Flexibility “Keynote” Of Liquor Laws

Press, Volume CVIII, Issue 31774, 3 September 1968, Page 26

Flexibility “Keynote” Of Liquor Laws

(New Zealand Press Association)

WELLINGTON, September 2.

Flexibility appeared to be the keynote of the new legislation fixing bar hours, Mr R. B. Cooke, Q.C., submitted during an appeal to the Licensing Control Commission today.

In the referendum last year the majority of the people voted not for a rigid or general pattern but for closing later than 6 p.m., with local conditions being the governing factor in fixing the hours, he said.

The commission was hearing an appeal against the decision of the Wellington Licensing Committee, which refused an application by the Britannia Hotel, Willis Street, for variations in hours.

The hotel had applied for an order fixing hours for the sale of liquor to the public as 9 a.m. to 8 p.m. The commission, after hearing evidence, reserved its de cision.

The appeal is the first relating to variation in bar hours under the new legislation.

Mr Cooke, with him Mr P L. Harper, appeared for the appellants, Leasehold Developments Ltd, the owners of the Britannia Hotel. Mr J. J. Baldwin appeared for the Liquor Licensing Action Committee, and Mr G. S Orr was the counsel assisting the commission. Mr Cooke submitted that the Sale of Liquor Amendment Act last year gave effect to the principle of flexibility in three main ways. The first, he said, was the procedure of application to local committees with full appeal rights. The second was the very wide range of possible orders that could be made on these applications. “Third, the only condition about which the committee—or the commission on appeal —must be satisfied before making the order is that it is in the public interest to do so.” In practice, said Mr Cooke, the principle of flexibility was being implemented, but only gradually. At August 30, 41 of the 1076 licensed hotels and taverns had been granted variation orders. In Wellington, five of 40 had so far obtained variations. “Although a reasonable start has been made, these figures suggest that there is

still room for progress towards greater flexibility and liberalisation,” said Mr Cooke.

Mr Cooke said there was no lack of hotels in Willis Street well equipped to cater for evening drinking. A sensible use of the resources would be to have one hotel which was less well adapted to evening drinking to open at 9 a.m. He said the Britannia, a small hotel, was traditionally a businessman’s hotel. Those who would like to use it before 11 a.m. could not now do so. “LIBERAL INTENTIONS” “In the circumstances it is submitted that the liberal intentions of Parliament would be frustrated, and so would the public interest, if the present application were refused.”

Evidence supporting earlier hours of opening was given by two journalists, an advertising representative, and a company representative. On behalf of the Liquor Licensing Action Committee, a group representing people who voted for later hours and who are interested in improved drinking conditions and in improved drinking habits, Mr C. Bollinger said that persons who wanted bars open before 11 a.m. were already well catered for. Mr Bollinger said that one of the improvements hoped for by those who voted for later hours was to do away with the “six o’clock swill” and to encourage leisurely drinking.

Course On Pesticides.— About 56 agricultural contractors and noxious-weed inspectors from many parts of the North Island yesterday attended a block course on pesticides at the Waikato Technical Institute.—(P.A.)