LICENSING ACT.

Gisborne Times, Volume XVII, Issue 1365, 28 January 1905, Page 2

LICENSING ACT.

IMPORTANT QUESTIONS. (Per Press Association.) Wellington, last night. The Government have received an opinion from ita law''offioers in regard (1) To section 42 of the Licensing Act Amendment Act of last session, dealing with persons found on licensed premises during prohibited hours ; (2) As to the closing of licensed premises and the true legal meaning thereof, as expressed in the Bill ; and (3) In respect of the inspection and closing of clubs during prohibited hours. With reference to persons found on licensed premises during prohibited hours in the opinion of the law officers the powers conferred are so wide that it is rendered essential that they should be exercised with intelligence and discretion, otherwise the law becomes a means of oppression. The section corresponds to section 25 of the Imperial Licensing Act, 1872,.which has been in operation in England for thirty-three years, and which has worked well and satisfaetcrily there. It is considered that the same results would follow in New Zealand. The question is purely one of administration. It appears, in the opinion of the law oficers.that from several Now Zealand cases the police do not always understand the law and their duty in administering it. They appear to think that wherever a person is found on licensed premises after closing hours there should be a prosecution. That is not so. Anyone so found is liable to be prosecuted, oven an inmate, servant, lodger or doctor attending a lodger, but it by no means follows that it is the duty of the police to talco proceedings in every case,. .They should in each case ascertain tie facts as far as possible, and prosecute oniy when they have reason to believe a person is there in contravention of the Licsnsing Act in respect of closing. Sptaking broadly it means that such a contravmtion would be to supply liquor, play biliards, or any other unlawful game at sue! prohibited hour.

In respect to the closing of heenssl premises, the opinion has been giver that premises are closed within the meanng of tho Licensing Act if they are closed br the sale of liquor with tho closing of tte bar or liquor selling portions, notwithstanding that the doors are left open in order that iomatos or other persons may have iccess thereto. This opinion is supported ly Mr Justice Edwards in tho case of Prole v. Ely. It is also considered that whilst the liquor-selling portions of the protases are so closed, any suoh person, as, for instance, a bona fide traveller, tnsy lawfully be sup plied with food and liquid refreshments other than intoxicating liquor. Che exeeption as to liquor does uot apply to a lodger under sub section 5 of section 22 of the Alcoholic Liquors Sale Control Act Amendment Act 1895.

Regarding the third question raised in reference to clubs, the Attorney-General has expressed the opinion that the police merely as police have no statutory authority to enter and inspect chartered clubs. The right of entry is given to an “ inspector,” which means an inspector of licensed premises, and not an inspoctor of police or oonstnble. By section 184 of the Licensing Act 1881, the right of an inspoctor of police or constable to enter is confined to licensed premises, or premises in respect to which an occasional license is in force, and has no reference or application to chartered dubs. The inspection of chartered clubs is provided for by section 27 of the Alcoholic Liquors Sale Control Act 1893, which makes them subject to inspection by any person appointed in that behalf from time to time in writing by the Colonial Secretary. These inspectors arc the only persons who have a statutory right to inspect chartered clubs under the provisions of the licensing laws, and it is provided by the same section that each inspector of tho Now Zealand police force has been appointed au inspector of chartered clubs by tho Colonial Secretary.