THE LICENSING BILL.

New Zealand Times, Volume LXXVII, Issue 5372, 3 September 1904, Page 5

THE LICENSING BILL.

PROPOSED AMENDMENTS 1 . TIED "HOUSES. Amendments to tho Licensing Bill are already beginning to bo tabled. Yesterday afternoon Mr A. L. D. Fraser gave notice to mova the following now clauses when tho bill is in committee: — Every deed, memorandum, or other document entered into Ibetween-tho owner or owners of any licensed premises and any other person for the purpose of creating the relationship of landlord and tenant between snob owner or owners and such other person shall bo absolutely void until confirmed by a Stipendiary Magistrate. The Stipendiary Magistrate shall refuse to confirm such deed, memorandum, or other document in tho following cases, namely:—(a) If ho finds that such deed, memorandum, or other document contravenes or is contrary to tho spirit of section 35 of tho Amendment Act or section 58 of this act; (b) if ho finds that such deed, memorandum, or other document' contravenes any provision of tho Licensing Acts; (c) if ho finds that such deed, memorandum, or other document is contrary to equity and good conscience, or that its terms are not fair, reasonable, and bona fide. Any person entering into any agreement (oral or otherwise) the effect of which is to defeat tho objects and intentions of section 35 of the Amendment Act, section 58 of this act, and tho iast preceding section, shall, on a first conviction, bo liable to a penalty, and on a second conviction to imprisonment with hard labour. T'he terms and conditions of every deed, memorandum, or other document confirmed hy a Stipendiaiw Magistrate, acting under the powers conferred upon him, shall be strictly observed. If tho landlord commits a broach of any of such terms and conditions ha shall, on conviction, bo liable to a penalty, and tho Stipendiary Magistrate may, if ho thinks fit, endorse the license. If the tenant commits a breach of any of such terms and conditions ho shall, on conviction, bo liable to a penalty, and shall, on a second conviction, bo disqualified from holding a license for licensed promises during tho next ensuing five years.

Any of tho parties to a deed, memorandum, or other document may appeal to a Judge of the Supreme Court against tho refusal by tile Stipendiary Alagisfrata to confirm swell deed, memorandum, or other document. Tho decision of such Judge shall bo final. Also: That clause 11 of tho Alcoholic Liquor Sales Control Act, 1893, is hereby repealed. (This exonerates any member of a Licensing Committee from any action at law for carrying out any pledge or promise he made previous to election). In regard to this clause Mr Fraser is of opinion that the practice of candidates for election pledging themselves to do certain things is inimical to the interpretation of justice. Quite lately tho matter was brought before tho Hou.se of Lords, and the Lord Chancellor, on this subject, expressed himself as follows:—“I can imagine nothing more calculated to undermine and destroy that confidence than tho sort of notion that they (tho Licensing Committee) lend themselves to partisanship on any public question. I say very distinctly that Magistrates are bound in tho discharge of their duties as licensing Justices to be guided by tho state of facts established before them in each case.”

Mr Rutherford has given notice ol an amendment having for its object tho freeing of local bodies that have net got public-houses in their districts from contributing to tho cost of licensing elections.