LICENSING LAWS.

Hawera Star, Volume XLVIII, 16 October 1924, Page 6

LICENSING LAWS.

SPECIAL COMMITTEE’S REPORT. I NINE YEARS BETWEEN POLLS. CliV TELEGRAPH —PRESS ASSOCIATION. WELLINGTON, Oct. 15. Hie report of the special committee on licensing legislation was brought down by Mr. F. F. Hockly in the House of Representatives this afternoon. The following is the text of the report : (1) That no more licenses are 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 various districts. Before a licensing committee consents to any redistribution, the consent of a majority of the inhabitants in the vicinity of the proposed new site should be obtained. (2) That the licens" fee should be substantially increased, and that licensed houses should- be classified into three classes, based on the valuation of property, including the value of the license and such other factors as shall appear equitable, with a varying fee for t each class; that the local authorities should receive the amount of the licertse fees as at present, but "all increased fees should be paid into the Consolidated Fund. That a provision should be made as follows: No premium money or other valuable consideration shall'be paid or given for the goodwill on the granting, transfer, or renewal of a lease of licensed premises. Any person receiving any such consideration shall be liable to a fine of £SOO, and on the second offence the license for the house shall be cancelled. Any person paying such premium or purchase money or giving any valuable consideration for such goodwill shall have, the right to recover same or the value thereof by an 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 for payment for the 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 chairman of the licensing committee shall take into consideration the general terms of the lease and decide if the terms are reasonable or unduly oppressive; that the chairman shall refuse consent to any lease which, in his opinion, makes a 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 the Act, but is obviously in avoidance of the system against which the Act is directed, the chairman shall have power to refuse consent. (5) That it is necessary that there should be a more effective inspection of liquor and of licensed premises and more ample penalties provided for the adulteration of liquor; that. there should be appointed under section 237 of the. Licensing Act. 1908, special inspectors for the purpose of preventing and detecting violations of the Act in conenction with the adulteration of liquor or other evasion of the law; 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 insuectors to make a 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 genera] standard of accommodation is in keeping with the tariff charge; (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 ilcensee, so as to enable the inspector to ascertain if the licensed premises are required for Dublic accommodation; that a penalty be provided for failure to keep such information as is prescribed; and that inspectors should have full power conferred upon them to enable them eftec tively to carry out their duties. (6) That, in order to avoid trafficking in licenses, transfers should not be allowed under three years, except through sickness, death or other special circumstances. (7) That, with a view to making it possible for licenses to provide additional accommodation where necessary without 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 tour years have elapsed after the date ot such poll. i V (8) That, in the event of continuance being carried, no further poll should be taken for nine years. (9) That section 64 of the Licensing Act, 1918, be repealed. (10) That whatever .period is determined by the Government between the taking of jiolls shall be applicable to both issues. (11) That no extension of-hours for the sale of liquor in chartered clubs should be allowed; that provision should be made with regard to the extension of hours during which liquoi may be consumed on club premises for special occasions, each such extension to be granted under permit and for the oarticular room in the club; that no permits exceeding six in number should be granted in the 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 be modified on the ground that the present penalty is too drastic. (12) That the licensing law should be so amended as to put restaurants on the same footing as halls and other rooms in regard to the consumption of liquoi- at social gatherings, provided a permit is first obtained from the police for this purpose. (13) That any licensed victuallers’ association or other organisation of the liquor trade should be permitted to furnish the chairman of any licensing committee with a certificate of character with ‘regard to any applicant for a license.

(14) That, where a conviction for serious breaches of the Licensing Act is obtained, a magistrate should be 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 the words “of the electors of the district” after the words “result of a poll.” (16) That provision should l>e made for the holding of licensing committee meetings in any pubfic building which is centrally situated in order to avoid the inconvenience which is now caused by holding these meetings of necessity in a 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 the commit-

tee to have power to grant a further extension, not exceeding six calendar months, if the committee deems it necessary.” (18) That, when licensed premises are situated adjacent to the main road, and that by reasons of alterations, the main traffic which passed such licensed premises is diverted, a licensing committee should have power to allow a 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. (19) That lio-man should act as barman without a license granted bv the licensing committee or by the police to such persons as may be thought fit; that all convictions against a barman should be endorsed on his license; that his license should be cancelled after three endorsements. (20) That licensing committees should have power to determine the number of public arid private bars in any hotel; that it should be illegal to serve anv woman with intoxicating liquor in a bar to which the public have access or any room opening’on to such bar.(21) That if x national prohibition be carried, it be made clear that there is no restriction on the making of liquor containing not more than 2 per cent of alcohol for home consumption. , (22) That, if any license shall be taken away as the result of a revision of boundaries by a and without the vote of the people, legislation be enacted to provide that reasohab!oQN°mc e,lSa t ion l )e vP a .id to a licensee. ' (26) That the licensing committee may require that all hotels that require to be built or to be rebuilt should be erected in brick or stone or other non-combustible material. . (24) That where a licensee widower is compelled by the licensing bench, to engage a manageress for his hoteLpfovision should be made that she be allowed to assist or work in the bar. (25) That the disabilities with regard to advertising against newspapers published in no-license districts should be removed. (26) That a sister of a soldier who • has been killed in action and who was a licensee at the time he went to the front shall be entitled to apply for and be granted a. license, provided that there is no male member* of the family available to apply. MEMBERS’ VIEWS. L. M. Isitt (Christchurch North) condemned, the committee’s recommehdations. He suggested that the lapse .'P r y etu 's after the carrying of prohibition was iniquitous tfnd would enable the trade to take advantage of the intervening election to influence the return of men to Parliament who would* ne, prepared to raise all sorts of difficulties in the way of Dutting the people’s verdict into practice. There would be. trafficking in licenses from the “dead” districts to the larger centres of population. Mr Isitt stigmatised the proposed licensing of barmen as unjust. They were to lose their livelihood if they overstepped the regulations a third time, and it must be patent that they were only likely to transgress under pressure from their employers, who escaped punishment. He ridiculed the suggestion that restaurants should have the privilege proposed, and opposed the proposal that the ranks .of barmaids should be increased, x as they wquld be by the suggested concession to licensees’ relatives. Barmaids had been the subject of legislation. A certain number had been licensed and these seemed immortal. None seemed to die or to retire from work, and Mr Isitti considered this was a matter requiring attention. Mr \Y. D. Lysnar (Gisborne) considered Mr Isitt’s outburst characteristic of the attitude of his party, which was always imputing wrong motives to those opposing them. Mr Lysnar approved the general, recommendations of thecommittee, except that referring to the ; period to elapse after a poll before the decisions of the people take effect. Prohibitionists did not want a reform of the liquor trade; they only wanted to apply their own panacea. He to the suggestion that the trade .'would utilise the election to endeavour to secure an alteration of the popular decision. Prohibition begot worse evils than drunkenness. He hoped .the recommendations of the committee would be included .in the legislation at the earliest date. Mr J. McCombs (Lyttelton) said Mr Lysnar had made sweeping statements that the prohibitionists were against the reforms; yet all the reforms in the trade had resulted from the efforts of temperance people. This report, Mr McCombs considered, was ridiculous as a measure of, reform. He opposed the suggestion that had been made to the committee in favour of corporate, control, the enactment of which would give no more control than the people now t possessed. The only real reform, the Houst should aim at was the reduction of facilities to get liquor. , Vi Mr A. Harris (Waitemata) hopedrthe committee’s report would have the result of cleaning up the trade, which he felt was inimical to the best interests of the community. Mr J. Edie "(Clutha) said the talk of corporate control was futile. “We are supposed to control the trade now, he said. “The only way to control this trade is to root it out completely.” Mr H. Atmore (Nelson)- considered that there was a great body of people between the extremes of prohibition and the trade, and it was the interests of these people that the committee were considering in their report. He believed State control was the best solution of this problem. v

Mr J .C. Rolleston (Waitomo) regretted the absence from the report of a, provision to enable the people of the King Country to say whether they should have licenses in that territory or not. The report was tabled.