THE LICENSING BILL

Hokitika Guardian, 13 September 1928, Page 4

THE LICENSING BILL

PROVISIONS OF MEASURE

55 PER CENT MAJORITY

TWO ISSUE BALLOT PAPER. 1 WELLINGTON, Sept. 11, The Licensing Amendment Bill was introduced into the House of Representatives to-night. It is on tile lines of tho measure of last session, providing for a two issue ballot paper, determination of tho question on a 55 per cent.—4s per cent, basis, and tho'holding of licensing polls at alternate General Elections, Alterations, however, have been made with respect to the holding of restoration polls and in other machinery provisions.

Tho Bill provides for a two issue '.ballot paper on Continuance a,ml Prohibition, tho third issue, State Control, having been again deleted, and that Prohibition shall not come into effect unless it is carried by a 55 per cent majority of the valid votes cast. The referendum is to take place at every alternate General Election, hut. a new provision is added with regard to tho national restoration polls. Tile Bill suggests that the first restoration poll shall not be taken until the first General Election after the expiration of fivo years from the date Prohibition was carried.

Tho provisions for giving effect to national restoration are practically the same as last year’s. It is provided that tho number of licenses shall not .exceed one for every complete 590 electors of a district, or less than one for every complete 1500 electors. Last year’s Bill provided for one, for not less than every complete 1000. Restoration shall not come into effect in a former no-licenso district unless tho electors so decree at a special local restoration poll, and even if they carry such a poll, it shall not have effect unless national restoration is carried as well.

In the miscellaneous provisions of the Bill the definition of a private bar has been altered to conform with the. amendment made by tile Lower House last year,’ and a private bar will mean “any part of licensed premises other than a public bar which is principally or exclusively used for the sale, supply, or consumption, of intoxicating liquor.” Last year’s provision giving Licensing CVmunittces authority to decree the number of private bars that may be used is retained. The Bill includes clauses , providing that no consideration either than rent is to be demanded or accepted by an owner of licensed premises in respect of their lease or sale, thus placing a. bail on the payment of goodwill. The question whether or not any amount has been so paid is to ho a question of fact to be determined by tho Court in which any proceedings for its recovery are taken. Restrictions are placed on the transfer of licenses by a provision that the Licensing Committee ipay take into account the consideration paid, or agreed to he paid, in respect to the proposed transfer, land may refuse to grant the transfer if in any case it is of opinion that the consideration,' including consideration for any transaction incidental to the proposed transfer, is excessive. The payment of goodwill on transfers is also prohibited under the Bill, and any amount so paid is recoverable in a. Court which shall decide the facts.

The provision in last year’s Bill requiring a license to provide a minimum of accommodation, a clause which was deleted by the House, is omitted from this year's measure. The new Bill, however, includes the clauses providing for a sufficient hot water service, and giving the Licensing Committee power to impose a condition requiring the licensee on the grant or renewal of a publican’s license to effect additions, alterations or repairs in respect of tho premises or furnishings.

Tlie Bill retains the previous clauses regardng restriction of the employment of women in bars and the supplying of liquor to persons under twenty-one years of age. In connexion with chartered clubs discretionary power, instead of mandatory, is to be given regarding cancellation of tlie charter on the ground that, an offence under tlie Licensing Act lias been committed.

After April Ist, 1929, all barmen are to be registered. The register is to be kept by the police and certificates of registrations may be endorsed on conviction for offences.