Licensing Amendment
Licensing Amendment
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Licensing Amendment
Licensing Amendment
Public Act |
1952 No 79 |
|
Date of assent |
24 October 1952 |
|
Contents
An Act to amend the Licensing Act 1908.
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.
This Act may be cited as the Licensing Amendment Act 1952, and shall be read together with and deemed part of the Licensing Act 1908 (hereinafter referred to as the principal Act).
2 Prior approval of Magistrate to sale of liquor at fairs, &c., in licensing Trust districts.
1949, No. 43
(1)
Section thirty-two of the Licensing Trusts Act 1949 is hereby amended as follows:—
(a)
By inserting in subsection two, after the word “may”
, the words “with the prior approval of a Magistrate”
:
(b)
By omitting from subsection three the words “as it thinks fit”
, and substituting the words “as may be approved by the Magistrate”
.
1947, No. 35
(2)
Section thirty-two of the Masterton Licensing Trust Act 1947 is hereby amended as follows:—
(a)
By inserting in subsection two, after the word “may”
, the words “with the prior approval of a Magistrate”
:
(b)
By omitting from subsection three the words “as it thinks fit”
, and substituting the words “as may be approved by the Magistrate”
:
(c)
By repealing subsection five.
1950 No. 33
(3)
Section thirty-three of the Invercargill Licensing Trust Act 1950 is hereby amended as follows:—
(a)
By inserting in subsection four, after the word “may”
, the words “with the prior approval of a Magistrate”
:
(b)
By omitting from subsection five the words “as it thinks fit”
, and substituting the words “as may be approved by the Magistrate”
.
3 Wine-seller’s license may be granted to licensed auctioneer.
Section seventy-two of the principal Act is hereby amended by inserting in the second proviso to subsection two, after the words “a wholesale licence”
, the words “or a wine-seller’s licence, or both”
.
4 Repeal provisions of prohibiting women from holding licences.
(1)
Section seventy-two of the principal Act is hereby further amended by repealing subsection three.
(2)
Section one hundred and thirty-four of the principal Act is hereby repealed.
(3)
Section eighty-eight of the Destitute Persons Act 1910 is hereby consequentially repealed.
5 Grant and and renewal of wholesale licences.
(1)
Section eighty-three of the principal Act is hereby amended by inserting, after the words “publicans’ licences”
, the words “wholesale licences”
.
(2)
Section eighty-four of the principal Act is hereby amended by omitting from subsection one the words “or wholesale”
.
(3)
Section eighty-five of the principal Act is hereby amended by inserting in subsection one, after the word “publican’s”
, the words “or wholesale”
.
Repeals. 1949, No. 31
(4)
Section one hundred of the principal Act and section nine of the Licensing Amendment Act 1949 are hereby repealed.
(5)
The Seventh Schedule to the principal Act is hereby amended by omitting from form No. 5 the words “[or the Chairman and two members of the Licensing Committee of the District of have]”
.
(6)
The form of notice of application for a wholesale licence set out in the Eighth Schedule to the principal Act, as amended by subsection two of section nine of the Licensing Amendment Act 1949, is hereby further amended by omitting the words “at the expiration of fourteen days from this date apply to the Licensing Committee or to the Chairman and two members thereof”
, and substituting the words “at the next licensing meeting to be held at , on the day of , 19 , apply”
.
(7)
The form of certificate to authorize the issue of a wholesale licence set out in the Tenth Schedule to the principal Act is hereby amended by omitting the words “[or I, the Chairman, and E. F. and G. H., being two members of that Licensing Committee, on the day of , 19]”
.
6 Supply of liquor to minors.
(1)
The principal Act is hereby amended by repealing section two hundred and two, and substituting the following section:—
“202
“(1)
Every person commits an offence against this Act and is liable to a fine not exceeding ten pounds who, being the holder of a licence of any description under this Act, or the holder of a brewer’s licence under Part III of the Finance Act 1915, supplies any intoxicating liquor, or allows it to be supplied, whether by sale or otherwise, to any person who is apparently under the age of twenty-one years and who is not resident on, or a bona fide guest or lodger in, the premises on or from which the liquor is supplied.
“(2)
Every person commits an offence against this Act and is liable to a fine not exceeding two pounds who, being under the age of twenty-one years, purchases any intoxicating liquor from the holder of any such licence as aforesaid, or from the wife or any employee or agent of the holder of any such licence as aforesaid, unless the person purchasing the liquor is resident on, or a bona fide guest or lodger in, the premises on or from which the liquor is purchased.
“(3)
Every person commits an offence against this Act and is liable to a fine not exceeding two pounds who, being under the age of twenty-one years, is found in any public bar or private bar of any licensed premises, unless he is resident on the premises or is a bona fide guest or lodger therein. For the purposes of this subsection, the expression ‘private bar’ means any part of any licensed premises, other than a public bar, that is used principally or exclusively for the sale, supply, or consumption of intoxicating liquor.
“(4)
Where any person appearing to be under the age of twenty-one years requests the supply of any liquor to him, or is found in any such bar or private bar as aforesaid, any constable, or the licensee to whom the request is made, or the licensee of the licensed premises where that person is so found, or the wife or any employee or agent of any such licensee as aforesaid, may demand particulars of that person’s age, name, and address. If there is reasonable ground to suppose that any particulars so given by him are false, the person demanding the particulars may require him to supply satisfactory evidence of the correctness thereof.
“(5)
Every person commits an offence against this Act and is liable to a fine not exceeding five pounds who, being required under this section to give particulars of his age, name, and address, fails to give those particulars, or gives any false particulars, or supplies any false evidence with respect thereto.”
Repeal. 1948, No. 74
(2)
Section one hundred and fifteen of the Licensing Amendment Act 1948 is hereby consequentially repealed.
7 Section 212 of principal Act (as to prohibition orders) amended.
Section two hundred and twelve of the principal Act is hereby amended by omitting from subsection two (which provides that any person may apply to a Magistrate for a prohibition order to be made against himself on certain grounds) the words “on any of the grounds set forth in this section”
.
8 Section 54 of principal Act (as to meetings of Licensing Committee) amended.
(1)
Section fifty-four of the principal Act is hereby amended by repealing subsections four and five, and substituting the following subsections:—
“(4)
Meetings of the Licensing Committee shall be held at such times and at such places, not being licensed premises, as are appointed by the Chairman.
“(5)
Every meeting of the Licensing Committee shall be held at a place within the licensing district:
“Provided that any such meeting may be held at any place outside the licensing district where in the opinion of the Chairman the meeting cannot conveniently be held within the district.”
(2)
The said section fifty-four is hereby further amended by omitting from subsection one the words “in such district”
.
Repeal. 1948, No. 74
(3)
Section ninety-nine of the Licensing Amendment Act 1948 is hereby amended by repealing paragraph (b).
9 Special meetings of Licensing Committee for certain purposes.
(1)
The Licensing Amendment Act 1948 is hereby amended by inserting, after section fifty-eight, the following section:—
“58a
The Chairman of the Licensing Committee may at any time call a special meeting of the Committee for the purpose of dealing with any matter arising under section fifty-five, section fifty-seven, or section fifty-eight of this Act.”
(2)
Section fifty-five of the said Act is hereby amended by omitting from subsection two the words “For the purposes of this section the provisions of the principal Act shall apply to every such special meeting in all respects as if it were a quarterly licensing meeting”
, and substituting the words “pursuant to section fifty-eight a of this Act”
.
10 Power of Licensing Committee to revoke decision granting licence where requirements not complied with.
(1)
Section fifty-seven of the Licensing Amendment Act 1948 is hereby amended by inserting, after subsection one, the following subsections:—
“(1a)
The Licensing Committee may at the same time, or at any time thereafter, fix a period within which such requirements as aforesaid are to be complied with, and may from time to time extend the period so fixed as it thinks fit.
“(1b)
If within the period so fixed, or any extended period as aforesaid, the said requirements are not complied with, or provision for compliance therewith has not been made, to the satisfaction of the Licensing Committee, the Chairman of the Committee may give notice in writing to the applicant and to the owner of the premises calling upon them to appear before the Committee at a time and place to be specified in the notice, being a quarterly licensing meeting or a special meeting to be held not earlier than ten clear days after the giving of the notice, to show cause why the notification under subsection one of this section should not be revoked. The owner of the premises shall be deemed to be a party to any proceedings under this subsection.
“(1c)
After hearing any such person as aforesaid, or any counsel, solicitor, or agent appearing on his behalf, or if no such person appears at the meeting, the Licensing Committee may, if it thinks fit, revoke the notification given under subsection one of this section and declare the application for the licence to be refused, or extend the period for compliance as aforesaid.
“(1d)
If under the last preceding subsection the Licensing Committee declares the application to be refused, the Committee shall again cause public notice to be given of its intention to consider applications for the licence, and the provisions of sections fifty-two to fifty-six of this Act, and the provisions of this section, shall apply.”
(2)
The said section fifty-seven is hereby further amended by inserting in subsection two, after the words “Licensing Committee”
, the words “within the period so fixed or extended as aforesaid”
.
11 Section 58 of Licensing Amendment Act 1948 (as to powers of Licensing Committee) amended.
1948, No. 74
(1)
Section fifty-eight of the Licensing Amendment Act 1948 is hereby amended by omitting from subsection one the words “the grant or renewal of any publican’s licence or tourist-house licence, or the renewal of any accommodation licence, including the renewal of any licence in force on the passing of this Act, may in the discretion of the Licensing Committee be made subject to the condition that the licensee shall”
, and substituting the words “the Licensing Committee may, in its discretion, at any quarterly licensing meeting or at any special meeting of the Committee, direct that the holder of any publican’s, tourist-house, or accommodation licence shall”
.
(2)
The said section fifty-eight is hereby further amended by adding to subsection one the following proviso:—
“Provided that no such direction as aforesaid shall be given to any licensee unless, at least ten clear days before the meeting, the Chairman of the Licensing Committee has given notice in writing to the licensee, and to the owner of the premises, specifying the time and place at which the meeting is to be held and the matters to be considered at the meeting, in so far as those matters affect the licensee or the owner of the premises.”
(3)
The said section fifty-eight is hereby further amended by inserting, after subsection one, the following subsection:—
“(1a)
Subject as aforesaid, the grant or renewal of any publican’s licence or tourist-house licence, or the renewal of any accommodation licence, including the renewal of any licence in force on the passing of this Act, may in the discretion of the Licensing Committee be made subject to the condition that the licensee shall comply with any such direction as aforesaid.”
(4)
The said section fifty-eight is hereby further amended by repealing subsection five, and substituting the following subsections:—
“(5)
For the purpose of enabling its requirements or any requirements of the Commission under this Act to be satisfied, the Chairman of the Licensing Committee may give notice in writing to any licensee calling upon him to appear before the Committee at a time and place to be specified in the notice, being a quarterly licensing meeting or a special meeting to be held not earlier than ten clear days after the giving of the notice, to show cause why his licence should not be suspended. A copy of the notice shall be served on the owner of the premises.
“(6)
After hearing the licensee and the owner or such one of them as appears, or any counsel, solicitor, or agent appearing on behalf of the licensee or the owner, or if no such person appears at the meeting, the Licensing Committee may, if it thinks fit, suspend the licence or grant a temporary licence for such period and upon such conditions as it thinks fit. While any licence is so suspended the holder of the licence shall be deemed not to be a licensed person and the premises shall be deemed not to be licensed premises.
“(7)
Any owner of licensed premises to whom any notice is given under subsection one or subsection five of this section shall be deemed to be a party to the proceedings to which the notice relates.”
12 Power of Commission t award costs on appeal.
1948, No. 74
Section sixty-five of the Licensing Amendment Act 1948 is hereby amended by adding the following subsection :—
“(8)
On any appeal under this section, or on the dismissal of an appeal under this section for want of prosecution, the Commission may order that any party to the appeal shall pay to any other party such sum by way of costs as the Commission considers just and reasonable. The provisions of section twelve of the Commissions of Inquiry Act 1908 shall apply with respect to the enforcement of any such order as if it were an order for the payment of costs under that Act.”
13 Procedure on appeal to Supreme Court against cancellation or suspension of, or refusal to renew, brewer ’s licence.
Ibid., Vol. VII, p. 259
(1)
Section forty-eight of the Finance Act 1917 is hereby amended by repealing subsections four and five, as substituted by subsection four of section seventy-two of the Licensing Amendment Act 1948, and substituting the following subsections:—
“(4)
Every person intending to appeal under this section shall, within the said period of fourteen days, file in the office of the Supreme Court a notice in writing stating his intention to appeal against the decision. It shall not be necessary to state in the notice the grounds of the appeal.
“(5)
Either before or immediately after the filing of the notice of appeal, a copy of the notice shall be delivered or sent to the Secretary of the Licensing Control Commission.
“(5a)
The operation of the decision appealed against shall be suspended until the final determination of the appeal.
“(5b)
If, in the case of the cancellation or suspension of a licence, or in the case of the refusal to renew a licence, the appeal is not finally determined within the time prescribed for the renewal of the licence, the following provisions shall apply :—
“(a)
The licence shall be deemed to be extended until the final determination of the appeal:
ibid., p. 248
“(b)
The supervision fees that would have been payable if the licence had been renewed shall be payable at the time and in the manner prescribed by section thirty-eight of the Finance Act 1915 as if the licence had been renewed, and the provisions of that section shall apply accordingly:
“(c)
If on the determination of the appeal the decision appealed against is reversed, the licence shall be renewed, unless it is surrendered by the brewer.
“(5c)
The Supreme Court may, on hearing the appeal, confirm, modify, or reverse the decision appealed against, and the decision of the Court shall be final and binding on all parties.
“(5d)
For the purposes of hearing and determining the appeal the Court shall have all the powers vested in it in its ordinary civil jurisdiction, including the power to make an order as to costs.”
Repeal. 1948, No. 74
(2)
Section seventy-two of the Licensing Amendment Act 1948 is hereby consequentially amended by repealing subsection four.
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