Licensing Act

Press, Volume XCV, Issue 28270, 7 May 1957, Page 3

Licensing Act

Sir, —Electors of intellect must wonder why our politicians allow and enforce an antiquated and patched Licensing Act. Breaches of the act always make headline news. Fancy a father and brother of a licensee charged with “being illegally on the premises.” A New Zealander’s home is his castle unless he holds a hotel licence. An Auckland licensee was acquitted, but now faces charges for the same offence under another section. Truly the act is a travesty of the Common Law right of innocence until proved guilty. Is a hotel able to hold a cabaret and serve food without a permit if liquor is not involved?—Yours, etc., B. LOGICAL. [“Section 164 of the Licensing Act, 1908, says: ‘lf any licensed person permits any room or portion of his licensed premises to be used as a dancing, concert or theatrical saloon he shall be liable to forfeit his licence’,” said Chief Inspector E. J. C. Hay, ActingSuperintendent of Police at Christchurch, when this letter was referred to him. Chief Inspector Hay then quoted Section 67 (3) of the Licensing Amendment Act, 1948, and Section 41 (2) of the Licensing Amendment Act, 1953. The former says: “The Licensing Control Commission may from time to time in its discretion exempt the holder of any tourist-house licence from the provisions of Section 164 of the principal act in so far as they relate to dancing, concerts, or theatrical entertainments ...” The section in the 1953 amendment says: “Where at any time before or after the passing of this act a publican’s licence or an accommodation licence has been granted in respect of any accommodation house or guest house or private hotel the Licensing Control Commission may from time to time exempt the holder of the licence from the provisions of Section 164 of the principal act so far as they relate to dancing, concerts or theatrical entertainments if the Commission is satisfied the premises will continue to be used substantially for the accommodation of tourists and no, other facilities in the locality are reasonably available for the enjoyment by the guests of the things to which the exemption relates.”]