The Akaroa Mail. FRIDAY, DECEMBER 9. "THE LICENSING ACT, 1881."

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 564, 9 December 1881, Page 2

The Akaroa Mail. FRIDAY, DECEMBER 9. "THE LICENSING ACT, 1881."

One of the most important Acts passed during the last session of the General .Assemb'y is that the short title of which we have placed at the head of ibis article. As this Act places certain powers and responsibilities in the hands of the public at large, which have hitherto been exercised irrespective of any direct control by them, we consider it our duty to'lay before our readers a brief resume of its provisions in order fiat they may be able to exercise the discretion so placed in their hands in an intelligent niannei

The. first part of tho Act contains the provisions for the constitution of Licensing disiricts. These are to be defined by the Governor by proclamation in the Gazette, " as soon, as conveniently may bn after the commencement of this Act." Wliil" giving a necessary discretion to the Governor in the matter, the Act very clearly indicates th n lines that should be followed in defining these districts. The words of the section hearing on the snbject are as follows :— " Such districts shall, so far as possible and convenient, be identical and conterminous with existing and future (1) Undivided boroughs, (2) Wards of divided boroughs, (3) Ridings of counties ; the smallest of such divisions being, in every case adopted: provided that no licensing district shall . ontain less than one hundred ratepayers." Now, let us see how these provisions apply to the County of Akaioa. But for tbe concluding proviso, the Peninsula would comprise ten districts, viz., the nine ridings of the County and the Borough of Akaroa. The Borough contains the requisite number of ratepayers, and will probably without question be constitute! a district. With regard to the ridings, we find that only two of tiivm come up to the standard of nmnber, vis,, Berard and Little River. A re arrangement of districts will therefore be necessary as far sis the Comity is concerned. It is of the greatest importance, if the intentions of the Legislature are to be carried out, that the districts should not be so largo as to be unworkable, or so broken "up as to have no community of interest. For instance it would be absurd to ask tho ratepayers o f Little biver to decide as to the issue of licenses in Okuin's Bay. Tho Act applies the principle of local government, about which we have hea d so mujh, to the question of licences, and if this local control is to be a reality, and not a .sham, the districts shoul.l be so constituted tint a genuine expression of public opinion may bo arrived at. We consider that this matter of boundaries is one on which it would be well for tbe. residents to express an opinion before they come to be define 1. No doubt the Government would be glad of an expression of such opinion as a guide in laying out the districts. Taking the geographical features of the county into consideration, we would suggest that the ridings of Berard aud Wainui might very well form one district. Little River and Tai Tapu, though covering a large area, would probably have to run in double harness, as the roll of the latter is not numerous enough to enable it to stand alone. Oka.n's ;ind Le Bo :'s Buy Ridings, comprising the present road district, would form another district ; and this arrangement Vionld leave Pigeon Bay, Port Levy, and Port Victoria, which would probably have U> bo grouped together. The last of these three has certainly little in common with the first, and might probably tit in with some district

outside the county, but the two former do not contain between them a sufficient number of ratepayers to constitute a distri t. We have thrown out these suggestions in the hope that the ratepayers may be led to express some opinion themselves on a question ou which th« ir wishes should certainly have the greatest weight with those charged with the idministration of the Act.

The districts once constituted, the noxt step is the election in each district of a Licensing Committee. This eommittw is to consist of " five persons, who may bo residents either within or outside <f the district " to be elected aiiiui lly by the ratepayers of the district, in manner provided by " The Regulation of Local Elections Act, 1876." It will be observed that the qualification for a seat on this committee is of the widest possib'e description. ,Tho members, though elected by the ratepayers, need not be ratepayers themselves. They may reside ci either within or outside, of" a district—n sufficiently extensive latitude—and they need not even be •of the sterner sex. the word '- persons," with all due respect to our County Clerk, evidently including women. The disqualifications are twofold, viz.:—(1) Persons interested in the manufacture or sale of liquor, and (2) paid officers of the Government, or of any County or Borough Council. Ttie Resident Magistrate in each district is constituted Returning Officer, and is enjoined, " as soon as conveniently may bo after the constitution of a district," to conduct the election of a Licensing Committee, nnd such election is to be conducted in tlm same manner as those of members of County Councils and Road Hoards, with the proviso that each ratepayer shail have only one vote, although his name may appear on more than one Road Board or County roll. With this proviso, the rolls of the Borough or Council sJiall be used for the purpose of the elections. The elections shall be held annually, and vacancies occurring during a current year are to bo filled up by the Governor. Three shall form a quorum, and a committee may continue to act as long as a quorum exists. Any person may be appointed or elected to more committees than one. .Generally speaking, the powers and duties of the Licensing Committees are equivalent to those of the present nominee Licensing - Courts.

Passing over tor the present the provision of the Act affecting holders of licenses granted thereunder, we now come to that portion of the Act in which the principle of local option regarding new licenses is embodied. Section 45 of the Act provides that " From and afu-r the commencement of this Act no new publican's .New Zealand wine, accommodation, or bottle license

shall be granted until tho ratepayers shall have previously determined in manner hereinafter provided, whether the number of such licenses may or may not respectively be increased." The succeeding sections specify the manner in which the dcci&iun of the ratepayers shall be arrived at. The Chairman ot the Licensing Committee is to conduct the poll, which is to be taken "on some convenient day in the year one thousand eight hundred and eighty-two, and thereafter in the same month in every third year." The roll is to be the same as that used in the election of the committi es. The form of ballot paper is prescribed, and it enables the voter to answer the question as to the increase of each kind of license in the affirmative or negative. An elector is not bound to vote for or against all kinds of licenses inglobo. He may vote for an increase of publican's, and aga ; nst bottle, or accomodation licenses, or vice versa. His declining to vote as to one class does not invalidate his vote as to another description of license. The decision of the ratepayers against the issue of any fu ther licenses is final. If on the other hand, they decide that tho licenses may be increased, the Licensing Committee may use their discretion as to granting or refusing applications.

Such is a brief outlime of those portions of the new Act which contain the provisions most at variance with the law as it at present exists. At some future time we hope to be able to give some further details as to a host of other provisions affecting licensees, clubs, etc. Meanwhile it will be well for the ratepayers to remember that a new responsibility has been thrust upon them, and to come to some determination as to the intelligent and thoughtful exercise of the powers with which they are invested.