THE LICENSING ACT.

Westport Times, Volume VIII, Issue 1211, 15 September 1874, Page 2

THE LICENSING ACT.

'J he following- digest of tlie " Licensing Act-, 1873, Amendment Act, 1874,'' will be found to contain all essential points of information, in ns concise ii form as the forty-five clauses of the Act, permit : The Act is read with and as part of the Act of 1873. Every Licensing' Court constituted under the Act of 1573 is deemed as duly constituted, and licenses i hereby granted, of whatever kind, will continue to subsist until date of expiry, subject to forfeiture for non-observance of conditions under which the same may have been granted. Licensing Courts will hereafter he constituted by the Governor, and each court will consist of not more than seven or less than three members, who may hold office for two years. When a member resigns or forfeits his seat the person appointed by the Governor in his stead shall hold office only for the unexpired term of office of his predecessor. The Resident Magistrate or Chairman of Court of Petty Sessions, shall bo Chairman of the Court, and the Governor shall declare by Gozetre notice what number of members of any Licensing Court shall form a quo tun. The Governor' may remove from office any chairman or member of a court, and absence from two consecutive quarterly licensing meetings unless in case of sickness or other lawful excuse—eivoils forfeiture or'sea*. The holder of a publicdioiise license may have more than one bar in the premises licensed upon payment of a fee "for each additional bar at the rate of one third of the fee payable for a publicans license, or at such other rate ns m.iy he fixt d by the Legislature of the province within which such premises are situated." The consent of the Licensing Court for the district to be endorsed upon the original current license.

The Provincial Treasurer of any pro pier, or other person or persons to he appointed by the Superintendent, may at any time issue a wholesale license or packet license, and the applicant need not " make any application whatsoever" to any Licensing Court. Ihewors licenses now issued under any Provincial Act or Ordinance may still be issued) a'ncl an applicant nee I

not tuko out a wholesale license in order to obtain tun benefit of such brewers license.

Packet licecises will be granted for the " Colony of New Zealand." The fees payable for yearly wholesale, brewers, or packet license shall be prescribed by the Provincial legislature, and whore the license fees form part of municipal revenues the Mayor of the Borough may grunt such licences. The Act, docs not affect the provision's of the Distillation Acr, 1803, requiting the registration ot name and residence of every wine and spirit merchant, and brewer.

Quarterly licensing meetings shall be held in each Licensing District at noon of the first Tuesday in the months of December, March, June, and September in each year, at which applications for certificates for licenses, transfers, renewals, or removals shall be considered, tine calendar month's notice of such meeting to be published bv the clerk < f the Licensing Court.

" Every applicant lor a publican's J : _-.. -.,., a i...r. „ license tnusi, i.vvensj-one ua».a ueiuio « quarterly meeting, deliver in duplicate to the clerk' of the Licensing Court a notice in writing, signed by himself, and accompanied by a certificate signed by at least ten householders, and the clerk will keep posted at the Court House lists of the names of applicants, their abodes, and the names of the persons signing the certificates. On application for renewal of license the householders certificate shall nobe necessary, nor is such certificate necessary when application is made for bottle licenses.

Bottle licenses shall authorise the holder to seil alcoholic liquors in bottles " corked and sealed, capsuled or wired of sizes not less than those of which six or twelve are usually reckoned to the gallon, and not to be drunk in or upon the premises for which such license is granted." The provisionsof the Act toon); apply "in such provinces as may have provided or shall thereafter provide for the grant and issue of such licenses."

The personal attendance of any licensed persi n to obtain renewal of his or her license shall not, be required unless on receipt, from the clerk of the court, of notice of opposition. Any license (except a wholesale, a brewers, or a packet license) muv be transferred upon delivery of notice in duplicate, and in form authorised, and subject 10 similar conditions as to time, mode of procedure, and objec tions, as are to be observed in the granting or renewal of licenses. Transfers will be indorsed upon the original license granted, and the transferee shall, instead ol the original holder, possess all the rights and be subject to tho same obligations and penalties as the original licensee. All licenses granted shall be made terminable on the first day of July in each year, and the fees payable shall be as follow': —For licenses granted on the first day of July (or second day if ihc first falls oa a Sunday) the full amount of license fee prescribed by any Act or Ordinance in force. Fur licenses granted on the first or second day of October, three-fourths of such license fee. For licenses dated the first or second of December, or.e-lialf: and for licenses dated the first or second day of April, one-fourth of such fees. Power being given the legislature of any province to alter or vary the rate of fees payable. The temporary transfer of a license may be obtained at any time by the purchaser of licensed premises upon application to the Chairman of the Licensing Court, upon production of a receipt for payment of two pounds to the Provincial Treasurer, or such other fee as may he from time to time be prescribed. A publican's or bottle license may be transferred to any other house in the suae district, other than the house originally licensed, upon application at any quarterly meeting and payment of si fee of two pounds to the Provincial Treasurer, or such other fee as may prescribed, in case of the decease or insolvency of a license holder, bis executor, trustee, assign' e, or other legal representative may, by an agent, specially authorised by the Chairman of the Licensing Court, carry on business until the expiry of current licens". And in case :>! death of licensee, his widow, or if no widow, any member of his family, or person on behalf of such family, may carry on business for one month, provided that probate of will be not sooner"runted.

A Resident Magistrate, or any two members of a Licensing 1 Court, may within tlieirown district grant ex tension of licenses for sale of alcoholic liquor at an}' " volunteer encampment, races, fair, marker, games, regatta, rowing matches, cricket grounds, or other like places of public amusement for any period not exceeding four days, and also on occasion of any public ball dinner rr other festivity, subject to such special conditions 'is the Resident Magistratc'or two members of J icensir.g Court m iy presenile, and on payment of a fee, not less than five shillings nor more than two pounds, to he prescribed by the legislature of any province. The rules for the conduct of business at licensing meetings provide, inter altif, {.hut the chief officer of police in every district shall, ton days befoie nidi quarterly wee ing, ttunsb a r< port of every licensed home' in his d strict, and as to applications for n w houses or new applications for 01.l In uses, as soon after such amplication as possible report as to description ana

condition of promises ami furniture, i the manner in which such house hits hcen conducted fi>r twelvo months pus t, the cuamoter of the frequenters, and a statement of tiie number, locality; and distance of oilier licensed houses in the neighborhood. At the quarter.'}' meetings, applications for new houses shall take precedence', now applications for old houses shall be taken next, and the rest of the business shall follow. On application for a license for a new house, plaits of such house must be deposited with the clerk, and in the event of such plans showing that any portion of the promisee is fitted up as a retail sto;e it shall not be lawful for the court to "•rant such application. Courts may be adjourned from time to tim», ap-" pljcants may be heard by counsel or solicitor, and objectors or the signers of any memorial under section XXI Jl. of the Licensing - Act, 18?:J, may appear by counsel or in person. Incase of an equality of votes, the chairman will have a casting vote in addi- ♦ :.,., * 0 i.: 3 or j'>;»<: ; ! vote and the decision of the Court when once an nounced by the chairman shall not be questioned or reconsidered. No objection of any kind or from any person shall be entertained unless prior notice thereof shall huve been given, and where any objection may appear to the court to bo Irivolous an order may be made for payment thereof by the objecting- party, excepting- only any officer of police. Notwithstanding- such limitation of objections, the court may of its own motion take notice of any matter which in the opinion of the court would be an objection to the granting- of certifi cate for license, and adjourn the court for any period not exceeding fourteen days to give the person affected an opportunity of reply. All orders made by the-conrt shall be summarily enforced, and all penalties made recoverable under the Justice of the Peace Act, 1800. Special licensing districts on the gold fields and in outlying districts may be proclaimed by the Governor, and licenses may be granted without requiring certificate of householders, on payment of fees and under conditions to be prescribed by the legislature o! any province wherein such i district may be proclaimed, or, until such legislature shall have passed the necessaiy Ordinance, under regu- • lutions to be made by the Governor in Council.

Licensing courts may, nt any quarterly sitting', cancel the license ot any house improperly conducted; Any room or place wherein intoxicating liquors are sold, and wherein females may be employed or permitted to dance with men " with the intention ofexciting and inducing such men to drink," whether such females arc paid by contract or by a share ot the produce of a sale of tickets, or iu any other way, shall be taken to be a disorderly house, and the licensee shall ue liable on conviction to a penalty o? twenty pounds for the first offence, fifty pounds for the second offence, and forfeiture o! his license for the third. Any such convict ion to be indorsed by the Magistrate convicting on the license.

No femsile other than the licensee, or the wife or daughter of the licensee, as tho case may be, shall be employed in the bar of any licensed house tor more than ten hours in each day of tweniy»four hours; and no female, except as aforesaid, shall be employed in the bar of any licensed house before the hour of eleven in the forenoon, or alter the hour of eleven past meridian. Breach of this section of the Act renders the licensee liable to a penalty not exceeding twenty pounds for each offence. The Minister of Public Works, or any Minister acting for him, may grant Refreshment licenses for the sa ! e of alcolohic liquors at any stations on any railway constructed under the "immigration and Public Works Act, ISTS/' in such form and under terms and conditions, as the said minister shall think fit.

The Act does not prejudice or interfere with the '■Outlying Districts Sale of Spirits Act, 1870," or any proclamation made thereunder.