THE ISLAND OF NAURU

LICENCE ORDINANCE 1922 -1955

____________

Short title. 
Short title amended: No. 6, 1965. s.4.

1. † This Ordinance may be cited for all purposes as the as the Licences Ordinance 1922-1955.*

Definitions

2. † In this Ordinance, unless the context otherwise requires-

"The Island" means the Island of Nauru.

"Administrator" means the person for the time being administering the government of the Island of Nauru.

"Trading" includes the doing of any act with a view to or for the purposes of gain or profit.

"Vessel" means the ship or boat.

"Firearm" means and includes and includes any rifle, fowling piece, pistol, revolver, and every kind of weapon of a similar nature.

* The Licences Ordinance 1922-1955 comprises the Licences Ordinance 1922 as amended.
Particulars of the Principal Ordinance and of the amending Ordinances are set out in the following table:-
	
Ordinance	Year and number	Date on which made	Date of Commencement	
Licences Ordinance 1922
Licences Amendment ordinance 1924
Licences Ordinances Amendment Ordinances 1925
Licences Ordinance Amendment Ordinance 1927
Licences Amendment Ordinance 1935
Licences Ordinance 1939
Licences Ordinance 1955	1922. No. 10
1924, No.11
1925, No. 14

1927, No. 6

1935, No. 1
1939, No. 6
1955, No. 2	23rd September, 1922
9th October, 1924
28th November, 1925

21st July, 1927

19th January, 1935
26th August, 1939
18th April, 1955	(See Note 1 below)
(See Note 2 below)
(See Note 3 below)

(See Note 4 below)

(See Note 5 below)
(See Note 6 below)
18th April, 1955	

Note 1. - Section 2 of the Licences Ordinance 1922 reads as follows:-

"2. This Ordinance may be cited for all purposes as the Licences Ordinance 1922, and shall come into operation forthwith, except otherwise in this Ordinance expressly stipulated.”

Note 2. – Section 2 of the Licences Amendment Ordinance 1924 reads as follows:-

“ 2. This Ordinance may be cited for all purposes as the Licences Amendment Ordinance 1924, and shall be held to come into operation on and from the first day of October in the year one thousand nine hundred and twenty–four.”

Note 3. – Section 2 of the Licences Ordinances Amendment Ordinance 1925 reads as follows:-

“2. This Ordinance may be cited as the Licences Ordinances Amendment Ordinance 1925, and shall come into operation on and from the first day of January, 1925.”

Note 4. – The Licences Ordinance Amendment Ordinance 1927 was expressed to come into operation forthwith.

Note 5. – section 1 of the Licences Amendment Ordinance 1935 reads as follows:-

“1. This Ordinance may be cited as Licences Amendment Ordinance 1935 and shall be deemed to have come into operation on the first day of January, 1925.”

Note 6. – Section 2 of the Licences Ordinance 1939 reads as follows:-

“2. This Ordinance shall come into operation on the twenty-sixth day of August, one thousand nine hundred and thirty-nine.”

† Re-numbered by Ordinance No. 1965
15313/65-PRICE

Purposes for which licences required.

3.* Every person following or exercising any of the professions, trades, or callings, or doing any of the acts specified in the Schedule hereto, shall take out a licence and pay a licence fee at the rate set forth in the said Schedule.

Period of licence.

4.*-(1.) A licence issued under this Ordinance shall not, unless herein otherwise expressly provided, be issued for any period less than that specified in respect thereof in the aforesaid Schedule.

(2.) For the purposes of this Ordinance the year shall be deemed to be divided into two half-years – the first half-year being from the first day of January to the thirtieth day of June inclusive, and the second half-year being from the first day of July, to the thirty-first day of December inclusive. A licence issued during any half-year shall date from the first day of each half-year.

Added by No.11, 1924, s. 3.

(3.) Provided, however, that in cases where the licence-fee is not less than One pound ten shillings per annum, a provisional licence for a lesser period may be issued to cover the period from the first day of the month during which such provisional licence is issued until the last day of the current licensing year or half-year as the case may be. The fee for such provisional licence shall be an amount proportionate according to the period for which the provisional licence is issued, to the full yearly or half-yearly licensing fee.

Particulars to be included in licence.

5.* Every licence issued under this Ordinance in respect of any profession, trade, calling, or act specified in the Schedule hereto, other than a licence under headings 4 and 5, shall state the premises, building, or vessel in respect of which the said licence has been issued, and shall be valid only for the premises or vessel indicated therein.

Special permission required for licence to deal in spirits, &c.

6.*(1.) No licence to deal in wines, spirits, and beers shall be issued, except where the applicant thereof has first obtained the permission of the Administrator to take out such licence.

(2.) Any such licence shall be liable to cancellation at any time by the Administrator in any case where he is of the opinion that the privileges conferred by such licence are being abused or that the continuance thereof is undesirable.

Store licences.

7.* A store licence shall entitle the licensee to sell on premises specified in the licence goods in any quantity, but shall not permit the hawking of such goods, nor shall it permit the sale of firearms, ammunition, and explosives.

Explosives.

8.* It shall be illegal to import explosives unless a licence so to do has first been obtained.

Sale of intoxicating liquors.
Substituted by No.2,1955, s.2

9.* (1.) A person shall not deal in, sell or offer for sale any wines, sprits, beer, or other intoxicating liquor unless he is licensed so to do by a licence issued and still in force under the provisions of this Ordinance.

Penalty: £100 or imprisonment for one year.

(2) A person licensed to deal in or to sell wines, sprits, and beer shall not permit any intoxicating liquor to be consumed on the premises specified in the licence unless that licence expressly authorizes him so to do.

Penalty: £50 or imprisonment for three months.

(3.) A person shall not consume any intoxicating liquor on any premises in respect of which a licence to deal in or sell wines, spirits, and beer has been issued unless that licence expressly authorizes sale of that liquor for consumption on those premises.

Penalty: £15 or imprisonment for one month.

General penalty.
Substituted by No. 2, 1955, s. 3.

10.* A person who -

(a) follows or conducts any of the businesses, trades or callings or does any of the acts specified in this Schedule and who does not hold a licence issued to him and still in force under the provisions of this Ordinance; or

(b) having been issued with a licence, commits a breach of any of the conditions stated in such licence; or

(c) otherwise commits a breach of any of the provisions of this Ordinance,

shall be guilty of an offence.

Penalty (except as otherwise expressly provided): £50 or imprisonment for three months.

FIREARMS.

Registration of firearms.
Substituted by No. 6, 1927, s.3.

11. *(1.) Any person having in his possession any firearms shall register the same between the first and thirty-first days of January in each year, and in the case of firearms imported, within two weeks of the importation of such firearms.

(2) Transfer or other disposal of any firearm is prohibited, unless the approval of the Administrator for such action has first been obtained.

(3) A fee of Five shillings shall be paid in respect of each firearm registered.

(4) A fee of Two shillings and sixpence shall be paid in respect of each transfer approved, after the registration fee for the year has been paid.

(5) Penalty for any breach of this section: Fine not exceeding Ten pounds and confiscation of the firearm or firearms.

DOGS.

Drops to be registered.

12. * Every person owning a dog within the limits of the Island shall register such dog at the office of the Administrator or of such other person as may be appointed for the purpose by the Administrator, and any person in whose custody, charge, or possession, or in whose house or premises any dog shall be found or seen, shall, unless the contrary be proved, be deemed to be the owner of such dog for the purpose of this Ordinance.

When registration to be effected.

13. * Registration under this Ordinance shall be effected and renewed in the month of January in each year: Provided that the first registration of any dog imported into the Island between the months of February and November in any year shall be effected within one month of the date of such importation.

Registration fees.
Amended by No. 14,1925,s. 3; and No. 1, 1935, s.4.

14. * For every registration of a male dog effected under this Ordinance a fee of Ten shillings shall be paid at the time of registration be the person making such registration. For every registration of a female dog effected under this Ordinance, a fee of Twenty shillings shall be paid at the time of registration by the person making such registration.

Penalty for failure to register. 
Amended by No. 14, 1925, s. 3.

15. * Any person owning a dog who shall on the first day of February in any year have failed to register such a dog or pay the fee under this Ordinance, and any person importing any dog into the Island who shall fail to register such dog within fourteen days to its arrival in the Island and to pay the fee on such registration as hereinbefore provided shall be liable to a penalty not exceeding Forty shillings, or in default of payment to imprisonment not exceeding seven days, but such penalty or such imprisonment shall not act as a discharge of the obligation to register and pay the fee thereof as hereinbefore provided.

Dogs not under control.

16.* Any official or constable may take possession of any dog that he has reason to suppose to be not under the control of any person, and may detain such dog until the owner has claimed the same and paid all the expenses incurred by reason of such detention, and when any dog taken in pursuance of this Ordinance has been detained for seven clear days, and during such period shall not have been claimed, the Administrator may cause such dog to be destroyed.

Dogs under three months old.
Amended by No. 14, 1925, s. 3.

17.* The foregoing sections shall not apply to dogs under three months old.

PIGS.

Keeping of pigs.
Inserted by No. 6, 1939, s. 3

18.* No person is permitted to keep a boar over the age of three months unless a licence is obtained and a licence fee of £5 per annum is paid. In all cases, before a licence is issued, the owner must submit the boar for inspection by the Administrator or other officer deputed by the Administration.

Penalty for any breach of this section: Fine not exceeding £10 or imprisonment for one month, with or without hard labour, or both.

GENERAL.

Evidence

19. In any prosecution under this Ordinance charging any person with following or exercising any profession, trade, or calling, or doing any act without a licence, the, charge shall be held to be proved if it is shown to the satisfaction of the Court that the accused did actually follow or exercise the said profession, trade, or calling, or do the said act unless he can produce his licence in Court or can show to the satisfaction of the Court that such licence was dully taken out.

Powers of officers.

20. (1.) It shall be lawful for any constable or revenue officer at all reasonable times-

(i) to demand the production of any licence or certificate of registration for inspection;

(ii) to make any inquiries that he thinks fit to ascertain whether any breach of the provisions of this Ordinance has been committed;

(iii) on the written authority of the Administrator, Officer in Charge of Native Constabulary, or of any Administration Officer to enter into or upon any premises, building, or vessel where or in connexion with which he has reason to believe that any profession, trade, or calling is being followed or exercised, or any act is being done in respect of which a licence is required to be taken out and to search any such premises, building, or vessel, and to demand the production of and inspect and take copies of or extracts from the books or documents relating thereto.

(2) If any person obstructs or impedes any constable or officer in the execution of his duty, or refuse to answer any questions reasonably put to him by or makes any false statement to any constable or officer, or refuses, or fails without lawful excuse to produce any book, document, or licence which he is duly required to produce, he shall on conviction be liable to a penalty not exceeding Ten pounds.

Assisting in commission of offences.

21. If any person assists in or procures the commission of any offence against the provisions of this Ordinance, he shall be liable to be dealt with in the same manner as a principal offender.

__________

SCHEDULE

Schedule amended by No. 1, 1935, s.4; and No. 2, 1955, s.4.

		£	s.	d.		
1.	Trading Licence-					
	Main store, or store having no branches………………….yearly	
10	
0	
0		
	half yearly	5	0	0		
	Branch store, that is a branch of a store for which the full licence- fee has been paid………..yearly	

2	

10	

0		
	half yearly 	1	5	0		
2.	Licence to deal in or sell wines, spirits and beer-				

}REPEALED AND REPLACED BY LIQUOR ORDINANCE 1967	
	For dealing n wines, spirits and beer not to be consumed on the premises………….………yearly	

40	

0	

0		
	half yearly	20	0	0		
	For selling wines, spirits, and beer on board a vessel or on the premises of a club approved as such by the Administrator for consumption on board such vessel or on such premises.............................yearly	

20	

0	

0		
	half yearly	10	0	0		
	
3.	Licence to import explosives…………	5	0	0	

}REPEALED AND REPLACED BY FIRST SCHEDULE TO MOTOR TRAFFIC ACT 1937- 1973	
4.	Keeping and using or owning and permitting to be used-					
	A motor car…………yearly	3	0	0		
	A motor cycle or motor cycle and sidecar……….…yearly	
1	
10	
0		
	Provided that a motor car, motor cycle and sidecar kept by an officer of the Administration and used by him in connexion with his official duties or kept by a Minister of Religion ordinarily officiating as such and used by him in connexion with his duties as such Minister of Religion shall be exempt from payment of the licence-fee hereby prescribed.					
	
5.	Owning or being in possession of a male dog- for each dog……………..…yearly	
0	
10	
0		
	Owning or being in possession of a female dog- for each dog …….…yearly	
1	
0	
0		

__________