New Zealand. Analysis.
Title | |
1. | Short Title. |
2. | Interpretation. Division into Parts. Commencement of section 3. Repeal. |
Part I.
Licensing Poll.
(1). How Poll to be taken.
3. | Grant of licenses subject to vote of electors. |
4. | Poll to be taken on day of general election. |
5. | Questions to be submitted to poll. |
6. | Number of proposals to be voted on. |
7. | Provisions subject to which poll to be taken. |
8. | When proposal deemed to be carried. |
9. | Declaration of result of poll. Effect thereof. |
10. | Day of election to be a public half-holiday. |
(2). Result of Poll, and Procedure thereon.
11. | Statement to be sent to Minister. |
(3). Restoration of Licenses.
12. | How poll to be taken. Effect if restoration carried. |
Part II.
Miscellaneous Amendments of the Licensing Law.
(1). Bellamy's.
13. | Poll of members to be taken as to whether liquor to be sold. |
(2). Clubs.
14. | No charter for premises where, license forfeited. |
(3). Railway Refreshment-rooms.
15. | No railway refreshment-room licenses where licenses prohibited. |
(4). Costs of Elections and Meetings.
16. | Cost of elections and administration to be paid by local authorities. |
17. | Increase of rates in case of loss of revenue. |
(5). General.
18. | No new bottle licenses to be granted. |
19. | Election of members of Licensing Committee. |
20. | Powers of Chairman and two members. |
21. | Procedure on failure to elect Committee. |
22. | Amendments of principal Act. |
23. | Provisions where license not renewed before expiry of old license. |
24. | Penalties for sale of liquor to Natives. |
25. | Prohibition orders against aboriginal natives. |
26. | Penalty for prohibited person entering hotel. |
27. | Penalty for accompanying him. |
28. | Committee may waive certain omissions. |
29. | Neglect of tenant to apply for license. |
30. | Determination of lease by lessee. |
31. | Certificates, &c., to be signed by Chairman. Pees, how paid. |
32. | Construction of section 21 of Act of 1893. |
33. | Provisions in force in districts where "no license" vote has been carried. |
34. | Hearing of prosecutions for breach of Licensing Acts. |
35. | Tied houses. |
36. | Inspectors, other than officers of police, to be appointed. Schedules. |
1895, No. 45. An Act to amend "The Alcoholic Liquors Sale Control Act, 1893." Title.
Be it Enacted
by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—1. | Short Title. The Short Title of this Act is "The Alcoholic Liquors Sale Control Act Amendment Act, 1895." | ||||||||
2. |
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Part I.
Licensing Poll.
(1). How Poll to be taken.
(2). Result of Poll, and Procedure thereon.
11. | Statement to be sent to Minister. As soon as conveniently may be after the result of the licensing poll has been notified as aforesaid, the Returning Officer shall forward to the Minister a statement of the total number of voters whose votes are recorded at the poll, and of the number of votes recorded in favour of each of the proposals submitted thereat, together with a statement of the result of the poll. |
(3). Restoration of Licenses.
12. |
How poll to be taken. In the event of there being no publicans' licenses existing in any district at the time when the licensing poll is to be taken therein, the following provisions shall apply:—
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Part II.
Miscellaneous Amendments of the Licensing Law.
(1). Bellamy's.
13. |
Poll of members to be taken as to whether liquor to be sold. Subsection five of section three of the principal Act shall be read subject to the following provisions, that is to say:—
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(2). Clubs.
14. |
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(3). Railway Refreshment-rooms.
15. | No railway refreshment-room licenses where licenses prohibited. No license to sell liquor at a railway refreshment-room shall be granted in any district wherein the grant of licenses is prohibited as the result of a licensing poll. |
(4). Costs of Elections and Meetings.
16. |
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17. | Increase of rates in case of loss of revenue. Every local authority which suffers loss of revenue from license fees under the Licensing Acts in consequence of the reduction or prohibition of licenses in the district may make good such loss by an equivalent sum to be levied and collected by an increase of the general rates in the district, anything in any Act contained to the contrary notwithstanding. |
(5). General.
18. |
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19. |
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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. |
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22. | The principal Act is hereby amended as follows:—
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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:—
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24. |
Penalties for sale of liquor to Natives. If any person,— | ||||||||||||||||||||
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:
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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. |
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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- 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. |
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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:—
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34. |
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35. |
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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. |
Schedules.
First Schedule.
I vote that the number of lienses existing in the district continue.
I vote that the number of lienses existing in the district be reduced.
I vote that no licenses be ganted in the district.
General Directions.
The voter may strike outall the proposals except one, or all except two, but no more.
The voter must strike ontall the proposals which he does not wish to be carried.
If the voter strikes out all or fails to strike out at least one of the proposals, the voting-paper will be void.
The voting-paper so marked is to be dropped by the voter into the separate ballot-box prepared for it, and not into the same box as that in which he drops his electoral ballot-paper.
The voter is not allowd to take his voting-paper out of the polling-booth.
Second Schedule.
I vote that licensesoe restored in the district.
I vote that licensesoe not restored in the district.
General Directions.
The voter must stike out the proposal which he does not wish to be carried.
If the voter strike out both or fails to strike out one of the proposals, the voting-paper will be void.
The voting-paper so marked is to be dropped by the voter into the separate ballot-bos prepared for it, and not into the same box as that in which he drops his electoral ballot-paperr.
The voter is notallowed to take his voting-paper out of the polling-booth.
Third Schedule.
Declaration of Licensing Poll in the District.
Licensing District of
In pursuance of The Alcoholic Liquors Sale Control Act Amendment Act, 1895," I hereby give public notice of the result of the local-option poll taken under the pro-visions of the sad Act.
Number of Votes recorded.
That the number of licenses existing in the district continue…
That the number of licenses existing in the district be reduced
That o licenses be granted in the district… [ gap — reason: damaged] , as the case may be,
That lieenses be restored in the district
That licenses be not restored in the district
The total number of voters whose votes were recorded at the poll was and as the number of votes recorded in favour of the proposal that the existing number of lienses in the district continue [or be reduced, as the case may be] is an absolute maority of the total number of voters as aforesaid, I hereby declare such proposal to be carried.
[ or,
The toal number of voters whose votes were recorded at the poll was; and, as the number of votes recorded in favour of the proposal that no licenses be granted in he district [ or that licenses be restored, or be not restored, in the dis- trict, as the case may be], is not less than three-fifths of the total number of voters as aforesaid, I hereby declare such proposal to be carried.]
Dated this day of, 18.
[ or,
The total number of voters whose votes were recorded was; and, as none of the proposals respecting licenses in the district [ unclear: cotained] the prescribed majority, I declare none of them to be carried.]
Dated at, this day of, 18
Returning Officer.
Note.—All the forms in this schedule are to be altered to sit the circumstances.
Fourth Schedule.
Certificate.
I, the undersigned, A.B., Stipendiary Magistrate, and the Chairman of the Licensing Committee for the District of, do hereby certify that [&c., or otherwise at the circumstances of the case may require].
[Add, where necessary: The fee payable in respect of the license is £, and the same is payable to (name of officer), at (place), on [ gap — reason: damged] before the day of, 189.]
C.D.,
Clerk to the Licensing Committee.
A.B.,
[
unclear: Stpendiary] Magistrate.
Fifth Schedule.
The Postmaster at Please receive herewith from [full name] the sum of, and remit the same to the Clerk of the [Borough of the City of Dunedin, at Dunedin, at otherwise as the case may be], in payment of the fee for the issue [or renewal, or as the-case may be] of a license to the said [full name], in respect of his licensed premises situate at, and known as [name of hotel].
Dated this day of, 18.
Fee | £ | |
Poundage | ||
£ |