THE LICENSING BILL.

Evening Star, Issue 12308, 24 September 1904, Page 12

THE LICENSING BILL.

ANOTHER LONG DISCUSSION.

[Fbom Orm Pabuamentaby Reporter.] WELLINGTON, September 24. On the motion to recommit clause 11, Mr Massey objected. The clause, he said, would be even more drastic than clause 9 of last year's Bill. It did not prohibit the importation of liquor into No-license district.-:, but it rendered it almost impossible for iiquor to reach such'districts. He was sure that the country did not want sucb restrictive legislation, and what the House mid done during the last few days had created more Prohibitionists than anything e'.sc.—The Premier stated that the whole"sale drinking in No-license districts had to be stopped. Clause 53 was intended to Btop it, but the clause as drafted was practically inoperative. The amendment he proposed was simply to make that clause effective. There were only two alternatives —either to amend the law, or do away with the No-license system altogether. The clause was quite distinct from clause 9, 'or it prevented iiquor from getting into a district, and did not provide for following it in and searching for it. It was sought to do this with the minimum of irritation to the people. He did not want to interfere with the liberty of the people, but he wMrtcd the existing law given effect to. The people were not going to retaliate for this.—-It was resolved" on the voices to recommit the Bill for consideration of clause 11, also subsection (e) of the section, a new clause embodying the principle of the effects of a poll in a district where license exists, and a new clause exempting sports associations, friendly societies, and Masonic gatherings from the restrictions put noon the sa'.e of lienor by chartered ciubs. Leave to recommit for these purposes was granted on the vo'ces. Mr Willis also asked for a recommittal for consideration of a new clause providing for a universal 10.30 p.m. closing.—On a division the House refused the recommittal bv 63 to 11. J The Premier also asked leave to recommit the Bill for consideration of a new subclause to clause 57, providing for a Jud»e of the Supreme Court deciding as to the fitness of a licensee to hold a license against the wish of an owner or landlord—Messrs Ilaumo and Herries opposed recommittal for the purpose, but the recommittal was granted on the voices. Mr Witty next asked for recommittal with a view to reconsidering clause 46, and 3F;=Tidins it in the of stopping tUr. lay trading. Ihe House, however, defbn«d by 46 to 19 to graut the necessary teave. Air Mas-sex next moved for the recommitr • to frrther consider the constitution of Uie Petitions Court, and to substitute Su-•j'lM-.e Court Judges for stipendiary magis-.catc-s, but the House declined permission 5y 39 to 28. Mr Heke next asked for the reconsideration of the State control clauses, which had ;;cen struck out.—This was unanimously refund, and Mr Heke accepted the decision witnont calling for a division. THE EFFECT OF NO-lICENSE. The first clause considered was No. 11 (effect of No-licensa). The Premier moved a series of amendments intended to prevent the sale of illicit 'iquor in No-license dis tricts. They provided that— Every person who gives any order (whether verba", or in writing) 'for any liquor intended to be sent or taken into the district, shall notify the person to whom it is given that the liquor is intended to be so sent or taken, and shall give to such person a statement in writing of his name and address, and (where the order is given on account of any other person) the name and address of Mich other person. Every person who sells any liquor in compliance with any such order shall, if so notified, or if a,ware that the liquor ordered is to be sent, mto a No-license district, furnish ro some clerk of a Magistrate's Court, ro be appointed by a Minister, a statement in wntinz of the nature and quantity of the liquor so sent, and of the name and address of the person ordering the same, and of the ptrson to whom it is sent, and all such statements shall be fj.ed by the clerk. Every brewer, wine or spirit merchant, or other vendor of liquor shall keep a book, in which he shail enter all orders received by him for the delivery of liquor in a No-license district, the nature and quantitv of all liquor so del vered by him in compliance with any such order*, and the address of the person ordering the same, and of the person to whom the liquor is to ba delivered. The-e statements and books are open to inspection by any magistrate, inspector of licensed premises or any person appointed in that behalf' by any Court before which proceedings have been taken. Every person who la) being a resident in a No-iicense district, obtains, or who, acting on behalf of any such residents, obtains or orders liquor to be delivered in the No-license district to him or to'any such resident without notifying the vendor or the vendor's that he is such a resident as aforesaid, or that the liquor is to be delivered to such a resident as aforesaid ; or (b) sells anv liquor to or for delivery to any such "resident as aforesaid, without making an entry of the sale in the book aforesaid, or %vithnut furnishing a statement to the collector as aforesaid; or (c) knowing that any liquor is b?in<r supplied in breach of thi? section, delivers such liquor to any resident as aforesaid, is liable to a penalty not exceeding £SO, and if he be a licensee, his license may be cancelled. The amendment further proposed that there should be nothing to prevent any resident in a No-license district, when outside the Ao-license district, from obtaining for his own personal u-se, with right to take the name into the district if he chooses, liquor not exceedin 2 one quart in any one dav. ft also provided for a penalty not exceeding £2O to any clerk of a Magistrate's Court or other person who disclosed any information supplied in the statements which are to be made by purchasers of liquor, except for the purpose of detecting and punishing offenders. The penalty clause was amended so as to provide for a private person a fine not exceeding £2O for a first offence and £SO for a second or subsequent offence, and for a licensee not exceedinn £SO for a first offence and £IOO for a second offence, and £2OO for a third or subsequent offence, or cancellation of license. The fixing of the limit of liquor that might be taken by a resident into a Nolicense district for his own personal use caused considerable difficulty, not unmixed with humor, some remarkable suggestions being offered. Eventually the Premier moved to alter his clause, so as to enable a man to carry into the district a quart of spirits or one gallon of beer a day. This was carried. CHEMISTS IN PROHIBITION DISTRICTS. A proviso moved by Mr M'Lachlan, permitting "registered pharmaceutical chemists within any electorate in which Nolicense exists to dispense alcoholic liquors in medicinal quantities for medicinal purposes up:>n a prescription signed by a registered medical practitioner, was adopted by 35 to 22.—0n the proposal to add the clause to the Bill, Mr Heke said that Nolicense was becoming a farce. Giving the chemists a right to dispense medicine was a repetition of the American custom, by which, in Prohibition districts, unlimited grog could be obtained as medicine.—Mr -Uylor said he intended to divide the Committee on the clause as amended, though he recognised that it was less obnoxious than its parent—the notorious clause 9. It had cost the brewers a tremendous effort, and he wished them joy of it.—Mr T. Mackenzie differed from the member for Christchurch. The clause would check the quantities of gro-r going into No-license districts, llw pesent law was ineffective to cope with sly grog-sellers. The proviso just added had simply transformed chemists shops into hotels.—Mr Ell pointed out that m Clutha for some vears the doctors had managed to minLtef to the medicinal wants of the sick without presiribine liquor for their cases.—Mr Major was of opinion that the result of the proviso would be a largely-increased crop of chemists, some of whom would convert their shops into public bars.—Clause 11, as amended •ewiih-m, added to tbe Bill \a 39 to 25 '

LICENSES IN NO-LICENSE DISTRICTS. The Premier moved to restore the following clause, previously struck out of the Bill in consequence of the rejection of clause 3: In any district where no licenses exist as the result of any licensing poll it shall not be lawful, to long as such result is in force, to grant or renew therein any publican's • license, New Zealand wine license, accommodation license, bottle license, packet license, wholesale'license, conditional license, or charter of any club. At this stage (8.30 p.m.) the Premior moved to report progress, saying he recognised that it was impossible to finish the Bill at that silting, and also put through an Imprest Supply Bill.—The motion was agreed to. At a later stag© of the proceedings the Premier intimated that no furthei action with respect to the Bill would be taken till his return from the Coast. In the meantime, the Bill would r>e printed and be referred to the parliamentary draftsman and the Crown law officer*. A REVIEW.

The Licensing Bill is rat last within meamirable distance of completion of its progress through coram ittoe, and although seme few other amendments of an unimportiint character mav yet be made before it is sent on to the Legislative Council, it will be interesting at this stage to briefly sketch its provisdor.fi. To commence with, the striking out of clause 2. which proposed to eliminate the Reduction issue from Local Option polls, leaves the issues as at present—viz., Continumce, Reduction. No-license-The result of every valid licensing poll token before or after the passing of the measure is to have effect until superseded at a subsequent valid licensing poll. The "No-license, No-liquor" clause has disappeared. Whenever, by reason of a change in the boundaries of electoral districts, the whole or any part of. a licensing district is removed into another hcen«njr district, the condition of things as regards licenses will continue in the cut-out area until the residt of the next licensing poll comes into force. With regard to disputed polls, it is provided that when the result is disputed, on the ground that the count of the returning officer was incorrect, any six electors may, within seven days after public notice of the rtsult, apply in writing to a magistrate for a recount, and, in case there is a doubt as to the application reaching the magistrate within the seven days, the application may be forwarded by teleeram. The application must be accompanied by a deposit of £lO. Two days' public notice of the recount must bo given. If, as the result, the magistrate fii:ds that the figures given by the returning officer were incorrect, his duty is to publish the amended result. If he is of opinion that the application was made on insufficient or frivolous grounds, he has power to order the expenses to be paid out of the £lO deposit, which otherwise will be returned, and the expenses of the inquiry will form part of the expenses of the poll. Piovision is also made for holding an inquiry into the poll on the application of fifty electors within fourteen days after the declaration of the result. The application must be accompanied by a deposit of £2O, which will be forfeited to tha Crown if the Court find that the grounds of the petition h;ive not been sustained. The inquiry will bo conducted by a tench of three magistiates exercising jurisdiction nearest to the principal polling bocth of the district specified. Grounds of complaint only will be investigated, unless by leave of the Court evidence be given to prove that any proposal other than that declared to be carried was rejected and not carried, and that n proposal other than that declared to be carried was carried and nof rejected. The Court is given full powers of calling evidence and so forth, and its duty is to determine whether "by reason of some irregularity, that in its opinion materially affected the result of the poll," the poll is void, or whether any and what propo.al was duly carried. The determination of the Court is to be final.—PeTsons found to have committed irregularities are to be named in the report, and they will bo liable to" penalties up to £ICO. There are several kinds of irregularities—interfering with an elector with the intention of influencing him, or advising him as to his vote, printing or circulating mock ballot-papers, mak.ng a public demonstration during poLing hours by means of living figures, effigies, paintings, placards, or other like means, obtaining oi' retaining possession of a ballot-paper. The Court has power to order that the cost of the petition shall be paid by either of the parties, or by the returning officer or other official, if the Court declarer the poll void on the ground of negligence or misfeasance ot the returning officer or other official.

When a licensing poll is declared void, a fresh poll must be taken within forty days, but that fresh poll will not be valid unless the number of valid votes recorded is not less than 55 per cent, of the number oi valid votes recorded at the first poll In regard to Chalmers, it is provided that if, as the result of the appeal to the Privy Council, it is established that the petition presented against the last poll in the Chalmers electorate is valid, it shall be given effect to as if this Act had not been passed. There is nothing in the Bill about citato control, those clauses having been thrown out without a division.

Special provisions have been made in regard to the Rohu Pote (King Country), and to any block of native land which may bo proclaimed a No-.icense area. They provide that it is unlawful for anyone to so.icit or receive any order for any liquor within tho district, to sell, expose, or keep for sale any liquor within the district, to supply liquor to anyone within the district if tho sender has reasonable ground to suspect it is intended to be sold, or exposed, or kept for sale, or to send or deliver to any person in the district any package containing liquor, unless it bears distinctly written or printed on the outside a statement that it contains liquor j and any constable, officer of Customs, or licensing iiurpect.or may detain and examine any suspected package. In a prosecution for the sae of liquor iu breach of this provisian (ibis is a new clause) it will not be necessary in proving the sale to show that money passed, if the Court be satisfied that a transaction in the rature of a sale actually took place ; and, further, it) will be on the person charged with exposing or keeping liquor for sale to show that the liquor was not exposed or kept for sale. Liquor must not be supplied to any male Maori who is under the influence of liquor, nor may it bo supplied to anv Maori w m ni, except oa a medical certificate. Heavy penalties arc provuiuu for u breach oi tin.se provisions. As to the Cook Islands, a series of clauses practically prohibits the sale of liquor, except by a Customs ofiicer for use in the arts or manufacture, or lw« medicinal or scientific purposes. Power is given to the Qovcrnor-in-Council to a. trx -int ax&ibers of licensing committees wbcro a sufficient number have not been elected, and the day of election is to be the seccM Tuesday in March, 1906, and every third year thereafter. Any member oi a licensing committee who becomes disqualified, or is absent lrom two oonsesutive quarterly meetings, or ceases to permanently reside in the district, oeases to be a member of tlie committee; and in .that case the Governor will fill the vacancy. A new clause provides that tDe local authority of each district which forms part of a licensing district and receives a portion of the license fees must contribute to the cost of the election in proportion to the amount, of the license fee which it reieives. In regard to the removal of lapsed licenses, it is provided that no such license shall be granted as a new license in any boiough lor new premises situated more than half a mile, and in' any county more than a mile from the original licensed premises. It is expre sly provided that this shall apply to all publicans' licenses in the district. An applicant for a license must furnish testimonials unless he is already on the register of licenses. Discretionary power

» given to magistrates with respect to endorsements. All endorsements already made will lapse at the end of twelve, months if no fresh endorsement is made in the meantime, and future endorsements will lapse on the same terms in two years. ■ I Provisjoa is made foe keeping a register of lieenss-holders and lisen ed premises, and fo y recording convictions against the same. ! inree convictions in. three years will permanently disqualify a person from holding a license or a house from being licensed for two years. It is, however, provided that when twj or more convictions have been made against any licensed premises, and the one would result in dl- qualification, the licensee, if a tenant, will forfeit his lease, and the Committee may, on the application of the landlord, transier the license to some other person Provision is made for continuing a license until tne committee have finally decided whether to grant the application for. re- I newal..

The bona fide traveller is dealt with in clause 46. He may get refreshment at the end of a journey, but he must travel five miles before he can get the first drink, and five miles between every subsequent drink. A wholesale lit en; e will authorise the holder to ->ell and deliver liquors from one place only (to be specified in the license) in quantities of not less than two gallons. The liquors may be mixed, to be delivered to any one person at any one time. The liquor must not be consumed on the licensee's louse or premises, but the licensee is allowed to sell or deliver jquor fiom a bonded warehouse. No new wholesale license may be granted in a borough or town district' unless there is a. hotel there. Liquor must not be supplied to anyone under the age of eighteen years, and anyone who rends a child under thirteen years to a licensed house for liquor is liable to a fine not exceeding £lO. Persons found on licensed premises during prohibited hours, are equally liable with the licensee.

If a licensee is charged with selling liquor to a prohibited person, it will be a sufficient defence if he proves that he did not know the person to whom the liquor was sold was prohibited. A prohibited person is not allowed to get liquor from "any person whomsoever," and the fact of his drinking liquor or having it in his possession will ho sufficient evidence that he procured it unlawfully. A licensee who permits or connives at gambling or the playing of any unlawful game on his licensed premises is liable to a fine not exceeding £lO. .

A fine up to £lO may also be imposed on any perron, other than the licensee, who supplies liquor to a person already drunk "or in a state of intoxication, to a young person under the age of eighteen, a child under thirteen sent for liquor, a prohibited person, or to anyone after hours, irrespective of any liability attaching to the licensee.

Anyone who supplies liquor to a Maori for consumption off the premises within districts gazetted by the Governor is liable to a fine not exceeding £SO, but this will not apply to any Maori married to a European or to half-castes living as Europeans. Power is given to the Governor to declare any ingredient or material to be injurious to health, and then any liquor with which that ingredient is mixed will be deemed to be adulterated.

Prosecutions for breaches of the Licensing Act must*be commenced within three months of the date of the alleged breach. The owner or landlord of licensed premises is not allowed to demand or receive a bonus for his consent to the transfer of the lease, and any moneys so paid may be recovered as a debt.

Chartered clubs must close for the sale of liquor at the fame time as licen'ed houses, and they are also subject to the licensing laws as regards gambling and the playing of unlawful eames. The Colonial Secretary is empowered to cancel the charter if he is sit sfied that the law is not observed. Stringent conditions have been inserted to prohibit the sale of liquor by unchartered clubs.

Power is given to a Licensing Committee to authorise a licensee to close his premises for a specified period. With regard to the parliamentary refreshment institution known as " Belbinv's," i.o liquor can be sold there if No-license is carried in Wellington.

_ The clause which laid down the conditions which will prevail in a district when No-license has been carried has been considerably increased in its scope, and now if anyone who lives in a No-li r ense district wants to purchase outside thereof liquor to be sent to his residence he must tell the vendor that he lives in a No-licerse district. The vendor must then tell the clerk of the Magistrate's Court and keep a book setting out the nature of the transaction, under pain of heavy penalties. Tho purchaser may, however, take a certain quantity of liquor home daily for his own personal use, and a registered chemist may dispense- liquor in medicinal quantities for medicinal purposes on a doctor's prescription.

Finally, the Bill provides that, in any district where no licenses exist as the result of a licensing poll, it is not lawful to T'nt- or renew any publican's license, New Zealand wine license, accommodation license, bottle license, packet license, wholesale license, conditional license, or charter of any club. CHIPS FROM THE DEBATE.

Commenting on the locker system yesterday afternoon, the Premier admitted that he had himself used the privilege at a bowling club function.—Mr Duthie: "Did your conscience trouble you?"— The Premier : " Well, I'm a very happy man, and I'm luckv to have a conscience. The member for Wellington tost his long aoo." "The Administration of Russia sadly wants a man of experience—an autocratic head. The ability shown by Mr Seddon during the past week in engineering this Bill makes his transference to that country desirable."—Mr Duthie. The Premier, however, protested airainst the suggestion of his necessary exile to Russia : " The hon. member (Mr Duthie} was complimented last night oa his? virility. If ho makes many more speeches like that he has just delivered we shall i.-p '-i_.. l , < ed to think it is evidence of his senility.^' " The Premier's attitude on this Bill has been that of a weathercock."—Mr Herries. "On this Bill the Premier ha* at times ouUTaylored Taylor in his championship of the Prohibitionists."—Mr Hcrdman. When Mr Witty rose to move for the reco'nmittai of the Bill for the purpose of further dealing with the "traveller" question the Premier was temporarily out of the House. "Has tho Premier agreed to it?" asked Sir Joseph Ward. "I haven't asked him; I'm asking the House," promptly responded the member for Riccarton.

"The House'is tired of this (Licensing) Bill; the country is tired of it, said tlie Leader of the Opposition shortly before midnight, yesterday. " I want to see Prohibition in this country," said Mr A. L. D. Fraser last night " I want to see the time when not a drop of liquor will come to our shores. If the Premier will stick to that he will get my vote every time." "We've h.'.d enough of this hysterical legislation already," was Mr Baume's protest when clubs were under discussion by the House last night. An amendment by Mr James Allen, making the restrictions imposed by the clause operative on the King Country and any other blocks of native land proclaimed to be "No-license" districts, was rejected b\35 to 12. " That great curse, drink."—Mr M'Lachlan. A mixed pickle from Mr Willis: " A doctor prescribes a Chinaman for opium, the patient can oe fined." After a division last night the Leader of the Opposition drew attention to the fact that, although the Premier was in the House, he liad not voted. Mr Seddon ex-

plained that Ito had instructed a member to give his name to the tellers.—The Chairman of Committees said that in future he would instruct the tellers not to take any votes unless members personally registered them in the prescribed manner.—Mr Major here interjouted that divisions were growing so common that they were becoming walking contracts. Subsequently the Premier, after examining the division list, gravely announced that his sin was as nothing compared with that of the member lor Bruce, who, he found, had voted with both the ayes and the noes.—Mr T. Mackenzie: "A regular 'Yes-No'; George Reid.'—-(Laughter.)— The error was rectified. THE NEW ZEALAND ALLIANCE PROTEST. The New Zealand Alliance Executive, at a meeting last evening, passed the foLowing resolution:— _ '„' That, the Executive, while gladly recognising that the Licensing Bdl as reported from the Committee of tne House contains some improvements on the existing law, especially in regard to the protection of the natives in the King Country and the Cook Inlands, deplore the extensive concessions to the trade in which the Bill abounds, and, in particular, respectlully urge the House of Representatives, when tho Bill is recommitted, to insert the following amendments, viz. : 1. " That the words in clause 23 which abolish' the present automatic process of purging the rolls after every General Election- be struck out as conducive to rollstuffing, personation, and the falsification of the people's verdict, and rendering it certain that no valid licensing poll can be held when there is no electoral contest."

2. " That the provision requiring a fixed minimum of the electors to vote either at a second licensing poll or at the original poll, if no electoral contest takes place, be repealed, as enabling a minority to nullify tho vote of the majority by ab cnting themselves from the poll, and 'at the same time to violate th-3 secrecy of the ballot,"

3. "That clause 39, which purports to forbid the revival of lapsed licenses, is absolutely useless for its main purpose of preventing what the Premier calk 'immoral and corrupt removals,' should be rendered effective by prohibiting the issue of any new licenses whether the existing license had previously lapsed or not." 4. " That instead of increasing tho facilities for the grant of wine licenses and wholesale licenses, these should be expressly made subject to the prohibition against the increaso of licenses, as was intended by the Legislature when it passed section 14 of the Act of 1893."

5. "That clause 20 —which may rendor a man liable to a penalty of £IOO if he (a) advises a man on his way to the polling booth how to vote; or (b) prints or distributes on polling day or during the throe preceding day.* certain printed instructions to voters; or (c) exhibits placards, etc., during polling hours—be struck out as an absurd and tyrannical restriction upon the rights of fair speech and hone t agitation." "The Executive consider that most of the provisions, and especially those numbered 1, 2, and 5, arc an insult to the common sense and an outrage upon democratic right which a popularly-elected Chamber should..take tho first possible opportunity of rectifying." The Exeeulivo also parsed a resolution strongly protesting against tho proposal m the Electoral Bill to increase the deposit to be lodged by a parliamentary candidate from £lO to £25. and the proportion of the successful candidate's total to be polled in order to avoid forfeiture from 10 to 25 per cent., and urged that, instead of class legislation of the invidious kind which would favor the rich man and penalise the poor, the proper mode of preventing many otherwise unnecessary electoral contests would be to repeal the clause in the Alcoholic Liquors Act, 1893, which practically renders every Local Option poll void i? the parliamentary election is not contested. THE PUBLICANS' PROTEST. Having received intimation by wire that a sciieme to provide compensation for cancelled licenses by means of contribution from licensees was to be introduced into the Licensing Bill, the licensees of Dunedin yesterday atternoon sent the following telegram to Mr J. A. Millar, M.H.R. : "We condemn the compensation scheme strongly ; oppose it all in your power. Proceedings have been most childish. No wonder you are tired. Opinion hero Bill absolutely worthless. We regard whole thing as a burlesque."