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Nga Ture O Niu Tireni: I Pahitia I Roto I Te Tau Wha Te Kau Ma Rima O Te Kuinitanga O Kuini Wikitoria, Me Te Nohoanga Tuatorutanga O Te Paremete Tuawhitu O Niu Tireni, I noho ki Poneke i timate i te rua te kau ma waru o nga ra o Mei, 1881.

licensing meetings. — Conduct of Business

licensing meetings.
Conduct of Business.

40. At noon on such one of the first ten days in the months of December, March, June, and September in each year, as shall be appointed by the Returning Officer in each district, there shall be holden in each licensing district a meeting of the Licensing Committee appointed for such district, to be called "the quarterly licensing meeting," for the purpose of taking into consideration all applications for certificates for such licenses as by this Act are authorized to be granted by the Licensing Committee, and the renewal, or transfer, or removal of such licenses, of which due notice shall have been given to the Clerk of the Licensing Committee for the district in which the premises in respect of which such application is made are situate.
Quarterly licensing meetings to be held. The quarterly licensing meeting to be held in the month of June shall be the "annual licensing meeting."

If any cause shall prevent a quorum of the Licensing Committee being present at any licensing meeting on the day advertised, or at any adjournment of a meeting on the appointed day, the said meeting or adjournment shall stand adjourned from day to day until a quoram can be present to hold snch meeting.

41. One month's notice thereof to be given. The Clerk of the Licensing Committee in every licensing district at which any quarterly licensing meeting is to be held shall, one calendar month at least before the holding of such meeting, cause a notice thereof to be fixed to the outer door of the Courthouse or other building where the meetings of the Licensing Committee are held, and of every other Courthouse within the licensing district, whether the same be a Courthouse where meetings of the Licensing Committee are held or not, and shall also cause an advertisement of the time and place of holding such licensing meeting to be inserted at least thrice in at least one newspaper circulating in the district.
42. Applications to be heard in open Court. Every application for a license, or the renewal, transfer, or removal of a license, and all objections to every such application, shall (except as hereinafter provided) be heard and determined at a licensing meeting by the Licensing Committee for the district wherein the premises in respect of which the license is sought, or to which it relates, as the case may be, are situated.

Every such hearing shall be open to the public, and every applicant for a license (except as hereinafter provided) shall attend personally at such hearing, unless hindered by sickness or infirmity; and the Licensing Committee may summon, and examine on oath, such witnesses as they may think necessary, and as near as may be in the manner directed by any Act now or hereafter to be in force relating to the duties of Justices in summary convictions and orders.

43. Licensing meetings may be adjourned. Any licensing meeting may, at the discretion of the Committee holding the same, be adjourned from time to time to the same or any other Courthouse or building within the district. If any applicant for a license shall, as hereinafter mentioned, require an adjournment, the meeting may be adjourned from time to time, during the period of one calendar month, to the same or any other Courthouse or building within the district, upon such terms as to costs or otherwise as the Committee may think proper.
44. Regulations for conduct of business before Licensing Committee. The following provisions shall be observed in the conduct of business before all Licensing Committees:—
(1.) An Inspector of Licensed Premises in every district shall obtain and page 15furnish to the Clerk of the Licensing Committee in each licensing district, at least ten days before each quarterly meeting, a report as to every licensed house in such district.

Such report to contain a description of the condition of the house, premises, and furniture, the manner in which the house has been conducted during the past twelve months, the character of the persons frequenting the house, and a statement of the number, locality, and distance of other licensed houses in the neighbourhood.

(2.) An Inspector shall similarly report as to applications in respect of premises not previously licensed (hereinafter called "new houses") or new applications in respect of premises previously licensed (herein-after called "old houses") as soon after the application as possible.
(3.) It shall be the duty of an Inspector to he present at every quarterly licensing meeting for the purpose of substantiating any matters contained in any snch report, and otherwise for giving evidence before the Licensing Committee on matters brought under their cognizance.
(4.) In the case of applications for new houses, and new applications for old houses, and of transfers of licenses, it shall be the duty of the Clerk to the Licensing Committee to search the register to be kept by him as hereinafter provided, and, upon the consideration of such application, to report to the Committee whether the applicants, or, in case of transfers, whether the intended transferees, have previously applied for any licenses, or have been intended transferees of licenses, together with the result of such applications respectively, and, in case of the refusal or rejection thereof, then the cause of such rejection or refusal.
(5.) At the annual licensing meetings, the applications for new houses shall take precedencc, the new applications for old houses shall be taken ncxt, and the rest of the business shall follow.
(6.) The Clerk to the Licensing Committee shall give notice to applicants applying for a renewal of their licenses, when such licenses have been objected to, to attend at the meeting, and such applicants shall be heard immediately after the applications for new houses; and in such notices the said Clerk shall state the nature of the objections.
(7.) On any application fov a license for a new house the applicant shall produce to and deposit with the Clerk, for the information of the Licensing Committee, plang of such house; and such Committee may require the applicant to give such explanation thereof by skilled witnesses as they shall think fit.

In the event of such plans showing that any portion of such house is fitted up as a store, theatre, concert-room, or dancing-hall, it shall not be lawful for the Licensing Committee to grant such application.

(8.) At any hcensing meeting the Licensing Committee shall hear and determine all applications, and also all objections which may be made to such applications, on such evidence as shall seem to them sufficient, whether the same be strictly legal evidence or not.
(9.) In addition to any powers of adjournment given by this Act, the Licensing Committee may from time to time adjourn any licensing meeting to such other day as they shall think fit, but no applications that have been decided at any licensing meeting shall be reopened at any adjourned meeting, unless in pursuance of leave granted at the original meeting.page 16
(10.) On the hearing of any application, except for renewals, the applicant, by himself or his counsel or solicitor, ahall open his case; then the objectors who have given due notice are to he heard, by themselves or their counsel or solicitor, and the applicant may reply.

The persons signing any memorial againat the granting of any license, or any of them, may appear to support such memorial by counsel or in person.

(11.) In the case of applications for renewal, the objectors shall commence, and the applicant shall reply only.
(12.) The Licensing Committee shall then consider the application, and, if unanimous, shall give their decision through their Chairman; but, if not, they shall decide by vote whether the license shall be granted or refused. The decision, and all remarks made thereon, shall be given through the Chairman, and the other members of the Committee shall not comment upon the decision announced ox the remarks made by the Chairman.
(13.) In case of an equality of votes, the Chairman of the Committee shall have a casting vote in addition to his original vote; and such Chairman shall, on behalf of the Committee, sign all certificates and other documents, if any, issued or recorded by it.
(14.) The decision of the Committee, when once announced by the Chairman, shall not be questioned or reconsidered.
(15.) No objection in respect of the character of any applicant shall be entertained unless three days' notice has been given to the applicant; and, should any such objection appear to the Committee to be frivolous, the costs occasioned by any such objection shall be ordered by the Committee to be paid by the party making the same: Provided that no such costs shall be given against any officer of police who shall have made any such objection.
(16.) No objection from any Inspector shall be entertained unless the nature of the objection shall have been stated in the report furnished to the Clerk of the Licensing Committee.
(17.) No objection of any kind whereof notice is required to be given shall be entertained unless notice thereof shall have been given in the terms of this Act.