LOCAL OPTION AND COMPENSATION. TO THE EDITOR.

North Otago Times, Volume XXXIII, Issue 6462, 30 September 1887, Page 3

LOCAL OPTION AND COMPENSATION. TO THE EDITOR.

Sir.— Me T. Duncan, M.H.R ,on being questioned after addressing one of the lefcer mee'inga of a portion of the Waitaki constituency, as to his vidvra with regard to the ri^ht of the people to prohibit the sale of iutoxicating liquor in the district in which they might result*, stated, that Bines Government had offered inducements to some to build houses and other accommodation in order th.t they might obtain a license, and had on granting the licenoe piven them to cxpeo: thaf what is called a renewal of tho license would be granted to them yearly unlcßß they forfeited the ii»ht by infringing the conditions under wh'oh Mey held it, he considered it would be unfair to refuse to grant new licenses to such persons without "compensating them for the lobb to their business which would perhaps accrue. When asked to state on what grounds he held that Government hsd led such licensed pereouß to txooot n renewal of their licenses withoui tail if such condiliona were ootn plied with, ho said that a refereLce to the Licensing Act would show tba? Buoh wna the caee.

Not, bir, as wo had previously perused the Licensing Aot. we might bave confidently clialloneed Mr Duncan on the B Pn£> ar| d *«ught euch particulars from him 'as would have convinced the people either of the c rrectceaa of his position or that of our own. But knowing that Mr Duncan should know something of the intent and meaning of the manifold clauß'B of the said Act, wo thought it politic to reconsider the Act before venturing a further opinion. Wo have since had opportunity of revising our previous cetinrtßfw of the meaning of the Aot, sand we muat esy we quite fail to comprehend that any olauao or portion of a clause con be eaid in any dfgree to give cauee for the establishment In the mind of the licensee an expeotsney that, if he remained orderly, kppt his house orderly, and otherwise adhered to the rrquiremeut of the law, the Licensing Committee should, without fail, grant him a new

license every year, bo long as he defied ii.

( This J« the pofition of the Licensing 1 Act : (1.) Re granting a license to a n»n applicant. Clause 75 : The Licensing Committee shall exercise their discretion in giantin? or refusing any certificate for any description of licens*, Hid shall not be obliged to grant tho same merely because the requirement of the law as to accommodation or personal fitness of 'be applicant are fulfilled ; uoJess in (heir npiuion 'here is a necesßi y for the public house or other ea'ablishment for (he saie of intoxicatiuj; liquors. (2 ) lit granting a renewal oi license. Clause 81: '1 be objec'iona that may be iaben to the renewal of a lioenso may be

one or any of the following, and number

i(5) of "these following" is "That the licensing thereof is not required in fbe neighborhood, or that the quiet of the place in which such piemiscs are Bt'ua'e will be disturbed if a license is granted." (3.) lie cancelling a licence. P shall bo lawfuHor thf Licensing Committee. , , J to put an end to any liceme Iben current if it shall be proved. . . . that any conditions upon which the license was granted have not been fulfilled. It will thua bo Been that the grsn'ing of licenses of whatever kind is only obligatory on the committee and through them on the people if, other things being aatufactory, there is necessity for the public houpe or other establishment for the sale of intoxicating liquors. Also that the existing Act

provides that if in the opinion o( the people, as eviJenced by the verdict i.f their committee, there is no necessity for the sale of liquors, or (hat the comfort of the community would by any sucn sale be jeopardized ; euch people have the ri^ht to refuse to grant renewal of licenses ; and the nature of the clauses quoted implies that it is obligatory upon tho committee under such verdict to refuse to grant the renewal of the license.

Now, it is the object of the New Zsaland Alliance to procure for the people the power i> v..to at the ballot box on the direct ififtue of licenses or no licensee, on the very grounds of which the Governironntof 3881 desmed it advisable toperI mit the Licensing Committee to do so, in ; terms of Clause 75 snd Clause 81, section h, and thus it will be aeon that the only point on which the Alliance may be called in question, for itn action iv tho reoent poli'ioal aontest, is whether or no there ia any wisdom (iv the cmse of right) in aeeking to alter the mode of dealing with the I'quor trsffic in the way I have devoted — unless indeed the wisdom or injustice of the present Act in granting the powers vested in the above clauen* should be considered by any a matter of question. In conclusion, I would point out that I believe it is established by the law.

1. That no license noed be granted to a new applicant because he has fulfilled conditions on which eucU lloeuse could alone be granted.

(2.) No license need be grunted to one who his hitherto received onej^ecause 'he conditions under which alone he' had been permitted to obtain one ha.d been faithfully carried oub.

(3.) That only on the cancelling of a license — before a date up to which it had previously been granted to remain in effect — without solid evidence that the conditions on which ie had been granted had not been fulfilled, could it be equitable for the licensee to claim compensation fcr his 1033, and —

(4.) That when *ha people do consider that lha s&le of intoxicating liqucra inioimical to the maintenrtuoa of their comfort, or no longer a necessity to the district, they have even now no right snd power to refuse to grant arsy licenses to UiOEe already possessing them, and who h&ve built or own premises for the use of suoh licensed powers, or to tjranfc them to those clesirinsi for the first time to poeaets them, aud who may have built or may own premises which tbey hope to be allowed to use, and ali this without compensation. I'he measure Involved in No. 3, the Alliauoe have no intention of adopfiog, snd whether it be deeirable ih-.t the powers referred to, and now conferred by the lavr upon the CommitN-e as repras?ntative o£ the people, should be henceforth o >nvsyed to the people direct, it is for the people to decide-.

Waltjer Feth-Smith.

For efmtittfeation of 2?etoe, see pao* 4O

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