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THE NEW ZEALAND GAZETTE
[No. 33

Price Order No. 889 (Spirits and Beer)

PURSUANT to the powers conferred on it by the Control of Prices Act, 1947, the Price Tribunal, acting with the authority of the Minister of Industries and Commerce, doth hereby make the following Price Order:—

1. This Order may be cited as Price Order No. 889, and shall come into force on the 14th day of June, 1948.

2. (1) Price Order No. 387* is hereby revoked.

(2) The revocation of the said Order shall not affect the liability of any person for any offence in relation thereto committed before the coming into force of this Order.

3. (1) In this Order, unless the context otherwise requires,—

“Beer” includes ale, beer, stout, porter, and all other malt liquors subject to beer duty under Part III of the Finance Act, 1915:

“Original bottle”, in relation to any sale, means any bottle or other container filled to its normal capacity prior to and not for the purpose of that sale:

“Spirits” means whisky, rum, brandy, or gin:

“Standard measure” means the 1/42nd part of a reputed quart.

(2) Terms and expressions defined in the Licensing Act, 1908, when used in this Order, have the meanings severally assigned thereto by that Act.

APPLICATION OF THIS ORDER

4. (1) Subject to the following provisions of this Order, this Order applies with respect to the sale by the holder of a publican’s licence or an accommodation licence for consumption on licensed premises of drinks containing spirits or beer either with or without the addition of any flavouring or diluting ingredients of a non-intoxicating nature.

(2) This Order shall not apply to any liquor sold by the bottle and in its original bottle.

FIXING MAXIMUM PRICES OF SPIRITS TO WHICH THIS ORDER APPLIES

5. (1) Except as provided in subclause (2) hereof and subject to the following provisions of this Order, the maximum price that may be charged by the licensee of any licensed premises for any drink containing spirits to which this Order applies shall be—

(a) Where the quantity of spirits contained in the drink is less than a full standard measure, the maximum price of the drink shall be 6d.:

(b) Where the quantity of spirits contained in the drink is a full standard measure, the maximum price of the drink shall be 10d.:

(c) Where the quantity of spirits contained in the drink is equal to two or more full standard measures, the maximum price of the drink shall be 10d. multiplied by the number of full standard measures:

(d) Where the quantity of spirits contained in the drink exceeds a full standard measure but is not an exact number of standard measures, the maximum price of the drink shall be 10d. for each full standard measure.

(2) Where any drink containing a full standard measure of spirits is sold for consumption in a lounge or in the dining-room of licensed premises the maximum price of the drink shall be 1s., except in the case of French brandy, for which the maximum price shall be 2s. Where any such drink contains more than a full standard measure the provisions of paragraphs (c) and (d) of subclause (1) hereof shall, with the necessary modifications, apply to the sale thereof. Where any drink containing less than a full standard measure of spirits is sold for consumption in a lounge or dining-room of licensed premises the maximum price of the drink shall be three-quarters of the price authorized for a drink containing the full standard measure.

6. (1) Subject to the provisions of the next succeeding subclause, the maximum price that may be charged by the licensee of any licensed premises for any brandy sold (otherwise than by the original bottle) for consumption off the licensed premises shall be at the rate of 1s. 4d. a fluid ounce.

(2) In addition to the price fixed in the last preceding subclause a reasonable price may be charged for the bottle in which the brandy is sold to the purchaser, but any charge so made shall be refunded to the purchaser on the return of the bottle.

FIXING MAXIMUM PRICES OF BEER TO WHICH THIS ORDER APPLIES

7. (1) Subject to the following provisions of this Order, the maximum price that may be charged or received by the licensee of licensed premises for beer to which this Order applies shall be 7d. for each drink served in a measure containing 12 oz. or more than 12 oz., and 6d. for each drink served in a measure containing less than 12 oz.

(2) Subject to the provisions of subclause (4) hereof, where beer is sold in containers filled from the original bottle for consumption on the premises the maximum price that may be charged or received for any such drink shall be 7d.

(3) On and after the 1st day of August, 1948, and unless otherwise specified by the customer, all beer, except beer sold from its original bottle, or beer served in a lounge or dining-room, shall be served by the licensee of licensed premises in 10 oz. containers, and any container in which beer is served shall be filled as nearly as reasonably possible to its full capacity.

(4) Where any beer is sold for consumption in a lounge or in the dining-room of the licensed premises the maximum price of the drink shall be 1s.

8. Notwithstanding anything in the foregoing provisions of this Order and subject to such conditions, if any, as it thinks fit, the Tribunal, on application by the licensee of any licensed premises, may authorize special maximum prices in respect of any drinks to which this Order applies where for any reason extraordinary charges (freight or otherwise) are incurred by the licensee. Any authority given by the Tribunal under this clause may apply with respect to a particular drink or may relate generally to drinks to which this Order applies sold by the licensee while the approval remains in force. Any authority given under this clause shall be exhibited in the manner prescribed by clause 9 hereof in respect of Price Orders.

9. On and after the 25th day of June, 1948, every licensee of any licensed premises shall keep a copy of this Price Order or a statement of the retail prices fixed thereby prominently displayed in every place in the licensed premises where drinks are sold in such a position that customers may examine the Price Order or statement without having to ask for its production or without having to obtain permission to examine it.

Dated at Wellington, this 9th day of June, 1948.

The Seal of the Price Tribunal was affixed hereto in the presence of—

[L.S.]

W. J. HUNTER (Judge), President.
P. N. HOLLOWAY, Member.

*Gazette, 5th July, 1945, Vol. II, page 881.