| 18. |
| (1). | No new bottle licenses to be granted. No new bottle license shall be granted within any licensing district after the commencement of this Act. |
| (2). | All such licenses in force at the commencement of this Act shall continue in force until their expiry on the thirtieth day of June then next ensuing. |
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| 19. |
| (1). | Election of members of Licensing Committee. The election of members of the Licensing Committee for each ordinary licensing district shall be held on such day in the month of March as the Returning Officer of the district appoints in that behalf; and he shall give not less than fourteen days' notice of the day so appointed. |
| (2). | At the first such election held after the commencement of this Act the number of members constituting such Committee shall be reduced to six, including therein, as Chairman ex officio, such Stipendiary Magistrate exercising jurisdiction in the district as the Governor from time to time appoints in that behalf. |
| (3). | Subsection one of section seven of "The Alcoholic Liquors Sale Control Act, 1893," is hereby modified in so far as it is in any way inconsistent with the provisions of this section. |
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| 20. | Powers of Chairman and two members. All the powers by the Licensing Acts conferred upon tne Chairman or any two members of a Licensing Committee to deal with licenses shall be exercised by such Chairman and two members jointly, and not separately. |
| 21. |
| (1). | Procedure on failure to elect Committee. In case any district tails or neglects to elect a Licensing Committee at the time appointed, the Stipendiary Magistrate who, if such Committee had been duly elected, would be the Chairman thereof shall himself be deemed to constitute the Committee, and shall exercise all the powers and functions by the Licensing Acts conferred upon the Committee or on any members thereof until the time appointed for the next periodical election of the Committee. |
| (2). | A Committee is deemed not to be elected in any case where the whole number of such Committee is not elected. |
| (3). | Subsection five of section seven of "The Alcoholic Liquors Sale Control Act, 1893," is hereby repealed: Provided that where prohibition prevails in any district it shall be unnecessary to elect a Committee. |
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| 22. | The principal Act is hereby amended as follows:—
| (1). | Amendments of principal Act. As to section thirty-five, by adding at the end of that section the following proviso:—
- "Provided that no such license shall henceforth be granted, or, if already granted, shall be renewed, in any district so long as the electors therein have duly determined in manner prescribed by the Licensing Acts that no licenses be granted therein."
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| (2). | As to section thirty-six, by inserting next after the word "amusement," the words "or at any cattle sale-yards." |
| (3). | As to section fifty-six, by inserting the words "of issue" after the word "days," in line eight. |
| (4). | As to section ninety-seven, by repealing the words "licensing district," in the third line of the section, and inserting in lieu thereof the following words: "undivided borough, or ward of a divided borough, or town district, or riding of a county, or road district, being in no case further than one-quarter of a mile by the nearest road from such licensed premises": Provided, however, that this subsection shall not take effect until the first day of May, one thousand eight hundred and ninety-six.page 10.gif) |
| (5). | As to section one hundred and fifty-six, by repealing that section, and enacting in lieu thereof the following:—
| "(a.) | 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, or a bond fide traveller seeking refreshment on arriving from a journey: Provided that the liquor so sold is personally consumed on the premises by such traveller and by no other person. |
| "(b.) | The burden of proving any person to be a lodger or traveller shall be upon the person alleging the fact, and any person falsely alleging himself to be a lodger or traveller shall be liable on conviction to a penalty not exceeding ten pounds." |
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| (6). | As to subsection three of section two hundred and one, by adding at the end of that subsection the following: "and shall forthwith send notice of such conviction to the owner or lessor of the premises occupied by the licensed person so convicted." |
| (7). | As to section two hundred and six, by inserting after the words "one hundred and sixty-sixth sections of this Act" the words "or any offence referred to in the one hundred and ninety-second section thereof," and after the words "supplying children with liquor" the words "and selling adulterated liquor." |
| (8). |
As to section two hundred and eight, by adding thereto the following paragraph:—
"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."
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| 23. | Provisions where license not renewed before expiry of old license. In every case where an application tor the renewal of a license has been duly made, but is not disposed of by the Committee on or before the day of the expiry of the license by effluxion of time, the following provisions shall apply:—
| (1). | The license shall be deemed to be extended until the application for renewal is finally disposed of: |
| (2). | The licensee shall pay a due proportion of the annual license fee for the period of such extension, whether the application for renewal is ultimately granted or not: |
| (3). | If the application is ultimately granted, the renewal shall date from the aforesaid expiry by effluxion of time, and the sum paid as aforesaid shall be treated as part payment of the annual license fee. |
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| 24. |
Penalties for sale of liquor to Natives. If any person,—
Sells any liquor to any male aboriginal native 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 aboriginal native whomsoever,— he commits an offence, and is liable to a penalty of not less than two nor more than ten pounds: Provided that this section shall not apply to any female aboriginal native being the wife of a European.
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| 25. | Prohibition orders against aboriginal natives. On application to the police officer of the district by any relative or friend of any male aboriginal native of New Zealand who may be found by such relative or friend drinking liquor to excess in any licensed house, the police shall forthwith render such applicant every assistance in applying to the Magistrate for the district for an order under section one hundred and sixty-seven of "The Licensing Act, 1881," to be issued against such male aboriginal native; and such order shall remain in operation until otherwise ordered by the said Magistrate:
- Provided that after the issuing of any such order any person knowingly selling, giving, or supplying liquor to such person shall be liable to a penalty not exceeding ten pounds:
- Provided also that the foregoing application may be made by any two persons being Justices of the Peace or members of a local body or of any School Committee.
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| 26. | Penalty for prohibited person entering hotel. If any person against whom a prohibition order has been made under section one hundred and sixty-seven of the principal Act enters or is found on any licensed premises at any time during the currency of such order, he is liable to a penalty 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 shall be liable to a penalty of not less than five pounds and not exceeding ten pounds. |
| 27. |
| (1). | Penalty for accompanying him. 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 penalty 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. |
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| 28. | Committee may waive certain omissions. In any case where any person has neglected or omitted to do any act or thing in the precise manner or within the precise time specified therefor by the Licensing Acts, 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. |
| 29. | Neglect of tenant to apply for license. 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 neces-page 12.gif) sary 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. |
| 30. | Determination of lease by lessee. 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 may, if he desire to terminate the lease, 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. |
| 31. |
| (1). | Certificates, &c., to be signed by Chairman. All certificates, orders, and other documents to be issued under the Licensing Acts 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; and the forms set forth in the Sixth, Seventh, Eighth, and Ninth Schedules of the principal Act are hereby modified in manner set forth in the Fourth Schedule hereto, or to that effect. |
| (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 sections sixty-nine and seventy of the principal Act. |
| (3). | Fees, how paid. 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 Fifth 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. |
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| 32. | Construction of section 21 of Act of 1893. Nothing in section twenty-one of "The Alcoholic Liquors Sale Control Act, 1893," shall be construed to affect or to have affected the position of the licenses, or any proceedings taken regarding them, in the Licensing Districts of Addington, Newtown, and Sydenham East, which were constituted under the principal Act. |
| 33. | Provisions in force in districts where "no license" vote has been carried. With respect to every district the electors whereof have duly determined in manner prescribed by the Licensing Acts 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:—
| (1). | It shall not be lawful for any person whomsoever—
| (a.) | To solicit or receive any order for any liquor within such district; nor |
| (b.) | To sell, or expose or keep for sale, any liquor within such district; nor |
| (c.) | To send (either from without or within such district) or deliver to any person residing therein, or at any page 13.gif) 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. Any Inspector appointed under the Licensing Acts 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. |
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| (2). | Every person who commits any breach of any of the provisions of this section is liable for a first offence to a penalty not exceeding fifty pounds, and for a second or any subsequent offence to imprisonment for any term not exceeding three months. |
| (3). | 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. |
| (4). | 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. |
| (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 such district. |
| (6). | 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. |
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| 34. |
| (1.) | Hearing of prosecutions for breach of Licensing Acts. All prosecutions for breach of any of the provisions of the Licensing Acts shall be heard and determined by a Stipendiary Magistrate alone, anything in the Licensing Acts to the contrary notwithstanding. |
| (2). | Any Justice or Justices of the Peace may sit in a Court with a Magistrate, but cannot in any such case act with the Magistrate, or exercise any jurisdiction whatever at such sitting. |
| (3). | Every person who commits any breach of any of the provisions of the Licensing Acts for which no specific penalty is thereby provided is liable to a penalty not exceeding five pounds. |
| (4). | Nothing in this section shall apply to offences under section one hundred and seventy-three of the principal Act. |
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| 35. |
| (1). | Tied houses, 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 page 14.gif) liquors from any other person or body corporate to the exclusion of any other persons or bodies corporate, shall, if entered into after the passing of this Act, have any force or validity whatever. And every bond bill of exchange, or promissory note, given after the passing of this Act for the purpose of securing the performance of any such covenant or agreement, condition, provision, or stipulation shall be |
| (2). | Every deed, memorandum, or other document which shall contain any such covenant, agreement, condition, or stipulation as aforesaid shall be read and construed as if such covenant, agreement, condition, proviso, or stipulation were omitted therefrom. |
| (3). | Every estate, right, title, and interest, or other benefit which shall be declared or purport to be devested or forfeited for or on account of the non-performance or non-observance of any such covenant, agreement, condition, 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, or stipulation. |
| (4). | Every limitation, right of entry, or other estate or interest in real or personal property, or any other benefit whatever which shall be declared or purport to take place, or effect, or to accrue, or vest on the breach or non-performance of any such covenant, agreement, condition, or stipulation, shall be void. |
| (5). | When any person shall have entered into any such covenant or agreement, or purport 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 shall have 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. |
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| 36. | Inspectors other than officers of police to be appointed. 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 the Licensing Act and the sale of adulterated liquor; and all powers conferred by the said Acts upon officers of police shall be exercised by such Inspectors: but nothing herein contained, and no appointment made under the provisions hereof, shall annul or diminish the duty or responsibility imposed upon officers of police by the said Acts. |
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sary 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.
