THE WESTLAND PUBLIC HOUSE ORDINANCE, 1867.

Grey River Argus, Volume III, Issue 169, 12 February 1867, Page 3

THE WESTLAND PUBLIC HOUSE ORDINANCE, 1867.

AVhereas an Ordinance was passed by the Superintendent of the Province of • • Canterbury, with the advince and consent of the Provincial Council, in the twenty- . fourth session of the said Council, entitled ;<>The Public House Ordinance, 1866," and whereas it is expedient to amend the same:— - Be it therefore enacted by the Superintendent of the said province, with the adyihee and consent of the Provincial Council, thereof as follows : — 1. The said recited Ordinance shall be in force in that part only of the province of Canterbury which lies on the east of the sumihits of the dividing range. All licences' to be issued for the sale of spiritpiiH'liquorg, wine, ale, beer, or porter, witbi^i.th'at part of the produce \yhich lies on the west of the summits of the dividing range; (hereinafter called the District of Westland) shall be issued subject to the proyisions of this Ordinance. 2! If? any person within the District of Westland shall upon any occasion sell, or knttwingly permit to" be sold in his house -•:';oy:.ijiikiiniß3a t or shall ke.ep or expose for salic any spirituous liquors, wine, ale, beer, or pprt6r^;witho,ut having first been duly ' lic\snsed:*uiider this Ordinance, he shall upon cwffiet.ion thereof forfeit and pay for every suclv'<)ffence a sum not exceeding -fiftyvpAuuds, and a ll such liquors- may be |oi^d by-auy constable, and forfeited by of ;any Resident Magistrate or. two Justices of the Peace, before whom the cpnviction shall have taken place, and all suclivliqiiora so seized shall be eithei; deas such Resident Magis■fritrate or Justices shall direct, and the net ' proceeds «f such sale shall be paid to the Provincial Treasurer for the public service • of the province : Provided that it shall be in the discretion of such Resident Magistrate oip- Justices to remit the forfeiture of jvny such liquors so, seized, if lie or. they shall seegood grounds for. so. doihg. ' 3; All licenses to be issued under this Ordinance shall be issued under the hand of the Superintendent of the province, to such persons, and for. such houses, or pre- . luises asjtie shall think fit, upon payment $):^tho provincial Treasurer of the said provino^'of the sums hereinafter mentipnecl':-— . ' - 4; . Licenses issiied under this Ordinance gliail be of three kinds.— wholesael, bottle, {md retail :— '- : (1.) Every wholesale license shall be in force tor one year from the date of ; issue, and shall empower the licensee thereof to sell spirituous liquors, wine, $9, beer, or porter, on the. premises mentioned in such license, in quantiv ties, not less than two gallons, and : shaU be in the form in schedule A : .hereunto annexed. The sum, to be /'paid for wholesale license shall be ten ::■, ■:■ \ ' • .'■;;^;);Eyery. bottle license sh.all be in " v " iprcefor one year from date of issue, v /and;S na ll e mppwer the licensee thereof wine, ale, beer, dr-"pprter, on the premises men--7^ tipnied irf such license, in quantities not fess.tha'n one bottle, of which six > constitute a reputed imperial gallon, ■ ':'.'•: liquor not to. bp drunk on the [ " p^rfemisei)j and shall be in the form in ■■> . ' B l^eunio annexed. The V ' sum, tpi be paid for a bottle license T^haltlbe fifteen pounds^ (3)^ Every retail license shall, be iiiforce "" for pne.year fronvx the date of issue, '■;• ■' ' jaiidjsh^cm'p^wer the licensee tliere • spirituous liquors, wine, ale, ; V • ;-becr, or porter, in any quantity, on premises mentioned in such license, and shall.be in the form in ; : • schiedule C hereunto annexed. The .-'■ J. : . ;C:-- sum to be. paid for a retail Ucense . % be thirty pounds. : Provided that ; Sv:fvttie Superintendent may grant to the ??;fri;liolder of any retail license, on the y''->0 ; of the.Warden, Re- ■ aideht Magistrate of the district, or L^Stwo Justices of the Peace, upon the .. :C Stepayment of an additional ten pounds ;^i "yearly, permission tp keep his licensed *) -f-vfe ||j, U se opeii"from 6 a.m. to midnight. " '5; A retail license may be transferred \irom, ifche licensee thereof to such other peirapn m the Superintendent may think iiiji>;]tipon payment of the sum pf five tipunds to the Provincial Treasurer pf the said prpvince, by the person tawhbm such license if transferred. 6. All applications for licenses or transfers of licenses under this Ordinance shall be made in iwritipg, addressed to the t Superintendent of the province, and left with the nearest Resident Magistrate of the Court, or Warden of the goldfield Rarest to^ the Kou?e or premises in which Kis proposed to such: license or B^nsfer, for ti^ismissidn. -to the SuperinBldent.. ' . ■•; ' ■ 1 -^'s;o: : £&^-i.i'-\ ■"- '■'::•■-; ■7. Every licensee ,pf. a retail lioehsp Vail reside on the for which thp; ■cense is issued, and the house or prek ' ; V. ■. ■■•.-;' .

mises licensed shall, except as herein before provided, be opened for business on weekdays from six a.m. to eleven, p.m. ; and on Sundays froni one p.m. to tivo p.m.; at all other hours the house shall be closed for all business piirposes except for the- accomniodatipn of hona fide travellers. ' 8. If any Lo'def of «i retail license shall apply to a Warden of the gold field, or Resident Magistrate, or any two Justices of the Peaces, for permission to keep his house open beyond the hour of eleven o'clock, except as hereinbefore provided, for the convenience of the public, upon the occasion of any public dinner or other festivity being held in such house, or to - carry' on his business in any building or booth temporarily erected; at a distance from his licensed house, at public races or upon any other publicoQcasion, it shall be lawful for such Resident Magistrate, ■Warden of the goldfield, or Justices, to grant such permission by 'writing -under his or tlieir hands, to continue for such a time and <ipon such conditions to be set forth on such written permission as lie or 'they shall think fit, .and a copy of such -permission shall be forwarded by the licensee to the chief officer of police for the district, immediately upon obtaining the same, and no person acting under the authority of such written permission shall be liable to ihe penalty which he would otherwise incur under the provisions of this Ordinance. 9. Every person* holding a license under this Ordinance 'shall keep his name painted in legible characters hot less than three, inches in length, with the words '■ Licensed to sell spirits, wine, ale, beer, or porter wholesale," " Licensed to sell spirits, wine, ale, beer, or .pointer, by the bottle," or, "Licensed to retail spirits, wine, ale, beer, or porter," as the case may be, on some conspicuous part of the, front of the house, and any such person refusing or neglecting to comply with the provisions of this clause shall be liable to a'penalty not exceeding twenty shillings. 10. It shall not be lawful for any icensed person to permit any gambling of any kind whatever to be earned on in his house or premises licensed/ under a penalty not exceeding twenty pounds. 11. If any person holding a license under this Ordinance- shall .supply or suffer to be supplied in. or. upon his house or premises any intoxicating liquors to any person^ in a state of intoxkar tion, he shall be liable to a. penalty not exceeding ten pounds for every such offence, 12. Every' holder of a^ retail license shall have a Jamp with sufficient, light affixed over the front or principle door of his house, and shall keep the same burning from sunset until sunrise, .and any such person neglecting or refusing to comply with the above provisions shall be liable to a penalty not exceeding twenty shillings for every such offence : Provided always that in case such light be extinguished by an accident beyond the control of such licensee no penalty shall be inflicted. 13. Every constable shall have power and authority to enter any licensed house upon, receiving information that any of the provisions of this Ordinance are being contravened within such house, or upon hearing any riot or disturbance therein, and if any person shall obstruct, or attempt to obstruct, or interfere with" any constable in the performance, of his duties under this Ordinance, such person shall be liable, to a penalty hot exceeding ten pounds '■•''■ ; 14. If any person shall be, convicted before any Justice of the Peace for drunkenness he shall be liable, to a penaly not exceeding: twenty shillings, and in default thereof shall be imprisoned for any period not exceeding foriyreight hours, and if any personshall be convicted before any Justice of the Peace of drunkenness or riotous behavior within any licensed house, and of refusing to quit such licensed house. when requested to do so by the licensee, or his, agent, or servant, he. shall be liable. to a penalty not exceeding forty shillings, and in. default j of payment thereof he shall be imprisoned for any period not exceeding fprty-eight huurs, and if any person shall, have been so convicted- twice in. the space pf three months, he shall be liable, to twice the aforesaid penalty or, term of imprisonment respectively, and if any. person shall have been so convicted: three tinies "within, the space of six months he shall be liable to a penalty nqt exceeding five pounds, and to be. imprisoned with hard labor for any period nut exceeding fourteen days. 15.. Every person who shall have or keep any house, shop, roomj'or place. of public resort, wherein provisions, liquors, or refreshments of any kind shall be sold or consumed (whether the same shall be kept or retailed therein or procured elsewhere), and who shall wjlfully and knowingly suffer any unlawful game or games whatsoever therein, or knowingly permit persons of notoriously bad: character; to meet, together and remain therein, shall for every such offence; forfeit and. pay a penalty not exceeding ten pounds. 16. All licenses for the sale of spirituous liquors which shall have been issued to persons within the District of Westland, under the provisions of " The "Gold Fields Act, 1862," or under the provisions .of "The Public House Ordinance, 1866," and which shall not have expired at the time of the passing of this Ordinance, shall be deemed and taken to have been issued under this Ordinance, and shall continue in force and under such conditions'for so long a time as is stated in such licenses. 17. Any person exercising the£ trade or calling of an auctioneer niay sell, as agent for the owners, any spirituous liquors, wine, ale, beer, or porter, anything in this Ordinance to the contrary notwitl - standing, but any such auctioneer who shall sell, or shall keep or expose for sale any such liquors on his own -account, shall' be liable to 'the penalties mentioned in section 2of this Ordinance. ' 18. All penalties and forfeitures incurred under this Ordinance shall (except as hereinbefore provided) be recoverable in a Bumraary way. -. 19. This. Ordinance shall be entituled' and may. be cited as "The Westland. Public House Ordinance, 1867/' • Passed the Provincial Council this ninth day of January, one thousand eight hundred and sixty-seven. • Henby John Tancbed; '^■- ■ '">■'.■■ --■'■ J '* j^eaker. :. • Hbnky Bacon Qun^? .: -Clerk of Council. Assented to on behalf of his Excellency the Governor, at Christchurch,^.hiß ..twelfth day of January, rone thousand eight hundred and sixty-seven. '■ J ' William Sekton Moorhousb, % S?eK "X ; gupeiiritendent of Canterbury.