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Public House Ordinance 1866 Amendment Ordinance 1867

7. The Public House Ordinance 1866 Amendment Ordinance 1867.

Analysis. Preamble.

1. License may be refused.

2. Form of License may be renewed.

3. In certain cases new form of License may be issued to Lessor.

4. “Country Hotel License” may be issued.

5. Repealing Clause.

6. Notice of removal to be given to Lessor by Lessee. License may be transferred.

7. Repealing Clause.

8. Penalty upon holder of Publican’s License for not keeping a lamp burning.

9. Provision to Clause 10 of Ordinance 1866.

10. Ordinance not to apply to Westland.

11. Title.

Whereas an Ordinance was passed by the Superintendent of the Province of Canterbury with the advice and consent of the Provincial Council intituled “The Public House Ordinance, 1866” And whereas it is expedient to amend the same:

Be it therefore enacted by the Superintendent of the said Province with the advice and consent of the Provincial Council thereof as follows:

1. License may be refused.

Notwithstanding anything in the said “Public House Ordinance 1866” contained if in the opinion of a majority of the Justices hearing an Application for a new License it shall appear that such License is not required it shall be lawful for the Justices to refuse to grant such License Provided always that it shall not in any case be compulsory on any applicant to produce a householder’s certificate under Section 8 of the said “Public House Ordinance, 1866.”

2. Form of License may be renewed.

If any Licensee or the assignees of any Licensee shall have by accident lost the form of License and shall be desirous of obtaining a renewal or transfer of such lost License and shall appear before the nearest Resident Magistrate’s Court and shall satisfy the Bench that his or their application is made bona fide it shall be lawful for any three Justices sitting in such Court to grant to him or them or his or their nominee or assignee a new License as nearly as possible in the form prescribed by the said “Public House Ordinance 1866” according to the nature of the License and such License shall be taken in every respect to be equivalent to the License so lost and the same shall be issued by the Provincial Treasurer

upon payment of a Fee of Ten Shillings.

3. In certain cases new form of License may be issued to Lessor.

In case any holder of a License shall be convicted of felony in any Criminal Court or where the holder of a License shall abscond or shall have shut up the house for which such License was granted or shall have removed his License pursuant to Clause 9 of the said Ordinance or shall have ceased to be the tenant of a Licensed House or shall hold a License as servant only it shall be lawful for the Lessor or other Landlord of such holder to apply for a new License as if such License had been lost and if such Lessor or other Landlord shall appear before the nearest Resident Magistrate’s Court and shall satisfy the Bench that his

application is made bona fide and not for the purpose of defrauding such holder it shall be lawful for any three Justices sitting in such Court to grant to him or his Nominee a new License as if the original License had been lost and the same shall be issued by the Provincial Treasurer upon payment of a Fee of Ten Shillings.

4. “Country Hotel License” may be issued.

In addition to the Licenses authorised to be issued by the said “Public House Ordinance 1866” it shall be lawful for the Bench to grant Licenses beyond the limits of Christchurch Lyttelton Kaiapoi and Timaru of the following class Country Hotel Licenses in the Schedule A to the said Ordinance substituting the words “Country Hotel” for “Hotel” The Licensee shall be required to provide a new house bar parlour and at least five suitable bed-rooms for the use of the public and stabling with necessary closets in the house or yards such rooms shall be conveniently.

5. Repealing Clause.

Section 23 of the said “Public House Ordinance 1866 is hereby repealed.

6. Notice of removal to be given to Lessor by Lessee. License may be transferred.

If the holder of any License shall desire to remove his business from the house named therein to any other house he shall give the immediate Lessor (if any) of such house Forty clear days’ notice in writing of such his desire and it shall be lawful for the Justices of the Peace at any Annual or Quarterly Meeting upon application of the Licensee to that effect to authorize such removal by an endorsement on the original License in the form in Schedule H to the said “Public House Ordinance 1866” annexed if they shall think fit or in case of the License being lost in the same manner as provided for in Clause 2 of this Ordinance.

7. Repealing Clause.

Clause 31 of the said “Public House Ordinance 1866” is hereby repealed.

8. Penalty upon holder of Publican’s License for not keeping a lamp burning. Every holder of a Publican’s License for a house not within any City Town or Borough lighted at the expense of the Ratepayers shall keep a lamp affixed over the door of his house or within twenty feet thereof lighted during the whole of every night from sunset to sunrise during the time of his holding such License and every person not keeping a light so burning shall pay for every such offence a penalty not exceeding Twenty Shillings to be recovered in a summary manner.

9. Provision to Clause 10 of Ordinance 1866.

That the following provision shall be taken to be and shall be read as part of Clause 10 of the said recited Ordinance of 1866 Provided always that if any License shall be granted at any Quarterly Meeting the Licensee shall be required to pay only one-fourth two-fourths or three-fourths of the amount payable as an annual Fee according to the number of quarters such License shall be in force from the time of granting the same.

10. Ordinance not to apply to Westland.

This Ordinance shall not apply to that part of the Province of Canterbury called

Westland.

11. Title.

This Ordinance shall be read with and form part of the said “Public House

Ordinance, 1866.”

Notes

This Ordinance was passed by the Canterbury Provincial Council on the 11th of

July 1867, and was assented to by the Superintendent on 11th July.