NELSON PROVINCIAL COUNCIL

Colonist, Issue 795, 9 June 1865, Page 5

NELSON PROVINCIAL COUNCIL

Tuesday, Jt/nk 6,

The Provincial Council re-assembled this evening after a month's adjournment. The Speaker took tho Chair at five o'clock- The members present were the Provincial Solicitor, MessrsRedwood, Curtiß, Hodgson, Richmond, Oliver, Kingdon, Butler, Lewthwaite, Harkness, Thompson, Bentley, Burns, Simmonds, Macmahon, Baigent, Pollock, and Dodson. THB LICENSING- BILE. The Provincial Solioitob moved the second reading of this bill. On the motion being seconded Mr. Harkness moved as an amendment, seconded by Mr. Bentley, that the bill be read a second time that day six months. On a division on the amendment the following were the votes :— • Ayes: Messrs. Hodgson, Oliver, Lewthwaite, Harkness, and Bentley—s. Noes: The Provincial Solicitor, Messrs. Curtis, Richmond, Kingdon, Butler, Thompson, Burn, Simmonds, Macmahon, Baigent, and Pollock—ll. The amendment was Ihns lost by a majority of six ; the original motion was put and agreed to, and the bill was read a second time, and the Council went into committee on its clauses, Mr. Pollock in the chair. In reply to Mr. Richmond The Provincial Solicitor said the most of the alterations proposed in the new bill were suggested by the Council last year, and in some which had been introduced he did not concur. The proposal to close at 11 o'clock, instead of 12, he did not agree with, as people would not be content to go home »t 11, and if the public-houses were closed »t that hour, such people would go to private houses, and drink where the police had no right of entry. The clause which rendered publicans unable to sue for debts contracted for liquors consumed on tie premises was a new one. Its object was to prevent people from contracting debts for drink. Some men went to the public-houw with 2s. or 3s. in their pockets, and when that was spent they would run up » scor* by treating people or otherwise, and their wives and families were made to suffer. (Hear, hear.) The clause deterred publicans from giving liquors on trust. Ho noticed i«vsral other provisions, all of which have been stated in our columns. The first five clauses were parted. Somo discussion took place on clause 6\ which proposed that as regarded house* not previously licensed no license shall be granted in any cmse where a majority of the householders residing within oneeiglith of a mile of such house, if situated in the city of Nelson, or within two miles if tituated elsewhere, shall petition against the same being granted. Mr. Oliver objected to the clause. He questioned the principle of■ the bill, which he thought only added one other to the mats of crude legislation already existing. Ho thought it a useless bill, and lie maintained that it was useless to petition the magistrates, instancing Hammond's case, whtro they had refused a licsnse although the people in the neighborhood had petitioned in favor of the application, which should have been granted, looking at the large number of public-houses in such a small place as Richmond Mr. Simmonds did not think that the crude legislation would be much benefited by Mr. Oliver's assistance. After some discussion the word " majority" in the clause was changed into " two-thirds," and tho words " three miles" substituted instead of " two." The Speaker then proposed that ths clause should be struck ont altogether, as it was a very difficult thing to draw a line as to distance, and disputes might arise which could only be settled by means of a surveyor. The amendment was negatived without k division. Clause 7, which fixes certain accommodation being given in licensed houses, such us six bedrooms and stabling for six horses, was postponed, Mr. Hodgson and other members contending that less accommodation was sufficient and Mr. Curtis suggesting that the clauie ought not fo apply to the city of Nelson, as many houses kept no stabling at all, and did not require it. All tho clauses, from 8 to 17, which are the same as the old ones, wero passed. On clause 18, which fixes the license fee payable, on the motion of Mr. Kingdon, a change was made in the amounts ; the fee for a house within the city of Nelson being induced from £40 to £30, and elsewhere in the province from £30 to £20Clauses 19 to 25 were passed unaltered. Clause 26 provides that the hours during which licensed houses shall be kept open, shall be from 6 in tho morning till 10 at night on working days, and from Ito 2, and 7toß on Sundays, Christmas Day, and Good Friday ; and on payment of an additional £10 until eleven o'clock at night on any working day. On this clause — Mr. Lewthwaite said that there should be one uniform hour, and that all houses in tho City should be closed at 11 o'clock, which he thought was late enough. Mr. Adams was favorable to the time bsing extended to twelve as it was at present; and ho should like to see eleven struck out and twelve subtituted. Mr. Dodson said that ten o'clock was quite late enough for the country. Mr. Harkness would like to see the clauses struck out altogether. He was in favor of an unlimited time for houses, and he would have them kept open at all hours —(laughter) that was for travellers. Mr. Richmond thought the differential fee between earlier and later closing hours too great, as in cases of ten o'clock licenses it made people in the ten o'clock business often inclined to stretch the law, »nd go beyond it. He suggested that the differential fee should be £5 instead of £10, and that the hours should be 10 and 12. Mr. Pollock expressed himself as being favorable to a continuance of the present system of the hours being 10 to 12. It was moved that eleven he struck out, and twelve inserted, on the motion being put the Chairman declared that the alteration to twelve was carried by the voices ; whereupon Mr. Richmond said in order to test the opinion of the Council on that point, he would call for a division on the amendment, which was ftaken and was as follows :— Ayes: Messrs. Harlmesp, Richmond, Hodgson, Curtis, Redwood, Adams, and The Speaker—7. Noes : Messr". Dodson, Baigeut, Macmahon, Burn, Simmonds, Bentley, Thompson, Lewthwaite, Butler, Kingdon, Kelling,'and Oliver—l 2. The amendment w*s therefore losf;, and the word eleven <ms retained. The differential fee of £10 was reduced to £5. Clause 30, which provides that no debts incurred for liquors consumed on the premises unless by lona fide lodgers shall be recoverable by law ; was carried by a majority of If? to 3. Mr. Hodgson moved that Clause 31 be struck out. This clause renders it unlawful for a license person to permit the payment of wages in his house unless those of his own servants. Mr. Richmond asked the Provincial Solicitor on whnt he grounded such a provision. The Provincial Solicitor said that the same lanexisted in "England, and its object was to prevent the spendiug of wages in public-houses in liquors, or the placing of undue temptation to do so in people's way. (Hear, hetir.) Mr. Hodgson still pressed his amendment, which was negatived on a division. On the motion of Mr. Richmond an addition was made to Clause 33, that every holder of ft license should keep a copy thereof posted in some conspicious place in his house. All the other clauses up to and including 40 were passed. On Clauses 41 and 41, which provided that on any person being three times convicted of drunkenness within six calendar months, the Justices before whom such third conviction shall take place should cause the name and a description of such person to be forwarded to every holder of a license by whom no more liquor should be supplied to such person, under a penalty not exceeding £5. Mr. Dodson said Clause 41 was exceedingly arbi* tary, and he opposed it strongly. Mr. Kingdon also opposed it. A similar law had been tried in Canterbury. The first case was that of the celebrated Ann Robertson, who was so prohibited, and she became notorious for being oftener^ drunk afterwards than before, or than anybody else in that province. She had only to give a boy sixpence to get , him to buy as much liquor aa she liked. He thought'

the ciise was sufficiently provided for by Clauses 82 and 39, which rendered it penal for any one to supply an intoxicated person with liquor. Mr. Harknbss cordially concurred in the remarks of Mr. Kingdon, which he was very happy to hear. The clause was a most outrageous one, and he could not conceive how any one in his sober senses could have proposed such a thing. (Loud laughter.) Such a prohibition only raised the desire in the minds of people who were prevented from having drink, and it made them get it, and thus increased the evil. (Laughter.) The clauses were then struck out. All the other clauses, except 7, were agreed to; progress was reported and the House resumed, and shortly afterwards adjourned. Wednesday, Jttns 7. hackney oabriages inspection bill. The Pbovincial Solioitob moved that this bill be read a second time, and he briefly narrated its provisions [These were stated in our columns sometime since]. He added that the bill was prepared in consequence of the Council's request to that effect last year. Mr. Pollock seconded the motion, and at the same time asked the Provincial Solicitor if it was intended to create a new office with a salary. The Pbovincial Somcitob explained that it was not contemplated to attach any salary to the office, and that probably the Chief Constable would be appointed, but that all his emolument under the Act would consist of fees. Mr. Lewthwaite opposed the bill as a work of supererogation. Every gentleman who engaged a hackney carriage was supposed to be his own inspector. Mr. Olivbb thought it a fit and proper bill, but he feared it would be disadvantageous to restrict the numbers. The principle of the bill was good, and he should support it. Mr. Simmondb said that considerable complaints were made last year against overcrowding of the vans, and this limitation as to numbers was, he considered, the most important feature of th» bill, which should not be taken out. The vans now on the road were very different, and both these and the horses were ft credit to their owners and to the province. (Hear, hear.) After « few remarks from Mr. Baigent, Mr. Macmahon, and other members, the clause as to limitation of numbers was retained by a majority of 12 to 4. The other clauses were agreed to, and one was added making the penalties recoverable by summary proceedings before the Justices. LIGMT DU»B AT WILSOK. Mr Bttbn movsd—" That a Select Committee be appointed to draft ft Memorial to the General Assembly, requesting them to set aside the dues now charged m Light Dues on vessels entering Neleon Harbor, with persons and papers; such Comwittee to consist of the Speaker, Mr. O. Curtis, Mr. S. Pollock, Mr. S. Kingdon, and the mover." He brought up this motion because the present rate of light dues enacted at Nelson for th« port light, on all vessels entering the harbor was far too heavy, on coal vessels for example it was-'some-thing enormous. A committee of the Council had reported against the levying of such dues as being highly injurious to the trad* of the port; and therefore he thought the Assembly should be petitioned either to reduce them, or abolish them altogether Agreed to. SCAB IN SHERP BILL. On the motion of the Pbovincial Solicitob this bill was brought in and read a first time. LICENSING BILL. The Council went into committee on this bill. Clause 7 was the only clause remaining, and a considerable and irrelevant discussion took place on it; various amendments being proposed and objected to. At last all that p»rt of tho clause, prescribing the size and extent, number of rooms, and amount of stabling for horses on licensed premises was struck out, and the clause aa it now stands merely provides that no license shall be granted to any house, " unless it shall be suitable for the convenience and accomodation of travellers." This places the question an the discretion of the licensing Magistrates. The bill will not come into operation until Ist July 1866. The schedules were passed, and progress was reported and leave granted to sit again. ' The Council then adjourned.