LICENSING LAWS

Evening Post, Volume CIV, Issue 24, 28 July 1922, Page 4

LICENSING LAWS

SUGGESTED AMENDMENTS

FLAT-RATE AND REDISTRIBUTION

NO TRAFFICKING IN GOODWILLS

FOUR YEARS' GRACE IF PEO^ HIBITION CARRIED.

Suggestions for bringing about improvements in the licensing law are contained in the report of the Parliamentary Licensing Committee presented to the House of Representatives yesterday/ by the Chairman (Mr. F. F.. Hocklyj. The Committee resolved that, in the event of National Prohibition not being carried at the coming licensing poll in December, the Government be recommended to make the following amendments in the licensing law: — "1. That no more licenses 4re required in the Dominion. It is, however, necessary that there should be a redistribution of licenses, more in accordance with the needs of the population in the various districts. Before a licensing committee consents to any redistribution, the consent-of a substantial portion of the inhabitants in the vicinity should be obtained. ■ ' . f "2. That the system of a flat-rate Ifeensinir fee should be abolished, and • that licensing fees should b_ based on the percentage of liquor sold in the licensed premises. That local authorities should receive the amount of license ' fees as at present, but that all increased.fees should be paid into the Consolidated Fund. ' CONSIDERATION FOR I_3ASE. "3. That provision should be made as follows: —No premium, money, or other valuable consideration shall be paid. or given for goodwill on the granting, transfer, or renewal of a lease of licensed premises. Any person receiving any such consideration shalf be liable to a fine of £500, and on ithe second offence the license for the house shall be cancelled. Any person paying such premium or purchase-money, or giving any valuable consideration foi- such goodwill, shall have .the right to/recover the same, ol' the "'value thereof, by action at law. The Court shall have full power to decide whether the payment, premium, or consideration was, either directly or indirectly, in the nature of a provision or payment for goodwill. "4. That all leases or licenses to occupy licensed premises shall, before becoming operative, have the consent of a chairman of a licensing committee. That, in considering the granting or refusal of such consent, the chairmaa of tih«l licensing committee shall take into consideration tlie general terms of the lease,' and decide if the terms are reasonable, or unduly oppressive.. That the chairman shall refuge consent to any lease which, in his opinion, mates provision constituting the premises a tied house under the provisions of 'the Licensing Act, 1908. If the lease is not strictly within the meaning of tha Act, but is obviously in avoidanoe of the systemn against which the Act'is directed, the chairman ehall have power to "refuse ' consent. . ' "5. That if National Prohibition is nob Carried at the next licensing poll, the people of the Robe' Potae -.'should ba. given' the opportunity a* to whether they desire license or not: - tlie ijoll to be taken on the lines laid down in the licensing Act. - , INSPECTION OF LIQUOR. '. "6. That it is necessary that there should be a more effective inspection of liquor and of licensed premises, and more ample penalties provided for adulteration of liquor., That there should be appointed under section 337 of the /Licensing Act, 1908, special inspectors for the purpose of preventing and detecting violations of the Act in connection with adulteration of liquor. That a general inspector of licensed premises, together with sub-inspectors' under his control, should be appointed. That.it should be the duty of the inspectors to make constant and complete inspection of all parts of licensed premises for the purpose of seeing (1) that the provisions of the Licensing Act are strictly observed, and that the general standard of the*'accommodation is in keeping' with tho tariff charged j (2) that the premises are reasonably required and used for public accommodation ; (3) that sufficient information as to the guests, who sleep in the house be kept by the licensee so as to enable the inspector to ascertain if the licensed premises are required for public accom-. modation. That a penalty be provided for failure to keep such information as is prescribed. That the inspectors should have full power conferred upon them to enable them effectively to carry out their duties. ' NO TRANSFER UNDER THREE' TEARS. "7. That in order to avoid traffii/ripg in. licenses,. transfers ehould not be allowed under three years, except through sickness or death, 'or other special, circumstances. ' V "8. That all powers and authorities conferred on Licensing Committees should be deemed to be subject to the vote of the Minister. "9. That with a view to making it' possible for licensees to provide additional accommodation, where necessary, without the risk of. personal loss, the Licensing Act should be so amended as to provide that in the event of prohibition being carried at any poll" it should not come' into force until four years havo elapsed after the date of such poll. > "10. That Section 64, of the Licensing Act, 1918, bo repealed. (This section provides that no licensing poll - shall be takeiji while National Prohibition is in force). « LIQUOR IN CLUBS. "11. That no extension of hours for sale of liquor |i chartered- clubs should bo allowed, but that provisioiKshould be made whereby members of such clubs aro allowed to adopt tho locker system. That provision should be mado with' regard to the extension of the hours during! which liquor maj; be consumed on club premises for special occasions, each such extension ,to be granted under, a permit and for a particular room in the clnb. No permits exceeding six in' number | should be granted in the case of any one club in any one year. That tho power to revoke the license of a chartered club provided in section 9 of the Sale of Liquor Restriction Act, 1917, should be modified on the ground that the present penalty is too drastic. "12. That tho . licensing law should be so amended,as to put restaurants on tho same footing as halls or other rooms in regard to tho consumption of liquor ■•it social gatherings; provided a permit is first obtained from tho police for,this purpbsb. ''1... That any Licensed Victuallers' Association, or other organisation ot tho liquor trade, should be permit-ted to furnish the Chairman of any Licensing Committee with a- certific'tte of cha .icier with regard to any applicant for a license,

tamed, the magistrate', should be given power to declare the person convicted unfit to hold a publican's license. "15. That section 194 of the Licensing Act, 1908, should be amended by omitting the words ' c< the electors of the district,' after the words - result of a poll.' ' . ... WHEN A ROAD IS DIVERTED. " 16. That provision should be'made for the holding of Licensing Committee meetings in any public building which is centrally situated, in order to avoid the inconvenience which is now caused by holding tHeie meetings of necessity in the Courthouse, whether the Courthouse is conveniently situated or not. " 17. That section 138 of the Licensing Act, 1908, be amended by inserting, after the words ' six calendar months,' the words, ' and that the committee to have power to grant a further extension not exceeding six calendar months if the committee deem it necessary.' (This section allows a temporary license" to, be granted in case of accident to premises by fire, etc.) -■ " 18. That when licensed premises are situated adjacent to a main road, and that by reason of. alterations the. main traffic which passed such licensed premises is diverted, the Licensing Committee should have power to allow the license to be granted, in respect of premises situated adjacent to the road to which'the traffic has been diverted at the nearest position which the committee deems advisable. LICENSES FOR BARMEN. "19. That no man should act as barman without a license granted' by the Licensing Committee, or by the. police, to such persons as may be thought fit. That all convictions against a barman shouldibe endorsed on his- license; that his license should...be .cancelled after three endorsements, That all barmaids be required to make a statutory declaration before a Magistrate that they are entitled ,to hold a license under the existing provisions of the law.' "20. That licensing committees should have power to determine the number of i publio and private bars in any hotel.: j That is should be ilhsgal to serve any woman with intoxicating liquor in a bar to which the public have access, or any room opening on such bar. "21. That electoral enrolment be compulsory. That rolls be prepared and printed in polling-booth or sub-district areas. ' "22. That if National Prohibition be j carried, it be made clear.that there is no restriction on the making of liquor containing not more than 3 pea-; cent, of alcohol for home consumption. "23. That section 46 of the Lioensing Amendment Act, 1910 (referring to Native Prohibition areas), be so amended as to provide for a further poll at stated intervajs to enable the Natives in. such. districts as jjavti carried a poll under this section to review-the position." THE CHAIRMAN. COMMENTS Mr. Hockly said he had never presided over a more reasonable and fair-minded body of men- than that comprising the .Committee. Although there had-been differences of opinion, there had been no heat. All the recommendations were mado in view of Prohibition not being carried at the next poll. Dealing with particular points of the report, ho touched first on the .question* of redistribution, which, hfe said, '"was proposed to meet the needs of the travelling public—there were some localities with numbers of hotels and others with hone. The four years' grace had been suggested to give some security of tenure to ■ licensees to encourage them to improve | their premises. The Committee had felt 'particularly the need of preventing ileuses from being tied, the charging of license fees on.a percentage of the business done, and for the' better inspection of liquor. A clean electoral roil was sought. ■■"■-.'-. There were a number of things which the Committee had>had brought., before it, but which it had not adopted. I Among these were a proposal that no further poll should be taken for nine years;..no'farther poll for. six years; license fees to be imposed on an increased flat rate; Restoration to be by bare majority; licensing committees to he abolished and Magistrates to be put in their stead; bars to be closed during a portion of the da^ and open at night; barmaids to be abolished in 1929; that the system of licensing in the King i Country be under-State control; that a time limit be set'in lieu of compensation ; that open bars be abolished; that S%te Purchase and Control be eliminated from the ballot p»per; the issue receiving the greatest number of valid votes to-be declared carried; that the vote b» on the -preferential system;, rolls to bo prepared by streets; and, finally, that j dancing be allowed in hotels-on a permit from the police. He mentioned these to j show the amount of Work the Committee I had had to undertake. . j

One recommendation which 'would cause much discussion was that in connection with the King Country—tha Rohae Potae-- suggesting that the district should have the.'right by voto to decide whether licenses should be restored.- He traced the history of this matter, saying that the prohibition of the area had come about through', influential Native chiefs petitioning Parliament. Those chiefs had been influenced by what had happened at other Land Courts — Natives had • been supplied with drink, /and had sold their lands when really •unable to judge the position properly. Times had changed, and what had been almost entirely a Native area was now thickly populated with whites. No longer was it a question affecting the Natives alone, and it was to bo remembered that.,'the Natives themselves had asked some years ago' for a-license at Otorohanga. The Committee had decided, after going thoroughly into the matter, that it was advisable to have licenses in the King Country. The debate was adjourned on the motion of Sir John Luke (Wellington North) ..until Wednesday next, at 2.30 p.m. »