MORE AMENDMENTS TO LICENSING BILL

Wanganui Chronicle, 2 December 1948, Page 6

MORE AMENDMENTS TO LICENSING BILL

RIGHT OF APPEAL IF ORDER AS TO TIED HOUSES VARIES

PARLIAMENT BLDGS., Last Night. (P.A.)- A right of appeal to the Supreme Court by either party affected oy an order varying the provisions of agreement relating to tied houses is contained in an important amendment added to the Licensing Amendment Bill during the committee stage of the Bill in the House of Representatives today. The Bill as reported back from the special Parliamentary committee last week, contained a clause empowering licensing committees to make these orders, but there was no right of appeal. This clause is now to be replaced by the one in the amendment, which provides for the making of such orders by the Licensing Control Commission.

The amendment states that if any document contains a provision that the holder of a licence shall be entitled to some concession or reduction in the payment of rent or interest, or to an extension of the term of any lease or mortgage, or to any other benefit whatsoever, on condition that the licensee shall purchase his liquor from the particular holder of a brewer's or wholesale licence, the Licensing Control Commission may, on the application ot any party to the document, make an order varying the provision. It is empowered to do this in such manner as it thinks just and 'equitable, having regard to the interests of each of the parties concerned. No . such order shall be made unless it is proved to the satisfaction of the commission that such provision is harsh and unconscionable, or has the effect of precluding thrj licensee from fulfilling his obligations under the principal Act and Bill. Notice of application shall be served by the applicant on all other parties to the document and the parties involved may be heard either personally or by solicitor, counsel or agent. Any party to tfie proceedings may appeal to the Supreme Court against the order of the commission on giving notice of appeal within seven days after the making of the order. If the Supreme Court confirms, or modifies the commission’s order, or varies the document itself, or if no appeal is made, or the appeal is dismissed for want of prosecution, any other party to the document not being the applicant can cancel the document and the whole transaction. This party may then apply to the commission for an order giving directions as to the delivery of the possession of the licensed premises, repayment of moneys and what else may be necessary to give effect to the cancellation. Such orders shall operate from the date of the making of the order or a future date, but shall not be retrospective. The orders of the commission are enforceable as if they were judgments of the Supreme Court. The provision in the Bill relating to tied houses shall not apply to any document that was executed, or to any transaction that was entered into before the passing of the Bill.

A provision in the Bill as amended by the Parliamentary committee provided for the establishment of a tourist house and worKs canteen licences in noiicence districts, this has now been removed from the Bill.

Another amendment removes the provision permitting the taking of a poll of residents on the granting of a tourist-house licence.

A new procedure has been adopted in regard to the powers on cancellation of a licence to require the remaining licensees to contribute to the licensing fund. Licensees in any locality may petition the commission asking for cancellation or surrender of a specified number of licences, or of such number as the commission thinks fit. The holders of licences remaining in force may agree to payment into the licensing fund of such a sum as the commission thinks fair and equitable by reason of any increase in the profits that will accrue. On receipt of a petition the commission may‘cancel or accept the surrender of these lienees and require the remaining licensees tc contribute to the licensing fund. b

A new amendment provides that temporary charters in the King Country will expire 14 days after a vote that licences be issued, or if the number of voces recorded in favour of the licensing proposal at a European poll is not less than three-fifths of all the votes recorded.