THE LIQUOR BILL.
POLL TO BE TAKEN IN APRIL. I PROHIBITION WITH COMPENSATION. ( BARE MAJORITY VOTE. ! STATE CONTROL ISSUE AT NEXT GENERAL ELECTION. The Licensing Amendment Bill, which, it it passes into law. will provide tor the taking ot a poll on the recommendations or th»> National Efficiency Board in respect or the liquor trade was intrjduc d in Lt Hou c testerdav artci na< r and tin. mx. nd reading was irned w tl out reinaiK The Bill consists ot ~j clauses, but only about a dozen ot them are interesting Tl i murder concern only the officers who will have to carry out the poll and anvtnuig that raav have to be done aner tne poll. The cenrrai proposal is tnat on a day in Apnl there shall he taken a poll, for whicn the two issues on the ballotpaper shall be as rollow :— I Vote tor National Continuance. 1 V otc tor National 1 lohil ition with Compensation. New rolls are to be prepared for the poll, and in general the provisions of the Legislature as affecting elections are to apply. The penalty tor the offence of personation may be a fine not exceeding £5O or imprisonment for a term not exceeding three months. All soldiers, whether in New Zealand or abroad, are to have an opportunity of voting, and the manner of taking’the soldiers’ votes is to be prescribed by regulation. The issue for which the greater number of votes is recorded is to be deemed to be carried; that is to say, the issue will be determined bv •‘bare majority.” If the result of the poll as declared is disputed, a recount of the votes may be demanded by application to a Magistrate, and the recount is to be made in the presence of a Magistrate. If the result of the poll be in favour of National Prohibition, then Prohibition is to come into force on June 30 following. Exception is made to make it possible for liquor to be manufactured cisoid for medicinal, sacramental, scientific, or industrial purposes. The penalty for manufacture or sale of liquor in contravention of the law, or for attempting to commit such an offence, ; or for aiding or abetting in the com- ' mission of such an offence, may be a fine not exceeding £lOO for a first offence, and to imprisonment for a term not exceeding three months for a second offence. In the case of the defendant being a body corporate, the penalty for a first offence may he £2OO, and £lOOO for a second offence. If Prohibition is carried no licensing poll shall at any time be taken in any ■ district. COMPENSATION. The amount of compensation does not seem to be specifically limited by any clause in the Bill. The Minister of j Finance is empowered to borrow sums ; not to exceed in the total four millions i and. a half, and the sums borrowed. ; having been first paid into the Liquor Trade Compensation Account, may be nsed for the paymen', of compensation to the persons specified as entitled to receive it. and to no others. This may in effect anfhunt to a limitation ef compensation to four millions and a half, but nowhere in the Bill is the limit of compensation which the Courts may award defined. Owners of the freehold of hotel premises and lessees of hotel premises and sub-lessees from a lessee or sub-lessee of hotel premises, but not lessee* or sub-lessees by way of mortgage, areentitled to claim only in respect of depreciation of the value of the estate or interest owned by the claimant in the premises and land and of depreciation of the value of plant and fixtures and fittings in the premises. Owners of the furniture of hotel premises may claim compensation for depreciation of the value of the furniture. Hotel licensees are to be entitled to claim in respect of termination of trade of hotel premises, but not in respect of any other matter. Holders of wholesale licenses are to be entitled to claim in respect of the termination of trade, but for nothing else. Chartered chilis may be given compensation for loss of the rights to sell alcoholic liquor, but for nothing else. Winemakers may receive compensation for loss of the rights to sell alcoholic liquor, but nothing eb-e. Winemakers may receive compensation for depreciation of the value ot plant, machinery, and fittings used by the claimants for wine-making within one year previously to the commencement of the Act. and for termination of trade if the claimant has manufactured wine within one year from the commencement of the Act. Maltsters and owners of hop-kilns in New Zealand may lie entitled to compensation ior depreciation of buildings .plant, and machinery used for the-e purposes within a year before the commencement of the passing of the Act, and for termination of trade. Owners of vineyards, the grapes produced in which have been used wholly for _ the making of wine within the period of two years before the commencement of the Act, may receive compensation in respect only of the value of the freehold of the vineyard. Brewers’ servants and hotel servants may receive compensation only in respect of loss of opportunity of occupation. Claims may he made by one person or group of persons in two or more capacities, as when a brewer is also the owner of hotel premises. Claims for compensation w ill be heard by a Court of Compensation, to consist of a President, who must be .-. Stipendiary Magistrate, and two as- ssors all to be appointed by the Government, but it is provided that one of the two assessors must be a person approved by the Government as representing the class of person.- entitled to compensation under the Act. The Government may appoint such a number of Courts as may be deemed nece.-sary. Every Court is to be given full powerto insist upon the production of all evidence, documentary or otherwise, which may be necessary for the determination of the amount of compensation to be paid. No costs are to be allowed bv the Court to the claimant or to the Crown, or to any other per-on< or parties. Claims for compensation made by brewers’ servants or hotel servants are to lie heard by a Magistrate alone. Holders of stocks of liquor tor sale are not to be entitled to compensation on account of stocks which they may so hold. They will be allowed to expo t their stocks of liquor and retene refund of Customs duties, but in order to get back duty paid they must export within six months after the lapse ot their license to sell. It appears that no private person may import liouor for his own consumption, but there , nothing in the Bill making it an offence to retain stocks of liquor already in his -ossession when Prohibition coines into operation. STATE CONTROL. If Continuance should be carried at the poll, prevision i> mad? lor tr.e submission of the i.ssiie ot national pu- - chase and control oi the n.i-.ic to t:.. people at tqe next general eiectimi. definition of State purcuase alm rm., trol is quite clear and voa.piese. Ji mean- that the G. .u:..viit may bti.. out the wb.o.e bu-ine" er ti e ir.an..facture and -ale if liquor, and the premises where the trade i* tamed on. The ballot pap-T i> to >... a- follow -: — I vote lor National Continu: rce. I vote for State I’urcha—- ami Control. J vote for National Prohibition. In order that any proposal may he carried there mu.-t he pom d in favour of it more than of tn.- ict. votes record'd. If no prepo-'alJ'.* carried. then the status quo 1.-:.,.,:’-. District No-I.ir.-n~e m-t '<■ ~n-.. milted a.- an I—ite :.t next el«ct:...|.. The local v.-t« i* cut out. except it: Ko-Licemti jjisuicts, where the elec ten a
are to be given a vote on the question of the restoration of licenses or continued Prohibition. | If National Prohibition should be carried at this poll (at next general election), it is to come into operation on .Tune 30 next following the date of l the election. In the event of Prohibii tion being carried at tl»is scond poll, .>o ! compensation shall lie payable to anv- ' bodv, and thereafter no licensing poll !is f7> be taken in any district. I If the people should declare ior Stale purchase and control the Government will appoint a controller, and this officer will by virtue of his appointment be an officer of the Department of Justice. All licenses are to lapse on the determination of the noil, and liquor will lie manufactured and sold only by 'the controller and the branch of the] I Justice Department of which, he is the head. But the State will not, because of the carrying of State control, be entitled to extend the trade into NoLicense districts. I Th** Minister of Finance is empowe.rled'to raise the sum of ten millions for the purchase of the trade. I After the establishment of State conj trol. two issues—Prohibition and State ■Control —will be submitted to the peoI pie at subsequent polls to be taken every general lection.
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Bibliographic details
Hawke's Bay Tribune, Volume VIII, Issue 311, 4 December 1918, Page 6
Word Count
1,529THE LIQUOR BILL. Hawke's Bay Tribune, Volume VIII, Issue 311, 4 December 1918, Page 6
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