Locker System Musi Go tor Clubs To Obtain Licences

Northern Advocate, 28 December 1949, Page 3

Locker System Musi Go tor Clubs To Obtain Licences

LICENSING COMMISSION'S DECISION . . .

WELLINGTON, Wed. (P. A.) .—Clubs cannot obtain charters unless the locker system is abolished, stated the first club charter decision of the Licensing Control Commission, which heard four applications for charters in Wellington on December 6 and 7. The hearing decided the principle by which applications for the grant of charters should be governed. . Heading the commission was Mr A. M. Gouldmg (chairman), with Messrs B. Barrington and L. C. Nisbet as members.

Under the provisions of the Licensing Act of 1881, subsequently amended, various charters were granted by the Minister of Internal Affars up to about the year 1908. Since that time no charters have been granted under the provisions of the act, though repeated applications have been made by a variety of clubs to obtain charters, the decision explained. After the passing of the Licensing Regulations, 1949, in August of this year, applications began to be received by the commission for the grant of club charters. With the consent of interested parties, four different types of application for charters were listed for hearing at Wellington on December G. They were:— Christchurch Golf Club. Wellington RSA. County Club, Hastings. Wairarapa Soldiers’ Hostel. The application in respect of the Wairarapa Soldiers’ Hostel was listed by the commission for hearing because the premises were in the area covered by the Masterton Licensing Trust Act, 1947 The trust gave notice that it proposed to oppose the grant of the charter to the Hostel and of the grounds for such opposition. / BROAD LINES OF POLICY The commission, in its finding, believed it would be well at the outset that it should try and enunciate certain broad lines upon which it could fix its policy in approaching the problem of charters generally. “Club” means a voluntary association of persons, whether incorporated or not, combined for promoting the common object of private social intercourse, convenience and comfort, and providing its own liquors, and not for purposes of gain. The commission must be satisfied that the club is conducted in good faith as a club.

the grant of charters to clubs with very largo membership should not be encouraged. It was fraught with the danger that the genial and comfortable conditions under which club life should be carried on would tend to disappear; that drinking conditions would deteriorate in such clubs; and that membership would be sought primarily for the purpose of enabling members to obtain liquor. It was clear that the legislature had seen fit over a long period of time to see that in certain respects all chartered clubs must comply with the licensing laws. In particular, chartered clubs were iq the same position as licensed hotels with regard to the hours for sale of liquor on club premises. The commission had no power whatever to alter those hours. Unfortunately, in the past a great many unchartercd clubs have adopted locker systems and sometimes open bar systems and nad not observed the hours of sale of liquor which hotels were compelled to observe. The commission could not stress too strongly that all clubs which were granted charters must strictly observe the law in this respect. Breaches of the law would endanger the charter. Associated with the question of sale hours was the problem of consumption of liquor on club premises or the right to sell liquor for consumption off the premises. All the clubs which now held charters had the right to sell liquor for consumption off the premises.

It was now possible for the commission, if it thought fit. to authorise the sale of liquor for consumption on the premises only. The commission was not prepared to lay down any policy that it would pursue with regard to this problem. Each application would have to be considered on its merits and the question determined in accordance with the discretion of the commission.

The commission ,r»ust be satisfied in the first place that a club which applied for a charter brought itself not only within the definition of “club” set out in the act, but also within the conception that underlies that definition. A club was part of the private social structure of the community. The comrfton objects of its members must point in that direction. It was formed for social intercourse, comfort, convenience and “social amenities.”

The right to provide its own liquors was but one of the social amenities it enjoyed. But any gain from the sale of liquor did not destroy the mature of the club, providing it was merely incidental to its proper purposes^ NOT DEPEND ON LIQUOR.

The applications were dealt with as follows: Christchurch Golf Club and Wairarapa Soldiers’ Hostel, Masterton, both adjourned sine die. Applications from the Country Club, Hastings, and the Wellington RSA were granted. At the hearing, representations were made by counsel that urgent consideration be given to applications for club charters in the King Country. Many applications had already been received from that area, and a number of applications had been advertised, but not yet forwarded to the commission.

The existence of a club should not be dependent in any large measure on revenue from the sale of liquor. If that were so, then a club would fall into the category of a hotel rather than a private social institution.

That was 'why, in the view of the commission, the source of revenue from both entrance fees, subscriptions, donations and' endowments was an important matter to be considered when determining whether or not a club charter was justified. The consumption of alcohol being an amenity, merely incidental to the true purposes of the club, any conditions that would detract from comfort and convenience would not only. be discouraged by the commission, but also, as far as possible, prevented. The commission would also insist that proper arrangements be made for hygienic conditions and sanitary arrangements, as approved by the Health Department and local bodies.

In this connection, the question of the running of a locker system in conjunction with a charter was fully discussed before the commission at the hearing on December G. Counsel for the Christchurch GoLf Club and counsel for the New Zealand Golf Association advocated some such system as being particularly desirable for golf clubs. The views of the Police Department, the Association of Chartered Clubs, the Licensed Victuallers’ Association, and the New Zealand Alliance. wers all opposed to it. OPEN TO ABUSE The- commission, at the hearing, expressed its view that any such locker system was highly undesirable, open to abuse and impracticable. This opinion applied to all clubs. The commission would, in all cases, seek the assurance of applicants for these charters that no such locker system was to be allowed. It if did not have that assurance, then that matter would be regarded as relevant and important in letermining whether any charter was desirable or should be granted. Another matter to which the commission thought it should refer related to the question of limit of numbers in the membership of clubs. With regard to this, the commission felt it was impossible to lay down any hard and fast rules.

At the same time, the legislature had not seen lit to place any limit on the membership of clubs except in the provision of a minimum number of 50. Nevertheless, the commission felt that

Early in 1950 the commission would endeavour to arrange a hearing in the King Country to deal with applications for club charters.