4. Section 4 provides for meetings of the Board, annually
in November and on other occasions when necessary.
5. Section 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.
6. The effect of the words added by section 9 to section
61 of the principal Ordinance is to remove a conflict between
that section and section 4.
7. Section 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 w hen the Liquors Ordinance
of 1931 was framed but the inclusion of which has since been
found desirable.
8. Section 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 tem-
porarily 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.
9. Section 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
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leaves the Colony in breach of a condition of his licence the END
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 shown to direct the transfer of a licence; by sub-section
(2) further empowers the Board, on the breach of a term or
condition there of, 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.
10. Section 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.
11. I am of opinion that this is an Ordinance to which His
Excellency the Governor may properly assent in the name of
His Majesty and on His behalf.
age
ал
Attorney General.
age 8
;
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