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THE Grey River Argus. PUBLISHED DAILY FRIDAY, DECEMBER 4, 1874.

The -Licensing. Cowl, vmder the new Act of last session, aits to-day for hearing and deciding applications for licenses and transfers. The action of the License Commissioners at their sitting under the old, or what is better known as "Fox's Act," whilst generally satisfactory to the public was, however, marked by' some strange inconsistencies* Licenses were renewed which mighb properly have been suspended . or refused, and other applications to which. .no valid objection. could be j raised were refused. .We ascribe this inconsistency to. the absence of any definite ' principle _by which to regulate the decisions of tfie Court. Although the power of granting or refusing licenses is entirely vested in the Licensing Court, some rule of action beyond that of mere personal j opinion should be adopted. The Court, may for instance consider that a particular , public house is not required, and, acting j on that opinion, refuse to issue a license, \ but we question if the Act itself intends j that this arbitrary selection shall be made. j The law is bo enable public house licenses to be issued, not to prevent them, and! we hold that so long; as the requirements! of the Act as to proper accommodation and the character of the applicant are ; satisfied, the question as to whether the, house is required or not is one entirely! i for the applicant to consider— it is not for' the Court. And so with regard to the; renewal of existing licenses — they should, be renewed as a matter of course, unless something is shown that the house or the applicant is unfit. As to the spirit andj intention of the Acfc, we quote a few extracts from the speech of the Hon- Mx Yogel on the second reading of the Licensing Bill last session,, as they will afford some idea of the system upon which the Licensing Court ought to act:—; "It appeared to him that the direction of all legislation of that nature should be to encourage the investment of a considerable amount of capital in houses of a superior description.?' " When publicans carried on their . business without any complaints as to their character, they should not be subjected to obnoxious examinations, but should be permitted to carry on their business. It-was^provided, therefore, that unless it, was shown that there was something against : the character of a publican, or his house, it should be looked upon as a matter of course that his license should ; be renewed at the end of the year." . "The intention which should be more clearly brought out, was that piiblicans Bhould not be obliged to unnecessarily attend the Licensing Court. The Court however, should have full liberty of dealing with all -houses ; but in- cases where houses .were not objected to prior to the Bitting of the Court, but concerning which the Court considered there were objections, there should be an adjournment, so that timely notice might be given ; to the person occupying the house." Obviously the plain course for the Court is simply to take care that licenses are not issued to improper persons, or to houses whose accommodation is defective, and if this is adhered to no dissatisfaction can ensue.. One great and beneiioial

change in the law 19 that complaints, against an applicant or his house must; be substantiated on oath, thus taking away the mischievous and dangerous power which formerly was placed in the hands of the police, of making vague and general charges without proof. Policemen are but mortals, they have their likes and dislikes, and the temptation to damage an unfriendly publican was made doubly tempting by the impunity with which charges could be brought against him. TJ'he advantages of a peripatetic Ministry have again beeif exhibited by the repetition of the blunder made some months ago in not renewing the proclamation of the prorogation of Parliament, thus rendering it necessary that the forms of o'peuing the General Assembly have had tjo be gone through, and'the solemn farce perpetrated of some half-dozen members Bitting from (lay to day until the new Governor can issue a fresh proclamation. We may explain that although Parliament only sits usually once a year for the despatch of business, it is only prorogued: from time to time at short dates, ,so that should necessity arise for its earlier meet- - iiig it could do so. The last prorogation expired on Wednesday, but^ although the same oversight was "committed whilst the Governor was in .Dunedin some six or seven months age, nobody seemed to xeiiiember it, and the. result ws as the telegrams inform us. Of course what else but muddle can occur when the Premier is on his way to England, the Colonial Secretary and the Commissioner of Customs at ■• Auckland, and another. Minister- at Napier. Only recently it 'was: : that. jan ..important; A.cti—the Abolition, of Imprisonment for; Debt Act —was a dead letter for want of the'regulations which: theTGoyernor in Council had, to issue under that Act, but which had ; been 'entirely overlooked. , -Little f things "like, these .gp.-to show that the "administratibh of the prdiiia'ry: business : of ; 1 the hG6y'ernmen tis lamentablycarelessjandinefficient.. Such blunders neyer occurred in; Mr Stafford's time, but then Mr Staffbrd stuck to his duties; and.xiidn't; gallivant about, the Colony and>leave the offices to manage themselves; ' „. ■ < •■•: < I

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/GRA18741204.2.9

Bibliographic details

Grey River Argus, Volume XV, Issue 1975, 4 December 1874, Page 2

Word Count
892

THE Grey River Argus. PUBLISHED DAILY FRIDAY, DECEMBER 4, 1874. Grey River Argus, Volume XV, Issue 1975, 4 December 1874, Page 2

THE Grey River Argus. PUBLISHED DAILY FRIDAY, DECEMBER 4, 1874. Grey River Argus, Volume XV, Issue 1975, 4 December 1874, Page 2

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