LICENSING BILL.

Dominion, Volume 4, Issue 976, 17 November 1910, Page 7

LICENSING BILL.

1 - CONSIDERED BY LEGISLATIVE I COUNCIL. ■- j IMPORTANT AMENDMENTS. THE MAJORITY QUESTION.^ • ' Til!, Committee on tho Licensing Bill in ■the-Legislative Council yesterday a. number of important fcimendinents moved, by tho Attorney-General.,'who ;said the amendments lie bad,to raovo lind.had the most careful consideration,of.himself and of other legal men-who had expert knowledge in connection with licensing legistlation/ .a' knowiedgo which was in no senso or ,in any way -connected with the ' 'Trade. -.iThere were up .traps of any lcind or anything likely to mislead the Coun- : cil. He would take care that no person .in • ithis .-committee - stage would -. cast t-his vote under a misapprehension. v The Hon. G. J. Smith moved an amendment to 'do. away witli; the three-fifths majority, at licensing polls, and KUbstituto 55 cer cent. - . The Attorney-General /remarked that it ; this, were agreed to the Bill would not. become law this' year. . ••...' ' Oa a-division the' amendment was rejected'bV'2o'to 6. -The Toting was:— Against '.tho 'Amendment'-(2o) .—Dr. Kndlay,.: Macdonald, Cullen, Jenkmson, Eiggr, Beehan,' Gilmer,Baldey, Dr. Collin?, Ormond, Xouglinan, Sir G. M'Lean, Kelly, Anstcy, Jlaior Harris, Thompson, I Wigram;'Mills, Sinclair, .'Samuel. For'the Amendment'(6).—Palil, Barr, Jones, .Captain Tucker, G. J. Smith, \V. ! c. smith. The ; Hon..-, Geo. Joiies said they were t not disheartened by the division that had. just tiken, placed He. believed .that, the -division did not- express the views of the ■ iCouncil-.tb'oroughly. Some members ' had ' ' probably-not voted for - the ; ainendment •because, they thought it would jeopardise the passage of the Bill , through another ■ place. .<;( Cries of. "No.")' . Clause--4 was amended to provido that the local-'-'-no-license. determination"shall . 'como into force oh the day on which the ireturning- officers '- declaration. of. the re-. , 'Bult of;the:poll -is published, instead of ■ -on'the day-the poll is taken. Sub-clause 2' of . Clause which 'deals, with'provisions'where the proposal for no-license is not carried was deleted. This clause-'reads that whenever a license ' is.granted after the taking of a poll iir any district the licensee shall have the right to'an.annual renewal of such license ■ until, {ha. .co.ming into' force of the nest .poll, unless the licenso becomes endorsed in the'-mciintdmo for any breach of 'law ifor. any-Qf the offences, mentioned, in . Section',. 24 bf-.the principal Act. The necessary proyision, .said Or. Findlay, was mode .later, in the Bill. .. -. Lpcal^-Restoration. In l Clause 9, which deals with local restoration, an amendment was introduc- ' ed tovenable a determination for restora- ' tioa to come into force oil the expiration i 'of five months after the day, of the gen-' «ral. election. :on which', the poll is taken, instead/-of• on .the following day. ... . ; . ■ : . Clause 11 was amended'to make it perfectly, cleat that all applicants for licenses ■upon-.-the carrying. of ..local . .restoration mutt.';, cdmply ; -with all the requirements, -of. tho> existing law. ' : 'A new sub-clauso was inserted in |the clause setting out the provisions that are to apply on tho : alteration ..of boundaries of; licensing. districts, in place, .of one ■which;, the Attorney-General ; said did not affect'i,tg purpose. The new clause reads: :If.,the result of a; poll'is that licenses are not to "lx> Restored in the district, the de- ■ termination of the electors shall be deem- : led: to-.s. A: determination ..that ho licenses '■shall be granted in that' district.- . All (licenses', existing , in, the district vat ' the ' Itimc .wjie-nthe poll was taken Bhall, un--Icss sooiier-.'forfeited-"'or determined in dlio cbiirse of law, continue in.force until :the thirtieth, day ■of June.next following ' '.the taking" of. the' p 011,.' and. shall- then lapse.- ... , ,;,.•.. - In mavin",' tho following, new sub-clause 'dealing, with l tho notification of licensing 'polls, Dr. ■ Findlay said it was intended | to prevent the defeat of the poll on purely 'technical. .grounds a the . • A-ttOrhey-•Generali within, fourteen days, after the publication of the'Gazette'notice certifies that ho is satisfied that, n prima facie ■ .ease h'as;bcen.established that irregularities hayo' been .committed in connection with-such poll which might have materi'ally , affected the result of., tho poll, then in ,this , section shall, preclude the demand ' an.^inquiry, as to . the conduct of. the poll,'and, the Court shall . on such inquiry have all .the powers consections- thirty to thirty-six of • tho principal Act, and .the period of fourteen. days, mentioned in' Scction- thirty shall,'if the Attorney-General so certifies, be: extended to' days. The Hon. J; T. Paul moved, .on the clause dealing with tho national prohibition issue,'that the 55 per, cent, majority replace ..the. three-fifths-majority. The national' issue, he-urged,- should be decided "in something mora .equitable than ' the three-fifths'; majority. ; The amendment was rejected ; on the voioes. . 'A similar addition was made, to - the clause bearing on the result of ii poll for : national restoration- as that made in, regard to Clause 15. Amendments wcre'also ' niade,,that .the provisions to apply in tho case of national ..restoration '.apply, asan the case of local restoration. ,It was also provided that no,licensingpoll, shall ;affect-the operations not only of . any.; proclamation relating to. ■ Native land,: but the -provision's of the King - Country-Licenses . Act; - ' NATIONAL PROHIBITION. . Tho -Hon. .G. J. Smith .-moved to add the -words "for sale"-' after the word "manufactured" in Clause 20, Which provides .that during national' prohibition, liquor-is; hot to be sold in Now Zealand. Dr. 'Fihdlay remarked that it Would be •very,undesirable to 'allow, manufacture .it •all when national prohibition' was in force; .. . \ : - .The amendment was .rejected on the Toices...'. 'y Tho; Attorney-General- .said that under Clause.' ; 3l as' it stood, .the .Minister could be coerced, into giving validity to n poll.. The, ciaus'e. was, doulilc-edged, and might be used equally by one side or tho other, but the point was that where irregularities.had been so gross as' to effect the result of a poll, (he Ministor should hot be coerced into validating an invalid poll. To ,meet the difficulty lie-moved a series of amendments, . one being to the effect' . -that another poll shall bo. taken on a date to bo fixed by the-Minister, and t''o determination of tha electors shall' ti~o ■ effect and come into forco as if the poll were pu ordinary Hcen.-iing poll,- also, thtit the same .roll of electors 1 shall bo used as. at the voided poll. The new eub-sections were agreed to.' The sub-clause,'providing that'no prosecutioiV for'.an. offe'neo against the clause covering.'the illegal use of premises as. places,, of resort'for the consumption of intoxicating, liquor shall' bo" commenced without the. consent of. the. AttorneyGeneral was deleted. Dr. Findlay said lie was. satisfied that .the police could, as well judge in cases of tho kind as the Attorney-General. Tho' Locker Systom. An .addition .was' made to • the proviso of Clause 45 (which says that brewery depots are hot to be established within five miles'of a no-license district, and that . nothiiig'-in 'the Act shall apply to a brewer's" ordinary "bottling- warehouse established prior to.the carrying of noilicense in the district ill which such ware.iiouse is' situated),' providing: that this is to apply only so long as that, bottling warehouse is used exclusively as such. The" Attornery-Geucral moved tho following new clause, to obviato any possible doubt or risk in connection with -boundaries:—"The licensing districts of ■ Clutha, Jf.itaura. Invercargill, Ashburfon', Oamaru,' Grey Xynh, Bruce, Wellington Suburbs, Wellington South, Masterton, Ohinemuri, arid Eden, as the said districts respectively are now constituted, Bhall for all purposes bo deemed to be and to have been from the date of the taking of the last , licensing poll no-license districts,. the electors whereof have- fialy , determined in manner prescribed by tho principal Act that no. licenses bo granted therein; and the provisions' of sections six. and. seven. of .this Act shall. apply to each of the said districts."—Agreed to. For tho purpose of making tho law against the locker system more effectivo and stringent, the Allornoy-Gpncral moved new clauses as under:—(l) It shall not he lawful within "any no-license district.

or within any area to which section t\vo hundred and seventy-tlireo of the principal Act is applicable, for any person whomsoever to store or keep honor for any other person* or to lease, let, hire, or permit or sulfbr to be used, any building or place belonging to or nccupicu by him, or in his possession or under Ins control, or anv part of any such building or place, for .the., purpose of storing or keeping therein or thereon any liquor for or.by any other person. (2)^ livery person wiio commits a breach of this section is liable for a first offencci to a'jiuo not exceeding fifty pounds, and for a second or any subsequent offonco to imprisonment for any term not exceeding three mont.is. Ten O'clock Closing. A further amendment was moved by tho Attorney-General, to tho "'"J. J l ' censes .beyond 10 p.m. should not !<. granted. it was tinle this refoim weio made. . ; : y ■' The pi'ODOsal was adoptea. ■ Regulation of .-the .sale of liquor by chemists in no-license areas was wOu h t by another amendment. Dr. Findlaj explained that under the present law theio was nothing to prevent a medical man of Very poorropute from issuing the necessary certificate upon .which a chemist could soli nny n llall^.v p l * der the amendment, which ; ™s acbptejU tho Government would have pouci r "fh'e-Biil was then reported with arnend"ilf moving the tliil'd reading of the Bill, Dr Findlav said ; that every amendment was a .genuine attempt to improve 11 Afte'r tlio Bill was read a third time and passed. This morning at 1 °' cl ?°k,. tho ments made by Uie. Legistahve <:ou:acil in the -Licensing Bill .weio agre.,.l to UJ tlie House of Representatives. accidents and fatalities. V . RAILWAY FOREMAN. KILLED. (By Telegraph —Press Association.) '• Ashburton, November 10. A shocking fatality railway ( yard opposite :th • . . . - aih^Lu ta wn\iam Bicklrrtaff, railway foreman, failed pto obsmo. some,, movjng. in town. ■ •- • . MOTOR-COACH UPSETS. : DRIVER KILLED. . 'Now Plymouth, November 16. • An accident happened near Oakura this morning to a 'motor-coach New Plvmouth and Opunake. lhe din er, Albert Ste'nson, was k'JJed, ml(1 . . '"5 brother seriously injured. The coach had recently been imported by the Co-opei ativo Transport Company for • the cairiago Of- mails and passengers, and Steuson 'cunio out from Home with it. The steering gear gave way while tho coach •wos descending, a-hill, and the vehicle went over a i bank, overturning, and pinning the driver in a and suffocating him. - ' ' DEATH UNDER ..AN ANAESTHETIC. . Masterton, November IC. The infant child of Caroline Parmer, of Mauriceville,. died in Masterton yesterday when under an anaesthetic. At the in-, qiiest to-day a verdict ivas returned that death was duo to failure,of the hearts •' ac^on ' -