The Licensed Victuallers

New Zealand Illustrated Sporting & Dramatic Review, Volume IX, Issue 449, 2 March 1899, Page 18

The Licensed Victuallers

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SELLING TO CHILDREN.

One of the principal questions that agitated the Royal Commission on Licensing, recently held in London, was the selling of liquor to children under prescribed ages, and various opinions were expressed by the members of the Commission on the subject. Some were in favor of not allowing children on licensed premises at all unless they were the children of residents of the hotel, while others claimed that this would debar the little newspaper vendors, and matchsellers of Both sexes from one of the principal means of gaining their livelihood. Now, on general principles, less harm is done to the child who comes in with a jug or bottle to be filled for its parents, makes the purchase, and goes away again as quickly as possible, than to the child who solicits first one and then another of the customers to buy his or Ker wares, and yet the law on this subject is practically the same in New Zealand as in England. No offence is committed by the publican who allows any number of little ones to come into his bar and sell flowers, fruit, papers, or matches; but if a licensed victualler sells, or allows to be sold, intoxicating liquor to any child under the prescribed age for consumption on the premises he renders himself Hable to a fine of ten pounds (£10) for each offence, and, further, upon a conviction for a first offence against this section the convicted person, if licensed, shall be liable to have his license suspended for six months, and in case of a second or any subsequent offence he shall be liable to forfeit his license, and the premises in respect of which such license is granted shall be liable to be declared disqualified for a period of not less than two years nor exceeding five years. The law on this point is very concise, but is less strict in New Zealand than in England, as in the latter place all children are debarred, whereas in this colony an exception is made in the case of the children of residents on the premises, or of bona fide guests, lodgers, or travellers. Both countries place the prescribed age at sixteen years for selling liquor to be consumed on the premises. Previous to the “ Alcoholic Liquor Sale Control Act 1893 ” being passed in New Zealand, Section 166 of the Act of 1881 was very indefinite, and did not provide distinctly enough for children purchasing liquor to take away. Section 12, Sub-section 8 of the Act of 1893, says, “ Section 166 of the principal Act is hereby amended by adding the following words, ‘ No intoxicating liquors shall be sold or supplied or allowed to be sold or supplied to under person, apparently under thirteen years of age for consumption off the premises, any a penalty for such offence of a sum not exceeding five pounds.’ ” The next question is, how are publicans to be able to tell the age of a child ? The presumable infant comes in, and is asked, his or her age, the answer usually being above sixteen. Still, if it can be proved that the answer

is incorrect, the publican is liable to find himself in hot water ; and on this point the police are very prone to act in an over-zealous manner, as was the case in Auckland some time back, when a reputable publican was prosecuted on a charge of selling liquor to a child under the age of sixteen. The defendant proved that he had asked the necessary questions, and also produced the mother of the child as a witness, she giving evidence that the child was over sixteen; but still, the police pressed for a conviction, and the magistrate seemed undecided until counsel for the defence emphasised the probability that the mother was more likely to know the child’s age than the police, and the charge was finally dismissed. This clause certainly needs amending in some form, and in a subsequent issue I shall go further into the matter, and point out a peculiar discrepancy that seems to have escaped the notice of the public up to the present time.