LICENSING LEGISLATION.

Gisborne Times, Volume X, Issue 1027, 21 October 1903, Page 3

LICENSING LEGISLATION.

THE AMENDMENT BILL. SOME REMARKABLE PROVISIONS

(By Telegraph.) Wellington, last night. A copy of tho Licensing Amendment Bill is forwarded by tho Premier. The first portion of the measure deals with the manner in which the poll shall bo taken, and the conditions to be observed by the returning officer of each district; also the form of tho voting paper. A voting paper shall not be rejected as informal merely on the ground of the imporfecticn of the mark of tho voter if ho has made it obvious how ho intended to vote. POLL DECLARED VOID. In this connection the Bill states whore any licensing poll tukeri after the passing of this Act is on inquiry, under paragraph 9 of sub section 7 ot the amendment Act, declared void, u fresh poll shall forthwith be taken in the manner prescrihed by the amendment Act in the case of a licensing poll in a district in which no electoral poll is taken.

UNLAWFUL POSSESSION OF LIQUOR. 1. Whore tho electors of any district have duly determined in manner proscribed by tho Licensing Acts that no licenses are to be grantod therein, and so long as pursuant to suoh determination no licenses are in force therein, it shall not bo lawful except as hereinafter provided, for any person in that district to have any liquor in bis possession after one month from tho dato when such determination comes into forco. 2. Every person in whose possession any liquor is found contrary to this soction is liable to a fiua not exceeding JJ2O, and all liquor so found, together with the receptacles wherein tho same is contained, shall be forfeited, and tho Minister may direct also that the liquor so forfeited shall be handed over to tho Hospital Board or to the trustees of the hospital in the district where tho liquor was found, for tho use und benefit of the patients, or that tho same be sold, the proecods to be paid to the said Hospital Board or trustees. WINE FOR RELIGIOUS PURPOSES 1. Nothing therein shall prevent any person having in his possession any wine for religious purpoaos or any liquor for any modicial, soientifio, or manufacturing purposes, provided that the sale and storage of any such wino or other liquors shall be subjeot to suoh conditions as tho Government by regulations thinks fit to impose. TRIENNIAL OR SEXENNIAL. 1. On the taking of the licensing poll next, after the passing of this Act, there shall also be submitted fur the determination of the electors the question whether a « licensing poll shall be taken ut overy suo ceeding electoral poll. 2. The voting papers on such questions shall be in the form numbored. ' 3. In the first scnedule hereto and shall be different in color to the voting papers for the licensing poll and to tho ballot paper for the electoral poll. 3. All tho provision of the Licensing - Acts relating to the licensing polling shall mututis mutandis apply to tho poll taken under this section, save that such question Bhail be determined by a majority of the valid votes recorded at tho poll.' LIUENSES WHERE POPULATION HAS INCREASED. Section 5 of the Alcoholic Liquors Sale Control Act, 1893, relating to the grant of licenses where population has increased Bhall be construed subject to toe following conditions(a) The Governor’s Order-in-Council .shall not be made unless he is satisfied that the population of the riding of the county to which the proposed Order-in-Counoil relates has increased by at least 700 persons ; (b) the Licensing Oommitteo shall not grant the licenses unless a majority of tho adult residents within a radius of two miles from the site of the premises proposed to be licensed consent to the grant; (o) sueh consent may be given either by petition in support of the license or by vote at the poll; (d) the signature to the petition shall be verified by statutory declaration, but the declaration Bbail be exempt from stamp duty; (o) the poll may bo taken in the same manner as in the case of a proposal to raise a special loan. SECTIONS REPEALED. 1. Sections 1,5, 6,8, and 12 of the Amendment Act are hereby repealed. 2. Pact one of the Amendment Act shall be read Bublect to the foregoing provisions of this Act, and miscellaneous amendments of the licensing law, LICENSING COMMITTEES. With respeot to the licensing committee of each district the following provisions shall apply:—(a) In addition to ths magistrate and elected members of the committee, the mayor of every borough and chairman of every county within the licensing district shall be ex officio members of tne committee, and when any such borough or county is partly within one and partly without another licensing district the mayor or chairman of such borough or counoil shall be an ex officio member of such one of those licensing districts as the Governor determines, provided that if any such mayor or chairman is the holder of a publican's license the council of the borough or county of which he is mayor or chairman shall elect one of its members to bo such ex officio member of committee in his stead, (b) Notwithstanding in section 8 of the Alcoholic Liquors Sale Control Act, 1893, any person disqualified by that seotion may be elected and act as a member of the oom.mittee, but shall not act as such member on any question before tho committee directly affecting himself, (c) If the number oS- electivo members of any committee duly elected is less than the number that is required to be eleoted the Governor in Council may appoint such number of fit persons resident in the distriot as will complete the required number ; (d) the eleotive members pf the licensing committee tor each licensing dis.firiot shall be eleoted on the second Monoay in March, 1906, and on the same day in every third year thereafter, and it shall be the duly of the Returning Office to give public notioe of the day for the election not later than the third Monday in J?ebru- ] ary next before every suoh election ; sub? ] section 1 of section 19 of the Amendment Aot is hereby repealed (e) the chairman shall appoint the place for eaoh quarterly meeting of the committee j sub section 6 of seotion 7 of “ Tho Alcoholic Liquors Sale Control Act, 1893,” shall be read ae, cordingly; (f) section 20 of Amendment Act is hereby amended bv tho addition of the following words; ” Provided that it shall not be necessary for chairman and the tv ,a members to be actually present togetiier at one time and place for purpose of jointly exercising any of such powers. All questions of law arising in any proceeding bofore a committee shall bo determined by tho Magistrate ; sub section 2 ol seotkm 21 of the Amendment Act is hereby repealed. CHARACTER OF APPLICANT. Every application for a liconse, whose name is net already in the register of licenses as tho hcldor of a liconse, shall with his application delivor to the clerk of tho Licensing Committee testimonials as to his character and suitability, and such testimonials shall forthwith be forwarded by the clerk to the inspector, who Bhall! report thereon to the Committee. NUMBER OF BARS. 1. In any licensed premises there may be the uumber of bars hereinafter mentioned and no more, that is to sey, where the number of rooms available for public accommonation (exclusive of billiard room, if any) does not exceed 12, ono bar; where tho numbor of rooms exceeds 12 but does not exceed 30, two bars ; whore such number exceeds 30, three bars. 2. For every nbar exceeding one, there shali be payable by the licensee a fee of ;£5, 3. For the purposes of this section “ bar " means any room, compartment, or place in -any licensed premises wherein the public may enter and purchase liquor. BOTTLE LICENSES. From and alfcor the 30th day of 3uno, 1904, no bottlo license shall bo granted or renewed, and all oxistiDg bottle lioenses shall bo cancelled. ENDORSEMENTS AND CONVICTIONS. With respect to the recording or enjtorßing of convictions on licenses, the fol-

lowing provisions shall apply, anything in the Licensing Acts to the contrary not withstanding: A. In every case where under the Licensing Acts it is directed that a conviction shall be recorded or endorsed on a license, tho convicting Court shall have a discretion to record or endorse or not to record or endorse the conviction as the Court thinks fit. B. Every record or endorsement made before the passing of this Act on any license shall lapse, and be deemed to bo cancelled, if at the expiration of twelvo months from tho date of the conviction so recorded or endorsed another conviction has not been recorded or endorsed on the license, c. Section 22 of the Alcoholic'Liquors Sale Control Act, 1893, relating to endorsement of licenses, is hereby repealed. CANCELLATION OP LICENSES.

Further clauses in rogard to endorsements provide that where three convictions have been recorded against the same person within a period of three years such person’s license shall bo cancelled, and he shall bo disqualified from holding a license for a period of five years from the dato of the third of such endorsements. A similar

record shall be kept against the premises in which the offence was committed, and where a record of three convictions within three years is mado in tho register against tho same premises, whether the conviction was of the same person or not, tho license in respect of such premises shall bo forfeited, and no license shall be granted in respect thereof for a period of two years from the date of the third of such endorsements.

WHOLESALE LICENSES. A wholesale license shall authorise the liconsee to sell and deliver liquor at ono placo only, to be specified in the license, ia quantities of not less than two gallons of tho same description of liquor to be delivered at any one time, such liquor not to bo consumed in or upon the licensee's house or premises, provided that nothing herein shall prevent the holder of a wholesale license from selling or delivering liquor from any bonded warehouse. 2. For the purpose of this section spirits, wine and beer shall be deemed to be different descriptions of liquor one from another. 3. Section 35 of the principal Act is hereby repealed.

LAPSED LICENSES. Where a liconse has lapsed or is refused renewal, the original number of lioenses in the district or any number short thereof Bhall not not be made up by granting a new lioense anywhere beyond the boundary of the borough (if undivided) or beyond the borough if divided into wards, or the riding of the county as the case may be within which licensed premises where situated, provided that in no case shall any license that has lapsed or is refused, renewal be granted as a new license in any borough in respeot of premises situate more than half a mile from original licensed premises and in any county more than one mile from snoh premises.

SUPPLYING BOYS WITH LIQUOR. 1. Every licensed person who supplies or allows to be supplied in his licensed premises by purchase or otherwise to be consumed on the premises any spirits, wine, ale, beer, or porter to any person apparently under the ago of 18 years not being a resident on the premises or a bonafide guest, lodger, or traveller, and every person who actually gives or supplies any such liquor is liable for eaoh offence to a fine not exceeding £5. 2. Every youth who, by falsely representing himself as being of the age of 18 years or upwards, obtains for consumption on the premises any spirits, etc., is liable to a fine not exceeding £lO. 3. Section 166 of the principal Act is hereby repealed.

SENDING CHILDREN TO HOTELSEvery person who sends a child under the ago of 13 yoars to a licensed house for any liquor is liable to a fine not exceeding £lO.

PERSONS POUND ON LICENSED PREMISES.

-.lJyery person found on licensed premises at any time when such premises are required by the principal Act or the “ Alcoholic Liquors Sale Control Act, 1893," to be closed, is liable to a fine not exceeding £2, unless he satifies the Court that he was an inmate, servant, or lodger on such premises, or bona fide traveller, or that otherwise his presence on such premises was not in breach of the provisions of the Licensing Acts with respect to closing licensed premises. POLICE OFFICERS’ POWERS.

Any constable may demand the nam o and address of any person bo found, and if he has reasonable grounds that the name or address given is false may require evidence of the correctness thereof, and may, if such person fails upon such demand to give his name or address or such evidence, the constable shall caution him, and if he still persists in such failure may apprehend him without warrant, and taka him as soon as practicable before a Justice of the Peace, who, if such person gives his correct name and address, may order him to be released on bail. Any person required by a constable under this section to give his name and address who fails to give same, or gives a false name or address, or givesfalse evidence with regard to such name and address, is liable to a fine not exceeding £5. SUPPLYING PROHIBITED

PERSONS. Ip any proceedings under the Licensing Acts against any licensee for selling liquor to prohibited persons, it shall be a sufficient defence if the defendant satisfies the Court that he or, as the case may be, his agent, actually selling liquor did not koow that the person to whom liquor was sold was a prohibited person.

. GAMBLING IN HOTELS. Every licensee who permits or oonnives at gambling or playing of any unlawful game on fa's licensed premises, is liable to a fine not exceeding £lO. DRUNKENNESS ON PREMISES.

Where any person is found drunk in any licensed promies the licensee shall be presumed, until the contrary is proved, to have permitted drunkenness on his premises, and shall bo liable accordingly. ADULTERATION OF LIQUOR.

For the purposes of section 191 of the principal Act, relating to adulteration, the Governor may from time to time declare any ingredient or matorial to be injorious to tho health, and in such case any liquor with whioh such ingredient or material is mixed shall bo deemed to be adulterated, DATE OF PROSECUTIONS.

All prosecutions for breach of any of tho provisions of the Licensing Acts shall be commenced within.pne mouth after the date of breaoh, and not later. NO BONUSES ALLOWED.

It ghal] not be lawful for the owner or landlord of any licensed premises to demand or receive any fine, payment, bonus, premium, or cooaidoration for his consent to any assignment, sub-lease, or transfer of licensed premises or liconse by the licensee. 2. In any case whero any such fine, payment, bonus, premium, or consideration has been paid after the commencement of this Act, then any moneys so paid may be reoovered as a debt from the person receiving the same by the person paying the same. 3. Tho owner or landlord shall not refuse his oonsent as aforesaid to any assignment, sub-lease,.or transfer as aforesaid to any person who has a certificate of fitness to bold a publican’s license, signed' by a magistrate, anything to the contrary in any lease, deed, or document notwithstanding.

CLUBS TO BE INCLUDED. All clubs holding a oharter under section 229 of the principal Act shall bo subject to the provisions of tho Licensing Acts relating to inspection and illicit sales. Where any such club is situate in a licensing district in which for the time being no lioenses exist, whether as a result of a licensing poll nndor this Act or amendment Act, the ohartor of the club shall be suspended for so loDg as the result of such poll com tinues. COMMITTEE CAN CLOSE HOUSES Tho Licensing Committee may from time to time, by certificate, authorise the liconsee tp wholly or partially close his licensed premises or suspend his business as licensee daring any specified period of the year. COMPENSATION FOR IMPROVEMENTS. When improvements exoeed the sum of

£3OOO, and such order is complied with fo the satisfaction of the Committee, tho owner of such premises shall be entitled at of right to a renewal of the license from time to time for a period of six years, unless for reasons previously stated the licenseo has become liable to forfeit. LICENSES IN KING COUNTRY;, In regard to licenses in the King country, and other places known as “ Native licensing areas,” it is- suggested that a Commission shall be elected by the House of Representatives, whose duty it shall lie to inspect the said native licensing areas anti to make enquiry and report to the Governor in respect of each subnative licensing area, whether licensing matters should remain as they are, or whether the sale ol liqhor to Europeans only (meaning thereby all persons other than Maoris) should be permitted in such native licensing area or any defined part thereof under State control. If the report of Commission is that licensing matters should remain as they are such report shall be deemed to be adopted by Parliament. If such report rs that liquor should be sold under State control, the Commission shall indicate in its report the localities where premises should be established for such sale. If the report of the Commitsion is that liquor should be sold, the question whether or not the report shall be adopted shall be submitted to the vote of the European electors within the area defined in the report, in the same manner as if it were a licensing poll, and if not less than three-fifths of the votes recorded are in favor of the adoption of the report, such report shall be deemed to be adopted, but nob otherwise, and effect shalL he given thereto accordingly as ..if the poll were a licensing poll. Pending the report of the Commission or the taking of the poll of electors as aforesaid, section 33 of the Amendment Act shall apply, in the said native licensing areas, subject to the next succeeding section. PERMITS AND TOURISTS.

The Speaker of the House may appoint the premises mentioned in the second schedule heretofore as places at which liquor may be sold to persons travelling who are holders of a permit issued in accordance with the provisions of the Act. The Minister may appoint a manager to any of these premises, or may grant a license to any persons occupying any such premises. The Governor may by Order in Council appoint one or more persons to issue tourist passes. Every Maori, whether male or female, within that area or part shall be deemed to be a prohibited person, and the provisions of the licensing Acts as to supplying liquor to prohibited persons shall apply accordingly, with this addition, that on a conviction under any such provision the penalty shall be (a) For a first offonco, not exceeding twenty pounds not less than five pounds; (b) For a second offence, not exceeding fifty pounds and not less than ten pounds; (c) for a third and every subsequent offenoe, to one month’s imprison ment. The second sohedule, previously referred to, includes Waimangu House, 17 miles from Rotorua; Lake House, Waikaremoana; Pipiriki House; Spa, Hanmer; Glade House, Lake Te Anau. CONDUCT OF POLLS.

The Governor may from time to time by Order in Council gazetted make regulations (a) for the guidance of returning officers, deputy returning officers, poll olerks, and scrutineers respecting the conduct of licensing polls or any poll under this Act, and a copy of all such regulations in force shall bo supplied free of charge to all such persons engaged at any such poll; (b) prescribing forms and whatever else he thinks necessary in order to give effect to this Act. Schedules—First schedule : Voting paper on whether licenses to be granted in the licensing district the question shall licenses be granted in the district ? Yes, no. If the voter desires that licenses shall be granted he must strike out the word 11 No." If he desires that licenses shall not be granted he must strike out the word “ Yes.” If the voter strikes out both or fails to strike out one of the proposals the voting paper will be void. The same method is adopted on the issues as to whether the poll shall be every three or six years.

As commerce and industry become depressed fires increase. It is the duty, as it is the custom, of sound and cautious insurance companies, to make strong reserves in good yoars for the inevitable dangers of bad ones.—New Zealand Herald,

The railway service, we understand, is threatened with reduction of pay, all round—and that by a Government that made a great point of raising wage scales 1 And the Civil Service generally is trembling with apprehension of the pruning knife.—Wairarapa Times. Five brothers named Craig, on Newcastle-on-Tyne, are possessors of the Humane Society’s medal for saving life. iAt Hammerfest, in Norway, there are twenty-eight days of midwinter, on which the sun does not rise above the horizon.