782
THE NEW ZEALAND GAZETTE.
[No. 31

By-law regulating the Leasing and Licensing of Refreshment-rooms, New Zealand Railways.

IN pursuance and exercise of the powers conferred by “The Government Railways Act, 1900,” I, Joseph George Ward, the Minister for Railways, do hereby make the following by-law for regulating the leasing of refreshment-rooms upon the New Zealand railways, and for the grant of licenses to sell fermented and spirituous liquors in the premises so leased, that is to say,—

BY-LAW.

LEASING OF REFRESHMENT-ROOMS.

1. The leasing of any refreshment room or rooms in connection with a railway shall be by public tender or public auction in every case where the premises to be let exceed or are likely to exceed an annual rental of £20.

2. The lease shall be in such form and for such term (not exceeding seven years), and shall contain such provisions and stipulations, as the Minister in each case thinks fit, including in every case the provisions and stipulations following, that is to say :—

(1.) That the rent reserved shall be paid half-yearly in advance.

(2.) That the lessee shall at all times keep the leased premises in good and tenantable repair, and so deliver up the same at the expiration or sooner determination of his lease.

(3.) That, except on Sundays, on which day the refreshment-rooms shall not be open to the public, the lessee—

(a.) Shall keep the refreshment-rooms open to the public daily during the periods elapsing as follows—from thirty minutes before the advertised time of arrival or departure of every train during the day until fifteen minutes after such arrival or departure; and

(b.) Shall keep the refreshment-rooms closed to the public during the period elapsing as follows—from fifteen minutes after the arrival or departure (whichever is the later) of the last train in the evening until the prescribed time for opening prior to the arrival or departure (whichever is the earlier) of the first train of the following day on which the rooms may be open to the public; and

(c.) At all other times the refreshment-rooms may be open to the public at the option of the lessee.

(4.) That the lessee shall not sell or supply to any person any spirituous or fermented liquors on the leased premises except under a license in that behalf granted by the Governor as hereinafter mentioned.

(5.) That the lessee shall find good and sufficient security for the due performance of the conditions of the lease, to such amount and in such form as the Minister may prescribe.

(6.) That in the event of the lessee making any default in payment of the rent reserved or in compliance with any condition imposed by the lease, or if any license granted in respect of the leased premises is forfeited, or if the lessee becomes bankrupt or insolvent, then and in any such case the Minister may by notice in writing to the lessee determine the lease, whereupon all the lessee’s rights thereunder shall absolutely cease and determine.

LICENSE TO SELL LIQUOR.

3. If the lessee of a refreshment-room desires to sell spirituous or fermented liquors at such room he shall make application in writing to the Minister for a license in that behalf.

4. Every such license shall be in the form or to the effect set forth in the Form No. 1 in the Schedule hereto.

5. The annual fee payable to the Minister in respect of any license shall be as under:—

£ s. d.
Within the limits of a borough, for each bar .. 40 0 0
Beyond the limits of a borough, for each bar .. 25 0 0

6. Such license shall be subject to the provisions of “The Licensing Act, 1881,” and its amendments, in all respects as if such license were a publican’s license granted under that Act, so far as such provisions are not inconsistent with this by-law, and shall entitle the holder thereof to sell spirituous and fermented liquors on the premises in respect of which the license was granted at all hours during which those premises may lawfully be open to the public.

7. (1.) The holder of a license may, on payment to the Minister of a fee of 5s., transfer the license to any person approved by the Minister as the incoming tenant of the premises in respect of which the license was granted.

(2.) Every such transfer shall be indorsed on the original license, and shall be in the form or to the effect set forth in the Form No. 2 of the Schedule hereto.

(3.) All the rights and liabilities of the lessee under the license shall, on such transfer, devolve upon the transferee.

8. All liquors shall be sold by the glass only, and shall be drunk on the licensed premises.

9. The licensee shall not sell or supply any spirituous or fermented liquors to any of the engine-drivers, guards, porters, signalmen, clerks, labourers, or other servants employed in or about the railways.

10. The Minister may, by notice in writing to the licensee, forfeit the license upon the happening of any of the following events, viz.:—

(a.) If the licensee makes default in payment of the amount reserved in the lease of the premises so licensed, or commits a breach or fails to perform any of the covenants, conditions, or stipulations in such lease or in his license contained; or

(b.) If the licensee becomes lunatic, bankrupt, or makes any arrangement or composition with his creditors, or if he is absent from the colony for any period exceeding three consecutive months.

11. Service of any such notice may be effected by delivering the same to the licensee personally, or by leaving the same, addressed to him, at the licensed premises, and any such service so effected shall be deemed sufficient service.

12. The licensee shall not be entitled to any compensation in respect of the forfeiture of his license as aforesaid.

13. Every person who commits a breach of this by-law is liable for each such breach to a penalty not exceeding £10.

SCHEDULE.

Form No. 1.

“The Government Railways Act, 1900.”

LICENSE TO SELL SPIRITUOUS AND FERMENTED LIQUORS AT A REFRESHMENT-ROOM.

WHEREAS *, of †, ‡, being tenant of the Refreshment-room No. , at the Railway-station, has applied for a license to sell spirituous and fermented liquors at the said room (such room having only one bar therein and no more), and has paid to the Minister for Railways the sum of £ as the fee on such license: Now, these presents witness that the Governor of the Colony of New Zealand, in exercise of the powers conferred by “The Government Railways Act, 1900,” and of all other powers him enabling in this behalf, doth hereby grant to the said this license to sell spirituous and fermented liquors at the said Refreshment-room No. , subject to the provisions of the lease under which the licensee holds the licensed premises, and subject also to the conditions and restrictions prescribed by the by-laws for the time being in force under “The Government Railways Act, 1900.”

This license shall commence on the day of 19, and continue till the day of , 19, unless forfeited in the meantime.

Given under the hand of His Excellency the Governor of the Colony of New Zealand, this day of , one thousand nine hundred and .

, Governor.

• Name in full. † Residence. ‡ Occupation.

Form No. 2.

TRANSFER OF LICENSE BY INDORSEMENT.

I, the within-named , with the approval of the Minister for Railways, as testified by his signature hereto, do hereby transfer to *, of †, ‡, all my estate and interest in, and all rights and privileges under, the within license.

Dated this day of , 19.

A. B., Licensee.

Witness to signature: C. D.

Address:

Occupation:

Transfer approved.

, Minister for Railways.

• Name in full. † Residence. ‡ Occupation.

As witness my hand, this twenty-sixth day of March, one thousand nine hundred and one.

J. G. WARD,
Minister for Railways.