THE GASSING ACT.

Evening Post, Volume LXXIV, Issue 148, 19 December 1907, Page 2

THE GASSING ACT.

A LEGAL OPINION. N MANAWATU RACING CLUB'S CONDITIONS. A number of bookmakers have conI sajtccl Messrs. Wilford and Levi as to the legality of the conditions • imposed by the Manawatu Racing Club 'for the licensing of bookmakers at its summer meeting, and tho following letter has now been sent to the club :—: — "To the Secretary, Manawatu Racing Club. Dear .Sir,— We are instructed to write to you" in reference to the conditions prepared by your club re licensing of bookmakers. In regard to conditions No. 1 and 2 we liavo^nothing to say except in oar opinion the date fixed for the receipt, of applications is remote. In' regard to condition No. 3, no exception' can be taken to it, and in regard to condition No. 4, though ifc is admitted that your club has the power to require a fee of £5 a day for bookmakers' clerks, we consider without any great concession your club might see its way to reduce- that fee to, say, a nominal payment of ss. In regard to condition No. 5, in which you provide a particular portion of a racecourse for bookmakers, we desire to point out that you have no such power under the statute. The license must be to enter tho "racecourse" and there to carry on business as a bookmaker. Racecourse is defined in the Act of this year as 'land which is used for race meetings.' It therefore includes the whole place which is used fqr the meeting, and the' license must authorise the carrying on of the business of a bookmaker on (he whole place; the lawn and saddling paddock ai'o certainly parts of the racecourse. While th a bookmakers do noL desire to have the right to carry on their business auywjiere and everywhere, they certainly desire to protest ngainst a club placing them in a position where they cau do little or no business, especially in view of the wording of the Act. The power of the club to make regulations is derived from section 34 in snb-clauso 4. There is tho power of absolute expulsion in the case of public reserves ; aud no doubt, as fat- as private courses aro concerned, a club may in certain cases exclude by regulation or mere resolution, but it, will be remembered after considerable litigation in the colony it has been clenrly established that even tho power of expulsion from reserves is limited. There is no suggestion in the Act. that any condition can be imposed except the condition that the license shall be for such period as the club thinks fit, and (hat a, fee may bo charged, not exceeding £20 a day; the liconsa therefore is only subject to such condition. Wo admit, of course, that licensees would be bound to observe such reasonable regulations as apply to the public in generul. "In reference to condition No. 7, which slates that no bookmaker 'shall mako any bet on any race after • the closing of the lolalisator for that race,' we beg to point out that there is no clause in tho Act which allows the making of such a condition. ' Clause 33, subsection 1, provided that no investment on the totalisator shall bo received 'after the time notified by such club for the starling of such race' ; it surely cannot bo contended that this clause gives a raciiig club power to impose condition No. 7, and if clause 35 does not give the power there is no other clause in tho Act which refers to the mat tor. In reference- to condition No. 8, what is the necessity for it? The mpro signing of a condition not to hot toio odds, if the betting of tote odds is illegal, will not affect the bookmakers one way or the other. In regard to clause No. 9, we desire to point out that although it is perfectly fair to provide that "a broach of any reasonable condition should be the ground for tho forfeiture of licenses, the fact that a man had, Bay, n 5s wager on a football match, though 'it 5s wivgev on :i football vnutcli, thoui;li it is a broach of the Gaming Act, should noL be sufficient lo debar o bookmaker from obtaining a license. Wo trust that your club will sou its way clear (o modify tIiCFO conditions, for the bookmakers do not dr-sirc litigation, but rather lo work amiiahly with the stewards of each particular club."