Innkeepers Act 1962

1: Short Title and commencement
1: This Act may be cited as the Innkeepers Act 1962.
2: This Act shall come into force on 1 June 1963.
2: Interpretation
1: In this Act, unless the context otherwise requires,— guest section 5 inn innkeeper Sale and Supply of Alcohol Act 2012 licensed hotel Sale and Supply of Alcohol Act 2012
2: While any on-licence continues in force under the Sale and Supply of Alcohol Act 2012 1908 No 104 ss 4, 172; 1948 No 74 s 67(6); 1961 No 135 s 74(6)(a); Hotel Proprietors Act 1956 s 1(3) (UK) Section 2(1) inn amended 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) innkeeper substituted 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) innkeeper amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) licensed hotel substituted 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) licensed hotel amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(2) substituted 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(2) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Innkeepers' liability
3: Replacement of existing law
1: The provisions of sections 2 4 to 9
2: Section 3(2) repealed 1 January 2008 section 365(4)(a) Property Law Act 2007
4: Liability of innkeeper
1: Subject to the provisions of this Act, every innkeeper shall be liable as an innkeeper for the loss of or damage to property brought to the inn by any guest, whether or not the loss or damage was caused by the default or negligence of another guest or of the innkeeper or his servant or agent.
2: The provisions of this Act shall not limit or affect any other liability incurred by an innkeeper in respect of any property brought to the inn. Hotel Proprietors Act 1956 s 1(1), (2) (UK)
5: Travellers to whom innkeeper liable
An innkeeper shall not, as an innkeeper, be liable to any traveller for the loss of or damage to property brought to the inn except where—
a: at the time of the loss or damage, sleeping accommodation at the inn had been engaged for that traveller; and
b: the loss or damage occurred during the period commencing with the midnight immediately preceding, and ending with the midnight immediately following, a period for which that traveller was a guest at the inn and entitled to use the accommodation so engaged, and the property had been received by the innkeeper or his servant. Hotel Proprietors Act 1956 s 2(1) (UK)
6: General defences
An innkeeper shall not be liable as an innkeeper for the loss of or damage to the property of a guest if the innkeeper proves that—
a: the loss or damage was caused by the default, neglect, or wilful act of the guest or a servant of or person accompanying the guest, or by an act of God or of the Queen's enemies; or
b: the guest had assumed exclusive charge and custody of the property or the room in which the property was at the time of the loss or damage, so as to show an intention to relieve the innkeeper from all responsibility.
7: No liability in respect of vehicles or animals
An innkeeper shall not be liable as an innkeeper for the loss of or damage to—
a: any vehicle, or any property left therein; or
b: any horse or other live animal, or its harness or equipment. Hotel Proprietors Act 1956 s 2(2) (UK)
8: Monetary limit of liability
Where an innkeeper is liable as an innkeeper for the loss of or damage to any property brought to the inn, his liability to any one guest shall not exceed $300 $1,200
a: the property was stolen, lost, or damaged through the default, neglect, or wilful act of the innkeeper or his servant; or
b: the property was deposited by or on behalf of the guest expressly for safe custody with the innkeeper or with a servant of his authorised or appearing to be authorised for the purpose, and was, if so required by the innkeeper or that servant, in a container fastened or sealed by the depositor; or
c: at a time after the guest had arrived at the inn, either the property was offered for deposit as aforesaid and the innkeeper or his servant refused to receive it, or the guest or another guest acting on his behalf wished so to offer the property but, through the default of the innkeeper or his servant, was unable to do so. 1908 No 104 s 174 Hotel Proprietors Act 1956 s 2(3) (UK) Section 8 amended 23 December 1980 section 2 Innkeepers Amendment Act 1980
9: Liability not affected by agreement
No agreement between an innkeeper and a guest shall have any force or effect to exempt the innkeeper in whole or in part from his liability as an innkeeper. Distraint and seizure
10: Property of guests and other persons not to be distrained
1: No property of any guest, traveller, or visitor which is in any inn or any of its appurtenances, or in any place used or occupied therewith in the ordinary course of resort, shall be distrained or seized for or in respect of any claim
2: If any property is distrained or seized contrary to the provisions of subsection (1), the distraint or seizure shall be void, and any District Court Judge 1908 No 104 ss 172, 173 Section 10(1) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 10(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Innkeepers' powers of sale
11: Power of sale to recover debt
1: Where any person deposits with any innkeeper any property, other than a vehicle or property left in a vehicle or a horse or other live animal or its harness or equipment, or leaves any such property in the inn or any of its appurtenances, and the person is or becomes indebted to the innkeeper for the supply of any food, accommodation, or services, the innkeeper may, in satisfaction of the debt, sell and dispose of the property by public auction in accordance with this section.
2: The property shall not be sold until it has been in the charge or custody of the innkeeper, or in or upon the premises, for 2 months without the debt having been paid or satisfied.
3: Notice of the sale shall be given by advertisement published 3 times in a newspaper circulating in the locality in which the inn is situated, with an interval of not less than 3 nor more than 7 days between each publication. The advertisement shall state that the sale will be held on or after a specified date, not being sooner than 28 days after the date of the first publication of the advertisement, and shall give a brief description of the property intended to be sold, together with the name of the owner or person who deposited or left it, where the name is known.
4: The innkeeper may apply the proceeds of the sale in or towards payment of the debt and of the costs and expenses of the advertising and sale, and shall, on demand by the person who so deposited or left the property, pay to that person the surplus proceeds (if any). 1908 No 104 s 175
12: Power to sell unclaimed goods
1: Any innkeeper may sell and dispose of, by public auction, any property left in his charge, if the person who left it does not reclaim it within 6 months.
2: The provisions of subsection (3) of section 11
3: The innkeeper shall, on demand made by the person who left the property, pay to that person any surplus proceeds of the sale remaining after payment of the costs and expenses of the advertising and sale. 1908 No 104 s 176
13: Disposal of unclaimed surplus proceeds of sale
1: Where within 3 months after any sale under section 11 section 12 to the Commissioner of Inland Revenue
2: All money payable to the Commissioner of Inland Revenue
3: Any money paid to the Commissioner of Inland Revenue the provisions of section 11 Section 13(1) amended 1 June 1971 section 14(2)(a) Unclaimed Money Act 1971 Section 13(2) amended 1 June 1971 section 14(2)(a) Unclaimed Money Act 1971 Section 13(3) amended 1 June 1971 section 14(2)(a) Unclaimed Money Act 1971 Section 13(3) amended 1 June 1971 section 14(2)(b) Unclaimed Money Act 1971 Repeals
14: Repeals
Sections 172 to 176 of the Licensing Act 1908