JAN. 13]

THE NEW ZEALAND GAZETTE

SECOND SCHEDULE

PERIODS DURING WHICH THE PRICES OF FRESH MEAT FIXED IN THE FIRST SCHEDULE AND APPEARING UNDER THE COLUMNS HEADED A, B, C, or D APPLY

Dated at Wellington, this 5th day of January, 1949.

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

[L.S.]

W. J. HUNTER (Judge), President.

P. N. HOLLOWAY, Member.

Price Order No. 962 (Spirits and Beer)

PURSUANT to 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. 962, and shall come into force on the 17th day of January, 1949.

2. (1) Price Orders Nos. 889* and 913† are hereby revoked.

(2) The revocation of the said Orders shall not effect 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 in respect of which beer duty in accordance with Part III of the Finance Act, 1915, is payable:

"Original bottle", in relation to any sale, means any bottle filled in accordance with customary trade practice and to its normal capacity prior to and not for the purpose of that sale:

"Ounce" means fluid ounce as defined in the Weights and Measures Proclamation, 1946†;

"Spirits" means whisky, rum, brandy or gin:

"Standard measure" means five-eighths of an ounce.

(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 provisions of this Order, this Order applies with respect to the sale by the holder of a publican's licence or accommodation licence for consumption on licensed premises, and to the sale by the holder of a conditional licence under the authority of that licence of drinks containing spirits or beer.

(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) Subject to the provisions of this Order, the maximum price that may be charged by the holder of a publican's licence or an accommodation licence for consumption on licensed premises, or by the holder of a conditional licence under the authority of that licence, for any drink containing spirits shall be-

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

(b) Where the quantity of spirits contained in the drink is a full standard measure, or more than a full standard measure, 10d. for each full standard measure.

(2) Where any drink containing a full standard measure or more than a full standard measure of spirits, other than French brandy, is sold for consumption in a lounge or a dining-room of licensed premises, the maximum price of the drink shall be ls. for each full standard measure of spirits contained in the drink. Where any such drink sold as aforesaid contains less than a full standard measure of spirits, the maximum price of the drink shall be 9d.

(3) Where any drink containing a full standard measure or more than a full standard measure of French brandy is sold in a lounge or dining-room of licensed premises, the maximum price of the drink shall be 2s. for each full standard measure of French

brandy contained in the drink. Where the quantity of French brandy contained in any such drink sold as aforesaid is less than a full standard measure, the maximum price of the drink shall be ls. 6d.

(4) (i) Where the purchaser of any drink containing spirits requests a split-sized bottle of aerated water or cordial to be served with the drink, the maximum price that may be charged for any such bottle of aerated water of cordial shall be 3d. if served in the lounge or dining-room of licensed premises and 2d. if served elsewhere.

(ii) For the purposes of this Order the term "split-sized" in relation to any bottle means a bottle containing approximately 6 oz. and known in the hotel trade as split-sized.

(iii) Except as provided in paragraph (i) hereof, no additional charge may be made where any flavouring or diluting ingredient of a non-intoxicating nature is added to the drink.

(5) This clause shall not apply to drinks containing more than one kind of spirits.

(6) The maximum price of any brandy sold on licensed premises (otherwise than by the original bottle) for consumption off the licensed premises shall be at the rate of Is. 4d. per ounce. In addition to that price a reasonable price may be charged for the bottle in which the brandy is delivered 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

6. (1) Subject to the provisions of this Order, the maximum price that may be charged for beer by the licensee of licensed premises for consumption on the premises shall be-

(a) Where the capacity of the container in which the beer is served is not less than 10 oz. but is less than 12 oz.: 6d.

(b) Where the purchaser requests beer to be served in a container of a capacity of less than 10 oz. and the beer is served in any such container: 6d.

(c) Where the capacity of the container in which the beer is served is 12 oz. or more than 12 oz.: 7d.

Provided that where the beer is served in a container filled from the original bottle the maximum price of the drink shall be 7d., irrespective of the capacity of that container.

(2) Where beer is sold for consumption in a lounge or a dining-room of licensed premises the maximum price of the drink shall be Is., irrespective of the capacity of the container in which the drink is served.

7. Subject to the provisions of this Order, the maximum price that may be charged for beer by the holder of a conditional licence under the authority of that licence shall be:-

(a) Where the capacity of the container in which the beer is served is less than 12 oz.: 6d.

(b) Where the capacity of the container in which the beer is served is 12 oz. or more than 12 oz.: 7d.

Provided that where beer is served in a container filled from the original bottle the maximum price of the drink shall be 7d., irrespective of the capacity of that container.

8. (1) Unless the purchaser otherwise requests, no beer sold by any person to whom this Order applies, except beer served in a lounge or dining-room, or beer sold from its original bottle, or beer sold by the holder of a conditional licence under the authority of that licence, shall be served in a container of a capacity of less than 10 oz.