Licensing Trusts Amendment Act 1962
Licensing Trusts Amendment Act 1962
Licensing Trusts Amendment Act 1962
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Licensing Trusts Amendment Act 1962
Public Act |
1962 No 141 |
|
Date of assent |
14 December 1962 |
|
Contents
An Act to amend the Licensing Trusts Act 1949, the Masterton Licensing Trust Act 1947, and the Invercargill Licensing Trust Act 1950
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 and commencement
(1)
This Act may be cited as the Licensing Trusts Amendment Act 1962.
(2)
This Act shall come into force on the first day of June, nineteen hundred and sixty-three:
Provided that sections 3, 12, and 21 of this Act shall come into force on the first day of April, nineteen hundred and sixty-three.
Part I Licensing Trusts
2 This Part to be read with Licensing Trusts Act 1949
This Part of this Act shall be read together with and deemed part of the Licensing Trusts Act 1949 (in this Part referred to as the principal Act).
3 Remuneration of members
The principal Act is hereby amended by inserting, after section 8 (as substituted by subsection (1) of section 2 of the Licensing Trusts Amendment Act 1953), the following section:
“8a.
The Trust may pay to each of its members, other than the Chairman, remuneration at the rate of thirty shillings in respect of each meeting of the Trust or of any committee of the Trust attended by him:
“Provided that the total amount that may be paid under this section to any member in any financial year shall not exceed the sum of seventy-eight pounds.”
4 Premises in which liquor may be sold
The principal Act is hereby further amended by repealing section 32, and substituting the following section:
“32.
“(1)
Liquor may be sold in the district by or on behalf of the Trust in such premises as the Trust may determine, and it shall not be necessary for any licence under the Sale of Liquor Act 1962 to be issued to the Trust or to any person selling liquor on behalf of the Trust.
“(2)
The Trust may, with the prior approval in each case of the Minister, establish and maintain taverns for the sale of liquor in premises (other than a restaurant) in which accommodation is not provided for the travelling public:
“Provided that nothing in this subsection shall be construed to limit or affect the duty of the Trust under this Act to provide premises for the accommodation of the travelling public.
“(3)
Any approval given by the Minister under subsection (2) of this section may be given on and subject to such terms and conditions as the Minister thinks fit, and may at any time be varied or revoked.
“(4)
Except in the case of any tavern established pursuant to subsection (2) of this section or of any restaurant premises of a standard approved by the Minister under section 28a of this Act or of any premises established temporarily pursuant to section 33 of this Act, and except in the case of booth premises at which liquor is sold pursuant to the succeeding provisions of this section, liquor shall not be sold for consumption on the premises where it is sold unless on those premises reasonable and adequate provision is made for the supply of accommodation and meals to the public.
“(5)
With the prior approval of a Magistrate, liquor may be sold at any place, on any occasion or at any event in respect of which a booth licence could be granted under the Sale of Liquor Act 1962,—
“(a)
By the Trust; or
“(b)
By any person holding a written permit granted by the Trust in that behalf, upon and subject to any terms and conditions imposed pursuant to subsection (6) of this section.
“(6)
On any application being made for a permit under subsection (5) of this section, the Trust may in its discretion refuse to grant a permit, or may grant a permit upon and subject to such terms and conditions as may be approved by the Magistrate.
“(7)
For the purposes of subsection (5) of this section—
“(a)
Liquor may be sold for consumption only on the booth premises where it is sold, and only on such days and during such hours as may be approved by the Magistrate, not being days during which licensed premises are required to be closed for the sale of liquor, and not being before nine o’clock in the morning or after six o’clock in the evening on any other day:
“(b)
The provisions of subsections (2) and (5) of section 69 of the Sale of Liquor Act 1962 shall apply as if the Trust or the holder of the permit were the holder of a booth licence under that Act.”
5 Situation of hotels
Section 34 of the principal Act is hereby amended by repealing subsections (3) to (13), and substituting the following subsections:
“(3)
The Trust shall give notice, by advertisement published twice in a newspaper circulating in the Trust district with an interval of not less than five nor more than ten days between each publication of the advertisement, of its intention to establish any hotel.
“(4)
The site of the proposed hotel shall be sufficiently described or referred to in the notice to enable it to be readily identified without the necessity of reference to the plans or records of any office.
“(5)
The provisions of subsections (5) to (11) and (13) of section 92 of the Sale of Liquor Act 1962 (which relate to the making of objections to the Town and Country Planning Appeal Board against a proposal to establish hotel or tavern premises) shall apply as if the Trust were an applicant for a licence for premises on that site and as if the reference to the Commission in the said subsection (11) were omitted.
“(6)
If the Town and Country Planning Appeal Board upholds any objection made pursuant to subsection (5) of this section, the Trust shall not establish the hotel on that site.
“(7)
For the purposes of this section, the term ‘hotel’ includes any premises (other than a restaurant, and other than booth premises) intended to be used for the retail sale or supply of liquor in quantities of less than two gallons to any one person at any one time.”
6 Application of certain provisions of Sale of Liquor Act 1962 to the Trust and the Trust district
(1)
The principal Act is hereby further amended by inserting, after section 34, the following section:
“34a.
“(1)
Subject to the modifications set out in the First Schedule to this Act, and to all other necessary modifications, the provisions of Parts VII, VIII, XI, and XII and sections 60, 64, 67 (except subsection (4)), 71, 289, 292 to 294, and 298 of the Sale of Liquor Act 1962, except so far as they are inconsistent with any of the provisions of this Act, shall apply to the Trust district, and shall apply to the Trust, and to premises maintained by the Trust in which liquor is sold or supplied by it or on its behalf, as if the Trust were a licensed person and the said premises were licensed premises.
“(2)
Subject as aforesaid, for the purposes of such of the provisions of the Sale of Liquor Act 1962 as by virtue of this section are applicable to the Trust or to premises maintained by the Trust, the following provisions shall apply:
“(a)
Premises in which accommodation is provided for the travelling public and in which liquor is sold or supplied shall be deemed to be premises in respect of which a hotel premises licence is in force:
“(b)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied (otherwise than as part of a meal) in quantities of less than two gallons to any one person at any one time, shall be deemed to be premises in respect of which a tavern premises licence is in force:
“(c)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied in quantities of not less than two gallons to any one person at any one time, shall be deemed to be premises in respect of which a wholesale licence is in force:
“(d)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied as part of a meal, shall be deemed to be premises in respect of which a restaurant licence is in force:
“(e)
In respect of any premises to which paragraph (a) or paragraph (b) of this subsection applies, the Trust shall be deemed to be the holder of a premises licence and of a hotelkeeper’s or, as the case may require, a tavernkeeper’s licence, and the person for the time being charged with the management of the premises shall be deemed to be a manager duly appointed under the Sale of Liquor Act 1962:
“(f)
In respect of any premises to which paragraph (c) of this subsection applies, the Trust shall be deemed to be the holder of a wholesale licence:
“(g)
In respect of any premises to which paragraph (d) of this subsection applies, the Trust shall be deemed to be the holder of a restaurant licence, and the person for the time being charged with the management of the premises shall be deemed to be a manager duly appointed under the Sale of Liquor Act 1962.”
(2)
The principal Act is hereby further amended by repealing the First Schedule (as substituted by section 9 of the Licensing Trusts Amendment Act 1961), and substituting the new First Schedule set out in the First Schedule to this Act.
(3)
Subsection (2) of section 26 of the principal Act is hereby consequentially repealed.
7 Application of Sale of Liquor Act 1962 to certain licences and club charters within the Trust district
The principal Act is hereby further amended by repealing section 35, and substituting the following section:
“35.
All the provisions of the Sale of Liquor Act 1962 shall, so far as they are applicable, apply within the Trust district in respect of—
“(a)
Restaurant licences, and restaurant permits:
“(b)
Wine makers’ licences:
“(c)
Club charters, and special dining permits and extended hours permits for chartered clubs:
“(d)
Premises for which and persons to whom such licences, charters, and permits as aforesaid have been or may hereafter be lawfully granted.”
8 Licence fees payable to local authority
Section 36 of the principal Act is hereby amended by omitting from subsection (1) the words “the annual fee prescribed in respect of publicans’ licences by the Licensing Act 1908”
, and substituting the words “an annual fee of ten pounds”
.
9 Inspection
The principal Act is hereby further amended by inserting, after section 36, the following section:
“36a.
“(1)
The Minister may from time to time request any Inspector appointed under the Sale of Liquor Act 1962 to inspect any premises maintained by the Trust in which liquor is sold by it or on its behalf.
“(2)
For the purposes of this section it shall be the function of the Inspector, on any such request being made, to investigate and report to the Secretary for Justice on—
“(a)
The extent and nature of the accommodation, services, meals, or other facilities made available to the public on any such premises:
“(b)
The condition of any such premises, including the furniture and fittings therein and any bar and its fittings and facilities:
“(c)
The requirements of the public in relation to the provision of accommodation, services, and other facilities in the Trust district.
“(3)
For the purposes of this section the provisions of sections 206 and 207 of the Sale of Liquor Act 1962 shall apply, with all necessary modifications.
“(4)
Every Inspector who makes a report pursuant to this section shall send a copy of it to the Trust.”
10 Reports by Police and Health and Fire Officers, etc.
The principal Act is hereby further amended by inserting, after section 36a (as inserted by section 9 of this Act), the following section:
“36b.
“(1)
It shall be the duty of the Police to report to the Secretary for Justice, on or before the thirty-first day of May in every year, on the manner in which the business of premises in which liquor is sold or supplied by or on behalf of the Trust is being conducted.
“(2)
Any Medical Officer of Health, or any Inspector within the meaning of section 2 of the Health Act 1956, may on or before the said date make a report to the Secretary for Justice with respect to the sanitary condition of any such premises.
“(3)
Any Chief Fire Officer may in like manner report to the Secretary for Justice with respect to the maintenance on any such premises of safeguards against and means of warning and escape in case of fire.
“(4)
The Minister may at any time request any person or authority referred to in this section to make a report to the Secretary for Justice on any of the matters referred to in this section.
“(5)
Every person who makes a report pursuant to this section shall send a copy of it to the Trust.”
Part II Masterton Licensing Trust
11 This Part to be read with Masterton Licensing Trust Act 1947
This Part of this Act shall be read together with and deemed part of the Masterton Licensing Trust Act 1947 (in this Part referred to as the principal Act).
12 Remuneration of members
The principal Act is hereby amended by inserting, after section 9 (as substituted by subsection (2) of section 2 of the Licensing Trusts Amendment Act 1953), the following section:
“9a.
The Trust may pay to each of its members, other than the Chairman, remuneration at the rate of thirty shillings in respect of each meeting of the Trust or of any committee of the Trust attended by him:
“Provided that the total amount that may be paid under this section to any member in any financial year shall not exceed the sum of seventy-eight pounds.”
13 Premises in which liquor may be sold
The principal Act is hereby further amended by repealing section 32, and substituting the following section:
“32.
“(1)
Liquor may be sold in the district by or on behalf of the Trust in such premises as the Trust may determine, and it shall not be necessary for any licence under the Sale of Liquor Act 1962 to be issued to the Trust or to any person selling liquor on behalf of the Trust.
“(2)
The Trust may, with the prior approval in each case of the Minister, establish and maintain taverns for the sale of liquor in premises (other than a restaurant) in which accommodation is not provided for the travelling public:
“Provided that nothing in this subsection shall be construed to limit or affect the duty of the Trust under this Act to provide premises for the accommodation of the travelling public.
“(3)
Any approval given by the Minister under subsection (2) of this section may be given on and subject to such terms and conditions as the Minister thinks fit, and may at any time be varied or revoked.
“(4)
Except in the case of any tavern established pursuant to subsection (2) of this section or of any restaurant premises of a standard approved by the Minister under section 28a of this Act or of any premises established temporarily pursuant to section 33 of this Act, and except in the case of booth premises at which liquor is sold pursuant to the succeeding provisions of this section, liquor shall not be sold for consumption on the premises where it is sold unless on those premises reasonable and adequate provision is made for the supply of accommodation and meals to the public.
“(5)
With the prior approval of a Magistrate, liquor may be sold at any place, on any occasion or at any event in respect of which a booth licence could be granted under the Sale of Liquor Act 1962,—
“(a)
By the Trust; or
“(b)
By any person holding a written permit granted by the Trust in that behalf, upon and subject to any terms and conditions imposed pursuant to subsection (6) of this section.
“(6)
On any application being made for a permit under subsection (5) of this section, the Trust may in its discretion refuse to grant a permit, or may grant a permit upon and subject to such terms and conditions as may be approved by the Magistrate.
“(7)
For the purposes of subsection (5) of this section—
“(a)
Liquor may be sold for consumption only on the booth premises where it is sold, and only on such days and during such hours as may be approved by the Magistrate, not being days during which licensed premises are required to be closed for the sale of liquor, and not being before nine o’clock in the morning or after six o’clock in the evening on any other day:
“(b)
The provisions of subsections (2) and (5) of section 69 of the Sale of Liquor Act 1962 shall apply as if the Trust or the holder of the permit were the holder of a booth licence under that Act.”
14 Situation of hotels
Section 34 of the principal Act is hereby amended by repealing subsections (3) to (13), and substituting the following subsections:
“(3)
The Trust shall give notice, by advertisement published twice in a newspaper circulating in the Trust district, with an interval of not less than five nor more than ten days between each publication of the advertisement, of its intention to establish any hotel.
“(4)
The site of the proposed hotel shall be sufficiently described or referred to in the notice to enable it to be readily identified without the necessity of reference to the plans or records of any office.
“(5)
The provisions of subsections (5) to (11) and (13) of section 92 of the Sale of Liquor Act 1962 (which relate to the making of objections to the Town and Country Planning Appeal Board against a proposal to establish hotel or tavern premises) shall apply as if the Trust were an applicant for a licence for premises on that site and as if the reference to the Commission in the said subsection (11) were omitted.
“(6)
If the Town and Country Planning Appeal Board upholds any objection made pursuant to subsection (5) of this section, the Trust shall not establish the hotel on that site.
“(7)
For the purposes of this section, the term ‘hotel’ includes any premises (other than a restaurant, and other than booth premises) intended to be used for the retail sale or supply of liquor in quantities of less than two gallons to any one person at any one time.”
15 Application of certain provisions of Sale of Liquor Act 1962 to the Trust and the Trust district
(1)
The principal Act is hereby further amended by inserting, after section 34, the following section:
“34a.
“(1)
Subject to the modifications set out in the Third Schedule to this Act, and to all other necessary modifications, the provisions of Parts VII, VIII, XI, and XII and sections 60, 64, 67 (except subsection (4)), 71, 289, 292 to 294, and 298 of the Sale of Liquor Act 1962, except so far as they are inconsistent with any of the provisions of this Act, shall apply to the Trust district, and shall apply to the Trust, and to premises maintained by the Trust in which liquor is sold or supplied by it or on its behalf, as if the Trust were a licensed person and the said premises were licensed premises.
“(2)
Subject as aforesaid, for the purposes of such of the provisions of the Sale of Liquor Act 1962 as by virtue of this section are applicable to the Trust or to premises maintained by the Trust, the following provisions shall apply:
“(a)
Premises in which accommodation is provided for the travelling public and in which liquor is sold or supplied shall be deemed to be premises in respect of which a hotel premises licence is in force:
“(b)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied (otherwise than as part of a meal) in quantities of less than two gallons to any one person at any one time, shall be deemed to be premises in respect of which a tavern premises licence is in force:
“(c)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied in quantities of not less than two gallons to any one person at any one time, shall be deemed to be premises in respect of which a wholesale licence is in force:
“(d)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied as part of a meal, shall be deemed to be premises in respect of which a restaurant licence is in force:
“(e)
In respect of any premises to which paragraph (a) or paragraph (b) of this subsection applies, the Trust shall be deemed to be the holder of a premises licence and of a hotelkeeper’s or, as the case may require, a tavernkeeper’s licence, and the person for the time being charged with the management of the premises shall be deemed to be a manager duly appointed under the Sale of Liquor Act 1962:
“(f)
In respect of any premises to which paragraph (c) of this subsection applies, the Trust shall be deemed to be the holder of a wholesale licence:
“(g)
In respect of any premises to which paragraph (d) of this subsection applies, the Trust shall be deemed to be the holder of a restaurant licence, and the person for the time being charged with the management of the premises shall be deemed to be a manager duly appointed under the Sale of Liquor Act 1962.”
(2)
The principal Act is hereby further amended by repealing the Third Schedule (as substituted by section 17 of the Licensing Trusts Amendment Act 1961), and substituting the new Third Schedule set out in the Second Schedule to this Act.
(3)
Subsection (2) of section 26 of the principal Act is hereby consequentially repealed.
16 Application of Sale of Liquor Act 1962 to certain licences and club charters within the Trust district
The principal Act is hereby further amended by repealing section 35, and substituting the following section:
“35.
All the provisions of the Sale of Liquor Act 1962 shall, so far as they are applicable, apply within the Trust district in respect of—
“(a)
Restaurant licences, and restaurant permits:
“(b)
Wine makers’ licences:
“(c)
Club charters, and special dining permits and extended hours permits for chartered clubs:
“(d)
Premises for which and persons to whom such licences, charters, and permits as aforesaid have been or may hereafter be lawfully granted.”
17 Licence fees payable to local authority
Section 36 of the principal Act is hereby amended by omitting from subsection (1) the words “the annual fee prescribed in respect of publicans’ licences by the Licensing Act 1908”
, and substituting the words “an annual fee of ten pounds”
.
18 Inspection
The principal Act is hereby further amended by inserting, after section 36, the following section:
“36a.
“(1)
The Minister may from time to time request any Inspector appointed under the Sale of Liquor Act 1962 to inspect any premises maintained by the Trust in which liquor is sold by it or on its behalf.
“(2)
For the purposes of this section it shall be the function of the Inspector, on any such request being made, to investigate and report to the Secretary for Justice on—
“(a)
The extent and nature of the accommodation, services, meals, or other facilities made available to the public on any such premises:
“(b)
The condition of any such premises, including the furniture and fittings therein and any bar and its fittings and facilities:
“(c)
The requirements of the public in relation to the provision of accommodation, services, and other facilities in the Trust district.
“(3)
For the purposes of this section the provisions of sections 206 and 207 of the Sale of Liquor Act 1962 shall apply, with all necessary modifications.
“(4)
Every Inspector who makes a report pursuant to this section shall send a copy of it to the Trust.”
19 Reports by Police and Health and Fire Officers, etc.
The principal Act is hereby further amended by inserting, after section 36a (as inserted by section 18 of this Act), the following section:
“36b.
“(1)
It shall be the duty of the Police to report to the Secretary for Justice, on or before the thirty-first day of May in every year, on the manner in which the business of premises in which liquor is sold or supplied by or on behalf of the Trust is being conducted.
“(2)
Any Medical Officer of Health, or any Inspector within the meaning of section 2 of the Health Act 1956, may on or before the said date make a report to the Secretary for Justice with respect to the sanitary condition of any such premises.
“(3)
Any Chief Fire Officer may in like manner report to the Secretary for Justice with respect to the maintenance on any such premises of safeguards against and means of warning and escape in case of fire.
“(4)
The Minister may at any time request any person or authority referred to in this section to make a report to the Secretary for Justice on any of the matters referred to in this section.
“(5)
Every person who makes a report pursuant to this section shall send a copy of it to the Trust.”
Part III Invercargill Licensing Trust
20 This Part to be read with Invercargill Licensing Trust Act 1950
This Part of this Act shall be read together with and deemed part of the Invercargill Licensing Trust Act 1950 (in this Part referred to as the principal Act).
21 Remuneration of members
The principal Act is hereby amended by inserting, after section 9 (as substituted by subsection (3) of section 2 of the Licensing Trusts Amendment Act 1953), the following section:
“9a.
The Trust may pay to each of its members, other than the Chairman, remuneration at the rate of thirty shillings in respect of each meeting of the Trust or of any committee of the Trust attended by him:
“Provided that the total amount that may be paid under this section to any member in any financial year shall not exceed the sum of seventy-eight pounds.”
22 Premises in which liquor may be sold
The principal Act is hereby further amended by repealing section 33, and substituting the following section:
“33.
“(1)
Liquor may be sold in the district by or on behalf of the Trust in such premises as the Trust may determine, and it shall not be necessary for any licence under the Sale of Liquor Act 1962 to be issued to the Trust or to any person selling liquor on behalf of the Trust.
“(2)
The Trust may, with the prior approval in each case of the Minister, establish and maintain taverns for the sale of liquor in premises (other than a restaurant) in which accommodation is not provided for the travelling public:
“Provided that nothing in this subsection shall be construed to limit or affect the duty of the Trust under this Act to provide premises for the accommodation of the travelling public.
“(3)
Any approval given by the Minister under subsection (2) of this section may be given on and subject to such terms and conditions as the Minister thinks fit, and may at any time be varied or revoked.
“(4)
Except in the case of any tavern established pursuant to subsection (2) of this section or of any restaurant premises of a standard approved by the Minister under section 29a of this Act or of any premises established temporarily pursuant to section 34 of this Act, and except in the case of booth premises at which liquor is sold pursuant to the succeeding provisions of this section, liquor shall not be sold for consumption on the premises where it is sold unless on those premises reasonable and adequate provision is made for the supply of accommodation and meals to the public.
“(5)
With the prior approval of a Magistrate, liquor may be sold at any place, on any occasion or at any event in respect of which a booth licence could be granted under the Sale of Liquor Act 1962,—
“(a)
By the Trust; or
“(b)
By any person holding a written permit granted by the Trust in that behalf, upon and subject to any terms and conditions imposed pursuant to subsection (6) of this section.
“(6)
On any application being made for a permit under subsection (5) of this section, the Trust may in its discretion refuse to grant a permit, or may grant a permit upon and subject to such terms and conditions as may be approved by the Magistrate.
“(7)
For the purposes of subsection (5) of this section—
“(a)
Liquor may be sold for consumption only on the booth premises where it is sold, and only on such days and during such hours as may approved by the Magistrate, not being days during which licensed premises are required to be closed for the sale of liquor, and not being before nine o’clock in the morning or after six o’clock in the evening on any other day:
“(b)
The provisions of subsections (2) and (5) of section 69 of the Sale of Liquor Act 1962 shall apply as if the Trust or the holder of the permit were the holder of a booth licence under that Act.”
23 Situation of hotels
Section 35 of the principal Act is hereby amended by repealing subsections (3) to (13), and substituting the following subsections:
“(3)
The Trust shall give notice, by advertisement published twice in a newspaper circulating in the Trust district, with an interval of not less than five nor more than ten days between each publication of the advertisement, of its intention to establish any hotel.
“(4)
The site of the proposed hotel shall be sufficiently described or referred to in the notice to enable it to be readily identified without the necessity of reference to the plans or records of any office.
“(5)
The provisions of subsections (5) to (11) and (13) of section 92 of the Sale of Liquor Act 1962 (which relate to the making of objections to the Town and Country Planning Appeal Board against a proposal to establish hotel or tavern premises) shall apply as if the Trust were an applicant for a licence for premises on that site and as if the reference to the Commission in the said subsection (11) were omitted.
“(6)
If the Town and Country Planning Appeal Board upholds any objection made pursuant to subsection (5) of this section, the Trust shall not establish the hotel on that site.
“(7)
For the purposes of this section, the term ‘hotel’ includes any premises (other than a restaurant, and other than booth premises) intended to be used for the retail sale or supply of liquor in quantities of less than two gallons to any one person at any one time.”
24 Application of certain provisions of Sale of Liquor Act 1962 to the Trust and the Trust district
(1)
The principal Act is hereby further amended by inserting, after section 35, the following section:
“35a.
“(1)
Subject to the modifications set out in the Second Schedule to this Act, and to all other necessary modifications, the provisions of Parts VII, VIII, XI, and XII and sections 60, 64, 67 (except subsection (4)), 71, 289, 292 to 294, and 298 of the Sale of Liquor Act 1962, except so far as they are inconsistent with any of the provisions of this Act, shall apply to the Trust district, and shall apply to the Trust, and to premises maintained by the Trust in which liquor is sold or supplied by it or on its behalf, as if the Trust were a licensed person and the said premises were licensed premises.
“(2)
Subject as aforesaid, for the purposes of such of the provisions of the Sale of Liquor Act 1962 as by virtue of this section are applicable to the Trust or to premises maintained by the Trust, the following provisions shall apply:
“(a)
Premises in which accommodation is provided for the travelling public and in which liquor is sold or supplied shall be deemed to be premises in respect of which a hotel premises licence is in force:
“(b)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied (otherwise than as part of a meal) in quantities of less than two gallons to any one person at any one time, shall be deemed to be premises in respect of which a tavern premises licence is in force:
“(c)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied in quantities of not less than two gallons to any one person at any one time, shall be deemed to be premises in respect of which a wholesale licence is in force:
“(d)
Premises in which accommodation is not so provided, and in which liquor is sold or supplied as part of a meal, shall be deemed to be premises in respect of which a restaurant licence is in force:
“(e)
In respect of any premises to which paragraph (a) or paragraph (b) of this subsection applies, the Trust shall be deemed to be the holder of a premises licence and of a hotelkeeper’s or, as the case may require, a tavernkeeper’s licence, and the person for the time being charged with the management of the premises shall be deemed to be a manager duly appointed under the Sale of Liquor Act 1962:
“(f)
In respect of any premises to which paragraph (c) of this subsection applies, the Trust shall be deemed to be the holder of a wholesale licence:
“(g)
In respect of any premises to which paragraph (d) of this subsection applies, the Trust shall be deemed to be the holder of a restaurant licence, and the person for the time being charged with the management of the premises shall be deemed to be a manager duly appointed under the Sale of Liquor Act 1962.”
(2)
The principal Act is hereby further amended by repealing the Second Schedule (as substituted by section 25 of the Licensing Trusts Amendment Act 1961), and substituting the new Second Schedule set out in the Third Schedule to this Act.
(3)
Subsection (2) of section 27 of the principal Act is hereby consequentially repealed.
25 Application of Sale of Liquor Act 1962 to certain licences and club charters within the Trust district
The principal Act is hereby further amended by repealing section 36, and substituting the following section:
“36.
All the provisions of the Sale of Liquor Act 1962 shall, so far as they are applicable, apply within the Trust district in respect of—
“(a)
Restaurant licences, and restaurant permits:
“(b)
Wine makers’ licences:
“(c)
Club charters, and special dining permits and extended hours permits for chartered clubs:
“(d)
Premises for which and persons to whom such licences, charters, and permits as aforesaid have been or may hereafter be lawfully granted.”
26 Licence fees payable to local authority
Section 37 of the principal Act is hereby amended by omitting from subsection (1) the words “the annual fee prescribed in respect of publicans’ licences by the Licensing Act 1908”
, and substituting the words “an annual fee of ten pounds”
.
27 Inspection
The principal Act is hereby further amended by inserting, after section 37, the following section:
“37a.
“(1)
The Minister may from time to time request any Inspector appointed under the Sale of Liquor Act 1962 to inspect any premises maintained by the Trust in which liquor is sold by it or on its behalf.
“(2)
For the purposes of this section it shall be the function of the Inspector, on any such request being made, to investigate and report to the Secretary for Justice on—
“(a)
The extent and nature of the accommodation, services, meals, or other facilities made available to the public on any such premises:
“(b)
The condition of any such premises, including the furniture and fittings therein and any bar and its fittings and facilities:
“(c)
The requirements of the public in relation to the provision of accommodation, services, and other facilities in the Trust district.
“(3)
For the purposes of this section the provisions of sections 206 and 207 of the Sale of Liquor Act 1962 shall apply, with all necessary modifications.
“(4)
Every Inspector who makes a report pursuant to this section shall send a copy of it to the Trust.”
28 Reports by Police and Health and Fire Officers, etc.
The principal Act is hereby further amended by inserting, after section 37a (as inserted by section 27 of this Act), the following section:
“37b.
“(1)
It shall be the duty of the Police to report to the Secretary for Justice, on or before the thirty-first day of May in every year, on the manner in which the business of premises in which liquor is sold or supplied by or on behalf of the Trust is being conducted.
“(2)
Any Medical Officer of Health, or any Inspector within the meaning of section 2 of the Health Act 1956, may on or before the said date make a report to the Secretary for Justice with respect to the sanitary condition of any such premises.
“(3)
Any Chief Fire Officer may in like manner report to the Secretary for Justice with respect to the maintenance on any such premises of safeguards against and means of warning and escape in case of fire.
“(4)
The Minister may at any time request any person or authority referred to in this section to make a report to the Secretary for Justice on any of the matters referred to in this section.
“(5)
Every person who makes a report pursuant to this section shall send a copy of it to the Trust.”
Part IV Special Provisions as to New Trusts
29 This Part to be read with Licensing Trusts Act 1949
This Part of this Act shall be read together with and deemed part of the Licensing Trusts Act 1949 (in this Part referred to as the principal Act).
30 Interpretation
In this Part of this Act, unless the context otherwise requires,—
“Commission” means the Licensing Control Commission established under the Sale of Liquor Act 1962:
“New Trust” means any Licensing Trust constituted under Part I of the principal Act for a licensing Trust district constituted, after the commencement of this Act, under section 3 of the principal Act or under section 31 of this Act:
“Public notice” has the same meaning as in the Sale of Liquor Act 1962.
31 Constitution of new Trust districts
(1)
Notwithstanding anything in section 3 of the principal Act, whenever at any local restoration poll hereafter taken in any no-licence district pursuant to Part I of the Licensing Amendment Act 1910 the determination of the electors is in favour of the proposal referred to in the said section 3, the Governor-General may for the purposes of Part I of the principal Act, in his discretion, by Order in Council, instead of declaring the district to be a licensing Trust district,—
(a)
Declare the district to be divided into two or more districts, with such names and boundaries as may be specified in the Order; and
(b)
Declare each such subdivision to be a separate licensing Trust district.
(2)
Before any Order in Council constituting any licensing Trust district or districts is made pursuant to section 3 of the principal Act or this section, the Minister may if he thinks fit request the Licensing Control Commission to review the district in which the poll was taken and to make recommendations to him on the desirability or otherwise of dividing the district into two or more separate licensing Trust districts.
(3)
In considering what recommendations to make under this section the Commission shall afford all interested persons an opportunity to give evidence or make representations, and shall have regard to—
(a)
The nature and population of the district:
(b)
The geographical features of the district:
(c)
The existence of community of interest in the district or in any part or parts thereof:
(d)
Such other matters as the Commission considers relevant.
32 New Trusts to submit to Commission proposals for provision of accommodation
(1)
Within twelve months after the coming into office of the first members of any new Trust pursuant to Part I of the principal Act, the Trust shall submit to the Licensing Control Commission, for its opinion, the Trust’s proposals for the establishment in the Trust district of a hotel or hotels for the accommodation of the travelling public.
(2)
In respect of every such hotel the proposals shall indicate generally the locality in which it is proposed to be established, the nature of the hotel, and the nature and extent of the accommodation, services, and facilities to be provided therein. The Trust shall from time to time furnish to the Commission such further information in respect of the foregoing matters as may be required by the Commission.
33 Consideration of proposals by Commission
(1)
After receiving the proposals the Commission shall hold a public sitting for the purpose of reviewing the proposals, and shall afford to the Trust and all other interested persons an opportunity to give evidence or make representations. The provisions of sections 46 to 51, 53, and 226 of the Sale of Liquor Act 1962 shall apply to the sitting.
(2)
The Commission shall give public notice of the time and place fixed for the sitting. The notice shall give such particulars of the proposals as the Commission thinks necessary.
(3)
In considering the proposals the Commission shall have regard to—
(a)
The requirements of the public in relation to the provision of accommodation in the metropolitan area of which the Trust district forms part or to which it is adjacent, being an area to be determined by the Commission:
(b)
The nature of the Trust district, and the requirements of the public in relation to the provision of accommodation in the Trust district:
(c)
The relation between the accommodation proposed to be provided and the number and extent of other premises established or proposed or likely to be established by the Trust in which accommodation is not or will not be provided and in which liquor may be sold or supplied otherwise than as part of a meal:
(d)
Such other matters as the Commission considers relevant.
(4)
After holding the sitting as aforesaid the Commission may—
(a)
Indicate its approval of the Trust’s proposals, either without variation or with such variations as it thinks fit; or
(b)
Indicate that in its opinion it is desirable that accommodation for the travelling public should be provided in some other locality or localities within the Trust district.
(5)
For the purposes of subsection (4) of this section the Commission may state its opinion in respect of all or any of the following matters:
(a)
The locality in which a hotel should be established:
(b)
The kind of hotel that should be established:
(c)
The nature and extent of the accommodation, services, and facilities that should be provided in the hotel.
(6)
The Commission shall give notice in writing to the Trust of its determination and opinion under this section, and shall send a copy of the notice to the Secretary for Justice.
34 Furtherreviews by Commission
(1)
At any time, not being sooner than five years after the completion of the review made by the Commission under section 33 of this Act or of the last previous review made under this section, the Commission may at the request of the Minister or of its own motion hold a public sitting for the purpose of determining whether further provision for the accommodation of the travelling public is necessary or desirable in the district of any new Trust.
(2)
For the purposes of this section, the provisions of subsections (1) to (3) of section 33 of this Act shall apply, with all necessary modifications, in the same manner as if the Commission were reviewing proposals under that section.
(3)
After holding the sitting the Commission may make to the Trust and to the Minister such recommendations as it thinks fit, including recommendations relating to any of the matters referred to in subsection (5) of section 33 of this Act.
35 Establishment of premises for sale of liquor by new Trusts
(1)
The provisions of subsection (2) of section 32 of the principal Act (as substituted by section 4 of this Act) shall, in respect of any new Trust, extend and apply to the establishment of any premises for the sale of liquor (otherwise than as part of a meal) in which accommodation will not be provided.
(2)
The Minister may in his discretion refer to the Commission for investigation and report any application by a new Trust for his approval of the establishment of any such premises as aforesaid.
36 Restriction on power of new Trust to distribute profits
Notwithstanding anything in section 44 of the principal Act, no new Trust shall expend or distribute any of its net profits under that section until the Trust has established premises for the accommodation of the travelling public in accordance with the approval or opinion given by the Commission under section 33 of this Act, or provision therefor has been made to the satisfaction of the Minister.
Part V Miscellaneous Provisions
37 Amendments consequential on passing of Sale of Liquor Act 1962
(1)
The Licensing Trusts Act 1949 is hereby further amended in the manner indicated in Part I of the Fourth Schedule to this Act.
(2)
The Masterton Licensing Trust Act 1947 is hereby further amended in the manner indicated in Part II of the Fourth Schedule to this Act.
(3)
The Invercargill Licensing Trust Act 1950 is hereby further amended in the manner indicated in Part III of the Fourth Schedule to this Act.
(4)
The enactments specified in Part IV of the Fourth Schedule to this Act are hereby amended in the manner indicated in that Part.
38 Repeals
The enactments specified in the Fifth Schedule to this Act are hereby consequentially repealed.
SCHEDULES
FIRST SCHEDULE NEW FIRST SCHEDULE TO LICENSING TRUSTS ACT 1949
Section 6(2)
“FIRST SCHEDULE Modifications of Provisions of Sale of Liquor Act 1962 Applicable to Licensing Trusts
Section 34a(1)
1
For the purposes of section 34a of this Act, the following provisions of the Sale of Liquor Act 1962 shall not apply, namely:
(a)
Paragraphs (h) and (i) of subsection (1) of section 182:
(b)
Subsection (2) of section 200:
(c)
Sections 204 to 207:
(d)
Paragraphs (a) to (d) of section 208:
(e)
Sections 210 to 214:
(f)
Section 221.
2
In the application of Part VII of the Sale of Liquor Act 1962 pursuant to section 34a of this Act, the following provisions shall apply:
(a)
Section 181 shall be read as if the words “or as the case may be, by any standard fixed or direction given or condition imposed in accordance with this Act by the Commission or by a Licensing Committee”
were omitted:
(b)
Paragraph (d) of subsection (1) of section 195 shall be read as if the words “and in a state conforming to the standard required by the Commission”
were omitted.
3
In the application of the provisions of Parts VII and VIII and section 292 of the Sale of Liquor Act 1962 pursuant to section 34a of this Act, all references to the Commission, or to a Licensing Committee, or to the Licensing Committee or the Chairman, shall be read as references to a Magistrate.
4
In the application of sections 216 and 217 of the Sale of Liquor Act 1962 pursuant to section 34a of this Act, any premises in which liquor is sold or supplied by or on behalf of the Trust for consumption on the premises (otherwise than as part of a meal) shall be deemed to be premises conducted under a hotelkeeper’s licence.”
SECOND SCHEDULE NEW THIRD SCHEDULE TO MASTERTON LICENSING TRUST ACT 1947
Section 15(2)
“THIRD SCHEDULE Modifications of Provisions of Sale of Liquor Act 1962 Applicable To Trust
Section 34a(1)
1
For the purposes of section 34a of this Act, the following provisions of the Sale of Liquor Act 1962 shall not apply, namely:
(a)
Paragraphs (h) and (i) of subsection (1) of section 182:
(b)
Subsection (2) of section 200:
(c)
Sections 204 to 207:
(d)
Paragraphs (a) to (d) of section 208:
(e)
Sections 210 to 214:
(f)
Section 221.
2
In the application of Part VII of the Sale of Liquor Act 1962 pursuant to section 34a of this Act, the following provisions shall apply:
(a)
Section 181 shall be read as if the words “or as the case may be, by any standard fixed or direction given or condition imposed in accordance with this Act by the Commission or by a Licensing Committee”
were omitted:
(b)
Paragraph (d) of subsection (1) of section 195 shall be read as if the words “and in a state conforming to the standard required by the Commission”
were omitted.
3
In the application of the provisions of Parts VII and VIII and section 292 of the Sale of Liquor Act 1962 pursuant to section 34a of this Act, all references to the Commission, or to a Licensing Committee, or to the Licensing Committee or the Chairman, shall be read as references to a Magistrate.
4
In the application of sections 216 and 217 of the Sale of Liquor Act 1962 pursuant to section 34a of this Act, any premises in which liquor is sold or supplied by or on behalf of the Trust for consumption on the premises (otherwise than as part of a meal) shall be deemed to be premises conducted under a hotelkeeper’s licence.”
THIRD SCHEDULE NEW SECOND SCHEDULE TO IVERCARGILL LICENSING TRUST ACT 1950
Section 24(2)
“SECOND SCHEDULE Modifications of Provisions of Sale of Liquor Act 1962 Applicable to Trust
Section 35a(1)
1
For the purposes of section 35a of this Act, the following provisions of the Sale of Liquor Act 1962 shall not apply, namely:
(a)
Paragraphs (h) and (i) of subsection (1) of section 182:
(b)
Subsection (2) of section 200:
(c)
Sections 204 to 207:
(d)
Paragraphs (a) to (d) of section 208:
(e)
Sections 210 to 214:
(f)
Section 221.
2
In the application of Part VII of the Sale of Liquor Act 1962 pursuant to section 35a of this Act, the following provisions shall apply:
(a)
Section 181 shall be read as if the words “or as the case may be, by any standard fixed or direction given or condition imposed in accordance with this Act by the Commission or by a Licensing Committee” were omitted:
(b)
Paragraph (d) of subsection (1) of section 195 shall be read as if the words “and in a state conforming to the standard required by the Commission”
were omitted.
3
In the application of the provisions of Parts VII and VIII and section 292 of the Sale of Liquor Act 1962 pursuant to section 35a of this Act, all references to the Commission, or to a Licensing Committee, or to the Licensing Committee or the Chairman, shall be read as references to a Magistrate.
4
In the application of sections 216 and 217 of the Sale of Liquor Act 1962 pursuant to section 35a of this Act, any premises in which liquor is sold or supplied by or on behalf of the Trust for consumption on the premises (otherwise than as part of a meal) shall be deemed to be premises conducted under a hotelkeeper’s licence.”
FOURTH SCHEDULE Amendments Consequential on Passing of Sale of Liquor Act 1962
Section 37
Part I—Amendments to Licensing Trusts Act 1949
| Section Amended | Amendment |
|---|---|
| Section 2 |
By repealing the definition of the terms “‘Liquor’ has the same meaning as in the Sale of Liquor Act 1962:”. |
| Section 3 | By omitting the word “intoxicating”. |
| Section 14(1)(c) | By omitting the words “licensed house Within the meaning of the Licensing Act 1908”, and substituting the words “licensed premises within the meaning of the Sale of Liquor Act 1962”. |
| Section 23(5) | By omitting the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
| Section 26(1) | By omitting the word “intoxicating”. |
| Section 28(2) | By omitting the word “intoxicating”. |
| Section 28a(1) (as substituted by section 3(1) of the Licensing Trusts Amendment Act 1961) |
By repealing the definitions of the terms
|
| Section 28a(2) | By omitting the words “Notwithstanding anything in the Licensing Act 1908 or in section 11 of the Sale of Liquor Restriction Act 1917”; and by omitting the words “light wine”, and substituting the words “table wine”. |
| Section 28a(4) | By omitting from paragraph (a) the words “and served only in bottles which shall be opened at those tables in the presence of the purchasers”; by omitting from paragraph (b) the words “light wine”, and substituting the words “table wine”; by inserting in paragraph (b), after the words “grape juice”, the words “and other fruit juice”; and by inserting in paragraph (c), after the word “bottle”, the words “or other container”. |
| Section 28a(6) | By omitting the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
| Section 28a(7) and (8) | By repealing these subsections. |
| Section 33(3) | By omitting the words “are not in his opinion equal to the standard required of a publichouse under the Licensing Act 1908”, and substituting the words “do not provide, to his satisfaction, accommodation and meals for the public”. |
| Section 35a(1) (as inserted by section 3 of the Licensing Trusts Amendment Act 1959) | By omitting the words “the Licensing Act 1908”, in both places where those words occur, and substituting in each case the words “the Sale of Liquor Act 1962”. |
| Section 35a(2) | By omitting the words “the Licensing Act 1908 to be unlawfully on licensed premises or to commit any other offence against the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962 to commit any offence against that Act”. |
| Section 35b (as inserted by section 6 of the Licensing Trusts Amendment Act 1961) | By repealing this section. |
| Section 46(1) (as substituted by section 2(1) of the Licensing Trusts Amendment Act 1950) | By omitting from paragraph (a) the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”; and by inserting in paragraph (b), after the words “proceedings before”, the words “the Licensing Control Commission or”. |
| Section 46(1a) (as inserted by section 6 of the Licensing Trusts Amendment Act 1955) | By omitting the words “Where, on any application made by a local authority by virtue of this section, any Licensing Committee determines that it will grant a licence to a local Trust”, and substituting the words “Where any application made by a local authority by virtue of this section is granted”. |
|
By repealing paragraph (b), and substituting the following paragraph: “(b)If any such application is in respect of a different site as aforesaid the provisions of subsections (3) to (13) of section 92 of the Sale of Liquor Act 1962 shall apply. In any other case, the application shall be deemed to be by way of amendment to the original application for a licence made on behalf of the Trust, and shall be dealt with accordingly:”. | |
By omitting from paragraph (d) the words “if the Licensing Committee determines to grant a licence to it”, and substituting the words “if the application is granted”. | |
| Section 46(2) | By omitting the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
| Section 46a(1) (as inserted by section 8 of the Licensing Trusts Amendment Act 1955) | By omitting the words “the Licensing Act 1908 made by or on behalf of the Trust to any Licensing Committee has been disposed of and the Licensing Committee, pursuant to subsection (lc) of section 57 of the Licensing Amendment Act 1948 (as inserted by subsection (1) of section 10 of the Licensing Amendment Act 1952”, and substituting the words “the Sale of Liquor Act 1962 made by or on behalf of the Trust has been disposed of and the Licensing Control Commission, pursuant to that Act,”; and by omitting from paragraph (b) the words “the Licensing Committee”, and substituting the words “the Commission”. |
| Section 46a(2) | By omitting the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
Part II—Amendments to Masterton Licensing Trust Act 1947
| Section 2 |
By repealing the definition of the terms “‘Liquor’ has the same meaning as in the Sale of Liquor Act 1962:”. |
| Section 14(1)(c) | By omitting the words “licensed house within the meaning of the Licensing Act 1908”, and substituting the words “licensed premises within the meaning of the Sale of Liquor Act 1962”. |
| Section 23(5) | By omitting the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
| Section 26(1) | By omitting the word “intoxicating”. |
| Section 28(2) | By omitting the word “intoxicating”. |
| Section 33(3) | By omitting the words “are not in his opinion equal to the standard required of a publichouse under the Licensing Act 1908”, and substituting the words “do not provide, to his satisfaction, accommodation and meals for the public”. |
| Section 35b (as inserted by section 14 of the Licensing Trusts Amendment Act 1961) | By repealing this section. |
Part III—Amendments to Invercargill Licensing Trust Act 1950
| Section Amended | Amendment |
| Section 2 |
By repealing the definition of the terms
|
| Section 3 (1a) (as inserted by section 2(1) of the Invercargill Licensing Trust Amendment Act 1954) | By omitting from paragraph (a) and paragraph (c) of the proviso the words “the Licensing Act 1908”, and substituting in each case the words “the Sale of Liquor Act 1962”. |
| Section 15(1)(c) | By omitting the words “licensed house within the meaning of the Licensing Act 1908”, and substituting the words “licensed premises within the meaning of the Sale of Liquor Act 1962”. |
| Section 24(5) | By omitting the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
| Section 27(1) | By omitting the word “intoxicating”. |
| Section 29(2) | By omitting the word “intoxicating”. |
| Section 34(2) | By omitting the words “are not in his opinion equal to the standard required of a publichouse under the Licensing Act 1908”, and substituting the words “do not provide, to his satisfaction, accommodation and meals for the public”. |
| Section 36b (as inserted by section 22 of the Licensing Trusts Amendment Act 1961) | By repealing this section. |
Part IV-Amendments to Other Enactments
| Title | Amendment |
|---|---|
| 1951, No. 70—The Licensing Trusts Amendment Act 1951 (1957 Reprint, Vol. 8, pp. 313, 316, 329) |
By omitting from section 4 the words By omitting from section 5 the words |
| 1953, No. 103—The Licensing Trusts Amendment Act 1953 (1957 Reprint, Vol. 8, pp. 323, 330) | By omitting from paragraph (c) of section 5 the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
| 1961, No. 136—The Licensing Trusts Amendment Act 1961 | By omitting from subsection (2) of section 26 the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
By omitting from subsection (3) of section 26 the words “sections 130 to 136 of the Licensing Act 1908”, and substituting the words “subsection (2) of section 124 of the Sale of Liquor Act 1962”. |
|
By omitting from subsection (4) of section 26 the words “sections 117 to 126 of the Licensing Act 1908”, and substituting the words “paragraphs (a) to (c) and (e) of subsection (1) of section 135 or section 159 of the Sale of Liquor Act 1962”. |
|
By omitting from subsection (6) of section 26 the words “the Licensing Act 1908”, and substituting the words “the Sale of Liquor Act 1962”. |
FIFTH SCHEDULE Enactments Repealed
Section 38
1950, No. 91—The Statutes Amendment Act 1950: Section 17. (1957 Reprint, Vol. 15, p. 174.)
1952, No. 79—The Licensing Amendment Act 1952: Section 2. (1957 Reprint, Vol. 8, p. 257.)
1959, No. 39—The Licensing Trusts Amendment Act 1959; Sections 4, 9, and 15.
1961, No. 136—The Licensing Trusts Amendment Act 1961: Subsection (2) of section 3, sections 4, 5, 6, 7, and 9, subsection (2) of section 11, sections 12, 13, 14, 15, and 17, subsection (2) of section 19, sections 20, 21, 22, 23, and 25, and the First, Second, and Third Schedules.
This Act is administered in the Department of Justice.
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Versions
Licensing Trusts Amendment Act 1962
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