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Westland Public House Ordinance 1867

11. The Westland Public house Ordinance 1867.

Analysis. Preamble.

1. Recited Ordinance when to be in force.

2. Penalty for unlicensed sale of liquors in Westland.

3. Licenses to be issued under the hand of the Superintendent.

4. Kind of Licenses to be issued.

5. Retail License.

6. Transfer of License.

7. Duties of holder of Retail License.

8. Licensed house may be kept open under circumstances.

9. Name of Licensee to be shown upon house.

10. Penalty for allowing gambling.

11. Penalty for supplying liquor to persons intoxicated.

12. Light to be affixed.

13. Power of entry to Constable.

14. Penalty for conviction of drunkenness.

15. Penalty for allowing unlawful games, &c.

16. Former Licenses to be considered as issued under this Ordinance.

17. Provision for licensed Auctioneers.

18. Penalties how recoverable.

19. Title.

Whereas an Ordinance was passed by the Superintendent of the Province of Canterbury with the advice and consent of the Provincial Council in the Twenty- fourth Session of the said Council entituled “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. Recited Ordinance when to be in force.

The said recited Ordinance shall be in force in that part only of the Province of Canterbury which lies on the east of the summits of the dividing range All Licenses to be issued for the sale of Spirituous Liquors Wine Ale Beer or Porter within that part of the Province which lies on the west of the summits of the dividing range (hereinafter called the District of Westland) shall be issued subject to the provisions of this Ordinance.

2. Penalty for unlicensed sale of liquors in Westland.

If any person within the District of Westland shall upon any occasion sell or knowingly permit to be sold in his house or premises or shall keep or expose for sale any Spirituous Liquors Wine Ale Beer or Porter without having first been duly licensed under this Ordinance he shall upon conviction thereof forfeit and pay for every such offence a sum not exceeding Fifty Pounds and all such Liquors may be seized by any Constable and forfeited by order of any Resident Magistrate or two Justices of the Peace before whom the conviction shall have taken place and all such Liquors so seized shall be either destroyed or sold as such Resident Magistrate or Justices shall direct and the net proceeds of such sale shall be paid to the Provincial Treasurer for the public service of the

Province Provided that it shall be in the discretion of such Resident Magistrate or

Justices to remit the forfeiture of any such Liquors so seized if he or they shall see good grounds for so doing.

3. Licenses to be issued under the hand of the Superintendent.

All Licenses to be issued under this Ordinance shall be issued under the hand of the Superintendent of the Province to such persons and for such houses or premises as he shall think fit upon payment to the Provincial Treasurer of the said Province of the sums hereinafter mentioned.

4. Kind of Licenses to be issued.

Licenses issued under this Ordinance shall be of three kinds Wholesale Bottle and Retail.

(1.) Every Wholesale License shall be in force for One Year from the date of issue and shall empower the License thereof to sell Spirituous Liquors Wine Ale Beer or Porter on the premises mentioned in such License in quantities not less than two gallons and shall be in the form in Schedule A hereunto annexed The sum to be paid for Whoilesale License shall be Ten Pounds.

(2.) Every Bottle License shall be in force for One Year from date of issue and shall empower the Licensee thereof to sell Spirituous Liquors Wine Ale Beer or Porter on the premises mentioned in such License in quantities not less than one bottle of which six constitute a reputed imperial gallon (such liquor not to be

drunk on the premises) and shall be in the form in Schedule B hereunto annexed

The sum to be paid for a Bottle License shall be Fifteen Pounds.

(3.) Every Retail License shall be in force for One Year from the date of issue

and shall empower the Licensee thereof to sell Spirituous Liquors Wine Ale Beer or Porter in any quantity on the premises mentioned in such License and shall be in the form in Schedule C hereunto annexed The sum to be paid for a Retail License shall be Thirty Pounds Provided that the Superintendent may grant to the holder of any Retail License on the recommendation of the Wasrden

Resident Magistrate of the District or Two Justices of the Peace upon the payment of an additional Ten Pounds yearly permission to keep his licensed house open from six a.m. to midnight.

5. Retail License.

A Retail License may be transferred from the Licensee thereof to such other person as the Superintendent may think fit upon payment of the sum of Five Pounds to the Provincial Treasurer of the said Province by the person to whom such License is transferred.

6. Transfer of License.

All applications for Licenses or Transfers of Licenses under this Ordinance shall be made in writing addressed to the Superintendent of the Province and left with the Resident Magistrate of the Court or Warden of the Gold-field nearest to the house or premises in which it is proposed to exercise such License or Transfer for Transmission to the Superintendent.

7. Duties of holder of Retail License.

Every Licensee of a Retail License shall reside on the premises for which the License is issued and the house or premises licensed shall except as herein before provided be opened for business on week days from six a.m. to eleven

p.m. and on Sundays from one p.m. to two p.m. at all other hours the house shall be closed for all business purposes except for the accommodation of bona fide travellers.

8. Licensed house may be kept open under circumstances.

If any holder of a Retail License shall apply to a Warden of the Gold-field or Resident Magistrate or any two Justices of the Peace for permission to keep his house open beyond the hour of eleven o’clock except as hereinbefore provided for the convenience of the public upon the occasion of any public dinner or other festivity being held in such house or to carry on his business in any building or booth temporarily erected at a distance from his licensed house at public races or upon any other public occasion it shall be lawful for such Resident Magistrate Warden of the Gold-field or Justices to grant such permission by writing under his or their hands to continue for such a time and upon such conditions to be set

forth on such written permission as he or they shall think fit and a copy of such permission shall be forwarded by the Licensee to the Chief Officer of Police for the district immediately upon obtaining the same and no person acting under the authority of such written permission shall be liable to te penalty which he would otherwise incur under the provisions of this Ordinance.

9. Name of Licensee to be shown upon house.

Every person holding a License under this Ordinance shall keep his name painted in legible characters not less than three inches in length with the words “Licensed to sell Spirits Wine Ale Beer or Porter wholesale” “Licensed to sell Spirits Ale Beer or Porter by the Bottle” or “Licensed to Retail Spirits Wine Ale Beer or Porter” as the case may be on some conspicuous part of the front of the house and any such person refusing or neglecting to comply with the provisions of this clause shall be liable to a penalty not exceeding Twenty Shillings.

10. Penalty for allowing gambling.

It shall not be lawful for any licensed person to permit any gambling of any kind whatsoever to be carried on in his house or premises licensed under a penalty not exceding Twenty Pounds.

11. Penalty for supplying liquor to persons intoxicated.

If any person holding a License under this Ordinance shall supply or suffer to be supplied in or upon his house or premises any intoxicating liquors to any person in a state of intoxication he shall be liable to a penalty not exceeding Ten Pounds for every such offence.

12. Light to be affixed.

Every holder of a Retail License shall have a lamp with sufficient light affixed over the front or principal door of his house and shall keep the same burning from sunset until sunrise and any such person neglecting or refusing to comply with the above provisions shall be liable to a penalty not exceeding Twenty Shillings for every such offence Provided always that in case such light be

extinguished by any accident beyond the control of such Licensee no penalty shall be inflicted.

13. Power of entry to Constable.

Every Constable shall have power and authority to enter any licensed house upon receiving information that any of the provisions of this Ordinance are being contravened within such house or upon hearing any riot or disturbance therein and if any person shall obstruct or attempt to obstruct or interfere with any Constable in the performance of his duties under this Ordinance such person shall be liable to a penalty not exceeding Ten Pounds.

14. Penalty for conviction of drunkenness.

If any person shall be convicted before any Justice of the Peace for drunkenness he shall be liable to a penalty not exceeding Twenty Shillings and in default thereof shall be imprisoned for any period not exceeding Forty-eight hours and if any person shall be convicted before any Justice of the Peace of drunkenness or riotous behaviour within any licensed house and of refusing to quit such licensed house when requested to do so by the Licensee or his Agent or Servant he shall be liable to a penalty not exceeding Forty Shillings and in default of payment thereof he shall be imprisoned for any period not exceeding Forty-eight hours

and if any person shall have been so convicted twice in the space of Three Months he shall be liable to twice the aforesaid penalty or term of imprisonment respectively and if any person shall have been so convicted three times within the space of Six Months he shall be liable to a penalty not exceeding Five Pounds and to be imprisoned with hard labour for any period not exceeding Furteen Days.

15. Penalty for allowing unlawful games, &c.

Every person who shall have or keep any house shop room or place of public resort wherein provisions liquors or refreshments of any kind shall be sold or consumed (whether the same shall be kept or retailed therein or procured elsewhere) and who shall wilfully and knowingly suffer any unlawful game or games whatsoever therein or knowingly permit persons of notoriously bad character to meet together and remain therein shall for every such offence forfeit and pay a penalty not exceeding Ten Pounds.

16. Former Licenses to be considered as issued under this Ordinance.

All Licenses for the sale of spirituous liquors which shall have been issued to persons within the District of Westland under the provisions of “The Gold Fields Act, 1862” or under the provisions of “The Public House Ordinance, 1866” and which shall not have expired at the time of the passing of this Ordinance shall be deemed and taken to have been issued under this Ordinance and shall continue in force and under such conditions for so long a time as is stated in such licenses.

17. Provision for licensed Auctioneers.

Any person exercising the trade or calling of an Auctioneer may sell as Agent for the Owner any spirituous liquors wine ale beer or porter anything in this Ordinance to the contrary notwithstanding but any such auctioneer who shall sell or shall keep or expose for sale any such liquors on his own account shall be liable to the penalties mentioned in Section 2 of this Ordinance.

18. Penalties how recoverable.

All penalties and forfeitures incurred under this Ordinance shall (except as hereinbefore specially provided) be recoverable in a summary way.

19. Title.

This Ordinance shall be entituled and may be cited as “The Westland Public

House Ordinance 1867.”

Schedules referred to

A. Wholesale License.

Whereas residing at in the District of Westland in the Province of Canterbury has applied for a Wholesale License subject to the provisions of “The Westland Public House Ordinance 1867” now in force for the house situated at in the said District and Province:

Now I William Sefton Moorhouse Superintendent of the Province of Canterbury in exercise of the powers vested in me do hereby License the said upon payment by him to the Provincial Treasurer of the said Province of the sum of

Ten Pounds to sell any Spirituous or Fermented Liquors in quantities not less than two gallons in the house aforesaid

The License to commence on the day of 186 and to continue in force until the day of 186 .

Given under my hand at Christchurch this 186 .

Superintendent.

B. Bottle License.

Whereas residing at in the District of

Westland in the Province of Canterbury has applied for a Wholesale License

subject to the provisions of “The Westland Public House Ordinance 1867” now in force for the house situated at in the said District and Province:

Now I William Sefton Moorhouse Superintendent of the Province of Canterbury in exercise of the powers vested in me do hereby License the said upon payment by him to the Provincial Treasurer of the said Province of the sum of Fifteen Pounds to sell any Spirituous or Fermented Liquors in quantities not less one bottle (of which six constitute a reputed imperial gallon) in the house aforesaid.

The License to commence on the day of 186 and to continue in force until the day of 186 .

Given under my hand at Christchurch this 186 .

Superintendent.

C. Retail License.

Whereas residing at in the District of Westland in the Province of Canterbury has applied for a Wholesale License subject to the provisions of “The Westland Public House Ordinance 1867” now in force for the house situated at in the said District and Province:

Now I William Sefton Moorhouse Superintendent of the Province of Canterbury in exercise of the powers vested in me do hereby License the said upon payment by him to the Provincial Treasurer of the said Province of the sum of Thirty Pounds to sell any Spirituous or Fermented Liquors in any quantities in the house aforesaid

Given under my hand at Christchurch this 186 .

Superintendent. Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 3rd

January 1867, and assented to by the Superintendent on the 9th January.