Limited Licence Sought For Restaurants

Press, Volume CIV, Issue 30826, 11 August 1965, Page 10

Limited Licence Sought For Restaurants

yew Zealand Tress Association

WELLINGTON, August 10.

A descendant of a former New Zealand Prime Minister, Richard Seddon, was among three persons making submissions today to the Parliamentary Statute Committee on provision of the Sale of Liquor Amendment Bill.

Miss Mary Seddon, proprietress of a coffee shop and restaurant in Wellington, explained to the committee she was appearing because of her genuine interest as a citizen in seeing the standards of New Zealand dining-rooms raised.

She said the facilities available to the public generally i should equate more nearly to the facilities which were available in other civilised countries. ■ She asked that the LicensI ing Control Commission be i given power to grant to restaurants of limited or different standards a special limited licence to sell wine. Submissions were also made today by the Association of Chartered Clubs, represented by the president (Mr R. A. McKay) and Mr J. T. Coltman. manager of the Grand Hotel, Wellington, represented by Mr R B. Cooke, Q.C. “While we hesitate to com ment on the policies of the two major political parties we feel the time has come where any reference to liauor should he eliminated," Mr McKay said on behalf of the chartered clubs. “In spite of increasing majorities against prohibition in the triennial licensing polls, there is little real hope of relaxation in the legislation while our members of Parliament have their hands tied by outmoded election platforms.” STAGGERED HOURS The association submitted that trading hours be staggered by maintaining hours at their present 54 a week but permitting clubs to arrange their hours to suit their members. Clubs could then open in the evening by closing their bars for an equivalent period in the day time, Mr McKay said. I Such arrangement of hours would be subject to approval !by the district licensing com iniitee or the local magistrate “The need for staggered hours has long been obvious in rural areas," said Mr I McKay. “Today there is a (growing tendency in metro- | politan areas to extend the I working day to 10 hours I Club members working from 17 a.m. to 6 p.m. are practi-

cally debarred from using their own clubs." The association said it had been in existence for more than 50 years and had over 100.000 members in the 200 or so clubs affected ■'Can we not arrange our hours to suit those who like a drink and not to suit those who do not drink.” asked Mr McKay. On the issue of hours, for sports clubs, the association said it was doubtful if any sports club would dispense liquor for more than 25 hours a week. “For this reason we suggest there should be some extension of hours past 6 p.m and that liquor should be available on Sundays." The association considered sports clubs in no-licence areas should not be excluded from the provision of the bill. “Clubs are not hotels and the granting of this type of charter was not envisaged by electors in anv past licensing poll.” Mr McKay said. He said the incongruity of the position was demonstrated in Wellington where it appeared the bill applied only to three sports clubs OFF-PREMISES

On off-premises sales, the association said it was examining legal aspects of the Licensing Control Commission’s decision in the Putaruru test case. It did not propose to bring the matter before the Statutes Revision Committee at this staee.

The association noted the amending bill stipulated that sports club charters would have liquor sales confined to consumption on the premises “We understand this is the wish of the sports clubs." said Mr McKay. “The association cannot emphasise too strongly its opposition to this provision being accepted as a precedent to, or in any way affecting its long-standing claim to ‘off-premises’ sales as an inherent right of all chartered clubs.”

Under questioning by Mr J G. Edwards (Opp.. Napier). Mr McKay said association submissions on hours would apply to sports clubs only, but submissions on staggered hours would apply to “our normal chartered clubs.” Asked by Mr H. G. R. Mason (Opp., New Lynn) if he knew of any precedents. Mr McKay said in New South Wales in

1962 there were about 1100 registered clubs which in general could open on Sundays. “Do you feel it would be fair to have the sports clubs pay the equivalent of a tavern Iciensing fee?" asked Mr Edwards. “Certainly not," replied Mr McKay. ACCOMMODATION He said he did not believe extension of provisions in the bill would affect the accommodation industry at all. In reply to a question from Mr D .1. Riddiford (Govt.. Wellington Central). Mr McKay said the association had no sports clubs in its membership, but included such groups as residential and working men’s clubs. Appointment of hotel managers was the issue emphasised in submissions by Mr Cooke, on behalf of Mr Coltman.

Mr Cooke said his submissions were supported by the Hotel Association of New Zealand and the National Council. He submitted there was no sound reason why the Sale of Liquor Act should not be amended so as clearly to enable the holder of a hotelkeeper’s licence to appoint 1 duly certified managers who would each have responsibility during specified periods or shifts. “In such cases no doubt a proper record would have to be kept, and be readily available to the police, so as to show who is responsible for the conduct of the business at anv time,” he said. Mr Cooke submitted provision was made in the act for temoorary acting managers. but it was not clear whether the appointment of more than one manager as a permanent arrangement was authorised, NIGHT MANAGER

“This may be very desirable where a hotel is sufficiently busy to warrant the appointment of, for example, a night manager to take over when the day manager's duties have finished.” Mr Cooke said. “Such a system is common overseas ind would seem to ensure closer and more busi-ness-like control than a system which may allow only one manager, with continuous responsibility."

Mr Cooke submitted if an amendment on the lines suggested was introduced, it would also be reasonable in such cases to modify the sections under which at present

every manager or licensee conducting the business was required to reside on the premises (subject to certain exemptions covering annual leave and inability to perform duties because of sickness or absence). “It should be sufficient to require the person responsible for the conduct of the business between, say, the ! hours of 11 p.m. and 8 a.m.. to reside on the premises. “Such a change would encourage people to undertake hotel-keeping or hotel management with the knowledge their wives and children would not necessarily have to live in the hotel,” Mr Cooke said SUB-SECTION “In her 11-page submission. Miss Seddon suggested a subsection along the following lines be added to the bill: “The Licensing Control Commission may grant a special, limited licence to sell wine to restaurants of limited or different standards. In granting the licence, the commission shall have regard to the standard and quality of the meals provided and to any features of an artistic and cultural nature that the proprietor of the restaurant provides, and may make the continuation such a feature a condition of the licence." Miss Seddon said the licence should not be capable of being transferred except to a person who satisfied the commission that the same amenities and features of an equal standard would continue to be provided. “The case of smaller restaurants whose standards might fall below those set by the commission iin some respects, but can provide other compensatory amenities either in cuisine or in ' culture generally should be covered,” Miss Seddon urged. 1963 APPLICATION Miss Seddon recalled that in 1963 Monde Marie, Ltd., had applied for a wine licence, making it clear it was seeking only a limited licence. “In evidence, I suggested to the commission a maximum of one pint a person a meal and proposed to use New Zealand wine exclusively," Miss Seddon said. The application was rejected She said the grounds given in the commission’s decision were not, in the main, directed at the Monde Marie, in

particular, but could be apohed to all small restaurants! throughout the country. “They approved of the! quality of mj’ meals, they I hoped this would continue,; but they were not prepared to I make any concessions or relax | the rigidity of their require-; ments so I could have an eco-i nomic chance to continue todo so,” Miss Seddon said. She contended this was, in effect, a policy decision.

“1 know of no small restaurant with high quality decor and presentation that can afford to serve a simple but well-cooked meal in the 5s to 10s price range and afford all the expensive plumbing stipulated by the commission.” Mr Riddiford asked Miss Seddon if she knew of any other small restaurants in the same position as the Monde Marie. “We arc becoming so extinct 1 think 1 represent only a handful of people." she replied. Miss Seddon said the whole question was not one of vast numbers of small restaurants. It was, rather, that more individualistic restaurants were disappearing, and there was a gap forming between what she called the “hash house one side and the expensive restaurant on the other.”