No. 42

895

SUPPLEMENT

TO THE

NEW ZEALAND GAZETTE

OF

THURSDAY, 3 JULY 1958

Published by Authority

WELLINGTON: FRIDAY, 4 JULY 1958

Price Order No. 1745 (Spirits and Beer)

PURSUANT to the Control of Prices Act 1947, the Price Tribunal hereby makes the following Price Order:

1. This order may be cited as Price Order No. 1745, and shall come into force on the 9th day of July 1958.

2. (1) Price Order No. 1442* 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 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 hereafter 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, 9d.

(b) Where the quantity of spirits contained in the drink is a full standard measure, or more than a full standard measure, 1s. 3d. 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. 6d. 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. 3d.

(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. 3d. 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. 9d.

4. (i) Where the purchaser of any drink containing spirits requests a split-sized bottle of aerated water to be served with the drink, an additional charge may be made for such bottle.

(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.