THE LICENSING BILL.

Star (Christchurch), Issue 7233, 21 October 1901, Page 1

THE LICENSING BILL.

ITS PROVISIONS. fFnoM Otic Corkkspohdent.] WELLINGTON, Oct. 18. The Licensing Amendment Bill was circulated to-day.' The principal clauses /re as fellow:— With respect to the recording or endorsing of convictions on licenses tne following provisions shall apply ; anything in the Licensing Acts t-;> the contrary notwithstanding. (1) T:i every ease whereunder the Licensing Acts it. is directed that a conviction fhall t>c recorded or endorsed , on a license the convicting Court shall have .a discretion to. record or endorse or not to , record or endorse the conviction as tSio .j Court 'thinks fit. (2) In. exercising its cis>- j cretion the Court shall have regard to the special circumstances of the caw and the degree of moral blame imputabh to the : convicted licensee. (3) The iccord or endorsement, it made before the passing of this Act, shall lapse and be deemed to be cancelled if at th«. expiration of twelve months from the date of the conviction so recorded or endorsed another conviction { has not be€n recorded or endorsed on the license: (4) Nothing in this section- shall affect the provisions of Sections 206 and 207 of tho principal Act relating to the disquaijlScation cf persons and pre-roisss. (5) Section 22 of the AhrtioVia Liquors Sale Control Act. 139— (relating to endorsement of licenses) is hereby repealed. The- tourist clause* provides that notwithstanding anything to ths contrary 'elsewhere in vbe Licensing Act, the Colonial Secretary ; mar, upon such terms in all things as sub- j ject to the regulations hereinafter mentioned he thinks fit, grant licensps in respect of premises in special places for the i convenience of the tourist traffic, and for j the purpose of this section the following provisions shall apply: — (1) The special places shall be. specified by the Governor by notice in the " Gazette," but shall iv no case comprise any portion of the Rohepotae (commonly known as the King Country). (2) Licenses granted under tihis section shall not be deemed to be granted in a -licensing district. (3) The Colonial Secretary shall, with respect to licenses, licensees, and licensed premises under this section, have all the powers, which are possessed by a licensing Committee or its members with respect to licenses, licensees, and licensed premises other than under this section. (4) The Governor may from time to time make regulations prescribing the license fees to be paid in respect of licenses under this section, the duties of licensees, the r.ature extent and quality of the accommodation to be afforded by the licenced premises, the prices to be charged for food, lodging, liquor and accommodation, and generally the conditions subject to which the licenses are granted, and may fir the penalties, not exceeding ten pounds for a breach of the regulations and the cases in which the license may be forfeited and cancelled by the Colonial Secretary. (5) The regulations may relats either generally to all licenses under this section or specifically, or specific licenses may bj differer/fc for different places. (6) Subject to the provisions of this section and the regulations there--1 under, the general provisions of the Licensing Acts shall apply to- licenses, licensees and. licensed premiss under this section, provided that no "person skill be punished 'twice for the -(same offence. . Regarding clubs, it is proposed that (1) all clubs holding a charter under Section 229 of the principal Act shall be subject to the provision!? of thieLteensiftg Acts relating to inspection and to the .sale of liquors. . (2) Charters under that section ■fhall hereafter be granted by the Licensing Cpmmi'ttee instead' of by the Colonial Secretary, and no charter shall be granted unless the Licensing Committee is satisfied thab : ; the club will have a suitably appointed library and readJng-rccm. In the matter of tied houses the following deals with evasions :-—(l) In every case where a rent is reserved under a least of premises licensed or to be licensed, r.nd the lessor has in any way arranged or agreed to abate the same or refund any part thereof in consideration of the lessee purchasing any liquor or goods exclusively from the lessor or some person. name:l by the lessor then the covenant of agreement to pay the rent shall to the extent of such abatement or refund bs defined to b» a covenant or agreement within the meaning of sub-section 5 objection 35 of the amendment Act. and the instrument of lease may be rectified as provided in that sub-section. (2) This section shall apply to lenses now current as well as to leases hereafter executed. Transfers may not be granted to premises more than a. quarter of a mile from the old premises. (1) The Licensing Committee shall not grant any publican's license or the transfer cf such .license unless t.he applicant, if a tenant, is entitled to hold the prenusE-s. the subject of ihs application unde,? a good and mbsisting written lease, noi 1 imless if tho lease is txecuted after tire passing of this Act it ir> gnuv.cd fcr a, teTm of, not less than io\n years. (2) Every' such tense .shlill ha lodged with ihs elerlrto tic Licensing Committee, together with such application.