LICENSING BILL

Hawera Star, Volume XLVII, 2 December 1927, Page 5

LICENSING BILL

IN LEGISLATIVE COUNCIL.

SECOND READING CARRIED. PRELIMINARY DEBATE. (BY TELEGRAPH-PRESS ASSOCIATION.) WELLINGTON, Dec. 1. The first reading of the Licensing Amendment Bill having been carried earlier in the day, the Bill came up for the second reading discussion in the Legislative Council to-night. In moving the second reading, tlie Hon. J. B. Gow~-urged members to have regard for tlie fact that the elective chamber had passed the Bill. The Hon. W. H. Triggs thought the measure should be sent baric to the House to give members another opportunity to consider it. He opposed the bare ’Majority and said a 55 —45 majority was little enough, but he was willing to agree to a compromise at 521—47 L The Hon. E. Newman also opposed the bare majority which, he considered, would lead to trouble and confusion. To ensure success there must be a substantial majority. He deplored the taking of polls every three years believing that the issue clouded the general elections. He also opposed State Control and the extension of tenure, arguing that while opinion was so evenly divided it was not right to deprive the people of the right to express their opinion every three years. The Hon. J. A. Ilaiiaii maintained that tlie Council had no right to’ alter wliat had been decided by the House, for members of the House had voted according to’ their pledges to the people. Tlie Council had no mandate on the licensing question. Sir Robert Stout advocated the bare majority which, he said, was democratic and had been recognised for fifty years in New Zealand. It was a restriction of liberty to pass a law requiring the abolition of a thing injurious to. the people by a two-thirds majority.

Tlie Hon. H. L. Michel opposed the principle of State Control which, he said, was not a live issue. He also opposed the bare majority and said the people could not be deprived of the right to vote every three years. Sir Frederick Lang declared he would vote for the bare majority if he thought everybody would exercise his vote. He supported tlie two-issue ballot paper and the six years’ tenure, and referred to the need for improvements in hotel accommodation. The Hon. I/. M. Isi-tt declared that above all prohibitionists had fought for the bare majority, and as they had a majority in the House concessions should be made by their opponents. The Hon. C. J. Carrington spoke in favour of a substantial majority and a six years’ tenure. The second reading was carried on the voices, and the Council adjourned at 10.35 p.m. until 10.30 a.m. tomorrow. PROPOSED PROVISIONS OF THE BILL. AS AMENDED IN COMMITTEE. AN OFFICIAL SUMMARY: WELLINGTON, Dec. 1. Tlie following official summary of the Licensing Amendment ’Bill, as amended in committee has been supplied : - The questions whether barmen are to he licensed and whether restoration is to he on a 55 per cent, majority are to he determined. Clause 2, which proposes that licensing polls lie taken only with every alternate general election of members of Parliament has been deleted from the Bill. Clauses 3 and 4, which provide for the submission of two issues only, namely, national prohibition and national continuance, at the licensing polls, to be hereafter taken as amended by the House; a bare majority will be sufficient to carry the proposal of national prohibition. Clause 5, as introduced, provided that in the event of national prohibition being carried, a poll should be taken simultaneously with the next general election on the proposal to restore licenses. If at such a' poll the proposal to restore licenses was not carried, no further polls could be taken without further legislative action. This clause was amended in committee to provide that at every general election a poll shall be taken on a pro-, posal to restore licenses or on a proposal for national prohibition (as the circumstances for the time being required). In a further . amendment it was provided that a hare majority would he sufficient in any case to carry the proposal. It was also provided in committee that in the event of national prohibition being carried at one poll and national restoration being carried at the next succeeding poll, tlie following special provision should apply: (1) No licenses should in any case be granted in a former no-license district; (2) the number of licenses in any licensing district, or in any borough within any licensing district, as existing at the time when national prohibition was carried should not be exceeded. In the event of national prohibition being carried at any poll, and national restoration being carried at a subsequent poll other than the first poll, the Bill, as amended in committee, authorises licensing committees to grant publicans’ licenses as follows: (1) The maximum number of licenses to be granted in any licensing district must not exceed one' for every 500 electors in the district; (2) the licensing committee, however, may limit the number of licenses to be granted so that the number shall not exceed one for every 1500 electors of the district. A new clause was added to the Bill with special refei’ence to the position in present no-license districts, to the following effect: (1) In the event of national prohibition being carried a poll is to be taken in each no-license district on the proposal to restore licenses in that district simultaneously with the poll on the proposal for national restoration; (2) if the proposal to restore licenses is carried in a nolicense district, but the determination in the national poll is in favour of the continuance of national prohibition, the poll in the no-license district is to be of no effect; (3) if, however, the result of the poll in the no-license district is against the proposal to restore licenses, that determination is to be effective, notwithstanding that the result of the Dominion poll may be to restore licenses. . ... This special provision is limited to one poll only, the reason being that

after national prohibition lias been in force for more than one Parliament the identity' of the new electoral districts with the present no-license districts could not without great difficulty be established. Clauses 16, 17 and 18, providing for improved accommodation in licensed premises, were omitted, on the motion of the Prime Minister the reason being that with reduced tenure _it was not reasonable to impose on licensees the serious financial responsibility of carrying out extensive alterations or improvements in licensed premises. The Prime Minister further agreed to have clause 17 (relating to the provision of hot water services in public bars and the provision of sufficient sanitary and other accommodation) reconsidered with a view to its being dealt with in “another place.” Clause 24, as drafted, had reference to the publication of liquor advertisements in newspapers published or circulated in no-license districts. The clause provided that such advertisements were not unlawful unless their object was to procure orders for liquor within a no-license district. The clause was amended in committee to confer a similar benefit on newspapers published or circulating in are as proclaimed under section 272 of the Licensing Act, 1908 (King Country). Clause 28, as introduced, prohibited, save in exceptional cases, the supply of liquor to persons under the age of 21 years. The exceptions were in favour "of parent or guardian, or other person acting with authority of a parent or guardian. The clause was amended in committee to enable a host to supply liquor to his guests in his own home, or in premises to which for the time being he may be entitled to exclusive possession. Clause 33 (Sale of Liquor Restriction Act: ‘‘lntoxicating liquor may be sold as part of a substantial evening meal between the hours of six and eight o’clock in the dining-room of an hotel or chartered club”). As introduced, the Bill proposed to allow these hours to be extended until ten o’clock in the case of an hotel on occasions when an association or society of persons was holding a banquet or other like function. In committee this provision was extended so as to apply to chartered clubs as well as to hotels. No such extension can be granted except by permission of the superintendent of podice for the district or other responsible officer of the police authorised to grant extensions by the commissioner. Clause 34 made provision for the transfer of the registration of barmaids from the Department of Labour to the Commissioner of Police. The clause was deleted from the Bill in committee.