THE LICENSING LAWS.

New Zealand Times, Volume XXIX, Issue 4126, 11 June 1874, Page 3

THE LICENSING LAWS.

The Provincial • Council of Otago is at present being exercised on the subject of publicans’ licenses, and some interest seems to be taken in the question by the public and publicans. RADAYAY REFRESHMENT ROOMS. Having put the question, “ When lawyers differ who shall decide,” the Star reports : The Provincial Council was, this afternoon, called upon to decide a knotty point, on which its members of the legal profession were divided in opinion. On the second reading of the Licensing Ordinance Amendment Ordinance, which is to authorise the issue of “refreshment room licenses,” the question was raised as to the power of the Council to pass such a measure, in the face of the Act of the General Assembly of last session. On the one hand, the Provincial Solicitor and Mr. Haggitt were strong in their opinion that they had full power to do so ; while Mr. Turtou was equally strong in his conviction that they had not. Mr. Speaker complimented lawyers on their skill in framing ambiguous clauses ; but Mr. Haggitt backed the Legislators, and evidenced the Licensing Act itself, but fairly turned the laugh against Mr. Gillies when ho said it was fortunate for the Council that ho could better interpret the standing orders than Acts of Parliament. I*IIOPOSED AMENDMENTS. Mr. Haggit, in the same Council, has given notice that he will move:—“That in the opinion of this Council, the licensing laws at present in force in this Province should be amended in the following particulars:—(l.) That provision should be made for the transfer of publicans’ licenses between the times of the sittings of the Licensing Courts. (2.) That provision should be made for opening public-houses on Sundays between the hours of 1 to 3 in the afternoon, and 8 to 10 in the evening, but that the bar doors should be kept closed on those days. (3.) That a license having been once granted, personal applications for the renewal of such license should not be necessary or required, unless notice of objection to the renewal thereof has been served on the Clerk of the Court, and also on the licensee, a reasonable time before the sitting of the Licensing Court; and if no objection to the renewal of a license be so served, the license shall bo renewed as a matter of course, (i.) That the system of bottle licenses be discontinued, and that the minimum quantity of liquor of any description which may be sold under a wholesale license be reduced to one gallon.” The Provincial Solicitor gave notice that when Mr. Haggitt’s resolutions arc brought on, he will move as an amendment—-

“ That in the opinion of this Council, the licensing laws at present in force in the Province should lie amended in the following particulars, viz.:—(1.) That provision should be made for the transfer of publicans’ and bottle licenses between the times of the Licensing Court. (2.) That in order to prevent the undue creation of vested interests in tire liquor traffic, no new publicans' license should be granted in any district until a memorial signed by a majority of the adult residents in the district be presented to the Licensing Court, the genuineness of the signatures to the memorial being verified, as provided for by section 23 of The Licensing Act, 1873.” THE VALUE OE HOTEL PUOrERTIES. Mr. McGlashau has presented a petition to the Provincial Council from Mr. W, H. Arrow, as chairman of a meeting of Licensed Victuallers, asking the Council to cause the following address to bo forwarded to the General Assembly :—“That taking into consideration the value of hotel properties in Otago, as also the value of the land whereon the same arc erected—as instance laud recently sold in Princes Street, Dunedin, (whereon an hotel is built), realising at the rate of TOO,OOO per acre —it may fairly be presumed that £1,000,000 is not an over-estimate of hotel properties in the said Province, and in dealing with so large an interest, it is the opinion of this meeting that the Licensing Act for Hew Zealand regulating the sale of intoxicating liquors (22ud Oct., 1873) is unjust in its operation and totally unfit for tile requirements of such a population as that of Otago, as no provision is made therein to license houses on new goldfields, thereby affording opportunities for slygrog selling and its attendant evils. Moreover, licenses can only be granted at annual sittings held by irresponsible Boards, and it is believed that no transfer of license^ can now take place, hence the operation of too Act is additionally injurious. That, in the opinion of this meeting an alteration in the said law is immediately required—its iniquitous and unjust effort lias a tendency to ruin many respectable persons in the Colony, not only as lessees of hotels, but also as the owners thereof, and consequently productive of great injury to tradespeople and others, through loss of custom. That it is believed the said Act is not legally in force, as there is nothing therein contained as to when it comes into operation (see clause 13), and that clause 23 is unworthy of the statute books of tile Colony, granting as it does, without appeal or re-hoaring, a despotic power over the fortune and property of every person who may apply to any Board or Commissioners for a publican’s license. That it is respectfully suggested that there be a clause inserted in any new or amended Act to the effect that none but registered electors .shall be permitted to oppose the granting or renewing publicans’ general licenses.”