Original Correspondence. PUBLICANS' LICENSES.

New Zealander, Volume 5, Issue 420, 24 April 1850, Page 3

Original Correspondence. PUBLICANS' LICENSES.

To the Editor of the New-Zeahmder, Sin.—No power which Magistiates pos sesH ought to be exercised with more caution anil foresight than thai of authoijsing or refusing the issue of LicenBes for Public Houses throughout the colony, feiuiple as the duty and easy as its responsibility may appear to be, I think it will be seen, upon consi. dprnion, that there is scarcely any other public duty which, if remissly done, is so productive of injm-y and ei'A. On thp one hand, if an indiscriminate and unlimited Hsne of licenses be sanciiwed, the results are as pernicious as they arc certain. Once thickly Btn<J the devnted soil will) unnecessary grng shops, and Drunkenness, with her hideous suite or dime and misery, will soon predominate. Low prices arm other umul.itivc allurtinenti of strong com petition will toon reduce many who now—untempted unMleii—are btiong in FobrMy —many more, who now halt betwern two opinions—to the slavery and pmdition of drunkenness. Even now our deaths bear melancholy witness to the power of this Colonial Fiend. These, who cannot predict the result, when countless public houncf, euc'i flemishing in the circle of its own corruption cover the laud wuh ylaeue spots, and, as it were with the fabled influence of the Upas-tree, blast the growth of en ry human happiness and virtue. But, on the other hand, an aibitiary, unreasonable, and capricious refusal, on the p»rt of Magistrates, of liceoses, though not so generally injurious, is ialso a lamentable misuse of magisterial functions, and has also, as every misuse of power must have, its train of attendant evils. The duty of Magistrates, under this head, is obvious. Great caution should indeed be exercised in granting new licfases, but still the renewal of old licenses should r.ot be refused, except upon clear giounds of inadequate accommodation, unnecessary existence, or irregular management. Otherwise a great hardship is inflicted upon individuals, and the public is deprived of a legitimate requirement. ' Every year, during which a house has been licensed ! —so long at no just complaints ate made, and as accommodation proper to its position exists —gives its landlord an additional claim to the renewal of his license, and the public an additional guarantee for the proper exercise of the privilege grantpd. Year by year the public becomes more and more accustomed legitimately to require its use, and year by year the house becomes more and more adapted to satisfy those legitimate wants. No matter whether the landlord is changed or not— 80 long as no substantive objection exists against him individually—his claim is inseparable from that of the house, or, perhaps I should say, of the public. If a necessity exists for a reduction of Public Houses, let it be based upon some fair principle and then impartially carried out —not hap-hazardously and without due consideration of the claims of each. I think the above remarks neceisary in consequence of the proceedings of the Magistrates at the last two Annual Licensing Days—on each remarkable for their extremes—on the first day for ai indiscriminately licensing new, as on the last day, indiscriminately uni censing old Houses. I willingly accord to the magistrates every wish to be just, but, I fear, either from want of proper consideration or proper information, they have hurried themselves into decisions which subsequent reflection cannot but make them regret. It appears that at their last meeting, notwithstanding thit houses had long been licensed—that a recent transfer had been sanctioned —that valuable improvements had been made, and thut the mauagement of the bou*es had been unexceptionable —still a majority of magistrates were found to anuul their existence, in preference to other houses, perhapi equal in moitrespfcn but certainly inferior in the claim of long standing repute. A benefit, I think, would be conferred on the community, if, immediately before the Licensing day, tiir Pi ess "ere lo lay down the leading principle-, sanctioned by reason am) ex euence, upon which maiicn of die kind should be con< ucteu f.r the luhLikx of the " Great Unpaid" on the bpn. h th.it Jay—and tluu in a great meftbufc < bvui'e ihe r u-u nee of such dvsultoiVi lncai.'t'ji., mri pr .ftu'.ilit \>)\\ 1 ms piocecdin^s as< took pluce o i ' uc-Cin la-t. I nio Si, youi mot tib-nit nt serv mt, Crvis. Auckland, April 22, 1850. [Our correspondent's views ate subst^ntial'y oo r own, r< k! preve.,l our making some observations which we had inte.idod. We ' t^ been eiidcuvoung to acquire iwjmdial information on the subject, which, in due time, we shall prob .bly state. —Ed. N. Z ]