THE LIQUOR BILL.

Poverty Bay Herald, Volume XXXI, Issue 10163, 24 September 1904, Page 2

THE LIQUOR BILL.

COMMITTEE REVISION ALMOST COMPLETE.

THE BILL AS IT NOW STANDS.

(From our Parliamentary Reporter.) WELLINGTON, this day. The Licensing Bill is at hust within ■measurable ditfrtano^- of .coinplotilng its 'progrys tltrough ' Committee, and although some, few other amendments of an un important character may yet be madebefore it is sent on to the Legislative Council, it will be interesting at this stage to briefly sketch its provisions. To commence, with, the striking out of clause 2, wliich proposed to eliminate the reduction issue from the local option poll, leaves the issues as at present — continuance, reduction, no-lictnse. The result of every valid licensing poll taken before or after the passing of the measure is to have effect until superseded at a subs**quent valid licensing poll. The "no license no liquor" clause, has dkappeared. Whenever by reason of a change m the boundaries of electoral districts, the whole or any part of a licensing district is removed into another licensing district, the condition of tilings a.? regards licenses wMI continue m the cutout area until the result of tlie next licensing poll comes into force. With regard to disputed polls, it is provided tliat when tine result is disputed on tlie ground tliat tlie count of the re>turning officer was incorrect, any six electors may within seven days after public notice of- the result apply .m writing to a Magistrate for a recount, and, m cose tliere is a doubt as to tlie application' reocliing tlie Magistrate within, the seven days, the application may be forwarded by telegram. The application must be accompanied by a deposit of £10. Two days' public notice of the recount must be given. If, as the result, the Magistrate finds that the figures given by the returning officer were incorrect, his duty is. to publish the amended result. If he is of opinion that the application was made on insufficient or frivolous ground®, he has power to order the expenses to be paid out of the £10 deposit, which otherwise will be returned, and the expeuse^ of tlve inquiry will form part of the expenses of the poll. Provision is also made for holding an inquiry into the poll on tlie application' of fifty electors, lodged within 14 _dnys after the declaration of the result. The application must be accompanied by a deposit of £20, which will be forfeited to tlie Crown if the Court finds tliat the grounds of the petition have not been sustained. The inquiry will be conducted by a Bench of three Magistrates exercising jurisdiction nearest to the principal polling booth of the district. Specified grounds of complaint only will be investigated, unless by leave of the Court evidence may be given to prove that any -proposal other than that declared to be carried was rejected and not carried, and that a proposal other than that declared t<> be carried was carded and not rejected. The Court is given full powens. of calling evidence, and so forth, and its duty is to determine whether "by reason of tome irregularity tliat m its opinion materially affected the result of the poll," the poll is void, or whether ' any and what proposal was duly carried. The determination of the Court is to be final. Peitons found to liave committed irregularities are to be named m the report, and they will be liable to penalties up to x £loo. Tl„re are several kinds of irregularities — interfering with an elector with the intention of influencing him or advising him <as to his vote; printing or circulating ballot papers ; making a public demonstration .during polling Tiouks by means of living figures, effigies, paintiugs, placards, or other like means; obtaining or retaining possession of a ballot pa]4br. The Court lias power, to older tliat the costs "of tlm> petition -shall be paid by either of 1 the parties, 'or by tlie returning officer or ot-kir- official if it declare- tlie poll void on tlie ground of negligence or misfeaisance of tlie returning officer or other officials. When a 'licensing poll is declared void, a fresh poll must be taken within forty days, but that fresh poll will not be valid unless the number of valid votes recorded is not .loss than 55 per cent, of the number of valid votes recorded at the finst poll. In regaad to Chalmers, it is provided that ''if as the result of the appeal to the Privy Council it its established that the petition presented against the last poll is valid, and it shall be given effect to as if this Act liad not been passed. Tliere is nothing m tlie iiill about State control, tlio.. classes having been thrown out ww.no.ut a division^ special provision, liave been made* iii regard to cue Rolßipotae and any block oi .Native 'land whicn may be proclaimed a no-iicense area. They pro viae that it is unlawful lor any one u» solicit or receive any order lor any liquor within tire district, to sell, expose, or Keep for _u_e any iiquor within the district, to supply liquor toany one within the district v tue sender luis reasonable ground to smspect it- is intended to be ~oia or expoued or sept for sale, or to send or deliver to any person m the district any package cuntiuuiiig liquor uiileis it bears distinctly written or pnnttid on the outside a statement that it conaius liquor. Any constable, officer of Customs, or licensing inspector may detain and examine any is inspected package. * m a prosecution for isale of liquor m breach oi tins provision (this is a new clause) it will not be necessary m proving the isale to -show that money paissed, if the Court is satisfied that a tranKictiou m the nature of a -aletook place, and, further, it will be on the person cliorged with exposing or keeping nquor for _ate to show that the liquor was not exposed or kept for sale. Liquor must not be supplied to any male Maori who is und«r tlie influence of liquor, nor may it be supplied to any Maori woman except on a medical certificate. Heavy penalties are provided for a breach of these provisions. As to the Cook Islands, a series of clauses practically prohibit the sale of liquor except by a Customs officer for use m tlie arts or manufactures, or for medicinal or scientific purposes. Power is given to tlie Governor m Council to appoint members of licensinig conimittees where a sufficient number have not been elected, and the day of election is to be. the second Tuesday m March, 1906, and every third year thereafter. Any member of a licensing comimittee who becomes disqualified or is absent from two consecutive quarterly meetings, or ceases to permanently reside in' the district, ceases to be a member of the committee, and m that cace the Governor will till the vacancy. A new clause provides tliat the local bodies of each district which forms part of a licensing district and receives a portion of the license, fees contribute to tlie cost of tlie election m proportion to tlie amount of the license fees which they receive. In regard to the recall of lapsed licenses, it is provided tliat no such license shall be granted as a new license m any borough for new premise-, situated more than half _ mile and m any county more than a mile from tlie original licensed premises. It is expressly provided tliat this shall apply to all publicans' licensein the district. An applicant for a license must furnish testimonials, unless he is; already on the register of licensees. Discretionary power is given to •Magistrates with respect to endorsements, and all endorsements already made will lapse at the end of twelve months, if no fresh endorsement is made m the meantime, and future enidorsement will lapse on the J same terms m two years. Provision is made for keeping a register of license!holders and licensed premises, and for .recording convictjioiis again-* the *_me. Three convictions m three years. will permanently disqualify a person from holding a license or a house from being licensed for two' years. It is provided, however, that when two or more convictions have been made against any licensed' premises, another one would result m disqualification. Tlie licensee, if a tenant, will forfeit his lease, and the coni'mittee may, on the application of the landlord, transfer the license to some other pereon. Provision is made for continuing, a license until the committee lias finally decided whether to grant the application for renewal. The "bona fide traveller" is dealt with m clause 46. He may get refreshment at the end of a journey, but he must travel five miles before he can get Uhe first drink, and five miles between every subsequent drink. ;A wholesale license will authorise the licensee to sell and deliver liquor from one place only (to be specified m the license) m quantities of not less than two gallons. The liquors may be mixed (to be delivered .to any one person at any one time). The liquor must not be consumed on the licensee's house. or premises, but the licensee is allowtd to sell or deliver liquor from' a bonded warehouse. No- new wlioksale license may be granted m a borough or town district- unites there is a hotel there. Liquor must not be supplied to anyone under the age of 18 years, and anyone wlio sends a child under thirteen years to a licensed house for liquor is liable to a fine not exceeding £10. Persons found on licensed premises during prohibited hours are equally liable with the licensee. If a licensee is charged with selling liquor to a prohibited person, it will be a sufficient defence, if he proves that he did not' know the' "pereon to whom liquor was sold was prohibited. A prohibited person is not allowed to get liquor from "any person whomsoever," and tlie fact of Ills drinking liquor or having it m his possession', will be sufficient evidence tliat lie procured it unlawfully. , A licensee who permits or connives at gambling or the playing of any unlawful; game on his 'licensed premises is liable to a tine not exceeding £10. A fine up to £10 may also be impo_ed on any person other than the licensee who supplies liquor to a person "already drunk "or m a state of intoxication,"* a young peison under the age of 18. a child under 13 sent for liquor, a prohibited person, or to anyone after hours, irrespective of any liability attaching to the licensee.

Anyone who supplies liquor to a Maori for consumption off tlie premises within districts gazetted by the Governor is liable to a fine not exceeding £50, but this will not apply to any Maori married to an European or to lialf-costes living as European-. Power is given to the Governor to declare any ingredient or material to be injurious to health, .and then any liquor with which that ingredient is mjxed will be deemed to be adulterated. Prosecutions for a breach of the Licensing Acts mast be commenced witliin' three montlis of tlie date of the alleged breach. The owner or landlord of licensed premises is not allowed to demand or receive a bonus on his consent to tli transfer of lease. Any moneys so paid may be recovered as a debt. Chartered clubs must close for the sole of liquor at the same hours as licensed houses, and they are also subject to tlio licensing laws as regards gambling and the playing of unlawful gomes. Tlie Colonial Secretary is empowered to cancel the cljarter if lie is satisfied tliat the law is not observed. Stringent conditions liave been inserted to prohibit tlie sale of liquor by unchartered clubs. Power is given to a Licencing Committee to authorise a licensee to close bis premises for a specified period. With regard to tlia Parliamentary refreshment institution., Bellamy's, no liquor can be K)ld tliere if ever no-license is carried m Wellington. Tlie clause which laid down the conditions which will prevail m a district where no-license has been carried hais been considerably increased m its scope, and now if anyone who lives m a no-license district wants to purchase liquor outside to be sent to his residence, he must tell the vendor that he lives m a no-license district. The vendor must tell the clerk of the Magistrate's Court and keep a book setting out the nature of transaction, under pain of heavy penalties. He 'may, however, take a certain quantity of liquor home daily for his own personal use, and a registered, chemist may dispense liquor m medicinal quantities for .medicinal purposes on a doctor's prescription. Finally, tlie Bill provides that m any district where no licenses* exist as the result of a licensing poll, it. is not lawful to grant or renew any publican's license, New Zealand wine license, accommodation license, bottle license, packet license, wholesale license, conditional license or charter of any club. ' Progress on the Bill was reported on tlie motion of the Premier, wiho stated that the Bill would not be proceed with further until his return from tlie ■West Coast, a week hence. Recognising the hopelessness of carrying his proposal only permitting to electors the vote on one issue m connection with the local! option poll, Mr Millar did not move it. At a meeting last evening, the New Zealand Alliance Executive patted the following resolution : "Tlmt the Executive, while gladly recognising tlliat the Licea)sing Bill as reported from tlie Committee of the House, contains some improvements on the existing law, especially m regard to the proteictioii of tlie natives m the King Country and the Cook Islands, duplores tlie extensive concessions to the trade m which the Bill abounds, and m 'particular respectfully urges the House of Representatives when the Bill , is recommitted to insert the following amendments, viz. (1) that the words m clause 23, wliich abolislitis the present automatic process of purging the rolls after every general electron, be struck out as conducive to roll-stuffing, personation, and the falsification of tlie peoples verdict, and rendering it certain that no valid lict'osing poll can be held when there is no electoral contest; (2) that the provisions requiring a fixed minimum of tilie ekctorc to vote at a- second licensing poll, or at the original poll if no electoral contest takes place be repealed a* enabling a minority to .nullify the vote of the ma jority by absenting themfielveis from tlie poll,, atad at tlie same time to violate tlie secrecy of the ballot; (3) that clause 39, which purports to forbid the remioval of lapsed licenses, is absolutely useless for its main purpose, of preventing what tlio Premier calls "immoral and corrupt removals," and .should be Tendered effective by prohibiting the issue of any new licenses wliether the existing license had previously lapsed or not; (4) that instead of increasing the facilities for the grant of wine licences, as proposed, both 'thase licenses and wholesale licenses shoold be expressly made subject to the prohibition against the increase c.f licer_;t;s, as was intended by the>'L-gUlat<ire when it passed.section 14 of the Act of ISTd; (5) tliat cause 20, which may render :i ma:i liable to a penalty of £100 if he (a.) advises a man on hijj way to the polling booth lw>w. to j vote or (b) prints or distributes ori polling day, or during thsi three preceding days, certain, printed instruction-? to voters, or (c) exhibits placards, etc., during polilng hours, be struck out, as an absurd and tyrannical restriction upon the rights of fair speech aiid honest agitation. The Executive considers most of the provisions, and especially these numbered 1, 2,, and 5, are an insult to coanmonsenise and un outrage upon democratic right, wthich a popularly-elected Cluimber should take the first possible opportunity of rectifying. The Executive also passed' a resolution, strongly protesting against the proposal m the Electoral Bill to ihcrease ths deposit to be lodged by a Parliamentary candidate! -from £10 to £25, and the prbportion of the successful aindidate's total to be polled, m order to avoid forfeiture from 10 to 25 per cent., and urged tliat instead of class legislation of this invidious kind, which would favor the rich man and penalise the poor, the proper mode of preventing many otlietrwise un-necei'-iry electoral contests, would be to repeal the clause m the Alcoholic Liquors Act, 1893, which practically renders every, local option poll void if tlie Parliametntary election is not contested. (Per Press Association.) DUNEDIN, this day. The licensed victuallers emphatically condemn the proposed compensation fund by contribution from the remaining licenses. In a wire to Mr Millar, they say : The opinion here is that the Bill is absolutely worthless. We regard the whole thing as a burlesque." „