612
3. Clause 4 provides for meetings of the Board, annually in November and on other occasions when necessary.
4. Clause 5 by adding the words "address and'' in section 15 of the principal Ordinance gives persons living in the vicinity of premises in respect of which application for a licence is made a better opportunity of identifying the premises in case they wish to oppose the application or to appeal to the Governor in Council against a decision of the Licensing Board under section 13.
5. The effect of the words added by clause 9 to section 61 of the principal Ordinance is to remove a conflict between that section and section 4.
6. Clause 3 re-introduces, with a slight modification, into section 6 of the principal Ordinance the provisions of section 6 (3) of the old Liquors Ordinance (No. 9 of 1911) which were considered unnecessary when the Liquors Ordinance of 1931 was framed but the inclusion of which has since been found desirable.
7. Clause 6 inserts in the principal Ordinance a new provision (section 17A) for the issue by the Secretary of the Licensing Board of special permits enabling the control and management of licensed premises to be taken over temporarily by another person during the illness or temporary absence of the licensee. A fee of $10 is prescribed for every such permit, and during the currency of a permit the holder is deemed to be the person licensed in respect of those premises.
8. Clause 7 substitutes for section 18 of the principal Ordinance a new section the provisions of which have been found by experience to be necessary.
The law as it stands precludes the transfer of a licence without the consent of the original licensee, and hence the licensed nominee of a firm or company owning licensed premises could, if dismissed, bring the whole business to a standstill by refusing his consent to any transfer of the licence. Again, if a licensee leaves the Colony in breach of a condition of his licence the same impasse arises, since the Ordinance makes no provision for forfeiture of a licence except under section 85 on a second or subsequent conviction of the licensee by a magistrate.
The new section by sub-section (1) empowers the Board on good cause shewn to direct the transfer of a licence; by sub-section (2) further empowers the Board, on the breach of a term or condition thereof, to order the cancellation of a licence; and by sub-section (3) the right of appeal to the Governor in Council against a decision of the Board under this section is given to
(a) an aggrieved applicant for transfer under sub-section (1):
(b) a licensee whose licence is directed to be cancelled under sub-section (2); and
(c) in either case, to twenty interested householders living near the licensed premises affected.
9. Clause 8 substitutes a new paragraph for paragraph (a) of section 22(1) of the principal Ordinance, which will enable the Governor in Council, by the exercise of his powers under section 88 (7) of the principal Ordinance, to prescribe the hours between which liquor may be sold or drunk on licensed premises.
January, 1935.
C. G. ALABASTER,
Attorney General.