NEW ZEALAND WINES.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVIII, Issue 1056, 2 June 1910, Page 21

NEW ZEALAND WINES.

EXEMPT FROAI THE LICENSING ACT.

AN IMPORTANT DECISION.

One of the most interesting cases that has come before the MastertonMagistrate’s Court for some time was heard on Friday, before Mr. C. C. Graham, S.M., when William George Lamb was charged, at his own request, with selling liquor and keeping it for sale within the No-License area of Masterton. Mr. Lamb contended that on account of the fact that his wine was manufactured from New Zealand grapes, no breach was committed, and in order that a test case might be brought before the next sitting of the Supreme Court in Masterton he asked Sergeant Miller to witness an alleged breach of the Act. The whole point of the proceedings lies in the fact that

the Licensing Act of 1881 provides that that. Act; shall; not apply?! to wine made from grapes grown in New Zealand. In opposition to that, the Alcoholic Liquors Control Amendment Act of 1885 provides that liquor shall not be. sold in a No-License area, no distinction being made, between New Zea-land-grown liquors and others. These two Acts have Since been consolidated (in the year 1908), embracing the conflicting clauses. The information was laid under the latter Act, and Mr. Lamb’s contention, under legal advice, was that he was not prohibited from selling, as the Act of 1881 has not been repealed. Mr. Blair, for Skerrett and Wylie, appeared for defendant, and admitted they were guilty of the charge unless they came within the exception of the Act, which he contended they did. Before coming to a decision, it was necessary to ascertain what was the intention of the Legislature when framing the Act. The Act commenced with certain exceptions, which clearly meant, it was contended, that the legislature never had any intention of interfering with the wine industry in New Zealand. As he understood NoLicense, there was no intention to prevent anyone getting as much liquor as they cared to buy. The only difference was that instead of purchasing it by the pint, they had to purchase it by the gallon. In short, it was intended to prevent people from continually purchasing small quantities. The position was this: Was Mr. Lamb’s vineyard to be of use to him or not? If an adverse decision was given, it would not be of use. There were at present some seven hundred acres of vineyards in New Zealand which the Government had spent considerable sums in fostering and from which three hundred thousand gallons of wine were made each year. Was it likely that the Legislature intended to do away with this industry? His Worship said he had given the matter full consideration, and was quite in accord with Mr. Blair’s remarks; Both informations would be dismissed..—“Wairarapa Times.”