A LICENSING PROBLEM

Bay of Plenty Times, Volume XIV, Issue 1840, 19 May 1885, Page 3

A LICENSING PROBLEM

"While the temperance party are jubilant at their success in stopping the issue of more licenses for the sale of liquor in a number of licensing districts, "a magisterial decision by Mr Clendon has shown an open door for unrestricted sale, which not a few enterprising people will avail themselves of. Under clause 229 of the Licensing Act, clubs are exempted from all the harassing provisions under which licensed victuallers pursue their legitimate calling. They have been relieved from police supervision, and are allowed to sell liquor at any hour or on any day they choose ; They may permit gambling, music, dancing, and any other kind of roystering pleasing to the tastes of their patrons, and all for the modest sum of £5 a year. Members of Parliament, who are all members of clubs, scouted the idea of a man in .blue being allowed free entrance to the halls of their banquetting houses, but even they had no idea pi conferring these privileges indiscriminately. It has been currently accepted as the'law that a club can sell to its own members ; but Mr Clendon's decision, which appears to be fully sustained by the wording of the Act, declares that no conviction can be obtained against the keeper of a club unless it can be proved that he has vended the liquor for \m own benefit. Any officer of a Club may, in fact, carry on indiscriminate sale just as freely as a licensed victualler if he can prove that he is selling on behalf of the Club, and not for his own benefit. The case at Waipu, which called forth this decision, afforded a Btriking example of the way in which club charters may be used to defeat the Licensing Act. The "Waipu ratepayers declared emphatically against a licensed house in the district. Then this movement for a club was set on foot, and as an application from any ten persons is sufficient under the Act to obtain a club license from the Colonial Secretary, there would be no trouble in getting the required signature in a district where gum-diggers abound , even if every bona fide ratepayer in the country around were bitterly opposed to the sale. Having obtained a charter, it is only necessary to frame rules and keep up the farce of a Committee in order to secure the proprietor of the establishment against prosecution for sly grog Helling, although he may be selling to all and sundry who become "guests" of the Club.* The Legislature could never have meditated the perpetration of such, a farce as this. It reduces the entire Act, with its 230 elaborate clauses, to the value of waste paper. The Government will, we may suppose, now introduce a bill repairing the flaw, - but . . meanwhile the Colonial Secretary ought to exercise more care in granting club licenses in districts

where the ratepayers have decided against increase facilities >£ sale. The above appeared in the A uckland Evening Star of the 7th inst and is important as showing the position of Clubs in reference to the Licensing Act.