THE LICENSING ACT.

Dominion, Volume 2, Issue 464, 24 March 1909, Page 8

THE LICENSING ACT.

IS IT OBSERVED? A QUESTION FOR MASTERTON-.- ' WILL THE RACE MEETING BE "DRY"? Is the Licensing Act in its entirety being obsorved at Masterton? This question was put very forcibly to a representative of Tub Dominion, ami enquiries elicited some interesting information. The facts aro simple. Hero they are. What tho Law Says. Tlic Licensing Act, Section 24, Sub-section (c) (Consolidated Statutes), states:— ■ , If the returning officer finds that the number of votes recorded in favour of tho proposal that no licenses shall bo granted in tho district is not less tlian three-fifths of all the voters whoso votes wcro recorded — Then such proposal shall bo deemed to bo carried, and shall supersede the proposals for reduction and for continuance of licenses, and he shall notify the Licensing Committee thereof; and thereafter no license of any description shall be granted therein until alter another licensiug poll has been taken. The words to bo. specially noted in the above sub-section arc —"thereafter (i.e., after notification of tho result of the poll) no license of any description shall bo granted." T!:o First Alleged Ursaoh. The licensing poll was held on November 27, 1003, and though no precise information on the point is available just now, it may be presumed that tho result was officially notiliod to the chairman of the Licensing Committee before many days had elapsed. Yet, on December 12, the privilege of conducting a publican's booth at tho Caledonian sports at iMasteiton was sold by auction for £24 to Mr. P. Jorgenson, of the Kqpuaranga Hotel. The sports were held- on Xcw Year's Day, and Jir. Jorgenson carried on business on that occasion under a conditional licenso of the usual kind. That was the first alleged breach of Section 21. The wording of tho section seems to show that the appeal against the result of tho poll makes no difference whatever, though judgment was not given until January 12. The Second Supposed Broach. The Masterton Agricultural and Pastoral Show was held on February 17, and a booth for the sale of intoxicants was open, the privilege having been sold by auction on February 10, for £103, and the purchaser having obtained tho customary licenso. Alleged breach number two. It has since been recorded in the press that tho publican'iS booth for the Masterton races, which will bo held on April 1 and 2, was auctioned last Saturday. Sir. P. Jorgenson, of the Kopuaranga Hotel, was on this occasion also the successful bidder, the price being £48. It is not known at the time of writing whether the conditional licenso for this occasion has yet been granted' to Mr. Jorgenson. If it has, that is alleged breach number three. A Magistrate's Decision.

To the lay mind, the wording of Section 24, Subjection (c) seems . perfectly clear. Hut it is not necessary to rely solely upon tho_ lay mind. The poiiit has" already been decided by a magistrate. It cropped up the other day in tho Ohinemuri district, when Mr. Burgess, 5.M., , chairman of the Licensing Committee, decided .that'a conditional license could not bo granted in connection with tho Ohinemuri races.

"It was at first contended," says tho "Thames Advertiser," "that there was authority up to Juno to grant a conditional license, but upon the point being dealt with by Mr. Burgess, tho solicitor: for, .the applicant admitted that'he,'could'.not'succeed, and further- proceedings were abandoned.- It vmay bo mentioned that the right to tho publican's booth at tho races for both days was recently sold by auction to Mr. M'Swecney, of Tβ Aroha, for £147.105., and unless some other arrangement is made, this amount will'have to be refunded to Mr. M'Sweeney. Patrons of the Ohinemuri races will therefore have their first experience of a 'dry' meeting." A Question of Responsibility. It is very remarkable that the possibility of such a ruling as that given by ;Mr. Burgess, S.M., should be overlooked on throe separate occasions. Tho salo of privileges, a-s noted abovo, wero advertised and reported _in the ' newspapers. Apparently it has been taken- for granted that, because -existing hotel licenses are continued until June 30, therefore everything else connected with the trade must >;o on as heretofore; but, with a piece of legislation notoriously so full of pitfalls as the Licensing Act, it is not safo to take- anything for granted. The wording of the Act docs not appear to attach any responsibility in tho matter under notice either to tho license holder or to tho association which benefits from tho salo of fcho privilege. The section niercly directs that no licenso of any description: shall bo granted in tho circumstances described, and the rosponsibilty, therefore, seems to rest wth the Licensing Committee. Applications for conditional licenses ,do not require to- come before a meeting of tho committee, but may be granted at any time by tho chairman and any two of tho members.