The Pamphlet Collection of Sir Robert Stout: Volume 29
Licensing Ordinances Amendment Ordinance 1870
Licensing Ordinances Amendment Ordinance 1870.
An Ordinance to amend the "Licensing Ordinance 1865" and the Licensing Ordinance 1865 Amendment Ordinance 1866."
[1st June 1870],
Whereas it is expedient to amend the "Licensing Ordinance 1865" and the "Licensing Ordinance 1865 Amendment Ordinance 1866" in certain particulars :
Be It Therefore Enacted by the Superintendent of the Province of Otago with the advice and consent of the Provincial Council thereof as follows :
1. This Ordinance shall be termed and may be cited and referred to as the "Licensing Ordinance Amendment Ordinance 1870."
Not necessary in certain cases to apply to the Bench for a renewal.
2. Notwithstanding anything to the contrary in the said "Licensing Ordinance 1865" contained any person who shall have obtained there under a license of any kind or description designated in the said Ordinance except a temporary license may upon application to the Provincial Treasurer and upon paying the license fee payable under the said Ordinance in respect to such license on or before the thirty-first day of December in any year obtain from such Treasurer a renewal of such license until the thirty-first day of December in the next succeeding year which renewal such Treasurer is hereby authorised to grant by an indorsement on such license to the effect that such fee has been paid and that such license has been renewed until a date to be mentioned in such indorsement. Provided nevertheless that no such person shall be entitled to such renewal and no Provincial Treasurer shall renew any such license if the Commissioner of Police or other the chief officer of police stationed within or having charge of the licensing district within which the house or premises for which such license, is held or any Justice of the Peace object to the renewal of such license by giving notice of his objection in writing to the Provincial Treasurer and to the applicant at least one calendar month before the thirty-first day of December in any year and in case such notice shall be given the holder of such license if desiring to continue the same may apply for a license in accordance with the provisions of the said Licensing Ordinance 1863 instead of a renewal under this Ordinance.
Notwithstanding the default in payment on day named Superintendent may authorise renewal in certain cases.
3. Notwithstanding the fee for the renewal of any license shall by reason of any inadvertence or accident not have been paid before the thirty-first day of December in any year the Superintendent may if he shall see fit upon a statement of the circumstances of the case verified if the Superintendent shall so require by statutory declaration direct the renewal of any license in respect to the renewal of which no objection shall have been lodged as in the last preceding section is mentioned on payment of any sum not exceeding fifteen pounds in addition to the sum payable for the particular license.
Lamp in certain cases may be dispensed with.
4. Notwithstanding anything to the contrary in the thirty-fifth section of the "Licensing Ordinance 1865" it shall be lawful for the Superintendent upon the recommendation in writing of the Commissioner of Police to exempt the holder of a general license for any premises situated within the boundaries of the City of Dunedin or within the boundaries of any incorporated town in the said Province from keeping a lamp affixed over the principal door of his house or within twenty feet thereof and from keeping the same burning from sunset to sunrise.
No additional charge to be made for confirmation by Bench of temporary transfer of license.
5. Notwithstanding anything in the "Licensing Ordinance 1865" and the "Licensing Ordinance 1865 Amendment Ordinance 1866" where a fee of one pound shall have been paid to the Provincial Treasurer for the temporary transfer of any license under the authority of the said first-mentioned Ordinance no further or additional fee for the confirmation thereof by the Bench at any subsequent licensing meeting shall be chargeable by the said Provincial Treasurer.
Premises of holder of bottle license may be inspected at any time.
6. It shall be lawful for any Justice of the Peace Commissioner Inspector or Sub-Inspector of police or police constable and for any officer of inland revenue or other officer or person appointed for that purpose by the Superintendent to enter any part of any house store and premises in or upon which the holder of any bottle license shall be authorized to sell and dispose of fermented or spirituous liquors in bottles whether such part of such house store or premises shall be ordinarily used for carrying on the business of the holder of such bottle license or not at any hour of the day or night and to search such premises for the purpose of discovering whether any breach of the said Licensing Ordieance 1865 has been or is being committed therein.
Penalty on preventing search.
7. If the holder of such bottle license or any person acting by or under his instructions or authority shall resist or obstruct any such Justice of the Peace Commissioner Inspector or Sub-Inspector of police police constable officer of inland revenue or other officer or person aforesaid in entering any such house store or premises or searching therein as aforesaid any such person so offending shall be liable to a penalty of not exceeding £20.
Licensee may absent himself from his licensed house under certain conditions.
8. Notwithstanding anything in the forty-fifth section of the said Licensing Ordinance 1865 to the contrary it shall be lawful for the holder of a General License under the said Ordinance to absent himself from his licensed house for any period not exceeding fourteen days without the permission of a Resident Magistrate. Provided that some adult member of the family of the holder of such license or some responsible person shall be left in charge of such licensed house during the absence of the holder of such license.
License may be forfeited after two convictions for keeping disorderly house.
9. If any holder of a General License under the said Licensing Ordinance 1865 shall be twice convicted within a period of twelve months of keeping a disorderly house it shall be lawful for a Resident Magistrate or any two or more Justices of the Peace upon proof of the fact to their satisfaction to declare the license held in respect of such house to be forfeited and such license shall therefore become and be absolutely void and such house shall thenceforth be held to be unlicensed.
Addition to powers conferred by Section 55 "Licensing Ordinance 1865." Superintendent may grant.
10. In addition to the powers conferred upon the Superintendent by the fifty-sixth section of the said Licensing Ordinance 1865 it shall be lawful for the Superintendent from time to time and at any time to issue licenses to be called Bush Licenses authorising the owners or occupiers of any house situate in remote or thinly populated districts to sell fermented and spirituous liquors in such house and the annual fee payable for every such license shall be the sum of Five Pounds. Provided always that no person shall be licensed by the Superintendent as aforesaid if his house be within ten miles of any house licensed under the provisions of the said Licensing Ordinance 1865 nor unless it shall appear to the Superintendent that there is need of a house for the accommodation of travellers at the spot where such house is situate.
Licenses may be issued to landlord or his nominee in certain cases of determination of tenancy.
11. If during the currency of any license granted under the said Ordinance (except a temporary license) the tenancy of the holder of such license in respect of the house or premises for which the same is held shall he determined by effluxion of time or by notice to quit or by any other means whatsoever other than the bankruptcy of the licensee it shall be lawful for the landlord or other the person entitled to the immediate reversion of and in such premises or his authorised agent to apply in writing to any Resident Magistrate or any two or more Justices of the Peace resident in the licensing district within which such house or premises are situate to issue a license for such house and premises to such landlord or other person entitled to the reversion as aforesaid or his agent or to any person to be named by such landlord or person entitled to the reversion as aforesaid or his agent in such written application And if such Resident Magistrate or Justices think fit he or they may on being satisfied of the good character of the person to be licensed and upon production of a receipt for the payment by the applicant of a fee of Five Pounds to the Provincial Treasurer at once grant to the applicant or to the persons named by him as aforesaid in respect of the said premises a license of the same kind and description as that then current for the same premises and the effect of such license shall be to authorise the person named therein to carry on the business specified in such license at the house or premises in respect of which the same is issued until the next Quarterly Licensing Meeting after such license shall have been granted and no longer, and at such meeting a new license may be issued for the said premises.
Printed under the Authority of the Provincial Government of Otago, by Mills, Dick A Co., Stafford Street, Dunedin, Printers to the said Provincial Government for the time being.