PROVISIONS OF THE BILL.

Press, Volume LXIII, Issue 19153, 9 November 1927, Page 11

PROVISIONS OF THE BILL.

MODIFICATIONS AND ADDITIONS. COMMITTEES GIVEN WIDER TOWERS. [TEE PBE9S Special Service.] "WELLINGTON, November 8. The elimination of the State Control issue, tho holding of licensing polls At every alternate General Eloction, the issue to bo decided by ft 5T> per cent, majority, and provision for taking polls on the question of national Restoration if Prohibition has been carried, aro the principal features of tho Licensing Act Amendment Bill, which was read a first time in the House of tives to-dav.

The Bill also seeks to strengthen the authority of the Licensing Committees with regard to the provision of accommodation in hotels, and in requiring licensees to carry out' repairs, additions, or alterations in the buildings and furnishings used by them'in their business. Provision is also made for the taking of special polls in regard to the granting of licenses to hotels which, owing to changes in the electoral boundaries, are transferred back to a licensed electorate. According to the Bill the liquor poll will bo taken in conjunction with tho General Election next year, and thereafter at every alternate General Election. the provision in tl.e principal Act with regard to not taking into account elections held before Parliament has been in existence for two years is Tecnacted.

Prohibition and Restoration. Should national Prohibition he carried by the required majority of fiftytive per wilt, of the •voters it will coiug into force on June 30th of the year following the poll. The first restoration poll will bo taken at the next General Election at which a licensing poll would have been taken had Prohibition not been carried, that is, provided the political situation does not require a General Election within a shorter period than the usual life of Parliament, roughly six years later. The question of the continuance of Prohibition or of Restoration will be submitted thereafter at each alternate General Election. Restoration will be decided on the same fifty-five per cent, majority as Prohibition, and if carried shall come into operation three months after the date of the General Election concerned. In the went of national Restoration Licensing Committees are to be appointed for each district, and they are to have power to grant licenses, preference being given to applications from the holders of licenses at the time of the coming into force of Prohibition. The number of licenses granted is not to exceed one for every complete five hundred electors in the district, and not less if a sufficient number is applied for thajp one for every complete thousand of electors.

The Bill provides the usual machinery for challenging the accuracy of a Restoration poll by means of a magisterial recount.

If a hotel is transferred to a nolicense area by reason of a change in the electoral boundaries and thereby loses its license and is subsequently transferred back to a licensed area owing to another change in the boundaries, the question as to whether the license shall be restored will be one for the people in the electorate concerned. The Bill suggests that on a petition of not less than 10 per cent, of the electors a poll shall be taken to_ decide whether the Licensing Committee shall be empowered to restore the right to sell liquor, the issue being decided on a bare majority. Such polls are to be taken simultaneously with the national licensing polls. In the miscellaneous clauses of the Bill, the provision with regard to the selling of liquor by apothecaries, chemists, or druggists is strengthened by restricting the right to pharmaceutical chemisls registered under the Pharmacy "Act, 1908.

Private Bars. The Bill defines a private bar as any bar other than a public bar, and includes any part of licensed premises which is principally or exclusively used fV)r the sale, supply, or consumption of intoxicating liquor. Licenses granted or renewed subsequent to the passing of the Bill will authorise the use of one public bar and. at the discretion of the Licensing Committee, one or more private bars for the privilege of conducting which licensees will be required to pay an additional fee of ten pounds for each bar. Under the existing legislation it is ail offence to print or distribute within three days of the poll any indication to voters of the manner in which they should record their votes, but it is not an offence to exhibit any such direction: This anomaly in the Act is to bo removed by a short clause in the Bill. Several clauses in the Bill deal with the State of licensed premises. It is provided that except with respect to existing licensed premises no license shall be granted for any hotel in a borough or over 10,000 inhabitants unless the building contains at least twenty rooms for the accommodation of guests in addition to those require'.} by the family and staff. Wide powers are to be given to the Licensing Committee with regard to requiring licensees to make repairs, alterations, and additions io their hotels. The Bill suggests that in its discretion the committee may make the grant or renewal of a license subject to the condition that the licensee mako such additions, repairs, or alterations to the premises or furnishings as it thinks fit.

Wine and Wholesale Licenses. If the Bill passes, the holders of wirie licenses will be required to keep order on their premises in the sanie manner as is required of the holders of publicans' licenses. The restrictions on the transfer ot wholesale licenses are to be removed, but authority is to be given to the inspectors in licensed districts to lodge objections to the grant or renewal of wholesale licenses.

Liquor at Cabarets. The Bill tempers to some degree the liability which devolves upon licensees for breaches of the Licensing Act committed on their premises. It will be a defence if the licensee proves that the offence was committed without his knowledge, acquiescence, or connivance. and that he took all reasonably practicable measures bv way of personal supervision or otherwise to prevent the commission of the offence. With this proviso, the act or default of a servant or agent of the licensee is to be deemed the act or default of the licensee himself. It is proposed that superintendents of police, or officers in charge of police districts, may authorise the sale of liquor with meals in a hotel up to 10 o'clock on the occasion of any banquet promoted by any society or association of persons, but the right to have this privilege is to be restricted to once in six months in respect of any particular association, etc. As the law now stands the extension may he granted only up to 8 o'clock. The right to hire rooms in hotels by societies and restrict the right of admission is to be removed. ' 'Booking a Boom." The after-hour*' expedient ot obtaining a drink by "boosing a room,** the

entry in the lodger's book being expunged after the thirst is satiated, will bo attended by some risks if another clause in the Bill is made law. It will be an offence punishable bv a fine of £lO if any person supplies false information for insertion in the hook or for putting in a false entry. It is intended to issue regulations governing the keeping of the lodgers' book. It is proposed to include in those who may be employed in and about bars the mother or the approved housekeeper of the licensee if he is a widower or unmarried.