No license of any description shall be granted or renewed until the electors of the district have previously determined, in manner hereinafter provided,—

Whether the number of licenses existing in the district is to continue;

Whether the number of licenses existing in the district is to be reduced;

Whether no licenses are to be granted in the district.

On the day appointed for the taking of the poll (hereinafter called “the electoral poll”) of the electors in each electoral district for the return of a member of the House of Representatives for such district, at every general election after the commencement of this Act, and simultaneously therewith, a poll (hereinafter called “the licensing poll”) of the electors of such district shall also be taken upon the proposals to be submitted to them under this Act: Provided that—

The licensing poll shall be taken in every district, notwithstanding that in any district no electoral poll may be required to be taken for such election as aforesaid; and also that

If at any time Parliament is dissolved before it has been two years in existence, then at the taking of the electoral poll for the new Parliament no licensing poll shall be taken, but the result of the licensing poll taken at the then last previous general election shall continue in force until such poll is again taken simultaneously with the electoral poll next after the dissolution of such new Parliament.

No poll shall be valid in any district in which no electoral poll is taken unless at least one-half of the total number of electors on the roll of the district shall have recorded their votes.

At every licensing poll the questions set forth in section three hereof shall be submitted in the form of the proposals set forth in the First Schedule hereto.

Each voter shall be entitled to vote on any one or two of the proposals, and the voting shall not be cumulative.

The poll shall be taken as follows:—

Every person who refuses or neglects to comply with, or commits any breach of, any of the provisions of this Part of this Act, or misleads or gives any misdirection to a voter in any matter relating to his vote, is liable for every such offence to a penalty not exceeding twenty pounds.

The Returning Officer shall count the votes, and reject all the informal votes, and shall ascertain and determine the result of the licensing poll in manner following:—

If the Returning Officer finds—

That the number of votes recorded in favour of the proposal that the number of licenses existing in the district shall continue is an absolute majority of all the voters whose votes were recorded,—

Then such proposal, unless superseded as hereinafter provided, shall be deemed to be carried, and he shall notify the Licensing Committee thereof, and the number of licenses shall continue as they are until the taking of the next licensing poll, subject nevertheless to the power of refusing to renew licenses objected to under subsections one to four, inclusive, of section eighty-one of the principal Act; and subject also to the provisions of the Licensing Acts relating to forfeiture or increase of licenses.

If the Returning Officer finds—

That the number of votes recorded in favour of the proposal that the number of licenses existing in the district shall be reduced is an absolute majority of all the voters whose votes were recorded,—

Then such proposal, unless superseded as hereinafter provided, shall be deemed to be carried, and shall supersede the proposal for continuance of licenses, and he shall notify the Licensing Committee thereof, and the number of licenses shall be reduced in manner following:—

If the Returning Officer finds—

That the number of votes recorded in favour of the proposal that no licenses shall be granted in the district is not less than three-fifths of all the voters whose votes were recorded,—

Then such proposal shall be deemed to be carried, and shall supersede the proposals for reduction and for continuance of licenses, and he shall notify the Licensing Committee thereof; and thereafter no licenses of any description shall be granted therein until after another licensing poll has been taken.

If the Returning Officer finds—

That none of the proposals respecting licenses in the district is carried by the prescribed majority,—

Then he shall notify the Licensing Committee thereof, and the number of licenses shall continue as they are until the taking of the next licensing poll, subject nevertheless to the power of refusing to renew licenses objected to under subsections one to four inclusive of section eighty-one of the principal Act, and subject also to the provisions of the Licensing Acts relating to forfeiture or increase of licenses.

As soon as conveniently may be after the result of the licensing poll has been ascertained, the Returning Officer shall give public notice, in the form in the Third Schedule hereto or to the like effect, 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 aforesaid proposals, and shall declare the result of the poll respecting licenses in the district accordingly.

Such notice shall be binding on the Licensing Committee.

As soon as the licensing poll has been taken, all the voting-papers used and unused thereat shall be packed in separate parcels, apart from the ballot-papers used at the electoral poll, and transmitted by the Returning Officer to the Clerk of the Magistrate’s Court nearest to the principal polling-place, and the said Clerk shall hold the said parcels in manner as provided by section thirty-seven of “The Regulation of Local Elections Act, 1876.”

Every day on which the election of the Licensing Committee takes place, or upon which the poll for local option under this Act is taken, shall be and be deemed to be a public holiday after mid-day, and such half-holiday shall be deemed to be a holiday within the meaning of the several statutes for the time being in force referring to public holidays; and, further, between the hours of twelve o’clock noon and seven o’clock in the evening it shall be unlawful to sell intoxicating liquors in any licensed premises.

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.

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:—

If such event is the result of a poll under the Licensing Acts, then, in lieu of the proposals set forth in the First Schedule hereto, the proposals set forth in the Second Schedule hereto shall be submitted; and the voting-paper shall be framed accordingly.

All the foregoing provisions of this Act relating to the licensing poll shall, mutatis mutandis, apply to the poll under this section, save that each voter shall be entitled to vote for any one of the proposals submitted.

If the Returning Officer finds—

That the number of votes recorded in the district in favour of the proposal that licenses shall be restored therein is not less than three-fifths of all the voters whose votes were recorded,—

Then, but not otherwise, the Committee, at its first annual licensing meeting thereafter, shall grant licenses (if applied for) in the district to the extent of not more than the number nor less than fifty per centum of the number of each description of license that existed in the district at the time when the grant of existing licenses in such district was last prohibited pursuant to a poll taken under the Licensing Acts.

Subsection five of section three of the principal Act shall be read subject to the following provisions, that is to say:—

In the session of the General Assembly to be held after the next general election of members of the House of Representatives, and thereafter in the first session of each new Parliament, on the fourth Tuesday after the Address in Reply has been determined by such House, the Clerk of each House shall conduct a poll, at which members of such House shall vote on the question, “Shall liquor be sold within the precincts of the Parliament Buildings during the remainder of the present Parliament?”— “Aye” or “No.”

The result of the poll shall in each case be forthwith reported by the Clerk of each House to the Speaker thereof.

If when the votes taken in both Houses are added together a majority of those voting record their votes “No,” then no liquor shall be sold within the precincts of the Parliament Buildings during the remainder of the term of the then existing Parliament and until the poll shall be taken hereunder during the next ensuing Parliament.

The Speakers of the Houses shall thereupon meet, and, having ascertained the result of the poll, shall, in case of the majority of the votes being in the negative, give directions that no liquor shall be sold within the precincts of the Parliament Buildings during the term of the then existing Parliament, and until the poll shall be taken hereunder during the next ensuing Parliament.

If in like manner a majority of those voting record their votes “Aye,” then the Speakers of both Houses shall give authority for the sale of liquor till the close of the last session of the then existing Parliament, and until the poll shall be taken hereunder during the next ensuing Parliament. The voting on this question shall be by open voting and not otherwise.

In case of equality of votes, the Clerk of the Legislative Council shall have a casting-vote.

The provisions of section thirty-three shall not apply to Bellamy’s

No charter shall be granted for a club in premises in respect of which a club charter has been revoked, or a publican’s license has been taken away or forfeited, under the Licensing Acts.

The provisions of section thirty-three shall not apply to clubs.

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.

All costs and expenses incident to the election and the meetings of the Committee, including charges for printing and advertising the necessary notices relating thereto, as also the actual cost of the travelling-expenses incurred by the Chairman or any member of a Committee or the Clerk thereof in attending any meeting, and the salary of such Clerk, and also such reasonable remuneration to the Clerk of the controlling authority of the district as, having regard to the additional duties imposed on him by the Licensing Acts, such local authority thinks proper, shall be paid by the controlling local authority of the district, subject to the following provisions:—

Section ten of “The Alcoholic Liquors Sale Control Act, 1893,” is hereby repealed.

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.

No new bottle license shall be granted within any licensing district after the commencement of this Act.

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.

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.

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.

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.

All the powers by the Licensing Acts conferred upon the 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.

In case any district fails 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.

A Committee is deemed not to be elected in any case where the whole number of such Committee is not elected.

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.

The principal Act is hereby amended as follows:—

As to section thirty-five, by adding at the end of that section the following proviso:—

As to section thirty-six, by inserting next after the word “amusement,” the words “or at any cattle sale-yards.”

As to section fifty-six, by inserting the words “of issue” after the word “days,” in line eight.

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.

As to section one hundred and fifty-six, by repealing that section, and enacting in lieu thereof the following:—

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.”

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.”

As to section two hundred and eight, by adding thereto the following paragraph:—

In every case where an application for 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:—

The license shall be deemed to be extended until the application for renewal is finally disposed of:

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:

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.

If any person,—

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.

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:

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, be 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.

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.

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.

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.

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 necessary 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.

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.

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.

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.

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.

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.

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.

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.

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:—

It shall not be lawful for any person whomsoever—

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.

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.

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.

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.

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.

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.

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.

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.

Nothing in this section shall apply to offences under section one hundred and seventy-three of the principal Act.

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 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 void.

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.

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.

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.

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.

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.