184163-1931-Supplementary-Draft-Bill--Liquors — Page 5

Mode of election of licensing justices.

Mode of deciding application.

Application for pub- lican's or adjunct licence.

First

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(3) The chairman, vice-chairman and two other mem- bers shall be appointed by the Governor, and of the four members appointed by the Governor under this sub-section two shall be official and two unofficial justices of the peace.

(4) Three of the members of the Board shall be elected by the unofficial justices of the peace from among their number: Provided that if no nomination is received, or if nominations are not received for all the vacancies announced, it shall be lawful for the Governor to appoint a justice or justices to fill the vacancy or vacancies.

(5) If any licensing justice who was appointed by the Governor under sub-section (3) is absent from the Colony, it shall be lawful for the Governor to appoint another justice to act as a member of the Board during the absence of the substantive member. Such acting member shall be an official or an unofficial justice according as the substantive member is an official or an unofficial justice.

(6) If any licensing justice who was elected or ap- pointed under sub-section (4) is absent from the Colony, it shall be lawful for the unofficial justices' of the peace to elect from among their number a justice to act as a member of the Board during the absence of the substantive member: Provided that an acting member may be appointed by the Governor if no nomination is received for the acting appoint- ment.

(7) Three members of the Board, one of whom must be the chairman or vice-chairman, shall form quorum.

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10. The mode of election of licensing justices, the proceedings incident and other matters relating there- to, shall be governed by rules made by the Governor in Council,

11. All questions arising at any meeting of the Board shall be determined by a majority of votes of the justices present. In the case of an equality of votes the chairman shall have a second or casting vote:

12. Every person desirous of obtaining a publican's or an adjunct licence shall make application in writing to the Board in Form No. 2 or Form No. 3 in the First Schedule, according to the nature of the licence required. Such application shall state the name and address of the applicant, his nationality, the period or Forms Nos. periods, if any, during which he has previously held a licence, and the address and the proposed name or sign of the premises in respect of which a licence is desired.

Schedule.

2, 3.

Decision of Board sub- ject to

appeal to Governor in Council.

to be re-

13. The Board may refuse such application or they may grant it absolutely or subject to conditions. The applicant or twenty householders within a radius of quarter of a mile of the premises licensed or to be licensed shall be entitled to appeal to the Governor in Council with respect to any decision of the Board under this section.

Applications

14. In the event of the refusal of an application by refused not the Board, maintained on appeal (if any), the ap- plicant shall not be entitled to make another applica- newed within tion in respect of the same premises within a period

of twelve months from the original application.

twelve

months.

Advertise-

15. The Board shall in every case at least one ment of week previous to the grant of an application cause application. advertisement to be made in the Gazette and in one local newspaper at the expense of the applicant setting

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