15 JAN.]

Price Order No. 1442 (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, hereby makes the following Price Order:

1. This Order may be cited as Price Order No. 1442, and shall
   come into force on the 19th day of January 1953.

2. (1) Price Orders Nos. 1387* and 1408† are hereby revoked.
   (2) The revocation of the said Orders 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 in respect of which beer duty in accordance with
   Part III of the Finance Act 1915, is payable:
   “Licensing Trust” means any licensing trust now or here-
   after established under any Act:
   “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.
   (3) For the purposes of this Order a Licensing Trust shall be
   deemed to be the holder of a publican’s licence, and any premises
   maintained by a Licensing Trust in which liquor is sold or supplied
   shall be deemed to be licensed premises, and the person for the time
   being charged with the management of any such premises shall be
   deemed to be the licensee thereof.

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, 8d.:
   (b) Where the quantity of spirits contained in the drink is a
   full standard measure, or more than a full standard
   measure, 1s. 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 served in a lounge or a dining-room of licensed premises,
   the maximum price of the drink shall be 1s. 3d. for each full standard
   measure of spirits contained in the drink. Where any such drink
   served as aforesaid contains less than a full standard measure of
   spirits, the maximum price of the drink shall be 1s.
   (3) Where any drink containing a full standard measure or
   more than a full standard measure of French brandy is served 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 served as aforesaid is less than a
   full standard measure, the maximum price of the drink shall be
   1s. 6d.
   (4) (i) Where the purchaser of any drink containing spirits
   requests a split-sized bottle of aerated water to be served with
   the drink, the maximum price that may be charged for any such
   bottle of aerated water shall be 4d. if served in the lounge or dining-
   room of licensed premises and 3d. 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 1s. 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.

• Gazette, 26 June 1952, Vol. II, page 1125.
  † Gazette, 11 September 1952, Vol. III, page 1489.
  ‡ Statutory Regulations 1946, Serial number 1946/68, page 141.

THE NEW ZEALAND GAZETTE

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 9 oz. but is less than 11 oz.: 6d.
   (b) Where the purchaser requests beer to be served in a con-
   tainer of a capacity of less than 9 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 11 oz. or more than 11 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 served in a lounge or a dining-room of
   licensed premises the maximum price of the drink shall be 1s.,
   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 11 oz.: 6d.
   (b) Where the capacity of the container in which the beer is
   served is 11 oz. or more than 11 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 the
   subject of a sale 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 9 oz.
   (2) Any container in which beer is served by a person to whom
   this Order applies shall be filled as nearly as reasonably possible to
   its full capacity.
   (3) Where the purchaser of beer requests the addition of any
   flavouring or diluting ingredient of a non-intoxicating nature to
   his drink, the provisions of this clause shall apply as if all the drink
   consisted of beer.

GENERAL

9. 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,
   or by the holder of a conditional licence, may authorize special
   maximum prices in respect of any drinks to which this Order applies
   where special circumstances exist or for any reason extraordinary
   charges (freight or otherwise) are incurred by the applicant. Any
   authority given by the Tribunal under this clause may apply with
   respect to a particular drink or class of drinks or may relate
   generally to drinks to which this Order applies sold by the applicant
   while the approval remains in force. Any authority given under
   this clause shall be exhibited in the manner prescribed by clause
   11 hereof in respect of Price Orders.

10. For the purposes of this Order liquor shall be deemed to
    be served in a lounge or a dining-room only if it is served to the
    purchaser by the licensee or his servant in the lounge or dining-
    room and not directly to the purchaser over a counter.

11. Every licensee of any licensed premises, and every holder
    of a conditional licence, 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 or in
    every place of sale or disposal of liquor under the authority of the
    conditional licence (as the case may be) in such a position that
    customers may examine the Price Order or statement without
    having to ask for its production and without having to obtain
    permission to examine it.

Dated at Wellington, this 14th day of January 1953.

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

G. LAURENCE, Presiding Member.
D. W. A. BARKER, Member.

Price Order No. 1434, Amendment No. 1 of Price Order No. 1401
(Cream)

PURSUANT to the Control of Prices Act 1947, the Price Tribunal,
acting with the authority of the Minister of Industries and
Commerce, hereby makes the following amending Price Order:-

1. This Order may be cited as Price Order No. 1434, and shall
   be read together with and deemed part of Price Order No. 1401*
   (hereinafter referred to as the principal Order).

2. This Order shall come into force on the 16th day of January

4. The definition of the term “cream” in paragraph 3 (1)
   of the principal Order is hereby revoked and the following definition
   substituted:—

The terms “Cream”, “Pasteurized Cream” and “Recon-
stiuted Cream” shall have the same meanings as in the
Food and Drug Regulations 1946†

Dated at Wellington, this 5th day of January 1953.

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

G. LAURENCE, Presiding Member.
D. W. A. BARKER, Member.

• Gazette, 14 August 1952, Vol. II, page 1370.
  † Statutory Regulations 1946, Serial number 1946/136, page 327.