RESTORATION

Southland Times, Issue 23634, 8 October 1938, Page 8

RESTORATION

NUMBER OF LICENCES CORRECT STATEMENT OF LEGAL POSITION The Invercargill Restoration and Progress League, a League comprised of many prominent business and professional men whose names and signatures to the constitution of the League have been submitted to the Editors of both Daily Papers, has obtained from Mr H. J. Macalister an opinion on the licensing legislation as it affects restoration. It is given hereunder. From this opinion three things are clear: 1. That the owners of sites that held a licence when no-licence was carried have a preferential right to obtain a licence on restoration being carried and these sites, except one in Nith street, are in the business portion of the City within five minutes walk of the Post Office. 2. The fact that the citizens of Invercargill will elect the five elective members of the licensing committee (who can be avowed ■ prohibitionists but who can not be members of the trade) will ensure that the citizens will, through their elected representatives, control the granting of the licences. (By a recent amendment to the law the Governor-General, has an uncontrolled power to remove any member of a licensing committee if he thinks it advisable to do so.) 3. The minimum number of licences that will be granted will be 15 if applied for, which will certainly, if this League understands the wishes of the citizens of Invercargill be the only ones granted. LEADING SOLICITOR’S OPINION I am asked to advise on the following questions arising out of the Licensing Acts: 1. In the event of restoration of licences being carried in any no-licence district or districts, what is the position regarding the number of licences to be granted in such district or dis- ■ tricts? ) ■ * 2. What control nave the electors of any such district over the, granting of licences? 3. Have any existing sites in nolicence districts any priority; of claim in respect to the granting of licences? Dealing with the first point, the question raised is dealt with by. Section. II of the Licensing Amendment' Act 1910. By this Section it is provided that the number of publicans’ licences to be granted shall not exceed one for every complete five hundred, electors of the district at the date of the General Election at which the poll was taken, and shall not be less (if a sufficient number of such. licences is duly applied for) than one for every complete one thousand electors of the district at such date. ■i. ■ Assuming, therefore, that there, were fifteen thousand electors in the Invercargill district at the date of the General Election and restoration were carried, the position would be that the Licensing Committee,' subject to the 'provision of suitable premises, would be required to grant up to fifteen licences if that number were applied for, but would not be entitled to grant more than thirty. The question as to whether any licences in excess of fifteen should be granted is, however, entirely in the discretion of the Committee.

Regarding the second question, the electors of the district concerned have control of the grant of licences through the Licensing Committee. This Committee consists of a Magistrate and five other persons being residents within the district. These five members are elected by the electors of the district. The Magistrate is ex-officio the Chairman of the Committee and has a deliberative and a casting vote. Any duly registered elector residing in the district is qualified to be elected, but the Act specifically provides that no person shall be qualified to be elected or to act as a member of a Licensing Committee if:

(a) He is a brewer, wine or spirit merchant, maltster, distiller, importer for sale of or a dealer in fermented or spiritous liquors, or is in partnership with any such person.

(b) lie is the owner in fee or for any less estate of any licensed house. (c) He holds. (except in the case of the Magistrate) a paid office under the Government or under the Council or Board of any Borough, County, Road District or Town District.

Dealing with the third question, the Licensing Amendment Act 1910, Section II (3), provides that in determining applications for licences, the owners of premises in respect of which a publican’s licence was in existence at the time of the coming into force of the last licensing poll.in favour of local nolicence, shall be given preference over applications by other persons. I am -of opinion that the effect of this provision is to give a preference in the granting of licences to the present owners of premises in respect of which licences were in existence at the date of the coming into operation of no-licence. I am aware that there are certain obiter dicta to the effect that this priority is a personal one in favour of the owner of the licensed premises at the time no-licence came into effect, but, while giving such dicta the respect to which they are entitled, I think that the proper interpretation of the Section is that which I have given it.

H. J. MACALISTER.

From the above it can be safely deduced that of the licences that existed when no-licence was carried the 15 licences to be granted will be the 15 who have a preferential right to get the licences. In any event apart from preferences which do bind the licensing committee no sane licensing committee would grant a licence in the suburbs. , The propaganda of the no-licence party will no doubt be read with interest by the owners of the Wallacetown Hotels and its methods of trying to impose its will on the large majority of the electors who favour restoration, by stating half truths, no doubt will receive their due reward on election day. Invercargill Restoration and Progress League. (Published by Arrangement)