Act Repealed Latest version as at 20 October 1978 (as enacted) | 1978 No 100

Invercargill Licensing Trust Amendment Act 1978

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Amendment Act

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Contents

Short Title

Remuneration of members increased

Theatre premises

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Invercargill Licensing Trust Amendment Act 1978

Public Act		1978 No 100
Date of assent		20 October 1978

	Title
1	Short Title
2	Remuneration of members increased
3	Theatre premises
	Administrative information

An Act to amend 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

This Act may be cited as the Invercargill Licensing Trust Amendment Act 1978, and shall be read together with and deemed part of the Invercargill Licensing Trust Act 1950 (hereinafter referred to as the principal Act).

2 Remuneration of members increased

(1)

Section 9a of the principal Act (as inserted by section 21 of the Licensing Trusts Amendment Act 1962 and amended by section 2(3) of the Invercargill Licensing Trusts Amendment Act 1971) is hereby amended—

(a)

By omitting the words “a rate fixed by the Trust not exceeding $5”, and substituting the words “a rate fixed by the Trust not exceeding $10”:

(b)

By omitting from the proviso the expression “$260”, and substituting the expression “$520”.

(2)

Subsections (3) and (4) of section 2 of the Invercargill Licensing Trusts Amendment Act 1971 are hereby consequentially repealed.

3 Theatre premises

(1)

The principal Act is hereby amended by inserting, after section 29c (as inserted by section 13(1) of the Licensing Trusts Amendment Act 1977), the following section:

“29d

“(1)

For the purposes of this section ‘theatre premises’ means premises (other than premises in which accommodation is provided, or a restaurant, or a cabaret, or catering premises) that are regularly used for entertainments of the kind in which all the performers whose words or actions constitute the entertainment are physically present and actually perform the entertainment.

“(2)

The Trust may, in any theatre premises established (whether by the Trust or by any other person) within the Trust District, sell and dispose of liquor for consumption on the theatre premises at any time during the period commencing 2 hours before the start of the first performance on any day (except Good Friday) and ending one hour after the completion of the last performance commencing on that day:

“Provided that the Trust shall not sell or dispose of liquor in the theatre premises at any time between the hours of 1 o’clock in the morning of any day and 12 noon on that day.

“(3)

Notwithstanding anything in subsection (2) of this section, any liquor served in any theatre premises before 1 o’clock in the morning of any day may be consumed in the premises by the person to whom it was served at any time before 1.30 o’clock in the morning of that day.

“(4)

The Trust shall not sell or dispose of liquor in any theatre premises pursuant to this section unless the premises and the services and facilities provided therein are of a standard for the time being approved by the Commission, which may give its approval on and subject to such terms and conditions as it thinks fit.”

(2)

Section 33 of the principal Act (as substituted by section 22 of the Licensing Trusts Amendment Act 1962) is hereby amended by inserting in subsection (4) (as amended by section 13(2) of the Licensing Trusts Amendment Act 1977), after the words “section 29c of this Act”, the words “or of any theatre premises of a standard approved by the Commission under section 29d of this Act”.

(3)

Section 35 of the principal Act is hereby amended by inserting in subsection (7) (as substituted by section 23 of the Licensing Trusts Amendment Act 1962 and amended by section 18(2) of the Licensing Trusts Amendment Act 1974 and section 13(3) of the Licensing Trusts Amendment Act 1977), after the words “catering premises,”, the words “theatre premises,”.

(4)

Section 35a of the principal Act (as inserted by section 24(1) of the Licensing Trusts Amendment Act 1962 and amended by section 18(3) of the Licensing Trusts Amendment Act 1974 and section 13(4) of the Licensing Trusts Amendment Act 1977) is hereby amended by inserting in paragraph (d) of subsection (2), after the words “or section 28c of the Licensing Trusts Act 1949”, the words “or section 29d of this Act”.

(5)

The said section 35a is hereby further amended by inserting in subsection (2), after paragraph (db) (as inserted by section 13(5) of the Licensing Trusts Amendment Act 1977), the following paragraph:

“(dc)

Premises established and maintained pursuant to section 29d of this Act shall be deemed to be premises in respect of which a theatre licence is in force:”.

(6)

The said section 35a is hereby further amended by adding to subsection (2) (as amended by section 13(6) of the Licensing Trusts Amendment Act 1977) the following paragraph:

“(j)

In respect of any premises to which paragraph (dc) of this subsection applies, the Trust shall be deemed to be the holder of a theatre 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.”

This Act is administered in the Department of Justice.

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Invercargill Licensing Trust Amendment Act 1978