LICENSING LAW ANOMALIES.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVIII, Issue 1057, 9 June 1910, Page 22

LICENSING LAW ANOMALIES.

CURIOUS POSITION AT A BYE ELECTION. Mr. J. S. Palmer, President of the New Zealand Licensed Victuallers’ Association, in a letter addressed to the Auckland evening paper, draws attention to some curious anomalies in the Licensing law. He says:——“Having regard to the fact that an election for a member to represent the district of Auckland East in Parliament will take place on Thursday, 16th inst., it will perhaps be interesting for your readers to learn what the position will be with regard to the Statutory half holiday, and the sale of liquor in any licensed premises within the district in connection therewith. Section 123 subsec. 1 of ‘The Legislature Act, 1908, provides: ‘That every day on which any election takes place shall be deemed to be a public holiday after midday, and it shall not be lawful to sell intoxicating liquors in any licensed] premises within the .district between the hours of 12 o’clock noon and seven in the evening. Sub-sec. 2 reads: ‘‘Where the polling day at any election is other than that appointed as the weekly halfholiday, under the ‘Shops and Offices Act, 1908,’ the provisions of the Act relating to the weekly half-holiday shall be ‘deemed to refer to the polling day in lieu of the day so appointed, and it shall not : be necessary for any ■employer to observe "the day so ap-

pointed in the week in which the polling day falls-' Now Sir, let us see what the effect of this will be so far as the district of Auckland East is concerned; one side of the whole of Queen Street, and one side of the whole of Karangahape Road are included in Auckland East, the other side of these two thoroughfares are included in Auckland Central. This means that under the law the business premises on one side of Karangahape Road and Queen Street will remain open on Wednesday, 15th, all day, and close on Thursday, 16th inst., at mid-day; whilst on the other side of the same two thoroughfares, the positions on Thursday, 16th, will be reversed. Then with regard to the hotels, those on Auckland East side of Karangahape Road and Queen Street will be compelled under the law to refrain from selling intoxicating liquors to any persons between the hours of 12 o’clock noon, and seven o’clock in the evening, whilst on the other side of the same two thoroughfares the hotels, will remain open and conduct their business as usual.

“A (peculiar (feature attaching tew the anomalous position is the fact that the ‘Licensing Act, 190 B,’ itself, under sections 3 9 and. 46, deals only with this aspect of the questions so far as it refers to Licensing Polls and Licensing Committee Elections. “Any further comment from me on the absurd and ridiculous position which will obviously have to be faced next week by reason of such defective legislation, I consider at this juncture unnecessary and superfluous. It is, however, worthy of note that the phraseology contained in section 123 of the ‘Legislature Act, 1908,’ is by no means perfect, and therefore open to comment and criticism.” —I am, etc., J. S. PALMER.