HO PREMIUM FOR GOODWILL.

Evening Star, Issue 18032, 28 July 1922, Page 6

HO PREMIUM FOR GOODWILL.

KEEPIHS WOMEN FROM BARS. SOME IMPORTANT RECOMMENDATIONS. t [Per United Press Association.] WML LIXG TO X,. .Toly 27. Tim report of the Parliamentary Licensing Committee was laid on- the table of the House to-day. The committee received requests from forty-two persons to give evidence, and heard them. The committee resolved that, in the event- o.f National Prohibition not being carried at the coming licensing poll, the Government be recommended to make _ the following amendments in the licensing law: 1. That no more'licenses are required in the dominion. It is. however,_ necessary that there should he a redistribution cf licenses, more in accordance with the needs of the population in the various districts. Before the Incensing Committee consents to any redistribution the consent of a substantial portion of the inhabitants in the vicinity should be obtained. 2. That the system of a flat rate licensing fee be a'hoiished, and licensing fees based on the percentage of liquor sold in the licensed 1 premises. That local authorities should receive the amount of the license fees as at present, but all increased fees: ho paid into the Consolidated Fund.

3. That provision should be made as follows: —No premium money or other valuable consideration shall he paid or given for the goodwill on the granting of a. transfer or the renewal of a lease of licensed premises. Any person receiving any such consideration shall be liable to a. tine of £SOO, and on a. second offence the license for the house shall ho, cancelled. Any person paying such premium or purchase money or"giving any valuable consideration for siicli goodwill shad have the rigid to recover the 1 same, or the value thereof, by action at law. The court aha.il have full power to decide whether the payment of the premium or. consideration was either directly or indirectly in the nature of a provision or payment foi the goodwill. 4. "That all leases or licenses to occupy licensed premises shall, before becoming operative, have the consent of the chairman of the Licensing Committe in considering the granting or refusal of such consent the chairman of the Licensing Committee shall take into consideration the general terms of the lease, and decide it the terms are reasonable or unduly oppressive; that the chairman shall refuse to consent to any lease which, in las opinion, makes provision for constituting the promises n._ tied house, under the provisions of the Licensing Act, 1908. If the lease is not strictly within the meaning of the Act, but is obviously in 'accordance with the system against which the Act is directed, the chairman shall have power to refuse consent. 5. That if National Prohibition is not carried at the next licensing poll the people of Rohe Potae should, be given an opportunity of voting ns to whether they desire license or not, the poll to be taken on the lines laid down in the Licensing Act. 6. That if necessary there should bo more effective inspection of liquor and of licensed! premises, and more ample penalties provided for the adulteration of liquor; that there should bo appointed under section 257 of the Licensing Act, 1908, special inspectors for tho purpose of preventing and detecting violations of the Act in connection with the adulteration of liquor; that a general Inspector of licensed premises, together with suhiuspectors under his control, should he appointed ; that it should ho 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 accommodation is in keeping with the tariff charged, 1 (2) that the premises are reasonably required and used for public accommodation, (5) that sufficient information as to guests who sleep In the house bo kept by the licensee so as to enable the inspector to ascertain if the licensed premises are required for public accommodation ; 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 cany out their duties. 7. That in order to avoid trafficking in licenses, transfers should not be allowed under th(ee years, except through sickness or death or other special circumstances. 8. That all powers and authorities conferred on Licensing Committees should he deemed to be subject to the veto of the Minister. 9. That, with a view to making it possible for licensees to provide additional accommodation where necessary, without risk of personal loss, the Licensing Act should 'he 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 have elapsed after the date of such poll. 10. That section 64 o.f the Licensing Act, 1918, ho repealed. 11. That no extension of bourn for the sale of liquor in chartered clubs should bo allowed, but that provision should be made whereby members of such clubs are allowed to adopt the locker system. That provision should also be made with regard to tho extension of hours during ■which liquor may bo consumed on club premises for special occasions, each such extension to be granted under a permit and for a particular room in the club, no permit exceeding six in number to be granted in tho case of any one- club in any one year. That power to revoke the license of a chartered club, provided in section 9 of the Sale of Liquor Restriction Act, 1917, should bo modified, on the ground that the present penalty is too drastic. 12. That tho licensing law should bo so amended .as to put restaurants on the same footing ns halls or rooms in regard to the consumption, of liquor_ at social gatherings, provided a permit is first obtaiiie,dT from the police for this purpose. 13. That any ,licensed victuallers’ association or other organisation of the liquor trade should bo permitted' to furnish the chairman of any licensing committee with a. certificate of character with regard to any applicant for a license.

14. That whore a conviction for serious breaches of the Licensing Act is obtained the magistrate should bo given power to declare the person convicted unfit to hold a publican’s license. 15. That'section 294 of the Licensing Act, 1908, should be amended by omitting after the words “of the electors of the district” the words “result of a poll.” 16. That provision should be made for holding licensing committee meetings in any public building which is centrallysituated in order to avoid tho inconvenience which is now caused by holding these meetings of necessity in a courthouse, whether tho courthouse is conveniently situated or not. 17. That section 158 of the Licensing Act, 1908, he amended by inserting after the words “six calendar months” the words “ and that committee to have power to grant a further extension not exceeding six calendar months if the committee d'eems it necessary.” 18. Tliat when licensed premises are situated adjacent to a mam road, and by reason of alterations the main traffic 'which passed mich_ licensed premises is diverted, the licensing committee should have power to allow the license to be granted in respect of prejnisea situated

adjacent to the road to which tho traffic lias been diverted at the nearest position which the committee deems advisable. 19. That no man should act as barman without a license granted! by tho licensing committee, or by the police, to such person as may be thought lit. That all convictions against a barman should be endorsed on, his license. That his license bo 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 public and private bars in any hotel. That it should be illegal to servo any woman with intoxicating liquor in a bar to which the public has access, or any *room opening on such bar. 21. That electoral! enrolment be compulsory. That rolls bo prepared and printed in the palling booth or sub-dis-trict areas, 22. That if National Prohibition ho carried it bo made clear that there is no restriction on the making of liquor containing not more than 5 per cent, of alcohol for home consumption. 23. That section 46 of the Licensing Amendment Act, 1910, bo so amended as to provide for a further poll at stated intervals to enable Natives in such districts ns have earned tho poll under this section to review the position. THE DERATE ADJOURNED.

Mr Hockly, chairman of tho committee, said it had been, predicted) that tho proceedings of the committee would resemble Donnybrook, but as a matter of fact tho committee worked together most 'reasonably, and the discussions wore carried out with dignity and decorum. He enumerated a number of proposals which, the committee rejected, justified the proposal that if Prohibition was not carried the people of Rohe Potae should bo given the opportunity of voting license or nnI'icense, on tho ground that the circumstances had completely changed since it was requested that liquor should! be prohibited ; ami it was felt that modern conditions warranted this opportunity being given the people now living in the. King Country. On the motion of Sir John Luke tho debate on tho report was adjourned until Wednesday next.