Thank you for correcting the text in this article. Your corrections improve Papers Past searches for everyone. See the latest corrections.

This article contains searchable text which was automatically generated and may contain errors. Join the community and correct any errors you spot to help us improve Papers Past.

Article image
Article image
Article image
Article image
Article image
Article image

THE NEW ZEALAND LICENSING ACT.

As numerous inquiries are being made regarding tlie provisions of the Licensing Act of 1870, now in force, we quote the following excellent summary of its provisions from the Wellington Independent. The portion relating "to the local option principle, which constitutes the peculiar feature of the Act, is in italic : One of the most important of the statutes passed last session is the Act to regulate the sale of intoxicating liquors. It will be remembered that this Act excited considerable discussion, and it contained in its original form, when first introduced, many measures, especially that known as Sir Wilfrid Lawson's, which were subsequently excised in the discussion which took place in Committee. The Act as it now stands, contains the celebrated permissive clause, which gives two thirds of the adults of any districts the power to veto the granting of any licence. The other principal provisions in the Act are those vesting the granting of licenses in the Resident Magistrate and a Court composed of commissioners, and limiting the number of bars in respect of any one license to one. The following is a summary of the Act:—Under the head of alcoholic liquors are included wine, ale, beer, cider, perry, and every description of distilled or fermented liquor of an intoxicating nature. Licensed auctioneers, selling bom fide by auction, and chemists and druggists, selling alcoholic liquors, are excluded from the operation of the Act. The Governor is empowered to proclaim licensing districts, wherever possible making them identical and existing with muuicipal, road board, or school districts, and also to appoint Resident Magistrates and to nominate commissioners, holding office for two years, to form a Licensing Court. Any person dealing in or interested in the sale of alcoholic liquors or in the premises in which such liquors are sold or manufactured, is disqualified from sitting as a member of any Licensing Court, under a a penalty of £SO. The Resident Magistrate is to be chairman of the Court, or in his absence, the commissioners are to elect a chairman for the time being, and the chairman is on all occasions to have an original and a casting vote. The clerk of the Resident Magistrate's Court is also to act as clerk to the Licensing Bench. Licences are to remain in force only until the 30th of June next ensuing after the date of issue, and the licences which may be granted are a wholesale licence authorizing the sale of alcoholic liquors in quantities of not less than two gallons to any one and not for consumption on the premises; publicans' licences, authorizing the sale of liquors to be drunk on the premises only, bottle licences, and packet licences, authorizing the sale by retail of alcoholic, liquors to passengers on board steamers and other vessels during the actual passage. There is an apparent discrepancy between the clause describing packet liceuces, and the schedule prescribing the form of the licence. The former authorizes the sale % of alcoholic liquors to passengers while the vessel is being " navigated between any port or harbor, or in any river or lake within the limits of' the said colony," while the latter authorizes "the paid —— to sell by retail ulcoholio

liquors to any passenger on board ' of such vessel during any part of the i actual passage of such vessel as is made mthiii the limits of the said province" i.e., the province in which the licence is granted. Every intending applicant for a bush and publican's licence is to give notice to the Clerk of the Kesi-, dent Magistrate's Court on or before the first Tuesday in March, describing at the same time the sign, situation, and nature of the house, the names of the landlord and occupier, and whether already licensed. Every such application must be accompanied with a certificate signed by ten householders to the effect that the applicant is a person of good fame and reputation, and a fit person to be the holder of a licence. Notice of applications for wholesale and packet licences is to be given in the same way, but no recommendatory certificate is necessary, and municipalities may issue this class of licences on the production of a certificate from the Licensing Court. On or before oue week from the receipt of notices of application, the clerk of the court is to post up a, list of the applicants, and the Resident Magistrate is to convene a meeting of the Licensing Court on the third Tuesday in April, or as sooir thereafter as may be convenient. Notice of the meeting, the names of applicants, and situation of houses are to be advertized at least thrice, and one month prior to the date fixed, and the date may be adjourned from time to time if necessary. Two-thirds of the adult residents in the district may memorialize the court againts any particular application, but the memorial must be lodged with the cleric of the Licensing Court in the district seven clear days before the meeting, and the signatures to the memorial are to be verified before the court upon, oath by witnesses. The memorial must state the names of objectors, whether male or female, the age, occupation, dale of signature, and place of residence. Any householder may (having preciously given seven days' notice to the clerk of the court) appear before the court in person, and object to the granting of any licence. The police are to attend court and report regarding houses. If the signatures to the memorial by two-thirds are found after examination to begenuiue, thecourtis to refuse the licence objected to, and in the case of'unopposed'applications, or such as are opposed by oue or more householders, the court is to exercise its discretion. Within fourteen days from the sitting of the court, a list of granted liceuces is to be sent to the Provincial Treasurer of the province, and that officer is to issue a licence certificate to all grantees who apply before the end of June next ensuing. No licences are to be granted to houses in which'aconstable ( or bailiff is directly or indirectly interested. All fees raised under the Act are to be paid to an officer appointed by the Provincial Government. The Act is to read as part of any licensing Provincial Act or Ordinance existing or to be passed, but provincial measures which conflict with the Act are invalid. Persons (except auctioneers and chemists and druggists as above mentioned) selling alcoholic liquors without a licence, and disqualified persons sitting on the licensing bench, are liable to a penalty of £SO for eacli offence.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/HBT18740306.2.3

Bibliographic details
Ngā taipitopito pukapuka

Hawke's Bay Times, Issue 1556, 6 March 1874, Page 137

Word count
Tapeke kupu
1,103

THE NEW ZEALAND LICENSING ACT. Hawke's Bay Times, Issue 1556, 6 March 1874, Page 137

THE NEW ZEALAND LICENSING ACT. Hawke's Bay Times, Issue 1556, 6 March 1874, Page 137

Help

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert