THE LIQUOR BILL.

Evening Star, Issue 9835, 25 October 1895, Page 1

THE LIQUOR BILL.

Contrary to all expectation, an agreement has been arrived at between the two Houses on the Alcoholic Liquors Sale Control Act Amendment Bill, which will accordingly become law in the form in which it passed the House of Representatives, with the exception of certain amendments upon which the Legislative Council insisted. It declined absolutely to give way in respect to the question of national prohibition being submitted to the electors, and the placing clubs in the same position in regard to prohibited hours as licensed houses. As to the number of the proposals at the local option poll which electors may vote on, the Council agreed that each voter shall be entitled to vote on any one or two of the proposals. This is a very important concession, since it allows a vote both for "no-license" and reduction. JTiie amendment of the Council, to the< effect that the local option will be void unless at least half the electors on the roll record their votes, is retained with certain conditions, which are not very explicitly stated in the telegrams to hand. It is quite clear that the Bill, as finally settled, will not by any means satisfy the Prohibitionists, who., beyond doubt, will continue their agitation; but it effects material alterations in the existing law in the direction of a more strict regulation of the traffic, and enforcing Prohibition in districts where " no license " has boon determined by the vote of the electors.

The miscellaneous amendments of the existing liceusing . :w which, except where specifically otherwu 3 provided, will come into force when the Bill receives His Excellency's assent may be briefly epitomised. No license to sell liquor at a railway refreshment room is, to be grautod in any district wherein the grant of licenses is prohibited as the result of the local option poll. No new bottle licenses are to be granted after the commencement of the Act, and all such licenses in force are to continue until their expiry on the 30th June then next ensuing, and may be renewed by the licensing committee from time to time until the licensing poll next after such expiry is taken, but thereafter are not to be renewed. Wholesale licenses are not to b3 granted or renewed in any district so long as the electors have duly determined that no licenses be granted therein. In regard to selling at unauthorised times, section 156 of the Licensing Act, 1881, is repealed ; and it is provided in lieu thereof that "it shall be lawful for, but not " obligatory upon, a licensee to sell liquor "at any time to any person being really "a lodger living or staying in the "licensed premises, or a bona fide " traveller seeking refreshment on arriving " from a journey. The burden of proving " any person to be a lodger or traveller "shall be upon the person alleging the ; "fact, and any person falsely alleging " himself to be a lodger or traveller shall "be liable on conviction to a penalty not "exceeding £10." The definition of a bona fide traveller is not altered. The selling or exposing for sale adulterated liquors is constituted one of the most serious offences against the licensing law, and subjects a licensee upon conviction to the same penalties as supplying liquor to children. If any person against whom a . prohibition order has been made enters or is found on any licensed : premises at any time he is liable to a penalty not exceeding £5, and any licensee who knowingly permits any such person to be or remain on his premises is liable to a penalty of not less than £5 and not exceeding £lO. Every person.who, knowing that anyone is the subject of a prohibition order, accompanies him into any licensed house, or in any way directly or •indirectly procures liquor for him, or incites, or assists him to procure or drink liquor, is liable to a penalty not exceeding £lO. In any proceedings the burden of proof is to be on the defendant to show that he did not know of the existence of such prohibition order. In •districts where "no license"' has been determined, it is declared not to be lawful for any person to solicit or receive any order for liquor, nor to sell,' expose, or keep any liquor for sale, nor to send from without or within the district, or deliver to any person residing therein any liquor which the person sending or delivering the same has reasonable ground to suspect is intended to be sold or kept for sale; nor to send or deliver any package containing liquor unless distinctly marked accordingly. A breach of any of these provisions renders the offender liable for a first offence to a penalty not exceeding £SO, and for a second or subsequent offence to imprisonment for any term not exceeding three months. All prosecutions for breaches of the Licensing Act are to be hoard and determined by a stipendiary magistrate alone. No " covenant or agreement, condition, proviso, or stipuV: iion " whereby any person or body corporate is purported to be bound to purchase beer, wines, spirits, or other fermented or spirituous liquors from any other person or body corporate, to the exclusion of any other persons or bodies corporate, is, if entered into after the passing of the Act, to havo any force or validity whatever; aud auy such covenant or agreement previously entered info, whether by deed or otherwise, may be cancelled upon application to any court of competent jurisdiction.

All costs and expenses incident to the election and the meeting of licensing committees, and the carrying out of their functions, are to be paid by the " controlling local authority of the district," who may recover from the other local authorities the contributions to which they are liable in proportion to licensing fees received, or if there are no licensing fees in proportion to population. Every local authority which suffers loss of revenue from license fees in consequence of the reduction or prohibition of licenses is empowered to make good such loss by an equivalent sum to bo levied and collected by an increase of the general rates in the district. ■