LICENSING BILL.

Hokitika Guardian, 4 December 1918, Page 3

LICENSING BILL.

SUMMARY OF PROVISIONS. The Licensing Act Amendment Bill, provides for the taking of a poll on the recommendations of the National Effieioiicv Board in respect of the liquor trade. The Bill consists of 75 clauses, but only about a dozen of them are interesting. The remainder concern only the officers who will have to carry out the poll and anything that may have to be done after the poll. The central proposal is that on a day in April next .there shall be taken a poll for which the two issues on the ballot paper shall bo ns follows: I vote for National Continuance.

I vote for National Prohibition with compensation. New rolls are to be prepared for the poll, and in general the provisions of the Legislature Act as affecting elections are to apply. The penalty for the offence of personation may be a fine not exceeding £SO, or imprisonment for a term not exceeding throe months. AU soldiers, whether in New Zealand or abroad, are to have an opportunity of voting, and the manner of taking the soldiers’ votes is to be prescribed by regulation. The. issue for which the larger number of votes is recorded is to bo deemed to bo. carried, that is to say, the issue will be determined by “bare majority. If the result, of the poll as declared is disputed a recount of the votes may be demanded by application to a magistrate, and the recount is to be made in the presence of a magistrate. If the result of the poll be in favour of national prohibition then prohibition is to come into foreckon Jline 30th fol-

lowing Exception is inside to make it- possible for liquor to be manufactured or sold for medicinal, sacramental, scientific or industrial purposes. The penalty for manufacture or sale of liquor in contravention of the law or for attempting; to commit' such an j offence, or for aiding; or abetting; in the commission of such an oflence, m.u 1,0 a fine not exceeded £IOO for the first offence and to imprisonment for a term not exceeding; three months for a second offence. In the case of the defendant being; a body corporate the penalty for a first offence may he £2OO for the first offence and £IOOO for a second offence. If prohibition is carried no licensing poll shall at any time he taken in any QUESTION. The amount of compensation ispecificallv fixed except that the Mmisfer of Finance is empowered to >- row a sum not exceeding; four millions and a half and -the sums borrowed havinr, been first naid into the Liquov Trade Compensation Account, may be us«l for the payment of compensation to the persons specified as entitled to receive it. and to no others. -Owners of the freehold of hotel premises and lessees of hotel premises, and sub-lessees from a lessee or sub-lessees of hotel premises, but not lessees of sublessees By way of mortgage, are entitled to claim only in respect of depreciation of the value of the estate or interest owned by the claimant in the premises

and land, and of depreciation of tho value of plant and fixtures and fittings in

the premises. Owners of the furniture of hotel premises may claim compensation for depreciation of the value of the furniture.

Hotel licensees are to be entitled to claim in respect of the termination of the trade of the hotel premises, but not in respect- of any other matter. Holders of wholesale licenses are to bo entitled to claim in respect of the termination of • trade"’but for nothing else.

Chartered clubs may be given compensation for loss of the right to sell

alcoholic liquor, but for nothing else.

Winemakers may receive compensation for depreciation of the value of plant, machinery and fittings used bv

the claimant for wine-making within one year previously to the commencement of the Act, and for termination of trade, if the claimant has manufactured wine within one year of the Act..

Malsters and owners of hop kilns in New Zealand may be entitled to compensation for depreciation of buildings plant, and machinery used for these purposes within a year before the commencement of the passing of the Act, anl for termination of trade.

Owners of vineyards, the grapes produced on which have been used wholly for the making of wine within the period of two years before the commencement of the Act, may receive compensation in respect only of the value of tho freehold of the vineyard. Brewers’ servants and hotel servants may receive compensation only in respect of loss of opportunity of occupation. Claims may he made by one person or group of persons in two or nioie capacities, as e.g., when a brewer is also the owner of the hotel premises. Claims for compensation will he heard by a Court of Compensation, to consist of a president, who must he a Stipendiary Magistrate and two assessors, all to be appointed by the Government but it is provided that one of the two assessors must be a person approved by the Government as representing the class of persons entitled to compena-t-ion under the Act-. The Government- may appoint such a number of courts as may be deemed necessary. Every court is to he given full powers to insist upon the production of all evidence, documentary or otherwise, which may be necessary for the determination of the amount of compensation to be paid. No costs are to be allowed by the Court to the claimant or the Crown or to any ot-liei persons or parties. Claims for compensation made by brewers’ servants or hotel servants a»t. to he heard by a Magistrate alone. Holders of stocks of liquor for sale are not to be entitled to compensation on account of stocks which they may so hold. They will be allowed to export their stocks of liquor and receive a refund of Customs duties, hut in order to get back duty paid, they must export within six months after the lapse of their license to sell.

It appears that no private perse* may import liquor for his own consumption, but there is nothing in the Bill making it an offence to retain stocks of .liquor already in his possession v; prohibition cornea into operation. STATE CONTROL ISSUE.

If continuance should he carried at the poll, provision is made for the pubmission of thp. issues of national pmehasc and control of the trade of the people at the next general election, the definition of ’’State purchase ana control” is quite clear and complete. It means that- the Government may ou\ out the whole liquor business of the manufacture and sale of liquor and the premises where the trade is carried on. The ballot paper is to be as follows: I vote for National Continuance. I vote for State Purchase and Control.

I vote for National Prohibition. In order that any proposal may be carried, there must be polled in favour of it more than half the number of votes recorded. If no proposal is cairied then the status quo remains. District no-license is not to be submitted as an issue at the next general election. The local veto is cut out except in no license districts, where the electors are to bo given a vote on the subject of the restoration of licenses or continued prohibition. If National Prohibition should be carried at tb.ifl poll, (at the next general election) it is to come into operation on June 30th next following the date of the election .

In the event of prohibition being carried at this second poll no compensation is to be payable to anybody, and there after no licensing poll is to be taken in any district. If the people should declare for State purchase and control, the Government will appoint a Controller, anl this officer will bv virtue of his appointment be an officer of the Department of Justice. , All licensees are to lapse on the deteiminntion of the poll and liquor will be manufactured and sold only by the Controller and the branch of the Justice Department of which he is head, but the State will not because of the earing of State control, be entitled to extend the trade into no-lieense dis- , tricts. The Minister of Finance is empowt.r- ---] ered to raise the sum of ten millions for the purchase of the trade. After the establishment of State conI trol two issues, prohibition and State I control, will be submitted to the people i ~t subsequent polls to be taken at everj general election.