LICENSING ACT, 1873.

Mount Ida Chronicle, Volume IV, Issue 253, 9 January 1874, Page 4

LICENSING ACT, 1873.

; . The following was passed Jt>y the .General Assembly, 2nd October, 18731 . ; ,(ind, 1$ \yitl be observed by the'last Clause < sl. is ii}CorpOF(itei with, and dops not pffect ttye provisions of the Provincial Act, except m 90 tar. as the amount thereto ( ' The expression " qlpoholic liquors" in £his Act shall mean and include evtery description of distilled spirits wine ale cidpr perry, or other fermented Jisuor san intoxicating nature. Ttye - .Words '• public bars'' shall be deeded to jmean ajid include any room passage or |obby in any licensed public-house open immediately, to any.street highway or ( public thoroughfare, wherein the public 'may enter apd purchase any spirituous or jfermented liquors. The word " district" vphall mean any licensing district cheated ff)r defined by the provisions of this Act. ; The words V Resident Magistrate" shall cpjeanthe Resident Magistrate appointed po Hold licensing Courts in any such distinct. , DISTRICTS. The Qoyernor shall, by proclamation in Jfte 'Government Gazette/ define such ' {territorial divisions as he think proper to be licensing districts) and from time time may alter and re-define such . IPQuiidaviea, which shall, \yherever practicable, bis identical with easting Municipal jivarda and Road Board or School Districts ; but if none of these can be conveniently adopted, then the licensing district jhall be so defined as may he most convenient for t» carrying into effect the ob- " jects of thi*Act. ■' Tlte provisions of tlris Act shebU be carried Into effect in every district \y such ItesideM Magistrate )w shall Be appointed fcr the purpose V the GovV-nor, J>y warrant notified in me Government '?jfyajette,Nwhether he beV the Resiaent Magistrate Vting within tnq district \r other purpose&ir not. ' If any certificate shall be applied for r , jbeyond the limits of any district defined Jinder ,\ct, the application shall be of by the ftwhlcnl \pf t^enearest district in conformity in ail \ respects with the provisions of this Act. \ " LICENSES. " No person, unless duly licensed under thls licensp, shall sell a,ny alcoholic liquors. Or, the same to be sold by any jfither person on his behalf under a peniMty of not over fifty pounds for each offence , Provided that no license shall be for the sale by any chemist drug-* gist or apothecary of spirits as medicine, 'pr for any bona fide sale at auction. Licenses of the following kinds, and such as may be provided for by any Act or Ordinance of the Provincial Council of the Province in which the house is situated, may be granted, namelyWholepale, Pubhcan's Bottle, apd Packet licences, to be in force from the time of granting the same until the thirtieth day of June next ensuing, and no longer. The wholesale license shall authorise the Holder thereof to flell and deliver alcoholic liquors ~in quantities ofliot - less than two. gallons of any one description to one person at any one time, not to be consumed in or upon the vendor's house orpremise*The publican's license shall authorise the ' holder thereof to sell and dispose of alcoholic liquors in any quantity in the bouse or on the premies therein specified. No person being the holder a publican's license issued under th|s Act, shall be entitled to have ip or upon such licensed premises njore than onp public bar for the |mle of apiritUQfis liquorf therein; and any person offending against this provision phaU bj? held guilty of selling without a license, ai}d liable to a penalty of from pounds to fifty pounds. The packet license may be granted to the master or commander for the time being of any steam packet or other vessel making passage* and carrying passengers from any place to any other within the ..Colony;and gqch shall be anthorised, while actually navigntlngbetween any portor har- • per within the Colony, to sell and dispose of any alcoholic liquors to any bona fide passengers by such packet or vessel, The Provincial Treasurer of any Province, or .other person appointed by the Governor, may issue to any person a license for any house or premises within any borough, or licensing on of a certificate {torn Wy licensing Court held under his Aqt. Applications for wholesale licenses shall be lodged With the Clerk of the Court at the same time and manner j}s applications fqt publicans' licehses; but f)0 ( certificate of householder# shall be for steam packet licenses: Prodded always tfyat in any Province where gq&iJislQt£ fees haye been nqade portion ofrnurticipnl revppue, any person authorised by any such Municipality'shall have pofoer tq issue such licences on the production of Such certificate as aforesaid. . 7$ *ftv«irv yfierson wh« desires \4 obtain a publican/ Of huesh Wcensp or line renewal ' thereof Jhall oty or/afore the/rst Tuesday v Jn'theAiionth ofAlaioh inr every jpur, r ' h«; delyl'er.ecl to w Clerk of the ' Keswent .Mfiratrate of tjfe noJicyin wilting signed byhirn, in tile form annex/! accomp-i/ied by iertifjeat/ signed by at least tea huuse-r- - i\]» distnjet, in iorm also of the Court lo whom mny have shsyl on TueMay in the/ said cause/a list y /of di com/tuaH

the Annunl Licensing Court, < »r of taking. iitf o consideru? I " tiVi applicaUohvliaJWi^rtificfi^ B ' ••• 1 T Tfo the Proclamatioiiß«d»riHg^h®. s eyent ral districts as hereinbefore i Govamor shall in each case decjarejnenumber of persons of whom the Licencing 1 Court otauch district shall consist, iuch nnmber not being more than seven nor less than three. J Such Licensing Courts shall beJ consti - tuted in the\fo|lowing manner :-V (1) The ReaWent Magistrate or Chairman of Peay Sessions having jurisdiction wflthin any district/proclaimed under clause three, aim any other persons to be nominated as Commissionerafor the purpose by His ExcellencAthe Governor. (2) Every member of such Licensing Court shall Miold /,(>ffice for two years. Yaca\cies,bccurring in the interval, by dqatn bankruptcy or becoming otherwise disqualified to sit on such Cotftt, shall be filled up by the Governor, such nominated member' toViold office only till the expire of tfle current per(3) The. Clerk >to /the Resident Magistrate of ttte districtVhall act as Clerk to tne Licensing \Court unj less in case of necessaiy absence or personal disability, in which case the Conrt may appoint ajClerk. At every/meeting of the Licensing Court, the Resident Magistrate orVChairman of Petty Sessions, if present, shall be ChairmanAhereof, and in the event Vf. his absence /he members of the Licoisihg Court stfall elect one of their number to thereof; and the Chairman of sublicensing Court shall hwe an /rigin&i and shal sio/ on behalf of the CounalPTßHifliaA and other documents, if any, issued or re* /orded by it. | No person shall be qualified to.be apf pointed or to sit as a member of such Court who is a brewer wine or spirit merchant maltster distiller importer of or a dealer in alcoholic liquors, or in partnership with any such person, or the owner in fee or for any less estate of any licensed house or house or building in which any trade in a manufacture of alcoholic liquors is carried on, or interested therein, or as mortgagee or otherwise in any such house or building ; aud any person so disqualified acting or sitting as a member of any Licensing Court shall be liable to a penalty of fifty pounds for every such offence.

The Clerk of the Court shall cause a notice of such Annual Licensing Court to be inserted not less than three times in one or two newspapers published in the nearest town, and usually circulating in the district, at least one calendar month previous to the date of such Court, and such notice shall set forth the names of all applicants in respect of premises previously or not prieViously licensed; together with the situation of the premises in respect of which their applications have severally been made, and shall also deliver notices of such Court specially to the members thereof. ■

If any cause shall prevent the Court being held on the day advertised, or any other day to which it may be adjourned, the Court shall stand adjourned from day to day until the memhers thereof shall be able to hold such Court.

The Licensing Court 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 piersonal fitness of the applicant are fulfilled, unless in its opinion there is a necessity for the public-house or other establishment for the sale of spirituous liquors for which application is made. No certificate shall be granted if a memorial against the granting of the same, Bigned by at least two-thirds of the adult residents in the district, be presented to the Court. The genuineness of such signatures to be verified on oath before the Court by the person or persons in whose presence the same may have been written.

Such memorial shall be in the form, contained in Schedule F, hereto appended. Upon the receipt of any such memorial the Licensing Court shall, before granting or refusing the said certificate objected to, satisfy itself by such means as it shall think fit of the number and authenticity of the signatures thereto, and if it shall contain the requisite number of genuine signatures shall give it effect as heretofore directed; if it shall not contain such signatures, then the Oourt shall exercise its discretion in granting such certificate as if no such memorial had been presented: Provided that such memorial shall be deposited with the Clerk of the Licensing Court of the district seven clear days before the day appointed for fhe other licensing meeting at which tl^^H to be decided. At such Annual shall be the duty of the Police, any other thp district, the Court newal and

constable pr bailiff, or for premises owned by them, or wherein they shall be directly or indirectly interested.

The Clerk of the Court at which any such meeting shall have been held shall, within fourteen days of the sitting thereof, or any adjournment thereof, transmit to the Provincial Treasurer of the Province, a list, signed by the Chairman of the; Court, specifying the names and residences of all the persons to whom such certificates as aforesaid shall have been granted. Every such certificate shall be void unless the same shall have been presented at the office of the Provincial Treasurer, and the fee be paid on or before the thirtieth of June next following the sitting of the Annual Licensing Court at which such certificate was granted; and upon such presentation and payment, the Provincial Treasurer shall issue a public license to the person named in such certificate.

This Act shall be taken and read as part of any existing Provincial Act or Ordinance, or any Act or Ordinance hereafter passed by any Provincial Council for the purpose of licensing or regulating the sale of alcoholic liquors: Provided that no clause in any such Act or Ordinance shall be valid or capable of being enforced if in conflict with any of the provisions ot this Act. The fees payable in respect of any certificate or license issued under this Act shall be such, and payable to such person, as may be or may have been directed by any Act of any Provincial Council. Schedule E. Form of Notice of Application for Publican's License for an Inn or Public-house. To the Resident Magistrate of the district of . ,in tho Province of , in the Colony of New Zealand. I, A.B. [state trade or occupation], now residing at , in the Puris.li, Citv, or District of , do hereby give notice that it is my.intention to apply, a,t the next Annual Licensing Court to be holden for this district, for a publican's license for the sale of alcoholic liquors, in the house and appurtenances thereto belonging, situated at [Here .describe the house proposed to be licensed, specifying the situation of it, the person of whom rented, the present occupier, whether now licensed, and if so, under what sign~\, ' and which I intend to keep as a public-house. \Jf previously licensed add—That I now hold a publican'* license within the meaning of the " Licensing Act, 1873."] Dated this day of , one ' thousand eight hundred and ''Form of Householders' Certificate to be apX:: pended to the above. , "We, the undersigned ten householders, residing in the immediate neighborhood of the aboye-mentioned house, do hereby certify that the above A..8. is a person of good fame and reputation, and fit and proper to be licensed to beep an inn or public-house for the sale of alcoholic liquors therein. - Witness our hands this day of one thousand eight hundred and Schedule F. To the Licensing Court for the District of , in the Province of We', the undersigned adult male and female residents within tho Licensing District of , do hereby request that no certificate shall be granted to enable, a publican's license to, be issued in respect of a house or houses [describe it or them] within the said district for which a license or licenses is or are applied for by [name of applicant or appli- . cants."]

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