The New Licensing Bill.

Manawatu Standard, Volume XL, Issue 7901, 31 August 1904, Page 2

The New Licensing Bill.

Introduced Into Parliament.

Its Chief Features

Tbe Licensing Aci Amendment Si'l was introduced into P_iliamenC last eyemng. II Provides thai this measure shall form part of and be read with the :Act of 1895;-that, at the licensing poll to be taken next after'the paaUng.of this Act and r;t any subsequent licensing poll theve shall 'be submitted for the determination of the electors the following question, :-^(a). Whether licenses v übe S'-anted in the district; (b) whether no licenses eh ail be granted in tbe district.

After-providing machinery clauses for voting, the Bill provides'that a voting paper shall not be rejected as informal merely on the ground of imperfection of mark of the voter if he has made it obvious how he intended to vote. The third schedule of the Act of 1595 is repealed and schedule 2 substituted. To carry "no license " a three-fifths majority is required as hitherto. If such proposal is carried it will net be necessary to elect a licensing committee for that district and it shall not be lawful to grant or renew any publican's or other license to sell alcoholic liquors, clubs included, until after another, poll has been taken. If 'm o ii eense '> i s rio t carried the number of existing licenses shall continue, subject to certain rights to refuse to renew licenses objected to. A three-fifths majority- is required to reverse a "no license" vote. The result of every licensing poll (whether now in force or taken under this Act) shall have effect until superseded at a subsequent valid licensing poll.

On tho taking- of tho licensing poll a poll shall also be taken in each licensing district to"- determine the question' whether or not, in the event of" hoicense" being carried in the district, liquor shall or shall not (except for religious s .medicinal, scientific or manufacturing, purposes) be allowed in the district or in possession of any person ia the district, A three-fifths majority is required to carry this proposal. If this proposal is carried it will not be lawful for any porson to have any liquor in his possession after one month from tho date when such determination comes into force. Any porson in whose possession liquor is found contrary to the provisions of the Act is liable to a fine not exoeeding £20 and the forfeiture of all liquor and receptacles, these beiDg handed over, to the hospital board of the district;. Wine held for religious and liquor for scientific purposes is exempt from this provision, but must be held subject to certain conditions.

It shall not be lawful for a person to solicit or receive orders for liquor in a "no-license" district, except under certain conditions, the chief oE which provide that liquor scut to a. " no-license " district must be through a customs officer and for the consumption of the receiver and not for sale. A fine of not more than £50 and not less than £25 is provided for a breach of this clause; or imprisonment for not more than three or less than one month may be imposed Machinery clauses are provided for the change of boundaries of districts.

If the result of any licensing poll ia disputed on the ground that the count of the returning officer was incorrect any cix electors may, within throe days after the notice of such result, apply to ft magistrate for a recount of the votes, a deposit of £10 to be made with such application. If, on the recount, the mas&istiata ficds that the result of the poll as determined by, the returning officer was incorrect he" shall order an amended public notice of the result of the poll. If the application was frivolous, the deposit may be forfeited. If any fifty electors are dissatisfied with a poll they may, within 14 days, demand an inquiry as to the conduct of the poll or any person thoreat, such petition to be accompanied by a deposit of £20. Any six electors may oppose such a petition. A magistrate is to be the chairman of the Court to hear such petition and may compel the production of evidence. If the. Court is of opinion that some irregularity materially affected the result of the poll, the poll may be declared void, or whether any or what proposal was carried and such determination is to be final. The magistrate is to report to the Minister the names of the persona found guilty of irregularities and whether the fairness ot a poll has been defeated, and whether or not such irregularity materially affected the result of a poll. Persons so named shall be liable to a fine not exceeding^£_o where the irregularity did not tend to materially affect the result but tended to defeat the fairness of the poll, or where such irregularity did not materially affect the result or defeat the fairness of a poll a fine not exceeding £5 is imposed.

Irregularities consist of. interfering with an elector in a polling booth or while on his way thereto with the intention of influencing or advising him as .to", his vote, or prints or distributes or delivers to any person on the day of a poll, or at any time during three days immediately preceding a poll, anything being or purporting to be an imitation of any voting paper to be used at a poll, or having thereon the issue to'be decided'at the poll, together with any direction as to how a person should vote . during the. hours which a poll is being taken makes a public demonstration with reference to a poll by means of living figures,, effigies, paintings, placards or other means, or obtains possession of any voting paper other than tho one given him by the returning officer, or retains any voting paper in his-possession after leaving the polling booth.

The parties petitioning or the parties , petitioned against may be required to pay the expenses of an enquiry. ! Where a licensing poll is declared void lav iia new poll orderea i such fresh poll i shall not be valid unless the number of valid yotes recorded, thereat i 3' not less than half thß number of valid votes recorded at the voided poll. At such fresh poll-the roll used shall be the same as used at the voided poll. * On taking sfrpoll after the passing of this Act and simultaneously therewith a poll of electors will be taken on the question whether or not the sale of hquor shall be under State control. The majority required to carry the proposal shall be the majority of all valid votes recorded throughout New Zealand. If the poll is m favour of the proposal the Colonial Secretary' is, withm 10 days after the next ensuing session of Parliament, to introduce a Rill to give effect thereto. The result Ol the poll is to continue m force for six years.

That portion of New Zealand imovra

as Eoha'Potao to be a prohibited district, it shall not be lawful to.supply liquor to any male Maori wbo is under the lofluence of liqu r/or sell it in any way. give or.supply or allow lo be sold, given or Buppliedi^any^liquor ;;tofany female "Ma?s??;;; ex.^*?' oa7 a certificate from a medica/, practitioner tbafeuch is applied' medicinally^ Firfcoffendevs are liable' tv a-penally, of _250 and;'for' a second offence to . imprisonment tor three months, and for any subsequent offenoe for any term not exceeding 12 mouths. It is,provided, that the export to and importaiion into the' Cook and other islands shall absolutely cease so far as private enterprise is concerned. A fine not exceeding £50 is provided for a first offence and for a second imprisonment not exceeding threo .months, and for subsequent offences 12 months. The Collector of Customs is- to take possession of liquor at present in the Loot Islands and pay comnensation to the.owners.

The Niue and other islands are similarly declared prohibited districts with penalties for breaches of tbe Act.' The Act to come into force on January Ist next.

_ Prom and after January 1, 1905, liquor ahail bo sold and supplied in the" said islands for use in the arts of manu. facturas or for medicinal, scientific and household purposes, but not for any other use or putpose by such officer-* of his Majesty's Customs :as may he specially appointed by-tbe Governor for lhat purpose.

Begalailons aro provided as to the mode of Bale and quantity of liquor to be sold under these provisions. Polyneaians and Asiatics are declared prohibited persons. Tae manufacture o£ "buoh beer" and " ocange boor" ia prohibißed.

, Peualties.are provided for the evasion of the provisions of the Act. With respect to Ihe licensing committee of each district it is provided .that if tbe number of elective members elected is less than the number required to be elected the Governor may appoint such deficient number. The elective members are to be elected on the second Monday in March, 1906, and on the Saw day everJ thir<i Tear thereafter. Where a license lapsed or is refused renewal, the original number of licenses in the district and any number short thereof shall not "be made up by granting a new lie ense anywhere beyond the boundary of the borough if undivided or beyond the ward if d.irided into wards or ridings of a county within, which the licensed premises were situated. A lapsed license cannot be granted as a new, license for premises more than half a mile from the original licensed premises m a borough, or more than one mile in a county.

Applicants for licenses must be of good character

Regarding endorsements it is provided that endorsements made prior to the passing, of this Act shall lapse. Records are to be kept of convictions for breaches of the Act. Records against a license are, also, to be made against the offender. Three convictions within three years to disqualify such person from holdine a license for five years. Convictions are, also, recorded- against premises, three within three years to be sufficient to cancel a license, unless the committee determine otherwise, and no license to be granted thereafter for such premises for a period of two years. Two convictions justify tho cancelling of the lease if the licensee is a tenant. If an application for a renewal is not disposed of before the day of expiry of a license by effluxion of time, tho license Bhall continue until finally disposed of. A wholesale license authorises the sale of two gallons of the same desorip. tion of liquor. Persons under 18 years of ago musfi not bo supplied with liquor. Persons representing themselves to b9 over the age of 18 years are rendered liable to punishment by fine.

A person who sends a child under 13 years of age for liquor is liable to a fine. Every person found on premises at any time when such premises are required to be closed is liable to a fine not exceeding £2, unless an inmate, servant, or lodger, on ihe premises, a bona fide traveller, or that otherwise bis presence on such premises is not a breach of the Act. Any constable may demand tho name and address of any person found on licensed premises if he has reasonable grounds to suppose the^e ia a breach of the Act. Persistent refusal to afford information demanded by tho po'iee is made a cause for apprehec--Bion wicbout warrant. Fines are provided for false information. Licensees permitting gambling are liable to fines.

. For supplying liquor to a person who 13 drunk, a young person within the meaning of the Act, a child, or any prohibited person, any porson other than a licensee is liable to a fine not exceedin_ £10, irrespective of tho liability of the licensee.

A fine of £50 is provided for the supply of liquor, for consumption off the premises, to a Maori. The Governor may declare auy ingredient injurious to health, and liquor containing such ingredient shall be deemed to be adulterated. Prosecutions for breaches ofprovisums under the Licensing Acts are to be commenced within one month after the date of such breach. It shall not be lawful for an owner or landlord of any licensed premises to demand or receive any fine, payment, bonus, premium, or consideration for his consent to any assignment of licensed premises or license by the licensee. Any moneys so paid are recoverable as a debt from the person receiving same. y Relating: to tied houses, any covenant proyidmg for a rebate or refund of rent providing the lessee purchases any liquor or goods exclusively from the lessor, shall be rectified as provided. blubs are to be closed durine the same hours as hotels and are subject to the provisionsi of the Licensing Acts relating to gambling Club charters are to be suspended in "no-license" districts. *

Club charters may be cancelled, for breaches of tho Act.

_ Licensing oommittees may authorise licensees io close or partially close their premises or suspend their business iteguJationg may be made for the guidance of returning officers and thefr assistants.