaid keeps his house open, or sells or supplies 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 a fine of not less than twenty nor more than one hundred pounds.
289 Conditions may be attached to permit.
Ibid, sec. 217
It shall be lawful for any such person as is authorised by the Governor to grant permits for the sale of liquor within any such district to grant the same upon such conditions as he thinks fit, and at any time to revoke and cancel such permits.
290 Forfeiture of liquors sold without permit.
Ibid, sec. 218
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 thinks fit, to declare any portion of New Zealand within which he is 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 His Majesty; and any such officer may at any time revoke any such notice so made by him.
Miscellaneous
291 Power to close premises for specified period.
1904, No. 42, sec. 53
The Licensing Committee may, on the application of the licensee, from time to time, by certificate, authorise him to wholly or partially close his licensed premises, or suspend his business as licensee, during any specified period of the year.
292 Committee may waive certain omissions.
1895, No. 45, sec. 28
Where any person has neglected or omitted to do any act or thing in the precise manner or within the precise time prescribed by this Act, the Committee, or the Chairman and any two members thereof, if satisfied that such neglect or omission was not wilful, may, by certificate under the hand of the Chairman, waive the same upon such terms as they deem equitable.
293 Neglect of tenant to apply for license.
Ibid, sec. 29
In any case where a tenant of any premises wrongfully neglects or refuses to make due application for the grant or renewal of a license, or to do whatever is necessary for the purpose of procuring such grant or renewal, and by reason of such neglect or refusal serious loss may be caused, the owner or immediate landlord of the premises may himself make such application or do whatever is necessary as aforesaid, either in his own name or the name of his nominee, or in the name of the defaulting tenant, as such owner or landlord thinks fit, and may recover from the defaulting tenant all the costs and expenses thereby incurred.
294 Determination of lease by lessee.
Ibid, sec. 30
(1.)
In the event of the licensed premises which a lessee is bound under his lease to keep as licensed premises being closed as the result of a poll of the electors of the district, or being closed by a Licensing Committee for a cause not arising from an act or default of the lessee, then the lessee, if he desires to terminate the lease, may, within fourteen days after such closing, give written notice to the lessor, and on the expiration of fourteen days from the giving of such notice such lease shall be deemed to be determined as by effluxion of time.
If licensed premises closed rent may be fixed by arbitration. 1893, No. 34, sec. 25
(2.)
If the lessee does not desire to terminate the lease he may, within fourteen days after such closing, give notice in writing to the lessor that he (the lessee) desires to have the rent in respect of the premises fixed by arbitration.
(3.)
On receipt of such last-mentioned notice the rent shall within one month thereafter be fixed under “The Arbitration Act, 1908,”
by two arbitrators or their umpire, in manner thereby provided, and each party shall take all necessary steps under that Act for the purpose aforesaid; and such rent so fixed shall, from the date of closing the licensed premises, be the rent thenceforth payable under the said lease in lieu of the rent thereby reserved.
(4.)
If any doubt or difficulty arises in or about the matters hereinbefore referred to, the same may be decided by a Judge of the Supreme Court on a summary application made by either party, and such Judge may also decide that any informality or irregularity prior to the fixing of such rent shall not affect the award.
295 If licensed premises closed lessor may determine lease.
Ibid, sec. 24
Where, as a result of a poll of the electors of a district for a reduction in the number of licenses in the district, any licensed premises are closed by reason of the license of the licensee of the said premises having been indorsed for breaches of the law, the lessor of such premises may, within fourteen days after such closing, give written notice to the lessee of his desire to terminate the lease, and the same shall, on the expiration of fourteen days from the giving of such notice, be deemed to be determined as by effluxion of time.
296 Interpretation of terms.
1893, No. 34, sec. 26
The word “lessee”
in the two last preceding sections shall include an assignee of a lease and a sublessee, and the word “lessor”
shall include the person for the time being entitled to the rents of the demised premises.
297 Service of notices.
1881, No. 21, sec 219
(1.)
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.
(2.)
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.
298 Protection of officers in execution of Act.
Ibid, sec. 220
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.
299 Insulting officers, or interrupting proceedings.
Ibid, sec. 221
Every person who wilfully insults any member of the Licensing Committee, or its Clerk, while sitting or acting in any proceedings under this Act, or wilfully interrupts the said proceedings, is liable to a fine 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 is sooner paid.
300 Perjury.
Ibid, sec. 222
Every person is guilty of perjury who wilfully and corruptly gives any false evidence in any proceedings or upon any examination before the Licensing Committee.
301 Enforcement of orders of Licensing Committee.
Ibid, sec. 223
Every order made by any Licensing Committee shall and may be enforced in the same manner as any order or judgment of a Magistrate may be enforced, according to the law for the time being in force for regulating summary proceedings before Justices.
302 Governor may rectify irregularities.
Ibid, sec. 227
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.
303 Forms of notices, &c., may be altered.
1881, No. 21, sec. 225
All forms of notices, certificates, and other documents authorised 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.
304 Regulations.
Ibid, sec. 226 1904. No. 42, sec. 55
The Governor may from time to time, by Order in Council gazetted, make regulations—
(a.)
For the guidance of Returning Officers, Deputy Returning Officers, poll clerks, and scrutineers, respecting the conduct of licensing polls; and a copy of all such regulations in force shall be supplied free of charge to all such persons engaged at any such poll:
(b.)
Prescribing forms and whatever else he thinks necessary in order to give effect to this Act.
305 Saving of other proceedings in respect of offences.
1881, No. 21. sec. 228
Nothing in this Act shall prevent any person from being liable to be indicted or punished under any other Act or otherwise:
Provided that no person shall be punished twice for the same offence.
SCHEDULES
FIRST SCHEDULE Enactments consolidated
1881, No. 21.—“The Licensing Act, 1881.”
1882, No. 63.—“The Licensing Act Amendment Act, 1882.”
1889, No. 21.—“The Triennial Licensing Committees Act, 1889.”
1889, No. 22.—“The Licensing Act 1881 Amendment Act, 1889.”
1893, No. 34.—“The Alcoholic Liquors Sale Control Act, 1893.”
1895, No. 45.—“The Alcoholic Liquors Sale Control Act Amendment Act, 1895”
. Except section 13.
1896, No. 55.—“The Alcoholic Liquors Inspection Act, 1896.”
1899, No. 8.—“The Licensing Poll Regulation Act, 1899.”
1902, No. 41.—“The Licensing Committees and Polls Act, 1902.”
1903, No. 55.—“The City Single Electorates Act, 1903.”
1904, No. 42.—“The Licensing Acts Amendment Act, 1904”
: Except section 54
1907, No. 59.—“The Packet Licenses Act, 1907.”
SECOND SCHEDULE Voting-paper
Section 13 1895, No. 45, First Schedule.
Under “The Licensing Act, 1908.”
I vote that the number of licenses existing in the district continue.
I vote that the number of licenses existing in the district be reduced.
I vote that no licenses be granted in the district.
General Directions
The voter may strike out all the proposals except one, or all except two, but no more.
The voter must strike out all the proposals which he does not wish to be carried.
If the voter strikes out all or fails to strike out at least one of the proposals, the voting-paper will be void.
The voting paper so marked is to be dropped by the voter into the separate ballot-box prepared for it, and not into the same box as that in which he drops his electoral ballot-paper.
The voter is not allowed to take his voting-paper out of the polling-booth.
THIRD SCHEDULE
Section 17. 1899, No. 8. Schedule.
(1.) Nomination of Scrutineers
Under “The Licensing Act, 1908.”
For the purposes of the licensing poll to be taken in the District of on the day of ,19 , we, the undersigned electors of the district, hereby nominate [Full names, addresses, and occupations of the two persons nominated] as fit persons to appoint one scrutineer to act at each ballot-box in the interest of all electors who are in favour [or, as the case may be, not in favour] of the proposal that no licenses be granted in the district. And in support of this our nomination we hereby severally, each for himself or herself, solemnly and sincerely declare that we are, and we verily believe each of the persons nominated as aforesaid to be, honestly in favour [or, as the case may be, not in favour] of the proposal that no licenses be granted in the district; and we severally make this solemn declaration conscientiously believing the same to be true, and by virtue of “The Justices of the Peace Act, 1908.”
Signature, Address, and Occupation
1.
2.
3.
4. 5. 6. 7. 8. 9. 10.
Severally declared by each of the [Number] declarants whose signatures are subscribed hereto, this day of , 19 ,
before me—
J.P. [Solicitor,
or as the case may be].
Note.—Not less than ten electors must sign.
(2.) Returning Officer’s Selection
Section 20
Under “The Licensing Act, 1908.”
Having considered the nominations duly lodged in this behalf, and having heard all objections thereto, I hereby select [Full names, addresses, and occupations of the two persons selected, &c. [as above)] as fit persons to appoint one scrutineer to act at each ballot-box at the licensing poll for the District of on the day of , 19 , in the interest of all electors who are in favour [or, as the case may be, not in favour] of the proposal that no licenses be granted in the district.
Dated at , this day of , 19 .
Returning Officer.
(3.) Appointment of Scrutineers
Section 21.
Under “The Licensing Act, 1908.”
To the Returning Officer.
For the purposes of the licensing poll for the District of to be taken on the day of , 19 , we, the undersigned, being duly authorised in this behalf, hereby appoint the persons named in the Schedule hereto to act as scrutineers at the ballot-boxes at the polling-places named in the Schedule, in the interest of all electors who are in favour [or, as the case may be, not in favour] of the proposal that no licenses be granted in the district.
Schedule.
Polling-place
[Name of polling-place.]
Scrutineer.
[Full name, address, and occupation of the scrutineer.]
Dated at , this day of , 19 .
[Signatures of the two persons authorised to appoint.]
FOURTH SCHEDULE
Section 25. 1895, No. 45, Third Schedule.
DECLARATION OF LICENSING POLL IN THE DISTRICT
Licensing District of
In pursuance of “The Licensing Act, 1908,”
I hereby give public notice of the result of the local-option poll taken under the provisions of the said Act.
Number of Votes recorded
That the number of licenses existing in the district continue
That the number of licenses existing in the district be reduced
That no licenses be granted in the district
[or, as the case may be, That licenses be restored in the district That licenses be not restored in the district ]
The total number of voters whose votes were recorded at the poll was; and, as the number of votes recorded in favour of the proposal that the existing number of licenses in the district continue [or be reduced, as the case may be]is an absolute majority of the total number of voters as aforesaid, There by declare such proposal to be carried.
[or,
The total number of voters whose votes were recorded at the poll was ; and, as the number of votes recorded in favour of the proposal that no licenses be granted in the district.[or that licenses be restored, or be not restored, in the district, as the case maybe] is not less than three-fifths of the total number of voters as aforesaid, I hereby declare such proposal to be carried.]
[or,
The total number of voters whose votes were recorded was ; and, as none of the proposals respecting licenses in the district obtained the prescribed majority, I declare none of them to be carried.]
Dated at , this day of , 19 .
, Returning Officer.
Note.—All the forms in this Schedule are to be altered to suit the circumstances.
FIFTH SCHEDULE
Section 30. 1904, No. 42, Schedule.
Petition for Inquiry as to Result of Poll
Under “The Licensing Act, 1908.”
In the matter of a licensing poll held in the [State licensing district] on the day of , 19 .
The petition of the undersigned electors of the [State licensing district], namely: A. B., of , C. D., of , &c.
1.
Your petitioners state that the said licensing poll was held on the day of , 19 , and that the Returning Officer has declared the proposal to be carried that licenses be granted [or be not granted] in the district.
2.
And your petitioners say that [State the facts and grounds on which the petitioners rely].
Wherefore your petitioners pray that it may be determined that the said proposal was rejected and not carried [or that the poll was void].
A. B.,
C. D.,
&c.
SIXTH SCHEDULE
Sections 38, 145. 1895, No. 45, Second Schedule.
Voting-paper
Under “The Licensing Act, 1908.”
I vote that licenses be restored in the district.
I vote that licenses be not restored in the district.
General Directions
The voter must strike out the proposal which he does not wish to be carried.
If the voter strikes out both or fails to strike out one of the proposals, the voting-paper will be void.
The voting-paper so marked is to be dropped by the voter into the separate ballot-box prepared for it, and not into the same box as that in which he drops his electoral ballot-paper.
The voter is not allowed to take his voting-paper out of the polling-booth.
SEVENTH SCHEDULE
(1.) Publican’s License
Sections 73(2), 75, 160. 1881, No. 21, First Schedule.
Whereas the Licensing Committee holding the licensing meeting at , on the day of , one thousand nine hundred and , has, by certificate dated the day of , one thousand nine hundred and , authorised the issue to , of , of a publican’s license for the house to be known as , situate at , and having only one bar therein and no more: And whereas the said has duly paid the sum of pounds sterling as the fee on such license: Now I do hereby declare that, subject to the provisions of “The Licensing Act, 1908,”
the said is licensed to sell and dispose of liquors in any quantity on such premises, between the hours of six in the morning and ten at night, on such days as his premises are permitted to be open.
This license shall commence upon the day of , one thousand nine hundred and , and continue in force until the thirtieth day of June then next ensuing, both days inclusive, provided it is not forfeited in the meantime.
Given under my hand at , this day of , one thousand nine hundred and .
Treasurer of the [Name of local authority)
[or Receiver of Revenue].
INDORSEMENTS (WHERE REQUIRED TO BE MADE)
(1.)
The within-named licensee, having duly paid the further sum of five pounds sterling, is entitled to an extension of time for the closing of his premises until eleven o’clock at night, on such days as his premises are permitted to be open.
(2.)
The within-named licensee is exempted from the requirement of burning a lamp all night over his door.
(2.) New Zealand Wine License
Sections 77.
Whereas the Licensing Committee holding the licensing meeting at , on the day of , one thousand nine hundred and , has, by certificate dated the day of , one thousand nine hundred and , authorised the issue to , of , of a New Zealand wine license for the shop [or premises] of the said situate at : And whereas the said has duly paid the sum of one pound sterling as the fee on such license: Now I do hereby declare that, subject to the provisions of “The Licensing Act, 1908.”
the said is licensed to sell and dispose of on such premises, between the hours of six in the morning and ten at night, on such days as his premises are permitted to be open, any wine, cider, and perry, the produce of fruit grown in New Zealand, 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.
This license shall commence upon the day of , one thousand nine hundred and , and continue in force until the thirtieth day of June then next ensuing, both days inclusive, provided it is not forfeited in the meantime.
Given under my hand at , this day of , one thousand nine hundred and
Treasurer of the (Name of local authority)
[or Receiver of Revenue].
(3.) Accommodation License
Sections 78.
Whereas the Licensing Committee holding the licensing meeting at , on the day of , one thousand nine hundred and , has, by certificate dated the day of , one thousand nine hundred and , authorised the issue to , of , of an accommodation license for the place and upon the conditions hereinafter mentioned: And whereas the said has duly paid the sum of pounds sterling as the fee on such license: Now I do hereby declare that, subject to the provisions of “The Licensing Act, 1908,”
the said is licensed to sell and dispose of liquors in any quantity on the premises situate at , but not elsewhere, between the hours of six in the morning and ten at night, on such days as his premises are permitted to be open, subject to the terms following, that is to say: [Set out the terms].
This license shall commence upon the day of , one thousand nine hundred and , and continue in force until the thirtieth day of June then next ensuing, both days inclusive, provided the said several terms are so long fulfilled by the holder hereof and his license is not forfeited in the meantime.
Given under my hand at , this day of , one thousand nine hundred and.
Treasurer of the (Name of local authority)
[or Receiver of Revenue].
(4.) Packet License
Section 79. 1907, No. 59, sec 2(2)
Whereas the Licensing Committee holding the licensing meeting at , on the day of , one thousand nine hundred and , has [or the Chairman and two members of the Licensing Committee of the District of have], by certificate dated the day of , one thousand nine hundred and , authorised the issue of a packet license to , being the owner of the vessel , conveying passengers between and : And whereas the said has duly paid the sum of pounds sterling as the fee on such license: Now I do hereby declare that, subject to the provisions of “The Licensing Act, 1908,”
the said is licensed to sell liquors during any part of the passage of such vessel between such places to any passenger on board such vessel.
This license shall commence upon the day of , one thousand nine hundred and , and continue in force until the thirtieth day of June then next ensuing, both days inclusive, provided it is not forfeited in the meantime.
Given under my hand at , this day of , one thousand nine hundred and.
Treasurer of the (Name of local authority)
[or Receiver of Revenue].
(5.) Wholesale License
Sections 80.
Whereas the Licensing Committee holding the licensing meeting at , on the day of , one thousand nine hundred and , has [or the Chairman and two members of the Licensing Committee of the District of have] by certificate dated the day of , one thousand nine hundred and , authorised the issue of a wholesale license to of : And whereas the said has duly paid the sum of twenty pounds sterling as the fee on such license: Now I do hereby declare that, subject to the provisions of “The Licensing Act, 1908,”
the said is licensed to sell and deliver liquors from the warehouse or premises situate at , or from any bonded warehouse, but not elsewhere, in quantities of not less than two gallons to be delivered to any one person at any one time, such liquors not to be consumed in or upon the licensee’s house or premises.
This license shall commence upon the day of , one thousand nine hundred and , and continue in force until the thirtieth day of June then next ensuing, both days inclusive, provided it is not forfeited in the meantime.
Given under my hand at , this day of , one thousand nine hundred and
Treasurer of the (Name of local authority)
[or Receiver of Revenue].
(6.) Conditional License
Sections 82.
Whereas the Chairman and two members of the Licensing Committee of the District of have, by their certificate dated the day of , one thousand nine hundred and , authorised the issue to being a licensed publican holding a publican’s license for , situate at of a conditional license for the place and time hereinafter mentioned: And whereas the said has duly paid the sum of pounds sterling as the fee on such license: Now I do hereby declare that, subject to the provisions of “The Licensing Act, 1908,”
the said is licensed to sell and dispose of liquors in any quantity in the premises situate at [Describe place], but not elsewhere, subject to the restrictions and conditions following, that is to say: [Set out the same].
This license shall commence upon the day of , one thousand nine hundred and , and continue in force until the day of then next ensuing, both inclusive, provided the said several restrictions and conditions are so long fulfilled by the holder hereof and neither this license nor his publican’s license is forfeited in the meantime.
Given under my hand at , this day of , one thousand nine hundred and .
Treasurer of the (Name of local authority)
[or Receiver of Revenue).
EIGHTH SCHEDULE
Sections 84, 85, 100, 118, 120. 127. 1881, No. 21, Third Schedule. 1893, No. 34, First Schedule.
Notice of Application for a Publican’s License
I, A. B., of , do hereby give notice that I desire to obtain, and will at the next licensing meeting to be held at , on the day of , 19 , apply for, a certificate authorising the issue of a publican’s license for a house situate at , containing rooms, exclusive of those required for the use of the family.
Dated at , the day of , 19 .
A. B.
Notice of Application for a New Zealand Wine License
I, A. B., of , do hereby give notice that I desire to obtain, and will at the next licensing meeting to be held at , on the day of , 19 , apply for, a certificate authorising the issue of a New Zealand wine license for premises situate at
Dated at , the day of , 19 .
A. B.
Notice of Application for an Accommodation License
I, A. B., of , do hereby give notice that I desire to obtain, and will at the next licensing meeting to be held at , on the day of , 19 , apply for, a certificate authorising the issue of an accommodation license for premises situate at .
Dated at , the day of , 19 .
A. B.
Notice of Application for a Wholesale License
I, A. B., of [Abode and occupation], [or as the case may be, We, A. B. and C. D., of , trading in copartnership as spirit-merchants under the firm of B. D. and Company], do hereby give notice that I [or we] desire to obtain, and will at the expiration of seven days from this date apply to the Licensing Committee or to the Chairman and two members thereof for, a certificate authorising the issue of a wholesale license to me [or us], and that my [or our] place of business is situate at .
Dated at , the day of , 19 .
A. B.
[or A. B. and C. D.].
Notice of Application for Transfer of License
I, A. B., of , being the holder of a license in respect of the premises situate at , do hereby give notice that I desire to obtain, and will at the next licensing meeting to be held at , on the day of , 19 , apply for, a transfer of the said license from myself to C. D., my appointee.
Dated at , the day of , 19
A. B.
Notice of Application for Temporary Transfer of License to Purchaser or Assignee of Licensed Premises
I, A. B., of , being the holder of a license in respect of the premises situate at , do hereby give notice that I desire to obtain, and will forthwith apply to the Licensing Committee to have the said license transferred temporarily to C. D., who has purchased [or to whom I have assigned the lease of, as the case may be] the said premises.
Dated at , the day of , 19 .
A. B.
Notice of Application to remove a License to other Premises
I, A. B., of , being the holder of a license in respect of the premises situate at , do hereby give notice that I desire to obtain, and will at the next licensing meeting to be held at , on the day of , 19 , apply for, the removal of the license for the aforesaid premises to other premises situate at .
Dated at , the day of , 19 .
A. B.
Magistrate’s Certificate of Applicant’s Fitness
I, the undersigned, A. B., Stipendiary Magistrate, do hereby certify that [Name of applicant] is a person of good fame and reputation, and fit and proper to have granted to him a publican’s [or New Zealand wine, or accommodation] license.
Witness my hand at , this day of , 19 .
A. B.,
Stipendiary Magistrate.
NINTH SCHEDULE Memorial of Electors or Residents
Section 86. 1881, No. 21, Fifth Schedule.
To the Licensing Committee for the District of .
We, the undersigned electors or adult male and female residents within the Licensing District of , do hereby request that no certificate shall be granted to enable a license to be granted [or renewed, or removed] in respect of the premises [Describe them] within the said district, for which application has been made by [Name of applicant or applicants).
Signatures
| Name. | Occupation. | Place of Residence, Street, and Number, if any. | |
|---|---|---|---|
| Male. | Female. | ||
[Signature of the Collector of Signatures.]
TENTH SCHEDULE
Section 98(1). Ibid. Sixth Schedule. 1895, No. 45, sec. 31, and Fourth Schedule.
Certificate to authorise the Issue of a Publican’s License
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that the majority of the Licensing Committee assembled at the licensing meeting held at , on the day of, 19 , the requisite notice of application for this certificate having been proved before the Committee to have been duly served and posted, and it appearing to the Committee that the premises hereinafter mentioned contain the requisite accommodation, did authorise the issue to , of , of a publican’s license for [Here state the situation of the premises, sign, city, borough, town, or district].
The fee payable in respect of the license is £ , and the same is payable to [Name of officer], at [Place], on or before the day of , 19 .
Given under my hand at , the day of , 19 .
A. B.,
Countersigned— Stipendiary Magistrate.
C. D.,
Clerk of the Licensing Committee.
Certificate to authorise the Issue of a New Zealand Wine License
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that the majority of the Licensing Committee assembled at the licensing meeting held at , on the day of , 19 , did authorise the issue to , of , of a New Zealand wine license for [Here state the situation of the premises, &c., as in last form].
The fee payable in respect of the license is £1, and the same is payable to [Name of officer], at [Place], on or before the day of , 19 .
Given under my hand at , the day of , 19 .
A. B.,
Countersigned— Stipendiary Magistrate.
C. D.,
Clerk of the Licensing Committee.
Certificate to authorise the Issue of an Accommodation License
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that the majority of the Licensing Committee assembled at the licensing meeting held at , on the day of , 19 , did authorise the issue to , of , of an accommodation license for [Here state the situation of the premises, &c., as in last form], subject to the following terms: [Set out the terms].
The fee payable in respect of the license is £ , and the same is payable to [Name of officer], at [Place], on or before the day of , 19 .
Given under my hand at , the day of , 19 .
A. B.,
Countersigned— Stipendiary Magistrate.
C. D.,
Clerk of the Licensing Committee.
Certificate to authorise the Issue of a Packet License
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that the majority of the Licensing Committee assembled at the licensing meeting held at , on the day of , 19 [or I, the Chairman, and E. F. and G. H., being two members of that Licensing Committee, on the day of , 19 ], did authorise the issue to , being the owner of the vessel , conveying passengers between and , of a packet license for such vessel.
The fee payable in respect of the license is £ , and the same is payable to [Name of officer], at [Place], on or before the day of . 19 .
Given under my hand at , the day of , 19 .
A.B.,
Countersigned— Stipendiary Magistrate.
C. D.
Clerk of the Licensing Committee.
Certificate to authorise the Issue of a Wholesale License
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that the majority of the Licensing Committee assembled at the licensing meeting held at , on the day of , 19 [or I, the Chairman, and E. F. and G. H., being two members of that Licensing Committee, on the day of , 19], did authorise the issue of a wholesale license to , of (State situation of warehouse or premises, &c.].
The fee payable in respect of the license is £20, and the same is payable to [Name of officer], at [Place], on or before the day of , 19
Given under my hand at , the day of , 19 .
A. B.,
Countersigned— Stipendiary Magistrate.
C. D.,
Clerk of the Licensing Committee.
Certificate to authorise the Issue of a Conditional License
I, the the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that I, the Chairman, and E. F. and G. H., being two members of that Licensing Committee, did, on the day of , 19 , authorise the issue to , of , being a licensed publican holding a publican’s license in respect of , situate at , of a conditional license for the [Here state the occasion and place] for a period of days from the day of , 19 , subject to the following restrictions and conditions: [Set out the same].
The fee payable in respect of the license is £ , and the same is payable to [Name of officer], at [Place], on or before the day of , 19 .
Given under my hand at , the day of , 19 .
A. B.,
Countersigned– Stipendiary Magistrate.
C. D.,
Clerk of the Licensing Committee.
ELEVENTH SCHEDULE
Section 98(4) 1895, No. 45, Fifth Schedule.
The Postmaster at .
Please receive herewith from [Full name] the sum of , and remit the same to the Clerk of the [City of Dunedin, at Dunedin, or otherwise as the case maybe], in payment of the fee for the issue [or renewal, or as the case may be]of a license to the said [Full name]in respect of his licensed premises, situate at , [Add where necessary] and known as [Name of hotel, or as the case maybe]
Dated at , this day of , 19.
E. F.,
Licensee.
| Fee | £ |
| Poundage | |
| £ |
TWELFTH SCHEDULE
Section 119. 1881, No. 21, Seventh Schedule
Transfer of License
The majority of the Licensing Committee for the District of assembled at the licensing meeting held at , on the day of ,19 , do hereby transfer the rights and privileges of the within license to , of , for the residue of the term between that date and the thirtieth day of June next ensuing.
Dated at , the day of , 19 .
A. B.,
Stipendiary Magistrate.
Countersigned—
C. D.,
Clerk of the Licensing Committee.
Section 120(2).
Temporary Transfer to a Purchaser or Assignee of Licensed Premises
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman, and E. F. and G. H., being two members of the Licensing Committee for the District of , upon the application of the within-named K. L., it having been proved to us that the necessary notice has been given by the said K. L., and the fee of two pounds having been paid to the proper treasurer by the applicant in respect of his application, do hereby, on this day of ,19 , transfer the license granted to the said K. L. in respect of the premises situate at , to M. N., the purchaser [or assignee of the lease] of the said premises, until the next licensing meeting to be held for this district.
Dated at , the day of , 19 .
A. B.,
Stipendiary Magistrate.
Countersigned—
C. D.,
Clerk of the Licensing Committee.
THIRTEENTH SCHEDULE
Section 129. 1881, No. 21. Eighth Schedule.
Removal of License
The majority of the Licensing Committee for the District of assembled at the licensing meeting held at , on the day of ,19 , the requisite notice of application for removal having been proved before the Committee to have been duly served and posted, and the fee of two pounds having been paid to the proper treasurer by the applicant in respect of his application, do hereby declare that the within license shall henceforth cease to apply to the premises within mentioned, and shall apply to premises situate at , [Add where necessary, known as ].
Dated at , the day of , 19 .
A. B.,
Stipendiary Magistrate.
Countersigned—
C. D.,
Clerk of the Licensing Committee.
FOURTEENTH SCHEDULE
Section 37. Ibid, Ninth Schedule.
Certificate for Duplicate License in Case of Loss
I, the undersigned, A. B., Stipendiary Magistrate, being the Chairman of the Licensing Committee for the District of , do hereby certify that I, the Chairman, and E. F. and G. H., being two members of that Licensing Committee, are satisfied that a license was, on the day of ,19 , issued to , of , in respect of the premises known as , and situate at , and that such license is lost or destroyed, and has not been forfeited or transferred.
Dated at , the day of , 19 .
A. B.,
Stipendiary Magistrate.
Countersigned—
C. D.,
Clerk of the Licensing Committee.
FIFTEENTH SCHEDULE Fees of Court
Section 141. 1881, No. 21, Tenth Schedule Gazette, 1884, p. 1357.
| s. | d. | |
| On filing notice of intention to apply for a license where no license has been previously issued | 10 | 0 |
| On filing notice of application of renewal, transfer, or removal of a license | 5 | 0 |
| On the grant of a certificate for a license where no license has been previously issued | 10 | 0 |
| On the grant of a certificate of renewal or of transfer | 5 | 0 |
| On making an application to open an additional bar, for each bar | 5 | 0 |
| On grant of certificate for a conditional license, for every day for or over which the license is granted or extends | 5 | 0 |
| For every summons to a witness, including service thereof within two miles of the Court | 5 | 0 |
| Service of any summons, for every mile beyond two miles of the Courthouse or place of attendance specified in such summons, one way | 1 | 0 |
| For every oath administered | 1 | 0 |
| For any order as to payment of costs on objections made | 2 | 0 |
| For lodging any notice of objection | 3 | 0 |
| For depositing any memorial against grant of any application in respect of a license | 3 | 0 |
And where any order made by a Licensing Court is enforced by process, the like fees shall be payable in respect of any proceedings taken for that purpose as would be payable in like cases under “The Justices of the Peace Act, 1908.” |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Licensing Act 1908
RSS feed link copied, you can now paste this link into your feed reader.