WAR REGULATIONS
if. VERY DRASTIC RULES NO TREATING AFTER THIS WEEK SLY GROG-SELLING AND OTHER EVILS STATEMENT BY ATTORNEY-GENERAL After the hotels close at 10 o'clock on Saturday night, it will he unlawful for any person to buy a drink for any other person in any licensed publichouso. or chartered club. Regulations under the War Regulations Act of last session wero gazetted yesterday, and they are to come into force on Monday next, August 28. A statement explaining _ in plain language what the regulations mean was made yesterday to a Dominionreporter by the Attorney-General (the Hon. A. L. Herdman). ■ "The public will have no difficulty in understanding the regulations," said Mr. Herdman. ' 'They relate: "(a) To 'treating.' "(b) To sir grog-selling. "(c) To the supply of drink to women. "(d) To prostitution. No More "Shouting." "The regulations dealing with the subject of 'treating' will probably arouse tho greatest interest. The general effect of the regulations is, with slight exceptions, to make it unlawful for anyone to purchaso liquor on licensed premises for consumption by anyone elso on or about licensed premises. If a person wants liquor, he must purchase it himself and not depend upon the generosity cf someone else for his entertainment. There are exceptions to this general regulation. A person may purchase liquor for another as part of a meal, and a Boarder or a bona-fide resident on licensed premises may 'treat' another person, but. not in a bar. It should be noted that 'licensed premises' include' a chartered club, and that a bar includes a private bar or any part of licensed premises which is principally or exclusively used for the sale, supply, or consumption of intoxicating liquor. The term 'licensed premises' also includes a place where liquor is sold pursuant to a conditional license, and the term 'bar' will cover the room which is known as the bottlo store or bottlo department on licensed premises, if such room is principally or exclusively used for the sale of liquor. "*■ "Not only is tho person who treats liable under tlio regulations, l>ut tho person who is treated is also liable, and the licensee or bar attendant who knowingly sells liquor in respect of which an'off once lias been committed is likewigf liable to be punished under the regulations. Sales to Women Rostrictcd. "The supply of drink to women in hotels is dealt with by a regulation which provides that no woman (other than tho licensee, or a servant of tho licensee, or a member of the licensee's family) sliall at any time after six o'clock in tho evening enter or remain in the bar of any licensed premises or loiter about the entrance to any such bar. Sly Crog-Sslling. "Tho sly grog-seller is dealt with in Regulation 14, which provides that a. constable may without a warrant enter any premises, whotlicr licensed premises or not, upon which he reasonably suspects that an offence against tho provisions of the Licensing Act or against the war regulations has been or is about to be committed. Houses of 111-Fame. "The regulations dealing with 'houses of ill-fame' are, I think, comprehensive. The diffioulty that has existed in regard to what are known as 'one-woman brothels' has been overcome by providing that a 'houso of illfamo' means any premises used for tho purpose of prostitution, whether by one woman or by more than one. "Under these regulations the following persons are liable: — "(I) The persona who keep, manage, occupy, or reside in a house of illfame, or who act or assist in the keeping or management of the house. "(2) The persons who permit premises to be used as a house of ill-fame. "(3) The lessor, landlord, or agent of tho lessor or landlord who lets a house with knowledge or with reasonable ground of suspicion that it is to bo used as a house of ill-fame. "(4) Women who loiter in a 'public place' as defined in the Police Offences Act, for purposes of prostitution. "(5) Male .persons over tho age of 15 years who live wholly or in part upon the earnings of a prostitute. _ "The regulations provido that a Justice of the Porco may issue a warrant to a police officer not below tho rank of sergeant to enter premises fur the purpose of detecting breaches of this .regulation, but such police officer when bo makes his search must bo accompanied by another police officer. This regulation has been framed so as to ensure that thero shall not be any unwarrantable interference by the police with respectable members of the community. / Warning off Undesirables. , "'A further regulation provides that tho Commissioner of Police may make an order prohibiting a ■person convicted under tlieso regulations relating to houses of ill-fame from residing at any time within six months after tho date of the conviction within 50 miles of a placo named in the order. Drastic, But Necessary. "The regulations, which, by the way, commence to operate on August 28, may appear to be drastic, but Parliament has in effect declared that they are necessary at the present time, and they must he obeyed. I expect the licensees of hotels, and those responsible for tho conduct of chartered clubs, and the public generally, to support tho authorities in their efforts to administer tho law. Tho police will ho specially instructed to endeavour to detect breaches of the law, and every effort will be made to sec that it is strictly obeyed. The penalty for a breach of the regulations is a fine not exceeding £103, or imprisonment for a term not exceeding twelve months. "Other regulations which will empower thfi police authorities to summon offending licensees of hotels to appear before licensing Committees to answer allegations of misconduct are boing prepared and will bo gazetted shortly." THE ANTI-SHOUTING DECREE. REGULATIONS IN DETAIL. Following is the full text of the regulations prohibiting the practice of "treating":— 1. In these regulations, "licensed premises" means premises in respect of which a publican's or an accommodation license is in force under the Licensing Act, 1908; and includos the premises of a chartered club under that Act, and also auy placo in which intoxicating liquor may bo sold in pur-, suanco of a conditional licenso ui'der that Act. "Licensee" means the holder of any such license, and includes the secretary of any such chartered club. "Bar" means a public or private ibar on licensed premises; and includes
any part of such premises which is principally or exclusively used for tho sale, supply, or consumption of intoxicating liquoi. "Bur-attendant" means auy person employed or serving in any capacity in a bar, other than tho licensee.
2. The following acts arc bireby declared to amount to treating within the, meaning and for tho purposes of the War Regulations Amendment Act, 1816, and these regulations—(l) The act of any person who directly or indirectly (a) pays, or undertakes cr offers to pay; or (h) gives or lends, or offers or undertakes lo give or lend money with which to pay for any intoxicating liquor sold or to bo sold on licensed premises for consumption oil or about those premises' by any person other than tile person first mentioned. (2) Tho act of any person who purchases intoxicating liquor on licensed premises, and invites or permits any other person to consume that liquor on or about those premises. (3) Tho act of any person who on licensed (-ionises purchases or offers to purchase intoxicating liquor with intent ihat it !-ball be consumed on or about tlio.se premises by any other person. (4) Any other act done by any person with intent that any other person sha'l consume on or about licensed premises any intoxicating liquor other than liquor purchased and paid for by the consumer with his own money. Money lent or given to any person upon licenwd premises, or lent or given to him elsewhere with intent that it *hall be spent in tile purchase of intoxicating liquor, shall, for the purposes of these regulations, bo deemed not to le l-"'s own money. 8. Every person who does any act which amouuts to treating commits an offence against these regulations. 4. Every person who on or about licensed premises receives or consumes intoxicating liquor in' respect of which an offenco against these regulations has been committed by any other person shall himself be guilty of an offenco against these regulations. 0. Every licensee, bar attendant, or servant of a licensee who knowingly sells, supplies, or receives payment for any intoxicating liquor in respect of which an offencc against these regulations has been or is intended to bo committed by any other person shall liimsejf be guilty of an offence against ttiose regulations. 6. Every licensee or bar attendant who permits the commission on the licensed premises of any offence against tliese regulations shall himself ho guifty of an oti'ence against these regulations. 7. Every licensee on whose licensed promises any offence is committed against these regulations shall bo deomo<l to have permitted that offence, and shall bo liable accordingly, unless ho proves that it was committed without his knowledge, or connivanca', and that ho took all reasonably practical measures by way of personal supervision or otherwise to prevent tho commission of offences against these regulations. 8. (1) Every bar attendant, other than a member of tho family of tho liccnseo, who is convicted of an offenco against these regulations shall be disqualified for the period of- six months thereafter from being employed or serving in any capacity in or about tho same or any other licensed premises. (2) If any person while so disqualified is employed or serves in any capacity in or about any licensed premises he shall bo guilty of an offencc against theso regulations. 9. If in any prosecution for an offence against these regulations the ov'idenco produced by the informant or tho facts as aumitted are sufficient to constitute a reasonable causo of suspicion iJTiat the. defendant is guilty of the offence charged, the burdou of proving that the offenco was not comnuttSu shall iio upon the defendant. 10. For the purposes , of these regulations the supply of intoxicating liquor for a pecuniary considerarioiT'On the premises of a chartered club under th'o Licensing Act, 1908, shall be deemed to bo a sale of such liquor. 11. (1) Nothing in tho foregoing regulations shall apply fo fife supply or consumption of intoxicating liquor as part of a meal served and consumed upon the licensed premises elsewhere than in a bar thereof. (2) "Meal" means a meal served not earlier than aoon and not. less substantial than aa ordinary midday meal. 12. Nothing in tho foregoing regulations shall apply to any act of treating on licpnsed premises (elsewhere than in a bar thereof) by a boarder or other person bona fide resident on those premises. 13. No woman, (other than the licensee, or a servant of the licensee, or a member of tho licensee's family) shall at auy time after' six o'clock in the evening enter or remain in the bar of any licensed premises or loiter about the entrance to any such bar. 14. (1) Every constablo may at all times by day or night, and on any day of tho week, enter without warrant—(a) Any licensed premises; or Th) any premises on which ho reasonably suspects that any offenco against these regulations or against the provisions of the Licensing Act, 1908,' relative lo tho sale of intoxicating liquor by unlicensed persons, has been or is about to bo committed —and may search the said premises and every part thereof, and may seize any intoxicating liquor found on any premises bo other than licensed premises. . (2) Every person who resists or obstructs a constable in the exer« cise of the. powers so conferred upon lilm, or who fails or refuses lo afford to a constable immediate entranco to any such promises or to any part thereof, shall be guilty of pn offence against these regulations, and shall be liable accordingly. HOUSES OF ILL-FAME. LESSOR, AGENT, AND LANDLORD MADE RESPONSIBLE. Following is tho loxt of other regulations designed to suppress prostitution: 1. (1) In theso regulations "house of ill-famo" means any premises used for tho purposes of prostitution, whether by one woman or by more than one: "Public place" has the same meaning as in Part II of tho Police Offences Act, 1908. (2) When different parts of a building are in separate occupation, each such part shall be deemed to be separate premises within tho meaning of these regulations. 2. (1) The following persons shall bo guilty of offences against theso regulations, and shall bo liable accordingly: (a) Every person who keeps, manages, ocoupies, or resides in a house of illfamo or who acts or assists in tho keeping or management of any such house; (b) every person who permits any premises to bo used as a house of ill-fame; (c) every person who, being the lessor or landlord of any premises or the agent of such lessor or landlord, lots the same or any part thereof knowing or having reasonable grounds of suspicion that the same or any part thereof is to be used as a houso of ill-fame, or permits the continued occupation of any premises knowing or having reasonable grounds of suspicion that, tho same or any part thereof is used as a houso of ill-fame; (d) every woman who loiters ill a public place for tho purposes of prostitution; (e) every male person over the ago of fifteen years who lives, whether wholly or in part, upon tho earnings of a prostitute. (2) Every male person over the ago of fifteen years who habitually lives or consorts with a. prostitute shall he deemed lo bo living upon the earnings of that prostitute unless ho proves tho contrary. 3. (1) A Justice of the Peace, if satisfied that there nro reasonable grounds', fbr suspecting that any building or nart of a building is a bouse of illfame, may issue a warrant authorising j
an oflicer of polico named in the warrant and not below tho rank of sergeant to enter that, building and searcli the same and every part thereof. (2) The officer to whom such a warrant has been issued may at any time, whether by day or night, and on any day of the week, if accompanied by another officer of police, enter the building to wliich the warrant relates and search tho same and every part thereof. (3) Every person who obstructs or resists an oflicer of pclicc while acting or assisting in the execution,of any such warrant, nr who fails, or refuses to afford to flny such officer of police immediate entrance u> the building in respect of which the warrant has been issued or to any part of that building, shall bo guilty of an °i Ji°l a ? ainsfc tl,cso regulations M-d shall be liable accordingly, and in case of any such obstruction, resistance, failure, or refusal the warrant may be executed by force. (4) Nothing in this regulation shall be so construed as to restrict, affect, or tako awty tho general power of entry and search in pursuance of the warrant r-f a m'litary authority which is conferred by the ? r c S"lations of November 13, 1914. c Wllen any P erson > s convicted or an offence against clause 2 of these regulatidns, the Commissioner of Police may at any time thereafter make an order in writing prohibiting that person from residing or being psesent, at any time within sis months after tn<\ date of the conviction, within fifty miles of a place to be --pecified in tile order. (2) Every such order shall take ejloct on the expiration of seven days after the day on which tho order has been served on or otherwise broi'pht to the knowledge of- the pcr.snn against whom it is made. (3) Evnry person who disobeys any order so made by the Commissioner of Police sl'ail be £iiilty of an offence acainst these regulations, and shall be liable accordingly. (I) The pendency of an appeal from any such conviction shall not. suspend the'operation of any such order, excent so far as the Commissioner nf Police <-v a Magistrate may otherwise from time to timo direct. Venereal Disease. It will be noted that the regulations do not refer'in anv w.iv to vtiif.rfal disease. Tho Minister of Public Heslth stated yesterday that he then-lit that nil the police powers that woul-1 lie necessary for ln s poliotiio were m rlio regulations, for ,;indcr tbefn the jiol'Ve would have, sufficient powers to apprehend persons likelj *o bo while--.;; io disseminators of disease. , His picposals for the detention of prisoifers, and for the treatment of persons si tf<-ring from venereal disease were all provided for in Acts already on the Statute Prole, the Prisoners' Detention Act of 1915. and by Clause 19 of the Hospitals and Charitable Institutions Amendment Act of 1913. A scheme to givo cffect to his proposals was under the consideration of the Department, and money had been voted on the. Estimates to provide the Department with the reoessarv funds. .
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Dominion, Volume 9, Issue 2857, 23 August 1916, Page 6
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2,857WAR REGULATIONS Dominion, Volume 9, Issue 2857, 23 August 1916, Page 6
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